Ordinance 96-66~ ,. "'.: ..~,~ '~.- ORDINANCE NO. 96.- 66
'3 ~' ~XN ,"ORDINANCE AMENDING ORDINANCE NUMBER 91-I02, AS
'~o A~NI)ED, 'FILE COLLIER COUNTY LAND DEVELOPMENT CODE,
{t ....... ~-~"IIlCII INCLUDES TIlE COMPREilENSIVE ZONING REGULATIONS
x':~'~ "~FOR TIlE UNINCORPORATED AREA OF COLLIER COUNTY, BY
PROVIDING FOR: SECTION ONE, RECITALS; SE~!ON TWO,
FINDINGS OF FACT; SE~ION T!IREE, ADOPTION OF
AMENDMENTS TO TIlE LAND DEVELOPMENT CODE , MORE
SPECIFICA!.I.Y AMENDING ARTICLE 1, GENERAL PROVISIONS,
DIVISION 1.9. ENFORCEMENT; ARTICI,E 2, ZONING, DIVISION 2.2.
ZONING DISTRICTS, PERM!~ED USES, CONDITIONAl, USES,
DIMENSIONAl. STANDARI)S, DIVISION 2.3, OFF-STREET PARKING
AND LOADING, DIVISION 2.4. LANDSCAPING AND BUFFERING,
DIVISION 2.6 SUPPLEMENTAL DISTRI~ REGULATIONS, DIVISION
2.8. ARCIilTECTURAL AND SITE DESIGN GUIDELINES AND
STANDARDS; ARTICLE 3, DIVISION 3.2. SUBDIVISIONS, DIVISION
3.3. SITE DEVELOPMENT PLANS, DIVISION 3.9. VEGETATION
REMOVAL, PROTECTION AND PRESERVATION, DIVISION 3.15.
ADEQUATE PUBLIC FACILITIES; ARTICLE 5, DECISION MAKING
AND ADMINIST~TIVE BODIES, DIVISION 53. GROVel!
MANAGEMENT DEPARTMENT, DIVISION 5.9. CO~IMUNITY
DEVELOPMENT SERVICES DIVISION, DIVISION 5.10.
DEVELOPMENT SERVICES DEPARTMENT, DIVISION 5.11. GRO~!!
PLANNING DEPARTSlENT, DIVISION 5. I2. HOUSING AND URBAN
ISIPROVEMENT DEPARTMENT; ARTICLE 6, DIVISION 6~.
DEFINITIONS, INCLUDING, BUT NOT LIMITED TO DEFINITIONS
OF COMMERCIAL EQUIPMENT AND COMMERCIAL VEIIICLE AND
DEFINITIONS RELATED TO ARCItlTECTU~L AND SITE DESIGN
STANDARDS AND GUIDELINES; APPENDIX B TYPICAL STREET
SECTIONS INCLUDING REVISIONS TO TYPICAL CROSS SE~IONS
FOR LOCAL STREETS, MINOR COLLEffORS, AND DELETION OF
TIlE CUL-DE-SAC TYPICAL CROSS SECTION; SE~ION FOU~
CONFLICT AND SEVE~BILI~; SE~ION FIVE, INCLUSION IN
TIlE CODE OF LAWS AND ORDINANCES; AND SE~ION SIX, BY
PROVIDING AN 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, which has been subsequently amended;
on October 13, 1991; and
WHEREAS, Ihe Land Development Code may not be amended more than two times in each calendar
year pursuant to Section 1.19.1., LDC; and
WHEREAS, this is the second amendment to the Land Development Code, Ordinance 91-102, in this
calendar year; and
WHEREAS, on March 23, 1993, the Board of County Commissioners adopted Resolution 93-124
establishing local requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 93-124 have been met; ~nd
Words struck '~ ..... ~ are deleted; words underlined are added.
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised
public hearings on October 16, 1996 and October 30, 1996, and did take action concerning these amcndmcnts
to the LDC; and
WHEREAS, all applicable substantive and procedural requirements of the law have been met.
NOW, THEREFORE BE IT ORDAINED by the Board orCounty Commlssioncrs orCollicr County,
Florida, that:
eECTION ONE: RECITALS
The foregoing recitals arc truc and correct and incorporated by reference hcrcin as if fully set forlh.
SECTION TWO: FINDINGS OF FACT
The Board of County Commissioners of Collier Counly, Florida, hcrcby makes [he following findings
of fact:
1. Collier County, pursuant to See. 163.3161, e~ e.~.q., Fla. Star., the Florida Local Government
Comprehensive Planning and Land Development Regulations Act (herelnafter the "Act"), is required to
prepare and adopt a Comprehensive Plan.
2. After adoption ofthe Comprehensive Plan, the Act and in particular See. 163-3202(I). Fla.
Star., mandates that Collier County adopt land development regulations that are consistent with and implement
the adopted comprehensive plan.
3. Sec. 163.320I, Fla. Star., provides that it is the intent ofthe Act that the adoption and
enforcement by Collier County of land development regulations for the total unlncorporated area shall be based
on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the
Act.
4t. See. 163.3194(I )(b), Fla. Star., 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. Star., 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
(hereina~er the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the
requirements of Sec. 1634.3161 et se_q.q. Fla. Star., 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
eegard 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 clement or portion
th ereo f.
Words struck thrcugh are deleted; words underlined are added.
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S. Pursuant to See. 163.3194(3)(a), Fla. Slat., a development order or land development regulation
shall bc consistent with the Comprehensive Plan irthc land uses, densities or intensities, in Ihc Comprehensive
Plan and if it meets all other criteria chumcrated by the local government.
9. Section 163.3194(3)(b). Fla. Slat., requires that a development approvcd or undertaken by a
local government shah hc consislcnt with the Comprehensive Plan if the land uses, densities or intensities,
capacity or size, timing, and other aspects of development arc compatible with an further the objectives,
lolicics, land uses, densities or intcnsitics in the Comprehensive Plan and if it n:ccts all other criteria
enumerated by the local government.
I0. On Oclobcr 30, 1991, Collier County adopted the Collier County Land Development Code,
which became effective on November 13, 1991 and may bc amended twice annually.
I 1, Collier County finds that the Land Dcvclopmcnt 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 prcscnt handicaps; and deal clTcctivcly with future
problems that may result from the use and development of land wilhin the total unincorporatcd arc 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; prevenl
the overcrowding of ]and and avoid the undue concentration of population; facilitate the adequate and effkient
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 Ihrough
orderly growth and development, lhe character and stability of present and future land uses and development in
Collier County.
12. ]I is the intent of the Board of County Commissioners of Collier County to implement the Land
Development Code in accordance with lhe provisions of the Collier County Development Plan, Chapter 125,
Fla. Slat., and Chapter 163, Fla. Star,, and through these amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO TIlE LAND DEVELOPMENT CODE
SUBSECTION 3,A: AMENDMENTS TO ENFORCEMENT DIVISION
Division 1.9, Enforcement of Ordinance 91-102, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
DIVISION 1.9. ENFORCEMENT
See. 1.9.1. General.
The provisions of this code shall be enforced by (I) the Collier County code enforcement board
pursuant to the authority granted by F.S. §162.01 et seq., (2) by the board or county
commissioners through its authority to enjoin and restrain any person violating the code, or (3)
by Collier County through the prosecution of violations in the name of the State of Florida
pursuant to the authority granted by F.S. §125.69. The county manager shall have the right Io
Words struck tkrcugh are deleted; words underlined are added.
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inspect those lands, waters, or structures affected by this code and to issue citations for
violations.
1.9.1.1. Thc term "county manager" as used in this code shall mean thc county
manager or his dcsigncc.
See. 1.9.2. Violation.
Whenever, by the provisions of this code, thc performance or any act is required, or the
performance of any act is prohibited, or whenever any regulation or limitation is imposed on the
use or devclopmcnt of any land or water, or on the erection of a structure, a failure to comply
with such provisions shall constitute a violation of this code.
Sec. 1.9.3. Complaints regarding violations.
Whenever a violation of this code occurs, or is alleged to have occurred, any person may file a
complaint. Such complaint stating fully the causes and basis thereof shall be filed with the
county manager. The county manager, or his designcc, shall record properly such complaint,
investigate, and takc action Ihcrcon as provided by this code. tic shall maintain as a public
rccord, in his office, the disposition madc ofthe complaint.
Sec. 1.9.4. Liability.
Any owner, tenant, or occupant of any land or structure, or part thereof, and any architect,
cnginccr, builder, contractor, or any other agent, or othcr person, firm, or corporation, either
individually or through its agents, cmployecs, or independent conlractor, who violarcs the
provisions of this code, or who participates in, assists, dirccts, creates, or maintains any situation
that is contrary 1o the requirements of this code, shall bc held responsible for the violation and be
subject to the penalties and rcmcdies provided heroin or as otherwise provided by statute or
ordinance.
Sec. 1.9.5. Procedures upon discovery ofv|olations.
Upon the determination that any provision of this code is being violated, the county manager or
his dcsignee, before prosecuting said violations before the code enforcement board, shall send a
written notice by registered or by certified mail return receipt requested or by hand delivery to
the person(s) responsible for such violation, indicating the nature of the violation and ordering
the action necessary to correct it. Additional written notices may be sent at the county manager's
discretion.
The written notice shall state the action the county manager intends to take, if the violation is not
corrcctcd~...fl ,h-- -.~,,;-- ,k., ,, ...... "' n:~.neger':. ^'-'"- me)' s,, -yt- ..... t~
Before a violation of any of the provisions of this code is prosecuted before the code enforcement
board, written notice by registered or certified mail, return receipt requested, shall be serviced by
the county manager or his dcsignce according to the rcquircments of Ordinance No. 92-80, as
may bc amended from time to time.
If the violation is of a nature that it can bc corrected by an of~cial zoning atlas amendment or
through the granting of a variance, the county administrator is authorized to suspend enforcement
actions pending the outcome ofsuch proceedings; provided that the person(s) responsible for the
violation RIc the appropriate application forms for olTidal zoning atlas amendment or variance
hearing with the county manager within ten calendar days of the receipt of notice of violation. If
the outcome of an of Ecia] zoning atlas amendment request or variance request does not rcmcdy
the violation, the person(s) responsible for the violation shall have 15 calendar days to correct thc
violation, unless granted an extension by the county manager as set forth above.
words struck t,hroug,h are deleted; words underlined are added.
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In cascs wbcrc dclay would scriously threaten thc cffcclivc cnforccmcnt of' Ihis codc or posc a
danger to the public health, safety, or general welfare, thc county managcr may seek enforccmcnt
without prior written noticc by invoking any of tile rcmedies contained in this code or otherwisc
provided by law.
Sec. 1.9.6. Criminal penalties and remedies.
A person who violates any of the provisions of this codc, or fails to comply with any or its
requirements, or fails to abide by and obey all orders and resolutions promulgated as herein
provided, shall be subject to prosecution in the name or the state in the same manner as
misdemeanors are prosecuted, pursuant to the terms of F.S, §125.69, as amended. and shall be
subject Io all criminal penalties authorized by the State or Florida rot such violation. Upon
conviction, such person shall be punished by a fine not to exceed $500.00 or by imprisonment in
the county jail not to exceed 60 days, or by both such fine and imprisonment.
Each calendar day that any violation continues after receipt of a writlcn notice or such violation
shall constitute a separate violation and a scparalc offense for purpose of the penalties and
remedies specified hcrein.
In addition to the penalties and remedies above, the county manager may institute any
appropriate actions or proceedings to prevent, restrain, correct, or abate a violation of this code.
as provided by law.
Sec. 1.9.7. Civil penalties and remedies.
1.9.7.1. Cectse and desist orders. The county manager is authorized to issue cease
and desist orders in lhe form of written official notices sent by registered
mail to the person(s) responsible for the violation,
1.9.7.2. Revocation of hulkling permits, certt)qcates of occttpttncy or other
development orders. permits or ttpprovals. The county manager may
revoke any building permit, ccrlificale or occupancy, development order,
development permit, or development approval, whatsoever, in those cases
where an administrative dclerminalion has been duly mmle that. relevant
to tile provisions and requirements or this code, false statements or
misrepresentations existed as to material fact(s) in the application or plans
upon which the permit or approval was based.
1.9.7.3. Sttspe. ttsiou of httihh'ttg permits, certt)gcates of occttpttttcl.'. of other
development orders. permits or ttl?provttls. The county manager may, 1o
the extent permilted by law, suspend any building permit, cerlificale of
occupancy, development order, development permit, or development
approvals whatsoever, where an administrative determination has been
duly made that, relevant to the provisions and requirements or this code,
an error or omission on either the part of the applicant or government
agency existed in lhe issuance ofthe permit or approval. A valid permit or
certificate shall be issued in place or the incorrect permit or certificate
after correction of the error or omission.
1.9.7,4. Stop work order. For any violation of the provisions of this code which
constitutes a threat to life or to public or private property, the county
manager shall have the authority to issue a stop work order in the form of
a written official notice given to the owner oflhe subject properly or Io his
agent or to the person doing the work where such a violation has been
committed or exists. Upon notice from the county administrator that any
words struck through are deleted; words underlined are added.
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action or work is occurring contrary to the provisions of this code, and it
constitutes a threat Io life or Io public or private property, such action or
work shall immediately bc stopped. The notice shall state the conditions
under which the action or work may be resumed. Where any emergency
exists, oral notice given by the county administrator shall be sufficient.
Sec. 1.9.8. Other remedies.
The county manager or the board of county commissioners may have recourse to such other
remedies in law and equity as may bc necessary to ensure compliance with the provisions of the
code, including the following:
19.8.1. lnjunctive rclicf to enjoin and restrain any person from violating the
provisions of the code and recovery of damages for such violation;
1.9.8.2. Prosecution by the state attomcy's office as provided by F.S. §125.69, as
amended;
1.9.8.3. Prosecution before the Collier County code enforcement board;
1.9.8.4. Revocation of any permit or changing the conditions orany permit;
1.9.8.5. Withholding the issuance of any construction plan approval, building
perulit, certificate of occupancy, or inspection by the county;
1.9.8.6. Requiring replacement by the property owner of any vegetation removed
in violation of the land alteration and landscaping regulations or in
violation of any permit issued under the code, including corrective
measures pursuant to section 3.9,6.9. Replacement trees shall be of
sufficient size and quantity to replace the dbh inches removed. At the time
of planting, a replacement tree shall have a minimum callper of I~ inches
and a minimum height of seven to eight feet; and
1.9.8.7. Recovery of attorneys' fees, expert witness fees, and costs, including those
on appeal, incurred by the county for in-house county attorneys and staff
experts and for outside legal counsel experts.
See. 1.9.9. Notice and appeal.
All administrative decisions concerning the issuance. revocation, suspension, or stop work order,
or other remedy pertaining to building permits, cerlificales of occupancy, development orders,
development permits, or development approvals, whatsoever, shall be stated in official written
notice sent by registered mail to the permit applicant. Decisions of the county manager may be
appealed to the board of county commissioners., board of zoning appeals, co.d.e enforcement
board, or building board of adjustments and appeals as may be applicable,
See. 1.9.10. Proseeutlon under previous regulations.
Any prosecution arising from a violation of any prior code, ordinance, or regulation of Collier
County superseded by this code, which prosecution was pending at the effective date of this
code, or any prosecution which may be begun within one year after the effective date of this
code, in consequence of any violation of any prior code, ordinance, or regulation superseded
hereby, which violation was committed prior to the effective date of this code, shall be tried and
determined exactly as if such prior code, ordinance, or regulation had not been superseded.
Words ctruck thrcugk are deleted; words ~nderline~ are added.
O1""':"~ :"' .... s..l: .....,I ,l`^tl k .....: .....,t I,u el,, I,,^~,,I ^f,^_: ........
SUBSECTION 3.B: AMENDMENTS TO ZONING DISTRICTS, PERMITTED USES,
CONDITIONAL, USES AND DIMENSIONAL, STANDARDS
DIVISION
Division 2.2., Zoning Districts, Pen*niltcd Uses, Conditional Uses, Dimensional
Standards, of Ordinance 91-102, as amended, Ihc Collier County Land Development Code is
hereby amended to read as follows:
Division 2.2 Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards
Sec. 2.2.12. Commercial professional district (C-l) and commercial professional transitional
district (C-I/T}.
2.2. 12.3. Conditional ,ses. The following uses arc permissible as condilional uses in the
commercial prorcssional/transillonal district (C-I, C-I/T, subject to the standards
and procedures established in division 2.7.4.
] I. Soup kitchens, as defined by this code.
12. Veterinarian's Office (0742), excluding outdoor kenneling,
2.2.12.6.3. Traffic Generation. The proposed use must not generate in excess of five
percent of level of service C peak hour volume design capacity on abutting
streets that provide access to lhe properly.
2.2.12.6.4. ,4rchitecturalandSiteDesien ,Sta. ndards. All cOmmemial buildings and
projects shall be subject to the provisions oCdivision 2.8,
See. 2.2.13. Commercial convenience district (C-2).
2.2.13.1. Purpose and intent. The purpose and intent of the commercial
convenience district (C-2) is to provide lands where commercial
establishments may be located to provide the small scale shopping and
personal needs of the sun'ounding residential land uses within convenient
travel dis'ance. It is intended that the CG -2 district implements the
Collier County growth management plan within those areas designated
agricu Itural/rural; estates h,.ighborhood center district of the Golden Gate
Master Plan; the neighborhood center district of the lmmokalee Master
Plan; and the urban mixed use district of the future land use element
permitted in accordance with the localtonal criteria for commercial and
the goals, objectives and policies as identified in the future rand use
element of lhe Collier County growth management plan. The maximum
density permissible in the commercial convenience 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
words struck t,hroug,h are deleted; w,.,rds underlined are added.
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permitted in a districl shall not exceed the density permissible under the
density rating system.
2.2.13.2. Permitted uses. The rollowing uses, as defined with a number from
other,vise provided for within this section, are permitted as of the Standard
Industrial Classification Manual (1987), or as right, or as uses accessory
permitted uses in the C-2 commercial convcnicnce district.
2.2.13.2,1. Permitted uses.
I. All permitted uses and all conditional uses except increased height
and mixcd rcsidcntial and commcrcial uses of the C-1 commercial
proresslonal district and the C-I/T commercial
professional/transitional district.
2_. .Apparel and Accessory Stores (groups 5611-5699)
3. Business service (groups 731 l, 7313, 7322-7338, 7361-7379.
· ~'~'~, '~'~'~t, 7378, 7279 7384),
4__.e', Care Takers Residence, subject Io section 2.6.10.
5. Eating places (5812 except contract feeding, dinner theaters, food
service (institutional), industrial feeding).
6. Electrical repair shops (7622 radio, television, stcreo and video
recorder repair only, 7629 except aircraft, business and office
machines, large appliances such as refrigerators and washing
machines).
7. Food stores (groups 5411 except supermarkets, 5421-5499).
8. Gasoline service stations {5541 subject to section 2.6.28).
9~g,. General MerchandiSe Stores (5311 -,51399}
10.__~.~Group care facilities (Category I and 11, except for homeless
shelters); care units, except for homeless shelters; and nursing
homes, subject to section 2.6.26.
40-I 1_._:. Hardware stores (5251).
.14-12, Health services (groups 8011-8049, 8082).
13.._.~.Home Furniture, Furnishing and Equipment Stores {groups 5713-
5719, 5731-5736}
14._=. Libraries {8231 )
15....~Miscellaneous Repair Services {7629-7631 )
16.._~.Miscellaneous Retail Services (5912-5961)
17. Museums and Art Galleries (841
18_=. Paint, glass and wallpaper stores (5231}
words =r. rucl: '-'- ..... "' are delet:ed; words underlined are added.
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19.4-:2-, Personal services groups (7212.7215,7221722! 7251, 72911.
20...~.t--3, Security and commodity brokers, dealer, exchanges and services
(groups 621l-6289).
21.._:.44,. United States Postal Service (4311 cxccpl major distribution
center).
22..._~.4-8-, Veterinary services (0742 excluding outside kcnneling).
23.._.:.46,. Videotape rental (7841 ).
24.._~17.... Any other convenience commercial use which is comparable in
nature with the Foregoing uses including building for retail, service
and office purposes consistent with the permitted uses and purpose
and intent statement of the district.
2.2.13.7. Architectural and Site Design Standards. All commercial buildings and
projects shall be subject to the provisions. 0F DiviSiOn 2.8.
2.2.14.7. . . Architectura.! and ~;ite Design Standards. All commercial buildings and
projects shall be subiect to the provisions of DiviSion
2.2.15.8. ArChitectural and Site Design Standards, All commercial buildings and
projects shall be subject to the provisions of DiVisjorl 2.8,
2.2.15 ~. 9. ,4rchitectural attd Site Design Standards. All commercial buildings and
projects shall be subject. to the provisions OlD vision 2.8,
2.2.16 ~.2.9. Architectural and Site Design Standards. All commercial buildings and
projects shall be subject to the provisions of Division 2.8,
See. 2.2.24 Special treatment overlay district (ST); special regulations for areas or
environmental sensltivlty and lands and structures of historical
and/or archaeological significance and the Big Cypress Area or
Critical State Concern.
2.2.24.2.3. Establishment of ACSC-SToverlay district. In accordance with F.S. §380.05,
and chapter 73-131 Laws of Florida, the administrative commission instituted
regulations for the Big Cypress Area of Critical Stale Concern (ACSC). The
purpose of these regulations is to conserve and protect the natural, environmental
and economic resources of the Big Cypress area. Furthermore, these regulations
are to provide a land and water management system that will preserve water
quality, provide for the optimum utilization of the limited water resources of the
area, facilitate orderly and well-planned development, and protect the health,
safety and welfare of residents of the state. Chapter 28.25 of the Florida
Administrative Code establishes criteria for site alteration, drainage,
transportation facilities and structure installation. These regulations are
implemented through the land development regulations as set forth in section
2.2.24.3.2. an overlay zoning classification to be known as Area of Critical State
Concern/Sensiti;'eSpecial Treatment overlay shall be designated on the official
zoning atlas with symbol ACSC-ST.
2.2.24.1 I. Transfer of development rights. An owner of !and located within areas
designated as Urban on the Future Land Use Map, including agriculturally zoned
properties, which may or may not be identified with the ST overlay, dosig-a. al~
Words struck t.hrcu~h are deleted; words underlined are added.
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~s g-I: may clcct to transfer some or all of the residential dcvclopmcnt fights ]from
one parc.cl orh-~ g-T-land to ..~'~n ST another parcel, as an allcrnalivc Io Ihc
development orthc S-l:sending lands, The lands to which the development Hgh!.s.
arc to bc transferred shall bc rcrcrrcd to as receiving lands and those lands fron]
which development righ!s arc Irnnsrcrrcd shall hc rcrcrrcd to as sending lands
r.v, .... :, as providcd hcrcin and shall be located within the Urban designated
areas of the Cqunty. i:: .... r. .... :, ..... :,l. d.~ c'r .......
2.2.24.1 i.1. The development fights shall bc considered as interests in real property
and bc transferred in portions or as a total as provided in this section.
Once used, the residential development rights shall not bc used again and
the residential development rights or thc subjcct-,%~: lands providing them
shall bc considered severed forever.
2.2.24.11.2. The transfer of development rights to bc uscd..rre~ n~n ST !and :ha!!
r.~ c~'.~: ....... ~ ~..~ ..... c'r ~.n.~ ^^.~ shall bc subject to all ofthc
requirements of the basic zoning district To which they arc transferred
unless spcci tically approvcd othcn. visc as provided by law.
2.2.24.11.3. The minimum area of~-.T- land eligible for the transfer ofdcvclopmcnl
rights shall bc equal 1o the minimum lot size for the scndinR zone. For the
purposc. s of this section, legal non-conforming lots of record may hc
eligible to transfer density, with the minimum area oflhc rccelving land
equal to the area of the legal non-conforming lot ofrccord~
t.,.~ excluding submerged land.
2.2.24.11.4. Upon the approval of the transfer of residential development fights rcr
ET !and by a super majority vote of the Board of County Commissioners,
the property owner of the ~T-scnding land shall dedicate in fec simple the
land to the county or a state or federal agency; however, the lands may bc
dedicated in fee simple to a private, not-for-profit conservation or
environmental organization in accordance with F.S. § 704.06, as amended,
with the approval of the Board of County Commissioners.
2.2.24.1 i.S. The maximum number of'residential units which may be requested rr~m
ST !and '~c ncn ST !and shall be compilcd on the basis of the permitted
density pursuant to the underlying zoning category of the g-T-sending land.
2.2.24.11.6. Maximum number of residential units which eligible ncn ST lands may
receive.
I. Non ST ! Lands in all residential zoning districts and residential
components of Planned Unit Development ~x~
15, nnd RT zoning districts arc eligible to receive residential
development units provided that the maximum number orresidential
units which may be transfe~ed to the ~n ~T receiving land does not
exceed 10 percent of the maximum number orresldential units
petitted under the receiving propeny's basic zoning cfthe P.~.~F 5
and P.~.~F 12 districl~ cr t:n Fercent crib: m:x~m'em n'~mS:r
DT ~:~.~. =: .~ ......... ~' For the pu~ose ofdete~ining the
number of residential units which non ETa parcel of land is capable
of receiving, the following fomula shall apply:
RSF-I through RSF-5 districts, up to and including 5 Units per
acre:
Words ~truck ~ ..... ~ are deleted; words underlined are added.
Units per base density x 10% = .! to .5 units per acre
RMF-G district, tip to and including six units per acrc:
6 units x 10% = .6 units pcr acre
RMF-12 district, scvcn to and including 12 units per acrc:
12 units x 10%= 1.20 units per acre
RMF-16 district:
16 units x 5% = .gO units per acrc
RT district:
16 units x 5% = .80 units pcracrc
26 units x 5% = 1.30 units per acre
PUD district;
Residential tract units x 5% = permitted units per acre
2. For the purpose of calculating the final fractional rcsidcntial unit
of the total number of residential units eligible for transfcr to an
non ET prcp:,"t,' eligible parcel of land, the following shall apply:
Any fractional residential unit shall be conveiled upward if one-
half or more of a whole unit, or downward if less than one-halfof a
whole unit, to the nearest whole unit value.
