Agenda 01/16/2008 LDC
er County
Board of County Commissioners
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January 16, 2008
5:05 p.m.
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
~
LDC AGENDA
January 16,2008
5:05 p.m.
SPECIAL MEETING
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5)
MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
Page 1
January 16, 2008
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
1. INVOCA nON AND PLEDGE OF ALLEGIANCE
2. THE BOARD TO CONSIDER AN ORDINANCE AMENDING
ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY
LAND DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE REGULA nONS FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA.
3. ADJOURN
Page 2
January 16, 2008
.._'-,.._'-<._'~.~"._._+._._-,-~.~~--
MEMORANDUM
Community Development & Environmental Services Division
Department of Zoning and Land Development Review
To: Members of the Collier County Board of County Commissioners
From: Catherine Fabacher, LDC Manager
Date: January 14,2008
Subject: LDC Amendment Cycle 2007-2 Packet
For BCC LDC Public Hearing On
Wednesday, January 16 at 5:05 p.m.
Attached please find the LDC Amendment Packet for this cycle for the first meeting on Wednesday,
January 16 at 5:05 p.m.
Since beginning the cycle on August 31, 2007 a lot of work has been done by staff, the
Environmental Advisory Council, the Development Services Advisory Committee and the Planning
Commission. As a result of this close scrutiny, several amendment requests have been withdrawn
(as indicated in the summary sheets).
Following is a list ofthe amendment requests to be heard at this Wednesday night's meeting.
(JIIIIJ(J(JI;: 11;\1111(" :1
/\1;1 r.o, ""
I ARCH I HIST BOARD I
An amendment to allow open house signs in the right-of-way.
An amendment to create a one-time permit and procedures for
revoking permit for noise violations.
Contains former versions of outdoor serving/entertainment
amendments that were combined to create outdoor serving permit.
An amendment to exclude wet slips from shorelines within a
conservation easement in accordance with the Manatee Protection
Plan.
Return and revise provisions of the Historical/Archeological Board
omitted during re-codification (Ord. No. 04-41)
The balance of the amendment requests contained in this packet are scheduled to be heard for the
first time on Tuesday, January 22, 2008 at 9:00 a.m.
Proposed Schedule For LDC Amendment Cycle 2007-2
Meetine: Dav Date Time
LDC Amendment Deadline Friday August 31 COB
County Mgr.'s Review Friday September 21 As Available
Packets to Directors/EAC/DSAC Mondav September 17 Mte:s.
DSAC LDR Sub-Committee Meeting* Wednesday September 26 2:30 pm
EAC Monthly Meeting* Wednesday October 3 9:00 a.m.
DSAC Monthly Meeting* Wednesday October 1 0 1:00 p.m.
I st Packets to CCPC Tues.-Fri.. October 26-29 12:00 p.m.
CCPC LDC Meeting 1 * Wednesday November 28 8:30 a.m.
CCPC LDC Meeting 2* Wednesday December 12 5:05 p.m.
CCPC LDC Meeting 3* Thursday December 13 8:30 a.m.
-1:00 p.m.
2nd Packets to CCPC Thurs.-Fri. December 20-21 12:00 p.m.
CCPC LDC Meeting 4* Wednesday January 9 8:30 a.m.
1 st Packets to BCC Thursday January ]0 5:00 p.m.
BCC LDC Meeting 1 * Wednesday January 16 5:05 p.m.
BCC LDC Meeting 2* Tuesday January 22 9:00 a.m..
2nd Packets to BCC Friday February] 12:00 p.m.
BCC LDC Meeting 3* Tuesday February 5 1:00 - 5:00 p.m.
BCC LDC Meeting 4* Tuesday February 19 5:05 p.m.
Ordinance to Tallahassee Wednesday February 27 12:00 p.m.
* indicates a public hearing date
Community Development & Environmental Services
1:\07 Amend the LDC\2007-Cycle 2\Schedules and summaries\Cycle 2 2007 _ LDC Schedule (FINAL 11-05-07).doc
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Text underlined is new text to be added.
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LDC Amendment Request
ORIGIN: Community Development and Environmental Services
AUTHOR: Robert Wiley
DEPARTMENT:
Engineering Services
AMENDMENT CYCLE: Cycle 2, 2007
LDC PAGE: New section
LDC SECTION(S): 3.07; 6.05.01; 10.02.02 A.4.f; 10.02.03 A.3,b.vi;
CHANGE: Add Section 3.07.00 Interim Watershed Management Regulations
Add cross reference in Section 6.05.0]
Add cross reference in Section 10.02.02 A.4.f
Add cross reference in Section 10.02.03 A.3.b.vi
Add cross reference in Section 10.02.04 A.3.
Add cross reference in Section 10.02.04 B.3.
REASON: Interim Watershed Management Regulations are being added to the LDC
as a result of the Evaluation and Appraisal Report (EAR) based changes to the GMP in
2007,
FISCAL & OPERATIONAL IMPACTS: Based upon the variability of site
conditions, some projects may incur substantial fiscal impacts. There will be no fiscal
impacts to the County's review process.
RELATED CODES OR REGULATIONS:
GROWTH MANAGEMENT PLAN IMPACT: Implements the 2007 EAR-based
changes to the CCME of the GMP.
OTHER NOTESNERSION DATE: Original Date: 8-28-07; revised October 9,
2007, revised per CCPC 1-9-08.
Amend the LDC as follows:
3.07.00 Interim Watershed ManaQement Requirements
3.07.01 Applicabilitv
1
1,\07 Amend the LDC\2007-Cycle 2\LDC pacl<et\01160B BCC\BCC 011608-,doc
Text underlined is new text to be added.
TeJd: striketf::trGl.lgt:l is Gl:meAt tma ts be E1eleted.
Bold text indicates a defined term
A. New development and redevelopment shall be in compliance with the qoals,
objectives and policies of the Conservation and Coastal Manaqement Element
(CCME) of the Collier Countv GMP and with this LDC until the formal adoption bv
the Countv of all land development requlations, ordinances, policies, and
proqrams which implement the Watershed Manaqement Plans as thev are
prepared.
B. The followinq watershed manaqement requirements will remain in force for the
applicable reqion of the Countv until superseded bv the formal adoption bv the
Countv of land development requlations, ordinances, policies, and proqrams for
each watershed as established bv the completion, adoption and implementation
of the individual Watershed Manaqement Plans.
C. The Countv shall adhere to the limitinq discharqe rates of each basin as outlined
in Ordinance 2001-27, adopted Mav 22, 2001 which amended the Countv Water
Manaqement Policv and provided basin delineations where special peak
discharqe rates have been established.
3.07.02 Interim Watershed Rellulations
A. All new development and redevelopment projects shall meet 150% of the water
qualitv volumetric requirements of Section 5.2,1(a) of the Basis of Review for
Environmental Resource Permit Applications within the South Florida Water
Manaqement District (February 2006). The projects shall also complv with the
allowable offsite discharqe rates required Ordinance 2001-27, as amended. The
150% water qualitv volumetric requirement also applies to the Countv's minimum
requirement of 1 inch under Ordinance 90-10, as amended; thus increasinq the
Countv's minimum requirement to 1.5 inches.
1.0 The entiretv of the required 150% treatment shall occur within the
boundaries of the stormwater treatment svstem, excludinq Countv
required native veqetation preserves, which are not allowed to be
incorporated into the stormwater qualitv treatment svstem.
2. For purposes of these interim watershed manaqement requlations, anv
reconfiquration of, or addition to, the on-site impervious area that equals
or exceeds 50 percent of the existinq on-site impervious area square
footaqe shall be considered redevelopment of the site. Redevelopment
shall also be considered as anv chanqes to, or reconfiquration of, the
buildinq footprint and/or all other on-site impervious area which equals or
exceeds 50 percent of the assessed value of the improvements on the
site. In anv case, the more restrictive shall applv in the determination of
redevelopment. The 50 percent threshold for impervious area and/or
assessed value of improvements shall be calculated cumulativelv over a
5-vear period.
IL Loss of storaqe or convevance volume resultinq from direct impacts to wetlands
shall be compensated for bv providinq an equal amount of storaqe or
convevance capacitv on site and within or adiacent to the impacted wetland.
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C. Floodplain storaqe compensation calculation shall be provided on a case by case
basis. based upon historical floodinq and drainaqe problem area information. as
determined by staff. for developments within the desiqnated flood zones "A".
"AE". and "VE" as depicted on the Flood Insurance Rate Maps published by the
Federal Emerqency Manaqement Aqency with an effective date of November 17.
2005. Floodplain storaqe compensation calculations shall be provided on a case
by case basis. based upon historical floodinq and drainaqe problem area
information. as determined by staff. for areas known to be periodically inundated
by intense rainfall or sheetflow conditions,
Fiqure 3.07.02 - 1 Areas of special evaluation for watershed system
requirements per subsection 3.07.02 D.
,
'i. ..,.jtr-
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Source: Solthwestflorida
feasibility Study, Collier COlll"ty
ADG BAT Prqect Changes
Coverage STEP4
as of July 20, 2006
175
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D. All development located within areas identified on Fiqure 3.07.02 -1 shall be
evaluated to determine impacts to natural wetlands, flowwavs, or slouqhs, For
this particular evaluation, natural wetlands, flowwavs, or slouqhs shall be
tentatively identified as contiquous lands havinq a continual preponderance of
wetland or wet facultative plant species and a qround elevation throuqh the maior
portion of the natural wetland, flowway, or slouqh at least 1 foot lower, on
averaqe, than the qround at the edqe of the natural wetland, flowwav, or slouqh.
The edqe of the natural wetlands, flowwavs, or slouqhs shall be identified by
field determination and based upon veqetation and elevation differences from the
adiacent uplands or transitional wetlands. The County shall require the
applicant to avoid direct impacts to these natural wetlands, flowwavs, or
slouqhs or, when not possible. to ensure any direct impact is minimized and
compensated for by providinq the same conveyance capacity lost by the direct
impact.
.t. All new development and redevelopment proiects shall be desiqned so that
surroundinq properties will not be adversely impacted by the proiect's influence
on stormwater sheet flow UP to the 25-year, 3-day desiqn storm.
***************************************************************************
6.05,01 Stormwater Management System Requirements
A complete stormwater management system shall be provided for all areas within the
subdivision or development, including lots, streets, and alleys.
A. The system design shall meet the applicable provisions of the current County
codes and ordinances, SFWMD rules and regulations pursuant to Florida
Statutes, and the Florida Administrative Code, and any other affected state and
federal agencies' rules and regulations in effect at the time of preliminary
subdivision plat submission.
8, Where storm water runoff from outside the subdivision or development
historically passes on, over, or through areas of the subdivision or
development, such runoff shall be included in the stormwater system design.
The system shall be designed for long life, low cost maintenance by normal
methods and provide for optimal on-site detention of stormwater runoff and
groundwater recharge in accordance with applicable County and SFWMD
regulations.
C. Any structure with an outside wall which is closer than ten (10) feet from a side
property line shall install properly sized (minimum twenty-four (24)-square inch
cross-section) gutters and downspouts to direct stormwater away from
neighboring properties and toward front and/or rear swales or retention/detention
areas.
D. In-ground percolation type retention systems such as rock trenches, exfiltration
trenches or beds, infiltrator type systems, gallery type systems, etc., shall not be
used to achieve water quality retention for residential subdivisions. Rear yard
open retention systems shall likewise not be designed to achieve water quality
retention on projects submitted after January 1, 2002, All retention systems for
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projects designed after January 1, 2002, shall be on common property owned
and maintained by a homeowners' association or similar entity.
E, Any canal which forms a part of the public water management system shall be
dedicated for care and maintenance per the requirements of the governmental
agency which has jurisdiction. Canals located entirely within the subdivision and
which do not form a part of the public water management system shall be
dedicated to the public, without the responsibility for maintenance, as a drainage
easement. A maintenance easement, of a size acceptable to the County
Manager or designee or other governmental agency with maintenance
responsibility, shall be provided adjacent to the established drainage easement,
or the drainage easement created must be of a size suitable for the proposed
canal and its maintenance,
F. The desiqn of the stormwater manaqement system shall fully incorporate the
requirements of the Interim Watershed Manaqement requlations of LOC Section
3.07,00.
******************************************************************************
10.02.02 Submittal Requirements for All Applications
A. Environmental impact statements
1. Purpose.
a. The purpose of this section is to provide a method to objectively
evaluate the impact of a proposed development, site alteration,
or project upon the resources and environmental quality of the
project area and the community and to insure that planning and
zoning decisions are made with a complete understanding of the
impact of such decisions upon the environment, to encourage
projects and developments that will:
I. Protect, conserve and enhance, but not degrade, the
environmental quality and resources of the particular
project or development site, the general area and the
greater community.
ii. Minimize the future reduction in property values likely to
result, or be caused by improperly designed and executed
projects and developments
iii. Reduce the necessity for expenditure of public funds in the
future for rehabilitating the environmental quality of areas
of environmental sensitivity,
b. Further, it is the purpose of this section to attain the widest range
of beneficial uses of the environment without degradation of
environmental advantages and risk to public health, safety,
welfare and other undesirable consequences.
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c It is also the purpose of this section to optimize a balance between
population and resource use to permit high standards of living and
a wide sharing of resources and amenities among all citizens and
residents of and visitors to Collier County during the present and
future generations,
2. Applicability! environmental impact statement (EIS) required. Without
first obtaining approval of an EIS, or exemption pursuant to section
10,02.02 A.7., as required by this Code it shall be unlawful and no
building permit, conditional use, zoning change, subdivision or
condominium plat or unplatted subdivision approval or other county
permit or approval of or for development or site alteration shall be issued
to cause the development of or site alteration of:
a. Any site with a ST or ACSC-ST overlay.
b. All sites seaward of the coastal management boundary that are
2.5 or more acres,
c. All sites landward of the coastal management boundary that are
ten or more acres.
d. Sites where a prior EIS was prepared and approved for the same
area of land and where the following exist:
I. Greater impacts to preserve areas or changes in location
to preserve areas are proposed;
ii Greater impacts to jurisdictional wetlands or listed species
habitats are proposed;
iil. New listed species have been identified on site; or
iv. A previous EIS is more than 5 years old.
e. Any other development or site alteration which in the opinion of
the County Manager or his designee, would have substantial
impact upon environmental quality and which is not specifically
exempted in this Code. In determining whether such a project
would have substantial environmental impact the County Manager
or his designee shall base his decision on the terms and
conditions described in this Code and on the project's consistency
with the growth management plan.
f. When required by section 3,04,01 of this Code, plant and animal
species surveys shall be conducted regardless of whether an EIS
or resubmitted EIS is required by this section.
3. Submission and review of EIS, A completed EIS, in written and digital
format, shall be submitted to County Manager or his designee for
approval, denial or approval with modifications. No development or site
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alteration will be started without this approval and permits required by
law, Failure to provide full and complete information shall be grounds for
denial of the application, The author(s) of the EIS shall provide evidence,
by academic credentials or experience, of his/her expertise in the area of
environmental sciences or natural resource management. Academic
credentials shall be a bachelor's or higher degree in one of the biological
sciences. Experience shall reflect at least three years, two years of which
shall be in the State of Florida, of ecological or biological professional
experience if substituting for academic credentials.
4. Information required for application.
a, Applicant information.
i. Responsible person who wrote the EIS and his/her
education and job related environmental experience.
ii. Owner(s)/agent(s) name, address, phone number & e-mail
address.
b. Mapping and support graphics,
L General location map,
ii. Native habitats and their boundaries identified on an aerial
photograph of the site extending at least 200 feet outside
the parcel boundary. This does not mean the applicant is
required to go on to adjoining properties. Habitat
identification consistent with the Florida Department of
Transportation Florida Land Use Cover and Forms
Classification System (FLUCFCS) shall be depicted on an
aerial photograph having a scale of one inch equal to at
least 200 feet when available from the County, Other scale
aerials may be used where appropriate for the size of the
project, provided the photograph and overlays are legible
at the scale provided, A legend for each of the FLUCFCS
categories found on-site shall be included on the aerial.
III. Topographic map, and existing drainage patterns if
applicable, Where possible, elevations within each of
FLUCFCS categories shall be provided.
iv, Soils map at scale consistent with that used for the Florida
Department of Transportation Florida Land Use Cover and
Forms Classification System determinations.
v. Proposed drainage plan indicating basic flow patterns,
outfall and off-site drainage.
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vi. Development plan including phasing program, seNice
area of existing and proposed public facilities, and existing
and proposed transportation network in the impact area.
vii. Site plan showing preseNes on-site, and how they align
with preseNes on adjoining and neighboring properties.
Include on the plan locations of proposed and existing
development, roads, and areas for stormwater retention,
as shown on approved master plans for these sites, as well
as public owned conseNation lands, conseNation
acquisition areas, major flowways and potential wildlife
corridors.
viii. For properties in the RLSA or RFMU districts, a site plan
showing the location of the site, and land use designations
and overlays as identified in the Growth Management Plan,
c, Project description and GMP consistency determination.
i. Provide an overall description of the project with respect to
environmental and water management issues,
ii. Explain how the project is consistent with each of the
Objectives and Policies in the ConseNation and Coastal
Management Element of the Growth Management Plan,
where applicable.
d, Native vegetation preseNation.
i. Identify the acreage and community type of all upland and
wetland habitats found on the project site, according to the
Florida Land Use Cover and Forms Classification System
(FLUCFCS), Provide a description of each of the
FLUCFCS categories identified on-site by vegetation type
(species), vegetation composition (canopy, midstory and
ground cover) and vegetation dominance (dominant,
common and occasional).
ii. Explain how the project meets or exceeds the native
vegetation preseNation requirement in Goal 6 of the
ConseNation and Coastal Management Element of the
Growth Management Plan, and Chapters 3 and 10 of the
Land Development Code. Provide an exhibit illustrating
such, Include calculations identifying the acreage for
preservation and impact, per FLUCFCS category.
iii. For sites already cleared and in agricultural use, provide
documentation that the parcel(s) are in compliance with
the 25 year rezone limitation in Policy 6.1.5 of the
Conservation and Coastal Management Element of the
Growth Management Plan and Chapters 3 and 10 of the
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Land Development Code. For sites cleared prior to
January 2003, provide documentation that the parcel(s)
are in compliance with the 10 year rezone limitation
previously identified in the Growth Management Plan and
Land Development Code.
iv, Have preserves or acreage requirements for preservation
previously been identified for the site during previous
development order approvals? If so, identify the location
and acreage of these preserves, and provide an
explanation if they are different from what is proposed.
v. For properties with Special Treatment "ST" overlays, show
the ST overlay on the development plan and provided an
explanation as to why these areas are being impacted or
preserved
e. Wetlands.
i. Define the number of acres of Collier County jurisdictional
wetlands (pursuant to Policy 6.2,1 and 6.2.2 of the
Conservation and Coastal Management Element of the
Growth Management Plan) according to the Florida Land
Use Cover and Forms Classification System (FLUCFCS).
Include a description of each of the FLUCFCS categories
identified on-site by vegetation type (species), vegetation
composition (canopy, midstory and ground cover) and
vegetation dominance (dominant, common and
occasional). Wetland determinations are required to be
verified by the South Florida Water Management District or
Florida Department of Environmental Protection, prior to
submission to the County.
ii. Determine seasonal and historic high water levels utilizing
lichen lines or other biological indicators, Indicate how the
project design improves/affects predevelopment
hydroperiods. Provide a narrative addressing the
anticipated control elevation(s) for the site,
iii. Indicate the proposed percent of defined wetlands to be
impacted and the effects of proposed impacts on the
functions of these wetlands. Provide an exhibit showing
the location of wetlands to be impacted and those to be
preserved on-site. Describe how impacts to wetlands have
been minimized.
iv. Indicate how the project design compensates for wetland
impacts pursuant to the Policies and Objectives in Goal 6
of the Conservation and Coastal Management Element of
the Growth Management Plan, For sites in the RFMU
district, provide an assessment, based on the South
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Florida Water Management District's Uniform Mitigation
Assessment Method, that has been accepted by either the
South Florida Water Management District or the Florida
Department of Environmental Protection. For sites outside
the RFMU district, and where higher quality wetlands are
being retained on-site, provide justification based on the
Uniform Mitigation Assessment Method,
f. Surface and ground water management.
I. Provide an overall description of the proposed water
management system explaining how it works, the basis of
design, historical drainage flows, off-site flows coming in to
the system and how they will be incorporated in the system
or passed around the system, positive outfall availability,
Wet Season Water Table and Dry Season Water Table,
and how they were determined, and any other pertinent
information pertaining to the control of storm and ground
water.
il. Provide an analysis of potential water quality impacts of
the project by evaluating water quality loadings expected
from the project (post development conditions considering
the proposed land uses and stormwater management
controls) compared with water quality loadings of the
project area as it exists in its pre-development conditions,
This analysis is required for projects impacting five (5) or
more acres of wetlands. The analysis shall be performed
using methodologies approved by Federal and State water
quality agencies.
iil. Identify any Wellfield Risk Management Special Treatment
Overlay Zones (WRM-ST) within the project area and
provide an analysis for how the project design avoids the
most intensive land uses within the most sensitive WRM-
STs.
IV. The desiqn of the proposed stormwater manaqement
system and analysis of water quality and quantity impacts
shall fully incorporate the requirements of the Interim
Watershed Manaqement requlations of LDC Section
3.07,00.
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10.02.03 Submittal Requirements for Site Development Plans
A. Generally.
1, Purpose. The intent of this section is to ensure compliance with the
appropriate land development regulations prior to the issuance of a
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building permit. This section is further intended to ensure that the
proposed development complies with fundamental planning and design
principles such as: consistency with the county's growth management
plan; the layout, arrangement of buildings, architectural design and open
spaces! the configuration of the traffic circulation system, including
driveways, traffic calming devices, parking areas and emergency access!
the availability and capacity of drainage and utility facilities; and, overall
compatibility with adjacent development within the jurisdiction of
Collier County and consideration of natural resources and proposed
impacts thereon.
2. Applicability. All development, except as otherwise provided herein, is
subject to the provisions of this section. The provisions of this section
shall not apply to the following land use activities and represents the sole
exceptions therefrom:
a, Single-family detached and two-family housing structure(s) on a
lot(s) of record except as otherwise provided at section 4.02.02
(cluster development),
b. Townhouses developed on fee simple lots under individual
ownership, provided that a fee simple townhouse plat is approved
in accordance with the provisions of section 10.02.04 8A.
c. Underground construction; utilities, communications and similar
underground construction type activities.
d, Accessory and ancillary facilities for a golf course such as
restrooms, irrigation systems, pump-houses where a preliminary
work authorization has been entered into with the county except
where a site alteration permit is required by this Code,
e, Construction trailers and storage of equipment and materials
following issuance of a building permit for the use to which said
activities are a function of, except as otherwise provided by
section 5.04.03 E. Model homes and sales centers, except as
otherwise provided by section 5.04.04.
f. Project entryway signs, walls, gates and guardhouses.
g. Neighborhood parks, subject to the approval of a conceptual site
plan, depicting, on a 24" by 36" sheet, all site clearing!
improvements, including fences and walls, playground equipment,
walkways, picnic areas, and play areas; and minimum Code
landscaping (irrigation will not be required). For the purposes of
review fees only, this plan shall be treated as a conceptual site
development plan, and the applicable review fee shall apply.
Minimum landscape buffering. Under certain circumstances with
neighborhood parks, there may be underlying health, safety and welfare
concerns that necessitate deviation from the buffering required in section
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4.06.02. The County Manager or his designee will determine, on a case-
by-case basis, whether such deviation is necessary. This determination
will be made upon a request for determination from the applicant, which
must include all reasons that would justify the deviation. The County
Manager or his designee will use factors including, but not limited to, the
following when making a determination for deviation:
a. The geographic location of the neighborhood park
b. The effects that a lack of buffering will have on neighboring uses;
and
c, The need to ensure that the public safety is maintained by
providing law enforcement and other policing entities clear view of
the activities occurring on the park premises.
While the above land use activities shall be exempt from the
provisions of section 10.02.03, these land use activities are
subject to all other provisions of the Land development Code
such as but not limited to landscaping (with the exception of g., as
listed above), tree removal, development standards and the
submission requirements attendant to obtaining temporary use
and building permits.
3. Exemptions. Due to its location or minimal impact on surrounding
properties and probable minimal impacts under the site development
plan review standard contained in section 10.02.03 A4., standard
application requirements as described in section 10.02.03 A, may be
waived in part or in full by the County Manager or his designee for
agriculturally related development as identified in the permitted and
accessory uses section of the rural agricultural zoning district; however,
a site improvement plan as required by section 1002.03 B, addressing
the application requirements deemed necessary by the County Manager
or his designee shall be submitted to the planning department for review
and approval.
a. School board review ("SBR") application contents. The SBR
application submittal will be in accordance with section 10.02.03 of
the Code, but will be accorded an expedited process as outlined in
the Manual for County Consistency and Site Plan Reviews of
educational facilities and ancillary plants, as may be amended
by agreement between the Board of County Commissioners and
the Collier County School Board. This document is available in the
Records Room of the Community Development and
Environmental Services Building.
b, The expedited site plan for school board review, as referenced
in section 10.02.03 A3,a. of the Land Development Code, will
consist of the following areas of review:
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i. Collier County Utilities Standards and Procedures,
Ordinance No. 01-57, as may be amended. In accordance
with this Ordinance, the following requirements must be
met:
(a) That portion of the water and/or wastewater
system that lies in the public rights-of-way or in
County utility easements ("CUE") shall be
conveyed to the Collier County Water/Sewer
District prior to the issuance of the certificate of
occupancy,
(b) All water and wastewater systems shall be built in
accordance with the Collier County Utility Technical
Standards Manual in effect at the time a SBR Letter
of Compliance is requested.
(c) Chapters 3 and 10 of the code designed to protect
local government water supply wellfields from land
uses that may pollute shall apply.
(d) Off-site improvements shall be in accordance with
the current update of the Water and Wastewater
Master Plan and must include any agreement
necessary to assign the responsibility for the cost of
upsizing said water and/or wastewater facilities.
(e) The School District shall be responsible for all
materials and/or real property required for the water
and/or wastewater system. Any expansions and/or
renovations to existing school facilities shall require
a review by the Collier County Engineering
Services Department to determine the need for a
change in meter sizing and additional grease traps,
(f) South Florida Water Management District
(SFWMD) permits shall be submitted prior to the
issuance of an SBR approval.
ii. Compatibility review. The County will conduct a
compatibility review that will take into account the
Architectural and Site Design Standards contained within
Section 5,05.08 of the LDC in effect at the time a SBR
Letter of Compliance is requested and that pertain to
issues of compatibility with surrounding uses,
complementary patterns of development and mitigation of
negative impacts, limited to compatibility issues, external
sidewalks and pathway connections, lighting, dumpster
location and screening and orientation of buildings and
ancillary facilities, In addition, The Utility Billing and
Customer Service ("UBCS") Department shall ascertain
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that there is ample space for the trash dumpster(s) or
compactor(s) and for the trash collection franchisee to
maneuver trucks in and out of the space allowed for the
dumpster(s) or compactor(s). With the exception of high
school facilities, this compatibility review will be a
courtesy review. For high school facilities, this will be a
formal review process and is subject to the appeal process
set forth in this section 10.02.03(A)(3)(c) of the Code in the
event that the County denies the application based on non-
compliance with the items listed in this paragraph.
iii. Landscaping and buffering. Chapter 4.06,00 of the Code
in effect at the time a SBR Letter of Compliance is
requested shall apply. The County Planning Staff will
recommend an amendment to the code allowing
administrative deviations from the landscaping and
buffering standards for essential services such as
Educational and ancillary plants. Specifically, the County
will recommend flexibility in the regulations for projects
where there will be joint use by the County Department of
Parks and Recreation and the School District. In the event
that the BCC approves the recommended amendment,
administrative deviations may be granted provided the
School District can demonstrate that the intent of this
section can be effectively accomplished without meeting
the specific development standards. The reasons for
deviations are set forth in this Chapter 10 of the code, but
the deviation shall be in the format required by Section
5.05.08 of the code.
IV. Environmental regulations for compliance with the Collier
County GMP Conservation and Coastal Management
Element in effect at the time a SBR Letter of Compliance is
requested shall apply as follows:
(a) On a site by site basis, County Staff will determine
the necessity for an environmental impact
statement ("EIS") to be submitted,
(b) The final SFWMD Environmental Resource Permit
and all other agency permits for wetlands must be
submitted prior to a determination that the SBR
application is sufficient for review.
