CCPC Backup 03/24/2010 LDCCCPC
SPECIAL
(LDC)
MEETING
BACKUP
DOCUMENTS
MARCH 24., 2010
AGENDA
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 1:00 P.M., WEDNESDAY, March 24, 2010,
IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING,
COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA:
NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY
ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR
GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN
ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE
WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS
MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE
RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO
BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE
COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL
MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A
PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION
TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL
NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE BASED.
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL BY SECRETARY
3. PLANNING COMMISSION ABSENCES
4. ADVERTISED PUBLIC HEARINGS
A. Land Development Code (LDC) Amendments:
Subsection Description
I Author Publication I Sum.1 Page
Private Petitions
2.03.03 E.1
C -5 Commercial Surgical Mfg. PL2009 -491)
R. Yovanovich
Book/Packet 1
G
59
2.03.04 A. La.
Industrial Zoning Districts (PL2009 -338)
A. Pires
Book/Packet 4
H
7
1.08.02,
2.05.01
Private Petition (PL2009 -467) Definitions-
Density Standards and Housing Types
B. Duane
R. Yovanovich
Book/Packet 4
N
39
2.03.07 G
Immokalee Overlay Deviation Process / Interim
(LDCA- 2009 -AR -14280
R. Mulhere
Book/Packet 4
1
9
2.03.07 L
Vanderbilt Beach RT Overlay — VBRTO
(LDCA- 2009 -AR- 14280)
P. White
Book/Packet 1
K
34
1.08.02
Definitions — Lot, corner — interior - through
S. Chrzanowski
Book/Packet 4
C
MW
3
4.05.02
Typical Off - Street Parking Design — Exhibit A
S. Chryzanowski
Book/Packet 4
Z
87
4.05.04 F
Parking Space Requirements
S. Istenes
Book/Packet 2
Z
69
4.06.01
6.06.05
Generally
Clear Site Distance
S. Chrzanowski
S. Istenes
Book/Packet 2
AA
73
2.03.08 A.4
A uaculture (prohibition within RFMU Sending
J. Wright
Book/Packet 4
L
19
2.01.00
Generally (parking/use of recreational vehicles )
S. Istenes
Book/Packet 1
E
85
2.04.00, 2.04.01
2.04.02, 2.04.03
4.02.02, &
4.02.29
Scrivener's errors, multiple (strike -outs from
table de- conversion were not entered in
ordinance version)
S. Istenes for Fabacher
Book/Packet 4
M
27
10.02.13
Planned Unit Development (PUD ) Procedures
S. Istenes for Devanas
Book/Packet 2
HH
11
10.03.05 B &I
Notice Requirements for Public Hearings
S. Istenes
Book/Packet 4
11
15
Oil
3.05.07 A - B
Native Vegetation Definition, SF Preserve
setbacks
S. Lenber er
Book/Packet 1
P
143
3.05.07 H.1.e
Preservation Standards — created preserves
S. Lenber er
Book/Packet 4
R
47
3.05.07 H.l.g
Preservation Standards - Preserve Managemen
Plans
S. Lenber er
Book/Packet 4
S
63
3.05.07 H.l.h.i
Preservation Standards — Recreational Uses in
Preserves
S. Lenber er
Book/Packet 4
S
69
3.05.07 H.l.h.ii
Preservation Standards — Stormwater Uses in
Preserves
S. Lenber er
Book/Packet 4
T
81
10.02.02 A
Submittal Requirements — Environmental
Impact Statements (EIS )
S. Lenber er
Book/Packet 4
GG
129
5.05.02
Marinas — MPP shoreline calculations
S. Lenber er
Book/Packet I
DD
199
,
1.08.02
Definitions — "Dwelling — Multiple-family"
S. Istenes for Fabacher
Book/Packet 4
A
1
4.06.05 DA
General Landscaping Requirements —
Plant Material Standards
S. Istenes for McNall
Book/Packet 4
AA
91
5.03.02
Fences and Walls
S. Istenes
Book/Packet 4
BB
93
5.04.01, 5.04.0 Re -write of Temporary Use Permit section
5.04.06, 5.04.0
5.04.08,
10.02.06 G, &
Appendix G
S. Istenes for Kelly I Book/Packet 4 1 CC 1 105
5. OLD BUSINESS
6. NEW BUSINESS
7. ADJOURN
NEXT MEETING DATES
CCPC Regular Meeting on Thursday, April 01, 2010 at 8:30 AM
CCPC Regular Meeting on Thursday, April 15, 2010 at 8:30 AM
9
Coder County
=0000on "r
Collier County Planning Commission
AmwWmwwv%*
2009 Cyde 1
LDC Packet No, a
Wednesday, March 24 at 1:00 p.m.
Board Meeting Room
r
LJ
L J
•
•
N
C
- o
U
N
U
Q
a
Cd
p o
0 000
U NNOO.
p'1 v NNO'V
�/�
Vl
E N
'bCn,
o.3b
�4.UCa
ornrnp,rna�
m 00 p o 0
rl
00
U
E tb > d
Qa¢�ozo
O
a.�.Q00 NNO
C N
� o Eo:�NOON
U
4-j
Q
h
0
� N N
"o
3 ° Cd
r�
O U >
O
oz
bq
c
O 'b
1
Lti.
C
- o
U
N
U
Q
a
0
0
N
M
O
o.
U
0..
U
o.
0
N
Q]
N
�L
7
C
ti
b
v
L
T
U
a�
0
0
N
Q
b
6
rn
0
'bCn,
o.3b
�4.UCa
Q
h
"o
3 ° Cd
bq
c
O 'b
by >
A
Q
Ql U
(�
A
T
O
z
X77
iii
A . �
•
s0. cd"
cd
OD b
N
N
c!
p rO
O
u
`v
9a
0o E
U � •�..
O
N
W
N
°
G a
N W
3
K
Y
N >
A
E
u
V
V
0
0
N
M
O
o.
U
0..
U
o.
0
N
Q]
N
�L
7
C
ti
b
v
L
T
U
a�
0
0
N
Q
b
6
rn
0
� U
N
U
o®
� Sr Ci
H �
O
? v
u
L ® ® •O Q .—L •�.
CdO
s
cc3
U
❑ O °00
o
ONN
cd N
V1
N O N
Q%
O ON O, O�
y O O p 0 0
U •pOOp Op
Al
�1
g N N N N N
F-i E bb Y
0) z 5
*
U
CX
�1
O\
U
�
O � N
td
;•
NNNO
i � q N
NOO"O
O y N
U; o
E
O q 0 >
7 O O
4-j
Q V ¢�oz
S:)
'
s
C O °O
U C N N
>p
N
oz
4J
Q
Cld
o �
U
o®
� Sr Ci
H �
O
? v
u
L ® ® •O Q .—L •�.
CdO
s
U
ti
U
U
U
�
O � N
td
;•
O
U; o
U
S:)
'
U
o®
� Sr Ci
H �
M
U
O
V
N
M
O
a
U
a
U
U
01
O
O
N
CIS
UON
N
UO
b
U
U
U
o�
O
0
^U
H
a
N
Q
N
O�
O
O
? v
u
L ® ® •O Q .—L •�.
CdO
s
U
ti
M
U
O
V
N
M
O
a
U
a
U
U
01
O
O
N
CIS
UON
N
UO
b
U
U
U
o�
O
0
^U
H
a
N
Q
N
O�
O
W
T ^^
vi
03
cn
U
W
N
Q
a
r�
U
01
O
O
N
U
N u
U
F
ti /V/�y�
Q O
fd
O O
C)
-fir
Y
.y
o
CA
>
O
UU a �°NN
m N N o N
v N N N
�+ -O Q
N W O r
i C
N
N
U❑
O O �>, ^O
I
N
U o v v
>,
OU
'C' VU
a ro W
W 'U
O
C
�
GL
p
b
3
p cOd w O
O
O O N
2
Zvi ri � it
to
Qv�OZQ
o
d
C P
d O 0 0 0 0 0
m 'O }j O
O 1 z L i N
O
a bNN��o
0 0 c�
ti
OOO "o +
U rz E
oo o
b of o U a3i
_ ;
QrrOZ"
C
b0
ti
p� O\
O
C N N
O
oz
a
U p
q
�-
�
bb
0
C)
w
ro
a
q .�
b w O
L
�
p
b
3
a
O
N
V
•y�
a
rq
O O
O
w
v
M E
� o
p
qY
N
U
'b
O
V
N
M
V �
a
U
Pr
U
U
o�
0
0
N
N
7
M
8
a
a
d
7
U
N
U
o,
°o
U
Q
w
b
C
Q
rn
0
� U
N
7fl-,u oN N o U O D
z
� O
N
o
P4 oz
� cu ^ •o .a V u
>° a b
O c
v � � U
•�,, m C4 q d o h ,^„ m m
v Y
v` U
a NQ 0.o U U
U
0
b
0
7
N
M
W O
V
.L
a
U
P.
U
d,
0
0
N
ro
E
N
a
N
b
T
U
o+
U
Q
b
0
N
4J
CC3
N
�1J
r�
V
r�
ct
"..q
W
F-1
U
U
O
O
N
U
O
b
O_
tt
N
M
O
.I v
a
U
a
U
U
C�
0
0
N
N
N
't7
N
b
N
U
Cif
N
U
U
o,
0
0
U
Q
a�
a�
d
all
0
Q�
V1
03
N
V
Q�
rC)
V
E
O
N
N
r"
V
O
O
N
U
N u
F. u
� oppp
m
fJ
"O
b
r,
P-I N N O_ V
� a+ Q
� Si �
� ❑ i
�
0
U �
CNN N N
N
i
7
�
vi N V N
O
O d �
ti
0 00 6 J > Uri
00 181.
f.
O
o
ti
iii c rn
e
O
U p
oz
U00
rL,
_
r+
J,4
a
U N
c
q
>0.
ba
au
U
O
b
O
N
M
rh O
V V
a
U
a.
U
V
a
0
0
N
N
E
E
N
N
U
U
T
U
O�
O
O
N
U
Q
N
L
b
C
0
N
0
/ O
C U
N
H
U
O
'b
O
�t
N
M
xCD
U
a
U
U
O\
O
O
N
N
b
U
U
T
U
of
0
O
U
Q
O
O
O�
0
�-i
ti
T ^�
V 1
Cld
C ° C)
O O °
C-4 C)
O
id N N N
w 5
C
r"�
O O\ ON O, O\
0 0 0 0 0 0
N N N
tn N N
COO
U p a�i
ozQ
01
rnorn °
O
b N N N N°
� C N
r�
0
U E y N❑
O O tV
Qcn0 Z
o ON
N
Q
w,
ul
Cld
o
0
/ O
C U
N
H
U
O
'b
O
�t
N
M
xCD
U
a
U
U
O\
O
O
N
N
b
U
U
T
U
of
0
O
U
Q
O
O
O�
0
�-i
V1
V L
O\
� O
O
O
u
O
N
M,
N
F- U
� U
.� ON C', p, C\ C,
O C3, p 0 0
O
G N N N C=) N
kr NC j
O
Q�dv�OZQ
N °
� C N
U CL (3 ,,e
Q��d� °zy
U �
c =�
i
O
� O
U
.�
:C
N
U
cti �
� U
_ U �
C O
U U
a..
bq
N xi
0
0 0
U
b
000
N ANN
P-1
a[i
N N O N
U
U U
U
..
O
ti
.� ON C', p, C\ C,
O C3, p 0 0
O
G N N N C=) N
kr NC j
O
Q�dv�OZQ
N °
� C N
U CL (3 ,,e
Q��d� °zy
U �
c =�
i
O
� O
U
.�
:C
N
U
cti �
� U
_ U �
C O
U U
a..
bq
N xi
r
c�
a
W o
o o
O O
U o
O\ -;
Cd
vi O �+
..
O
ti
O
•O
O0
cd
U
0
'C3 i'�+
.,
cn
O
00
O
cn
cd
r
c�
a
W o
o o
O O
U o
O\ -;
Cd
vi O �+
ti
cn
cn
cd
cn
o
a)
0
'� o
Cd
�, -
to
�.bo���
O
coo
L ®
�' n
c3
n
y o
N
p
O •�
vi
U
L4
U
U
O_
V
N
M
O
N �
Q.
U
U
C�
0
O
N
i
a�
y
a)
b
b
U
U
T
U
o1
O
O
N
U
Q
a�
'd
d
C,
0
� U
N
L
o
U
N
U
U
y
H
'� bb
+�
4 S
42
O
Cld
C O �00
'o p
O
NNOO
aCi N N o N
U 0 Cd ca
4-j
a w
o
O
N
(Z)
ci
P+i a
Q%
ON
O O p 0 p
U.pOOp OO
V/
V
CNNNNN
v1 N v N
� j
q E bb
i-• Cif 4--a
ozQ
01
O
ON
J
°
Y�NNNN°
Oh-1
0O��ON °'pN
\/
V
U0ep
Q '¢oozy
4-j
�
14.
o M
0
o
b
c
p
O
j Lrj '7:)
1��
7•+ �+
^ 0 U p
�
�i r�
oZ
N
O
Q
C75 �-�
I
Cd
ct
O N
I
i
� z3
H
L
o
U
N
U
o _-
O
y
'� bb
+�
4 S
42
O
O
? °
o
o
O
(Z)
ci
P+i a
r•y
i-• Cif 4--a
y
J
_
14.
o M
0
I �
b
c
p
U
j Lrj '7:)
7•+ �+
I
�
�i r�
J
O
00
C75 �-�
I
Cd
I
i
� z3
H
c1
o
o ay
of
oc
`/ . C
F -y
' � I
o _-
O
'� bb
+�
42
O
O
P+i a
r•y
i-• Cif 4--a
y
J
_
14.
o M
0
b
c
p
N C >�
Q
�
U
O
N
M
O
U
a
U
C�
O
O
N
b
cd
"Cl
U
V]
U
U
01
O
O
U
Q
,.Q
.b
C>
0
1-1
Q�
V1
_rA
N
I
W
O
U
N
C�
r�
0
N
U
�
N
tJ rU
A7
y °
tl
o�q �3
� ( N
S!
p C u
�O
y"_. � m
zi
M
'a �
G>
� �-0
C
U .� O O p O O
O u G U O �
•-• C •G O O O 01 .< C b y „9 '� b0 C OO G
•tl
.� .�.
y
EvS oi�ari
�Ean
'^"E
m orq E o9 v v � o on5
I la
o
� oa" m
Q� G O O m
�
O� O N 0
O
G
y
O
y F G
y p
.., v0. G. w O
O• «. y
ty .m:
C O�
C N
v Eo a o
Q�a¢Noz�
z
C
Vj Y [j
0>
VD
o
O
o on d w
Q
3 t)
a 0
d p
o] o
on
a. y a�i .y
°
°'
Ei
a
6 o
to
T V
°
O U
Cl)
U
� O
-o°
0
V
N
M
x°
a
Y
a
U
(.i
0
N
x
N
a
c
U
U
a,
O
U
Q
9
G
Q
rn
0
A�
W
I
Q
rH
N
Q
ill
1�
N
a�
A�
V\
0
N
°z V
N
U
" UW
U � NNOO
N N
Q{ � NNON
0 U U
C
c
U �oSgSS
p N N N N N
E N r V NI
Q O 0 U O N
a¢v,ozo
c q
O g q O q
O O O O O
z o. o. o o g
Q via' Qv�O
q q
C N N
Q E r a
W O V o
oz
a,
^^O N
�I
C.
O
U
Q
°
v
0
v
N
0
a
v
a
U
V
D1
O
0
N
v
A
E
b
U
U1
N
T
v
a,
0
O
V
Q
r
b
c
d
0
w
.� end ce
N
C b
p .D
U U U
cd s.
O .0
U
O
° x
to
MO
U O U
o'
on
P
�+
G
N O
N N y U�
0❑
O
o ,,Li
V1
y
'-�
o
p �
o�� o .b
m a .d a
ro❑❑
.�
a
� o
U
y
U
t cl
Y
�
a 3
y
to
O U
�
u
u
¢w
a. O
.fl
c
U
U
#0
N
(•1, O
"w
U
�
°
v
0
v
N
0
a
v
a
U
V
D1
O
0
N
v
A
E
b
U
U1
N
T
v
a,
0
O
V
Q
r
b
c
d
0
C
i," aa
cd
Q%
N
U
N
X111
U
U
O
O
N
U
�
N
U
y
Uu
O
�x
U n
NNOO
� 3 bD �
a9
- j V
N N
U o
u �g
O
� y
�i
n O N
L� p
C 0\
q 000000�'C�
0 rn o,
ro o 0
W V
O p
Z
X1-4
ti
rn > U R% ii
b
O
V] p y O y
rn
FgzP
rq N
N
N
o
oov
av
U I
N N
U
0
b
0
N
M
L.y O
Y
S1.
U
P.
U
U
4-j
W
V1
Vl
Cf)
N
T�
N
N
7
N
ct
U
O
O
N
U
�
N
F rrU'
ti
MVM
1�
p-1 N O N
U ��` i t s
N
'l7
Y ❑O
� 'TJ cd .-.
❑!-�' b�A
i N
E
t
�°
V
w„�
al
o
O p
C N N N
cy
OI W~
^ E on
iy'
v�ozn
s rn
C N N
Q E
O
a z
O U p ti '�, to 1 °., cUd
f"
ca W �; . t
'O
y+ O 'O O
y
h
Qr � (n Y f„y" 1-• i1
U yS'i
'ii
h
T
y H
w
�M
d y
O
o 0 o
.Y •� y b
a
'> �
Q
U
b
0
v
N
M
z °
a
x
P.
III
47
2 u
. Q
~_
■
■
o ƒ
\
(
/
j
§
\
\
5
\
�
d
U) \.
En
_
0
03(/3 §m
4-j
0
q
!
o
\
�
0
Q
�
}\
»e
�
4)
■
■
o ƒ
\
(
/
j
§
\
\
5
\
W
N
Vl
'mow l
W
W
7�
O
r�
N
ct
U
CN
O
O
N
U
�
N
F
r, U
ti
w
U
o
Uro
U 3
°ooO OO
o q ��r rn�
b ca
a" ai
Q9 0 o p o o
CN NNNN
� O a+ a
p
EviNry
N O O
a4
�' 7
Q o 6 U O
.� 'b OV
�j
00 O
n.
> q".
d 000000^
l� U CL Y Q\ C
' N
q
D
p
G
o o
A O N
.� cbOd
�
ro
4
o
�
N
En
0
0
U C N N
W O ) p
C)
O T
q U w
b
Ci
"'
❑ U
=L Q
d C
v — =
> '� NN .D
N'
N
z�Eo
0. U
F
v
C i v
�
vUi U
CLI
0
b
0
N
M
O
x
F�
U
a
U
U
0
0
N
N
4
Nc
e
a
b
b
m
U
U
0
0
7
U
Q
.7
d
0
C/1
ct
r�
vl
rn
N
'L3
W
`TO\/
V
AO,
W
Q
�l
1
V
A�
V\
O
O
N
� U
N
U
P�
0
U� �NOo
^ N N
FBI �
y NNON
U o
^w
000�o�
9 0 0 p 0 0
N N N N N
adrn�zLl
Q v oPO,00\
ro o0 00 ° oo °
s
o,
C N N
W O O O
a" z
� U
h
a
O
U
U
Q
a
0
0
�r
N
M
a°
GL
U
W
U
U
D,
O
O
N
E
a
N
U
v
ro
y
b
.0
U
T
V
O�
O
O
U
Q
.-7
b
G
E
Q
O
W
V1
E
rr�
Vl
`VJI;
A�
W
N
O
U
O
N
I�
ct
r�
v
O
O
N
U
O
b
O_
a
N
t+t
a °
v
a.
U
U
U
d
O
O
N
d
e
b
ro
b
U
T
U
U
Q
Y
G
Q
rn
0
N
E rrU1
ti
MV
W
O � �
U�
N� I�
Y O OA L U I
•�
�.cx
U t0 V U
N VI
c o w
� o O
� �
Oy
[) 4-I •_O �i Q. y�i M y 1�-y
cNn
Ci [�tl N
O
�
U a o'b °c W
cUC b U
U COO�00
O
O Q'r^J O
O O N (C
c
0 i O
•p O O
'�....
o
L
z
oao,oa,o
Q o
m o
al �
7 to
cl
0
A o0
W
O U p
oz
C
c�1
C C 'U C
N C,
,b
y F•
bB
a 'O
N �' ❑ TJ
� O 7 'U-
O
❑_bb
PWWr
❑
Q
N
N U p> U N
N
N
'd'
'O
yb➢ C h
�~ O b
�
R
y y❑
e � y
o
�
.Y
M
�
U
U
O
b
O_
a
N
t+t
a °
v
a.
U
U
U
d
O
O
N
d
e
b
ro
b
U
T
U
U
Q
Y
G
Q
rn
0
i—�
N
.s; Cd
TT�^
Vl
_mayy
N
N
A�
W
r�
a>
U
O
O
N
U
�
N
U
v -o
N
y.
a
U90 ogoo
0
0 0
O
o ° 3'Y o
�
op
� h N r V N
O
•L��" 0 � � irj
M �j > �> O �
/�/
i°i
tyy
� fd
i�
L.0
d
p; u oo. oorno
b `
O
W
o
�
UEE°e 07"
�a Qv'O'Z '�
O U
�
'
s• Q
Q
r� LL
w
o
r w° T
N
>
<d
Q E n
C _
A
cl
G1
^
� O
W Gi
U � � >�
W � O Si � �
•
h h
a
p
Rr
0
� C
bD `v
'�i � N too
a
W
...
WY A � .Si
v
e
.ay~i
o
Y .ca � ❑
4
e m d . �"
'°
atQ.
C E _
'x
G r °�
rq O ° =� ❑
Y
G � i y� � �+
Y
Q
O rte. Cl)
U
O
V
cv
r,
O
a.
U
P.
U
m
0
0
N
0
E
a
a
ro
U
U
U
o,
0
U
Q
G
Q
0
4--a
W
r�
V
N
Q
rl
V
all
O
O
N
� U
N
r. V
0
c °-goo
U N NNOO
N N
U
c
O O p 0 0
G N N p 0 0
Q�a'�ozQ
Q °o 57
a 9 N O N N O
a o
0
� a
0
C N N
W o O o
z z
a�
O U
O
.y
U
U
U
L�
0
0
v
N
Nl
E"q 7
0.
U
a
U
V
a,
O
0
N
v
T
`m
d
b
ti
b
L
U
m
U
T
U
C4,
O
O
u
U
Q
b
E
d
rn
0
U
N
O
.Y
U
N
U
q
a
0
v
0
v
N
t+l
O
R
P.
U
a
U
rn
O
O
N
N
E
U)
N
b
ro
7
b
U
T
U
o.
0
0
U
Q
b
C
E
rn
0
C/1
cc3
00
0 000
U m °NOo
e NN
p-1 v ry N 0 <
r^
r 1 N
9 rn rn� a rn
O O O 0 0
C�
UR
�OONOO
(
a¢�ozca
ON
v,ornrn o
N
Qro °o °ory °off
O
�
U
1 Q ` o
o E
n
a,
C N N
rI
O iJ p
N
�i
�
aQ
O
.Y
U
N
U
q
a
0
v
0
v
N
t+l
O
R
P.
U
a
U
rn
O
O
N
N
E
U)
N
b
ro
7
b
U
T
U
o.
0
0
U
Q
b
C
E
rn
0
A�
W
T�T^
V1
cd
TT�
V1
S"r
N
1T�\I
V
N
O
N
I�
U
0
N
U
N u
F U
r MUM
F�
C O �00
U m NNOO
N N
y N N O ry
•, w
c
C N N N N N
b
KQri�OZ Q
G= v�0000 o_
U o �O�bN m`N
`u p
L 0 6 0 N
0
rn rn
C N N
W O U p
CZ
O
U
N
U
0
b
0
v
N
t+l
O
v
X
4
U
P.
o.
O
O
N
N
x
6J
4
Nc
G7
b
A
7
b
v
s
m
U
T
U
a,
0
0
N
U
Q
.-i
d
G
Q
rn
0
Q�
�-I
rr�^
Vl
�J
a�
O
lU
1�
O
rH
4J
N
Q
U
U
0
0
Pl
U
N u
U
:y U
Q�
0
NN°00
U O NN
P-I aGi N N O N
U �LL
ti N
w
c
9 0 0 0 0 0
p N N N N N
^ E b0 7 U
O N
zca
py/ c rn
U E EoieN�o
z
O
O �
m O �
W O U p
oz
Y
Q b
a
U
N
^U
H
a
0
0
v
N
M
O
v
a
v
R
U
U
W
Vl
cd
73
CA
N
� O
Uyy
7�1
�I
O
rH
U
N u
F U
U
o °
0 000
u A NNOO
N N
P-I y N N O N
Uo
c
ornrn�o� rn
(y 0 0 0 0 0
� Evi rim v �i
Q O d U p y
aQ�OZLI
CIO
� � a
Q �'�oo °o Apo
a E C N ONO O
N
0
U V O O
u N N
W O U p
� oz
c
o a�i
w �
�i
Q
U
N
U
Q
U
b
O_
d'
N
M
� o
v
0.
U
P.
U
a�
O
0
N
N
ti
E
U
U
U
O1
O
U
Q
m
.c
C
Q
0
fi
V E i
i
5}
z
0
0 00
u. .
dl .b
� m
0 El
"q
4>a)
ad
00 f) N
a'.
U
b
O_
d'
N
M
� o
v
0.
U
P.
U
a�
O
0
N
N
ti
E
U
U
U
O1
O
U
Q
m
.c
C
Q
0
W
T�T^
V1
�1
TT�^
Vl
cn
Q�
1
Rp
U
U
W
4i
H
�`v \f
11
ro
U
N
U
�
N
F
rlU
W
b
N y
i-i
0 0000
Yom. b�0
W cd b9
i
. .
a
73 0
N y
vi N v N
n E m• >
O '❑ Oi O'
O C'). q s. a3
O-a
Vl
O q p
O
Z
G
,S
cC O
mP'O 'o
m
oz
O
O
C4
F N N
W U
O p
oz
a
Y
0 t
IT
a�i 3 ' own o
o '
° �'� 0 00
to
z
�'
o
00
ca
w
o
:2
M CQ
-co,
b�-0
tD
�a
VD
c c to
U' `r Fes' .N
cn
-14
P..
U
v°
0
v
N
M
N Ov
a
U
Gl.
U
U
O�
O
0
N
e
8
a
b
N
N
b
N
T
U
41
0
0
Q
.-7
c
E
Q
0
c�
V1
A�
�1
W
U
i—I
a�
O
rH
Q
a
P'H
v
O
0
N
U
�
N
U
x
x
=
� u
o �
o �
C)
bD
O
2
'Eoo�'oo
y
p1 � YO
�
� O
�+ •
Evi r4 vN
O
Q h C4 C
z
o0
Q E
JG
DC
W
O U p
oz
❑ ti ob
o
> c
3
on
.
o -o
ti
U O V)
N
N N
=S
p.
OV
'c 'O
91" N
bo
cd A
•�
y U r
3
bb
O
m
o o,
H
n
oo
c>
d
m
v
o
w N
o o
ro
w
�
a
.
Ow
U
Fa
U
V
q
[)
U
b
O_
V
N
M
O
v
Y
a
U
U
U
0
0
N
d
v
.0
s
a
U)
N
b
U
T
U
a�
O
U
Q
.y
c
E
Q
0
U
N u
d.%
r
V1
o
U NNOO
NON
c
. °_rnaPrno.
rl
V^,1
Vao0000
C N
a¢�ozca
0
Q �
Ste"
P4
N
o a�
0
9 O O
N
a oz
J
y
u
Q b
0
z
_. O
.y
U
U
Q
0
b
0
v
N
O
V
a
U
P.
U
U
o,
O
O
N
N
s
a
U)
m
F
E
a
b
N
N
b
N
N
U
T
U
D`
0
0
U
Q
.-7
b
E
rn
0
N
,s
CC3
Vl
CIO
W
\TW
V
w�
W
r�
v
0
N
U
� U
N
U
r, U
C �
O �
.0 O
U oNOO .
O'O O
U E
�i' a) ' N
E m tO � u N
N •Zy �
U
�i
C O
W
y b 2
0 0 t
O O
O O U CC ° O .
tOOV N N O
O .B O
.N N
U 0
a, 0
CD z
C O. r
9 U U G pq
(�(� C
O � O
o N
N w
^ [% v Q V� Z `N'• °
° '� U CL U 6 O up
C N N
E
W O
O V p
E oz
-o
Y ❑
W W h U
c� v
U
O
'O
O_
C
N
U
Y
a
U
a
U
01
O
O
N
t
b
m
b
N
U
T
U
O�
O
O
U
Q
.-7
c
E
Q
0
U
N
0
O
U
N
U
Q
a
U
O
b
O
N
A �
n..
U
a
U
U
41
O
O
N
N
DO
ti
Ei
9
b
v
U
U
U
C�
0
0
1
U
Q
N
b
C
d
rn
0
U
c�3
��
NNOO
U .b ANN
U y N NON
C
�00000
�o�or4o
1'�
CNN N N N
/1 0 CO v > U
1—i O
zQ
ON
�o,o,a\_
o°
O
O
ca CD N
N N N
C N
�
O E� C,
E U
.O O bD p, 0 > C
EaEn oz=
o
o °o
C ON N
U p
oZ
N
Q
Cld
o �
�
a�
0
O
U
N
U
Q
a
U
O
b
O
N
A �
n..
U
a
U
U
41
O
O
N
N
DO
ti
Ei
9
b
v
U
U
U
C�
0
0
1
U
Q
N
b
C
d
rn
0
� V
N
H V
C
C)
C� U �00000
9 0 0 0 0 0
^y G N N N N N
UE vl y 'd N
V 0 OM fs. U O N
Qcn ZQ
O�
O~
Ql N o
N sSa,oa,
O
V -•ipp"'
E N N N
UO D NOON
0
0 pp fl
H Cn ) VI O z
O
C)
� O O
U C ON N
W O U
oz
o �
a
U
a�
0
o
V
'a
000
N NNN
y
N NON
U
;:J U U
6
V,
C
C)
C� U �00000
9 0 0 0 0 0
^y G N N N N N
UE vl y 'd N
V 0 OM fs. U O N
Qcn ZQ
O�
O~
Ql N o
N sSa,oa,
O
V -•ipp"'
E N N N
UO D NOON
0
0 pp fl
H Cn ) VI O z
O
C)
� O O
U C ON N
W O U
oz
o �
a
U
a�
CJ
N
I=
---- - - - - -- --- - - - - --
2 M. o C, o ors � al o °
cz
q o ° M o o�
t c�
W O Q , - N m<
�'> O o 0 0 o n o o n o n
d 71, d' �n to 'n �o LO 'o "C �'o r- t-
C 0 0 0 O O O O O O O O O n O c 0 0 0 C
e3 c c x d oo 00 oco 0o co* e eo 00 co 00 o0 x o0 0o x
vi e C-zj o e 'n
o
= a 0 0 0 0 o n o 0 o n n o 0 0 0 0 o c
oc
a � Mcf;ririm�t V' ctvi�vi:��LO���Ot�t�
N a o 0 0 0 0 0 0 0 0 0 0 0 o C o C o C
A o0 00 00 o0 00 00 00 00 00 00 o0 cc, o0 00 00 00 00 o0
is
N
U
^7
c�S 4
a.
U
U
O
d'
N
W
CL
U
a
U
U
C;
O
O
N
CION
f�
cn
a�
U
A
U
a;
0
0
U
A
a
Q
rn
0
a,
�'��'a•
6
V,
IE
ct
En
CO
un
En
o -�
o
c
cc U
CJ
N
I=
---- - - - - -- --- - - - - --
2 M. o C, o ors � al o °
cz
q o ° M o o�
t c�
W O Q , - N m<
�'> O o 0 0 o n o o n o n
d 71, d' �n to 'n �o LO 'o "C �'o r- t-
C 0 0 0 O O O O O O O O O n O c 0 0 0 C
e3 c c x d oo 00 oco 0o co* e eo 00 co 00 o0 x o0 0o x
vi e C-zj o e 'n
o
= a 0 0 0 0 o n o 0 o n n o 0 0 0 0 o c
oc
a � Mcf;ririm�t V' ctvi�vi:��LO���Ot�t�
N a o 0 0 0 0 0 0 0 0 0 0 0 o C o C o C
A o0 00 00 o0 00 00 00 00 00 00 o0 cc, o0 00 00 00 00 o0
is
N
U
^7
c�S 4
a.
U
U
O
d'
N
W
CL
U
a
U
U
C;
O
O
N
CION
f�
cn
a�
U
A
U
a;
0
0
U
A
a
Q
rn
0
lci
CC3
O
O
cli
r�
H
F4
1`
U
U
G\
O
O
N
U
r., U
o
0 000
U^ ON ENO
h•'-� N N O� N
U
c
Ud O O p 0 0
0 0 p 0 O
�1 ❑ N N N N N
Ei vi N N
E bb
I� O U p y
�QV107Q
Q°
N O
' C N N _ ^N N
U 0cr Nob O
00 u N
oZy
C
O\ (7N Ub °°
C N N
O U �
O 2
O
0
•U
N
U
Q
U
b
O_
N
rh N
th O
U
U
o,
O
O
N
i
a�
v
-o
.UC".
U
U
o�
O
O
U
CINQ
Q
C)
.M
gar gg
cd
Cd
Cd
Cd
o 4a
q
—1 ct
cd
— Q,
�" > cd
4 a In
'n 0 N --
3 ° �"
'. ct
CD
o
o °u 0
1+ d �
>
C�
cd O ¢+
N 4�
N
N QJ
'C3 U
cd
M ++
cd
0 '
N
,.a
M
cil r
+�
'�
—
>
�.
40.
V) N Q
�" H
U
" ai
o 0 0
0
0 0
0 �'
p O (D ct
O
CD
00
3
V)
Ste.
0
c�
00
3
-
C ^
3
p
�
oc
✓ - U c d
C
o � �
Cd
cd
(D
Eli
0
+; Cd cd
v ,�
�--+
P • ry
... >
U f--r
cd W O En
a~
�.
�/
3�
F-•-1 �
� � � � � it
Ct
----- - -- - --
O
Ok
'i eL ,v
_O
.r, Nom+ ..-i
N
L � ,i O_ 'U •
UD
CIO
Uo
Q,
v]
U
b
O_
N
rh N
th O
U
U
o,
O
O
N
i
a�
v
-o
.UC".
U
U
o�
O
O
U
CINQ
Q
C)
ri
O
U
H
U
a�
En
0
cd
�1
a p °oo
N NOO
C14 C14
CA
y N NON
Oar
«t G,
i 1 0 U U
N z I
' ^' b!J
N i3 N
O cd
N N.
En
p0(21,
v
N
A l
I..�•1
N N N N
°
F--i 0 ;:1 ¢' r-+ O N
¢�ozQ
cz
O�
�rnorn
Q
Cl
o
O
N N O
b
~ r = N
r l
I
U E �� c��oo
v
U N
bb >
Q .0 ¢ � 5
O
r ` p0
U C C, N
O
!��
^ O U p
saw
0 oz
N
Q)
�Q)
ct
o
fr
.tj
ri
O
U
H
0 CIS
Q o 7s o r
Cd
cl
o � 0 +
o cd
�+
0'0 s=
cn
Cd
J
•-� N � � � 'LS �
x
a�
En
0
cd
«3
Oar
«t G,
co
N z I
' ^' b!J
N i3 N
O cd
N N.
En
vn
V)
°
°
cz
`s
x-.
Ed
O
saw
Q)
fr
.tj
N
I
0 CIS
Q o 7s o r
Cd
cl
o � 0 +
o cd
�+
0'0 s=
cn
Cd
J
•-� N � � � 'LS �
x
U
-0
O_
x"
M
xC)
U
a
U
U
cno�
O
0
N
.S y
b
cd
In
b
a�
U
N
U
U
ON
O
O
U
Q
°
a�
En
0
cd
" U O
Oar
«t G,
7Cy�
En
vn
V)
°
U
-0
O_
x"
M
xC)
U
a
U
U
cno�
O
0
N
.S y
b
cd
In
b
a�
U
N
U
U
ON
O
O
U
Q
°
p
> Q" O
«t G,
vn
U
-0
O_
x"
M
xC)
U
a
U
U
cno�
O
0
N
.S y
b
cd
In
b
a�
U
N
U
U
ON
O
O
U
Q
°
a.>
N
CCj
N
r0
V
A�
r^l�
1
r---q
oj
V
r�
V
O�
O
O
N
U
O
O_
V'
N
M
M1 O
H
S3.