2.2.24.12. Procedure for obtaining transfer of residential development rights. Any
owner of ST eligible land may apply for a transfer of development fights
either separately or concurrently with rezoning, zoning ordinance
amendments, preliminary subdivision plat or development plan. Prior to
the approval of any transfer of development fights or the issuance of any
building permits in connection with the use of any transfer of development
fights, the petitioner shall submit the following information and data, as
applicable to the petition, to the development services director for his
review and subsequent action by the Board of County Commissioners.
1. Name and address of&l: property owner of sending land.
2. Name and address of nan ST property owner of receiving land.
3. Legal description ofg-T-sending land from which transfer of
residential development fights is petitioned.
4. Survey ofET prepe:'ty sending land from which transfer of
residential development fights is requested.
5. Legal description cn non ST ofreceiving land which receives the
transfer of residential development fights.
6. Survey ofthe non ST land which receives the transfer of
residential development fights.
Words ctruck thrcugh are deleted; words underlined are added.
-11-
7. Three copies of an executed deed of transfer ofowncrship oflhc
sencling property to the county or a stale or federal agcncy; however,
Ihc lands may bc dedicated in fcc simple to a private, not-for-profit
conservation or cnvlronmcntal organization in accordance with F.S.
704.06, as amended, with the approval of the Board of County
Commissioners in a form apprnvcd by the county attorney.
8. Thc r~r-owncr of the scndin~ land shall provide a guarantcc. agreeable
to and approvcd by ordinancc of the board of county commissioners,
that the-S-l: sending land will bc utilized only for lhC purposcs
increasing public recreational and/or cducatlonal opportunities.
creation of linkaT~cs bctwccn public or pfivatc open space, protcctio~l
of critical habitat/ecosystems, or other public purpose as specified in
the ordinance of adoption, fore. vet reta!,".ed !n !t: .".:t'.:'r:! :er:dit!e.". and
wi)! never k.. de:'~o ,ed ............ h., .......
..... ·
~:"'FC~O ......... "t ........... ,
.............. I ............... I ...... ' ............. ' .......
.J .....:~..1 ~.~; ........... ~ ........f ^r..^,: ......... ,:^. Such a
guarantee shall bc recordcd with thc clerk ofthc circuit court orCo!lier
County, Florida as a rccordcd rcstriction ofthc usc orsuch land and
shall bc binding to all prcscnt and subscquent owncrs, hcirs, or assigns
of such propcny. Such rcs~riclinns may not be amcndcd, dclctcd, or
othcnvisc altcrcd, cxccpt by a maiority votc ofthe Board. of. Cou. nty
Commissioners.
2.2.24.13. Time/imitations on Bottrd of CounO, Commissioner's approval of trt:nsfer
of residential development rights or attthorization to proceed with the
processing of a buihHng construction permit. The Board of County
Commissioners' approval of a transfer of residential development fights or
Ihe ~ .... ~ .......... :~-' planing seaices director's authorization to
proceed with the processing of a building or construction pc~il shall bc
valid so long as such approval is pcmittcd by law. ~e failure to act on
the paa of the petitioner to cxcrcise the transfer of residential development
rights or obtain and cxc~cisc an authorized building or construction petit
within the lime period provided by law shall automalically tc~inatc such
approval and the county shall bc held hapless from any damages a~sing
out of the pctitioncr's failure to act.
2.2.24.14. ~qucntial use of residential traits approvcd for transfer ~' the Boanl of
Cottn0' Commissioners. Upon Ihe issuance of any pemit for th~
construction of residential unit(s) upon ~n~n 8~ ~receiving !and, the
firsl residential units built thereon shall be considered to be the residential
units npproved for transfer by Ihe Board of County Commissionc~ ~
transfer, and the succeeding residential units constructed shall be
considered Ihe residential units pcmitted under the basic zoning district
regulations.
,e ....~ .......... : ....~: ..... ;. ,~ ....c ........ afthi: :~ticn may
SUBSECTION 3.C: AMENDMENTS TO OFF-STREET PARKING AND LOADING
DIVISION.
Words ctruck "u ..... ~ are deleted; words underlined are added.
-12-
Division 2.3, Off-Street Parking and Loading, of Ordinance No. 91-102, as amended, Ihc
Collier County Land Development Code, is hereby amended to read as follows:
DIVISION 2.3 OFF-STREET PARKING AND LOADING
2.3.10. Developers of commercial projects located within comm~rclal zoning
districts, business park districls, or a commercial component of a PUD
zoning district, which require a minimum or 80 parkin~ spaces. ~roviding
paved off-street surface parking in excess of 120% of the requirements of
this code shall request a varlancC in accordance with Section 2,7,5..T~.~
developer shall be required to provide double the landscar~in~ required
inte~or vehicular use areas, ~--~ .... :"~ as required by s~tion 2.4.5.2 for
those projects r~questing such a yaRdnee .... :'J
SUBSECTION 3. D: AMENDMENTS TO LANDSCAPING AND BUFFERING.
Division 2.4, Landscaping and Buffering, of Ordinance No. 91-I02, as amended, the
Collier County Land Development Code, is hereby amended to read as follows, including the
addition of Figure l, Sight Distance Triangles and Figure 2, Signage Adjacent to Landscape
Buffer:
DIVISION 2.4 LANDSCAPING AND BUFFERING
Sec. 2.4. I. Title and citation.
This division shall be known and may be cited as the "Collier County Landscap_eh~ Code."
Sec. 2.4.2. Purpose and intent.
The purpose and intent of the landscape code is to.'
aD promote the health, safety, and welfare of residents of Collier County by establishing
minimum uniform standards for lhe installalton and maintenance of landscaping;
b) Io improve the aesthetic appearance of commercial, industrial, and residential
developments through the requirement of minimum landscaping in ways that harmonize
the natural and built environment;
c_l. to promote preservation and planting of native plants and plant communities;
d_.) to provide physical and psychological benefits to persons through landscaping by
reducing noise and glare; v cad
eD screening and bufFer~ the harsher visual aspects of urban development;
D to improve environmental quality by reducing and reversing air, noise, heat, and
chemical pollution through the preservation of canopy trees and the creation of shade and
microclimate;
~ to reduce heat gain in or on buildings or paved areas through the filtering capacity of
trees and vegetation; and
h_3 to promote water conservation by encouraging the use of native and drought-tolerant
vegetation and properly zoned irrigation system through xeriscape.
Sec. 2.4.3. Procedures.
Words ztruck ~ ..... ~ are deleted; words underlined are added.
-13-
2,4,3,1, Ltmdscape plan required. Prior to the issuance of any preliminary
subdivision plat, final site development plan, or building permit, an
applicant whose development is covered by the requirements of this
section sh:sll suhmit a landscape plan Io the ~ planning services
director. The landscape plan shall be prepared by and bear the seal of a
Llandscapc _Aarchitcct registered in the State of Florida, ~r ethe,".':!r.:
I''~1'"'~'' '*J I'~ .................."' .......I"~1''''~ ...........I'~ I .........' ~ .......~ ....'
................. I ..... '.,
.~ '~n, ...... ~ ~t ..,~ ..... ^.~s,: ....... ~ The landscaping required for
sin~ic-Family. Iwo-Family. and mo~ilc home dwelling units shall bc shown
on the building permit plot plan. This plan is no~ required Io bc prep,red
by and bear the sc:,l of a landsc;,pe archilecl.
The landscape plan shall be drawn to a suilablc scale, include dimensions,
north arrow, date, title, project owncr's name. delineate Ihc cxisling and
proposed parking, vchicul*',r use areas, buildings. access points. and
roadways, shaw all utility lines or casements, and show the location of
cxistin~ and proposed planting areas and vc~:ctation communities and
designate them by species name. The code-required landscaping shall bc
highlighted or indicated on the plan to diffcrcmiatc from Ihc applicant's
provided landscaping that i.~ in addition Io Ihat required by Ihls code.
Design crcativity is encouraged so long as it meets the intent oF this code.
The plan shall show the location or permanent vc~ctation protection
devices, such as barricades, curbing, and trcc we!Is. The plan shall also
include a char~ indicating graphic plant symbol. botanical and common
name, quantity, height. spread, spacing, native status, droughl tolerance
rating (as defined by "Xeriscapc Plan Guide Ii" published by South
Florida Water Management District, West palm Beach, FL) and lype o1'
mulch. The plan shall show Irce and palm stakln~: derails per acccptcd
industry practices and standards. In addition, a labulalion of the code-
required landscaping indicating the calculations necessary Io insure
compliance with this code shall also appear. Na ',:':: .":-T-'!:~ '--'nd::
.... :^" '.a ..... :,~. ~.,~ .... :...~, :':ce[v: eA certificate ot' occupancy
shall not be issued until v.'i'.~a'..". :~i~: approval ol':u:~ Jhc landscaping
plan and ~ installation oF plants and mmcrials consistcnt with that
approvcd plan has bccn completed and inspected by the County.
2.4.3.2. /rr/~ion p/a, r~qub'~d. Prior to the issuance of any
subdivision plat or final site development plan. an applicant whose
development is subject to the requirements oF this section shall submit
separate irrigation pl:,n to the da'.'~!aFm~n'. plannin~ services director. The
plan shall be prepared by persons qualified to prepare irrigation plans.
such as an irrigation designer or landscape architcct.
The irrigation plan shall be drawn at lhc same scale as the landscape plan
to: ~ ~'.:'[:--.b!: ::a~; show c×isting vegetation to remain; delineate c×isting
and proposed buildings and other site improvements, parking spaces,
aisles, and driveways; indlcatc main. valve, and pump locations. pipe sizes
and specifications; show controller locations and specifications; show
back,low preyenter and rain-scnsin~ devices and include a typical
sprinkler zone plan indicating type, specifications and spacing. and
coverage. IFdrip irrigation or seeker hoses are proposed, their layout shall
bc shown.
Irrigation systems shall be designed to avoid impacts with cxistin~
vegetation. Field changes may be made to avoid disturbance o1' such
vegetation, such as line routing, sprinkler head placement, and spray
direction adjustments.
Words struck ~ ..... ~ are deleted; words underlined are added.
-14-
2.4.3.3. Existing pl(titl co,t,tttllitic.f. Existing plant communities and ccosystcms
shall be maintained in a natural state and shall not bc required to be
irrigated. Native plant areas that arc supplements Io an existing plant
community or ncwly installed by the developer applicant shall bc i~gatcd
on a Icmpora~ basis only during Ihc period of establishment from a
tcmpora~ i~igation syslcm, water track, or by hand waiting wilh a hose.
2.4.3.4. Cttltix.atcd ht,dscapcs. Cultivated landscape areas shall bc provided with
an automatic i~igatlon system to improvc the su~ivability of the required
landscaping. Sprinkler heads i~igating lawns or other high water demand
areas shall be c~reu~t~d zoned ~ scparatc~ ~
from those i~gating trees, sh~bbcW, ground cover, ~owc~, or other
rcduccd watcr rcquircmcnt areas. Automatically controllcd i~gation
systems shall be operated by an i~gation controller that is capablc of
watc~ng "high water" requirement areas at different frcqucncics and
duration than "low water" requirement areas. Landscaping shall bc
watered on an as-nccdcd basis only.
I~igation systcms shall be designed for thc zoning of high and low water
usc arcas, a~ tlcads shall he designed for 100 percent head-to-head
coverage er t.~e ~u~v,~e.~t .rcr Fcrc~ F~Fe ~)'~tem~ unless spccificd by thc
manufacturer. These requirements may bc adjusted for retention areas.
The i~igation syslcm shall bc designed and installcd in accordance wilh
the Flo~da l~gation Society, Standards and Specifications for Turf and
Landscape I~gation Systcms (as amended). l~gation systems utilizing
well water shall be designed and maintaincd in a manner which eliminates
staining of the building, walks, walls, and other site improvements. All
systems shall be designed to eliminate the application of wat~ to
impewious areas. bigation systems, other than d~p or soakcr hose
systems, shall be operated between the hours of midnight and 10:00 a.m.,
unless the opemtlon of multiple zones requires additional time. South
Florida Water Management District (SF~D) or other utility company
water use restrictions shall supersede these requirements. There am no
operational requirements rot i~igation syslcms utilizing c~uent.
All new residential, commercial, and industrial dcvclopmcnts shall bc
i~igated by the use oFan automatic i~gation system with controller set to
apply water in a manner consistent with this division. Moisture dctcction
devices shall be installed in all automatic sprinkler systems to ovc~idc the
sprinkler activation mechanism during periods of incrcased rainhi1.
Where existing i~igation systems arc modified rcqui~ng the acquisition of
a pc~it. automatic activation systems and ovc~ding moisture dctcction
devices shall be installed in compliance with this division.
2.4.3.5. btstallatio,. Prior to the issuance oFany certificate of~cupancy for a use
required to provide landscaping and i~gation in accordance xvith this
section, all required landscaping and i~gation shall bc installed and in
place as set out in the plans approvcd under subsections 2.4.3.1 and
2.4.3.2. All plant matc~als must be installed in accordance with accepted
landscape practices in the area and meet thc plant martial standards
contained in Section 2.4.4. Plant matc~als shall be installed in soil
conditions that are conducive to the proper growth of the plant matc~al.
Words struck '~ ..... ~ are deleted; words underlined are added.
l. imerock Iocalcd within plantin~ areas shall bc removed and replaced
with native or growin~ quality soil before planlin~, A plant's growth habil
shall bc considered in advance of conflicts which might arise (i.e. views,
signage, overhead power lines, lighting, circulation, etc.). Trees shall not
hc placcd whcrc they interfere with site drainaBe, suhst,rfacc utilities, or
overhead utility lines, or wbcrc they shall require Frequent pruning in order
to avoid interferences with overhead power lines. Trees shall not bc
planted in areas that retain excessive quantities or water or will require
excessive amounts of fill placed over lhc root system that will affect Ihc
health orthc trcc species. Required landscaping shall not bc placed within
casements withoul written approval From all entities claiming an interest
under said cascmcnl.
All required landscaping shall be installed in accordance with plans
approvcd under section[s] 2.4.3.1 and 2.4.3.2. Landscaping within a
subdivision development shall be guaranteed by a subdivision completion
bond in accordance with division 3.2 governing the final platting of
subdivision.
All required landscaping shall be maintained in a hcallhy condition in
perpetuity as per the approvcd building and site plans. Code
Enforcement may investigate deficiencies in approved landscaping ancl
institule corrective action to insure compliance with this code.
In instances where an act of God or conditions outside the control of the
applicant have prevented immediate installation, the developmere
planning services director, if Furnished with a statement which includes
good and sufficient evidence that states that the required planrings will be
installed when conditions permit, may issue a temporary certificate of
occupancy. If the required planrings are not installed when conditions
permit, then the county may revoke the certificate of occupancy.
2.4.3.6. Pru,ing. Vegetation required by this code shall only be pruned to
promote healthy, uniform, natural growth of the vegetation except where
necessary to promote health, safety, and welfare and shall be in
accordance with "Pruning Standards {Revised 1988)" of Ihe National
Arborist Association. Trees emJ-r, ho,~ shall not be severely pruned in
order to permanently maintain growth at a reduced height or spread.
installation. Severely pruned trees shall be replaced by the owner. A
plant's growth habit shall be considered in advance of conflicts which
might arise (i.e. views, signage, overhead power lines, lighting,
circulation, e~. side~valks, buildings, and similar conflicts).
2.4.3.7. Maintena,ce. The owner shall be responsible for the continued
maintenance and upkeep ot' all required landscaping so as to present a
healthy plant in a condition representative of the species. Tree and Palm
stakin~; shall be removed between 6 and 12 months after installation, All
landscapes shall be kept flee of refuse, debris, disease, pests, and weeds
and shall be fertilized and irrigated to maintain plants in a healthy
condition. Special maintenance requirements necessary to preserve the
landscape architect's design intent shall be noted on.the planting plan.
Ongoing maintenance to prohibit the establishment of prohibited exotic
species is required. Any plant materials of whatsoever type or kind
required by these regulations shall be replaced within 30 days of their
demise and/or removal. "' .... ': ........ :^^- Code Enforcement will
inspect areas affected by this code and issue citations For violations. If the
required corrective action is not taken within the time allowed, the county
Words ^~ .... " ~ ..... ~
............. ~,, are deleted; words underlined are added.
-16-
tony use any available means efenforcemcnt to secure compl~-'t TIx'sc
shall include, hut not he limited Io 1he following:
I. Proscculinn bcG~rc Ihc Cnllicr Cnunly C~k Enf~ ~;
2. Prosccution by thc Statc Attomcy's O~cc ~ ~vid~ by. FloHa
Statutes;
3. Withholding of any permit, construction plan approval. c~ificatc
of occupancy. or inspcction by Ihc county;
4. Placing a lien on the pr, pcny, to inchtic all administrative. legal.
matcrial and installation costs.
Sec. 2.4.4. Plant material standards and inslallation slandards.
2.4.4.1. Quality. Plant materials used to meet the requirements oflhis section shall
meet the standards for Florida No. I or better, as set out in Gradcs and
Standards for Nursc~ Plants, pan I and pan It, Depaament of
Agricultural, State of Florida (as amended). Root ball sizes on all
transplanted plant materials shall also meet statc standards.
At least 75 percent of the trees and 50 pcrccnt of thc shrubs used to fulfill
these requirements shall he native Southern Floridian species, as
dele~ined by accepted valid scientific reference. For site~ that are north
and east or U.S. Highway 41, at least 35 percent of the shrubs used Io
fulfill these requirements shall be native Floridjan species, as alerefined
by accepted valid scientific reference. "Native Trees and Shrubs for
Collier County List" is available for reference. For proposed land
development proiects on coastal shorelines an~or undeveloped and
developed coaslal ba~ier islands, all required landscapin~ shall be
percent native Southern Flofdian species.
In addition, for all sites, at least 75 percent of the trees and shrubs used to
fulfill these requirements shall bc drought-tolerant species as listed in the
Xcriscapc Plant Guide and Native Trees and Trees for South Florida
(IFAS). Reference to be used in the native dete~ination may include, but
not be limited to:
Long. R.W., and O. Lakcla, 1976. A Flora orTropical Florida.
Small, J.K., 1933. A Manual of the Southeastern Flora.
Wundcrlin. R. P., 1982. Guide to the Vascular Plants of Central Florida.
Where xeric plants arc to bc utilized, use the Soulh Florida Water
Management District, Xcriscapc Plant Guide (as amended) as a retrcnce.
2.4.4.2. Trees a,d Pnlms. All required new individual trees. shall be specics
having an average mature spread or crown of greater than 20 feet in the
Collier County area and having trunk(s) which can be maintained in a
clean condition over five fcct of clear wood. Tr~ adjacent to walkwa~,
bike paths and ~ht-of-ways shall be maintained in a clean condition ov~
8 feet of clear wood. Trees having an average matu~ spread or cmx~ l~s
Words struck '~ ..... h are deleted; words underlined are added
-17-
than 20 feet may be substituted by grouping Ihc same so as to create the
equivalent of 20-foot crown spread. r-~ ..... .~ ....r ,~,,__ ~r m~r:
....... ~ ......... c=neF;, .... . .......... ; .............. ~ ......
~ For c~c-r~uir~ trc~, at lc~t 5Q pc~cnt or the tr~
at the time of installation shall he a minimum often fc~ in height, have a
~ 3/4-inch cali~ (at ~2 inches a~vc the ground) and a Four-foot spread.
The r~ainin~ c~c-rcquircd Irccs, at the time of installation, shall bc at
lc~t eight fcct in height, bavc a I I/Z-inch calipcr (at 12 inches ~bovc thc
~round) and a three-foot spread. ~ ~;"; ..... r~n ..... , ~t,k .....
A ~rounin~ o~ three (~) ~a]m trees will hc the equivalent oFonc (I) tree.
Exceptions will hc made ~or ~oystonca spp. and Phoenix sp~ (.~o~
indudin~ roehelen!i) which .sh=Ti count One (1) palm For one (I)
Palms m=y be substituted For up to ~% oF required tr~cs. Palms must
have a minimum often (10') Feet .oFclcar t~nk at p)~ntin~,
All new trees, including palms, shall be oF a species having an arcrage
mature height o~ ] 5 ~cct or greater.
2.4.4.3. Trcc ,%~ccic~ ~ix. ~hcn mere lhan ten (] ~) trees arc required to bc
planted to meet the requirements oE this Code, a mix oF ~pccics shall
provided. The number oF spccics to hc planted shall va~ accordin~ to the
overall number o~ trees required to he planted. ~e minimum number oF
species to b¢ pla~d a~ indicated
REQUIRED SPECIES MIX
REQUIRED ~MBER OF MINIMUM ~MBER OF
TREE~ SPECIES
11-20
21-30
31-40
41+
2.4.4.~. Shr,bs aml hedges. Shrubs shall be a minimum of 24 inches in height
above the adjacent pavement surface required to be buffered and/or
screened when measured at time of planting, grown in a three-gallon
container, and be spaced 18 to 36 inches on center. ~ey shall be at least
36 inches in height within 12 monlhs of time of planting and shall be
maintained at a height of no less than 36 inches above the adjacent
pavement required to be buffered and/or screened in peteruby, except for
visibility at intersections and where pedestrian access is provided.
Hedges, where required, shall be planted in double staggered rows and
maintained so as to fo~ a continuous, unbroken, solid visual sc~en
within a minimum of one year after time of planting. ~ere buffering
and/or screening is required, shrubs shall be planted and maintained at a
height as specified in section 2.4.7.4 of this code, except where street
visibility is required. Double staggered rows of hedges shall be required
only in type D buffers.
2.4.4~$. Grou,d covers. Ground cover shall be installed in a manner which
presents a finished appearance and complete coverage. Stone, gravel, or
Words ~ .... '- ~ ..... ~
............. ~,, are deleted; worcs underlined are added.
:my artificial ground covcr shall not hc ulilizcd For more than 20 pcrccnt of
thc landscapcd arca. Usc or n;~tivc ground covcrs is cncouragcd.
2.4.4.f,~_. Orgttnic m,h'h rctluirrmc,t.v. A lwo-inch minimum layer a~cr watering-
in of organic mulch shall be placed and maintained around all newly
installed trees, shahs, and ~round covcr plantin~s. Each trcc shall have a
rin~ oF organic nmlch no less than 12 inches bcyond ils trunk in all
directions. No marc Ihan 25 pcrccnl hy vnlumc or Ihc mulch used on a
site may hc cypress mulch.
2.4.4.6~. /,,w, ~rass. Grasscd areas shall hc plnntcd with spccics no~ally 8town
in pc~ancnt lawns common to the Collicr County area. Ginssod am~
may hc sodded, plu~cd, sprinted, or sccdcd providcd solid sod shall bc
used in swalcs or other areas subject to erosion and providcd runher, in
arcas where othcr than solid sod or ~rass sccd is used, nu~c~rass seed
shah hc sown For immediate ~round covcm~c until pc~ancnt covcra~c is
achicvcd. The use ordrou~ht-tolcrant species is advised.
2.4.4.~. ,S'itc-.~cc~c ~hml malcrifll. Trccs and othcr vc~clation shall bc planled
in soil and climatic conditions which arc appropriate For thcir gro~h
habits. The ~=v:~G~mcnt n!annin~ sc~iccs director shall rcvicw and
approvc land plans based on the rollowin~ critc~a. Rcquircd plants used
in the landscapc design shall bc:
2.4.4.~.1. Appropriate to the conditions in which thcy arc Io be planted (including
drought, salt and cold tolcrance).
2.4.4.~.2. Have noninvasive growth habits.
2.4.4.~.3. Encourage low maintenance.
2.4.4.~.4. Be othenvisc consistent wilh the intent of this division.
2.4.4.9. Non code trees. The followjaR plant species may be planted but shall not
count towards required code lrees:
2.4.4.9. I. Eucalvntus s~D. (eucalyptus).
2.4.4.9.2 Grcvillea robusla (silk oak).
2.4.4.10. Co,trol species. The followin~ plant species shall not be planted wilhin
500 feet orconse~ation easements and retained natural vegetation areas:
2.4.4. I 0.1 Broussoneti a papyri fera {paper mulbe~)
2.4.4.102 Wedella lrilobata - {wedella).
2.4.4.81~. Prohibitedspecies. The following plant species are ~r~ki~it~ Shall not be
planted:
2.4.4.811.31. Entcrolobium cycloca~um (cur tree).
words struck '~ ..... ~ are deleted; words underlined are added.
-19-
2.4.4.81 l.F,2. Mclia azedarach (Chinat~erry tree).
2.4.4.811.83. Bischofia javanica (bishopwood).
2.4.4.811.~),4. Scacvola Crutesccns tAustralian inkberry).
'~ .q t 1~ Ifl C,,-,,,.,; .......;_; I I..,,,,
2.4.4.811.4-35. Dalbergia sissoo (Indian rosewood).
2.4.!.~q.!~.. r: ....t ..........~ .....~ ........
2,4.4.] l.~. ~apium schife~m (C~inese talbw tree).
2.4.4.11.7. Ardisia clliptica (shoe button ardisia).
This list shall be subject 1o revision as exotic plant species are determined
to be noxious, invasive, cause environmental degradation to native
habitats, or to be detrimental to human health, safety, or !he public
wel fare.
2.4.4.91.~2. Prohibited exotic species. In addition to the prohibitions outlined in
section 2.4.4.811, the following species or seeds thereof shall not be
grown, offered for sale, or transported inter-county or intra-county.
2.4.43) !--2. !. Melaleuca spp. (punk tree).
2.4.4.O1-2.2. Schinus terebinthifolius (Brazilian pepper).
2.4.4.~1-2.3. Any member of the family Casuarinacaeae (Australian pine).
2.4.4.q I-2.4. Rhodomyrtus tomenlosus (downy rosemyrtle).