(c) Submission of Protected Species Surveys and, if
needed, wildlife management plans in accordance
with the code and the GMP in effect at the time of
the issuance of the SBR Letter of Compliance
along with United States Fish and Wildlife Service
("USFWS") and the Florida Fish and Wildlife
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Conservation Commission ("FFWCC") agency
permits,
(d) A site clearing plan must be submitted that shows
the native vegetation areas to be preserved and
identifies the upland/wetlands preserve or
protected species preserves.
(e) The GMP and LDC section 3.05.07 requires
schools to provide a set percentage for native
vegetation preservation in the Rural Fringe and the
Rural Lands The School Board must comply with
the set percentages of native vegetation
preservation.
(f) An exotic vegetation Removal and Maintenance
Plan must be submitted and approved prior to final
SBR approval. All exotic vegetation shall be
removed from the site of an Educational and
ancillary plant prior to the issuance of a Certificate
of Occupancy.
(g) All environmental documentation must be
submitted prior to a sufficiency determination on a
SBR application. Failure to submit the required
documentation will result in a determination of
insufficiency and the formal review process will not
commence until such documentation is received
and the application is deemed sufficient for review.
v. All State Fire Code regulations as they relate to the site
plan and in effect at the time that a SBR Letter of
Compliance is requested shall apply, The School District
shall submit all building information necessary to determine
site requirements including, but not limited to, fire flow
requirements and fire sprinkler requirements.
vi. Collier County Stormwater Management Policies as
follows:
(a) A Drainage Plan, signed and sealed by a Florida
Professional Engineer must be submitted along
with design calculations in order to determine the
proposed development's effect on County
maintained drainage facilities.
(b) SFWMD permits must be submitted prior to a
determination that the SBR application is sufficient
for review.
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(c) Easements for drainage improvements and
access to them must be submitted prior to SBR
approval. When necessary, the School Board will
supply additional drainage easement area when
necessitated by increased capacity to
accommodate the proposed development.
(d) If any dedications of easements for drainage,
maintenance, and/or access are required, all
necessary documentation to record the
easement(s) shall be provided to the County prior
to approval of the SBR. Prior to the County's
issuance of the Certificate of Occupancy, such
easements shall be approved by the BCC and
officially recorded.
@} All proposed development activities will be fullv in
compliance with the Interim Watershed
Manaqement reQulations of LDC Section 3.07.00.
******************************************************************************
10.02.04 Submittal Requirements for Plats
A. Preliminary subdivision plat requirements.
1, Procedures for preliminary subdivision plat.
a. Optional. The preliminary subdivision plat process is not
mandatory, but an option that may be exercised by the applicant
upon the effective date of this ordinance. All preliminary
subdivision plats that were approved prior to the effective date of
this ordinance are not optional and must proceed in accordance
with the procedures outlined for a preliminary subdivision plat.
Also, nothing in this section will be construed to affect the
mandatory nature of a final subdivision plat.
i. Abandonment/Cancellation of existing approved PSP's,
The applicant may chose to abandon/cancel any PSP that
was approved prior to February 11, 2004 in the event that
the FSP has not been approved. If the applicant chooses
to abandon, then the only process that will be applicable to
that applicant is the final subdivision plat process in the
same manner as if the PSP option was never exercised.
Any portion of the original PSP for which a Final Plat has
not been approved would therefore require a separate
Final Plat according to procedures in effect at the time of
submittal.
b. Initiation. In order to initiate an application for a preliminary
subdivision plat, the applicant shall prepare and submit to the
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County Manager or his designee a preliminary subdivision plat
which meets the requirements contained in this section.
c Review and determination of approval, approval with conditions,
or denial by County Manager or his designee. After receipt of a
completed preliminary subdivision plat, the County Manager or
his designee shall review and evaluate the preliminary
subdivision plat in conformance with the preliminary subdivision
plat requirements established in this section, Based on the review
and evaluation, the County Manager or his designee shall
approve, approve with conditions, or deny the preliminary
subdivision plat. The decision to approve with conditions, or deny
the preliminary subdivision plat may be appealed to the board of
county commissioners pursuant to the provisions of section
10.02.02 of this Code. If the County Manager or his designee
should deny or place conditions on the preliminary subdivision
plat, he shall state in writing reasons for such denial or conditions,
and shall cite the applicable code or regulatory basis for the
conditions or denial. Said determination may be appealed to the
county board of commissioners,
2. Preliminary subdivision plat submission requirements. The preliminary
subdivision plat process is optional. The optional nature of this process
will in no way affect the submission requirements enumerated below. In
other words, if an applicant chooses this option, the applicant must
follow all of the submission requirements. The mandatory nature of the
final subdivision plat process is likewise not affected by the optional
nature of the preliminary subdivision plat submission process,
3, A preliminary subdivision plat application shall be submitted for the
entire property to be subdivided in the form established by the County
Manager or his designee and shall, at a minimum, include ten copies of
the preliminary subdivision plat unless otherwise specified by the County
Manager or his designee. The preliminary subdivision plat shall be
prepared by the applicant's engineer and surveyor. Land planners,
landscape architects, architects, and other technical and professional
persons may assist in the preparation of the preliminary subdivision plat.
The preliminary subdivision plat shall be coordinated with the major
utility suppliers and public facility providers applicable to the
development. Provisions shall be made for placement of all utilities
underground, where possible. Exceptions for overhead installations may
be considered upon submission of sound justification documenting the
need for such installation. The preliminary subdivision plat shall include
or provide, at a minimum, the following information and materials:
a. A preliminary subdivision plat shall consist of a series of mapped
information sheets on only standard size 24-inch by 36-inch
sheets to include, but not be limited to, the following:
i. Cover map sheet;
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ii. Boundary and topographic survey;
iii. Preliminary subdivision plat with right-ot-way and lot
configurations!
iv, Natural features and vegetative cover map! for proposed
site alteration(s) within the coastal zone, vegetative cover
map shall also comply with section 3.03,02 B.;
v. Master utilities and water management (drainage) plans;
vi. Aerial map; and
vii. Standard right-ot-way cross-sections and appropriate
design details.
The above mapped information may be combined on one or more
maps if determined appropriate by the County Manager or his
designee.
b. Name of subdivision or identifying title which shall not duplicate
or closely approximate the name of any other subdivision in the
incorporated or unincorporated area of Collier County.
c. A vicinity plan showing the location of the tract in reference to
other areas of the county.
d. North arrow, graphic scale and date.
e. Name, address and telephone number of the developer, along
with the name and address of the registered engineer and
registered surveyor responsible for the plat and supporting data.
f. The location and names of adjacent subdivisions, if any, and
plat book and page reference.
g, The tract boundary with bearings and distances along with written
description and location relative to section corners.
h. Topographical conditions on the tract including all the existing
watercourses, drainage ditches and bodies of water, marshes,
wetlands, possible archaeological sites and other significant
features,
i. All existing streets and alleys of record on or adjacent to the
tract including name, right-ot-way width, street or pavement
width and established centerline elevation. Existing streets shall
be dimensioned to the tract boundary,
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j. All existing property lines, easements and rights-ot-way of
record, their purpose, and their effect on the property to be
subdivided,
k. The location and width ot all proposed streets, alleys, rights-ot-
way, easements and their purpose along with the proposed
layout ot the lots and blocks, Proposed street names shall be
identified on all public or private thorough-fares. Typical right-ot-
way and pavement cross sections shall be graphically illustrated
on the preliminary subdivision plat, showing the location of
sidewalks, bikepaths and utilities. If not previously determined
during the rezoning process, it shall be determined whether the
streets are to be public or private.
I. The incorporation and compatible development of present and
future streets as shown on the traffic circulation element of the
Collier County growth management plan, when such present or
future streets are affected by the proposed subdivision.
m, Access points to collector and arterial streets showing their
compliance to the requirements established by this section or a
zoning action previously approved by the board of county
commissioners.
n, Ground elevations based on the NGVD, However, information
pursuant to 10.02.04 A.2.h. may suffice for this information
requirement where spot elevations have been provided in
sufficient number and distribution on a boundary survey map.
o. All existing drainage district facilities and their ultimate right-of-way
requirements as they affect the property to be subdivided,
p. Generalized statement of subsurface conditions on the property,
location and results of tests made to ascertain subsurface soil
conditions and groundwater depth,
q. Zoning classification of the tract and all contiguous properties,
and, if applicable, a reference to the planned unit development or
zoning ordinance, by project name and ordinance number, shall
be shown.
r. Utilities such as telephone, power, water, sewer, gas, and the like,
on or adjacent to the tract including existing or proposed water
and sewage treatment plants. The preliminary subdivision plat
shall contain a statement that all utility services shall be available
and have been coordinated with all required utilities, Evidence of
such utility availability shall be provided in writing from each utility
proposed to service the subdivision,
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s. Sites proposed for parks, recreational areas, and school sites or
the like in accordance with any existing ordinances requiring such
a dedication.
t. Typical lot configurations shall be illustrated and the minimum
area of the lots required by the approved zoning classification
shall be referenced by note. For fee-simple residential lots, the
illustration shall portray the type of unit identified by LOC definition
and developer's description to be placed on each lot (example:
Lots 1-20, single-family attached (patio home), and show a typical
unit on typical interior and corner lots, depicting setbacks
(including preserve setbacks, if applicable) and/or separation of
structures. Also for fee simple residential lots, the illustration shall
portray the location of typical units on atypical lots (such as cul-de-
sac, hammerhead and all irregular lots). For non-residential lots
(e.g" multi-family amenity lots or parcels, commercial/industrial
lots), the illustration shall portray setbacks & building envelope.
Setbacks required by the approved zoning classification shall be
provided verbatim on the plan in matrix form, Where more than
one type of dwelling unit (e.g" single-family detached, single-
family attached, zero lot line) is planned, lots must be linked to
the type, or types, of unit which they are intended to
accommodate. A table shall be provided showing lot area and lot
width for each irregular lot, regular corner and interior lots may
show only typical width and area.
u. An environmental impact statement pursuant to section
10.02.02 of this Code, except that the applicant may request an
administrative waiver of this provision where it is apparent that no
environmental degradation will result from the development of the
land or where a prior environmental impact assessment was
prepared for the same area of land within five years from the date
of submission of the preliminary subdivision plat.
v, Locations of all wetlands, archaeological sites, endangered or
threatened species, on the parcel. The following natural feature
map shall be provided, as required, based on the nature of the
property in question:
i. A map of all wetland area locations as delineated by all
agencies having jurisdiction over such wetlands.
ii. A map of all archaeological site locations as delineated by
a professional archaeologist, a regulatory agency or a
state-recognized archaeological group.
iii. A map of all locations of other natural features as required
by [the] County Manager or his designee or any other
regulatory agency having jurisdiction over such features.
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iv, A map of all locations of colonies, burrows and nest trees
of all endangered, threatened, or species of special
concern, Such map shall be based upon delineation
criteria of the appropriate governmental or regulatory
agencies for such species.
W. The location of buffered areas required by section 4.06.01 shall
be illustrated and dimensioned if appropriate at this time.
x, A subdivision that generates 1,000 ADT (average daily trips) or
150 vehicles per hour, peak hour/peak season shall submit a
traffic impact analysis. The traffic impact analysis shall be
prepared by an engineer and shall be used to determine the
number of lanes and capacity of the street system proposed or
affected by the development, based on ultimate permitted
development.
y, A master water management plan outlining the existing and
proposed surface watercourses and their principal tributary
drainage facilities needed for proper drainage, water
management and development of the subdivision, The master
water management plan for projects that are 40 acres or less shall
consist of a plan and report with preliminary design calculations
indicating the method of drainage, existing water elevations,
recurring high water elevations, the proposed design water
elevations, drainage structures, canals, ditches, delineated
wetlands, and any other pertinent information pertaining to the
control of storm and ground water. For projects that are greater
than 40 acres, a South Florida Water Management District
conceptual permit submittal or staff report with plan, or above
equivalent, shall be required. The master water management plan
and data submitted shall be consistent with the "content of
application" submissions required by the South Florida Water
Management District (see Rule 40E, FAC., as amended). In
cases where modifications or improvements are not planned for
existing major watercourses and their principal tributary drainage
facilities, this requirement may be accomplished by so indicating
on the preliminary subdivision plat.
z, All plans and plattinCl documents shall be prepared fully in
compliance with the Interim Watershed ManaClement reQulations
of LDC Section 3.07.00.
******************************************************************************
8, Final plat requirements.
1. Protected/prese/Ve 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
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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 25-foot setback from the
boundary of such protected/preserve area in which no principle structure
may be constructed, 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
his 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 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 subdivision plat and final
subdivision plats, or only on the final subdivision plat if the applicant
chooses not to submit the optional preliminary subdivision plat, may do
so by grant or dedication without being bound by the provisions of this
section.
2. Improvement plans. The improvement plans for required improvements
which will be constructed within an existing easement must illustrate the
existing easement and existing facilities, and the proposed easement
and the proposed facilities, Copies of the improvement plans shall be
provided by the applicant to the holder of the easement(s)
simultaneously with its submission to the county.
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The review and approval of improvement plans does not authorize the
construction of required improvements which are inconsistent with
existing easement(s) of record.
3. General requirements for final subdivision plats.
a. Ten prints of the final subdivision plat shall be submitted along
with the improvement plans, No final subdivision plat shall be
approved unless the improvement plans shall have been reviewed
and accepted by the County Manager or his designee.
b. The final subdivision plat shall conform to the approved
preliminary subdivision plat, if the applicant chose to submit a
preliminary subdivision plat, pursuant to section 10.02,05 A.5.
The final subdivision plat shall constitute only that portion of the
approved preliminary subdivision plat, if applicable, which the
applicant proposes to construct within a finite periOd not to
exceed 18 months. The improvements required by this section
which apply to the final subdivision plat shall be completed within
18 months from the date of approval of the final plat unless prior to
the 18-month construction period, a written request for an
extension in time not exceeding one year is applied for and
approved by the development services administrator or his
designee. 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 (unless a written
extension request is approved by the County Manager or his
designee prior to the expiration of the 18-month construction
period), whether the final plat is approved only or approved and
recorded with the posting of a subdivision perforrnance security.
This agreement shall be submitted with the final plat for review
and approval and executed by all parties at the time of final plat
approval per section c. below.
c. At the time of submission of the final subdivision plat, the
applicant shall submit a statement indicating whether the required
improvements are to be constructed prior to the recording of the
final subdivision plat or after recording under subdivision
performance security posted with the county as provided for in this
section, When the required improvements are to be completed
after recording under guarantees as provided in this section, the
final subdivision plat upon submittal shall be accompanied by the
following:
d, An opinion of probable construction cost prepared by the
applicant's profeSSional engineer, or the actual contractor's bid,
which includes the cost of all required improvements,
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e. Subdivision performance security, as further described herein, in
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 or contract bid price.
Where improvements are to be constructed by a general-purpose
government such as a county or municipality, a local school
district, or state agency, no subdivision performance security shall
be required. Subdivision performance security shall be required of
an independent special-purpose government such as a
community development district (COD). The subdivision
performance security shall be in one of the following forms:
(1) Cash deposit agreement with the county.
(2) Irrevocable standby letter of credit.
(3) Surety bond,
(4) Construction, maintenance and escrow agreement.
f. After the final subdivision plat has been approved by the County
Manager or his designee for compliance with this Code as
provided in this section, the applicant shall resubmit five certified
sets of the previously approved improvement plans along with
approved copies of all required county, state and federal
construction permits, The applicant's professional engineer shall
also submit a digitally created construction/site plan documents,
one disk (COROM) of the master plan file, including, where
applicable, easements, waterlwastewater 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 (NA083/90 datum), with
United States Survey Feet (USFEET) units; as established by a
Florida registered surveyor and mapper. All information shall have
a maximum dimensional error of +0.5 feet. Files shall be in a
Digital Exchange File (OXF) 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 alllinework pertaining to the property feature located on
that layer. Example: parcels--AII lines that form the parcel
boundary will be located on one parcel layer. Annotations
pertaining to property information shall be on a unique layer.
Example: lot dimensions--Lottxt layer. All construction permits
required from local, state and federal agencies must be submitted
to the County Manager or his designee prior to commencing
development within any phase of a project requiring such
permits.
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g, Approval of the final subdivision plat shall not constitute
acceptance of the dedicated facilities or areas. Acceptance of any
such dedicated facilities or areas and responsibility for their
maintenance shall be by separate resolution of the board of
county commissioners.
h. All conveyance instruments shall be in a form approved by the
county attorney prior to their submission to the board of
commissioners for acceptance. If requested by the County
Manager or his designee, the grantee shall provide, at no cost to
the county, a title opinion, or certificate in a form promulgated by
the Florida insurance commissioner, which is in conformance with
the county's procedures for acquiring real property interests. No
conveyance instrument shall be recorded prior to recordation of
the final subdivision plat and formal acceptance of the
conveyance by the board of commissioners.
L All plans and plattinq documents shall be prepared fullv in
compliance with the Interim Watershed Manaqement requlations
of LOC Section 3,07.00,
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LDC Amendment Request
ORIGIN: CDES -Zoning Department
AUTHOR: Catherine Fabacher
DEPARTMENT: Zoning
AMENDMENT CYCLE: Cycle 1,2007
LDC PAGE: LDC5:26, LDClO:32
LDC SECTION(S): 5.04.07
10.02.03
Permit for Outdoor Serving Areas With or
Without Entertainment,
Submittal Requirements for Site Development Plans
CHANGE: Add requirement for a permit for outdoor serving areas; which is to be
approved administratively or through the Board of County Commissioners for
applications with a noise ordinance violation history. Add requirement to submittal
requirements for site plan for outdoor serving areas and a process whereby the County
Manager or designee can determine at site development plan review that the outdoor
serving area has potential compatibility uses with adjacent residential zoning districts
and/or residential uses. The new procedure also provides a process under which the
compatibility issues can be negotiated with the applicant and the County Manager or
designee is given the ability to require the provision of additional measures (beyond Code
requirements) to mitigate the impacts of the outdoor serving area on adjacent residential
property.
REASON: In order to ensure a healthy relationship and minimize health, safety and
welfare issues between nearby businesses, the establishment's customers and the
surrounding property owners.
FISCAL & OPERATIONAL IMPACTS: Cost of application fee should be borne by
applicant and should be of a sufficient amount to cover the cost of processing the
applications. At this point the estimated fee is approximately $300,00 for administrative
issuance of a one-time permit for outdoor serving areas with entertainment on private
property. There will be a nominal fee associated with the issuance of a code violation
history to be issued by Code Enforcement (yet to be determined) and submitted as a
requirement by all applicants.
RELATED CODES OR REGULATIONS: Section 10.02.03 Submittal
Requirements for Site Development Plans and the Collier County Noise Ordinance
(No. 90-17) in the Code of Laws and Ordinances.
GROWTH MANAGEMENT PLAN IMPACT: None
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OTHER NOTESNERSION DATE: Created March 19,2007; revised May 4, 2007
after DSAC; and revised August 23, 2007 per CCPC. Revised September 10, 2007, per
the CCPC. Revised September 17, 2007. Revised September 20, 2007, per the CCPC.
Revised January 10,2008 and January 13,2008 per CCPC
Amend the LDC as follows:
1.08.02
Definitions
Amplified sound: The use of a public address system. loudspeaker, amplifier and any
other device which electronically qenerates or auqments the volume of sound.
*
*
.
*
*
*
*
*
*
*
*
*
5,04.07 Permit for Outdoor Servina Areas With or Without Entertainment
A. Applicability. No person shall own or operate an outdoor servinq area for
food and/or beveraqes within the unincorporated area of Collier County
unless a one-time permit is obtained, in accordance with the provisions
set forth herein.
.L These requirements shall not apply if the residential use or zoninq
district is part of a mixed use proiect. approved throuqh the
conditional use process; a mixed use proiect. approved throuqh
the mixed use proiect approval process or part of a Planned
Unit Development (PUD) component desiqnated as mixed use.
2. A temporarv use permit to operate an outdoor servinq area may
be issued administratively unless a findinq of violation of the
Collier County Noise Ordinance (Ord. No. 90-17. as amended)
has been issued to the owner/manaqer of the location by the
Collier County Code Enforcement Department.
3, Permit applications for outdoor servinq areas by owners/manaqers
who have a findinq of violation of the Noise Ordinance within the
past 12 months shall be heard by the Board of County
Commissioners durinq any reqularly scheduled meetinq.
a. The Board of County Commissioners shall make the final
determination as to whether or not to approve. deny,
revoke or approve with conditions any temporarv use
permit pertaininq to outdoor servinq areas.
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4. All operators of eatina and/or drinkina establishments with existina
outdoor servina areas shall obtain a permit no later than
Septembef30.2008. Failure to obtain the permit will result in the
issuance of a notice of violation.
5, Such permit shall be transferred if the owner sells. leases or
otherwise disposes of the outdoor servina area or the premises
upon or in which the outdoor servina area is operated. to anv
person bv filina the appropriate transfer application to the Zonina
Department.
.!L Transfers shall be administrativelv approved. unless a
findina of violation of the Noise Ordinance has been issued
to the owner/manaaer within the last 12 months, In that
case. an application for an outdoor servina area permit
transfer shall be heard bv the Board of Countv
Commissioners.
6. The issuance of such a permit shall not eliminate the obliaation of
the applicant to obtain all other permits reauired under local. state
and federal reaulations: includina. but not limited to: live
performance music and/or amplified sound permits. occupational
licenses. alcohol licenses. special event permits and the like.
B. Application.
l An applicant for a permit to operate an outdoor servina area shall
submit the followina:
a. a completed application. as prescribed bv the Countv
Manaaer or desianee:
b. a code violation historY issued bv the Collier Countv Code
Enforcement Department dated no more than 30 davs prior
to the date of the application submittal:
sc. a valid non-residential zonina and land use certificate
issued bv Collier Countv:
d. an application fee as specified in the CDES fee schedule:
and
e. a site plan of the outdoor area with notation indicatina
proximitv to anv adiacent residential zonina or uses within
2500 feet of the proposed outdoor servina area.
2, In the interpretation and application of anv provision of these
reaulations. it shall be held to be the minimum reauirement
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adopted for the promotion of the public health. safety. comfort.
convenience. and qeneral welfare of unincorporated Collier
County and its residents. In determininq whether to issue a
permit. the Board shall be entitled to deny/revoke a permit where:
a. the use will not be of a type or intensity consistent with
surroundinq land uses and the reasonablv quiet and
peaceful eniovment thereof;
b. the use will cause any danqer or health hazard to any
person;
c. the use will result in the depletion. destruction. removal.
tramplinq or other damaqinq of existinq veqetation;
d. the use will be conducted in violation of Land Development
Code or any other County codes;
e, the use will not have sufficient areas. available on private
lands. for parkinq to accommodate the extra seatinq as
required bv subsection 4,05.04 G. of the Code;
l in the case of a special event that has been previouslv
held at the facilitv. the operator has not demonstrated
compliance with permit conditions or with any previous
permit. includinq without limitation. siqnaqe restrictions; or
a. the lavout does not complv with the provisions of the Life
Safety Code.
C. Suspension of permit
.L The approval of an outdoor servinq area permit is temporary at all
times, An outdoor servinq area permit may be suspended bv the
County Manaqer or desiqnee upon a findinq that one or more
conditions of this section have been violated. or bv the issuance of
a findinq of violation of the Noise Ordinance.
2. The suspension order shall be in writinq. settinq forth specific
reasons and providinq an effective date. The suspension shall
remain in effect until such time as a public hearinq is conducted bv
the Board of County Commissioners to revoke the permit or lift the
suspension.
D. Operatinq Requlations
1, No owner/manaqer shall operate or permit the occupancy of any
outdoor servinq area that is located within 1.000 feet of any lands
with a residential or estates zoninq desiqnation or which is used
for residential purposes durinq the followinq times.
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Sunday throuqh Thursdav
11 :00 pm. - 11 :00 a.m.
Fridav throuqh Saturday
12:00 a.m. - 11 :00 a.m.
2, Everv owner/operator shall at all times post in all outdoor servinq
areas. in a location which is visible to all patrons. a notice
provided bv the County. notifvinq the patrons of the requirements
of this permit.
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10.02.03 Submittal Requirements For Site Development Plans
A. Generally,
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4. Site development and site improvement plan standards. The County
Manager or his designee shall review and consider all site improvement
and site development plans in accordance with the following standards:
a. Statements regarding ownership and control of the property and
the development as well as sufficiency of conditions regarding
ownership and control, use and permanent maintenance of
common open space, common facilities,
conservation/preservation areas, or common lands to ensure the
preservation of such lands and facilities will not become a future
liability of the county.
b. Development compliance with all appropriate zoning regulations
and the growth management plan, The ingress and egress to the
proposed development and its improvements, vehicular and
pedestrian safety, separation of vehicular traffic from pedestrian
and other traffic, traffic flow and control, traffic calming devices,
provision of services and servicing of utilities and refuse collection,
and access in the case of fire or catastrophe. or other emergency.
Notwithstanding the requirement to comply with the foregoing
provisions, the depiction on a PUD master plan or description of
access or location of access points in a PUD ordinance, does not
authorize or vest access to the major road system. The location,
design, capacity, or routing of traffic for any specific access point
will be determined by, and must comply with, the regulations for
site development in effect at the time of site development plan
approval.
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c. The location and relationship of parking and loading facilities to
thoroughfares and internal traffic patterns within the proposed
development, considering vehicular and pedestrian safety, traffic
flow and control, access in case of fire or catastrophe, screening
and landscaping.
d, Adequacy of recreational facilities and open spaces considering
the size, location, and development of these areas with regard to
adequacy, effect on adjacent and nearby properties as well as
uses within the proposed development, and the relationship to
community-wide open spaces and recreation facilities,
e. Adequacy of the proposed landscape screens and buffers
considering preservation of the development's internal land uses
as well as compatibility with adjacent land uses.
f. Water management master plan on the property, considering its
effect on adjacent and nearby properties and the consequences of
such water management master plan on overall county capacities.
Water management areas shall be required to be maintained in
perpetuity according to the approved plans, Water management
areas not maintained shall be corrected according to approved
plans within 30 days. The engineer of record, prior to final
acceptance, shall provide documentation from the stormwater
maintenance entity; indicating that said entity has been provided
information on how the stormwater systems functions and
indicating responsibility for maintenance of the system.
g. Adequacy of utility service, considering hook-in location and
availability and capacity for the uses projected,
h. Signage proposed for the project in conformity with section
5.06,00, and a unified sign permit shall be applied for with the
submittal packet for the site development or site improvement
plan.
i. Architectural design of the building for all commercial
developments located in any commercial zoning district.
i. Outdoor servinQ areas shall be explicitlv detailed on the site plan,
showinQ lavout of chairs, tables. benches, bars and other servinQ
area features as may be requested. The plan shall c1earlv
indicate that the location is unenclosed and provide information on
hours of operation, whether or not live performance
music/amplified sound will be provided as entertainment and the
approximate distances of all adiacent residential zoninQ districts or
residential uses within 2500 feet of the location,
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development. the installation of sound attenuation devices.
limitations to hours of ooeration and further restrictions on
outdoor entertainment and amplified sound which, in their
professional iudqment. will help to mitigate the impacts of
the outdoor serving area on adiacent residential zoninQ
districts and or residential use.
ii. Within 30 days from an applicant's first desiqnation of the
use in a site development plan. it shall be within the
discretion of the County Manaqer or desiqnee to deny
approval of such site development plan if. in the
professional iudqment of the County Manager or deSignee.
such use is believed to be not compatible with or has the
potential to cause a deleterious effect upon an adiacent
residential use.
iii. Notice of such denial shall be promptly mailed to the
applicant for the site development plan. Applicant and
staff will meet at their earliest convenience to discuss and
attempt to resolve the compatibility issues. which can
include. but is not limited to. movinQ the questioned use to
another location within the development.
iv. Should the parties be unable to reach a solution. the
matter will be promptly referred to the Collier County
Planning Commission. At a publicly noticed hearinq, the
Planninq Commission will review the proposed use make a
findinq as to (1) whether the proposed use was intended
for this site. and (2) whether such use can be made
compatible with the adiacent residential zoninq districts
and/or uses throuqh the imposition of certain conditions or
restrictions, includinq but not limited to locatinq the use to
another location within the development. additional
bufferinq. sound attenuation devices. limitations to hours
of operation. requirement of a vestibule. walls. and
relocation of dumpsters,
v. Should either the County or the applicant be unwillinQ to
abide with the findinqs and recommendations of the
Planninq Commission. the matter will then be forwarded to
the Board of County Commissioners for a public hearinq,
to be conducted in the same manner as LOC Section
10.08.00. except that for notice purposes 10 days prior
notice by publication will be sufficient.
t]s. Such other standards as may be imposed by this Code, the
growth management plan or other applicable regulations for the
particular use or activity proposed,
5. Conceptual site development plan review and approval. At the request of
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the applicant and subject to the applicable fee set forth in the schedule of
fees, planning services department will complete a conceptual review and
issue a written summary of issues of concern and conceptual approval.
