Ordinance 99-06 ORDINANCE NO. 99- 6
:*~ Clerk
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS ' of Bosrd
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
· ,
CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING '
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION
ONE, RECITALS: SECTION TWO, FINDINGS OF FACT:
SECTION THREE, ADOPTION OF AMENDMENTS TO THE
LAND DEVELOPMENT CODE, MORE SPECIFICALLY
AMENDING THE FOLLOWING: ARTICLE 2, ZONING,
DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES,
CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION
2.3. OFF-STREET PARKING AND LOADING; DIVISION 2.6.
SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7.
ZONING ADMINISTRATION AND PROCEDURES; DIVISION
2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND ~_~
GUIDELINES FOR COMMERCIAL BUILDINGS AND
PROJECTS; ARTICLE 3, DIVISION 3.2, SUBDIVISIONS;
DIVISION 3.3. SITE DEVELOPMENT PLANS; DIVISION 3.15.
ADEQUATE PUBLIC FACILITIES; ARTICLE 5, DECISION
MAKING AND ADMINISTRATIVE BODIES, DIVISION 5.2,
PLANNING COMMISSION, DIVISION 5.13. ENVIRONMENTAL
ADVISORY BOARD; ARTICLE 6, DIVISION 6.3. DEFINITIONS,
INCLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF
ZERO LOT LINE HOUSING, FRONT YARD, AND DUPLEX;
SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION
FIVE, INCLUSION IN THE LAND DEVELOPMENT CODE; AND
SECTION SIX, EFFECTIVE DATE.
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted
Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which has been
subsequently amended; and
WHEREAS, the LDC may not be amended more than two times in each calendar year pursuant to
Section 1.19.1., LDC; and
WHEREAS, this is the first amendment to the LDC, Ordinance 91-102, in this calendar year; and
WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177
establishing local requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold
advertised public hearings on December 2, 1998 and January 27, 1999, and did take action conceming
these amendments to the LDC; and
WHEREAS, all applicable substantive and procedural requirements of the law have been met.
NOW, THEREFORE BE IT ORDAINTED by the Board of County Commissioners of Collier
County, Florida, that:
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SECTION ONE: RECITALS
The foregoing recitals are true and correct and incorporated by reference herein as if fully set
forth.
SECTION TWO: FINDINGS OF FACT
The Board of County Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local Government
Comprehensive Planning and Land Development Regulations Act (hereinafler the "Act"), is required to
prepare and adopt a Comprehensive Plan.
2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla.
Stat., mandates that Collier County adopt land development regulations that are consistent with and
implement the adopted comprehensive plan.
3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and
enforcement by Collier County of land development regulations for the total unincorporated area shall be
based on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as
required by the Act.
4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or
amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion
thereof, and any land development regulations existing at the time of adoption which are not consistent
with the adopted Comprehensive Plan, or element or portion thereof, shall be amended so as to be
consistent.
5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of
innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan
(hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the
requirements of Sec. 1634.3161 et seq. Fla. Stat., and Rule 9J-5, F.A.C.
7. Sec. 163.3194(1)(a), Fla. Stat., mandates that after a Comprehensive Plan, or element or
portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all
actions taken in regard to development orders by, governmental agencies in regard to land covered by such
Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or
element or portion thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development
regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the
Comprehensive Plan and if it meets all other criteria enumerated by the local government.
9. Section 163.3194(3)(b). Fla. Stat., requires that a development approved or undertaken by
a local government shall be consistent with the Comprehensive Plan if the land uses, densities or
intensities, capacity or size, timing, and other aspects of development are compatible with, and further the
objectives, policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other
criteria enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land Development Code,
which became effective on November 13, 1991 and may be amended twice annually.
11. Collier County finds that the Land Development Code is intended and necessary to
preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate
use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal
effectively with future problems that may result from the use and development of land within the total
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unincorporated are of Collier County and it is intended that this Land Development Code preserve,
promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience,
and general welfare of Collier County; prevent the overcrowding of land and avoid the undue
concentration of population; facilitate the adequate and efficient provision of transportation, water,
sewerage schools, parks, recreational facilities, housing, and other requirements and services, conserve,
develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect
human, environmental, social, and economic resources; and maintain through orderly growth and
development, the character and stability of present and future land uses and development in Collier
County.
12. It is the intent of the Board of County Commissioners of Collier County to implement the
Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan,
Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE
SUBSECTION 3.A AMENDMENTS TO ZONING DISTRICTS, PERMITTED USES,
CONDITIONAL USES, DIMENSIONAL STANDARDS DIVISION
Division 2.2, Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards,
of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
DIVISION 2.2 ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES,
DIMENSIONAL STANDARDS
Sec. 2.2.2. Rural agricultural district (A).
2.2.2.2.1. Permitted uses.
2. 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 and aquaculture for native species subject to
State of Florida game and freshwater fish commission permits. The
following permitted uses shall only be allowed on parcels 20 acres in
Size or greater: dairying~ ranching~ animal breeding~ raising~ training~
stabling or kenneling. This is not to preclude an individual property
owner from the keeping of fowl or poultry_, not to excee.d 25 in total
number~ and the keeping of horses and livestock (except for hogs) not
to exceed two such animals for each acre~ and with no open feedlots~
for personal use and not in association with a commercial agricultural
activity on parcels less than 20 acres in size.
3. Wholesale reptile breeding and raising (non-venomous), subject to
the following standards:
a. Minimum ~ twenty acre parcel size;
b. Any roofed structure used for the shelter and/or feeding of
such reptiles shall be located a minimum of 100 feet from
any lot line.
2.2.2.3. Conditional uses. The following uses are permitted as conditional uses in
the rural agricultural district (A), subject to the standards and procedures
established in division 2.7.4.
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6. Wholesale reptile breeding or raising (venomous) subject to
the following standards:
a. Minimum 20 acre parcel size.
b. Any roofed structure used for the shelter and/or feeding of
such reptiles shall be located a minimum of 100 feet from
a. ny lot line.
24. Dairying, ranching, lives.tock raising, poultry and egg production,
milk production, livestock rai.sing, animal breeding, rai~ing, training,
stabling or kenneling on parcels less than 20 acres in size. This is not
"" to preclude an individual property owner from the keeping of fowl or
poultry, not to exceed 25 in total number, and the keeping of horses
and livestock (except for hogs'~ not to exceed two such animals for
each acre, and with no open feedlot.s,. for personal use and not in
association with a commercial agricultural activity on parcels less
than 20 acres in size.
2.2.2.4. Dimensional standards. The following dimensional standards shall apply to all
permitted, accessory, and conditional uses in the rural agricultural district (A).
2.2.2.4.5. Maximum height. ~4) 35 feet, except as provided in section 2.6.3.
Sec. 2.2.4. Residential single-family districts (RSF).
2.2.4.1. Purpose and intent. The purpose and intent of the residential single-family
districts (RSF) is to provide lands primarily for single-family residences.
These districts are intended to be single-family residential areas of low
density. The nature of the use of property is the same in all of these districts.
Variation among the RSF-1, RSF-2, RSF-3, RSF-4, RSF-5 and RSF-6
districts is in requirements for density, lot area, lot width, yards, height, floor
area, lot coverage, parking, landscaping and signs. Certain structures and
uses designed to serve the immediate needs of the single-family residential
development in the RSF districts such as governmental, educational,
religious, and noncommercial recreational uses are permitted as conditional
uses as long as they preserve, and are compatible with the single-family
residential character of the RSF district[s]. The RSF districts correspond to
and implement the urban mixed use land use designation on the future land
use map of the Collier County growth management plan. The maximum
density permissible in the residential-single family districts and the urban
mixed use land use designation shall be guided, in part, by the density rating
system contained in the future land use element of the Collier County growth
management plan. The maximum density permissible or permitted in a
district shall not exceed the density permissible under the density rating
system, except as permitted by policies contained in the future land use
element.
2.2.4.4.1. Maximum density.
1. RSF-1: One unit for each gross acre.
2. RSF-2: Two units for each gross acre.
3. RSF-3: Three units for each gross acre.
-, 4. RSF-4: Four units for each gross acre.
5. RSF-5: Five units for each gross acre.
6. RSF-6: Six units for each gross acre.
Actual maximum density shall be determined through the application of the
density rating system established in the Collier County growth management
plan, or applicable policies contained in the future land use element of the
plan, not to exceed the above specified density for each district.
2.2.4.4.5. Maximum height.
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1. Principal structures. 35 feet.
2. Accessory structures. 20 feet except for screen enclosure structures
which may be the same height as the principal structure.
Sec. 2.2.5. Residential multiple-family - 6 district (RMF-6).
2.2.5.1. Purpose and intent. The purpose and intent of the residential multiple-
family-6 district (RMF-6) is to provide for single-family, two-family and
multifamily residences having a low profile silhouette, surrounded by open
space, being so situated that it is located in close proximity to public and
commercial services and has direct or convenient access to collector and
arterial roads on the county major road network.
The RMF-6 district corresponds to and implements the urban mixed use land
use designation on the future land use map of the Collier County growth
management plan. The maximum density permissible in the RMF-6 district
and the urban mixed use land use designation shall be guided, in part, by the
density rating system contained in the future land use element of the Collier
County growth management plan. The maximum density permissible or
permitted in this district shall not exceed the density permissible under the
density rating system, except as permitted by policies contained in the future
land use element.
2.2.5.4. Dimensional standards: The following dimensional standards shall apply
to all permitted housing structure types, accessory, and conditional uses in
the RMF-6 district.
2.2.5.4.1. Minimum lot area.'
Single-Family:6,500 square feet except as provided at Section 2.2.5.4.7.
and 2.6.27.
Duplex.: . 12,000 square feet except as provided at Section 2.6.27
Two-Family: ~'~ at~a 6,000 square feet per dwelling unit except as provided
at Section 2.6.27
Three or more Dwelling Unit Structures: 5,500 square feet per dwelling unit
except as herein further provided.
2.2.5.4.2. Minimum Lot Width:
Single-Family: 60 feet
Duplex: 80 feet
Two Family: 80 feet combined lot width.
Three or more Dwelling Unit Structures: 100 feet
2.2.5.4.3. Minimum Yard Requirements (except as further provided at Section
2.6.27.)
The following minimum yard requirements are in relation to platted
boundaries:
Front Yard ~ Side Yard Rear Yard
One (Single) Family - 25' 7 ¼' 20'
Dwelling Units
Duplex 25' 10' 20'
Dwelling Units
Two Unit/Family 25' 10' * 20'
Dwelling Units
Three or More Family 30' 15'* 20'
Dwelling Units
· Where fee simple lots are created for each dwelling unit side
yards are measured from the outside wall of the principal structure.
Words at.mc.k t.h.r~ug.h. are deleted, words underlined are added.
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2.2.5.4.4. Maximum height of structures.
1. Principal structures. Three habitable floors.
2. Accessory structures. 15 feet except for screen enclosure structures
which may be the same height as the principal structure but in no
event greater than 35 feet.
2.2.5.4.5. Maximum density. Actual maximum density shall be determined through
application of the density rating system established in the Collier County
growth management plan, or applicable policies contained in the future land
use element, not to exceed six dwelling units per gross acre.
2.2.5.4.7. Development Standards for Non-Conforming Lots of Record:
Nothing herein contained shall prohibit the use of a platted lot of record for a
single family detached dwelling unit, irrespective of its dimensional and area
measurements. Combinations of platted lots of record are otherwise
permitted to achieve the minimum dimensional and area requirements for
each housing structure type as described in the foregoing sections:, except
that the number of dwelling units that may be constructed on any lot of record
(the original platted lot) shall be determined by dividing the area of the lot by
6,500 square feet that being the minimum lot area for each dwelling unit and
further providing that when calculating the density on these non-conforming
lots, a fraction of 0.50 or greater of a unit shall entitle the applicant to an
additional unit.
Section 2.2.6 Residential multiple-family-12 district (RMF-12).
2.2.6.1. Purpose and intent. The purpose and intent of the residential multiple family
- 12 district (RMF-12) is to provide lands for multiple-family residences
having a mid-rise profile, generally surrounded by lower structures and open
space, located in close proximity to public and commercial services, with
direct or convenient access to collector and arterial roads on the county major
road network. Govemmental, social, and institutional land uses that serve the
immediate needs of the multiple-family residences are permitted as
conditional uses as long as they preserve and are compatible with the mid-rise
multiple-family character of the district. The RMF-12 district corresponds to
and implements the urban mixed use land use designation on the future land
use map of the Collier County growth management plan. The maximum
density permissible in the RMF-12 district and the urban mixed use land use
designation shall be guided, in part, by the density rating system contained in
the future land use element of the Collier County growth management plan.
The maximum density permissible or permitted in the RMF-12 district shall
not exceed the density permissible under the density rating system, except as
permitted by policies contained in the future land use element.
2.2.6.4.5. Maximum density. Actual maximum density shall be determined through
application of the density rating system established in the Collier County
growth management plan, or applicable policies contained in the future land
use element, not to exceed 12 units for each gross acre.
Section 2.2.7 Residential multiple-family-16 district (RMF-16).
2.2.7.1. Purpose and intent. The purpose and intent of the residential multiple-
family-16 district (RMF-16) is to provide lands for medium to high density
multiple-family residences, generally surrounded by open space, located in
close proximity to public and commercial services, with direct or convenient
access to arterial and collector roads on the county major road network.
Governmental, social, and institutional land uses that serve the immediate
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needs of the multiple-family residences are permitted as conditional uses as
long as they preserve and are compatible with the medium to high density
multiple-family character of the district. The RMF-16 district corresponds to
and implements the urban mixed use land use designation on the future land
use map of the Collier County growth management plan. The maximum
density permissible in the RMF-16 district and the urban mixed use land use
designation shall be guided, in part, by the density rating system contained in
the future land use element of the Collier County growth management plan.
The maximum density permissible or permitted in the RMF-16 a district shall
not exceed the density permissible under the density rating system~ except as
permitted by policies contained in the future land use element.
2.2.7.4.5. Maximum density. Actual maximum density shall be determined through
application of the density rating system established in the Collier County
growth management plan, o.r applicable policies contained in the future land
use element, not to exceed 16 dwelling units for each gross acre.
Section 2.2.9 Village residential district (VR).
2.2.9.1. Purpose and intent. The purpose and intent of the village residential district
(VR) is to provide lands where a mixture of residential uses may exist.
Additionally, uses are located and designed to maintain the village residential
character of the VR district. The VR district corresponds to and implements
the mixed residential land use designation on the Immokalee future land use
map of the Collier County growth management plan. It is intended for
application in those urban areas outside of the coastal urban area designated
on the future land use map of the Collier County growth management plan~
though there is some existing VR zoning in the coastal urban area. The
maximum density permissible in the village residential district and the urban
mixed use land use designation shall be guided, in part, by the density rating
system contained in the future land use element of the Collier County growth
management plan. The maximum density permissible or permitted in the VR
a district shall not exceed the density permissible under the density rating
system, except as permitted by policies contained in the future land use
element, or as designated on the Immokalee future land use map of the
growth management plan.
2.2.9.4. Dimensional standards. The following dimensional standards shall apply to
all permitted, accessory, and conditional uses in the village residential district
(VR).
Single-Family Duplex Multiple-Family Accessory Conditional
Dwelling and Dwelling Uses Uses
Mobile Home
5. Maximum density. 7.26 units/gross 8.71 units/gross 14.52 units/gross N/A N/A
· ~s Actual maximum density shall be determined through the application orbS, the density rating
system, or applicable policies contained in the future land use element, or the lmmokalee future land
use map established in the Collier County growth management plan, not to exceed the above specified
density for each use. 16 ur.~:~ fzr :,ac, k acre.
Section 2.2.10 Mobile home district (MH).
2.2.10.1. Purpose and intent. The purpose and intent of the mobile home district (MH)
is to provide lands for mobile homes that ensure they are consistent and
compatible with surrounding land uses. The MH district corresponds to and
implements the urban mixed use land use designation on the future land use
map of the Collier County growth management plan. The maximum density
permissible in the mobile home district and the urban mixed use land use
designation shall be guided, in part, by the density rating system contained in
the future land use element of the Collier County growth management plan.
Words str~:ck thr,gugh are deleted, words underlined are added.
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The maximum density permissible or permitted in the MH a district shall not
exceed the density permissible under the density rating system, except as
permitted by policies contained in the future land use element, or as identified
in the Immokalee future land use map of the growth management plan.
2.2.10.4.5. Maximum density. Maximum density shall be determined through
application of the density rating system established by the Collier County
growth management plan, or applicable policies contained in the future land
use el .emen. t, not to exceed 7.26 units per gross acre (1 unit per 6,000 squ. are
feet of land area) - except as provided for legal non-conforming lots of record
in Section 2.2.10.4. I.
Section 2.2.13. Commercial Convenience District (C-2).
2.2.13.2.1. Permitted uses.
Eating places (5812 except contract feeding, di~er theaters, food
service (institutional), industrial feeding).
Food stores (groups 5411 except supe~arkets, 5421--5499).
Gasoline seNice stations (5541 subject to section 2.6.28).
82. General merchandise stores (5311 --5399).
Group care facilities (categoq I and II, except for homeless shelters);
care units, except for homeless shelters; nursing homes; assisted
living facilities pursuant to ~ 400.402 F.S. and ch. 58A-5 F.A.C.; and
continuing care retirement communities pursuit to ~ 651 F.S. and ch.
4-193 F.A.C.; all subject to section 2.6.26.
~. Hardw~e stores (5251).
~1~. Health seNices (groups 8011--8049, 8082).
~1~. Home furniture, furnishing ~d equipment stores (groups 5713--5719,
5731--5736).
~1~. Libraries (8231).
~1~. Miscell~eous repair se~ices, except aircra~, business and office
machines, large appli~ces, and white goods such as refrigerators and
washing machines (7629--7631 ).
~1~. Miscellaneous retail seNices (5912, 5942--5961).
~1~. Museums ~d ~ galleries (8412).
~lj. Paint, glass and wallpaper stores (5231).
~15. Personal se~ices (groups 7212, 7215,7221 --7251,7291 ).
~1~. Security and commodity brokers, dealer, exchanges and services
(groups 6211--6289).
~1~. United States Postal SeNice (4311 except major distribution center).
~2~. Veterina~ se~ices (0742 excluding outside kenneling).
Words ~ are deleted, words underlined are added.
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~-3.21. Videotape rental (7841).
L~322. Any other convenience commercial use which is comparable in nature
with the foregoing uses including buildings for retail, service and
office purposes consistent with the permitted uses and purpose and
intent statement of the district.
2.2.13.2.2. Uses accessory to permitted uses.
3. Caretaker's residence, subject to section 2.6.16.
Section 2.2.14. Commercial intermediate district (C-3).
2.2.14.2.1. Permitted uses.
1. Unless otherwise provided for in this section, all permitted uses of the C-2
commercial convenience district.
2. Apparel and accessory stores (groups 5611--5699).
3. Auto and home supply stores (5531).
4_:. Automotive services (7549).
4:. 5_:.Business services (groups 7311, 7313, 7322--7338, 7361--7379, 7384, 7389
except auctioneering service, field warehousing, bottle labeling, packaging
and labeling, salvaging of damaged merchandise, scrap steel cutting and
slitting).
~.6_ Eating places (5812 only). All establishments engaged in the retail sale of
alcoholic beverages for on-premise consumption are subject to locational
requirements of section 2.6.10.
~7_ Food stores (groups 5411--5499).
~.8_. General merchandise stores (groups 5311--5399).
&9_. Group care facilities (category I and II, except for homeless shelters); care
units, except for homeless shelters; nursing homes; assisted living facilities
pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care
retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all
subject to section 2.6.26.
9-:.10. [Reserved.]
I 0. 11. Home furniture, furnishing, and equipment stores (groups 5712--5736).
11.12. Libraries (8231 ).
! 2.13. Marinas (4493), subject to section 2.6.22.
13.14. Membership organizations (8611 --8699).
44:.15. Miscellaneous repair services (groups 7629-o7631 ).
15.16. Miscellaneous retail (groups 5912--5963 except pawnshops and building
materials, 5992--5999).
! 6. 17. Museums and art galleries (8412).
17. l 8. Nondepository credit institutions (groups 6111 --6163).
Words ~ are deleted, words underlined are added.
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!8.19. Paint, glass and wallpaper stores (5231).
-t~.20: Personal services (groups 7211, 7212, 7215, 7216 nonindustrial dry cleaning
only, 7221 --7251,7291 ).
20.21: Public administration (groups 9111--9199, 9229, 9311,9411--9451,
9511--9532, 9611--9661).
21.22. Retail nurseries, lawn and garden supply stores (5261).
22.23. Veterinary services (groups 0742, 0752 excluding outside kenneling).
23.24. Videotape rental (7841 ).
24.25. United States Postal Service (4311 except major distribution centers).
25.26. Any use which was permissible under the prior GRC zoning district and
which was lawfully existing prior to the adoption of this code.
26.27. Any other general commercial use which is comparable in nature with the
foregoing uses including buildings for retail, service and office purposes
consistent with the permitted uses and purpose and intent statement of the
district.
Section 2.2.20 Planned unit development district (PUD).
2.2.20.1 Purpose and intent. The purpose and intent of establishing the planned unit
development district (PUD) is to provide procedures and standards to
encourage mixed use planned developments that may be instituted at
appropriate locations, or planned developments that may or may not be mixed
use in the urban fringe areas, all in accordance with the planning and
development objectives of the county under the code and the growth
management plan. It is further the purpose and intent of these PUD
regulations to encourage ingenuity, innovation and imagination in the
planning, design, and development or redevelopment of relatively large
tracts of land under unified ownership or control. PUDs produced in
compliance with the terms and provisions of this code and the growth
management plan may depart from the strict application of setback, height,
and minimum lot requirements of conventional zoning districts while
maintaining minimum standards by which flexibility may be accomplished,
and while protecting the public interest, so that:
1. A more creative approach may be taken to the development of
contiguous tracts of land and to encourage development of infill
parcels of contiguous tracts of land in certain circumstances.
2. A more desirable environment may be accomplished than would be
possible through strict application of the minimum requirements of
this zoning code.
3. Land may be used more efficiently, resulting in smaller networks of
utilities and streets with consequent lower construction and future
maintenance costs.
4. The impact of a particular PUD on the present and projected
population, economy, land use pattern, tax base, street system, and
public facility network(s) of the county may be carefully evaluated
relative to the various costs and benefits that may be associated with
such development.
Words ~ruc~ '.~re~:g.h. are deleted, words underlined are added.
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5. The development employs techniques featuring amenities and
excellence in the form of variations in siting, mixed land uses and/or
varied dwelling types, as well as adaptation to and conservation of the
topography and other natural characteristics of the land involved.
Exceptions to variations in siting, mixed land uses and/or varied
dwelling types may be granted on PUD infill development.
The maximum density permissible in the PUD district and the urban mixed
use land use designation shall be guided, in pan, by the density rating system
contained in the future land use element of the Collier County growth
management plan. The maximum density permissible or permitted in a PUD
a district shall not exceed the density permissible under the density rating
system, except as permitted by policies contained in the future land use
element. Anything to the contrary notwithstanding, all PUD development
shall be consistent with the Collier County growth management plan.
2.2.20.3.1.1 Maximum residential densities.
1. Maximum residential density permissible for the overall PUD shall be
guided, in part, by the density rating system contained in the future
land use element of the growth management plan. The overall
maximum residential density permissible or permitted in a PUD shall
be calculated by dividing the total number of dwelling units by the
total of gross acreage of the proposed PUD excluding the acreage of
the areas designated for commercial, industrial, or other land use
having an established equivalent residential density in this Land
Development Code. The maximum density permissible or permitted
in a PUD shall not exceed the density permissible under the density
rating system, or applicable policies contained in the future land use
element.
2.2.20.3.2 Multifamily entry level rental housing areas.
2. Maximum density. The maximum residential density permissible
shall be guided, in part, by the density rating system contained in the
future land use element of the growth management plan. The
maximum density permissible or permitted shall not exceed the
density permissible under the density rating system, except as
permitted by policies contained in the future land use element.
