DSAC-LDR Agenda 12/16/2025
Please contact Eric Johnson at (239) 252-2931 or
Eric.Johnson@colliercountyfl.gov if you have any questions or
wish to meet with staff.
Growth Management Community Development
Development Services Advisory Committee
Land Development Review
Subcommittee
Tuesday, December 16, 2025
3:00 pm
2800 N. Horseshoe Dr.
Naples, FL 34104
Growth Management Community Development
Department
Conference Room 609/610
For more information, please contact Eric Johnson at (239) 252-2931
or at Eric.Johnson@colliercountyfl.gov
DSAC – Land Development Review Subcommittee
2025 Land Development Code Amendments
Agenda
Tuesday, December 16, 2025
3:00 pm
2800 N. Horseshoe Dr., Naples, FL 34104
Growth Management Community Development, Conference Rooms 609/610
NOTICE:
Persons wishing to speak on any Agenda item will receive up to three (3) minutes unless the Chairman
adjusts the time. Speakers are required to fill out a “Speaker Registration Form”, list the topic they wish
to address, and hand it to the Staff member bef ore the meeting begins. Please wait to be recognized by
the Chairman and speak into a microphone. State your name and affiliation before commenting. During
the discussion, Committee Members may direct questions to the speaker.
Please silence cell phones and digital devices. There may not be a break in this meeting. Please leave the
room to conduct any personal business. All parties participating in the public meeting are to observe
Roberts Rules of Order and wait to be recognized by the Chairman. Please speak one at a time and into
the microphone so the Hearing Reporter can record all statements being made.
1. Call to Order – Chairman
2. Approval of Agenda
3. Old Business
a. PL20240006969 – Rural Fringe Mixed Use District (RFMUD) Overlay – LDCA
4. New Business
5. Public Speakers
6. Discuss meeting dates for 2026 (e.g., Jan 20, April 21, July 21, October 20)
7. Adjourn
1
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20240006969
SUMMARY OF AMENDMENT
This Land Development Code (LDC) amendment proposes to update the
Rural Fringe Mixed Use District (RFMUD) in concert with the changes
approved to the Growth Management Plan (GMP) with the adoption of
Ordinance 2023-25 and Ordinance 2025-16. LDC amendments are
reviewed by the Board of County Commissioners (Board), Collier County
Planning Commission (CCPC), Development Services Advisory
Committee (DSAC), and the Land Development Review Subcommittee of
the DSAC (DSAC-LDR).
ORIGIN
Growth Management
Community Department
(GMCD)
HEARING DATES LDC SECTION TO BE AMENDED
Board TBD 02.03.07
02.03.08
02.06.01
Overlay Zoning Districts
Rural Fringe Zoning Districts
Generally
CCPC TBD
DSAC TBD
DSAC-LDR 12/16/2025
11/19/2025
09/16/2025
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Continued
DSAC
TBD
CCPC
TBD
BACKGROUND
The RFMUD was first adopted on February 11, 2004. On May 23, 2023, the Board adopted Ordinance
2023-25, which consisted of amending Future Land Use Element (FLUE), Future Land Use Map (FLUM)
and Map series as part of the RFMUD restudy. This LDC amendment implements updates to the LDC
resulting from the approved RFMUD restudy and subsequent Board adopted GMP clean-up, Ordinance
2025-16, as follows: increasing of the number of base Transfer of Development Rights (TDR) credits
generated per acre/per nonconforming lot, increasing of density on receiving lands for affordable housing,
allowance of active recreation in the sending lands as conditional uses, addition of Belle Meade Hydrologic
Enhancement Overlay (BMHEO) provisions, changes to Environmental Restoration and Maintenance TDR
Bonus credit generation, introduction of Business and Industrial Uses in the receiving lands with specific
uses, development standards and locational criteria to be identified within the LDC, introduction of
Neighborhood commercial uses within Affordable Housing projects with specific uses, design standards,
development standards and locational criteria to be identified within the LDC, additional development
standards and location criteria for housing that is affordable within the RFMUD receiving lands, addition of
clustering provisions for RFMUD sending lands, addition of Conservation TDR Credits, changes to Rural
Village design criteria and density bonus for low-income residential units provided, and reduction of open
space requirement for housing that is affordable projects.
This bonus TDR credit shall only be applicable within two (2) years of the effective date of adoption in the FLUE
(adopted May 23, 2023). It should be noted that Ordinance 2025-59 allows for a higher Floor Area Ratio in most
areas of the County, except where expressly noted in the GMP. The RFMUD designation in the GMP limits the
2
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FAR of group homes to 0.45. The Board will have to determine if a greater FAR should be allowed in the
RMFUD.
FISCAL & OPERATIONAL IMPACTS
The fiscal impacts to Collier County resulting
from this amendment are for staff time to
prepare the amendment and costs for the
associated legal advertising/public notice for
the public hearings. Funds will be available
from the Unincorporated Area General Fund
(1011) and the Comprehensive Planning Cost
Center.
GMP CONSISTENCY
The proposed LDC amendment has been reviewed by
Comprehensive Planning staff and may be deemed
consistent with the GMP.
EXHIBITS: A) None
3
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Amend the LDC as follows:
1
2.03.07 – Overlay Zoning Districts 2
3
* * * * * * * * * * * * * 4
5
D. Special Treatment Overlay (ST) 6
7
* * * * * * * * * * * * * 8
9
4. Transfer of Development Rights (TDR). 10
11
a. Purpose, Intent and Applicability. 12
13
i. Purpose. The primary purpose of the TDR process is to establish 14
an equitable method of protecting and conserving lands determined 15
to have significant environmental value, including large connected 16
wetland systems and significant areas of habitat for listed species; 17
and 18
To provide a viable mechanism for property owners of such 19
environmentally valuable lands to recoup lost value and 20
development potential which may be associated with the 21
application of environmental preservations standards to such lands. 22
23
ii. Intent. These TDR provisions are intended to accomplish the above 24
stated purpose through an economically viable process of 25
transferring development rights from less suitable non-RFMU 26
sending areas to more suitable non-RFMU receiving areas, and 27
from non-RFMU sending areas, and less suitable RFMU receiving, 28
neutral and sending lands to more suitable non-RFMU receiving 29
areas and RFMU receiving lands and non-RFMU receiving areas. 30
31
iii. Applicability. These TDR provisions shall be applicable to those 32
areas specifically identified in (b), (c) and (d) below. These TDR 33
provisions shall not be applicable to the any transfer of development 34
rights within the RLSA District. 35
36
* * * * * * * * * * * * * 37
38
c. TDR credits from RFMU sending lands: General Provisions. 39
40
i. Creation of TDR credits. 41
42
a) TDR credits are generated from RFMU sending lands at a 43
rate of 21 TDR credits per 5 acres of RFMU Ssending Lland 44
or, for those legal non-conforming lots or parcels of less than 45
5 acres that were in existence as of June 22, 1999, at a rate 46
of 21 TDR credits per legal non-conforming lot or parcel. 47
48
4
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b) For lots and parcels 5 acres or larger, the number of TDR 1
credits generated shall be calculated using the following 2
formula: 3
4
# of acres x 0.42 = # of TDR credits generated. 5
6
Where the number of TDR credits thus calculated is a 7
fractional number, the number of TDR credits created shall 8
be rounded to the nearest 1/100th. 9
10
ii. Creation of TDR Bonus credits. TDR Bonus credits shall only be 11
generated from RFMU sending land property from which TDR 12
credits have been severed. The three types of TDR Bonus credits 13
are as follows: 14
15
a) Environmental Restoration and Maintenance Bonus credits. 16
Environmental Restoration and Maintenance Bonus credits 17
are generated at a rate of up to 0.6 1 credits for each TDR 18
credit severed from that RFMU sending land for which a 19
Restoration and Management Plan (RMP) has been 20
accepted by the County but in no case less than 0.2 TDR 21
credits per acre. In order for the County to be accepted an 22
RMP, a the RMP shall satisfy the following: 23
24
i) 1) The RMP shall include a listed species 25
management plan. 26
27
ii) 2) The RMP shall comply with the criteria set 28
forth in LDC section 3.05.08.A., and B. 29
30
iii) 3) The RMP shall provide financial assurance, 31
in the form of a letter of credit or similar financial 32
security, establishing that the RMP shall remain in 33
place and be performed, until the earlier of the 34
following occurs: 35
36
1) a. Viable and sustainable ecological 37
and hydrological functionality has been 38
achieved on the property as measured by the 39
success criteria set forth in the RMP. 40
41
2) b. The property is conveyed to a 42
County, state, or federal agency as provided 43
in b) below. 44
45
iv) 4) The RMP shall provide for the exotic 46
vegetation removal and maintenance to be 47
performed by an environmental contractor 48
acceptable to the County. 49
50
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v) In the case of legal nonconforming lots or parcels in 1
existence as of June 22, 1999, where such lot or 2
parcel is less than 5 acres, up to three TDR credits 3
may be severed from said lot or parcel depending on 4
the activities contained in this section that are 5
performed. The generation rate of bonus credits 6
shall be based on the type of activity completed and 7
meeting additional criteria as follows: 8
9
1) Exotic vegetation removal, non-native 10
vegetation and nuisance or invasive plant 11
control and maintenance shall generate 0.2 12
TDR credits for each acre of exotic 13
vegetation removal, and control and 14
maintenance. 15
16
2) Listed species restoration areas, other than 17
wading birds, shall generate 0.3 TDR credits 18
for each acre of restored land that has met 19
applicable success criteria as determined by 20
the permitting or commenting agency 21
authorizing said restoration. 22
23
3) Wading bird restoration areas shall generate 24
0.4 TDR credits for each acre of restored 25
land that has met applicable success criteria 26
as determined by the permitting or 27
commenting agency authorizing said 28
restoration. 29
30
4) Connector wetlands and flow way restoration 31
areas shall generate 0.6 TDR credits for 32
each acre of restored land that has met 33
applicable success criteria as determined by 34
the permitting or commenting agency 35
authorizing said restoration. 36
37
5) Large mammal corridor creation, restoration, 38
or enhancement shall generate 0.6 TDR 39
credits for each acre of land created, 40
restored, or enhanced upon demonstration 41
that the respective activities have met 42
applicable success criteria as determined by 43
the permitting or commenting agency 44
authorizing said activities. The awarding of 45
the 0.6 TDR credits may be phased to 46
coincide with a phased implementation 47
process in accordance with the permitting or 48
commenting agency. 49
50
6
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6) Invasive exotic vegetation removal and 1
dedication of a “Flow-Way Easement” to 2
Collier County shall generate 0.2 TDR 3
credits for each acre of such land. Properties 4
shall be located entirely or partially within the 5
Belle Meade Hydraulic Enhancement 6
Overlay (BMHEO), as depicted on the 7
BMHEO Map of the FLUM series. This bonus 8
TDR credit shall only be applicable within two 9
(2) years of the effective date of adoption in 10
the FLUE (adopted May 23, 2023). The 11
County will assume the responsibility for the 12
recording of the “Flow-Way Easement” and 13
the perpetual exotic maintenance of the 14
parcel as a condition of the property owner 15
granting the easement. 16
17
b) Conveyance Bonus credits. Conveyance Bonus credits are 18
generated at a rate of 1 credit for each TDR credit severed 19
from that RFMU sending land that is conveyed in fee simple 20
to a government agency as a gift, or to a not-for-profit entity 21
or land trust, approved by the Board of County 22
Commissioners, by gift. Conveyance Bonus credits shall 23
only be generated from those RFMU sending land 24
properties on which an RMP has been accepted as provided 25
in a) above. 26
27
c) Belle Meade Flow-Way TDR Bonus. Owners of private 28
property located entirely or partially within the BMHEO 29
(adopted May 23, 2023), as depicted on the BMHEO Map, 30
are eligible to transfer development rights from Sending 31
Lands at a maximum rate of 0.4 TDR credits per acre (two 32
TDR credits per five acres) or legal nonconforming lot of 33
record in exchange for providing a “Flow-Way Easement” to 34
Collier County. Eligibility is limited to within two years of 35
adoption of the establishment of the BMHEO. Eligible 36
parcels area identified on the Belle Meade Hydrologic 37
Enhancement Overlay Area Flow-Way TDR Bonus Credit 38
Eligibility Map, adopted by separate resolution. Early Entry 39
Bonus credits. Early Entry Bonus credits shall be generated 40
at a rate of 1 additional credit for each TDR credit that is 41
severed from RFMU sending land for the period from March 42
5, 2004, until September 27, 2022, unless further extended 43
by resolution by the Board of County Commissioners. Early 44
Entry Bonus credits shall cease to be generated after the 45
termination of this early entry bonus period. However, Early 46
Entry Bonus credits may continue to be used to increase 47
density in RFMU and non- RFMU Receiving Lands after the 48
termination of the Early Entry Bonus period. 49
50
7
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iii. Calculation of TDR Bonus credits. 1
2
a) Environmental Restoration and Maintenance Bonus credits 3
are calculated as follows: 4
5
# TDR credits generated from property × % property subject 6
to an approved RMP. 7
8
b) Conveyance Bonus credits are calculated as follows: 9
10
# TDR credits generated from property × % property subject 11
to an approved RMP and conveyed as provided in ii.b) 12
above. 13
14
c) Early Entry Bonus credits are calculated as follows: 15
16
# TDR credits generated within Early Entry period × 1. 17
18
c) Belle Meade Flow-Way Bonus credits are calculated as 19
follows: 20
21
# TDR credits generated from property × % property subject 22
to an approved RMP and conveyed as provided in ii.c) 23
above. 24
25
iv. Receipt of TDR credits or TDR Bonus credits from RFMU sending 26
lands. TDR credits or TDR Bonus credits from RFMU sending lands 27
may be redeemed into Urban Areas, the Urban Residential Fringe, 28
and RFMU receiving lands, as provided in subsections 2.03.07 29
D.4.d e. and ef. below. 30
31
v. Prohibition on redemption of fractional TDR credits and TDR Bonus 32
credits. While fractional TDR credits and TDR Bonus credits may 33
be created, as provided in (ii) above, TDR credits and TDR Bonus 34
credits may only be redeemed in increments of whole, not 35
fractional, dwelling units. Consequently, fractional TDR credits and 36
fractional TDR Bonus credits must be aggregated to form whole 37
units, before they can be utilized to increase density in either non -38
RFMU Receiving Areas or RFMU Rreceiving lands. 39
40
vi. Prohibition on severance of development rights. 41
42
a) Neither TDR credits nor TDR Early Entry Bonus credits shall 43
not be generated from RFMU sending lands where a 44
conservation easement or other similar development 45
restriction prohibits the residential development of such 46
property, with the exception of those TDR Early Entry Bonus 47
credits associated with TDR credits severed from March 5, 48
2004, until July 20, 2023, (the effective date of Ordinance 49
No. 2023-25, that amended the Growth Management Plan 50
8
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to eliminate the TDR Early Entry Bonus credit) [the effective 1
date of this provision]. Environmental Restoration and 2
Maintenance Bonus credits and Conveyance Bonus credits 3
may only be generated from those RFMU sending lands 4
where a conservation easement or other similar 5
development restriction on development was imposed in 6
conjunction with the severance of TDR credits. 7
8
b) Neither TDR credits nor any TDR Bonus credits shall be 9
generated from RFMU sending lands that were cleared for 10
agricultural operations after June 19, 2002, for a period of 11
twenty-five (25) years after such clearing occurs. 12
13
d. TDR credits from RFMU neutral lands or receiving lands, including lands 14
within the NBMO: General Provisions. 15
16
i. Creation of TDR credits from RFMU neutral lands or receiving 17
lands, including lands within the NBMO. A TDR credit shall be 18
issued to the owner of private property for each five (5) acre parcel 19
or legal nonconforming lot of record designated neutral lands, or 20
receiving Lands, including lands within the NBMO, at the transfer 21
rate of one (1) TDR credit for each five acres or legal nonconforming 22
lot of record, utilized for conservation use. A perpetual easement 23
shall be placed on such conservation lands used for conservation 24
uses to protect these lands in perpetuity. A restrictive covenant in 25
favor of Collier County will be placed on lands used for conservation 26
restricting the use in perpetuity to protect against non-conservation 27
development. This TDR credit shall not apply to receiving lands or 28
neutral lands, including lands within the NBMO that are preserved 29
within a development project to comply with Native Vegetation 30
Preservation requirements. 31
32
ii. Receipt of TDR credits from RFMU neutral lands, or receiving 33
lands, including receiving lands within the NBMO. TDR credits from 34
RFMU neutral lands, or receiving lands, including receiving lands 35
within the NBMO may be redeemed into Urban Areas, the Urban 36
Residential Fringe, and RFMU receiving lands, as provided in LDC 37
subsections 2.03.07 D.4.e. and f. below. 38
39
iii. Prohibition on redemption of fractional TDR credits. While fractional 40
TDR credits may be created, TDR credits may only be redeemed in 41
increments of whole, not fractional, dwelling units. 42
43
ed. Redemption of TDRs into non-RFMU receiving areas. Redemptions into 44
the Urban Residential Fringe shall be permitted exclusively through the use 45
of TDR credits and TDR Bonus credits derived from the RFMU to increase 46
density by a maximum of 1.0 dwelling units per acre, allowing for a density 47
increase from the existing allowable base density of 1.5 dwelling units per 48
acre to a maximum of 2.5 dwelling units per gross acre. 49
50
9
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i. Redemption of TDRs into urban area. 1
2
a) Maximum density increase. In order to encourage 3
residential in-fill in urban areas of existing development 4
outside of the Coastal High Hazard Area, a maximum of 3 5
residential dwelling units per gross acre may be requested 6
through a rezone petition for projects qualifying under this 7
residential infill provisions of the Future Land Use Element 8
density Rating System, subject to the applicable provisions 9
of Chapters 2 and 9 of this Code, and the following 10
conditions: 11
12
i) The project is 20 acres or less in size; 13
14
ii) At time of development, the project will be served by 15
central public water and sewer; 16
17
iii) The property in question has no common site 18
development plan in common with adjacent 19
property; 20
21
iv) There is no common ownership with any adjacent 22
parcels; and 23
24
v) The parcel in question was not created to take 25
advantage of the in-fill residential density bonus and 26
was created prior to the adoption of this provision in 27
the Growth Management Plan on January 10, 1989. 28