This conceptual approval shall not mean that the project has received
final approval, it shall only indicate that the project is in substantial
compliance with the requirements of the Code and may be approved
subject to further review, changes and modifications.
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LDC Amendment Request
ORIGIN: CDES
AUTHOR: staff
DEPARTMENT:
Zoning & Land Development Review
AMENDMENT CYCLE: Cycle 2, 2007
LDC PAGE: LDC5:103-104
LDC SECTlON(S): 5.06.02 Permitted Signs
CHANGE: To add a provision to the sign code to allow the installation of off-premises
open house directional signs no closer than 10 feet from the edge of the pavement in the
right-of-way, excluding county, state and private medians. The signs will be allowed
only between the hours of 10:00 a.m. to 5 :00 p.m. on the day of a supervised open house.
The signs must list the name of the real estate brokerage firm or owner, if by owner, and
a phone number where they can be reached.
REASON: The current sign code prohibits signs in the right-of-way, Small open
house signs (no larger than 4 square feet) are currently allowed to be posted on the
subject property; however, not permitted oft:premises. The County desires to assist the
real estate industry by allowing a one-day exemption from the prohibition of signs in
public rights-of-way to allow a maximum of 3 oft:premises opens house signs with
address and directional information. Open house signs not removed by 5:05 p.m. will be
confiscated and the entity responsible for any violation of the requirements may be
penalized.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: 5.06.05
GROWTH MANAGEMENT PLAN IMPACT: None.
OTHER NOTESNERSION DATE: Created November 1,2007. Revised December 2
and December 10,2007.
Amend the LDC as follows:
5.06.02 Permitted Signs
A. Signs within residential zoned districts and as applicable to residential
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designated portions of PUD zoned properties.
1, Development standards,
a. Maximum allowable height. All signs within residential zoned
districts and as applicable to residential designated portions of
PUD zoned properties are limited to a maximum height of eight
feet, or as provided within this Code, Height shall be measured
from the lowest centerline grade of the nearest public or private
R.O,W. or easement to the uppermost portion of the sign
structure.
b. Minimum setback. All signs within residential zoned districts and
as applicable to residentially designated portions of PUD zoned
properties shall not be located closer than ten feet from the
property line, unless otherwise noted below or as provided for in
section 1.04.04 C. as determined by the county for safety and
operation.
2. Real estate signs, The following signs classified as real estate signs shall
be permitted in residential districts subject to the following,
a, One ground sign with a maximum height of six feet or wall "For
Sale," For Rent," or similar sign, with a maximum of four square
feet in size, per street frontage for each parcel, or lot less than
one acre in size. Said sign shall be located no closer than ten feet
from any adjacent residentially used property and may be placed
up to the property line abutting a right-of-way, provided it is a
minimum of ten feet from the edge of pavement (No building
permit required.)
b. One ground sign with a maximum height of eight feet or wall "For
Sale," "For Rent," or similar sign, with a maximum of 12 square
feet in size, per street frontage for each parcel, or lot one to ten
acres in size. (No building permit required.)
c One pole sign with a maximum height of 15 feet or wall "For Sale,"
"For Rent," or similar sign, with a maximum of 64 square feet in
size, per street frontage for each parcel or lot in excess of ten
acres in size. (Buildinq permit required.)
d. Real estate signs shall not be located closer than ten feet from
any property line. In the case of undeveloped parcels where the
existing vegetation may not allow the location of the sign ten feet
from the property line, the County Manager or his designee may
allow a reduction in the amount of the required setback however,
in no case shall said sign be located closer than five feet from any
property line unless authorized by the board of zoning appeals
through the variance process.
e. Real estate signs shall be removed when an applicable temporary
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use permit has expired, or within seven days of any of the
following conditions: ownership has changed; the property is no
longer for sale; rent or lease; or, the model home is no longer
being used as a model home,
f. A sign advertising that a property has been sold or leased shall
not be displayed for more than 14 days after it is erected.
3. Temoorarv Ooen House Signs,
a. Off-oremises ooen house sians.
Hi L Off ~remises open hOllse Ssigns mav onlv be disolaved
on suoervised ooen house days. between the hours of
10:00 a.m. and 5:00 o,m. No flaas. oennants, balloons. or
other attention type devices may be used with such sians
and they shall not be liahted or illuminated in any manner.
i iL One off premises open hOllse sign may be placed in the
public right-at-way abuttina the subiect property no
closer than 10 feet from the edae of pavement the road.
The sign shall be allowed only between the hOllrc sf 10:00
3,m. and 5:90 p.m, on the day of 3 sllpervised open hOllse.
(No building or riaht-at-way permit reauired,)
ii liL Two temporary open house sians may be placed within
the public riaht-at-way providina direction to a supervised
open house that is available for immediate viewina and
examination by prospective buyers, renters. and/or
lessees. Such siqns shall be located no closer than 100
feet from another temporary open hOllse siqn orovidina
direction, (No buildina or riqht-at-way permit reauired.)
i'L Off premises open house sSians shall not exceed 4
sauare feet in COpy area and 4 feet in heiaht; however, any
such siqn placed at an intersection may not exceed 29
inches in heiaht as per section 6.05.05 of this Code.
v. Off pr.emises open house Siqns may be placed in the
riaht-at-way no closer than 10 feet from the edae of
pavement the road and shall not interfere with the visibility
of pedestrians or motorists. Additionally, signs shall not
be located within any median.
vi. Each off premises open hOllse sian must bear the name of
the real estate brokeraae firm. or the property owner's
name if by owner. and the local telephone number where
they ca n be contacted,
vii. Sian Removal. Retrieval, and Disposal. Off-premises open
house sians shall be prohibited except as specified above.
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Any such sian found to be in violation of this section shall
be removed by the County Manaaer or desianee All such
removed sians are subiect to disposal by the County. This
section shall not inhibit nor prevent any other enforcement
actions that may be deemed appropriate.
J 1. Model home signs, One on-premises sign for model homes, approved in
conjunction with a temporary use permit in any zoning district not to
exceed 8 feet in height and 32 square feet in size, Model home sign copy
shall be limited to the model name, builder's name, name and address,
phone number, price, logo, and model home. Model home signs shall not
be illuminated in any manner. (No building permit required.)
4 Q. Construction signs. All supports for such signs shall be securely built,
constructed, and erected and shall be located on the site under
construction, subject to the following:
a. One ground sign with a maximum height of six feet or wall sign,
with a maximum of four square feet in size, may be used as a
construction sign by the general contractor of the development or
as a permit board, within each front yard for each parcel less
than one acre in size. (No building permit required,)
b. One ground sign with a maximum height of eight feet or wall sign,
with a maximum of 12 square feet in size, may be used as a
construction sign by the general contractor of the development or
as a permit board, within each front yard for each parcel one to
ten acres in size, (No building permit required.)
c. One pole sign with a maximum height of 15 feet or wall sign, with
a maximum of 64 square feet in size, may be used as a
construction sign by the general contractor of the development or
as a permit board, within each front yard for each parcel in
excess of ten acres in size.
d. One ground or wall sign, with a maximum of four square feet in
size, may be used as a construction sign by each contractor,
lending institution, or other similar company involved with the
development, regardless of parcel size. (No building permit
required.)
e, Advertising of any kind is not permitted on construction signs.
e Q. Residential directional or identification signs, Directional or identification
signs no greater than four square feet in size, and located internal to the
subdivision or development may be allowed subject to the approval of the
County Manager or his designee, or his designee, Such signs shall only
be used to identify the location or direction of approved uses such as
models or model sales centers, club house, recreational areas, etc,
These signs may be clustered together to constitute a sign with a
maximum area of 24 square feet and a maximum height of eight feet.
Such clustered signs shall require a building permit. For signage to be
located along the Golden Gate Parkway see section 2,03.07.
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9 Z. On-premises signs within residential districts. Two ground signs with a
maximum height of eight feet or wall residential entrance or gate signs
may be located at each entrance to a multi-family, single-family, mobile
home or recreational vehicle park subject to the following requirements:
a. Such signs shall contain only the name of the subdivision, the
insignia or motto of the development and shall not contain
promotional or sales material. Said signs shall maintain a ten-foot
setback from any property line unless placed on a fence or wall
subject to the restriction set forth in section 5.03.02. Furthermore,
bridge signs located on private bridges directly leading to private
communities shall not be considered off-premise signs. Bridge
signs complying with the requirements of section 5.06.02 may be
substituted for ground or wall signs in residential districts.
b. The ground or wall signs shall not exceed a combined area of 64
square feet, and shall not exceed the height or length of the wall
or gate upon which it is located,
c. Logos without any verbal content and similar architectural features
less than ten square feet in area not containing any letters or
numbers shall not be considered signs and shall be allowed
throughout the development. However, should such architectural
embellishments be located closer than ten feet to any sign, then it
should be considered an integral part of the sign and shall be
subject to the restrictions of this section.
+- ~, Conditional uses within the residential and agricultural districts.
a. Conditional uses within the residential district are permitted one
wall sign with a maximum of 32 square feet. Corner lots are
permitted two such wall signs.
b, Conditional uses within the agricultural district in the urban area,
residential and estates districts with a street frontage of 150 feet
or more and a land area of 43,560 square feet or larger are
permitted a ground sign with a maximum height of eight feet and a
maximum area of 32 square feet.
c. Bulletin boards and identification signs for public, charitable,
educational or religious institutions located on the premises of said
institutions and not exceeding 12 square feet in size. (No building
permit required.)
d. The board of county commissioners may approve additional
signage as may be deemed appropriate during the
conditional use approval process.
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5.06.05
Signs Exempt From These Regulations
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H. OnD on wemisDs SigA not to exceed four square feet in size. Such SigA
shall not be located within ten feot of any property line, right of way or
easemeAt. Temporary open house siqns (see subsection 5.06.02 A. 3.).
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LDC Amendment Request
ORIGIN: Code Enforcement
AUTHOR: Michelle Arnold
DEPARTMENT:
Code Enforcement
AMENDMENT CYCLE: Cycle 2, 2007
LDC PAGE: LDC5:l20
LDC SECTION(S): 5.06.06 Prohibited Signs
CHANGE: I) Correct reference code found in 5.06.06 Prohibited Signs to sections in
5.06.04 Sign Standards for Specific Situations, created by previous amendments. 2) In
addition, to add an exemption to the prohibited sign section for county transit vehicles
and government vehicles providing public information.
REASON: I) Previous LDC amendments have created the need to change reference
quotes within the sign code. 5.06.06 prohibits certain signs and references sections of the
code that have changed within 5.06.04.
2) As a result of the review of the sign code for pending litigation regarding signage on a
vehicle with moving copy, an issue regarding vehicle signage was identified. Staff's
review revealed that there was no exemption noted in the Code for the County Transit
System,
The current sign code includes an exclusion from the prohibition of signs mounted on
vehicles for emergency vehicles. The County transit buses have digital signage that
provides information to the public identifying the next destination; which is a benefit to
those who use this mode of transportation. The benefit to the public warrants its
exclusion from this prohibition. In addition, it is being recommended that the exclusion
apply to situations such as the use of government vehicles for public information in the
case of an emergency event.
FISCAL & OPERATIONAL IMPACTS: Minimal.
RELATED CODES OR REGULATIONS: 5.06.04
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE: September 20,2007
Amend the LDC as follows:
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5.06.06 Prohibited Signs
It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained,
any sign not expressly authorized by, or exempted from this Code, The following signs
are expressly prohibited:
A. Signs which are in violation of the building code or electrical code
adopted by Collier County.
B. Abandoned signs,
C. Animated or activated signs, except special purpose time and
temperature signs and barber pole signs complying with section 5.06,04
C.4-211.a.1!
D. Flashing signs or electronic reader boards,
E. Rotating signs or displays, except barber pole signs complying with
section 5.06,04 C.4-213.b,
F. Illuminated signs in any residentially zoned or used district, except
residential identification signs, residential nameplates, and street signs
that are illuminated by soft or muted light. Nonresidential uses within
residentially used or zoned districts by conditional use, PUD ordinance, or
as otherwise provided for within the land development code, shall be
allowed the use of illuminated signs, subject to the approval of the
community services administrator or his designee.
G. Signs located upon, within, or otherwise encroaching upon county or
public rights-of-way , except as may be permitted under the provisions
of Ordinance [No.] 82-91, as amended, and those erected by a
governmental agency or required to be erected by a governmental
agency,
H. Billboards.
I. Strip lighted signs.
J, Neon type signs, except non-exposed neon signs covered with an
opaque or translucent shield which will prevent radiation of direct light,
within all commercial and industrial districts,
K. Roof signs,
L, Portable signs.
M. Signs which resemble any official sign or marker erected by any
governmental agency, or which by reason of position, shade or color,
would conflict with the proper function of any traffic sign or signal, or be of
a size, location, movement, content, color, or illumination which may be
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reasonably confused with or construed as, or conceal, a traffic control
device,
State law references: Display of unauthorized traffic signs, signals or
markings, F,S. ~ 316.077.
N. Signs, commonly referred to as snipe signs, made of any material
whatsoever and attached in any way to a utility pole, tree, fence post,
stake, stick or any other object located or situated on public or private
property, except as otherwise expressly allowed by, or exempted from
this Code.
o. Wind signs (except where permitted as part of this section of this Code).
P. Any sign which is located adjacent to a county right-of-way within the
unincorporated areas of the county which sign was erected, operated or
maintained without the permit required by section 10.02.06 having been
issued by the County Manager or his designee shall be removed as
provided in this section 5,06.06. Such signs shall include but are not
limited to structural signs, freestanding signs, [and] signs attached or
affixed to structures or other objects.
Q. Any description or representation, in whatever form, of nudity, sexual
conduct, or sexual excitement, when it:
1. Is patently offensive to contemporary standards in the adult
community as a whole with respect to what is suitable sexual
material for minors; and
2. Taken as a whole, lacks serious literary, artistic, political, or
scientific value.
R. Beacon lights.
S. Any sign which emits audible sound, vapor, smoke, or gaseous matter.
T. Any sign which obstructs, conceals, hides, or otherwise obscures from
view any official traffic or government sign, signal, or device.
U, Any sign which employs motion, has visible moving parts, or gives the
illusion of motion (excluding time and temperature signs).
v. Any sign which is erected or maintained so as to obstruct any firefighting
equipment, window, door, or opening used as a means of ingress or
egress for fire escape purposes including any opening required for proper
light and ventilation.
W, Any sign which constitutes a traffic hazard, or detriment to traffic safety by
reason of its size, location, movement, content, coloring, or method of
illumination, or by obstructing or distracting the vision of drivers or
pedestrians.
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x. Signs mounted on a vehicle, be it the roof, hood, trunk, bed, and so on,
where said sign is intended to attract or may distract the attention of
motorists for the purpose of advertising a business, product, service, or
the like, whether or not said vehicle is parked, or driven, excluding
emergency vehicles, county transit vehicles providinq directional or route
information, taxi cabs, and delivery vehicles, where a roof mounted sign
does not exceed two square feet. This section shall not apply to magnetic
type signs affixed to or signs painted on a vehicle, provided said vehicle is
used in the course of operation of a business, and which are not
otherwise prohibited by this Code, It shall be considered unlawful to park
a vehicle and/or trailer with signs painted, mounted or affixed, on site or
sites other than that at which the firm, product, or service advertised on
such signs is offered.
Y. Any sign which uses flashing or revolving lights, or contains the words
"Stop," "Look," "Danger," or any other words, phrase, symbol, or
character in such a manner as to interfere with, mislead, or confuse
vehicular traffic,
z. Any sign which advertises or publiCizes an activity not conducted on the
premises upon which the sign is maintained, except as otherwise
provided for within this Code,
AA. No sign shall be placed or permitted as a principal use on any property,
in any zoning district except as follows: U-Pic signs, political signs or
signs approved by temporary permit pursuant to the time limitations set
forth herein.
BB. Inflatable signs.
CC. Accent lighting as defined in this Code,
DD, Illuminated signs, neon or otherwise, installed inside businesses and
intended to be seen from the outside, signs that comply with the
provisions of section 5.06.05 (V) of this Code are exempt from this
section.
EE. Human directional signs. People in costumes advertising stores or
products,
FF, Attachments to signs, such as balloons and streamers.
GG. Banner signs.
HH. Pennants.
II. Bench signs,
JJ. Signs that due to brilliance of the light being emitted, it impairs vision of
passing motorist.
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KK. All signs expressly prohibited by this section and their supporting
structures, shall be removed within 30 days of notification that the sign is
prohibited by the County Manager or his designee, or, within 30 days of
the end of the amortization period contained in section 9.03.03 D. or, in
the alternative, shall be altered so that they no longer violate this section,
Billboards with an original cost of $100.00 or more, and which have been
legally permitted, shall be treated as nonconforming signs and removed
pursuant to section 9.03,03 D.
LL. The use of fluorescent colors is prohibited
(Ord, No. 04-72, 93.U)
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LDC Amendment Request
ORIGIN: CDES
AUTHOR: John Podczerwinsky
DEPARTMENT:
Transportation Services
AMENDMENT CYCLE: Cycle 2, 2007
LDC PAGE: LDC6:20-21, LDCI0:13l
LDC SECTION(S): 6.06.01 Street System Requirements
10.02.13 Planned Unit Development (PUD) Procedures
CHANGE: Insert boilerplate transportation language found in previous PUD documents
into the Land Development Code.
REASON: Under direction from the Collier Count Planning Commission, the Zoning
Department has restructured the document accompanying applications for Planned Unit
Development (PUD) approvals. The Transportation Department is requesting that
transportation standard requirements be added to the Land Development Code, so that the
Division may streamline transportation comments that heretofore were addressed as
comments within the PUD document.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: 10.02.13 Planned Unit Development
(PUD) Procedures
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE: Created on August 30, 2007. Revised on
September 5, 2007.
Amend the LDC as follows:
6.06.01 Street System Requirements
A. The arrangement, character, and location of all streets shall conform to the GMP
and shall be considered in their relation to existing and proposed streets,
topographical conditions, public convenience, safety, and in their appropriate
relation to the proposed uses of the land to be served by such streets.
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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.
C. Every subdivision or development shall have legal and adequate access to a
street dedicated for public use and which has been accepted for maintenance by
or dedicated to the State of Florida or the County, as described in Chapter 10.
When a subdivision or development does not immediately adjoin such a street,
the applicant shall provide access to the development from a dedicated street in
accordance with these regulations and provide legal documentation that access
is available to the project site. All lots within a subdivision or development shall
be provided legal access to a street dedicated for public use.
1. Nothinq in anv development order (DO) shall vest a riqht of access in
excess of a right-in/riqht-out condition at anv access point. Neither shall
the existence of a point of ingress. a point of eqress, or a median
openinq. nor lack thereof. be the basis for anv future cause of action for
damaqes aqainst the County by the developer. its successor in title. or
assignee. Collier County reserves the riqht to close any median openinq
existing at any time which is found to be adverse to the health. safety and
welfare of the public. Any such modification shall be based on. but not
limited to, safety. operational circulation and roadway capacity.
2. Access points shown on a PUD Master Plan are considered to be
conceptual. The number of access points constructed may be less than
the number depicted on the Master Plan; however. no additional access
points shall be considered unless a PUD amendment is approved.
3.
D. The arrangement of streets in subdivisions or developments may be required
to make provision for the continuation of existing or proposed collector or
arterial streets to and from adjoining properties, whether developed or
undeveloped, and for their proper projection to ensure a coordinated and
integrated street system per requirements of the GMP, this LDC, or other
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ordinances and regulations. Where a subdivision or development abuts an
existing or proposed public arterial or collector street, buffering shall be
required per Chapter 4.
E. Rural type roadway cross-sections shall only be considered for permitting on a
case-by-case basis. The design of a rural cross-section and its required right-of-
way width shall be based on the drainage characteristics of the required swale
section and the relationship of the maximum stormwater flow line to the bottom of
the subbase course of the roadway. A detailed design report documenting these
considerations shall be submitted for review and approval by the County
Manager or designee prior to the approval of a rural roadway cross-section.
F. All public and private streets requiring a design capacity which exceeds the
roadway cross-sections established herein for a minor collector shall be
coordinated by the County Manger or designee prior to the approval of the
project's improvement plans and final subdivision plat.
G. Use of local streets by cut-through traffic shall be discouraged, using methods
(like traffic calming) that do not compromise connectivity or reduce the number of
access points to the subdivision.
H, As applicable, the installation of turn lanes, storage lanes, deceleration lanes,
parallel service lanes, or any other traffic control improvements necessary to
provide safe internal movements or ingress and egress from the subdivision or
development to any existing or proposed street or highway shall be required.
1. If. in the sole opinion of Collier County, traffic sianal(s). other traffic
control device, sian, pavement markina improvement within a public riaht
of way or easement. or site related improvements (as opposed to system
related improvements). necessarv for safe inqress or eqress to the
proiect. is determined to be necessary. the cost of such improvement
shall be the responsibility of the developer, successor(s) or assiqns. The
improvements shall be paid for or installed, at the County's discretion.
prior to the appropriate correspondina certificate of occupancy (CO).
2, All traffic control devices, siqns, pavement markinq and desiqn criteria
shall be in accordance with the Florida Department of Transportation
(FDOT) Manual of Uniform Minimum Standards (MUMS), current edition.
FDOT Desiqn Standards, current edition and the Manual On Uniform
Traffic Control Devices (MUTCD), current edition.
3, If any required turn lane improvement requires the use of existinq County
riahts of way or easement(s). then compensatinq riaht of way shall be
provided at no cost to Collier County as a consequence of such
improvementis) upon final approval of the turn lane desiqn durinq the first
subsequent development order. The typical cross section may not differ
from the existina roadway without written approval of the Transportation
Division Administrator or desianee,
I. Alleys may be provided in industrial, commercial, and residential subdivisions.
Alleys may be for one-way or two-way traffic. alleys for one-way traffic only shall
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have the appropriate directional and instruction signage installed. Alleys shall be
utilized for secondary access unless otherwise provided in this LDC.
1, Industrial, commercial, and residential alleys along the rear lot lines shall
have an alley easement at least twenty-four (24) feet wide containing
a vehicular pavement width of at least ten (10) feet.
2. The alley edge of pavement-radius shall be a minimum of fifteen (15) feet
and shall be designed for the appropriate design vehicle.
3. Alley grades shall not exceed five (5) percent or be less than 0.3 percent.
4. All alleys created shall be owned and maintained by a property owners'
association or other similar entity and shall be so dedicated on the final
plat.
J. Dead-end streets shall be prohibited except when designed as a cul-de-sac
When a street is designed to be extended when the adjacent property is
developed, a temporary cul-de-sac and right-of-way shall be designed. Culs-de-
sac in excess of 1,000 feet shall not be permitted unless existing topographical
conditions or other natural features preclude a street layout to avoid longer culs-
de-sac. When conflicts occur between the design standards of this section and
Ordinance No, 86-54, the County Fire Protection Code, or its successor
ordinance [see Code ch. 58, art. III], the standards of this section shall take
precedence.
K. Where a subdivision or development abuts or contains existing limited access
highway, freeway, or arterial street, and if access is desired to adjoining
property other than street connections, a marginal access street to afford
separation of through and local traffic may be required by the County Manager or
designee.
L. Half or partial streets shall not be permitted except where essential to the
reasonable development of a property in conformance with the circulation plan,
the GMP, or the LDC, and, where, in addition, dedication of the remaining part of
the required street right-of-way is provided. Whenever a property to be
developed borders on an existing half or partial street, the other part of the street
shall be required to be dedicated and constructed within such property. A
proposed development or subdivision that adjoins or includes an existing street
which does not conform to the minimum right-of-way requirements of these
regulations shall provide for the dedication of additional right-of-way along either
one (1) or both sides of said street so that the minimum right-of-way
requirements of these regulations shall be established.
M. Limited access strips controlling access to streets on adjacent parcels shall be
prohibited except where approved by the County Manager or designee pursuant
to Chapter 10.
N, Where a subdivision or development includes or requires access across canals,
watercourses, lakes, streams, waterways, channels, or the like, bridges or
culverts shall be provided to implement the proposed street system.
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0, The minimum right-of-way widths to be utilized shall be as follows and, where
applicable, shall be classified by the cross-sections contained in Appendix B, and
will be directly related to traffic volume as indicated in the definition of each street
contained herein and, where applicable, clarified by the cross-sections contained
in Appendix B, Private street right-of-way widths and design may be determined
on a case-by-case basis in accordance with Chapter 10. In the event that the
applicant does not apply for a preliminary subdivision plat, the applicants
engineer may request that the County Manager or his designee approve an
alternate private right-of-way cross-section. The request shall be in writing and
accompanied with documentation and justification for the alternate section based
on sound engineering principals and practices.
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LDC Amendment Request
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Carolina Valera, Principal Planner
DEPARTMENT:
Comprehensive Planning
AMENDMENT CYCLE: Cycle 2, 2007
LDC PAGE: LDC1:18
LDC SECTION(S): 1.08.02
CHANGE: Add "stewardship receiving area" into definition of "development order".
REASON: "Stewardship receiving area (SRA)" was never added to the definition of
"development order" after the adoption of the Rural Land Stewardship Area zoning
overlay into the Land Development Code.
FISCAL & OPERATIONAL IMPACTS: N/A
RELATED CODES OR REGULATIONS: Rural Land Stewardship Area Overlay
within the Future Land Use Element of the Growth Management Plan.
GROWTH MANAGEMENT PLAN IMPACT: N/A
OTHER NOTESNERSION DATE: August 30, 2007
Amend the LDC as follows:
1.08.02 Definitions
.
.
.
.
.
.
.
.
.
.
.
.
Development order: Any order, permit, determination, or action granting, denying,
or granting with conditions an application for any final local development order, building
permit, temporary use permit, temporary construction and development permit, sign
permit, well permit, spot survey, electrical permit, plumbing permit, occupational license,
boat dock permit, HVAC permit, septic tank permit, right-of-way permit, blasting permit,
excavation permit, construction approval for infrastructure (including water, sewer,
grading, and paving), approved development of regional impact (DRI), zoning ordinance
amendment, comprehensive plan amendment, flood variance, coastal construction
control line variance, vegetation removal permits, agricultural clearing permits, site
development plan approval, subdivision approval (including plats, plans, variances, and
amendments), rezoning, PUD amendment, conditional use (provisional use), variance,
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stewardsnioreceiVinoarealSRA). or any other official action of Collier County having
the effect of permitting development as defined in this Code.
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LDC Amendment~ReQuest
ORIGIN: Community Development & Environmental Services Division
AUTHOR: John Kelly, Planner
DEPARTMENT:
Zoning & Land Development Review
AMENDMENT CYCLE: 2007, Cycle 2
LDC PAGE: LDC1:35
LDC SECTION(S): 1.08.02 Definitions
CHANGE: Provide accurate subsection number to definition.
REASON: Purposes of clarification and specificity.
FISCAL & OPERATIONAL IMPACTS:
None
RELATED CODES OR REGULATIONS:
None
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE: Ver. 1-08/02/2007
Amend the LDC as follows:
1.08.02 Definitions
.
.
.
.
.
.
.
.
.
.
.
.
TOR credit: A unit representing the right to increase the density or intensity of
development on a parcel, obtained through a Transfer of Development Rights. [~
2.0307 D.41
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LDC Amendment Request
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Joe Thompson, Planner
DEPARTMENT: Comprehensive Planning Department
AMENDMENT CYCLE: Cycle 2, 2007
LDC PAGE: 2:36
LDC SECTION(S): 1.08.02,2.03.07 D.4.c.
CHANGE: Adding definition for 'Redemption' and Changing various segments of
language to align with procedural terminology
REASON: Current references do not accurately describe administrative process
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: N/A
GROWTH MANAGEMENT PLAN IMPACT: None.
OTHER NOTESNERSION DATE: 8/30/07. Revised November 2,2007.
Amend the LDC as follows:
1,08.02 Definitions
*
*
*
*
*
*
*
*
*
*
*
*
Redemption: Utilization of Rural Frinqe Mixed-Use District (RFMUD) Transfer of
Development Riqhts (TDR) credit for development purposes,
* * * * * * * * * * * *
2.03.07 Overlay Zoning Districts
* * * * * * * * * * * *
D. Special Treatment Overlay "ST",
* * * * * * * * * * * *
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4, Transfer of development rights (TOR).