See. 2.2.23 Airport overlay district (APO): special regulations for specified areas in and around
the airports in Collier County.
2.2.23.3.3. Variances. Any person desiring to erect or increase the height of any structure or
use his property not in accordance with the regulations prescribed in this ordinance
may apply to the board of zoning appeals for a variance from such regulations
pursuant to section 2.7.5. subject to subsection 333.03(1)(c), Florida Statutes, and
subject to each interlocal agreement entered into by the County pursuant to
subsection 333.03(1 )(b~(1 ). Florida Statutes.
SUBSECTION 3.B: AMENDMENTS TO OFF-STREET PARKING AND LOADING
Division 2.3., Off-Street Parking and Loading, of Ordinance 91-102, as amended,
the Collier County Land Development Code, is hereby amended to read as follows:
DIVISION 2.3. OFF-STREET PARKING AND LOADING
See. 2.3.16. Off-street parking and stacking; required amounts.
2.3.16.1. BicFCle parking for non-residential developments.
Words struck t.h. raug.h. are deleted, words underlined are added.
li
1. Provisions for the safe and secure parking of bicycles shall be
furnished at a ratio of five percent of the requirements for
motor vehicles as set forth in Sec. 2.2.16. but not to exceed a
ratio of 10% of the required number of parking spaces. A
minimum of two bicycle parkin. g spaces shall be provided.
2. A bicycle parking facility suited to a single bicycle ("parking
space") shall be of a stand-alone inverted-U design measuring
a minimum of 36 inches high and 18 inches wide [of 1 V2 inch
Schedule 40 pipe, ASTM F 1083] bent in one piece ("bike
rack") mounted securely to the ground [by a 3/8 inch thick
steel base plate, ASTM A 36] so as to secure the bicycle frame
and both wheels.
3. Each parking space shall have a minimum of three feet of
clearance on all sides of the bike rack.
4. Bicycle spaces shall be paved, .lighted and located no greater
than 100 feet from the main building entrance.
5. Extraordinary bicycle parking designs which depart from the
bike rack standard but are consist with the development's
design theme shall be considered by the County architect,
Bike racks which function without securing the bicycle frame,
require the use of a bicycle kick stand, or which may be freely
reoriented are not allowable.
6. Substitutions of up to five percent of the parking required by
section 2.3.16. are allowable by providing additional bicycle
parking on a five-to-one basis.
SUBSECTION 3.D: Amendments to Supplemental Regulations Division
Division 2.6., Supplemental District Regulations, of Ordinance 91-102, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS
See. 2.6.7. Parking and storage of certain vehicles.
2.6.7.2. Parking, storage or use of major recreational equipment.
2.6.7.2.1. No recreational equipment shall be used for living, sleeping, or housekeeping
purposes when parked or stored on a residentially zoned lot, residential
districts, or any location not approved for such use. In districts permitting
single-family homes or mobile homes, major recreational equipment may be
parked or stored only in a rear yard, or in a completely enclosed building, or
in a carport, or on davits or cradles adjacent to waterways on residentially
zoned property; provided, however, that such equipment may be parked
anywhere on residential premises, other than on county rights-of-way or
right-of-way easements for a period not to exceed iLM 6 hours ~ within a
time period of seven (7) days for loading and unloading, and/or cleaning prior
to or after a trip. For the purpose of this section the rear yard for a corner lo__t
shall be considered to be that portion of the lot opposite the street with the
least frontage. For through lots the rear yard shall be considered to be that
portion of the lot lying between the rear elevation (by design) of the residence
and the street.
2.6.7.2.2. The following exceptions may be granted by the site development review
director:
1. Such recreational equipment may be parked upon the premises of the
resident for a period not exceeding seven days for the purpose of
~,~.a; .....~.a;,,,, repairing and/or cleaning prior to or after a trip. A
Words atrucP, t~reug.h. are deleted, words underlined are added.
12
temporary use permit must be obtained to authorize this activity. The
permit for such period shall be affixed to the vehicle in a conspicuous
place on the street side thereof. No more than two consecutive
permits may be issued and the maximum number of permits issued
during one calendar year shall be restricted to four.
2. Nonresident: Such car, trailer, bus or motor home, when used for
transportation of visitors to this county to visit friends or member of
the visitor's family residing in this County may be parked upon the
premises of the visited family for a period not exceeding seven days.
A temporary use permit must be obtained to authorize this activity.
The permit for such period shall be affixed to the vehicle in a
conspicuous place or on the street side thereof. This does not allow
for living, sleeping, or housekeeping purposes. No more than two
consecutive permits may be issued and the maximum number of
permits issued during one calendar year shall be restricted to four.
SUBSECTION 3.D: AMENDMENTS TO ZONING ADMINISTRATION AND PROCEDURES
DIVISION
Division 2.7., Zoning Administration and Procedures, of Ordinance 91-102, as amended, the
Collier County Land Development code, is hereby amended to read as follows:
DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES
See. 2.7.3. Planned Unit Development (PUD) procedures.
See. 2.7.3.5.2.
on cs.mpletisn of t,he rev ew, .......... v
SUBSECTION3.E: AMENDMENTS TO ARCHITECTU~L AND SITE DESIGN
STANDA~S AND GUIDELINES FOR COMMERCIAL
BUILDINGS AND PROJECTS DIVISION.
Division 2.8., Architectural and Site Design Standards and Guidelines for Commercial Buildings
and Projects, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby
amended to read as follows:
DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND
GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS.
See. 2.8.2. Applicability.
Provisions of this division are applicable in all commercial zoning districts, commercial
components of PUD districts, and DRIs, and business park districts, and industrial zoned
areas fronting on arterial or collector roads as described by the transportation circulation
element of the growth management plan, as provided below:
2.8.2.1. Renovations and redevelopment.' In the case of additions or
renovations to, or redevelopmerit of, an existing building or project,
where the cost of such addition, renovation, or redcvelopment exceeds
Words :truck ,h ..... h
...... e~.. are deleted, words underlined are added.
13
50 percent of the value of the existing structure(s), or 20 percent of
the square footage of the existing structures, the provisions of this
division shall apply.
2.8.2.2. Discontinuance: The provisions of section 1.8.3.3. of this code do not
apply to the provisions of section 2.8. which require structural
alterations and are superseded by the following. Where the use of a
structure ceases for any reason, except where govemmental action
impedes access to the premises, for a period of more than 365
consecutive days, the provisions of this code which may require
structural alterations shall be adhered to prior to reoccupancy of the
structure. With respect to vehicular use and required landscape areas,
the provisions of this section shall apply where the use of a structure
ceases for any reason, except where governmental action impedes
access to the premises, for a period of more than 180 consecutive
days.
2.8.2.3. Required site development or improvement plan. Compliance with the
standards set forth in this division shall be demonstrated by submittal
of architectural drawings and a site development plan or site
improvement plan in accordance with division 3.3 of this code.
2.8.2.4. Iljustrations. Iljustrations provided in division 2.8. are intended to
provide a graphic example of a specific provision or provisions set
forth herein. Variations from these iljustrations which nonetheless
adhere to the provisions of this division, are encouraged.
Sec. 2.8.3. Architectural and site design standards and guidelines for
commercial buildings and projects with a gross building area of
20,000 square feet or larger.
Compliance with the standards set forth in this section shall be
demonstrated by submittal of architectural drawings and a site
development plan in accordance with division 3.3 of this code.
2.8.3.1. Off street parking design. As provided for in division 2.3, and subject
to the following provisions:
2.8.3.1.2. Purpose and intent. Commercial buildings and projects, including
their outparcels shall be designed to provide safe, convenient, and
efficient access for pedestrians and vehicles. Parking shall be
designed in a consistent and coordinated manner for the entire site.
The parking area shall be integrated and designed so as to enhance the
visual appearance of the community.
2.8.3.1.3. Design standards. Parking, utilizing the same degree of angle, shall
be developed throughout the site to provide efficient and safe traffic
and pedestrian circulation. A single bay of parking provided along the
perimeter of the site may vary in design in order to maximize the
number of spaces provided on-site. The mixture of one-way and two-
way parking aisles, or different degrees of angled parking within any
parking area is prohibited, except as noted above, or where individual
parking areas are physically separated from one another by a
continuous landscape buffer, a minimum five feet in width with
limited access. Landscape buffers for these lOcatjo.ns. sha. ll. u.s¢
landscape material other than grass for separation of parking areas
(See Iljustrations 1 and 2 below).
Words struck thrcugk are deleted, words underlined are added.
14
GITE LINE t~ULtL
PARKINrq
Dolt Do~ hi 5
El~lr~ll~
2.8.3.1.3. l. Maximum Parking.' Parking in excess by 20 percent of the minimum
parking requirements shall provide additional landscaping as
described in section 2.3.10. of this code.
2.8.3.1.4. Parking for sing!c use projects. ~ Projects shall be designed
to adhere to the following standards:
(a) Interior lots. No more than 50 percent of the off-street parking
for the entire commercial building or project shall be located
between any primary facade of the commercial building or
project and the abutting street or navigable waterway:, or
mi immm "":";
ef-404ee~. (See Iljustration 3 below).
Words ......,..h .....h are deleted, words underlined are added.
15
Iljustration 3
(b) Corner lots. No more than 80 percent of the off-street parking
for the entire commercial building or project shall be located
between any primary facade of the commercial building or
project and the abutting street or navigable waterway area,
with no single side to contain more than 65 percent of the
equired pa king or v'he, re "~ parlcing;
,...~;,.,.,.-,,.,, g.'., ,- o .4 ,:, ,-,,.-.r.! .',, ,d~,,++;-'~. ~;,'.-hf ...F
WG.+~;~W~.,, +k~,.., +1-,~ ,.,;r,.; ...... + k,'-,'.b f,.'vr.v.,
shah ~'~ a ............... ee iljustration 4 below
Words st=ok +.' .....u are deleted, words underlined are added.
' 16
> IS 'o OF REGIUIRrr, D
Iljustration 4
2.8.3.1.5. Parking structure standards: a minimum of 60 percent of any primary
facade of a parking structure or covered parking facility shall
incorporate two of the following (see Iljustration 5 below for
examples):
(a) transparent windows, with clear or lightly-tinted glass, where
pedestrian oriented businesses are located along the facade of
the parking structure;
(b) display windows;
(c) decorative metal grille-work or similar detailing which
provides texture and partially and/or fully covers the parking
structure opening(s);
(d) art or architectural treatment such as sculpture, mosaic, glass
block, opaque art glass, relief work, or similar features; or,
" (e) vertical trellis or other landscaping or pedestrian plaza area.
Words ......~ +h .....h are deleted, words underlined are added.
17
bte4t.~t ~IeRK llER11,11HT'
Iljustration
2.8.3.2. Lighting.
2.8.3.2.1. Purpose and intent. Commercial buildings and projects, including
their outparcels shall be designed to provide safe, convenient, and
efficient lighting for pedestrians and vehicles. Lighting shall be
designed in a consistent and coordinated manner for the entire site.
The lighting and lighting fixtures shall be integrated and designed so
as to enhance the visual impact of the project on the community
and/or blends into the landscape.
2.8.3.2.2. Shielding standards. Lighting shall be designed so as to prevent direct
glare, light spillage and hazardous interference with automotive and
pedestrian traffic on adjacent streets and all adjacent properties.
2.8.3.2.3. Fixture height standards. Lighting fixtures shall be a maximum of 30
feet in height within the parking lot and shall be a maximum of 15
feet in height within non-vehicular pedestrian areas (see Iljustration 6
below).
//\\
llluilration 6
2.8.3.2.4. Design standards. Lighting shall be used to provide safety while
accenting key architectural elements and/or to emphasize landscape
features. Light fixtures shall be designed as an integral design element
that complements the design of the project *~ .....
eebr. This c~ be accomplished t~ough sty!e~ material or color
Words .....~ *~ .....~ are deleted, words underlined are added.
(excluding flarescent, primary and/or seconda~_ colors) or be
designed to blend into the landscape through the use of dark colors
such as bronze. Mill finish is not permitted.
~ .......................... ., ......... areas, Service Function Areas
(SFA) including but not limited to loading storage, mechanical
equipment, and solid waste disposal.
2.8.3.3.1. Purpose and intent. To diminish, in a safe manner, the visual impacts
of service functions that may detract or have a negative impact on the
streetscape, landscape and/or the overall community image.
2.8.3.3.2. Buffering and screening standards. In accordance with the provisions
of division 2.6. of this code, loading areas or docks, outdoor storage,
trash collection, mechanical equipment, trash compaction, track
par-k-h~ vehicular storage excluding new and used carS, recycling,
roof top equipment and other service function areas shall be fully
screened and out of view from adjacent properties at ground view
level whe~n locate~
,~:,~.,:.n ...... ,~ ..... '~:"~ and in view of roadway corridors.
2.8.3.3.3. Materials and design standards. Screening material and design shall
be consistent with design treatment of the primary facades of the
commercial building or project and the landscape plan.
2.8.3.3.3.1. Fencing standards: Chain link and wood fencing are prohibited
forward of the primary facade and must be a minimum of one hundred
(100) feet from a public right-of-way. Chain link and wood fencing
facing a public right-of-way shall provide at a minimum an irrigated
hedge directly in front of the fence on the side of the right-of-way.
Plant material shall be a minimum of three gallon and planted three
feet on center at time of installation. This plant material shall be
maintained at a minimum of three quarter the height of the fencing.
(See Iljustration 6.1 ).
Fencing forward of the primary facade is permitted under the
following conditions:
Fencing does not exceed four feet in height.
2_.) The fencing provides either an open view at a minimum of
twenty five percent of its length or provides variation in its
height for a minimum of fifteen percent of its length with a
deviation of at least twelve (12) inches.
3_.) The fence style must complement building style through
material, color and/or design.
Words ..... ,, ,u .....u are deleted, words underlined are added.
19
Iljustration 6.1
2.8.3.3.4. Drive-through window standards. Drive-through windows and lanes
shall be designed to adhere to the following standards:
1. Drive-through windows shall not be placed between the right-
of-way of a primary collector or arterial roadway and the
associated building, unless the vegetation required by a Type
"B" landscape buffer is installed within the buffer width
required for the project and maintained along the entire length
of the drive-through lane between the drive-through lane and
the adjacent riht-of-way. As an alternative to the vegetative
buffer referenced above, a permanent covered porte-cochere
type structure, other than awning/canvass type structure(s), .
may be installed extending the width of the drive-through and
covering the service window(s). Such structure shall be
integrated structurally and architecturally into the design of the
building.
2. Only a single drive-through ~ facility is permitted. untoss
~.v~l..A;..
2.8.3.4. Pedestrian walk~ays.
2.8.3.4.1. Purpose and intent. To provide safe opportunities for alternative
modes of transportation by connecting with existing and future
pedestrian and bicycle pathways within the county and to provide safe
passage from the public right-of-way to the commercial building or
project, and between alternative modes of transportation.
2.8.3.4.2. Pedestrian access standards. Pedestrian ways, linkages and paths
shall be provided from the building entry(s) to surrounding streets,
external sidewalks, and outparcels. Pedestrian ways shall be designed
to provide access between parking areas and the building entrance(s)
in a coordinated and safe manner. Pedestrian ways may be
incorporated within a required landscape perimeter buffer, provided
said buffer is not less than ten feet in width on average. Shared
pedestrian walkways are encouraged between adjacent commercial
projects.
Words ~tr-'-'~k thro~:gh are deleted, words underlined are added.
20
2.8.3.4.3. Minimum ratios. Pedestrian ways shall be provided at a minimum
ratio of one for each public vehicular entrance to a project, excluding
ingress and egress points intended primarily for service, delivery or
employee vehicles.
2.8.3.4.4. Minimum dimensions. Pedestrian walkways shall be a minimum of
five feet wide.
2.8.3.4.5. Materials. Pedestrian walkways shall be consistent with the
---- provisions of section 4.5 of the Americans with Disabilities Act
(ADA), Accessibility Guidelines. Materials may include specialty
pavers, concrete, colored concrete or stamped pattern concrete.
2.8.3.4.6. Pedestrian crosswalks at building perimeter. Building perimeter
crosswalks shall be designed and coordinated to move people safely
to and from buildings and parking areas by identifying pedestrian
crossings with signage and variations in pavement materials or
markings.
2.8.3.4.7. Shade. Pedestrian walkways shall provide intermittent shaded areas
when the walkway exceeds 100 linear feet in length at a minimum
ratio of 100 square feet of shaded area per every 100 linear feet of
walkway. Shade structures may be natural, manmade or a
combination of both.
2.8.3.5. Building design.
2.8.3.5.1. Purpose and intent. To maintain and enhance the attractiveness of the
streetscape and the existing architectural design of the community.
Buildings shall have architectural features and pattems that provide
visual interest from the perspective of the pedestrian; reduce massing
aesthetic; recognize local character, and be site responsive. Facades
shall be designed to reduce the mass/scale and uniform monolithic
appearance of large unadorned walls, while providing visual interest
that will be consistent with the community's identity and character
through the use of detail and scale. Articulation is accomplished by
varying the building's mass in height and width so that it appears to be
divided into distinct massing elements and details that can be
perceived at the scale of the pedestrian (see Iljustration 7 below).
Comer lots at an intersection of two or more arterial or collector roads
shall be designed with additional architectural embellishments, such
as comer towers, or other such design features, to emphasize their
location as gateways and transition points within the community.
Words atruck thrc, uF, h are deleted, words underlined are added.
21
I:LEV.
14.1.5.
Iljustration 7
2.8.3.5.2. Building orientation standards. Facades/elevations that are adjacent to
an arterial or collector street, or a navigable waterway, shall have
~: ....' ....;'~'~ .....'~" ~""~:°"
--,~ ...........~, ................two of the following design
features:
1_. Windows at a minimum of 40 percent of the affected facade:
2_. Projected covered public entry with a minimum of 25 percent
of the wall space devoted to windows:
Words ..... ,- ,,- .....
............. ~,, are deleted, words underlined are added.
22
3_ Covered walkway (excluding canvas type) unless provided
with six (6) inch columns or better attached to the building at
minimum of eight feet wide with a 60% minimum coverage
for the affected facade.
2.8.3.5.3. Facade/wall height transition. New developments that are located
within 300 feet of an existing building, and are more than twice the
height of any existing building within 300 feet shall provide
transitional massing elements to transition between the existing
buildings of lower height within 300 feet, and the proposed
development. The transitional massing element can be no more than
100 percent taller than the average height of the adjacent buildings
(see Iljustration 8 below).
A J Ae-,~I4T F=Xtd-jT IN~
~Y LISE F 5Tglsl~-~
I~T THe
Iljustration 8
2.8.3.5.4. Facade standard All primary facades of a building shall be designed
with consistent architectural style, detail and trim features. Facades
attached to a primary facade shall incorporate features of the primary
facade for a minimum of 33 percent of the overall wall length
measured from the attached primary facade. In the case of outparcel
buildings, all exterior facades shall adhere to the requirements of this
division with respect to architectural design treatments for primary
facades.
2.8.3.5.4. l. Window standards.' Windows shall not appear to be false or applied.
2.8.3.5.4.2. Awning Standards: These standqrds apply to awnings associated with
and attached to a building/structure. (See Iljustration 8.1 )
Words struck thrcugh are deleted, words underlined are added.
23
Mansard Awning
shall not be backlit
Backlit Awning with
graphics must meet
sign code requirements
r illuminated iarea.
Awnina Standards
Iljustration 8.1
Mansard awnings which are awnings that are more than 90% of a
facade or those that connect two facades shall adhere to all roof
standards of section 2.8 of this code.
All other awnings which are awnings that constitute less than 90% of
a facade and which do not provide a connection between facades shall
adhere to the following standards:
a) Awnings may be backlit provided the illuminated portion of
the awning with graphics does not exceed the size limitations and
standards of this code.
Automobile sales parking lot awnings: Shade awnings may be
erected in automobile sales parking lots subject to the following
requirements and standards:
a) No shade awning structure shall be constructed within
seventy-five (75) feet of any public or private street.
b) No one shade awning structure may exceed an area
sufficient to provide cover for more than twenty (20)
automobiles.
c) The minimum separation between shade awning
structures shall be one hundred (100) feet,
d) Multi-color.e.d. Shade awning structures are prohibited
and the use of black, gray, ~Orescent, primary. and/or
secondary_ colors is prohibited. Earth-tone colors are
encouraged.
2.8.3.5.4.3. Overhead doors: Overhead doors facing one another may be treated
as interior .space provided that the buildings meet all other
requirements of section 2.8 of this code. (See Iljustration 8.2)
Words ...... t, ,u .....h are deleted, words underlined are added.
24
L__, When overhead doors
face each other they may
be treated as one building
Overhead Door Diagram
Iljustration 8.2
2.8.3.5.5. Massing standards. Exterior facades shall be designed to employ the
following design treatments on the ground floor:
(1) No horizontal length or uninterrupted curve of a building facade
shall exceed 100 linear feet. For arcaded facades, no horizontal
length or uninterrupted curve of the arcaded facade shall exceed
120 feet, but varied lengths are desirable. Projections and recesses
shall have a minimum depth of three feet with 25 percent of these
having a varied length with a minimum differential of one foot
(See Iljustration 9 below).
l]justFation 9
(2) Exterior wall planes shall not constitute more than 60 percent
of each affected ground floor facade. The wall plane shall be
measured at one foot off the exterior wall surface on each side
of the wall.
(3) Primary facades on the ground floor shall have features along
a minimum of 50 percent of their horizontal length per
affected side. These features include, but are not limited to:
arcades, a minimum ofoigl~ six (6) feet clear in width; display
windows; entry areas; or other such design elements. Awnings
Words ctrack thrcugh are deleted, words underlined are added.
25
are ~ included fre, m in this calculation at 1.5 times the
window width ~mtoss when associated with windows/doors
and are in increments of ~ twenty (20) feet in length or less.
2.8.3.5.6. Project standards. Both single and multi-use buildings and projects
shall also be required to provide a minimum of Oh~-~ four of the
following building design treatments (see Iljustrations 10 and 11
below):
(a) Canopies or portico, integrated with the buildings massing and
style;
(b) Overhangs~ minimum of three feet;
(c) Arcades, minimum of eight feet clear in width;
(d) Sculptured artwork;
(e) Raised cornice FaraFetz e, ver ~oc, r~ or building banding with a
minimum of two reliefs;
(f) Peaked roof forms;
(g) Arches;
(h) Display windows;
(i) Ornamental and structural architectural details, other than
cornices; which are integrated into the building structure and
overall design;
(j) CIock~ o~ bell towers or other such roof treatment (i.e.
dormers, belvederes, cupolas);
(k) Projected and covered entry, five foot minimum;
Emphasized building base, minimum of three feet high and
minimum projection from the wall of two inches;
(m) Additional roof articulation above the minimum standards.
(see roof section);
~ Metal or tile roof as the dominant roof material; or
(o) Any other treatment which, in the opinion of the planning
services director, meets the intent of this section:
and one of the following site design elements:
(a) Decorative landscape planters or planting areas, a minimum of
five feet wide, and areas for shaded seating consisting of a
minimum of 1 O0 square feet;
(b) Integration of specialty pavers, or stamped concrete along the
building's walkway. Said treatment shall constitute a minimum
of 60 percent of walkway area; or,
(c) Water elements, a minimum of 150 square feet in area; or
Words ..... ~- '~ .....u are deleted, words underlined are added.
26
(d) Two accent or specimen trees (above the minimum landscape
code requirements) along the front facade with a minimum
height of eighteen feet at plantin~
f-LEYAT~O ~4
Words ...... b ,h ..... h are deleted, words underlined are added.
, 27
Iljustration
2.8.3.5.7. Detail Features
2.8.3.5.7.1. Purpose and intent. The design elements in the following standards
shall be integral parts of the building's exterior facade and shall be
integrated into the overall architectural style. These elements shall not
consist solely of applied graphics, or paint.