2.4.4.12.5. Dioscorea bulbifera (air potato).
2.4.4.12.6. Colubrina asiatica {lather leaf).
2.4.4.12.7. Lvgodium spp. (c!imbintt fem)~
2.4.4.12.8. SVzyKium cumini (Java plum}.
2.4.4.12.9. Mimosa pigra (catclaw mimosa).
2.4.4.12.10. Acacia auriculiformis (earleaf acacia).
2.4.4.12.1 I. Albizia lebbeck (Women's tongue).
2.4.4.12.12. Ficus microearpa (laurel fig),
2.4.4.t-01--3. Existing phmt material. In meeting the requirements of landscaping, the
a .... t ...... planning services director may permit the use of healthy
native plant material existing on-site. In so doing, the ~e;'ebFmen:
planning services director may adjust the application of the standards of
these regulations to allow credit for such existing plant material, provided,
he may not permit the reduction of required percentages of a landscaped
area or reduction in numbers of Irces or shrubs required, unless otherwise
allowed pursuant to section 2.4.4. I1. Removal of vegetation is subject to
the vegetation removal, protection, and preservation section (division 3.9).
Words ctruck '~ ..... ~ are deleted; words underlined are added
All ncw dcvclopmcnt shall rctain cxisting native vegetation to thc
maximum extent possible. Existing native vegetation shah bc retained
tillleSS slorn~walcr Itl;Inagcnlcnl design. necessary grade changes, required
infrastructure or upprovcd construction ~ootpdnts necessitate its rcmoval.
The nccd to remove existing vegetation shatl bc demonstrated by the
applicant as a par oF the sitc/constmction plan rcvicw proccss. Areas o~
rctaincd vc~clalinn sh:tli hc prcsc~'cd in thcir cntircly wilh ~II trccs,
un:Icrsto~, and ~round covers Ic~ intact and undisturbcd provided that
prohibited exotic plant materials as dc~ncd hcrcin arc to bc rcmovcd.
Durin~ const~ction, all reasonable steps ncccssa~ Io prcvcnt the
dcstruclion or d;.na~i,~ oF cxisfin~ vegetation shall hc taken. No excess
soil, additional fill, cquipmcnt, liquids, or construction debris sh~li bc
placed within the dripline oF any vegetation that is required to be
prcsc~cd, or that will hc crcdilcd towards the required landscaping.
Protcctivc ba~icrs shall hc installed and maintained beyond the dripline o~
all rctaincd vc~ctation unless sitc impmvcmcnts prohihil inslallalion oF
h~nicrs beyond !he dripline, ~nd sh~ll remain in phcc For the duration oF
the construction proccss phase.
2.4.4.~14. Trcc ~rc3c~adon credits. Existing Irccs may bc credited Iowards meeting
Ihc miuimum Ircc planting requirements according to the Fo~ula in table
2.4.4. Fractional measurements shall bc attributed to the next lower
categoS.
TABLE 2.4.4. CALCULATION OF TREE PRESERVATION CREDITS
E'~istin~ Crov. n Diameter of Tree
Spread or 4.5 Feet Above Number of
Preserved Trees or Natural Grade - Tree ('r~di~.
50 feel or treatcr or 2h inche~ or gnalrr - ~.~.
40 to 49 fee! or 20 to 25 inch~,
30 to 39 feet or 13 to 19 inches -
20 ~o 29 feet or g to 12 inche~ = ~11._~*
I0 to 19 feet or 2 to 7 ,nc~ -
Less ~an I0 ~eet or I I/2 to 2 inc~
*Credited against equivalent required ~ee only.
2.4.4.glj. Trees exchMed from presen'ation credit. No credit shall be given for
prese~ed trees which:
2.4.4.4415.1. Arc not located within the areas of the property for which trees are
required by the code;
2.4.4.4415.2. Are located in required natural preservation areas indicated on an
approved master land use plan, site development plan or plat;
2.4.4.4415.3. Are required to be preserved by federal, state or local law, such as
mangroves;
2.4.4.4415.4. Arc not properly protected from damage during the construction process,
as provided in section 2.4.4.10;
2.4.4.4415.5. Arc prohibited species identified in scction 2.4.4.8;
2.4.4.4415.6. Arc dead, dying, diseased, or infcstcd with harmful insccts;
Words struck ~ ..... ~ are deleted; words underlined are added
-21-
2.4.4.14lj.7. Arc located in recreation tracts, golf courses or similar subareas within
planned developments which .qre not intended 1o be developed for
residential, commercial or industrial use (unless abutting said use, and the
required buffer width is dedicated on the plat as a landscape buffer
easement); or
2.4.4.-!~15.8. Are not located within the boundaries of the parcel.
L4.4.4-~ 1...~6. Safe sight dista.ce tria,gles tit intersection a.d access points. {Refer to
FiRure I, Si~4ht Distance Trian~,.Ics} Where an accessway intersects a
right-of-way or when a properly abuts the intersection of two or more
rights-of-way, a minimum safe sight distance triangular area shall be
established. Within this area. vegetation shall be planted and maintained
in a way that provides unobstructed visibility at a level between 30 inches
and eight feet above the crown of lhe adjacent roadway. Landscaping
shall be located in accordance with the roadside recovery area provisions
of the State of Florida Department of Transportalion's Manual of Uniform
Minimum Standards for Design, Construction, and Maintenance of Streets
and Highways (DOT Green Book) where appropriale.
Where an accessway enters a right-of-way, two safe distance triangles
shall be created diagonally across from each other on bolh sides of the
accessway. Two sides of the triangle shall extend ten feet each way from
the point of intersection from the edge of pavement and the right-of-way
line. The third side of the triangle shall be a line connecting the ends of
the other two sides.
Words struck ~ ..... "are deleted; words underlined are added.
-22-
Whcrc a propcrty abuts Ihc intcrscction or two rights-or-way, a safe
elistance triangle shall bc created. Two sides of the Irianglc shall cxtcnd
25 fact along the abutting; right-of-way lines, mcasurcd from the point of
intersection. The third side or thc tri;nBIc shall hc a line conncctinB the
ends or thc othcr two sides.
FIGURE 1: SIGHT DISTAl'ICE TRIANGL,~.~
Sireat Pnvement
, 10' -~ :~ 10' :'J
I I I
I I I
f Accessway i
Right. Of Way
I WcI',< ,~.,~.~~ ( rap. Line)
P
LandsasiDe .- ~
Bu far
· ... ....~. ..: i · ,~,~,,~r~.~,~
I
Trion
Cross ~sab;T;ty ..... t
(Shaded Areas)
Pork;n9 or Other Vehlculot
Use AreO
I I
Street
S ale I Extensior~s of Rk;hts
25'
Tr;ongles of Requlree4~
Pcrklng or Other Veh;culor Use tea ' *
2.4.4.17. ~Yi£na~,e located within/ad/acent to LandsCape BujTer r~rea. All trees and
shrubs located within landscape buffer shall be located so as not to block
view of signage as shown in Figure 2, Signage Adjacent to Landscape
Btfff'er. Where specimen trees exist, the .signage setback location may be
administratively reduced per the requirements of Division 2.5. Code
required plantings shall progress in height away from the street.
Words struck through are deleted; words und~r~ined are added.
-23-
FIGURE 2: S~GNAGE ADJACENT TO LANDSCAPE BUFFER
2.4.4.4418. Landscape herms. All perimeter landscape bcrms over two Feet in height
shall mcct or cxcccd the minimum standards as set Forth hcrcin. All
grasscd bcrms shall have side slopes no grcater than Four to one. Berrns
planted with ground cover and landscaping shall have side slopes no
greater than three to one. The toc of the slope shall bc set back a
minimum offire Feet From the edge orall right-of-way and property lines.
Existing native vegetation shall be incorporated into the bcrms with all
slopes Fully stabilized and landscaped with trecs, shrubs, and ground
cover. Landscape bcrms shall not bc placed within casements wi[hout
written approval From all entities claiming an interest under said casement.
Sec. 2.4.5. Minimum landscaplng required for vehicular use areas.
2.4.5.1 ,qpl~licabi/ity. The provisions of this section shall apply to all new off-
street parking or other vehicular use areas. Existing landscaping which
does not comply with the provisions of this code shall bc brought into
conformity to the maximum extent possible when: the vehicular use area
is altered or expanded except For rcstriping of lots/drives, the building
square footage is changed, or Ihe structure has bccn vacant For a period of
90 days or more and a request For an occupational license to resume
business is made. These provisions shall apply to all developments with
the exception or single-Family, two-Family, and mobile home dwelling
units, and dwellings on individually platted lots. Any appeal From an
administrative determination relating to these regulations shall bc [o Ihc
board orzoning appeals or equivalent. Prior to issuing occupancy permits
for new construction, implementation and completion of landscaping
requirements in off-street vehicular facilities shall bc required. Where a
conflict exists between the strict application of this division and Ihc
requirements for the number of ofT-street parking spaces or area of off-
street loading Facilities, the requirements oFIhis division shall apply.
2.4.5.2. Lamlscaping required in interior o.[ ve/ricu/ar use areas. At least ten
percent of the amount of vehicular use area on-site shall bc devoted to
interior landscaping areas. The width or all curbing shall be excluded
From the required landscaped areas. All interior landscaped areas not
Words ~truek ,4 ..... ~ are deleted; words underlined are added
-24 -
dcdicatcd to trees or Io prcscn'ation of cxisting vcgctntion shall bc
landscaped wiffi grass, ground cover, shrubs or other landscape Ircalmcnl.
One trcc shall bc provided For every 250 square fcct of required interior
landscaped arca. Interior landscaped areas shall bca minimum of' five rcct
in width and 150 square Fcct in area. Thc amount or required interior
landscape area provided shall bc shown on all preliminary anti final
landscape plans.
All rows of parking spaces shall contain no more than ten parking spaces
uninterrupted by a rcquircd landscapcd island which shall incasure inside
the curb not less than cight rcct in widlh and at Icast eight rcct in length
and at least !00 square fcct in area. At least onc tree shall be planted in
cach island. Thcsc islands sh;tl] not bc uscd as rctcntion areas or as
swalcs. Landscape islands for compact car parking areas shall be at least
seven fcct in width and at lea.,;t tO0 square rcct in arca. Thcsc tree
rcquircmcnts shall hc met with existing nativc Irccs whenever such trees
are located within the parking arca and may bc rcasibly incorporated into
the landscaping. Where ¢xistin~ trees arc retained in landscape islands,
the amount of par.king spaces in that row may bc increased to I
i~t:nce ~.E:H A parking stall bc n._9o Farther Ihan 50 rcct from a tree,
measured to the trcc trunk, Intcrior landscaping areas shall serve to divide
and break up the expanse of paving at strategic points and to providc
adequate shading of the paved :trca. Perimeter landscaping shall not bc
crcdhcd toward interior landscaping.
Interior landscaping areas shall bc provided within the interior or all
vehicular use areas. Landscaped areas, wall structures, and walks shall
require protection from vehicular encroachment through appropriate wheel
stops or curbs or other structurcs.
Interior ]andscaping areas shall meet the requirements of division 2.4.3.5,
2.4.3.6, and 2.4.3.7. Alternative designs may be approved that achieve
equivalent results sub.~cct to approval by the" .... ' ...... planning
services director.
2.4.5.3. i/c/tictt[ar ovcrl~a,g of lantlscapc areas. The Front or a vchiclc may
overhang any landscaped area a maximum of two feet, provided the
landscaped nrca is protected by motor vehicle wheel stops or curbing.
Two fcct of such landscaped area or walkway may bc part of the required
depth of each abutting parking spaces. Walkways shall bca minimum of
five Fcct in width ira vehicle is to overhang the walkway.
2.4.5.4. Green space rcqtt/red in s/lopping centers aml frecstamling retail
cslal~lisltments widt fliToar area greater l/tan 40,000 sqttarc fcet. An area
that is at least seven percent of the size of the vehicular usc areas shall bc
developed as green space within the Front yard(s) or courtyards of
shopping centers and retail cstablishmcnts and shall bc in addition to the
building perimeter planting area requirements. The courlyards shall only
bc located in areas that arc likely to bc used by pedestrians visiting Ihc
shopping center and retail establishment. The seven percent green space
arca shall bc in addition to other landscaping requirements of this division,
an4 may bc uscd to mcct the open space requirements (section 2.6.3.2),
and shall be labeled "Green Space" on all subdivision and site plans. The
interior landscape requirements of these projects shall be reduced to an
amount equal to five percent of the vehicular use area on sitc. Grccn space
shall bc considered areas dcsigncd For cnvironmcntal, scenic or
noncommercial recreation purposes and shall be pedestrian-fricndly and
aesthetically appealing. Green space may only include the Following:
Words ...... ~- '~ ..... ~
............. =,, are deleted; words ~nderlined are added.
lawns, nmlch. dccorutivc plantjags, nonprohibhcd exotic trees, walkways
within the interior of the green space area nol used for shopping.
Fountains, manmade watercourses (but not water retention arcas), wooded
areas, park benches, silo lighling. sculptures, gazcbos, and any olhcr
similar items that the fle;'e!oF..-,en: planning services director deems
appropriate. Green space shall include: walkways within the interior of
Ihc grecn space area nol used For shopping, a minimum of one root orpark
bench per },{]{)(} square Feel of buihling area, and a minimum of one tree
For each 250 squarc feet of green space area. The green spacc area shall
use existing trees where possible and landscaping crcdils will be allowed
as governed by table 2.4.4, The green space areas shall be located in are~
Ihal are in close proximity to Ihe relail shopping area. Benches may also
be located in interior landscaped areas and 75 pe~ent or benches may be
Ioca~cd adjacent to the building envelope along paths, walkways and
within arcades or malls.
See. 2.4.6. Minimum l,andscaping requirements.
Landscaping for all new development, including single-family, two-family, multifamily and
mobile homc dwelling units, shall include, at a minimum. the number or trees set ro~h below.
Arcas dedicated as prosexes and consolation areas shall not be counted to meet the
requirements of this section. Existing trees and other minimum code required landscaping may
bc credited to mcct these requirements pursuant [o subscctlon 2,4.4.l 1. Trees shall meet the
requirements of section 2.4.4.2. Existing residential dcvclopmcnt Ihat does not mcct Ihc
minimum landscaping requirements or this codc shall bc required to install the required
landscaping before a cc~i~catc oroccupancy is granted for any improvements to the propcRy,
2.4.6.1. Residential (::0= =:;:hbra:;riD9 developments. One canopy tree per 3,~
square feet of lot area, or two canopy trees per lot, whichcver is greater,
with the maximum number required: 15 trees per lot.
2.4.6.2. r.../ .....;,.l .....I ..........:.1 ,I ....I ........~ ......... . ...... c ~n
Mzdt~m~ilF d~'Clo~mCnts. One canopy tree p~ 2,~ ~uare feet or
pcn, ious site area excluding prcscwcs. ~is is in addition Io other
requirements.
2.4.6.3~. ]fidustrial and commercicd del,elo~ments. One canopy trccper 3,000
~qua.rc Fcct of pc~ious site area, or one. cBnopy Irec per lot, whichever is
greater.
2.4.6.~. Liuoral zone picturing. All developments that create lake areas shall
provide littoral zone planrings or emergent, aquatic vegetation in
...... b.,;~.~ Section 3.5.7.2.5.
2.4.6~5~ Buihling perimeter phmtings. All shopping center, retail, o~ce,
apaRments, condominiu~s, Chubhouses and similar uses shall provide
building perimcter planlings in the amount of ~ IO~ square feet per
1,000 square feet of proposed building grc; grOUnd level floor area.
These planting areas shall be located adjacent to the building and shall
consist of landscape areas, raised planters or planter boxes that are a
minimum of 5 Feet wide. Water management areas shall not bca par of
this 5 Foot planting area.
See. 2.4.7 Minimum landscape buffering and screening between uses.
words struck th ..... ~ are deleted; words underlined are added
-26-
2.4.7.1. P, rl~osc a,,d #'nfcnt. The purpose and intcnt of establishing landscape
buffering and screening is In.'
a_.). reduce the potential incompatibility of adjacent land uscsr..;
b_} conserve natural resources and maintain open spaccT i
~ protect established residential neighborhoods, and enhance
community ;dcntityL .- !n ~dditicn, :h--' Fu.'Tc:~ =.-.d 5nt.-nt cf thk-.
d} improve the aesthetic appearance of commercial, industrial, and
rcsidcntia] dcvc]opmcms through the requirement of minimum
landscapin~ in ways that harmonize the natura] and built
environment;
c) promote preservation and planting of native plants and plant
communities;
.Q provide physical and psychological benefits to persons through
landscaping by reducing noise and Blare; ~
~J scrccni,,~ and huffcr~ the harsher visual aspects or urban
development;
h} improve environmental quality by reducing and reversing air,
noise, heat, and chemical pollution through the preservation or
canopy trees and the creation of shade and microclimate;
i) reduce heat gain in or on buildings or paved areas through the
filtering capacity of trees and vegetation; nP, d
i} promote water conservation by encouraging thc use of native and
drought-tolerant vcgctation and properly zoned irrigation systems
through xcriscape.
In order to minimize negative effects bctwccn adjacent land uses, this
division promotes the use of landscape buffers and screens to eliminate or
minimizc potential nuisances such as dirt, litter, noise, lights, unsightly
buildings and structures, and off-street parking and loading areas.
Additionally, buffers and screens provide spacing and landscaping to
reduce potentially adverse impacts of noise, odor, or lighting. Buffering
refers to a strip of land separating adjacent !and uses, whereas screening
refers to fences, walls, herins, trees, shrubs, or a combination of these
screening devices on the buffer strip.
2.4.7.2. /f/~/~/ic~bi/iO,. The buffering and scrccning shown in table 2.5.2.._.~4 shall bc
required under this section and shall apply to all new development.
Existing landscaping which does not comply with the provisions of this
section shall bc brought into conformity to the maximum extent possible
when: the vehicular use area is altered or expanded except for restriping of
lots/drives, the building square footage is changed, or there has been a
discontinuance of use for a period of 90 consecutive days or more and a
request for an occupational license to resume business is made.
Where a proper~y adjacent to the proposed use is: (1) undeveloped, (2)
undeveloped but permitted without the required buffering and screening
required pursuant to this code, or (3) developed without the buffering and
screening required pursuant to this code, the proposed use shall be
required to install the more opaque buffer as provided for in table 2.4.
Where property adjacent to the proposed use has provided the more
opaque buffer as provided for in table 2.4. the proposed use shall install a
type A buffer.
Where the incorporation of existing native vegetation in landscape buffers
is determined as being equivalent to or in excess of the intent of this code.
Words struck ~ ..... ~ are deleted; words underlined are added
-27-
the de~ pl;Innins4 services director may waive tile planting
rcquiremcnls of Ibis section,
Buffering and landscaping between similar residential land uses may be
incorporated into the yards of individual lots or tracts wilhout Ihc
mandatory crcution oFscparat~ tracts. If buffering and landscaping is to
located on a lot, it shall bc shown as an casement for buffering and
landscaping.
Thc huffcring and scrccning prnvisinns of this codc shall be applicable at
thc timc orplanncd unit devclopmcnt (PUD), preliminary subdivision plat
(PSP), or site development plan (SDP) review, with the installation or the
buffering and screening required pursuant to section 2.4.3.5. Where a
more intensive land use is dcvclopcd contiguous Io a properly within a
similar zoning district, the de-va~m¢~', planning services director may
require buffering and screening the same as for the higher intensity uses
between those uses.
Landscape buffering and screcning standards within any planned unit
development shall conform to the minimum buffcling and screening
standards of the zoning district to which it most closely resembles. The
dc':e,~e.~,',e,".', planning services director may approve alternative landscape
buffering and screening standards when such alternative standards have
been determined by use of professionally acceptable standards to bc
equivalent to or in excess oFthc intent of this code.
2.4.7.3. Stu#ulards. Unless otherwise noted, all standards out[ined in section 2.4.4
shall apply. Trees and shrubs shall be installed at the height specified in
section 2.4.4.2.
Water management systems, which shall include retention and dctcntion
areas, swales, and subsurface installations, shall bc permitted within a
required buffer provided they arc consistent with accepted engineering and
landscaping practice and the following criteria:
I. Water management systems shall not exceed 50 percent or the
square rootage or any required side, rear, or front yard landscape
buffer.
2. Water management systems shah not exceed, at any location
within the required side, rear, or Front yard landscape buffer, 70
percent of the required buffer width. A minimum 5 fool wide
level planting area shall be maintained where trees and hedges are
required.
3. Exceptions to these standards may be granted on a case-by-case
basis, evaluated on the following criteria:
a. Water management systems, in the form of dry retention,
may utilize an area greater than 50 percent of the buffer
when existing native vegetation is retained at natural grade.
b. For lots of record 10,000 square feet or less in size, water
management areas may utilize an area greater than
percent of the required side and rear yard buffers. A level
planting area of at least three feet in width shah be provided
in these buffers.
words struck t,hroug,% are deleted; words underlined are added.
4._:. Sidewalks and other impervious areas shall not occupy any part of
a required Alternative A, B, C, or D type buffer, cxceot when:
a. Driveways and sidewalks are constructed pcrpcndicu|ar to
the buffer and pr.qvitfing provide direct access to the parcel
b_,. Parallel meandering sidewalks occupy the buffer and ils
width is increased by the equivalent sidewalk .width.,
c_. A required 15-20 foot wide buffer is reduced to a minimum
of 10 feet ,.vide and iS increased by the 5-10 fool equivalent
width elsewhere along that buffer.
2.4.7.4. T~7~es of buffers. Within a required buffer strip, the following alternative
shall be used based on the matrix in table 2.4.
Alternative A: Ten-foot-wide landscape buffer with trees spaced no more
than 30 feet on center.
Alternative B: Fifteen-foot-wide, 80 percent opaque within one year
landscape buffer six feet in hcighl, which may include a wall, fence.
hedge, berm or combination Ihercor, including trees spaced no more than
25 feet on center. When planting a hedge, it shall bc a minimum of I('1
gallon plants i5 Feet in height, 3 .feet in. spread and Spaced a minimum 4
feet on center at planting.
Alternative C: Twenty-fool-wide, opaque within one year, landscape
buffer with a six-foot wall, fence, hedge, or herre, or combination Ihereof
and two staggered rows of trees spaced no more lhan 30 Feet on center.
Alternative D: A landscape buffer shall be required adjacent to any road
right-or-way, external to the development project. The minimum width of
the perimeter landscape buffer shah vary according to the ultimale width
of the abutting right-of-way. Where the ultimate width orlhe fight-or-way
is zero to 99 reel, the corresponding landscape buffer shall measure at least
ten feet in width. Where the ultimate v,'idth of the right-of-way is IO0 or
more feet, the corresponding landscape buffer shall measure at least 15
feet in width. Developments of 15 acres or more and developments within
an activity center shall provide a perimeter landscape buffer of at least 20
Feet in width regardless or the width of the right. or-way. Activity center
right-of-way buffer requirements shall not be applicable to roadways
internal to the development.
Trees shall be spaced no more than 30 feet on center in the landscape
buffer abutting a right-of-way.
A hedge of at least 24 inches in height at the time of planting .and attaining
a minimum of 3 feet height within one year shall be required in the
landscape buffer where vehicular areas are adjacent to the road right-of-
way, pursuant to section 2.4.4.3.
The remaining area of the landscape buffer shall consist or existing native
vegetation, grass, ground cover, or other landscape treatment.
Landscaping within a fight-of-~vay shall not be applied to meet the
provisions of this code. Every effort should be made to retain and
incorporate the existing native vegetation in these areas.
Words ...... '- ~ ..... ~
............. ~,, are deleted; words underlined are added.
TABLE 2.4 TABLE OF BUFFER REQUIREMENTS BY
LAND USE CLASSIFICATIONS
Adjacenl I'ropenics l)istncl
F,.hjcct
District/Use I 2 .t 4
I. A~rScullurc(Ail · I! It B IIIt A A A A D A
2. Rcsidcntial if{. R.%Ft
smile-family A A II II II B B C B · D B '
3. Residential
RMF-I 2. RMF-I 6) ~l-
lifamily A
4 Residential tourist
5. Villa[efestd~tial(VR) A A[l flA[~ B B B * D II -
6 Mobileho~fMII) A II IIIIII AIIB [I * I) IIII
1. Com~ial~ (C-I, C'-I~,
C-2. C-3, C~.
Business Park CBP) A B B D B B A A A
g. Indusl~al~(I) A C B B B B A Az A * [) B B
9. Public u~ ~P),
unicyfaeility(CF). A
GolfCour~ Club~ug
10. H~nned unit devel~p-
I I.Vehicularn[hls~f-way D D D D D D D D
12. Golfcou~minlenance ~ B B B B B B B B B B A B
buildinK
13. Golfcou~
~e letter listed under "Adjacent Prope~ies District" shall ~ the landsca~ buffer and
screening aRomatire required. ~e "-" s)~l shall r~resenl ~at no buffer is requital.
~e PUD dispel buffer, due
symbol. and shall be based on the landscape buffer and ~reening of ~e dis~ct or use
wi~h the most similar ~es, densities and intensities of use. ~ere a conflict exists
bctween the buffering requiremenls and the yard requirements of this code, Ihe yard
requirements of the subject zoning district shall apply.
~Buffering in agriculture (A) districB shall be a~[icable at the time of site development
plan (SDP) submittal.
~lndustrial (D zoned propony, where abutting industrial (l) zoned prope~, shall
required 1o install a minimum ~ve-f~t-wide ~ A landsca~ buffer adjacent to the side
and rear prope~ lines. ~is area shall not ~ used for water management. In add lion,
[rees may be reduced to 50 feet on center along rear and side ~meter buffen only.
~is reduction in buffer width shall not apply to buffen adjacent Io vehicular fighis-of-
way or nonindustrial zoned prope~.
~Buffer areas between commercial outparcels localed within a shopping center may ~ a
shared 10' wide. ~is does not apply to right-of-way buffers.
SUBSECTION 3. E: AMENDMENTS TO THE SUPPLEMENTAL DIST~CT
REGULATIONS DIVISION
Division 2.6, Supplemental DistHor Regulations, of Ordinance No. 91-102, as
amended, Ihe Co[lier County Land Development Code, is hereby amended to read ~ follows:
Words struck ~ ..... ~ are deleted; words underlined are added.
Division 2.6 Supplemental District Regulations
2.6.2.2. ACCESSORY STRUCTURES ON WATERFRONT LOTS AND GOLF
COURSE LOTS
Setbacks
Structure to
Front Rear Side Structure(if detached)
4. Swimming pool and/or screen
enclosure (one and two-family) SPS l0 feet* SPS N
*20 feet where swimming pool decks exceed 4 feet in height .above top of .seawall or
top of bank.