29
vi) Of the maximum 3 additional units, one (1) dwelling 30
unit per acre shall be derived from RFMU sending 31
lands and redeemed at Site Plan or prior to Plat 32
recordation. 33
34
b) Developments which meet the residential infill conditions i) 35
through v) above may increase the base density 36
administratively through a Site Development Plan or Plat 37
approval by a maximum of one dwelling unit per acre by 38
redeeming additional density derived from RFMU district 39
Sending Lands. 40
41
ii. Redemptions into the Urban Residential Fringe shall be permitted 42
exclusively through the use of TDR credits and TDR Bonus credits 43
derived from RFMU sending lands located within one mile of the 44
Urban Boundary to increase density by a maximum of 1.0 dwelling 45
units per acre, allowing for a density increase from the existing 46
allowable base density of 1.5 dwelling units per acre to a maximum 47
of 2.5 dwelling units per gross acre. 48
49
fe. Redemption into RFMU receiving lands. 50
10
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1
i. Maximum density on RFMU receiving lands when TDR credits are 2
redeemed. 3
4
a) The base residential density allowable shall be as provided 5
in sections 2.03.08 A.2.a.(2)(a) and 2.03.08 A.2.b.(3)(a). 6
7
b) The density achievable through the redemption of TDR 8
credits and TDR Bonus credits into RFMU receiving lands 9
shall be as provided for in section 2.03.08 A.2.a.(2)(b)(i) 10
outside of rural villages and sections 2.03.08 A.2.b.(3)(b) 11
and 2.03.08 A.2.b.(3)(c)(i) inside of rural villages. 12
13
ii. Remainder uses after TDR credits are severed from RFMU sending 14
lands. Where development rights have been severed from RFMU 15
district Sending Lands, such lands may be retained in private 16
ownership and may be used as set forth in LDC section 2.03.08 17
A.4.b. 18
19
gf. Procedures applicable to the severance and redemption of TDR credits and 20
the generation of TDR Bonus credits from RFMU sending lands. 21
22
i. General. Those developments that utilize such TDR credits or TDR 23
Bonus credits are subject to all applicable permitting and approval 24
requirements of this Code, including but not limited to those 25
applicable to site development plans, plat approvals, PUDs, and 26
DRIs. 27
28
a) The severance of TDR credits and the generation of Early 29
Entry Bonus credits from RFMU sending lands does not 30
require further approval of the County if the County 31
determines that information demonstrating compliance with 32
all of the criteria set forth in ii.a) below has been submitted. 33
However, those developments that utilize such TDR credits 34
and Early Entry Bonus credits are subject to all applicable 35
permitting and approval requirements of this Code, 36
including but not limited to those applicable to site 37
development plans, plat approvals, PUDs, and DRIs. 38
39
b) The generation of Environmental Restoration and 40
Maintenance Bonus credits and Conveyance Bonus credits 41
requires acceptance by the County of a RMP. 42
43
ii. In order to facilitate the County's monitoring and regulation of the 44
TDR Program, the County shall serve as the central registry for all 45
TDR severances, transfers (sales) and redemptions, as well as 46
maintain a public listing of TDR credits available for sale along with 47
a listing of purchasers seeking TDR credits. No TDR credit 48
generated from RFMU sending lands, may be utilized to increase 49
11
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density in any area unless the following procedures are complied 1
with in full. 2
3
a) TDR credits shall not be used to increase density in either 4
non-RFMU Receiving Areas or RFMU receiving lands until 5
severed from RFMU sending lands. TDR credits shall be 6
deemed to be severed from RFMU sending lands at such 7
time as a TDR credit Certificate is obtained from the County. 8
TDR credit Certificates shall be issued only by the County 9
and upon submission of the following: 10
11
i) aA legal description of the property from which the 12
RFMU TDR credits originated, including the total 13
acreage; 14
15
ii) aA title opinion establishing that, prior to the 16
severance of the TDR credits from RFMU sending 17
lands, such sending lands were not subject to a 18
conservation restriction or any other development 19
restriction that prohibited residential development; 20
21
iii) aAn affidavit, signed by the owner, stating that the 22
property was not subject to a conservation restriction 23
or any other development restriction that prohibited 24
residential development during the period between 25
the effective date of the title opinion and 26
conservation easement recordation; 27
28
iv) aAn executed Limitation of Development Rights 29
Agreement, prepared in accord with the form 30
provided by the County, that limits the allowable 31
uses on the property after the severance of TDR 32
credits as set forth in LDC section 2.03.08 A.4.b.; 33
and 34
35
v) aA statement attesting that the TDR credits are not 36
being severed from RFMU sending lands in violation 37
of LDC subsection 2.03.07 D.4.c.vi.b) of the Code. 38
39
vi) dDocumented evidence that, if the property from 40
which TDRs are being severed is subject to a 41
mortgage, lien, or any other security interest; the 42
mortgagee, lien holder, or holder of the security 43
interest has consented to the recordation of the 44
Limitation of Development Rights Agreement 45
required for TDR severance; transfer (sale) of TDR 46
credit; and redemption of TDR credit. 47
48
b) TDR Bonus credits shall not be used to increase density in 49
either non-RFMU receiving areas or RFMU receiving lands 50
12
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until a TDR credit certificate reflecting the TDR Bonus 1
credits is obtained from the County and recorded. 2
3
1) Early Entry Bonus credits. All TDR credit certificates 4
issued by the County for the period from the effective 5
date of this provision until September 27, 2022, 6
unless further extended by resolution by the Board 7
of County Commissioners, shall include one Early 8
Entry Bonus credit or fractional Early Entry Bonus 9
credit for each TDR credit or fractional TDR credit 10
reflected on the TDR credit certificate. Where TDR 11
credits were severed from March 5, 2004, until the 12
effective date of this provision, the County shall, 13
upon receipt of a copy of the TDR credit certificate 14
reflecting those previously severed TDR credits, 15
issue a TDR credit certificate entitling Early Entry 16
Bonus credits equal in number to the previously 17
severed TDR credits. 18
19
12) Environmental Restoration and Maintenance Bonus 20
credit. A TDR certificate reflecting Environmental 21
Restoration and Maintenance Bonus credits shall 22
not be issued until the County has accepted a RMP 23
for the sending lands from which the Environmental 24
Restoration and Maintenance Bonus credit is being 25
generated. Any sending lands from which TDR 26
credits have been severed may also be used for 27
mitigation programs and associated mitigation 28
activities and uses in conjunction with any county, 29
state or federal permitting. Where the Environmental 30
Restoration and Maintenance Credit is applied for 31
sending lands that are also being used (title or 32
easement) for mitigation for permits or approvals 33
from the U.S. Army Corps of Engineers, U. S. Fish 34
and Wildlife Service, Florida Department of 35
Environmental Protection, Florida Fish and Wildlife 36
Conservation Commission, or the South Florida 37
Water Management District, the County shall accept 38
as the RMP for the sending mitigation lands, the 39
restoration and/or maintenance requirements of 40
permits issued by any of the foregoing governmental 41
agencies for said lands. 42
43
23) Conveyance Bonus credit. A TDR certificate 44
reflecting Conveyance Bonus credits shall not be 45
issued until the County has accepted a RMP for the 46
Sending Lands from which the Conveyance Bonus 47
credit is being generated and such sending lands 48
have been conveyed, in fee simple, to a County, 49
state, or federal government agency. 50
13
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1
c) A PUD or DRI utilizing TDR credits or TDR Bonus credits 2
may be conditionally approved, but no subsequent 3
application for site development plan or subdivision plat 4
within the PUD or DRI shall be approved, until the developer 5
submits the following: 6
7
i) Documentation that the developer has acquired all 8
TDR credits and TDR Bonus credits needed for that 9
phase of the development that is the subject of the 10
site development plan or subdivision plat. 11
12
d) The developer shall provide documentation of the 13
acquisition of full ownership and control of all TDR credits 14
and TDR Bonus credits needed for the development prior to 15
the approval of any site development plan, subdivision plat, 16
or other final local development order, other than a PUD or 17
DRI. 18
19
e) Each TDR credit shall have an individual and distinct 20
tracking number, which shall be identified on the TDR 21
certificate that reflects the TDR credit. The County TDR 22
Activity Log shall maintain an ongoing database that 23
categorizes all TDR credits relative to severance, transfer 24
(sale) and redemption activity. 25
26
f) Each TDR Bonus credit shall have an individual and distinct 27
tracking number, which shall be identified on the TDR 28
certificate and which shall identify the specific TDR credit 29
associated with the TDR Bonus credit. The County TDR 30
Registry shall maintain a record of all TDR Bonus credits, to 31
include a designation of those that have been expended. 32
33
g) The County bears no responsibility to provide notice to any 34
person or entity holding a lien or other security interest in 35
Sending Lands that TDR credits have been severed from 36
the property or that an application for such severance has 37
been filed. 38
39
hg. Proportional utilization of TDR credits and TDR Bonus credits. Upon the 40
issuance of approval of a site development plan or subdivision plat that is 41
part of a PUD or DRI, TDR credits and TDR Bonus credits shall be 42
redeemed at a rate proportional to percentage of the PUD or DRI's 43
approved gross density that is derived through TDR credits and TDR Bonus 44
credits. All PUDs and DRIs utilizing TDR credits and TDR Bonus credits 45
shall require that the rate of TDR credit and TDR Bonus credits 46
consumption be reported through the monitoring provisions of section 47
10.02.12 and subsection 10.02.07.C.1.b of this Code. 48
49
* * * * * * * * * * * * * 50
14
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# # # # # # # # # # # # # 1
2
2.03.08 – Rural Fringe Zoning Districts 3
4
A. Rural Fringe Mixed-Use District (RFMU District). 5
6
1. Purpose and scope. The purpose and intent of the RFMU District is to provide a 7
transition between the Urban and Estates Designated lands and between the 8
Urban and Agricultural/Rural and Conservation designated lands farther to the 9
east. The RFMU District employs a balanced approach, including both regulations 10
and incentives, to protect natural resources and private property rights, providing 11
for large areas of open space, and allowing, in designated areas, appropriate 12
types, density and intensity of development. The RFMU District allows for a mixture 13
of urban and rural levels of service, including limited extension of central water and 14
sewer, schools, recreational facilities, commercial uses, and essential services 15
deemed necessary to serve the residents of the RFMU District. The innovative 16
planning and development techniques which are required and/or encouraged 17
within the RFMU District were developed to preserve existing natural resources, 18
including habitat for listed species, to retain a rural, pastoral, or park-like 19
appearance from the major public rights-of-way, and to protect private property 20
rights. 21
22
* * * * * * * * * * * * * 23
24
2. RFMU receiving lands. RFMU receiving lands are those lands within the RFMU 25
district that have been identified as being most appropriate for development and 26
to which residential development units may be transferred from RFMU sending 27
lands. Based on the evaluation of available data, RFMU receiving lands have a 28
lesser degree of environmental or listed species habitat value than RFMU sending 29
lands and generally have been disturbed through development or previous or 30
existing agricultural operations. Various incentives are employed to direct 31
development into RFMU receiving lands and away from RFMU sending lands, 32
thereby maximizing native vegetation and habitat preservation and restoration. 33
Such incentives include, but are not limited to: the TDR process; clustered 34
development; density bonus incentives; and, provisions for central sewer and 35
water. Within RFMU receiving lands, the following standards shall apply, except 36
as noted in LDC subsection 2.03.08 A.1 above, or as more specifically provided in 37
an applicable PUD. 38
39
a. Outside rural villages. 40
41
(1) NBMO Exemption. Except as specifically provided herein NBMO 42
Receiving Lands are only subject to the provisions of LDC section 43
2.03.08 C & LDC section 2.03.07 D.4.d. 44
45
(2) Maximum Density. 46
47
(a) Base density. The base residential density allowable within 48
RFMU receiving lands, exclusive of the applicable density 49
blending provisions set forth in LDC section 2.05.02, is 1 unit 50
15
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per 5 gross acres (0.2 dwelling units per acre) or, for those 1
legal nonconforming lots or parcels in existence as of June 2
22, 1999, 1 unit per lot or parcel. 3
4
(b) Additional density 5
6
i. Additional Density Allowed Through the TDR 7
Process. Outside of rural villages, the maximum 8
density achievable in RFMU Receiving Lands 9
through TDR credits and TDR Bonus Credits is 1 10
dwelling unit per acre. 11
12
a) Clustering Required. Where the transfer of 13
development rights is employed to increase 14
residential density within RFMU receiving 15
lands, such residential development shall be 16
clustered in accordance with the following 17
provisions: 18
19
i) Central water and sewer shall be 20
extended to the project. Where 21
County sewer or water services may 22
not be available concurrent with 23
development in RFMU receiving 24
lands, interim private water and 25
sewer facilities may be approved. 26
27
ii) The maximum lot size allowable for a 28
single-family detached dwelling unit 29
is 1 acre. 30
31
iii) The clustered development shall be 32
located on the site so as to provide to 33
the greatest degree practicable: 34
protection for listed species habitat; 35
preservation of the highest quality 36
native vegetation; connectivity to 37
adjacent natural reservations or 38
preservation areas on adjacent 39
developments; and, creation, 40
maintenance or enhancement of 41
wildlife corridors. 42
43
b) Minimum Project Size. The minimum project 44
size required in order to receive transferred 45
dwelling units is 40 contiguous acres, except 46
that no minimum project size is required for 47
the Receiving Lands areas along Immokalee 48
Road. 49
50
16
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c) Emergency Preparedness. In order to 1
reduce the likelihood of threat to life and 2
property from a tropical storm or hurricane 3
event any development approved under the 4
provisions of this section shall demonstrate 5
that adequate emergency preparedness and 6
disaster prevention measures have been 7
taken by, at a minimum: 8
9
i) Designing community facilities, 10
schools, or other public buildings to 11
serve as storm shelters if located 12
outside of areas that may experience 13
inundation during a Category 1 or 14
worse storm event. While the need to 15
utilize such shelters will be 16
determined on a case-by-case basis, 17
areas which are susceptible to 18
inundation during such storm events 19
are identified on the Sea, Lake, and 20
Overland Surge from Hurricane 21
(SLOSH) Map for Collier County. 22
23
ii) Evaluating impacts on evacuation 24
routes, if any, and working with the 25
Collier County Emergency 26
Management staff to develop an 27
Emergency Preparedness Plan to 28
include provisions for storm shelter 29
space, a plan for emergency 30
evacuation, and other provisions that 31
may be deemed appropriate and 32
necessary to mitigate against a 33
potential disaster. 34
35
iii) Working with the Florida Division of 36
Forestry, Collier County Emergency 37
Management staff, and the managers 38
of any adjacent or nearby public 39
lands, to develop a Wildfire 40
Prevention and Mitigation Plan that 41
will reduce the likelihood of threat to 42
life and property from wildfires. This 43
plan shall address, at a minimum: 44
project structural design; the use of 45
materials and location of structures 46
so as to reduce wildfire threat; 47
firebreaks and buffers; water 48
features; and, the rationale for 49
17
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prescribed burning on adjacent or 1
nearby lands. 2
3
ii. Additional density allowed through the provisions of 4
housing that is affordable. Outside of rural villages, 5
the maximum density achievable in RFMU 6
Receiving Lands through housing that is affordable 7
achievable provisions is 12.2 dwelling units per acre, 8
subject to an affordable housing density bonus 9
agreement consistent with LDC Section 2.06.06. 10
TDR credits are not required or allowed to achieve 11
density. Where the provisions of housing that is 12
affordable are employed to increase residential 13
density within RFMU receiving lands, such 14
residential development shall be clustered in 15
accordance with the following provisions: 16
17
a) The project shall be located along a road 18
classified as an arterial or collector or located 19
along a road that has direct access to an 20
arterial or collector street. The project shall 21
be located no further than one-half mile 22
(2,640 feet) from an arterial or collector 23
street. 24
25
b) Central water and sewer shall be extended 26
to the project. 27
28
c) The maximum lot size allowable for a single-29
family detached dwelling unit is 1 acre. 30
31
d) The clustered development shall group 32
principal buildings and structures together 33
into one or more groups on a portion of the 34
site to the greatest degree practicable to 35
create more expansive and less fragmented 36
open space areas with priority placed on the 37
following: Protection for listed species 38
habitat; preservation of the highest quality 39
native vegetation; connectivity to adjacent 40
natural reservations or preservation areas on 41
adjacent developments; and, creation, 42
maintenance or enhancement of wildlife 43
corridors. The development shall be sited to 44
lessen the land area devoted to roads and 45
infrastructure within the development. 46
47
e) Emergency Preparedness. The cluster 48
development shall demonstrate that 49
adequate emergency preparedness and 50
18
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disaster prevention measures have been 1
taken as set forth in LDC section 2.03.08 2
A.2.a.(2)(b)(i)c). 3
4
iii. Additional density Allowed Through Other Density 5
Bonuses. Once a density of one (1) unit per acre is 6
achieved through the use of TDR credits and TDR 7
Bonus credits, additional density may be achieved 8
as follows: 9
10
a) A density bonus of 0.1 unit per acre shall be 11
allowed for the preservation of additional 12
native vegetation as set forth in Section 13
3.05.07 E.1. of the Code. 14
15
b) A density bonus of 0.1 units per acre shall be 16
allowed for projects that incorporate those 17
additional wetlands mitigation measures set 18
forth in LDC Ssection 3.05.07 F.4.b3.g.ii. of 19
the Code. 20
21
(3) Allowable Uses. 22
23
(a) The Table of Uses below identifies uses as permitted uses 24