*
*
*
*
*
*
*
*
*
*
*
*
c. TOR credits from RFMU sending lands: General Provisions
i. Creation of TOR credits.
a) TOR credits are generated from RFMU sending
lands at a rate of 1 TOR credit per 5 acres of
RFMU Sending Land or, for those legal non-
conforming lots or parcels of less than 5 acres that
were in existence as of June 22, 1999, at a rate of
1 TOR credit per legal non-conforming lot or
parcel.
b) For lots and parcels 5 acres or larger, the number
of TOR credits generated shall be calculated using
the following formula:
# of acres x 0.2 = # of TOR credits generated.
Where the number of TOR credits thus calculated
is a fractional number, the number of TOR credits
created shall be rounded to the nearest 1/1 OOth.
ii. Creation of TOR Bonus credits. TOR Bonus credits shall
only be generated from RFMU sending land property from
which TOR credits have been severed. The three types
TOR Bonus credits are as follows:
a) Environmental Restoration and Maintenance Bonus
credits. Environmental Restoration and
Maintenance Bonus credits are generated at a rate
of 1 credit for each TOR credit severed from that
RFMU sending land for which a Restoration and
Management Plan (RMP) has been accepted by
the County. In order to be accepted, a RMP shall
satisfy the following:
1) The RMP shall include a listed species
management plan.
2) The RMP shall comply with the criteria set
forth in 3.05.08.A, and B.
3) The RMP shall provide financial assurance,
in the form of a performance surety bond or
similar financial security, that the RMP shall
remain in place and be performed, until the
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earlier of the following occurs:
a. Viable and sustainable ecological
and hydrological functionality has
been achieved on the property as
measured by the success criteria set
forth in the RMP.
b. The property is conveyed to a
County, state, or federal agency as
provided in b) below.
4) The RMP shall provide for the exotic
vegetation removal and maintenance to be
performed by an environmental contractor
acceptable to the County,
b) Conveyance Bonus credits. Conveyance Bonus
credits are generated at a rate of 1 credit for each
TOR credit severed from that RFMU sending land
that is conveyed in fee simple to a federal, state, or
local government agency as a gift. Conveyance
Bonus credits shall only be generated from those
RFMU sending land properties on which an RMP
has been accepted as provided in a) above.
c) Early Entry Bonus credits. Early Entry Bonus
credits shall be generated at a rate of 1 additional
credit for each TOR credit that is severed from
RFMU sending land for the period from March 5,
2005, until three years after the adoption of this
regulation. Early Entry Bonus credits shall cease to
be generated after the termination of this early
entry bonus period, However, Early Entry Bonus
credits may continue to be used to increase density
in RFMU and non-RFMU Receiving Lands after the
termination of the Early Entry Bonus period.
iii. Calculation of TOR Bonus credits.
a) Environmental Restoration and Maintenance Bonus credits
are calculated as follows:
# TOR credits generated from property
subject to an approved RMP
% property
b) Conveyance Bonus credits are calculated as follows:
# TOR credits generated from property % property
subject to an approved RMP and conveyed as provided in
ii.b) above.
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c) Early Entry Bonus credits are calculated as follows:
# TOR credits generated within Early Entry period 1.
iv. Receipt of TOR credits or TOR Bonus credits from RFMU sending
lands. TOR credits or TOR Bonus credits from RFMU sending
lands may be redeemed transferred into Urban Areas, the Urban
Residential Fringe, and RFMU receiving lands, as provided in
Sections 2.QJ.07.(4)(d) and (0) subsections 2.03.07 4.d and e
below.
v. Prohibition on redemption trane:fer of fractional TOR credits and
TOR Bonus credits. While fractional TOR credits and TOR Bonus
credits may be created, as provided in (ii) above, TOR credits and
TOR Bonus credits may only be redeemed tmne:ferrod from RFMU
sendin~ lands in increments of whole, not fractional, dwelling
units. Consequently, fractional TOR credits and fractional TOR
Bonus credits must be aggregated to form whole units, before
they can be utilized to increase density in either non-RFMU
Receiving Areas or RFMU Receiving lands.
vi. Prohibition on severance transfer of development rights.
a) Neither TOR credits nor TOR Early Entry Bonus credits
shall be generated from RFMU sending lands where a
conservation easement or other similar development
restriction prohibits the residential development of such
property, with the exception of those TOR Early Entry
Bonus credits associated with TOR credits severed from
March 5, 2004, until [the effective date of this provision].
Environmental Restoration and Maintenance Bonus credits
and Conveyance Bonus credits may only be generated
from those RFMU sending lands where a conservation
easement or other similar development restriction on
development was imposed in conjunction with the
severance of TOR credits.
b) Neither TOR credits nor any TOR Bonus credits shall be
generated from RFMU sending lands that were cleared for
agricultural operations after June 19, 2002, for a period of
twenty-five (25) years after such clearing occurs.
d. Redemption Transfer of TORs development ri~hts fram RFMU
sending lands into non-rfmu receiving areas.
i. Redemption Transfers into urban areas.
a) Maximum density increase. In order to encourage
residential in-fill in urban areas of existing
development outside of the Coastal High Hazard
Area, a maximum of 3 residential dwelling units
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per gross acre may be requested through a rezone
petition for projects qualifying under this residential
infill provisions of the Future Land Use Element
density Rating System, subject to the applicable
provisions of Chapters 2 and 9 of this Code, and
the following conditions:
i) The project is 20 acres or less in size;
ii) At time of development, the project will be
served by central public water and sewer;
il) The property in question has no common
site development plan in common with
adjacent property;
iv) There is no common ownership with any
adjacent parcels; and
v) The parcel in question was not created to
take advantage of the in-fill residential
density bonus and was created prior to the
adoption of this provision in the Growth
Management Plan on January 10, 1989.
vi) Of the maximum 3 additional units, one (1)
dwelling unit per acre shall be derived
tr:lnsferred from RFMU sending lands and
redeemed at Site Plan or prior to Plat
recordation.
b) Developments which meet the residential infill
conditions i) through v) above may increase the
base density administratively through a Site
development Plan or Plat approval by a maximum
of one dwelling unit per acre by redeeminq
tr:lnsferrin@ that additional density derived from
RFMU district Sending Lands.
ii. Redemptions Transfers into the urban rosisential frin@e,
Urban Residential Fringe shall be permitted exclusivelv
throuqh the use of TDR credits and TOR Bonus credits
derived may be transforres from RFMU sending lands
located within one mile of the Urban Boundary inla lanss
sosi@nates Urban Resisontial Frin@e to increase density
by a maximum of 1.0 dwelling units per acre, allowing for
a density increase from the existing allowable base
density of 1.5 dwelling units per acre to a maximum of 2.5
dwelling unit! per gross acre.
e. Redemption Transfers fram RFMU sending lands into RFMU
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receiving lands.
i. Maximum density on RFMU receiving lands when TOR
credits are redeemed IranBfurrod from RFMU sending
1amIs.
a) The base residential density allowable shall be as
provided in sections 2.03,08 A.2.a.(2)(a) and
2.03,08 A.2.b.(3)(a).
b) The density achievable through the redemption
transfer of TOR credits and TOR Bonus credits
into RFMU receiving lands shall be as provided for
in section 2.03,08 A.2.a.(2)(b)(i) outside of rural
villages and sections 2,03.08 A.2.b.(3)(b) and
2,03.08 A.2.b,(3)(c)(i) inside of rural villages.
ii. Remainder uses after TOR credits are severed from RFMU
sending lands. Where development rights have been
severed from RFMU district Sending Lands, such lands
may be retained in private ownership and may be used as
set forth in section 2.03,08 A.4.b.
f, Procedures applicable to the severance and redemption tram;fer
of TOR credits and the generation of TOR Bonus credits from
RFMU sending lands.
i. General. Those developments that utilize such TOR
credits or TOR Bonus credits are subject to all applicable
permitting and approval requirements of this Code,
including but not limited to those applicable to site
development plans, plat approvals, PUOs, and ORis.
a) The severance of TOR credits and the generation
of Early Entry Bonus credits from RFMU sending
lands does not require further approval of the
County if the County determines that information
demonstrating compliance with all of the criteria set
forth in ii.a) below has been submitted, However,
those developments that utilize such TOR credits
and Early Entry Bonus credits are subject to all
applicable permitting and approval requirements of
this Code, including but not limited to those
applicable to site development plans, plat
approvals, PUOs, and ORis.
b) The generation of Environmental Restoration and
Maintenance Bonus credits and Conveyance
Bonus credits requires acceptance by the County
of a RMP.
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II. County maintaines central TOR registry. In orser to
facilitate the County's monitoring ans regulation of the TOR
Program, the County shall serve as the central registry for
of all TOR severances. transfers (sales) ans resemptions
credit ans TOR 8eRllS credits purchases, sales, ans
tram;fers, as well as maintain a public central listing of TOR
credits ans TOR 8enlls credits available for sale aflG
alonq with a listinq of purchasers seeking TOR credits Elf
TOR 8enllS credits. No TOR credit ans TOR 8enlls
Gredit generates from RFMU sending lands may be
utilizes to increase sensity in any area unless the following
procesures are complies with in full,
a) TOR credits shall not be uses to increase density
in either non-RFMU Receiving Areas or RFMU
receiving lands until severes from RFMU sending
lands. TOR credits shall be seemes to be severes
from RFMU sending lands at such time as a TOR
credit Certificate is obtaines from the County aflG
recorses. TOR credit Certificates shall be issues
only by the County ans upon submission of the
following:
i) a legal sescription of the property from
which the RFMU TOR credits originates,
inclusing the total acreage;
ii) a title search, or other evidence sufficient to
establish that, prior to the severance of the
TOR credits from RFMU sending lands,
such sending lands were not subject to a
conservation restriction or any other
development restriction that prohibited
residential development;
iii) an executed Limitation of Development
Riqhts Aqreement legal instrument,
prepared in accord with the form provided
by the County, that limits the allowable uses
on the property after the severance of TOR
credits as set forth in section 2.03.08
A4.b.; and
iv) a statement identifying the price, or value of
other remuneration, paid to the owner of the
RFMU sending lands from which the TOR
credits were generated and that the value
of any such remuneration is at least
$25,000 per TOR credit, unless such owner
retains ownership of the TOR credits after
they are severed, unless the RFMU or non-
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RFMU receiving lands on which the TOR
credits will be redeemed utilizea and the
RFMU sending lands from which the TOR
credits were generated are owned by the
same persons or entities or affiliated
persons or entities; and
v) a statement attesting that the TOR credits
are not being severed from RFMU sending
lands in violation of subsection
2.03.07(D)(1)(c)(iv)(b) DA.c.vLb) of this the
Code,
vi) documented evidence that, if the property
from which TDRs are being severed is
subject to a mortgage, lien, or any other
security interest; the mortgagee, lien holder,
or holder of the security interest has
consented to the recordation of the
Limitation of Development Riahts
Aareement conservation easement required
for TDR severance ; transfer (sale) of TDR
credit; and redemption of TOR credit.
b) TOR Bonus credits shall not be used to increase
density in either non-RFMU receiving areas or
RFMU receiving lands until a TOR credit
certificate reflecting the TOR Bonus credits is
obtained from the County ana rocoraoa.
1) Early Entry Bonus credits. All TOR credit
certificates issued by the County for the
period from the effective date of this
provision until three years after such
effective date shall include one Early Entry
Bonus credit or fractional Early Entry
Bonus credit or each TOR credit or
fractional TOR credit reflected on the TOR
credit certificate. Where TOR credits were
severed from March 5, 2004, until the
effective date of this provision, the County
shall, upon receipt of a copy of the TOR
credit certificate reflecting those previously
severed TOR credits, issue a TOR credit
certificate entitling Early Entry Bonus
credits equal in number to the previously
severed TOR credits,
2)
Environmental
Maintenance
certificate
Restoration and
Bonus credit. A TOR
reflecting Environmental
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Restoration and Maintenance Bonus
credits shall not be issued until the County
has accepted a RMP for the sending lands
from which the Environmental Restoration
and Maintenance Bonus credit is being
generated. Any sending lands from which
TOR credits have been severed may also
be used for mitigation programs and
associated mitigation activities and uses in
conjunction with any county, state or federal
permitting, Where the Environmental
Restoration and Maintenance Credit is
applied for sending lands that are also being
used (title or easement) for mitigation for
permits or approvals from the U.S. Army
Corps of Engineers, U. S, Fish and Wildlife
Service, Florida Department of
Environmental Protection, Florida Fish and
Wildlife Conservation Commission, or the
South Florida Water Management District,
the County shall accept as the RMP for the
sending mitigation lands, the restoration
and/or maintenance requirements of permits
issued by any of the foregoing
governmental agencies for said lands.
3) Conveyance Bonus credit. A TOR
certificate reflecting Conveyance Bonus
credits shall not be issued until the County
has accepted a RMP for the Sending Lands
from which the Conveyance Bonus credit
is being generated and such sending lands
have been conveyed, in fee simple, to a
County, state, or federal government
agency.
c) A PUD or DRI utilizing TOR credits or TOR Bonus
credits may be conditionally approved, but no
subsequent application for site development plan
or subdivision plat within the PUD or DRI shall be
approved, until the developer submits the following:
i) documentation that the developer has
acquired all TOR credits and TOR Bonus
credits needed for that phase J3ortion of the
development that is the subject of the site
development plan or subdivision plat; and
ii) a TOR transaction fee suffisient to defray
the eXl30nses of the County in administering
the Central TOR Registry.
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d) The developer shall provide documentation of the
acquisition of full ownership and control of all TOR
credits needed for the development and of
recordation of the TOR credit certificates for all
such TOR credits prior to the approval of any site
development plan, subdivision plat, or other final
local development order, other than a PUO or OR!.
e) Each TOR credit shall have an individual and
distinct tracking number, which shall be identified
on the TOR certificate that reflects the TOR cred it.
The county TOR Activity Loq registry shall maintain
an onooino record of all TOR credits, to include
database designation that cateoorizes all TOR
credits-ll1ase relative to that have been severance.
transfer (sale) and redemption activity expended.
f) The county bears no responsibility to provide notice
to any person or entity holding a lien or other
security interest in sending lands that TOR credits
have been severed from the property or that an
application for such severance has been filed.
g) The County bears no responsibility to provide
notice to any person or entity holding a lien or other
security interest in Sending Lands that TOR credits
have been severed from the property or that an
application for such severance has been filed.
g. Proportional utilization of TOR credits. Upon the issuance of
approval of a site development plan or subdivision plat that is
part of a PUO or ORI, TOR credits shall be redeemed deemed to
be expended at a rate proportional to percentage of the PUO or
ORI's approved gross density that is derived through TOR
credits. All PUOs and ORis utilizing TOR credits shall require
that the rate of TOR credit consumption be reported through the
monitoring provisions of sections 10.02.12 ami 10.02.07(C)(1 )(b)
section 10.02.12 and subsection 10.02.07 C.1.b of this Code.
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LDC Amendment Request
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Carolina Valera, Principal Planner
DEPARTMENT:
Comprehensive Planning
AMENDMENT CYCLE: Cycle 2, 2007
LDC PAGE: LDC2:77
LDC SECTION(S): 2.03.07.N
CHANGE: Remove from Gateway Triangle Mixed Use District, Mixed Use Activity
Center Subdistrict, the reference to development standards of the Mixed Use Activity
Center in the Future Land Use Element of the Growth Management Plan.
REASON: There are no development standards in the Growth Management Plan
specific to the applicable mixed use activity center.
FISCAL & OPERATIONAL IMPACTS: N/A
RELATED CODES OR REGULATIONS: Bayshore/Gateway Triangle
Redevelopment Overlay in the Future Land Use Element of the Growth Management
Plan
GROWTH MANAGEMENT PLAN IMPACT: N/A
OTHER NOTESNERSION DATE: September 11, 2007
Amend the LDC as follows:
2.03.07 Overlay Zoning Districts
N. Gateway Triangle Mixed Use Overlay District. Special conditions for the
properties in and adjacent to the Gateway Triangle as referenced on GTMUD
Map 1; and further identified by the designation "GTMUD" on the applicable
official Collier County Zoning Atlas Map or map series.
*
*
*
*
*
*
*
*
*
*
*
*
5. Gateway Triangle Mixed Use District (GTMUD) Subdistricts.
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*
*
*
*
*
*
*
*
*
*
*
*
c. Mixed Use Activity Center Subdistrict. Portions of the Gateway
Triangle Mixed Use District coincide with Mixed Use Activity
Center #16 designated in the Future Land Use Element (FLUE) of
the Collier County Growth Management Plan. Development
standards in the activity center ~ are governed by requirements of
the underlying zoning district requirements and the mixed use
activity center subdistrict requirements in the FLUE, except for site
development standards as stated in section 4.02.35 of this Code,
*
*
*
*
*
*
*
*
*
*
*
*
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LDC Amendment Request
ORIGIN:
Division
Community Development & Environmental Services
AUTHOR:
John Kelly, Planner
DEPARTMENT:
Zoning & Land Development Review
AMENDMENT CYCLE:
LDC PAGE:
LDC2:111 & LDC2:1l2
LDC SECTION(S):
2.03.08 A.3.a.(3).(h) & 2.03.08 A.3.a.(3).(1)
CHANGE:
delete duplicate entry 2.03.08 A.3,a.(3).(1)
REASON:
Scrivener's error
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE: Ver. 1-06/22/2007
Amend the LDC as follows:
2.03.08 Rural Fringe Zoning Districts
* * * * * *
.
.
.
.
.
.
.
Rural Fringe Mixed-Use District (RFMU District).
* * * * * * * *
.
.
.
A.
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 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:
* * * * * * * * *
.
.
.
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(3) Conditional Uses, The following uses are permissible as
conditional uses subject to the standards and procedures
established in section 10.08.00.
(a) Zoo, aquarium, botanical garden, or other similar
uses.
. . . . . . . . . . . .
(h) Facilities for the collection, transfer, processing,
and reduction of solid waste.
. . . . . . . . . . . .
(I) facilities for the collection, transfer, processinQ,
ana roauction of solia waste.
. . . . . . . . . . . .
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LDC Amendment Request
ORIGIN: CDES
AUTHOR: Robert Wiley
DEPARTMENT: Engineering Services
AMENDMENT CYCLE: Cycle 2, 2007
LDC PAGE: LDC3:3-4
LDC SECTION(S): 3.02.03 Applicability
3.02.05 Basis for Establishing the Areas of Special Flood
Hazard
CHANGE: The effective date of the County's Flood Insurance Rate Map (FIRM) is
being updated. Next anticipated update is in 3 years.
REASON: There was much contention concerning the 'new' FIRM that the County
was issued in 2005. Since that time the County has accepted that it will use the FIRM for
the next 3 years until a corrected FIRM can be produced.
FISCAL & OPERATIONAL IMPACTS: There were fiscal impacts to property
owners when the new FIRM was produced; however, updating the effective date in the
LDC will have no fiscal or operational impacts to the County or the public,
RELATED CODES OR REGULATIONS:
GROWTH MANAGEMENT PLAN IMPACT:
OTHER NOTESNERSION DATE: Created August 31, 2007.
Amend the LDC as follows:
3.01.00 GENERALLY
[Reserved]
3.02.00 FLOODPLAIN PROTECTION
3.02.01 Findings of Fact
A, The flood hazard areas of the County are subject to periodic inundation, which
could result in loss of life, property damage, health, and safety hazards,
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disruption of commerce and governmental services, extraordinary public
expenditures for flood protection and relief, and impairment of the tax base, all of
which could adversely affect the public health, safety, and general welfare
B, These flood losses are caused by the cumulative effect of obstructions in flood
plains causing increases in flood heights and velocities, and by the occupancy in
flood hazard areas by structures vulnerable to floods or hazardous to the lands
which are inadequately elevated, floodproofed, or otherwise inadequately
protected from flood damages.
3.02.02 Purpose
It is the purpose of this section to promote the public health, safety, and general
welfare, and to minimize public and private losses due to flood conditions in specific
areas by provisions designed:
A. To protect human life and health;
B. To minimize expenditure of public money for costly and environmentally unsound
flood control projects;
C. To minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
D. To minimize prolonged business interruptions!
E, To minimize damage to public facilities and utilities, such as water and gas
mains, electric, telephone and sewer lines, streets, and bridges located in areas
of special flood hazard;
F. To help maintain a stable tax base by providing for the sound use and
development of flood prone areas in such a manner as to minimize future flood
blight areas!
G. To ensure, to the greatest degree possible, that potential home buyers are
notified that property is in an area of special flood hazard; and
H. To ensure that those who occupy the areas of special flood hazard assume
responsibilities for their actions.
3.02,03 Applicability
This section shall apply to all areas of special flood hazard in the
unincorporated area of the County, and identified by the Federal Insurance
Administration in its flood insurance rate map (FIRM), dated dIme d, 1Q!lil November
17. 2005, and any revisions thereto.
3.02.04 Exemptions
Mobile homes to be placed in an existing mobile home park shall be exempt
from the requirements of this section, provided such mobile home park is not expanded
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or undergoes substantial improvement as defined herein.
3.02.05 Basis for Establishing the Areas of Special Flood Hazard
The areas of special flood hazard, are identified by the Federal Insurance
Administration, in a scientific and engineering report entitled "The flood insurance
study" for the County's unincorporated area, dated June 3, 1986, with accompanying
FIRM, dated June d, Hl86 November 17, 2005. The flood insurance study and
accompanying FIRM shall be on file and be open for public inspection in the office of the
Clerk to the BCC located in Building "F", Collier County Courthouse, 3301 Tamiami Trail,
East, Naples, Florida 33962 34112.
.
.
.
.
.
.
.
.
.
.
.
.
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THIS PAGE INTENTIONALLY LEFT BLANK-
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LDC Amendment Request
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Stephen Lenberger, Senior Environmental Specialist
DEPARTMENT: Environmental Services Department
AMENDMENT CYCLE: Cycle 2, 2007
LDC PAGE: LDC3:28.l . LDC3:28.2
LDC SECTION(S): 3.05.07
CHANGE: Change priority for preserved native vegetation as required by the 2007
EAR.based amendments to the Conservation and Coastal Management Element (CCME)
of the GMP.
REASON: Required as part of the 2007 EAR.based amendments to the CCME of the
GMP.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None affected
GROWTH MANAGEMENT PLAN IMPACT: Required as part of the 2007 EAR.
based amendments to the CCME of the GMP.
OTHER NOTESNERSION DATE: Created August 31, 2007, amended October 8,
2007
Amend the LDC 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.
A. General standards and criteria.
1. The preservation of native vegetation shall include canopy, under.
story and ground cover emphasizing the largest contiguous area
possible, except as otherwise provided in section 3.05.07 H.1.e.
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2. Areas that fulfill the native vegetation retention standards and
criteria of this Section shall be set aside as preserve areas,
subject to the requirements of section 3.05.07 H. Single family
residences are exempt from the requirements of section 3.05.07
H.
3. Native veqetation to be retained as Ppreserve areas shall be
selected in such manner as to preserve the following, in
descending order of priority, except to the extent that preservation
is made mandatory in sections 3.05.07 F.3. and 3.05.07 G.3.c.:
a. Wetland or upland Aareas known to be utilized by listed
species or that serve as corridors for the movement of
wildlife;
b. Xeric Scrub. Dune and Strand. Hardwood Hammocks:
fG. Onsite wetlands having an accepted functionalitv WRAP
score of at least 0.65 or a Uniform Wetland Mitigation
Assessment Score of at least 0.7;
QG. Any upland habitat that serves as a buffer to a wetland
area as defined in section 3.05.07 A.3.c above;
d. Listed plant and animal spscies habitats;
e. Xeric Scrub;
f. Duns and Strand, Hard'lleed HafRfResl"s;
W. Dry Prairie, Pine Flatwoods; and
fll. All other upland native habitats.
i. Existing native vsgetatien lecates centigueus te a natural
resel'\'atien.
4. Preservation areas shall be interconnected within the site and to
adjoining off.site preservation areas or wildlife corridors.
5. To the greatest extent possible, native vegetation, in quantities
and types set forth in section 4.06.00, shall be incorporated into
landscape designs in order to promote the preservation of native
plant communities and to encourage water conservation.
*
*
*
*
*
*
*
*
*
*
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LDC Amendment Request
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Carolina Valera, Principal Planner
DEPARTMENT:
Comprehensive Planning Department
AMENDMENT CYCLE: Cycle 2, 2007
LDC PAGE: LDC4:36
LDC SECTION(S): 4.02.15
CHANGE: In the Santa Barbara Commercial Overlay, amend the date for residential
use to cease to seven years after the effective date of the adoption in the Golden Gate
Area Master Plan (GGAMP) of the amended Santa Barbara Commercial Subdistrict
(January 11, 2005).
REASON: The boundaries of the Santa Barbara Commercial Subdistrict as contained in
the GGAMP of the Growth Management Plan (GMP) were amended (expanded) in
October 2004, by Ordinance No. 2004-71, as recommended by the Golden Gate Area
Master Plan Restudy Committee. Therefore, the Land Development Code regulation
requiring the cessation of residential use must be extended accordingly to maintain
consistency with the GMP.
FISCAL & OPERATIONAL IMPACTS: N/A
RELATED CODES OR REGULATIONS: This amendment will be consistent with the
Santa Barbara Commercial Subdistrict in the Golden Gate Area Master Plan of the GMP.
GROWTH MANAGEMENT PLAN IMPACT: N/A
OTHER NOTESNERSION DATE: August 30, 2007
Amend the LDC as follows:
4.02.15 Same--Development in the SBCO District
A The standards described in this section shall apply to all uses in this overlay
district.
.
.
.
.
.
.
.
*
.
.
.
.
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2. Existing residential uses must cease to exist no later thCi~sey~n
ltffl years after the effective date of the adoption of the amenaed
Santa Barbara Commercial Subdistrict in the Golden Gate Area
Master Plan (janlJarV11.2Qd5)M.ptiI1Il,1Qll~). This does not
require the removal of the residential structures if they can be, and
are, converted to uses permitted in this district, within one
additional year. This reguirelllemtocease e~isting residential uses
does. not~pply to. d~~Jlili!liI;""I'\!~~.!/'ji13lf.)/fflr(l owner-occupied
dwelUnaunits liI~.llf .'\flr,lltQ,199Q.
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LDC Amendment Request
ORIGIN: Board of County Commissioners
AUTHOR: Barbara Burgeson, Principal Environmental Specialist
Stephen Lenberger, Senior Environmental Specialist
DEPARTMENT: Environmental Services Department
AMENDMENT CYCLE: Cycle 2, 2007
LDC PAGE: LDC5:30
LDC SECTION(S): 5.05.02
CHANGE: To exclude the length of shoreline within conservation easements when
calculating the maximum allowable number of boat slips in accordance with the Manatee
Protection Plan.
REASON: The rating system used in calculating the maximum number of wetslips in
accordance the Manatee Protection Plan, uses the amount of shoreline to calculate the
maximum number of wets lips. Since the adoption of the Manatee Protection Plan in May
1995, staff has applied the provisions of the Manatee Protection Plan to exclude the
amount of shoreline within conservation easements from the calculation of the maximum
allowable wetslips. Shoreline within a conservation easement is excluded since a
conservation easement removes or severely limits development rights.
FISCAL & OPERATIONAL IMPACTS: None since it has been staffs practice to
already exclude the length of shoreline within conservation easements in calculating the
maximum allowable number of boat slips in accordance with the Manatee Protection
Plan.
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None. The County has incorporated
the MPP within Conservation and Coastal Management Policy 7.2.1 and Policy 7.2.3.
OTHER NOTESNERSION DATE: Created September 5,2007, amended October 9,
2007
Amend the LDC as follows:
5.05.02 Marinas
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A. The following standards are for the purpose of manatee protection and are
applicable to all multi-slip docking facilities with ten slips or more, and all marina
facilities.
B. Proposed developments will be reviewed for consistency with the Manatee
Protection Plan ("MPP") adopted by the BCC and approved by the DEP. If the
location of the proposed development is consistent with the MPP, then the
developer will submit a "Manatee Awareness and Protection Plan," which shall
address, but not be limited to, the following categories:
1. Education and public awareness.
2. Posting and maintaining manatee awareness signs.
3. Information on the type and destination of boat traffic that will be
generated from the facility.
4. Monitoring and maintenance of water quality to comply with state
standards.