12. Attached Screen Porch SPS 10 feet*_ SPS SPS
*:~0 fe~ where floor or deck of porch ¢.x. ce. ed.s. 4..feet in height above top Of seawall or
top of bank.
2.6.7. Parking and Storage of Certain Vehicles.
2.6.7.3. Parking of commercial vehicles or commercial eqttipment in residential areas.
2.6.7.3.1. It shall be unlawful to park a commercial vehicle or commercial equipment on
any lot in a residential zoning district unless one of the following conditions
exists:
(I) The vehicle and/or equipment is engaged in a construction or service operation on
the site where it is parked. The vehicle or equipment must be removed as soon as
the construction or service activity has been completed.
(2) The vehicle and/or equipment is parked in a garagev cm"'per:, or fully enclosed
structure or carport which is structurally or vegetativeIy screened and cannot be
seen from a.~[iacent properties or the street serving the lot.
(3) The vehicle is parked in the rear of/he main structure and is enclosed
within a vegetative screening which conceals the vehic]e from the view of
neighbors.
(4) Automobiles; passenger type vans; and pickup trucks.~ having a rated load
capacity of one ton or less: ..all .ofwhich do not exceed 7.5 feet in height, nor 7.0
feet in width, nor 25 feet i.n.I.e. ngth shall be exempted from this section unless
otherwise prohibited by a special parking overlay district.
(5) Exempted from this ~ectio~ is small commercial equipment Such as ladderS and
pipes which cannot be contained in the vehicle. Said equipment shall be limited to
one ladder or one unit of pipe which does not exceed twelve f! 2) inches in
diameter per commercial vehicle. Said equipment shall be secured atop the
vehicle and shall not cxten.d beyond the length, height Or width of the vehicle.
words otruck through are deleted; words uDderlined are added.
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SUBSECTION 3.F: ADDITION OF ARCIIITECTURAL AND SITE DESIGN
STANDARDS AND GUIDELINES
Article 2, Zoning, of Ordinance No. 91-I02, as amended, the Collier County Land
Development Code, is hereby amended to add Division 2.8. to read as follows:
DIVISION2.8. ARCtlITECTURAL AND SITE DESIGN STANDARDS AND
GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS
2.8.1. Purpose and Intent. The purpose of these standards and guidelines is to
Supplement existing development criteria with specific criteria that apply to the
design of commercial buildings and proiects. Commercial devel0pm. enlg
depends on high visibility from maior public streets. In turn, their design of
buildingfs) and site determines much of the image and attractiveness of
streetscapes and character of a community, Massive and/or generic
developments that d0 not contribute to, or integrate with, the community in a
positive manner can be detrimental to a communi_ty's image. and sense of
placer. The goal is to create and maintain a positive arabianee and strong
CommUnity image and identity bY providing for arChitectUral and site de~ilm
treatments which will enhance the visual appearance of commercial
development in Collier County, while still providing for design flexibility,
These standards iar.e intended to enhance the quality of life in Collier County.
The prominent styles of architecture in Collier County include: a blend of
Spanish Mediterranean with barrel tile roofs, stucco facades, arches and wood
accent members used as typical details; Florida Cracker style. which includes
metal roofs and covered porches; and Bermuda/Island Regency which includes
white tile roofs with stucco facades and quoins used as typical details, W.hile
no particular style of architecture is prohibited herein, the above referenced
individual styles, and the interpretation or blending of characteristics
associated with these styles are encouraged,
These standards and guidelines incorporate a basic level of architectural design
with site design features which incorporate safe and convenient vehicular use
areas and pedestrian ways, and landscape. lighting and signage treatments
intended to resuR in a comprehensive plan for building design and site
development consistent with the goals, policies and obiectives of the Collier
County Growth Management Plan and the purpose and intent of this code.
These regulations are intended to promote the use of Crime prevention
Through Environmental Design (C.P.T.E.D.) principals including: visibility -
visibility for law enforcement and other people in the area; natural
surveillance - placing areas of activity where they can be seen by law
enforcement and the public; and , defensible space - designing areas which
people will take as their own and not be willing to relinquish this space other
undesirable activities.
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 as provided below:
words struck '~ ..... ~ are deleted; words underlined are added.
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2.8.2.1 Renm'atinns and Redevelopmeat: In the case or addilions or renovations Io, or
redevelopmeat or, an existing building.or .project, wherC..lhe...cost or such
addition, renovation, or redevelopmeat exceeds fifty (50) percent or the value or
the existing structure(s), or twenty {20) percent nf the square foolage of {he
existing structureS, the provisions of this division shall apply,
2.8.2.2. Distantlaureate: The provisions of section 1.8.3.3. of this code dn not apply.tO
the provisions of section 2.8. which require structural alterations and are
superseded by Ihc following. Where the use of a structure ceases for any reason,
except where. governmental actinn imps.des access tn the premise~, for a pericx.l
of more than three hundred and sixty-five consecutive days, the provisions of
this code which may require structural aberations shall be adhered to prior to re-
o.c. cupancy 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 one hundred and eighty consecutive days.
2.8.2.3. Required Site Development or Improvemen! Piere. Compliance with the
standards set forth in this division shall be demonstrated by submittal of
architectural drawings and a site dcvch~pmcnt p{an or site improvement plan in
accordance with division 3.3 of this code.
2.8.2.4. lljustmtion.~: Iljustrations provided in division ~.8. arc intended to provide a
graDhie example of a specific provision or provision.~ set forth heroin,
Variations from these iljustrations which n. onetheless adhere to the provisions of
this division, are encouraged.
2.8.3. Architectural and site design standards and guidelines for commercial
buildings and proiects with a gross buildins area of twenty-thousand
(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 atrd 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 Sta,dards. 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 differer., 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...fiv¢ {5) feet in width with limited
access (See Iljustrations I & 2 below).
words struck through are deleted; words under~ined are added.
[lhL~lrulion I
qcP Z- HAy ~-~
Don'T
Iljustration
2.8.3.1.4. Parkin~ for Single Use Pro/eels. Single use projects shall be designed to
adhere to the following standards:
a) Interior lots. No more than fifty (50) percent of the 0ff-.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 where no parking is provided between a
primary facade and an abutting right-of-way or nav, igahle watenvay, then
the minimum set back from the right-of-way shall he a minimum of forty
(40) feet. (see Iljustration 3 below).
words ~truck throuc~h are deleted; words underlined are added.
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!ljustrallon 3
Corner lots. No more than ci~htv (80).perC{;nt of the off-street parkin_~
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 sixty-five (65) percent or the required parking, or where no
parking is provided between a primary facade and an abutting right-of-
WaY or navigable waterway, then the minimum set back from the right-
of-way shall be a minimum of for~y ('40) feet. (See Iljustration 4 below}.
Words $truck '~ ..... ~ are deleted; words ..underlined are added.
2.8.3.1.5. Parkin.~ Strttctttre Standards: A minimum of sixty (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 ligh!ly.-tint.ed glass, where perlesir;art
oriented businesses are located along the fa. cade 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);
'dords z~.:':.:clr. ~'~ ..... ~- are delet:edt words underlined are added.
d) art ~r architcclural trcalmcnt such as sculpture, mosaic, glass
~p'.aquc art glass, n;lief work, or similar features; ~r,
c) vertical trellis or other landscaping or pedestrian plaza arca~
c. - Oecole.,%TIV e: At. CNrr~ef./'ue.4L
t~tlu..t t,..~o/'z.K f~tEA? M~T
Illusfralion 5
2.8.3.2.. Ijghting
2.8.3.2.1 Pttrpose and bttent. 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 fix~ure.s shall
be integrated and designed sO as to enhance the vilSual impact of the proiect on
the community.
2,8.~.2.2, Shiel(iing ,ftandards. LiEhtinE shal! b~ .desiened f,o ~ to prevent dintel glare,
light shillage and hazardous interference with automotive and _ocdestrlan Iraffic
~n adjacent streets and all adjacent properties.
2.8.3.2.3. F/xtttre height start(tar(Is. Lighting fix. lures. shall be a maximum of Ihirty ('30)
feet in height within the parking lot and shall be a maximum of fifteen (15) feet
in height within non-vehicular pedestrian areas (see Iljustration 6 below).
',qords cr.r~c}; ~.hrG~h are de:].et:ed; words under3.~-ned are added.
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!lht~ratlon 6
2.8.3.2.4. Design standards, Lighting shall be used to .acCent key architectural elements
and/or to emphasize landscape features. Light fixtures shall be designed as an
integral desiSln element that complements the design of the project through style,
material or color.
2.8.3.3.. Loadinc. storage, mechanical equipment, solid waste disposal fa¢ilitlCs and
~thrr f, rrv~e fundlon areat
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. BulTering 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, truck parking. recycling, roof top
equipment and other service function areas shall be fully screened and out of
view from adiacent properties at ground view level when located along primary
facades or within view of residentially zoned properties.
2.8.3.3.3. Materials and design standards. Screening material and design shall be
consistent with design treatments of the primary facades of the commercial
building or project and the landscape plan.
2.8.3.3.4. Drive-through window standards. Drive-through windows and lanes shall be
designed to adhere to the following standards:
I. 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 proiect 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
Words struck '~ ..... ~ are deleted; words underlined are added
and covering the service window(s). Such slructure shall he integrated
structurally and architecturally into the design of the building.
2. Only a single drivcqhrough lane is permitted unless associated with a free
standing restaurant under fifteen hundred (I,500) square feet which may
utilize double drive-through lanes. Where double drive-through lanes arc
provided, an area Iocaled between the drive-ffirough lane and the hullcling,
averaging five (:5) fcct in width and equal to a minimum of twenty (20)
percent of the aggregate linear fi~ntagc of the hulldinR envelope shall he
landscaped with trees, palms, shrubs and groundcovers, excluding grass.
2.8.3.4. Pedestrian Walkwa~,'s
2.8.3.4.1. Purpose and iraeat. To provide safe opportunities for alternative modes of
transportation by connecting with existing and future pedestrian and bicycle
p!'.hways within the county and to provide safe passage from the public right-of-
way m the commercial building or projt.x:t, and between alternative modes of
transportation.
2.8.3.4.2. Pedestrian access standard.t Pedestrian ways, linkages and paths shall be
provided from the building entry(s) m 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 saf¢ manner,
Pedestrian ways may be incorporated within a required landscape perimeter
buffer, provided said buffer is not less than ten (I0) feet in width on average,
Shared pedestrian walkways are encouraged between adjacent commercial
projects.
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 (5) feel
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 cross~twlks at buiMing perimeter. Building perimeter crosswalks
shall be designed and coordinated to move people safely to and from buildin~
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
walkway exceeds one-hundred (100) linear feet in length at a ratio of one
hundred (100) square feet of shaded area per every one-hundred (I00) linear feet
of walkway.
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 patterns that provide visual interest from
~he perspective of the pedestrian; reduce masslog aesthetic; recognize local
character, and be site responsive. Facades shall be designed to reduce the
Words struck tkrcu~h are deleted; words Underlined are added.
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masS/scale and uniform monolithic appearance of large unadorned walls, whilr
providing visual interest Ihat will hc consistent with the community's identity
and character through the use of detail and scale. Articulation is accomplished
hy varying Ihc huildin~. mass in height and width so Ihat it appears to N~
divided into distinct massing elements and details Ihat can he perceived al the
scale of the pedestrian (see lljustration 7 below).
Corner lots at an intersection nf two or more arterial or collector roads shall N.
desip.,ned to emphasize their location. Buildings and structures on corner lots
shall he alesiC;ned with additional architectural cmhellishments, such as corner
towers, or other such design features, to emphasize their location as gateways
and transition points within Ihe community!
.E. LLVAT~_q.
ELEv
PLAI',.J NJcn"T'H,6
Iljustration 7
2.8.3.5.2. Bulldine Orientation Standards. Facades/elevations that are adjacent to an
arterial or collector street, or a navigable waterway, shall have either windows
along no less than fifty (50) percent of their horizontal length or a prima_ry
customer entrance alon~; said facades. Additional entrances and windows facin[,
additional abutting public streets, navigable waterways, or adjacent buildings
are encouraged. Buildine;s shall be oriented to maximize pedestrian access, use
and view of any adiacent navigable water bodies.
Words struck ~ ..... ~
...... ~. are deleted; words underline__dare added.
2.8.3.5.3. Facade/Wall tteight TranSition, New developmeals that..are located within thre~'-
hundred (300) feel of an existing building, .and are more than twice the heigh! of
any existing building wilhin three-hundred (300) feet shall provide transitional
massing elements m transition hetween Ihe exisling buildings of lower height wilhin
three-hundred (300) feet, and !he proposed development. The transitional massine
clement can be no me,re Ih;,n .no hundred (IO0) percent taller Ih:sn the average
height of the adiacent buildings (see lljustralion 8 below).
2.8.3.5.4. Facade standard. All primary facades of a building shall be designed with
consistent architectural style, detail and trim features. In the case of oUtparcel
building:s, all exterior facades shall adhere to the requirements of this division
with respect to architectural design treatments for primary_ facades~
2.8.3.5.5. Massi. g standards. Exterior facades shall be designed to employ the following
design treatments on the ground floor:
I.) No horizontal length or uninterrupted curve of.a building facade shall exceed
one-hundred (100) linear feet. For arcaded facades, no horizontal length or
uninterrupted curve of the dreaded facade shall exceed one-hundred and
twenty (120) feet, hut varied lengths are desirable. Projections and recesses
shall have a minimum depth of three (3) feet with twenty-five (25) percent of
these having a varied length with a minimum differential of one (I) foot (See
Iljustration 9 below).
Words struck ~ ..... ~ are deleted; words underlined are added
-41-
llh~ration 9
2 Exterior wall lans hal ot c seonti~te mr th n six 60 rcent f eac
aft cted round oor acade h wall lane shal be measur at one
~ wal.rs~e on ach si o wal
~ar facade on th round floor ..shall have features alona minimum
~ft 0 e c n ' or' oft I en the t id Th se f tu
'nc[ude b t~uare not I'mited t ' arcatde asi jmnmu f ' ht 8 ee el ar
~ windows- nt areas' r t c i n el nt
Awnines are excluded from thi calculaio ul s s iated wit
windows/doors an are 'n 'ncrement fte eetinlen t o less
2,8,3,5,6, Pro'e standards Both sin le and multi-use buildin and ro'ects shall also
be re uired to rovide a minimum of three of th followin buildin desi
treatm~ations I0 and I below:
a Cano ies or orticos inte rated with the buildin s massin and s le'
c Arcades minimum o eiht 8 feet clear in width'
d_.Z_.S.i~tured artwork;
eL.Raised cornicea. p. Eapets over doors;.
D Peaked roof formsi
h Dis Ia window'
i.). Ornamental and true ra architectural details ther than cornices' whi
are integrated into t~structure and over~
.D___Clock or bell towers; o~
~ other treatment~inion of th Plannin Services irector
meets the intent of this section;
words et-~r~k--t.-~:,~ are de].er. ed; words ~ are added.
LL~YAT~O tq
Words ~truck thrcugl~ are deleted; words underlined are added.
-43-
~- O"
Iljustration I 1
and one of the following site design elements;
a) Decorative landscape planters or planting areas, a minimum of five (5) feet
wide, and areas for shaded seating consisting of a minimum of one-hundred
(100} square feet;
b} Integration of specialty pavers, or.. stamped. concrete along the building's
walkway. Said treatmet: shall constitute a minimum Of Sixty (iS0} percent of
walkway area; or,
c) Water elements, a minimum of one-hundred and fifty (150} square feet in
area.
2.8.3.5.7. Detail Features
2.8.3.5.7.1. Purpose and intent. The design elements in the following standards shall b¢
integral pans of the building's exterior facade and shall be integrated into the
overall architectural style. T.hese elements shall not consist solely of applied
I~raphics. or paint.
2.8.3.5.7.2. Blank wall areas, Blank wall areas shall not exceed ten (I0) feet in vertical
direction nor twenty {20) feet in horizontal direction o.f any facade. Control and
expansion joints within this area shall constitute blank wall area unless used as a
decorative pattern and spaced at intervals of six (6) feet or less, Relief and
reveal work depth must be a minimum of one half {!/2) inch (see Iljustration 12
below).
Words struck '~ ..... ~ are deleted; words Underlined are added
-44 -
!ljustrati.n 12
2.8.3.5.7.3. Repeating Facade Treatments. I!uilding facades Shall include a repeatinl! pattern
and shall include no less Ihan three of the design elements listed below. At least
one of these design elements shall repeat horizonlally, All design elements shall
repeat at intervals qf no more Ihan Ihirty (30) feet, either horizontally or
verlically,
I. 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 twelve (12) inches in width, such as a reveal, an offset, or a
projecting rib (see Iljustration 13 below.};
~'T~'ur...."ru~ U
U,T-~,
llluslralion 13
5. Architectural banding;
6. Building setbacks or projections, a minimum of Ihree (3) feet in width on
upper level(s);or.
7. Pattern change
2.8.3.5.8. A&litional Facade Design Treatments For Mtthiple Use Bttildings.
Hords $truc]: -~ ..... "are deleted; words underlined are added
2.8.3.$.8.1 PittpoSe and hltent, The presence of buildings with multiple tenants crcate~
variety, breaks up large expanses of t,ninterrup!ed facades, and expands lh~.
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 Ihose 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 floor of the primary facades of such multi-use buildings shall, at a
minimum, utilize windows between the heights of three (3) feet and eis~ht {81
feet above the walkway grade for no less than fifty (50) 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 ('/2) 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. Parpose attd intent. To provide unified architectural design and site planning
between oVtparCel $t~CturCs anti the rnaitl ,~trut;:tur¢ On the site jn order to
enhance the visual impacl~. 0f. lh¢ Slr~JCtures a.nd 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 landseapina
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, c0.ntinuity 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.
2.8.3.5. I0. I . 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 lhe appearance and
attractiveness of the community. The following standards identify appropriate
roof treatments and features.
Words ~truck t~,rcugh are deleted; words underlined are added.
-46-
2.8.3.5.10.2. Roof edge attd parapet treatment. At a minimum of two localions, Ihe roof
edge and/or parapet shall have a vertical change from the dominant roof
condition, a minimum of three (3) feet. At least one such change shall be located
on a primary facade adiacent to a collector or arterial right-of-way (see
Iljustration 14 below),
klo'l' THI~
Iljustration 14
2.8.3.5.10.3. Roofs shall meet at least two of the following requirements:
I) 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'
(3) feet beyond the supporting walls with a minimum facia of eight (8)
inches;
3) Three or more roof slope planes per primary facade {see Iljustration 15
below);
Words ~ are deleted; words underline<~ are added.
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MULTI- PLANE
DO
tJOTTHI~
llltt~tration 15
4) Sloping roofs, which do not exceed the average height of the supportinE
walls, with an average slope greater than or equal to one (I) foot of vertical
rise for every three {3) feet of horizontal mn and less than or an average
slope equal to one (I) foot of vertical rise for every one {I) foot of
horizontal run;
3) Three-dimensional cornice treatment which shall be a minimum of twelw'
(12) inches in height with a minimum of three reliefs; or
Additional vertical roof changes with a minimum change in elevation Of
two (2) feet,
2.8.3.5.10.4. Prohibited roof t)Tes and materials. The following types of materials are
prohibited:
Asphalt shingles, except laminated, three-hundred-twenty {320) pound,
thirty (30) year architectural grade asphalt shingles or better;
2) Mansard roofs and canopies without a minimum vertical distance of eight
{8) feet and at an angle not less than twenty-five (25} degrees, and not
greater than seventy (70} degrees:
3) Roofs utilizing less than or equal to a two (2) to twelve (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 struck ~ ..... ~ are deleted; words underlined are added.
2.8.3.5.11.1. Purpose and Intent. Entryway design elements and variations are intended to
give protection from the sun and adverse weather conditions. These elements are
to he integraled into a comprehensive design style for the pr. oiect.
2.8.3.5.11.2. EntO'ways/Customer Elllrttnce St(tndtlr(/s. These standards identify aDDro_priate
entry features.
2.8.3.5.11.2.1Single Use Buildings, Single use buildings shall have clearly defined, highly
visible customer entrances which shall include the following:
a) An outd<~,r patio area adjacent m Ihe customer entrance, a minimum of two
hundred (2.00) square feet in area which incorporates the following.'.
.! ) benches or other scaring c,mponcnts;
2) decorative landscape planters or wing walls which incorporate
landscape. d areas; and
.3) structural or vegetative shading,
2.8.3.5. II .2.2. Multiple use buildings and projects. Multi-use ~;tructures shall include the
following:
I) AnChor tc.n. ams shall provide clearly defined, ..highly ...visible customer
2) A provision for intermittent shaded outdoor community ,pace at a
minimum of one (l) percent of the total gross floor area of the building
or commercial proiect. 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.
2.8.3.5.12. 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. Erieriot BuiMing 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 ashlot or rubble construction look.
2.8.3.5.12.2.2. Predominant exterior building material 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.
2.8.3.5.12.3. Predominant Erterior Color(s).
2.8.3.5.12.3.1 The use of black or fluorescent colors is prohibited as the predominant
exterior buildin~ color[s).
words struck t,hrcui,h are deleted; words underlined are added.
-49-
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 {10)
percent of the affected facade Segment, wilh a maximum trim height of twenty
four (24) inches total for its shortest distance,
provisions of section 2~8.1.5'.2. of this c~e ~hall ~'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 desi~
elements consistent with those employed in the stmcture's architerate and by
minimizing conflicts with on-site landscaping areas and vehicular use areas.~
2.8.3.6.2. Development s~ndards: In addition to the provisions set fo.h in division 2.5..
of this c~e, the following standards shall apply,
2.8.3.6.2.1. Unified Sien Plan: Where multiple on-nremise siens are oro~s~ for a sin~
Site or project, or in the case Of a ~hOppin~ center Or multi-use building. a
unifie0 signage plan Shall be employed, An applkation for Site Development or
Site Improvement Plan approval shall be accompanied by a graphic. aM
narrative representation of the Unified signage plan to be utiliz~ on the sit~
The unified sign plan may be amended and resubmitted for approval to re~e~
style changes or changing tenant needs. Design elements which shall t~
addressed in both graphic and narrative fore include;
a) Adherence with the provisions of division 2.5. of this c~ei
b) colors;
C) construction materials and method;
d) architectural design;
e) . illumination meth~;
copy style;
g) .sign type(s) and location(S); and,
g) 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 eighty (80) percent of the width of the
unit(S) occupied .by a business with a minimum of ten (10]
percent clear area on each outer edge of the Unit(s);
2) All wall signs for multi-use buildings shall be locat~ 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 prima~ 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 coson to those used
in the design of the building the sign is accesso~ to. A minimum
one-hundred (1~) 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 cMe (s~ Iljustration 16
below).
Words ~-t~ruck thrcugh are deleted; words underlined are added.
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(ZOMC~ALME~T OF'
ZO A~ IOO 9'c~ OF
rLANT AI~EA -1005,F.
Iljustration ]6
2.8.3.6.2.2. OtttparceL~: In addition to the above requirements, unified sign plans for
outparcels, regardless of the size of the outparcel, shall be limited Io 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 cenfer, not to exceed a
maximum of two wall signs for any single use; and,
b) a single ground or pole sign not fo exceed sixty (60) square feet. Pole signs
shall he limited to fifteen (15) reef in height~
2.8.3.6.2.3. Bittiding 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. Landscapin~ In addition to the requirements of section 2.4., "Landscaping and
Buffering" the following requirements shall apply.
2.8.3.7.1. Purpose attd intent: To provide enhanced landscaping within the vehicular anti
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 struck tkrougk are deleted; words underlined are added.
2.8.3.7.2. Landscaping. The following requirements, with the exception of buildin[:.
perimeter planrings, shall be counted toward the required greenspace and open
space requirements of division 2.4. of this code
I. At time of planting, trees in vehicular use areas shall be a minimum of
twelve (12) to fourteen {14) feet height with a six (6) foot spread ~-nd a two
and one- half {2~/,') inch callper and shall have a clear trunk area to a height
of seven (7) feet.
2. The first mw of landscape islands located closest to Ihe building front and
sides shall he landscaped with Irees, palms, shrubs and groundcovers and
shall have a clear trunk area to a height of seven (7) feet (see Iljustration 17
belowL
lllttstration 17
3. Tree and lighting locations shall he desi~:ned so as not to conflict with one
another (see Iljustration 18 below).
Words e~T~4~-~ are deleted; words underline~ are added.
2.8.3.7.3. Locational Requirements ['or BttiMing Perimeter Planting.$.. as Required by_
Section 2.4.6.5. oF;his code:
1. Perimeter landscap.e 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 ~truck ~ ..... ~ are deleted; words underlined are added.
F~,F~ItdroT~jL
FLA~,TINC__~
Iljustration 19
Words Dtruck tkrcugt, are deleted; words Underlined are added.
2. Building perimeters shall include planrings at a ratio or one-hundred (I00)
souare feet of plant,:rS per one-thousand (1.000) :;quare feet or building,
ground floor area. Planters shall either be raised or at ground level and be a
minimum of ten {10) feet wide. Seating courtyards, eating areas and plazas
may be incorporated within them (see Iljustration 21 beh,w).
l LllL...ptl,4&, ,FLAUTt
(GeA""T IN,. lz..T"('^t:::apr.,,
Illu.",;Irallon 21
2.8.3.7.4. Natural and Manmade Bodies of Waler lncludlng Retention Areas:
The shape of a manmade body of water, including wet retention areas, shall t'~.
designed to appear nalural by having off-sets in the edge alignment that are
minimum of ten {10) feet and spaced fifty (50) feet apart. All bodies of water,
including wet retention areas, exceeding 20,000 square feet in area, which art
located adjacent to a public right-of-way, shall be incorporated into the overall
design of the project in at least one of the following ways (see Iljustration
below).
Words ......
............. ~,, are deleted; words underlined are added.
·
Iljustration 22
]. Provide a five (5) root widc walkway with trees an average of fi~ty (50)
feet on center and shaded benches a minimum of six feet (6') in length or
picnic tables with one located every one-hundred-~ty (150') feet.