(P) or conditional uses (CU). Conditional uses shall require 25
approval in accordance with the procedures set forth in LDC 26
section 10.08.00. 27
28
(a) Uses Permitted as of Right. The following uses are 29
permitted as of right, or as uses accessory to permitted 30
uses: 31
32
i. Agricultural activities, including, but not limited to: 33
Crop raising; horticulture; fruit and nut production; 34
forestry; groves; nurseries; ranching; beekeeping; 35
poultry and egg production; milk production; 36
livestock raising, and aquaculture for native species 37
subject to the State of Florida Fish and Wildlife 38
Conservation Commission permits. Owning, 39
maintaining or operating any facility or part thereof 40
for the following purposes is prohibited: 41
42
a) Fighting or baiting any animal by the owner 43
of such facility or any other person or entity. 44
45
b) Raising any animal or animals intended to be 46
ultimately used or used for fighting or baiting 47
purposes. 48
49
19
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c) For purposes of this subsection, the term 1
baiting is defined as set forth in § 2
828.122(2)(a), F.S., as it may be amended 3
from time to time. 4
5
ii. Single-family residential dwelling units, including 6
mobile homes where a mobile home Zoning Overlay 7
exists. 8
9
iii. Multi-family residential structures, if clustering is 10
employed. 11
12
iv. Rural villages, subject to the provisions set forth 13
under section 2.03.08 A.2.b. below. 14
15
v. Dormitories, duplexes and other types of staff 16
housing, as may be incidental to, and in support of, 17
conservation uses. 18
19
vi. Family Care Facilities: 1 unit per 5 acres and subject 20
to section 5.05.04 of this Code. 21
22
vii. Staff housing as may be incidental to, and in support 23
of, safety service facilities and essential services. 24
25
viii. Farm labor housing limited to 10 acres in any single 26
location: 27
28
a) Single family/duplex/mobile home: 11 29
dwelling units per acre; and 30
31
b) Multifamily/dormitory: 22 dwelling units/beds 32
per acre. 33
34
ix. Sporting and Recreational camps not to exceed 1 35
cabin/lodging unit per 5 gross acres. 36
37
x. Those essential services identified as permitted 38
uses in section 2.01.03 (A) and in accordance with 39
the provisions, conditions and limitations set forth 40
therein. 41
42
xi. Golf courses or driving ranges, subject to the 43
following standards: 44
45
a) The minimum density shall be as follows: 46
47
i) For golf course projects: one (1) 48
dwelling unit per five (5) gross acres. 49
50
20
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ii) For golf course projects not utilizing 1
density blending Provisions set forth 2
in the Density Rating System of the 3
FLUE, including free standing golf 4
courses: one TDR credit or TDR 5
Bonus credit shall be required per 6
five (5) gross acres for the land area 7
utilized as part of the golf course, 8
including the clubhouse area, rough, 9
fairways, greens, and lakes, but 10
excluding any area dedicated as 11
conservation, which is non-irrigated 12
and retained in a natural state. A TDR 13
credit or TDR Bonus credit used to 14
entitle golf course acreage may not 15
also be used to entitle a residential 16
dwelling unit. 17
18
b) Golf courses shall be designed, constructed, 19
and managed in accordance with the Best 20
Management Practices of Audubon 21
International's Gold Signature Program. The 22
project shall demonstrate that the Principles 23
for Resource Management required by the 24
Gold Signature Program (Site Specific 25
Assessment, Habitat Sensitivity, Native and 26
Naturalized Plants and Natural Landscaping, 27
Water Conservation, Waste Management. 28
Energy Conservation & Renewable Energy 29
Sources, Transportation, Greenspace and 30
Corridors, Agriculture, and BUILDING 31
Design) have been incorporated into the golf 32
course's design and operational procedures. 33
34
c) In order to prevent the contamination of soil, 35
surface water and ground water by the 36
materials stored and handled by golf course 37
maintenance operations, golf courses shall 38
comply with the Best Management Practices 39
for Golf Course Maintenance Departments, 40
prepared by the Florida Department of 41
Environmental Protection, May 1995. 42
43
d) To protect ground and surface water quality 44
from fertilizer and pesticide usage, golf 45
courses shall demonstrate the following 46
management practices: 47
48
i) The use of slow release nitrogen 49
sources; 50
21
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1
ii) The use of soil and plant tissue 2
analysis to adjust timing and amount 3
of fertilization applications; 4
5
iii) The use of an integrated pest 6
management program using both 7
biological and chemical agents to 8
control various pests; 9
10
iv) The coordination of pesticide 11
applications with the timing and 12
application of irrigation water; and 13
14
v) The use of the procedure contained 15
in IFAS Circular 1011, Managing 16
Pesticides for Golf Course 17
Maintenance and Water Quality 18
Protection, May 1991 (revised 1995) 19
to select pesticides that will have a 20
minimum adverse impact on water 21
quality. 22
23
e) To ensure water conservation, golf courses 24
shall incorporate the following in their design 25
and operation: 26
27
i) Irrigation systems shall be designed 28
to use weather station information 29
and moisture-sensing systems to 30
determine the optimum amount of 31
irrigation water needed considering 32
soil moisture and evapotranspiration 33
rates. 34
35
ii) Golf courses shall utilize treated 36
effluent reuse water consistent with 37
Sanitary Sewer Sub-Element 38
Objective 1.4 and its policies to the 39
extent that a sufficient amount of 40
such water is available and the piping 41
or other conveyance necessary for 42
delivery of such water exists at a 43
location abutting the golf course 44
property boundary or within 50 feet of 45
such boundary and accessible via 46
existing rights of way or easements; 47
48
iii) Native plants shall be used 49
exclusively except for special 50
22
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purpose areas such as golf greens, 1
fairways, and building sites. Within 2
these excepted areas, landscaping 3
plans shall require that at least 75% 4
of the trees and 50% of the shrubs be 5
freeze-tolerant native Floridian 6
species. At least 75% of the required 7
native trees and shrubs shall also be 8
drought tolerant species. 9
10
f) Stormwater management ponds shall be 11
designed to mimic the functions of natural 12
systems: by establishing shorelines that are 13
sinuous in configuration in order to provide 14
increased length and diversity of the littoral 15
zone. A Littoral shelf shall be established to 16
provide a feeding area for water dependent 17
avian species. The combined length of 18
vertical and rip-rapped walls shall be limited 19
to 25% of the shoreline. Credits to the site 20
preservation area requirements, on an acre- 21
to- acre basis, shall be given for littoral 22
shelves that exceed these littoral shelf area 23
requirements. 24
25
g) Site preservation and native vegetation 26
retention requirements shall be those set 27
forth in section 4.06.00 of this Code. 28
29
xii. Public educational plants and ancillary plants. 30
31
xiii. Oil and gas exploration, subject to applicable state 32
and federal drilling permits and Collier County non -33
environmental site development plan review 34
procedures. Directional-drilling and/or previously 35
cleared or disturbed areas shall be utilized in order 36
to minimize impacts to native habitats, where 37
determined to be practicable. This requirement shall 38
be deemed satisfied upon issuance of a state permit 39
in compliance with the criteria established in Chapter 40
62C-25 through 62C-30, F.A.C., as those rules 41
existed on Oct. 3, 2005 [the effective date of this 42
provision], regardless of whether the activity occurs 43
within the Big Cypress Watershed, as defined in 44
Rule 62C-30.001(2), F.A.C. All applicable Collier 45
County environmental permitting requirements shall 46
be considered satisfied by evidence of the issuance 47
of all applicable federal and/or state oil and gas 48
permits for proposed oil and gas activities in Collier 49
County, so long as the state permits comply with the 50
23
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requirements of Chapter 62C-25 through 62C-30, 1
F.A.C. For those areas of Collier County outside the 2
boundary of the Big Cypress Watershed, the 3
applicant shall be responsible for convening the Big 4
Cypress Swamp Advisory Committee as set forth in 5
Section 377.42, F.S., to assure compliance with 6
Chapter 62C-25 through 62C-30, F.A.C., even if 7
outside the defined Big Cypress Watershed. All oil 8
and gas access roads shall be constructed and 9
protected from unauthorized uses according to the 10
standards established in Rule 62C-30.005(2)(a)(1) 11
through (12), F.A.C. 12
13
xiv. Park, open space, and recreational uses. 14
15
xv. Private schools. 16
17
(b) Accessory uses. shall be regulated as follows: 18
19
i. Accessory uses as set forth in LDC section 2.03.01 20
of this Code. 21
22
ii. Accessory uses and structures that are accessory 23
and incidental to uses permitted as of right in the 24
RFMU district. 25
26
iii. Recreational facilities that serve as an integral part 27
of a residential development and have been 28
designated, reviewed, and approved on a site 29
development plan or preliminary subdivision plat for 30
that development. Recreational facilities may 31
include, but are not limited to clubhouse, community 32
center building, tennis facilities, playgrounds and 33
playfields. 34
35
(c) Any use not listed in the Table of Uses below is prohibited 36
unless the County Manager or designee determines that 37
such use is comparable in nature with the foregoing uses 38
and is consistent with the permitted uses and purpose and 39
intent of the RFMU as determined by the Hearing Examiner 40
or Board of Zoning Appeals, pursuant to LDC section 41
10.02.06 K. it falls within the same class as a listed use 42
through the process outlined in LDC section 1.06.00, Rules 43
of Interpretation. Conditional uses. The following uses are 44
permissible as conditional uses subject to the standards and 45
procedures established in LDC section 10.08.00. 46
47
i. Oil and gas field development and production, 48
subject to state field development permits and 49
Collier County non-environmental site development 50
24
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plan review procedures. Directional-drilling and/or 1
previously cleared or disturbed areas shall be 2
utilized in order to minimize impacts to native 3
habitats, where determined to be practicable. This 4
requirement shall be deemed satisfied upon 5
issuance of a state permit in compliance with the 6
criteria established in Chapter 62C-25 through 62C-7
30, F.A.C., regardless of whether the activity occurs 8
within the Big Cypress Watershed, as defined in 9
Rule 62C-30.001(2), F.A.C. All applicable Collier 10
County environmental permitting requirements shall 11
be considered satisfied by evidence of the issuance 12
of all applicable federal and/or state oil and gas 13
permits for proposed oil and gas activities in Collier 14
County, so long as the state permits comply with the 15
requirements of Chapter 62C-25 through 62C-30, 16
F.A.C. For those areas of Collier County outside the 17
boundary of the Big Cypress Watershed, the 18
applicant shall be responsible for convening the Big 19
Cypress Swamp Advisory Committee as set forth in 20
Section 377.42, F.S., to assure compliance with 21
Chapter 62C-25 through 62C-30, F.A.C., even if 22
outside the defined Big Cypress Watershed. All oil 23
and gas access roads shall be constructed and 24
protected from unauthorized uses according to the 25
standards established in Rule 62-30.005(2)(a)(1) 26
through (12), F.A.C. 27
28
ii. Group care facilities and other care housing 29
facilities, other than family care facilities, subject to 30
a maximum floor area ratio of 0.45. 31
32
iii. Zoos, aquariums, and botanical gardens, and similar 33
uses. 34
35
iv. Facilities for the collection, transfer, processing, and 36
reduction of solid waste. 37
38
v. Community facilities, such as, places of worship, 39
childcare facilities, cemeteries, and social and 40
fraternal organizations. 41
42
vi. Travel trailer recreation vehicle parks, subject to the 43
following criteria: 44
45
a) the site is adjacent to an existing travel trailer 46
recreational vehicle site; and 47
48
b) the site is no greater than 100% of the size 49
of the existing adjacent park site. 50
25
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1
vii. Those essential services identified in sections 2
2.01.03 (G)(1) and (G)(3). 3
4
viii. In RFMU receiving lands other than those within the 5
NBMO, asphalt and concrete batch-making plants. 6
7
ix. In RFMU receiving lands other than those within the 8
NBMO, earth mining and extraction. 9
10
x. Wireless communication facilities, subject to LDC 11
section 5.05.09. 12
13
(d) Table of Uses. 14
15
AGRICULTURAL i. Agricultural
1.a) Agricultural activities, including, but not limited to: Crop
raising; horticulture; fruit and nut production; forestry;
groves; nurseries; ranching; beekeeping; poultry and egg
production; milk production; livestock raising, and
aquaculture for native species subject to the State of Florida
Fish and Wildlife Conservation Commission permits.
P1
RESIDENTIAL ii. Residential
2.b) Dormitories, duplexes and other types of staff housing, as
may be incidental to, and in support of, conservation uses.
P
3.c) Family Care Facilities: 1 unit per 5 acres and subject to LDC
section 5.05.04.
P
4.d) Farm labor housing limited to 10 acres in any single location:
a) Single family/duplex/mobile home: 11 dwelling units per
acre; and
b) Multifamily/dormitory: 22 dwelling units/beds per acre.
P
5.e) Group care facilities and other care housing facilities, other
than family care facilities, subject to a maximum floor area
ratio of 0.45.
CU
6.f) Multi-family residential structures. Subject to residential
clustering provisions outlined in LDC section 2.03.08
A.3.b(2).
P
7.g) Single-family residential dwelling units, including mobile
homes where a mobile home Zoning Overlay exists.
P
8.h) Staff housing as may be incidental to, and in support of,
safety service facilities and essential services.
P
MIXED USE PROJECT CONTAINING HOUSING THAT IS AFFORDABLE
iii. Mixed Use, when developed as part of a housing that is affordable project
26
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9.a) Any permitted use in the C-1 and C-2 zoning districts,
except gasoline service stations (SIC 5541) and standalone
drive-through restaurants (SIC 5812) shall be prohibited.
P2
10.b) Amusement and recreation services, indoor (SIC 7999
martial arts, yoga and gymnastics instruction, gymnastic
schools, and recreation involving physical fitness exercise
only)
P2
11.c) Amusement and recreation services, outdoor (SIC 7999
miniature golf course, bicycle, and moped rental only)
CU2
12.d) Animal specialty services, except veterinary (SIC 0752,
excluding outside kenneling)
P2
13.e) Apparel and accessory stores (SIC 5611- 5699) with 5,000
square feet or less of gross floor area in the principal
structure
P2
14.f) Auto and home supply stores (SIC 5531) with 5,000 square
feet or less of gross floor area in the principal structure
P2
15.g) Bowling centers (SIC 7933) CU2
16.h) Business associations (SIC 8611) P2
17.i) Business services — miscellaneous (SIC 7389, except
auctioneering service, automobile recovery, automobile
repossession, batik work, bondspersons, bottle exchanges,
bronzing, cloth cutting, contractors' disbursement, cosmetic
kits, cotton inspection, cotton sampler, directories-
telephone, drive- away automobile, exhibits- building, filling
pressure containers, field warehousing, fire extinguisher,
floats- decoration, folding and refolding, gas systems, bottle
labeling, liquidation services, metal slitting and shearing,
packaging and labeling, patrol of electric transmission or
gas lines, pipeline or powerline inspection, press clipping
service, process serving services, recording studios,
repossession service, rug binding, salvaging of damaged
merchandise, scrap steel cutting and slitting, shrinking
textiles, solvent recovery, sponging textiles, swimming pool
cleaning, tape slitting, tax collection agencies, texture
designers, textile folding, tobacco sheeting, window
trimming and yacht broker)
P2
18.j) Drug stores (SIC 5912) P2
19.k) Eating places (SIC 5812 only) with 6,000 square feet or less
in gross floor area in the principal structure
P2
20.l) Food stores (groups 5411—5499) with 5,000 square feet or
less of gross floor area in the principal structure
P2
21.m) General merchandise stores (SIC 5331—5399, except
poultry dealer) with 5,000 square feet or less of gross floor
area in the principal structure.
P2
22.n) Health services, office and clinics (SIC 8011-8049, 8071,
8092, 8099, except for blood banks, blood donor stations,
plasmapheresis centers and sperm banks
P2
27
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23.o) Home furniture and furnishings stores (SIC 5712—5719)
with 5,000 square feet or less of gross floor area in
the principal structure.
P2
24.p) Household appliance stores (SIC 5722) with 5,000 square
feet or less of gross floor area in the principal structure
P2
25.q) Laundries, family and commercial (SIC 7211) P2
26.r) Membership organizations, miscellaneous (SIC 8699) P2
27.s) Musical instrument stores (SIC 5736) with 5,000 square feet
or less of gross floor area in the principal structure
P2
28.t) Paint stores (SIC 5231) with 5,000 square feet or less of
gross floor area in the principal structure
P2
29.u) Personal credit institutions (SIC 6141) P2
30.v) Personal services, miscellaneous (SIC 7299 - babysitting
bureaus, clothing rental, costume rental, dating service,
debt counseling, depilatory salons, diet workshops, dress
suit rental, electrolysis, genealogical investigation service,
and hair removal only) with 5,000 square feet or less of
gross floor area in the principal structure
P2
31.w) Personnel supply services (SIC 7361 and 7363) P2
32.x) Physical fitness facilities (SIC 7991; 7911, except
discotheques)
P2
33.y) Political organizations (SIC 8651) P2
34.z) Radio, television and consumer electronics stores (SIC
5731) with 5,000 square feet or less of gross floor area in
the principal structure
P2
35.aa) Membership sports and recreational clubs indoor only (SIC
7997)
CU2
36.bb) Repair services - miscellaneous (SIC 7629—7631, 7699 -
bicycle repair, binocular repair, camera repair, key
duplicating, lawnmower repair, leather goods repair,
locksmith shop, picture framing, and pocketbook repair
only)
P2
37.cc) Retail nurseries, lawn and garden supply stores (SIC 5261)
with 5,000 square feet or less of gross floor area in the
principal structure
P2
38.dd) Retail services - miscellaneous (SIC 5921—5963 except
pawnshops and building materials, SIC 5992-5999 except
auction rooms, awning shops, gravestones, hot tubs,
monuments, swimming pools, tombstones and whirlpool
baths) with 5,000 square feet or less of gross floor area in
the principal structure.
P2
39.ee) Vocational schools (SIC 8243-8299, except automobile
driving instruction, charm schools, charm and modeling
finishing schools, flying instruction, hypnosis schools,
survival schools and truck driving schools. Music and drama
schools shall be limited to 60 decibels audible from outside
CU2
RURAL VILLAGES iv. Rural Villages
28
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40.a) Rural villages, subject to the provisions set forth under LDC
section 2.03.08 A.2.b. below.
P
ECONOMIC DEVELOPMENT USES v. Economic Development uses
that are business and industrial uses and meet the intent of the Florida
Qualified Targeted Industrial uses, as identified in the GMP.