2.8.3.5.7.2. Blank wall areas. Blank wall areas shall not exceed ten feet in vertical
direction nor twenty i~20] feet in th__e horizontal direction of an;,' facade
.any primary facade. For facades connected to a primary_ facade this
shall .apply to a minimum of thirty~three percent of the attached facade
measured from the connection point. Control and expansion joints
within this area shall constitute blank wall area unless used as a
decorative pattern and spaced at intervals of six feet or less. Relief and
reveal work depth must be a minimum of one-half inch (see
Iljustration 12 below). Blank wall area may utilize landscapina to
assist in reducing the blank wall area. Landscaping shall not be in
lieu of architectural .treatment, (See IljustratiOn 12.1 beloW).
Words ..... b .h .....u are deleted, words underlined are added.
28
Iljustration 12.1
2.8.].5.7.]. Repeating facade treatments. Building facades shall include a
repeating pattern and shall include no less than three of the design
elements listed below. At least one of these design elements shall
repeat horizontally. All design elements shall repeat at intervals of no
more than ~0 fifty (50) feet, ~ horizontally ~ and a maximum of
fifteen (15) feet vertically.
1. Color change;
2. Texture change;
3. Material module change;
4. Expression of architectural or structural bays, through a
change in plane of no less than 12 inches in width, such as a
.-- reveal, an offset, or a projecting rib (see Iljustration 13 below);
5. Architectural banding;
6. Building setbacks or projections, a minimum of three feet in
width on upper level(s) or,
7. Pattern change:
Words struck +u .....h are deleted, words underlined are added.
29
Ft~ J ~t ~ ~t
BAY
Iljustration 13
2.8.3.5.8. A dditional facade design treatme nts for multiple use buildings.
2.8.3.5.8.1. Purpose and intent. The presence of buildings with multiple tenants
creates variety, breaks up large expanses of uninterrupted facades, and
expands the range of the site's activities. Windows and window
displays of such stores shall be used to contribute to the visual interest
of exterior facades. The standards in this section are directed toward
those situations where more than one retailer, with separate exterior
customer entrances, are located within the principal building.
2.8.3.5.8.2. First floor primary facade treatments.
2.8.3.5.8.2.1 The first ~oor of the primary facades ~ .... ~, ,.,.. h: .... ~,,, :~ ,~: _ ~ ~
shall, at a minimum, utilize windows between the heights of three feet
and eight feet above the walkway grade for no less than ~50 thirty (30)
percent of the horizontal length of the building facade.
2.8.3.5.8.2.2. Windows shall be recessed, a minimum of one-half inch, and shall
include visually prominent sills, shutters, stucco reliefs, or other such
forms of framing.
2.8.3.5.9. Outparcels.
2.8.3.5.9.1. Purpose and intent. To provide unified architectural design and site
planning between outparcel structures and the main structure on the
site in order to enhance the visual impact of the structures and to
provide for safe and convenient vehicular and pedestrian access and
movement within the site.
2.8.3.5.9.2. Outparcel design.' All exterior facades of an outparcel structure shall
be considered primary facades and shall employ architectural, site,
and landscaping design elements which are integrated with and
common to those used on the primary structure on site. These
common design elements shall include colors and materials associated
with the main structure. When the use of common wall, side by side
development occurs, continuity of facades and consolidated parking
for several businesses on one parking lot may be used. Outparcel
structures that are adjacent to each other shall provide for vehicular
connection between their respective parking lots and provide for
interconnection of pedestrian walkways.
2.8.3.5.1 0. Roof treatments.
Words struck thra::gh are deleted, words underlined are added.
30
2.8.3.5.10.1. Purpose and intent. Variations in roof lines shall be used to add
interest to, and reduce the massing of buildings. Roof features shall be
in scale with the building's mass and complement the character of
adjoining and/or adjacent buildings and neighborhoods. Roofing
material should be constructed of durable high quality material in
order to enhance the appearance and attractiveness of the community.
The following standards identify appropriate roof treatments and
features.
2.8.3.5.10.2. Roof edge and parapet treatment. At a minimum of two locations, the
roof edge and/or parapet shall have a vertical change from the
dominant roof condition, a minimum of three feet. At least one such
change shall be located on a primary facade adjacent to a collector or
arterial right-of-way (see Iljustration 14 below). One additional roof
change must be provided for every 25,000 square foot increment over
fifty thousand square feet of ground floor space.
klO F-oo F C,ltA~(,.~Es
Mo'l' THIS
llhstratlon 14
2.8.3.5.10.3. Roofs shall meet at-4easH~the following requirements: (See
Iljustration 15 below)
(1) Parapets shall be used to conceal roof top equipment and flat
roofs;
(2) Where overhanging caves are used, overhangs shall be no less
than three two (2) feet beyond the supporting walls -,;'ilk e.
n:inimthm c.~:. cf ,el-hi :-~ Where overhangs are less than
two feet they shall be provided with a band or cornice, a
minimum of eight inches under the soffit at the wall.
(3) f I _, ......... : .... c~.,,~ t~
Th-~ C:' l~,,Cre rCC 2, C~,e 1-' .....1-"-" Y ......] ......v-,,-,-
Illuatraticn ~ ~ ~,A ....~ Facia shall be a minimum of eight
inches:
Words ...... b *~' .....~' are deleted, words underlined are added.
31
THe oF metal as the domin~t roof material
MOT THI
Iljustration IS
2.8.3.5.10.4. Prohibited roof types and materials. The following types of materials
are prohibited:
(1) Asphalt shingles, except laminated, 320 pound, 30 year
architectural grade asphalt shingles or better;
(2) Mansard roofs and canopies without a minimum vertical
distance of eight feet and at an angle not less than 25 degrees,
and not greater than 70 degrees;
(3) Roofs utilizing less than or equal to a two to 12 pitch unless
utilizing full parapet coverage; and
(4) Back-lit awnings used as a mansard or canopy roof.
2.8.3.5.11. Entryways/customer entrance treatments.
Words ......~ *~' .....~' are deleted, words underlined are added·
32
2.8.3.5.11.1. Purpose and intent. Entryway design elements and variations are
intended to give protection from the sun: sun and adverse weather
conditions. These elements are to be integrated into a comprehensive
design style for the project.
2.8.3.5.11.2. Entryways/customer entrance standards. These standards identify
appropriate entry features.
2.8.3.5.11.2.1. Single use buildings. Single use buildings shall have clearly defined,
highly visible customer entrances which shall include the following:
(a) An outdoor patio area adjacent to the customer entrance, a
minimum of 200 square feet in area which incorporates the
following:
(1) benches or other seating components;
(2) decorative landscape planters or wing walls which
incorporate landscaped areas; and
(3) structural or vegetative shading.
front entry shall be set back from the drive a minimum
distance of fifteen (15) feet.
2.8.3.5.11.2.2. Multiple use buildings andprojects. Multi-use structures shall include
the following:
(1) Anchor tenants shall provide clearly defined, highly visible
customer entrances.
(2) A provision for intermittent shaded outdoor community space
at a minimum of one percent of the total gross floor area of the
building or commercial project. Said community space shall
be located off or adjacent to the circulation path of the
complex or main structure and shall incorporate benches or
other seating components.
(3) A front entry_ shall be set back from the drive a minimum of
fifteen (15) feet.
2.8.3.5.1 2. Materials and color.
2.8.3.5.12.1. Purpose and intent. Exterior building colors and materials contribute
significantly to the visual impact of a building on the community.
They shall be well-designed and integrated into a comprehensive
design style for the project.
2.8.3.5.12.2. Exterior building materials standards.
2.8.3.5.12.2.1. Predominant exterior building materials shall include, but are not
limited to:
(1) Stucco;
(2) Brick;
(3) Tinted, textured, other than smooth or ribbed, concrete masonry
units; or
(4) Stone, excluding an ashlar or rubble construction look.
Words ...... t, ,~, .....h are deleted, words underlined are added.
33
2.8.3.5.12.2.2. Predominant exterior building materials that are prohibited include:
(1) Plastic siding;
(2) Corrugated or reflective metal panels;
(3) Tile;
(4) Smooth or rib faced concrete block; and
(5) Applied stone in an ashlar or rubble look.
2.8.3.5.12.2.3. Automotive and other special type service buildings may utilize
prefabricated metal buildings under the following conditions:
(1) Metal buildings are more than 250 feet from any right-of-way;
Metal buildings are located directly behind the main
showroom/sales center so as not to be a dominant facade along
the street;
No more than twenty (20) percent of the building can be
situated beyond the main auto sales center and showroom.
2.8.3.5.12.3. Predominant exterior color(s).
2.8.3.5.12.3.1. The use of black: o~ gray, fluorescent, primary and/or secondary
colors is prohibited as the predominant exterior building or roof
color(s). Earth-tone colors are encouraged.
2.8.3.5.12.4. Building trim color(s).
2.8.3.5.12.4.1. Building trim and accent areas may feature any color(s), limited to ten
percent of the affected facade segment, with a maximum trim height
of 24 inches total for its shortest distance.
2.8.3.5.12.4.2. Neon or neon type tubing shall be permitted as provided for in
sections 2.5.6.21. and 2.5.6.22. of this code. An approved lighting
plan consistent with the provisions of section 2.5.8.1.5.2. of this code
shall be provided.
2.8.3.6. Signage.
2.8.3.6.1. Purpose and intent. Signs are intended to be designed to complement
rather than detract from the visual impact of a commercial
development by utilizing design elements consistent with those
employed in the structure's architecture and by minimizing conflicts
with on-site landscaping areas and vehicular use areas.
2.8.3.6.2. Development standards. In addition to the provisions set forth in
division 2.5., of this code, the following standards shall apply.
2.8.3.6.2.1. Unified sign plan. Where multiple on-premise signs are proposed for
a single site or project, or in the case of a shopping center or multi-use
building, a unified signage plan shall be employed. An application for
site development or site improvement plan approval shall be
accompanied by a graphic and narrative representation of the unified
signage plan to be utilized on the site. The unified sign plan may be
amended and resubmitted for approval to reflect style changes or
Words ..... ~' *~ .....g are deleted, words underlined are added.
34
changing tenant needs. Design elements which shall be addressed in
both graphic and narrative form include:
(a) adherence with the provisions of division 2.5. of this code;
(b) colors;
(c) construction materials and method;
(d) architectural design;
(e) illumination method;
(t°) copy style;
(g) sign type(s) and location(s); and,
(h) in the case of multi-use buildings, and parcels with multiple
structures on site, including outparcels, the unified sign plan
shall indicate conformance with the following:
(1) No wall sign shall exceed 80 percent of the width of
the unit(s) occupied by a business with a minimum of
ten percent clear area on each outer edge of the unit(s);
(2) All wall signs for multi-use buildings shall be located
at a consistent location on the building facade, except
that anchor tenants may vary from this locational
requirement in scale with the anchor's larger primary
facade dimensions. All signs shall adhere to the
dimensions provided for in the unified signage plan;
and
(3) Pole signs shall provide a pole cover with architectural
design features, including colors and/or materials
common to those used in the design of the building the
sign is accessory to. A minimum 100 square foot
planting area shall be provided around the base of any
ground or pole sign, consistent with the provisions of
division 2.5. of this code (see Iljustration 16 below).
Words atruck t.h. reug.h. are deleted, words underlined are added.
35
Iljustration 16
2.8.3.6.2.2. Outparcels. In addition to the above requirements, unified sign plans
for outparcels, regardless of the size of the outparcel, shall be limited
to the following:
(a) a wall sign for any facade adjacent to a public right-of-way
and a wall sign for any facade facing the main commercial
center, not to exceed a maximum of two wall signs for any
single use; and,
(b) a single ground or pole sign not to exceed 60 square feet. Pole
signs shall be limited to 15 feet in height.
2.8.3.6.2.3. Building permit requests. Requests for building permits for permanent
on-premise signs shall adhere to the unified signage plan, which shall
be kept on file in the community development and environmental
services division. Requests to permit a new sign, or to relocate,
replace or structurally alter an existing sign shall be accompanied by a
unified sign plan for the building or project the sign is accessory to.
Existing permitted signs may remain in place; however, all future
requests for permits, whether for a new sign, or relocation, alteration,
or replacement of an existing sign, shall adhere to the unified sign
plan for the property.
2.8.3.7. Landscaping. In addition to the requirements of section 2.4,
"Landscaping and Buffering" the following requirements shall apply.
2.8.3.7.1. Purpose and intent. To provide enhanced landscaping within the
vehicular and pedestrian use areas of large commercial buildings and
projects. Such landscaping is intended to enhance the visual
experience of the motoring and pedestrian public, commonly referred
to as the "streetscape", while adhering to the purpose and intent set
forth in division 2.4. of this code. Landscaping should be used to
enhance and complement the site design and building architecture.
Words ...... "*~' .....~' are deleted, words underlined are added.
' 36
2.8.3.7.2. Landscaping. The following requirements, with the exception of
building perimeter plantings, shall be counted toward the required
greenspace and open space requirements of division 2.4. of this code.
1. At time of planting, trees in vehicular use areas shall be a
minimum of 12 to 14 feet height with a six-foot spread and a
two and one-half inch caliper and shall have a clear trunk area
to a height of seven feet.
2. The first row of landscape islands located closest to the
A building from and sides shall be landscaped with trees, palms,
shrubs and groundcovers and shall have a clear trunk area to a
height of seven feet (see Iljustration 17 below).
F-IR6T t4t -x.
Iljustration 17
). Tree and lighting locations shall be designed so as not to
conflict with one another (see Iljustration 18 below).
Words struck "' ..... "are deleted, words underlined are added.
37
0o '6
eot,4PA'TtPLb 't'~~~
lll~lr-lien 18
2.8.3.7.3. Locational requirements for building perimeter plantings as required
by section 2. 4. 6. 5. of this code .'
1. Perimeter landscape planrings shall be located adjacent to the
primary building facade, including building entrance areas, plazas,
and courtyards. These areas shall be landscaped with any
combination of trees, palms, shrubs and ground covers (see
Iljustrations 19 and 20 below).
Words .....
............. ~,.. are deleted, words underlined are added.
38
Iljustration 19
........ O C ..........
Words s:,'",:~,!: t~rc::gE are deleted, words underlined are added.
39
2. Building perimeters shall include plantings at a ratio of 100
square feet of planters per 1,000 square feet of building ground
floor area. Planters shall either be raised or at ground level and
be a minimum of ten feet wide. Seating courtyards, eating
areas and plazas may be incorporated within them (see
Iljustration 21 below).
IEbbllL---t~tNCb P'P---.f-.IPIF~-q'p_..F_ PLANTtbV_,e~
Iljustration 21
2.8.3.7.4. Natural and manmade bodies of water including wet and drl2
retention areas (exceeding twelve (12) feet in width).
The shape of a manmade body of water, including wet and dry
retention areas, shall be designed to appear natural by having off-sets
in the edge alignment that are a minimum of ten feet and spaced 50
feet apart. All bodies of water, including wet and dry retention areas,
exceeding 20,000 square feet in area, and which are located adjacent
to a public right-of-way, shall 1~ incorporate into the
overall design of the project in at least one tw9 (2) of the following
~vays items: (see Iljustration 22 below).
Words struck t~rau~.h. are deleted, words underlined are added.
40
llluslrat~n 22
1. ~ A five-foot wide walkway with trees an average of
50 feet on center and shaded benches a minimum of six feet in
length or picnic tables with one located every 150 feet.
2. ~ A public access pier with covered structure and
seating.
3. P-r-ov4~te-an An intermittent shaded plaza/courtyard, a
minimum of 200 square feet in area, with benches and/or
picnic tables adjacent to the water body.
4_. A permanent fountain structure.
See. 2.8.4. Architectural and site design standards and guidelines for
commercial buildings and projects under 20,000 square feet in
size.
2.8.4.1. L igh ting.
2.8.4. I.I. Purpose and intent. Commercial buildings and projects, including
their outparcels shall be designed to provide safe, convenient, and
efficient lighting for pedestrians and vehicles. Lighting shall be
designed in a consistent and coordinated manner for the entire site.
The lighting and lighting fixtures shall be integrated and designed so
as to enhance the visual impact of the project on the community
and/or should be designed to blends into the surrounding landscape.
2.8.4.1.2. Shielding standards. Lighting shall be designed so as to prevent direct
glare, light spillage and hazardous interference with automotive and
pedestrian traffic on adjacent streets and all adjacent properties.
Words 6, ....P *~ .....~ are deleted, words underlined are added.
41
2.8.4.1.3. Fixture height standards. Lighting fixtures shall be a minimum of 30
feet in height within the parking lot and shall be a maximum of 15
feet in height within non-vehicular pedestrian areas (see Iljustration
23 below).
~fs ~
//\\
Iljustration 23
2.8.4.1.4. Design standards. Lighting shall be used to provide safety while
accent key architectural elements and/or to emphasize landscape
features. Light fixtures shall be designed as an integral design element
that complements the design of the project through style, material or
color (excluding florescent and primary/secondary colors) and shall
be designed to blend into the landscape thro.ugh the use of dark colors.
Mill finish is not permitted.
faci!itic: ~ ~'~' ....... ;~ r...~,; ....... Service Function Areas
(SFA) including but not limited to loading, storage, mechanical
equipment, and solid waste disposal.
2.8.4.2.1. Purpose and intent. To diminish, in a safe manner, the visual impacts
of se~ice ~nctions that may distract or have a negative impact on the
streetscape, l~dscape an~or the overall community image.
2.8.4.2.2. Buffering and screening standar&. In accordance with the provisions
of division 2.6. of this code, loading ~eas or docks, outdoor storage,
trash collection, mech~ical equipment trash compaction, vehicul~
storage, recycling, roof top equipment ~d other se~ice letion areas
shall be fully screened and out of view from adjacent properties at
ground view level ~d in view of roadway co~idors. ~
2.8.4.2.3. Materials and &sign standards. Screening material and design shall
be consistent with design treatments of the prima~ facades of the
commercial building or project and the landscape plan.
2.8.4.2.3.1. Fencing standar&: Chain link ~d wood fencing are prohibited fo~d of
· e prim~ facade and must be a minimum of one hundred (100) feet from a
public right-of-way. Chain li~ ~d wood fencing facing a public right-of-
Words struck thraugb are deleted, words underlined are added. I
42
Way shall provide at minimum an irrigated hedge directly in front of the fence
on the side of the right-of-way. Plant material shall be a minimum of three
gallons and planted three feet on center at time of installation. This plant
material shall be maintained at a minimum of three quarter the height of the
fencing. (See Iljustration 6.1 )
Fencing forward of the primary_ facade is permitted under the following
conditions:
1_1 Fence does not exceed four (4) feet feet in height.
2_.l The fencing provides either an open view at a minimum of
twenty five percent of its length or provides variation in its
height for a minimum of fifteen percent of it length with a
deviation of at least twelve (12) inches.
3_.1 The fence style must complement the building style through
material, color and/or design.
2.8.4.2.4. Drive-through window standards. Drive-through windows and lanes
shall be designed to adhere to the following standards:
1. Drive-through windows shall not be placed between the right-
of-way of a primary collector or arterial roadway and the
associated building, unless the vegetation required for a Type
"B" landscape buffer is installed within the buffer width
required for the project and maintained along the entire length
of the drive-through lane between the drive through lane and
the adjacent right-of-way. As an alternative to the vegetative
buffer referenced above, a permanent covered porte-cochere
type structure, other than awning/canvas type structure(s), may
be installed, extending the width of the drive-through and
covering the service window(s). Such structure shall be
integrated structurally and architecturally into the design of the
building.
2. Only a single drive-through ~ facility is permitted m,aess
asso ate
k~+,,r,~,, +k,
lar, a,.aca_ed ,,,:a,
r ........... , v ......, .........groundco;'era,
2.8.4.3. Pedestrian walkways.
2.8.4.3.1. Purpose and intent. To provide safe opportunities for alternative
modes of transportation by connecting with existing and future
pedestrian and bicycle pathways within the county and to provide safe
passage from the public right-of-way to the commercial building or
project, and between alternative modes of transportation.
2.8.4.3.2. Pedestrian access standards. Pedestrian ways, linkages and paths
shall be provided from the building entry(s) to surrounding streets,
external sidewalks, and outparcels. Pedestrian ways shall be designed
to provide access between parking areas and the building entrance(s)
in a coordinated and safe manner. Pedestrian ways may be
incorporated within a required landscape perimeter buffer, provided
said buffer is not less than ten feet in width on average. Shared
Words struck thmu"h are deleted, words underlined are added.
' 43
pedestrian walkways are encouraged between adjacent commercial
projects.
2.8.4.3.3. Minimum ratios. Pedestrian ways shall be provided at a minimum ratio of
one for each _.,~,u .... h;,,,.~ .... · ..... · .... ;~, ,~wn.,n_,~; ........ ,~
parcel.
2.8.4.3.4. Minimum dimensions. Pedestrian walkways shall be a minimum of
five feet wide.
2.8.4.3.5. Materials. Pedestrian walkways shall be consistent with the
provisions of section 4.5 of the Americans with Disabilities Act
(ADA) Accessibility Guidelines. Materials may include specialty
pavers, concrete, colored concrete or stamped pattern concrete.
2.8.4.3.6. Pedestrian crosswalks at building perimeter. Building perimeter crosswalks
shall be designed and coordinated to move people safely to and from
buildings and parking areas by identifying pedestrian crossings with signage
and variations in pavement materials or markings.
2.8.4.3.7. Shade pedestrian walkways shall provide intermittent shaded areas when the
walkway exceeds 100 linear feet in length at a minimum ratio of 100 square
feet of shaded area per every 100 linear feet of walkway. Shade structures
may be natural, manmade or a combination of both.
2.8.4.4. Building design.
2.8.4.4.1. Purpose and intent. To maintain and enhance the attractiveness of the
streetscape and the existing architectural design of the community.
Buildings shall have architectural features and patterns that provide
visual interest from the perspective of the pedestrian; reduce massing
aesthetic; recognize local character; and be site responsive. Facades
shall be designed to reduce the mass/scale and uniform monolithic
appearance of large unadorned walls, while providing visual interest
that will be consistent with the community's identity and character
through the use of detail and scale. Articulation is accomplished by
varying the buildings mass in height and width so that it appears to be
divided into distinct massing elements and details that can be
perceived at the scale of the pedestrian (see Iljustration 24 below).
Words struck ,h .....h are deleted, words underlined are added.
44
EL F,,VAT I o
IHustration 24
Comer lots at an intersection of two or more arterials or major collector roads
shall be designed to emphasize their location. Buildings and structures on
comer lots shall be designed with additional architectural embellishments
such as comer towers, or other such design features, to emphasize their
location as gateways and transition points within the community.
2.8.4.4.2. Building Orientation standards. At !~,r,t t'::.~ F-'4-ma-~' f-,,c~-_d_~a .~n b'.:ildL".ge
Building facades facing a public street between 5,000 square feet and 19,999
square feet in gross building area shall have two of the followins:
Windows at a minimum of 33 ereent of the affected facade.
2_. Covered ublic ent with a minimum of 20 ercent of the
Wall space devoted to windows..:
3. Covered walkwa excludin canvas t e unless rovided
with six 6 inch columns or better attached to the buildin at a
I
Words e~ are deleted, words underline_,_ d are added.
45
minimum of six (6) feet wide with a 50 percent minimum
coverage for the affected facade.
either ...;,,A ......, ..... "~'~ *~'"" ~'~ ...... * of their
~ For buildings less than 5,000 square feet in area,
facades facing a public street shall have one of the following:
1_=. Windows at a minimum of 25 percent of the affected facade.
2_ Covered public cnt~ with a minimum of 20 percent of the
wall space devoted to windows.
2.8.4.4.3. Facade/wall height transition. New developments that arc located
within 300 feet of an existing building, and arc more than twice the
height of any existing building within 300 feet shall provide
transitional messing elements to transition between the existing
buildings of lower height within 300 feet, and the proposed
development. The transitional massing element can be no more than
100 percent taller than the average height of the adjacent buildings
(see Iljustration 25 below).
NoT THi~
Iljustration 25
2.8.4.4.4. Facade standards. All primary facades of a building shall be designed
with consistent architectural style and detail and trim features.
Words struck ,4, ..... ~' arc deleted, words underlined are added.