2. Provide a public access pier with covered str~cture and seating,
3. Provide an intermittent shaded plaza/courtyard. a minimum Of two
hundred (200) square feet in area, with benches and/or picnic table~
adjacent to the water body.
2.8.4. Architectural and site design standards and guidelines for commercial
buildings and pro~ects under twenty thousand (20,000) square feet in size.
2.8.4.1 Liehtine
2.8.4.1.1 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.
2.8.4.1.2. Shieldin.~ standards. Lighting shall be designed so as.to prevent direct glare.
light spilla~e and hazardous interference with automotive and pedestrian traffic
on adjacent streets and all adjacent properties.
Words struck throu~h are deleted; words Underlined are added.
2.8.4.1.3. Fixture height standards. Lighting fixtures shall be a maximum of thirty (30)
feet in height within the parking 1o¢ and shall be a maximum of fifteen (I;5) fee~
in height within non-vehicular pedestrian areas (see Iljustration 23 below).
/7x'.
Iljustration 23
2.8.4.1.4. Design standards. Lighting shall be used to 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.
2.8.4.2.. Loading, storage, mechanical equipment, solid waste disposal facilities and
other service function areas.
2.8.4.2.1. Purpose and Intent. To diminish, in a safe manner, the visual impacts of
service functions that may distract or have a negative impact on the streetscape,
landscape and/or the overall community image,
2.8.4.2.2. 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, truck parking, recycling, roof top
equipment and other service function areas shall be fully screened and out of
view from adjacent properties at ground view level when located along primary
facades or within view of residentially zoned properties.
2.8.4.2.3. Materials and design standards. Screening material and design shall be
consistent with design treatments of the primary facades of the commercial
building or project and the landscape plan,
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
Words =truck through are deleted: words underline~ are added.
buffer width required for the proiect and maintained along the entire length
of the drive-through lane between Ihe drive Ihrough lane and the adjacent
right-:,f-way. As an alternative to the vegetative buffer referenced above, a
permanent covered porte- cochcre 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 he integrated.
structurally and architecturally into the design of the building.
2. Only a single drive-through lane is permitted unless associated with a flee
standing restaurant under fifteen hundred (1,500) square feet which may
utilize double drivc-thn,ugh lanes. Where double drive-through lanes are
provided, an area located between the drive-through lane and the buildinp,
averaging five (5) feet in width and equal to a minimum of twenty (20)
percent of the aggregate linear foolage of the building envelope shall he
landscaped with trees, palms, shrubs and groundcovers, excluding grass.
2.8.4.3. Pedestrian Walkways
2.8.4.3.1. Pttrpose anti intent. To provide safe opportunities for alternative modes or
transportation by connecting with existing and future pedestrian and bicyclq
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 surroundinR streets, external sidewalks.
and outparcels. Pedestrian ways shall be designed to provide access between
parkinR 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 (I0) feet in width on average.
Shared 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 public vehicular entrance to a project, excluding ingress and egress
points intended primarily for service, delivery or employee vehicles.
2.8.4.3.4. Minimitre dimensions. Pedestrian walkways shall be a minimum of five (5) feet
wide.
2.8.4.3.5. Matedais. 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 one-hundred (100) linear feet in length at a ratio of ore.
hundred (I00) square feet of shaded area per every one-hundred (100) linear feef
of walkway.
2.84.4. Buildinl~ Design.
Words ee~seek~9~ are deleted; words underlined are added.
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2.8.4.4.1. PItrpose 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 palterns that provide visual interest from
the perspective of the pedestrian; reduce masslog aesthetic; recognize local
character; and be site resp~msive. Facades shall be designed to reduce Ihe.
mass/scale and unift~rm m~,mlithic appearance ~f large unad.rned walls, while
providing visual interest that will be consistent with the community'S identity
and character Ihrough the use ~f 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
scale of the pedestrian (see Iljustration 24 hch~w).
Corner lots at an intersection of two or more arterials or maior collector roads
shall he desi~z. ncd to emphasize their I.cati~n. Buildings and structures on
corner lots shall he designed with additional architectural embellishments such
as corner towers. or other such design features, to emphasize their location a~
gateways and transition points within the community.
ELE. VATt ON
N.T.e.
EL~VAT I 0 LL
N-T.~..
Iljustration 24
2.8.4.4.2. Bttildin~ Orientation Standards. At least two primary facades on buildings;
between 5,~ square feet and 19,999 square feet in gross building area shall
have either windows along no less than thirty-three (33) percent of their
horizontal length or a primary customer entrance abng said facades. For
Words ^~ .... " ~ ..... ~
............. =,, are deleted; words underlined are added.
huildings less than 5,000 square feet in area, the windows and primary
customer entrance may be located alnn~ a single primary facade. prnvided the
window and customer entrance areas are equal to the horizontal length of that
facade, and in aggregate, are equal to no less than twenty-five (25) percent or
the combined horizontal length of the two longest primary facades. Entrances
and windows on additional primary facades are encouraged. Buildings shall be
oriented to maximize pedestrian access, use and view of any adjacent navigable
water bodies.
2.8.4.4.3. Facade/Wall lleight Tran.~ition. New developments Ihal are located wilhin Ihree
hundred (3C,0) feet of an existing building, and are more than twice the height of
any existing building within lhrec-hundred (3fX)) feet shall provide transitional
masslag elements to transition between the existing buildings of lower height
within ~ree-hundred (300) feet, and the proposed development. The transitional
massing element can be no more than nne-hundred (100) percent taller than the
average height of the adiacent buildings (see Iljustration 25 below).
CaC. ALF, ~ RELAI'I O N. 5H IPTO
ADJ AC.EJ4T E..Xt"-JT II',,l~
~ 5T USE ~F STF.-f'I~-~ MA~51N6
NEj4___s ~. 'J~ J~' oF NF_[,~I GTRUCT~RE,
DO
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. In the case of
outparcel buildings, all exterior facades shall adhere to the requirements of Ibis
division with respect to architectural design treatments for primary facades.
2.8.4.4.5. Massin~ standards. Exterior facades shall be designed to employ the followinF
design treatments:
l.) 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 fifty (50) feet, with the maximum
being eighty (80) feet for arcades, but varied lengths are desirable. For
huildings under 10,000 square feet, no horizontal length, or
uninterrupted curve, of any primary facade shall exceed thirty-five (35)
Words struck through are deleted; words underlined are added.
feet, with Ihe maximum being sixty (60) Feet for arcadeS, but varied
lengths are desirable. PrOiecfions and recesses shall have a minimum
depth of eight (8) inches and a minimum width of Iwenty-rour (24)
inches...All huildings shall provide a minimum or one offset per public
street or navigable waterway.
2.1 For buildings between ,5,000 square feet and 19,999 square re.el in gross
building area. exterior wall planes shall not constitute more than fifty
(50} percent of each affected ground floor facade over thirty (30) feet,
The wall plane shall he 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 (6) feet clear in width, display windows, entry areas, Or
other such features along no less than thirty-three (33) percent of the
horizontal length for each primary facade, Awnings are excluded from
this calculation unless associated with windows/doors in increments less
than ten (I0) feet,
2.8.4.4.6. Project standards. Both single and multi-use buildings and proiects shall also
he required to provide a minimum of three {3) of the lollowing building design
treatments (see Iljustration 26 below):
.a) Canopies or porticos, integrated with the building'S massing and style;
b) Overhangs:
c) Arcades, a minimum of six (6) feet clear in width;
d) Sculptured artwork;
e) Raised cornice parapets over doors;
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 or bell towers; or,
k) Any other treatment which, in the opinion of the planning services director,
meets the intent of this section;
and one of the following site .d. esign elements;
a) Decorative landscape planters or plantinS1 areas, a minimum of five {5) feet
wide, and areas for shaded seating consisting of a minimum of one-hundred
(100) square feet;
b) Integration of specialty pavers, or stamped concrete along the buildings
walkway. Said treatment ,s.hall constitute a minimum of sixty {60) percent of
walkway area;
c) Water element(s), a minimum of one-hundred and fifty {150) square feet in
area;
Words =truck thrc~u~b, are deleted; words underlined are added.
-61
I-LI~YATIO I,,i
14,T.~.
ELEVATION S~.,TIO)4
Iljustration Z6
2.8.4.4.7. Detail Features
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
~:raphics. or paint.
2.8.4.4.7.2. Blank wall areas, Blank wall areas shall not exceed ten (I0) feet in vertical
direction nor twenty (20) feet in horizontal direction of any facade. Control and
}lords e~ are deleted; words underlined are added.
-62-
expansion joints within thi~ area shall constitute blank wall area unless used as a
decorative pattern and spaced at intervals of six (6) feet or less, Relief and
reveal work depth must be a minimum of one half (I/2) inch (see Iljustration 27
below).
__ IO-O 'VE..{~tCAt-, ~< ROt, az, o~TAL
'P'IAX tt'lur,,'t ELAvXk:;
Illu,~rallon 27
2.8.4.4.7.3. Repeating Facade Treatments, Building facades shall include a repeating pattern
and shall include no less than two of the elements listed below, At least one of
these elements shall repeat horizontally. All elements shall repeat at intervals of
no more than twenty-five (25) feet, either horizontally or verticallyt
I. 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 twelve (12) inches in width, such as a reveal, an offset, or a
proiecting rib (see Iljustration 28 below.};
5utt. Dtu:..~ I.-IN_L
ux4.
Iljustration28
............. ~,, are deleted; words underlined are added.
-63-
5. Architectural banding;
6. Building setbacks or projections, a minimum of three (3) feet in width, on
unner level(s):or,
7. Pattern change
2.8.4.4.8. Otttparcels.
2.8.4.4.8.1. Purpose attd intent. To provide unified architectural design and site plannin?
between outparcels and the main stn~cture on site in order to enhance
visual experience for the vehicular and pedestrian public, and to provide for
safe and convenient vehicular and pedestrian access and movement within
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 Omse t~,ed on
primary structure on site, These common design elements shall include
and materials associated with the main structure, When the use of comaxm ~rLII
side by side development occurs, contirmity of facades and ¢omol.lcht~_ed
for ~ev.Cral bUsiDes:sos on one DarkinR lot may be u.c, cd, O%ttt'~m;eh tl~
adiacent to each Other arc encouraged r~rovidc for vehicular ConneCtio~ ~
narkint, lots and provide for pedestrian interconnection. _CMpareeh ~ be
designed and inteerated with the main _proiecl,
2.8.4.4.9. Roo[ Treatments.
2.8.4.4.9.1. purpose and Intent. Variations in roof lines shall be used to _acIjJ interest to, at-!
reduce the massinK of buildings. ROof featUres Shall be in Scale with the
building's mass and complement the character of adjoining and/Or adi__'a,:em.t
buildings and neighborhoods. Roofing material Should be constructed of
durable high quality material in order tO enhance ~e appearance and
attractiveness of the community. The following standards identify approoriarP
roof treatments and features.
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 three (3) feet. At least one ~uch Change shall be Ioca~
on a prima_ry facade adjacent to a collector or arterial right-of-way (see
Iljustration 29 below).
Words ~ are deleted; words underline~ are added.
-64-
IXtus~ratjon 29
2.8.4.4.9.3. Roofs shall meet at Irast two of the following requirements:
I) Parapets shall be used to conceal roof top equipment and flat roofs'
.2) Where overhanging caves arc used, overhangs shall be no less than three_
(3) feet beyond the supporting walls with a minimum facia of five (5)
inches;
3) Three or more roof Slope planes per primary facade (see Iljustration 30
below);
Words e~ are deleted; words Underlined are added.
I, JOTTHI~
Iljustration 30
4) Sloping roofs, which do not exceed the average height of the supporting
walls, with an average slope greater than or equal to one (I) foot of
vertical rise for every_ three (3) feet of horizontal run and less than or an
average slope equal to one (1) foot of vertical rise for every one {1) foot
of horizontal run;
5) Three-dimensional cornice treatment which shall be a minimum of ten (I0)
inches in height with a minimum of three reliefs; or
6) Additional vertical roof changes with a minimum change in elevation of
two feet;
2.8.4.4.9.4.. Prohibited roo[ _types and materials. The following types of materials are
prohibited:
1) Asphalt shingles, except laminated, three-hundred-twenty (320) pound,
thirty (30) year architectural grade asphalt ~hingles or better;
2) Mansard roofs and canopies without a minimum vertical distance of six (6)
.feet and at an angle not less than twenty-five (25) degrees, and not greater
than seventy {70) degrees;
3) Roofs utilizing less than or equal to a two (2) to twelve (12} pitch unless
utilizing full parapet coverage; and
4) Back-lit awnings used as a mansard or canopy roof.
2.8.,1.4.10. Entryways/Customer Entrance Treatments.
Words struck '~ ..... ~ are deleted; words underlined are added.
-66-
2.8.4.4.10.1. Purpose and hltent Entryway design elements and variations are intended to
give protection from the sun and adverse weather conditions, These elements arc
to be integrated into a comprehensive design style for the project,
2.8.4.4.10.2. Entryways/Cttstmner Entrance Standards. These standards identify appropriate
entry features.
2.8.4.4.10.2.1Single 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:
a} An outdoor patio area adjacent to the customer entrance, a minimum of fifty
(50) square feet in area and which incorporates two of 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.
2.8.4.4.10.2.2. Multiple Use Buildings and Projects, Multi-use ~tructures between 10,000
square feet and 19,999 square feet in area shall include the followin,,:
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 (i) 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.
2.8.4.4.11. Miscellaneous Structures.
2.8.4.4.11.1. Outside Play Structures. Outside play structures shall not exceed fifty (50}
percent of coverage along the affected facade. No portion of any play structure
located between the front building line and any adjacent right-of-way shall
exceed a height of twelve (12) feet as measured from existing ground elevation.
in all other cases, no portion of any play structure shall exceed a maximum
height of sixteen (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 t:nd Color.
2.8.4.5.1. Purpose and httent. Exterior building colors and materials contribute
significantly to the visual impact of a buildinl~ on the community. They shall be
well-designed and integrated into a comprehensive design style for.the proiect.
2.8.4.5.2. Erterior Btti[ding Materials standards.
2.8.4.5.2.1. Predominant exterior building materials shall include, but are not limited to:
1) Stuccol
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:
Wozds struck through are deleted; words underlined are added.
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I) 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.
2.8.4.5.2.3. Predominant Exterior
2.8.4.5.2.3.1 The use of black or fluorescent colors is prohibited as the predominant
buildin~ color(s).
2.8.4.S.2.4. Buildin£ Trim Cotor(sL
2.8.4.3.2.4.1. Building trim and accent areas may feature any colorfsk limited to ten (I0)
percent of the affected facade segment, with a maximum trim height of twenty
four (24) inches total for its shortest distance,
2.8.4.5.2.4.2. Neon or neon. type tubing Shah be permitted provided for in sections 2.;5.6.21,
and 2.5.6.22. of this code. An approved lighting plan consistent with the
pr0viSjons of section 2.3.8, 1.5,2. of this code shall be provided,
2.8.4.6. Sienage: The pr0vj~;i0n~ Of SeCtion 2, 8,3 ,6, shall also a_oplv to commercial
buildin_lB and proiect$ with less than 20.000 square feet of building area,
2.8.4.7. Natural and Manmade Bodies of Water {'InclUdlnE Retention Areas);
2.8.4.7.1. The shape of a manmade body of water, including wet retention areaS. shall be
designed to appear natural by having off-sets in the edge alignment that are a
minimum of ten (10) feet and spaced fifty_ (50) feet apart. Natural and manmade
bodies of water, including wet retention areas, exceeding 20,000 square feet in
area, which are located adjacent to a public right-of-way, shall be incorporated
into the overall design of the proiect in at least one of the following ways {see
Iljustration 31 below):
Words struck through are deleted; words underlined are added.
I. Providing a minimum five (5) foot wide walkway with trees an average of
fifty (50) feet on center and shaded minimum of six (6) fo.o.t long benches
or picnic tables every one-hundred-fifty (150) linear feet.
2. Providing a public access pier with covered structure and seating.
3. Providing a plaza/courtyard, two-hundred (200) square feet minimum,
with shaded benches and/or picnic tables .adjacent to the water body.
2.8.5 Exceptions and Interpretations,
2.8.5.1. Erceptions: Exceptions to the provisions of this code may be granted by the
board of county commissioners in the form of a PUD zoning district where it
can be demonstrated that such exceptions are necessary to allow for innovative
design which, while varying from one or more Of the provisions of this division,
nonetheless are deemed to meet the overall purpose and intent set forth herein.
In the case of individual commercial buildings or projects, where site specific
factors may impact the ability to meet these standards, variance from one or
more of the provisions of this division may be requested pursuant to the
procedures set forth in section 2.7..5. of this code,
2.8.5.2. Interpretations. During the course of review of an SDP or SIP, as the case may
be, should an applicant and staff be unable t0 concur on the application of a
specific provision or provisions of this division, the community development
and environmental services administrator shall be authorized to make a final
determination. The community development and environmental services
administrator shall render his finding in writing within fifteen (15) days of
Words ztruck zkrcuGk are deleted; words underlined are added.
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receipt of a written retinas( from the applicant. The applicant may appeal the
~.Ct~rrnination of Ihe community development and environmental services
administrator to the board of zoning appeals, pursuant to the procedures set
forth in section 1.6.6,
SUBSECTION 3.G: AMENDMENTS TO SUBDIVISION DIVISION
Division 3.2, Subdivisions, of Ordinance No. 91-I 02, as amended, Ihe Collier County
Land Development Code, is hereby amended to read as Follows:
Division 3.2 Subdivisions
3.2.4.11.3 Building permits for rural subdivisions. Prior to the issuance of a
building permit for any property in the rural area, which by definition in
division 6.3 is deemed to be a rural subdivision, the owner of the
property applying for the building permit must provide verification that
he or she has an existing means of access to the property and the existing
means of access to such property must be improved to the standards
established by this subsection. Said access may be:
(a) Naturally cleared accessway a minimum of 24 feet in width; or
(b) Dustless surface a minimum of LM. 20feet in width; or
(c) Asphalt paved road a minimum of~420 feet in width; or
(d) Limerock surface a minimum of~l. 20 feet in width.
3.2.4.12.3. Building permits for Chololoslcee Island. Prior to the issuance of a
building permit for any properly on Chokoloskee Island. the owner of the
property applying for the building permit must provide verification that
he or she has an existing means of access to the property and the existing
means of access to such property must be improved to the standards
established by this subsection. Said access may be:
a. Dustless surface a minimum of 20 feet in width; or
b. Asphalt paved road a minimum of-2-0 18 feet in width; or
c. Limerock surface a minimum of 20 feet in width.
3.2.8.3.1. ,4ccess to public roads. The street system of a subdivision approved
pursuant to this division shall be connected to a public road, which is
state or county maintained, with adequate capacity as defined by the
growth management plan to accept the traffic volumes generated by the
proposed development. Unless topography, or compliance with the
County's Access Management Policy (Resolution 92-422). or LDC
Section 3.2.8.4. I prohibits it, the number of access points to public
roads shall ensure that there are no more than four-thousand (4000)
average daily trips (ADT) per access point (existing or future). The'
total number of access points required by this section shall be six.
Proposed developments accessing public roads shall be subject to the
requirements of the Collier County Adequate Public Facilities
Ordinance. The connection of any property to a public or private road
shall be carried out in conformance with Collier County Ordinance No.
82-91, as amended.
Words struck '~ ..... ~ are deleted; words underlined are added.
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~.2.8.3.Z. /lfley.L Alleys may be provided in industrial., ~:"~ commercial and
residential suhdivisi,ns, "'~ .... ~ ......... d~::;~c'd ~:',::=~" ~ ........... r
orAk~L AITcys may hc R~r (}no-way or two-way traffic, Alleys :hc~ "~
for nnc-way traffic only cod shall have the appropriate dirccfional and
instruction si~na~e instailed. Alleys shall --"' bc utilized for scconda~
3.2.8.3.4. Buffer ureas. Subdivisions or d~vclopmcnts shall hc hurryred R~r the
protection of property owners from surroundin~ land uses as rcquir~
pursuant to division 2.4. Buffers shall not inhibit pcdestri3n circul3tion
between adjacent commercial land uses. Buffers shall hc installed during
construction as follows and in accordance with division 2.4:
(a) To separate residential developments from commercial, communi~
use, industrial and public use dcvdopmcnts and adjacent
expressways, ancria]s and railroad rights-of-way, except where such
expressway, arterial, or railroad right-or-way abuts a golf course.
(b) To separate commercial, community use, industrial and public use
developments from residential developments.
(c) To separate subdivisions of rcsidcntial propcRy that do not result in
the submittal of a site development plan pursuant to the provisions
of division 3.3 from other residential properties.
3.Z.8.3.l?. SidewGl~/51,:p=~]:~, bike Innr~ ~nd bi~r p~t~$. Sidcwalksi.
bikepcths]ane~ and bike paths shall ~ provided for public and private
roadways in conromance with the folZowin~ criteria:
1. Bike lanes shall be provided on B~th sides of any street c]assifi~
higher than a local street (i.e., collector, arterial).
2.-Sidewalks, 6 feet in width, shall be provided on both sides of coll~tor
and arterial streets. Ec:k ':"" _r .... ,~._, ...... , ...... ~.. , ~
3. Sidewalks, 5 feet in width, shall ~ provided on both sides of I~al
streets.
~. All sidewalks, bike paths and bikcp=:~an~ along public and private
roadways shall be constructed in accordance with design
specifications identified in section 3.2.8.4.14 of this c~e.
~. Alternative designs for sidewalks, bike lanes, ~bike paths in
developments with public or private roadways may be provided,
subject to approval by the '~ .... ~ ...... ;rvice; ~ircctor Community
Development and Environmental Services Division ~dministrator
and may utilize, but not ~ limit~ to, Ihe following analysis:
Words ;truck "~ ..... ~' are deleted; words underlined are added.
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a. A design that matches the land use density and intensity of the
development along the street or cul-de-sac.
b. A design that matches the expected traffic volumes on the street or
cul-de-sac.
c. Design that does not create a safety hazard caused by vehicles
parked across the sidewalk or directing pedestrians or cyclists into
high traffic areas.
d. Design that does not encourage additional landscape area due to
clearing for the installation, aesthetic softening or additional
hardscape, additional softening of unnatural linear concrete strips,
or similar features.
e. Design that matches the expected demographics of the development,
including but not limited to considerations such as expected amount
of school age children and active adults.
f. Design that matches reduced speed streets and culs-de-sac.
g. Design that matches expected amount of utilization by joggers.
walkers and cyclists.
h. Design that matches the character of the development i.e., golf
course/country club community, affordable housing, private gated
communities, etc.
i. Criteria pursuant to the provisions of section 3.2.7.2.
8~_. Developments fronting on existing roads shall be required to
provide its[their] fair share portional cost of the sidewalks/bikepaths
along the frontage of the development in conformance with the
county's bikeway program. Developments that provide an internal
bikepath system which connects with existing public bicycle paths
may be exempt from this requirement by the county's transportation
services division if the alternative system functionally operates equal
to the standards of the county's bikeways, interconnects with the
existing or proposed county bikeway system and will be perpetually
open to the public.
.J ....... cA.,: ....... "':"'-" "" FDOT,
,,:,, ....,.. t .... ,._ ~cvclc,-m;nt '^ "-- ' '
.... y ............... ~, ...... :c::-::y :cater in
e apprc,;.al by :,% CeJli:r Ccunty :ra.'::p~.~ztie,.-: :c:'vie,c~ delmmme~.
4-1-2. Developments providing interconnections to existing and future
developments pursuant to the density rating system section of the
Collier County growth management plan's future land use element,
shall include sufficient right-of-way to accommedate the roadway,
Words ~ are deleted; words Underlined are added.
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sidewalks, and/or bikepathslanes, or bikepaths. Bikepaths. hike
lanes and sidewalks shall be constructed concurrently with the
roadway interconnection.
3.2.8.3.21. Traffic .:ig::::!.?. cr, ntrr,I devices. Traffic -: .... '- control devices shall be
provided by the dew:!oper when ~.nc ~,r ....... re._ v'-"-r::m~ .. ~, ........
engineering study indicates .~!gr.::H~-"-:!.':::.- Iraf~C control is justified at a,y
..... :^~ _^: .... , ..... er miT..~r ecHo:at street intersections within Ihe
subdivision or development or where the additional traffic flow results
from the proposed subdivision or development on io any collector or
arterial street . Traffic control devices are subiect to County approval.
If more than one development or subdivision is involved, each shall be
required to make a pro rata contribution for the installation cost of the
traffic .~ig~als control devices. The cost of all required traffic
control devices shall be included in the amount of subdivision
performance security furnished for the required improvements.
3.2.8.4.1. Access. Access to lots within a subdivision shall be designed to
accomplish access to the lots by use of local streets. Access to residential
lots shall be in accordance with Ordinance [No.I 82-91 [superseded by
ordinance found in Code ch. II0, art. II], the county right-of-way
handbook, but shall bc no less than 30 feet from in',..rsecting right. of-
way lines on local to local street intersections; 100 feet for local to minor
collector intersections; and 180 feet from intersecting right. of-way lines
on all other streets of higher classifications. Local or minor collector
street connections to major collectors shall be a minimum Of 400 feet
apart (See Figure I below}.
Major Collector
400 feet
minimum
Figure I
Local or minor collector street connections to arterial streets shall be a
minimum of 660 feet apart (See Figure 2 below}.er -':r:eria! ::rec:z..~hall
Words =tr'.:c]: ',hrcu~h are deleted; words underlined are added.
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Arterial Road
660 feet
minimum
Figure 2
Local or minor collector street connections to arterial streets may be ~330
feet apart if the street connection provides for right turns only (See
Figure 3 below). aml
Arterial Road
~ 330 feet
' minimum*
~' *intenections provide
fight turns only
figure 3
Mmajor collector street connections to arterial streets shall be a
minimum of 1,320 feet apart. Where residential or non-residential access
is desired along a major collector or arterial street, it mr,;,.- shall be
provided by means of a marginal access road. The first point of access to
the marginal access road from an intersection of collector streets and/or
arterial streets shall be a minimum of 330 feet from intersecting right-of-
way lines. Intermittent access points to the marginal access road shall be
a minimum of 660 feet apart. Access points to marginal access roads
shall be provided with appropriate turn lanes, signalization or other
necessary traffic control measures. When double-frontage lots are
created adjacent to a collector or arterial street and a local street, they
shall front on the local street. which shall provide access to said lot.