41.a) Apparel and other finished products (2311—2399) P3
42.b) Business services (7311—7313, 7319, 73314—7336,
7342,7389), including auction rooms (5999), subject to
parking and landscaping for retail use
P3
43.d) Communications (4812—4899 including communications
towers up to specified heights, subject to LDC section
5.05.09)
P3
44.e) Depository and non-depository institutions (6011—6163) CU3
45.f) Drugs (2833—2835) P3
46.g) Educational services (8221- 8299) CU3
47.h) Electronic and other electrical equipment (3612—3699) P3
48.i) Engineering, accounting, research, management, and
related services (8711—8748)
P3
49.k) Food and kindred products (2011—2015 except
slaughtering plants, 2021—2099)
P3
50.l) Furniture and fixtures (2511—2599) P3
51.n) Health services (8011—8049, 8092, 8093) CU3
52.o) Holding and other investment offices (6712—6799) CU3
53.p) Industrial and commercial machinery and computer
equipment (3511—3599)
P3
54.q) Insurance agents, brokers, and service (6411) CU3
55.r) Insurance carriers (6311—6399) CU3
56.s) Job Training and Vocational Rehabilitation Services (8331) CU3
57.t) Leather and leather products (3131—3198) P3
58.u) Legal services (8111) P3
59.v) Local and suburban transit (4111—4173) CU3
60.w) Lumber and wood products (2426, 2431—2499) P3
61.x) Measuring, analyzing, and controlling instruments;
photographic, medical, and optical goods; watches and
clocks manufacturing (3812—3873)
P3
62.y) Medical and dental laboratories (8071, 8072) P3
63.z) Medicinal chemicals and botanical products (2833 vitamins
only)
P3
64.aa) Miscellaneous manufacturing industries (3911—3996, 3999
including "additive manufacturing," as defined in ISO ASTM
52900)
P3
65.bb) Miscellaneous services (8999) CU3
66.cc) Motion pictures (7812—7829) P3
67.dd) Motion pictures (7832—7833) CU3
68.ee) Motor freight transportation and warehousing (4212—
42254222, 4226 except oil and gas storage, and petroleum
and chemical bulk stations)
P3
69.gg) Paper and paperboard mills (2621, 2631) CU3
29
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70.hh) Printing, publishing, and allied industries (2711—2796) P3
71.jj) Rubber and miscellaneous plastic products (3021—3089) CU3
72.kk) Sawmills and planing mills (2421, 2429) CU3
73.ll) Security brokers, dealers, and flotation companies (6211) CU3
74.mm) Space research and technology (9661) P3
75.nn) Stone, clay, glass, and concrete products (3211, 3221,
3231, 3251—3273, 3275, 3281), indoor only, with no
outside storage of materials or equipment.
CU3
76.oo) Textile mill products (2211—2298) CU3
77.pp) Title Abstract Offices (6541) CU3
78.qq) Transportation equipment (3714, 3716, 3721—3751, 3792,
3799)
P3
79.rr) Transportation services (4724—4783, 4789 except
stockyards)
CU3
80.ss) United States Postal services (4311) P3
81.tt) Vocational schools (8243—8249) P3
82.uu) Wholesale trade—Durable goods (5012—5014, 5021—
5049, 5063—5092, 5094, 5099), indoor only, with no
outside storage of materials and equipment.
P3
83.vv) Wholesale trade—Nondurable Goods (5111—5159, 5181,
5182, 5191 except that wholesale distribution of chemicals,
fertilizers, insecticides, and pesticides must be a minimum
of 500 feet from a residential zoning district, 5192—5199)
P3
MISCELLANEOUS vi. Miscellaneous
84.a) Asphalt and concrete batch-making plants in RFMU
receiving lands other than those within the NBMO.
CU
85.b) Community facilities, such as, places of worship, childcare
facilities, cemeteries, and social and fraternal organizations.
CU
86.c) Earth mining and extraction in RFMU receiving lands other
than those within the NBMO
CU
87.d) Essential services identified in LDC sections 2.01.03 G.1.
and G.3.
CU
88.e) Facilities for the collection, transfer, processing, and
reduction of solid waste.
CU
89.f) Golf courses or driving ranges. P4
90.g) Oil and gas field development and production, subject to
state field development permits and Collier County non-
environmental site development plan review procedures.
CU5
91.h) Park, open space, and recreational uses. P
92.i) Private schools. P
93.j) Public educational plants and ancillary plants. P
94.k) Travel trailer recreation vehicle parks. CU6
95.l) Sporting and Recreational camps not to exceed 1
cabin/lodging unit per 5 gross acres.
P
96.m) Zoos, aquariums, botanical gardens, and similar uses. CU
1
Footnotes: 2
3
30
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1 Owning, maintaining, or operating any facility or part thereof for 1
the following purposes is prohibited: 2
3
i) Fighting or baiting any animal by the owner of such facility 4
or any other person or entity. 5
6
ii) Raising any animal or animals that is/are intended to be 7
ultimately used for fighting or baiting purposes. 8
9
iii) For purposes of this subsection, the term baiting is 10
defined as set forth in § 828.122(2)(a), F.S., as it may be 11
amended from time to time. 12
13
2 Mixed use development shall be allowed when developed as part 14
of a housing that is affordable project in accordance with the 15
Affordable Housing Density Bonus Rating System of LDC section 16
2.06.03. All permitted neighborhood commercial uses within 17
Affordable Housing projects are subject to the following standards 18
in LDC section 2.03.08 A.2.a.(7). 19
20
3 All permitted economic development uses shall meet the intent of 21
the Florida Qualified Targeted Industrial uses, as identified in the 22
GMP, and be subject to LDC section 2.03.08 A.2.a.(8). 23
24
4 For golf course projects, the following standards shall apply: 25
26
i) The minimum density shall be one dwelling unit per five 27
gross acres. For golf course projects not utilizing density 28
blending Provisions set forth in the Density Rating System 29
of the FLUE, including free standing golf courses: one 30
TDR credit or TDR Bonus credit shall be required per five 31
(5) gross acres for the land area utilized as part of the golf 32
course, including the clubhouse area, rough, fairways, 33
greens, and lakes, but excluding any area dedicated as 34
conservation, which is non-irrigated and retained in a 35
natural state. A TDR credit or TDR Bonus credit used to 36
entitle golf course acreage may not also be used to entitle 37
a residential dwelling unit. 38
39
ii) Golf courses shall be designed, constructed, and 40
managed in accordance with the Best Management 41
Practices of Audubon International's Gold Signature 42
Program. The project shall demonstrate that the 43
Principles for Resource Management required by the 44
Gold Signature Program (Site Specific Assessment, 45
Habitat Sensitivity, Native and Naturalized Plants and 46
Natural Landscaping, Water Conservation, Waste 47
Management. Energy Conservation & Renewable Energy 48
Sources, Transportation, Greenspace and Corridors, 49
Agriculture, and BUILDING Design) have been 50
incorporated into the golf course's design and operational 51
procedures. 52
53
iii) In order to prevent the contamination of soil, surface water 54
and ground water by the materials stored and handled by 55
31
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golf course maintenance operations, golf courses shall 1
comply with the Best Management Practices for Golf 2
Course Maintenance Departments, prepared by the 3
Florida Department of Environmental Protection, 4
September 2012. 5
6
iv) Stormwater management ponds shall be designed to 7
mimic the functions of natural systems: by establishing 8
shorelines that are sinuous in configuration in order to 9
provide increased length and diversity of the littoral zone. 10
A Littoral shelf shall be established to provide a feeding 11
area for water dependent avian species. The combined 12
length of vertical and rip-rapped walls shall be limited to 13
25% of the shoreline. Credits to the site preservation area 14
requirements, on an acre- to- acre basis, shall be given 15
for littoral shelves that exceed these littoral shelf area 16
requirements. 17
18
v) Site preservation and native vegetation retention 19
requirements shall be those set forth in LDC section 20
3.05.07 21
22
5 Directional-drilling and/or previously cleared or disturbed areas 23
shall be utilized in order to minimize impacts to native habitats, 24
where determined to be practicable. This requirement shall be 25
deemed satisfied upon issuance of a state permit in compliance 26
with the criteria established in Chapter 62C-25 through 62C-30, 27
F.A.C., regardless of whether the activity occurs within the Big 28
Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All 29
applicable Collier County environmental permitting requirements 30
shall be considered satisfied by evidence of the issuance of all 31
applicable federal and/or state oil and gas permits for proposed oil 32
and gas activities in Collier County, so long as the state permits 33
comply with the requirements of Chapter 62C-25 through 62C-30, 34
F.A.C. For those areas of Collier County outside the boundary of 35
the Big Cypress Watershed, the applicant shall be responsible for 36
convening the Big Cypress Swamp Advisory Committee as set 37
forth in Section 377.42, F.S., to assure compliance with Chapter 38
62C-25 through 62C-30, F.A.C., even if outside the defined Big 39
Cypress Watershed. All oil and gas access roads shall be 40
constructed and protected from unauthorized uses according to 41
the standards established in Rule 62-30.005(2)(a)(1) through (12), 42
F.A.C. 43
44
6 Subject to the following criteria: 45
46
i) The site is adjacent to an existing travel trailer recreational 47
vehicle site; and 48
49
ii) The site is no greater than 100% of the size of the existing 50
adjacent park site. 51
52
(4) Design Standards. 53
54
32
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(a) Non-clustered development, Development Not Utilizing 1
clustering, except for Mixed Use and Economic 2
Development, are shall be subject to LDC sections 2.03.08 3
A.2.a.(7) and 2.03.08 A.2.a.(8), respectively: 4
5
i. Minimum lot area: 5 Acres. 6
7
ii. Minimum lot width: 165 Feet. 8
9
iii. Minimum yard requirements: 10
11
a) Front yard: 50 feet 12
13
b) Side yard: 30 feet 14
15
c) Rear yard: 50 feet 16
17
d) Nonconforming lots in existence as of June 18
22, 1999: 19
20
i) Front yard: 40 feet. 21
22
ii) Side yard: 10 percent of lot width, not 23
to exceed 20 feet on each side. 24
25
iii) Rear yard: 50 feet. 26
27
(b) Clustered development: 28
29
i. Lot areas and widths: 30
31
a) Ssingle-family: 32
33
i) Minimum lot area: 4,500 square feet. 34
35
ii) Maximum lot area: One Acre. 36
37
iii) Minimum lot width: Interior lots 40 38
feet. 39
40
iv. Maximum lot width: 150 feet. 41
42
b) Mmulti-family: 43
44
i) Minimum lot area: One Acre. 45
46
ii) Maximum lot area: None. 47
48
iii) Minimum lot width: 150 feet. 49
50
33
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iv) Maximum lot width: None. 1
2
ii. Minimum yard requirements: 3
4
a) Single-Family. Each single-family lot or 5
parcel minimum yard requirement shall be 6
established within an approved PUD, or shall 7
comply with the following standards: 8
9
i) Front: 20 feet (Note front yard 10
setback may be reduced to 10 feet 11
where parking for the unit is 12
accessed via a rear alley). 13
14
ii) Side: 6 feet. 15
16
iii) Rear: 15 feet. 17
18
iv) Accessory: Per LDC section 4.02.03. 19
20
b) Additional setbacks from roadway (s) for 21
projects using housing that is affordable 22
provisions: 23
24
i) No single-family dwelling may be 25
located closer than 50 feet to a 26
roadway classified as a public local or 27
a collector roadway. 28
29
ii) No single-family dwelling may be 30
located closer than 100 feet to a 31
roadway classified as an arterial 32
roadway. 33
34
cb) Multi-Family. For each multi-family lot or 35
parcel minimum yard shall be established 36
within an approved PUD, or shall comply with 37
the following standards: 38
39
i) Setback from Arterial or Collector 40
roadway(s): no multi-family dwelling 41
may be located closer than 200 feet 42
to a roadway classified or defined as 43
an arterial roadway or 100 feet from 44
any roadway classified or defined as 45
a collector roadway. 46
47
ii) Additional setbacks from roadway (s) 48
for projects using housing that is 49
affordable provisions: no multi-family 50
34
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dwelling may be located closer than 1
75 feet to a roadway classified as a 2
public local roadway. Requirement 3
shall only apply to roadways external 4
to the development. Front: 30 feet. 5
6
iii) Front: 30 feet. 7
8
iviii) Rear: 30 feet. 9
10
iv) Side yard/separation between any 11
multi-family buildings: One-half of the 12
building height or 15 feet, whichever 13
is greater. 14
15
vi) Accessory: Per LDC section 4.02.03. 16
17
iii. Additional setbacks for developments using housing 18
that is affordable provisions: 19
20
a) Perimeter setbacks from all adjacent single-21
family residential or agriculturally zoned 22
property shall be no less than the front 23
setback requirement for the adjacent zoning 24
district or a minimum of one foot (setback) 25
per one-foot maximum zoned height for 26
principal structures, whichever is greater. 27
28
b) Clubhouse(s), amenity centers, maintenance 29
buildings, vehicle service areas, amenity 30
centers that include active recreation areas 31
such as outdoor pools, tennis courts, etc. 32
must be located at least 350 feet from the 33
boundaries of any adjacent conservation 34
area or zoned RFMU sending lands. 35
36
c) Development must incorporate 100-foot-37
wide setbacks along external boundaries 38
where adjacent to any conservation area and 39
comply with the following: 40
41
i) No yard or dwelling unit shall be 42
permitted within this setback. 43
44
ii) No lights, generators, pumps, other 45
fixed motors or accessory structures 46
except as noted below shall be 47
permitted within this setback. 48
49
35
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iii) Passive recreation such as hiking, 1
jogging, biking and walking will be 2
allowed along designated trail and 3
boardwalk systems and must 4
interconnect with existing trail 5
systems. 6
7
iv) Lakes may extend into this setback 8
but shall not incorporate lights or 9
structures, other than drainage 10
structures. 11
12
v) Any sewer or electrical lines that is 13
placed within this setback must be 14
buried. 15
16
iviii. Height limitations 17
18
a) Principal structures 19
20
i) Single Family: 35 feet. 21
22
ii) Multi-family: Five Stories not to 23
exceed 60 feet. 24
25
iii) Other structures: 35 feet except for 26
golf course/community clubhouses, 27
which may be 50 feet in height. 28
29
b) Accessory structures. 20 feet, except for 30
screen enclosures, which may be the same 31
height as the principal structure. 32
33
iv. Minimum floor space 34
35
a) Single Family: 800 square feet 36
37
b) Multi-family: 38
39
i) Efficiency: 450 Square feet 40
41
ii) One Bedroom: 600 square feet 42
43
iii) Two or More Bedrooms: 800 square 44
feet 45
46
(c) Parking. As required in Chapter 4 of this Code. 47
48
(d) Landscaping. As required in Chapter 4 of this Code, except 49
as provided below for residential projects or residential-only 50
36
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components of projects with a density greater than one 1
dwelling unit per acre, including projects using housing that 2
is affordable provisions. 3
4
i. A Type B Buffer shall be required for all project 5
boundaries that abut property zoned or developed 6
for single family residential use. 7
8
ii. A minimum 20-foot-wide Type D Buffer shall be 9
required where abutting an arterial or collector 10
roadway. At minimum, the buffer shall consist of the 11
following at the time of planting: 12
13
a) Canopy trees, with a minimum height of 12 14
feet, minimum spread of six feet, and a 15
maximum spacing of 30 feet on center. Palm 16
trees may be installed within this buffer but 17
shall not be used as a substitute for the 18
required canopy trees. 19
20
ba) A continuous double row of three-gallon 21
hedges, 36 inches in height with a maximum 22
spacing of three feet on center. The hedges 23
shall be maintained at a minimum height of 24
36 inches. 25
26
b) A meandering bed of groundcover placed 27
between the hedges and the roadway. The 28
bed of groundcover shall be a minimum width 29
of three feet, a maximum width of five feet, 30
and achieve 100 percent opacity and 31
coverage within one year of planting. 32
33
iii. All other project boundaries shall meet the buffer 34
requirements of LDC section 4.06.02, except that 35
palm trees shall not be substituted for canopy trees. 36
37
(e) Signs. As required in section 5.06.00 of this Code. 38
39
(5) Native vegetation Retention. As required in section 3.05.074.06.00 40
of this Code. 41
42
(6) Usable open space. 43
44
(a) Projects utilizing TDR credits of 40 or more acres in size 45
shall provide a minimum of 70% percent usable open space. 46
Projects developed in accordance with LDC section 2.06.00 47
shall provide a minimum of 50 percent usable open space. 48
49
37
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(b) Usable open space includes active or passive recreation 1
areas such as parks, playgrounds, golf courses, waterways, 2
lakes, nature trails, and other similar open spaces. Usable 3
open space shall also include areas set aside for 4
conservation or preservation of native vegetation and 5
landscape areas. 6
7
(c) Open water beyond the perimeter of the site, street right-of-8
way, except where dedicated or donated for public uses, 9
driveways, off-street parking and loading areas, shall not be 10
counted towards required usable open space. 11
12
(d) For projects that provide housing that is affordable, the 13
following standards shall apply: 14
15
i. All usable open space areas shall be part of a larger 16
continuous and integrated open space system within 17
the development. The development shall include an 18
internal pedestrian circulation system that provides 19
safe and easy access to usable open space from all 20
portions of the development. For the purpose of this 21
subsection, areas shall be considered part of a 22
continuous open space system if they are within 50 23
feet of each other. 24
25
ii. A minimum of 60 percent of the total required usable 26
open space shall be required as common open 27
space. For the purpose of this subsection common 28
open space shall include all usable open space 29
accessible to all residents of the development. 30
31
iii. Common open space shall not be less than 30 feet 32
in width; except for landscape buffer areas and 33
boulevard medians. 34
35
iv. Access rights to common open space for all 36
residents within the development shall be 37
guaranteed. Pedestrian access to usable open 38
space via street right-of-way crossing shall contain 39
clearly marked crosswalks and signage. 40
41
v. Stormwater drainage and detention areas may be 42
included as part of common open space, provided 43
they are unfenced, and improved with walking trails, 44
nature paths, picnic facilities, benches and similar 45
amenities or for common use by all residents within 46
the development. 47
48
vi. Land utilized for common open space shall be 49
restricted to common open space in perpetuity by 50
38
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appropriate legal instruments satisfactory to Collier 1
County. Such instrument shall be binding upon the 2
owner, developer, his successors, and assigns, and 3
shall constitute a covenant running with the land, 4
and be in recordable form. 5
6
(7) Mixed use projects providing housing that is affordable. 7
8
(a) Project shall have an affordable housing density bonus 9
agreement consistent with LDC section 2.06.00. 10
11
(b) The total eligible density shall not exceed the maximum 12
density allowed pursuant to the GMP and subject to the 13
affordable housing density bonus per LDC section 2.06.00. 14
15
(c) Residential density shall be calculated based on gross 16
project acreage whether located within the commercial 17
component of the project, whether located above 18
commercial uses in the same building, in an 19
attached building, or in a freestanding building. 20
21
(d) Projects shall comply with the design standards, 22
development standards and locational criteria below: 23
24
i. Minimum project size shall be greater than 15 acres. 25
26
ii. Maximum floor area ratio for neighborhood 27
commercial component: 0.30. 28
29
iii. Minimum total square footage of the residential 30
component of the project shall consist of at least 31
65% of the development. 32
33
iv. No single commercial use in the commercial 34
component shall exceed 15,000 square feet of gross 35
leasable floor area, except that a grocery store or 36
supermarket shall not exceed 45,000 square feet of 37
gross leasable floor area. 38
39
v. Residential uses shall be constructed concurrently 40
with or prior to the construction of commercial uses. 41
The following table indicates the maximum 42
proportion of the total permitted commercial 43
floorspace that may be occupied for a minimum 44
proportion of residential land uses commenced. 45
46
Phasing Limits 47
48
39
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Minimum
Residential
Development
Maximum