46
Facades attached to a primary facade shall incorporate features of the
primary facade for a minimum of 33 percent of the overall wall length
measured from the attached primary facade. In the case of outparcel
buildings, all exterior facades shall adhere to the requirements of this
division with respect to architectural design treatments for primary
facades.
2.8.4.4.5. Massing standards. Exterior facades shall be designed to employ the
following design treatments:
(1) No horizontal length, or uninterrupted curve, of the ground
floor of any primary facade, for buildings between 10,000 and
19,999 square feet in gross building area, shall exceed 50 feet,
with the maximum being 80 feet for arcades~. Projections and
recesses shall have a minimum depth of two (2) feet and a
minimum total width of 20 percent of the facade b'-'-t with
varied lengths ar~t~ml~. For buildings under 10,000
square feet, no horizontal length, or uninterrupted curve, of
any primary facade shall exceed 35 feet, with the maximum
being 60 feet for arcades~. Projections and recesses shall have
a minimum depth of one (1) foot and a minimum total width
of 20 percent of the facade but with varied lengths. ar-o
alesir-abe. Projecticna n.,~ recess, ca ~h,.n ~, .... a minimum
A.ar.,k ~f';.;_k~ ;~.k .... A .-...¢,;~; ....... ;A,k ~,,f~A ;.^k~..
All
buildings shall provide a minimum of one offset per public
street or navigable waterway.
(2) For buildings between ~ rmr~ 10,000 square feet and 19,999
square feet in gross building area, exterior wall planes shall
not constitute more than 50 percent of each affected ground
floor facade over 30 feet. The wall plane shall be measured at
one foot off the exterior wall surface on each side of the wall.
(3) Primary facades on the ground floor for buildings between
5,000 square feet and 19,999 square feet in gross building area
shall have arcades a minimum of six feet clear in width,
display windows, entry areas, or other such features along no
less than 33 percent of the horizontal length for each primary
facade. Awnings are ~-~ha6x~--fi~m included in this
calculation at 1.5 times the window width uv, toss when
associated with windows/doors in increments less than ten
feet.
2.8.4.4.5.1. Window standards.' Windows shall not be false or applied.
2.8.4.4.5.2. Awning Standards.' These standards apply to awnings associated and
attached to a building/structure). (see Iljustration 8.1 )
Mansard awnings which are awnings that are more than 90% of a
facade or those that connect two facades shall adhere to all roof
standards of section 2.8 of this code.
Other awnings which are awnings th.a..t constitute less than 90% of a
facade and which do not provide a connection between facades shall
adhere to the following standards:
a) Awnings may be backlit provided the illuminated portion of
the awning with graphics doe. .s. not exceed the size limitations
and standards of this code.
Words ...... ~..h .....h
............. ~,.. are deleted, words underlined are added.
47
b) Automobile sales parking lot awnings: Shade awnings may be
erected in automobile sales parking lots subject to the
following requirements and standards:
a) No shade awning structure shall be constructed within
seventy-five (75) feet of any public or private street.
b) No one shade awning structure may exceed an area
sufficient to provide cover for more than twenty (20)
automobiles.
c) The minimum separation between awning shade
structures shall be one hundred (100) feet.
d) Multi-colored shade awning structures are prohibited
and the use of black, gray, florescent, primary_ and/or
secondary colors is prohibited. Earth-tone colors are
encouraged.
2.8.4.4.5.3. Overhead doors: Overhead doors facing one another may be treated
as interior space provide that the buildings meet all other requirements
of section 2.8 of the code. (See Iljustration 8.2)
2.8.4.4.6. Project standards. Both single and multi-use buildings and projects
shall also be required to provide a minimum of hhr-~ fo..ur of the
following building design treatments (see Iljustration 26 below).
(a) Canopies or porticos, integrated with the building's massing
and style;
(b) Overhangs, a minimum of three feet;
(c) Arcades, a minimum of six feet clear in width;
(d) Sculptured artwork;
(e) Raised comice ...... · ......'~ ....
~,,.~,, ............or building banding with a
minimum of two reliefs;
(f)Peaked roof forms;
(g)Arches;
(h)Display windows;
(i) Ornamental and structural architectural details, other than
cornices; which are integrated into the building structure and
overall design;
(j) Clock o~ bell towers or other such roof treatment (i.e. dormers,
belvederes, cupolas); or-;,
(k) Projected entry.
1.] Emphasized building base, a minimum of three feet high and a
minimum projection from the wall of two inches.
m.) Additional roof articulation above the minimum standards~ or
n) Any other treatment which, in the opinion of the planning
services director, meets the intent of this section;
Words ......~ .h .....h are deleted, words underlined are added.
48
f...LEEYATIO 1,4 6Ec-TtOlq,
otsr. tj,,,t,
EJ-.E.YAT|ol,4.
F-.,LF--..VATION, 5F..~Tlo14
Nr.~.
Iljustration 26
and one of the following site design elementsi.'
(a) Decorative landscape planters or planting areas, a minimum of
five feet wide, and areas for shaded seating consisting of a
minimum of 100 square feet;
(b) Integration of specialty pavers, or stamped concrete along the
buildings walkway. Said treatment shall constitute a minimum
of 60 percent of walkway area; ~
(c) Water element(s), a minimum of 150 square feet in area; or
(d) Two accent or Specimen trees (above the minimum landscape
requirements of the code) along the front facade with a
minimum height of eighteen feet at planting.
Words atruck thrcu',h are deleted, words underlined are added.
49
2.8.4.4.7. De tail feat ures.
2.8.4.4.7.1. Purpose and intent. The design elements in the following standards
shall be integral parts of the building's exterior facade and shall be
integrated into the overall architectural style. These elements shall not
consist solely of applied graphics, or paint.
2.8.4.4.7.2. Blank wall areas. Blank wall areas shall not exceed ten feet in the
vertical direction nor 20 feet in the horizontal direction of a::~,' facade,
any primary_ facade. For facades connected to a primary_ facade this
shall apply to a minimum of thirty three percent of the attached facade
and measured for the connection (Gcontrol and expansion joints
within this area shall constitute blank wall area unless used as a
decorative pattern and spaced at intervals of six feet or less. Relief and
reveal work depth must be a minimum of one-half inch (see
Iljustration 27 below). Blank wall area may utilize landscaping to
assist in reducing the blank wall area, but the landscaping shall not be
in lieu of architectural treatment. (See Iljustration 12.1 )
Iljustration 27
2.8.4.4.7.3. Repeating facade treatments. Building facades shall include a
repeating pattern and shall include no less than twe, three of the design
elements listed below. At least one of these design elements shall
repeat horizontally. All design elements shall repeat at intervals of no
more than 25 feet, ~ horizontally o~ and a maximum of 15 feet
vertically.
1. Color change;
2. Texture change;
3. Material module change;
Words ...... u, t.u. rc, u h
....... g are deleted, words underlined are added.
50
4. Expression of architectural or structural bays, through a
change in plane of no less than 12 inches in width, such as a
reveal, an offset, or a projecting rib (see Iljustration 28
below.):
RE. VE. AL,~
Iljustration 28
5. Architectural banding;
6. Building setbacks or projections, a minimum of three feet in
width, on upper level(s); or,
7. Pattern change.
2.8.4.4.8. Outparcels.
2.8.4.4.8.1. Purpose and intent. To provide unified architectural design and site
planning between outparcels and the main structure on site in order to
enhance the visual experience for the vehicular and pedestrian public,
and to provide for safe and convenient vehicular and pedestrian access
and movement within the site.
2.8.4.4.8.2. Outparcel design. All exterior facades of an outparcel building shall
be considered primary facades and shall employ architectural, site,
and landscaping design elements which are integrated with and
common to those used on the primary structure on site. These
common design elements shall include colors and materials associated
with the main structure. When the use of common wall, side by side
development occurs, continuity of facades and consolidated parking
for several businesses on one parking lot may be used. Outparcels that
are adjacent to each other are encouraged provide for vehicular
connection between parking lots and provide for pedestrian
interconnection. Outparcels shall be designed and integrated with the
main project.
2.8.4.4.9. Roof treatments.
2.8.4.4.9.1. Purpose and intent. Variations in roof lines shall be used to add
interest to, and reduce the massing of buildings. Roof features shall be
in scale with the building's mass and complement the character of
adjoining and/or adjacent buildings and neighborhoods. Roofing
material should be constructed of durable high quality material in
order to enhance the appearance and attractiveness of the community.
The following standards identify appropriate roof treatments and
features.
Words atru~,.b- +h .....~' are deleted, words underlined are added.
51
2.8.4.4.9.2. Roof edge and parapet treatment. At a minimum of two locations, the
roof edge and/or parapet shall have a vertical change from the
dominant roof condition, a minimum of ~ two feet. At least one
such change shall be located on a primary facade adjacent to a
collector or arterial right-of-way (see Iljustration 29 below).
Iljustration 29
2.8.4.4.9.3. Roofs shall meet ~the following requirements:
(1) Parapets shall be used to conceal roof top equipment and flat
roofs;
(2) Where overhanging eaves are used, overhangs shall be no less
than three two (2) feet beyond the supporting walls: with a
...;..; ....c~,.;~ ~c c..,~ :.~.~. Where overhangs are less than
two feet they shall be provided with a band or cornice, a
minimum of eight inches, under the soffit at the wall.
(3) Facia shall be a minimum of eight inches. T~, ............ c
slope "' ......... : ....c.,,~A~ (see Iljustration 30 below);
(4) ~1,--: ..... ,e .... h;~t, A^ .~+ ...... A +~, ......... i,~:~h+ ,.,,e+~,,~
,;~ c ........... c~, ,~c~,~,;~,-~ ..... Tile or metal roof as
the dominant roof material.
Words struck *~' .....u are deleted, words underlined are added.
52
I IULTI-PL 4E
MOT THI
liluslralion 30
2.8.4.4.9.4. Prohibited roof types and materials. The following types of materials
are prohibited:
(1) Asphalt shingles, except laminated, 320 pound, 30 year
architectural grade asphalt shingles or better;
(2) Mansard roofs and canopies without a minimum vertical
distance of six feet and at an angle not less than 25 degrees,
and not greater than 70 degrees;
(3) Roofs utilizing less than or equal to a two to 12 pitch unless
utilizing full parapet coverage; and
(4) Back-lit awnings used as a mansard or canopy roof.
2.8.4.4.10. Entryways/customer entrance treatments.
2.8.4.4.10.1. Purpose and intent. Entryway design elements and variations are
intended to give protection from the sun and adverse weather
conditions. These elements are to be integrated into a comprehensive
design style for the project.
2.8.4.4.10.2. Entryways/customer entrance standards. These standards identify
appropriate entry features.
2.8.4.4.10.2.1. Single use buildings. Single occupancy use buildings between 10,000
square feet and 19,999 square feet in area shall have clearly defined,
highly visible customer entrances which shall include the following:
Words .....~' 'h .....u are deleted, words underlined are added.
53
(a) An outdoor patio area adjacent to the customer entrance, a
minimum of 50 square feet in area and which incorporates two
of the following:
(1) Benches or other seating components;
(2) A provision for intermittent shaded oredoor
community space at a minimum of one percent of the
total gross floor area of the building or commercial
project. Said community space shall be located off or
adjacent to the circulation path of the complex or main
structure and shall incorporate benches or other seating
components.
(b) Front entry_ shall be set back from the drive a minimum of
fifteen (15) feet.
2.8.4.4.11. Miscellaneous structures.
2.8.4.4.11.1. Outside play structures. Outside play structures shall not exceed 50
percent of coverage along the affected facade. No portion of any play
structure located between the from building line and any adjacent
right-of-way shall exceed a height of 12 feet as measured from
existing ground elevation. In all other cases, no portion of any play
structure shall exceed a maximum height of 16 feet as measured from
existing ground elevation. Play structures shall be limited to earthtone
colors, with a maximum of three color variations.
2.8.4.5. Materials and color.
2.8.4.5.1. Purpose and intent. Exterior building colors and materials comribute
significantly to the visual impact of a building on the community.
They shall be well-designed and integrated into a comprehensive
design style for the project.
2.8.4.5.2. Exterior building materials standards.
2.8.4.5.2.1. Predominant exterior building materials shall include, but are not
limited to:
(1) Stucco;
(2) Brick;
(3) Tinted, textured, other than smooth or ribbed, concrete
masonry units; or
(4) Stone, excluding an ashlar or rubble construction look.
2.8.4.5.2.2. Predominant exterior building material that are prohibited include:
.... (1) Plastic sidingl, unless associated with Florida cracker style and
utilizes trim with a minimum of six (6) inches for its lengthl
(2) Corrugated or reflective metal panels;
(3) Tile;
(4) Smooth or rib faced concrete block; and
(5) Applied stone in an ashlar or rubble look.
Words atruc!: t.u. reug.u. are deleted, words underlined are added.
54
2.8.4.5.2.3. Automotive and other special type service buildings may utilize
prefabricated metal buildings under the following conditions.
(1) Metal buildings are more than two hundred and fifty feet from
any right-of-way;
(2) Metal buildings are located directly behind the main
showroom/sales center so as not to be a dominant facade along
the street;
No more than twenty percent of the building can be beyond
the main auto sales center and showroom.
2.8.4.5.2.3. Predominant exterior color(s).
2.8.4.5.2.3.1. The use of black. ~rav. o~ ~uoreseent, primary and/or secondary_
colors is prohibited as the predominant exterior building or roof
color(s). Earth-tone colors are encouraged.
2.8.4.5.2.4. Building trim color(s).
2.8.4.5.2.4.1. Building trim and accent areas may feature any color(s), limited to ten
percent of the affected facade segment, with a maximum trim height
of 24 inches total for its shortest distance.
2.8.4.5.2.4.2. Neon or neon type tubing shall be permitted as provided for in
sections 2.5.6.21. and 2.5.6.22. of this code. An approved lighting
plan consistent with the provisions of section 2.5.8.1.5.2. of this code
shall be provided.
2.8.4.6. Signage. The provisions of section 2.8.3.6. shall also apply to
commercial buildings and projects with less than 20,000 square feet
of building area.
2.8.4.7. Natural and manmade bodies of water (including retention areas
exceeding twelve (12) feet in width).
2.8.4.7.1. The shape of a manmade body of water, including wet and dry
retention areas, shall be designed to appear natural by having off-sets
in the edge alignment that are a minimum often feet and spaced 50
feet apart. Natural and manmade bodies of water, including wet and
dry retention areas, exceeding 20,000 square feet in area, and which
are located adjacent to a public right-of-way, shall be i~
incorporate into the overall design of the project in at least one two (2)
of the following v/ays items (see Iljustration 31 below):
Words strut2: t.h. rc, ug.h. are deleted, words underlined are added.
55
O ~ lOCI
Ioo +
O+ ~ - ~0
r'- I I I I i " I -I-
Iljustration 31
1. Provia;.ng a A minimum of five-foot wide walkway with trees
an average of 50 feet on center and shaded minimum of six-
foot long benches or picnic tables every 150 linear feet.
2. D ....;,~;,,,~
......... ~ a A public access pier with covered structure and
seating.
3. Pr~,v:,aing a A plaza/courtyard, 200 square feet minimum, with
shaded benches and/or picnic tables adjacent to the water
body.
4= Permanent fountain structure.
SUBSECTION 3.G: AMENDMENTS TO SUBDIVISIONS DIVISION
Division 3.2. Subdivisions, of Ordinance 91-102, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
DIVISION 3.2. SUBDIVISIONS
3.2.8.4.8. Fire hydrants. All hydrants shall be connected to water systems
having sufficient storage or emergency pumping facilities to provide
for the minimum fire flows to be maintained for at least four hours or
the current recommendation of the Nationa! Fire Underwirtera Fire.
Suppression Rating of the Insurance Services Office, whichever is
greater. Hydrants shall be placed on common lot lines within the
approved right-of-way unless greater otherwise approved by the
development services director pursuant to section 3.2.7.2.
Words atruzk +u .....h
...... ~,.. are deleted, words .underlined are added.
56
Hydrants shall be installed and placed in a manner complying with the
requirements set forth in the latest edition of NFPA No. 24 entitled
"Standard for the Installation of Private Fire Service Mains and Their
Appurtenances," published by the National Fire Protection
Association. Hydrants to be installed within subdivided lots for fire
protection purposes shall be evaluated during the site development
plan review process as required in division 3.3. Those installations
shall be in compliance with the standards set forth in the latest edition
of NFPA 1141 entitled "Standard for Fire Protection in Planned
Building Grounds Groups."
1. Residential land development. In one and two-family ste~
land developments with not more than ten dwelling units per
acre, fire hydrants shall be spaced not greater than 500 feet
apart and not more than 250 feet from the center of any lot in
the subdivision and shall be connected to mains no less than
six inches in diameter. The system shall provide capacity for
fire flows of at least 500 gallons per minute or greater, as
required by the Fire Suppression Rating Schedule of the
Insurance Services Office, in addition to maximum day
domestic requirements at residual pressures of not less than 20
pounds per square inch unless otherwise required by the
applicable fire code.
2. Commercial, industrial, ~..t,;o, .... and multifamily developments.
Fire hydrants located in these areas shall be connected to water
mains no less than eight inches in diameter. In no case shall the
spacing of hydrants be greater than 500 feet apart and not more than
250 feet from the center of any lot in the subdivision. Hydrant
spacing and size shall be capable of providing water flows adequate
to meet the requirements of the Fire Suppression Rating Schedule of
the In Services Office c~. ,h ............. ~.oo;~.,; ....
surance ............ r,----,: .................
shall the flow be less than 750 gallons per minute with the residual
pressure of 20 pounds per square inch at the most remote point of
discharge.
SUBSECTION 3,H: AMENDMENTS TO SITE DEVELOPMENT PLANS DIVISION
Division 3.3., Site Development Plans, of Ordinance 91-102, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
DIVISION 3.3. SITE DEVELOPMENT PLANS
Words str,:'ck *~' .....u are deleted, words underlined are added.
57
ill
Words attack thrcu-h are deleted, words underlined are added.
58
Words stru;k through are deleted, words underlined are added.
59
2.2.~ A .2. Sitc .~vcl~F,,~cnt FI=n. Ask= d=v:lcpm:n~ FInn Fr=F=:d cn
i Lccatlcn ..A ...... , .._~ .....+:__ ~C.,, ....+ ....A A..:
.... 11 ~o nil ~;~+; .... A ....... A ....... +~ ~.A ,,,~, .... A
Words stmzk :h~augh are deleted, words underlined are added.
60
/1 \ A I1 k..;IA; ....
(3) "';'"" ~ ~" ;"+~-~'
[A% A !i ,,~,i.; ......... A A,; .... 1,.1.~,.
(5) T ~_.4 ...........a; ...., ,~ .u .,.:.~;.,.,b,,. a,-; ....;--,.--; .........+.. :: .....A ,-., .,.,,.t-;,,,
.,..l~...-.;ff~A ...;+k .1-, .... I;.-.-,;.-, .... /~ ~;.~'X ~I~D ~____1;~,'..;~. A~__;~+;...k~ fall ....
,.- 1/~ ;-.,~,',k o';fa ~'+; .... !., .... 1____ ,,~ln+;,",,,,'..k;,.~ +~ ~A; .... + ~+ .... + .... o.
D ....... +~,;.-, .... A~ +!., ...... k~ii 1.,~,..,~ ~.',.,A:+;,-,,,~ ~4~ ........ ! A,~k:+~+,,,.,,1
;,,,-h,A,~ ,k, fall ....
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'~ '~ ~ A A ,/._.,.,:..: ....., ....^ ......U..A .....,,,;__: .....+ ....C+~, ......"+" hall b
l,.,l.,-,~,~ 3C
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1. U-la~.d .... +l~.A .-._A .~.+.....-; ....... +..+;.-..., ;_~!..A; ..... +1 ...... +..+; ..... k;k;,.A 1..,
division ~ n .....A ...;__ cx, Tr, r~c +__;,,,,,
· .-,u,.lot-,~.~-,v~,u ,-v ,.-.,-,,v,. ivvu,.,~,,.,., ...,,, u.,.,.,~. l.,,vl.,,,~,,.J,
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........ ... ~,,, ,,~,,, ,-. '°"'6 ........ '~""" "" l"~""l''''''''''''''' "*'"""""'*'*'*"~ """ "" '
................. / ......................................................... rC ,
..... IA,A 4~, 1, +i., ...... ,+!., ......... + ~1 ..... ,,+ : ,e: , ,,1 ........ +1,^+ ^l,^,h, .'ll',,r,t,.nf,~n
Words ~* .... b +h .....u
............. ~,.. are deleted, words underlined are added.
61
Words ...... b throu-h
....... ~, are deleted, words underlined are added.
62
.... ;4P;,.~A A,,,-;,,~
") ~ A +~ "~,,1,,A;,,;o;,,,,' ,,k,-v,,lA k
dOE An ._A AFI~ A I U'I``,.;A, A
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T ..... ,'-,,,T-,;,,nl
50 c,,, ~, .....A
"""~"' """I """"""" 1''~
l:~a,-,,-.k,,.,,,,-I, 1~+;~__o ,~,.,A ~1 .... +;``,., FkT('!'TT'I~
Excavation pem.:ts ...vv
pc, rr'_,it r ...... + ........... ,
lnt~;~ ,,,nc,+ax.,rnta.~ n~Al~ __,~+a~ +~+~.__+ ~1~,+ ~,~+~.~+;~, ~ ;,+---:~
,-,,~AI,,,. ,'..,-;-,~+ .... all .... ;,~ __,.;``,- +~ k,,;IA; ..... ;, ....... ,,1
construe ca,
prcpzr .... b ............................... r
1 A II .a,, ..........
Words s:ru,~k "' ..... h are deleted, words underlined are added.
63
1 The prcjeet *;*' ...... "* .......... ,4,.1 ......,-! ,,l,:,,k .......
4 ti ,,,,,,,q ..... f; .... A A; .... ; .... f M1 'k,,;IA; .... A I,.-,t-; .......... +,.,
· LCCa On, ...... ~ ...................................... ~
internal · '-~';-:-
R. Lceat!cn ,.,,,A ,-.-,,-,~ ..... +;~, ~tr].,,,,.,A; ..... A _,.,,L-;,-,,-, ,c,~;!;+; .... A 1.,,,;IA; ........ ;k;1;+,,
11 I ~+;~. ,,,r ~_;~+; .... A ....... A ln_A .... ; ..... ;+1., ....
plan notstic addressing a, ...... ;,; ....c 0,,,:_, ,~ ,~ ,~-~
See. 3 3 6 e:,.. -.: .... : ..... + ..:._
,,~,.,,,=,.1 v, ,..,.,v v-.,,.~s,,J.
3.2.5.3. The rigtess .... e, .......... r-'-',-' ..........r ............. r-~'r ........
Words ;t=:ak a, ..... h are deleted, words underlined are added.
' 54
u,$.~.., .,.,,,..,,, ,, , ,.,aa~,=a-.a,,aa~,==,.~,
.... · 4~,4 +~ ,~4:'1~+ +1.,, ,'1, .... k,,+ -k,.,ll ,.,~+ 1., ...... ;,~A +,.-. 'f,-,ll,,,,, +k ..... ; ......... A ....
......... 3, F.O~%' ,.,.,.,..
~ ""' ' ~'~P ....... F aft.
....................... ~ .................... r .......F---- aFFrcval, the
Words atruck through are deleted, words underlined are added.
65
~KT~ k,,;i,-1; .... ,-,~,;+ .... ,-,;r,,~+~ ~,e ............ k~ll k~; ..... A ..... +; ..... i; ....... ;+k +1-,~
apprc; ................ ~, .......
J~r2J~m~n+ ~1~ oi.,.,11 ~.-..-.o,;+..+~
See. 3.3.1. Title and citation.
This division shall be known and may be cited as the" Collier County Site Development and
Site Improvement Plan Code."
See. 3.3.2. Purpose.
The intent of this division is to ensure compliance with the appropriate land development
regulations prior to the issuance of a building permit. This division is further intended to
ensure that the proposed development complies with fundamental planning and design
principles such as: consistency with the county's growth management plan; the layout,
arrangement of buildings, architectural design and open spaces; the configuration of the
traffic circulation system, including driveways, traffic calming devices, parking areas and
emergency access; the availability and capacity of drainage and utility facilities; and, overall
compatibility with adjacent development within the jurisdiction of Collier County and
consideration of natural resources and proposed impacts thereon.