5. Marking of navigational channels, as may be required.
C. A rating system is established to evaluate proposed marina facilities. The
purpose of the marina site rating system is to help determine the maximum wet
slip densities in order to improve existing Manatee protection. The marina site
rating system gives a ranking based on three (3) criteria: water depth, native
marine habitat, and manatee abundance. In evaluating a parcel for a potential
boat facility, a minimum sphere of influence for the boat traffic must be
designated. For the proposed marina facility, an on-water travel distance of five
(5) miles is considered the sphere of influence.
1. A preferred rating is given to a site that has or can legally create
adequate water depth and access, will not impact native marine habitats,
and will not impact a high manatee use area (See Table 5.05.02(C)(5)).
2. A moderate ranking is given to a site where: there is a adequate water
depth and access, no impact to a high manatee use area, but there is an
impact to native marine habitat; there is adequate water depth, no impact
to native marine habitat, but impacts a high manatee use area; and when
the water depth is less than four (4) feet mean low water (MLW), no
impact to native marine habitat, and no impact to a high manatee use
area.
3. A protected ranking is given to a site where: there is adequate water
depth and access, but there is an impact to native marine habitat and
there is an impact to a high manatee use area; there is not adequate
water depth, there is impact to or destruction of native marine habitat, and
there is impact to a high manatee use area; there is not adequate water
depth, no impact to marine habitat, but there is impact to a high manatee
use area; or there is not adequate depth, there is impact to marine
habitat, and no impact to a high manatee use area.
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4. The exact areas will depend on site specific data gathered during the site
development process reviews.
5. Table of Siting Criteria
Water Depth Native Marine Habitat Manatee Use
(Measured at MLW)
4 It. or Less than 4 No Impact1 Impact Not High High
more ft.
Preferred X X X
Moderate X X X
Mederate X X X
Moderate X X X
Protected X X X
Protected X X X
Protected X X X
Protected X X X
1 For shoreline vegetation such as mangroves, "no impact" is defined as no greater
than five (5) percent of the native marine habitat is disturbed. For sea grasses, "no
impact" means than no more than 100 square feet of sea grasses can be impacted.
D. Allowable wet slip densities.
1. Preferred sites. New or expanded wet slip marinas and multi-family
facilities shall be allowed at a density of up to eighteen (18) boat slips for
every 100 feet of shoreline. Expansion of existing and construction of new
dry storage facilities is allowed. Expansion of existing and construction of
new boat ramps is allowed.
2. Moderate development sites. New or expanded wet slips and multi-family
facilities shall be allowed at a density of up to ten (10) boat slips for every
100 feet of shoreline. Expansion of existing dry storage facilities is
allowed. Construction of new dry storage facilities is prohibited.
Expansion of existing boat ramps is allowed. Construction of new boat
ramps is prohibited.
3. Protected sites. New or expanded wet slip marinas and multi-family
facilities shall be allowed at a density of one (1) boat slip for every 100
feet of shoreline. Expansion of existing dry storage facilities or
construction of new dry storage facilities is prohibited. Expansion of
existing boat ramp or construction of new boat ramps is prohibited.
E. If a potential boat facility site is ranked as moderate or protected because of its
proximity to a high use manatee area, its ranking can be increased if slow speed
zones are established that account for a significant portion of the expected travel
route of the boats using the proposed facility. In that case, the manatee criteria in
the three (3) way test (see Table 5.05.02(C)(5)) would not affect the outcome of
the ranking. If such slow speed zones are not existing, the County may establish,
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with DEP approval, additional slow speed zones in order to mitigate the proposed
additional boat traffic.
F. Existing facilities and facilities which had state or federal permits prior to adoption
of the MPP shall be exempt from these provisions, but will be subject to all other
requirements of this Code.
G. The definition of shoreline for the purpose of the Manatee Protection Plan shall
be the interface of land and water at mean hiqh water. as established usinq
standard survev techniques. Shoreline within conservation easements shall not
be used in calculatinq the maximum allowable number of wetslips pursuant to the
Manatee Protection Plan. Artificiallv created shorelines created after the adoption
of the Manatee Protection Plan in Mav 1995 shall not be used in the calculation
for wetslip densities.
(Ord. No. 05-27, ~ 3.FF)
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EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners provide the County Manager
or his designee direction as to the manner for calculating allowable wetslips when a project
shoreline is within a conservation easement.
OBJECTIVE: To have the Board of County Commissioners (BCC) provide the County
Manager or his designee direction as to the manner for calculating allowable wetslips when a
project shoreline is within a conservation easement.
CONSIDERATION: On December 12,2006, the BCC directed the County Manager to report
back to the BCC as to how staff has applied the Manatee Protection Plan (MPP) criteria for
calculating the maximum number of wetslips allowed for a proposed multi-docking facility.
This Executive Summary addresses the rationale for how staff has applied the MPP criteria to
calculate maximum wetslip densities when a project proposes a wetslip docking facility with its
shoreline in a conservation easement (CE). Possible future actions are also provided for the
BCC's consideration.
Since the adoption of the MPP in May 1995, staff has applied the provisions of the MPP to
exclude the amount of shoreline within CE's from the calculation of maximum allowable
wetslips. Until recently, this application has occurred without review of the CE itself. This has
the effect of reducing the number of wetslips for a facility where its property has shoreline in a
CEo The specific question that staff is requesting direction from the BCC is: How should the
County calculate the maximum number of wetslips for a multi-docking facility when part of
the project's shoreline is within a conservation easement?
MPP and Land Development Code (LDC) Provisions
Relevant portions of the MPP and LDC are contained in Attachment A. The rating system
specified in the LDC uses the amount of shoreline to calculate the maximum number of wetslips.
Although the LDC specifies that the purpose of the marina siting criteria is to help determine the
maximum wet slip densities in order to improve existing Manatee protection, neither the LDC
nor the MPP definition of shoreline specifically addresses shoreline within CE's. Both the MPP
and LDC do, however, recognize that mangrove systems are necessary and important habitats for
Manatee protection.
State evaluation of MPP criteria
Staff has coordinated its review of projects with the State Florida Wildlife Conservation
Commission (FWCC) since the State was part of the development of the MPP and provided its
approval of the County's MPP. The County has also adopted the MPP into the Conservation and
Coastal Management Element of the County's Growth Management Plan. The Stateiooks to the
County to evaluate a proposed project and to determine its consistency with the MPP. The State
also utilizes these criteria in its own permitting processes.
State agency staff have advised County staff that the total length of shorelines, including that
which is within CE's, is used in the calculations for maximum allowable. wetslips where the
purpose of the CE is vegetation management. However, where the CE prohibits "in-water
structures", the length of shoreline within the conservation easement is excluded from the
calculations and thus the number of allowable wetslips are reduced in proportion to the length of
the excluded shoreline. State staff indicate that "in-water structures" can be characterized as the
construction and operation of future docks, wet or dry slips, piers, launching facilities or
structures other than existing on the property, or activities detrimental to drainage, flood control,
'water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation
including, but not limited to, ditching, diking, dredging, and fencing.
Sample Calculations
Attachment B provides examples of calculations for shorelines that are contained within or are
located outside of CE's. Note that in both the examples, the location of the actual wetslip facility
must be located outside of the CE. The calculated maximum allowable wetslips depends on
whether the part of the shoreline is contained within a CEo Case I assumes that the length of
shoreline within a CE's shoreline can not be used in the calculation of maximum allowable
wetslips. Case II shows the calculation of the maximum allowable wetslips when no part of the
shoreline is within the CEo
Countv Staff Application of MPP Criteria
In approximately 1990, staff had gathered various environmental data and had discussions with
past County Attorneys regarding CE's. Staff understood that a CE would remove all
development rights, and thus there are no rights that the property owner can transfer. If no
development rights exist on a shoreline, then the length of this shoreline can not be used to
calculate wetslips that will be transferred to another area not encumbered or protected by a
preserve designation or CEo Therefore, Environmental Review Staffs conclusion is when there
is a CE over an area of shoreline, that area cannot be utilized for calculating the maximum
allowable wetslips. Only shoreline that is outside the CElPreserve area had been used in this
determination.
However, in a January 2006 evaluation of a project, staff from the Office of the County Attorney
reviewed various documents including the existing CE, the GMP, the LDC, the MPP, State
Statutes, and State cases in order to determine whether shoreline length in the CE area should be
excluded from the calculation to determine the number of allowable boat slips. The result of this
review essentially provided environmental staff with a procedure that specified the review of the
actual language of a conservation easement must be conducted to determine if the easement
language excludes the use of the easement shoreline to calculate the amount of wetslips.
Inspecting the CE to determine its prohibitions is also consistent with the State's application as
outlined above. Typically the County's required CE does not allow for boat slips to be placed
within the boundary of the Conservation Easement or Preserve area. In fact, the County's
current LDC criteria would limit most structures, except for structures providing access through
the preserve, benches and educational signs. Although our current CEs would likely prohibit the
placement of docks and docking facilities within the CE, the recent guidance from the County
Attorney's Office would have staff inspect the actual CE language for all CE's to determine if
the shoreline within the CE can be used in the maximum wetslip calculation.
Recommendations
Based on previous County Attorney reviews and recommendations, staff recommends that the
BCC consider the following tasks for staff to perform when applying the criteria of the LDC and
MPP regarding the calculation of maximum allowable wetslips when all or a portion of a
project's shoreline is within aCE:
A. For projects having existing CE's or Preserves
I. Have the County Attorney's Office review the CE to determine if the CE addresses
shoreline development rights.
2. Consult with the State to determine if the State finds the CE to eliminate any future
wetslips. (This would essentially be consulting the State for Technical Assistance for
listed species issues.)
3. Apply the most restrictive criteria from the review of 1 and 2.
B. For projects where Preserve areas and CE's are not yet established.
1. Identify in the development document the location of the proposed docking facility and
preserve area that requires a CE.
2. Use the total shoreline for calculating the maximum allowable wetslips and identify this
value in the development document.
3. Require the CE to specify that the shoreline contained within can no longer be used for
calculating wetslips.
FISCAL IMP ACT: There is no fiscal impact to the County for this agenda item.
GROWTH MANAGEMENT IMPACT: The County has incorporated the MPP within
Conservation and Coastal Management Policy 7.2.1 and Policy 7.2.3.
LEGAL CONSIDERATIONS: There is nothing in the Growth Management Plan or Land
Development Code (LDC) that specifically addresses the issue. Therefore, how to handle this
matter becomes a policy determination for the Board. Once the decision is made, the Board
should also direct that the LDC be amended so the policy decision can be memorialized.
RECOMMENDATION: That the Board of County Commissioners provide the County
Manger or his designee direction for calculating wetslip densities when shorelines are within
Conservation Easements.
PREPARED BY: William D. Lorenz Jr., P.E., Environmental Services Department Director
Attachment A.
Relevant Portions of the Manatee Protection Plan and Land Development Code
. MPP (Section 3.2.4, Marina Siting Criteria) Collier County and the FDEP's Office of
Protected Species Management has developed a rating system for marina siting throughout
the remainder of the County. The purpose of the marina site rating system is to help
determine the maximum powerboat wetslip densities in order to improve existing Manatee
protection. The marina site rating system gives a ranking based on three (3) criteria; water
depth, native marine habitat and Manatee abundance. Native marine habitats include
seagrass beds, salt marshes, mangroves or other biologically productive submerged and
shoreline habitats which may be adversely affected or destroyed by dredging and jilling
activities.
. LDC (Section 5.05.02) A rating system is established to evaluate proposed marina facilities.
The purpose of the marina site rating system is to help determine the maximum wet slip
densities in order to improve existing Manatee protection. The marina site rating system
gives a ranking based on three (3) criteria: water depth, native marine habitat, and Manatee
abundance.
. LDC (Section 5.05.02) For shoreline vegetation such as mangroves, "no impact" is defined
as no greater than jive (5) percent of the native marine habitat is disturbed. For sea grasses,
"no impact" means no more than 100 square feet of sea grasses can be impacted.
. LDC (Section 5.05.02 for Preferred sites. Density for Moderate and Protected sites are
specified as 10 and 1 boat slips per 100 feet of shoreline, respectively.) New or expanded
wet slip marinas and multi-family facilities shall be allowed at a density of up to eighteen
(18) boat slips for every 100 feet of shoreline.
. LDC Definition. Shoreline or shore: The interface of land and water and, as used in the
coastal management element requirements, is limited to oceanic and estuarine interfaces.
. LDC (Section 3.05.07.H.1.h) Allowable uses within preserve areas. Passive recreational
uses such as pervious nature trails or boardwalks are allowed within the preserve areas, as
long as any clearing required to facilitate these uses does not impact the minimum required
vegetation. For the purpose of this section, passive recreational uses are those uses that
would allow limited access to the preserve in a manner that will not cause any negative
impacts to the preserve, such as pervious pathways, benches and educational signs. Fences
may be utilized outside of the preserve to provide protection in the preserve in accordance
with the protected species section 3.04.01 D.1.c. Fences and walls are not permitted within
the preserve area.
Attachment B.
Sample Calculations
Case I (Portion of the Shoreline is within a Conservation Easement)
-----~
/600
( ,=,
I
Shoreline
I
I
\
\
\
'''--------
400
'eo,
..---"-'-'-.-'---.'- '1
I
I
Conservation Easement
I
I Total Shoreline - 1000 feet
I Shoreline not within a Conservation Easement - 400 feet
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I
Moderate Rating (10 wetslips per 100 feet of Shoreline)
Maximum Number of Allowable wetlips:
10 slips per 100 feet X 4 = 40 wetslips
Docking Facility
Case II (No part ofthe Shoreline is within a Conservation Easement)
/;,;~
I I..'
I
Shoreline
i
I
i
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i
,
,
.,
\
\
\
\
....,
--........~_._-..
400
feel
-.------.----..- 'l
I
ITotal Shoreline - 1000 feet
i Shoreline not within a Conservation Easement - 1000 feet
.r Conservation ElIsement
I
I
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I
Maximum Number of Allowable wetlips:
10 slips per 100 feet X 10 = 100 wetslips
Moderate Rating (10 wetslips per 100 feet of Shoreline)
I
I
l.._ _
Docking Facility
Text underlined is new text to be added.
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LDC Amendment Request
ORIGIN: Office of the County Attorney - BCC directed on June 26, 2007
AUTHOR: Jennifer A. Belpedio, Assistant County Attorney
DEPARTMENT:
Office of the County Attorney
AMENDMENT CYCLE: Cycle 2, 2007
LDC PAGE:
LDC5:113 & LDC5:ll4
LDC SECTION(S): 5.06.04 C. 12. a.
CHANGE: In prior years candidate qualification was 46 days before the general
election; therefore, the LDC prohibited the posting of political signs more than 45
calendar days prior to an election. During the 2007 legislative session S 99.061, Florida
Statutes, was amended to provide for candidate qualification 67 days before the general
election (see Chapter 2007-30, Laws of Florida).
The LDC is being amended to reference Sec. 99.061, F.S., rather than change 45 days to
66 days as the permitted political sign posting. If the candidate qualification date
changes in the future, these LDC provisions will not need to be revised again. The bulk
permit issued for the posting of political signs will be used to advise permittees of the
new permitted posting requirements.
REASON: To update political sign provisions in preparation for November 2008
General Elections.
FISCAL & OPERATIONAL IMPACTS:
RELATED CODES OR REGULATIONS:
None.
None.
GROWTH MANAGEMENT PLAN IMPACT:
None.
OTHER NOTESNERSION DATE: August 20, 2007; August 22, 2007, August
27,2007, September 4,2007, September 16,2007, September 17, 2007, September 26,
2007, October 1,2007, October 22,2007, December 21, 2007 per the CCPC.
Amend the LDC as follows:
5.06.04 Sign Standards for Specific Situations
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C. On-premise signs. On-premise pole signs, ground signs, projecting signs, wall
signs, and mansard signs shall be allowed in all non residentially zoned districts
subject to the restrictions below:
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12. Temporary signs. A permit is required to erect a The erection ef any
temporary sign shall require permitting as estalalishsd as set forth in
section 10.02.06 G. unless otherwise insisated provided herein.
Applicants for temporary sign permits shall pay the minimum fee
established for saiG a temporary sian permit. Temporary signs shall be
allowed subject to the restrictions imposed by this section and other
relevant parts of this Code.
a. Political signs. Political sampaign signs and pesters shall be
permitted subject to the following requirements:
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vi. Political signs shall not be erected net more than 45
salensar days prier te an elestien er pelitisal event, until
the close date of the qualifvinq period as set forth in
Section 99.061. Florida Statutes as it mav be amended
and shall be removed within sevefI Z calendar days after
termination of candidacv due to withdrawal. elimination. or
election to the office or after tho elestien, event, er after the
campaign approval or reiection of the issue has occurred.
besn secissd.
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LDC Amendment Request
ORIGIN: Building Review & Permitting
AUTHOR: Diana Compagnone
DEPARTMENT:
Building Review & Permitting
AMENDMENT CYCLE # OR DATE: Cycle 1 - 2007
LDC PAGE: 3:43,3:44
LDC SECTION: 5.06.05 Signs Exempt from These Regulations
CHANGE: Cross reference littoral shelf planting area (LSPA) sIgns and preserve
signage to sign section of LDC.
REASON: For ease of reference to general public
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: 3.05.10 A.6, 3.05.04 G
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSIONDATE: Created 2/7/06
Amend the LDC as follows:
5.06.00 SIGNS
************************************************************************
5.06.05 Sign Exempt from these Regulations
In addition to those signs identified elsewhere in this Code, the following
signs are exempt from the permit requirements of this Code, and shall be
permitted in all districts subject to the limitations set forth below:
A. Signs required to be maintained or posted by law or governmental order,
rule, or regulation.
B. On-premises directional signs, not exceeding six square feet in area and
four feet in height, intended to facilitate the movement of pedestrians and
vehicles within the site upon which such signs are posted. On-premises
directional signs shall be limited to two at each vehicle access point and
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a maximum of four internal to the development. Internal signs are not
intended to be readily visible from the road. Directional signs are also
subject to restrictions of section 5.06.04 C.13. of this Code.
C. One identification sign, professional nameplate, or occupational sign for
each professional office, or business establishment not to exceed two
square feet in sign area and placed flush against a building face or
mailbox side, and denoting only the name of the occupant and, at the
occupant's election, the occupant's profession or specialty and/or the
street address of the premise.
*****************************************************************************
X. Littoral Shelf Plantinq Area siqns. provided such siqns do not violate
section 3.05.10 A.6 of this Code.
Y. Preserve Siqns. provided such siqns do not violate subsection 3.05.04 G
of this Code.
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LDC Amendment Request
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Carolina Valera, Principal Planner
DEPARTMENT:
Comprehensive Planning
AMENDMENT CYCLE: Cycle 2, 2007
LDC PAGE: LDClO:122
LDC SECTION(S): 10.02.08.C
CHANGE: Remove reference to access management plan maps.
REASON: Access management plan maps were previously removed from the Land
Development Code. However, this related text reference was inadvertently not removed
at that time.
FISCAL & OPERATIONAL IMPACTS: N/A
RELATED CODES OR REGULATIONS: Policy 4.4 of the Future Land Use Element
of the Growth Management Plan.
GROWTH MANAGEMENT PLAN IMPACT: N/A
OTHER NOTESNERSION DATE: September 7, 2007
Amend the LDC as follows:
10.02.08 Submittal Requirements for Amendments to the Official Zoning and LOC
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C. Amendments. Amendments to this Code may be made not more than two times
during any calendar year as scheduled by the county manager, except:
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~1, Amendments to the Code (See section 10.02.10 A. below for
requirements).
The procedure for amendment to this Code shall be as provided in
section 10.03.05. This Code may only be amended in such a way as to
preserve the consistency of the Code with the growth management plan.
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LDC Amendment Request
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Carolina Valera, Principal Planner
DEPARTMENT:
Comprehensive Planning
AMENDMENT CYCLE: Cycle 2, 2007
LDC PAGE: LDClO:129
LDC SECTION(S): 10.02.13.B
CHANGE: Add "the FLU Element" to the Growth Management Plan (GMP)
conformity criteria within planned unit development zoning procedures.
REASON: The statements pertaining to GMP conformity within the existing planned
unit development zoning procedures are incomplete, only requiring compliance with the
goals objective and policies of the GMP and not "future land use designations, districts
and subdistricts".
FISCAL & OPERATIONAL IMPACTS: N/A
RELATED CODES OR REGULATIONS: Future Land Use Element, Immokalee
Area Master Plan, Golden Gate Area Master Plan of the GMP.
GROWTH MANAGEMENT PLAN IMPACT: This
consistency with the future land use designation of a
consistency with the GMP's goals, objectives and policies.
amendment clarifies that
property is required beyond
OTHER NOTESNERSION DATE: August 27, 2007
Amend the LDC as follows:
10.02.13 Planned Unit Development (PUD) Procedures
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A. Application and PUD master plan submission requirements.
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B. Procedures for planned unit development zoning.
1. Preapplication conference. Prior to the submission of a formal application
for rezoning to PUD, the applicant shall confer with the planning services
department director and other county staff, agencies, and officials
involved in the review and processing of such applications and related
materials. The applicant is further encouraged to submit a tentative land
use sketch plan for review at the conference, and to obtain information on
any projected plans or programs relative to possible applicable federal or
state requirements or other matters that may affect the proposed PUD.
This preapplication conference should address, but not be limited to, such
matters as:
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c. Conformity ofthe.pr()po~E!dPUD with the goals, objectivesi aM
policies al1d:thehF1...UElement of the growth management plan.
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5. Planning commission recommendation. The planning commission shall
make written findings as required in section 10.02.08 and as otherwise
required in this section and shall recommend to the board of county
commissioners either approval of the PUD rezoning as proposed;
approval with conditions or modifications; or denial. In support of its
recommendation, the planning commission shall make findings as to the
PUD master plan's compliance with the following criteria in addition to the
findings in section 10.02.08.
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c. Conformityoftheprop()s7?PUD with the goals, objectives. aM
policies ano the FI...U>Elemel1tof the growth management plan.
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LDC Amendment Request
ORIGIN: CDES
AUTHOR: Ray Bellows, Planning Manager
DEPARTMENT:
Zoning & Land Development Review
AMENDMENT CYCLE: Cycle 2, 2007
LDC PAGE: LDClO:132
LDC SECTION(S): 10.02.13 Planned Unit Development (PUD) Procedures
CHANGE: Rewrite the planned unit development (PUD) sunsetting provisions to
lengthen the time frame to 5 years for all PUDs, clarify the government action statement
and provide for exemptions from sunsetting for schools, police, fire and EMS facilities
that were identified in the PUD when it was approved.
REASON: As past testimony during recent PUD extension petitions has shown, the
federal and state permitting process coupled with the local land planning reviews the
current three year time limit has proven to be too short for initial PUD development.
Additionally, it is requested that public facilities including educational plants and
facilities, and facilities for police, fire and EMS, approved as part of the PUD, be
exempted from the sunset provisions. This request is due to the fact that government
entities planning to build these essential facilities do not want to incur the time and
expense ofa PUD amendment to permit the development of the required public facilities,
which may not be financed and constructed until after the PUD has sunset. Under the
current PUD requirements, a final development order cannot be issued after a PUD has
sunsetted.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
GROWTH MANAGEMENT PLAN IMPACT: None.
OTHER NOTESNERSION DATE: Created March 27, 2007. Revised August 31,
2007. Revised September, 24, 2007. Revised October 29 per PPM.
Amend the LDC as follows:
10.02.13 Planned Unit Development (PUD) Procedures
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D. Time limits for approved PUDs. For purposes of this section, the word "sunset" or
"sunsetting" shall be the term used to describe a PUD which has, through a
determination made by the planning services department director, not met the
time frames and development criteria outlined in section 10.02.12 of this Code
as applicable. For all PUDs, the owner entity shall submit to the planning
services department director a status report on the progress of development
annually from the date of the PUD approval by the board of county
commissioners. The purpose of the report will be to evaluate whether or not the
project has commenced in earnest in accordance with the following criteria:
1. For PUDs approved prior to October 24, 2001 the landowner(s) shall:
a. Obtain approval for improvements plans or a development order
for all infrastructure improvements to include utilities, roads and
similar improvements required by the approved PUD master Plan
or other development orders for at least 15 percent of the gross
land area of the PUD site every five years from the date of
approval by the board of county commissioners; and
b. Receive final local development orders for at least 15 percent of
the total number of approved dwelling units in the PUD, or in the
case of PUDs consisting of nonresidential uses, 30 percent of the
total approved gross leasable floor area within the PUD every six
years from the date of approval by the board of county
commissioners.
c. Any PUD appreved befere Octeber 24, 2001 that receives
subse~uent amendment approval shall be subject te tho
sevelepment criteria ans time limits established fer these PUDs
appre'les en or after Octebor 24, 2Q01 as outlined in sectien
10.02.12 ef tt1is Cedo.
2. For PUDs and PUD amendments approved on or after October 24, 2001,
Hut prior to J:1nuar}' 3, 2007, the land owner shall:
a. For residential portions of PUDs, the ewner entitv shall initiate
physical development of infrastructure improvements, including
access roads, internal roads, sewer and water utilities and any
other related infrastructure, that supports a minimum of 15 percent
of the designated residential area or areas of the PUD by the lfIif€I
fifth anniversary date of the PUD approval. An additional 15
percent of such infrastructure shall be completed every year
thereafter until PUD buildout; and
b. For the nonresidential portions of PUDs and commercial and
industrial PUDs tl1e e'Nnor entity shall, initiate physical
development of a minimum of 15 percent of authorized floor area
when approved on the basis of a defined amount of floor space,
by the lfIif€I fifth anniversary date of the PUD approval. In the
event that the floor area is not the defining intensity measure, then
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25 percent of the land area to include some representative portion
of the building space shall be constructed by the tI1if€i fifth
anniversary date of the PUD approval Gate. The same amount of
development shall be required every year thereafter up to an
amount representing 75 percent of authorized buildable area and
floor area. Thereafter the PUD shall be exempt from these sunset
provisions.
c.
G g. If in the event of a moratorium" or other action of government that
prevents the approval of any final development order" the
duration of the suspension of the approval shall not be counted
towards the lIlfee- !2 year sunset previSion period.
d. F-er PUDs 3f)prfJl'sf} on or aftor tho rials of aEJefJt:on of this r~Nis:on
_'anu3,OY 3. 2007 tAo .lcmf} ovmer sha!!:
3. Fer all PUDs the llUild eut year as submiltes ans apl3re'/ss '....ith
tho applicatien's Traffic Impact Slatemont (TIS) st-Jall sOI'\'e as the
referense year fer the al'lJ3reves density aRS iRtensity. Tws years
after the buils eut yoar as defines oRths apl3revss TIS submitted
with the applisatien aRs OR the anRiversary sato ef the adepted
PUD aRY remaining sensity er inteRsity that t-Jas net been
appreved by the apprepriate site de'/elspment plan or plat and
recei'/ed a certificate of public asequasy (COA) sAall be
consisered eXl'lirod ans '.'eid of any remaining sevelel3meRt rights.
In the eveRt that action er in actioR b,; tt-Je CeuRty er any
regulater}' agency er legal aclien pre'/ents the approval sf a
development order, the duration of the suspension ef the
appre'/al shall net be seuntes tewards the expiratien I3revisien
aeGve, centingent that tAe al3plicant Ilas been sili!jently pursuiRg a
leGal development order ef permit tllreugh aRY ef the required
regulaterj agencies. Tile ceunty maRager er designoe must be
nelifies in writing of the circumstansos of the selay with the
apl'lrepriate secumentatien.
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b. Fer all PUDs the build eut year as susmittes ans appre'les with
the applicatien's Traffic ImJlacl Statement (TIS) shall serve as the
roforence year fer tho appro'/es seRsity ans intensity. On tho
build eut year as sofines en the appreves TIS susmilles '/lith the
applicatien and en tho anniversary date ef the asopted PUD any
remainin!j seRsity ans intensity shall be censidores expires if all
ef the lands within the PUD boundary ha'/e received appreval
through site develaJlmeRt JllaRs or plats and receivos a
certificate of puslic asoCjuacy (CO.'\). For nen residential Jlortions
ef a PUD, section (a) ase'/e allm'/s for t'Ne assitienal years te
amend the site se\'elapmeRt JllaR(s) in Greer te apply f{)r
sevalapmeRt arsers for any remaining intensity v/ithin nen
residential secliens ef the PUD.
4~. Infrastructure improvements as required above shall be located on site
and shall constitute infrastructure that makes possible vertical
construction consistent with the permitted land uses. Acceleration lanes,
entry road access and the like do not count towards meeting the required
levels of infrastructure improvements as required above.
a 1. PUD sunsetting. Prior to or any time after the planning services
department director determines that a PUD has sunsetted, then the
property owner shall initiate one of the following:
a. Request faf a PUD extension; GI'
b. Request faf a PUD amendmenk ; or
c. Reouest a rezone.
e Q. Board of county commissioners action on PUDs which have sunsetted.