Commercial
Development
25% 25%
50% 50%
75% 100%
1
vi. Neighborhood commercial uses shall be located 2
within 1/4 mile of at least 50% of the total number of 3
approved residential units. 4
5
vii. Minimum lot width: 75 feet. 6
7
viii. Minimum lot area: 10,000 square feet. 8
9
ix. Maximum height. Buildings shall have a maximum 10
zoned height of 50 feet and a maximum actual height 11
of 55 feet. 12
13
x. Minimum yards. 14
15
a) Perimeter setbacks from all adjacent single-16
family residential or agriculturally zoned 17
property shall be no less than the front 18
setback requirement for the adjacent zoning 19
district or a minimum of one foot (setback) 20
per one-foot maximum zoned height for 21
principal structures, whichever is greater. 22
23
b) Front yard: 50% of the building height but not 24
less than 25 feet. 25
26
c) Side yard: 25 feet. 27
28
xi. The development shall provide vehicular network 29
interconnections between internal uses and external 30
connections to adjoining neighborhoods and land 31
uses. The network shall fully accommodate 32
pedestrian, bicycle, and transit. Vehicular and 33
pedestrian interconnection shall be provided to the 34
property line to allow access to all connection points 35
with the abutting development. 36
37
xii. The commercial component shall be interconnected 38
with the residential component of the project 39
by streets, or pedestrian pathways, and bike lanes, 40
unless precluded by the existence of wetlands or 41
other environmentally sensitive habitats. In such 42
instance, no less than one type of interconnection 43
shall be provided. 44
40
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1
xiii. The project shall have direct access to a road 2
classified as an arterial or collector and the type 3
of access points shall be limited, as appropriate, so 4
as to minimize disruption of traffic flow on 5
the adjacent arterial or collector roadway. 6
7
xiv. The neighborhood commercial component of the 8
project may be located internal to the project or 9
along the boundary; however, if externally located, 10
internal access roads shall be provided, so as not to 11
promote strip commercial development along 12
external collector and arterial roadways. 13
14
xv. Development must incorporate a setback of 100150 15
feet where adjacent to any conservation area. In 16
addition, the following shall apply: 17
18
a) No structure shall be permitted within this 19
setback. 20
21
b) No lights, generators, pumps, other fixed 22
motors or accessory structures, except as 23
noted below, shall be permitted within this 24
setback. 25
26
i) Passive recreation, such as hiking, 27
jogging, biking and walking will be 28
allowed along designated trail and 29
boardwalk systems and must 30
interconnect with existing trail 31
systems. 32
33
ii) Lakes may extend into this setback 34
but shall not incorporate lights or 35
structures, other than drainage 36
structures. 37
38
iii) Any sewer or electrical lines placed 39
within this setback must be buried. 40
41
xvi. Operations. 42
43
a) There shall be no vehicle associated repair 44
of vehicles within the commercial 45
component. 46
47
b) The hours of operation for any eating 48
establishment shall be limited to the hours 49
between 5:30 a.m. to 11:00 p.m. 50
41
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1
c) There shall be no outdoor display of 2
merchandise associated with hardware 3
stores. 4
5
d) There shall be no outdoor amplified sound, 6
televisions or music within the commercial 7
component. 8
9
xvii. Service area. 10
11
a) Loading docks, solid waste facilities, 12
recycling facilities and other services shall be 13
placed to the rear or side yard of 14
the building in visually unobtrusive locations 15
with minimum impacts on view. 16
17
b) Refuse containers and facilities shall be 18
hidden by an opaque wall or fencing of 19
sufficient height to screen the bin and any 20
appurtenances, but not less than six (6) feet 21
in height. Chain link fencing, wood fencing 22
and chain link gates are not allowed. Walls 23
shall be constructed of a material compatible 24
with the principal structure it is serving. 25
Landscaping with vines or other plants is 26
encouraged. Enclosures shall include solid 27
latchable gates to avoid blowing refuse. 28
29
c) Service area recesses in the building and/or 30
depressed access ramps should also be 31
used where applicable. 32
33
d) Businesses are encouraged to consolidate 34
and share refuse areas and equipment. 35
36
xviii. Landscape buffers. 37
38
a) A Type B Buffer shall be required along all 39
project boundaries that abut property zoned 40
or developed for single family residential use. 41
42
b) A minimum 20-foot-wide Type D Buffer shall 43
be required where abutting an arterial or 44
collector roadway. At minimum, the buffer 45
shall consist of the following at the time of 46
planting: 47
48
i) For housing that is affordable 49
projects, canopy Canopy trees, with a 50
42
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minimum height of 102 feet, minimum 1
spread of six feet, and a maximum 2
spacing of 30 feet on center. Palm 3
trees may be installed within this 4
buffer but shall not be used as a 5
substitute for the required shade 6
trees. 7
8
ii) A continuous double row of three-9
gallon hedges, 36 inches in height 10
with a maximum spacing of three feet 11
on center. The hedges shall be 12
maintained at a minimum height of 36 13
inches. 14
15
iii) A meandering bed of groundcover 16
placed between the hedges and the 17
roadway. The bed of groundcover 18
shall be a minimum width of three 19
feet, a maximum width of five feet, 20
and achieve 100 percent opacity and 21
coverage within one year of planting. 22
23
c) All other project boundaries shall meet 24
the buffer requirements of LDC section 25
4.06.02, except that palm trees shall not 26
be substituted for shade trees. 27
28
xix. Architectural design. The neighborhood commercial 29
component of the project shall meet design 30
guidelines identified in LDC section 5.05.08 of this 31
LDC, except as otherwise excepted or required 32
herein. 33
34
(8) For economic development uses allowed by the Table of uses in 35
accordance with in LDC section 2.03.08 A.2.a.(3)(d)v.: 36
37
(a) Minimum project size. The minimum project size shall be 20 38
contiguous acres. The term contiguous shall include 39
adjacent properties that are separated by either an 40
intervening, planned, or developed public street right-of-41
way, provided that no such portions of separated properties 42
are less than five acres. 43
44
(b) The project shall have direct access to a road classified as 45
an arterial or collector. The project shall have an internal 46
circulation system that prohibits traffic from traveling 47
through predominantly residential areas. The types 48
of access points shall be limited, as appropriate, so as to 49
43
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minimize disruption of traffic flow on the adjacent 1
arterial or collector roadway. 2
3
(c) The project shall have central water and sewer. 4
5
(d) A maximum floor area ratio shall not exceed 0.50. 6
7
(e) Minimum lot width: 100 feet. 8
9
(f) Minimum lot area: 20,000 square feet 10
11
(g) Maximum height. Buildings shall have a maximum zoned 12
height of 50 feet and a maximum actual height of 55 feet. 13
14
(h) Minimum yards. 15
16
i. Front yard: 50 feet. 17
18
ii. Side yard: 50 feet. 19
20
iii. Rear yard: 50 feet. 21
22
iv. All yards abutting residential uses, residential 23
zoning, or roadways classified as a collector or 24
arterial shall comply with the transition zone height 25
setbacks identified below. 26
27
a) For buildings with an actual height of 35 feet 28
or less: 50 feet. 29
30
b) For buildings with an actual height of 45 feet 31
and greater than 35 feet: 80 feet. 32
33
c) For buildings with an actual height of 55 feet 34
and greater than 45 feet: 110 feet. 35
36
v. For lots adjacent to a water body, the minimum yard 37
requirement is 25 feet. 38
39
(i) Parking. As required in Chapter 4 of this Code. 40
41
(j) Landscape buffers. 42
43
i. A 25-foot-wide Type C Buffer shall be required along 44
all project boundaries that abut property zoned or 45
developed for residential use. At minimum, the 46
buffer shall include an architecturally finished 47
masonry wall, berm, or combination thereof, and all 48
must be opaque and at least six feet in height. 49
50
44
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ii. A minimum 25-foot-wide Type C Buffer shall be 1
required where abutting an arterial or collector 2
roadway. At minimum, the buffer shall consist of the 3
following at the time of planting: 4
5
a) For housing that is affordable projects, 6
canopy Canopy trees, with a minimum height 7
of 102 feet, and maximum spacing of 30 feet 8
on center. Palm trees may be installed within 9
this buffer but shall not be used as a 10
substitute for the required canopy trees. 11
12
b) A continuous double row of three-gallon 13
hedges, 36 inches in height, with a maximum 14
spacing of three feet on center. The hedges 15
shall be maintained at a minimum height of 16
36 inches. 17
18
c) A meandering bed of groundcover placed 19
between the hedges and the roadway. The 20
bed of groundcover shall be a minimum width 21
of three feet, a maximum width of five feet, 22
and achieve 100 percent opacity and 23
coverage within one year of planting. 24
25
iii. All other project boundaries shall meet the buffer 26
requirements of a Type C Buffer. Palm trees shall 27
not be substituted for canopy trees. 28
29
iv. Development must incorporate 100-foot-wide 30
setbacks along external boundaries where adjacent 31
to any public conservation area and comply with the 32
following: 33
34
a) No yard or dwelling unit shall be permitted 35
within this setback. 36
37
b) No lights, generators, pumps, other fixed 38
motors or accessory structures except as 39
noted below shall be permitted within this 40
setback. 41
42
c) Passive recreation such as hiking, jogging, 43
biking and walking will be allowed along 44
designated trail and boardwalk systems and 45
must interconnect with existing trail systems. 46
47
d) Lakes may extend into this setback but shall 48
not incorporate lights or structures, other 49
than drainage structures. 50
45
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1
e) Any sewer or electrical lines that is placed 2
within this setback must be buried. 3
4
(k) Loading areas. All loading areas shall be oriented away 5
from adjacent residential uses, except for where obstructed 6
by an intervening building. 7
8
(l) Outside storage and display. No outside storage and display 9
shall be permitted except when approved as part of a 10
temporary/special event in accordance with LDC section 11
5.04.05. 12
13
(m) Operations. 14
15
i. All activity associated with the uses in this category 16
shall be conducted within a fully enclosed building. 17
Activity includes but is not limited to the following: 18
19
a) The use or storage of any fixed or movable 20
business equipment. 21
22
b) The use, storage, display, sale, delivery, 23
offering for sale, production, or consumption 24
in any business, or by any business invitee 25
on the premises of the business, of any 26
goods, wares, merchandise, products, or 27
foods. 28
29
iii) The performance of any work or services. 30
31
iv) All use operations and equipment, including 32
accessory process equipment, such as 33
compressors and air handlers, shall be 34
contained in an enclosed structure. 35
36
ii. Noise. No use shall produce noise exceeding the 37
sound level limits for Commercial or Tourist uses as 38
set forth in the Collier County Noise Control 39
Ordinance No. 90-17, as amended. 40
41
iii. Odors. No use shall cause or allow the emission of 42
odor. 43
44
iv. Vibrations. No use shall operate to produce ground 45
vibration noticeable by a reasonable person with 46
normal sensitivity, outside the building for single-use 47
buildings or outside the Economic Development use 48
space inside mixed use and multi-tenant buildings. 49
50
46
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v. Smoke and particulate matter. No use shall 1
discharge outside the building for single-use 2
buildings or outside the Economic Development use 3
space inside mixed use and multi-tenant building 4
any toxic or noxious matter in such a concentration 5
that will endanger the public health, safety, comfort, 6
or general welfare. 7
8
vi. Electrical disturbance. No use shall create any 9
electrical disturbance which interferes unduly with 10
the normal operation of equipment or instruments or 11
which is reasonably likely to cause injury to any 12
person located inside or outside building. 13
14
vii. Secondary containment. Secondary containment 15
such as double walled tanks, leak-proof trays, floor 16
curbing or other containment systems which provide 17
secondary liquid containment shall be installed for 18
facilities that use, store, or handle, regulated 19
substances in a single container of 55 gallons or 20
more. The containment structure shall be capable of 21
containing 110% of the volume of the largest 22
container located within, be composed of materials 23
impervious to the regulated substance, and be able 24
to withstand deterioration from external 25
environmental conditions. For containment areas 26
with more than one storage container, capacity 27
calculations shall be made after deducting the 28
volume of the largest storage containers, other than 29
the largest container. All regulated substances must 30
be removed from the containment structure within 31
24-hours of a spill or accidental release. 32
Containment structures shall be sheltered so that 33
the intrusion of precipitation is effectively prevented. 34
These requirements shall apply to all areas of 35
storage use, handling, and production, loading and 36
off-loading areas, and to aboveground and 37
underground storage areas. 38
39
(n) Architectural and site design standards. 40
41
i. Appearance. Industrial/factory buildings shall be 42
designed in accordance with the provisions of LDC 43
section 5.05.08, excluding the exceptions, 44
modifications, and additions listed in LDC section 45
5.05.08 E.7.b through h. 46
47
ii. Rooftop mechanical equipment shall be fully 48
screened by parapets or other methods of screening 49
47
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and such parapets or other screening material shall 1
not exceed 10 feet in height. 2
3
iii. Loading areas. All loading areas shall be oriented 4
away from adjacent residential uses, except for 5
where obstructed by an intervening building. 6
Loading areas, solid waste facilities, recycling 7
facilities, and other services elements shall be 8
placed to the sides or rear of the building. 9
10
iv. All exterior lighting fixtures shall be directed away or 11
shielded from neighboring properties. 12
13
v. Illumination levels for exterior lighting shall not 14
exceed 0.5 footcandles at property lines where 15
adjacent to residential development or residentially 16
zoned property, excluding where required pursuant 17
to LDC section 6.06.03. 18
19
b. Rural villages. Rural villages, including rural villages within the NBMO, may 20
be approved within the boundaries of RFMU receiving lands, subject to the 21
following: 22
23
(1) Allowable Uses: 24
25
(a) All permitted uses identified in section 2.03.08A.2.a.(3)(a), 26
when specifically identified in, and approved as part of, a 27
RURAL VILLAGE PUD. 28
29
(b) CONDITIONAL USES 1 through 5, and 7 identified in 30
section 2.03.08A.2.a.(3)(c), when specifically identified in, 31
and approved as part of a RURAL VILLAGE PUD. 32
33
(c) All permitted and accessory uses listed in the C-4 General 34
Commercial District, section 2.03.02 (E), subject to the 35
design guidelines and development standards set forth in 36
this Section. 37
38
(d) Research and Technology Parks, with a minimum size of 19 39
acres and a maximum size of 4% of the total rural village 40
acreage, subject to the design guidelines and development 41
standards set forth herein, the applicable standards 42
contained in LDC section 2.03.06 C.7. Research and 43
technology park planned unit development district 44
guidelines and development standards, and further subject 45
to the following: 46
47
i. Research and Technology Parks shall be permitted 48
to include up to 20% of the total acreage for non-49
target industry uses of the type identified in 50
48
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paragraph (3) below; and, up to 20% of the total 1
acreage for workforce housing, except as provided 2
in paragraph (7) below. At a minimum, 60% of the 3
total park acreage must be devoted to target industry 4
uses identified in paragraph (2) below. The specific 5
percentage and mix of each category of use shall be 6
determined at the time of rural village PUD rezoning. 7
8
ii. The target industries identified by the Economic 9
development Council of Collier County are 10
aviation/aerospace industry, health technology 11
industry and information technology industry, and 12
include the following uses: software development 13
and programming; internet technologies and 14
electronic commerce; multimedia activities and CD-15
ROM development; data and information 16
processing; call center and customer support 17
activities; professional services that are export 18
based such as laboratory research or testing 19
activities; light manufacturing in the high tech target 20
sectors of aviation/aerospace and health and 21
information technologies; office uses in connection 22
with on-site research; development testing and 23
related manufacturing; general administrative offices 24
of a research and development firm; educational, 25
scientific and research organizations; production 26
facilities and operations. 27
28
iii. Non-target industry uses may include hotels at a 29
density consistent with the provisions in section 30
2.03.02 and those uses in the C-1 through C-3 31
Zoning Districts that provide support services to the 32
target industries such as general office, banks, 33
fitness centers, personal and professional services, 34
medical, financial and convenience sales and 35
services, computer related businesses and services, 36
employee training, technical conferencing, day care 37
centers, restaurants and corporate and government 38
offices. 39
40
iv. The rural village PUD shall include standards for the 41
development of individual building parcels within the 42
park and general standards shall be adopted for 43
pedestrian and vehicular interconnections, buffering, 44
landscaping, open spaces, signage, lighting, 45
screening of outdoor storage, parking and access 46
management, all to be consistent with and 47
compatible to the other uses within the village. 48
49
49
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v. The Research and Technology Park must be 1
adjacent to, and have direct access via an existing 2
or developer constructed local road to an arterial or 3
collector roadway. The portion of the local roadway 4
intended to provide access to the Research and 5
Technology Park shall not be within a residential 6
neighborhood and does not service a predominately 7
residential area. 8
9
vi. The Research and Technology Park shall be 10
compatible with surrounding land uses. Accordingly, 11
it shall be separated from any residentially zoned or 12
designated land within the rural village by a minimum 13
Type "C" landscape buffer, as set forth in section 14
4.06.00 of this Code. 15
16
vii. Whenever workforce housing is provided, it shall be 17
fully integrated with other compatible uses in the 18
park through mixed-use buildings and/or through 19
pedestrian and vehicular interconnections. 20
21
viii. Building permits for non-target industry uses 22
identified in paragraph (3) above shall not be issued 23
prior to issuance of the first building permit for a 24
target industry use. 25
26
(e) Any other use deemed by the Board of County 27
Commissioner to be appropriate and compatible within a 28
rural village. 29
30
(2) Mix of Neighborhood Types. Rural villages shall be comprised of 31
several neighborhoods designed in a compact nature such that a 32
majority of residential development is within one-quarter mile of a 33
neighborhood center or village center. nNeighborhood centers may 34
include small-scale service retail and office uses, and shall include 35
a public park, square, or green. Village centers shall be designed 36
to serve the retail, office, civic, government uses and service needs 37
of the residents of the rural village. The village center shall be the 38
primary location for commercial uses. rural villages shall be 39
surrounded by a green belt in order to protect the character of the 40
rural landscape and to provide separation between rural villages 41
and the low density rural development, agricultural uses, and 42
conservation lands that may surround the rural village. Rural 43
villages shall be designed to include the following: a mixture of 44
residential housing types; institutional and/or commercial uses; and 45
recreational uses, all of which shall be sufficient to serve the 46