See. 3.3.3. Applieabili[y.
All development, except as otherwise provided herein, is subject to the provisions of this
division. The provisions of this division shall not apply to the following land use activities
and represents the sole exceptions therefrom:
1 ) Single-family detached and two-family housing structure(s) on a lot(s) of record
except as otherwise provided at section 2.5.27 (cjuster development).
2) Underground construction; utilities, communications and similar underground
construction type activities.
3) Accessory and ancilla~_ facilities for a golf course such as restrooms, irrigation
systems, pumphouses where a preliminary work authorization has been entered into
with the County.
4) Construction trailers and storage of equipment and materials following issuance of a
building permit for the use to which said activities are a function of, except as
otherwise provided by section 2.6.33.
5) Model homes and sales centers, except as otherwise provided by section 2.6.33.
6) Project entryway signs, walls, gates and guardhouses.
While the above land use activities shall be exempt from the provisions of division 3.3, these
land use activities are subiect to all other provisions of the land development code such as
but not limited to landscaping, tree removal, development standards and the submission
requirements attendant to obtaining temporary use and building permits.
See. 3.3.4. Exemptions.
Due to its location or minimal impact on surrounding properties and probable minimal
impacts under the site development plan review standard contained ir~ ~ection 3.3.5.,
standard application requirements as described in section 3.3.6. may be waived in part or in
full by the Planning Services Director for agriculturally related development as identified in
the permitted and accessory uses section of the rural agricultural zoning district; however, a
site improvement plan as required by Section 3.3.7. addressing the application requirements
deemed necessary by the Planning Services Director shall be submitted to the planning
department for review and approval.
SECTION 3.3.5. Site Development and Site Improvement Plan standards.
Words ......
............. ~,.. are deleted, words underlined are added.
66
The planning services director shall review and consider all site improvement and site
development plans in accordance with the following standards:
3.3.5.1. Statements regarding ownership and control of the property and the
development as well as sufficiency of conditions regarding ownership and
control, use and permanent maintenance of common open space, common
facilities, conservation/preservation areas, or common lands to ensure the
preservation of such lands and facilities will not become a future liability of
the county.
3.3.5.2. Development compliance with all appropriate zoning regulations and the
growth management plan. The ingress and egress to the proposed
development and its proposed improvements, vehicular and pedestrian safety,
separation of vehicular traffic from pedestrian and other traffic, traffic flow
and control, traffic calming devices, provision of services and servicing of
utilities and refuse collection, and access in case of fire, catastrophe or other
emergency.
3.3.5.3. The location and relationship of parking and loading facilities to
thoroughfares and internal traffic patterns within the proposed development,
considering vehicular and pedestrian safety, traffic flow and control, access in
case of fire or catastrophe, screening and landscaping.
3.3.5.4. Adequacy of recreational facilities and open spaces considering the size,
location, and development of these areas with regard to adequacy, effect on
adjacent and nearby properties as well as uses within the proposed
development, and the relationship to community-wide open spaces and
recreation facilities.
3.3.5.5. Adequacy of the proposed landscape screens and buffers considering
preservation of the development's internal land uses as well as compatibility
with adjacent land uses.
3.3.5.6. Water management master plan on the property, considering its effect on
adjacent and nearby properties and the consequences of such water
management master plan on overall county capacities. Water management
areas shall be required to be maintained in perpetuity according to the
approved plans. Water management areas not maintained shall be corrected
according to approved plans within 30 days. The engineer of record, prior to
final acceptance, shall provide documentation from the stormwater
maintenance entity; indicating that said entity has been provided information
on how the stormwater systems functions and indicating responsibility for
maintenance of the system.
3.3.5.7. Adequacy ofutiliW service, considering hook-in location and availability and
capacity for the uses projected.
3.3.5.8. Signage proposed for the project in conformity with division 2.5. and a
unified sign permit shall be applied for with the submittal packet for the Site
Development or Site Improvement Plan.
3.3.5.9. Architectural design of the building for all commercial developments located
in any commercial zoning district.
3.3.5.10. Such other standards as m~y be intposed by this code, ~h¢ growth
management plan or other applicable regulations for the particular use or
activity proposed.
3.3.6. Conceptual site development plan review and approval:
Words ..... ~..k ...... I
............. ~,.. are deleted, words underlined are added.
67
At the request of the applicant and subiect to the applicable fee set forth in the schedule of
fees, planning services department will complete a conceptual review and issue a written
summary of issues of concem and conceptual approval. This conceptual approval shall not
mean that the project has received final approval, it shall only indicate that the project is in
substantial compliance with the requirements of the code and may be approved subject to
further review, changes and modifications.
See. 3.3.7. Site development plan review (SI)P) procedures.
A pre-application meeting shall be conducted by the planning services director prior to the
submission of any site development or site improvement plan for review. This meeting may
be waived by the planning services director upon the written request of the applicant.
3.3.7.1. Site development plan submittal packet: The site development submittal
packet shall include the following, if applicable:
3.3.7.1.1 Ownership: A copy of the deed, contract for sale or agreement for sale or a
notarized statement of ownership clearly demonstrating ownership and
control of the subject lot or parcel of land.
3.3.7.1.2. Site development plan. A site development plan prepared on a maximum size
sheet measuring 24 inches by 36 inches drawn to scale and setting forth the
following information when applicable:
1. The project title and the name, address and phone number of the firm
or agent preparing the plans and the name, address and telephone
number of the property owner.
2. Zoning designation and land uses on the subject and adjacent
properties.
3. North arrow, scale and date.
4. Vicinity map clearly identifying the location of the development and
its relationship to the surrounding community.
5. A narrative statement on the plan identifying the provisions of
ownership and maintenance of all common areas, open space, private
streets and easements.
6. A site summary in chart form which shall include the following:
a. Total site acreage.
b. Total square footage of impervious area (including all parking
areas, drive-aisles, and intemal streets) and its percentage of
the total site area.
c. Total square footage of landscape area/open space and its
percentage of the total site area.
d. For residential projects, total number of units, units per acre,
and a unit breakdown by square footage and number of
bedrooms.
e. For nonresidential projects, total building footage and a square
footage breakdown by use (i.e., office, retail, storage, etc.) and
its percentage of the total building.
f. All required and provided setbacks and separation~ between
buildings and structures in matrix form.
7. A parking summary in matrix form which shall include:
a. Type of use.
b. Total square footage per use.
c. Required parking ratio.
d. Number of spaces required per use.
e. Number of spaces provided per use.
f. Total number of required and provided spaces including regular,
handicapped and reserved spaces.
8. The following information must be included in the SDP packet:
a. Information in the Standard Building Code, type of
construction, number of stories, total square footage under
Words atr-'-~!: through are deleted, words underlined are added.
68
roof, occupancy/use and fire sprinkler intentions of all
proposed structures so that a needed fire flow may be
determined. NFPA 1141,
b. A fire hydrant flow test report from the applicable fire district
for the closest hydrant(s) to the proiect so that the available
fire flow may be determined. NFPA 1141.
9. Iljustrative information accurately depicted on the site development
plan shall be as follows unless waived at the pre-application meeting:
a. A boundary survey, prepared by a professional surveyor,
showing the location and dimensions of all property lines,
;'~ existing streets or roads, easements, fights-of-way, and areas.
dedicated to the public.
b. Name, alignment and existing/proposed rights-of-way of all
streets which border the development (including raised
islands, striping, right/left turn lanes, median cuts and nearby
intersections), the location of all existing driveways or access
points on the opposite sides of all streets which border the
development, and the location of all traffic calming devices.
c. Location and configuration of all development ingress and
egress points.
d. Location and arrangement of all proposed buildings
(including existing buildings that are to remain).
e. Location and configuration of all parking and loading areas.
f. Name, alignment and existing/proposed right-of-way of all
internal streets and alleys.
g. Directional movement of internal vehicular traffic and its
separation from pedestrian traffic.
h. Location and configuration of recreational facilities (including
related buildings, golf course areas, tennis courts, pools, etc.).
i. Location and general configuration of all water and drainage
retention/detention areas as well as all existing and proposed
easements, and water and sewer lines intended to serve the
development.
j. Location and general configuration of such natural features as
preservation/conservation areas, water bodies, and wetlands.
k. Location of emergency access lanes, fire hydrants and fire
lanes.
1. Location of all handicapped parking spaces.
m. Location of trash enclosures.
n. Location and heights of proposed walls or fences.
o. Accurate dimensions which include the following:
(1) All building setbacks.
(2) Distance between buildings and accessory structures.
(3) Width of all internal streets.
(4) All parking areas and drive-aisles.
(5) Landscape areas adjacent to all vehicular drives, interior
property lines and all parking areas.
p. Any additional relevant information as may be required by the
plannine serViCes director.
10. For projects subject to the provisions of Division 2.8., fiv~ ~ts of
architectural drawings, signed and sealed by a licensed architect,
.-- registered in the state of Florida.,
a. scaled elevation for all sides of the building~
b. scaled wall section from top of roof to grade depicting typical
elevation with details and materials noted, and rendered to
show materials and color scheme with paint chips and roof
color samples;
c. site sections showing the relationship to adiacent structures;
and
d. a unified sign plan as required division 2.8.
Words ~truck t.h.r~ugk are deleted, words underlined are added.
69
Representations made on the site development plan shall become conditions of approval.
Architectural drawings submitted in conjunction with an application for a building permit
shall be consistent with the architectural drawing submitted and approved for the SDP or
SIP.
3.3.7.1.3 Landscapingplan.. A landscape plan which shall contain the following:
1. Landscape summary. A landscape summary in matrix form which shall
include:
a. Graphic symbol to indicate each type of plant material.
b. Botanical name.
c. Common name.
d. Total number of each type of plant material.
e. Height and spread of each type of plant material.
f. Spacing of each type of plant material.
2. Iljustrative in_formation. Iljustrative information consisting of the
following shall be accurately depicted on the landscape plan:
a. The location, configuration and arrangement of all proposed
buildings, intemal streets and parking areas as reflected on the
site plan.
b. The location and dimensions of all proposed landscaped areas
with appropriate graphic symbols including existing trees that
are being credited toward the development's landscaping
requirements.
c. Location and configuration of all special or textured paving
areas.
d. Provisions for site irrigation.
e. Any additional relevant information as may be required by the
planning services director.
3.3.7.1.4. Vegetation inventorV:
A generalized vegetation inventory of the property shall be required to the extent necessary_,
as determined at the pre-application meeting, indicating the approximate location, densities
and species of the following:
1. Upland, wetland and estuarine vegetation including prohibited exotic
vegetation, mapped using FLUCCS terminology.
2. Any type of vegetation identified for preservation.
3. Proiects containing the following shall provide a survey of identifying
species and locations on a current aerial photograph at a scale of one
inch equals 200 feet or larger or superimposed on the site plan:
a. Plants specified to remain in place or to be transplanted to
other locations on the property as specified in the applicable
development order.
b. Specimen trees designated by the board of county
commissioners, pursuant to section 3.9.6.7.
c. State or federal rare, threatened or endangered plant species
surveyed according to accepted Florida game and freshwater
fish commission or U.S. fish and wildlife methods.
d. Existing trees that may be credited toward the development's
landscaping requirements.
4. For proposed site alteration(s) within the coastal zone as depicted on
the future land use map, in addition to the foregoing requirements, the
vegetation inventory shall depict the categories of impact in
accordance with section 3.12.5.1.
3.3.7.1.5. Aerialphoto. A recent aerial photo shall be provided at the same scale as the
plan delineating the development boundaries, unless waived at the pre-
application meeting,
3.3.7.1.6. Density bonus. In the event a re,idential bonus is requested, as provided for
in the growth management plan, a certified survey that clearly iljustrates the
location and relationship of the development to the appropriate activity center
and the related activity band shall be required.
Words struc, k °~ .....u are deleted, words underlined are added.
70
3.3.7.1.7. Building plans. Plans showing proposed building footprints, spatial
relationship to one another when there are multiple buildings and building
heights.
3.3.7.1.8. Soil erosion and sediment controlplan. A soil erosion and sediment control
plan pursuant to division 3.7.
3.3.7.1.9. Inl~astructure improvements plans. Detailed on-site and off-site infrastructure
improvement plans and construction documents prepared in conformance
with the design standards of division 3.2 and any current county ordinances,
regulations, policies and procedures which consist of, but are not limited to,
the following items:
1. A cover sheet setting forth the development name, applicant name,
name of engineering firm, and vicinity map.
2. Improvements for water and sewer service as needed or as may have
been specified during a preliminary_ site development plan review
prepared in conformance with Collier County Ordinance No. 88-76,
as amended.
3. Improvements for roadway, motor vehicle and non-motorized
circulation, ingress and egress, parking and other transportation needs,
including traffic calming devices, required or as may have been
specified during the preliminary site development plan review,
prepared in conformance with section 3.2.8.4 subdivision design
requirements (for purposes of this requirement, all references in
section 3.2.8.4 to "subdivision" should be read to mean development,
where applicable and appropriate).
4. Non-motorized circulation is defined as movement by persons on
foot, bicycle or other human-powered device. Non-motorized
circulation depicting sidewalks and bicycle facilities consistent with
sections 2.8.3.4. and 3.2.8.
5. The absence of obstructions in the public right of way shall be
demonstrated, including provisions for safe and convenient street
crossing. Sidewalks and bike paths at intersections shall continue to
the edge of curb as depicted by Iljustrations 1 and 2.
Iljustration 1
Words ~::c!~ *,hro~g~ are deleted, words underlined are added.
71
6_ Two curb ramps shall be provided for sidewalks and bike paths at
each street comer of an intersection. Curb ramps shall be a minimum
of 36 inches in width and shall not rise at a ratio greater than as
outlined by the Florida accessibility code for building construction.
j]]lli _ tt lttt '
..... i tl
iljustration 2
Crosswalks shall be required at any intersection where the distance to
the nearest crosswalk is greater th~ 1000 feet.
6. Improvements Br water management pu~oses as needed or as may
have been specified during the prelimin~ site development plan
review, prepared in conB~ce with section 3.2.8.4 subdivision
design requirements (Br pu~oses of this requirement, all references
in section 3.2.8.4 to "subdivision" should be read to mean
development, where applicable and appropriate), and pursuant to
South Florida Water Management District roles, chapter 40E-4, 40E-
40 ~d 40E-41, Florida Administrative Code.
7. All necessa~ standard and special details associated with sections
3.3.6.2.9.2. t~ough 3.3.6.2.9.6. above.
8. Written tec~ical specifications Br all inCastructure improvements to
be perBreed.
9. Engineering design computmions ~d repo~s for water, sewer, roads
~d water management facilities, as required by federal, state and
local laws and regulations.
10. Topographieal map of ~he prope~y which shall include the following:
a. Existing features, such as, watercourses, drainage ditches,
lakes, marshes.
b. Existing contours or representative ground elevations at spot
locations and a minimum of 50 feet beyond the property line.
e. Benchark locations and elevations ~GVD}.
11. Site cle~ing pl~ ~d method of vegetation disposal.
Words ...... ~, ,u .....~' are deleted, words underlined are added.
72
3.3.7.1.10. Permits. All necessary permits and necessary applications requiring county
approval and other permitting and construction related items, including but
not limited to the following, shall be submitted and approved with the site
development plan:
1. Florida Department of Environmental Protection water and sewer
facilities construction permit application.
2. Excavation permit application.
3. Florida Department of Transportation utilities construction application
and/or rights-of-way construction permits.
4. Collier County Right-of-Way Permit at the time of building permit
approval.
5.Blasting permit prior to commencement of any blasting operation.
6. South Florida Water Management District permit, if required, or,
Collier County general permit for water management prior to site
development plan approval.
7. Interim wastewater and/or water treatment plant construction or
interim septic system and/or private well permits prior to building
permit approval.
8. Any additional state and federal permits which may be required prior
to commencement of construction~ addressing the impacts on
jurisdictional wetlands and habitat involving protected species.
10. All other pertinent data~ computations, planst reports, and the like
necessary for the proper design and construction of the development
that may be submitted.
11. All necessary performance securities required by Collier County
ordinances in effect at the time of construction.
3.3.8. Site improvement plan review. Submittal of a site plan may be reviewed
under the Site Improvement Plan (SIP) review process if the development
proposal meets all of the following conditions:
3.3.8.1. The project involves a site which is currently improved with principal
structures, parking facilities~ water and sewer services~ and defined
ingress/egress.
3.3.8.2. The proposed use will not require an expansion of the existing impervious
areas to degree which would require engineering review or otherwise affect
on-site surface water management facilities as may be documented by waiver
letters from the South Florida Water Management District or Collier County
where applicable.
3.3.8.3. Written documentation from appropriate agencies acknowledging that water
and sewer services are available at the site and are adequate to serve the
proposed use.
3.3.8.4. Site improvement plan submittal and review. A site improvement plan (SIP)
shall be prepared on a 24-inch by 36-inch sheet drawn to scale and setting
forth the following information:
1. The project titlet property owner, address and telephone number.
2. Legal description, scale~ and north arrow.
3. Zoning designation of the subject site and adjacent sites and the
proposed use of the subject site.
4. Location, configuration and dimensions of all building anal lo~;
improvements.
5. Location and configuration of parking and loading areas, and the
directional movement of internal vehicle traffic.
6. Location and dimension of access point(s) to the site.
7. Parking summary_ in matrix form, indicating the required and provided
parking for each existing and proposed use.
8. Location and configuration of handicapped parking facilities and
building accessibility features.
9. Location, dimension and configuration of existing water management
facilities.
10. Location of trash enclosures.
Words ~tr~:ck tkr~:~ are deleted, words underlined are added.
73
11. Location of existing and proposed landscaping with specifications as
to size, quantity and type of vegetation.
12. All required and provided setbacks and separations between structures
in matrix form.
13. Any additional relevant information as may be required by the
planning services director.
See. 3.3.9. Amendments.
Any proposed change or amendment to a previously approved site
development plan shall be subject to review and approval by the planning
services director. Upon submittal of a plan clearly iljustrating the proposed
change, the planning services director shall determine whether or not it
constitutes a substantial change. In the event the planning services director
determines the change is substantial, the applicant shall be required to follow
the review procedures set forth for a new site development plan. A
substantial change shall be defined as:
3.3.9.1. Any change which substantially affects existing transportation circulation,
parking or building arrangements, drainage, landscaping, buffering, identified
preservation/conservation areas and other site development plan
considerations; or
3.3.9.2. Any other change the planning services director may determine as
significantly altering the general layout, configuration and arrangement of the
project.
3.3.9.3. In the event the planning services director determines the change to be less
than substantial, the applicant shall not be required to follow the review
procedures set forth for a new site development plan.
See. 3.3.10. Site development plan time limits.
Approved site development plans shall remain in force for two years. If no
development/actual construction has commenced within two years, the site
development plan shall expire. A one-year extension may be granted for good
cause shown upon written application submitted to the planning services
director prior to expiration of the preceding approval. When extending the
site development plan approval~ the planning services director shall require
the approval to be modified to bring the plan into compliance with any new
provisions of this code in effect at the time of the extension request.
See. 3.3.11. Violations.
No building permit or certificate of occupancy shall be issued except in
compliance with the approved site development plan. Violation of the terms
identified in the approved site development plan shall constitute a violation of
this code.
SUBSECTION 3.I: AMENDMENTS TO ADEQUATE PUBLIC FACILITIES DIVISION
Division 3.15., Adequate Public Facilities, of Ordinance 91-102, as amended, the Collier
County Land Development code, is hereby amended as follows:
DIVISION 3.1: ADEQUATE PUBLIC FACILITIES DIVISION
WoFds gtrc:~ *~ ..... ~ arg deleted, words underlined are added.
' 74
Words struck thrcuF=h arc deleted, words underlined are added.
75
Sec. 3.1~.~!. Sho~ title, authori~ and applicabili~.
~.IL~L 1. Short title. This division shall bc hown and may bc cited as the
"Collier County Adequate Public Facilities Ordinance."
Words stru:k .u ..... ~' are deleted, words underlined are added,
76
3.15.~:1_ 2. Authority. The board of county commissioners of Collier County has
the authority to adopt this division pursuant to Article VIII, Section
l(f), Fla. Const., F.S. 8125.01 et. seq., F.S. 8163.3161 et. Seq., F.S.
8163.3161(8), F.S. 88163.3177(10)(h) and F.S. 81163.3202(2)(g), and
Rule 9J-5, F.A.C.
3.15.~L 3. Applicability. This division shall apply to all development in the total
unincorporated area of Collier County, and to all public facilities
owned by Collier County in the incorporated or unincorporated areas
of Collier County, and to all privately-owned public facilities where
-" the level of service has been established by the county.
See. 3.15.32. Intent and purpose.
3.15.32.1. Intent This division is intended to implement and be consistent with
the Collier County Growth Management Plan, F.S. 8163.3161 et. seq.,
and Rule 9J-5, F.A.C., by ensuring that all development in Collier
County be served by adequate public facilities.
3.15.~2_.2. Purpose. This objective is accomplished by (1) establishing a
management and monitoring system to evaluate and coordinate the
timing and provision of the necessary public facilities to service
development, and (2) by establishing a regulatory program that
ensures that each public facility is available to serve development
concurrent with when the impacts of development occur on the public
facilities.
3.15.32_.3. Minimum requirements. The provisions of this division in their
interpretation and application are declared to be the minimum
requirements necessary to accomplish the stated intent, purposes, and
objectives of this division.
See. 3.15.43.1. Definitions.
3.15.43.1. Annual update and inventory report or AUIR means the county report
on public facilities described in section 3.15.~.6_2.
3.15.43.2. Application for development approval means an application submitted
to Collier County requesting the approval of a development order.
3.15.43.3. Capital drainage facilities means the planning of, engineering for,
acquisition of land for, or the construction of drainage and water
management facilities necessary for proposed development to meet
the LOS for drainage facilities.
3.15.43.4. Capital park facilities means the planning of, engineering for,
acquisition of land for, or construction of buildings and park
equipment necessary to meet the LOS for park facilities.
3.15.43.5. Capital road facilities or capital road improvement shall include
transportation planning for, right-of-way acquisition for, engineering
_ for, and construction of any project eligible for inclusion as a road
project in the road component of the CIE of the Collier County
Growth Management Plan or the Five-Year Florida Department of
Transportation Plan.
3.15.43.6. Capital potable water facilities mean the planning of, engineering for,
acquisition of land for, or construction of potable water facilities
necessary to meet the LOS for potable water facilities.
Words atruck ,h ..... u are deleted, words underlined are added.
' 77
3.15.43.7. Capital sanitary sewer facilities mean the planning of, engineering
for, acquisition of land for, or construction of sanitary sewer facilities
necessary to meet the LOS for sanitary sewer facilities.
3.15.43.8. Capital solid waste facilities mean the planning of, engineering for,
acquisition of land for, or construction of solid waste facilities
necessary to meet the LOS for solid waste facilities.
3.15.43.9. Comprehensive plan means a plan that meets the requirements of F.S.
§§ 163.3177 and 163.3178, and shall mean the Collier County Growth
Management Plan, where referenced in this division.
3.15.43.10. Reserved
3.15.43.11. Deficient road segment means the following:
3.15.43.11.1. A county or state road segment on the major road network system that
either:
3.15.43.11.1.1. Has an adopted LOS "C" peak season, peak hour, that has operated
below LOS "C" peak season, peak hour, based on the annual update
and inventory report CAUIR"); or
3.15.43.11.1.2. Has an adopted LOS "D" peak season, peak hour, that has operated
below LOS "D" peak season, peak hour, for two years or more based
on the AUIR; or
3.15.43.11.1.3. Has an adopted LOS "D" peak season, peak hour, that is operating
below LOS "E", peak season, peak hour, based on the AUIR; or
3.15.43.11.1.4. Has an adopted LOS "E" peak season, peak hour, that is operating
worse than LOS "E" peak season, peak hour, based on the AUIR.