U
a
U
U
CIOo,
0
0
N
N
N
.t,
b
N
TJ
U
N
U
A
O
O
U
Q
a
a�
v
a�
Q
rn
0
ct
C/)
cn
O
a�
O
r�
Q
rl
Q
V
O�
O
O
N
N
H U
o
C'4 NO
N
F+1 N N O� N
.ornrn�rn rn
y 0 0 p 0 N
0
N N N N
�viN�d�N
0 Cl) z Q
C ON
(� O O °
m 5 N p
F-I N N
U
C',
� �
U y NCC
O 4 > A
U q N N
W O U p
oz
a�
o �
P-4
r.
O
U
/)
H
a
U
O
v
N
F�j O
v�
a
U
U
U
O
O
N
N
N
N
b
U
U
o�
0
0
U
Q
a
a)
y
a�
CD
0
I
.0 U
U
+'
�
14:11 O
U v
bA
_
a
c
MU�
N
4]
"0
Cd
p ;j
v
+U+
O
�. bo
c'
CD
—-
oh
Q
g
Q
N p
CIO
U
O 0 v;
c
N
S Ct
V U CD
cr
? /r
bo
o
i
c ci
r- °
brio
r-� a, o' O
d
05
U
O
v
N
F�j O
v�
a
U
U
U
O
O
N
N
N
N
b
U
U
o�
0
0
U
Q
a
a)
y
a�
CD
0
N
03
i-r
W
N
'.d
TO
V
O
rH
N
'.d
F�
U
0
0
N
� U
N
U
0
y HNON
O �
c
o rn rn� a rn
O N N N N N
h N r V N
q E on > d
�Qri�O',zQ
ql� °ooSgo
U
d p
Q O O m adi O p N
0
o, o.
n o 0
U C N N
W O U p
oz
O aJ
a�
�i
O
U
U
w r a� ti o
N N d N N R
400000 N OO 0 0 00
0 0 0 0 O O O O O O
0
b
0
v
N
m
O
v
.SC
M
I
de
w
�w
> >
>
C4
y O O
d
d
u VI
W
d
o O w
0. U
u E
L L
u L
y0.
y
O
C GQ �
Y
w—
S �.
O
❑ U y t
c w oa
m u
U
Q P.,
Syr
d Vl t�I
a6�.,aao �aa
m cy
° io 'c
QCv�a'. °ari
v',Qaczic40N
w r a� ti o
N N d N N R
400000 N OO 0 0 00
0 0 0 0 O O O O O O
0
b
0
v
N
m
O
v
.SC
M
I
Text underlined is new text to be added
F Bold text indicates a defined term
1 LDC Amendment Request
i 2
3
4
5 ORIGIN: Community Development & Environmental Services Division
6
7 AUTHOR: Catherine Fabacher, AICP
8
9 DEPARTMENT: Zoning & Land Development Review
10
11 AMENDMENT CYCLE: 2009 Cycle 1
12
13 LDC PAGE: LDC 1:19
14
15 LDC SECTION(S): 1.08.02 Definitions
16
17 CHANGE: Restore definition, "Dwelling, multi - family," from the old code (Ord. 91 -102, as
18 amended). With changes below, definition reads verbatim from Ordinance No_. 91- 102_as
19 amended.
20
21 REASON: Essential elements of the definition for "dwelling, multi - family" were lost during
22 re- codification; definition term was previously known as "Dwelling, multiple - family."
23
4 FISCAL & OPERATIONAL IMPACTS: None
25
26 RELATED CODES OR REGULATIONS: None
27
28 GROWTH MANAGEMENT PLAN IMPACT: None
29
30 OTHER NOTESNERSION DATE: August 26,2009; February 2, 2010.March 15, 2010.
31
32
33 Amend the LDC as follows:
34
35 1.08.02 Definitions
36
37 Dwelling, multi - family: A group of 3 or more dwelling units within a single seaaentierial
38 building.
39
40 For purposes of determining whether a lot is is for multiple - family dwelling use the following
41 considerations shall apply:
42
43 a. Multiple - family dwelling uses may involve dwelling units intended to be rented
44 and maintained under central ownership and management or cooperative
45 apartments, condominiums and the like and may include the fee ownership of
- 1 6 land beneath each dwellinq unit following development from a common base of
7 ownership.
1 -
I: \09 Amend the LDC\2009 -Cycle i \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
Text- �. �, is —:.� .. _ .
A Bold text indicates a defined term
b. Guesthouses and s€ae plovee quarters shall not be considered as
dwelling units in the computation of subsection a above and shall be limited to
one (1) per unit.
C. Any multiple - family dwelling in which dwelling units are available for rental for
periods of less than one week shall be considered a tourist home a motel motor
hotel or hotel as the case may be and shall only be permitted in districts where
specifically designated.
d For the purpose of this land development code timeshare estate facilities shall
be considered as intended primarily for transient occupancy and shall only be
permitted in districts where specifically designated.
I. \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
( 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
_22
.3
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
4
Text underlined is new text to be added.
Te>4-sinkethmugh -is -e
Bold text indicates a defined term
LDC Amendment Request
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Susan Istenes, AICP
DEPARTMENT: Zoning, Planning and Engineering
AMENDMENT CYCLE: 2009, Cycle 1
LDC PAGE: LDC1:24
LDC SECTION(S): 1.08.02 Definitions
CHANGE: 1. Add definitions and illustrations for "Lot, comer ", " Lot, through" and "Lot,
interior" that were left out when the LDC was recodified (Ordinance No. 04 -41). 2. Remove the
definitions for through and interior lots because they are being modified ; the definition for
comer lot remains the same 3. Add the modified definitions in as amended text as shown below.
REASON: 1. The above referenced definitions are being added back in because they were
unintentionally left out when the code was recodified (Ordinance No. 04 -41) In order to change
the definitions they have to be added back in since they do not physically exist in the current
Land Development Code however are still in effect pursuant to Ordinance No. 04 -41. 2. The
definitions of through lot and interior lot are being struck out because they are being modified. 3.
The definitions are being added back in as modified (added reference to figures and re- worded
through lot definition)
FISCAL & OPERATIONAL IMPACTS:
RELATED CODES OR REGULATIONS:
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE: Previous version was created in 2007 for the LDC 2007
Cycle I; however, it failed to be approved in that cycle. Initial version created November 11,
2009; modified February 17, 2010; modified March 12, 2010.
Amend the LDC as follows:
1.08.02 Definitions
3
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
4
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
Text- stti4h�- Ee,,..,.,R- .�,,�t�
Bold text indicates a defined term
2
3
Lot corner
A lot located at the intersection of two or more streets. A lot abutting a
4
curved street or streets shall be considered a corner lot if straight lines drawn from the foremost
5
points of the side lot
lines to the foremost point of the lot meet at an interior angle of less than
6
135 degrees.
7
8
9
10
Lot interior
A lot other than a corner lot with only one frontage on a street.
11
12
t
A lot than Int 4th ni„ one frontage OR street
13
Let,
other GGFR8F _
14
15
16
Lot interior
A lot other than a corner lot with only one frontage on a street. See
17
Figure 9A.
18
19
* r
20
21
Lot through
A lot other than a corner lot with frontage on more than one street.
22
Through lots abutting
two streets may be referred to as double - frontage lots
23
24
A Int nth._.r thEIn lot, With frontage OR than 9R8 otrn84
25
Let, through:
lots
a--G9FRer ,,._.e
twe be referred to as double fFGntage lots--.
26
ThFeugh abutt ng
streets may
27
28
Lot through
A lot other than a corner lot with frontage on more than one street.
29
Through lots abutting
two streets is considered a double - frontage lot. See Figure 9A.
30
31
x *
x x x x x x x x x
4
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
mr �.
`Lo: Aa con \\
LI
�ocoj �
Figure 9A
Text underlined is new text to be added.
Te tabe deleted:
Bold text indicates a defined term
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet\mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
Text-strikathrGugh
Bold text indicates a defined term
26 -- This page intentionally left blank --
27
I. \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added
eted:
�I� Bold text indicates a defined term
1 LDC Amendment Request
/ 2
3 ORIGIN: Private Petition (PL2009 -338)
4
5 AUTHOR: Anthony P. Pires, Jr., Woodward, Pires & Lombardo, P.A. on behalf of Homer
6 Helter
7
8 DEPARTMENT:
9
10 AMENDMENT CYCLE: 2009 Cycle I
11
12 LDC PAGE: UNKNOWN AS NOT YET CODIFIED IN THE MUNICIPAL CODE
13 CORPORATION VERSION OF THE LDC; SEE PAGES 74 -76 OF ORDINANCE NO. 08 -11.
14
15 LDC SECTION(S): Section 2.03.04.A.1.a.
16
17 CHANGE: ADD /CREATE LDC 2.03.04.A. La.54 as outlined below.
18
19 REASON: Allow and authorize longstanding and existing uses and businesses
20 [approximately 10 years] at 5510 Shirley Street, Naples, Florida, zoned "I" Industrial Zoning
21 District,; and, resolve all pending matters and issues as to uses and business operations
22 [including but not limited to the existing antique retail /wholesale business use] at 5510 Shirley
23 Street, Naples, Florida, in the "I" Industrial Zoning District.
14 After reviewing the various permitted uses listed in LDC Section 2.03.04.A.Ia, it
25 is readily apparent that the use(s) currently engaged in by Mr. Helter, and for which this
26 amendment is requested, has /have "retail" characteristics similar to a substantial number of
27 existing permitted uses, i.e. businesses that would not have primarily "storage, warehousing,
28 wholesaling or distribution" characteristics. By virtue of their existence in the current LDC, the
29 Board of County Commissioners has thus made the determination that the following uses, with
30 "retail" characteristics similar to that of Mr. Helter's business, or uses that do not have primarily
31 "storage, warehousing, wholesaling or distribution" characteristics, are consistent with Collier
32 County's Growth Management Plan.
33
34 By way of example I note the following uses [with noted SIC Code and LDC
35 section]:
36 1. Barber Shops, 7241, [LDC 2.03.04.A.1.a.5].
37 2. Building Construction, 1521 -1542, [LDC 2.03.04.A. 1.a.7].
38 3. Business services, 7318, 7319, which includes
39 photocopying, equipment rental and leasing, employment agencies
40 7361, employee leasing 7363, computer rental and leasing 7377,
41 computer maintenance 7378, detective and guard services 7381,
42 process service 7389, [LDC 2.03.04.A.1.a.8].
43 4. Insurance agents, including title insurance 6361 and 6411,
44 [LDC 2.03.04.A.1.a.25].
15 5. Membership organizations, 8611, 8631, [LDC
6 2.03.04.A. I .a.31 ].
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Text underlined is new text to be added.
T.., r`.,t:.:'. :o Hs- d-
Bold text indicates a defined term
FISCAL & OPERATIONAL IMPACTS: NONE
RELATED CODES OR REGULATIONS: None aware of at this time.
GROWTH MANAGEMENT PLAN IMPACT: The applicant believes the proposed
language and uses are consistent with: A.) other current existing uses in the "I" Industrial Zoning
District found to be consistent with Collier County's Growth Management Plan, and B.) the
Growth Management Plan. [see letter of May 27, 2009]
OTHER NOTESNERSION DATE: Created May 27, 2009; modified March 16, 2010
Amend the LDC as follows:
2.03.04 Industrial Zoning Districts
A. Industrial District (1). The purpose and intent of the Industrial district (1) is to provide
lands for manufacturing, processing, storage and warehousing, wholesaling, and
distribution. Service and commercial activities that are related to manufacturing,
processing, storage and warehousing, wholesaling, and distribution activities, as well as
commercial uses relating to automotive repair and heavy equipment sales and repair are
also permissible in the I district. The I district corresponds to and implements the
industrial land use designation on the future land use map of the Collier County GMP.
The following uses, as identified within the Standard Industrial Classification
Manual (1987), or as otherwise provided for within this section, are permitted as
a right, or as accessory or conditional uses within the industrial district (1).
a. Permitted uses.
54. Existing retail uses that were in operation on January 1 2009, in
the Industrial zoning district and which have been continuously
and conspicuously operating in the Industrial zoning district as of
the date of adoption of this amendment without limitation as to
square footage of the retail use These existing retail businesses
shall be treated as legal non - conforming uses in accordance with
the LDC provided however that in the event of destruction or
damage due to natural disaster, the structures housing such uses
may be rebuilt to their pre- disaster condition.
1 A09 Amend the LDCA2009 -Cycle 1 ALDC PacketAmar 24 CCPC pktACCPCmar24 PKT4 (031810) -doc
Text underlined is new text to be added.
Bold text indicates a defined term
1 LDC Amendment Request
-. 2
3
4
5
6 ORIGIN: Immokalee CRA (through contract with RWA, Inc.)
7
8 AUTHOR: Robert J. Mulhere, AICP, RWA, Inc.
9
10 DEPARTMENT: Immokalee CRA
11
12 AMENDMENT CYCLE: 2009 -1 Cycle
13
14 LDC PAGE: LDC 2:40.3
15
16 LDC SECTION(S): Section 2.03.07 G Immokalee Overlay
17
18 CHANGE: The proposed amendment creates an interim process allowing for deviations from
19 various existing LDC provisions for properties located within the Immokalee Urban Area
20 through the processing procedures of the existing administrative variance process pursuant to the
21 conditions stated below or by approval of the Collier County Planning Commission in a public
22 hearing. The purpose of Section 2.03.07 G, Immokalee Overlay is "To create the Immokalee
23 Overlay District with distinct subdistricts for the purpose of establishing development criteria,
14 suitable for the unique land use needs of the Immokalee Community. "
25
26 Presently, substantial amendments to the Immokalee Area Master Plan (IAMP) are being
27 developed with specific Goals, Objectives and Polices to fulfill this purpose. Once such
28 amendments have been adopted by the Board of County Commissioners, comprehensive
29 Immokalee- centered and IAMP -based LDC amendments will be developed for inclusion in this
30 section of the LDC. It is anticipated that this process will take approximately 24 months from
31 adoption of the IAMP to complete. This amendment proposes an interim process to allow for
32 deviations from various LDC provisions for properties being improved within the Immokalee
33 Overlay District. This section is interim in nature and will be in effect for 24 months from the
34 date of adoption of this amendment and will be eliminated once the comprehensive Immokalee
35 Overlay LDC amendments have been adopted. A further extension of this interim deviation
36 process may be granted by the BCC if such extension is warranted. This section addresses the
37 specific permissible deviations, limitations thereon, and the review and approval process. This
38 interim amendment will establish a process that will allow for deviations from the various LDC
39 provisions within the existing Immokalee Urban Designated Area. The deviations will be
40 administratively reviewed and approved if they fall under certain thresholds, or otherwise will
41 require a public hearing before the CCPC. The deviations are limited to specific LDC provisions,
42 and specific evaluative criteria have been established.
43 REASON: The Immokalee CRA Advisory Board and the IMPVC advocates the creation of
44 Immokalee- specific LDRs, which will be different from those applicable in Coastal Collier
' 5 County. They will be consistent with and further the Goals, Objectives and Policies of the IAMP
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt\CCPCm2r24 PKT4 (031810).doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
Text underlined is new text to be added.
TexE- strikekcncrerrt -te�
Bold text indicates a defined term
and the CRA Redevelopment Plan. The primary Goal is expressed in the current draft LAMP as
follows:
Encourage future growth in Immokalee that will promote economic diversity and prosperity,
while providing adequate infrastructure and services, protecting important natural resources,
and promoting the creation of safe, affordable housing. The design of new development and
the compatibility of land uses will be important considerations in protecting and enhancing
quality of life in the community.
Given that this goal recognizes the importance of design as it relates to new development and
compatibility of land uses as essential considerations in protecting and enhancing the quality of
life in Immokalee, this interim deviation process has been developed to be limited in its
applicability and to require full consideration of the compatibility issues associated with any
deviation request.
FISCAL & OPERATIONAL IMPACTS:
This LDC amendment will have a fiscal impact on the County in that Community Development
and Environmental Services (CDES) staff time and resources are required to review and process
deviation requests. Given the narrow focus of the proposed interim deviation process, impacts to
other County departments or independent districts should be minimal.
It is anticipated that deviations will be requested on average 10 to 15 times per year.
CDES staff estimates that the cost to process, review and comment on administrative deviation
requests will not be much different than the staff time required to process and review an
administrative variance, the current cost of which is $1,000. The requested deviations will have
to be analyzed for impacts to surrounding properties and the subject site and a separate written
analysis and conclusion will have to be drafted with respect to the approval or denial of a
deviation. Staff can monitor the time and probably should as multiple deviations could be
considered under one application thus necessitating additional staff review time. Any that are
required to go to the CCPC for approval will incur costs currently associated with a dimensional
variance petition which is currently CDES application costs of $5,000 and the costs of required
advertising.
RELATED CODES OR REGULATIONS: None.
GROWTH MANAGEMENT PLAN IMPACT: This LDC amendment is consistent with
the Collier County GMP (including the LAMP).
OTHER NOTESNERSION DATE: March 11, 2010
Amend the LDC as follows:
2.03.07 Overlay Zoning Districts
10
1 '. \09 Amend the LDC\2009 -Cycle t \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810). doc
Text underlined is new text to be added
Te... er" T te)44�be-
Bold text indicates a defined term
1 G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with
2 distinct subdistricts for the purpose of establishing development criteria suitable for the
3 unique land use needs of the Immokalee Community. The boundaries of the Immokalee
4 Urban Overlay District are delineated on the Maps 4- below.
5
6 [Replace Existing Immokalee Overlay District Map with the following two maps:]
7
8
I MMOKALEE OVERLAY DISTRICT
A -wM iii j m
o-o i
C \ A -mm
r�s �
usrw _
AW-1
�1
L
11
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
1
2
3
Text underlined is new text to be added.
Bold text indicates a defined term
IMMOKALEE URBAN AREA OVER
z
WEST HALF
U
Q
A -MHO
..i_f.�..�_..
H PUD
IJ
C '1I VR Dx St �
1 2 y
L
PI(E'fBAFF R
A1HOJ
PU)Dk ! ,H P el 11� P
LAKE
RSF -3 =.
TRAFFORD
A-MHO
PIED.
I
V'
t
R
I Y�O
R
Z
2
U
F
Q
12
1 ' \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
1
2
Text underlined is new tent to be added
�- Bold text indicates fa defined term
z IMMOKALEE URBAN AREA OVERLAY
EAST HALF
tz
a
1
t
r
PuD IMMOKALEE REGIONAL
itt AIRPORT
{ I
3
t p /. A -MHO
P v
fJJf I I
- tL`SS
6 _
(—il r
Q q
� }{
4R y (If t
RryiF -1 t�... Pl
A -MHO
..
V
_ _
R H Rqr,
R
E
J SF
R5 3 D
I e
i
A -MHO
Z
I
U
Q R�
13
1 \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
Text underlined is new text to be added.
Text st:keth.aag.4s
^rF Bold text indicates a defined term
7 Interim Deviations Property owners within the Immokalee Urban Overlay District may
request deviations from specific dimensional requirements (noted below) which are
contained within sections of the Land Development Code. A deviation request may be
reviewed administratively or by the Planning Commission depending upon its scope.
This section addresses the specific permissible deviations limitations thereon and the
review process.
a Review Process Requested deviations that meet the criteria for administrative
approval (insubstantial deviation) as set forth in 7c. will be reviewed through the
same processing procedures and fees associated with administrative
variances (Section 9 04 04) using the standards and criteria set forth below. A
deviation that does not meet the criteria for administrative approval (substantial
deviation) will be reviewed by the Planning Commission through the same
processing procedures and fees associated with dimensional variances (Section
9.04.00). This is not intended to replace the current established process of
requesting deviations through the PUD rezoning process
b Concurrent Deviation Application required All deviation requests shall be made
concurrently with an application for an SDP or amendment SIP or amendment
or Final Subdivision Plat The applicant shall list all requested deviations on the
required site plan(s) and shall depict the deviation(s) graphically on the plan(s)
Additional graphic information may also be required by staff, on a case -by case
basis.
C. Insubstantial Deviations Requested deviations that do not exceed 10 percent of
the required dimension amount size or other applicable dimensional standard
with the exception of the required number of parking spaces which may not
exceed 20 percent of the LDC requirement (not more than 10 spaces) are
herein defined as insubstantial and maV be approved by staff in conjunction with
the review of an associated application for Final Local Development Order (site
plan site improvement plan plats and amendments) utilizing the following review
criteria
I. The proposed deviation pursuant to an addition alteration or
rehabilitation is compatible with adjacent land uses and structures
achieves the requirements of the regulations as closely as is practicable
is consistent with the Growth Management Plan and the intent of the
related Land Development Code regulations.
ii. The applicant proposes equitable tradeoffs for the proposed diminution in
development standards specifically increased open space landscaping
pedestrian spaces buffering and architectural features in order to meet
the intent of the regulation being diminished.
d. Substantial Deviations. Requested deviations exceeding the limitations set forth
above in subsection c above and certain architectural provisions specifically
identified in subsection q below are herein defined as substantial and may be
approved by the CCPC at a public hearing subject to the following
considerations and public notice provisions:
14
L \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added
+ Bold text indicatesa defined term
1 i. Considerations for Review and Approval The CCPC shall consider the
( 2 following:
3
4 a) Whether or not the proposed deviation is compatible with adiacent
5 land uses and achieves the requirements and /or intent of the
6 regulations as closely as is practicable and is consistent with the
7 Growth Management Plan' and
8
9 b) Whether the proposed deviation is the minimum amount
10 necessary to allow for reasonable use of the property and /or
11 address the issue necessitating the deviation request and
12
13 c) Whether the reduced or increased standard requested by the
14 deviation is mitigated for either on the subject site or by providing
15 a public benefit on the subject site Examples of such on -site
16 mitigation include but are not limited to: increasing setbacks from
17 the adjacent right -of -way when proposing to deviate from sign
18 size limitations; increasing plantings or planting sizes or installing
19 a fence or wall where a reduced buffer width is proposed
20 providing public pedestrian and /or bicycle pathway easements or
21 other similar mobility improvements including transit
22 enhancements providing public parking beautification in the
23 public realm including street trees street furniture lighting and
24 other similar public benefits
25
' 6 e. Applicability — List of Development Standards Eligible for deviation requests
27 Property owners shall be eligible to seek a deviation from the following
28 dimensional requirements of the Code unless otherwise noted
29
30 i. 3.05.07.8.1 Preservation Standards Specific Standards Applicable
31 Outside the RFMU and RLSA districts Required Preservation
32 Percentages (Table Inset) consistent with Policy 6.1.1 of the
33 Conservation and Coastal Management Element
34
35 jj. 4.02.01.A Dimensional Standards for Principal Uses in Base Zoning
36 Districts:
37
38 a) Table 1 Lot Design Requirements for Principle Uses in Base
39 Zoning Districts
40
41 b) Table 2. Building Dimension Standards for Principle Uses in Base
42 Zoning Districts excluding building height and in the case of
43 commercial parcels located in the Neighborhood Center
44 Subdistrict as depicted on the Immokalee Area Master Plan
45 (TAMP) Future Land Use Map (FLUM) no deviation shall be
46 granted, for new development from the required 50 -foot building
47 setback when abutting residentially zoned properties or from the
48 minimum 10 -foot wide landscaped strip between the abutting
49 right -of -way and the off - street parking area for new development
0 but deviations from these requirements may be considered in the
15
1109 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
Tee.
^ Bold text indicates a defined term
case of redevelopment where existing structures and /or
encroachments are proposed to remain;
C) Table 2.1 - Table Of Minimum Yard Requirements (Setbacks) for
Base Zoning Districts.
iii. 4 02 02 Dimensional Standards for Conditional Uses and Accessory Uses
in Base Zoning Districts limited to the following subsections:
a) B.1.a (ii);
b) E (Table Inset) except building height
C) G 1 (f) limited to a maximum of three stories, (g), and (h);
d) J.4 and
e) K.1.(b) limited to minimum lot area.
iv. 4.02.03.A Specific Standards for Location of Accessory Buildings and
Structures Dimensional Standards (Tables 3 and 4).
V 4.02.03.B Accessory Building Lot Coverage
vi 4.02.27.0 Specific Design Standards for the Immokalee- -State Road
29A Commercial Overlay Subdistrict Building Design Standards
vii 4.02.28.A Same -- Jefferson Avenue Commercial Overlay Subdistrict,
Building Design Standards.
viii 4.02.29.A Same - -Farm Market Overlay Subdistrict, Dimensional
Standards.
X. 4.02.32. Same - -Main Street OverlaV Subdistrict limited to the following
subsections A C.1 D.3 and D.4 and E.1 E.2 and E.3.
X. 4.05.04.G (Number Required) and Table 17 and 4.05.06.B Loading
Space Requirements utilizing the existing administrative deviation
process set forth in LDC Section 4.05.04.F.2., recognizing that the
reduced need for off - street parking in Immokalee may be offered as a
viable basis or such administrative deviation.
xi 4.06.02.0 Buffer Requirements (Limited to required width).
xii 4 06 03 B Landscaping Requirements for Vehicular Use Areas and
Rights -of -Way Standards for Landscaping in Vehicular Use Areas.
xiii 4.06.05.B General Landscaping Requirements Landscaping
requirements for industrial and commercial development limited to
subsection B.3.
16
1109 Amend the LDC \2009 -Cycle 1\LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added
rkathrough is
Bold text indicates 'a defined term
1 xiv. 4.06.05.0 General Landscaping Requirements Building Foundation
2 Planting Requirements (including Table Inset)
3
4 Deviations to the dimensional provisions of the following three
5 architectural subsections (C D E) qualify for review under the
6 insubstantial review process provided they do not exceed a 10 percent of
7 the required dimension. Dimensional deviations that exceed 10 percent
8 and requests to deviate from non - dimensional provisions of these
9 sections only, shall be reviewed by the Planning Commission under the
10 substantial deviation process
11
12 xv. 5.05.08.0 Architectural and Site Design Standards Building Design
13 Standards.
14
15 xvi. 5.05.08.D Design Standards for Specific Uses
16
17 xvii. 5.05.08.E Architectural and Site Design Standards Site Design
18 Standards limited to subsections 1.b 2; 3 4 5 and 7.
19
20 xviii. 5.06.04 Sign Standards for Specific Situations limited to subsection C
21
22 f. Duration of these provisions These provisions are interim in nature and will be in
23 effect for 24 months from the effective date of this ordinance and will no longer
24 be in effect once the comprehensive Immokalee Overlay LDC amendments
25 have been adopted An extension of these provisions may be granted by the
2 6 BCC if the BCC deems an extension is warranted
27
28 g. Public Notice. Public notice is required for substantial deviation requests and
29 shall be provided In accordance with the applicable provisions of Section
30 10.03.05.B, for Variances.
31
32 h. Appeals. Within thirty days of the issuance of the decision of staff or of the
33 CCPC the owner or his authorized attorney or agent may appeal the decision to
34 the Board of Zoning Appeals pursuant to Section No 250 -55 of the Codes of
35 Laws and Ordinances.
36
17
1109 Amend the LDC\2009 -Cycle 1\LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
Text- striket Fo be HeWed
Bold text indicates a defined term
26 -- This page intentionally left blank --
27
18
1 : \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added
delete
Bold tent indicates a defined term
1 LDC Amendment Request
s 2
3
4 ORIGIN: BCC - directed
5
6 AUTHOR: Jeff Wright, Esq.
7
8 DEPARTMENT: County Attorney's Office
9
10 AMENDMENT CYCLE: 2009 Cycle 1
11
12 LDC PAGE: LDC2:114 -116
13
14 LDC SECTION(S): 2.03.08 Rural Fringe Zoning Districts
15 CHANGE: Limits aquaculture in sending lands to above - ground facilities only.
16
17 REASON: Concern about abandonment of excavations in RFMU sending lands, once
18 aquaculture business has ceased to operate.
19
20 FISCAL & OPERATIONAL IMPACTS: Adoption of this amendment would not
21 result in any immediate fiscal impacts to the County.
22
{
13 The information available indicates that there is a wide range of operations (shrimp vs. catfish vs.
24 tilapia vs. sturgeon/caviar vs. clams), and that fiscal impact on landowners would be difficult to
25 ascertain in such a way that covers all operations.
26
27 RELATED CODES OR REGULATIONS: n/a
28
29 GROWTH MANAGEMENT PLAN IMPACT: n/a
30
31 OTHER NOTESNERSION DATE: First created August 18, 2009; revised December 21,
32 2009, January 28, 2010, February 26, 2010, and March 10, 2010.
33
34
35 Amend the LDC as follows:
36
37 2.03.08 Rural Fringe Zoning Districts
38
39 A. Rural Fringe Mixed Use District (RFMU District)
40
41
42 4. RFMU sending lands. RFMU sending lands are those lands that have the
43 highest degree of environmental value and sensitivity and generally include
44 significant wetlands, uplands, and habitat for listed species. RFMU sending
45 lands are the principal target for preservation and conservation. Density may be
6 transferred from RFMU sending lands as provided in section 2.03.07 DA.c. All
47 NRPAs within the RFMU district are also RFMU sending lands. With the
19
1109 Amend the LDCW09 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
e' Bold text indicates a defined term
exception of specific provisions applicable only to NBMO neutral lands, the
following standards shall apply within all RFMU sending lands:
a. Allowable uses where TDR credits have not been severed.
(1) Uses Permitted as of Right:
(a) Agricultural uses consistent with Sections 163.3162 and
823.14(6) Florida Statutes (Florida Right to Farm Act).
Excavation for new aquaculture shall be limited in quantity
to the amount necessary for construction of facilities. Due
to the sensitive nature of sending lands fill removal from
the site is prohibited unless an applicant can demonstrate
that such removal is authorized under state or federal law.
(b) Detached single - family dwelling units, including mobile
homes where the mobile home Zoning Overlay exists,
(c) Habitat preservation and conservation uses.
(d) Passive parks and other passive recreational uses.
(e) Sporting and Recreational camps, within which the lodging
component shall not exceed 1 unit per 5 gross acres.
(f) Those essential services identified in section 2.01.03(B).
(g) Oil and gas exploration, subject to applicable state and
federal drilling permits and Collier County non -
environmental site development plan review procedures.
Directional - drilling and /or previously cleared or disturbed
areas shall be utilized in order to minimize impacts to
native habitats, where determined to be practicable. This
requirement shall be deemed satisfied upon issuance of a
state permit in compliance with the criteria established in
Chapter 62C -25 through 62C -30, F.A.C., as such rules
existed on Sept. 27, 2005 [the effective date of this
provision], regardless of whether the activity occurs within
the Big Cypress Watershed, as defined in Rule 62C-
30.001(2), F.A.C. All applicable Collier County
environmental permitting requirements shall be considered
satisfied by evidence of the issuance of all applicable
federal and /or state oil and gas permits for proposed oil
and gas activities in Collier County, so long as the state
permits comply with the requirements of Chapter 62C -25
through 62C -30, F.A.C. For those areas of Collier County
outside the boundary of the Big Cypress Watershed, the
applicant shall be responsible for convening the Big
Cypress Swamp Advisory Committee as set forth in
Section 377.42, F.S., to assure compliance with Chapter
62C -25 through 62C -30, F.A.C., even if outside the
20
1109 Amend the LDC\2009 -Cycle ITDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added
Bold text indicates a defined term
1
defined Big Cypress Watershed. All oil and gas access
2
roads shall be constructed and protected from
3
unauthorized uses according to the standards established
4
in Rule 62C- 30.005(2)(a)(1) through (12), F.A.C.
5
6
(2) Accessory uses. Accessory uses and structures that are
7
accessory and incidental to uses permitted as of right in section
8
2.03.08 (A)(2)(a)(1) above.
9
10
(3) Conditional uses.
11
12
(a) Those essential services identified in section 2.01.03 G.2.
13
14
(b) Public facilities, including solid waste and resource
15
recovery facilities, and public vehicle and equipment
16
storage and repair facilities, shall be permitted within
17
Section 25, Township 49S, Range 26E, on lands adjacent
18
to the existing County landfill. This shall not be interpreted
19
to allow for the expansion of the landfill into Section 25 for
20
the purpose of solid waste disposal.
21
22
(c) Oil and gas field development and production, subject to
23
applicable state and federal field development permits and
24
Collier County non - environmental site development plan
25
review procedures. Directional - drilling and /or previously
6
cleared or disturbed areas shall be utilized in order to
27
minimize impacts to native habitats, where determined to
28
be practicable. This requirement shall be deemed satisfied
29
upon issuance of a state permit in compliance with the
30
criteria established in Chapter 62C -25 through 62C -30,
31
F.A.C., as those rules existed on Sept. 27, 2005 [the
32
effective date of this provision], regardless of whether the
33
activity occurs within the Big Cypress Watershed, as
34
defined in Rule 62C- 30.001(2), F.A.C. All applicable Collier
35
County environmental permitting requirements shall be
36
considered satisfied by evidence of the issuance of all
37
applicable federal and /or state oil and gas permits for
38
proposed oil and gas activities in Collier County, so long
39
as the state permits comply with the requirements of
40
Chapter 62C -25 through 62C -30, F.A.C. For those areas
41
of Collier County outside the boundary of the Big Cypress
42
Watershed, the applicant shall be responsible for
43
convening the Big Cypress Swamp Advisory Committee as
44
set forth in Section 377.42, F.S., to assure compliance
45
with Chapter 62C -25 through 62C -30, F.A.C., even if
46
outside the defined Big Cypress Watershed. All oil and gas
47
access roads shall be constructed and protected from
48
unauthorized uses according to the standards established
49
in Rule 62C- 30.005(2)(a)(1) through (12), F.A.C.
;0
,1
(d) Commercial uses accessory to permitted uses 1.a, 1.c.
21
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
Tag -st t te'd to he deleted.
Bold text indicates a defined term
and 1 A above, such as retail sales of produce accessory
to farming, or a restaurant accessory to a park or
preserve, so long as restrictions or limitations are imposed
to insure the commercial use functions as an accessory,
subordinate use.
b. Uses allowed where TDR credits have been severed.
(1) Uses Permitted as of Right:
(a) Agricultural uses consistent with Sections 163.3162 and
823.14(6) Florida Statutes (Florida Right to Farm Act),
including water management facilities, to the extent and
intensity that such operations exist at the date of any
transfer of development rights. Excavation for new
aquaculture shall be limited in quantity to the amount
necessary for construction of facilities. Due to the
sensitive nature of sending lands fill removal from the site
is prohibited unless an applicant can demonstrate that
such removal is authorized under state or federal law.
(b) Cattle grazing on unimproved pasture where no clearing is
required;
(c) Detached single - family dwelling units, including mobile
homes where the mobile home Zoning Overlay exists, at a
maximum density of one dwelling unit per 40 acres. In
order to retain these development rights after any transfer,
up to one dwelling must be retained (not transferred) per
40 acres.
(d) One detached dwelling unit, including mobile homes
where the mobile home zoning overlay exists, per lot or
parcel in existence as of June 22, 1999, that is less than
40 acres. In order to retain these development rights after
any transfer, up to one dwelling must be retained (not
transferred) per each lot or parcel. For the purposes of this
provision, a lot or parcel shall be deemed to have been in
existence as of June 22, 1999, upon a showing of any of
the following:
i. the lot or parcel is part of a subdivision that was
recorded in the public records of the County on or
before June 22, 1999,
ii. a description of the lot or parcel, by metes and
bounds or other specific legal description, was
recorded in the public records of the County on or
before June 22, 1999, or
an agreement for deed for the lot or parcel, which
22
1 '. \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new tent to be added
Bold text indicates a defined term
1
includes description of the lot or parcel by limited
2
fixed boundary, was executed on or before June
3
22, 1999.
4
5
(e)
Habitat preservation and conservation uses.
6
7
(f)
Passive parks and passive recreational uses.
8
9
(g)
Those essential services identified in section 2.01.03 B.
10
11
(h)
Oil and gas exploration, subject to applicable state and
12
federal drilling permits and Collier County non -
13
environmental site development plan review procedures.