residents of the rural village and the surrounding lands. In addition, 47
except as specifically provided otherwise for rural villages within the 48
NBMO, the following criteria and conditions shall apply to all rural 49
villages. 50
50
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1
(a) Allocation of Land Uses. Specific allocations for land uses 2
including residential, commercial and other non-residential 3
uses within rural villages, shall include, but are not limited 4
to: 5
6
i. A mixture of housing types, including attached 7
and/or detached single family, as well as multi-family 8
shall be provided within a rural village. A minimum of 9
0.2 units per acre in a rural village shall be affordable 10
housing, of which at least 0.1 units per acre shall be 11
workforce housing. The rural village shall be 12
designed so as to disperse the Affordable and 13
workforce housing units throughout the Village 14
rather than concentrate them in a single location. 15
16
ii. A mixture of recreational uses, including parks and 17
village greens. 18
19
iii. Civic, community, and other institutional uses. 20
21
iv. A mixture of lot sizes, with a design that includes 22
more compact development and attached dwelling 23
units within neighborhood centers and the village 24
center, and reduced net densities and increasingly 25
larger lot sizes for detached residential dwellings 26
generally occurring as development extends 27
outward from the village center. 28
29
v. A mixture of retail, office, and services uses. 30
31
vi. If requested by the Collier County School Board 32
during the PUD and/or DRI review process, school 33
sites shall be provided and shall be located to serve 34
a maximum number of residential dwelling units 35
within walking distance to the schools, subject to the 36
following criteria: 37
38
a) Schools shall be located within or adjacent to 39
the village center; 40
41
b) A credit toward any applicable school 42
impacts fees shall be provided based upon 43
an independent evaluation/appraisal of the 44
value of the land and/or improvements 45
provided by the developer; and 46
47
c) Schools shall be located in order to minimize 48
busing of students and to co-locate schools 49
with public facilities and civic structures such 50
51
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as parks, libraries, community centers, public 1
squares, greens and civic areas. 2
3
vii. Within the NBM Overlay, elementary schools shall 4
be accessed by local streets, pedestrian and bicycle 5
facilities, and shall be allowed in and adjacent to the 6
rural village center, provided such local streets 7
provide adequate access as needed by the School 8
Board. 9
10
viii. Greater than 50 percent of residential development 11
shall be located within one quarter mile of a 12
Neighborhood Center or Village Center. 13
14
ix. Rural villages shall include a Village Center and a 15
minimum of two distinct neighborhoods. 16
17
(b) Acreage Limitations. 18
19
i. Rural villages shall be a minimum of 300 acres and 20
a maximum of 1,500 acres, exclusive of the required 21
green belt, with exception that the maximum size of 22
a rural village within those RFMU receiving lands 23
south of the Belle Meade NRPA shall not exceed 24
2,500 acres. 25
26
ii. Neighborhood center - 0.5% of the total rural village 27
acreage, not to exceed 10 acres, within each 28
neighborhood center. 29
30
a) Small-scale service retail and office uses 31
allowed with a maximum FAR of 0.5. 32
33
b) Parks and public green spaces shall be 34
required within the neighborhood center with 35
a minimum size of one percent of the total 36
village acreage. 37
38
iii. Neighborhood center Commercial - Not to exceed 39
40% of the neighborhood center acreage and 8,500 40
square feet of gross leasable floor area per acre. 41
42
iviii. Village center. - Not to exceed 10% of the total rural 43
village acreage. 44
45
v. Village center commercial - Not to exceed 30% of 46
the village center acreage and 10,000 square feet of 47
gross leasable floor area per acre. 48
49
52
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a) Retail and office uses shall have a maximum 1
FAR of 0.5. 2
3
b) Civic, government, and institutional services 4
shall have a maximum FAR of 0.6. 5
6
c) Group housing uses shall have a maximum 7
FAR of 0.45. 8
9
d) Transient lodging shall have a maximum of 10
26 units net acre. 11
12
e) Goods and services shall be required in the 13
village center and with a minimum of 53 14
square feet of gross building area per 15
dwelling unit. 16
17
f) Civic, government, and institutional services 18
shall be required in the village center and 19
with a minimum of 10 square feet per 20
dwelling unit. 21
22
viiv. Research and Technology Parks are allowed, 23
provided they are limited to a minimum size of 19 24
acres and a maximum size of 4% of the total rural 25
village acreage. 26
27
vii. Civic Uses and Public Parks - Minimum of 10% of 28
the total rural village acreage. 29
30
(3) Density. A rural village shall have a minimum density of 2.0 units 31
per gross acre and a maximum density of 3.0 units per gross acre, 32
except that the minimum density within a NBMO rural village shall 33
be 1.5 units per gross acre. Those densities shall be achieved as 34
follows: 35
36
(a) Base density. A base density of 0.2 dwelling units per acre 37
(1.0 dwelling units per five acres) for lands within the rural 38
village, and the land area designated as a greenbelt 39
surrounding the rural village, is granted by right for allocation 40
within the designated rural village. 41
42
(b) Minimum density. The minimum gross density in a rural 43
village is 2.0 units per acre outside of the NBMO and 1.5 44
units per acre within the NBMO. 45
46
i. For each TDR credit used to achieve the minimum 47
required density in a rural village, one Rural Village 48
Bonus Credit shall be granted. Rural Village Bonus 49
Credits may only be utilized in rural villages and shall 50
53
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not be available for use once the minimum required 1
density is achieved. 2
3
ii. The minimum density shall be achieved through any 4
combination of TDR Credits, Rural Village Bonus 5
Credits, and TDR Bonus Credits. 6
7
(c) Maximum density. The maximum gross density allowed in a 8
rural village is 3.0 units per acre. The maximum density shall 9
be achieved through any of the following, either in 10
combination or individually: 11
12
i. TDR credits; 13
14
ii. TDR Bonus Credits; 15
16
iii. An additional density bonus 0.3 units per acre for the 17
additional preservation of native vegetation as set 18
forth in Chapter 4; 19
20
iv. An additional density bonus of 0.3 units per acre for 21
additional wetlands mitigation as set forth in Chapter 22
4; and/or 23
24
v. An additional density bonus of 0.5 1 units per acre 25
for each Affordable or workforce housing unit for 26
each (1) unit that is provided for low-income Low-27
Income housing residents, as identified in LDC 28
section 1.08.02 2.06.03. 29
30
(4) Other Design Standards 31
32
(a) Transportation System Design. 33
34
i. The rural village shall be designed with a formal 35
street layout, using primarily a grid design and 36
incorporating village greens, squares and civic uses 37
as focal points. 38
39
ii. Each rural village shall be served by a primary road 40
system that is accessible by the public. 41
Neighborhood Circulator, Local Residential Access 42
and Residential Loop roads may be gated. The 43
primary roads within the rural village shall consist of 44
Rural Major Collectors at a minimum and be 45
designed to meet County standards and shall be 46
dedicated to the public. 47
48
iii. A rural village shall not be split by an arterial 49
roadway. 50
54
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1
iv. Interconnection between the rural village and 2
adjacent development s shall be required. 3
4
v. Neighborhoods, neighborhood centers, and the 5
village center shall be connected through local and 6
collector streets and shall incorporate traffic calming 7
techniques as may be appropriate to discourage 8
high-speed traffic. 9
10
vi. Public transit and school bus stops shall be co -11
located, where practicable. 12
13
vii. Pedestrian paths and bikeways shall be designed so 14
as to provide access and interconnectivity. 15
16
(b) Location Restrictions and Standards. 17
18
i. In locating both schools and housing units within the 19
rural village, consideration shall be given to 20
minimizing busing needs within the community. 21
22
ii. Reserved. A rural village shall not be located any 23
closer than 3.0 miles from another rural village. 24
25
iii. Reserved. No more than one rural village may be 26
located in each of the distinct RFMU district 27
Receiving Areas depicted on the FLUM and on the 28
Official Collier County Zoning Atlas maps. 29
30
iv. A rural village shall have direct access to a roadway 31
classified by Collier County as an arterial or collector 32
roadway. Alternatively, access to the rural village 33
may be via a new collector roadway directly 34
accessing an existing arterial, the cost of which shall 35
be borne entirely by the developer. 36
37
v. A rural village shall be located where other public 38
infrastructure, such as potable water and sewer 39
facilities, already exist or are planned. 40
41
(c) Size Limitations. Rrural villages shall be a minimum of 300 42
acres and a maximum of 1,500 acres, except within RFMU 43
receiving lands south of the Belle Meade NRPA where the 44
maximum size may not exceed 2,500 acres. This required 45
rural village size is exclusive of the required greenbelt area 46
set forth in section 2.03.08 (A)(2)(b)(6). 47
48
(d) Additional Village Design Criteria: Rural villages shall be 49
designed in accordance with the following provisions: 50
55
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1
i. Rural villages shall be developed in a progressive 2
urban to rural continuum with the greatest density, 3
intensity and diversity occurring within the village 4
center, to the least density, intensity and diversity 5
occurring within the edge of the neighborhoods 6
approaching the greenbelt. 7
8
ii. Rural villages may include "special districts" in 9
addition to the village center, neighborhood center 10
and Neighborhoods, to accommodate uses that may 11
require use specific design standards not otherwise 12
provided for herein. Such Special Districts, their 13
proposed uses, and applicable design standards 14
shall be identified as part of the rural village PUD 15
rezone process. 16
17
iii. The rural village PUD Master Plan shall designate 18
the location of the village center and each 19
neighborhood, neighborhood center and as may be 20
applicable, Special Districts. Rural villages shall 21
include a village center and a minimum of two 22
distinct neighborhoods, with defined neighborhood 23
centers. 24
25
iv. A mixture of allowable uses is encouraged to occur 26
within buildings in the village center and 27
neighborhood centers. 28
29
v. Reserved. Transient lodging is permitted at up to 26 30
guest units per acre calculated on the acreage of the 31
parcel occupied by the transient lodging and its 32
ancillary facilities, if such parcel includes multiple 33
uses. 34
35
vi. Building heights may vary within the village center 36
and neighborhood centers, but shall not exceed 5 37
stories not exceeding 65 feet with the village center, 38
or 4 stories no exceeding 55 feet within the 39
neighborhood center, and 3 stories not to exceed 40 40
feet within 200 feet of the greenbelt. The height 41
exclusions set forth in section 4.02.01 of this Code 42
apply within a rural village. The height exclusion set 43
forth in section 4.02.01 applies in the village center 44
only, except that: 45
46
a) section 4.02.01 requiring 300 square feet of 47
green spaces for each parking space for 48
which the height waiver is granted shall not 49
apply; however, 50
56
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1
b) For each parking space for which the height 2
waiver is granted, an equal amount of square 3
footage of open space shall be provided in 4
excess of the minimum set forth in section 5
2.03.08(A)(2)(b)(7). 6
7
vii. The minimum lot area shall be 1,000 SF; however, 8
within neighborhoods, especially approaching the 9
edge of the Village and the surrounding green belt, 10
less compact larger lot residential development may 11
occur. 12
13
viii. Within the village center and neighborhood centers, 14
individual block perimeters shall not exceed 2,500 15
linear feet. 16
17
ix. Within the village center and neighborhood centers 18
required yards shall be as follows: 19
20
a) Front setbacks - 0 to 10 feet from the right-21
of-way line 22
23
b) Side setbacks - 0 feet 24
25
c) Rear setbacks - 0 feet 26
27
x. Within neighborhoods outside of a Neighborhood or 28
village center required yards may vary but shall be 29
designed so as to provide for adequate light, opens 30
space ad movement of air, and shall consider the 31
design objective of the urban to rural continuum with 32
the greatest density, intensity and diversity occurring 33
within the village center, to the least density, 34
intensity and diversity occurring within the edge of 35
the neighborhoods approaching the greenbelt. 36
37
xi. Within the village center and neighborhood centers 38
overhead encroachments such as awnings, 39
balconies, arcades and the like, must maintain a 40
clear distance of 9 feet above the sidewalk and 15 41
feet above the street. 42
43
xii. Seating for outdoor dining shall be permitted to 44
encroach the public sidewalks and shall leave a 45
minimum 6-foot clear pedestrian way between the 46
outdoor dining and the streetscape planting area. 47
48
xiii. Civic or Institutional Buildings shall be subject to the 49
specific standards of this subsection that regulate 50
57
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building height, building placement, building use, 1
parking, and signage except as deviations are 2
deemed appropriate by the Collier County planning 3
staff with respect to the creation of focal points, 4
vistas, and significant community landmarks. 5
Specific design standards shall be provided in the 6
rural village PUD document. 7
8
xiv. Architectural Standards: Buildings within the village 9
center shall be made compatible through similar 10
massing, volume, frontage, scale and architectural 11
features. The PUD document shall adhere to the 12
provisions of section 5.05.08 of this Code; however, 13
deviations may be requested where such deviations 14
are shown to further these rural village design 15
standards. 16
17
xv. Required vehicular parking and loading amounts 18
and design criteria: 19
20
a) The amount of required parking shall be 21
demonstrated through a shared parking 22
analysis submitted application as part of the 23
rural village PUD. Parking shall be 24
determined utilizing the modal splits and 25
parking demands for various uses 26
recognized by the ITE, ULI or other sources 27
or studies. The analysis shall demonstrate 28
the number of parking spaces available to 29
more than one use or function, recognizing 30
the required parking will vary depending on 31
the multiple functions or uses in close 32
proximity which are unlikely to require the 33
spaces at the same time. 34
35
b) On-site parking areas shall be organized into 36
a series of small bays delineated by 37
landscape islands of varied sized. A 38
maximum spacing between landscape 39
islands shall be 10 spaces. Landscape 40
islands and tree diamonds shall have a 41
minimum of one canopy tree. 42
43
c) Parking lots shall be accessed from alleys, 44
service lanes or secondary streets. 45
46
d) Any or all of the above parking requirements 47
may be further reduced if a shared parking 48
plan is submitted as part of a rural village 49
PUD or subsequent site development plan 50
58
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application. The shared parking plan shall 1
demonstrate that the reduced parking is 2
warranted as a result of the following: shared 3
building and/or block use(s) where parking 4
demands for certain uses are low when other 5
demands are higher; a concentration of 6
residential dwelling units located within 600 7
feet of non-residential uses; the existence of 8
transit for use by residents and visitors. 9
10
xvi. Landscaping minimums within the village center or 11
within neighborhood centers shall be met by: 12
13
a) Providing landscaping within parking lots as 14
described, and by providing a streetscape 15
area between the sidewalk and curb at a 16
minimum of 5 Ft. in width; 17
18
b) Planting street trees every 40 Ft. O.C. The 19
street tree pattern may be interrupted by 20
architectural elements such as arcades and 21
columns. 22
23
c) Plantings areas, raised planters, or planter 24
boxes in the front of and adjacent to the 25
buildings, where such planting areas do not 26
interfere with pedestrian access and mobility. 27
28
d) Providing for additional pubic use landscape 29
areas at intervals within the streetscape, on 30
identified parcels with blocks, or as part of 31
public greens, squares, parks or civic uses. 32
33
xvii. Signs: The PUD document shall adhere to the 34
provisions of section 5.06.00 of this Code; however, 35
deviations may be requested where such deviations 36
are shown to further these rural village design 37
standards by providing for pedestrian scale signage 38
standards with neighborhood centers or the village 39
center. 40
41
(5) Native vegetation. Native vegetation shall be preserved as set forth 42
in section 4.06.04. 43
44
(6) Greenbelt. Except within the NBMO rural village, a greenbelt 45
averaging a minimum of 200 300 feet in width, but not less than 100 46
200 feet in width at any location, shall be required at the perimeter 47
of the rural village. The greenbelt is required to ensure a 48
permanently undeveloped edge surrounding the rural village, 49
59
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thereby discouraging sprawl. Greenbelts shall conform to the 1
following: 2
3
(a) Greenbelts may only be designated on RFMU receiving 4
lands. 5
6
(b) The allowable residential density shall be shifted from the 7
designated greenbelt to the rural village. 8
9
(c) The greenbelt may be concentrated to a greater degree in 10
areas where it is necessary to protect listed species habitat, 11
including wetlands and uplands, provide for a buffer from 12
adjacent natural reservations, or provide for wellfield or 13
aquifer protection. However, at no location shall the 14
greenbelt be less than 300 feet in width. 15
16
(d) Golf courses and existing agriculture operations are 17
permitted within the greenbelt, subject to the vegetation 18
retention standards set forth in section 4.06.04. However, 19
golf course turf areas shall only be located within 100 feet of 20
the greenbelt boundaries (interior and exterior boundary); 21
further, these turf areas shall only be located in previously 22
cleared or disturbed areas. 23
24
(7) Open space: Within the rural village, a minimum of 40% of open 25
space shall be provided, inclusive of the greenbelt. 26
27
(8) Process for Approval of a rural village. Applications for approval 28
shall be submitted in the form of a Planned Unit Development 29
(PUD) rezone utilizing the standard form(s) developed by Collier 30
County, and subject to the Fees established for a PUD rezone 31
application. Where applicable, the rural village PUD application will 32
be submitted in conjunction with a development of Regional Impact 33
(DRI) application as provided for in Chapter 380 of Florida Statutes, 34
or in conjunction with any other Florida provisions of law that may 35
supercede the DRI process. The applicant shall notify the owner(s) 36
of subsurface mineral rights to the property within the boundaries of 37
the proposed rural village prior to approval of the PUD. The 38
Application for rural village PUD approval shall demonstrate 39
general compliance with the provisions of section 2.03.06 and shall 40
include the following additional submittal requirements: 41
42
(a) EIS. An environmental impact statement for the rural village 43
and surrounding greenbelt area shall be submitted an 44
accordance with the requirements of Chapter 10 of this 45
Code. 46
47
(b) Demonstration of Fiscal Neutrality. An analysis that 48
demonstrates that the rural village will be fiscally neutral to 49
county taxpayers outside of the rural village. This analysis 50
60
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shall evaluate the demand and impacts on levels of service 1
for public facilities and the cost of such facilities and services 2
necessary to serve the rural village. In addition, this 3
evaluation shall identify projected revenue sources for 4
services and any capital improvements that may be 5
necessary to support the rural village. In conclusion, this 6
analysis shall indicate what provisions and/or commitments 7
will be to ensure that the provision of necessary facilities and 8
services will be fiscally neutral to County taxpayers outside 9