Upon review and consideration of the appropriate application, or the
status report provided by the property owner and any supplemental
information that may be provided, the board of county commissioners
shall elect one of the following:
a. To extend the current PUD approval for a maximum period of two
years; at the end of which time, the property owner shall again
submit to the procedure as defined herein, however no further
development order applications shall be processed by the county
until the PUD is officially extended.
b. Approve or deny an application for a PUD amendment. The
existing PUD shall remain in effect until subsequent action by the
board of county commissioners on the submitted amendment to
the PUD, however no further development order applications shall
be processed by the county until the PUD is officially amended.
c. Require the owner to submit an amended PUD. The existing PUD
shall remain in effect until subsequent action by the board of
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county commissioners on the submitted amendment to the PUD,
however no further development order applications shall be
processed by the county until the PUD is officially amended.
i. If the owner fails to submit an amended application to the
PUD within six months of the action of the board of county
commissioners to require such a submittal, or the board
denies the request to amend the PUD, then the board of
county commissioners may initiate proceedings to rezone
the unimproved portions of the original PUD to an
appropriate zoning classification consistent with the future
land use element of the growth management plan.
7 Q. PUD time limit extensions. Extensions of the time limits for a PUD may be
approved by the board of county commissioners. An approved PUD may
be extended as follows:
a. Maximum extension: There shallee a maximum of twe extensions
mav be one PUD extension. The first may be granted for a
maximum of two years from the date of original approval. +Ae
secens exlensien, may eo granted f-or an assitienal two yoars
from tAe date ef expiratien ef the fiFSt oxtcnsien.
b. Approval of an extension shall be based on the following:
i. The PUD and the master plan is consistent with the current
growth management plan including, but not limited to,
density, intensity and concurrency requirements;
ii. The approved development has not become incompatible
with existing and proposed uses in the surrounding area as
the result of development approvals issued subsequent to
the original approval of the PUD zoning; and
iii. Approved development will not, by itself or in conjunction
with other development, place an unreasonable burden on
essential public facilities.
c. An extension request shall consist of the following:
i. A completed application form provided to the property
owner by the county; and
II. A copy of the original PUD approval ordinance; and
iii. A written statement describing how the criteria listed in
subsection 10.02.12 of this Code have been met; and
iv. A fee paid in accordance with the county fee resolution.
v. Any other information the County Manager or his designee
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deems necessary to process and evaluate the request.
d. No more than two extensions may be granted for any
development original approval date.
e. Any PUD developer who has not commenced development
pursuant to the sunsetting provisions set forth in section 10.02.12
of this Code within ten years of the original PUD approval date
shall submit a new rezoning application.
S Z. Retention of existing PUD status. Once a PUD has sunsetted the land
shall retain its existing PUD zoning status, however applications for
additional development orders shall not be processed until one of the
following occurs:
a. The board of county commissioners approves a request for
extension of PUD zoning status.
b. The board of county commissioners approves an amendment to
the existing PUD.
Should the planning services department director determine that
development has commenced in earnest, then the land shall
retain its existing PUD approval and shall not be subject to
additional review and consideration of new development
standards or use modification pursuant to the provisions for time
limits for approved PUDs.
In the case of developments of regional impact, PUD time limit
restrictions shall be superseded by the phasing plan and/or time
limits contained within the application for development approval
and approved as part of a development order in conformance with
F.S. S 380.06.
8. Exemptions from sunsettina. Anv educational plants or facilities or public
service facilities includinq police, fire and EMS facilities that were
identified in an approved PUD zoninq district or PUD master plan and
which are consistent with the approved development requlations shall
retain development riqhts. althouqh a planned unit development mav
have sunsetted. as provided for this section. A development order for
such facilities shall be issued in accordance with a site development plan
approval. without the requirement to amend or extend the oriqinal
planned unit development.
9. PUD buildout. For PUDs approved on or after tho date ef adeptien of this
revisien January 3. 2007 the land owner shall:
a. For all PUDs the build out year as submitted and approved with
the application's Traffic Impact Statement (TIS) shall serve as the
reference year for the approved density and intensity. Two years
after the build out year as defined on the approved TIS submitted
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with the application and on the anniversary date of the adopted
PUD any remaining density or intensity that has not been
approved by the appropriate site development plan or plat and
received a certificate of public adequacy (COA) shall be
considered expired and void of any remaining development rights.
In the event that action or in-action by the County or any
regulatory agency or legal action prevents the approval of a
development order, the duration of the suspension of the
approval shall not be counted towards the expiration provision
above, contingent that the applicant has been diligently pursuing a
local development order or permit through any of the required
regulatory agencies. The county manager or designee must be
notified in writing of the circumstances of the delay with the
appropriate documentation.
b. For all PUDs the build out year as submitted and approved with
the application's Traffic Impact Statement (TIS) shall serve as the
reference year for the approved density and intensity. On the
build out year as defined on the approved TIS submitted with the
application and on the anniversary date of the adopted PUD any
remaining density and intensity shall be considered expired if all
of the lands within the PUD boundary have received approval
through site development plans or plats and received a
certificate of public adequacy (COA). For non residential portions
of a PUD, section (a) above allows for two additional years to
amend the site development plan(s) in order to apply for
development orders for any remaining intensity within non:
residential sections of the PUD.
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LDC Amendment Request
ORIGIN: CDES
AUTHOR: Melissa ZonelRay Bellows
DEPARTMENT:
Zoning & Land Development Review
AMENDMENT CYCLE: Cycle I, 2007
LDC PAGE: LDC2:40.1
LDC SECTION(S): 2.03.07 Overlay Zoning Districts
CHANGE: To reinsert provisions of the Historical and Archaeological Sites
REASON: These provisions were left out from the 04-41 LDC re-codification.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
GROWTH MANAGEMENT PLAN IMPACT: None.
OTHER NOTESNERSION DATE: Created March 22, 2007.
Amend the LDC as follows:
2.03.07 Overlay Zoning Districts
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E. Historical and Archaeological Sites "H". It is the intent of these regulations
to recognize the importance and significance of the County's historical
and archaeological heritage. To that end, it is the county's intent to
protect, preserve, and perpetuate the County's historic and archaeological
sites, districts, structures, buildings, and properties. Further, the BCC,
finds that these regulations are necessary to protect the public interest, to
halt illicit digging or excavation activities which could result in the
destruction of prehistoric and historic archaeological sites, and to regulate
the use of land in a manner which affords the maximum protection to
historical and archaeological sites, districts, structures, buildings, and
properties consistent with individual property rights. It is not the intent of
this LDC to deny anyone the use of his property, but rather to regulate the
use of such property in a manner which will ensure, to the greatest
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degree possible, that historic and archaeological sites, districts,
structures, buildings, and properties are protected from damage,
destruction, relocations, or exportations.
1. Areas for consideration for inclusion in areas of
historical/archaeological probability shall have one (1) or more of the
following characteristics:
+ ~. The area is associated with distinctive elements of the
cultural, social, ethnic, political, economic, scientific,
religious, prehistoric, or architectural history that have
contributed to the pattern of history in the community, the
County, the State of Florida, or the nation; or
2-Q. The area is associated with the lives of persons significant
in history; or
d f. The area embodies the distinctive characteristics of a type,
period, method, or materials of construction that possess
high artistic value, quality of design craftsmanship, or that
represent an individual architect or builder's prominence or
contribution to the development of the County, the State
of Florida, or the nation; or
4 Q. The area was the location of historic or prehistoric activities
including, but not limited to, habitation, religious,
ceremonial, burial, or fortification during a particular periOd
of time, which may maintain a sufficient degree of
environmental integrity to reflect a significant aspect of the
relationship of the site's original occupants to the
environment; or
~ g. The area is historic or prehistoric site which has been
severely disturbed but which may still allow useful and
representative data to be recovered; or
e f. The area has yielded or is likely to yield information on
local history or prehistory; or
+ g. The area derives its primary significance from architectural
or artistic distinction of historical importance; or
8 h. The area is the birthplace or grave of historical figure or is
a cemetery which derives its primary significance from
graves of persons of importance, from age, from distinctive
design features, or from association with historic events; or
Q j. The area is the site of a building or structure removed
from its original location which is significant for its
architectural value, or is the sole surviving structure
associated with historic period, person, or event; or
-W j. The area is a property primarily commemorative in intent,
where design, age, tradition, or symbolic value has
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invested it with its own historical significance; or
~ Js. The area is an area containing known archaeological sites
that have not been assessed for significance but are likely
to conform to the criteria for historical/archaeological
significance or areas where there is a high likelihood that
unrecorded sites of potential historical/archaeological
significance are present based on prehistoric settlement
patterns and existing topographic features; or
~ 1. The area is included in the National Register of Historic
Places.
2. Aoolicabilitv durina develooment review orocess; countv oroiects;
aariculture; waiver reauest.
a. Aoolicabilitv. Applications for a specific development order
as described in subsectionrsl 203.07 E.2.b throuqh
deemed adequate for review which have been submitted
prior to the adoption of this section are not required to
meet the provisions outlined in the applicable subsection.
However. subsequent applications for development orders
as described in subsectionrsl 2.03.07 E.2.b. throuqh k.
shall complv with the requirements of the applicable
subsection. Subsections 2.03.07 E.2.b. throuqh k. shall
become effective upon the adoption. bv resolution. of the
map of areas of historical/archaeoloqical probabilitv bv the
board of countv commissioners.
b. Develooment of reaional imoact (OR/). The application for
development approval (ADA) for the proposed DRI shall
include correspondence from the applicant to the Florida
department of state, division of historic resources.
indicatinq that the DRI is in Collier Countv's desiqnated
area of historical archaeoloqical probabilitv. The ADA shall
also include an historical archaeoloqical survev and
assessment. if required bv the division of historic
resources. The survev and assessment is subiect to review
bv the Countv Manaqer or his or desiqnee. and
recommendations shall be presented to the Collier Countv
planninq commission and the board of countv
commissioners for consideration for incorporation into the
local development order. The recommendations shall also
be provided to the preservation board. The preservation
board shall be provided the opportunitv to present its
recommendations to the planninq commission and board
of countv commissioners at their public hearinqs.
c. Reauests for land use chanae. Propertv under consideration
for a rezone or conditional use which is within an area of
historical/archaeoloqical probabilitv shall have an
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historical/archaeoloqical survev and assessment prepared
bv a certified archaeologist to be submitted bv the
applicant with the land use change request application and
is subiect to review bv the Countv Manaqer or desiqnee.
The Countv Manaqer or desiqnee's recommendations
derived from the review of a survev and assessment
submitted bv the applicant shall be presented to the Collier
Countv planning commission and the board of countv
commissioners for consideration for incorporation into the
local development order. The recommendations shall also
be provided to the preservation board. The preservation
board shall be provided the opportunitv to present its
recommendations to the planninq commission and board
of countv commissioners at their public hearinqs.
d. Buildinq permits. Building permits issued for new structures
on propertv located within an area of
historicallarchaeoloqical probabilitv shall be accompanied
bv a notice that indicates the propertv is within the area of
historicall archaeoloqical probabilitv. The notice shall
describe the potential for historical and archaeoloqical
sites. structures. artifacts. or buildings. and shall
encouraqe the preservation of such sites. provide
reference to applicable state and local laws. and provide
reference reqardinq whom to contact in the event an
historical/archaeoloqical site. structure. artifact or buildinq
is discovered.
e. Preliminary subdivision plat. Preeerty under
censiderationSubmittal for -faf--a preliminary -fsubdivision
plat within an area of historical/archaeoloqical probabilitv
but not subiect to roauircmont subtsectionsl b throuqh c Gf
this sul:lsedion shall include ahave an
historical/archaeoloqical survev and assessment prepared
bv a certified archaeoloqist. te be submittes I:ly tho
aeelioant with the preliminary subdivision elat aeelicatien
and is subioot to review b't the Count\' Manaaer er his
sesiqnee. The preservation board County ManaQer shall
review the er desianee's recommendations derived from
the review ef a survev and assessment and sul:lmitlsubmit
their recommendations to d by the aeeliGant snail be
presentes to the Collier Countv planninq commission and
the board of countv commissioners for consideration for
incorporation into the local development order. +Re
recommensatiens shall alBe I:le provised te tho
prosel'\'ation board. The ereservatien beard shall be
erovises the oPDertunitv te eresent its reoemmendatiens at
tho Dlannina cemmissien and I:leard of oeunt\'
commissioner at thoir eublic hearinQs.
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f Final subdivision plat or site development plan (SOP).
Submittal for a Praperty under sonsideratien fer a final
subdivision plat. includinq construction documents or site
development plan (SDPl within an area of
historical/archaeological probabilitv but not subiect to
subsections b, c. or e Off this section shallllave-include afl
historical/archaeoloqical survev and assessment prepared
bv a certified archaeoloqist. te be submitted by the
applicant with the final suesivisien plat and constructien
decument applisatien and is subject te rc'lie'.'" by the
Ceunty ManaCler or his desianoe. The preservation board
shall review the recommendations derived from the survev
and assessment Ceunty Manaqor er his dosiClnee's
recemmendatiens sori'led fram the re'liew of a survey and
assessment suemitted by tho applicant shall be
incorporated into the final subdivision plat and construction
document.
q. Silo eO'ieioomont pian (SOP). Prapertv unser
censisoralien fer an SDP within an area of
histerical!archaeeleqical preeabilit'l but not sueiect to
subsections b, c. o. or f . ., ef this soctien shall ha'lo an
histerical/archaooleClisal survov and assessment preparGd
by a certified archaeeleClist to be submitted ev tho
applicant with tho SDP applisation ans is subiest te ro',iew
ey tAO Ceunly ManaCler or desiClnee. Tho Ceuntv ManaClor
er desiClnee's recemmendatiens dorived from the roview of
a survev and assessment suemitles e'I the applicant shall
bo incerporatod inte the final SDPReserved.
h. Countv proiects. Countv-sponsored proiects, as defined in
article 6. which are located within an area of
historical/archaeological probabilitv shall have an
historical/archaeoloqical survev and assessment prepared
bv a certified archaeoloqist. The countv shall complv with
all recommendations outlined in the
historical/archaeoloqical survev and assessment. A copv of
the historical/ archaeoloqical survev and assessment shall
be provided to the preservation board members.
i. Aqricultural lands. Owners of aqricultural land within an
area of historical/ archaeoloqical probabilitv filinq a notice
of commencement application for active aqricultural
production shall be notified in writinq bv development
services staff that the land is in an area of
historical/archaeoloqical probabilitv
and that an historicallarchaeoloqical survev and
assessment prepared bv certified archaeologist is required.
Develepment servicos staff (preiect reviowlCountv
Manaqer or designee shall not issue a notice of
commencement until the historical/archaeoloqical survev
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and assessment has been completed. The propertv owner
shall adhere to all recommendations provided bv the
historical/archaeoloqical survev and assessment.
i. Waiver reauest. Properties located within an area of
historical/archaeoloqical probabilitv with low potential for
historicallarchaeoloqical sites mav petition the Countv
Manaqer eF-Ilisor desiqnee to waive the requirement for an
historical/archaeoloqical survev and assessment. The
waiver application shall be in a form provided bv the
communitv development services division. The Countv
Manaqer Gf-ffisor desiqnee shall review and act upon the
waiver request within five workinq davs of receivinq the
application. The waiver request shall adequatelv
demonstrate that the area has low potential for
historical/archaeoloqical sites. Justification shall include.
but not be limited to. an aerial photoqraph interpretation. a
description of historical and existinq land uses, and an
analvsis of land cover, land formation. and veCletation. The
Countv Manaqer ef-Aisor desiqnee mav denv a waiver.
qrant the waiver. or qrant the waiver with conditions. He
shall be authorized to require examination of the site bv an
accredited archaeoloqist where deemed appropriate. The
applicant shall bear the cost of such an evaluation bv an
independent accredited archaeoloqist. The decision of the
Countv Manaqer ef-Aisor desiClnee reqardinq the waiver
request shall be provided to the applicant in writinq. In the
event of a denial of the waiver request. written notice shall
be provided statinq the reasons for such denial. Anv partv
aqqrieved bv a decision of the Countv ManaCler Gf-ffisor
desiClnee reqardinq a waiver request mav appeal to the
preservation board. Anv partv aqqrieved bv a decision if
the preservation board reqardinq a waiver request mav
appeal that decision to the board of countv commissioners
utilizinq the procedure outlined in section k..
k. Previouslv completed survev and assessments. A survev
and assessment completed bv a certified archaeoloqist
prior to the enactment of this section which is in
accordance with the survev and assessment requirements
outlined in section m mav at the discretion of the propertv
owner be utilized to meet the requirements of this section.
The survev and assessment shall be provided to the
Countv ManaCler eF-Ilisor desiqnee and shall be subject to
the procedure as outlined in section a throuqh section i
above.
I. Historical/archaeoloaical survev and assessment
components. Historical/ archaeoloqical survevs and
assessments required bv this section shall be consistent
with accepted professional procedures and practices as
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outlined in the historic preservation compliance review
proqram of the Florida Department of State. Division of
Historical Resources: and Standards and Guidelines for
Archaeoloqv and Historic Preservation (48 FR 44716).
Subsections m and n shall become effective upon the
adoption, bv resolution. of the map of areas of
historical/archaeoloqical probabilitv bv the board of countv
commissioners.
m.. Survey and assessment components. Survevs and
assessments shall include at a minimum:
i. Title paqe;
ii. Table of centents:
iii. Report. title and authors:
iv. Statement of qualification for each author:
v. Description of the proiect location in terms of qeoloqic
and phvsioqraphic features, the environment. and
land use historv:
vi. Description of field and laboratorv methodoloqv:
vii. Description of sites located:
a) Siqnificance determination:
viii. Recommendations as to further assessment work.
site preservation. or mitiqation:
ix. Appendices:
a) Florida Master Site File forms.
n. Sianificance determination. A siqnificance determination of
specific sites as required bv subsection m. item vii. a. , of
this section is--teshall -be based on National Reqister of
Historic Places eliqibilitv criteria. as follows:
i. The qualitv or siqnificance in American historv.
architecture. archaeoloqv. enqineerinq and culture
is present in districts. sites. buildinqs. structures
and proiects that possess inteqritv of location.
desiqn. settinq, materials. workmanship: and
ii. That are associated with events that have made a
siqnificant contribution to the broad patterns of our
history: or
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iii. That are associated with the lives of persons
siqnificant in our past: or
iv. That embodv the distinctive characteristics of a
tvpe. period or method of a tvpe. period. or method
of [sic) construction. or that represent the work of a
master, or that possess hiqh artistic values. or that
represent a siqnificant and distinquishable entitv
whose components mav lack individual distinction:
.QL.
v. That have vielded. or mav be Iikelv to vield,
information important in prehistorv or history: or
vi. In addition. the importance of
historical/archaeoloqical resources to local. countv.
and state historv or prehistory shall be considered
in a siqnificance determination.
o. DesiGnation of historical/archaeoloGical sites. structures.
districts. buildinGs and orooerties.
p. In addition to the areas of historical/archaeoloqical
probabilitv outlined in section 2.2.25.2. specific sites.
districts. structures. buildinqs. and properties mav also be
desionated. Such desiqnation will be based on the
followinq criteria:
i. Association with distinctive elements of the cultural.
social, ethnic. political. economic, scientific,
reliqious, prehistoric and architectural history that
have contributed to the pattern of history in the
communitv. Collier Countv. the state or the nation:
or
ii. Association with the lives of persons siqnificant in
history: or
Iii. Embodiment of the distinctive characteristics of a
tvpe, period, method or materials of construction, or
that possess hioh artistic values. qualitv of desion
and craftsmanship. or that represent an individual
architect or builder's prominence or contribution to
the development of Collier Countv. Florida: or
iv. Location of historic or prehistoric activities such as
habitation, reliqious. ceremonial. burial. fortification.
etc., durinq a particular period of time. and mav
maintain a sufficient deqree of environmental
inteqritv to reflect some aspect of the relationship of
the site's oriqinal occupants to the environment: or
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v. An historic or prehistoric site which has been
severelv disturbed but which mav still allow useful
and representative data to be recovered: or
vi. Have vielded or are likelv to vield information on
local history or prehistory: or
vii. Derive their primary siqnificance from architectural
or artistic distinction of historical importance: or
viii. Is the birthplace or qrave of an historical fiqure or is
a cemetery which derives its primary siqnificance
from qraves of persons of transcendent importance.
from aqe, distinctive desiqn features, or from
association with historic events: or
ix. A buildinq or structure removed from its location
which is primarilv siqnificant for architectural value.
or is the survivinq structure most importantlv
associated with an historic period. person or event:
or
x. A proDertv primarilv commemorative in intent if
desiqn. aqe. tradition or svmbolic value has
invested it with its own historical siqnificance: or
xi. Are listed in the National Reqister of Historic
Places.
q. The desiqnation of specific sites, structures. buildinqs.
districts. and properties mav be initiated bv the
preservation board or bv the propertv owner. Upon
consideration of the preservation board's report. findinas.
and recommendations and upon consideration of the
criteria and quidelines set forth in section
203.07 E . the board of countv commissioners shall
approve, bv resolution. or denv a petition for historic
desiqnation. The application shall be in a form provided bv
the eommunitv sevelopment sClrviccs sivisionCountv
Manaqer or desiqnee. -Propertv owners of
record whose land is under consideration for desiqnation
initiated by the preservation board shall be provided two
notices by certified mail return receipt requested. at least
30 davs but no more than 45 davs prior to anv hearina
reqardina the historic desianation bv the preservation
board or the board of
countv commissioners. The first notice shall provide all
pertinent information reaardinq the desianation and the
preservation board's scheduled meetina date to consider
the site. The second notice shall indicate when the board
of countv commissioners will consider official desiqnation
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of the site. Notice of
public hearinq shall be advertised in a newspaper of
qeneral circulation 15 davs prior to the public hearinq for
the board of countv commissioners. Each desiqnated site.
district. structure. propertv or buildinq shall have a data file
maintained bv the preservation board. The file shall
contain at a minimum: site location: the historical. cultural.
or archaeoloqical siqnificance of the site: and the specific
criteria from this section qualifvinq the site. An official
listinq of all sites and properties throuqhout Collier Countv
that reflect the prehistoric occupation and historical
development of Collier Countv and its communities.
includinq information. maps. documents and photoqraphic
evidence collected to evaluate or substantiate the
desiqnation of a particular site. structure. buildinq. propertv
or district shall be maintained at the Collier Countv
Museum. The Collier Countv Museum shall coordinate
preservation and or restoration efforts for any
historical/archaeoloqical desiqnated buildinq. structure.
site. propertv. or district that is donated to or acquired bv
Collier Countv for public use.
r. Issuance of certificates of aoorooriateness. A certificate of
appropriateness shall be issued bv the preservation board
for sites desiqnated in accordance with subsection p
before issuance of permits bv de'lelellmeFlt servicesthe
countv to alter, excavate. relocate. reconstruct or demolish.
The certificate of appropriateness shall be issued prior to
the issuance of buildinq. tree removal. or demolition
permits.
s. A certificate of appropriateness shall also be issued prior to
the issuance of buildinq permits for new construction within
an historical/archaeoloqical district desiqnated in
accordance with subsection 2. P. to ensure harmonious
architectural desiqn and to preserve the inteqritv of the
historical/archaeoloqical district.
t. The application for certificate of appropriateness shall be in
a form provided bv the communitv development services
division. The completed application shall be provided to
the Countv Manaqer 20 davs prior to the reqular monthlv
meetinq of the preservation board who shall schedule the
application for consideration at the next reqularlv
scheduled meetinq. The preservation board shall meet and
act upon an application for a certificate of appropriateness
within 60 davs of receipt of the application from the
communitv development services division. The
preservation board shall approve the application. denv the
application. or approve the application with conditions.
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u. Ordinarv repairs and maintenance as defined in section
article 61.08.02 are not required to obtain a certificate of
appropriateness.
v. Criteria for issuance of a certificate of appropriateness
shall be the U.S. Secretary of the Interior's Standards for
Rehabilitation. 36 CFR 67 (1983). as amended. The
communitv development services division shall maintain
and make available to the public updated copies of the
Standards for Rehabilitation.
w. All decisions of the preservation board shall be in writinq
and include findinqs of fact. Notice of the decision shall be
provided to the applicant. and to the Countv Manaqer or
desiqneedevelesment soryices separtment (custemor
services manaQor and the sreiect re'lie'll services
m:maQer).
x. Anv partv aqqrieved bv a decision of the preservation board
mav appeal the decision as outlined in subsection qq.
v. Incentives. The followinq incentives mav be applicable to
specific sites, structures. districts. buildinqs and properties
desiqnated as archaeoloqicallv or historicallv siqnificant
pursuant to section o.
Z. Financial assistance. Historical/archaeoloqical desiqnated
sites. districts, structures. buildinQs. and properties as
provided in section p shall be eliqible for anv financial
assistance set aside for historic preservation proiects bv
Cellier Ceuntv. the State of Florida or the federal
qovernment. provided thev meet the requirements of those
financial assistance proqrams.
aa. Tax credits. The preservation board shall encouraqe and
assist in the nomination of eliqible income-producinq
properties to the National Register of Historic Places in
order to make available to those propertv owners the
investment tax credits for certified rehabilitations pursuant
to the Tax Reform Act of 1986 and anv other proqrams
offered throuQh the National Reqister.
bb. BuildinG code. Historicallarchaeoloqical sites. districts.
structures. buildinqs. and properties desiqnated pursuant
to subsection 0 mav be eliqible for administrative variances
or other forms of relief from applicable buildinq codes as
follows:
cc. Reoairs and alterations. Repairs. alterations and additions
necessary for the preservation. restoration. rehabilitation or
continued use of a buildinq or structure mav be made
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without conformance to the technical requirements of the
Standard Buildinq Code when the proposed work has been
issued a certificate of appropriateness bv the preservation
board and approved bv the Countv Manaqer eF---Ilisor
desiqnee. pursuant to the authority qranted to the Countv
Manaqer or hisor desiqnee
bv other divisions or statutes and further provided that:
I. The restored buildinq will be no more hazardous
based on consideration of life. fire and sanitation
safetv than it was in its oriqinal condition.
ii. Plans and specifications are sealed bv a Florida
reqistered architect or enqineer. if required bv the
buildinq official
iii. The Countv Manaqer er hisor desiqnee has
required the minimum necessary correction to be
made before use and occupancv which will be in
the public interest of health, safetv and welfare.
dd. Zonina ordinance. The Countv Manaqer or desiqnee mav.
bv written administrative decision. approve anv variance
request for anv desiqnated historical/archaeoloqical site.
district. structure, buildinq and propertv pursuant to section
q which has received a certificate of appropriateness from
the preservation board for matters involvinq setbacks, lot
width. depth, area requirements. land development
requlations. heiqht limitations. open space requirements.
parkinq requirements. and other similar zoninq variances
not related to a chanqe in use of the propertv in question.
In addition, contributinq proiects as defined in section
article 61.08.02 are eliqible for administrative zoninq
ordinance variances.
i. Before qrantinq an administrative variance the
Countv Manaqer or desiqnee must find:
a) That the variance will be in harmonv with
the qeneral appearance and character of
the communitv.
b) That the variance will not be iniurious to the
area involved or otherwise detrimental to
the public health. safetv or welfare.
c) That the proposed work is desiqned and
arranqed on the site in a manner that
minimizes visual impact on the adiacent
properties.
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ii. In qrantinq anv variances. the Countv Manaqer or
Ili&---desiqnee mav prescribe anv appropriate
conditions necessary to protect and further the
interest of the area and abuttinq properties.
includinq but not limited to:
a) Landscape materials. walls and fences as
required bufferinq.
b) Modifications to the orientation of points of
inqress and eqress.
c) Modifications of site desiqn features.
ee. aDen sDace. Historical/archaeoloqical resources that are to
be preserved mav be utilized to satisfv required setbacks.
buffer strips or open space UP to the maximum area
required bv development requlations. Conservation of such
historic or archaeoloqical resources shall qualify for anv
open space requirements mandated bv the development
requlations.
ft. Densitv calculations. Acreaqe associated with
historical/archaeoloqical resources preserved within the
boundaries of a proiect shall be included in calculatinq the
proiect's permitted densitv.
qq. ADDeal. Anv partv aqqrieved bv a decision or interpretation
of this division made bv the Countv Manaqer or the
preservation board shall have the riqht to appeal said
interpretation. decision or denial to the board of countv
commissioners bv filinq a written notice of appeal with the
Countv Manaqer within 30 workinq davs from the date of
such decision. interpretation. or denial. The Countv
Manaqer shall provide the board of countv commissioners
with a copv of said notice of appeal. The notice of appeal
shall be provided to the applicant bv certified nail, return
receipt requested, and shall state the decision which is
beinq appealed. the qrounds for the appeal. and a brief
summary of the relief which is souqht. Within 30 workinq
davs of the date of filinq the appeal. or the first reqular
countv commission meetinq which is scheduled, whichever
is latest in time, the board of countv commissioners shall
hear the appeal and issue a final decision. Nothinq
contained herein shall preclude the countv commissioners
from seekinq additional information prior to renderinq a
final decision..
hh. DisGo'ie.'Y or 3GGiooAta! diswreaAGO ef
nisloriG3I1arGnaee!f)f'liGa! sites BAd fJreeerties riuFiFlf'l
GOAstrUGtioAReserved.