3.15.43.11.2. In determining the capacity of a county road segment or a state road
segment for the purpose of determining whether it is a deficient road
segment, the county shall consider:
3.15.43.11.2.1. Any capital road improvement currently in place;
3.15.43.11.2.2. Any capital road improvement that is under construction;
3.15.43.11.2.3. Any capital road improvement guaranteed in an enforceable
development agreement that includes the provisions in subsections
3.15.43.10.2.1 and 3.15.43.10.2.2.;
3.15.43.11.2.4. The actual construction of the required capital improvement is
included and is scheduled to commence in or before the third year of
the state's five-year work program and the county's current five-year
capital improvement schedule adopted as part of the growth
management plan; and
3.15.43.11.2.5. The board of county commissioners has made an express finding,
after a public hearing, that the current five-year capital improvement
schedule is based on a realistic, financially feasible program of
funding from existing revenue sources.
3.15.43.12. Developer means any person, including a governmental agency,
undertaking any development as defined in this division.
3.15.43.13. Development agreement has the meaning contemplated in F.S.
§ 163.3220 et. seq.
Words ...... v .u .....u are deleted, words underlined are added.
78
3.15.43.14. Development has the meaning given it in F.S. §380.04.
3.15.43.15. Development order means any order, permit, determination, or action
granting, denying, or granting with conditions an application for any
final local development order, building permit, temporary use permit,
temporary construction and development permit, sign permit, well
permit, spot survey, electrical permit, plumbing permit, occupational
license, boat dock permit, HVAC permit, septic tank permit, right-of-
way permit, blasting permit, excavation permit, construction approval
-~ for infrastructure (including water, sewer, grading, paving), approved
development of regional impact (DRI), zoning ordinance amendment,
comprehensive plan amendment, flood variance, coastal construction
control line variance, tree removal permits, site development plan
approval, subdivision approval (including plats, plans, variances, and
amendments), rezoning, PUD amendment, certification, conditional
use (provisional use), variance, or any other official action of Collier
County having the effect of permitting development as defined in this
division.
3.15.43.16. Final development order means a final local development order or a
final DRI development order.
3.15.43_.17. Final DRI development order means a development order, as
amended from time to time, adopted by the board of county
commissioners of Collier County and approved by the state pursuant
to F.S. §380.06, notice of which is recorded pursuant to F.S.
§380.06(15)(f).
3.15.43_.18. Final local development order means any valid, unexpired building
permit or mobile home tie-down permit issued by the county.
3.15.43_. 19. Growth management plan or GMP means the most recently adopted
and effective comprehensive plan of Collier County, as amended from
time to time.
3.15.43.20. Land development regulations mean ordinances enacted by Collier
County pursuant to F.S. §163l_.3161 et. seq. , for the regulation of
development, and includes any zoning, subdivision, impact fee,
building construction, or sign regulations, or any other regulations
controlling the development of land.
3.15.43_.21. Level of service (LOS) means an indicator of the extent or degree of
service provided by, or proposed to be provided by a public facility
based on and related to the operational characteristics of the public
facility, as adopted in the Collier County growth management plan.
LOS shall indicate the capacity per unit of demand for each public
facility.
3.15.43_.21.1. Level of service calculations for roads mean calculations that are
performed annually following the end of the calendar year by
.--. comparing average annual daily traffic counts to the annual average
daily traffic service volume look-up tables in the traffic circulation
element. These tables are calculated to express the annul average
daily traffic volumes based upon the 100th highest volume hour of the
year, or peak season, peak hour. Annual average daily traffic (AADT)
is generally calculated as the average of a daily 24-hour two-way
volume, counted in each of the four seasons of the year. On some low
volume roads, a single annual count may be taken and factored to the
annual average daily traffic volume using a monthly or quarterly
factor.
Words atruek t.h. raug.h. are deleted, words underlined are added.
79
3.15.43.22. LOS for capital drainage facilities varies among 1) new or existing
capital drainage facilities owned or operated by a local govemment or
other public entity, 2) existing capital drainage facilities owned or
operated by private persons, and 3) new capital drainage facilities
owned or operated by private persons. For those capital drainage
facilities (publicly or privately owned) that are in existence on the
effective date of this division and for those new capital drainage
facilities owned or operated by a local government or other public
entity, the LOS is the existing LOS as identified (by design storm
retum frequency event) in the Collier County Water Management
Master Plan. For new capital drainage facilities owned or operated by
private persons, the LOS is identified in the drainage sub-element and
capital improvement element policy 1.1.5.A.3 (present requirements
are a 25-year, three-day storm event) and is based on those standards
and requirements for renewal and approval of drainage and
stormwater management plans established in the Collier County
Water Management Policy Ordinance, No. 74-50, as amended and
Ordinance No. 90-10 which are incorporated herein by reference.
3.15.43.23. LOS for capital park facilities means 2.9412 acres per 1,000 persons
for regional park land; 1.2882 acres per/1,000 persons for community
park land; and $179.00 of capital investment per capita (at current
cost) for recreational facilities.
3.15.43.24. LOS for capital potable water facilities varies between public water
systems and private water systems. For _..~d; ..... + ...... +~ the
county water and sewer district the LOS is !35 185 gallons per capita
per day (GPCD)_. , plus 21 percent
(with no, ~ ...... + ,,a;,,,+_..+x For the Goodland water district the
LOS is 163 GPCD. For the city of Naples unincorporated service
area the LOS is 163 GPCD. For the Everglades City unincorporated
service area the LOS is 163 GPCD. For private potable water
systems, the LOS is as follows, except that approved private wells are
exempt from these LOS requirements:
Type of Establishment Gallons Per Day (GPD)
Airports
(a) Per passenger 5
(b) Add per employee 20
Barber and beauty shops (per chair) 100
Bowling alleys (toilet wastes only per 100
lane)
Country club
(a) Per resident member 100
(b) Per member present 25
(c) Per employee 20
Dentist offices
(a) Per wet chair 200
(b) Per non-wet chair 50
Doctors office (per doctor) 250
Factories, exclusive of industrial
wastes (gallons per person per shift)
(a) No showers provided 20
(b) Showers provided 35
Food service operations
(a) Ordinary restaurant (per seat) 50
(b) 24-hour restaurant (per seat) 75
(c) Single service articles only (per 25
person)
(d) Bar and cocktail lounge (per 30
person)
Words ...... ~ ,h .....h are deleted, words underlined are added.
80
(e) Drive-in restaurant (per car 50
space)
(f) Carry out only
1. Per 100 square feet of floor 50
space
2. Add per employee 20
(g) Institutions (per meal) 5
Hotels and motels
(a) Regular (per room) i 50
(b) Resort hotels, camps, cottages 75
Type of Establishment Gallons Per Day (GPD)
(per person)
(c) Add for establishments with self 400
service laundry facilities (per machine)
Office building (per employee per 8 20
hour shift)
Service stations (per water closet and 250
per urinal)
Shopping centers without food or 0. I
laundry (per square foot of floor space)
Stadiums, race tracks, ball parks (per 5
seat)
Stores per square foot of floor space 0. I
Theatres
(a) Indoor, auditoriums (per seat) 5
(b) Outdoor, drive-ins (per space) 10
Trailer/mobile home park (per trailer 200
space
Travel trailer/recreational vehicle
park
(a) Travel trailer (overnight), 75
without water and sewer hook-up (per
trailer space)
(b) Travel trailer (overnight), with 100
water and sewer hook-ups (per trailer
space)
Swimming and bathing facilities, 10
public (per person)
Churches (per seat) 3
Hospitals (per bed) 200
Nursing, rest homes (per bed) 100
Parks, public picnic
(a) With toilets only (per person) 5
(b) With bathhouse, showers and 10
toilets (per person)
Public institution s other than schools 100
and hospitals (per person)
Schools (per student)
(a) Day-type 15
(b) Add for showers 5
(c) Add for cafeteria 5
(d) Add for day school workers 15
(e) Boarding-type 75
Work/Construction camps
Semi-permanent (per worker) 50
Residences
(a) single or multiple family (per 150
dwelling unit) one bedroom and 600
square feet or less heated or cooled
area
Two bedrooms and 601 - 1,000 300
square feet heated or cooled area
Three bedrooms and 1,001-2,000 450
square feet heated or cooled area
Four or more bedrooms and more 600
than 2,000 square feet heated or
cooled area
(b) Other (per occupant) 75
Words ~,:ck ~.~re~:?:~ are deleted, words underlined are added.
81
3.15.43.25. LOS for capital road facilities on the major road network system varies
depending on the type of road, and is based on a defined peak season, peak
hour. The LOS on the following county roads is LOS "E" peak season, peak
hour:
Road Segment
Airport Road Pine Ridge Road to Golden Gate Parkway
Golden Gate Pkwy Airport Rd. to Santa Barbara Bivd.
Goodlette-Frank Rd. Pine Ridge Rd. to Golden Gate Parkway
~ Goodlette-Frank Rd. Golden Gate Parkway to U.S. 41
Pine Ridge Road Airport Road to 1-75
The County has declared as "constrained" the following segment:
Vanderbilt Beach Rd. U.S. 41 to Gulfshore Drive
On all other county roads on the major road network system, the LOS is "D"
peak season, peak hour; however such a county road segment may operate at
LOS "E", peak season, peak hour, for a period not to exceed two fiscal years
so as to provide Collier County time to make the capital road improvements
needed to restore the road to LOS "D" peak season, peak hour, or better.
The LOS on state and federal roads shall be as follows based on peak season,
peak hour:
Rural Existing Urbanized Transitioning Urbanized
Road Area Rural Area Area
1-75 GB I~_
U S4 ! C D GD
SR-84 C D GD
SR-951 D GD
SR-29 ~ -
SR-82 t~C -
3.15.41.26. LOS for capital sanitary sewer facilities varies between public sanitary sewer
systems and private sanitary sewer systems. The LOS for public sanitary
sewer systems is 100 gallons per capita per day (gpcd), plus 21 percent for
nonresidential development, making the LOS 121 gpcd.
The LOS for private sanitary sewer systems is as required by the State of
Florida in Chapter 10-D-6, F.A.C. These standards vary according to the
type of land use. They are as follows, except that approved private septic
systems are exempt from these LOS requirements:
Type of Establishment Gallons Per Day (GPD)
Airports
(a) Per passenger _~5
(b) Add per employee 20
Barber and beauty shop (per chair) 100
bowling alleys (toilet wastes only per 100
lane)
Country club
(a) Per resident member 100
(b) Per member present 25
(c) Per employee 20
Dentist office
(a) Per wet chair 200
(b) Per non-wet chair 50
Doctors offices (per doctor) 250
Factories, exclusive of industrial wastes
(gallons per person per shift)
(a) No showers provided 20
(b) Showers provided 35
Food service operations
(a) Ordinary restaurant (per seat) 50
(b) 24-hour restaurant (per seat) 75
(c) Single service articles only (per person) 25
Words ..... t- ,~, .....h are deleted, words underlined are added.
82
Type of Establishment Gallons Per Day (GPD)
(d) Bar and cocktail lounge (per person) 30
(e) Drive-in restaurant (per car space) 50
(f) Carry out only:
I. Per 100 square feet of floor space 50
2. Add per employee 20
Hotels and motels
(a) Regular (per room) 100
(b) Resort hotels, camps, cottages (per person) 75
(c) Add for establishments with self service laundry 400
facilities (per machine)
--- Office building (per worker) 20
Service stations (per bay) 500
Shopping centers without food or laundry (per 0.1
square foot of floor space)
Stadiums, race tracks, ball parks (per seat) 5
Stores (without food service)
(a) Private toilets, for employees only (per employee) 20
(b) Public toilets (per square foot of floor space) 0.1
Theaters
(a) lndoor, auditoriums (per seat) 5
(b) Outdoor, drive-ins (per space) 10
Trailer/mobile home park (per trailer space) 200
Travel trailer/recreational vehicle park
(a) Travel trailer (overnight), without water and 50
sewer hookup (per trailer space)
(b) Travel trailer (overnight), with i 00
water and sewer hook-ups (per trailer
space)
Swimming and bathing facilities, 10
public (per person)
Churches (per seat) 3
Hospitals (per bed) 200
Nursing, rest homes (per person) 100
Parks, public picnic
(a) With toilets only (per person) 5
(b) With bathhouse, showers and 10
toilets (per person)
Public institutions other than schools 100
and hospitals (per person)
Schools (per student)
(a) Day-type 15
(b) Add for showers 5
(c) Add for cafeteria 5
(d) Add for day school workers 15
(e) Boarding type 75
Work/construction camps semi- 50
permanent (per worker)
Residences
(a) Single-family (per bedroom) 150
(b) Apartment (per bedroom) 150
(c) Mobile home not in a trailer 150
park (per bedroom)
(d) Other (per occupant) 75
3.15.43.27. LOS for capital solid waste facilities requires sufficient capital solid
waste facilities to dispose of 4-39 1.10 tons of solid waste per capita
per year. In addition, the LOS requires two years of landfill lined cell
disposal capacity at present fill rates and ten years of landfill raw land
capacity at present fill rates.
3.15.43.28. LOS "C"peak season, peak hour is in the range of stable flow, but
marks the beginning of the range of flow in which the operation of
individual users becomes significantly affected by interactions with
others in the traffic stream. The selection of speed is affected by the
presence of other, and maneuvering either the traffic stream requires
substantial vigilance on the part of the user. The general level of
comfort and convenience declines noticeably at this level. LOS "C"
peak season, peak hour, is based on the 100th highest hourly traffic
Words struc!: t.h.r~ug.h. are deleted, words underlined are added.
83
volumes during a calendar year for the various types of roads defined
by Special Report 209, "Highway Capacity Manual," Transportation
Research Board, National Research Council, Washington, D.C., 1985,
or subsequent revisions thereto.
3.15.43.29. LOS "D"peak season, peak hour represents a high-density, but stable,
flow. Speed and freedom to maneuver are severely restricted, and the
driver or pedestrian experiences a generally poor level of comfort and
convenience. Small increases in traffic flow will generally cause
operational problems at this level. LOS "D" peak season, peak hour,
is based on the 100th highest hourly traffic volumes during a calendar
year for the various types of roads defined by Special Report 209,
"Highway Capacity Manual," Transportation Research Board,
National Research Council, Washington, D.C., 1985, or subsequent
revisions thereto.
3.15.43.29.1. LOS "E" peak season, peak hour represents operating conditions at or
near capacity. All speeds are significantly reduced. Freedom to
maneuver is difficult. Comfort and convenience is extremely poor,
and motorist frustration is generally high. LOS "E" peak season, peak
hour, is based on the 100th highest hourly traffic volumes during a
calendar year for the various types of roads defined by Special Report
209, "Highway Capacity Manual", Transportation Research Board,
National Research Council, Washington, D.C. 1985, or subsequent
revisions thereto.
3.15.43.30. Peak season, peak hour is considered to be the 100th highest volume
hour of the year, and is the basic time reference used to calculate
levels of service using the definitions and methodologies of the 1985
Highway Capacity Manual (or its current edition). For planning and
concurrency applications, peak season, peak hour conditions are
converted to annual average daily traffic (AADT) level of service
maximum volumes and are presented in a series of look-up tables
adopted in the traffic circulation element of the growth management
plan.
3.15.43.31. Major road network system means all arterial and collector roads
within the total unincorporated Collier County. The major road
network system is depicted in the traffic circulation element of the
Collier County Growth Management Plan.
3.15.43.32. Person means an individual, corporation, govemmental agency,
business trust, estate, trust, partnership, association, two or more
persons having a joint or common interest, or any other entity, and its
designated agents, successors or assigns.
3.15.43.33. Potentially deficient road segment means the following:
3.15.43.33.1. A county or state road segment on the major road network system
whose adopted LOS standard is LOS "C" or LOS "D", peak season,
peak hour, that is presently operated at its adopted LOS, or whose
adopted LOS is LOS "D" peak season, peak hours, and has operated
at LOS "E" peak season, peak hour, for two years or less, based on the
AUIR. A potentially deficient road segment which has an adopted
LOS "D" peak season, peak hour, may operate at LOS "E", peak
season, peak hour, for two years before it shall become a deficient
road segment.
3.15.43.33.2. A county or state road segment on the major road network system
whose adopted LOS standard is "E", peak season, peak hour, that is
Words at:'--'c!: t.h. reug.h. are deleted, words underlined are added.
84
presently operating at LOS "E" peak season, peak hour, based on the
AUIR.
3.15.43_.33.3. In determining the capacity of a county road segment or a state road
segment for the purpose of determining whether it is a potentially
deficient road segment, the county shall consider:
3.15.43.33.3.1. Any capital road improvement currently in place;
3.15.43.33.3.2. Any capital road improvement that is under construction;
3.15.43.33.3.3. Any capital road improvement guaranteed in an enforceable
development agreement that includes the provisions in subsections
3.15.43.33.3.1 and 3.15.43.33.3.2;
3.15.43.33.3.4. The actual construction of the required capital road improvement is
included and is scheduled to commence in or before the third year of
the state's five-year work program and the county's current five-year
capital improvement schedule adopted as part of the growth
management plan; and
3.15.43.33.3.5. The board of county commissioners has made an express finding,
after a public hearing, that the current five-year capital improvement
schedule is based on a realistic, financially feasible program of
funding from existing revenue sources.
3.15.43.34. Public facilities mean capital drainage facilities, capital park facilities,
capital potable water facilities, capital road facilities, capital sanitary
seer facilities, and capital solid waste facilities.
See. 3.15.~4_ Rules of construction.
In the construction of this division, the rules set out in this section shall be observed unless
such construction is inconsistent with the manifest intent of the Collier County Board of
County Commissioners. The rules of construction and definitions set forth herein shall not
be applied to any provisions which expressly exclude such construction, or where the subject
matter, content or context of such provisions would make such construction internally
inconsistent or inconsistent with other provisions of this division.
3.15.154_. 1. Generally. All provisions, terms, phrases and expressions contained
in this division shall be liberally construed in order that the true intent
and meaning of the Collier County Board of County Commissioners
may be fully carried out. Terms used in this division, unless
otherwise specifically provided, shall have the meanings prescribed
by the statutes of this state for the same terms.
In the interpretation and application of any provision of this division it
shall be held to be the minimum requirement adopted for the
promotion of the public health, safety, comfort, convenience and
general welfare. Where any provision of this division imposes greater
restrictions upon the subject matter than a general provision imposed
by the growth management plan or another provision of this division,
the provision imposing the greater restriction or regulation shall be
deemed to be controlling.
3.15.:54_.2. Text. In case of any difference of meaning or implication between the
text of this division and any figure, the text shall control.
3.15 .:54_.3. Computation of time. The time within which an act is to be done shall
be computed by excluding the first and including the last day; if the
Words str-'-cl~ t~reu~.h. are deleted, words underlined are added.
85
last day is Saturday, Sunday or legal holiday, that day shall be
excluded.
3.15.64_.4. Day. The word "day" shall mean a calendar day, unless "business"
day is indicated.
3.15.154_.5. Delegation of authority. Whenever a provision appears requiring a
division administrator, the head of a department or some other county
officer or employee to do some act or perform some duty, it is to be
construed to authorized the division administratoh head of the
~ department or some other county officer or employee to designate,
delegate and authorize professional level subordinates to perform the
required act or duty unless the terms of the provision or section
specify otherwise.
3.15.~_.6. Gender. Words importing the masculine gender shall be construed to
include the feminine and neuter.
3.15.64_.7. Month. The word "month" shall mean a calendar month.
3.15.~_.8. Non-technical and technical words. Words and phrases shall be
construed according to the common and approved usage of the
language, but technical words and phrases and such others as may
have acquired a peculiar and appropriate meaning in law shall be
construed and understood according to such meaning.
3.15.:54_.9. Number. A word importing the singular number only, may extend
and be applied to several persons and things as well as to one person
and thing. The use of the plural number shall be deemed to include
any single person or thing.
3.15.:54_.10. Shall, may. The word "shall" is mandatory; "may" is permissive.
3.15.64_. 11. Tense. Words used in the past or present tense include the future as
well as the past or present.
3.15.:54_. 12. Week. The word "week" shall mean seven calendar days.
3.15.154_.13. Written or in writing. The term "written" or "in writing" shall be
construed to include any representation of words, letters, or figures
whether by printing or other form or method of writing.
3.15 .:54_. 14. Year. The word "year" shall mean a calendar year, unless a fiscal year
is indicated or 365 days is indicated.
Sec. 3.15.65. Establishment of management and monitoring program and
regulatory program: the annual update and inventory report
(AUIR), CIE amendments, and annual budget.
In order to implement the mandate of the Collier County Growth Management Plan
to ensure that adequate potable water, sanitary sewer, solid waste, drainage, park and road
~-- public facilities are available to accommodate development in Collier County concurrent
with when the impacts of development occur on such public facilities, the board of county
commissioners establishes, pursuant to the terms of this division, (1) a management and
monitoring program that evaluates the conditions of public facilities to ensure they are being
adequately planned for and funded to maintain the LOS for each public facility, and (2) a
regulatory program that ensures that each public facility is available to serve development
orders which are subject to the provisions of this division.
Words atruck *h ....."are deleted, words underlined are added.
86
Sec. 3.15.~Z6. Management and monitoring program.
3.15.:;t6.1. General. In order to ensure that adequate potable water, sanitary
sewer, solid waste, drainage, park and road public facilities are
available concurrent with when the impacts of development occur on
such public facilities, the county shall establish the following
management and monitoring practices. Their purpose is to evaluate
and coordinate the timing, provision, and funding of potable water,
sanitary sewer, solid waste, drainage, park and road public facilities
(1) to ensure adequate planning and funding to maintain the LOS for
the public facilities, and (2) to evaluate the capacity of the public
facilities for use in the regulatory program to ensure that no
development orders subject to concurrency regulation are issued
unless adequate public facilities are available to serve the
development concurrent with when the impacts of that development
occur.
3.15Az6.2. Annual update and inventory report on public facilities (AUIR). On
or about ~ December 1 of each year, the Community
Development and Environmental Services Division Administrator
shall complete an annual update and inventory report on public
facilities (hereinafter "AUIR"). The AUIR shall determine the
existing conditions of all capital potable water, capital sanitary sewer,
capital solid waste, capital drainage, capital park, and capital road
public facilities to determine and summarize the available capacity of
these capital improvements (public facilities) based on their LOS,
forecast the capacity of existing and planned public facilities
identified in the five-year capital improvement schedule for each of
the five succeeding years, and ten succeeding years, and identify new
projects needed to maintain adopted LOS. The forecasts shall be
based on the most recently updated schedule of capital improvements
(public facilities) for each public facility. The AUIR shall be based
on the most recent bureau of economic and business research (BEBR)
~ population projections, updated public facility inventories,
updated unit costs and revenue projections, and analysis of the most
recent traffic county data.
The findings of the AUIR shall form the basis for the preparation of
the next annual update and amendment to the CIE, ~,~ ~,~.~j ........
includeA,. ;. ,u ...... ,.,, ....... ~ ~""~'~'~* the determination of any area
of significant influence (ASI) and the review of and issuance of
development orders subject to the provisions of this division during
the next year.
3.15 .-716.2.1 Annual determination of adequate "Category A" public facilities
(concurrency). On or about/x, agu~ December 1 of each year, the
Community Development and Environmental Services Division
Administrator will present the AUIR report to the board of county
commissioners identifying deficiencies pr potential deficiencies in
"Category A" public facilities and remedial action options including
but not limited to the following:
1. Establishment of areas of significant influence (ASI'-s);
2. Public facility project additions to the CIE;
3. Deferral of development order issuance in affected areas
pending:,
a. Lowering of LOS via growth management plan amendment;
Words struclc ,h ..... h are deleted, words underlined are added.
...... ~..
87
b. Inclusion of necessary public facility projects in the next
adopted annual budget and next annual CIE update and
amendment;
c. Approval of new or increased revenue sources for
needed public facility projects by the board of
county commissioners, the state legislature or the
county voters.
' 3.15.:;tfi. 3 Recommendations on the annual CIE update and annual budget.