Access to the lot shall not be provided by means of the major collector
or arterial street. In such cases, the lot shall be buffered as required
herein. Access management regulations as required by the Growth
Management Act, when implemented, shall supersede this section where
applicable. Where access locations are not consistent with the CountyTS
Access Management policy, a separate access capacity analysis shall be
required to identify capacity impacts and appropriate mitigation.
^ ,, , ........ , ........' "':'~: .... "":":': ..... ~""'~' re~!dent!al
........ cr ~ ...................... =
Wr,y~ ~_ln Ihe case of commercial or industrial subdivisions
which contain or include parcels that are separated by common parking
area or other common area, sometimes referred to as "outparcels,"
"anchor store parccls," or "fee simple footprint parcels," or an
integrated phased development as defined in article 6, access shall be
created through an internal access provision documented on the final
subdivision plat, Internal access provisions shown on the final
subdivision plat shall include by way of example, but not be limited to,
cross-covenants, cross-easements, dedicated access tracts, or the like,
Words struck thrcugh are deleted; words underlined are added.
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and shall clearly and specifically identify the dominant and servient
estates involved. and the scope and duration of such internal access
provision. This provision shall be acceptable to the Community
Development and Environmental Services Division Administrator
-' .... ' ........... :^-- ": ...... and the county attorney and satisfy the
zoning requirements for the zoning district in which the subdivision is
located.
3.2.8.4..2. ,411eys. Industrial, commercial and residential .A.a_lleys along the rear lot
lines shah have an alley easement al least 24 feet wide containing a
vehicular pavement width of at least 10 feel 5: .... e ,n r ......:"- in:
p
..... ~: .....~: ....r ~,O ~^'
The alley edge of pavement-radius shall be a minimum of IS feet. and
shall be designed for the appropriate design vehicle.
Alley grades shall not exceed Rye percent or be less than 0.3 percent.
All alleys created shall be owned and maintained by a property owners'
association or other similar entity and shall be so dedicated on the final
plat.
3..2.8.4.3. Blocks. The length, width and shape of blocks shall be determined with
due regard to:
1. Zoning requirements as to lot size and dimensions.
2. Need for convenient access, circulation, control and safety of
vehicular and pedestrian traffic.
3. Limitations and opportunities of topography, including all natural and
preserved features identified.
.......... b ...................... . .............. 7,tcr3~,.- r.g
Special topographical conditions exist, block lengths greater than 660 feet
....... ~ .... ,.. may be appr0ved by the ...... r .......
Community Development and Environmental Services Division
Administrator pursuant to section 3.2.?.2. Traffic claming devices, as
approvcd in the Neighborhood Traffic Management Program, shall he
provided in block .lengths greater than 660 feet. Recommended spacing
of traffic calming devices is 400 feet or greater based on. site geometry
that discourages operating speed gr.cater than the posted speed limit.
circulatlcn er acce..,z :3 .~c,%ccl.% ,'~la:,'grct:r:d.% .~.%3;~pl.'~g ce;:ter.%
3.2.8.4.4. Bridge$. Bridges shall be designed in accordance with current Florida
department of transportation practices or appropriate specifications by
the applicant's structural engineer and may be required to include
provisions for utility installations and will r.e. quire sidewalks on both
sides of the bridge. The bridge shall be designed by a Florida
Words struck t,hrcug,% are deleted; words underlined are added.
professional engineer and is subjecl to the approval of the Community
Development and Environmental Services Division Administrator
dcw:~m::r,: :;::rvir.::.: ": ...... and those other agencies having
jurisdiction over the proposed facilities. Generally, bridges shall be
designed as reinforced concrete, however, other low maintenance
materials may be used upon request and approval, when supported by a
design report prepared by the developer's professional engineer which
provides particular assurance relative to the integrity of the materials to
he utilized.
At a minimum, the width of all bridges shall be required to incorporate a
clear roadway width equaling the travel lane width plus two feet to the
curb and six-foot sidewalks; however, variations may be considered
pursuant to section 3.2.7.2. Bridge width shall vary with the
classification of the roadway section to be carried. All bridge structures
shall be designed for H-20 loading, incorporating adequate corrosion and
erosion protection.
3.2.8.4.5. Buffers. Landscape buffers, when required by this code, division 2.4, or
other county regulation shall be in addition to the required right-of-way
width and shall be designated as a separate buffer tract or easement on
the final subdivision plat. The minimum buffer width shall be in
conformance with division 2.4. In no case shall the required buffer be
constructed to reduce cross-corner or stopping sight distances, or safe
pedestrian passage. All buffer tracts or easements shall be owned and
maintained by a property owners' association or other similar entity and
shall be so dedicated on the final subdivision plat.
3.2.8.4.16. Streets. The street layout of all subdivisions or developments shall be
coordinated with the street systems of the surrounding areas. Adjacent
properties shall be provided with local street interconnections unless
topography, other natural features or other ordinances/regulations do not
allow or require said connections. All arterial or ,m.."-je.r collector streets
shall be planned to conform to the Collier County comprehensive plan.
Collector and arterial streets within a development shall not have
individual residential driveway connections. Their location and right. of-
way cross section must be reviewed and approved by the county
transportation services division during the preliminary subdivision plat
review process. All subdivisions shall provide rights-of-way in
conformante with the comprehensive plan and the right-of-way cross
section contained in appendix B. All streets shall be designed and
constructed to provide for optimum vehicular and pedestrian safety, long
service life and low cost of maintenance.
1. Street access. Every subdivision or development shall have legal and
adequate access to a street dedicated for public use and which has been
accepted for maintenance by or dedicated to the State of Florida or
Collier County, as described in LDC, Section 3.2.8.:3.1. When a
subdivision or development does not immediately adjoin such a street,
the applicant shall provide access to the development from a dedicated
street in accordance with these regulations and provide legal
documentation that access is available to the project site. All lots within a
e subdivision or development shall be provided legal access to a street
dedicated for public use. All" ........ fmr. tcn a. q, ........ .,.
2. Adjoining or proposed adjoining street systems. The arrangement of
streets in subdivisions or developments may be required to make
provision for the continuation of existing or proposed collector or
Words struck 'u ..... ~ are deleted; words underlined are added
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arterial streets to and from adjoining properties, whether developed or
undeveloped, and for their proper projection to ensure a coordinated and
integrated street system per requirements or the growth management
plan. this code or other ordinances and regulations. Where a sulxlivision
or development abuts an existing or proposed public arterial or collector
street. buffering shall be required per division 2.4.
.s. ......:...J~ ....:, ~.~ ~li.~c~::r-"-ge'~; Use of local streets by cut through
traffic shall be discouraged, using methods (like traffic calming} that do
not compromise conacclivity or reduce the number of access points to
the subdivision.
4. Traffic analysis. If the proposed land development or subdivision will
generate traffic volumes in excess of 1,000 ADT (avenge daily trips) or
150 100 vehicles per hour, peak hour/peak season, whichever is more
restrictive, then a traffic analysis, prepared by a professional engineer,
shall be provided by the developer.
The analysis shall show the impact on the proposed internal streets of the
subdivision or development and existing externally affected streets. The
analysis shall be used to determine the street classification, width and
number of traffic lanes internal to the development and any requirements
for off-site (externaD improvements on the existing street system per the
Collier County growth management plan.
3. Street right-of-woOl width. The minimum right-of-way widths to be
utilized shall be as follows and, where applicable, shall be clarified by
the cross sections contained in appendix B. and will be directly related to
traffic volume as indicated in the definition of each street continued
herein and where applicable clarified by the cross sections contained in
appendix B. Private street right-of-way widths and design may be
determined on a case-by-case basis in accordance with section 3.2.7.2.
R/IV Width* Number of
Lane Width
Street Type fleet) lanes (feet)
All Streets
Cul-de-sac :5.0 6._.0.0 2 I0
Local 60 2 44 I__Q0
Minor collector --80 60 2 44 I_!1
Minor collector As required for 2 44 I.~i
(divided) median and turn
lanes
Major collector
'~:-~-~ or ~ '~ ¢ ~:-: .... 4 44 11
Minor Arterial*As required for
median and turn lanes
Note: Any rural cross sections approved may require expanded right-
of-way widths for additional shoulder and swale facilities. Design to be
approved on a case-by-case basis.
apprcvc~ ~"° '~' ............ : ....... :^~ ~:":~:^- If an alley is utilized,
~the righ.t-of-way width may be reduced upon approval of the Community
Development and Environmental Services Administrator,
Words struck t.hroug,h are deleted; words underlined are added.
-77-
6. Dead-end streets. Dead-end streets shall be prohibited except when
designed as a cubde-sac. When a street is designed to be extended when
the adjacent property is devek, ped, a temporary cul-de-sac and right-of-
way shall be designed. Culs-de-sac in excess of 1,000 feet shall not be
permitted unless existing topographical conditions or other natural
features preclude a street layout to avoid longer culs--de-sac. When
conflicts occur between the design standards of this division and Collier
County Ordinance [No.] 86-54, the County Fire Protection Code, or its
successor ordinance [see Code oh. 58, art. Ill]. the standards of this
division shall take precedence.
Culs-de-sac shall have a minimum 40-foot pavement radius (to back of
valley gutter) and :$6._0-foot right-of-way radius. If islands are to be
installed within a cul-de-sac, they shall have a minimum 45-foot outside
edge of pavement and an inside edge of pavement radius of no greater
than 25 feet (See FigUre 4 below}.
Figure 4
7. Curbs/valley gutter. All streets shall be provided with valley gutter or
curbs to provide for drainage. Curbs shall be required at street
intersections and for those areas requiring additional vehicular
protection. All required intersection curbs shall extend ten feet beyond
the radius.
8. Intersection radii. Street intersections shall be provided with a
minimum of a i~02...~5-foot radius (f~:,e-of-e,n.b edge o.f pavement) for local
or cul-de-sac streets and 40-foot radius for collector, arterial and
commercial/industrial streets. If two local or cubde-sac streets intersect
at less than 90 degrees, a radius of greater than 30 feet may be required.
Intersection right-of-way lines shall be provided with no less than a 25-
foot radius, 0r. as approved by the Community Deye!opment and
Environmental Services Administrator.
All intersections shall be provided with ramps where sidewalks are
req u i red.
Words struck thrcu~h are deleted; words underlined are added.
9. bitersections attd street jogs. Wherever feasible. streets shall be
arranged so as 1o intersect al righl angles. Two streets shall not intersect
at an angle less than 60 degrees. When an intersection occurs on a curve.
it should be made fadtally at the point of intersection. with a minimum
75-fo~1 langent measured from intersecting cenlerlines. All local cross
streets or stop streets should provide a minimum 50-foot tangent
measured from intersecting centerline. Any proposed deviation to the
tangent requirements must he supported by design calculalions submitted
hy the applicant's professional engineer. The calculations must be based
on the roadway speed limit and Ihe Florida department of Iransportation
"Green Book" standards for degree of curvature. Streets classified
higher than local shall be provided with appropriately larger tangents,
supported by design calculations.
Street jogs, at intersections. shall be prohibited. In no case shall
intersections be located closer than 100 feet apart. as measured between
closest right-of-way lines. The use of the 100-foot intersection separation
criteria shall be used only when a traffic impact analysis indicated that
neither intersection will require either turn lanes or signalization.
Intersections of more than two streets shall be-pr-ehlb~ subie.ct to the
.approval of the Commupity D~velopmcnt and Environmental Services
Administrator.
10. Reverse curves. Tangents shall be provided for all streets, between
reverse curves, according to the following, unless otherwise approved by
the Community Development and EnvirOnmen!al Services Division
Administrator dcvc~,Fm,.~.:.: :crv~c~ diree:er pursuant to section
3.2.7.2.
Tangent (Minimum)
Street Class~cation Oeeet)
Cul-de-sac 25
Local 50
Minor collector/commer- 75
cial/industrial
All other streets 100
3.2.8.4.18 Traffic Control Devices. The design and installation of traffic control
devices shall be in accordance with the latest edition of the Manual on
Uniform Traffic Control Devices.
SUBSECTION 3.ti: AMENDMENTS TO SITE DEVELOPMENT PLANS DIVISION
Division 3.3, Site Development Plans, of Ordinance No. 91-102, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
Division 3.3 Site Development Plans
Sec. 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
Words struck thrcugh are deleted; words underlined are added.
-79-
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 and arrangement of buildings 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 natura[ resources and proposed impacts
thereon.
3.3.S.!. Minor site development plGn re~,iew. Submittal of a site development plan
under the minor review process shall be in conformante with $ection
3.3.5.5, final site development plan applications, logether with the
following preliminanJ site development plan application requirements:
sections 3.3.5.4.1,3.3.5.4.2.1-3.3.5.4.2.5, 3.3.5.4.2.6.b-f, 3.3.5.4.2.7. a-f,
3.3.5.4..2.8.b, f, h, 3.3.5.4.2.8.k-m, 3.3.5.4.3-3.3.5.4.6. A site development
plan may be reviewed under the minor SDP review process if the plan
submittal meets the following conditions:
3.3.5.1.8, Commercial buildings ~nd projects having a gross building area of less
than 20,000 square feet, subject to the provisions of Division 2.8. and
consistent with all other provisions set forlh in this Section.
3.3.5.4.2. 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:
I. 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.
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 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 internal streets) and its percentage of the
total site area.
c. Total square footage of impervious area (including all parking
areas, driveways, loading areas, drive-aisles, and internal streets)
and its percentage of the total site area.
d. Total square footage of landscape area/open space and its
percentage of the total site area.
Words struck "~ ..... ~ are deleted; words underlined are added.
e. For residential projects, total number oF units, units per acre, and
a unit breakdown by square footage and number or bedrooms.
r. For nonresidential projects, total building footage, and a square
foolage breakdown hy use (i.e., office, retail, storage, etc.) and
its percentage of Ihe Iotal building.
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. Iljustrative information accuratcly depicted on the site development
plan shall be as follows unless waived at the proapplication meeting:
a. A boundary survey, prepared by a professional surveyor showing
the location and dimensions of all property lines, existing streets
or roads, easements, rights-of-way, and areas dedicated to the
public.
b. Name, alignment and existing/proposed right-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.
9. For projects subject to the provisions of Division 2.8. five (5) sets
of architectural drawings, s. igned and sealed by a licensed architect,
registered in the State of Florida. shall be submitted with
Preliminary (or Minor) SDP application, depicting the following;
a. ',~ inc. h scaled elevatio.n for all sides of the building;
b. a~ inch scaled elevation from top of roof to grade depicting
typical elevation with details and materials noted. and rendered to
show materials and color scheme;
c. I/8 inch .site.sectionS showing rel.afio..nShip to. adiacent structures;
and
d. a unified sign plan as required Division 2.8.
Representations made thereon shall become conditions of approval,
Architectural drawings submitted in coniunction with a building permit
shall be consistent with the architectural drawing submitted and approved
for the SDP or SIP.
Words c~ruck '~ ..... h are deleted; words underlined are added.
3.3.5.5.1. SDP. A detailed site development plan prepared on a maximum size
sheet measuring 24 inches by 36 inches, drawn to scale and setting forth
all required on-site and off-site improvements and provisions to include
the following:
!. Complete legal description including boundary survey.
2. Lot dimensions, acreage.
3. All building and structures. location, size, height and proposed use.
4. Yard setbacks and distances between structures.
5. Walls and fences including location and heights.
6. Off-street parking; location, parking layout dimensions, on-site
traffic circulation. traffic calming devices, and landscaping, including
all handicap parking and access provisions.
7. Access for pedestrian, vehicular and service. Points of ingress and
egress
8. The proposed location, size and height of all traffic control signs.
For other development signage see division 2.5.
9. Loading location, dimensions and number of loading spaces.
10. Lighting location, heights and design of all street and parking lot
light fixtures.
l 1. Street dedication and improvements, including traffic calming
devices.
3.3.5.5.5. htfrastructure improvement 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 consists
of, but are not limited to. the following items:
i. 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, traffic circulation, ingress and egress,
devices. required or as may have bct-n specified durin$ the
preliminary sRe developrnent ptan levicut, 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).
Words struck '~ ..... ~ are deleted; words underlined are added.
3.3.6.3. 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.
SUBSECTION 3.I: AMENDMENTS TO VEGETATION REMOVAL, PROTECTION AND
PRESERVATION DIVISION
Division 3.9, Vcgelation Removal, Protccli~m and Preservation. of Ordinance No. 91-
102, as amended, the Collier County Land Development Code, is hereby amended to read ~
follows:
3.9.5 Vegetation removal, protection and presen'ation slandards.
3.9.5.5.2. All new developments shall rclain existing native pegclarion to the
maximum cxlcnt possible, especially where said native vegetation exists
within required buffer areas. E~t~ng ":"~' .... : ........... :~_ ~h~ h~
r~ned Where lhc required minimum retained pegeta{ on pcrccntag~..ha~
been met pursuant to sections 3,9.5.5.3 and 379~5.5.~ additional native
ycgctation .Shall be retained units necessa~ grade changes. required
infrastructure, stopwater management system design or approved
construction footprints necessitate its removal. ~e need Io remove
additional existing native trees shall be demonstrated by Ihe applicant as
pan of lhe vegetation removal review process. When required to be
removed, existing viable native trees shall be transplanted inlo site
landscaping unless the applicant can demonstrate that transplanting is not
feasible or appropriate, Retained areas of pegelation shall be prescmed in
their entirety with all trees. understoW, and ground cove5 left intact and
undisturbed, except for prohibiled exotic species removal, enhancement
with native plant material and pruning and maintenance.
3.9.5.5.4. All other types of new development not referenced in section 3.9.5.5.3
above, includin~ but not limited to 1) residential or mixed use
developments under the thresholds set forth in section 3.9,5.5.3; 2)
commercial dcvclopment~ and 3) industrial development shall be required
to prosere an appropriate poflion of the native vegetation on the site as
detc~ined through the county development review process. For new
development under five (5) acres, a miVimum Of ten percent of the native
~'egctation on-site (by area}, shall be retained, including the understo~ and
ground cover. For new development five (5} acres or greater, a minimum
of fifteen percent of the native vegetation on-site (by area}, shall be
retained, including Ihe understo~ and ground cover. Presc~ation of
different contiguous habitats is to be encouraged. ~en several native
plant communities exist on-site Ihe development plans will reasonably
attempt to prese~e examples of all of them, if possible. However, this
policy shall not be interfeted Io allow development in wetlands. should
wellands alone constitute more than the portion of the site required to be
prese~ed. Exceptions, by means of miligation in the fore of increased
landscape requirements, shall be granted for parcels which cannot
reasonably accommodate both the prese~ation area and lhe proposed
activity. Where native presen'ation requiremeals are not accommodated,
the landscape plan shall re-create a native plant community in all lhree
strata (Rround covers, shrubs and trees), utilizin~ larRer plant materials so
as to more quickly re-create the lost mature vegetation. Such reve~etation
Words ...... '- '~ ..... ~
............. ~,, are deleted; words underlined are added.
shall apply the Standards or Section 2.4.4, and inClud~ a quantity Or
planrings matchin~ the amount ofrcquired preserved native vegetation thai
was removed. The rollowing minimum sizes shall apply: ! gallon ground
c0vcrs; 5 gallon shrubs; Fourlccn to sixteen root high trees with a scvcn to
eight Foot crown spread and a dia,.'n_ctcr of 3 to 4 inches at 4.5 Feet above
natural grade, Previously. cleared parcels, void of native vegetation, shall
bc exempt From this rcquircmcnl,
SUBSECTION 3.3: AMENDMENTS TO ADEQUATE PUBLIC FACILITIES DIVISION
Division 3.15, Adequate Public Facilities, of Ordinance No 91-102, as amcndcd, Ihc
Collier County Land Development Code, is hereby amended to read as follows:
DIVISION 3.15 ADEQUATE PUBLIC FACILITIES*
Sec. 3.15.4 Definitions.
3.15.4.1. ,4nmtal update and inventory report or AUIR means the county rcport on
public Facilities described in section 3.15.7.2.
3.15.4.2. /fpplication for development approval mcans an application submitted to
Collier County requesting the approval ofa dcvclopmcnt order.
3.15.4.3. Capital drainage facilities mcan Ihc planning of, cnginccring for,
acquisition of land for, or the construction or dralnagc and water
management facilities necessary for proposed development to meet the
LOS for drainage facilities.
3.15.4.4. Capital park facilities mean the planning of, engineering for, acquisition
of land for, or construction of buildings and park equipment necessary to
meet the LOS for park facilities.
3.15.4.5. Capital road facilities or capital road improvement shall include
transportation planning For, fight-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.
3.15.4.6. Capital potable water facilities mean the planning of, engineering for,
acquisition of land for, or construction ofpolable walcr facilities necessary
to meet the LOS rot potable water facilitics.
3. I $.4.7. Cttpllal ~tmltary ~ewer fi:cllltle~ mean Ihe planning of, cngi need ng For,
acquisition of land for, or construction of sanitary sewer facilities
necessary to meet the LOS for sanitary sewer facilities.
3.15.4.8. Capital solid waste facilities mean the planning of, engineering for,
acquisition of land for, or construction or solid waste facilities nccessary
to meet the LOS for solid waste facilities.
3.15.4.9 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.
words struck through are deleted; words u~derlined are added.
3.15.4.-t-011. Deficient road segment means the following:
3.15.4.J,-Ol1. I. A county or state road segment on the major road network system that
either:
3.15.4.-1-01_J.I.1.I. !!as 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
3.15.4.1-011. I.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
3.15.4.t. O11.1.3. Has an adopted LOS "D" peak season, peak hour, that is operating below
LOS "E", peak season, peak hour, based on the AUIR; or
3.15.4.J,-01].I.4. Has an adopted LOS "E" peak season, peak hour, that ~s operating worse
than LOS "E" peak season, peak hour, based on the AUIR.
3.15.4.1--011.2. In determining the capacity of a county road segment or a state road
segment for the purpose or dctermining whcther it is a deficient road
scgmcn[, the county shall consider:
3.15.4.-14)11.2.1. Any capital road improvement currcn[ly in place;
3.15.41 .-l-011.2.2. Any capital road improvement that is under construction;
3.15.4.-I-OJ_!.2.3. Any capital road improvement guaranteed in an enforceable development
agreement that includes the provisions in subsectlons 3.15.4.10.2.1 and
3.15.4.10.2.2.;
3.15.4.-t-011.2.4. 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-ycar work program and the county's current five-year capital
improvement schedule adopted as part of the growlh management plan;
and
3.15.4.4-011.2.5. The board ofcounty commissioners has made an express finding, after a
public heating, that the current five-year capital improvement schedule is
based on a realistic, financially feasible program of funding from existing
rcvcnue sources.
3.15.4.t4-12. Developer means any person, including a governmental agency,
undertaking any development as defined in this division.
3.15.4..1413. Development agreement has the meaning contemplated in F.S. §163.3220
et. seq.
3.15.4.-1-313. Developmen! has the meaning given it in F.S. §380.04.
3.15.4.4415. 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, fight-of-way permit,
Words struck ~ ..... ~ are deleted; words underlined are added.
blasting permit, excavation permit, construction approval for inffastruclurc
(inchlding waler, sewer, grading, paving), approved development of
regional impact (DRI), zoning ordinance amendment, comprehensive plan
amendment, flood variance, cnaslal construction control line variance, trec
removal permits, site development plan approval, subdivision approval
(including plats, plans, variances, and amendments}, rczoning, PUD
amendment, certification, conditional use (provisional use), variance, or
any other official action of Collier County having the cffcct of pc~iUing
dcvclnpmcnt as defined in this division.
3.15.4.~!~. /'Thai dcvdopment order means a final local development order or a ~nai
DRI development order.
3.15.4.~i~. Final DRI development order means a dcvelopmcnt order, as amcnd~
from time to time, adopted by the board of county commissione~ of
Collier County and approvcd by thc slate pu~uant to F.S. ~380.06, notice
ofwhich is r~orded pursuant to F.S. ~380.06(I 5)(~.
3.15.4.~1~. Final local d~'elopment onlcr means any valid, uncxpircd building petit
or mobile home tic-down petit issued by the county.
3.15.4,19. Growth management p/an or GMP means the most recently adopted and
effective comprehensive plan of Collier County, as amended from lime to
lime.
3.15.4.20. Land d~,e/opment re, rations mean ordinanc~ enacted by Colli~ County
pursuant to F.S. ~]63/3161 ft. 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.
3.15.4.21. Level of sen'ice (LOS) means an indicator of the extent or degree of
sewice provided by, or proposed to bc 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.
3.15.4.21,1. Leve/ of sen'ice calculations for roads mean calculations that arc
perfamed annually following the end of Ihe calendar year by compa~ng
average annual daily traffic counts to the annual average daily Iraffic
seaice volume look-up tables in the traffic circulation clement. These
tables are calculated to express the annul average daily traffic volumes
based upon the 100th highest volume hour or 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 cach of the
four seasons or the year. On some low volume roads, a single annual
count may be taken and factored to the annual average daily tra~c volume
using a monthly or quakefly factor.
3, 15,4.22. LOS for capital drainagefitcilities varies among 1 ) new or existing capital
drainage rncililics owned or operated by a local government 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
words struck 'h ..... ~ are deleted; words underlined are added.
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 return frequency event) in the Collier County
Water Management Master Plan. For ncw capital drainage facilities
owned or operated by private persons, Ihc LOS is identified in the
drainage sub-clement and capital improvcmcnt clement policy I. 1,5.A.3
(prcscnt requirements arc a 25-ycar, 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
Grdinance No. 90-10 which are incorporated herein by reference.
3.15.4.23. LOS for capital park facilities means 2.9412 acres per 1,000 persons for
regional park land; 1.2882 acrcs pcr/1,000 pcrsons for community park
land; and $!22.00 $179.00 of capital investment per capita (at current
cost) for rccrcational facilities.