14
Directional - drilling and /or previously cleared or disturbed
15
areas shall be utilized in order to minimize impacts to
16
native habitats, where determined to be practicable. This
17
requirement shall be deemed satisfied upon issuance of a
18
state permit in compliance with the criteria established in
19
Chapter 62C -25 through 62C -30, F.A.C., as those rules
20
existed on Sept. 27, 2005 [the effective date of this
21
provision], regardless of whether the activity occurs within
22
the Big Cypress Watershed, as defined in Rule 62C-
23
30.001(2), F.A.C. All applicable Collier County
24
environmental permitting requirements shall be considered
25
satisfied by evidence of the issuance of all applicable
6
federal and /or state oil and gas permits for proposed oil
27
and gas activities in Collier County, so long as the state
28
permits comply with the requirements of Chapter 62C -25
29
through 62C -30, F.A.C. For those areas of Collier County
30
outside the boundary of the Big Cypress Watershed, the
31
applicant shall be responsible for convening the Big
32
Cypress Swamp Advisory Committee as set forth in
33
Section 377.42, F.S., to assure compliance with Chapter
34
62C -25 through 62C -30, F.A.C., even if outside the
35
defined Big Cypress Watershed. All oil and gas access
36
roads shall be constructed and protected from
37
unauthorized uses according to the standards established
38
in Rule 62C- 30.005(2)(a)(1) through (12), F.A.C.
39
40
(i)
Mitigation in conjunction with any County, state, or federal
41
permitting.
42
43
(2) Conditional
uses:
44
45
(a)
Those Essential Uses identified in section 2.01.03 G.2.
46
47
(b)
Oil and gas field development and production, subject to
48
applicable state and federal field development permits and
49
Collier County non - environmental site development plan
0
review procedures. Directional - drilling and /or previously
1
cleared or disturbed areas shall be utilized in order to
23
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar
24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
Text -st e
`� Bold text indicates a defined term
minimize impacts to native habitats, where determined to
be practicable. This requirement shall be deemed satisfied
upon issuance of a state permit in compliance with the
criteria established in Chapter 62C -25 through 62C -30,
F.A.C., as those rules existed on Sept. 27, 2005 [the
effective date of this provision], regardless of whether the
activity occurs within the Big Cypress Watershed, as
defined in Rule 62C - 30.001(2), F.A.C. All applicable Collier
County environmental permitting requirements shall be
considered satisfied by evidence of the issuance of all
applicable federal and /or state oil and gas permits for
proposed oil and gas activities in Collier County, so long
as the state permits comply with the requirements of
Chapter 62C -25 through 62C -30, F.A.C. For those areas
of Collier County outside the boundary of the Big Cypress
Watershed, the applicant shall be responsible for
convening the Big Cypress Swamp Advisory Committee as
set forth in Section 377.42, F.S., to assure compliance
with Chapter 62C -25 through 62C -30, F.A.C., even if
outside the defined Big Cypress Watershed. All oil and gas
access roads shall be constructed and protected from
unauthorized uses according to the standards established
in Rule 62C- 30.005(2)(a)(1) through (12), F.A.C.
(c) Conditional use approval criteria: In addition to the criteria
set forth in section 10.08.00 of this Code, the following
additional criteria shall apply to the approval of conditional
uses within RFMU sending lands:
The applicant shall submit a plan for development
that demonstrates that wetlands, listed species
and their habitat are adequately protected as
specified in Chapters 3, 4 and 10.
Conditions may be imposed, as deemed
appropriate, to limit the size, location, and access
to the conditional use.
Density.
(1) 1.0 dwelling units per 40 gross acres; or
(2) 1.0 dwelling unit per nonconforming lot or parcel in existence as of
June 22, 1999. For the purpose of this provision, a lot or parcel
which is deemed to have been in existence on or before June 22,
1999 is:
(a) A lot or parcel which is part of a subdivision recorded in
the public records of Collier County, Florida,
(b) A lot or parcel which has limited fixed boundaries,
24
1' \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810). doc
1
( .._ 2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
!7
28
29
30
Tent underlined is new text to be added
Text- st;&ath is be rjA-etRrj.
Bold text indicates }a defined term
described by metes and bounds or other specific legal
description, the description of which has been recorded in
the public records of Collier County Florida on or before
June 22, 1999; or
(c) A lot or parcel which has limited fixed boundaries and for
which an agreement for deed was executed prior to June
22, 1999.
d. Native vegetation retention. As required in Chapter 4.
e. Other dimensional design standards. Dimensional standards set forth in
section 4.02.01 of this Code shall apply to all development in Sending
designated lands of the RFMU district, except as follows:
(1) Lot Area and Width.
(a) Minimum lot Area: 40 acres.
(b) Minimum lot Width: 300 Feet.
(2) Parking. As required in Chapter 4.
(3) Landscaping. As required in Chapter 4.
(4) Signs. As required in section 5.06.00.
5. Specific vegetation standards for the RFMU district. For these specific
standards, please refer to section 3.05.07 C. through 3.05.07 E. of this Code.
25
1 '. \09 Amend the LDC\2009 -Cycle i \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
Text - strikethFOUgh i6 surtent -text tee dmeted:
Bold text indicates a defined term
26 -- This page intentionally left blank --
27
28
26
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added
'`F Bold text indicates a defined term
1 LDC Amendment Request
( 2
3
4 ORIGIN: Scrivener's Error from Ordinance No. 08 -11
5
6 AUTHOR: Catherine Fabacher, AICP
7
8 DEPARTMENT: Zoning & Land Development Review
9
10 AMENDMENT CYCLE: 2009 Cycle 1
11
12 LDC PAGE: LDC2:1; and on.
13
14 LDC SECTION(S): 2.04.00 Permissible, Conditional and Accessory Uses in Zoning
15 Districts
16 2.04.01 Rules for Interpretation of Uses
17 2.04.02 Effect of Approvals Under the Zoning Reevaluation
18 Ordinance
19 2.04.03 Table of Land Uses in Each Zoning District
20 4.02.02 Dimensional Standards for Conditional Uses and Accessory
21 Uses in Base Zoning Districts
22 4.02.29 Same -- -Farm Market Overlay Subdistrict
_.
23
4 CHANGE: Strike various provisions from the LDC which were duplicated when Ordinance
25 No. 08 -11 was adopted. The permitted, accessory, conditional and prohibited uses were
26 converted back from the table form, developed under the re- codification, to the original lists of
27 permitted, accessory, conditional and prohibited uses, as they appeared in the old code. In
28 addition, the lists were brought up to date by including the subsequent LDC Amendment
29 changes.
30
31 REASON: Scrivener's errors from Ordinance No. 08 -11.
32
33 FISCAL & OPERATIONAL IMPACTS: None
34
35 RELATED CODES OR REGULATIONS: Ordinance No. 08 -11
36
37 GROWTH MANAGEMENT PLAN IMPACT: None
38
39 OTHER NOTESNERSION DATE: Created November 4, 2008.
40 Revised October 28, 2009; Outdated citations removed, March 16, 2010.
41
42
43 Amend the LDC as follows:
44
'5 2.03.00 Zoning Districts; Permitted Uses, Accessory Uses, and Conditional Uses.
.6
27
IA09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
2.3
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
Text underlined is new text to be added.
Tear= tr ke ♦ - _.
Bold text indicates a defined term
2.03.01
Agricultural Zoning Districts
2.03.02
Residential Zoning Districts
2.03.03
Commercial Zoning Districts
2.03.04
Industrial Zoning Districts
2.03.05
Civic and Institutional Zoning Districts
2.03.06
Planned Unit Development Districts
2.03.07
Overlay Zoning Districts
2.03.08
Rural Fringe Zoning Districts
2.03.09
Open Space Zoning Districts
2.03.10
Districts Under Moratorium [Reserved]
2.04.00 Reserved
7 04 01 R. loo fGr Internretat on Conditional, Uses -
2_04 no Cffeot of AppFa alo I Inter the 7gning we,.g6 atlon lirrfn e
2.0A 93 Table of 1 end 1-Ire,; 'n Cooh Zoning rl'6 tr'r1
2.04.00 Reserved
2.04 .01 MARA fg. Inte.e.etetion of Uses
4.02.02 Dimensional Standards for Conditional Uses and Accessory Uses in Base
Zoning Districts
A. GC District. [RESERVED]
28
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added
29
IA09 Amend the LDC \2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCma24 PKT4 (031810).doc
Bold text indicates a defined term
1
4- AGGesseFy
uses. Pro Shops wth equipment saI86 are allowable, PPOVided that
2
the
shops ape Re more than 1,000 square feet iR SdZe; FOSta-lrantct y.fmth
3
4
later that 4 0:00 p.m-
5
6
7
thp
d*stric# 61111311 IfJ;Rg gift ShOPS; pF9 shops w th equ pment sales OR exGeSS 9
8
1,000
square feeti Festaurants with seating GapaGqty greateF than 150 seat6;
9
10
sew
11
12 B.
A District.
1RESERVEDI
13
14
a- Assessery
usew
15
16
17
18
19
20
toc;;te,d PR a Fnajep eF FRORer art t
21
22
ereperties wed ocr 1, RSP a Rear c Rear 12 Rene
24
25
(4) A buffer yard ef RAt less than 450 feet R v.g rith shall be pFOv ded
,)6
27
28
29
RRH huffe-r yard shall be iR 111--u ef frGRt, side, Gr-��
30
that pert'.. of Oho 1..4 v.,hq-h h 4 thARP .d' 4'
31
32
33
(} The faG 1 ty shall emit no GbREWOUS, tAXiG, or GOFFOsive dust, dirt,
34
f6mes, vapars, eF gases whiGh nan rause damage te
35
.
tG animals or
36
he.. pa the let IiR Of th at' the
37
38
39
criteria
40
41
-�i)
42
the pFeperty.-
43
44
(ii)
45
far aormi;ultural use as pepmatted by the SF=VVMD-.
46
47
(iii) The - arxteuRt of e ate,d ..Rt .. ,d f h
48
4 9
yards
0
51
29
IA09 Amend the LDC \2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCma24 PKT4 (031810).doc
Tent underlined is new text to be added.
Text .
Bold text indicates a defined term
Pou!tFy and egg pFedUGt OR 20 aGress
20
3: GendifilIRRI nesign h ..°...° _. WAAG
a
PFiRG pal acGess shall be from a street designated Geller
higher GiassifiGatiOR.
A m. earthen berm Ghie _ °.final height _f ° nht feat _.
C°v. T7 (1) year aftep ssuaRGe of Gertfinate. Of OGGupaRGY shall
r ;pn- .StQFw(;tQd 9F-- rnc...ted .....-.....•a the _. t.._ p_....._te. of 1L.
F^VNe "l'
C�
C6f.G( —FR #6F the Flor da Ct..t Oa+ k System ent.+hl'ehed by the
30
1 \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added
Bold text indicates a defined term
1
2 GMP-1 1.44WR 11000 feet of a-' nakira.
3 ite GF federal juNsdiAtiARRA vVetlands.
4
5 s. Tour epeFations, suGh as, but not limited to
6
7 #ellewfag eriteria-
8
9 (+}
10
11
12 plan approval
13
14 (ii} The petitioner shall P06t the property alGRq the eRtiFe PPOperty line
15 with no tFespas6iRg signs appFoximately every 300 yards.
16
17 4}
18 the site development plan. ARy eXiStaRg tFails shall be --tdld7pd
19 bpfnre fht-. of trm
establishment - �rewrf I r
20
21 (+v)
22 arFesteFs and rnuffleFs rter_'gnpc'tc recluG.,
nmisp-
23
24 Thrr =n aRy h I the h f vehides, rl the
25
,6
27
28 �v4 Meter ve-WGIF-,; shall be permitted to
29
30 sunset:
31
32 (vii)
33
34 k87 Vphirles shall n 1 with state rl I I '4 .J States n
35
36
37 C. E District. IRESERVEDI
38
39
40
41
42 G. C -1 District. jRESERVEDI
43
44 4- Conditional ase -Mixed s s'oi f' I a
45 #ellewing:
46
47 a TITS,,,,,, � .ul development of be I' . a may 48
99
0 b- The FP;'CIPRt;al -_iqes are des gRGd so that they aFe Gampatible with the
1 seamerual uses
31
L \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
Text underlined is new text to he added.
Bold text indicates a defined term
---z No
I- - - Met -elvem,22;AZWEL-7
H. C -2 District. [RESERVED]
peFmitted use, the fallowing
GORditiORS shall apply:
A , rn , inirm - -rn five
4R-stalled A-R. all. sides
;;Rd half 14) feat h reinfgFGed fBRGe shall be
one (5 gh
the aFea WhiGh aFe ROt OpeR tG the
ef play prinraipal
strusture;
ti 'RgFeSS t ..
prinGipal st. ..t.
frer the play shall he made only fre.n
.ss -Fe-
.o hn.e.er .n ewe r. e. r. exit from the No r«ee4
f— The I-+„ r-
f the � required
_ qt--t _h -+eL
ent shall heqt--t �
.M
feRGe rld from the priRGipaI structure
2.- Conditional urp. NUxt
e.. norm pA;;rl use, subjeGt te`— tTTCI•• -•
-`.1 ..,�..d vt.d r.
32
. \09 Amend the LDC\2009 -Cycle 1TDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added
Bold text indicates a defined term
2 Dtstrist.
3
4 b
5 9WReFS OF i Of the f hPlow
6
7 I. C -3 District. [RESERVED]
8 GARditional
g o +tie r o n' ^f: r
10
11 J. C -5 District. [RESERVED] Child day Gare ^y b allowable a'f'
12
13
14 4- All RFeas and siurfaGeS d'I 'hi to t;hildren shall be f f
15
16 h ff' a PFOpeptmes 1 within 500 feet f th h i J �� a
17 eryerty liRe.
18
19 2, it shall REA be 1GGated mAthmn 50C) fpet of the nearest pFeperty liRe ef land uses
20 eRGGFnpasSiRg wholesale stapage of gase"Re, liquefied petFeleum, gas, Gil, e
21 ^ +her f1g^'.'':.^..hIp I' ;dc or
22
23 3,
24
25
?6 4 it shall have a minim-Am lot ;;rp;;. of '
27 „f 100 feet
28
29 5
30 of the total square fGetag of the lot a
31
32 6
33
34 eF ether approved material.
35
36
37
38 9, it shall GOMPIY with the StaU, Af Pmrida DepaFtMeRt of Health ;;Rd Rphabilitative
39
40
41 9
42
43
44 e, shall be used to
45
46 PeFFnitted
47
48 K. I District. [RESERVED]
49
-'0
,1
33
I: \09 Amend the LDC\2009 -Cycle 1\LDC Packet \mar 24 CCPC pkt\CCPCmar24 PKT4 (031810).doc
1
2
3
4
rJ
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
Text underlined is new text to be added.
etti Bold text indicates a defined term
a-. Adult day care, sul�eGt te the following FeqwiFemeRtG�
petroleum, n.o n'I or n«heF flamrRnhln liquids 9F nnsoc
quarries.
I II\
Shall hash -. n Int__area of 20,000 square fon« Rn.d
4.02.12 Same — Outdoor Storage
A Outdoor steFage yards may be permlss.-ble in tht, G 4 distriGt, provided that the yard is
Iecnted_ 'no deser than tWeRty fiVe (25) feet to aRy pu_hlip stre-et nlnd that suGh yaFd shall
be I« I I a nn« for neGessaFy Rgre6s and egress, on« to the
requiFements of this LDG. This previsieR shall not be nenstrupd tn allni , as permitted or
accessory use, wreGkiRg yards, junkyaFds, 9F yards in whelp. AF paFt feF sGrap er
salvage epeFatiGRS 9F f9F PFOGeGGiRg, 6taFage, display, eF sales ef any scrap, salvage, Or
vehiG18 parts.
front yard. Tempei;aFy d splay ef Mel,phandise duriRg IDUSiRess hours is permissible,
safety. M8FGhandise steFage and "nwi-A w4hin the side and Fear yards
of -lots-
G A. All permitted or conditional uses allowing for outdoor storage, including but not limited
to storage of manufactured products, raw or finished materials, or vehicles other than
vehicle intended for sale or resale, shall be required to screen such storage areas with a
fence, or equivalent landscaping or combination thereof, not less than seven (7) feet in
height above ground level. Said fence or wall shall be opaque in design and made of
masonry, wood, or other materials approved by the County Manager or designee.
4.02.29 Same —Farm Market Overlay Subdistrict
34
1 \09 Amend the LDC\2009 -Cycle 1\LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
fivi Shall PFevide a Fnimmurn usable open spaGe Of not less than
thiFty (30) pe.rgent ef t'he total 6quare footage of the lot area.
4.02.12 Same — Outdoor Storage
A Outdoor steFage yards may be permlss.-ble in tht, G 4 distriGt, provided that the yard is
Iecnted_ 'no deser than tWeRty fiVe (25) feet to aRy pu_hlip stre-et nlnd that suGh yaFd shall
be I« I I a nn« for neGessaFy Rgre6s and egress, on« to the
requiFements of this LDG. This previsieR shall not be nenstrupd tn allni , as permitted or
accessory use, wreGkiRg yards, junkyaFds, 9F yards in whelp. AF paFt feF sGrap er
salvage epeFatiGRS 9F f9F PFOGeGGiRg, 6taFage, display, eF sales ef any scrap, salvage, Or
vehiG18 parts.
front yard. Tempei;aFy d splay ef Mel,phandise duriRg IDUSiRess hours is permissible,
safety. M8FGhandise steFage and "nwi-A w4hin the side and Fear yards
of -lots-
G A. All permitted or conditional uses allowing for outdoor storage, including but not limited
to storage of manufactured products, raw or finished materials, or vehicles other than
vehicle intended for sale or resale, shall be required to screen such storage areas with a
fence, or equivalent landscaping or combination thereof, not less than seven (7) feet in
height above ground level. Said fence or wall shall be opaque in design and made of
masonry, wood, or other materials approved by the County Manager or designee.
4.02.29 Same —Farm Market Overlay Subdistrict
34
1 \09 Amend the LDC\2009 -Cycle 1\LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added
Bold text indicates a defined term
1 G
2
3 delTIGRstpates that pFlavisions will be Fnade tG adequately address the f01110iWiRg:
4
5
6
7 2-. Parking for undeveloped pFoperties �.Aiill he nalrulated at a pate of 1.1250 GquaFe
8
9 Fequired by seist OR 4.06 GO of this LDC may be DGGUpied OF atheFwi6e rendered
10
11
12 -;,zGtqnn 4.05.07 shall be requiredo
13
14 3- Limited hews of opeFatF9R.
15
16 4. €ensiag light+ag
17
18 5- Fire pFeteGt nn m
19
20 t} SaaitaFy facilities
21
22
23
24
25 S
?6 (2) GLIGh 6*qR8 fGF pFepeFtieS GentaiRiRg more thaR one (1) street frontage shall
27 ;fir hied.
28
29
30 1913ated R the Fead right of way.
31
32 4& AgFiGUltUFal pred!1406 may be displayed with n aRy front yard ppev ded t deer
33 Rot adveFsely affect pedestriaR 9F veWni -Inr traffic el: public health OF Safety and
of
39 right
35
36 49
37 of way.
38
39
40
41 4.02.32 Same —Main Street Overlay Subdistrict
42
43
44
45 l= Cnnn'nl r nq reMPRtI.; for 4d display d l f h 6
46
47 4
48
49
35
I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
Text - =t::. d,
°, Bold text indicates a defined term
1 a The eutdoeF displayisale of merchandise is limited- to 4ti� „2 -sale of
2 GE)FnpaFable FaeFghandise seld on he premises and en the
3
4
5 b- The outdoor ,d'splaylsale Of FA8FGhand se 6 pelrmitted ,e.d
6 GommeMially ne,d n erHes and 7 6d.ient to the of n site
7 development plan that ripmonstrRtes that pFev 6ions v.f be rn;;dp to
8 adequately address the fallawiR ;
9
10 i, VehiGUlnr anal pedestrian troffir onfety m o
11
12 W.
13 areas
14
15 4 C're pFet84GR e e
16
17 iv .
18
19 2, OutdoeF display and sale of MeFGhandi6e within the sidewalk aFea GRIY shall be
20
21 appliGant s6ibm Is a 6 te development plan WhiGh demonstrates that pr
22 he made to adequately addFess the fg!!E)W*149�
23
24 a ,
25
26 #
27 (5) font oleareoGe for RAR ehotr Merl ne,destriaR trnffiG n,d
28
29 G Limited hGUF6 of opeFat an fFam dawn unt 1 dusk.
30
31
32
33 CHAPTER 5 SUPPLEMENTAL STANDARDS
34
35
36
37 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES
38
39
40
41 5.05.10 Travel Trailer and Recreational Vehicle Park Design Standards
42
43
44
45 C. Required facilities for campsites and TTRV lots.
46
4-
48
49 48 Acces6oFT uses
50
36
1 : \09 Amend the LDC\2009 -Cycle 1TDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Tent underlined is new text to be added
Bold text indicates a defined term
1 } FRGIesed UW'tWGtGFage area ef the same siding material and gFrzhqter;fiu,.ra4
(. _.. 2
3 apea of r.6)d , ram square feet.
4
5
6
7
8
9
10 of the ee ed I Ye FGh 120 square feet, h' h
11
12
13
14
15
16
17 r
18
19
20 ex reed An area equal to the area f the a• r hu 1
21
22 utilityisteirage +s as heFein r a s rt shall + 6paGe 23 GORtain ether 'nder'. gall ll A h d Miugt he
24
_25
6 VdRyI n.dews ept that the + eg aFea shall be endosed '+h +h
27 samp material as the prinG pal URit
28
29
30
31 total land This fad ty shall previde for the e3rsldsive Af
32
33
39
35
36
37
38 a
39
40
41
42 -xnpt-_d a total number ef twenty (20) Gamp"1119 Gabon !Gts-.
43
44 s A.4;;,mc)rn flnc)r appa of 220 syu feet-
45
46 d
47
48 di Garneina raWns may not be d8SgR8d a
r
-49
0
51
37
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Text underlined is new tent to be added.
rikethnough is GUFFent te)d to be deleted
Bold text indicates a defined term
The ,°+oral development sta RdapiJ6 required fnr the TTRVG nark shall
.4.11 rnatpr6gls ;;Rd GonF;tr,wtdnn Fnl Mt bP iR RngAFdpnne with the Call e
County buildiRg Gode and the requirements of the Standaind Building
Cede (S13G).
squaFe feet ef flee- area
if GaFnp*Rg Gabinq Arp to he Inreted in A fleed he -rend znRpi ;IF;
delineated E)^ Vie most rese# flew rate maps, all
equ vtS of Ce..1'nn 3 !17 /1r1 of 1h 'F. I nr mi ist he met
k
38
1' \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
Te)d StFiketh Fo h is t V )d F be deleted.
Bold text indicates a defined term
1 LDC Amendment Request
3
4
5 ORIGIN: Private Petition (PL2009 -467)
6
7 AUTHOR: Robert L. Duane, AlCP and Richard D. Yovanovich, Esquire
8
9 DEPARTMENT: N/A
10
11 AMENDMENT CYCLE: 2009 Cycle 1
12
13 LDC PAGE: LDC2:124.7
14
15 LDC SECTION(S): 1.08.02 Definitions
16 2.05.01 Density Standards and Housing Types
17
18 CHANGE: 1. Add the "old" definitions relating to timeshares that were inadvertently left out
19 of the LDC when it was recodified (Ord. No. 04 -41) in order to amend them as proposed
20 (although they do not physically exist in the current LDC they are still in effect). 2. Strikeout the
21 "old" definitions because they are being modified. 3. Add the definitions back re- written as
22 proposed. 4. Add superscript number 17 referencing lockoff units and clarify that they are to be
0 3 counted as a dwelling unit for density calculation purposes should they exist. 5. Add the density
_4 allowances for the VBRTO (they were missing from the table) per the current LDC (note the
25 density allowances and the proposed structure of this amendment will and is intended to preclud e
26 timeshare; units located within the Vanderbilt Beach RT Overlay district from exceeding the
27 densities for timeshares as proposed to be modified in this amendment (up to 26 units per acre in
28 the RT district) even if they are built to the room size of hotel and motel rooms. Therefore the
29 maximum density for timeshares in VBRTO will remain as it currently exists in the Land
30 Development Code and will not be changed as a result of this amendment. 5. Amend section
31 2.05.01, notes 3 and 4 including table and adding definitions from the old LDC Div 6.3 into the
32 new LDC Section 1.08.02 pertaining to timeshare.
33
34 REASON: Clarify density for hotels /motels with timeshare units in the RT District.
35
36 FISCAL & OPERATIONAL IMPACTS: This request will not cost the County additional
37 Staff or resources and will help create revenue in the private sector.
38
39 RELATED CODES OR REGULATIONS: None
40
41 GROWTH MANAGEMENT PLAN IMPACT: None
42
43 OTHER NOTES/VERSION DATE: Modified February 16,2010; February 23,:2010;
44 March 16, 2010
46
39
L \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
Text s;tF kethrsagh eted:
Bold text indicates a defined term
1 Amend the LDC as follows:
2
3
4 1.08.02 Definitions
5
6 Timeshare estate: Any interest in a dwelling unit under` which the exclusive right of use.
7 ownership, possession, or occupancy of the unit circulates among the various owners of
8 timeshare` estates in such unit in accordance with a fixed time schedule on a periodically
9 recurring basis for a period of time established by such schedule Timeshare estate facilities
10 shall be considered as intended primarily for transient' occupancy and shall only be permitted in
11 districts where specifically designated.
12
13 Timeshare estate facility. AnV dweiling`in which `'timeshare es tat eIs aye been created':
14
15 Timeshare unit: A dwelling unit in which timeshare estates have been created.
16
17 * * x x x x x x
18
19 2.05.00 DENSITY STANDARDS
20
21 2.05.01 Density Standards and Housing Types
22
23 A. Where residential uses are allowable, the following density standards and housing type
24 criteria shall 2DDly.
40
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Housing
°;
Maximum
Type:
U,
Density 2.
Zoning
District:
n
—
a)
F
o
a,
E o
� —
°'
" (units
per gross
W
O
=
L
o
=
3K
ca
o
acre)
Q
C
_
N
a)
Q)
(D
U
CO
D
Fes-
U
0
U �
�
�
GC
Two
0.2(l
A
J
S
unit per 5
acres)
0.44(l
E
✓
unit per
2.25
acres)
RSF -1
1
RSF -2
V
2
40
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Tent underlined is new text to be added.
Bold text indicates a defined term
RSF -3
J
J
J
3
RSF -4
✓
J
✓
4
RSF -5
J
✓
✓
5
RSF -6
J
J
J
6
RMF -6
J
J
J
✓
✓
✓
6
RMF -12
S
J
✓
✓
12
RMF -16
✓
J
16
RT 317
J
26
RT 4'77
J
J
✓
16 or 26
RT 5.17
J
J
J
16
VR 6
✓
J
✓
7.26
VR 7
✓
J
8.71
VR a
J
J
14.52
MH s
✓
One
7.26
TTRVC
One
✓
12
C -110
One
16
C -210
One
16
C -3 10
On
16
C -4
One
C -5
One
I
One
BP
One
CON 11
✓
0.2(1
unit per 5
acres)
0.33(l
unit per 3
acres)
Big
Cypress
BMUD 12
S
S
S
S
12
GTMUD 12
S
S
S
S
12
R -1
✓
J
J
J
R -2
J
J
✓
J
GZO
Per underlying zoning district
41
1 : \09 Amend the LDC\2009 -Cycle 1\LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810)Aoc
1
2
3
4
5
6
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Text underlined is new text to be added.
Text strikPthr h is t- F..- .TV-tiocvc,- c, -c•1 I
Bold text indicates a defined term
Legend:
S = permitted subject to supplemental standards
1 Recreational vehicles include travel trailers, park models, pickup coaches, and motor
homes.
2 Density is calculated as the number of residential dwelling units per gross acre (see
definition of density, residential ). Generally, in all zoning districts except for A, E and CON,
this indicates the maximum allowable density, including any applicable density bonuses per
the density rating system in the growth management plan. Density may be restricted by the
board of county commissioners at the time of rezoning to something less than the maximum, as
indicated parenthetically on the official zoning atlas maps. For example, "RMF -6(4)" allows all
uses and development standards of the RMF -6 zoning district but density is limited to 4
dwelling units per acre.
3 A maximum of twenty -six (26) units per acre are allowed for hotels -and motels including
timeshare units that meet the floor area requirements for hotels and motels in the RT district.
Hotel /motel units developed at a density of 26 units per acre are allowed within free standing
buildings within the same project which includes other multi - family buildings or they can be
mixed within same structures along with other multi - family units (developed at 16 units per
acre), provided that, if timeshare -owned units are within the mix these constitute a minimum of
51 % of the units within one structure or for the project as a whole. Hotel /motel units developed
at 26 units per acre, whether in a free standing building or mixed with other multi - family units
are allowed the same accessory uses as those in hotels and motels
4 For RT zoning located inside Activity Centers as designated on the Growth Management
Plan's Future Land Use Map, residential units (including those for timeshares and multifamily
uses) are allowed at a maximum of sixteen (16) units per acre. Similarly for RT zoning not
42
1: \09 Amend the LDC\2009 -Cycle 1\LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
16 for
timeshare,
mf &
VB -RTO
twnhses
26 for
hotels and
motels
Per
GGDCCO
underlying
zoning
district
0.025(l
RFMU 13
.f
V 16
unit per 40
acres)
0.2(l unit
RFMU '4
J
J
J
f
V16
J
►{
J
per 5
acres)
0.2 (1 unit
RFMU 15
J
J
J
J
x/16
J
✓
,i
J
per 5
acres)
0.2 (1 unit
MHO
J
per 5
acres)
Legend:
S = permitted subject to supplemental standards
1 Recreational vehicles include travel trailers, park models, pickup coaches, and motor
homes.
2 Density is calculated as the number of residential dwelling units per gross acre (see
definition of density, residential ). Generally, in all zoning districts except for A, E and CON,
this indicates the maximum allowable density, including any applicable density bonuses per
the density rating system in the growth management plan. Density may be restricted by the
board of county commissioners at the time of rezoning to something less than the maximum, as
indicated parenthetically on the official zoning atlas maps. For example, "RMF -6(4)" allows all
uses and development standards of the RMF -6 zoning district but density is limited to 4
dwelling units per acre.
3 A maximum of twenty -six (26) units per acre are allowed for hotels -and motels including
timeshare units that meet the floor area requirements for hotels and motels in the RT district.
Hotel /motel units developed at a density of 26 units per acre are allowed within free standing
buildings within the same project which includes other multi - family buildings or they can be
mixed within same structures along with other multi - family units (developed at 16 units per
acre), provided that, if timeshare -owned units are within the mix these constitute a minimum of
51 % of the units within one structure or for the project as a whole. Hotel /motel units developed
at 26 units per acre, whether in a free standing building or mixed with other multi - family units
are allowed the same accessory uses as those in hotels and motels
4 For RT zoning located inside Activity Centers as designated on the Growth Management
Plan's Future Land Use Map, residential units (including those for timeshares and multifamily
uses) are allowed at a maximum of sixteen (16) units per acre. Similarly for RT zoning not
42
1: \09 Amend the LDC\2009 -Cycle 1\LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
T_r°e-A cFr'L.._- n�cethrv�hmuvgh-s-c ,ArFennt text to by de4eted
Bold text indicates a defined term
1 located within Activity Centers but in existence at the time of adoption of the LDC (October 30,
2 1991), residential units are allowed at a maximum of sixteen (16) units per acre. However,
3 hotels and motels that meet the floor area requirements of the RT district including timeshare
4 units that meet the floor area requirements for hotels and motels of the RT district are allowed
5 a maximum density of twenty -six (26) units per acre.
6 Hotel /motel units developed at a density of 26 units per acre are allowed within free standing
7 buildings within the same project which includes other multi - family buildings or they can be
8 mixed within same structures along with other multi - family units (developed at 16 units per
9 acre), provided that, if timeshare -owned units are within the mix, these constitute a minimum of
10 51 % of the units within one structure or for the protect as a whole. Hotel /motel units developed
11 at 26 units per acre, whether in a free standing building or mixed with other multi - family units,
12 are allowed the same accessory uses as those in hotels and motels.
13 5 For RT zoning not located within Activity Centers and not in existence at the time of
14 adoption of this LDC (October 30, 1991), allowed density is per the density rating system up to
15 sixteen (16) units per acre. The calculation of density shall be based on the land area defined
16 by a lot(s) of record.
17 6 Density for single - family and mobile home, with or without clustering.
18 7 Density for duplex, with or without clustering.
19 8 Density for multi - family, with or without clustering.
20 9 In the MH district, modular homes are allowable.
21 10 Properties zoned C -1 through C -3 may have associated residential densities in instances
22 of mixed -use development pursuant to the Future Land Use Element of the Growth
23 Management Plan.
24 11 The density of 1 dwelling unit per 3 gross acres only applies to private in- holdings
05 within the Big Cypress National Preserve that were in existence prior to October 14, 1974.
6 12 Maximum allowable density in the BMUD and GTMUD overlays is attained through the
27 Mixed Use Project (MUP). Approval Process pursuant to the regulations in the Overlays.
28 13 One unit per 40 acres is the maximum density permitted in RFMU Sending Lands (see
29 section 2.03.08).
30 14 One unit per 5 acres is the maximum density permitted in RFMU Neutral Lands (see
31 section 2.03.08).
32 15 One unit per acre is the maximum density permitted in RFMU Receiving Lands located
33 outside of a Rural Village with redemption of Transfer of Development Rights (TDR) credits; 0.2
34 units per acre is the maximum density permitted in RFMU Receiving Lands without
35 redemption of TDR credits; 3 units per acre is the maximum density per acre in RFMU
36 Receiving Lands located within a Rural Village with the redemption of TDR credits (see
37 section 2.03.08).
38 16 Only if Mobile Home Overlay exists.
39 " Lock -off unit: Where the floor area of a dwelling unit or hotel room contains lock -off
40 accommodations which can be occupied separately from the main living unit, each lock -off
41 accommodations shall be counted as a full dwelling unit when computing the allowable density.
42
43 B. Acreage associated with historical /archaeological resources preserved within the
44 boundaries of a project shall be included in calculating the project's permitted density.
45 (Ord. No. 06 -08, § 3.H; Ord. No. 07 -67, § 31)
46
47
48
43
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
TeN
Bold text indicates a defined term
- Supplemental information provided by applicant-
Extracted from Ordinance 91 -102, as amended:
Division 6.3. DEFINITIONS
Timeshare estate: Any interest in a dwelling unit under which the exclusive right of use,
ownership, possession or occupancy of the unit circulates among the various owners of
timeshare estates in such unit in accordance with a fixed time schedule on a periodically
recurring basis for a period of time established by such schedule.
Timeshare estate facility: Any dwelling in which timeshare estates have been created.
Timeshare unit: A dwelling unit in which timeshare estates have been created.
Legal Analysis in Support of LDC Amendment
Chapter 721, Florida Statutes regulates Vacation and Timeshare Plans. This Chapter includes
a regulatory framework to assure that individuals purchasing a timeshare estate are adequately
protected. Although not identical to the statutes regulating condominiums, Chapter 721 is a
very detailed regulatory scheme for the marketing and sale of Vacation and Timeshare Plans.
Section 721.05(1) Florida Statutes defines the term Accommodation as follows:
(1) "Accommodation" means any apartment, condominium, or cooperative unit, cabin,
lodge, hotel or motel room, campground, cruise ship cabin, houseboat or other vessel,
recreational or other motor vehicle, or any private or commercial structure which is real
or personal property and designed for overnight occupancy by one or more individuals.
The term does not include an incidental benefit as defined in this section (emphasis
supplied).
Section 721.05(39), Florida Statutes defines the term Timeshare plan as follows:
(2) 'Timeshare plan" means any arrangement, plan, scheme, or similar device, other than
an exchange program, whether by membership, agreement, tenancy in common, sale,
lease, deed, rental agreement, license, or right -to -use agreement or by any other
means, whereby a purchaser, for consideration, receives ownership rights in or a right to
use accommodations, and facilities, if any, for a period of time less than a full year
during any given year, but not necessarily for consecutive years. The term "timeshare
plan" includes:
(a) A "personal property timeshare plan," which means a timeshare plan in which the
accommodations are comprised of personal property that is not permanently
affixed to real property, and
(b) A "real property timeshare plan," which means a timeshare plan in which the
accommodations of the timeshare plan are comprised of or permanently affixed
to real property (emphasis supplied).
44
I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
17
Text underlined is new text to be added
e`hBold text indicates a defined term
Accordingly, it is clear that a hotel or motel room can be within a timeshare plan.
In addition, Section 721.25, Florida Statutes provides as follows:
Zoning and building. — All laws, ordinances, and regulations concerning buildings or
zoning shall be construed and applied with reference to the nature and use of the real
estate timeshare plan property, without regard to the form of ownership.
A timeshare plan is a form of ownership and is not a land use. Collier County is prohibited from
applying different standards to a land use based upon the form of ownership as a timeshare.