of the rural village. At a minimum, the analysis shall consider 10
the following: 11
12
i. Stormwater/drainage facilities; 13
14
ii. Potable water provisions and facilities; 15
16
iii. Reuse or "Grey" water provisions for irrigation; 17
18
iv. Central sewer provisions and facilities; 19
20
v. Law enforcement facilities; 21
22
vi. School facilities; 23
24
vii. Roads, transit, bicycle and pedestrian facilities and 25
pathways; 26
27
viii. a) Solid waste facilities. 28
29
ix. b) Development phasing and funding 30
mechanisms to address any impacts to level of 31
service in accordance with the county's adopted 32
concurrency management program to ensure that 33
there will be no degradation to the adopted level of 34
service for public facilities and infrastructure 35
identified in (i.1) through (viii.7) above. 36
37
3. Neutral lands. Neutral lands have been identified for limited semi-rural residential 38
development. Available data indicates that neutral lands have a higher ratio of 39
native vegetation, and thus higher habitat values, than lands designated as RFMU 40
receiving lands, but these values do not approach those of RFMU sending lands. 41
Therefore, these lands are appropriate for limited development, if such 42
development is directed away from existing native vegetation and habitat. Within 43
neutral lands, the following standards shall apply: 44
45
a. Allowable uses. The following uses are permitted as of right: 46
47
(1) Uses Permitted as of Right. 48
49
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(a) Agricultural activities, including, but not limited to: Crop 1
raising, horticulture, fruit and nut production, forestry, 2
groves, nurseries, ranching, beekeeping, poultry and egg 3
production, milk production, livestock raising, and 4
aquaculture for native species subject to the State of Florida 5
Fish and Wildlife Conservation Commission. Owning, 6
maintaining or operating any facility or part thereof for the 7
following purposes is prohibited: 8
9
i. Fighting or baiting any animal by the owner of such 10
facility or any other person or entity. 11
12
ii. Raising any animal or animals intended to be 13
ultimately used or used for fighting or baiting 14
purposes. 15
16
iii. For purposes of this subsection, the term baiting is 17
defined as set forth in § 828.122(2)(a), F.S., as it 18
may be amended from time to time. 19
20
(b) Single-family residential dwelling units, including mobile 21
homes where a mobile home Zoning Overlay exists. 22
23
(c) Dormitories, duplexes and other types of staff housing, as 24
may be incidental to, and in support of, conservation uses. 25
26
(d) Group housing uses subject to the following 27
density/intensity limitations: 28
29
(e) Family Care Facilities: 1 unit per 5 acres; 30
31
(f) Group Care Facilities and other Care Housing Facilities: 32
Maximum floor area ratio (FAR) not to exceed 0.45. 33
34
(g) Staff housing as may be incidental to, and in support of, 35
safety service facilities and essential services. 36
37
(h) Farm labor housing limited to 10 acres in any single location: 38
39
i. Single family/duplex/mobile home: 11 dwelling units 40
per acre; 41
42
ii. Multifamily/dormitory: 22 dwelling units/beds per 43
acre. 44
45
(i) Sporting and Recreational camps, not to exceed 1 46
cabin/lodging unit per 5 gross acres. 47
48
(j) Those essential services identified in LDC section 2.01.03 49
(A). 50
62
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1
(k) Golf courses or driving ranges, subject to the following 2
standards: 3
4
i. Golf courses shall be designed, constructed, and 5
managed in accordance with the best management 6
practices of Audubon International's Gold Signature 7
Program. The project shall demonstrate that the 8
Principles for Resource Management required by 9
the Gold Signature Program (Site Specific 10
Assessment, Habitat Sensitivity, Native and 11
Naturalized Plants and Natural Landscaping, Water 12
Conservation, Waste Management, Energy 13
Conservation & Renewable Energy Sources, 14
Transportation, Greenspace and Corridors, 15
Agriculture, and Building Design) have been 16
incorporated into the golf course's design and 17
operational procedures. 18
19
ii. In order to prevent the contamination of soil, surface 20
water and ground water by the materials stored and 21
handled by golf course maintenance operations, golf 22
courses shall comply with the Best Management 23
Practices for Golf Course Maintenance 24
Departments, prepared by the Florida Department of 25
Environmental Protection, September 2012 May 26
1995. 27
28
iii. To protect ground and surface water quality from 29
fertilizer and pesticide usage, golf courses shall 30
demonstrate the following management practices: 31
32
a) The use of slow release nitrogen sources; 33
34
b) The use of soil and plant tissue analysis to 35
adjust timing and amount of fertilization 36
applications; 37
38
c) The use of an integrated pest management 39
program using both biological and chemical 40
agents to control various pests; 41
42
d) The coordination of pesticide applications 43
with the timing and application of irrigation 44
water; 45
46
e) The use of the procedure contained in IFAS 47
Circular 1011, Managing Pesticides for Golf 48
Course Maintenance and Water Quality 49
Protection, May 1991 (revised 1995) to 50
63
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select pesticides that will have a minimum 1
adverse impact on water quality. 2
3
iv. To ensure water conservation, golf courses shall 4
incorporate the following in their design and 5
operation: 6
7
a) Irrigation systems shall be designed to use 8
weather station information and moisture-9
sensing systems to determine the optimum 10
amount of irrigation water needed 11
considering soil moisture and 12
evapotranspiration rates. 13
14
b) As available, golf courses shall utilize treated 15
effluent reuse water consistent with Sanitary 16
Sewer Sub-Element Objective 1.4 and its 17
policies. 18
19
c) Native plants shall be used exclusively 20
except for special purpose areas such as golf 21
greens, fairways, and building sites. Within 22
these excepted areas, landscaping plans 23
shall require that at least 75% of the trees 24
and 50% of the shrubs be freeze-tolerant 25
native Floridian species. At least 75% of the 26
required native trees and shrubs shall also 27
be drought tolerant species. 28
29
v. Stormwater management ponds shall be designed 30
to mimic the functions of natural systems: by 31
establishing shorelines that are sinuous in 32
configuration in order to provide increased length 33
and diversity of the littoral zone. A Littoral shelf shall 34
be established to provide a feeding area for water 35
dependent avian species. The combined length of 36
vertical and rip-rapped walls shall be limited to 25% 37
of the shoreline. Credits to the site preservation area 38
requirements, on an acre- to- acre basis, shall be 39
given for littoral shelves that exceed these littoral 40
shelf area requirements. 41
42
vi. Site preservation and native vegetation retention 43
requirements shall be the same as those set forth in 44
the RFMU district criteria. Site preservation areas 45
are intended to provide habitat functions and shall 46
meet minimum dimensions as set forth in the LDC. 47
These standards shall be established within one 48
year. 49
50
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(l) Public educational plants and ancillary plants. 1
2
(m) Oil and gas exploration, subject to applicable state and 3
federal drilling permits and Collier County non-4
environmental site development plan review procedures. 5
Directional-drilling and/or previously cleared or disturbed 6
areas shall be utilized in order to minimize impacts to native 7
habitats, where determined to be practicable. This 8
requirement shall be deemed satisfied upon issuance of a 9
state permit in compliance with the criteria established in 10
Chapter 62C-25 through 62C-30, F.A.C., as those rules 11
existed on Oct. 3, 2005 [effective date of this provision] 12
regardless of whether the activity occurs within the Big 13
Cypress Watershed, as defined in Rule 62C-30.001(2), 14
F.A.C. All applicable Collier County environmental 15
permitting requirements shall be considered satisfied by 16
evidence of the issuance of all applicable federal and/or 17
state oil and gas permits for proposed oil and gas activities 18
in Collier County, so long as the state permits comply with 19
the requirements of Chapter 62C-25 through 62C-30, F.A.C. 20
For those areas of Collier County outside the boundary of 21
the Big Cypress Watershed, the applicant shall be 22
responsible for convening the Big Cypress Swamp Advisory 23
Committee as set forth in Section 377.42, F.S., to assure 24
compliance with Chapter 62C-25 through 62C-30, F.A.C., 25
even if outside the defined Big Cypress Watershed. All oil 26
and gas access roads shall be constructed and protected 27
from unauthorized uses according to the standards 28
established in Rule 62C-30.005(2)(a)(1) through (12), 29
F.A.C. 30
31
n. Park, open space, and recreational uses. 32
33
o. Private schools. 34
35
(2) Accessory uses. The following uses are permitted as accessory to 36
uses permitted as of right or to approved conditional uses: 37
38
(a) Accessory uses and structures that are accessory and 39
incidental to uses permitted as of right in section 40
2.03.08(A)(3)(a)(1) above. 41
42
(b) Recreational facilities that serve as an integral part of a 43
residential development and have been designated, 44
reviewed, and approved on a site development plan or 45
preliminary subdivision plat for that development. 46
Recreational facilities may include, but are not limited to 47
clubhouse, community center building, tennis facilities, 48
playgrounds and playfields. 49
50
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(3) Conditional uses. The following uses are permissible as conditional 1
uses subject to the standards and procedures established in LDC 2
section 10.08.00. 3
4
(a) Zoo, aquarium, botanical garden, or other similar uses. 5
6
(b) Community facilities, such as, places of worship, childcare 7
facilities, cemeteries, social and fraternal organizations. 8
9
(c) Sports instructional schools and camps. 10
11
(d) Multi-family residential structures, subject to the following 12
development standards: 13
14
(i) Building height limitation: 2 stories 15
16
(ii) Buffer: 10 foot wide landscape buffer with trees 17
spaced no more than 30 feet on center; 18
19
(iii) Setbacks: 50% of the height of the building, but not 20
less than 15 feet. 21
22
(e) Those essential services identified in LDC sections 2.01.03 23
G.1. and G.3 (G)(1) and (G)(3). 24
25
(f) Oil and gas field development and production, subject to 26
applicable state and federal field development permits and 27
Collier County non-environmental site development plan 28
review procedures. Directional-drilling and/or previously 29
cleared or disturbed areas shall be utilized in order to 30
minimize impacts to native habitats, where determined to be 31
practicable. This requirement shall be deemed satisfied 32
upon issuance of a state permit in compliance with the 33
criteria established in Chapter 62C-25 through 62C-30, 34
F.A.C., as those rules existed on January 14, 2005, 35
regardless of whether the activity occurs within the Big 36
Cypress Watershed, as defined in Rule 62C-30.001(2), 37
F.A.C. All applicable Collier County environmental 38
permitting requirements shall be considered satisfied by 39
evidence of the issuance of all applicable federal and/or 40
state oil and gas permits for proposed oil and gas activities 41
in Collier County, so long as the state permits comply with 42
the requirements of Chapter 62C-25 through 62C-30, F.A.C. 43
For those areas of Collier County outside the boundary of 44
the Big Cypress Watershed, the applicant shall be 45
responsible for convening the Big Cypress Swamp Advisory 46
Committee as set forth in Section 377.42, F.S., to assure 47
compliance with Chapter 62C-25 through 62C-30, F.A.C., 48
even if outside the defined Big Cypress Watershed. All oil 49
and gas access roads shall be constructed and protected 50
66
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from unauthorized uses according to the standards 1
established in Rule 62C-30.005(2)(a)(1) through (12), 2
F.A.C. 3
4
(g) Earth mining and extraction and related processing. 5
6
(h) Facilities for the collection, transfer, processing, and 7
reduction of solid waste. 8
9
(i) Those essential services identified in sections 2.01.03 G.1. 10
and G.3(G)(1) and (G)(3). 11
12
(j) Oil and gas field development and production, subject to 13
state field development permits and Collier County non -14
environmental site development plan review procedures. 15
Directional-drilling and/or previously cleared or disturbed 16
areas shall be utilized in order to minimize impacts to native 17
habitats, where determined to be practicable. This 18
requirement shall be deemed satisfied upon issuance of a 19
state permit in compliance with the criteria established in 20
Chapter 62C-25 through 62C-30, F.A.C., regardless of 21
whether the activity occurs within the Big Cypress 22
Watershed, as defined in Rule 62C-30.001(2), F.A.C. All 23
applicable Collier County environmental permitting 24
requirements shall be considered satisfied by evidence of 25
the issuance of all applicable federal and/or state oil and gas 26
permits for proposed oil and gas activities in Collier County, 27
so long as the state permits comply with the requirements 28
of Chapter 62C-25 through 62C-30, F.A.C. For those areas 29
of Collier County outside the boundary of the Big Cypress 30
Watershed, the applicant shall be responsible for convening 31
the Big Cypress Swamp Advisory Committee as set forth in 32
Section 377.42, F.S., to assure compliance with Chapter 33
62C-25 through 62C-30, F.A.C., even if outside the defined 34
Big Cypress Watershed. All oil and gas access roads shall 35
be constructed and protected from unauthorized uses 36
according to the standards established in Rule 62-37
30.005(2)(a)(1) through (12), F.A.C. 38
39
(k) Earth mining and extraction and related processing. 40
41
b. Density. 42
43
(1) Maximum gross density. The maximum gross density in neutral 44
lands shall not exceed one dwelling unit per five gross acres (0.2 45
dwelling units per acre), except that the maximum gross density for 46
those legal nonconforming lots or parcels in existence as of June 47
22, 1999, shall be one dwelling unit per lot or parcel. 48
49
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(2) Residential clustering. Clustering of residential development is 1
allowed and encouraged. Where clustered development is 2
employed, it shall be in accordance with the following provisions: 3
4
(a) If within the boundaries of the Rural Transition Water and 5
Sewer District, as delineated on the Urban-Rural Fringe 6
Transition Zone Overlay Map in the Future Land Use 7
Element of the GMP, and consistent with the provisions of 8
the Potable Water and Sanitary Sewer Sub-elements of this 9
Plan, central water and sewer shall be extended to the 10
project. Where County sewer or water services may not be 11
available concurrent with development in neutral lands, 12
interim private water and sewer facilities may be approved. 13
14
(b) The clustered development shall be located on the site so 15
as to provide to the greatest degree practicable: 16
17
i. protection for listed species habitat; 18
19
ii. preservation of the highest quality native vegetation 20
21
iii. connectivity to adjacent natural reservations or 22
preservation areas on adjacent development; .....b§ 23
and 24
25
iv. creation, maintenance or enhancement of wildlife 26
corridors. 27
28
(c) The minimum project size shall be at least 40 acres. 29
30
c. Dimensional and design standards. Dimensional and Design Standards set 31
forth in section 4.02.01 of this Code shall apply to all development in neutral 32
lands, except for development utilizing the residential clustering provisions 33
in section 2.03.08 (A)(3)(b)(2) above. In the case of such clustered 34
development, the following dimensional standards shall apply to all 35
permitted housing structure types, accessory, and conditional uses: 36
37
(1) Development that is Not Clustered: 38
39
(a) Minimum lot area: 5 Acres. 40
41
(b) Minimum lot width: 165 Feet. 42
43
(c) Minimum yard Requirements: 44
45
i. Front yard: 50 feet. 46
47
ii. Side yard: 30 feet. 48
49
iii. Rear yard: 50 feet. 50
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1
iv. Nonconforming lots in existence as of June 22, 2
1999: 3
4
a) Front yard: 40 feet. 5
6
b) Side yard: 10 percent of lot width, not to 7
exceed 20 feet on each side. 8
9
c) Rear yard: 50 feet. 10
11
(2) Development that is Clustered. 12
13
(a) Minimum lot area: 4,500 square feet. 14
15
(b) Maximum lot area: One Acre. 16
17
(c) Minimum lot width: Interior lots 40 feet. 18
19
(d) Maximum lot width: 150 feet. 20
21
(3) Height Limitations. 22
23
(a) Principal: 35 feet. 24
25
(b) Accessory: 20 feet, except for screen enclosures, which 26
may be the same height as the principal structure. 27
28
(c) Golf course/community clubhouses: 50 feet. 29
30
(4) Floor area. The minimum floor area for each dwelling unit shall be 31
800 square feet. 32
33
(5) Parking. As required in Chapter 4. 34
35
(6) Landscaping. As required in Chapter 4. 36
37
(7) Signs: As required in section 5.06.00. 38
39
d. Native vegetation retention. Native vegetation shall be preserved as set 40
forth in Chapter 4. 41
42
e. Usable open space. 43
44
(1) Projects of 40 acres or more in size shall provide a minimum of 70% 45
usable open space. 46
47
(2) Usable open space includes active or passive recreation areas 48
such as parks, playgrounds, golf courses, waterways, lakes, nature 49
trails, and other similar open spaces. Usable open space shall also 50
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include areas set aside for conservation or preservation of native 1
vegetation and landscape areas. 2
3
(3) Open water beyond the perimeter of the site, street right-of-way, 4
except where dedicated or donated for public uses, driveways, off -5
street parking and loading areas, shall not be counted towards 6
required usable open space. 7
8
4. RFMU sending lands. RFMU sending lands are those lands that have the highest 9
degree of environmental value and sensitivity and generally include significant 10
wetlands, uplands, and habitat for listed species. RFMU sending lands are the 11
principal target for preservation and conservation. Density may be transferred from 12
RFMU sending lands as provided in LDC section 2.03.07 D.4.c. All NRPAs within 13
the RFMU district are also RFMU sending lands. With the exception of specific 14
provisions applicable only to NBMO neutral lands, the following standards shall 15
apply within all RFMU sending lands: 16
17
a. Allowable uses where TDR credits have not been severed. 18
19
(1) Uses Permitted as of Right: 20
21
(a) Agricultural uses consistent with Sections 163.3162 and 22
823.14(6) Florida Statutes (Florida Right to Farm Act). 23
24
(b) Detached single-family dwelling units, including mobile 25
homes where the mobile home Zoning Overlay exists, 26
27
(c) Habitat preservation and conservation uses. 28
29
(d) Passive parks and other passive recreational uses. 30
31
(e) Sporting and Recreational camps, within which the lodging 32
component shall not exceed 1 unit per 5 gross acres. 33
34
(f) Those essential services identified in section 2.01.03(B). 35
36
(g) Oil and gas exploration, subject to applicable state and 37
federal drilling permits and Collier County non-38
environmental site development plan review procedures. 39
Directional-drilling and/or previously cleared or disturbed 40
areas shall be utilized in order to minimize impacts to native 41
habitats, where determined to be practicable. This 42
requirement shall be deemed satisfied upon issuance of a 43
state permit in compliance with the criteria established in 44
Chapter 62C-25 through 62C-30, F.A.C., as such rules 45
existed on Oct. 3, 2005 [the effective date of this provision], 46
regardless of whether the activity occurs within the Big 47
Cypress Watershed, as defined in Rule 62C-30.001(2), 48
F.A.C. All applicable Collier County environmental 49
permitting requirements shall be considered satisfied by 50
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evidence of the issuance of all applicable federal and/or 1
state oil and gas permits for proposed oil and gas activities 2
in Collier County, so long as the state permits comply with 3
the requirements of Chapter 62C-25 through 62C-30, F.A.C. 4
For those areas of Collier County outside the boundary of 5
the Big Cypress Watershed, the applicant shall be 6
responsible for convening the Big Cypress Swamp Advisory 7
Committee as set forth in Section 377.42, F.S., to assure 8
compliance with Chapter 62C-25 through 62C-30, F.A.C., 9
even if outside the defined Big Cypress Watershed. All oil 10
and gas access roads shall be constructed and protected 11
from unauthorized uses according to the standards 12
established in Rule 62C-30.005(2)(a)(1) through (12), 13