3.15.4.24. I. OS for capital potable wetter ~tcilities varies between public water
systems and private water systems. For public water systems, the LOS is
135 gallons per capita per day {gpcd), plus 21 pement for nonresidential
development ('except in the Marco Water and Sewer District), making the
LOS 163 gcpd. Thc LOS in the Marco Water and Sewer District is 200
gpcd {with no 21 percent adjustment). For private potable water systems,
the LOS is as follows, except that approved private wells are exempt from
these LOS requirements:
T)7~e of Establishment Gdlons Per Day (GPD)
Airports
(a) Per passenger 5
(b) Add per employee 20
Barber and beauty shops (per chair) I00
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)
(el Drive-in restaurant (per car 50
space)
(0 Carry out only
Words struck thrcuSh are deleted; words underlined are added.
1. Per I00 square feet of floor 50
space
2. Add per employee 20
(g) Institutions (per meal) 5
ttotcls and motels
(a) Regular (per room) 150
(b) Resort hotels, camps, cottages 75
(per person)
(c) Add for establishments with self 400
service laundry facilities (per machine)
Officc building (per employee per 8 20
hour shift)
Type of Establishment Gallons Per Day (GPD)
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 0.1
Theaters
(a) Indoor, auditoriums (per seat) 5
(b) Outdoor, drive-ins (per space) 10
Trailer/mobile home park (per lrailer 200
space
Travel trailer/recreational vehicle
park
(a) Travel trailer (overnight), 75
without water and sewer hook-up (per
trai let space)
(b) Travel trailer (oremight), with 100
water and seer 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 I00
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 i 5
(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
Words struck thrcugh are deleted; words underlined are added.
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 fcct hcatcd or
cooled area
(b) Other (per occupant) 75
3.15.4.25. 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 ,S'egment
Airport Road Pine Ridge Road to Golden Gate Parkway
Golden Gate Pkwy Airport Rd. to Santa Barbara BIvd.
Goodlctte-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
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:
Krisling Urbanized Transittoning
Road Rttra/ Area Area Urbanized Area
1-75 B.C' GD C-D
US41 C D C
SR-84 C D C
SR-951 D C
SR-29 C--D
SR-82 C--D
3.15.4.26. LOS for capital sanita.rv seu,er fitcilities varies between public sanitary
seer systems and private sanitary sewer systems. The LOS for public
sanitary seer 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 rand use. They are as follo~vs, except that approved private septic
systems are exempt from these LOS requirements:
TJ~oe of Establishment Gallons Per Day (GPD)
Words struck thrcu~k are deleted; words underlined are added.
-89-
Barber and beauty shop (per chair) 100
Bowling alleys ('toilet wastes only per 100
lane)
Country club
(a) Per resident member ! 00
(b) Per member present 25
(c) Per employee 20
Type of Establishment Gallons Per Day (GPD)
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) Ordinance restaurant 9per 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)
(e) Drive-in restaurant (per car 50
space
(f) Carry out only:
I. Per 100 square feet of floor 50
space
2. Add per employee 20
Hotels and motels
(a) Regular (per room) lO0
(b) Resort hotels, camps, cottages 75
(per person)
(c) Add for establishments with self 400
service laundry facilities (per ma-
chine)
Office building (per worker) 20
Service stations (per bay) 500
Shopping centers without food or 0. I
laundry (per square foot of floor
space)
Stadiums, race tracks, ball parks (per 5
seat)
Stores (without food service)
(a) Private toilets, for employees 20
only (per employee)
(b) Public toilets (per square foot of O. I
floor space)
Theaters
(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). 50
Words struck ~ ..... ~ are deleted; words underlined are added.
without water and sewer hookup (per
trailer space)
(h) Travel trailer (overnight). with l O0
water and sewer hook-ups (per trailer
sp;,cc)
Swimming and haftring facilities. I0
public (per person)
Churches (per se:~t) 3
Type of E. vtabli.~hment Gallon.~ Per Day (GPD)
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 I0
toilets (per person)
Public institutions other than schools 100
and hospitals (per person)
Schools (per student)
(a) Day-type ! 5
(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) ! 50
(c) Mobile home not in a trailer 150
park (per bedroom)
(d) Other (per occupant) 75
3.15.4.:27. LOS for capital solid waste facilities requires sufficient capital solid waste
r.~cilifies to dispose of i.39 tons of solid waste per capita per year. In
addition, the LOS requires two years ofland~ll lined cell disposal capacity
at present fill rates and ten years of land~ll raw land capacity at present fill
rates.
3.15.4.28. 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 ofspeed 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 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.
3.15.4.29. LOS "D" peak season. pealc 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
Words struck through are deleted; words underlined are added.
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Capacity Manual." Transportation Research Board, National Research
Council, Washington, D.C., 1985, or subsequent revisions thereto.
3.15.4.29. I. 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 Ihc
various types of roads defined by Specia[ Report 209, "Highway Capacity
3.15.4.30. Peak season, peak hour is considered to be lhe 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 Irafile circulation
element of the growlh management plan.
3.15.4.31. Major road network system means all arterial and collector roads within
lhe total unincorporatcd Collier County. The major road network system
is depicted in the traffic circulation element of the Collier County Growth
Management Plan.
3.15.4.32. Person means an individual, corporation, governmental 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.
3.15.4.33. Pote,tially deficient road segment means the following:
3.15.4.33.1. 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.
3.15.4.33.2. A county or state road segment on thc major road network system whose
adopted LOS standard is "E", peak season, peak hour, that is presently
operating at LOS "E" peak season, peak hour, based on the AUIR.
3.15.4.33.3. In determining the capacity of a county road segment or a state road
segment for the purpose of determining whelher it is a potcntially deficienl
road segment, the county shall consider:
3.15.4.33.3. I. Any capital road improvement currently in place;
3.15.4.33.3.2. Any capital road improvement that is under construction;
3.15.4.33.3.3. Any capital road improvement guaranteed in an enforceable development
agreement that includes the provisions in subsections 3.15.4.33.3.1 and
3.15.4.33.3.2;
Words struck through are deleted; words Underlined are added.
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3,15.4.33.3.4. The actual construction of the required capital road improvemcnt is
included and is scheduled to commence in or bcfore Ihe 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
3.15.4.33.3.5. The board of county commissioners has made an express finding. after a
public hcaring, that the current five-year capital improvement schedule is
based on a realistic, financially feasible program of funding from existing
revenue sources.
3.15.4.34. Public fitcilities mean capilal drainage facilities, capilal park facilities,
capital potable water facilities, capital road facilities, capital sanitary seer
facilities, and capital solid waste facilities.
Sec. 3.15.5 Rules of construction.
In the construction of Ihis division, the rules set out in this section shall be observed unless such
construction is inconsistent with the manifest inlent 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 subjecl mailer, content
or context of such provisions would make such construction internally inconsistent or
inconsistent with other provisions of this division.
3.15.5.1. 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.
3.15.5.2. Text. In case of any difference of meaning or implication bclwcen the Icxt
of this dMsion and any figure. the text shall control.
3.15.5.3. Computation of time. lhe time within which an act is to be done shall be
computed by excluding the first and including the last day; if the last day
is Saturday, Sunday or legal holiday, that day shall be excluded.
3.15.5.4. Day. The word "day" shall mean a calendar day, unless "business" day is
indicated.
3.15.5.5. Ddegation of attthoriO,. Whenever a provision appears requiring a
division administrator, the head of a_ department o,c o.../r some other county
officer or employee to do some act or perform some duty, it is to be
construed to authorized the dMsion administrator, 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.
Words struck ....... ~ are deleted; words underlined are added.
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3.15.5.6. Gemler. Words importing Ihc masculine gender shall be construed to
includc the feminine and neuter.
3.15.5.7. Month. The word "month" shall mean a calendar month.
3.15.5.8. Non-technica! aml/ech,ictd words. Words and phrases shall bc construed
according to the common and approvcd usage of the language, but
technical words and phrases 4nd such others as may have acquired a
peculiar and appropriate meaning in law shall be construed and understood
according to such meaning.
3.15.5.9. Number. A word importing the singular number only, may extend and bc
applied to several persons and Ihings as well as to onc person and thing.
The use ofthe plural number shall be deemed to includc any singlc person
or thing.
3.15.5.10. Shall may. The word "shall" is mandatory; "may" is permissive.
3.15.5.1 I. Tense. Words used in the past or prcscnt tcnsc include the Future as well
as the past or proscot.
3.15.5.12. treek. The word "wcck" shall mean scvcn calcndar days.
3.15.5.13. iYritten or in writing. The tcrrn "written" or "in writing" shall bc
construcd to include any representation or words, Icttcrs, or figurcs
whcthcr by printing or other Form or method of writing.
3.15.5.14. Year. The word "year" shall mcan a calendar year, unless a fiscal ycar is
indicated or 365 days is indicated.
Sec. 3.15.7 Management and monitoring program.
3.15.7.1. Ge, era/. In order to cnsurc that adcquatc potable water, sanitary scwcr,
solid waste, drainage, park and road public facilities arc available
concurrent with when the impacts of dcvclopmcnt occur on such public
Facilities, the county shall cstablish the Following managcmcnt and
monitoring practices. Their purpose is to evaluate and coordinate thc
timing. provision, and Funding of potable watcr, sanitary sewcr, solid
waste, drainage, park and road public facilities (!) to cnsurc adequate
planning and funding to maintain the LOS For the public Facilities, and (2)
to cvaluatc the capacity of the public racilitics For use in the rcgulatory
program to cnsure that no dcvclopmcn[ orders subject to concurrency
regulation arc issued unlcss adequate public Facilities arc available to scrvc
the development concurrent with when the impacts of that dcvclopmcnt
OCCUr.
3.15.7.2. Attnttal tipdate and inventoo' report on pttblic fitcilities (AUIR). On or
about August I of each year, the grewt~ ma::agement e~ief 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 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,
Words struck through are deleted; words underli. Bed are added.
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and identify new projects needed Io maintain adopted LOS. The forecasts
shall bc based on tbc most recently updated schedule of capital
improvements (public facilities) for each public facility. The AUIR shall
bc based on the most recent bureau of economic and business rcscarch
(BEBR) high-range population projections, updated public facility
inventories, updated unit costs and revenue projections, and analysis of the
most rcccnt traffic count data.
The findings of the AUIR shall form thc basis for the preparation of the
annual update and amendment to thc CIE, any projects to bc included in
the county's annual budget, Ihc dctcrmination of any area of significant
influence (ASI) and the review of and issuance of development orders
subjcct to the provisions of this division during the next year.
3.15.7.2.1 .4nnual determination of adequate "Catego.rv A" public facilities
(concttrrenc)9. On or about August I of each year, the grc;;~h
ma.':agemcnt chief Community Development and Environmental Scrviccs
Division Administrator will present the AUIR rcport to the board of
county commissioners identifying deficiencies pr potential deficiencies in
"Category A" public facilhjcs and remedial action options including hut
not limited to the following:
I. Establishment of areas orsigni~cant influence (ASI's);
2. Public facility project additions to Ihc CIE;
3. Dcrcrral ordcvclopmcnt order issuance in affected areas
pending:
* a. Lowcring of LOS via growth management plan amendment;
b. Inclusion of necessary public facility projects in the
adopted annual budget and 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.
3.15.7.3 Reco,tmendations on the atmttal CIE update attd atmual bridget. Based
upon the AUIR analysis, the gre':::h m3nagem:.".: oh!or Community
Development and Environmental Sen'ices D/vision Administrator shall
propose to the Collier County Planning Commission and the Board of
County Commissioners on or about October I of cach year, thc annual
update and amendment to thc C1E as part of lhc annual growth
management plan amcndmcnt cycle transmitlal public hearings. It will
include the public facilities needed to maintain LOS as directed by Ihc
board of county commissioners upon presentation of the AUIR. The
annual budget, which is to be adopted by October I of each year shall also
include projects and fimding as directed by the board upon presentation of
the AUIR.
3.15.7.4 Establishment of area of signi~cant influence (ASl) for roads.
3.15.7.4. i Establish.tent of area(s) of sig. i~cant in~ttence MSI). If the finding of
the AUI analysis identify additional road improvement projects needed to
words struck through are deleted; words underlined are added.
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maintain adopted LOS, Ihcy may be included in the road component ofthe
proposed annual CIE update and amendment at the discretion orthc hoard.
Based upon board direction on incl,sion of additional road projccls, Ihc
........ '- man."gement c!'.i~rCommnnity Development and Environmental
Services Division Administrator, in conjunction with thc MPO chicrand
Iransportafion services ;:~L:fi::i:;:r;:~ar dcpannlcnl director may propose and
idcn[i ry onc or marc areas oF signi ticant in~ucncc (AS/) aronnd any
deficient or potentially deficient road scgmcnt (except whcrc such
potentially deficient road segment is projected not to exceed its adopted
LOS within the first three years oFthc rive-year schcdulc oFcapital
improvements in the fIE up date and amendment purposcd For transmittal
on or about October I, and the estimated annual residual capacity trips that
would bc allocated to thosc applicants For certificates orpublic facility
adequacy within the ASI cncompassing such potentially deficient road
segment durin~ the next year docs not exceed the remaining trip capacity).
The boundaries or any AS! shall bc established pursuant to the standards
in subsection 3.15.?.4.2. or Ihis division along with the annual residual
capacity trips covering potentially deficient road scgmcnls For each ASI by
September ! oFcach )'car. No residual capacity trips shall be allotted rot
dcvclopmcnt in an ASI encompassing a dcficicnt road segment.
3.15.?.4.2. SI,ndurds in estahlisMn~ ,red of $ignific, nt influence MSI).
3.15.?.4.2.1. Generd. The boundarics For an ASI shall be bascd upon an "cnvclopc"
that surrounds major road segments. In general, the ASI surrounding a
road segment will radiate out from the scgmcnt a distance oFone Io three
milcs, depending upon natural or manmade Fcaturcs, roadway Facility type.
Additionally, thcre may bc an overlap or ASrs due to the effect of
adjacent land uses upon a roadway segment or segments.
3.15.?.4.2.2. Sumdards ill detert~tinin~ are(I of si~niJTcant inJZucnce (.4S1). The
mana.?.~ment chicfCo. mm. uni~y DCve!0pmcnt and Environmental Services
Division Administrator in conjunction with the MPO chiefand
transportation services =dminis'.r."tcr department director shall examine
traffic movement patterns and shall then prepare a map(s) that dclaiis the
locadon or thc proposed ASl(s). Such map(s) shall then be presented to
the board oFcounty commissioners at a regularly scheduled meeting For its
review.
The following standards shall guide the F, rc:;':h m".':-%;emen'. ch!=.r
Community Development and Environmental Sen'ices Division
Administrator MPO chiefand transportation services "-Jmi.",ic'.r-',-.'cr
department director in developing these proposed ASrs:
Type of Roadway Facility Scope of ASl
Principal Arterial Three miles on each side of
affected segment and three miles
From each end of affected segment.
T)pe of Roadwtty Facility Scope of ASl
Minor Arterial Two miles on each side of
affected segment and two miles
for each end of affected
segment.
Words st .... '- ~ ..... ~ are deleted; words underlined are added
-96-
Minor Ancrlal Two miles on each side of
affected scgmcnt and two miles
for each cad of affected
segment.
Collector One mile on each side or
affected segment and one mile
from each end of affected
segment.
Rural Minor Collector One mile on each side of
alTcctcd 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.
3.15.7.4,2.3. DetermininganmtalresMttalcapucitytrips. The grc;;'th ..":.-'-.':-'-~;e..'~.e.':.t
-~.:~efCommunity Development and Environmental Services Division
Administrator in conjunction with the MPO chief and transportation
services :dminictmtcr 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 orthc
road segment (such as traffic control, signal spacing, timing, and phasing)
using procedures documented in the 1985 Highway Capacity Manual (or
its curTent 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 segmcnt'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.
3.15.7.4.3. Review antl approval by board of COlt/fly commissioners. After receipt of
the proposed boundaries of a potential ASI and the proposed residual
capacity trips of the ASI from the gro':.'th m~n=geme.-:.t chiefCommunlty
Development and Environmental Services DivisiOn Administrator the
board of county commissioners, by October ! of each year, shall hold a
public hear/ng 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 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 October I of each year if additional road improvements are
not added to the capital improvement element at that time.
3.15.7.4.4. Mctp of areas of significant infittence (.4SI). A map showing the
boundaries of each ASI established by the board of county commissioners
shall be kept in the cf.qee ^c,~. ........ ~. .......... chlefCommunitv
Development and Environmental Service Division and the office of the
Words struck '~ ..... ~ are deleted; words underlined are added
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3.15.7.4.5. Dttrtttion of established ttreG of s~ni~cttnt itt~ttence (A.~D. Once the
boundaries of an ASI are approved by the board of county commissioners.
they are valid for one year, unless otherwise dissolved.
3.15.7.4.6. Durtttion ofrcshhtal capadO' trips. Once the road facility residual
capacity trips are approvcd by the board of county commissioners. they
arc valid for one year.
3.15.7.4.7. Dissohttion of area of significant i~ttence ,4,57. If the additional needed
road improvements identified in the AUIR arc added to the CIE or funds
are available for, and commilted for construction of, the needed road
improvements to eliminate the classification of a road as a deficient or
potentially deficient road segment, then Ihc area ofsigni fic:mt influence
(ASI) established for Ihat deficient or potentially deficient road segment
shall be dissolved in the same manner in which it was established.
See. 3.15.8. Regulatory program: review of development to ensure adequate
public facilities are available.
3.15,8.1. 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 ofdevclopment 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.
3.15.8.2. Exemptions. The following development orders and development shall be
exempt from the terms of this division:
3.15.8.2.1. 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:
3.15.8.2.1. I. 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;
3.15.8.2.1.2. 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;
3.15.8.2.1.3. An overriding concem for public health, safety, or welfare exists;
3.15.8.2.1.4. The county can demonstrate pursuant to F.S. §380.06, that substantial
changes in the conditions underlying the approval oflhe 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
3.15.8.2.1.5. lhe 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.
3.15.8.2.2. Construction of public facilities that are consistent with the Collier County
Growth Management Plan.
Words struck t,hrcug,h are deleted; words underlined are added.
3.15.8.2.3. Any development ordcrs dctcrmincd by the gre;;'t.h mancgem.-.q'. eh!:f
Communi{y Development and ErWironm.ental Services Division
Administrator not io impact public facilities as evaluated against the
standards contained in this division.
3.15.8.2.4. Original temporary construction and development permits and any
subsequent renewals not to exceed a cumulative period of one ycar.
management plan.
3.15.8.2.6. Original temporary use permits and any subsequent renewals not to exceed
a cumulativc period of one year.
3.15.8.2.7. Any development order or dcvclopmcnt whose current owncr is cntitlcd to
receive, and who properly obtains, a determination of vested rights for
adequate public facilities ("APF") in accordance with thc provisions of
this section 3.15.8.2.8.
3.15.8.2.7.1. Application. An application for determination ofvcstcd rights for APF
shall bc submitted in the form cstablishcd by the ~
eseAefCommunity Dcvcbpmcnt 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:
3.15.8.2.7.1.1. Name, address, and telephone number of the owner and authorized
applicant if other than thc owner;
3.15.8.2.7.1.2. Street address, legal description, and acreage ofthc property; and
3.15.8.2.7.1.3. All factual information and knowledge reasonably available to the owner
and applicant to address the criteria established in section 3.15.8.2.7.7.
3.15.8.2.7.2. Determination ofcomp/cteness. After rcccipt of an application for
determination of vested rights for APF, the grc;;'th ....... ~, ..............
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 gre"'th
mana-ement e!;iefCommunity Development and Environmental Services
Division Administrator shall notify the applicant in writing of the
deficiencies. The ....... ~ chief Community Development
and Environmental Services Division AdministraTor shall take no further
steps to process the application until the deficiencies have been remedied.
3.15.8.2.7.3. Review and determination or recommendation by Commttnitv
Development and Environme.tal Services Divisio. Aclministrator and tile
cottnt)' atlorne)'. Aflcr receipt of a completed application for
determination of vested rights for APF, the gre;;'th management ch!ef
Community Development and Environmental Services Division
Administrator and the county attorney shall review and evaluate the
application in light ofall of the criteria in section 3.15.8.2.7.7. Based on
the rcview and evaluation, the ....... ~' .......... chiefCommunity
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
words struck 'u ..... u are deleted; words underlined are added.
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conditions by Ihc hearing officer. Such recommendation shall include
findings or fact for each or the criteria established in scction 3.15.8.2.7.7.
to the extent that information is presented or obtained or inclusion feasible
or applicable. Ifthc ~rc';;t!: nv.'n-"-~ement c!:ierCommunity Development
and Environmenial Services Division Administralor and Ihc counly
attorncy agree based on Ihc review and evaluation that Ihc application for
determination orvcstcd rights for APF so clearly should bc granted or
granted with conditions, Ihcn they may cater inlo a wriltcn slipulatcd
determination orvcstcd rights rot APF with the owner, in lieu orthc
writtcn recommendation 1o lhc hearing officer and thc provisions in
sections 3.15.8.2.?.4, 3.15.8.2.7.5. and 3.15.&2.7.6. !!owcvcr, any such
stipulatcd dctcrmination shall bc in writing, signed by the "rc':.'th
,."':.~:n::g~..'~.e.-.t chiefCommunity Development and Environmental Scrviccs
Division Administrator the county attomcy and Ihc owner, and shall
include findings or fact based on thc criteria cstablishcd in scclion
3.15.8.2.?.7., conclusions or law for such criteria, and thc determination
granting or granting with conditions, in whole or in part, the vcstcd rights
for adcquatc public racilitics.
3.15.8.2.7.4 Review and Determination of Vested Rig/~ts Determination for ,4PF
hearing officer. Upon receipt by the Hearing Officer of the Application
for Determination of Vested Rights for APF and the written
recommendation of the c. ...... ~ ~ .......... c.h;~r 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 8.2.7.7, and
shall follow the rules of procedure set forth in Section 120.57(I )(b). 4. 6,
7, and 8. Florida Statutes. and Section 120.S8(I)(a),(d) and (0. Florida
Statutes, and Section 120.58(I)(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 8.2.7.7. 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 Ihe proceedings
and criteria. The order of presentation before the Hearing Officer at the
public hearing shall be as follows: I) the County's summary of Ihe
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. ifany.
3.15.8.2.7.5. Issuance of vested rights determination for APF by hearing officer.
Within fifteen (15) working days after the completion of Ihe public
hearing under Section 8.2.7.4, the Hearing Officer shall consider the
Application for Determination of Vested Rights for APF, Ihe
recommendation of the c:. ...... ~ ~,~ ......... r.h:~c Community
Development and Environmental Services DivisiOn Administrator and the
County Attorfiey, and the evidence and testimony presented at the public
hearing, in light of all of the criteria set forth in Section 8.2.7.7, and shall
den>', grant, or grant with conditions the Application for Determination of
Vested Rights for APF for the property or properties at issue. The
determination shall be in writing and shall include findings of fact for each
Words struck 'u ..... ~ are deleted; words underlined are added.
-100-
of the applicablc criteria cstablishcd in Section 8.2.7.7, conclusions of law
for cach of such criteria, and a tictermination dcnying. granting, or
granting whh conditions, in wholc or in part the vcstcd rights for adequate
public facilitics.
3.15.8.2.7.6 /tppcttl to I/,c I, ottrel e~ ctm.ly cr, m.ti.v.~'io.cr, v. Wilhin Ihirty (30) days
after issuance of the Hearing OITiccr's written determination of vested
rights t'or APF. thc County Attorney. thc r:. ...... ~. ~ ..........
Community Development and Environmental Services Division
Administrator, or thc owner or its authorized attorncy or agent, may appeal
thc determination or vested rights For APF of the [|caring Offlccr to thc
Board oFCounty Commissioners. A fcc for the application and processing
of an owner-initiated appcal shall bc cstablishcd at a rate set by the Board
of County Commissioners from lime to timc and shall bc charged to and
paid by the owner or ils authorized agent. The Board of County
Commissioners shall adopt thc Itcaring Or~ccr's determination of vcstcd
rights for APF, with or without modirlcations or conditions. or reject the
Hearing Officcr's determination of vested rights For APF. The Board or
County Commissioners shall not bc authorized to modify or reject
[lcaring O]'ficcr's dctcrmination of vcstcd rights for APF unlcss the Board
of County Commissioners finds that the Hearing Ofriccr's determination is
not supported by substantial compctcnt cvidcncc in the record or the
l-fearing Of~ccr's public hearing or Ihat the I!caring OFficcr's
determination of vested rights For APF is contrary to the criteria
established in Scction 8.2.7.7.
3.15.8.2.7.7. Cr//eriafor Yc.vted Rigl, i This section is intcndcd to strictly adhere to
and implement existing case law and statutory law as they relate to the
doctrine of vested rights and cquitablc cstoppcl as applied 1o a local
government cxcrcising its authority and powers in zoning. the provision or
adcquatc public facilities concurrcnt with dcvclopmcnt (concurrency), and
relatcd matters. It is the express intent of Collier County to require
application of the provisions of this Ordinance to as much development
and property in the unincorporatcd 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 Section 163.3167(8). Florida Statutes. The criteria herFin
provided shall bc considered in rendering a vested rights determination
under this scction. It is intended that each case bc decided on a case by
case factual analysis. An owner shall be entitled to a positive
determination of vested rights for APF only if hc demonstrates by
substantial competent cvidcncc that hc is entitled to complete his
dcvclopmcnt without regard to the othcrwisc applicable provisions of this
Ordinance based on the provisions of Scction 163.3167(8). Florida
Statutes, or all three of the rollowing requirements of the three-part test
under Florida common law: I ) 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 bc highly inequitable and unjust to destroy the rights
acquired.
3.15.8.2.7.8. Limits/lion o,.t detcrmi/,/I/o, of ve..vted rig/t/x for ,4PF. A Determination of
Vested Rights for APF which grants an application for dctcnnination or
vested rights for APF shall expire and bc null and void unlcss construction
is commcnccd pursuant to a final development order. final subdivision
plat, or final site dcvelopmcnt plan, within two (2) years after the issuance
of the determination of vested rights for APF under this Section 8.2.7. or
unless substantial permanent buildings have been, or are being constructed
Words struck ~u ..... u are deleted; words underl~ne<~ are .added.