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ii. Discoverv or accidental disturbance of
historical/archaeo/oaical sites and properties durina
construction. If, durinq the course of site c1earinq.
excavation or other construction activitv. an historic or
archaeoloqical artifact. or other indicator is found, all
development within the minimum area necessary to protect
the discovery shall be immediatelv stopped and the
followinq procedures shall be followed:
a) The Countv Manaqer or Ilis--desiqnee and
ceAlsliance services code enforcement shall be
contacted.
b) Countv Manaqer or desiqnee Cemsliance services
shall officiallv notifv the propertv owner/developer
of the discovery within 24 hours and shall issue a
stop work order.
c) A certified archaeoloqist contracted bv the propertv
owner/developer shall determine whether the
discoverv site requires further investigation based
upon the size and distribution of this site. depth of
deposits. soil tvpe. veqetation. and topoqraphv.
i) If the site requires further investiqation. the
certified archaeoloqist shall cordon off the
identified area. at a point ten feet from the
perimeter of the discovery site.
ii) If the discovery site does not require further
investigation, construction activitv mav
resume after authorization bv a certified
archaeoloqist.
d) The certified archaeologist shall make
recommendations for the treatment of accidental
discoveries based on standards outlined in the
"Treatment of Archaeoloqical Properties" in
accordance with 36 CFR part 800. as amended.
These recommendations shall be considered for
incorporation into the applicable local development
order.
e) The certified archaeoloqist shall expeditiouslv
assess the cordoned-off area and determine
whether it is siqnificant based on criteria outlined in
section n.
i) If the identified area is determined to be
siqnificant. an historical/ archaeoloqical
survev and assessment shall be prepared
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bv a certified archaeoloqist for the entire
proiect if one has not been completed as
required bv this division. The certified
archaeoloqist's recommendations derived
from his survev and assessment shall be
considered for incorporation into the
applicable local development order. If an
historical/archaeoloqical survev and
assessment has been prepared in
accordance with section m and section n,
the recommendations shall be modified and
incorporated into the local development
order to reflect the additional site(s).
ii) If the identified area is determined not to be
siqnificant. a preliminarv survev of the entire
proiect shall be conducted bv a certified
archaeoloqist. Anv sites determined to be
siqnificant durinq the preliminarv survev
shall be subject to requirements in section
E. Construction activitv within the cordoned-
off area mav continue after all necessary
artifacts and indicators have been recorded
and upon authorization bv a certified
archaeoloqist.
f) The certified archaeoloqist shall prepare a report
outlininq the results of his assessment and provide
a copv to the Countv Manaqer 9f-flisor desiqnee.
The Countv Manaqer er hisor desiqnee shall
provide a copv of the report to the preservation
board members.
q) Land areas in close proximitv to the discovery site
deemed to have historical/archaeoloqical
siqnificance based on the criteria in section n shall
be considered bv the preservation board for
addition to the map of areas of
historical/archaeoloqical probabilitv.
II. Discovery of historical or archeoloqical sites and orooerties
durinq site insoection. If. durinq a proiect review site
inspection. an historic or archaeoloqical site. siqnificant
artifact. or other indicator is found. the followinq
procedures shall be implemented.
i. The proiect review staff shall cordon off the
immediate area and contact the Countv Manaqer Gf
Ilisor desiqnee.
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ii. The identified area shall be further cordoned off at a
point ten feet from the perimeter of the discovery
site as identified bv a certified archaeoloQist.
contracted bv the propertv owner/developer.
iii. The certified archaeoloqist shall assess the
identified area and determine whether it is siqnificant
based on criteria outlined in subsection n.
a) If the identified area is determined to be
siqnificant. an historical/ archaeoloQical
survev and assessment for the entire
proiect shall be prepared bv a certified
archaeoloQist if one has not been completed
as required bv this division.
Recommendations derived from the
historical/archaeoloqical survev and
assessment shall be considered for
incorporation into the applicable
development order. If an
historical/archaeoloqical survev and
assessment has been prepared in
accordance with section E, the
recommendations shall be modified and
incorporated into the local development
order to reflect the additional areas.
b) If the identified area is determined not to be
siqnificant. the certified archaeoloqist shall
complete a preliminarv survev of the entire
site. Anv areas determined to be siqnificant
durinQ the preliminarv survev shall be
subiect to the requirements detailed in
section ii. item iii.a.
iv. Land areas in close proximitv and encompassinq
areas deemed to have historical/archaeoloqical
siqnificance based on criteria in subsection n shall
be considered bv the preservation board for
addition to the map of areas of
historicallarchaeoloqical probabilitv.
v. The certified archaeoloQist shall prepare a report
outlininq the results of his assessment and provide
a cOPV to the Countv Manaqer ef-Risor desiqnee.
The Countv Manaqer or hisor desiqnee shall
provide a cOPV of the report to the preservation
board members.
kk. Willful disturbance of historical/archaeoloaicallv sianificant
sites. districts. structures. buildinas. and properties. Willful
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lootinq, pillaqinq. vandalizinq or desecration. as defined bv
this division, of historical/archaeoloqicallv siqnificant sites.
districts. structures. buildings. and properties constitutes a
violation of section Epunishable as described in subsection
00.
II. Willful disturbance of an unmarked burial or burial site. It is
a violation of section E for anv person to willfullv and
knowinqlv disturb an unmarked burial or burial site. or
destrov. mutilate. deface. iniure or remove anv burial
mound. earthen or shell monument containinq human
skeletal remains or associated burial artifacts or other
structures or items placed or desiqned for a memorial. or to
disturb the contents of a tomb or qrave or for anv person to
have knowledge that an unmarked human burial is being
disturbed. vandalized. or damaqed and to fail to notifv the
local law enforcement aqencv with iurisdiction in the area.
Such actions mav also be punishable as a felonv pursuant
to F.S. ch. 872. as amended.
mm. Aooeals. Anv partv aqqrieved bv a decision or
interpretation of this di'lisien requlation made bv the
Countv Manaqer or the preservation hoard shall have the
right to appeal said interpretation. decision or denial to the
board of countv commissioners bv filinq a written notice of
appeal with the Countv Manaqer within 30 workinq days
from the date of such decision. interpretation. or denial.
The Countv Manaqer shall provide the board of countv
commissioners with a copv of said notice of appeal. The
notice of appeal shall be provided to the applicant bv
certified mail, return receipt requested. and shall state the
decision which is beinq appealed, the qrounds for the
appeal, and a brief summary of the relief which is souqht.
Within'30 workinq davs of the date of filinq the appeal, or
the first regular countv commission meetinq which is
scheduled, whichever is latest in time. the board of countv
commissioners shall hear the appeal and issue a final
decision. Nothinq contained herein shall preclude the
countv commissioners from seeking additional information
prior to renderinq a final decision.
nn. Jurisdiction. Section E shall applv to all unincorporated
areas of Collier Countv. Florida.
00. Penalties. A violation of the provisions of section E shall
constitute a misdemeanor and shall be prosecuted in the
name of the state in the countv court bv the prosecuting
attornev. and upon conviction shall be punishable bv civil
or criminal penalties includinq a fine of not more than
$500.00 per violation per dav for each dav the violation
continues or whatever reasonable amount as a iudqe mav
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feel appropriate and includinq a requirement that anv work
or development performed contrary to section E must be
removed and the propertv returned to its condition at
commencement of said action. The board of countv
commissioners shall have the power to collaterallv enforce
the provisions of section E bv appropriate iudicial writ of
proceedinq notwithstandinq anv prosecution as a
misdemeanor.
State law reference--Penaltv for ordinance violations. F.S. & 125.69.
COrd. No. 92-73. & 2; Ord. No. 94-58. & 3.10-21-94)
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LDC Amendment Request
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Carolina Valera, Principal Planner
DEPARTMENT:
Comprehensive Planning
AMENDMENT CYCLE: Cycle 2, 2007
LDC PAGE: LDC2:45
LDC SECTION(S): 2.03.07.H
CHANGE: Amend the text description of Santa Barbara Commercial Overlay (SBCO)
boundary to reflect the past boundary expansion.
REASON: The boundaries of the Santa Barbara Commercial Subdistrict in the Golden
Gate Area Master Plan of the Growth Management Plan (GMP) were amended
(expanded) in October 2004, by Ordinance No. 2004-71, as recommended by the Golden
Gate Area Master Plan Restudy Committee. Subsequently, the SBCO map in the Land
Development Code was amended to reflect the expanded boundary. However, the
corresponding text was not revised.
FISCAL & OPERATIONAL IMPACTS: N/A
RELATED CODES OR REGULATIONS: Santa Barbara Commercial Subdistrict in
the Golden Gate Area Master Plan of the GMP.
GROWTH MANAGEMENT PLAN IMPACT: This amendment aids In the
implementation of the Santa Barbara Commercial Subdistrict.
OTHER NOTESNERSION DATE: August 30, 2007
Amend the LDC as follows:
2.03.07 Overlay Zoning Districts
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H. Santa Barbara Commercial Overlay District "SBCO"- Speci~lconditi~nsfor
properties~buWng the east side of Santa Barbara Boulevard 8IlCl'the'WestisK:le
of55th'Weri-ace:.S.W., as referenced in the Santa Barbara Commercial Subdistrict
Map (Map 7) of the Golden Gate Area Master Plan. This is referenced as figure
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2.03.07 H. below.
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4. These regulations apply. t~prop~rtie~. abuttin~ th~.. .e~st . side of Santa
Barbara Boulevard anotl'leWElSt'SKie"Of,55th"merraeei.S,W" lying north of
27th Court SW and south of 22~dPlac~S.vv,allin<30Iden Gate City,
and consisting of approximately twetltV'~twO'~22~.!l~'/Elan:1) acres. These
properties are identified on Map 7 of the Golden Gate Area Master Plan.
Except as provided in this regulation, all other use, dimensional, and
development requirements shall be as required or allowed in the
underlying zoning categories.
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LDC Amendment Request
ORIGIN: Community Development and Environmental Services Division
AUTHOR: Dave Scribner/Sharon Dantini
DEPARTMENT: Code Enforcement
AMENDMENT CYCLE: Cycle 2, 2007
LDC PAGE: LDC 5:4 and LDC 5.5
LDC SECTION(S): 5.03.02(A)
CHANGE: 5.03.02 Fences and Walls Section A to include permitting requirements
for fences.
REASON: Codification of 04-41 omitted specific language regarding the requirement
to obtain a permit when building a fence or wall.
Permit requirements according to LDC Section 1O.02.06(B)(1)(a) requires a permit for
structures or buildings. "Fences" do not fit the definition of "building" or "structure"
according to the LDC Section 1.08.02, Definitions, and in fact, the current definition of
structure specifically excludes fences and walls.
Code Enforcement has identified possible legal issues of enforcement pertaining to the
requirement of the submission of a building permit for fences using the Land
Development Code.
Approval of Ordinance 2002-01 adopted the Florida Building Code and Code
Investigative staff currently cites the Florida Building code reference that requires a
building permit for all structures when enforcing fence permit issues. The Florida
Building Code definition of structure is a more broad definition and so includes fences
and walls.
Adding the permit requirement back into the fence section of the LDC will be less
confusing to the public with regard to this requirement, in that they will be able to access
one code reference
FISCAL & OPERATIONAL IMPACTS: Minimal. Code Enforcement is currently
enforcing fence permitting issues by citing the Florida Building Code which has a
broader definition of a structure. However, the change should provide easier public
access to code references and ultimately a better understanding of code requirements.
This pro-active approach to educating the public leads to voluntary compliance, which is
Code Enforcement's goal.
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RELATED CODES OR REGULATIONS: LDC 1.08.02 Definitions, Building,
Structure; 1O.02.0l(B)(1)(a) Submittal Requirement for Permits; and Florida Building
Code
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE: Revision date 8/23/07
Amend the LDC as follows:
5.03.02 Fences and Walls
A. All districts.
1. Whenever a property owner elects to construct a chain link fence,
pursuant to the provisions herein, adjacent to an arterial or collector
road in the urban coastal area, shall not be located closer than three (3)
feet to the right-of-way or property line, and said fence shall be screened
from view by planting a hedge of living plant material at a minimum of
thirty (30) inches in height and spaced a distance apart that will achieve
an opacity of eighty (80) percent sight-obscuring screen within one (1)
year of planting. An irrigation system shall be installed to ensure the
continued viability of the hedge as a visual screen of the chain link fence.
This regulation shall not apply to single-family homes.
a. Structures subject to section 5.05.08 Architectural & Site Design
Standards must comply with the following additional fencing
standards:
i. Chain link and wood fences are prohibited forward of the
primary facade and must be a minimum of 100 feet from a
public right-of-way. Chain link and wood fencing facing a
public or private street must be screened with an irrigated
hedge planted directly in front of the fence on the street
side. Plant material must be a minimum of three gallon in
size and planted no more than three feet on center at time
of installation. This plant material must be maintained at no
less than three-quarters of the height of the adjacent fence
(See Illustration 5.03.02 A.1.a. - 1).
ii. Fences forward of the primary facade, excluding chain link
and wood are permitted under the following conditions:
(a) Fences must not exceed four feet in height.
(b) The fence provides either an open view at a
minimum of 25 percent of its length or provides
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variation in its height for a minimum of 15 percent
of its length with a deviation of at least 12 inches.
(c) The fence style must complement building style
through material, color and design.
2. All fences and walls shall be of sound construction and shall not detract
from the public health, safety, and welfare of the general public.
3. All fences and walls shall be maintained in a manner that will not detract
from the neighborhood or community.
4. Barbed wire is authorized within agricultural, commercial, industrial
districts and on fences surrounding raw water wells in all districts. Razor
or concertina wire is not permitted except in the case of an institution
whose purpose is to incarcerate individuals, i.e., a jailor penitentiary, or
by appeal to the BZA.
5. No fence or wall within any district shall block the view of passing
motorists or pedestrians so as to constitute a hazard.
6. Fences and walls shall be constructed of conventional building materials
such as, but not limited to, concrete block, brick, wood, decorative iron or
steel, and chain link.
7. Fences and walls shall be constructed to present the finished side of the
fence or wall to the adjoining lot or any abutting right-of-way_ If a fence,
wall, or continuous landscape hedge exists on the adjoining parcel, this
provision may be administratively waived where said request has been
requested in writing.
8. When determined to be beneficial to the health, safety, and welfare of the
public, the County Manager or designee may approve an administrative
variance from height limitations of fences and walls in all districts provided
that at least one (1) health, safety, or welfare standard peculiar to the
property is identified, and that such approval does not set an unwanted
precedent by addressing a generic problem more properly corrected by
an amendment to this Code.
9. Existing ground levels shall not be altered for the purpose of increasing
the hei ht of a pro osed wall or fence except as provided for within
section
10. All fences and walls shall require a buildinQ permit pursuant to
.section 10.02.06" unless specificallv exempted in this section of
the Land Development Code.
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LDC Amendment Request
ORIGIN: Engineering Services
AUTHOR: Robert C. Wiley
DEPARTMENT: Engineering Services
AMENDMENT CYCLE: Cycle 2, 2007
LDC PAGE: LDC6:IS
LDC SECTION(S): 6.02.00 Adequate Public Facilities
CHANGE: Correct a typographical error in the LDC that occurred during re-
codification.
REASON:
FISCAL & OPERATIONAL IMPACTS:
RELATED CODES OR REGULATIONS:
GROWTH MANAGEMENT PLAN IMPACT:
OTHER NOTESNERSION DATE: Created August 31, 2007.
Amend the LDC as follows:
6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS
6.02.01 Generally
A. This section is intended to implement and be consistent with the GMP, S
163.3161 et seq., F.S., and the Florida Administrative Code, by ensuring that all
development in the County is served by adequate public facilities. This objective
is accomplished by the following:
1. Establishing a management and monitoring system to evaluate and
coordinate the timing and provision of the necessary public facilities to
serve development.
2. Establishing a regulatory program that ensures that each public facility is
available to serve development concurrent with the impacts of
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development on the public facilities.
3. No approval of the final subdivision plat, improvement plans, or
authorization to proceed with construction activities in compliance with the
same shall require the County to issue a development order or building
permit if it can be shown that issuance of said development order or
building permit will result in a reduction in the level of service for any
public facility below the level of service established in the GMP, or if
issuance of said development order or building permit is inconsistent
with the GMP. Anything in this section to the contrary notwithstanding, all
subdivision and development shall comply with the Collier County
requirements for adequate public facilities.
B. Procedures for determinations of vested rights for adequate public facilities are
set forth in Chapter 10.
C. Procedures for applications for certificates of public facility adequacy are set forth
in Chapter 10.
D. For the purposes of this section only. the following terms are defined as follows:
1. Capital
for, ort
necessa
2. Capital drainaqe facilities: The planninq of, enqineerinq for. acquisition of
land for, or the construction of drainaqe and water manaqement facilities
necessarv for proposed development to meet the LOS for drainaqe
facilities.
~~. Capital road facilities or capital road improvement means and will include
transportation planning for, engineering of, right-of-way acquisition for,
and construction of any project eligible for inclusion as a road project in
the road component of the (CIE) of the GMP or the Five-Year FDOT Work
Program.
~. Capital potable water facilities mean the planning of, engineering for,
acquisition of land for, or construction of potable water facilities necessary
to meet the LOS for potable water facilities.
4Q. Capital sanitary sewer facilities mean the planning of, engineering for,
acquisition of land for, or construction of sanitary sewer facilities
necessary to meet the LOS for sanitary sewer facilities.
6Q. Capital solid waste facilities mean the planning of, engineering for,
acquisition of land for, or construction of solid waste facilities necessary
to meet the LOS for solid waste facilities.
eZ- Comprehensive plan means a plan that meets the requirement of ~~
163.3177 and 163.3178, F.S., and shall mean the GMP, where
referenced in this section.
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~. Constrained facilities are those road facilities which have been so
designated by action of the BCC upon the recommendation of the County
Manger or designee once it has been determined that the road facility will
not be expanded by two or more through lanes due to physical,
environmental, or policy constraints,
g~. Physical constraints exist when intensive land use development is
immediately adjacent to existing through lanes making road facility
expansion cost prohibitive, or when a road facility has reached the
maximum through lane standards acceptable the to the county. For
county maintained facilities, the maximum through lane standard for a
road facility will be no greater than six through lanes with allowances for
auxiliary or service lanes as deemed operationally necessary. For state
maintained facilities, the maximum through lane standard will be as
designated by the FDOT.
910. Environmental and policy constraints exist when decisions are made not
to expand a road facility based on environmental, historical,
archeological, aesthetic or social impact considerations. Policy
constraints are artificial barriers to road facility expansions based on
environmental or political realities within a community. Unlike physical
constraints, however, these barriers to road facility expansion can change
over time, as needs and community goals change.
4011. Deficient road segment means a county or state road segment on the
major road network system that is operating below its adopted (LOS)
standard as determined by roadway service volumes calculated by the
County Manager or designee.
~12. Transportation Concurrency Management System means a "real time"
concurrency system that tracks and allocates the available roadway
capacity on a continuous basis with quarterly status reports to the Board.
Trips generated from proposed developments will be added to the trips
approved to date and the existing background traffic counts to determine
if there is available capacity for each new development to be approved,
in whole or part, as proposed development plans are submitted.
~~. Proportionate share payment means a payment by a developer to Collier
County to be used to enhance roadway operations, mass transit
operations or other non-automotive transportation alternatives.
6.02.02 Management and Monitoring Program
A. Generally. In order to implement the mandate of the GMP to ensure that
adequate potable water, sanitary sewer, solid waste, drainage, park, and road
public facilities are available to accommodate development in the County
concurrent with the impacts of development on such public facilities, the BCC
establishes, pursuant to the terms of this section: (1) a management and
monitoring program that evaluates the conditions of public facilities to ensure
they are being adequately planned for and funded to maintain the LOS for each
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public facility, and (2) a regulatory program that ensures that each public facility
is available to serve development orders which are subject to the provisions of
this section.
B. Annual update and inventory report on public facilities. The County Manager or
designee shall complete an annual update and inventory report on public
facilities (AUIR). The AUIR shall include an analysis of the existing conditions of
all capital potable water, capital sanitary sewer, capital solid waste, capital
drainage, capital park, and capital road public facilities; summarize the available
capacity of these capital improvements (public facilities) based on their LOS;
forecast the capacity of existing and planned public facilities identified in the five
(5) year capital improvement schedule for each of the five (5) succeeding years,
and ten (10) succeeding years for solid waste landfill capacity; and identify new
projects needed to maintain or restore adopted LOS. The forecasts shall be
based on the most recently updated schedule of capital improvements and
Capital Improvements Plan (CIP) or Master Plan for each public facility. The
AUIR shall be based on the most recent University of Florida bureau of economic
and business research (BEBR), or BEBR influenced Water and Sewer Master
Plan, population projections, updated public facility inventories, updated unit
costs and revenue projections, and analysis of the most recent County traffic
data. The findings of the AUIR shall form the basis for the preparation of the next
annual update and amendment to the CIE, the determination of any area of
significant influence (ASI), and the review and issuance of development orders
subject to the provisions of this section during the next year.
C. Annual determination of adequate "Category A" public facilities (concurrency).
The County Manager or designee will annually present the AUIR to the BCC,
identifying deficiencies or potential deficiencies in potable water, sewer, sold
waste, drainage, parks, and roads public facilities and remedial action options
including, but not limited to, the following:
1. Establishment of an ASI;
2. Public facility project additions to the financially feasible CIE;
3. Establish interim development controls in affected service areas
pending:
a. Lowering of LOS via GMP amendment;
b. Inclusion of necessary publiC facility projects in the next
adopted annual budget and next annual CIE update and
amendment;
c. Approval of new or increased revenue sources for needed
public facility projects by the BCC, the state legislature, or
the County voters; or
d. Private development improvements guaranteed by an
enforceable development agreement.
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D. The findings of the AUIR, once approved by the BCC, will form the basis for the
preparation of the next annual update and amendment of the CIE and the annual
determination of deficient or constrained "Category A" facilities. The AUIR will
identify additional projects and funding for inclusion in the Schedule of Capital
Improvements and the Costs and Revenues Schedule of the CIE needed to
maintain or restore adopted LOS for all "Category A" facilities for the next five (5)
years. The BCC shall provide direction to update and amend the ClE to include
projects and revenues (within the first or second years for roads) needed to
maintain or restore adopted LOS. Said direction shall constitute a finding of
concurrent "Category A" facilities, except roads, for the review and issuance of
development orders subject to the provisions of this section until the
presentation of the next AUIR, except for any ASI designated areas or other
areas subject to interim development controls. In addition to identifying needed
capacity expansion projects and revenues for inclusion in the next CIE update,
the road facilities component of the AUIR will include an audit and update of the
capacity balances in the Transportation concurrency Management System
database. The update shall factor in all such development approvals since the
previous AUlR that generate trips along each road segment and the effect of
capacity expansion projects included in the financially feasible Schedule of
Capital Improvements of the CIE The AUIR shall be the annual baseline of an
ongoing, real-time concurrency determination for roads.
E. Recommendations on the annual CIE update and annual budget. Based upon
the prior calendar year's AUIR analysis and BCC direction, the County Manger or
designee shall recommend to the Planning Commission and the BCC an annual
update and amendment to the CIE as part of the annual GMP amendment cycle.
The recommendation will include the proposed financially feasible public facilities
Schedule of Capital Improvements needed to maintain or restore adopted LOS
standards as well as recommendations for the annual budget, projects, and
suggested funding sources.
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6.02.04 Drainage Facility Level of Service Requirements
A. The LOS for capital access drainaqe facilities varies among new or existing
capital access drainaQe facilities owned or operated by a local government or
other publiC entity, existing capital access drainaqe facilities owned or operated
by private persons, and new capital drainaQe facilities owned or operated by
private persons.
1. For those capital access drainaqe facilities (publicly or privately owned)
that are in existence on the effective date of this section and for those
new capital access drainaqe facilitv owned or operated by a local
government or other public entity, the LOS is the existing LOS as
identified (by design storm return frequency event) in the Collier County
Water Management Master Plan.
2. For new capital access drainaqe facilities owned or operated by private
persons, the LOS is identified in the GMP.
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B. Determination of public facility adequacy for 3GG9SS drainaqe facilities shall be
granted if the proposed development has a drainage and water management
plan that has been approved by the County Manager o[f=designee as meeting the
LOS for Gfapital aGGess drainaqe facilities.
6.02.05 Park and Recreation Facility Level of Service Requirements
A. The LOS for capital park and recreation facilities means 2.9412 acres per 1,000
persons for regional park land; 1.2882 acres per 1,000 persons for community
park land; and $240.00 of capital investment per capita (at current cost) for
recreational facilities.
B. Determination of public facility adequacy for park and recreation facilities shall be
based on the following:
1. The required public facilities are in place at the time a final site
development plan, final subdivision plat, or building permit is issued.
2. The required public facilities are under construction at the time a final site
development plan, final subdivision plat, or building permit is issued.
3. The required public facilities are the subject of a binding contract
executed for the construction of those public facilities that provides for the
commencement of actual construction within one (1) year of issuance of a
final site development plan, final subdivision plat, or building permit.
4. The required public facilities are guaranteed in an enforceable
development agreement that includes the provisions of subsections
6.02.05 B.1., 6.02.05 B.2., and 6.0205 B.3.
6.02.06 Potable Water Facility Level of Service Requirements
A. The LOS for capital potable water facilities varies between public water systems
and private water systems.
1. For the Collier County Water and Sewer District, the LOS is 185 gallons
per capita per day (GPCD).
2. For the Goodland Water District, the LOS is 163 GPCD.
3. For the City of Naples unincorporated service area, the LOS is 163
GPCD.
4. For the Everglades City unincorporated service area, the LOS is 163
GPCD.
5. For independent districts and private potable water systems, the LOS is
the sewage flow design standards as identified in Policy 1.3.1 of the
Potable Water Sub-Element of the GMP, except that approved private
wells are exempt from these LOS requirements.
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B. Determination of public facility adequacy for potable water facilities shall be
based on the following:
1. The required public facilities are in place at the time a final site
development plan, final subdivision plat, or building permit is issued.
2. The required public facilities are under construction at the time a final site
development plan, final subdivision plat, or building permit is issued.
3. The required public facilities are guaranteed in an enforceable
development agreement that includes the provisions of subsections
6.02.06 B.1. and 6.02.06 B.2. of the LDC.
6.02.07 Sanitary Sewer Facility Level of Service Requirements
A. The LOS for capital sanitary sewer facilities varies between public sanitary sewer
systems and private sanitary sewer systems. The LOS for the North Sewer Area
is 145 GPCD. The LOS for the South Sewer Area is 100 GPCD. The LOS for the
City of Naples unincorporated sewer service area is 121 GPCD.
B. The LOS for independent districts and private sanitary sewer systems is the
sewage flow design standards identified in Policy 1.2.1 of the Sanitary Sewer
Sub-Element of the GMP, as required by the State of Florida. Approved private
septic systems are exempt from these LOS requirements.
C. The determination of public facility adequacy for sanitary sewer facilities shall be
based on the following:
1. The required public facilities are in place at the time a final site
development plan, final subdivision plat, or building permit is issued.
2. The required public facilities are under construction at the time a final site
development plan, final subdivision plat, or building permit is issued.
3. The required public facilities are guaranteed in an enforceable
development agreement that includes the proviSions of subsections
6.02.07 C.1. and 6.02.07 C.2.
6.02.08 Solid Waste Facility Level of Service Requirements
A. The LOS for capital solid waste disposal facilities is two (2) years of
constructed lined cell capacity at the average disposal rate for the previous five
(5) years, and ten (10) years of permittable landfill capacity at the average
disposal rate for the previous five (5) years.