The proposed amendments clarify the misconception that a timeshare plan is a form of land
use. The proposed amendments also clarify that as long as the timeshare plan is operated as
a hotel or motel use, it shall have the same intensity as far as number of hotel and motel units
as any other form of ownership for hotel and motel units.
45
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
T- e)4
Bold text indicates a defined term
26 -- This page intentionally left blank --
27
28
46
1 \09 Amend the LDC\2009 -Cycle 1\LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
TeM str4kethFough is
Bold text indicates +a defined term
1
2 LDC Amendment Request
3
4
5
6 ORIGIN: Community Development & Environmental Services Division
7
8 AUTHOR: Stephen Lenberger, Senior Environmental Specialist
9
10 DEPARTMENT: Department of Engineering, Environmental, Comprehensive Planning and
11 Zoning Services
12
13 AMENDMENT CYCLE: 2009 Cycle
14
15 LDC PAGE: LDC3:36 — LDC3:38
16
17 LDC SECTION(S): 3.05.07 Preservation Standards
18
19 CHANGE: Amend criteria for the creation and restoration of native vegetation.
20
21 Include criteria for off -site native vegetation retention alternatives.
22
( —23 REASON: The amendment for creation and restoration of native vegetation is required by the
14 EAR -based GMP amendment to CCME Policy 6.1.1 (12). Policy 6.1.1 (12) states the following:
25
26 "Although the primary intent of this Policy is to retain and protect existing native vegetation
27 there are situations where the application of the retention requirements of this Policy is not
28 possible. In these cases, creation or restoration of vegetation to satisfy all or a portion of the
29 native vegetation retention requirements may be allowed. Within one year of the effective date
30 of these amendments, the County shall adopt land development regulations to determine the
31 circumstances for when creation or restoration is allowed and to specify criteria for creation and
32 restoration."
33
34 The amendment for off -site native vegetation retention alternatives is required by the EAR -based
35 GMP amendment to CCME Policy 6. 1.1 (10). Policy 6. 1.1 (10) states the following:
36
37 "Within one year of the effective date of these amendments the County shall adopt land
38 development regulations that allow for a process whereby a property owner may submit a petition
39 requesting that all or a portion of the native vegetation preservation retention requirement to be
40 satisfied by a monetary payment, land donation that contains native vegetative communities
41 equal to or of a higher priority as described in Policy 6.1.1 (4) than the land being impacted or
42 other appropriate method of compensation to an acceptable land acquisition program, as required
43 by the land development regulations. The monetary payment shall be used to purchase and
—44 manage native vegetative communities off -site. The land development regulations shall provide
5 criteria to determine when this alternative will be considered. The criteria will be based upon
46 the following provisions:
47
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet\mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
2.8
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
Text underlined is new text to be added.
;*,ethreugh is current te)d to be delk,d
Bold text indicates a defined term
a. The amount, type, rarity and quality of the native vegetation on site;
b. The presence of conservation lands adjoining the site;
c. The presence of listed species and consideration of Federal and State agency technical
assistance
d. The type of land use proposed, such as, but not limited to, affordable housing;
e. The size of the preserve required to remain on site is too small to ensure that the
preserve can remain functional; and
f Right of Way acquisitions for all purposes necessary for roadway construction,
including ancillary drainage facilities, and including utilities within the right of wav
acquisition area.
The land development regulations shall include a methodology to establish the monetary value,
land donation, or other appropriate method of compensation to ensure that native vegetative
communities not preserved on -site will be preserved and appropriately managed off - site."
FISCAL & OPERATIONAL IMPACTS: Limiting the amount of native vegetation that can be
created on a site may affect site planning and consequently may have a financial affect on
applicants (both government and private) who want to develop their property. This is particularly
true for sites with more site constraints. Off -site alternatives to the on -site native vegetation
retention requirement will allow applicants to develop more of their property. Additional costs
will be incurred by the applicant to exercise the off -site alternatives, but those that do will be able
to develop more of their property.
The following is an estimate on what it costs to create native vegetation in preserves according to
County standards, as provided by a consultant who has done this work before in the county.
Actual costs will vary due to market conditions, contract negotiations, etc.
• "Clearing & grubbing of vegetative sites can cost +/- $3,500.00 per acre if you are
allowed to burn the debris onsite. The costs will increase to +/- $8,500.00 per acre if you
have to haul the debris to an offsite landfill. Clearing & grubbing of fallow farm fields will
probably cost +/- $1,200 - $1,500.00 per acre. This cost is assuming that there is
minimal debris that can be either be burned or buried, and discing may also be used to
replace grubbing.
• Contouring & final grading is hard to give an actual estimate without knowing elevations
and actual CY of dirt that will be moved. Another factor that will influence the costs is if
fill needs to be imported or exported from the site, and the distance that is traveled to do
so. But, to scrape and stockpile the topsoil it will cost +/- $0.25 - $0.50 per SF. In
addition, you typically see a cost of $1.50 - $2.50 per CY for spreading and /or pushing
fill around a site. Final grading will vary due to extent of contouring required, but that
cost is similar to stockpiling the topsoil.
• Tree installation based on Collier County LDC requirements will run +/- $325.00 per
tree. Per acre, you are required to install +/- 48 trees based on 30 foot spacing
($15,600.00 per acre). The unit pricing can be comparable to all the trees 1 will list. For
created wetlands you will typically see bald cypress (dominant species), red maple and
dahoon holly's installed. For uplands you commonly see slash pine (dominant species),
live oak and red maples.
• Shrub installation based on Collier County LDC requirements will run +/- $50.00 per unit.
Per acre you are required to install +/- 1,742 shrubs based on five foot spacing
48
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added
Bold text indicates a defined term
1 ($87,100.00). Typical shrub species for wetlands are wax myrtle, buttonbush and
2 fetterbush. In uplands you can see installation of gallberry, fetterbush, wax myrtle,
3 myrsine and saw palmetto. Please note that the $50.00 per shrub doesn't account for
4 using saw palmetto. Saw palmetto at 7 gallon size will run you +/- $75.00 - $125.00 per
5 unit. They are usually smaller than typical 7 gallon shrubs and it is usually hard to locate
6 large quantities of saw palmetto in that size.
7
8 Groundcover installation based on Collier County LDC requirements will run +/- $3.00
9 per unit. Per acre, you are required to install 4,840 units at 3 foot spacing ($14,520.00).
10 In wetlands you can use swamp fern, cinnamon fern, royal fern, pickerelweed, saw
11 grass or blue flag iris. Upland groundcover can consist of wire grass, fakahatchee grass,
12 cordgrass or even st. john's wort."
13
14 Note: The number of plantings each for groundcovers, shrubs and trees in the estimate listed
15 above will roughly be reduced by two - thirds since all three strata (groundcovers, shrubs and
16 trees) will be planted, but with different spacing requirements for each strata.
17
18 In consideration of the above and from input received from environmental consultants in the
19 area, staff is proposing the following changes. Changes proposed have been made to improve the
20 overall success of preserves which are created. Per direction received from the Planning
21 Commission during the 2008 LDC amendment cycle, no changes have been made to the criteria
22 for when created preserves are allowed other than for a single correction and the addition of
23 criteria from input received from stakeholders.
24
5 In general plant material within preserves are more successful when installed in smaller sizes,
26 provided the plants are large enough initially to become established and be able to compete with
27 vegetation present within the preserve. Slash pines, in particular have a higher success rate when
28 planted in smaller sizes. Availability of larger plant material is another factor, especially for
29 species like saw palmetto, slash pine and mangroves. Although smaller sizes are proposed in
30 some instances, size specifications for created preserves are in keeping with GMP CCME Policy
31 6.1.1 (7) and with prior direction by the BCC, to use larger plant materials to more quickly re-
32 create the lost vegetation after a site has been cleared. The proposed use of different size canopy
33 trees creates a more natural type environment, as even age stands of trees typically do not occur
34 in nature. Reducing the required size of canopy trees from fourteen feet to ten, eight and six feet
35 should also eliminate the need for staking of planted trees within preserves. Smaller size trees
36 will be less expensive overall for the applicant to purchase and install.
37
38 Reducing the coverage requirements for canopy and mid -story vegetation for scrub and slash
39 pine dominated environments has been proposed, to mimic natural conditions in these
40 environments. Planting requirements for ground covers have been increased for species which
41 are small in stature or which do not spread by rhizomes or creeping stems, to give the bare soil a
42 faster period of recovery and to suppress the growth and occurrence of weeds. This is particularly
43 important since canopy and mid -story requirements have been lessened to promote more natural
44 conditions and the growth of ground covers. Only those strata naturally found in the plant
43 community to be created are required to be planted in this amendment. Current Code requires all
16 three strata (trees, shrubs & ground covers) to be planted.
7
49
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Text underlined is new text to be added.
Text atF
Bold text indicates a defined term
The amendment also proposes to require the use of naturally occurring soils within preserves.
Restoration projects often fail or respond poorly on fill dirt which has been excavated due to the
composition of subsurface fill material. The composition of the sand, PH and presence of organic
material all make naturally occurring soils better suited for establishment of a native plant -
community. If not already present within the preserve, additional cost will be incurred upon the
developer to stockpile or purchase compatible soil for use in the preserve. Savings will be gained
in the long run on the part of the applicant or homeowners' association in not having to replace
plant material and possibly excavated fill dirt, within preserves which have failed.
A method of providing water within created preserves until the plants are established has been
included in the amendment. Methods of watering are left up to the applicant and would only be
required in uplands or wetlands with extended dry periods and only until the plantings are
established. Additional cost will be incurred on the part of the applicant to insure planted
material is adequately watered. The cost of replacing plants that do not survive due to lack of
water could also potentially occur.
Changes have also been recommended with regards to size plant material for supplemental
planting within preserves. Since smaller size plant material is generally more successful for
restoration projects, staff recommends that the size plantings permitted by the South Florida
Water Management District (SFWMD) and U.S. Army Corps of Engineers (ACOE) be accepted
to fulfill the supplemental planting requirements within County required preserves. Current Code
required plants larger than that allowed by state and federal permitting agencies. Where County
required preserves do not fall within the jurisdiction of the SFWMD or USACOE, or where
uplands are not required by these agencies to be planted, criteria have been left in the Code to
address these circumstances. Plant sizes proposed are comparable to those generally permitted by
the State and Federal permitting agencies. Accepting State and Federal supplemental planting
requirements for County required preserves will save time on the part of staff in reviewing
projects, since the planting criteria will be the same. There will also be savings on the part of the
applicant in not having to install larger plant material.
Success criteria have been added to help insure that the preserves which are created or restored
are successful. Success must be demonstrated at five years from planting and the criteria for
determining success must be included in the monitoring report due at that time.
Off -site alternatives to the native vegetation retention requirement have been added to allow for
the purchase or donation of land off -site in lieu of preservation of native vegetation on -site. The
criteria for determining when this alternative is allowed, is based on the provisions identified in
CCME Policy 6. 1.1 (10). Generally speaking, preserves which are smaller in size or those located
adjacent to more intense land uses, tend to become less viable over time due to fragmentation of
the habitat, uses on adjoining properties, and sensitivity of different types of native vegetation to
changes in the environment. Although some species of vegetation can survive indefinitely,
preserves impacted as such tend to look and function more like landscaping rather than a
preserves over time. Often plants, such as slash pine, die after a few years, depending on the type
of development and uses on adjoining properties. It is in these instances where the off -site
purchase or donation of land is recommended in lieu of preservation of native vegetation on -site.
50
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added
Bold text indicates a defined term
1 In accordance with CCME Policy 6.1.1 (10), the type uses for the property and restrictions on
(^ 2 when the alternative can be used, have been considered.
3
4 During stakeholders meetings for environmental LDC amendments, stakeholders asked if an
5 amendment to a PUD or CU would be required in order to implement the off -site native
6 vegetation retention alternative for property with an existing PUD or CU. In a response from the
7 County Attorney Office it was indicated that language could be added to the proposed LDC
8 amendment to allow for the off -site native vegetation retention alternative without the need for
9 amending a PUD or CU, but that staff should consult with the Zoning and Land Development
10 Review Department Director to see what effect it may have on zoning. Upon meeting with the
11 Director of Zoning and Land Development Review Department, it was decided that the off -site
12 native vegetation retention alternative could be used to satisfy up to 25 percent of the native
13 vegetation retention requirement for a PUD, without the need for a PUD amendment, but only for
14 that portion of the native vegetation retention requirement not included on the PUD master plan.
15 Section 3.05.07 H.l.a.ii of the LDC currently requires a minimum of 75 percent of the native
16 vegetation retention requirement to be shown on a PUD master plan. It was decided that where
17 retained native vegetation is identified on a PUD or CU site plan, amendments to these site plans
18 would be required, since elimination of the on -site native vegetation retention requirement may
19 have an effect on decisions made during review of these petitions.
20
21 According to the Collier County Community Development and Environmental Services Fee
22 Schedule approved by the BCC on April 28, 2009, the following fees have been adopted for PUD
. -."
23 and CU amendments. Since native vegetation retention requirements are sometimes also included
4 in the text of the PUD document as well as on the PUD site plan, fees for amending these
25 development orders will vary depending on the extent of changes needed. The amount (acreage
26 and percent) of preserve affected will also determine the type of amendment required.
27
28 Conditional Use Permit $4,000.00, when filed with a Rezone Petition ($1,500.00) Additional fee
29 for 5th and subsequent reviews — 20 percent of original fee
30
31 Planned Unit Development Amendment — Insubstantial (PDI) $1,500.00 requires a hearing by the
32 CCPC only for a minor change to the PUD Master Plan
33
34 Planned Unit Development Amendments (PUDA) $6,000.00 plus $25.00 an acre or fraction of
35 an acre. (Substantial changes to the text and Master Plan), Additional fee for 5th and subsequent
36 reviews — 20 percent of original fee. Text changes that do not impact the Master Plan $6,000.00
37 (the $25.00 an acre fee will not apply). Amendments deemed to be minor in nature that is
38 requiring minor strike thru and underline amendments of no more than 10 different lines of text
39 changes in the PUD will be capped at $9,000.00. Any amendment which includes a map and text
40 change will be assessed the full fee (no cap).
41
42 RELATED CODES OR REGULATIONS: None.
43
44 GROWTH MANAGEMENT PLAN IMPACT: The adoption of Land Development Code
5 regulations to specify the criteria and to determine the circumstances when creation or restoration
51
1 ' \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
Text underlined is new text to be added.
T94 strikethnaugh ed, Bold text indicates a defined term
native vegetation is allowed is required as part of the EAR -based GMP amendment to CCME
Policy 6.1 .1 (12).
"Off -site native vegetation retention alternatives" are required as part of the EAR -based GMP
amendment to CCME Policy 6. 1.1 (10).
OTHER NOTESNERSION DATE: Created August 24, 2009. Amended September 18, 2009,
November 4, 2009, March 5, 2010
Amend the LDC as follows:
3.05.07 Preservation Standards
H. Preserve standards.
1. Design standards.
e. Created preserves. Although the primary intent of GMP CCME
Policy 6.1.1 is to retain and protect existing native vegetation
there are situations where the application of the retention
requirements of this Policy is not possible. In these cases
creation or restoration of vegetation to satisfy all or a portion of
the native vegetation retention requirements may be allowed. In
keeping with the intent of this policy, the preservation of native
vegetation off site is preferable over creation of preserves.
Created Preserves shall be allowed for parcels that cannot
reasonably accommodate both the required on -site preserve area
and the proposed activity.
i. Applicability. Criteria for determining when a parcel cannot
reasonably accommodate both the required on -site
preserve area and the proposed activity allewiRg created
presep.,es include:
(a) Where site elevations or conditions requires
placement or removal of fill thereby harming or
reducing the survivability of the native vegetation in
its existing locations;
(b) Where the existing vegetation required by this
policy is located where proposed site
improvements are to be located and such
improvements cannot be relocated as to protect the
existing native vegetation;
(C) Where native .eseryat,.on requirements rr..nnnt .h..,
edaterl the lan,-SGape nlaR .hall . eate
a
52
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
53
LM Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added
TAA e,F he
'a
tm deleted
Bold text indicates defined term
1
2
26 to FAGre qudGkly Gr-eate the lost
3
eg tien. These areas we'tsi% e d-
4
as GFeated preseR.,es. To provide for floodplain
5
compensation as required by the LDC
6
7
(d)
When a State or Federal permit requires creation
8
of native habitat on site. The created preserve
9
acreage may fulfill all or part of the native
10
vegetation requirement when preserves are
11
planted with all three the appropriate strata; using
12
the criteria set forth in Created Preserves. This
13
exception may be granted, regardless of the size of
14
the project.
15
16
(e)
When small isolated areas (of less than 1/2 acre in
17
size) of native vegetation exist on site. In cases
18
where retention of native vegetation results in small
19
isolated areas of 1/2 acre or less, preserves may
20
be planted with all three strata; using the criteria
21
set forth in Created Preserves and shall be created
22
adjacent existing native vegetation areas on site or
23
contiguous to preserves on adjacent properties.
24
This exception may be granted, regardless of the
25
size of the project.
,6
27
(f)
When an access point to a project cannot be
28
relocated. To comply with obligatory health and
29
safety mandates such as road alignments required
30
by the State, preserves may be impacted and
31
created elsewhere on site.
32
33
(g)
To provide for connections to on or off site
34
preserves.
35
36
(h)
In the RFMU District where upland buffers required
37
by the LDC, lack native vegetative communities
38
39
H. Required
Plant. ( '«
40
41
(a)
Where GF8ated ppeseFves are appFeved, the
42
43
shFulas
44
'
and +roes\ 'I'' ng mo. I a I.+ ! ! I to
r !-.
45
mGFe quiGkIy r. ate the lost at + +'
�vcgc.vnvrr
46
47
48
49
seveR
Q«reed
+h
Jl
cc inches Thr.
53
LM Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
erF Bold text indicates a defined term
spaG ng of the plants shall be as follows: twenty to
thipty feet n enter fnr fro with n all Ganepy
enter for frees with a large canopy (greater thap
30 ft mature earl) five feet an enter fnr she hs
and three foot On Genter for ground Gavers. Plan
rn;;tPFial shall he plapte.d ' r that Fn
RatuFal plant GOFAFnunity and is ha I I not -be
M-ni.nWried landsGaPiRg. Minimum sizes fer
plant rnatei al may he rerd6 ne.d fnr s r h and ether
g habitats ..here s ;"PF size plant material are
hgttor '1e.d �+f�er estahl'sh...ept of the eat'..
�FRLIRjty.
ii (194 Approved created preserves may be used to recreate:
alk4 -) not more than one acre of the required preserves if
the property has less than twenty acres of existing
native vegetation.
PJQ) not more than two acres of the required preserves
if the property has equal to or greater than twenty
acres and less than eighty acres of existing native
vegetation.
cj(3} not more than 10% of the required preserves if the
property has equal to or greater than eighty acres
of existing native vegetation.
iii(o The minimum dimensions shall apply as set forth in
3.05.0711.1.b.
i_vO4 All perimeter landscaping areas that are requested to be
approved to fulfill the native vegetation preserve
requirements shall be labeled as preserves and shall
comply with all preserve setbacks.
54
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt\CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added
Bold text indicates a defined term
1
v Preparation of required planting plans for preserves
2
3
Preserve planting plans shall be designed by an individual
4
with academic credentials and experience in the area of
5
environmental sciences or natural resource management
6
Academic credentials and experience shall be a bachelor's
7
or higher degree in one of the biological sciences with at
8
least two years of ecological or biological professional
9
experience in the State of Florida.
10
11
vi. Planting requirements for created preserves
12
13
Soils compatible with the habitat to be created shall be
14
used to create the preserve. Where compatible soils are
15
not present, a minimum of 6 to 8 inches of compatible soil
16
shall be used.
17
18
Where created preserves are approved the planting plan
19
shall re- create a native plant community in all three strata
20
(ground cover, shrubs and trees) utilizing larger plant
21
materials to more quickly re- create the lost mature
22
vegetation. Environments which do not normally contain all
23
three strata shall only be required to plant the strata found
24
in the habitat to be created Plant material shall be planted
25
in a manner that mimics a natural plant community and
? 6
shall not be maintained as landscaping. Such re-
27
vegetation shall include the following minimum sizes: one
28
gallon ground cover 7 gallon shrubs canopy trees in the
29
following sizes: 25 percent at 10 feet 50 percent at 8 feet
30
and 25 percent at 6 feet. Spacing requirements for
31
calculating the number of plants shall be as follows: 20 to
32
30 foot on center for trees with a small canopy (less than
33
30 feet mature spread) and 40 to 50 foot on center for
34
trees with a large canopy (greater than 30 feet mature
35
spread), 10 foot on center for shrubs 3 foot on center for
36
ground covers which spread by rhizomes or creeping
37
stems or which have a mature height of 2 feet or more
38
excluding the bloom and 2 foot on center for ground
39
covers with a mature height of less than 2 feet excluding
40
the bloom, and which reproduce primarily by seed
41
42
Minimum sizes for plant material may be reduced for scrub
43
and other xeric habitats in order to promote diversity or
44
where smaller size plant material is better suited for re-
45
establishment of the native plant community. Coverage of
46
pine and hardwoods in scrub habitats shall occupy no
47
more than 70% of the area of a scrub preserve in order to
48
create natural open areas for wildlife and native ground
4 9
covers. In south Florida slash pine dominated
-�0
environments, where fire is a concern the amount of mid -
J1
story vegetation planted may be reduced to promote the
55
IA09 Amend the LDC\2009 -Cycle 1\LDC Packet \mar 24 CCPC pkt\CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
Text str ke •A deleted,
Bold text indicates a defined term
growth of native around covers, reduce the threat of
wildfire and to promote use of the preserve by listed
species.
Three gallon container saw palmetto (Serenoa repens)
may be used in lieu of seven gallon containers. South
Florida slash pine (Pinus elliotth var. densa) trees may be
planted in the following sizes: 25 percent at 6 feet and 75
percent at 4 feet, with a spacing requirement of 40 feet on
center for calculating the number of slash pines to be
planted.
Mangrove trees may be planted as three gallon size
containers but must be planted a minimum of five to seven
foot on center for calculating the number of mangroves to
be planted, if planted at this size. Ground covers in
estuarine and other aquatic environments may be planted
as liners or bare root plants.
Upland or seasonally wet preserves with extended dry
periods shall detail a method of providing water until the
plants are established.
vii. Supplemental planting requirements within preserves.
Supplemental plantings in the strata required to restore the
habitat to its natural condition shall be added to preserves
where prior clearing or disturbance, or the removal of non-
native and /or nuisance vegetation has created open areas
with little or no native vegetation. Plant material shall be
planted in a manner that mimics a natural plant community
and shall not be maintained as landscaping. Supplemental
plantings must be of the species typical of the native
habitats being restored and take into consideration the
requirements of any listed species using the preserve.
Areas defined as "native vegetation" pursuant to this
section and required to be retained as preserves shall
only be required to plant material in the sizes specified in
this subsection and not in the sizes required for created
preserves. Supplemental plantings within preserves shall
be in accordance with requirements specified in approved
state and federal permits for a project. Where not specified
in the State and Federal permits for a protect,
supplemental plantings within County required preserves
shall adhere to the following minimum standards: one
gallon or liner ground covers three gallon shrubs and four
foot high trees. Ground covers in aquatic environments
may be planted as bare root plants.
Natural recruitment of native groundcovers may be used in
56
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
FikethFaugh is -I-FF-nt t-)d t, be deleted.
Bold text indicates a defined term
1
areas where native aroundcovers would be expected to
2
regenerate on their own. If within a two -year period the
3
coverage of ground covers is less than that typically found
4
in environments containing these species then
5
supplemental planting with native ground covers or
6
distribution of native seed shall be required A planting
7
plan with schedule for planting or distributing native seed
8
shall be included as part of the preserve management
9
plan, in case sufficient natural recruitment of aroundcovers
10
has not occurred.
11
12
Natural recruitment of south Florida slash pine (Pinus
13
elliothi var. densa) may be used where south Florida slash
14
pine would be expected to regenerate on their own If
15
within a two -year period the number of pine seedlings is
16
less than that needed to regenerate the habitat type then
17
supplemental planting with south Florida slash pine or
18
distribution of south Florida slash pine seed shall be
19
required. A backup planting plan with schedule for planting
20
or distributing seed shall be included as part of the
21
preserve management plan in case sufficient natural
22
recruitment has not occurred. South Florida slash pine
23
trees may be planted as seedlings in lieu of planting four
24
foot high trees, for individual preserves 100 or more acres
25
in size.
6
27
Restoration of mangroves shall be with one to three gallon
28
container mangroves unless otherwise permitted by State
29
and Federal permitting agencies.
30
31
Minimum sizes for plant material may be reduced for scrub
32
and other xeric habitats in order to promote diversity or
33
where smaller size plant material is better suited for re-
34
establishment of the native plant community. Coverage of
35
pine and hardwoods in scrub habitats shall occupy no
36
more than the 70% of the area of a scrub preserve in
37
order to create natural open areas for wildlife and
38
indigenous ground covers.
39
40
viii. Success criteria.
41
42
Success shall be demonstrated for created preserves and
43
supplemental planting within preserves 5 years after
44
installation of plant material and shall be included with the
45
monitoring report. Before and after photos taken from
46
specific or permanent field markers to identify the locations
47
within the preserve shall be included in the above
48
mentioned monitoring report. Demonstration of success
49
shall include the following.
0
j1
a) Eighty percent vegetative coverage has been
57
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
Text-stFkethreuq*i4s, w..� diplated
Bold text indicates a defined term
attained within the preserve.
b) Native vegetation is within the range of species
diversity, density and distribution documented
within either reference sites or from literature
references for the specific habitat types.
C) Native vegetation characteristic of the habitat are
reproducing in the vegetative or seeding manner
typical of the species.
d) When permitted through the Water Management
District using UMAM, overall UMAM scores must
indicate that the preserves have attained or are
clearly trending toward the "with - mitigation" scores
used to determine success.
f. Off -site vegetation retention.
i. Applicability. A property owner may request that all or a
portion of the Collier County on -site native vegetation
preservation retention requirement be satisfied offsite for
only the following situations and subject to restrictions
listed below.
a) Properties zoned commercial or industrial where
the on -site preserve requirement is less than 2
acres in size.
b) Park sites where the on -site preserve requirement
is less than one acre in size.
C) Essential service facilities other than parks, for
any size preserves.
d) Preserves less than one acre in size.
e) Affordable housing projects. The maximum percent
of native vegetation retention allowed offsite shall
be equal to the percent of affordable housing units
without limitation as to size of the preserve.
f) Existing or proposed preserves with 75 percent or
more coverage with exotic vegetation. Existing
preserves not previously overrun with this type
vegetation and which arrive at this state due to lack
of management of the preserve shall mitigate off
site at a ratio of 2 to 1.
g) Created preserves which do not meet the success
criteria in 3.05.07 H.1.e.viii or where preserves
58
1 109 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new tent to be added
Text Mr kethFough
Bold text indicates a defined term
have not been planted in a manner which mimics a
natural plant community.
h) Preserves which do not meet the minimum
dimensional requirements of this section
i) Portions of preserves located within platted single -
family lots.
i) Right of Way acquisitions by non - governmental
entities for all purposes necessary for roadway
construction including ancillary drainage facilities
and including utilities within the right of way
acquisition area.
k) All criteria listed for created preserves
ii. Restrictions when one or more of the following situations
occur.
a) Xeric scrub and hardwood hammocks which are
one acre or more In size mangrove (excluding
mangrove fringes less than 40 feet in width on
artificially created shorelines) coastal dune and
strand environments and listed species habitat or
corridors per the requirements or recommendations
of the FFWCC or USFWS shall not be allowed to
have the on -site native vegetation preservation
retention requirement provided offsite
b) Preserves shall remain onsite if located contiguous
to natural flowways required to be retained per the
requirements of the SFWMD natural water bodies
estuaries government required preserves (not
meeting the offsite preservation criteria herein)
NRPAs or contiguous to property designated for
purchase by Conservation Collier or purchased by
Conservation Collier, or contiguous to properties
containing listed species nests buffers corridors
and foraging habitat per the requirements or
recommendations of the FFWCC or USFWS For
the purpose of this section natural flowways shall
also include those identified during wetland
permitting with applicable state and federal
agencies, regional drainage studies or surface
water management permits
C) Remaining portions of on -site preserves must be a
minimum of one acre in size and shall not meet the
offsite criteria of sub - section 3 05 07 H 1 f i f) and
g) above unless preserved with higher quality
59
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
T
Bold text indicates a defined term
habitat not qualifying for the off -site native
vegetation retention alternative.
iii. Off -site Alternatives. Off -site native vegetation retention
requirements may be met by monetary payment or by land
donation.
a) Applicants shall make monetary payment to Collier
County to be administered by the Conservation
Collier program for the purchase and management
of off -site conservation lands within the county.
The monetary payment shall be based on the
location of the land to be impacted and be equal to
125 percent of the average cost of land in the
Urban Designation or 125 percent of the average
cost for all other Designations, as applicable, as
defined by the FLUE purchased by Collier County,
through the Conservation Collier program. This
monetary payment shall be made prior to the
preconstruction meeting for the SDP or final plat
construction plans.
b) In lieu of monetary payment applicants may
choose to donate land to Collier County, to be
administered by the Conservation Collier program,
or to another government agency. In the event of
donation to Collier County, for the Conservation
Collier program the applicant may acquire and
subseguentlV donate land within the project
boundaries of Winchester Head, North Golden
Gate Estates Unit 53 another multi - parcel project
or any other land designated by Conservation
Collier donation acceptance procedures.
Applicants who choose to donate land shall be
required to demonstrate that the land to be
donated contains native vegetation communities
equal to or of higher priority (as described in
subsection 3.05.07 A.) than the land required to be
preserved onsite. In no case shall the acreage of
land donated be less than the acreage of land
required to be preserved onsite. Land donated to
satisfy the off -site vegetation retention requirement
must be located entirely within Collier County.
Donations of land for preservation shall be made to
a federal state or local government agency
established or authorized to accept lands for the
conservation and management of land in
perpetuity, subject to the policies and procedures
of the receiving entity. Lands donated to Collier
County, to be administered by the Conservation
60
IA09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added
Bold text indicates a defined term
1
Collier program must include a cash payment for
2
management of the land The amount of this
3
payment shall be equal to 25 percent of the
4
average cost of land in the Urban Designation or
5
25 percent of the average cost in all other
6
Designations, as applicable as defined by the
7
FLUE purchased by Collier County, through the
8
Conservation Collier program.
9
10
Applicant shall provide evidence that donations of
11
land for preservation and endowments for
12
management have been accepted by and donated
13
to the entity stated above at the time of the
14
preconstruction meeting for the SDP or final plat
15
construction plans. Exotics shall be removed in
16
accordance with the time frames provided in
17
3.05.07 H.2. State and Federal agency
18
requirements for mitigation remediation and
19
monitoring for the donated land shall be the
20
responsibility of the applicant.
21
22
iv. PUD zoning. Where the off -site native vegetation
23
retention alternative is used for portions of preserves not
24
identified on a PUD master plan a PUD amendment is not
25
required. Preserves or portions of preserves identified on a
6
PUD master plan shall require an amendment to the PUD
27
master plan to use the native vegetation retention
28
alternative, unless the option to use the off -site native
29
vegetation retention alternative is included in the PUD.
30
31
32
61
1 ' \09 Amend the LDCt2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
Text eth.Bold text indicates a defined term
27 -- This page intentionally left blank --
28
29
62
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added
Bold text indicates a defined term
1 LDC Amendment Request
( 2
3
4
5 ORIGIN: Community Development & Environmental Services Division
6
7 AUTHOR: Stephen Lenberger, Senior Environmental Specialist
8
9 DEPARTMENT: Department of Engineering, Environmental, Comprehensive Planning and
10 Zoning Services
11
12 AMENDMENT CYCLE: 2009 cycle
13
14 LDC PAGE: LDC3:38 — LDC3:39
15
16 LDC SECTION(S): 3.05.07 Preservation Standards
17
18 CHANGE: Implement requirements of the GMP with regard to preserve management plans and
19 how they address natural diversity, stormwater management and agency approved listed species
20 management plans.
21
22 REASON: Required as part of the EAR -based GMP amendments to the Conservation and
23 Coastal Management Element (CCME).
14
25 Policy 6.1.1 (6) states the following (underlined/strike through version provided):
26
2 7 "A management plan shall be submitted for preserve areas identified by specific criteria in the
28 land development regulations to identify actions that must be taken to ensure that the preserved
29 areas will maintain natural diversity and will function as proposed. The plan shall include
30 methods to address control and treatment of invasive exotic species, fire management,
31 stormwater management (if applicable), and maintenance of permitted facilities. If applicable, a
32 listed species monitoring program shall be submitted pursuant to Policy 7.1.2 (2) (i) State and
33 federal management plans consistent with the requirements of the LDC will be accepted."
34
35 FISCAL & OPERATIONAL IMPACTS: Additional costs may be incurred on the part of the
36 applicant, where applicable, to address additional monitoring and maintenance requirements
37 associated with the requirements of the GMP. Basic costs associated with preserve management
38 plans are provided below (Summary of information obtained from three environmental firms in
39 the area).
40
41 Cost of a basic preserve management plan for the County ranges from $400 to $3,500, based on
4 2 the size and complexity of preserve. An average preserve management plan for the County costs
43 about $1,200. The average hourly cost to implement the plan, once approved, are around $120
per hour. Electronic ground water monitoring wells (Piezometers) cost about $1,500 installed.
5 These are usually checked on a quarterly basis by consultants to download the information and to
4 6 check the battery in the Piezometer.
63
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet\mar 24 CCPC pkt \CCPCma24 PKT4 (031810).doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
Text underlined is new text to be added.
kethmugh is GUFFRRt te*t to be deleted. Bold text indicates a defined term
Properties with less than 5 acres of preserve, where listed species are not utilizing the preserve or
where preserves do not contain habitat requiring management for fire, will not be required to
submit a preserve management plan, but only be required to implement basic maintenance and
signage requirements, and stormwater monitoring if applicable. Time and expense will be saved
on the part of the applicant and staff in not having to prepare and review management plans for
preserves which fit these criteria.
Preserve management plans are currently included on Site Development Plans (SDP) and final
plat construction plans (PPL), and processed through the Zoning and Land Development Review
Department. Amendments to preserve and listed species management plans are considered
"Insubstantial Changes" and cost $400 to process with the County. If more than one plan sheet is
involved, then an additional fee of $100 per sheet is charged. Rarely is more than one plan sheet
required for a preserve management plan. Additional fees are charged for 3`d and subsequent re-
submittals ($1,000 for 3`d submittal, $1,500 for 4`h submittal, $2,000 for 5th and subsequent
submittals). Preserve management plans in themselves do not trigger other amendments to a SDP
or PPL.
RELATED CODES OR REGULATIONS: LDC Subsection 3.05.05 (M). Not affected.
GROWTH MANAGEMENT PLAN IMPACT: Required as part of the EAR -based GMP
amendments to CCME Policy 6.1.1 (6)
OTHER NOTESNERSION DATE: Created September 10, 2009. Amended September 17,
2009, November 4, 2009, March 1, 2010
Amend the LDC as follows:
3.05.07 Preservation Standards
H. Preserve standards.
Design standards.
Preserve management plans. Criteria i, ii, vii and viii below are
required for all preserves whether a management plan for the
preserve is required or not. Preserve Management Plans shall be
required for all properties with 5 acres or more of preserve or
where listed species are utilizing the preserve or where the
preserve contains habitat which requires management for fire
(such as pine flatwoods, palmetto prairie or scrub). The Preserve
Management Plan shall identify actions that must be taken to
ensure that the preserved areas will maintain natural diversity and
function as proposed. A Preserve Management Plan shall include
the following elements:
64
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added
Bold text indicates a defined term
1 i. General Maintenance. Preserves shall be maintained in
2 their natural state and must be kept free of refuse and
3 debris.
ii. Exotic vVegetation Removal, Non - native vVegetation,
and Nuisance or Invasive Plant Control. eExotic
vegetation removal and maintenance plans shall require
that Category I Exotics be Feed eradicated from all
preserves. All exotics within the first 75 feet of the outer
edge of every preserve shall be physically removed, or the
tree vegetation cut down to grade, cut debris removed and
the stump treated. Exotics within the interior of the
preserve may be approved to be treated in place if it is
determined that physical removal might cause more
damage to the native vegetation in the preserve. When
prohibited exotic vegetation is removed, but the base of
the vegetation remains, the base shall be treated with an
U.S. Environmental Protection Agency approved herbicide
and a visual tracer dye shall be applied. Any person who
supervises up to eight people in the application of
pesticides and herbicides in the chemical maintenance of
eXOtiG vegetatien exotic vegetation in preserves, required
retained native vegetation native vegetation areas,
wetlands, or LSPA shall maintain the Florida Dept. of
Agriculture and Consumer Services certifications for
Natural Areas Pesticide Applicators or Aquatic Herbicide
Applicators dependent upon the specific area to be
treated. Control of exotics shall be implemented on a
yearly basis or more frequently when required, and shall
describe specific techniques to prevent reinvasion by
prohibited exotic vegetation of the site in perpetuity.