Based upon the AUIR analysis, the Community Development and
Environmental Services Division Administrator shall propose to the
Collier County Planning Commission and the Board of County
Commissioners on or about October 1 of each year, the annual update
and amendment to the CIE as part of the annual growth management
plan amendment cycle transmittal public hearings. It will include the
public facilities needed to maintain LOS as directed by the board of
county commissioners upon presentation of the AUIR. The annual
budget, which is to be adopted by October 1 of each year shall also
include projects and funding as directed by the board upon
presentation of the prior AUIR.
3.15.:;16.4 Establishment of area of significant influence (ASI) for roads.
3.15 .:;tfi.4.1 Establishment of area(s) of significant influence (ASI). If the finding
of the AUIR analysis identify additional road improvement projects
needed to maintain adopted LOS, they may be included in the road
component of the proposed annual CIE update and amendment at the
discretion of the board. Based upon board direction on inclusion of
additional road projects, the Community Development and
Environmental Services Division Administrator, in conjunction with
the MPO chief and transportation services department director may
propose and identify one or more areas of significant influence (ASI)
around any deficient or potentially deficient road segment (except
where such potentially deficient road segment is projected not to
exceed its adopted LOS within the first three years of the five-year
schedule of capital improvements in the CIE update and amendment
proposed for transmittal on or about October 1, and the estimated
annual residual capacity trips that would be allocated to those
applicants for certificates of public facility adequacy within the ASI
encompassing such potentially deficient road segment during the next
year does not exceed the remaining trip capacity). The boundaries of
any ASI shall be established pursuant to the standards in subsection
3.15.:;tfi.4.2. of this division along with the annual residual capacity
trips covering potentially deficient road segments for each ASI by
~ January_ 1 of each year. No residual capacity trips shall be
allotted for development in an ASI encompassing a deficient road
segment.
3.15.g6.4.2. Standards in establishing area of significant influence (ASI).
3.15.g6.4.2.1. General. The boundaries for an ASI shall be based upon an
"envelope" that surrounds major road segments. In general, the ASI
surrounding a road segment will radiate out from the segment a
distance of one to three miles, depending upon natural or manmade
features, roadway facility type. Additionally, there may be an overlap
of ASI'-s due to the effect of adjacent land uses upon a roadway
segment or segments.
Words °* .... t, ,~ .....~
............. e,.. are deleted, words underlined are added.
88
3.15.g6.4.2.2. Standards in determining area of significant influence (ASI). The
Community Development and Environmental Services Division
Administrator in conjunction with the MPO chief and transportation
services department director shall examine traffic movement patterns
and shall then prepare a map(s) that details the location of the
proposed ASI(s). Such map(s) shall then be presented to the board of
county commissioners at a regularly scheduled meeting for its review.
The following standards shall guide the Community Development and
Environmental Services Division Administrator, MPO chief and
transportation services department director in developing these
proposed ASI'-s:
Type of Roadway Facility Scope of AS1
Principal Arterial Three miles on each side of
affected segment and three miles from
each end of affected segment.
Minor Arterial Two miles on each side of
affected segment and two miles
for each end of affected segment.
Collector One mile on each side of affected
segment and one mile from each end
of affected segment.
Rural Minor Collector One mile on each side of affected
segment and one mile from each end
of affected segment.
Limited Access Facility One mile from each side of the
affected segment and three (3)
miles from any access point
and each segment end.
3.15.g_6.4.2.3. Determining annual residual capacity trips. The Community
Development and Environmental Services Division Administrator in
conjunction with the MPO chief and transportation services
department director shall complete a detailed conditions analysis of
the deficient or potentially deficient road segment within each
proposed ASI boundary prior to proposing the boundaries of the ASI.
The analysis shall take into consideration characteristics of the road
segment (such as traffic control, signal spacing, timing, and phasing)
using procedures documented in the 1985 Highway Capacity Manual
(or its current edition). The annual residual capacity trips for the
proposed ASI covering the potentially deficient road segment shall be
based upon up to 100 percent of the potentially deficient road
segment's remaining capacity, measured in peak hour, peak season
trips. Thirty percent of the potentially deficient road segment's
remaining capacity shall be reserved for only those land uses which
generate one peak hour trip per day or less, based on the most recent
ITE Trip Generation Rate Manual.
3.15.-76_.4.3. Review and approval by board of county commissioners. After
receipt of the proposed boundaries of a potential ASI and the
proposed residual capacity trips of the ASI from the Community
Development and Environmental Services Division Administrator the
board of county commissioners, by Oetob~ January 1 of each year,
shall hold a public hearing noticed pursuant to the requirements of
F.S. §125.66(5), and after consideration of the proposal and public
comment, approve the boundaries (including a map of the boundaries)
and the annual residual capacity trips of the ASI, with or without
modifications, or determine that competent substantial evidence has
been placed on the record to show that the road segment is not
Words struck thre, ugh are deleted, words underlined are added.
89
potentially deficient and determine that the establishment of an ASI is
not necessary to ensure that development orders are served by
adequate road public facilities. The approved boundaries and annual
residual capacity trip allotments for each ASI will become effective
on OcAob~ January 1 of each year if additional road improvements
are not added to the capital improvement element at that time.
3.15.~_.6.4.4. Map of areas of significant influence (ASI). A map showing the
boundaries of each ASI established by the board of county
commissioners shall be kept in the Community Development and
- Environmental Service Division and the office of the clerk to the
board of county commissioners for review an inspection by the public
during normal business hours.
3.15.:;16.4.5. Duration of established area of significant influence (ASI). Once the
boundaries of an ASI are approved by the board of county
commissioners, they are valid for one year, unless otherwise
dissolved.
3.15.:7-6_.4.6. Duration of residual capacity trips. Once the road facility residual
capacity trips are approved by the board of county commissioners,
they are valid for one year.
3.15.:~fi.4.7. Dissolution of area of significant influence {ASI2. If the additional
needed road improvements identified in the AUIR are added to the
CIE or funds are available for, and committed for construction of, the
needed road improvements to eliminate the classification of a road as
a deficient or potentially deficient road segment, then the area of
significant influence (ASI) established for that deficient or potentially
deficient road segment shall be dissolved in the same manner in
which it was established.
See. 3.15.87. Regulatory program: review of development to ensure adequate
public facilities are available.
3.15.87.1. General. In order to ensure that adequate potable water, sanitary
sewer, solid waste, drainage, park and road public facilities are
available concurrent with when the impacts of development occur on
each public facility, Collier County shall establish the following
development review procedures to ensure that no development orders
subject to concurrency regulation are issued unless adequate public
facilities are available to serve the proposed development.
3.15.87.2. Exemptions. The following development orders and development
shall be exempt from the terms of this division:
3.15.87.2.1. All valid, unexpired final development of regional impact (DRI)
development orders which were issued prior to adoption of the Collier
County Growth Management Plan on January 10, 1989, except where:
3.15.87.2.1.1. Development conditions or stipulations applicable to concurrency, or
~. the provision of adequate public facilities concurrent with the impacts
of development, exist in the DRI development order;
3.15.87.2.1.2. Substantial deviations are sought for a DRI development order, and
then, this division shall apply only to those portions of the
development for which the deviation is sought;
3.15.87.2.1.3. An overriding concern for public health, safety, or welfare exists;
Words ......~' t~r.~u"h are deleted, words underlined are added.
90
3.15.87.2.1.4. The county can demonstrate pursuant to F.S. §380.06, that substantial
changes in the conditions underlying the approval of the development
order have occurred or the development order was based on
substantially inaccurate information provided by the developer or that
the application of this division to the development order is clearly
established to be essential to the public health, safety and welfare; or
3.15.87.2.1.5. The new requirements would not so change or alter a DRI
development order that they would materially or substantially affect
the developer's ability to complete the development authorized by the
DRI development order.
3.15.87.2.2. Construction of public facilities that are consistent with the Collier
County Growth Management Plan.
3.15.87.2.3. Any development orders determined by the Community Development
and Environmental Services Division Administrator not to impact
public facilities as evaluated against the standards contained in this
division.
3.15.87.2.4. Original temporary construction and development permits and any
subsequent renewals not to exceed a cumulative period of one year.
3.15.87.2.5. Development orders permitting replacement, reconstruction or repair
of existing development consistent with all elements of the growth
management plan.
3.15.87.2.6. Original temporary use permits and any subsequent renewals not to
exceed a cumulative period of one year.
3.15.87.2.7. Any development order or development whose current owner is
entitled to receive, and who properly obtains, a determination of
vested rights for adequate public facilities CAPF") in accordance with
the provisions of this section 3.15.87.2.7.
3.15.g7.2.7.1. Application. An application for determination of vested rights for
APF shall be submitted in the form established by the Community
Development and Environmental Services Division Administrator.
An application fee in an amount to be determined by the board of
county commissioners shall accompany and be part of the application.
The application shall, at a minimum, include:
3.15.87.2.7.1.1. Name, address, and telephone number of the owner and authorized
applicant if other than the owner;
3.15.87.2.7.1.2. Street address, legal description, and acreage of the property; and
3.15.87.2.7.1.3. All factual information and knowledge reasonably available to the
owner and applicant to address the criteria established in section
3.15.87.2.7.7.
3.15.87.2.7.2. Determination of completeness. After receipt of an application for
determination of vested rights for APF, the Community Development
and Environmental Services Division Administrator shall determine
whether the application submitted is complete. If he determines that
the application is not complete, the Community Development and
Environmental Services Division Administrator shall notify the
applicant in writing of the deficiencies. The Community
Development and Environmental Services Division Administrator
shall take no further steps to process the application until the
deficiencies have been remedied.
Words atruck ,u ..... ~' are deleted, words underlined are added.
91
3.15.87.2.7.3. Review and determination or recommendation by Community
Development and Environmental Services Division Administrator and
the county attorney. After receipt of a completed application for
determination of vested rights for APF, the Community Development
and Environmental Services Division Administrator and the county
attorney shall review and evaluate the application in light of all of the
criteria in section 3.15.87.2.7.7. Based on the review and evaluation,
the Community Development and Environmental Services Division
Administrator and the county attorney shall prepare a written
recommendation to the hearing officer that the application should be
denied, granted or granted with conditions by the hearing officer.
Such recommendation shall include findings of fact for each of the
criteria established in section 3.15.87.2.7.7. to the extent that
information is represented or obtained or inclusion feasible or
applicable. If the Community Development and Environmental
Services Division Administrator and the county attorney agree based
on the review and evaluation that the application for determination of
vested rights for APF so clearly should be granted or granted with
conditions, then they may enter into a written stipulated determination
of vested rights for APF with the owner, in lieu of the written
recommendation to the hearing officer and the provisions in sections
3.15.82.2.7.4, 3.15.87.2.7.5. and 3.15.82.2.7.6. However, any such
stipulated determination shall be in writing, signed by the Community
Development and Environmental Services Division Administrator~ the
county attorney and the owner, and shall include findings of fact
based on the criteria established in section 3.15.87.2.7.7., conclusions
of law for such criteria, and the determination granting or granting
with conditions, in whole or in part, the vested rights for adequate
public facilities.
3.15.87.2.7.4 Review and Determination of Vested Rights Determination for APF
by hearing officer. Upon receipt by the Hearing Officer of the
Application for Determination of Vested Rights for APF and the
written recommendation of the Community Development and
Environmental Services Division Administrator and the County
Attorney, the Hearing Officer shall hold a public hearing on the
application. At the hearing, the Hearing Officer shall take evidence
and sworn testimony in regard to the criteria set forth in Section
87.2.7.7, and shall follow the rules of procedure set forth in Section
120.57(1)(b), 4, 6, 7, and 8. Florida Statutes, and Section
120.58(1)(a),(d) and (f), Florida Statutes, and Section 120.58(1)(b),
Florida Statutes, only to the extent that the Hearing Officer is
empowered to swear witnesses and take testimony under oath. The
Hearing Officer shall follow the procedures established for
administrative hearings in Rules 60Q-2.009, 2.017, 2.020, 2.022,
2.023, 2.024, 2.025, 2.027, and 2.031, Florida Administrative Code
except as expressly set forth herein. The parties before the Hearing
Officer shall include the County, the owner or applicant, and the
public. Testimony shall be limited to the matters directly relating to
the standards set forth in Section 87.2.7.7. The County Attorney shall
represent the County, shall attend the public hearing, and shall offer
such evidence as is relevant to the proceedings. The owner of the
property and its authorized agents, may offer such evidence at the
public hearing as is relevant to the proceedings and criteria. The order
of presentation before the Hearing Officer at the public hearing shall
be as follows: 1) the County's summary of the application, written
recommendation, witnesses and other evidence; 2) owner or applicant
witnesses and evidence; 3) public witnesses and evidence; 4) County
rebuttal, if any; and 5) applicant rebuttal, if any.
Words s~ are deleted, words underlined are added.
92
3.15.87.2.7.5. Issuance of vested rights determination for APF by hearing officer.
Within 15 working days after the completion of the public hearing
under Section 87.2.7.4, the Hearing Officer shall consider the
Application for Determination of Vested Rights for APF, the
recommendation of the Community Development and Environmental
Services Division Administrator and the County Attorney, and the
evidence and testimony presented at the public hearing, in light of all
of the criteria set forth in Section 87.2.7.7, and shall deny, grant, or
grant with conditions the Application for Determination of Vested
Rights for APF for the property or properties at issue. The
,A determination shall be in writing and shall include findings of fact for
each of the applicable criteria established in Section 87.2.7.7,
conclusions of law for each of such criteria, and a determination
denying, granting, or granting with conditions, in whole or in part, the
vested rights for adequate public facilities.
3.15.87.2.7.6 Appeal to the board of county commissioners. Within 30 days after
issuance of the Hearing Officer's written determination of vested
· rights for APF, the County Attorney, the Community Development
and Environmental Services Division Administrator, or the owner or
its authorized attorney or agent, may appeal the determination of
vested rights for APF of the Hearing Officer to the Board of County
Commissioners. A fee for the application and processing of an
owner-initiated appeal shall be established at a rate set by the Board
of County Commissioners from time to time and shall be charged to
and paid by the owner or its authorized agent. The Board of County
Commissioners shall adopt the Hearing Officer's determination of
vested rights for APF, with or without modifications or conditions, or
reject the Hearing Officer's determination of vested rights for APF.
The Board of County Commissioners shall not be authorized to
modify or reject the Hearing Officer's determination of vested rights
for APF unless the Board of County Commissioners finds that the
Hearing Officer's determination is not supported by substantial
competent evidence in the record of the Hearing Officer's public
hearing or that the Hearing Officer's determination of vested rights for
APF is contrary to the criteria established in Section 87.2.7.7.
3.15.87.2.7.7. Criteria for Vested Rights. This section is intended to strictly adhere
to and implement existing case law as they relate to the doctrine of
vested rights and equitable estoppel as applied to a local government
exercising its authority and powers in zoning, the provision of
adequate public facilities concurrent with development (concurrency),
and related matters. It is the express intent of Collier County to
require application of the provisions of this division to as much
development and property in the unincorporated areas of the county as
is legally possible without violating the legally vested rights which
the owner may have obtained in accordance with Florida common law
and statutory law, particularly F.S. § 163.3167(8). The criteria herein
provided shall be considered in rendering a vested rights
determination under this section. It is intended that each case be
decided on a case by case factual analysis. An owner shall be entitled
_ to a positive determination of vested rights for APF only if he
demonstrates by substantial competent evidence that he is entitled to
complete his development without regard to the otherwise applicable
provisions of this division based on the provisions of F.S.
§163.3167(8), or all three of the following requirements of the
three-part test under Florida common law: 1) upon some act or
omission of the county, 2) a property owner relying in good faith, 3)
has made such a substantial change in position or has incurred such
extensive obligations and expenses that it would be highly inequitable
and unjust to destroy the rights acquired.
Words struck ,h ..... h ;
...... e,.. are deleted, words underlined are added·
93
3.15.87.2.7.8. Limitation on determination of vested rights for APE A
determination of vested rights for APF which grants an application for
determination of vested rights for APF shall expire and be null and
void unless construction is commenced pursuant to a final
development order, final subdivision plat, or final site development
plan, within two years after the issuance of the determination of
vested rights for APF under this section 3.15.8_7.2.7, or unless
substantial permanent buildings have been, or are being constructed or
installed pursuant to a valid, unexpired, final development order of
Collier County within two years after issuance of the determination of
vested rights for APF under this Section 3.15.87.2.7, and such
development pursuant to a final development order, final subdivision
plat, final site development plan, final subdivision master plan, or
planned unit development master plan is continuing in good faith.
The aforementioned two-year time limitation on the determination of
vested rights for APF shall be stayed during any time periods within
which commencement of construction pursuant to a final development
order, final subdivision plat, or final site development plan is
prohibited or deferred by the county solely as a result of lack of
adequate public facilities to serve the property, pursuant to this
division.
3.15.87.3. Certificate of public facility adequacy.
3.15.87.3.1. General.
3.15.87.3.1.1. A valid, unexpired certificate of public facility adequacy shall be
obtained at the filing for the earliest or next to occur of final
subdivision plat, final site development plan or building permit,
provided however, any development orders except a final local
development order may be approved or issued provided they are
expressly conditioned on the issuance of a certificate of public facility
adequacy prior to building permit approval and provided the owner
and applicant proceed at their own risk and expressly waive and
release the county in writing from any and all future claims of vested
rights and equitable estoppel resulting from such conditional approval
or actions relying thereon.
3.15.87.3.1.2. At the applicant's request, the county shall review and approve, or
deny, an application for a certificate of public facility adequacy prior
to the consideration of an application for development approval for
any development order needed for a proposed development prior to
receipt of a final subdivision plat approval, final site development
plan approval, or building permit approval.
3.15.g7.3.1.3. Where the proposed development has been issued final subdivision
plat approval or final site development plan approval prior to the
effective date of this division, a certificate of public facility adequacy
shall be obtained prior to approval of the next development order
required for the proposed development.
3.15.87.3.4,1.!?,. All applicable impact fees and system development fees for a
development shall be paid into the Impact Fee Escrow Trust Fund in
the amount estimated to be due upon issuance of the building
permit(s) for the development upon or prior to issuance of a
Certificate of Public Facility Adequacy for the development, except in
the instance of a simultaneous application for a building permit(s) and
a Certificate of Public Facility Adequacy in which case(s) all
applicable impact fees and system development fees will be paid
directly into the appropriate impact fee fund at the time the building
Words struck ,u ..... ~ are deleted, words underlined are added.
94
permit(s) and Certificate are picked up by the applicant. The payment
of the estimated impact and system development fees into the Impact
Fee Escrow Trust Fund shall be applied as a credit towards the impact
and system development fees calculated and due upon issuance of the
building permit(s) for the development. Impact and system
development fees paid into the Impact Fee Escrow Trust Fund shall
be refundable upon written request to the Community Development
and Environmental Services Division Administrator accompanied by
the surrender of the original Certificate of Public Facility Adequacy
obtained prior to issuance of building permit(s) for the development.
---- Fees paid upon issuance of building permit(s) in accordance with the
applicable impact fee or system development fee ordinances shall be
refundable pursuant to the provisions of such ordinances upon written
request to the Finance Director, Clerk of Courts.
3.15.87.3.2. Rules of general applicability for certificate of public facility
adequacy.
3.15.87.3.2.1. Timing. An application for a certificate of public facility adequacy
may be submitted at any time, subject to Section 3.15.87.3.1.1.
3.15 .g7.3.2.2. Consolidated application. A building permit, final subdivision plat or
final site development plan shall receive final approval only to the
extent to which the proposed development receives a certificate of
public facility adequacy. The application for a certificate of public
facility adequacy may be submitted with an application for
development approval, where appropriate under this division.
3.15.8_7.3.2.3. Assignability and transJbrability. A certificate of public facility
adequacy shall run with the land, shall be assignable within a
proposed development, and shall not be assignable or transferable to
other development.
3.15.87.3.2.4. Expiration. A certificate of public facility adequacy shall expire three
years from the date of its approval except to the extent that building
permits have been issued for the proposed development for which the
certificate is approved, and the proposed development is then
completed pursuant to the terms of the Collier County Building Code,
provided:
3.15.87.3.2.4.1. For development comprised of more than 500 residential dwelling
units, or for a phased increment of development comprised of more
than 150 residential dwelling units, or for a commercial/industrial
development of more than 100,000 square feet of gross leasable area,
a certificate of public facility adequacy shall expire five years from
the date of its approval except to the extent that building permits have
been issued for the proposed development for which the certificate is
approved, and the proposed development is then completed pursuant
to the terms of the Collier County Building Code, provided the
certificate holder:
3.15.87.3.2.4.1.1. Obtains approval of its final subdivision plat and final site
development plan, whichever is applicable, within 12 months from
the date of issuance of the certificate of public facility adequacy; and
3.15.87. 3.2.4.1.2. Commences construction of the infrastructure for the final subdivision
plat and final site development plan, whichever is applicable, within
24 months from the date of issuance of the certificate of public facility
adequacy; and
Words ...... ~' *~' .....h are deleted, words underlined are added.
95
3.15.87.3.2.4.1.3. Completes the construction of the infrastructure for the final
subdivision plat and final site development plan, whichever is
applicable, and records the final subdivision plat in the public records
of Collier County, if applicable, within 36 months from the date of
issuance of the certificate of public facility adequacy.
3.15.87.3.2.4.2. For purposes of determining the expiration of a certificate of public
facility adequacy for a mixed use development, the size of the mixed
use development shall be determined by aggregating the percentage of
the threshold for each land use component identified in section
---- 3.15.87.3.2.4.1 that is proposed for the mixed use development.
3.15.87.3.2.5. Effect. Issuance of a certificate of public facility adequacy shall
demonstrate proof of adequate public facilities to serve the
development approved in the development order, subject to the
conditions in the development order. A subsequent application for
development approval for development approved in a development
order for which a certificate of public facility adequacy has been
approved shall be determined to have adequate public facilities as
long as the certificate of public facility adequacy is valid and
unexpired. When a certificate of public facility adequacy expires, any
subsequent application for development approval shall require a new
certificate of public facility adequacy to be issued pursuant to the
terms of this section prior to approval of any subsequent development
order for the proposed development.
3.15.87.3.2.6. Anything in this Ordinance to the contrary notwithstanding, all
Certificates of Public Facility Adequacy approved or issued from the
date that the Community Development and Environmental Services
Division Administrator presents the proposed ASI boundary maps to
the Board of County Commissioners, as provided by Section 87.4.2.3,
through the date that the boundaries and the Annual Residual
Capacity Trip Allotments for each ASI are approved by the Board
shall be expressly conditioned upon any and all restrictions,
limitations, provisions, boundaries and allotments adopted by the
Board of County Commissioners pursuant to Section ~.6.4.3.
3.15.87.3.3. Effect of development agreement in conjunction with a certificate of
public facility adequacy. Upon approval by the board of county
commissioners, any applicant may enter into a development
agreement with Collier County pursuant to the provisions of F.S.
§ 163.3220-3242, in conjunction with the approval of a development
order and/or a certificate of public facility adequacy. The effect of the
development agreement shall be to bind the parties pursuant to the
terms and conditions of the development agreement and the certificate
of public facility adequacy in order to insure that adequate public
facilities are available to serve the proposed development concurrent
with when the impacts of the development occur on the public
facilities. Development agreements may address conditional
development order approvals and conditions for renewal of the
certificate of public facility adequacy beyond five years, however, the
duration of any certificate of public facility adequacy shall not exceed
five years. Development agreements may also provide for private
provision of public facilities or for a joint endeavor between the
private sector and Collier County to provide public facilities. Any
public facility in the five year schedule of capital Improvements in the
CIE on which such a certificate of adequate public facilities is made
in conjunction with the approval of a development order and a
development agreement shall not be delayed, deferred, or removed
from the five year schedule of improvements in the CIE.
Words atruck ou ..... u are deleted, words underlined are added.
96
3.15.87.3.4. Procedure for review of application.
3.15.87.3.4.1. Submission of application and fee. An Application for a Certificate of
Public Facility Adequacy shall be submitted to the Community
Development and Environmental Services Division Administrator.
An application shall be submitted at the filing of the earliest or next to
occur of final subdivision plat, final site development plan, or
building permit. An application fee in an amount to be determined by
the Board of County Commissioners shall accompany and be part of
the application.