B. The determination of public facility adequacy for solid waste disposal facilities
shall be based on the following:
1. The required public facilities are in place at the time a final site
development plan, final subdivision plat, or building permit is issued.
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2. The required public facilities are under construction at the time a final site
development plan, final subdivision plat, or building permit is issued.
3. The required public facilities are guaranteed in an enforceable
development agreement that includes the provisions of subsections 1.
and 2. above.
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LDC Amendment ReQnest
ORIGIN: CDES - Zoning Department
AUTHOR: Catherine Pabacher
DEPARTMENT: Zoning
AMENDMENT CYCLE: Cycle 1, 2007
LDC PAGE: LDC5:26
LDC SECTION(S): 5.04.07 Annual Temporarv Use Permits for Outdoor Servin!! Areas
CHANGE: Add requirement for temporary use permit for outdoor dining areas for
restaurants which is to be approved by the Board of County Commissioners on an annual
basis.
REASON: In order to promote a healthy relationship and minimize health, safety and
welfare issues between nearby businesses, the establishment's customers and the
surrounding property owners.
FISCAL & OPERATIONAL IMPACTS: Cost of application fee to applicant should
be borne by applicant and should be of a sufficient amount to cover the cost of processing
the applications. At this point the estimated fee is approximately $300.00. The petitioner
will be required to pay for advertising costs which are approximately $1.00 per property
owner notified and the cost of posting a sign in front of the business which is
approximately $800.-$1,2000. Renewal fees for advertising will be a flat fee for a one-
time ad in a local newspaper as stated in the County's fee resolution.
RELATED CODES OR REGULATIONS:
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE: March 19, 2007;
Amend the LDC as follows:
5.04.07 Annual Temporarv Use Permits for Outdoor ServinQ Areas
For purposes of applvinq this subsection the followinq definitions shall applv:
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1:\07 Amend the lDC\2007.Cycle 1\Revised after DSAC\5.04.Q7 temporary outdoor dining permits 050707 SMl.doc1l14/200B
1. "License" means authorization under the laws of Collier Countv to
carry on the trade or business specified therein:
2. "Outdoor servino area' means anv area on private propertv which
is licensed by the Countv tax collector to serve alcohol or food or
both and is used bv a business for the servinq or consumption of
food. beveraqes or refreshments which is not enclosed within a
buildino structure or is exposed to the outdoors:
3. "Opaque barrier" shall mean a barrier which does not permit the
transmission of liqht throuoh its structure:
4. "Owner" means a person who alono or with others has the riqht to
possess or occuPV an outdoor servinq area and includes a lessee
of an outdoor servino area or a premises on which an outdoor
servinq area is located:
5. "Operator" means a person who alonq or with others operates,
manaoes. supervises, runs or controls an outdoor servinq area:
6. "Person" includes an individual. a corporation and the heirs.
executors. administrators or other leqal representatives of a
person to whom the context can applv accordinq to law.
7. "Translucent" barrier shall mean a barrier which will permit the
transmission of lioht throuqh its structure.
8. "Temporary use permit" shall mean a temporary permit reouired
bv and which is issued bv the Board of Countv Commissioners to
operate an outdoor servinq area.
A. General
1. No person shall own or operate an outdoor servinq area in excess
of 25 seats within the unincorporated area of Collier Countv
without obtainino a temporary use permit annuallv in accordance
with the provisions of these codes.
2. Anv temporary use permit issued under this code shall expire on
December 31st in the vear it is issued.
3. The Board of Countv Commissioners shall make the final
determination as to whether or not to approve. denv. revoke or
approve with conditions anv temporary use permit pertaininq to
outdoor servinq areas.
4. New permits mav be approved bv the Board of Countv
Commissioners durinq any reqularlv scheduled public hearino
however renewal hearinqs shall be conducted onlv durino the
month of October to determine whether or not to approve requests
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for all prior approved temporary use permits for outdoor servinq
areas which are due to expire December 31st of that same vear.
5. No person shall eniov a vested riqht in the continuance of an
approved temporarv use permit or a license and the value of the
temporary use permit shall be the propertv of the Countv and shall
remain so irrespective of the issue, renewal or revocation thereof.
6. An approved temporary use permit shall be transferred if the
owner sells. leases or otherwise disposes of his outdoor servinq
area or the premises or part thereof upon or in which the outdoor
servinq area is operated. to anv person bv filinq a the appropriate
transfer application to the Zoninq Department. Transfers shall be
administrativelv approved.
B. Application.
1. Every applicant for a temporary use permit to operate an outdoor
servinq area in excess of 25 seats shall submit the application fee
alonq with the completed application prescribed and shall furnish
such information as the Countv Manaqer or his desiqnee mav
direct:
2. Everv application for a temporary use permit for an outdoor
servinq area mav be distributed to the Collier County Code
Enforcement Department. the Collier Countv Sheriffs
Department. the applicable Fire Department reviewinG aqencv, the
Countv ZoninG Department. the Buildinq Department or anv other
Government official or functionarv for a report and where anv such
report is neqative or unfavorable to the applicant, and in the
opinion of the Countv ManaGer or his desiqnees. shows adequate
reason whv a temporary use permit should not be qranted. the
applicant shall be furnished a copv of said report within 14 davs of
its receipt bv the Countv ZoninG Department.
3. Every person applvinq for a temporary use permit shall file with
the Zoninq Department. documentation satisfactory to the Zoninq
Department demonstratinq the applicant's riGht to possess or
occupv the premises to be used bv him as an outdoor servinq
area. and if such person is not the reGistered owner of the
propertv, the applicant shall file with the Zoninq Department a
copv of his leases. if anv. and a copv of anv other document
constitutinq or affectinq the leqal relationship between said
applicant and the reqistered owner and a notarized affidavit from
the reqistered owner qrantinq permission for the application for an
outdoor servinq area license.
4. Without limitinq the qeneralitv of anv other provision of this code
and the qeneral authoritv of the Board of Countv Commissioners
to have reqard for the well beinG of the unincorporated Collier
Countv and its residents in determininG whether to issue a permit.
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the Board shall be entitled to refuse and/or revoke a permit where:
a. the conduct of the applicant affords reasonable orounds for
belief that he/she will not carry on his trade. callinq.
business or occupation in accordance with the law and
with inteoritv and honestv: or
b. there are reasonable qrounds for belief that the carrvinq on
of the trade. callinq. business or occupation bv the
applicant will result in a breach of this code or anv other
code provision;
c. the applicant is a corporation and its conduct or the
conduct of its officers. directors. emplovees or aqents
affords reasonable qrounds for believe that its trade.
callinq. business or occupation will not be carried on in
accordance with law and with inteoritv and honestv: or
d. there are reasonable qrounds for belief that the premises,
accommodation, equipment or facilities in respect of which
the license is required to not complv with the provisions of
this code or anv other code; or
e. the conduct of the applicant or other circumstances afford
reasonable qrounds for belief that the carrvino on bv the
applicant of the business in respect of which the temporary
use permit is souqht would infrinqe the riqhts. or endanqer
the health, safetv or welfare of other members of the
public.
5. The Board of County Commissioners mav revoke anv outdoor
servinq area permit upon 14 davs notice to the owner for failure to
abide bv Countv requlations or for actions which endanqer the
health. safetv and welfare of other members of the public.
C. Public Hearinq and Advertisino Requirements
1. New Temporarv Permit applications.
a. The Board of Countv Commissioners mav conduct public
hearinqs throuqhout the vear for new temporary use
permit applications. Reqardless of the approval date, all
BCC approved temporary use permits shall expire on
December 31st of the same vear thev were approved.
b. The petitioner for a new temporarv use permit shall bear
the responsibilitv of notifvinq all propertv owners within
2.500 feet of the subiect site or the
PUD boundary. whichever is more restrictive. in
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accordance with the notification requirements of 10.03.05.
B.11.
c. The petitioner for a new temporary use permit shall bear
the responsibilitv of placinq one siqn adiacent to each
public arterial or collector road for which the subiect
propertv (if an individual parcel or outparcel) abuts: or if
located within a shoppinq center. each public arterial or
collector road for which the shoppinq center abuts. in
accordance with the postinq requirements and time frames
established in section 10.03.05. B. 3 throuqh 10.03.05.
B.5.
2. Renewals and transfers.
a. The Board of Countv Commissioners shall conduct public
hearinqs for permit renewals or transfers for valid
temporary use permits two times durinq the month ef
October, precedinq the December 31 expiration date.
b. The on Iv advertisinq requirement for renewals and
transfers shall be a one time ad placed in a local
newspaper prior to each renewal hearinq notifvinq the
public of applications received for renewal. where thev can
qet the appropriate information reqardinq renewal
applications and the scheduled date and time and location
of the public hearino. Each applicant will be charqed a flat
fee for newspaper advertisinq in accordance with the
adopted applicable provision of the Countv's fee
resolution.
D. Operatino Requlations
1. No person whose is the owner or operator of an outdoor servinq
area in excess of 25 seats shall permit the outdoor servinq area to
operate without a temporary use permit.
2. No owner or operator shall operate or permit the occupancv of anv
outdoor servinq area, reoardless of the number of seats. on any
propertv. which is located within 1.000 feet of anv lands with a
residential or estates zoninq desionation or which is used for
residential purposes between the hours of 11 :00 p.m. Sundav
throuqh Thursdav and 12:00 a.m. Fridav and Saturdav and 11 :00
a.m. on the followino dav unless the residential use or zoninq
district is mixed use and allows for the mixinq of residential and
non-residential uses within the same tract of land.
3. Everv owner and operator shall at all times post in all outdoor
servinq areas in a location which is visible to all patrons a notice
provided bv the County outlininq the countv's requlations with
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respect to the operation of outdoor servinq areas and notifvinq the
patrons of the noise ordinance.
E. Outdoor Servinq Area Requirements
1. No person shall operate an outdoor servinq area in excess of 25
seats which is located within 1500 feet of the property line of land
with a residential or estates zonino classification or which is used
for residential purposes unless the outdoor servinq area is
separated from the adiacent residential propertv by a solid
translucent or opaque barrier of a minimum of six feet in heiqht
alonq its perimeter for the purpose of noise reduction and security.
This shall not applv to mixed use proiects as defined in D.2. above
2. Anv person who owns or operates an outdoor servino area.
reqardless of the number of seats, which is illuminated and is in
an area adiacent to a residential or estates zoninq district or a
residential use, shall arranqe. desion and install the liqhtinq
fixtures to deflect the liqht down and awav from nearbv residential
buildinqs, lots and streets.
3. Live outdoor entertainment is prohibited in outdoor servinq areas,
reqardless of the number of seats. or otherwise outdoors on
premises on which establishments are located within 2500 feet of
the propertv line of a residential or estates zoned propertv or a
residential use unless that use is part of an approved mixed use
development wherein the residential land uses are inteqrated
within the same non-residential structure or are allowed to occUPV
the same tract of land.
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LDC Amendment Request
ORIGIN: CDES - Zoning Department
AUTHOR: Catherine Fabacher
DEPARTMENT: Zoning
AMENDMENT CYCLE: Cycle 1,2007
LDC PAGE: LDC5:26
LDC SECTION(S): 5.04.07 Permit for Outdoor Servin!! Areas with Entertainment
CHANGE: Add requirement for a permit for outdoor serving areas with entertainment
on private property; which is to be approved administratively or through the conditional
use process for applications with a noise ordinance violation history.
REASON: In order to ensure a healthy relationship and minimize health, safety and
welfare issues between nearby businesses, the establishment's customers and the
surrounding property owners.
FISCAL & OPERATIONAL IMPACTS: Cost of application fee should be borne by
applicant and should be of a sufficient amount to cover the cost of processing the
applications. At this point the estimated fee is approximately $300.00 for administrative
issuance of a one-time permit for outdoor serving areas with entertainment on private
property. There will be a nominal fee associated with the issuance of a code violation
history to be issued by Code Enforcement (yet to be determined) and submitted as a
requirement by all applicants.
When an applicant is required to pursue a permit issuance petition before the Board of
Zoning Appeals through the conditional use process, the fee is $4,000. In addition, the applicant
will be required to pay for property owner notifications which are approximately $1.00
per property owner notified and the cost of posting a sign in front of the business which is
approximately $800.-$1,200. for properties greater than 1 acre and considerably less for
properties under 1 acre. Finally, the applicant for a conditional use hearing must pay a
$4,000. application fee and the advertising costs of the 2 required public hearings (the
CCPC and the BZA).
RELATED CODES OR REGULATIONS: Noise Ordinance (No. 90-17) in the Code
of Laws and Ordinances.
GROWTH MANAGEMENT PLAN IMPACT: None
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OTHER NOTESNERSION DATE: Created March 19, 2007; revised May 4, 2007
after DSAC; and revised August 23, per CCPC. Revised September 10, 2007, per the
CCPC. Revised September 17, 2007. Revised September 20,2007, per the CCPC.
Amend the LDC as follows:
1.08.02
Definitions
Amolified sound: The use of a public address svstem, loudspeaker. amplifier and anv
other device which electronicallv auqments the volume of sound.
5.04.07 Permits for Outdoor Servinq Areas with Entertainment on Private Propertv
A. Applicabilitv. Owners/manaqers of outdoor servinq areas with
entertainment on private propertv adiacent to and a part of an eatinq or
drinkinq establishment, servinq food/beveraqes within the unincorporated
area of Collier Countv shall obtain a permit for such activitv.
1. No person shall own or operate an outdoor servinq area for food
or beveraqes. or both. in coniunction with entertainment on private
propertv within the unincorporated area of Collier Countv unless a
permit is obtained, in accordance with the provisions set forth
herein.
a. This requirement shall not applv if the residential use or
zoninq district is mixed use and allows for the mixinq of
residential and non-residential uses within the same
development.
b. For purposes of this section, entertainment shall be
considered to include any source of amplified sound.
includinq but not limited to. radios. televisions. video
qames and amplified music.
2. A permit to operate outdoor servinq areas with entertainment on
private propertv mav be issued administrativelv unless 1 or more
findinqs of violation of the Collier Countv Noise Ordinance (Ord.
No. 90-17. as amended) have been issued to the owner/manaqer
of the facilitv bv the Collier Countv Code Enforcement
Department.
3. Permit applications for outdoor servinq areas with entertainment
on private propertv bv owners/manaqers who have been issued 1
findinq of violation of the noise ordinance within the past 12
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months shall be heard bv the Board of Zonin!:! Appeals as a
conditional use. subiect to the standards and procedures
established in section 10.08.00.
5. All operators of eatinq and drinkinq establishments with existinq
outdoor servinq areas with entertainment on private propertv shall
obtain a permit no later than Mav 31. 2008. Failure to obtain the
permit will result in the issuance of a notice of violation.
6. Such permit shall be transferred if the owner sells. leases or
otherwise disposes of his outdeor servinq area or the premises
upon or in which the outdoor servinq area is operated. to anv
person bv filinq the appropriate transfer application to the Zoninq
Department.
a. Transfers shall be administrativelv approved, unless 1
findin!:!s of violation of the noise ordinance have been
issued to the owner/mana!:!er within the last 12 months. In
that case. an application for an outdoor servinq area with
entertainment permit transfer shall be heard bv the Board
of Zonin!:! Appeals as a conditional use, subiect to the
standards and procedures established in section 10.08.00.
b. The Board of Zoninq Appeals shall make the final
determination as to whether er not to approve. denv.
revoke or approve with conditions anv permit pertainin!:! to
outdoor servinq areas with entertainment on private
propertv.
7. The issuance of such a permit shall not eliminate the obliqation of
the applicant to obtain all other permits required under local. state
and federal requlations: includinq. but not limited to: amplified
sound permits. occupational licenses. alcohol licenses, special
event permits and the like.
B. Application.
1. An applicant for administrative approval of a permit to operate an
outdoor servin!:! area with entertainment on private propertv shall
submit the followinq:
a. a completed application. as prescribed bv the Countv
Manaqer or desiqnee;
b. a code violation historv issued bv the Collier Countv Code
Enforcement Department dated no more than 30 davs prior
to the date of the application submittal:
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c. a valid non-residential zoninq and land use certificate
issued by Collier Countv: and
d. an application fee as specified in the CDES fee schedule.
2. An applicant for approval to operate an outdoor servinq area with
entertainment on private property throuqh the conditional use
process shall follow the public notice requirements identified in
section 10.08.00 of the Code.
3. In the interpretation and application of anv provIsion of these
requlations. it shall be held to be the minimum requirement
adopted for the promotion of the public health, safetv. comfort,
convenience. and qeneral welfare of unincorporated Collier
Countv and its residents. In determininq whether to issue a
permit, the Board shall be entitled to refuse/revoke a permit
where:
a. the use will not be of a tvpe or intensity consistent with
surroundinq land uses and the reasonablv quiet and
peaceful eniovment thereof:
b. the use will cause anv danqer or health hazard to anv
person;
c. the use will result in the depletion. destruction. removal.
tramplinq or other damaqinq of existinq veqetation:
d. the use will be conducted in violation of Land Development
Code or anv other Countv codes:
e. the use will not have sufficient areas. available on private
lands, for parkinq to accommodate the extra seatinq as
required bv subsection 4.05.04 G. of the Code: or
f. in the case of a special event that has been previouslv
held at the facilitv. the operator has not demonstrated
compliance with permit conditions or with anv previous
penn;t. includinq without limitation. siqnaqe restrictions.
C. Suspension of permit.
1. The approval of an outdoor servinq area permit is temporary at all
times. An outdoor servinq area permit mav be suspended bv the
Countv ManaQer or desiqnee upon a findinq that one or more
conditions of this section have been violated. or the issuance of 1
findinq of violation of the noise ordinance has been issued bv the
Collier Countv Code Enforcement Department.
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2. The suspension order shall be in writinq. settinq forth specific
reasons and providinG an effective date. The suspension shall
remain in effect until such time as a public hearinq is conducted by
the Board of Zoninq Appeals to revoke the permit or lift the
suspension.
3. A decision reqardinG an outdoor servinq area with entertainment
permit. or the suspension of said permit. mav be appealed to the
Board of ZoninG Appeals within 30 davs of said decision. The
Board of Zoninq Appeals shall hear the appeal after due public
notice.
D. Public HearinG and Advertisinq Requirements
1. Issuance of permit for outdoor servinq areas with entertainment on
private propertv. where 1 findinq of violation of the noise
ordinance have been issued.
a. An application for an outdoor servinq area with
entertainment on private propertv permit shall be heard bv
the Board of ZoninG Appeals as a conditional use as
provided for in section 10.08.00.
E. OperatinG Requlations
1. No outdoor servinG area with entertainment on private propertv
shall be permitted to operate without a permit.
2. No owner/manaGer shall operate or permit the occupancv of anv
outdoor servinq area with entertainment on private property. that
is located within 1,000 feet of anv lands with a residential or
estates zoninq desiqnation or which is used for residential
purposes durinq the followinG times.
Sunday through Thursday
11 :00 p.m. - 11 :00 a.m.
Friday through Saturday
12:00 a.m. - 11 :00 a.m.
a. These time restrictions shall not applv if the residential use
or zoninq district is part of a mixed use proiect. approved
throuqh the conditional use process; a mixed use proiect,
approved thrOUGh the mixed use proiect approval
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process or part of a Planned Use District (PUD)
component desiqnated as mixed use.
3. Every owner/operator shall at all times post in all outdoor servinq
areas. in a location which is visible to all patrons. a notice
provided bv the Countv, notifvinq the patrons of the requirements
of this permit.
F. Requirements for outdoor servinq area with entertainment on private
property.
1. No person shall operate an outdoor servinq area on private
propertv which is located within 1500 feet of the propertv line of
land with a residential or estates zoninq classification or which is
used for residential purpOSes unless the outdoor servinG area is
separated from the adiacent residential propertv bv a solid
translucent or opaque barrier of a minimum of six feet in heiqht
alonq its perimeter. or other interveninq structure, for the purpose
of noise reduction and securitv. This shall not applv to mixed use
proiects as defined in subsection A.1.a.. above.
2. Anv person who owns or operates an outdoor servinG area with
entertainment on private propertv. which is illuminated and is in an
area adiacent to a residential or estates zoninG district or a
residential use. shall arranGe. desiqn and install the Iiqhtinq
fixtures to deflect the liqht down and awav from nearbv residential
buildinqs. lots and streets.
3. Live outdoor entertainment is prohibited in outdoor servinq areas.
on private propertv. or otherwise outdoors on premises on which
establishments are located within 2500 feet of the propertv line of
a residential or estates zoned propertv or a residential use unless
that use is part of an approved mixed use development wherein
the residential land uses are inteqrated within the same non-
residential structure or are allowed to occUPV the same
development.
G. Reserved rOutdoor servinq areas on public propertv.]
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LDC Amendment Request
ORIGIN: County Attorney's Office
AUTHOR: JeffKlatzkow
DEPARTMENT: CDES
AMENDMENT CYCLE: Cycle 1, 2007
LDC PAGE:
LDC10:31-32
LDC SECTlON(S): 10.02.03 Submittal Requirements For Site Development Plans
CHANGE: (I) Add provision for County Manager or designee to determine that a use
is not compatible during the site development plan (SDP) review process, with an
approval procedure though the Planning Commission and the Board of County
Commissioners..
REASON: Even though a use may technically be permitted, they are certain situation,
such as commercial site layout, where a use may not be compatible with adjoining
residential neighborhoods.
CHANGE (2) Add provision which prohibits operating an outdoor serving area with
outdoor entertainment on private property which is located within 1500 feet of the
property line of land with a residential or estates zoning classification unless the outdoor
serving area with outdoor entertainment is separated from the adjacent residential
property by a sound attenuation barrier which reduces the sound volume to no greater
than 55dBA as measured from the nearest or most effected residential property line.
(3) Add provision which prohibits live outdoor entertainment in outdoor
serving areas, on private property, or otherwise outdoors on premises on which
establishments are located within 2500 feet of the property line of a residential or estates
zoned property or a residential use unless that use is part of an approved mixed use
development wherein the residential land uses are integrated within the same non-
residential structure or are allowed to occupy the same development.
REASON: To protect and enhance the quality of life in existing residential
neighborhoods.
FISCAL & OPERATIONAL IMPACTS: This may add additional time for the
approval process. In addition, a separate fee may need to be created for this process.
RELATED CODES OR REGULATIONS: 10.08.00 Conditional Use
GROWTH MANAGEMENT PLAN IMPACT: None.
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OTHER NOTESNERSION DATE: Created October 3, 2007; Revised 10/22/07;
10/25/07
Amend the LDC as follows:
10.02.03 Submittal Requirements For Site Development Plans
A. Generally.
4. Site development and site improvement plan standards. The County
Manager or his designee shall review and consider all site improvement
and site development plans in accordance with the following standards:
a. Statements regarding ownership and control of the property and
the development as well as sufficiency of conditions regarding
ownership and control, use and permanent maintenance of
common open space, common facilities,
conservation/preservation areas, or common lands to ensure the
preservation of such lands and facilities will not become a future
liability of the county.
b. Development compliance with all appropriate zoning regulations
and the growth management plan. The ingress and egress to the
proposed development and its improvements, vehicular and
pedestrian safety, separation of vehicular traffic from pedestrian
and other traffic, traffic flow and control, traffic calming devices,
provision of services and servicing of utilities and refuse collection,
and access in the case of fire or catastrophe, or other emergency.
Notwithstanding the requirement to comply with the foregoing
provisions, the depiction on a PUD master plan or description of
access or location of access points in a PUD ordinance, does not
authorize or vest access to the major road system. The location,
design, capacity, or routing of traffic for any specific access point
will be determined by, and must comply with, the regulations for
site development in effect at the time of site development plan
approval.
c. The location and relationship of parking and loading facilities to
thoroughfares and internal traffic patterns within the proposed
development, considering vehicular and pedestrian safety, traffic
flow and control, access in case of fire or catastrophe, screening
and landscaping.
d. Adequacy of recreational facilities and open spaces considering
the size, lecation, and development of these areas with regard to
adequacy, effect on adjacent and nearby properties as well as
uses within the proposed development, and the relationship to
community-wide open spaces and recreation facilities.
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e. Adequacy of the proposed landscape screens and buffers
considering preservation of the development's internal land uses
as well as compatibility with adjacent land uses.
f. Water management master plan on the property, considering its
effect on adjacent and nearby properties and the consequences of
such water management master plan on overall county capacities.
Water management areas shall be required to be maintained in
perpetuity according to the approved plans. Water management
areas not maintained shall be corrected according to approved
plans within 30 days. The engineer of record, prior to final
acceptance, shall provide documentation from the stormwater
maintenance entity; indicating that said entity has been provided
information on how the stormwater systems functions and
indicating responsibility for maintenance of the system.
g. Adequacy of utility service, considering hook-in location and
availability and capacity for the uses projected.
h. Signage proposed for the project in conformity with section
5.06.00, and a unified sign permit shall be applied for with the
submittal packet for the site development or site improvement
plan.
i. Architectural design of the building for all commercial
developments located in any commercial zoning district.
j. Such other standards as may be imposed by this Code, the
growth management plan or other applicable regulations for the
particular use or activity proposed.
5. Non-compatible uses. It is recoqnized that there are uses and accessory
uses which. because of their very nature, have characteristics that do not
meet the compatibilitv criteria of this ordinance and thus adverselv impact
adiacent residential areas. It is recoqnized that the location of even one
such use near a residential neiqhborhood causes a deleterious effect.
Special requlation of these uses is necessary to ensure that these
adverse impacts will not contribute to the bliqhtinq and downqradinq of
the surroundinq neiqhborhood.
a. Within 15 davs from submittal of anv site development plan. it
shall be within the discretion of the County Manaqer or desiqnee
to refuse approval of such site development plan if it includes a
use that. in the professional iudqment of the Countv Manaqer or
desiqnee. is not compatible with and has the potential to cause a
deleterious effect upon an adiacent residential neiqhborhood.
b. Notice of such refusal shall be promp!lv mailed to the applicant for
the site development plan. Applicant and staff will meet at their
earliest convenience to discuss and attempt to amicablv resolve
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the compatibility issues, which can include. but is not limited to.
movinq the questioned use to another location within the
development.
c. Should the parties be unable to reach an amicable solution, the
matter will be promptlv referred to the Collier Countv Planninq
Commission. At a publiclv noticed hearinq, the Planninq
Commission will review the proposed use make a findinq as to (1)
whether the proposed use was intended for this site, as set forth in
the zoninq ordinance. and (2) whether such use can be made
compatible with the adioininq residential neiqhborhood throuqh the
imposition of certain conditions or restrictions, includinq but not
limited to locatinq the use to another location within the
development. bufferinq. Iimitinq hours of operation. requirinq a
vestibule. walls, and relocatinq dumpsters.
d. Should either the County or the applicant be unwillinq to abide
with the findinqs and recommendations of the Planninq
Commission. the matter will then be forwarded to the Board of
Countv Commissioners for a public hearinq. to be conducted in
the same manner as LDC Section 10,08.00. except that notice
purposes 10 davs prior notice bv publication will be sufficient.
e. Separation requirements.
i. No person shall operate an outdoor servinq area with
outdoor entertainment on private propertv which is located
within 1500 feet of the propertv line of land with a
residential or estates zoninq classification or which is used
for residential purposes unless the outdoor servinq area
with outdoor entertainment is separated from the adiacent
residential propertv bv a sound attenuation barrier utilizinq
sound reducinq material desiqned bv an acoustical
enqineer. The enqineer shall certifv that the sound volume
emanatinq from the outdoor servinq area will at no point in
time be qreater than 55dBA as measured from both the
nearest and most effected residential propertv line.
Another interveninq structure mav qualifv for the purpose
of noise reduction. if an acoustical enqineer can certifv that
this structure will reduce the volume from the outdoor
servinq area so that at no time it shall be qreater than
55dBA as measured from the nearest or most effected
residential propertv line.
ii. Live outdoor entertainment is prohibited in outdoor servinq
areas. on private propertv. or otherwise outdoors on
premises on which establishments are located within 2500
feet of the propertv line of a residential or estates zoned
propertv or a residential use unless that use is part of an
approved mixed use development wherein the residential
land uses are inteqrated within the same non-residential
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structure or are allowed to occUPV the same development.
a 2. Conceptual site development plan review and approval. At the request of
the applicant and subject to the applicable fee set forth in the schedule of
fees, planning services department will complete a conceptual review and
issue a written summary of issues of concern and conceptual approval.
This conceptual approval shall not mean that the project has received
final approval, it shall only indicate that the project is in substantial
compliance with the requirements of the Code and may be approved
subject to further review, changes and modifications.
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