NOR native vegetation and nNuisance or invasive plants
and non - native ornamental vegetation shall be removed
eradicated from all Preserves.
L \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCma24 PKT4 (031810).doc
Text underlined is new text to be added
Bold text indicates a defined term
iii. Designation of a Preserve Manager. A Preserve Manager
shall be responsible for providing the developer /propertv
owner with technical assistance regarding management
needs for the preserve and compliance with the Preserve
Management Plan. At a minimum the Preserve Manager
shall have academic credentials and experience in the
area of environmental sciences or natural resource
management. Academic credentials and experience shall
be a bachelor's or higher degree in one of the biological
sciences with at least two years of ecological or biological
professional experience in the State of Florida. The
individual's name, address and phone number shall be
listed on the Preserve Management Plan. The same
contact information shall be provided regarding the
developer /property owner. Changes in the Preserve
Manager hired to manage the preserve shall be
documented in the monitoring report for the preserve.
iv. Wildlife Habitat Management. Where habitats must be
managed with regards to the species utilizing them,
Wildlife Habitat Management strategies may be required to
provide for specialized treatment of the preserve. Where
protected species are identified, management strategies
shall be developed and implemented in accordance with
section 3.04.00. k4h, -r° site Pond'`' bed
ti L'.° n1 plan will be. dIeyeieped and
implemented. The County will accept state and federal
management plans that are consistent with the
requirements of the LDC.
Fire Management. Special land management practices to
control fire or to maintain species diversity in the absence
of fire must be included as part of the Preserve
Management Plan, for those habitats requiring these
practices. Fire Management plans may include removal of
dead vegetation or periodic thinning of living vegetation to
improve forest health and mimic the natural effects of fire
as appropriate for the habitat type and surrounding land
uses. Fuel and fire breaks shall be kept to a minimum
necessary to control fire and should be coordinated with
the State of Florida. Division of Forestry , as part of a fire
suppression plan. The annual inspection monitoring report
required pursuant to ix (below) shall document with
photographs the coverage and types of vegetation to be
cleared for fuel management, prior to clearing. Where
listed species have been documented within the preserve
the annual inspection monitoring report shall require
surveys for the nests burrows or cavities of listed species
66
1 : \09 Amend the LDC\2009 -Cycle I \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added
Bold text indicates a defined term
1 that may be affected by the land management practices
2 no more than six months prior to clearing if gopher
3 tortoises occur in the area or within the time frames
4 recommended by the FFWCC and USFWS Fire
5 Management plans shall be consistent with wildlife habitat
6 management plans approved by Collier County.
vi. Vegetation Removal Permits. Vegetation Removal Permits
shall not be required to implement Preserve Management
Plans and firewise safety plans that specify land
management practices for clearing for fuel management or
fire lines in accordance with normal forestry practices and
which have been approved pursuant to this section State
and Federal agency permits or approvals shall be
required where applicable prior to clearing
Vegetation Removal Permits shall not be required to
remove dead dying or leaning trees which pose a safety
concern, unless they contain a nest or cavity of a listed
animal species or bald eagle The annual inspection
monitoring report required pursuant to ix (below) shall
document, with photographs trees to be removed for
safety concerns.
vii. Protection During Construction and Signage After
Construction. The Preserve Management Plan shall
address protective measures during construction and
signage during and after construction that are consistent
with section 3.05.04.
viii. Monitoring for Preserves Receiving Treated Stormwater. A
monitoring program must be implemented for preserves
that will receive stormwater pursuant to the requirements
of section 3.05.07. The monitoring program must include
protocols to conduct vegetation surveys and monitoring for
ground and surface water levels The Preserve
Management Plan shall include a schedule requiring a
baseline monitoring report followed by 5 annual monitoring
reports. Monitoring reports for stormwater within preserves
shall be included as part of the annual inspection
monitoring reports pursuant to ix (below) The Countv will
accept wetland monitoring reports submitted to the South
Florida Water Management District as long as the reports
conform to the minimum requirements provided herein and
includes all of the Preserves receiving stormwater.
Compatible vegetation must be planted to replace upland
vegetation that may be lost as a direct result of the
introduction of stormwater into the preserve
ix. Inspections and Monitoring. The property owner shall
provide for inspections of all on -site preserves by the
67
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
Bold text indicates a defined term
1 Preserve Manager on an annual basis, at a minimum or
2 more frequently when required to insure the preserve
3 functions as intended. The results of the inspections and
4 recommendations of the Preserve Manager, must be
5 included in a monitoring report on an annual basis, at a
6 minimum. The property owner shall retain copies of the
7 five most recent years of monitoring reports and make
8 them available to Collier County upon request.
10 X. Preserve Site Plan. A Preserve Site Plan with FLUCFCS
11 Codes for each of the habitat types within the preserve
12 must be included as part of the Preserve Management
13 Plan. The location of pathways and other approved uses
14 within the preserve must be included on the Preserve Site
15 Plan,
16
17
68
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added
e•hBold text indicates a defined term
1 LDC Amendment Request
2
3
4
5 ORIGIN: Community Development & Environmental Services Division
6
7 AUTHOR: Stephen Lenberger, Senior Environmental Specialist
8
9 DEPARTMENT: Department of Engineering, Environmental, Comprehensive Planning and
10 Zoning Services
11
12 AMENDMENT CYCLE: 2009 Cycle
13
14 LDC PAGE: LDC3:39
15
16 LDC SECTION(S): 3.05.07 H Preservation Standards
17
18 CHANGE: Add criteria for passive recreational uses allowed in preserves.
19
20 REASON: Required as part of the EAR -based GMP amendment to the Conservation and
21 Coastal Management Element Policy 6.1.1 (5) a. Policy 6.1.1 (5) a & b address uses in preserves
22 and state the following (underlined/strike through version provided to identify changes adopted
23 with the EAR -based GMP amendments):
?4
25 The uses allowable within preserve areas are limited to:
26
27 a. Passive recreational uses that do not impact the minimum required vegetation or cause a
28 loss of function to the preserve area. such as Ye tfails or boardwalks
29 allowed within presefve areas, as !on as any eleafing required to faeilitate these. uqes_
30 does not impaet the minimufn required vegetatio . Loss of function to the preserve area
31 includes a reduction or a change in vegetation within the preserve and harming any listed
32 species present in the preserve. More specific standards that implement this policy shall
33 be set forth in the land development regulations and will address various types of
34 construction that are compatible with the function of the preserve The land development
35 regulations will also provide criteria to define appropriate passive recreational uses The
36 criteria will be established to allow for passive recreational uses such as trails or
37 boardwalks that provide for access within the preserves providing the uses do not reduce
3 8 the minimum required vegetation or cause harm to listed species.
39
40 b. Receipt of treated stormwater discharge where such use including conveyance treatment
41 and discharge structures, does not result in any adverse impacts the naturally occurring,
42 native vegetation, to include the loss of the minimum required vegetation and the harm to
43 any listed species according to the policies associated with Objective 7 1 as determined
44 by criteria set forth in land development regulations Discharge to preserves having
15 wetlands requires treatment that will meet water quality standards as set forth in Chapter
69
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
Text underlined is new text to be added.
Text str F Bold text indicates a defined term
62 -302. F.A.C. and will conform to the water quality criteria requirements set forth by the
South Florida Water Management District.
During the 2008 LDC amendment cycle a definition for Passive Recreation was included in the
LDC. This definition reads as follows.
"Passive Recreation: Activities characterized by a natural resource emphasis and
non - motorized activities. These activities are deemed to have minimal negative
impacts on natural resources; or are consistent with preservation, enhancement,
restoration and maintenance goals for the purpose of habitat conservation.
Examples of passive recreation include, but are not limited to, bird watching and
nature study, swimming, picnicking, hiking, fishing and hunting, where
appropriate."
GMP, Conservation and Coastal Management Element Policy 6.2.6 states the following with
regards to required wetland preservation areas, buffer areas, and mitigation areas within the
Urban Designation and Rural Fringe Mixed Use District:
"Land uses allowed in these areas shall be limited to those listed in Policy
6.2.5(5)d of this element and shall not include any other activities that are
detrimental to drainage, flood control, water conservation, erosion control
or fish and wildlife habitat conservation and preservation."
Uses listed in Policy 6.2.5(5)d are:
1. Passive recreational areas, boardwalks and recreational shelters,
2. Pervious nature trails,
3. Water management structures;
4. Mitigation areas;
5. Any other conservation and related open space activity or use which is
comparable in nature with the foregoing uses.
During the 2008 CCPC hearings for LDC amendments, the CCPC asked staff to take a look at
existing pathways within preserves and to see if they were having a negative effect on the
preserves. In response, staff visited several preserves in the County. The widths of the different
pathways were measured and any visible negative effect on the preserves from these structures,
noted. The following is a list of preserves visited.
Collier County Freedom Park (Water Quality Park
Boardwalks: 8 feet wide
Shelters along boardwalk: 15 feet x 15 feet
70
1 : \09 Amend the LDC\2009 -Cycle i \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added
etti Bold text indicates ya defined term
1 Clam Pass County Park
2 Main boardwalk: 11 %2 feet wide
3 Dune walkover: 5 'h feet wide
4 Concession area: 120 feet x 105 feet at widest point
5 Golf carts: 44 inches wide
6
7 Pelican Bay North Beach Facility
8 Main boardwalk: 12 feet wide
9 Dune walkover: 6 feet wide
10 Concession area: 300 feet x 130 feet at widest point (including deck for golf carts)
11 Golf carts: 44 inches wide
12 Paved pathway: 11 feet wide
13
14 North Collier Regional Park
15 Main boardwalk: 8 feet wide
16 Other boardwalks: 6 feet wide
17 Concrete pathway: 8 feet wide
18
19 Six Mile Cypress Preserve (Lee County)
20 Entrance boardwalk: 5 feet wide
21 Main boardwalk: 4 %2 feet wide
22
_. 23 Fiddlers Creek
14 Boardwalk: 5 feet wide
25 Shelter along boardwalk: 40 feet x 14 feet
26
27 First Assembly Ministries
28 Concrete pathway: 7 feet wide
29
30 Pelican Marsh
31 Golf course maintenance facility boardwalk: 13 1/2 feet wide
32 Golf course concrete pathways: 8 feet wide
33 Golf carts: 44 inches wide
34
35 Audubon Society Corkscrew Swamp Sanctuary
36 Entrance boardwalk: 9 feet wide
37 Main boardwalk: 5 feet wide
38 Shelters: varied from 8 feet x 15 feet to 25 feet x 25 feet
39
40 Bay Forest
41 Boardwalk: 6 feet wide
42 Overlooks: 35 feet x 25 feet and 18 feet x 13 feet
43 Paved pathway: 8 %2 feet wide
44
71
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt\CCPCmar24 PKT4 (031810). doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Text underlined is new text to be added.
e,F Bold text indicates a defined term
Autumn Woods
Concrete pathway: 6 feet wide (15 feet wide at junction with other pathways)
Other than for shading immediately below the boardwalks and elevated wooden structures
indicated above, there was no visible evidence that these elevated facilities were having a
detrimental effect on the preserves or other natural areas. One impervious pathway was observed
at ground level and this was in the Autumn Woods residential subdivision. Although weeds were
present throughout this preserve, these were probably a result of historical use of the property for
agricultural purposes and not due to construction of the pathway. The pathways in Autumn
Woods were also used as fire breaks during the recent prescribed burn of the preserve by the
State of Florida, Division of Forestry.
All the other pathways observed by staff appeared to be constructed on water management berms
through or immediately adjacent to preserves or other naturally vegetated areas. Where fill was
added for construction of berms, encroachment with non - native grasses and weeds occurred. The
degree of encroachment varied and was dependent on the type of habitat within the preserve, the
hydrology, and species of weeds brought in with the fill or sod. One facility, Pelican Marsh,
stabilized the side slopes of their golf cart paths with pine straw, where these were constructed
adjacent to preserves or other natural areas. These paths were, in some cases, as high as pathways
constructed on water management berms in other localities. No erosion or weeds were visible on
the slopes of the pathways at Pelican Marsh.
In evaluating the widths of pathways, staff also consulted with staff from the Collier County
Transportation Division. Staff from the Transportation Division uses the "Manual of Uniform
Minimum Standards for Design, Construction and Maintenance for Streets and Highways
(Commonly known as the "Florida Greenbook ")" in designing and reviewing pathways for
highways and other corridors. The Manual states the following with regards to the width for
"Shared Use Paths ".
"The paved width and operating width required for a shared use path are primary
design considerations. The minimum recommended width for a paved two -way
path is 10 feet. In many cases, it is desirable to increase the minimum width to 12
feet. The width should be increased if there is expected substantial use by
bicyclists, probable shared use with joggers and in -line skaters, steep grades, and
locations where bicyclists are likely to ride two abreast."
Although the Florida Greenbook is designed for pathways along roads and other corridors,
similar type uses could be expected to occur within parks and preserves, where these facilities are
available. The Collier County Comprehensive Pathways Plan Update, Adopted: January 12,
2006, notes that "Users prefer to travel through areas that are shaded, have visual relief or offer
other visual and/or historic amenities ". During staffs site visit to the preserve at Autumn Woods,
staff noticed its use by skaters, supporting this statement. The pathway in the preserve at Autumn
Woods is interconnected with other concrete pathways within the subdivision, creating a larger
continuous pathway.
72
1' \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added
Bold text indicates a defined term
1 One of the properties visited, Bay Forest, had canoes and kayaks stored on special racks
! 2 constructed on the sides of the boardwalk. These were probably launched from the shelter at the
3 end of the boardwalk, near where the boats were stored.
4
5 All the golf carts observed by staff on pathways were run with electric motors except for the golf
6 carts used at the maintenance facility for Pelican Marsh, which were gas powered. The
7 boardwalk through the preserve adjacent to this maintenance facility is only used by maintenance
8 personnel and not by residents. It is also wider than most, to accommodate more frequent use by
9 staff. Golf carts used for maintenance at Pelican Marsh were often equipped with truck type beds
10 to hold equipment, making them a little wider than the carts used at the other facilities. The carts
11 at Pelican Marsh were also used to pull golf course maintenance equipment.
12
13 Two major issues of concern surfaced during stakeholders meetings held in 2009. These were use
14 of the preserve by golf carts, and the discussion of pervious vs. impervious pathways.
15
16 During stakeholders meetings, some stakeholders expressed concern of allowing golf cart paths
17 within preserves. Bisecting of preserves by these pathways was a concern, particularly if they are
18 not elevated on a boardwalk. Other stakeholders felt that reasonable use of preserves by golf carts
19 should be allowed for access to the golf course. It was argued that golfers, like other users, enjoy
20 use of preserves. Preserves adjacent to golf courses often enhance views of the courses.
21
22 Having golf cart paths separate from other uses was agreed upon by some of the stakeholders, for
23 safety concerns. Some preferred the tranquility of having pedestrian pathways separate from
4 other uses and cited the use of trams on the boardwalks at Pelican Bay as an example of what
25 they did not want. Others felt differently. Although most golf courses do not want pedestrians
26 walking along the course while golfers are playing, one consultant mentioned that some do allow
27 early morning and late afternoon walkers. Some also felt that it makes sense to combine
28 pedestrian and golf cart pathways where they cross preserves, to minimize impacts to preserves.
29
30 Most of the golf cart paths within preserves that staff has seen, are elevated and limited in where
31 they cross the preserve, usually at narrow points along the preserve. According to stakeholders
32 from the development community, the cost of constructing and maintaining these facilities along
33 with the added expense in impacting State and Federal agency jurisdictional wetlands and
34 preserves, are the major reasons why they are not more utilized. The amendment as proposed will
35 allow golf carts within preserves, for access to the golf course. The decision as to whether to
36 allow golf cart paths to be used by other than golfers will be left to the property owner.
37
38 There was some consensus among stakeholders to encourage the use of pervious pathways. Since
39 pathways within preserves occupy only a very small percentage of preserves, it was thought that
40 the amount of impervious pathways within preserves could be limited, to perhaps one percent of
41 the area of the preserve, and that any pathways over this area be required to be constructed of
42 pervious materials or to consist of boardwalks. They also asked if pervious pathways could be
43 counted towards the minimum native vegetation retention requirement, to further encourage their
44 use. A cap on the amount of pathways within preserves of up to 3 or 4 percent of the area of the
"
15 preserve was also suggested to prevent too much vegetation within the preserve from being
16 impacted, if pervious pathways were to count towards the minimum native vegetation retention
73
1:\09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt\CCPCmar24 PKT4 (031810).doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Text underlined is new tent to be added.
Tex
Bold text indicates a defined term
requirement. This limitation was considered reasonable since existing structures within
preserves, generally occupy less than this. One example, Autumn Woods, with a fairly extensive
system of pathways occupied only about 2.1 percent of the area of the preserve. Rough
calculations from a stakeholder from the development community showed that this limitation
would be enough for smaller preserves. A ten acre preserve was used for this calculation.
Concern later surfaced as to whether this would be enough for access to even smaller preserves,
about a half acre in size. Some stakeholders felt that an overall cap on the amount of pathways
should not be used if pervious pathways were not to count towards the minimum native
vegetation retention requirement. Currently the amount of pathways within preserves are not
restricted by the LDC, as long as the minimum native vegetation retention requirement is met and
there no loss of function to the preserve area in accordance with CCME Policy 6.1.1 (5) a. At the
request of stakeholders, a limit on the amount of impervious pathways within preserves, up to
one percent of the area of the preserve, has been included in the amendment to encourage the use
of pervious pathways within preserves. Boardwalks can be used in lieu of pervious pathways. No
other limitation on the amount of pathways within preserves is included in the amendment, as
long as they do not impact the minimum required native vegetation or cause a loss of function to
the preserve, as required by CCME Policy 6.1.1 (5) a.
Although located primarily on water management berms through or adjacent to preserves, the
impervious pathways staff observed showed no signs that they were causing harm to the
preserves. Instead it was the importation of unwanted vegetation (weeds and grass) from the fill
or sod from these pathways, which caused a problem. As previously mentioned, all the pathways
observed by staff except for one, appeared to be constructed on water management berms
through or immediately adjacent to preserves or other naturally vegetated areas. To offset this,
provisions have been included in the amendment to stabilize the side slopes of these water
management berms and plant them with 100 percent south Florida native species compatible
with the habitat present in the preserve, when these berms are located in or adjacent to preserves.
This was effectively done for the pathways at Pelican Marsh. This is consistent with section
4.06.05 of the LDC, which currently requires slopes adjacent to preserves to be planted with 100
percent Florida native species.
Allowing structures and pathways to count towards the minimum native vegetation retention
requirement is not considered by staff to be consistent with CCME Policy 6.1.1 (5) a. Policy
6.1.1 (5) a, states the following: "The uses allowable within preserve areas are limited to: Passive
recreational uses that do not impact the minimum required vegetation or cause a loss of function
to the preserve area. Loss of function to the preserve area includes a reduction or a change in
vegetation within the preserve and harming any listed species present in the preserve." Replacing
natural habitat within preserves, whether vegetated or not, with structures or pathways removes
that portion of the habitat covered by structures, from the preserve and represents a loss of
function that portion of the habitat provided to the preserve.
Several environmental consultants felt that the all listed species should be included in the
proposed amendment, but to allow for appropriate FFWCC or USFWS permits or authorizations
to be obtained in order to construct pathways and other structures within preserves, when listed
species are present in the preserve. The amendment has been revised to address their concerns.
74
1 :\09 Amend the LDC\2009 -Cycle 1 \LDC Packet\mar 24 CCPC pkt\CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
Bold text indicates a defined tern
1 Some stakeholders asked if the type of "shelters" could be clarified in the amendment and were
( 2 concerned of the uses they might allow. All shelters observed by staff in the parks and preserves
3 observed, have no walls. Most have benches for seating and railings when elevated. One shelter,
4 located in Six Mile Cypress Preserve in Lee County, had an amphitheater for educational
5 programs and weddings. Some also had interpretive / informational signage or lattice type work
6 for decoration. Based on these observations, staff recommends shelters within preserves, be
7 limited to those without walls. This would allow for all the uses and structures identified above.
8
9 During the DSAC LDR Sub - committee meeting, the Sub - committee asked if staff could clarify
10 in the LDC amendment what a loss of function in accordance CCME Policy 6.1.1 (5) a means.
11 They were concerned that the second sentence in the GMP Policy, if included in the LDC as
12 written, would not allow for any uses within preserves. To clarify, staff included in the
13 amendment the types of "changes in vegetation" that would be considered "unacceptable" in
14 accordance with the GMP Policy. The changes were later approved by the DSAC.
15
16 FISCAL & OPERATIONAL IMPACTS: Additional cost will be incurred upon the applicant
17 to permit and construct recreational facilities within preserves. Recreational facilities also make a
18 community a more desirable place in which to live, thereby increasing property values.
19
20 General estimates from staff from the Parks and Recreation Department give the following with
21 regards to the cost of construction for boardwalks and pathways. Actual costs will vary due to
22 market conditions, contract negotiations, etc.
23
24 Boardwalks: $30 -$50 square foot (wooden boardwalk with plastic deck)
25 $180 -$300 linear foot (6 foot wide boardwalk)
26 $70 square foot (IPE lumber)
27 Concrete: $2 -$3 square foot
28 Asphalt: $2 square foot
29
30 Actual bids for the boardwalk at the County Freedom Park ranged from $585 - $784 per linear
31 foot, for an 8 foot wide IPE lumber boardwalk. (IPE wood typically comes from tropical South -
32 Central America and is a very strong hard dense wood, extremely resistant to attack and decay by
33 fungi and termites. IPE lumber includes not only IPE wood, but also a number of other similar
34 species which share similar properties.)
35
36 Information provided by stakeholders from the environmental community showed that pervious
37 concrete cost about 10 to 20 percent more to install than impervious concrete. Ground prep for
38 installation of pervious and impervious concrete pathways was shown to be about the same.
39 Most, if not all, the golf cart paths staff has seen in the county are constructed of concrete.
40 Maintenance costs for concrete paths are less over time than asphalt, according to stakeholders.
41
42 RELATED CODES OR REGULATIONS: None
43
44 GROWTH MANAGEMENT PLAN IMPACT: Required as part of the EAR -based GMP
15 amendment to CCME Policy 6.1.1 (5)(a).
46
75
1 : \09 Amend the LDC\2009 -Cycle 1\LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
Text underlined is new text to be added.
Text
Bold text indicates a defined term
OTHER NOTES /VERSION DATE: Created January 6, 2010. Amended January 25, 2010,
February 12, 2010, March 16, 2010
Amend the LDC as follows:
3.05.07 Preservation Standards
H. Preserve standards.
1. Design standards.
h. Allowable uses within useFve areas. Passivtrecreatin ;l- -uses,
th °o° r .dn °c nnf 'm ..n1 tho m r °d vegetatiOR. C
thnf ..401-11d ..Iln . I'm'lofl aGGe66 fn the
that ;.411 not cause any negative impacts to the preserve, swhas
he f'Ibo.d n toil° of the n s to n vide nrnl°nf'n in the
AGGGFdRRGFI 1.vth the proteGted SpeGies d'
Z 04 nd rl n Cnn..nq and walls aFe ni permitted .;thin the
preseFve area,
h. Allowable uses within County required preserves. Passive uses
are allowed within preserves to provide for access to the preserve
as Long as any clearing required to facilitate these uses does not
impact the minimum required native vegetation or cause loss of
function to the preserve. Loss of function to the preserve includes
unacceptable changes in vegetation within the preserve or
harming any listed species present in the preserve. Unacceptable
changes in vegetation within preserves include replacement of
indigenous vegetation with non - native species changes in
vegetative composition which are inconsistent with target plant
communities or die -offs of vegetation which are inconsistent with
target plant communities. Determinations of harm to listed species
shall be made by FFWCC or USFWS, and pathways structures
or improvements within preserves containing listed species shall
in accordance with permits or authorizations from these agencies.
i. The following passive uses are allowed within preserves.
a) Pervious and impervious pathways and
boardwalks, subject to the following criteria:
1) Recommended widths for pedestrian
pathways is 5 feet, but shall be kept to a
76
L \09 Amend the LDC\2009 -Cycle 1 \LDC Packet\mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
^`h Bold text indicates a defined term
1 maximum width of 8 feet. Widths greater
( 2 than 8 feet may be allowed in high use
3 areas or where the pathways serve as fire
4 breaks in accordance with a fire
5 suppression plan approved by the State of
6 Florida, Division of Forestry.
ii) Recommended widths for shared use paths
for use by golf carts, trams, bicycles
joggers, etc. is 10 feet, but shall be kept to
a maximum width of 12 feet. Widths greater
than 12 feet may be allowed in high use
areas or where the pathways serve as fire
breaks in accordance with a fire
suppression plan approved by the State of
Florida, Division of Forestry. Golf cart paths
for golf course use shall be designed for
golf course access only.
iii) Impervious pathways shall be limited to no
more than one percent of the area of the
preserve. Pathways over this amount shall
be either pervious pathways or boardwalks.
iv) Where feasible, pathways shall be designed
to maintain existing vegetation and larger
trees. Pathways in scrub habitat lacking
canopy should be avoided.
V) Where a minimum preserve width of 20 feet
cannot be maintained on either side of
pathways, the pathway shall be located
along the side of the preserve.
vi) Pathways shall not interfere with the nests
dens, burrows or roosts of listed species or
the nests of bald eagle, unless permitted or
authorized by the FFWCC or USFWS.
vii Pathways, other than boardwalks, shall be
at or on natural grade unless constructed
on berms for the stormwater management
system. Slopes for stormwater
management berms in or adjacent to
preserves shall be stabilized and planted
with 100% south Florida native species
compatible with the habitat present in the
preserve.
b) Shelters without walls.
77
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet\mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
r kethreugh is GU feted:
Bold text indicates a defined term
l - -- -
c) Educational signage and bulletin boards located on
2
or immediately adjacent to the pathway.
3
4 -
- - - d) Benches for seating
5
- -
6
e) Viewing platforms
8
f) Wildlife sanctuaries for indigenous free roaming
9
wildlife. Wildlife parks, wildlife rehabilitation centers
10
and similar type uses, with non- indigenous wildlife,
11
or caged or enclosed wildlife shall not be allowed
12
within preserves.
13
14
q) Conservation related activities comparable in
15
nature with the aforementioned uses, as
16
determined by the County Manager or designee.
17
18
h. The requirements of this subsection (3.05.07
19
H.1.h.i) shall not apply to preserve pathways
20
structures or improvements that had permits prior
21
to [effective date of this Ordinance]. Existing
22
pathways, structures or improvements that had
23
permits may be repaired maintained and replaced
24
within the existinq footprint of the pathway,
25
structure or improvement.
26
27
ii. jInsert Stormwater Uses in Preserves amendment)
28
29
iii. No setback from preserves is required for fences or
30
retaining walls permitted as part of the stormwater
31
management system. Decorative walls must be set back a
32
minimum of five feet from the boundary of preserves
33
Permanent fences and walls are prohibited within
34
preserves unless approved by the FFWCC or USFWS as
35
part of an approved wildlife management plan in
36
accordance with 3.04.00. Where construction of such
37
structures impacts native vegetation in the preserve a
38
restoration plan shall be provided and included as part of
39
the preserve management plan No trenching for
40
wall /fence installation is allowed within 10 feet from
41
preserve boundary unless adjacent to a fire break in the
42
preserve. Trenching is allowed for installation of gopher
43
tortoise fencing pursuant to FFWCC Gopher Tortoise
44
Permitting Guidelines and for retaining walls designed to
45
minimize impacts to native habitat and wetlands such as
46
those permitted as part of the stormwater management
47
system.
48
49 iv. No setback from preserves is required for impervious or
so pervious pathways or other structures allowed within
51 preserves pursuant to this section.
78
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
79
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
Text ^
Bold text indicates a defined term
1
( 2
V. In those areas of Collier County where oil extraction and
3
related processing is an allowable use, such use is subject
4
to applicable state and federal oil and gas permits and
5
Collier County non - environmental site development plan
6
review procedures. Directional - drilling and /or previously
7
cleared or disturbed areas shall be utilized in order to
8
minimize impacts to native habitats, where determined to
9
be practicable. This requirement shall be deemed satisfied
10
(upon issuance of a state permit in compliance with the
11
criteria established in Chapter 62C -25 through 62C -30
12
F.A.C., as those rules existed on January 13 2005
13
regardless of whether the activity occurs within the Big
14
Cypress Watershed, as defined in Rule 62C- 30001(2)
15
F.A.C. All applicable Collier County environmental
16
permitting requirements shall be considered satisfied by
17
evidence of the issuance of all applicable federal and /or
18
state oil and gas permits for proposed oil and gas activities
19
in Collier County, so long as the state permits comply with
20
the requirements of Chapter 62C -25 through 62C -30
21
F.A.C. For those areas of Collier County outside the
22
boundary of the Big Cypress Watershed the applicant
23
shall be responsible for convening the Big Cypress Swamp
24
Advisory Committee as set forth in Section 377.42 F S to
25
assure compliance with Chapter 62C -25 through 62C -30
6
F.A.C. even if outside the defined Big Cypress Watershed
27
All access roads to oil and gas uses shall be constructed
28
and protected from unauthorized uses according to the
29
standards established in Rule 62C- 30.005(2)(a)(1) through
30
(12), F.A.C.
31
79
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
Bold text indicates a defined term
27 -- This page intentionally left blank --
28
29
80
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new tent to be added.
Text stF ^•h Bold text indicates a defined term
1 LDC Amendment Request
2
3
4 ORIGIN: Community Development & Environmental Services Division
5
6 AUTHOR: Stephen Lenberger, Senior Environmental Specialist
7
8 DEPARTMENT: Department of Engineering, Environmental, Comprehensive Planning and
9 Zoning Services
10
11 AMENDMENT CYCLE: 2009 Cycle
12
13 LDC PAGE: LDC3:39
14
15 LDC SECTION: Section 3.05.07 Preservation Standards
16
17 CHANGE: Add criteria for when treated stormwater is allowed in preserves.
18
19 REASON: The addition of criteria to identify when treated stormwater would be allowed
20 within preserves is required as part of the EAR -based GMP amendment to Conservation and
21 Coastal Management Element (CCME) Policy 6.1.1 (5) b. Policy 6.1.1 (5) a & b address uses in
22 preserves and state the following (underlined/strike through version provided to identify changes
_ 23 adopted with the EAR -based GMP amendments):
24
25 The uses allowable within preserve areas are limited to:
26
27 a. Passive recreational uses that do not impact the minimum required vegetation or cause a
28 loss of function to the preserve area.
29 allowed v4thin pfesen,e afeas, as long as afty eleafing required to faeilitate these use
30 does not impact !he minimum required vegetatie . Loss of function to the preserve area
31 includes a reduction or a change in vegetation within the preserve and harming any listed
32 species present in the preserve. More specific standards that implement this policy shall
33 be set forth in the land development regulations and will address various types of
34 construction that are compatible with the function of the preserve. The land development
35 regulations will also provide criteria to define appropriate passive recreational uses. The
36 criteria will be established to allow for passive recreational uses such as trails or
37 boardwalks that provide for access within the preserves, providing the uses do not reduce
38 the minimum required vegetation or cause harm to listed species.
39
40 b. Receipt of treated stormwater discharge where such use, including conveyance treatment
41 and discharge structures, does not result in adverse impacts the naturally occurring, native
42 vegetation, to include the loss of the minimum required vegetation and the harm to an y
43 listed species according to the policies associated with Objective 7 1 as determined by
4 4 criteria set forth in land development regulations. Discharge to preserves having
5 wetlands requires treatment that will meet water quality standards as set forth in Chapter
81
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCma24 PKT4 (031810).doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
is
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
Text underlined is new text to be added.
Text- strikethreugh
Bold text indicates a defined term
62 -302. F.A.C. and will conform to the water quality criteria requirements set forth by the
South Florida Water Management District.
The LDC amendment proposed was drafted by stakeholders.
FISCAL & OPERATIONAL IMPACTS: Having criteria when treated stormwater is allowed
within preserves will help staff and applicants during the permitting process since specific
criteria will be available in which to review and design projects by.
Where stormwater lakes and dry retention areas do not provide enough retention and stormwater
is not allowed to be discharged into preserves, additional retention area will have to be provided.
More intensely developed sites or those with more site constraints may be affected, limiting the
amount of land that can be used for structures, parking and the like. Cost of providing additional
storage will vary based on the design of the project and cost of land.
Additional water added to preserves could result in changes to the habitat within. Die -offs of
native vegetation, or an increase in exotic or nuisance vegetation could result, if not designed
properly. Restoration of habitat within preserves as a result of die -offs would add additional cost
to the developer or homeowners.
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: Required as part of the EAR -based GMP
amendments to CCME Policy 6.1.1 (5) b.
OTHER NOTESNERSION DATE: Created January 25, 2010. Amended February 12, 2010,
March 16, 2010
Amend the LDC as follows:
3.05.07 Preservation Standards.
H. Preserve standards.
1. Design standards.
h. (See Recreational Uses in Preserves amendment)
ii Stormwater subject to the following criteria.
a) Nothing in this section shall exempt any system
from complying with the stormwater management
design standards as set forth by the South Florida
Water Management District.
b) Preserve areas shall not be used to meet water
quality requirements as set forth in Section 5.2.1(a)
82
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new tent to be added to be deleted,
e♦h Bold text indicates +a defined term
1 of the Basis of Review for Environmental Resource
2 Permit Applications for the South Florida Water
3 Management District or the Watershed
4 Management regulations of Section 3.07 00
5
6 C) Discharge of stormwater into a preserve shall be in
7 a controlled manner to prevent erosion scour, and
8 to promote even distribution.
9
10 d) Stormwater may be discharged into preserves
11 comprised of:
12
13 1 jurisdictional wetlands and the minimum
14 required upland buffer around these
15 wetlands in accordance with an approved
16 SFWMD Environmental Resource Permit
17 Ef RP);
18
19 ii uplands comprised primarily (greater than
20 50 percent by area) of hvdric soils as
21 mapped by the Natural Resources
22 Conservation Service (NRCS) or as
23 determined by in situ hvdric indicators;
24
25 ii non - jurisdictional areas dominated by
26 hydrophytic (Obligate (OBL) & Facultative
27 Wet (FACW)) vegetation.
28
29 iv or a combination thereof.
30
31 e) Where preserves include uplands comprised of
32 greater than 50% by area of non - hvdric soils and
33 not addressed in subsection 3.05.07 H.1.h.ii.d
34 (above), stormwater may be discharged into said
35 preserves provided the following criteria are met
36
37 1 If gopher tortoise red- cockaded
38 woodpecker, Big Cypress fox squirrel scrub
39 jay or the nests of bald eagle are present
4 0 technical assistance from the FFWCC or
41 USFWS shall be Provided indicating that no
42 harm to these species or their habitat will
43 occur due to discharge of stormwater into
44 the preserve. Technical assistance must be
45 site specific:
46
47 ii Demonstration that the upland portion of the
48 preserve is not inundated for more than 30
4 9 consecutive days during a reference wet
'0 season, as demonstrated through
01 stormwater modeling. For the purpose of
83
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
Bold text indicates a defined term
this subsection, the reference wet season is
May 1996 through October 1996. In this
context, inundation means water levels
averaging greater than 2" above the
average ground surface of the preserve
or, if on -site groundwater data exists during
a normal wet season, the applicant must
demonstrate that the addition of stormwater
to the preserve will not cause the
groundwater elevation in the preserve to
exceed the existing recorded peak
groundwater elevation. A wet season
typically spans June through November,
and rainfall is considered normal if the
monthly totals during a given wet - season
fall within 25 percent of the average rainfall
volume per month as computed using
nearby long -term regional rainfall data.
iii Stormwater shall not be directly discharged
into land designated as 322, 413 or 421
FLUCFCS Codes.
f) When stormwater discharges are allowed in
preserves, the associated stormwater facilities
such as berms, swales, or outfall structures, may
be located within the preserve, but the area of such
facilities can not count towards the native
vegetation preservation requirement pursuant to
section 3.05.07. These facilities are not subiect to
setback requirements as found in subsection
3.05.07 H.3. These facilities may be placed in a
drainage easement.
g) Where stormwater discharges are allowed in
preserves, the Preserve Management Plan as
required in 3.05.07 must include a monitoring
program. In the event stormwater introduced into a
preserve results in unacceptable changes in
vegetation within the preserve, then a remediation
plan must be provided and the Preserve
Management Plan revised accordingly.