3.15.87.3.4.2. Application contents. The form and contents for the Application for
Public Facility Adequacy shall be established by the Community
Development and Environmental Services Division Administrator and
shall be published and made available to the general public.
3.15.8_7.3.4.3. Determination of completeness and review. After receipt of an
Application for Certificate of Public Facility Adequacy, the
Community Development and Environmental Services Division
Administrator shall determine whether it is complete within three
business days. If it is determined that the application is not complete,
written notice shall be served on the applicant specifying the
deficiencies. The Community Development and Environmental
Services Division Administrator shall take no further action on the
application unless the deficiencies are remedied. Within five business
days after the application is determined to be complete, the
Community Development and Environmental Services Division
Administrator shall review and grant, or deny each public facility
component in the application pursuant to the standards established in
Section 87.3.5.
3.15.87.3.4.4. Appeal to Public Facilities Determination Appeal Committee. Within
30 days after issuance of the determination of the Community
Development and Environmental Services Division Administrator on
the Application for a Certificate of Public Facility Adequacy, the
applicant may appeal the determination of the Community
Development and Environmental Services Division Administrator on
the Application for a Certificate of Public Facility Adequacy to the
Public Facilities Determination Appeal Committee. A fee for the
application and processing on an appeal shall be established at a rate
set by the Board of County Commissioners from time to time and
shall be charged to and paid by the applicant. The Public Facilities
Determination Appeal Committee shall hold a hearing on the appeal
and shall consider the determination of the Community Development
and Environmental Services Division Administrator and public
testimony in light of all the criteria set forth in Section 8_7.3.5 of this
Ordinance. The Public Facilities Determination Appeal Committee
shall adopt the Community Development and Environmental Services
Division Administrator's determination on the Application for a
Certificate of Public Facility Adequacy with or without modifications
or conditions, or reject the Community Development and
Environmental Services Division Administrator's determination. The
Public Facilities Determination Appeal Committee shall not be
authorized to modify or reject the Community Development and
Environmental Services Division Administrator's determination
unless the Public Facilities Determination Appeal Committee finds
that the determination is not supported by substantial competent
evidence or that the Community Development and Environmental
Services Division Administrator's determination is contrary to the
criteria established in Section 87.3.5 of this Ordinance. The decision
Words atru~k thr~uF, h are deleted, words underlined are added.
97
of the Public Facilities Determination Appeal Committee shall
include findings of fact for each of the criteria.
3.15.87.3.4.4.1. Composition of public facilities determination appeal committee. The
public facilities determination appeal committee shall be comprised of
three members: the e, ffice e,f eaFital Frejeeta management public
works division director, or his designee; metropolitan planning
organization (MPO) coordinator, or his designee; and the ~
~ engineering review services manager, or his designee.
3.15.87.3.4.5. Cancellation of certificates. Upon notification by the Community
Development and Environmental Services Division Administrator or
his designee, that an application for a Certificate of Public Facility
Adequacy has been approved and a Certificate issued, the applicant
shall have 30 calendar days to pick up the Certificate and pay all
applicable impact and system development fees. If the applicant fails
to pick up the Certificate and pay the appropriate fees within 20
calendar days of notification of approval, a second notification of
pending cancellation of the Certificate will be sent to the applicant by
certified mail. If the applicant does not pick up the Certificate and
pay all applicable fees within ten calendar days of notification by
certified mail, the Certificate will be voided. In such a case, the
applicant shall then be required to apply for issuance of a new
Certificate. Certificates issued simultaneously with building permits
shall be voided if the applicant fails to pick up the building permit and
fails to pay all applicable fees within the time period during which
such building permit(s) remain(s) valid.
3.15.87.3.5. Standards for review of application. The following standards shall be
used in the determination of whether to grant or deny a certificate of
public facility adequacy. Before issuance of a certificate of public
facility adequacy, the application shall fulfill the standards for each
public facility component (potable water, sanitary sewer, solid waste,
drainage, parks and roads).
3.15.87.3.5.1. Potable water facilities.
3.15.87.3.5.1.1 The potable water component shall be granted if any of the following
conditions are met:
3.15.87.3.5.1.1.1. The required public facilities are in place at the time a building permit
is issued.
3.15.87.3.5.1.1.2. The required public facilities are under construction at the time a
building permit is issued.
3.15.87.3.5.1.1.3. The required public facilities are guaranteed in an enforceable
development agreement that includes the provisions of subsections
-,°2.5.!.!.! 3.15.7.3.5.1.1.1. and ~.2.5.!.1.2 3.15.7.3.5.1.1.2.
3.15.87.3.5.2. Sanitary sewer facilities.
3.15.87.3.5.2.1. The sanitary sewer component shall be granted if any of the following
conditions are met:
3.15.87.3.5.2.1.1. The required public facilities are in place at the time a building permit
is issued.
3.15.87.3.5.2.1.2. The required public facilities are under construction at the time a
building permit is issued.
Words ......~- `h .....h are deleted, words underlined are added.
98
3.15.87.3.5.2.1.3. The required public facilities are guaranteed in an enforceable
development agreement that includes the provisions of Subsections
2.3.5.2.!.! 3.15.7.3.5.2.1.1. and ~.2.5.2.1.2 3.15.7.3.5.2.1.2.
3.15.87.3.5.3. Solid waste facilities.
3.15.87.3.5.3.1. The solid waste component shall be granted if any of the following
conditions are met:
3.15.87.3.5.3.1.1. The required public facilities are in place at the time a building permit
~'- is issued.
3.15.87.3.5.3.1.2. The required public facilities are under construction at the time a
building permit is issued.
3.15.87.3.5.3.1.3. The required public facilities are guaranteed in an enforceable
development agreement that includes the provisions of Subsections
8.2.5.2.!.I 3.15.7.3.5.3.1.1 and 82.5.2.!.2 3.15.7.3.5.3.1.2.
3.15.8_7.3.5.4. Drainage facilities. The drainage component shall be granted if the
proposed development has a drainage and water management plan
that has been approved by the environmental services division that
meets the LOS for Capital Drainage Facilities defined in Subsection
3.15.43.22.
3.15.8_7.3.5.5. Park and recreation facilities.
3.15.87.3.5.5.1. The parks and recreation component shall be granted if any of the
following conditions are met:
3.15.87.3.5.5.1.1. The required public facilities are in place at the time a building permit
is issued.
3.15.87.3.5.5.1.2. The required public facilities are under construction at the time a
building permit is issued.
3.15.87.3.5.5.1.3. The required public facilities are the subject of a binding contract
executed for the construction of those public facilities which provides
for commencement of actual construction within one year of issuance
of a building permit.
3.15.87.3.5.5.1.4. The required public facilities are guaranteed in an enforceable
development agreement that includes the provisions of 8_subsections
~'~c~ ~~ n.~ ~~ 315735511
3.15.7.3.5.5.1.2, and 3.15.7.3.5.5.1.3.
3.15.82.3.5.6. Road facilities. The road component shall be considered b~ed upon
whether the proposed development is outside a designated ASI or
within a designated ASI.
3.15.82.3.5.6.1. Development outside designated area of sign~cant influence (ASI)or
where no ASI exists. For development outside a designated ASI, or
where no ASI exists, the road component shall be grated.
3.15.82.3.5.6.2. Development within &signated area of signScant influence (ASI).
For development within a designated ASI covering a potentially
deficient road segment, the road component shall be approved, subject
to available capacity, if it is demonstrated the proposed development
will not m~e the potentially deficient road segment within the ASIa
deficient road segment. In the instance where the proposed
development will create a deficient road segment, a ceaificate of
Words ...... ~ ,h .....h are deleted, words underlined are added.
99
public facility adequacy for the road component shall be approved
only for that portion of the development that does not create the
deficient road segment. For development within a designated ASI
covering a deficient road segment, the road component shall be
approved only for that portion of the development that does not
increase the net trips on the deficient road segment and does not
further degrade the LOS of the deficient road segment.
Sec. 3.15.~8_. Liberal construction, severability, and penal provision.
-- 3.15.08.1. The provisions of this division shall be liberally construed to
effectively carry out its purpose in the interest of the public health,
safety, welfare and convenience.
3.15.98.2. If any section, phrase, sentence or portion of this division is for any
reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision, and such holding shall not effect the validity
of the remaining portion.
3.15.9_8.3. A violation of this division shall be misdemeanor punishable according to
law; however, in addition to or in lieu of any criminal prosecution, Collier
County shall have the power to sue in civil court to enforce the provisions of
this division.
SUBSECTION 3.J: AMENDMENTS TO PLANNING COMMISSION DIVISION
Division 5.2., Planning Commission, of Ordinance 91-102, as amended, the Collier county
Land Development Code, is hereby amended to read as follows:
DIVISION 5.2 PLANNING COMMISSION
Sec. 5.2.11. Appeals.
As to any land development petition or application upon which the planning
commission takes final action, an aggrieved petitioner, o~: applicant or an
aggrieved party may appeal such final action to the board of county
commissioners. An aggrieved or adversely affected party is defined as any
person or group of persons which will suffer an adverse affect to an interest
protected or furthered by the Collier County Growth Management Plan..
Land Development Code~ or building code(s). The alleged adverse interest
may be shared in common with other members of the community at large,
but shall exceed in degree the general interest in community good shared by
all persons. The board of county commissioners may affirm, affirm with
conditions, reverse or reverse with conditions the action of the planning
commission. Such appeal shall be filed with the development services
director within 30 days of the date of the final action by the planning
commission and shall be noticed for hearing with the board of county
commissioners, as applicable, in the same manner as the petition or
application was noticed for hearing with the planning commission. The cost
..... of notice shall be borne by the petitioner~ o~: applicant or aggrieved party.
SUBSECTION3.K: AMENDMENTS TO ENVIRONMENTAL ADVISORY BOARD
DIVISION
Division 5.13.,Environmental Advisory Board, of Ordinance 91-102, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
DIVISION 5.13 ENVIRONMENTAL ADVISORY BOARD
Words ~truc, k t.u. re::g.u. are deleted, words underlined are added.
100
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102
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Sec. ~.13.1. Establishment of the environmental adviso~ council.
5.13.1.1. ~crc is hereby established "The Enviro~cntal Adviso~ Council"
which shall herein be rcfc.cd to as the EAC. ~c Environmcnt3l
Adviso~ Board is hereby abolished as of 120 days a~cr the effective
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104
date of this amendment or the first meeting of the EAC, whichever
occurs earlier. At the date and time of the first meeting of the EAC as
provided all matters still pending before the EAB ipso facto shall be
transferred to the EAC and shall be the first matters of consideration
by the EAC.
5.13.1.2. Any references within the land development code to the
Environmental Advisory Board shall now refer to the environmental
advisory council.
,A Sec. 5.13.2. Authority, functions, powers and duties.
5.13.2.1. The EAC obtains its jurisdiction, powers, and limits of authority from
the board of county commissioners, hereinafter referred to as the
board, and pursuant to this code, shall act in an advisory capacity to
the board in matters dealing with the regulation, control, management,
use or exploitation of any or all natural resources of or within the
county and the review and evaluation of specific zoning and
development petitions and their impact on those resources.
5.13.2.2. The EAC will function to:
(1) Advise on the preservation, conservation, protection,
management and beneficial use of the physical and biological
natural resources (atmospheric, terrestrial, aquatic and
hydrologic) of the county in regard to the safety, health and
general well-being of the public;
(2) Advise and assist the county staff and board toward
developing the purpose, intent and criteria of all county
ordinances, policies, programs and other initiatives dealing
with natural resources.
(3) Provide written and oral reports directly to the board regarding
recommendations on matters dealing with the protection of
natural resources.
(4) Review and recommend stipulations addressing the
preservation, conservation, protection, management and
beneficial use of the county's physical and biological natural
resources (atmospheric, terrestrial, aquatic and hydrologic) for
petitions and/or plans for selected development orders,
including but not limited to rezones, developments of regiota_al
impact, provisional uses, subdivision master plans and planned
unit development amendments that are directed to the EAC by
county staff, the board, or the provisions of this code.
5.13.2.3. The powers and duties of the EAC are as follows:
(1) Identify, study, evaluate, and provide technical
recommendations to the board on programs necessary for the
conservation, management and protection of air, land, and
water resources and environmental quality in the county.
(2) Advise the board in establishing goals and obiectives for the
county's environmental conservation and management
programs.
(3) Advise the board in developing and revising, as appropriate,
local rules, ordinances, regulations, programs and other
Words atruck through are deleted, words underlined are added.
105
initiatives addressing the use, conservation and preservation of
the county's natural resources.
(4) Advise the board in the implementation and development of
the growth management plan regarding environmental and
natural resource issues.
(5) Advise the board in identifying and recommending solutior~.q
to existing and future environmental issues.
(6) Serve as the technical advisory_ committee to advise and assist
the county in the activities involved in the development and
implementation of the county environmental resources
management program as stated in policy 1.1.1 of the
conservation and coastal management element of the growth
management plan.
!'7) Implement the water policy pursuant to chapter 90, article II of
this code.
(8) Provide an opportunity for public comment on environmental
issues, ordinances and programs.
(9) Implement the provisions of the conservation and coastal
management element of the county's comprehensive plan
during the review process for development petitions and/or
plans.
(10) Participate in the review and recommendation process for
excavations over 500,000 C.Y., as provided for in division 3.5.
(11 ) Assist in the implementation of any new programs, ordinances
and/or policies adopted by the board which deal with the
conservation, management and protection of air, land, water
and natural resources and environmental quality in Collier
County.
(12} Provide an appellate forum and process to hear disputes
between county staff and applicants conceming land
development projects and recommend proposed stipulations
for proiect approval or grounds for proiect denial for board
consideration.
(13) Function as an environmental impact statement (EIS) review
board pursuant to division 3.8.
(14) The EAC shall present an annual report to the board at a
regular board meeting in May of each year. The report shall
list the EAC'S a~hievemenl~s for l~h¢ prior year. present its
objectives for the coming year and highlight environmental
issues that need further study.
See. 5.13.3. Membership.
5.13.3.1. Nine members of the EAC shall be appointed by and serve at the
pleasure of the board. Appointment to the EAC shall be by resolution
of the board and shall set forth the date of appointment and the term
of office.
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106
5.13.3.2. Vacancies on the EAC shall be publicized in a publication of general
circulation within the county, and vacancy notices shall be posted in
the county libraries and county courthouse.
5.13.3.3. Members shall be permanent residents and electors of Collier County
and should be reputable and active in community service.
5.13.3.4. The primary consideration in appointing EAC members shall be to
provide the board with technical expertise and other viewpoints that
A are necessary to effectively accomplish the EAC's purpose. In
appointing members, the board should consider a membership
guideline of six technical members and three non-technical members.
Technical members shall demonstrate evidence of expertise in one or
more of the following areas related to environmental protection and
natural resources management: air quality, biology (including any of
the subdisciplines such as botany, ecology, zoology, etc.), coastal
processes, estuarine processes, hazardous waste, hydrogeology,
hydrology, hydraulics, land use law, land use planning, pollution
control, solid waste, stormwater management, water resources,
wildlife management, or other representative areas deemed
appropriate by the board.
5.13.3.5. The initial terms of office of the members of the EAC shall be a~q
follows:
5.13.3.5.1. Two members will serve for a term of one year.
5.13.3.5.2. Two members will serve for a term of two years.
5.13.3.5.3. Two members will serve for a term of three years.
5.13.3.5.4. Three members will serve for a term of four years.
After the initial term of appointment, each appointment or
reappointment shall be for a term of four years. Terms shall be
staggered so that no more than a minority of such members'
appointments will expire in any one year.
5.13.3.6. Any member of the EAC may be removed from office by a majority
vote of the board of county commissioners.
5.13.3.7. Except where otherwise set forth herein, the provisions of Ordinance
86-41, as amended, shall apply.
Sec. 5.13.4. Officers and support staff.
5.13.4.1. The officers of the EAC shall be a chairman and a vice-chairman.
OfficerS' terms shall be for one year, with eligibility for reelection.
The chairman and vice-chairman shall be elected by a majority vote
the organizational meeting and thereafter at the first regular meeting
of the EAC in October of each year.
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107
5.13.4.2. The chairman shall preside at all meetings of the EAC. The vice-
chairman shall perform the duties of the chairman in the absence or
incapacity of the chairman. In case of removal, resignation or death of
the chairman, the vice-chairman shall perform such duties as are
imposed on the chairman until such time as the EAC shall elect a new
chairman. Should the offices of chairman and/or vice-chairman
become vacant, the EAC shall elect a successor from its membership
at the next regular meeting. Such election shall be for the unexpired
~ term of said office.
5.13.4.3. Professional support staff for the EAC shall be provided by the
community development and environmental services division and
such other county staff from elsewhere within the county government
as may, from time to time, be requested by the EAC and deemed
necessary by the county administrator.
See. 5.13.5. Meetings~ quorum and rules of procedure.
5.13.5.1. Regular meetings of the EAC shall be held on the first Wednesday of
each month at 9:00 a.m. or otherwise as determined by the
Community Development and Environmental Services Administrator,
in the commissioner's meeting room, Third Floor, Building "F,"
Collier County Government Complex, Naples, Collier County,
Florida. Special meetings of the EAC may be called by the chairman
or by a majority of the membership.
5.13.5.2. A simple majority of the appointed members of the EAC shall
constitute a quorum for the purpose of conducting business. An
affirmative vote of five or more members shall be necessary in order
to take official action, regardless of whether five or more members of
the EAC are present at a meeting.
5.13.5.3. The EAC shall, by majority vote of the entire membership, adopt
rules of procedure for the transaction of business and shall keep a
record of meetings, resolutions, findings and determinations. The
following standing subcommittees comprised solely of its
membership shall exist to advance the duties and responsibilities of
the EAC:
( 1 ) Growth management.
The EAC may establish other subcommittees comprised solely of it.q
membership to facilitate its functions. Meetings of the subcommittees
shall conform to the same public notice requirements as that of the
EAC
5.13.5.4. At the regular meetings of the EAC, the following shall be the order
of business:
5.13.5.4.1. Roll call.
5.13.5.4.2. Approval of the minutes of previous meeting.
5.13.5.4.3. Old business.
5.13.5.4.4. New business.
5.13.5.4.5. Public comments.
5.13.5.4.6. Adjournment.
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108
Items shall come before the EAC as scheduled on the support staff
prepared agenda unless a specific request arises which justifies
deviation by the EAC.
Sec. 5.13.6. Scope of land development project reviews.
The EAC shall review all land development petitions which require
the following: an environmental impact statement (EIS) per section
3.8 of the LDC; all developments of regional impact (DRI); lands
with Special Treatment (ST) or Area of Critical State Concern/
Special Treatment (ACSC/ST) zoning overlays; or any petition for
which environmental issues cannot be resolved between the applicant
and staff and which is requested by either party to be heard by the
EAC. The EAC shall also review any petition which requires
approval of the Collier County Planning Commission (CCPC) or the
Board of County Commissioners (BCC) where staff receives a request
from the Chairman of the EAC, CCPC or the BCC for that petition to
be reviewed by the EAC.
Any petitioner may request a waiver to the EAC hearing requirement,
when the following considerations are met: 1} no protected species or
wetland impacts are identified on the site, 2) an EIS waiver has been
administratively granted, 3) ST zoning is present and an
administrative approval has been granted or 4) an EIS was
previously completed and reviewed by staff and heard by a
predecessor environmental board, and that EIS is less than five years
old (or if older than five years, has been updated within six months of
submittal) and the master plan for the site does not show greater
impacts to the previously designated preservation areas.
The surface water management aspects of any petition, that is or will
be reviewed and permitted by South Florida Water Management
District (SFWMD), are exempt from review by the EAC.
Sec. 5.13.7. Appeal.
Any person aggrieved by the decision of the county administrator, or
his designee regarding any section of division 5.13 may file a written
request for appeal, not later than ten days after said decision, with the
EAC. The EAC will notify the aggrieved person and the county
administrator, or his designee of the date, time and place that such
appeal shall be heard; such notification will be given 21 days prior to
the hearing unless all parties waive this requirement. The appeal will
be heard by the EAC within 60 days of the submission of the appeal
Ten days prior to the hearing, the aggrieved person shall submit to the
EAC and to the county administrator, or his designee, copies of the
data and information he intends to use in his appeal. Upon conclusion
of the hearing the EAC will submit to the board of county
commissioners its facts, findings and recommendationS. The board of
county commissioners, in regular session, will make the final decisi0_r~
to affirm, overrule or modify the decision of the county administrator
or his designee, taking into account of the recommendations of the
EAC.
Sec. 5.13.8. Reimbursement of expenses.
Members of the EAC shall serve without compensation, but shall be
entitled to receive reimbursement for expenses reasonably incurred in
the performance of their duties upon prior approval of the board of
county commissioners.
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109
Sec. 5.13.9. Review process.
This EAC shall be reviewed for major accomplishments and whether
it is serving the purpose for which it was created once every four
years commencing with 2003 in accordance with the procedures
contained in Collier County Ordinance No. 86-41, as ameded. [Code
ch. 2~ art. VIII, div. 2].
SUBSECTION 3.L: AMENDMENTS TO DEFINITIONS SECTION
Division 6.3., Definitions, of Ordinance 91-102, as amended the Collier County Land
Development Code, is hereby amended to read as follows:
DIVISION 6.3 DEFINITIONS
Yard, J~ont.' The required open space extending across the entire
width of the lot between the front building line and street right-of-way
line. Where double-frontage lots exist, the required front yard shall be
provided on both streets except as otherwise provided for herein.
Where corner lots or record existed prior to the date of adoption of
Collier County Ordinance No. 82-2 [January 5,1982], which lots do
not meet minimum lot width or area requirements established in this
code, (1) only one full depth front yard shall be required, (2) all other
front yards shall be not less than 50 percent of the otherwise required
front yard depth .....
exclusive of any right-of-way, or right-of-way easement
~.a~s4ie,~ except that in the E estates district this depth may not
be less than 15 feet exclusive of any right-of-way or right-of-way
easement and the full depth front yard shall be located along the
shorter lot line along the street.
In the case of shoulder lots which conform to the minimum lot width
and area requirements of the zoning district, the required front yard
adjacent to the longest street may be reduced by five feet providing
that in no case may this yard be less than 25 feet.
In the case of through lots, unless the prevailing front yard pattern on
the adjoining lots indicates otherwise, a full depth front yard shall be
provided on all frontages. Where one of the front yards that would
normally be required on a through lot is not in keeping with the
prevailing yard pattern, the development services director may waive
the requirement for the normal front yard and substitute therefore a
special yard requirement which shall not exceed the average of the
yards provided on adjacent lots.
Zero lot line housing: A single-family ~ detached dwelling
structure on individually platted lots which provides a side yard or
patio on one side of the dwelling and no yard on the other. (See
section 2.6.27.)
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County and other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid
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' II0
or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not affect the validity of the remaining portion.
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land Development Code
of Collier County, Florida. The sections of the Ordinance may be tenumbered or relettcred to accomplish
such, and the word "ordinance" may bc changed to "section", "article", or any other appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this ~ 7 day of~~_, 1999. BOARD OF OUNTY COMMISSIONERS
.,.!..,'..,)~ !..,.:.:,. ,:/; ~)... COLLIE
.,.
.::' !'. BY:
ATTEST: % ~' '~"..'."' PAMELA S. MAC'KIE, CHAIRWOMAN
.7 ' ': ~", -""Z",': ~
RM AND LEGAL SUFFICIENCY
7:*: , . : Secretary of S'Ic.,~c:'<..: C)T. i: ../-6~.
,/_~P
d
MARjO~i'E'M:STUDENzi- filing rc, ceivcd
ASSISTANT COUNTY ATTORNEY
D~?g~uty Clerk
NOVEMBER 98 ORDINANC~/m~ff:
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Iil
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 99-6
Which was adopted by the Board of County Commissioners on the 27th day
of January, 1999, during Special Session.
WITNESS my hand and the official seal of the Board of COunty
Commissioners of Collier County, Florida, this 29th day of January,
1999.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Deputy Clerk~