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or installed pursuant to a valid, uncxpircd, final dcvclopmcnt order or
Collier County within two (2) years after issuance of the determination or
vested rights for APF under this Section 8.2.7., and such development
pursuant to a final development order, final subdivision plat, final site
development plan, final subdivision master plan, or planned unit
dcvclopmcn[ master plan is continuing in good faith. The aforementioned
two (2) year time limitation on the determination of vested rights for APF
shall bc stayed during any lime periods within which commencement of
constrtlction pursuant 1o a final dcvclopmcnl order, final subdivision plal.
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 Ordinance.
3.15.8.3. Cerl~cate of Pttl~lic FttciHty Adeqttac),.
3.15.8.3.1. General.
3.15.8.3.1.1. A valid, unexpired Certificate of Public Facility Adequacy shall be
obtained at the filing for Ihe 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 estoppcl resulting from
such conditional approval or actions relying thereon.
3.15.8.3.1.2. 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.
3.15.8.3.1.3. Where the proposed development has been issued final subdivision plat
approval or final site development plan approval prior to the effective date
of this Ordinance, a Certificate of Public Facility Adequacy shall be
obtained prior to approval of the next development order required for the
proposed development.
3.15.8.3.1.4. All applicable impact fees and system development fees for a development
shall be paid into the Impact Fee Escrow Trust Fund in Ihe 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 pennit(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 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 Grcwth ,M-"-r:age,T. ent. Chizf
Community Development and Environmental Services Division
Administrator accompanied by the surrender of the original Certificate of
Words struck through are deleted; words underlined are added.
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Public Facility Adequacy obtained prior to issuance of building permit(s)
for the development. Fccs paid upon issuance of building permit(s) in
accordance with Ihc applicable impact fee or system dcvclopmcnt fee
ordinances shall be rcfi,ndable purs.ant to the provisions of such
ordinances upon written request to the Finance Director. Clerk t ,'Courts.
3.15.8.3.2. Rules of general applicahiliO,for certOTcate of p.~lic.fitcil/ty adequacy.
3.15.8.3.2.1. Tinting, An Application for a Ccrli~cate of Public Facility Adequacy may
be submitted at any time, subject to Section 8.3.1.1.
3.15.8.3.2.2. Consolidtaed 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 Ccrti~cale of Public Facility
Adequacy may be submitled with an Application for Development
Approval, where appropriate under this Ordinance.
3.15.8.3.2.3. /~ssignahility and transferability. A Certificate of Public Facility
Adequacy shall run with the land, shall be assignable within a proposed
development, and shall not be assignable or :ransfcrable to other
development,
3.15.8.3.2.4. Expiration. A Certificate of Public Facility Adequacy shall expire three
(3) years from Ihe dale 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:
3.15.8.3.2.4.1. For development comprised of more than five hundred (500) residential
dwelling units, or for a phased increment of development comprised of
more than one hundred and fi fly (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 (5) years from the date of its approval except to lhe extent that
building permits have been issued for the proposed development for which
the Certificate is approvcd. and the proposed development is then
completed pursuant to the terms of the Collier County Building Code.
provided the certificate holder:
3.15.8.3.2.4.1.1. Obtains approval ofits Final Subdivision Plat and Final Site Development
Plan, whichever is applicable, within twelve (12) months from the date of
issuance of the Certificate of Public Facility Adequacy; and
3.15.8.3.2.4.1.2. Commences construction of the infrastructure for the Final Subdivision
Plat and Final Site Development Plan, whichever is applicable. within
twenty-four (24) months from the date of issuance of the Certificate of
Public Facility Adequacy; and
3.15.8.3.2.4.1.3. Completes lhe 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 thirty-six (36) months from the date of issuance of the
Certificate of Public Facility Adequacy.
3.15.8.3.2.4.2. 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
Words struck through are deleted; words underlined are added.
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threshold for each land use component identified in Scction 8.3.2.4.1 that
is proposed for the mixed use development.
3.15.8.3.2.5. Effect. Issuance or a Certificate of Public Facility Adequacy shall
demonstrate proof or adequate public facilities to serve the development
approvcd in the dcvclopmcnl order, subject to the conditions in the
development order. A subsequent Application for Development Approval
for development approvcd in a development order for which a Ccnificatc
of Public Facility Adequacy has hccn approvcd shall be dctc~incd
have adequate public facilities as long as the Ce~i~cale of Public Facility
Adequacy is valid and uncxpircd. When a Ccfli~cate 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 tess of this section prior to approval of any subsequent
development order for the proposed development.
3.15.8.3.2.6. An~hing in this Ordinance to the contra~ notwithslanding, all
Certificates of Public Facility Adequacy approvcd or issued from the date
that the ~ ...... u ~ ............. r,.:~r Community Development and
Environmenlal ~cmices Division AdministratOr presents the proposed ASI
bounda~ maps to the Board of County Commissione~, as provided by
Section 7.4.2.3, through the date that ~c boundaries and Ihe Annual
Residual Capacity Trip Allotments for each ASI are approved by
Board shall be expressly conditioned upon any and all restrictions,
limitations, provisions, boundaries and allotments adopied by the Board of
County Commissioners pursuant to Section 7.4.3.
3.15.8.3.3. Effect of D~elopment ~greement in Conjunction with a Cert~cate
Public Facility ~deqzta~. Upon approval by the Board of County
Commissioners, any applicant may enter into a Development Agreement
with Collier County pursuant ~o the provisions of Section 163.3220-3242,
Florida Statutes, 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 panics punuant to the terns
and conditions of the Development Agreement and the Ce~ificate
Public Facility Adequacy in order to insure lhat adequate public facilities
are available to sere the proposed development concurcot wilh when the
impacts of Ihe development occur on the public facililies. Development
Agreements may address conditional development order approvals and
conditions for renewal of the Certificate of Public Facility Adequacy
beyond five (5) years, however, lhe duration of any Ccflificate of Public
Facility Adequacy shall not exceed five (5) years. Development
Agreements may also provide for private provision of public facilities or
for a joint endeavor between the private sector and Collier County
provide public facilities. Any public facility in the Five (5) Year Schedule
of Capital Improvements in Ihe 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,
deleted, or removed from the Five (5) Year Schedule of Improvements in
lhe CIE.
3.15.8.3.4. Procedure for Revie~v of Hpplication.
3.15.8.3.4.1. Submission of application and fee. An Application for a Certificate of
Public Facility Adequacy shall be submitted to ~e ~ ......
............... ~ ........
Chief Community Development and Environmental Seaices Division
Administrator. An application shall be submitted at the filing of the
earliest or next to occur of final subdivision plat, final site developm~t
Words struck ~ ..... ~ are deleted; words underlined are added.
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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.
3.15.8.3.4.2, ,4pplictttion contents. The form and contents For Ihe Application for
Public Facility Adequacy shall be established by Ihe re. ...... ~. ~.¢
C~ie,c Community Development and Environmental Services Division
Administrator and shall be published and made available Io the general
public.
3.15.8.3.4.3. Determination of completenes.~ atul review. After receipt of an
Application for Certificate of Public Facility Adequacy, the
~¢ .......... C~!ef Community Development and Environmental Services
Division Administrator shall determine whether it is complete within three
(3) business days. If it is determined that the application is not complete,
written notice shall be served on the applicant specifying the deficiencies.
The r.. ..... ~. ~,,f ......... r'~,:~c Community Development and
Environmental Services Division Administrator shall take no further
action on the application unless the deficiencies are remedied. Within five
(5) business days after the application is determined to be complete, the
~ ...... "~' .......... Ch!:r Community Development and Environmental
$erv ces Div sion AdminiStrator shall review and grant, or deny each
public facility component in the application pursuant to the slandards
established in Section 8.3.5.
3.15.8.3.4.4. .4ppeal to Public Facilities Determination ,4ppeal Committee. Within
thirty (30) days alter issuance of the determination of the
.~.{anageme,":t ChiefCommunity Development and Environmental Services
Division Administrator on the Application for a Certificate of Public
Facility Adequacy, the applicant may appeal the determination of the
r: ......~. ~,,f .........r~:,r 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 of an appeal shall bc
established at a rate set by the Board of County Commissioners from time
to time and shah 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 or the ~ ...... ~- ,~
Chief Community Development and Environmental Services Division
Administrator and public testimony in light of all the criteria set forlh in
Section 8.3.5 of this Ordinance. The Public Facilities Delermination
Appeal Committee shall adopt the Cr~;';th .~.'f.=rmgeme.~t Chie.r"c.
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 re. ......~, ~,~ ......... r,.:^r,. Community Development and
Environmental Services Division Administrator's determination. The
Public Facilities Determination Appeal Committee shall not be authorized
to modify or reject the re. ...... ~. ,,f ......... r,.:.r,. Community
Development and Environmental Services Division Administrator's
determination unless the Public Facilities Determination Appeal
Committee finds that lhc determination is not supported by substantial
competent evidence or that the c':. ...... ~. ~¢ ......... r,k;.r.. Communily
Development and Environmental Services Division Administrator's
determination is contrary to the criteria established in Section 8.3.5 of this
Ordinance. The decision of the Public Facilities Determination Appeal
Committee shall include findings of fact For each of the criteria.
Words struck through are deleted; words underlined are added.
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3.15.8.3.4.4. I. Composition of Public Facilities Determination ,4ppeal Committee. The
Public Facilities Determination Appeal Committee shall be comprised of
Ihrec (3) members: the Office of Capital Projects Management Director.
or his designee; Metropolitan Planning Organization (MPO) Coordinator.
or his dcsignec; and Ihe Project Review Services Manager. or his designce.
3.15.8.3.4.5. Ctmcelhttion of certificates. Upon notification by the
Mm~::i;eme,~t C~:!ef .Community Development and Environmental Services
Division Administrator or his alesignet, that an application for a
Ccrli~catc or Public Facility Adequacy has been approvcd and a
Certificate issued, the applicant shall have thirty 1'30) calendar days Io pick
up the Certificate and pay all applicable impact and system development
fees. If the applicant fails to pick up the Certificate and pay Ihc
appropriate fees within twcnly 1'20) calendar {lays of notification of
approval, a second notification of pending cancellation of the Certificate
will bc sent to the applicant by certified mail. If the applicant does not
pick up the Certificate and pay all applicable fees within ten (I 0) calendar
days of notification by certified mail. the Certificate will be voided. !n
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) valld.
3.15.8.3.5. Standards for revie~v 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).
3.15.8.3.5.1. Potable water facilities. 3.5.1.1 The Potable Water component shall be
granted if any of the following conditions are met:
3.15.8.3.5.1.1. The Potable Water component shall be granted if any of the following
conditions are met:
3.15.8.3.5.1.1.1. The required Public Facilities are in place at the time a building permit is
issued.
3.15.8.3.5.1.1.2. The required Public Facilities arc under construct/on at lhe time a building
permit is issued.
3.15.8.3.5.1.1.3. The required Public Factlilies arc guaranteed in an enforceable
development agreement that includes the provisions of Subsections
8.3,5.1.1.1 and 8.3.5.1.1.2.
3.15.8.3.5.2. Sa,itary Sewer Facilities.
3.15.8.3.5.2.1. lhc Sanitary Sewer component shall be granted if any of the following
conditions are met:
3.15.8.3.5.2.1.1. The required Public Facilities are in place at the time a building permit is
issued.
3.15.8.3.5.2.1.2. The required Public Facilities arc under construction at the time a building
permit is issued.
Words ztruc]{ '= ..... ~ are deleted; words Underl~nec~ are added.
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3.15.8.3.5.2.1.3. The required Public Facilities are guaranteed in an enforceable
development agreement that includes the provisions of Subsections
8.3.5.2.1.1 and 8.3.5.2.1.2.
3.15.8.3.5.3. Solid lraste Facilities.
3.15.8.3.5.3.1. The solid waste component shall be grantcd if any of the following
conditions are met:
3.15.8.3.5.3.1.1. The required Public Facilities arc in place at the time a building permit is
issued.
3.15.8.3.5.3.1.2. The required Public Facilities are under construction at the time a building
permit is issued.
3.15.8.3.5.3.1.3. The required Public Facilities are guaranteed in an enforceable
development that includes the provisions of Subsections 8.3.5.3.1.1 and
8.3.5.3.1.2.
3.15.8.3.5.4. 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 4.22.
3.15.8.3.5.5. Park and Recreation Facilities.
3.15.8.3.5.5.1. The Parks and Recreation component shall be granted if any of the
following conditions are met:
3.15.8.3.5.5.1.1. The required Public Facilities are in place at the time a building permit is
issued.
3.15.8.3.5.5.1.2. The required Public Facilities are under construction at the time a building
permit is issued.
3.15.8.3.5.5.1.3. 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.
3.15.8.3.5.5.1.4. The required Public Facilities are guaranteed in an enforceable
development agreement that includes the provisions of Subsections
8.3.5.5.1.1, 8.3.5.5.1.2 and 8.3.5.5.1.3.
3.15.8.3.5.6. Road Facilities. The Road component shall be considered based upon
whether the proposed development is outside a designated ASI or within a
designated ASI.
3.15.8.3.5.6.1. Development OtttsMe Designated Area of Significant bt. fluence (ASl)or
tVl~ere No ASI Exists. For development outside a designated ASI, or
where no ASI exists, the Road component shah be granted.
3.15.8.3.5.6.2. Development ;Vithi, Designated Area of Significant Influence (ASI). For
development within a designated ASI coveting a potentially deficient road
segment, the Road component shall be approved, subject Io available
capacity, if it is demonstrated the proposed development will not make the
potentially deficient road segment within the ASIa deficient road
segment. In the instance where the proposed development will create a
Words struck throu~are deleted; words underlined are added.
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dcficicnt road segment, a Certificate of Public Facility Adcquacy for the
road component shall bc approvcd only for that portion or Ihc
dcvclopmcnt that does not create the deficient mad segment. For
development within a ticsignaled ASI covering a deficient mad segment,
the road component shall bc appmvcd only for that portion of the
development that does not increase the net trips on Ihc deficient mad
segment and does not further degrade Ihc LOS of the dcficicnt road
segment.
SUBSECTION 3.K: AMEND/HENTS, TO GRO~,VT!I MANAGEMENT
DEPARTSlENT DIVISION
Division 5.8, Growth Management Department, of Ordinance No. 91-102, as amended.
the Collier County Land Dcvclopmcnt Code, is hereby deleted in its cntircty as follows:
.... growth management ": ..... shall bc the -'-'-:nc"
'" a~Jitlcn tc "'" :"':"':"': ...... ~'"': ......, ,,...: .....,.:.,.
mcn.".gcr, :,he grc',;'t.h .."~a.':ag;.."~:nt dlrcc:cr s.haH ,have t,hc
5.~.2.1. 'r ..... , ....~.. .,. ........... .. : .............. ,....: .... ,.__:__
g.g.2.2. "'^ rc;'~e;;' ": ...... ,,., .t. ,--^,,:_. ,-- ..............,. ........... '^- and
eouT.::,' ccmmissicr. er;.
IraeiHtlcs ,~cc.'~currenc:;) rcgu~a:ic,'~
Words struck '~ ..... ~ are deleted; words underlined are added.
-108-
SUBSECTION 3.L: AMENDMENTS TO COMMUNITY DEVELOPMENT SERVICES
DIVISION
Division 5.9, Community Development Services Division, of Ordinance No. 91-102, as
amended. the Collier County Land Development Code, is hereby amended to read as follows:
DIVISION 5.9. COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES
DIVISION
Sect. 5.9.1. Creation and appointment of the community development ~nd
environmental services administrator.
The community development and environmental services administrator shall be the agency
head of the community development ~nd environmenta! services division and shall be
appointed by and serve at the pleasure of the county manager.
Sec. 5.9.2. Jurisdiction, authority and duties.
In addition to the jurisdiction, authority and duties which may be conferred upon the
community development ~nd environmental services administrator by other provisions of the
county Code of Collier County or the county manager, the community development and
environmental services administrator shall have the following jurisdiction, authority and duties:
5.9.2.1. To provide the board of county commissioners, the DeveloVment
Services Adviso~ Board, planning commission, the board of zoning
appeals, the building board of adjustments and appeals, the code
enforcement board, and the contractors' licensing board. with reports
and recommendations with respect to matters before such bodies as
directed by the board of county commissioners or the county manager.
5.9.2.2. To administer and manag~ the ..Jc;'c'.c, pm:n: Planning services, pollutiort
Control, Natural Resources, Building Review and permitting. Code
Enforcemen~ ....... "-'"-': ......... ~ .......... and housing and
urban improvement departments, and oversee the preparation of the
budget for each.
5.9.2.3. For the purposes of this code the phrases Development Services
DireCtOr, Growth Management Director, COde CompliaE;ce Ditto.tot,
Growth Planning Director and Planning $erviC:¢$ Director,. Shall meaq
the Community Development and En~,ironmental Services Administrator,
or his design.ee,
SUBSECTION 3.M: AMENDMENTS TO DEVELOPMENT SERVICES
DEPARTMENT DIVISION
Division 5.10, Development Services Department, of Ordinance No. 91-102, as
amended, the Collier County Land Devclopment Code, is hereby deleted in its entirety as
follows:
ECc., _,e.le.l. n ...., .......... :^_ -~:
Words ^'tuck '~ ..... ~ are deleted; words underlined are added.
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e^^ £.I0.2. "' ............ : .... ':
assccla:~d pzr.,mi:~ in aczcrda.':c: wit,': :,'re prcc~::rcs, :zqulr~n'.,ants and
L10.2.2.2, T~ bc r:sp,'~.':slbl: "^' ^" ^'^":"^' "" b.':g rang: ca:l:': .,M a::.d ....."'
Words otruck '~ ..... ~ are deleted; words underlined are added.
-110-
Words struck t,hrcugk are deleted; words Underlined are added.
-111-
Words struck '~ ..... "" are deleted; words unde.rline~ are added.
o112-
~,IvA,~,2' 1,,,:,,1:~,: ..... ,!,A,.;h. ___./ ./..,:__ f, ,.I,!:e:____ ,A Ik__
~"~" "'*""'b~" ~J ~"'~* I"' ~ ' *~'~"~ ~* "~ ,v~,,,./ ~ ~,
~Ie.5,2,1. Tc, ~',:: :zd rcvc, kt, cc=i~c::= :f zccup:ncy:':r. :ccc, r~anc: '::':'.~.
· ~ ~,~,~v ..~ .v.~,.~b ~ ...~i.,~,v..
~.I0.E.2.5, Tc ^^-~ .... cede :nfcr~ement ,,A ,: .... :,_: ......
,, lfi c ') '7 T^ ~.~...~ ,s.^e ^~.,^:. .^_:,^1 _..I~1:. r..:l:o:~ ..J _.^:~f. ^.. 1...:1,
E,!e.E,2,~, Tc manage ^-" :dmln~c:er '~' ..... ':^~- ::r.'!::: "~':^- -:ovldt.
leg~-:^^: 2.3.si3tr,';cc ^.A .,^rr ....... :.: .... A
................... p. ............. Fr=p:= ....
SUBSECTION 3.N: AMENDMENTS TO GROVv'TH PLANNING DEPARTMENT
DIVISION
Division 5.11, Grov, lh P]aning Department, of Ordinance No. 91-102, as amcndcd,
the Collier County Land Dcvdoprncnt Code, is hereby deTeted in its entirety as follows:
Words ^~ .... t. ,~ ..... ~
............. ~,, are deleted; words underlined are added.
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p,...,.,.b ~.,..,,~u,~,. u,, ..~ v~ . ~. ~.,,.J
~,,,,,,,,v, ,v ,v,,~, u,,z.~uu.,j ,,,~ ,,,,,v ,,,,~ ,gv ,,,.y
.... :'": ..... :'"' ....... : .............. J:
E. II,I.2,11. Tc eccr~in:t: wi:.~ c:,%c: ~:p:,~.,~:.~:: and
~. x ,, ~ ,,. ·., ~ v .~,,,.,,.d,~,, s,~u.ubv~ · ,,v,z,,v, .,,~ .,,~,~,,,~,,~
SUBSEt!ON 3.0: A~ND~ENTS TO HOUSING AND UBA~ I~PROVE~ENTS
D~PART~E~T DIVISION
Division 5.12, Housing and Urban Improvement Depa~mcnt, of Ordinance No. 91 -
102, as amended, the Collier County L~d Development Cod~, is hereby deleted in its enti~
as follows:
Words struck ~ ..... ~ are deleted; words underlined are added
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~,,~.,,,. ,,.. ,l/yv,,,,,,.~,,. ,,v z.vu~,.b u..u ,,u.,,
impray:re:n, ~!R:tCT k.. ^,k ....... :.: .... t ,,. ........ r,^.~. ^r r,^,:..
.......................... prel;r:r..: t~, ^tt^eA^kl, k .... : .... ~ ..... f ......J
SUBSECTION 3.P: AMENDMENTS TO DEFINITIONS SECTION
Division 6.3, Definitions, of Ordinance No. 91-102, as mended, the Collier County
Land Development Code, is hereby amended to read as follows:
Division 6.3 Definitions
.Anchor Tenant; An anchor tenant, also known aS a lead tenant, i~ tcnan~ of a ¢o.mmcrgial
establishment which ~enera!ly occunies a larEer square footage than the maiori_ry of
commercial tenants within a mulfi--ocC.upa, lncy strum:lure, An~h0r tcnantl~ t~ncl to be ~o~
.tenants, within a multi-use structure, with whom the Center may be identified, or whic..h may
generate higher volumes of traffic. A multi-occupancy structure may have one or more anchor
.tenants.
Commercial equipment: Any equipment commonly used in a commercial business,
.......... :~. ^c .... : ......... ..~ ....... k^.,4:,~ (See section 2.6.7.)
Words :truck ~ ..... ~ are deleted; words underlined are added.
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Commercial vehicle; Any vehicle used in conjunction with a commercial or business activityv
tn:"-.k'.. (Scc section 2.6.7.)
Facade: The exterior walls of a buildimt visible to the public. which may or may not include il
portion of the roof, arld includes archit.ectural design treatments, entryways, windOwS and the
like.
Metallic .m~.teri.als Or COlOrS: Materia|s or cot. ors having the characteristic. ap~arance or
~Uggestion of m..etal~
Muted .Earthtone COlorS: Co!or~ and color variations with SubdUed intcnsi_ty. predominant in
the natural landscape Of the earth, including variations of green, blue, br0wlr! and yellow,
Navigable waterway_: AnY Salt or brackish body of water, whether natural or mamade, which
is tidal in nature. and is wide enough. deep enough, or free enough from obstructions to be
traveled on by vessels and is connected to another navigable waterway. For the purposes of
division 2.8 of this code, the term naviga.bh; waterway shah not be construed to include
waterways which functiQn primarily aS drainage canals, _
Fredominant exterior bulldine color: Any exterior building color constitutine_ thirty_ (301
percent or more of coverage of a building facade.
Predominant exterior building material: Any exterior building material constituting thirty
{30) percent or more of covera~ze of a building facade,
prima_ry arterial or COllector street: For the p!~_rDoses gf division 2.8 of this code. this lterrq.
~hal] 0~ean those streets adiacent to a commercial building or _pro_jeer which is classified as an
arterial or collector ~;tre¢t in the Collier County Growth Mana,,ement Plan. and which pr0vid~
vehicular ingress and egress to the buildinE or project. excludimt ineress and e~zress intCr~d~l
primarily for delive;ry. 1;~rvjc~ or employee parkinL
Primary facade: Any fac.ade of.a building which iS adjacent to a navigable waterway. public or
private street, or vehicular Use area, excluding those vehicular use areas t~rimari!y intended for
$.ervice vehicles or employee parking,
SUBSECTION 3.Q: AMENDMENTS TO APPENDIX B, TYPICAL STREET
SECTIONS
Appendix B, Typical Street Sections, of Ordinance No. 91-102, as mended, the
Collier County Land Development Code, is hereby mended to read as follows:
LDCB:3 Appendix B- Typical Street Sections
C':; d~ -~,: ~ 2
Local street
Commercial/industrial B-4!
Minor collector
Major collector
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 or
Words ztruck through are deleted; words underlined are added.
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unconstitutional by any court or competent jurisdiction, such portion shall bc deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining portion.
SECTION FIVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances
of Collier County, Florida. The sections of the Ordinance may be rcnumbcrcd or rclettcrcd to accomplish such,
and the word "ordinance" may be changed to "section", "article", or any other appropriate word.
i~CTION 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 -~' day of ~~ , 1996.
BOARD OF COUNTY COMMISSIONERS
.,,,· -.... ,.. '/,,..
~: . ' ) '" ' : ~ C. NORRIS, CHAIRMAN
A'Y'FEST: ': ". c.
DWI~./HTE.,BROC' CI~...~(/~
MARJ~RIE M. STUSENT
ASSISTANT COUNTY ATTORNEY
RM/bk/l 6609
Words struck thrcugh are deleted; words underlined are added.
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~0'
~0' ~0' 2' 6' Y 5'
Min Min Min
Note=:
lo ~otM
2) S~.wa,k ..ct~ (o c~.ist of 4' c~.t..{th 12' ~p~t. C
5) Po~t I~t~ tO C~SJst~t 1 1/2' T~ S-I S' L~ 12' ~tob~iz~ luO~o~e.
~ Unlf~ Tref~ C~tr~ Oe~ce=
5) 3r~ ~ ~ ~t~M but ~o~ I~ ~t ~ ~ly.
~5:~ C~R C~N~ L~O
~ ~ICAL
LOCAL ROAD
4.5' {_ 7.5' Min ~ Sanitary 7:5 __ 4.5'
I Min I - Min I Min I Min
S~oe~k I~t~ to C~lilt of 4" c~ete with ~2' c~t~
"0""'~ ~'~0~'- COLLECTOR
..~., .=,~ ,~ ~.,.,~,, ,/~' ,~. ~-,,, ~.~ MINOR
~ Uni~ Tre{fic C~tr~ Oe~c~
Tree ~o~ ~e ~ti~ ~t ~o~ f~ ~t
laINOR C~LECT~ ROAD
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. 96-66
Which was adopted by the Board of County Commissioners on the 30th day
of October, 1996, during Special Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 7th day of November,
1996.
Clerk of Courts and Clerk '.. '¢ -.
Ex-officio to Board of .. .
County Commission.eS.' .,
:
Deputy Clerk "'.