Unacceptable changes in vegetation within
preserves include replacement of indigenous
vegetation with non - native species, changes in
vegetative composition which are inconsistent with
target plant communities or die -offs of vegetation
which are inconsistent with target plant
communities.
84
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt\CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
Bold text indicates a defined term
1 h) Stormwater shall be allowed in preserves in the
2 RLSA WRA areas in accordance with
3 section 4.08.00 Rural Lands Stewardship Area
4 Overlay District standards and procedures
i) A property owner may request deviations from the
above regulations. 3.05.07 H.1.h.ii. Staff shall
review the plans and proposed deviations to ensure
that uplands in the preserve will suffer no adverse
impact resulting from the proposed deviations. The
process for obtaining deviations shall follow the
procedure as set forth in Chapter 2 Article VIII
Division 23 of the Code of Laws and Ordinances
appeal before the EAC, and shall be heard at a
public hearing of the EAC. No deviations shall be
granted for 322. 413 or 421 FLUCFCS Codes
I) The requirements of this subsection (3 05 07
H.1.h.ii) shall not apply to discharge of stormwater
into preserves pursuant to South Florida Water
Management District or County permits or
approvals issued prior to [effective date of this
Ordinancel.
85
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet\mar 24 CCPC pkt\CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
Bold text indicates a defined term
27 -- This page intentionally left blank --
28
29
86
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
1
,m. 2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
-)3
_4
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
6
7
48
Text underlined is new tent to be added
Bold text indicates a defined term
LDC Amendment Request
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Stan Chrzanowski, Manager — Engineering Review Services
DEPARTMENT: Engineering and Environmental Services
AMENDMENT CYCLE: 2009 Cycle 1
LDC PAGE: LDC4:76.1
LDC SECTION(S): 4.05.02 M Design Standards
(Typical Off - Street Parking Design — Exhibit A)
CHANGE: Replace current graphic /exhibit with one containing greater detail
REASON: Clarity
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTES/YERSION DATE: Improved quality of graphic March 17, 2010
Amend the LDC as follows:
4.05.02 Design Standards
M. Each parking space shall be a minimum of nine (9) feet by eighteen (18) feet in size or
sixteen (16) feet in depth measured from the aisle width to the face of the wheel stop except in
the case of parallel parking where the dimension of the space shall be nine (9) feet by twenty -
three (23) feet foe spaces running parallel to the driveway which affords access to said spaces.
As an alternative, nine (9) feet by eighteen (18) feet spaces may be used in which case there
must be a six (6) foor marked clear zone space in front of or in back of every space. See
Exhibit "A" for typical off - street parking design. All parking spaces for the exclusive use of
compact vehicles indicated on an approved site development plan, and any subsequent
amendments thereto, shall be counted as standard parking spaces.
(Ord. No. 04 -72, § 3.M)
87
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
2
4'
I<
y
pMt1
i
Oil
o
t
W 1
1
yy3 �
i
s
Text underlined is new text to be added.
Te)d stFokethFou gh is eRt te)d to he deleted.
Bold text indicates a defined term
i
�i
q
W
88
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
O
V:81
��
TA"aft DEW
DEY1SIQt(� '
CPU= COW" ILAFx
dMCV Y EP`MM
E(HIBIT A
88
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
T-e)d strikethrough is cifrervt-textto-be-deleted.
Bold text indicates a defined term
I:. i F
ii
Iz
0
M
R R
I
� IC DM
0
ow
H 1J
W
io
z 0
I-
<
M
I
I
D
(WHITE)
AM
12:1
Xw
(BLUE) in
Lr3
O
�z
0o,
(BLUE)
<
T(WHITE)
<
ui
TYPICAI
10
a PARK
M �Dow
DIV
< z .
ol
zr 0
COLLIER COI
w
2 SERVICE
FEBRUARY
0
EX]
F
89
1:\09 Amend the LDC\2009-Cycle 1 TDC Packet\mar 24 CCPC pkt\CCPCma r24 PKT4 (031810). doc
Text underlined is new text to be added.
Bold text indicates a defined term
27 -- This page intentionally left blank --
28
29
90
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
'A Bold text indicates 'a defined term
1 LDC Amendment Request
(� 2
3 ORIGIN: Community Development & Environmental Services
4
5 AUTHOR: Nancy Gundlach, Principal Planner,
6 Florida Registered Landscape Architect # 1244
7
8 DEPARTMENT: Zoning & Land Development Review
9
10 AMENDMENT CYCLE: 2009 Cycle 1
11
12 LDC PAGE: LDC4:114
13
14 LDC SECTION(S): 4.06.05.D.4. Shrubs and hedges
15
16 CHANGE: Restore previously omitted subsection and update section cross
17 reference.
18
19 REASON: Scrivener's error made during codification of Ordinance 04 -41;
20 scrivener omitted language.
21
22 FISCAL & OPERATIONAL IMPACTS: None
23
24 RELATED CODES OR REGULATIONS: None
25
26 GROWTH MANAGEMENT PLAN IMPACT: None
27
28 OTHER NOTES/YERSION DATE: Amended 03/08/2010 to add at street and driveway in
29 front of intersections per CCPC comments.
30
31
32 Amend the LDC as follows:
33
34 4.06.05 General Landscaping Requirements
35
36 D. Plant Material Standards.
37
38 4. Shrubs and hedges. Shrubs and hedges shall be installed and maintained
39 at a minimum height as specified in Section 4.06.02.C.4- except where
40 s#eet visibility at street and driveway intersections is required and where
41 pedestrian access is provided. Shrubs and hedges shall screen the
42 adjacent pavement surface or developed property required to be buffered
43 and /or screened. Hedges, where required, shall be maintained so as to
44 form a continuous, unbroken, solid visual screen within a minimum of one
,45 year after time of planting.
6
47
91
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt\CCPCma24 PKT4 (031810).doc
Text underlined is new text to be added.
Bold text indicates a defined term
27 -- This page intentionally left blank --
28
92
1109 Amend the LDC12009 -Cycle 1 \LDC Packet\mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
Bold text indicates a defined term
1 LDC Amendment Request
2
3
4
5 ORIGIN: Zoning Department per the BCC
6
7 AUTHOR: Susan Istenes, AICP
8
9 DEPARTMENT: Zoning
10
11 AMENDMENT CYCLE: 2009 Cycle 1
12
13 LDC PAGE: LDC5:4
14
15 LDC SECTION(S): 5.03.02 Fences and Walls
16
17 CHANGE: Reorganize the fences and walls requirements in its entirety for ease of reading.
18 Organized the ordinance by specifying requirements by zoning classifications (i.e. residential,
19 commercial, etc.).
20
21 Additional changes are as follows:
22
- --
23 1. Removed the ability to get an administrative height variance for residential fences per
24 BCC direction (see attached minutes).
25
26 2. There were areas of the Code which required the BZA to decide if barbed wire in
27 conjunction with a chain link fence was permissible in a residential district. The
28 reference to chain link fences was removed and replaced with "fence" making this section
29 applicable to all types of fences and the reference to the BZA was removed and replaced
30 with the County Manager or designee making this an administrative decision
31 (administrative variance) rather than one that requires a public hearing.
32
33 3. Added a reference to wire and wire mesh fencing. The applicability of the code regarding
34 wire mesh fencing isn't clear and it has been questioned. A reference to wire mesh has
35 been added to be the equivalent of chain link, therefore the same regulations that apply to
36 chain link will apply to wire mesh fencing.
37
38 4. Replaced the word "fence" for "sight" (see highlight)(no change in regulation).
39
40 5. Added exclusions to the wall requirement between non - residential and residential
41 developments where the non - residential property is a golf course or preserve.
42
43 6. Changed the reference for the sight triangle requirement at all street intersections for all
44 districts because it is currently listed as applicable only under residential zoning. The
15 sight triangle regulations pertain to all affected intersection regardless of the zoning
16 district of the abutting properties.
93
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
Text underlined is new text to be added.
etti Bold text indicates a defined term
Added reference and regulations pertaining to Sound Walls, which currently are not recognized
in the LDC.
REASON: Directed by BCC to remove the ability to get an administrative height waiver for
properties located in a residential zoning district and made the following modifications:
reorganized for more efficient reading; included administrative deviation to exclude golf courses
and preserves from wall requirement between residential and non - residential uses ; modified the
provisions requiring BZA approval to install barbed wire in conjunction with chain link fences in
residential districts to allow staff to approve this request through an administrative variance
process for all types of fences which incorporate barbed wire.
FISCAL & OPERATIONAL IMPACTS: Pursuant to change number 1 above, the fee to
process and administrative variance is currently $1,000. The fee to process a variance petition
(the only available alternative to vary the height) for residential property is $2,000 plus the costs
of advertising, etc. thus should a residential property owner wish to apply for a fence height
variance the cost will increase by approximately $1700. Pursuant to number 2 above, the fee to
seek BZ.A approval to erect barbed wire fencing in residential districts is currently $2,000 plus
the cost of advertising, etc. The fee to seek staff administrative approve is currently $1,000 thus
the cost will be reduced by approximately $1700 dollars should a property owner wish to erect
barbed wire fencing in conjunction with other types of fencing.
RELATED CODES OR REGULATIONS:
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTES/VERSION DATE: Created August 12, 2009. Revised November 19, 2009
per DSAC /LDR. Revised March 3, 2010 per CCPC. Revised March 15, 2010 for corrections.
Amend the LDC as follows:
5.03.00 ACCESSORY USES AND STRUCTURES
94
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
Text etti Bold text indicates +a defined term to be &I�tnd
1
t 2
95
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined . is new text to be added
Bold text indicates a defined term
1
2
3 health safety, oF welfare standarr peGUIiaF to the property is identified, and th at
9
5
6
7 9. EX'Stn _a.d 1°.. °ls shall ..at h° _It °r °.d Far the n e of ••• a th
8
9 A.B. and4s6 80.
10
11
12 of the t. UIL-0na r..e ;hall l.'.e Fni- asured free, the Found level at the fence ^
6,..,�.� i,o.•., .
13 However, if the County Manager OF des gnee deteFm ne6 that gFGLlRCJ 1AVAIP haVe been
14 altar °rl SO to ara..i.d° for a high er f °a ° the Gevat., Manager or I ' ...... . .!
15 'd°te.... ..
.e the V yr level for the ^ .r.. sec of ,..a6Ll, ny the fe Ge height. I
16
17 the height of the f°..G° the QGURt , MaRageF r designee .� ..•�6l deF, but is not limited
.,.y... ., ..x ..yam - -. .^. .,,y•...., ;"w� C
18 to, the following faGt6�
19
20 gFound elevation ofthe entire lat.
21
22 2. In the ,......., of ... let : r :th vary n n _ ^a °I°.ot.o. the aye °1 °..^.tFGR eve
.,.. �.ny yr :moo
23 the I°aath ..f the fe RGe ^a at n nto '^ the , a'h, of the f °nn°
24
25 3. The g;eundelevat,'^ men beth sides Gf the .fence, In measafing t a €eRGe height,
26 the gFeU..d el°v.at:e^ An the side of the fence !".ration that is at the l.°.`.:est
27
28
29 4. C°'•oeI; er :ally shall be .°r..Ott °. pr:..:pal uses; however, a f°n.e ^r :a,1. 6hall
30
31 prevides far RW91F Str at
32
33
34
35
36 5hall be subjert to
37
38 1. F° . ^!!° OR lots greater than one (1) in afea Teach a .. ,^ m .
39 he ht�nf 6 p (6) feed; ..^ .. t for • hr.. t rh, �•^.a l.. r., .. ..t °...r f.°.r '.' hiGhoh the
40 allewahl° height 'o eight /A\ feet
41
42 =. Fer non I.A.434-FiFFORt ;at °rar I °tsGae (1) acre OF is area, fenceG Grwa ^ns -ma7
43
49 four (4) feet withiR the required fFORt YaFd, eXGept fOF publiG utility aRGOI!a.�,,
45 SySteFnS fnr,..h rah the allowable he nht is nht (8) feet's all yards.
46
47 26 FeF I..aateFfFGRt 'Ot °ts eae (1) aeFe OF- less -+n -yea, ;eight I..,46 ° as far ROR
48
49 .
50 C
51 4. For GoFneF lots _r.r,•••e -(f) apre ar— lc °SS +n ar° .,hinh h„ ,d °fntinn ha.,° a..l„ front
96
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added
Bold text indicates a defined term
1
2 feet OR height, with the eX(Deptien that any peFfien Of a fFGRt yaFd fenGe within the
3
4 (3) feet OR height. (Twe /71 side of thi6 tr'ver.le e)dend th'rt.. (30) feet along the
5 Yro J erty lines .. fre. the point ...he right a the .. '] of lines ♦ d the third 'd
6
7 .
8
9
10 6hall be prohibited, e)(Gept that the BeaFd Of ZGR;Rg Appeals Fnay allow the 61se
11
12 hazard may exist, ..h as a utility substatiGIR, sewage treatmeRt pl t , 9F Simila
13 use
14
15
16 A, E and CON zoning distr'..to Fenres and , .o lle Wth'r. ..e It el d' t' t h II be
17 .
18
19 F. (;GFn;,ers.,l or.dm �., d' -1 l rl'stfiGtts
20
21 1 Ir.d -4r'ol rY..t: otc (Pion _ Fe6ideRtial de. elopm ft C or v.galls d i I
22 di6tFiGt6 not subje6t to 6eGt49R 5.95.08 shall be limited to eight (8) feet in height.
23
24 P. %A.IhP.RRVRF R non.residential de eloPom et re ..t'9 to
Oppe6ite a
25
6 .
27
28
29 six (6) feet and Fnaximum of eight /4\ feet .e height e d shall h I t d
30 MiRiMUM of six (6) feet fFGM the ,'.,.`ide,ntial I.. ZG R°."t..'t..,�
31
32
33 I000l Street or the ro rnr r oertie a er. ' J rated h.. r o latted alley, the all and.10F
34 feo rho" he I000ted a of three (3) feet from the re f the Fight Of
35 .
36
37
38
39
40 adjaGent to the rear of the prgjeGt.
41
42 F At the pp" r.Po eat the f`o nt., nn. OF do ., d t th t
'rr 'ae � 'J
43 masenFy wall RRCI.40F fe..ve is not warranted, artiGul..rl Tt. the IMPRI t t r
44
45
46
47
48
49
0 M -;,,hst-PtFnn S 03.02(A)(8) of this Cede. The County MaRageF OF de6igRee shall revie
l
97
1909 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
re)d stri e+hrr._..h ._ __.. .. ++ v++ h + I +
Bold text indicates a defined term
1
admwn�strative varianG8 s approved, the approval and its basis shall be stated in the site
2 development plan appF_
3
4 G. Vegetative plant a ngs shall be IGGated external to-the-wall andiel: - -- - -
5
6 vegetative material. An it:Figatien systern shall be installed to enswe the Gentinued
7 viability-ef the vegetative SGree .
8
9 H. These regulations shall not be Gonstrued te Fequire a masonry wall and/OF fenGe fe
10
11
12 the provision-s A-f 5.05.08(B) of this Gede_
14 1. A wall and/er fenGe _
• building SpeGial GirGUrnstanGes the fizinr-
17
20 (Ord. No. 05 -27, § 3.EE; Ord. No. 08 -63, § 3.S)
21
22
23
24 5.03.02 Fences and Walls Excludinq Sound Walls
25
26 A. Fences or walls shall be permitted principal uses in all districts subject to the
27 restrictions set forth in this section unless specifically exempted; however, a fence or
28 wall shall not, in any way, constitute a use or structure which permits requires and /or
29 provides for any accessory uses and /or structures.
30
31 B. A fence or wall may be located on a lot line, but no fence or wall (including foundation)
32 shall protrude in full or part on adjacent property or right -of -way.
33
34 C. Residential and TTRVC zoninq districts and designated residential components of PUDs
35 shall be subject to the following maximum fence and wall heights:
36
37 a. Required front yard
38
39 i. lots greater than 1 acre: 6 feet
40
41 ii. non - waterfront interior lots 1 acre or less: 4 feet
42
43 iii. waterfront lots 1 acre or less: 4 feet
44
45 iv. corner lots 1 acre or less: fences closer than 10 feet to the longest lot
46 line frontage of a corner lot, 4 feet: when placed at 10 feet or greater
47 from the longest lot line frontage, than 6 feet.
48
49 b. Required side and /or rear yards)
50
51 i. lots greater than 1 acre: 6 feet
98
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
1
2
C
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(r,25
6
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
1
Text underlined is new text to be added.
Te..4 iriLo4hrn h' t text to be deleted.
V � Bold text indicates a defined term
ii. non - waterfront interior lots 1 acre or less: 6 feet
iii. waterfront lots 1 acre or less: 6 feet side yard(s); 4 feet in rear yards
iv. Public Utility Ancillary Systems: 8 feet
V. corner lots 1 acre or less' 4 feet (there is no rear yard on a corner lot
(see definition of corner lot ** forthcoming)
D. Commercial and Industrial zoning districts excluding the TTRVC zoning district;
Business Park zoning districts: and designated commercial industrial and business park
components of PUDs shall be subject to the following maximum fence and wall heights:
1. Fences or walls, , shall be limited to a maximum
heioht of 8 feet. With tip-11 to 4h. stA ;zt nori TTRVC (srxz Fi 02 02 u
2. The County Manager or designee may approve an ,administrative variance from
the height limitations of fences and walls in commercial and industrial zonina
the property is identified, and that such approval does not address a generic
corrected by an amendment to
E. Agricultural and Conservation zoning districts
1. Fences and walls within agricultural districts shall be exempt from height and type of
construction requirements.
F. Fence and wall design standards in all districts
1. Measurement of fence or wall height
a. Existing ground levels shall not be altered for the purpose of increasing
t_he_ height of a proposed fence or wall except as provided fnr Within
b. Determination of ground level. The height of a fence or wall lesated
outside ef the bu"Idiinq 'One shall be measured from the ground level at
the fence or wall location. The County Manager or designee shall
determine the ground level for the purposes of measuring the height
when it has been determined that the ground level has been altered for
the purposes of increasing the heiqht. In such determinations the
County Manager or designee may consider, but is not limited to the
following facts:
i. General ground elevation of the entire lot.
ii. In the case of a lot with varying ground elevations the average
elevation over the length of the fence or wall and at points in the
vicinity of the fence or wall.
- 99
L \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
2.
3. Fences and walls s
create a safetv haza
Text underlined is new text to be added
Bold text indicates a defined term
C. The ground elevation on both sides of the fence or wall. In measuring the
height, the ground elevation on the side of the fence or wall location that
is at the lowest elevation shall be used as a point from which the height is
to be measured.
6-
4.
be constructed and maintained in a
Safe Distance Sight Triangle
a. A safe distance sight triangle shall be maintained where any property
abuts the intersection of -2 rights -of -way (see subsection 6.06.05 C.).
The triangle is created from the point of intersection and extends parallel
to the abutting rights of way for a distance of 30 feet, connected by a line
to create the Su side . Any portion of a front yard fence or wall within this
triangle is restricted to a height of 3 feet. (See illustration 5 -1)
I I
� I
I I
CLEAR AREA FOR
SIGHT DISTANCE-
- - - - - -/ - - - - - --
'° PAVEMENT
----- - - - - -- ----- - - - - --
1
I
I I
I I
I I
LOCAL ROADWAY IN SUBDIVISION
.... _. __.....
5. Fences and walls shall be constructed to present a the finished side of the fence
or wall to the adjoining lot or any abutting right -of -way.
100
IA09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
6
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
I
Text underlined is new text to be added.
T-e)d stFikethreugh is eRt 4 )d to be 1 4 d
Bold text indicates a defined term
a. If a fence, wall, or continuous landscape hedge exists on the adjoining
parcel, this provision may be administratively waived by filing the
appropriate application apA for consideration by the County Manager or
designee.
a
facilities where a security hazard may exist, such as a utility substation
sewage treatment plant, or similar use.
G. Supplemental Standards
2.
Fences on sites with structures which are subject to section 5.05 08
Architectural & Site Design Standards must comply with the following additional
standards:
a. Chain link (including `wire mesh! and wood fences are prohibited forward
of the primary facade and shall be a minimum of 100 feet from a public
right -of -way. If these types of fences face a public or private street then
they shall be screened with an irrigated hedge planted directly in front of
the fence on the street side. Plant material shall be a minimum of 3
gallons in size and planted no more than 3 feet on center at time of
installation. This plant material must be maintained at no less than three -
guarters of the height of the adiacent fence (See Illustration 5 n3 -nq'
b. Fences forward of the primary facade, excluding chain link wire mesh
and wood are permitted under the following conditions:
i. Fences shall not exceed 4 feet in height.
ii. The fence provides either an open view at a minimum of 25
percent of its length or provides variation in its height for a
minimum of 15 percent of its. length with a deviation of at least 12
inches.
iii. The fence style must complement building style through material
color and design.
a• 14 located adjacent to an
arterial or collector road the fence shall be
placed no closer than three (3) feet to the edge of the right -of -way or
Property line.
b. The fence shall be screened by an irrigated living plant hedge at least
thirty (30) inches in height at planting and spaced a distance apart that
101
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 1PKT4 (031810).doc
1
2
3
4- -
6
7
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
H.
Text underlined is new text to be added.
Te)d St_,_G kethFeugh is nt text to eleted
Bold text indicates a defined term
will achieve opacity of 80 percent sight- obscuring screen within one (1)
ear of plantin
3. Barbed wire is only authorized within agricultural, commercial, industrial districts
and on fences surrounding public utility ancillary systems in all districts
Razor or concertina wire is not permitted except in the case of an institution
whose purpose is to incarcerate individuals i.e. a fail or penitentiary, or by
application and decision by the County Manager or designee.
Wall requirement between residential and nonresidential development
Whenever a nonresidential development lies contiguous to or opposite a residentially
zoned district, a masonry wall, concrete or pre- fabricated concrete wall and /or fence
shall be constructed on the nonresidential property consistent with the following
standards.
1. Height and Location.
a. If located on a contiguous property, then height shall be 6 feet to 8 feet
and placement shall be no less than 6 feet from the residentially zoned
district.
b. If located on a property opposite a residentially zoned district but fronting
on a local street or roadway, or the properties are separated by a platted
alley, then height shall be 4 feet and placement shall be a minimum of 3
feet from the rear of the right -of -way landscape buffer line.
C. If a property fronts on more than 1 street, then height shall be 6 feet and
placement shall be required along the street which is opposite the
primary ingress and egress point of the protect along the street frontage
which is adjacent to the rear of the project.
d. These regulations shall not be construed to require a masonry wall and /or
fence for properties used as golf courses or preserve areas and non-
residential development fronting on an arterial or collector roadway
where the opposite side of such roadway is zoned residential or to be
otherwise inconsistent with the provisions of section 5.05.08(B) of this
Code.
2. Landscaping requirements.
a. When the placement is within the required landscape buffers then the
required vegetative plantings and irriqation for the buffer shall be located
on the external side such that 50 percent of the wall and /or fence is
screened within 1 year of the installation of the vegetative material.
b. When the placement is outside of a required landscape buffer, then the
wall and /or fence shall be screened with an abutting continuous
102
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
Bold text indicates a defined term
1 irrigated hedge on the external side such that 50 percent of the wall
2
and /or fence is screened within 1 year of the installation of the vegetative
3
material.
4
5
3. Timing of installation.
6
7
a_ . The wall and /or fence shall be constructed following site plan approval
8
but prior to the occurrence of any vertical construction or other site
9
improvements. At the County Manager or designee's discretion if site
10
conditions warrant, the wall may be constructed in phases and /or after
11
vertical construction or site improvements commence depending upon
12
the location of affected residential areas.
13
14
4. Deviation from wall requirement.
15
16
a. At the applicant's request the County Manager or designee may
17
determine that a masonry wall and /or fence is not warranted particularly
18
where the local street lies contiguous to the rear of a residence or some
19
other physical separation exists between the residential development and
20
the nonresidential development or for other good cause including the
21
existence of a wall on an adjacent residential development The
22
applicant shall demonstrate that the intent of this section can be
23
effectively accomplished, without constructing a wall by submitting for
24
approval of an alternative design and a descriptive narrative through the
?5
administrative variance process set forth in subsection IM of
6
_NJIRFIA
,
this Code. The County Manager or designee shall review the submitted
2 7
documents for consistency with the intent of this section and if the
28
administrative variance is approved, the approval and its basis shall be
29
noted on the site development plan and the administrative variance
30
approval letter.
31
32 I. Special fences and walls
33
34 1. Sound Walls
35
36 a. Sound walls erected by, or' at the direction of any government entity for
37 purposes of attenuating sound from an interstate collector or arterial
38 roadways shall be exempt from height restrictions.
39
40 2. Public utility ancillary facilities.
41
42 a. See subsection 5.05.12.
43
c
103
L \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added to be deleted.
e`h Bold text indicates 'a defined term
26 -- This page intentionally left blank --
27
104
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet\mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
Bold text indicates a defined term
1 LDC Amendment Request
( 2
3 ORIGIN: CDES
4 -- -
5 AUTHOR: Catherine Fabacher, AICP
6
7 DEPARTMENT: Zoning & Land Development Review
8
9 AMENDMENT CYCLE: 2009 Cycle 1
10
11 LDC PAGE: LDC5:21 -24
12
13 LDC SECTION(S): 5.04.05 Temporary Events
14
15 CHANGE: Rewrite beginning of section for clarification and to conform to the new provisions
16 inserted from section 5.06.00.
17
18 REASON: The sign code was revised as a result of provisions found to be in violation of the
19 First Amendment by federal circuit court. Provisions for temporary signs have been removed
20 from the sign code and relocated in section 5.04.06 Temporary Signs. When the new provisions
21 were inserted during the sign code revision, the rest of section became disjointed and confusing;
22 therefore, the section has been reorganized.
?3
4 FISCAL & OPERATIONAL IMPACTS: None.
25
26 RELATED CODES OR REGULATIONS: 5.06.00 SIGN REGULATIONS AND
27 STANDARDS BY LAND USE CLARIFICATION.
28
29 GROWTH MANAGEMENT PLAN IMPACT: None.
30
31 OTHER NOTESNERSION DATE: Created on June 26, 2009. Revised August 23, 2009.
32 Revised March 15, 2010.
33
34
35 Amend the LDC as follows:
36
37 CHAPTER 5 SUPPLEMENTAL STANDARDS
38
39 5.04.00 Temporary Uses and Structures
40
41 5.04.01 Generally (To Be °rev ded) Temporary Use Permits
42 5.04.02 Interim Agricultural Uses
43 5.04.03 Temporary Uses During Construction
44 5.04.04 Model Homes and Model Sales Centers
45 5.04.05 Temporary Events
6 5.04.06 Temporary Signs
47 5.04.07 Annual Beach Event Permits
105
A09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
1
2
3
-4
5
6
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
Text underlined is new text to be added.
Text strikethro h 'c GUFF8Rt t .h to be deleted
Bold text indicates a defined term
5.04.08 [Reservedl
5.04.00 TEMPORARY USES AND STRUCTURES
5.04.01 Temporary Use Permits.
A. Purpose and intent. Based upon the nature of some uses, their impact on adiacent
uses, their compatibility with surrounding properties, and the length of time a use is
intended to function, there is an identified need to allow certain temporary uses within a
development site, and to provide for other types of temporary uses such as special
events, sales and promotions. It is the intent of this section to classify temporary uses
and to provide for their permitting. [Relocated, was 10.02.06 G.1, see page 17 of this
document]
neral. I ne uounty Manager or TltToeslgnee, m
uests that demonstrate _compliance _ with the int(
rmit for
the Code. Approvals for such requests shall be based upon, but not limited to the
applicant's description of the temporary use, the intended duration of the use, hours of
operation and the impacts of the proposed temporary use on adiacent properties. All
[Partially relocated, was 10.02.06 G.2 (remainder is 10.02.06 G.4.), see page 17 of
this document]
5.04.02 Interim Agricultural Uses
5.04.03 Temporary Uses During Construction
* * * * * * * * * * * * *
5.04.04 Model Homes and Model Sales Centers
* * * * * * * * * * * * *
5.04.05 Temporary Events
A. . Special Events.
1. Sales and Promotional Events.
a. IR the Gale of A temporary use permit is required for temporary sales
and /or promotional events on non - residential property, such as grand
openings, going out of business sales, special promotional sales,
sidewalk sales, overstock sales, tent sales, or other similar uses
(eXGlusive of garage sales, laWR sales, and similar ate -ho cafes
for
sales and promotional events related to the principal activities in
operation at the subject property, unless otherwise provided for in this
section. of up te fourteen (14) days duration, SUGh-that dwFinel anv
i11
L \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
Bold text indicates a defined term
1
2
peimits may be permitted fei: up t i. additional feLAF (4) weeks v.fhein.
3
4
5
to the request. SuGh stipulations el: GonstFaints deemed ReGessary by the
6
BGG shall be noted as GanditieRS to the issuaRGe of said permits, and the
7
8
9
10
b. A temporary use permit for sales or promotional events shall meet the
11
procedural requirements of Section 10.02.06 G.
12
13
2-- -C. being permitted
14
15
square feet, er twe (2) SUGh signs for proper-tieS GE)Rta'Ring mere than e
16
(1) street frontage. in addition to the allowable signs, Me.rdhanrdi-se-,
17
en the sites;;
18
temporary StFUGtUres and equipment, Fnel`Ghandise, OF PlaGerneRt and
19
parking ef vehiGleS OR GenjURGtiGR with the temperar-y sale, shall nonform
20
to the minimum vary: req firements of the d.kGtFiGt in which it is ler ter: f
yard vvcrccc�-rr
21
22
shall be deemed a voelation Gf this LDG and shall be s6ibjeGt tO the
23
penalties herein I.
24
In support of the proposed temporary sale or event temporary signs
25
merchandise, Structures, and `equipment may be placed subject t0
o
approval of a_site plan depicting same.
'7
28
i. Temporary signage shall be subject to the restrictions set forth in
29
section 5.04.06.
30
31
ii. All temporary structures and equipment merchandise, or
32
placement and parking of vehicles in conjunction with the
33
temporary sale, shall conform to the minimum yard requirements
34
of the zoning district in which it is located.
35
36
iii. A building permit may be required for the erection of temporary
37
structures.
38
39
3 d. Temporary- sales use permits for sales may be issued to the owner(s) of
40
a commercial establishment, or to the tenant(s) operating within a
41
commercial establishment with the approval of the property owner or
42
property manager, provided said tenant provides documentation of a
43
current annual lease with the property owner. Uses permitted by an
44
approved temporary sales permit shall be operated by the property owner
45
or tenant(s), except as provided for in sections 5.04.05(A)( 5.04.05
46
A.1.g. and 5.04.05(A)( 5.04.05 A.1.h. below.
47
48
4.-e. Temporary ales use permits for sales shall be restricted to those zoning
49
districts in which the sale of the items would normally be permitted.
Further, the sales activity permitted by the temporary use permit shall be
,1 related to the principal commercial activities in operation on the subject
- 107
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
47 [Re- located; 5.04.05 C (page 7), 5.04.06 A.3.f (page 8), and 5.04.06 B.1.d (page 8)]
Q_ GaFa .e sales• In the I , awn sales, and ether 1;'
4 8 0 o�g��ar� --ITI �,,e— case —ef garage E m
49
50
51 the Ge Inty �Aa Raaer ar rte inne rr nne
ci�v— .vvaiicv o o � E� -KiiiV I I1fL (11 tWA (M Zfi'i \/ Hermit i
108
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
Te)d h is ent tevi Vn
str'Lethro,
be deleted.
Bold text indicates a defined term
1
property, except as provided for in subsections 5.04.05
2
A.1.g, and 5.04.05(A)(5) 5.04.05 A.1 h. below. T-he— issuaRGe of a
3
temperary use permit shall Rot be issued fGF URdeve!Gped preperties.
5
f. Special event temporary use permits shall not be issued for undeveloped
6 _
properties, with exception to pre- construction ground breaking events
7
with a valid development order. [old /struck portion of 5.04.05 A.4. with
8
added provision for ground breaking ceremonies which would otherwise
9
be prohibited (above)]
10
11
5. —g The County Manager or designee may issue temporary use permits for
12
satellite locations subject to the applicable restrictions set forth in this
13
section, provided the applicant currently operates a business from a
14
permanent, approved commercial location within the County. Additionally,
15
the purpose of the temporary sale shall be the same as the principal
16
purpose of the existing commercial business of the applicant.
17
18
6. h. The County Manger or designee may, in determining a specific benefit to
19
the public, grant a temporary use permit to facilitate the sale of an item or
20
items not generally available within a specific planning community,
21
subject to the applicable restrictions set forth in this section.
22
23
24
The appliGant shall demenstFate that pFevisien will be made te adequately
25
address eaGh of the following: [Relocated to 10.02.06 G.4 (see page 18)]
26
27
n Vehin, llar and pedestrian traffin rneasuFes.
28
29
b. Additional paFkiRg requirements. A maximum of teR (10) peFGent of the
30
31
32
33
34
fer- usage.
35
36
G. Limited nntiyit„ hours.
37
38
d. Watnhmen fenrinn and lighting
39
40
e. Pre nrotontinn meal ,rec
41
42
43
44
45
.
46
47 [Re- located; 5.04.05 C (page 7), 5.04.06 A.3.f (page 8), and 5.04.06 B.1.d (page 8)]
Q_ GaFa .e sales• In the I , awn sales, and ether 1;'
4 8 0 o�g��ar� --ITI �,,e— case —ef garage E m
49
50
51 the Ge Inty �Aa Raaer ar rte inne rr nne
ci�v— .vvaiicv o o � E� -KiiiV I I1fL (11 tWA (M Zfi'i \/ Hermit i
108
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added
r kethrn .,h i t t .+ 4 L. .J I t J
Bold text indicates a defined term
8 2. Sports - even #st religious eats, and community events.
9 [Relocated w/ modification, was old 10.02.06 G.4. (see page 22 of this document)]
10
11 a. in the sase--of -A temporary use permit is required for sports -veers,
12 religious events, community-evepAs, or other similar events sponsored by
13 profit, nonprofit, charitable, civil, or membership organizations, on lands
14 not specifically developed and approved for such activities on a regular
15 basis. the The County Manager or his designee may grant a
16 nonrenewable temporary use permits of up to 2 %s 14 days duration;
17 for such events. SUGh that dUFiRg any 6alendar year the surn total of all
18 permits fGF SUGh events dees not eXGeed 28 days. TempeFary permits
19 may be allowed fGF an additional peried of up te 4 weeks when appFeved
20
21
22
23 neGessar-y by the Board ef Geunty GammissioneFs shall be noted as
24 Genditions to the issuaRGe of said permits; and the permittee qhail
-11-11 be
( 25
l 6
z7 b. Temporary use permits of this type may, in support of the use being
28 permitted, include the placement of temporary signs, merchandise,
29 structures and equipment, and a mobile home as an office, but not for
,30 residency. if the temperary use is not diSGentinued UPGR expiFation of the
31 peFmit, '
32 shell be s Ihien+ +e the penalties therein
33
34 i. Temporary signage shall be subject to the restrictions set forth in
35 section 5.04.06.
36
37 ii. A building permit may be required for the placement and /or
38 erection of temporary structures.
39
40 C. Temporary use permits in this category shall be restricted to those zoning
41 districts in which the use would normally be permitted, unless otherwise
42 approved by the Board of County Commissioners via a public petition
43 request.
44
45 d. The County Manager or his designee shall accept without fee, temporary
46 use permit applications for sports events, religious events, community
4 7 events, or other similar events, upon presentation of documentation that
48 the sponsor of the event is a bona fide nonprofit organization and the
49 event is intended to benefit the community at large; or a specific group of
individuals., eF the bona fide nGRPFGfit erganiza . Two such events per
calendar year per organization are eligible for this ptkm- ermit.
109
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
1 SUGh events during eaGh six (6) § MORth pelcied. SLIGh And-rie thin
permit may
larnited to a maximum - (2) 2 signs, Ro gFeateF - feet
- be plaGed
• violation Gf this LIDG and shall be
8 2. Sports - even #st religious eats, and community events.