F.A.C. 14
15
(2) Accessory uses. Accessory uses and structures that are accessory 16
and incidental to uses permitted as of right in LDC section 2.03.08 17
A.4.a.(1) above. 18
19
(3) Conditional uses. 20
21
(a) Those essential services identified in LDC sections 2.01.03 22
G.2 and G.4. 23
24
(b) Public facilities, including solid waste and resource recovery 25
facilities, and public vehicle and equipment storage and 26
repair facilities, shall be permitted within Section 25, 27
Township 49S, Range 26E, on lands adjacent to the existing 28
County landfill. This shall not be interpreted to allow for the 29
expansion of the landfill into Section 25 for the purpose of 30
solid waste disposal. 31
32
(c) Oil and gas field development and production, subject to 33
applicable state and federal field development permits and 34
Collier County non-environmental site development plan 35
review procedures. Directional-drilling and/or previously 36
cleared or disturbed areas shall be utilized in order to 37
minimize impacts to native habitats, where determined to be 38
practicable. This requirement shall be deemed satisfied 39
upon issuance of a state permit in compliance with the 40
criteria established in Chapter 62C-25 through 62C-30, 41
F.A.C., as those rules existed on Oct. 3, 2005 [the effective 42
date of this provision], regardless of whether the activity 43
occurs within the Big Cypress Watershed, as defined in Rule 44
62C-30.001(2), F.A.C. All applicable Collier County 45
environmental permitting requirements shall be considered 46
satisfied by evidence of the issuance of all applicable federal 47
and/or state oil and gas permits for proposed oil and gas 48
activities in Collier County, so long as the state permits 49
comply with the requirements of Chapter 62C-25 through 50
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62C-30, F.A.C. For those areas of Collier County outside 1
the boundary of the Big Cypress Watershed, the applicant 2
shall be responsible for convening the Big Cypress Swamp 3
Advisory Committee as set forth in Section 377.42, F.S., to 4
assure compliance with Chapter 62C-25 through 62C-30, 5
F.A.C., even if outside the defined Big Cypress Watershed. 6
All oil and gas access roads shall be constructed and 7
protected from unauthorized uses according to the 8
standards established in Rule 62C-30.005(2)(a)(1) through 9
(12), F.A.C. 10
11
(d) Commercial uses accessory to permitted uses 1.a, 1.c. and 12
1.d above, such as retail sales of produce accessory to 13
farming, or a restaurant accessory to a park or preserve, so 14
long as restrictions or limitations are imposed to insure the 15
commercial use functions as an accessory, subordinate 16
use. 17
18
(e) Active recreational uses, such as airboats, swamp buggies, 19
horses, and similar modes of transportation used for 20
transporting participants, viewers or patrons in connection 21
with ecotourism operations or environmental education 22
activities only on lands owned by governmental entities 23
other than the State of Florida and designated North Belle 24
Meade Overlay. Said uses are subject to compliance with 25
criteria (i-ix) outlined in LDC Section 2.03.01 A.1.c.(22). 26
27
b. Allowable uses where TDR credits have been severed. 28
29
(1) Uses Permitted as of Right: 30
31
(a) Agricultural uses consistent with Sections 163.3162 and 32
823.14(6) Florida Statutes (Florida Right to Farm Act), 33
including water management facilities, to the extent and 34
intensity that such operations exist at the date of any 35
transfer of development rights. 36
37
(b) Cattle grazing on unimproved pasture where no clearing is 38
required; 39
40
(c) Detached single-family dwelling units, including mobile 41
homes where the mobile home Zoning Overlay exists, at a 42
maximum density of one dwelling unit per 40 acres. In order 43
to retain these development rights after any transfer, up to 44
one dwelling must be retained (not transferred) per 40 45
acres. 46
47
(d) One detached dwelling unit, including mobile homes where 48
the mobile home zoning overlay exists, per lot or parcel in 49
existence as of June 22, 1999, that is less than 40 acres. In 50
72
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order to retain these development rights after any transfer, 1
up to one dwelling must be retained (not transferred) per 2
each lot or parcel. For the purposes of this provision, a lot 3
or parcel shall be deemed to have been in existence as of 4
June 22, 1999, upon a showing of any of the following: 5
6
i. the lot or parcel is part of a subdivision that was 7
recorded in the public records of the County on or 8
before June 22, 1999; 9
10
ii. a description of the lot or parcel, by metes and 11
bounds or other specific legal description, was 12
recorded in the public records of the County on or 13
before June 22, 1999; or 14
15
iii. an agreement for deed for the lot or parcel, which 16
includes description of the lot or parcel by limited 17
fixed boundary, was executed on or before June 22, 18
1999. 19
20
(e) Habitat preservation and conservation uses. 21
22
(f) Passive parks and passive recreational uses. 23
24
(g) Those essential services identified in section 2.01.03 B. 25
26
(h) Oil and gas exploration, subject to applicable state and 27
federal drilling permits and Collier County non-28
environmental site development plan review procedures. 29
Directional-drilling and/or previously cleared or disturbed 30
areas shall be utilized in order to minimize impacts to native 31
habitats, where determined to be practicable. This 32
requirement shall be deemed satisfied upon issuance of a 33
state permit in compliance with the criteria established in 34
Chapter 62C-25 through 62C-30, F.A.C., as those rules 35
existed on Oct. 3, 2005 [the effective date of this provision], 36
regardless of whether the activity occurs within the Big 37
Cypress Watershed, as defined in Rule 62C-30.001(2), 38
F.A.C. All applicable Collier County environmental 39
permitting requirements shall be considered satisfied by 40
evidence of the issuance of all applicable federal and/or 41
state oil and gas permits for proposed oil and gas activities 42
in Collier County, so long as the state permits comply with 43
the requirements of Chapter 62C-25 through 62C-30, F.A.C. 44
For those areas of Collier County outside the boundary of 45
the Big Cypress Watershed, the applicant shall be 46
responsible for convening the Big Cypress Swamp Advisory 47
Committee as set forth in Section 377.42, F.S., to assure 48
compliance with Chapter 62C-25 through 62C-30, F.A.C., 49
even if outside the defined Big Cypress Watershed. All oil 50
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and gas access roads shall be constructed and protected 1
from unauthorized uses according to the standards 2
established in Rule 62C-30.005(2)(a)(1) through (12), 3
F.A.C. 4
5
(i) Mitigation in conjunction with any County, state, or federal 6
permitting. 7
8
(2) Conditional uses: 9
10
(a) Those essential services identified in LDC section 2.01.03 11
G.2 and 4. 12
13
(b) Oil and gas field development and production, subject to 14
applicable state and federal field development permits and 15
Collier County non-environmental site development plan 16
review procedures. Directional-drilling and/or previously 17
cleared or disturbed areas shall be utilized in order to 18
minimize impacts to native habitats, where determined to be 19
practicable. This requirement shall be deemed satisfied 20
upon issuance of a state permit in compliance with the 21
criteria established in Chapter 62C-25 through 62C-30, 22
F.A.C., as those rules existed on Oct. 3, 2005 [the effective 23
date of this provision], regardless of whether the activity 24
occurs within the Big Cypress Watershed, as defined in Rule 25
62C-30.001(2), F.A.C. All applicable Collier County 26
environmental permitting requirements shall be considered 27
satisfied by evidence of the issuance of all applicable federal 28
and/or state oil and gas permits for proposed oil and gas 29
activities in Collier County, so long as the state permits 30
comply with the requirements of Chapter 62C-25 through 31
62C-30, F.A.C. For those areas of Collier County outside 32
the boundary of the Big Cypress Watershed, the applicant 33
shall be responsible for convening the Big Cypress Swamp 34
Advisory Committee as set forth in Section 377.42, F.S., to 35
assure compliance with Chapter 62C-25 through 62C-30, 36
F.A.C., even if outside the defined Big Cypress Watershed. 37
All oil and gas access roads shall be constructed and 38
protected from unauthorized uses according to the 39
standards established in Rule 62C-30.005(2)(a)(1) through 40
(12), F.A.C. 41
42
(c) Conditional use approval criteria: In addition to the criteria 43
set forth in section 10.08.00 of this Code, the following 44
additional criteria shall apply to the approval of conditional 45
uses within RFMU sending lands: 46
47
i. The applicant shall submit a plan for development 48
that demonstrates that wetlands, listed species and 49
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their habitat are adequately protected as specified in 1
Chapters 3, 4 and 10. 2
3
ii. Conditions may be imposed, as deemed 4
appropriate, to limit the size, location, and access to 5
the conditional use. 6
7
c. Density. 8
9
(1) 1.0 dwelling units per 40 gross acres; or 10
11
(2) 1.0 dwelling unit per nonconforming lot or parcel in existence as of 12
June 22, 1999. For the purpose of this provision, a lot or parcel 13
which is deemed to have been in existence on or before June 22, 14
1999 is: 15
16
(a) A lot or parcel which is part of a subdivision recorded in the 17
public records of Collier County, Florida; 18
19
(b) A lot or parcel which has limited fixed boundaries, described 20
by metes and bounds or other specific legal description, the 21
description of which has been recorded in the public records 22
of Collier County Florida on or before June 22, 1999; or 23
24
(c) A lot or parcel which has limited fixed boundaries and for 25
which an agreement for deed was executed prior to June 26
22, 1999. 27
28
d. Native vegetation retention. As required in Chapter 4. 29
30
e. Other dimensional design standards. Dimensional standards set forth in 31
section 4.02.01 of this Code shall apply to all development in Sending 32
designated lands of the RFMU district, except as follows: 33
34
(1) Lot Area and Width. 35
36
(a) Minimum lot Area: 40 acres. 37
38
(b) Minimum lot Width: 300 Feet. 39
40
(2) Parking. As required in Chapter 4. 41
42
(3) Landscaping. As required in Chapter 4. 43
44
(4) Signs. As required in section 5.06.00. 45
46
5. Specific vegetation standards for the RFMU district. For these specific standards, 47
please refer to LDC sections 3.05.07 C. through 3.05.07 E. of this Code. 48
49
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f. Clustering. Parcels must be a minimum of 80 acres, or an aggregation of 1
parcels where each is a minimum of 40 acres, clustering is allowed, 2
provided that the following standard is met: 3
4
(1) Each clustered dwelling unit shall be located no greater than 300 5
feet from the common property line of another parcel containing a 6
clustered dwelling unit. In the event of an intervening road right-of-7
way, the 300 feet measurement shall be from the midpoint of said 8
right-of-way. 9
10
(2) The clustered development shall be located on the site so as to 11
provide to the greatest extent practicable, protection for listed 12
species habitat, preservation of the highest quality native 13
vegetation, connectivity to adjacent natural reservations or 14
preservation areas on adjacent developments, and creation, 15
maintenance, or enhancement of wildlife corridors. 16
17
# # # # # # # # # # # # # 18
19
2.06.00 - AFFORDABLE HOUSING DENSITY BONUS 20
21
2.06.01 – Generally 22
23
Within most of the coastal urban designated areas identified on the future land use map 24
of the Collier County GMP, a base density of four residential dwelling units per gross acre 25
is permitted. However, the base density may be adjusted depending on the characteristics 26
of the development. One characteristic of a housing development which would allow the 27
addition of density bonuses in order to increase the density over the base density is the 28
provision of affordable housing in the development. The provision of affordable housing 29
units may add up to 12 dwelling units per gross acre to the base density of four residential 30
dwelling units per gross acre, plus any other density bonuses available and minus any 31
density reduction that is required, pursuant to the GMP. For a project providing housing 32
that is affordable in the Receiving Lands within the Rural Fringe Mixed Use District 33
(RFMUD), the maximum density of 12.2 units per acre is allowed, subject to rezoning 34
approval and to the approval of an “Affordable Housing Agreement,” pursuant to LDC 35
section 2.06.03. The total eligible density must not exceed the maximum density allowed 36
pursuant to the GMP. The program to accomplish this increase to provide affordable 37
housing is called the affordable housing density bonus (AHDB) program. 38
39
B. Within most of the Immokalee Urban area, as identified on the Immokalee area master 40
plan future land use map of the growth management plan, base densities are four or six 41
or eight residential dwelling units per gross acre. However, the base density may be 42
adjusted depending on the characteristics of the development. One characteristic of a 43
housing development that would allow the addition of density bonuses is the provision of 44
affordable housing in the development. The provision of affordable housing units may add 45
up to 12 dwelling units per gross acre to the base density plus any other density bonuses 46
available. The total eligible density must not exceed the maximum allowed pursuant to the 47
GMP. 48
49
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C. Within the Rural Lands Stewardship Area Overlay of the Agricultural/Rural area, as 1
identified on the future land use map of the growth management plan, towns, villages, 2
hamlets and compact rural developments are allowed at a density range of one -half to 3
four dwelling units per gross acre. The allowed density may be adjusted depending on the 4
characteristics of the development. One characteristic of a housing development that 5
would allow the addition of density bonuses is the provision of affordable housing in the 6
development. The provision of affordable housing units may add up to eight dwelling units 7
per gross acre to the allowed density of one-half to four dwelling units per gross acre, for 8
a total of eight and one-half to twelve and one-half residential dwelling units per gross 9
acre, plus any other density bonuses available. 10
11
D. In order to qualify for the AHDB for a development, the developer must apply for and obtain 12
the AHDB from the County for a development in accordance with this section, especially 13
in accordance with the provisions of the AHDB program, including the AHDB rating 14
system, the AHDB monitoring program, and the limitations on the AHDB. 15
16
1. Preapplication conference. Prior to submitting an application for AHDB, a 17
preapplication conference may be scheduled with the County Manager or 18
designee. The preapplication conference provides an opportunity to familiarize the 19
applicant with the AHDB program and provides an opportunity for the county staff 20
to obtain a clear understanding of the proposed development. The AHDB rating 21
system, the AHDB monitoring program, the limitations, criteria, procedures, 22
standard conditions, standard forms, and other information will be discussed and 23
made available to the applicant. Depending on the type of development proposed, 24
the application may be combined with an application for a planned unit 25
development (PUD), a rezone, or a Stewardship Receiving Area. 26
27
2. Application. An application for AHDB for a development must be submitted to the 28
County Manager or designee in the form established by the County Manager or 29
designee. The application must, at a minimum, include: 30
31
a. Zoning districts proposed by the applicant on the property and acreage of 32
each; 33
34
b. The total number of residential dwelling units in the proposed development, 35
categorized by number of bedrooms and whether the unit is to be rented or 36
owner-occupied; 37
38
c. The total number of AHDB units requested, categorized by number of 39
bedrooms and whether the unit is to be rented or owner-occupied; 40
41
d. Total number of affordable housing units proposed in the development, 42
categorized by level of income, number of bedrooms (one bedroom, two 43
bedrooms, three bedrooms, or more), and rental units and owner-occupied 44
units: 45
46
i. Gap-income households. 47
48
ii. Moderate-income households. 49
50
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iii. Low-income households. 1
2
iv. Very-low-income housing units. 3
4
e. Gross density of the proposed development; 5
6
f. Whether the AHDB is requested in conjunction with an application for a 7
PUD, rezoning, SRA, or a conditional use for a Commercial Mixed -Use 8
project as provided for within LDC section 4.02.38; and 9
10
g. Any other information which would reasonably be needed to address the 11
request for AHDB for the development pursuant to the requirements set 12
forth in this section. 13
14
3. Determination of completeness. After receipt of an application for AHDB, the 15
County Manager or designee shall determine whether the application submitted is 16
complete. If it is determined that the application is not complete, the County 17
Manager or designee shall notify the applicant in writing of the deficiencies. The 18
County Manager or designee shall take no further steps to process the application 19
until the deficiencies have been remedied. 20
21
4. Review and recommendation by the County Manager or designee. After receipt of 22
a completed application for AHDB, the County Manager or designee must review 23
and evaluate the application in light of the AHDB rating system, the AHDB 24
monitoring program and the requirements of this section. The County Manager or 25
designee must coordinate with the Zoning Division director or designee to 26
schedule the AHDB application with the companion application for a PUD, 27
rezoning, SRA, or conditional use, and must recommend to the planning 28
commission and the BCC to deny, grant, or grant with conditions, the AHDB 29
application. The recommendation of the County Manager or designee must include 30
a report in support of recommendation. 31
32
5. Review and recommendation by the planning commission . Upon receipt by the 33
planning commission of the application for AHDB and the written recommendation 34
and report of the County Manager or designee, the planning commission must 35
schedule and hold a properly advertised and duly noticed public hearing on the 36
application. If the application has been submitted in conjunction with an application 37
for a PUD, rezoning, SRA, or conditional use, then the hearing must be 38
consolidated and made a part of the public hearing on the respective application 39
before the planning commission. The planning commission must consider the 40
application for AHDB in conjunction with the application for the PUD, rezoning, 41
SRA, or conditional use. After the close of the public hearing, the planning 42
commission must review and evaluate the application in light of the requirements 43
of this section and the requirements for a PUD, rezoning, SRA, or conditional use, 44
as applicable, and must recommend to the BCC that the application be denied, 45
granted or granted with conditions. 46
47
6. Review and determination by Board of County Commissioners. Upon receipt by 48
the BCC of the application for AHDB and the written recommendation and report 49
of the County Manager or designee and recommendation of the planning 50
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LDCA (12-08-2025).docx
commission, the BCC must schedule and hold a properly advertised and duly 1
noticed public hearing on the application. If the application has been submitted in 2
conjunction with an application for a PUD, rezoning, SRA, or conditional use, then 3
the hearing must be consolidated and made a part of the public hearing on the 4
respective application before the BCC, and the BCC must consider the application 5
for AHDB in conjunction with the application for the PUD, rezoning, SRA, or 6
conditional use. After the close of the public hearing, the BCC must review and 7
evaluate the application in light of the requirements of this section and the 8
requirements for a PUD, rezoning, SRA, or conditional use, and must deny, grant, 9
or grant with conditions, the application in accordance with the AHDB rating system 10
and the AHDB monitoring program. 11
12
E. The procedures to request approval of a density bonus are described in Chapter 10 of this 13
LDC, along with requirements for the developer's agreement to ensure compliance. 14
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