9 [Relocated w/ modification, was old 10.02.06 G.4. (see page 22 of this document)]
10
11 a. in the sase--of -A temporary use permit is required for sports -veers,
12 religious events, community-evepAs, or other similar events sponsored by
13 profit, nonprofit, charitable, civil, or membership organizations, on lands
14 not specifically developed and approved for such activities on a regular
15 basis. the The County Manager or his designee may grant a
16 nonrenewable temporary use permits of up to 2 %s 14 days duration;
17 for such events. SUGh that dUFiRg any 6alendar year the surn total of all
18 permits fGF SUGh events dees not eXGeed 28 days. TempeFary permits
19 may be allowed fGF an additional peried of up te 4 weeks when appFeved
20
21
22
23 neGessar-y by the Board ef Geunty GammissioneFs shall be noted as
24 Genditions to the issuaRGe of said permits; and the permittee qhail
-11-11 be
( 25
l 6
z7 b. Temporary use permits of this type may, in support of the use being
28 permitted, include the placement of temporary signs, merchandise,
29 structures and equipment, and a mobile home as an office, but not for
,30 residency. if the temperary use is not diSGentinued UPGR expiFation of the
31 peFmit, '
32 shell be s Ihien+ +e the penalties therein
33
34 i. Temporary signage shall be subject to the restrictions set forth in
35 section 5.04.06.
36
37 ii. A building permit may be required for the placement and /or
38 erection of temporary structures.
39
40 C. Temporary use permits in this category shall be restricted to those zoning
41 districts in which the use would normally be permitted, unless otherwise
42 approved by the Board of County Commissioners via a public petition
43 request.
44
45 d. The County Manager or his designee shall accept without fee, temporary
46 use permit applications for sports events, religious events, community
4 7 events, or other similar events, upon presentation of documentation that
48 the sponsor of the event is a bona fide nonprofit organization and the
49 event is intended to benefit the community at large; or a specific group of
individuals., eF the bona fide nGRPFGfit erganiza . Two such events per
calendar year per organization are eligible for this ptkm- ermit.
109
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
1
2
3
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
Text underlined is new text to be added.
4kethrough is GUrFeRt te)d to be deleted,
Bold text indicates a defined term
3. Special Event time limits.
[Re- formatted, from 5.04.05 A.1 (above)]
a. The County Manager or designee may grant nonrenewable temporary
use permits of up to fourteen (14 14 days duration, such that during any
calendar year the sum total duration of all permits for such events for that
location does not exceed } I °;n. t (28) 28 days.
b. For multiple occupancy parcels with 10 or more tenants the total duration
of all such permits shall not exceed 42 days per calendar year.
C. Temporary use permits for special events may be extended up to an
additional 4 weeks when approved by the Board of County
Commissioners. Such approval may be subject to stipulations and
additional constraints which shall be noted as conditions of the permit
and the permittee will be required to sign a notarized agreement to abide
by such conditions.
B. Temporary seasonal sales. A nonrenewable five (5) 5 -week temporary use permit may
be issued for seasonal and holiday - related temporary sales subject to the following
restrictions.
1. Temporary use permits for seasonal sales may be issued only for the following
seasonal /holiday related items:
a. Christmas trees. 0
b. Fireworks (subject to the issuance of an approved permit by the
jurisdictional fire district).
C. Pumpkins.
2. Temporary use permits for seasonal sales may be issued on improved or
unimproved properties, previded the applicant submits a --.CSP which
demenstFates that PFE)V'SiORS will be made to adequately address eaGh of the
foltewing:
[Struck portions of subsection mostly relocated to 10.02.06 G.4 (Page 18)]
110
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
- - -
-
_ ..... -
3. CrOMOMMY30%
NIZI
110
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
fikethrough is-E "�
Bold text indicates a defined term
1
2 e. Ciro nreten +inn Pneas urec
3
4 f. Sanitary faGiRies.
5
6 3. The applicant shall provide a notarized letter from the property owner or
7 property manager granting permission to utilize the subject property for the
8 temporary seasonal sales.
9
10 4. Temporary use permits for seasonal and /or holiday sales may, in support of the
11 use being permitted, include the placement of one (1) sign, a maximum of thirty
12 (32) square feet, or two (2) SUGh SigRE; fel: prepertieS Gentaining me-re than P-Ine
13 (1) street frontage In addition to the pluce��.t-ef -signs merchandise, temporary
14 structures, and equipment v may be plaGed an the .
15
16 i. Temporary signage is subject to the restrictions set forth in subsection
17 5.04.06 A & B.
18
19 ii. A building permit may be required for the erection of temporary
20 structures.
21
22 5, If the temnnrnry use is not divvvRtinued hoop expiration of the permit it shall be
23 deerned a vielatiOR of this Code and shall be suibjerct tn- the penalties heFean.
24
25 M portion of 5.04.05 A.B. (see page 4 of this document)1
6 C. Garage sales: In the case of garage sales lawn sales and other similar temporary sales
7 to be held at private homes, churches and other places of worship community centers
28 or other nonprofit residentially zoned institutions the County Manager or designee may
29 issue one 2 -day permit for such events during each 6 month period.
30
31
32 5.04.06 Temporary Signs. [Ord. 09 -55, page 6 of 12]
33
34 A Resew [Ord. 09 -55, page 6 of 12]
35
36 A. A temporary use permit is required for the placement of any temporary ground sign
37 snipe sign or banner that is not otherwise lawfully permitted Temporary signs shall be
38 allowed subiect to the restrictions imposed by this section.
39
40 1. The County Manager or designee may issue temporary sign permits classified
41 by use, as necessary to adequately address each of the temporary signs
42 described within this section. For each permit type the nonrefundable fee shall
43 be as established in the fee schedule for the services performed by the
44 Community Development and Environmental Services Division.
45
46 2. Temporary signs and banners shall not be erected prior to obtaining the
47 appropriate temporary use permit, and shall be removed on or before the
48 expiration date of the temporary use permit authorizing said sign.
49
3. Standards applicable to all temporary signs.
111
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
1
3
4
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 _ B.
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
Text underlined is new text to be added.
TPA strkethre h' t text to be a i a a
Bold text indicates a defined term
a. Temporary signs and banners permitted by a- uthorAv ofi this section shall
not obstruct or impair the safe visi
ress
b. The occupant of a lot, parcel, multi- tenant parcel or mixed use building
may display 1 on -site temporary sign; a second such sign may be
displayed on a property having a second street frontage.
C. Abserat.specfic saradards %76— contlraryv' temporary signs shall be
located onsite and no closer than 10 feet to any property line.
d. Temporary signs and banners used on nonresidential or mixed use
properties shall not exceed 32 square feet in sign area or 8 feet in height
e. Temporary signs used on residentially zoned properties shall not exceed
4 square feet in area or 3 feet in height.
Temporary Sign Permit Types and Standards. [Ord. 09 -55, page 6 of 12]
1. Temporary Events. A temporary use permit for a temporary event, issued per
section 5.04.05., shall allow for the placement of temporary signage as classified
and regulated herein. [Ord. 09 -55, page 6 of 12]
a. A "sign only" temporary use permit may be issued for temporary ground
signs and banners used to promote a sale, event, or activity not requiring
a temporary event temporary use permit per section 5.04.05 of this Code.
Such uses include, however are not limited to, study or course offerings,
vacation camp, non - public indoor events, and sales events occurring
within the confines of an established business. [Ord. 09 -55, page 6 of 12]
i. "Sign only' temporary use permits will be allowed, regulated, and
enforced as special event signs. [Ord. 09 -55, page 6 of 12]
ii. Time limits for `sign only' temporary use permits shall be the same
as those for special events, see subsection 5.04.05 A.3.
[Ord. 09 -55, page 6 of 12]
b. Special event signs. [Ord. 09 -55, page 6 of 12]
Special event signs shall be erected not more than 15 calendar
days prior to the supporting event and shall be removed within 7
calendar days after the event has taken place.
[Ord. 09 -55, page 6 of 12]
C. Seasonal sales signs.
[authorized by 5.04.05 B.4., (see page 7 of this document)]
112
L \09 Amend the LDC\2009 -Cycle 1 \LDC Packet\mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
Bold text indicates a defined term
1 [A portion of 5.04.05 A.B. (see pane 4 of this document)l
2 d. Garage sales siqns. Two temporary signs may be placed on the property
3 where the sale is being conducted.
4
5 2. Grand Opening signs. A one -time 14 -day nonrenewable grand opening sign
6 only temporary use permit may be issued upon the opening of a new business,
7 or the approved relocation of an existing business. [Ord. 09 -55, page 6 of 12]
8
9 a A current valid Collier County Business Tax Receipt or an approved Land
10 Use and Zoning Certificate (Non - Residential) may serve as evidence of
11 the new business, or location, opening. [Ord. 09 -55, page 6 of 12]
12
13 b. A separate permit is not required for a grand opening sign if being placed
14 in conjunction with a special event temporary use permit issued per
15 subsection 5.04.05 A.1. [Ord. 09 -55, page 6 of 121
16
17 C. A grand opening sign- temporary use permit may only be obtained within
18 the first 3 months of establishing a new business or location.
19 [Ord. 09 -55, page 7 of 12]
20
21 d. A grand opening sign is limited to an anchored banner.
22 [Ord. 09 -55, page 7 of 121
23
24 e. A "sign only' temporary use permit for a grand opening sign shall be
25 exempt from the annual time limitations identified in subsections 5.04.05
6 A.3-a. and 5.04.06 C.1.a.ii. [Ord. 09 -55, page 7 of 12]
27
28 3. "Coming Soon Signs." A onetime non - renewable temporary use permit may be
29 granted, for a coming soon sign located within a non - residential zoning district,
30 subject to the following: [Ord. 09 -55, page 7 of 12]
31
32 a. As applied in this section, a coming soon sign is defined as a ground
33 sign used to inform the public of the intended opening of a new business.
34 [Ord. 09 -55, page 7 of 12]
35
36 b. A temporary use permit for a sign shall not be issued until the applicant
37 has applied for a building permit for the principal structure.
38 [Ord. 09 -55, page 7 of 121
39
40 C. The temporary use permit number shall be placed at the base of the sign
41 not less than'/ inch from the bottom. [Ord. 09 -55, page 7 of 12]
42
43 d. The sign shall not be displayed for a period more than 6 months from the
44 issuance of the temporary use permit or until the issuance of a permit for
45 the permanent sign, whichever occurs first. The nonrefundable fee for
46 this temporary use permit shall be as set forth in the fee schedule for the
47 services performed by the Community Development and Environmental
48 Services Division. [Ord. 09 -55, page 7 of 121
49
0 4. Temporary business identification signs. A temporary use permit allowing for the
51 temporary placement of a sign solely for the purpose of displaying a business
113
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
Te,4
Bold text indicates a defined term
name for an existing business undergoing a permitted renovation remodel or
repair that would require the temporary removal of an existing legally conforming
si n.
a. As applied in this section, the sign must be constructed of wood plastic
or other similar material, may not be a banner sign and is limited to 16
square feet.
b. If placed in a shopping center or multiple occupancy building the
temporary sign for each business must be of similar color, lettering and
style.
C. The sign may be affixed to the building or free - standing in front of the
building so long as the sign does not obstruct or interfere with pedestrian
or vehicular traffic, parking or fire lanes, or access to adjacent units.
d. The sign may remain in place for no longer than 120 days until
construction has been completed, r a permanent sign is installed,
whichever occurs first.
(This subsection was changed and relocated from 5.06.04 F.9.11b. (page 15 of this
document)l
5. Temporary sign covers. A non - renewable temporary use permit is required to
erect a temporary sign cover over an existing sign unless otherwise provided
herein. Temporary signs shall be allowed subject to the restrictions imposed by
this section.
a. A sign cover made from white vinyl or canvas may be authorized for an
existing ground or pole sign for 120 days, or when the permanent sign is
installed whichever occurs first, after which time the cover shall be
removed, regardless of whether or not the sign face has been replaced.
6. Election and Referendum signs. Signs for elections and referendums shall be
permitted subject to the following requirements: [Ord. 09 -55, page 7 of 12]
a. A bulk temporary permit shall be obtained prior to the erection,
installation, placement, or display of signage before elections and
referendums. The fee for the bulk permit shall be as set forth in the fee
schedule for the services performed by the Community Development and
Environmental Services Division. [Ord. 09 -55, page 7 of 12]
b. The bulk permit number shall appear on every sign or on the pole
supporting the sign. [Ord. 09 -55, page 7 of 121
All signs for which the permit is issued shall be removed within 7 days
after the event. Each sign not removed within the required time shall
constitute a separate violation of this Code. The permittee will be subject
to issuance of a citation for each violation from the Collier County Code
Enforcement Board. [Ord. 09 -55, page '7 of 121
114
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet\mar 24 CCPC pkt \CCPCmar24 PKT4 (031810)Aoc
Text underlined is new text to be added.
e{F Bold text indicates a defined term
1 d. Signs erected within residentially zoned or used property shall not
2 exceed 4 square feet in area and 3 feet in height, and shall be located
3 on -site and no closer than 5 feet to any property line.
4 [Ord. 09 -55, page 8 of 12]
5
6 e. In all other zoning districts; such signs shall not exceed a maximum sign
7 area of 32 square feet per sign and 8 feet in height, except when affixed
8 to the surface of a building wall, and shall be located no closer than 10
9 feet to any property line. The quantity of such signs shall be limited to 1
10 sign for each lot or parcel per bulk permit issued.
11 [Ord. 09 -55, page 8 of 12]
12
13
19 be requiFed fnF eanh installed 6igR- . [Ord. 09 -55, page 8 of 12]
15
16 I1. All eFts shall he ___^rely _ vofrw�f A And .,..,.tPd_. to
17 - _ shall built,
18 [Ord. 09 -55, page 8 of 121
19
20 III. The Maximum height of aRy GigR oF este..rr rhall be limited f G
21 feet e^ e f for c' Rs affixed te the surfaGee of a building all
22 [Ord. 09 -55, page 8 of 12]
23
24
_-25 5.04.07 Annual Beach Events Permits [Ord. 09 -55, page 8 of 12]
6
27 A.. The owner of beach -front commercial hotel -resort property shall apply for an annual
28 beach events permit. The County Manager or his designee, or his designee, may grant
29 the permit following review of an application for such permit. The application shall be
30 submitted on the form prescribed by Collier County together with the applicable fee for
31 the number of planned annual beach events as indicated on the permit form and
32 exhibits thereto. Permits issued pursuant to this section are not intended to authorize
33 any violation of F.S. § 370.12, or any of the provisions of the Endangered Species Act of
34 1973, as it may be amended.
35
36 B. For purposes of this section, a "beach event' shall mean and refer to any social,
37 recreational or entertainment event (whether public or private), conducted on the beach
38 and satisfying one or more of the following criteria:
39
40 1. The event involves the use of dining /picnic tables and chairs, serving tables, or
41 other ancillary equipment typically used to serve an on -site meal, or
42
43 2. The event involves the use of staging equipment, amplified music, or the use of
44 other types of electrical equipment for purposes of enhanced light and /or sound;
45 or
46
47 3. The event:
48
19 (a) Is attended by 25 or more people and is organized by or with the help of
0 the commercial property owner; and
51
115
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt\CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
Text strike }tiro. gh ig GUrreny.te)d to h_ o,_be dp pT I 4ed_
Bold text indicates a defined term
1 (b) Is of a nature not commonly associated with the day -to -day use of the
2 beach by the general public.
3
` 4 `C. Notice of scheduled events:
5
6 1. On or before the 25th day of each calendar month, the holder of such permit
7 shall cause Collier County to be furnished with written notice of all beach events
8 scheduled for the following month, in the form and content made a part of the
9 annual beach events permit application. The notice shall indicate the date, time
10 and duration of each event.
11
12 2. If a beach event is scheduled after the monthly notification has been furnished to
13 Collier County, the property owner shall furnish the county with a separate
14 written notice at least 48 -hours prior to such event.
15
16 3. All notices or documents furnished to Collier County pursuant to the permit or
17 these regulations shall be sent to Collier County Planning Services Department
18 and for events that occur during sea turtle nesting season, to the Collier County
19 Natural Resource Department as well.
20
21 D. Event cancellations and postponements:
22
23 1. If a scheduled beach event is canceled or postponed, the property owner shall
24 furnish Collier County with written notification of such cancellation or
25 postponement. It is understood that weather conditions may cause last minute
26 cancellations, however the property owner shall make every effort to notify the
27 county staff a minimum of four hours prior to the scheduled event time. If such
28 event is rescheduled, notice of the date and time of the rescheduled event shall
29 be provided.
30
31 2. If a beach event is canceled or postponed, and no other beach events are
32 scheduled for the date of the canceled /postponed event, and Collier County has
33 been notified of such cancellation or postponement, then the canceled or
34 postponed event shall not count towards the maximum number of beach events
35 authorized by the permit.
36
37 E. Sea turtle nesting season. Annual beach events which occur during sea turtle nesting
38 season (May 1st through October 31st of each year) are also subject to the following
39 regulations:
40
41 1. All required Florida Department of Environmental Protection (FDEP) field
42 permits, shall be obtained and a copy furnished to Collier County prior to the time
43 of the scheduled event as set forth in section 5.04.06kG) 5.04.07(C).
44
45 2. Consistent with section 10.02.06, and the Code of Laws of Collier County, no
46 structure set up, or beach raking or mechanical cleaning activity for any
47 particular beach event shall commence until after monitoring conducted by
48 personnel with prior experience and training in nest surveys procedures and
49 possessing a valid Fish and Wildlife Conservation Commission Marine Turtle
50 Permit has been completed.
51
116
L \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
rikethmuy nh is t i d to be deleted,
Bold text indicates a defined term
1 3. Prior to all scheduled beach events, every beach event permit holder is required
2 to rope off (or otherwise identify with a physical barrier) an area with no less than
3 a 15 -foot radius out from each sea turtle nest that has been identified and
4 marked on a beach, unless a greater-distance is required by an applicable state
5 permit.
6
7 4. Use of vehicles on the beach is prohibited, except as may be permitted under
8 Section 10.02.06 I.
9
10 5. Consistent with section 10.02.06, all materials placed on the beach for the
11 purpose of conducting permitted beach events: 1) must be removed from the
12 beach by no later than 9:30 p.m. of the date of the event; and 2) no structures
13 may be set, placed, or stored on, or within ten feet of any beach dune, except
14 that materials may remain in an identified staging area until 10:00 p.m. The
15 location and size of all staging areas will be as identified in the permit.
16
17 6. All lights that are visible from the beach and cast a shadow thereon shall be
18 turned off by no later than 9:00 p.m. of the date of the event.
19
20 7. Identification of sea turtle nests on the beach may cause the beach event to be
21 relocated from its planned location or to have additional reasonable limitations
22 placed on the event pursuant to the recommendation of Collier County staff in
23 order to protect the identified sea turtle nests in this permit; except that county
24 staff may relocate a staging area as provided for in section 6.-0 k-1 D4 07, as
25 part of its daily sea turtle monitoring.
6
\
27 8. Pole lighting, and any other object or structure designed to penetrate the beach
28 surface by more than three inches shall be subject to the approval of the FDEP
29 and Collier County.
30
31 9. A copy of all notices required by any permit or these regulations must also be
32 provided by the permit holder to the County Manager or designee.
33 Note: When a state permit is more restrictive than the Code requirements, the
34 State requirements shall supersede, and the county shall enforce these
35 requirements.
36
37 F. Penalties. Notwithstanding the penalties set forth elsewhere in this Code, the following
38 violations of this section are subject to the following penalties, except that the annual
39 beach events permit may not be suspended or revoked:
40
41 1. Violations which do not occur during sea turtle nesting season, i.e., occur outside
42 of sea turtle nesting season, are subject to up to a $500.00 fine per violation.
43
44 2. Violations which occur during sea turtle nesting season and are:
45
46 a. Any activity that may cause immediate harm to sea turtles or their nesting
47 activities; which include, but are not limited to the following: 1) setting up
48 a beach event prior to daily sea turtle monitoring; 2) failing to remove
49 beach event materials from the beach by 9:30 p.m.; 3) failing to have
lights, so required, turned out by 9:00 p.m.; or 4) not placing additional
��- J 1 barriers around nests as required by section 5.04.06; are subject to the
117
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
Bold text indicates a defined term
1 3. Prior to all scheduled beach events, every beach event permit holder is required
2 to rope off (or otherwise identify with a physical barrier) an area with no less than
3 a 15 -foot radius out from each sea turtle nest that has been identified and
4 marked on a beach, unless a greater distance is required by an applicable state
5 permit.
6
7 4. Use of vehicles on the beach is prohibited, except as may be permitted under
8 Section 10.02.06 I.
9
10 5. Consistent with section 10.02.06, all materials placed on the beach for the
11 purpose of conducting permitted beach events: 1) must be removed from the
12 beach by no later than 9:30 p.m. of the date of the event; and 2) no structures
13 may be set, placed, or stored on, or within ten feet of any beach dune, except
14 that materials may remain in an identified staging area until 10:00 p.m. The
15 location and size of all staging areas will be as identified in the permit.
16
17 6. All lights that are visible from the beach and cast a shadow thereon shall be
18 turned off by no later than 9:00 p.m. of the date of the event.
19
20 7. Identification of sea turtle nests on the beach may cause the beach event to be
21 relocated from its planned location or to have additional reasonable limitations
22 placed on the event pursuant to the recommendation of Collier County staff in
23 order to protect the identified sea turtle nests in this permit; except that county
24 staff may relocate a staging area as provided for in section 584.06 5`04.07, as
25 part of its daily sea turtle monitoring.
?6
27 8. Pole lighting, and any other object or structure designed to penetrate the beach
28 surface by more than three inches shall be subject to the approval of the FDEP
29 and Collier County.
30
31 9. A copy of all notices required by any permit or these regulations must also be
32 provided by the permit holder to the County Manager or designee.
33 Note: When a state permit is more restrictive than the Code requirements, the
34 State requirements shall supersede, and the county shall enforce these
35 requirements.
36
37 F. Penalties. Notwithstanding the penalties set forth elsewhere in this Code, the following
38 violations of this section are subject to the following penalties, except that the annual
39 beach events permit may not be suspended or revoked:
40
41 1. Violations which do not occur during sea turtle nesting season, i.e., occur outside
42 of sea turtle nesting season, are subject to up to a $500.00 fine per violation.
43
44 2. Violations which occur during sea turtle nesting season and are:
45
46 a. Any activity that may cause immediate harm to sea turtles or their nesting
47 activities; which include, but are not limited to the following: 1) setting up
48 a beach event prior to daily sea turtle monitoring; 2) failing to remove
49 beach event materials from the beach by 9:30 p.m., 3) failing to have
'0 lights, so required, turned out by 9:00 p.m.; or 4) not placing additional
J1 barriers around nests as required by section 5.04.06; are subject to the
117
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
Text underlined is new text to be added.
Text -tskethi:ough is currant t,)A to be dalated.
Bold text indicates a defined term
following penalties:
First violation_ $1,000.00 fine.
Second violation: $2,500.00 fine.
Third or more violation: $5,000.00 fine.
b. Any activity that would not cause immediate harm to sea turtles or their
nesting activities; which include, but are not limited to the following: 1)
failing to notify the county of a beach event; 2) failing to provide the
county with copies of Florida Department of Protection permits prior to
each beach event; or 3) having beach event materials or related
structures set, placed, stored on, or within ten feet of any beach dune;
are subject to up to a $500.00 fine.
(Ord. No. 05 -27, § 3.CC)
5.04.08 rReservedl
5.06.04 Development Standards for Signs in Nonresidential Districts.
[This subsection was struck, in its entirety, by Ord. 09 -43 (page 42 of 89), Elements
returned as new 5.05.06 B.6. by Ord. 09 -55 (page 7 of 12); now page 10 of this document]
line. The R Mbe. ..f 6 Gh GigR6 shall be I'M it8d 1.. e o 609RS fOF
118
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet\rnar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added
Bold text indicates a defined term
1
( 2 168ug
The maximum height of any PGlitiGal Gampaign SigR OF PGSt&�,
exG e pt the that may be affixed 1e a all hall be limited F 9
feet.
On- premise signs. On- premises pole signs, ground signs, projecting signs, wall
signs, and mansard signs shall be allowed in all nonresidential zoning districts subject
to the restrictions below:
[The following subsections were added by Ord. 09 -43, page 71 -74 of 89) and are
now being re- located to 5.04.06 (page 7 of this document)]
[See 5.04.06 A. (page 7 of this document)]
9. Tengpefiwy signs. A temporary use peFrnit is required to eFeGt
t f itn in sprtimn 10 02 Of G., unless ethenaise pfevided herein.
A YY .. temporary 1: nts for temporary sign o Fnits shall the f established f pay teFnPGFary sign peFmit. TemperaFy signs she" be allowed subjeGt te the
[the subsection appearing below was modified (time limits changed for
consistency and graphics references removed) and relocated to 5.04.06 13.5
(page 10 of this document)]
119
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Tent underlined is new text to be added.
etti Bold text indicates a defined term
1. A blaRk sign GeYeF Fnade fFGm all white matel: F al, shall be allowed
fGF 90 days, aft8F WhiGh time the rover shall be remGved,
perm t is not Fequired.
9. On- premises directional signs may be permitted within nonresidential zoning
districts intended to facilitate the movement of pedestrians and vehicles within
the site upon which such signs are posted. On- premises directional signs
shall not exceed 6 square feet in area and 4 feet in height. On- premises
directional signs shall be limited to 2 at each vehicle access point and a
maximum of 4 internal to the development. Internal signs are not intended to
be readily visible from the road. [Ord. 09 -55, page 10 of 12]
a. Directional signs located internal to the subdivision or development
shall maintain a minimum setback of 10 feet from the edge of the
roadway, paved surface or back of the curb, as applicable.
b. Directional signs may be combined into a single sign not to exceed 6
feet in height and 64 square feet in area. Such signs shall require a
building permit.
10. On- premise signs within agricultural districts. [Ord. 09 -55, page 10 of 12]
a. In the rural agricultural area designated on the future land use map of the
growth management plan. On- premises signs shall be permitted within
agriculturally zoned or used property, for agri - commercial uses defined
within the Collier County zoning ordinance only, and subject to the
following restrictions:
One pole or ground sign, located at the entrance or gate of each
street frontage. The maximum allowable sign area for each pole
or ground sign shall not exceed 100 square feet with a maximum
height of 20 feet, and shall be located a minimum of 15 feet from
any property line, public or private right -of -way or easement.
On- premises signs within agricultural zoning districts in the urban area
shall comply with the requirements of section 5.06.04 of the Land
Development Code.
120
1 : \09 Amend the LDC\2009 -Cycle i \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added
Bold text indicates a defined term
1
2 C. Wall, mansard canopy or awning signs within agricultural districts.
3 Wall, mansard, canopy or awning signs shall be permitted within
4 agriculturally zoned or used property, for agri - commercial uses defined
5 within the Collier County Land Development Code, and subject to the
6 following restrictions:
7
8 i. One wall or mansard, canopy or awning sign shall be permitted
9 for each principal use structure on the parcel. Corner parcels
10 or double- frontage parcels shall be allowed 1 sign per street
11 frontage, but such signs shall not be combined for the purpose
12 of placing the combined area on one wall. The maximum
13 allowable display area for any sign shall not be more than 20
14 percent of the total square footage of the wall to which it is affixed,
15 and shall not in any case exceed 250 square feet in area per sign.
16
17 11. Illuminated signs. All illuminated signs shall have electrical components,
18 connections, and installations that conform to the National Electrical Code, and
19 all other applicable federal, state, and local codes and regulations. Further,
20 lighted signs shall be shielded in such a manner as to produce no glare, hazard
21 or nuisance to motorists or occupants of adjacent properties; nor be reflective or
22 fluorescent; and shall have a steady non - fluctuating or non - undulating light
23 source. [Ord. 09 -55, page 10 of 12]
24
_25 12. Mobile billboard. It shall be unlawful for any person to display any mobile
(
'6 billboard. [Ord. 09 -55, page 10 of 12]
27
28 13. See section 5.05.05 of this Code for signage regulations for automobile service
29 stations. [Ord. 09 -55, page 10 of 12]
30
31
32
33 10.02.00 APPLICATION REQUIREMENTS
34
35
36 10.02.06 Submittal Requirements for Permits
37
38
39 G. Temporary Use Permit Requirements and Issuance. See section 5.04.050 of the
40 LDC- for temporary use permit classifications and restrictions.
41
42 11 . PUFP96P ARGI intent. _Rased upon the Rature of some uses, their FmpaGt on
43 a lie ^.t uses, thedF GOMpatibility with surrounding n e.t.es and the i tl f
44 tornp A usp is intended ed t., f,., Gt .. i , there is an identified need { II LFtain
45 to ...re within dlt site, provide F th types my . n e ee en c e and f
46
47
48 [Although struck by Ord. 09 -43 (Page 88 of 89) is being modified and
-4 9 Relocated to 5.04.01 A., see page 2 of this document]
0
121
IA09 Amend the LDC\2009 -Cycle i \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Tent underlined is new text to be added.
Bold text indicates a defined term
1. Applications for temporary use permits shall be submitted to the County Manager
or designee in writing on a form provided by the Community Development and
Environmental Services Division.
2 General The County ManageF GF h S designee, may gFaRt ^ t p^ 7 use
permit shall include a G9n a 6ite developmeRt plaR (SOP) as
previded fsr Within this sestien. The ^ ^'° required °t ^^ and tempera
use hermit application shall be submittLad and appFeved pFieF to
[Although struck by Ord. 09 -43 (Page 88 of 89) is being modified and
Relocated to 5.04.01 B., see page 2 of this document]
2. Submittal Requirements. The temporary use permit application and ae0re0r�aie
required plan shall be submitted together with the applicable nonrefundable fee
as indicated in the CDES fee schedule, and approved prior to or simultaneously
with the submission of a building permit application, if required.
3-10. [Relocated in entirety, see new 10 below.]
3. Each temporary use permit application shall be accompanied by authorization of
the property owner or leasing agent and a current valid Business Tax Receipt in
the case of temporary sale, when required.
4. A conceptual site plan (CSP) a site development plan (SDPI is required for
special events and seasonal sales. For improved and unimproved properties the
site plan must demonstrate that provisions will be made to adequately address
each of the following:
[refer to struck portions of 5.04.05 A.7. & 6.2 (pages 4 & 6, respectively)]
a. Vehicular and pedestrian traffic safety measures.
b. Adequate on -site or additional off -site parking areas shall be provided as
follows.
i. A maximum of 10 percent of the parking required by section
4.05.04 of this Code may be occupied or otherwise rendered
unusable by the placement of temporary structures equipment
and merchandise.
ii. The minimum required number of handicapped parking spaces
pursuant to section 4.05.07 shall remain available for use.
C. Limited activity hours.
d. Watchmen, fencing and lighting.
122
1109 Amend the LDC\2009 -Cycle 1 \LDC Packet\mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
Bold text indicates a defined term
1 e. Fire protection and emergency access measures.
2
3 f. Sanitary facilities.
4
5 q. If required, a faithful performance bond to guarantee compliance with the
6 conditions of the permit.
5. Review procedures.
a. Based upon the information contained in the application the County
Manager or designee may approve, approve with conditions relative to
the health, safety and welfare of the public or deny an application. and
may attach conditions to the permit.
b. In the event an application is denied by the County Manager of designee
the reason(s) shall be noted on the application and returned promptly.
6. Indemnification. The applicant shall be required to indemnify and hold harmless
Collier County, its officers, agents and employees from and against all claims
suits, actions, damages, liabilities, expenditures or causes of action arising out of
or occurring during the activities of applicant under a permit issued hereupon in
the form and manner provided by the County Manager or designee.
7. Cancellations and postponements.
a. If a permitted event is canceled or postponed the applicant shall furnish
Collier County with written notification of such cancellation or
postponement and the reason(s) for same. It is understood that weather
conditions may cause last minute cancellations: however, the applicant
shall make every effort to notify the county staff prior to the scheduled
commencement of said event. If the event is to be re- scheduled notice
of the date and time of the rescheduled event shall be provided.
b. If a permitted event is postponed the permit will be amended to reflect
the rescheduled event dates and a copy will be provided to the applicant
prior to the event.
C. If an event is cancelled and the County is notified prior to the initially
proposed commencement date the number of days used will not count
towards the maximum number of authorized days afforded for events by
the Code.
8. Suspension or revocation. Failure to comply with the terms and conditions of the
temporary use permit, once issued, shall be grounds for immediate suspension
of the permitted activity until such time as the noncompliance is remedied A
permit may be revoked, without refund, for established public safety and welfare
issues. The suspension or revocation shall be initially communicated verbally,
followed by a written suspension or revocation order. The continued failure to
comply with the terms and conditions of a previously suspended permit may
result in the revocation of said permit.
123
1 : \09 Amend the LDC\2009 -Cycle 1\LDC Packet \mar 24 CCPC pkt \CCPCma24 PKT4 (031810).doc
Text underlined is new text to be added
Bold text indicates a defined term
9. Violations The failure to obtain a required Temporary Use Permit and /or the
failure to cease activities authorized by such a temporary use permit including
the removal of any displays structures merchandise equipment signs or
banners authorized by said permit upon expiration suspension or revocation
shall establish a violation of this Code and shall be subject to the penalties
established within this Code.
10. 3 Film Permit.
a. Permit required. A permit shall be required for the following activities
taking place, in conjunction with commercial motion picture, film,
television, video or still photography production: the use of set scenery,
temporary structures or other apparatus, special effects, or closure of
public streets or accessways. This Code shall not apply to bona fide
newspaper, press association, newsreel or television news media
personnel, nor to properties that have been zoned to allow motion
picture /television filming as a permitted use.
b. Application for permit; contents. Any person, firm, corporation,
association or governmental entity desiring to obtain a permit shall apply
to the County Manager or his designee; and said application shall include
but not be limited to the following.
Name, address (including local address) and telephone number of
applicant.
Proof of comprehensive general liability insurance coverage in the
amount of at least $1,000,000.00 combined single limit, with
Collier County named as an additional insured. The applicant shall
provide to the County Manager or his designee a certificate of
insurance evidencing that said insurance is in effect and certifying
that Collier County be given 30 days' notice prior to the expiration
or cancellation of the policy.
Special effects to be utilized, especially incendiary or explosive
devices, with proof of not less than $5,000,000.00 comprehensive
general liability insurance combined single limit with Collier County
listed as additional insured. In addition, the application shall list
the person in charge (pyrotechnician) of such special effects,
together with his qualifications and license from the applicable
federal and /or state agencies, and authorization from the local fire
district permitting the event.
iv. Locations, dates and hours of filming.
V. The following information is required by the County Manager or
his designee, unless waived:
a) A conceptual plan indicating the location of film events and
parking facilities provided.
124
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
Bold text indicates a defined term
1 b) Plans for construction or utilization of structures on subject
2 site(s).
C) Number, type and location of sanitation facilities to be
provided. Plans for disposal of refuse and debris, and
restoration of the site(s) to its original condition.
d) A description of any lighting facilities that would be
necessary and /or the need to disconnect any public
lighting.
e) A description of any use which may encroach into
environmentally sensitive areas.
f) Approximate number and type of vehicles and /or
equipment to be used and any special parking
requirements. The number of personnel to be on location
with the production.
g) Necessity for closures of public streets or sidewalks and
for what duration and location.
h) An indication of any utilization of aircraft/fixed -wing,
helicopter, or balloons at the subject site(s).
i) List of county personnel or equipment requested, and an
agreement to pay for extraordinary services provided by
Collier County.
j) Provisions for traffic control, fire safety and security
precautions.
k) If located on private property, not under the county's
ownership or control, a written notarized agreement from
the property owner to allow the filming to occur on his
property.
1) Additional information requested to assist Collier County in
obtaining future film production.
C. Insurance requirements. The applicant shall maintain in force at all times
during the permit period, a comprehensive general liability policy with
limits other than those described in sections 10.02.06 G.3.b.ii. and b.iii.
above of this Code as determined by the risk management director upon
a review of the particular circumstances involved. Said applicant shall
provide to the County Manager or his designee a certificate of insurance
as evidenced that said insurance is in existence and certifying that Collier
County is a named insured, and that Collier County be given 30 days'
notice prior to the expiration or cancellation of the policy. Any additional
insurance requirements for filming on private property will be at the
discretion of the affected property owner.
125
I:\09 Amend the LDC\2009 -Cycle 1 \LDC Packet\mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added to hA deleted
e•h Bold text indicates 'a defined term
d. Indemnification. The applicant shall be required to indemnify and hold
harmless Collier County, its officers, agents and employees from and
against all claims, suits, actions, damages, liabilities, expenditures or
causes of action arising out of or occurring during the activities of
applicant under a permit issued hereupon in the form and manner
provided by the County Manager or his designee.
Permit fee. No permit fee shall be required. Any additional license or user
fees which have been established for county -owned land or facilities shall
be in effect.
Issuance of permit. Upon presentation of the completed application, proof
of insurance, payment of permit fee, surety bond or cash payment in lieu
of the bond and review by the County Manager or his designee, the
permit may be issued. If the County Manager or his designee determines
that the use of public or private property could affect the public's use of
the property, or have potential adverse impacts on surrounding
properties, then he may require that the permit application be scheduled
for a public hearing before the Board of County Commissioners. The
special circumstances could include, but are not limited to, closure of a
public street or accessway; use of special effects, including incendiary or
explosive devices; a large production crew or crowd control; and
increased liability insurance required. The notice for the public hearing
shall be advertised in a newspaper of general circulation in the county at
least 1 time 15 days prior to the hearing.
g. Suspension of permit. Failure to comply with the terms and conditions of
the temporary use permit once issued shall be grounds for immediate
suspension of the permitted activity until such time as the noncompliance
is remedied. The suspension shall be initially communicated verbally,
followed by a written suspension order; and continued failure to comply
with the terms and conditions of the permit may result in revocation of the
permit.
Costs for extraordinary services. The county shall recover direct costs for
extraordinary services rendered in connection with a production. Such
costs shall include, but not limited to, charges for personnel and /or
equipment committed in support of the production which are outside the
normal scope of government services. Based on the information
contained in the permit application, an estimate of these costs will be
provided to the applicant prior to issuance of this permit. The county may
require prepayment of all or a portion of these estimated costs prior to
issuance of the permit. At the conclusion of the production, actual costs
below or in excess of the estimates will be refunded by the county or paid
by the applicant, respectively.
Surety bond. A surety bond in an amount to be determined by Collier
County and issued by a company authorized to issue bonds in Florida or
cash payment in lieu of the bond may be required by the County Manager
or his designee to provide for cleanup and /or restoration of the subject
126
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added
Bold text indicates a defined term
1 site(s).
2
3 4- TeFnpeFaFy sports events, religious events, and Gammunity eveRtS
4 [Subsection relocated to page 5 of this document, new 5.04.05 A.2.]
5
6 - a. In the .n.....e of c e.ts events el' WG .,..°.: etc OFn FnuR t y events, ethef
7 Givil, or
8 __ ..the __ C .d
County Mannner n. his ec.'nnee may
9
10
11
12
13
19
15
16
17 Said nits; and the enmittee shall be : al re to .. t ,d
18 agFeeFneRt stn said st'n .Int n nc#r..'nte.
19
20 b. Te,.,nnrn er..•;tS may, in support of the use hero peRrRitted, iRGlude
21 the of signs, merchandise, °«- ••^•• °°° and eqWipMeRt, and
22 maL.:1° hn° .n... aR GffiG but net f°.F F.°,.`. Senn If the tempera '
- - ..j. — �vrcir� -wc-ri
23 nnt 6-snontinwPO upon expiration of the permit, hL, deemed
24 vonlmfie.n of the Land development Cadt -- and shall a bj t f the-
25
,.Y�. development - ovo�ev,-- ao --
e alQ.t es fh� helreir °'n.
`6
27 G. Tem ° m is FIR thi.G. G.ategnn shall be rent: areal 4 thes
..p,..,. ^j permits vyv.j
28
29
30 request.
31
32
The County ManageF GF his designee shall aGGept without fee, tempolca
33 6169 permit appliGatiGRs foF sports events, FeligiOLIS eVeRtS, GOMMURity
34 eye.^.ts, eF 9th°F s..o.'i* event nn re6entatin of deGumentatieR that
35 the spenseF of the event is a bgRa fide nonpmfit eFganiZatiGR and the
36
37 individuals, _r tL. At n aRizat.G.r T...n .. nh t
38 .
39
40
41
42 APPENDIX G ANNUAL BEACH EVENT STANDARD PERMIT CONDITIONS
43
44
45
46 10. Annual beach events which occur during Sea Turtle Nesting Season (May 1 st through
47 October 31 st of each year) are also subject to the following regulations:
48
49 A. All required Florida Department of Environmental Protection (FDEP) Field
0 Permits, shall be obtained and a copy furnished to Collier County prior to the
51 time of the scheduled event as set forth in section 5. 04.06. 5.046076
927
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Text underlined is new text to be added to be deleted.
^ Bold text indicates +a defined term
B. Consistent with section 5:04.06.. 5.04.07. no structure set up, or beach raking, or
mechanical cleaning activity for any particular Beach Event shall not commence
until after monitoring conducted by personnel with prior experience and training
in nest surveys procedures and possessing a valid Fish and Wildlife
Conservation Commission Marine Turtle Permit has been completed.
C. Prior to all scheduled beach events, every beach event permit holder is required
to rope off (or otherwise identify with a physical barrier) an area with no less than
a 15 -foot radius around each sea turtle nest that has been identified and marked
on a beach, unless a greater distance is required by an applicable State permit.
D. Use of vehicles on the beach is prohibited, except as may be permitted under
section 5.04.06. 5.04.07.
E. Consistent with section 5 4.06 5.04.07 all materials placed on the beach for the
purpose of conducting permitted Beach Events must be: 1) removed from the
beach by no later than 9:30 p.m. the date of the event; and 2) no structures may
be set, placed, or stored on, or within ten feet of any beach dune, except that
materials may remain in an identified staging area until 10:00 p.m. The location
and size of all staging areas will be as identified in the annual beach events
permit.
128
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet\mar 24 CCPC pkt\CCPCmar24 PKT4 (031810)Aoc
Text underlined is new tent to be added.
Bold text indicates a defined term
1 LDC Amendment Request
2
3
4
5 ORIGIN: Community Development & Environmental Services Division
6
7 AUTHOR: Stephen Lenberger, Senior Environmental Specialist
8
9 DEPARTMENT: Department of Engineering, Environmental, Comprehensive Planning and
10 Zoning Services
11
12 AMENDMENT CYCLE: 2009 Cycle
13
14 LDC PAGE: LDC 10:6 — LDC 10:14
15
16 LDC SECTION(S): 10.02.02 Submittal Requirements for All Applications
17
18 CHANGE: Replace the requirement for an Environmental Impact Statement (EIS) with
19 submission of environmental data in which to review projects.
20
21 REASON:
22
2 3 The purpose of an Environmental Impact Statement (EIS) and other environmental data is to
24 review projects for consistency with the LDC and GMP. This information is submitted by
25 applicants during the development review process, much of which is included on final Site
26 Development Plans (SDP) or final plat construction plans (PPL). For other type applications,
27 including changes or uses in zoning, this information is provided separately or as part of an EIS,
28 if an EIS is required.
29
30 The need for having a separate EIS document and separate EIS approval process has been
31 questioned in so much that the environmental information already provided for applications is
32 sufficient in which to review applications for compliance with applicable LDC and GMP
33 provisions. Removing the requirement for an EIS and identifying environmental data submittal
34 requirements is warranted and would streamline the permitting process while insuring the
35 necessary information is provided in which to review projects.
36
37 The environmental data submittal requirements identified below has been provided to fulfill the
38 requirements of Conservation and Coastal Management Element (CCME) GMP Policy 6.1.8 and
39 2.3.6 (b).
40
41 CCME Policy 6.1.8 states the following (underlined /strike through version provided to identify
42 changes adopted with the EAR -based GMP amendments):
43
44 "An Environmental Impact Statement (EIS), or submittal of appropriate environmental data as
S specified in the County's land development regulations, is required, to provide a method to
46 objectively evaluate the impact of a proposed development, site alteration, or project upon the
129
I: \09 Amend the LDC\2009 -Cycle i \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Text underlined is new text to be added.
Teo strk -tom Sc.,:rert -�,. deletm
Bold text indicates a defined term
resources and environmental quality of the project area and the community and to insure that
planning and zoning decisions are made with a complete understanding of the impact of such
decisions upon the environment, to encourage projects and developments that will protect,
conserve and enhance, but not degrade, the environmental quality and resources of the particular
project or development site, the general area and the greater community. The County's land
development regulations shall establish the criteria for determining the he type of proposed
development requiring an EIS including the size and nature of the proposed development the
location of the proposed development in relation to existing environmental characteristics, the
degree of site alterations, and other pertinent information. .4—n PISS ^7. ^n be .o ,.: ,1 41r-
0
E
Additionally, CCME Policy 2.3.6 was amended to include a pre and post water quality analysis
for projects impacting 5 acres or more. Specifically, CCME Policy 2.3.6 (b) states the following
with regards to this requirement (underlined/strike through version provided to identify changes
adopted with the EAR -based GMP amendments):
"Excluding single family homes any project impacting 5 acres or more of wetlands must provide
a pre and post development water quality analysis to demonstrate no increase in nutrient
biochemical oxygen demand, total suspended solids, lead, zinc and copper loading in the post
development scenario."
In evaluating this GMP requirement, technical staff from the Engineering, Environmental,
Comprehensive Planning and Zoning Services Department reviewed applicable literature and
provide the following analyses.
"The EAR based amendments for the GMP included a requirement in Policy 2.3.6 to do a Pre -
development vs. Post - development analysis for nutrients, BOD, TSS, Pb, Zn, and Cu. The
existing LDC section 10.02.02 A.4.f indicates that the analysis shall be performed using
"approved methodologies" and only requires the analysis on nutrients. The methodology that has
130
1109 Amend the LDC\2009 -Cycle 1\LDC Packet\mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added to be deleted.
e`h Bold text indicates +a defined term
1 been used by the US Army Corps of Engineers and is being developed by the Florida Department
2 of Environmental Protection is limited to nutrients (nitrogen and phosphorus).
3
4 The original state stormwater regulations were based on a standard of 80 % removal of TSS.
5 Current evaluations of Florida stormwater regulation indicate the design needs to address
6 increasing concentrations of nutrients (nitrogen and phosphorus) in surface and ground water.
7 Additionally other significant pollutants are more easily removed than nitrogen or phosphorus
8 (Harper, 2007). The draft permitting handbook for the update of the state stormwater rule
9 includes analysis only for nitrogen and phosphorus loadings (FDEP, 2009). (This analysis model
10 is very similar to that proposed in Evaluation of Alternative Stormwater Regulations for
11 Southwest Florida, 2003)."
12
13 "Literature
14 Evaluation of Alternative Stormwater Regulations for Southwest Florida. Harvey Harper PhD.,
15 P.E., David M. Baker P.E.. Environmental Research & Design, Inc. 2003
16 Evaluation of Current Stormwater Design Criteria within the State of Florida. Harvey Harper
17 PhD., P.E., David M. Baker P.E.. FDEP 2007
18 Environmental Resource Permit Stormwater Quality. Applicant's Handbook. Draft (July 2009).
19 FDEP"
20
21 Due to the change in emphasis of state regulatory programs limiting the loading analysis to
22 nutrients, technical staff does not recommend adding the requirement for TSS, BOD, Pb, Zn, and
23 Cu at this time.
4
25 The EAC expressed a desire to have a final clearance letter from the FDEP, prior to occupancy or
26 use of a site, when environmental contamination exceeding applicable FDEP standards has been
27 identified. With help from the Collier County Pollution Control Department, staff found that
28 FDEP may not necessarily open up a case when contamination exceeding applicable FDEP
29 standards is found and if a case is open, remediation could occur after a site is occupied. In some
30 instances, conditions may be included in FDEP's Site Rehabilitation Completion Order (SRCO),
31 restricting certain type uses on a property. For example, an applicant may not be able to install
32 wells or excavate lakes in areas where contamination levels exceed applicable FDEP standards.
33 To address the concerns of the EAC and to protect the County's populous, staff included
34 language in the amendment, requiring the County to coordinate with FDEP when contamination
35 on a project site exceeds applicable FDEP standards.
36
37 CCME Policy 10.6.2 states the following: "For shoreline development projects where an EIS is
38 required, an analysis shall demonstrate that the project will remain fully functional for its
39 intended use after a six -inch rise in sea level." This requirement is currently included in the EIS
40 section of the LDC. To fulfill this requirement, staff has been accepting an affirmative statement
41 from the lead design professional.
42
43 In evaluating this GMP requirement, technical staff from the Engineering, Environmental,
44 Comprehensive Planning and Zoning Services Department reviewed applicable literature and
15 provide the following analyses.
6
131
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet\mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Tent underlined is new tent to be added.
Text stF `h Bold text indicates a defined term
CCME Policy 10.6.2 requires shoreline projects where an EIS is required, to provide an analysis
demonstrating that the project, remain fully functional for its intended use after a six -inch rise in
sea level. Staff recommends that this Policy be removed from the GMP since NOAA indicates
that at current rates it will take 75 years to reach a 6 inch increase. If the higher rates suggested
by the S WFRPC Draft Climate Change report are used it will still take approximately 66 years to
reach a 6 inch rise. These time frames are well beyond the accepted planning horizon.
Staff believes that current building regulations in combination with the National Flood Insurance
Program, provides adequate protection for all residents within the Special Flood Hazard Area
(SFHA) (100 year floodplain). The building code requires all buildings to be built at or above the
1% annual chance storm event flood elevation set by the FEMA Flood Insurance Rate Map
(FIRM) program. FIRM maps use existing sea level and they are supposed to be updated every 5
years. The building code requires all facilities within the SFHA brought into compliance with the
Flood Damage Prevention ordinance with any major renovation (improvement equal to or greater
than 50% of the value of building). All buildings located within the SFHA with federally backed
mortgages are required to obtain flood insurance.
FISCAL & OPERATIONAL IMPACTS:
According to the Collier County Community Development and Environmental Services Fee
Schedule approved by the BCC on April 28, 2009, fees for reviewing an EIS are $2,500.00 for
the 1st submittal and 2nd submittal if applicable, $1,000.00 for the 3td submittal and $500.00 for
4th and subsequent submittals.
Basic costs for preparation of an EIS are provided below (Summary of information obtained from
three environmental firms in the area). Actual costs will vary due to market conditions, contract
negotiations, etc.
Cost of an EIS for a small site with a minimal 20 hour listed species survey is around $12,000.
Depending on the size and complexity of the project, the price range for preparing an EIS ranged
from $12,000 to $120,000. Included in this amount are listed species surveys which generally
start at around $2,000. Fees for listed species surveys are often higher. For example, an
individual 5 day red - cockaded woodpecker (RCW) survey will cost about $8,000. The costs for
implementing USFWS guidelines for bald eagle monitoring, range from $25,000 to $35,000.
Eliminating the requirement for and EIS along with the separate review and approval process
required for it will save time and expense on the part of the applicant and County in producing,
printing and reviewing these documents. One consultant indicated a cost of $20,000 to $30,000
to prepare /compile the EIS document, amend the document according to sufficiency reviews by
County staff and to attend public hearings for the project. Currently an EIS is required to be
heard by the Environmental Advisory Council (EAC), unless a waiver of the public hearing
requirement is granted pursuant to the LDC. The Planning Commission (CCPC), by policy, has
also requested copies of Environmental Impact Statements, if an EIS is required for a particular
project and that project is required to be heard by the CCPC. The time and expense of scheduling
petitions not normally required to be heard by the EAC, to the F,AC, will also be saved.
132
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet\mar 24 CCPC pkt\CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
Bold text indicates a defined term
1 Information for actual construction of projects (final development orders) is included on Site
2 Development Plans and final plat construction plans, whatever is applicable. This includes
3 information regarding management for listed species and preserves, along with depiction of
4 preserves on the site plans. This single source of information has been established by the County
5 as a plan of record in which staff, applicant, and public can locate information for actual
6 construction of a project. Procedures for amending SDPs and PPLs are coordinated through the
7 Zoning and Land Development Review Department with the type of amendment based on the
8 extent and nature of changes to the development order.
9
10 Amendments for management plans for preserves and listed species are considered minor
11 (Insubstantial Changes) and cost $400 to process. If more than one plan sheet is involved, then an
12 additional fee of $100 per sheet is charged. Rarely is more than one plan sheet needed for a
13 preserve management plan. Additional fees are charged for 3rd and subsequent re- submittals
14 ($1,000 for 3`d submittal, $1,500 for 4th submittal, $2,000 for 5th and subsequent submittals).
15 Amendments to preserve and listed species management plans do not trigger other types of
16 amendments to an SDP or PPL.
17
18 Some stakeholders have asked if management plans for preserves and listed species could be
19 submitted separately on 8 %2 x 1 I inch paper. Staff does not see an advantage of having preserve
20 and listed species management plans separate from the approved drawings for an SDP and PPL.
21 More effort would be required on the part of staff, property owners, consultants and the public to
22 track down this additional information, if it were submitted separately. Potential for errors with
93 regards to construction and management of a project could result in not having all the
4 information included on the approved plans. The approved site plans are where everyone goes to
25 see what was approved for a project or to locate the information to amend plans by. The cost of
26 reviewing separate size plans for preserve and listed species management plans would likely be
27 the same. Some savings may be had on the part of environmental consultants who have to
28 coordinate and pay engineering firms or print shops to place and print preserve management and
29 listed species management plans on 24 x 36 inch paper. Many environmental consultants already
30 have this capability or work for or closely with an engineering firm who they regularly do
31 business with.
32
33 RELATED CODES OR REGULATIONS:
34
35 Elimination of the requirement for an EIS will require a revision to the Environmental Advisory
36 Council (EAC) section of the Code of Laws and Ordinances since the EAC is required to review
37 Environmental Impact Statements. The EAC section was recently moved by the BCC, from the
38 LDC to the Code of Laws and Ordinances.
39
40 GROWTH MANAGEMENT PLAN IMPACT: The amendment to the EIS section of the
41 LDC is required as part of the EAR -based GMP amendment to CCME Policy 6.1.8.
42
43 OTHER NOTESIVERSION DATE: Created November 13, 2009. Amended November 24,
44 2009, December 7, 2009, February 17, 2010, March 16, 2010
5
�6
133
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
Text underlined is new text to be added.
Taxt +F Bold text indicates a defined term
Amend the LDC as follows:
10.02.02 Submittal Requirements for All Applications
134
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
Bold text indicates a defined term
All landward of the neastal management bOURdaFy that aFe ten 9
1
_... 2 more- aGFes.
135
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new tent to be added
Te�t�euQp- issdN�4
Bold text indicates a defined term
Text underlined is new text to be added.
^•h Bold text indicates a defined term
1 .
2
3 d. Native :egetatien presewatiel,
137
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
Text stFikethFaugh is GUFF-11% text in be deleted.
Bold text indicates a defined term
by the ......... .- ..... ........ �......ey.,�.�..��. �...r �... the County.
AF Perda
N. 9etBrrnine seasonal and hiStONC high water levels utFlqzmRg IiGheiq
4e
138
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet\mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new tent to be added.
Bold text indicates a defined term
1
2
nar_ti�r_nrrs�:� _
139
1109 Amend the LDC\2009 -Cycle i \LDC Packet\mar 24 CCPC pkt\CCPCmar24 PKT4 (031810).doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
Text underlined is new tent to be added to hi, delet�d.
'•h Bold text indicates +a defined term
A. Environmental Data Submittal Requirements
1. Purpose. The purpose of this section is to identify the types and format of data
that is required to review a proposed project to ensure it meets the land
development standards contained within the Land Development Code
2. Preparation of Environmental Data Environmental Data Submittal Requirements
shall be prepared by an individual with academic credentials and experience in
the area of environmental sciences or natural resource management Academic
credentials and experience shall be a bachelor's or higher degree in one of the
biological sciences with at least two years of ecological or biological professional
experience in the State of Florida.
3. Environmental Data. The following information shall be submitted where
applicable, to evaluate projects.
a. Wetlands
I. Identify on a current aerial the location and acreage of all Collier
County /SFWMD jurisdictional wetlands according to the Florida
140
1.09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
Bold text indicates a defined term
1
Land Use Cover and Forms Classification System (FLUCFCS)
2
and include this information on the SDP or final plat construction
3
plans. Wetlands must be verified by the South Florida Water
4
Management District ( SFWMD) or Florida Department of
5
Environmental Protection (DEP) prior to SDP or final plat
6
construction plans approval. For sites in the RFMU district.
7
provide an assessment in accordance with 3.05.07 F and identify
8
on the FLUCFCS map the location of all high quality wetlands
9
(wetlands having functionality scores of at least 0.65 WRAP or 0.7
10
UMAM) and their location within the proposed development plan.
11
Sites with high quality wetlands must have their functionality
12
scores verified by the SFWMD or DEP prior to first development
13
order approval. Where functionality scores have not been verified
14
by either the SFWMD or DEP, scores must be reviewed and
15
accepted by County staff, consistent with State regulation.
ii. SDP or final plat construction plans with impacts to five (5) or
more acres of wetlands shall provide an analysis of potential
water quality impacts of the proiect by evaluating water quality
loadings expected from the proiect (post development conditions
considering the proposed land uses and stormwater management
controls) compared with water quality loadings of the proiect area
as it exists in its pre - development conditions. The analysis shall
be performed using methodologies approved by Federal and
State water quality agencies, and must demonstrate no increase
in nutrients (nitrogen and phosphorous) loadings in the post
development scenario.
iii. Where treated stormwater is allowed to be directed into
preserves, show how the criteria in 3.05.07 H have been met.
iv. Where native vegetation is retained on site, provide a topographic
map to a half foot and, where possible, provide elevations within
each of the FLUCFCS Codes identified on site. For SDP or final
plat construction plans, include this information on the site plans.
b. Listed Species and Bald Eagle Nests and Nest Protection Zones
i. Provide a wildlife survey for the nests of bald eagle and for listed
species known to inhabit biological communities similar to those
existing on site. The survey shall be conducted in accordance with
the guidelines or recommendations of the Florida Fish and Wildlife
Conservation Commission ( FFWCC) and the U.S. Fish and
Wildlife Service (USFWS). Survey times may be reduced or
waived where an initial habitat assessment by the environmental
consultant indicates that the likelihood of listed species
occurrence is low, as determined by the FFWCC and USFWS.
Where an initial habitat assessment by the environmental
consultant indicates that the likelihood of listed species
occurrence is low, the survey time may be reduced or waived by
the County Manager or designee when the proiect is not
141
1109 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt\CCPCmar24 PKT4 (031810).doc
Text underlined is new tent to be added
Bold text indicates a defined term
reviewed or technical assistance not provided by the FFWCC and
USFWS. Additional survey time may be required if listed species
are discovered.
ii. Provide a survey for listed plants identified in 3.04.03.
iii. Wildlife habitat management and monitoring plans in accordance
with 3.04.00 shall be required where listed species are utilizing the
site or where wildlife habitat management and monitoring plans
are required by the FFWCC or USFWS. These plans shall
describe how the project directs incompatible land uses away
from listed species and their habitats. Identify the location of listed
species nests, burrows, dens, foraging areas and the location of
any bald eagle nests or nest protection zones on the native
vegetation aerial with FLUCFCS overlay for the site. Wildlife
habitat management plans shall be included on the SDP or final
plat construction plans. Bald eagle management plans are
required for sites containing bald eagle nests or nest protection
zones, copies of which shall be included on the SDP or final plat
construction plans.
C. Native vegetation preservation
i. For sites or portions of sites cleared of native vegetation or in
agricultural operation, provide documentation that the parcel(s)
were issued a permit to be cleared and are in compliance with the
25 year rezone limitation pursuant to section 10.02.06. For sites
permitted to be cleared prior to July 2003, provide documentation
that the parcel(s) are in compliance with the 10 year rezone
limitation previously identified in the GMP. Criteria defining native
vegetation and determining the legality, process and criteria for
clearing are found in 3.05.05, 3.05.07 and 10.02.06.
it. Identify on a current aerial the acreage location and community
types of all upland and wetland habitats on the protect site
according to the Florida Land Use Cover and Forms Classification
System ( FLUCFCS), and provide a legend for each of the
FLUCFCS Codes identified. Aerials and overlay information must
be legible at the scale provided. Provide calculations for the
acreage of native vegetation required to be retained on -site.
Include the above referenced calculations and aerials on the SDP
or final plat construction plans. In a separate report, demonstrate
how the preserve selection criteria pursuant to 3.05.07 have been
met. Where applicable, include in this report an aerial showing the
project boundaries along with any undeveloped land, preserves,
natural flowways or other natural land features located on
abutting properties.
iii. Include on a separate site plan, the project boundary and the land
use designations and overlays for the RLSA, RFMU, ST and
ACSC -ST districts. Include this information on the SDP or final
142
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810)Aoc
Text underlined is new text to be added.
TOA ^'F Bold text indicates a defined term
plat construction plans.
iv. Where off -site preservation of native vegetation is proposed in
lieu of on -site, demonstrate that the criteria in section 3.05 07
have been met and provide a note on the SDP or final plat
construction plans indicating the type of donation (monetary
Payment or land donation) identified to satisfy the requirement
Include on the SDP or final plat construction plans a location
map(s) and property identification number(s) of the off -site
parcel(s) if off -site donation of land is to occur.
d. General environmental requirements
I. Provide the results of any Environmental Assessments and /or
Audits of the property, along with a narrative of the measures
needed to remediate if required by FDEP.
H. Soil and /or ground water sampling shall be required at the time of
first development order submittal for sites that occupy farm fields
(crop fields, cattle dipping ponds, chemical mixing areas) golf
courses, landfill or junkyards or for sites where hazardous
products exceeding 250 gallons of liquid or 1,000 pounds of
solids were stored or processed or where hazardous wastes in
excess of 220 pounds per month or 110 gallons at any point in
time were generated or stored. The amount of sampling and
testing shall be determined by a registered professional with
experience in the field of Environmental Site Assessment and
shall at a minimum test for organochlorine pesticides (U.S.
Environmental Protection Agency (EPA) 8081) and Resource
Conservation and Recovery Act (RCRA) 8 metals using Florida
Department of Environmental Protection (FDEP) soil sampling
Standard Operating Procedure (SOP) FS 3000 in areas
suspected of being used for mixing and at discharge point of
water management system. Sampling should occur randomly if no
points of contamination are obvious. Include a background soil
analysis from an undeveloped location hydraulically upgradient of
the potentially contaminated site. Soil sampling should occur lust
below the root zone, about 6 to 12 inches below ground surface or
as otherwise agreed upon with the registered professional with
experience in the field of Environmental Site Assessment Include
in or with the Environmental Site Assessment the acceptable
State and Federal pollutant levels for the types of contamination
found on site and indicate in the Assessment when the
contaminants are over these levels. If this analysis has been done
as part of an Environmental Audit then the report shall be
submitted. The County shall coordinate with the FDEP where
contamination exceeding applicable FDEP standards is identified
on site or where an Environmental Audit or Environmental
Assessment has been submitted.
iii. Shoreline development must provide an analysis demonstrating
143
IA09 Amend the LDC\2009 -Cycle 1 \LDC Packet\mar 24 CCPC pkt \CCPCmaf24 PKT4 (031810).doc
Text underlined is new text to be added.
Bold text indicates a defined term
that the proiect will remain fully functional for its intended use after
a six -inch rise in sea level.
iv. Provide justification for deviations from environmental LDC
provisions pursuant to GMP CCME Policy 6.1.1 (13) if requested
V. Where applicable, provide evidence of the issuance of all
applicable federal and /or state oil and gas permits for proposed oil
and gas activities in Collier County. Include all state permits that
comply with the requirements of Chapter 62C -25 through 62C -30
F.A.C., as those rules existed on January 13 2005.
e. Other code requirements
i. Identify any Wellfield Risk Management Special Treatment
Overlay Zones (WRM -ST) within the proiect area and provide an
analysis for how the proiect design avoids the most intensive land
uses within the most sensitive WRM -STs and will comply with the
WRM -ST pursuant to 3.06.00. Include the location of the Wellfield
Risk Management Special Treatment Overlay Zones on the SDP
or final plat construction plans. For land use applications such as
standard and PUD rezones and CUs, provide a separate site plan
or zoning map with the proiect boundary and Wellfield Risk
Management Special Treatment Overlay Zones identified.
ii. Demonstrate that the design of the proposed stormwater
management system and analysis of water quality and quantity
impacts fully incorporate the requirements of the Watershed
Management regulations of 3.07.00.
iii. For sites located in the Big Cypress Area of Critical State
Concern - Special Treatment overlay district (ACSC -ST) show how
the proiect is consistent with the development standards and
regulations in 4.02.14.
iv. For multi -slip docking facilities with ten slips or more, and for all
marina facilities, show how the proiect is consistent with 5.05.02.
Refer to the Manatee Protection Plan for site specific
requirements of the Manatee Protection Plan not included in
5.05.02.
V. For development orders within RFMU sending lands, show how
the proiect is consistent with each of the applicable Objectives
and Policies of the Conservation and Coastal Management
Element of the GMP.
f. Additional data
The County Manager or designee may require additional data or
information necessary to evaluate the project's compliance with
LDC and GMP requirements.
144
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCma24 PKT4 (031810).doc
Text underlined is new tent to be added
Bold text indicates a defined tens
1
( 2 4. PUD zoning and CU petitions. For PUD rezones and CU petitions applicants
3 shall collate and package applicable Environmental Data Submittal
4 Requirements into a single Environmental Impact Statement (EIS) document
5 prior to public hearings and after all applicable staff reviews are complete.
6 Copies of the EIS shall be provided to the County Manager or designee prior to
7 public hearings.
8
9 75. Exemptions.
10
11 a. The 08 Environmental Data Submittal Requirements exemption shall not
12 apply to any parcel with a ST or ACSC -ST overlay, unless otherwise
13 exempted by 4.02.14.1. (exemptions),,
14 of This Cede.
15
16 b. Single family op duplex uses on a 6 ngle lOt Gr paFGel. Single - family
17 detached and two - family housing structure(s) on a lot(s) of record except
18 as otherwise provided at section 4.02.04 (cluster development) and
19 townhouses developed on fee simple lots under individual ownership
20 provided that a fee simple townhouse plat is approved in accordance with
21 the provisions of section 10.02.04.6.4. These exemptions shall not apply
22 to the following.
23
24 i. Wetland delineations and permitting.
25
? 6 ii. Retention of native vegetation in accordance with 3.05.07 C.
27
28 iii. Listed species protection in accordance with 3.04.01.
29
30 C. Agricultural uses. Agricultural uses that fall within the scope of sections
31 163.3214(4) or 823.14(6), Florida Statutes, provided that the subject
32 property will not be converted to a nonagricultural use use or considered
33 for any type of rezoning petition for a period of 25 years after the
34 agrsuttural uses agricultural uses commence and provided that the
35 subject property does not fall within an ACSC or ST zoning overlay.
36
37 d. Non sensitive areas. Any area OF paFG f lend ...h'..h '^ AGt, in the
38 opinion of the- 6ednty Manager OF hisdeesigaee, aa area e
39 nital sitiyity, . h'ent to the criteria et forth below,
40 provided that the s6ibjeGt prepeFty dAA6 ROt fall within al; AGSG ol, ST
41 zoniRg GvedaT
42
43
44 usage, PF60F tO the adeptieR ef this Code, in SUGh a FnaRReP that
45 the nrnnnceed - e yill net further degFade the ..nvra- n-mentvr ie•
46 quality of the site r the .,........^.'d..i^ areas :: ",;.^el; might be
47 affeiated by the PFGPGsed use.
48
49 li. The major flew and fa- ina f°;;t..,.,� have breG, altered n ed
0 to sunh an extent as to r' d e_lu _ their ..
. .°__..able regeReFatiGn x.
J1 useful ennlnn'n..l n rnnce An ex;;imnlP. %voidd hn ___ the_ ________ ___ An
145
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new tent to be added.
Bold text indicates a defined term
;RdustF6al Park or a nomm,--rgial development where mnst of the
fd. All NBMO Receiving Lands in accordance with 2.03.08 A.2.a(1).
tae. A conventional rezone with no site plan or proposed development plan.
This exemption does not apply to lands that include any of the following
zoning, overlays or critical habitats: Conservation (CON), Special
Treatment (ST), Area of Critical State Concern (ACSC), Natural
Resource Protection Areas (NRPA's), Rural Fringe Mixed Use (RFMU)
Sending Lands, Xeric Scrub, Dune and Strand, Hardwood Hammocks, or
any land occupied by listed species or defined by an appropriate State or
Federal agency to be critical foraging habitat for listed species.
f. In those areas of Collier County where oil extraction and related
processing is an allowable use, such use is subject to applicable state
and federal oil and gas permits and Collier County non - environmental site
development plan review procedures. Directional - drilling and /or
previously cleared or disturbed areas shall be utilized in order to minimize
impacts to native habitats, where determined to be practicable This
requirement shall be deemed satisfied upon issuance of a state permit in
compliance with the criteria established in Chapter 62C -25 through 62C-
30, F.A.C.. as those rules existed on January 13 2005 regardless of
whether the activity occurs within the Big Cypress Watershed as defined
in Rule 62C- 30.001(2), F.A.C. All applicable Collier County environmental
permitting requirements shall be considered satisfied by evidence of the
issuance of all applicable federal and /or state oil and gas permits for
proposed oil and gas activities in Collier County, so long as the state
permits comply with the requirements of Chapter 62C -25 through 62C -30
F.A.C. For those areas of Collier Countv outside the boundary of the Bia
146
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new tent to be added
1
2
3
4
5
6
7
8
9 a.
Bold text indicates a defined term
Cypress Watershed, the applicant shall be responsible for convening the
Big Cypress Swamp Advisory Committee as set forth in Section 377.42
F.S., to assure compliance with Chapter 62C -25 through 62C -30 F.A.C.
even if outside the defined Big Cypress Watershed. All access roads to
oil and gas uses shall be constructed and protected from unauthorized
uses according to the standards established in Rule 62C- 30.005(2)(a)(1)
through (12), F.A.C.
Fees. iP ordeF to nlemeRt maintain and enferrt, this Code the
10
,. GOSt UPGR
11
rAF;gl-flnn I Intil this fee has beeR paid in fi-11 noapt;AA ef aRy type shall be taken.
12
13 9.
Appeals-
14
15
a. An"" peFseR aggFieved by the ''e_._._.. of the GGURt.. Ma v his
16
17
18
19
20
b. The €AS will netify the aggrieved peFSGR and the Ce 'et•' Manager eF W6
21
deSig e rF ee of the date, n IaGe that nh appeal shall be h e d
Y Y
22
23
paFt es waive this a nt
24
25
G. The ,.
appeal will he heaFd by the CAf` :thin 60 days f the submission F
f ' 6
the appear'.
27
28
-' Ten daY6 prier to the hearing the aggrieeredperse^ hel' brpit to thp-
29
30
.
31
32
� /`
e Upon GORGII-Ision of the he nn the FA 'Il submit to the BGG thei
33
34
35
f The BGG iR regular sessien, will make the f I desis+efa to ff
36
,,::!e or modify the de.....,.,,, of the Cn nt., Manager OF his d
37
light of the reGGFnrnpnd;;tinnq of the EAr
38
39
40
41
147
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
~Bold text indicates a defined term
26 -- This page intentionally left blank --
27
148
I:\09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt\CCPCmar24 PKT4 (031810).doc
Text underlined is new text to be added.
Bold text indicates a defined term
1 LDC Amendment Request
( 2
3
4 ORIGIN: Community Development & Environmental Services
5
6 AUTHOR: Staff
7
8 DEPARTMENT: CDES - Zoning & Land Development Review
9
10 AMENDMENT CYCLE: 2009 Cycle 1
11
12 LDC PAGE: LDC10:151
13
14 LDC SECTION(S): 10.03.05 Notice Requirements for Public Hearings Before the BCC,
15 the Planning Commission, the Board of Zoning Appeals,
16 the EAC, and the Historic Preservation Board
17 CHANGE: To return language previously removed that provides for notification to property
18 owners, with regard to neighborhood information meetings.
19
20 REASON: Scrivener's error.
21
22 FISCAL & OPERATIONAL IMPACTS: None
'3
24 RELATED CODES OR REGULATIONS: None
25
26 GROWTH MANAGEMENT PLAN IMPACT: None.
27
28 OTHER NOTESNERSION DATE: Created January 14, 2010. Modified March 15, 2010.
29
30
31 Amend the LDC as follows:
32
33
34 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning
35 Commission, the Board of Zoning Appeals, The EAC, and the Historic
36 Preservation Board
37 x
38
39 F. Public participation requirements for small -scale or other site - specific comprehensive
40 plan amendments, rezonings, PUD amendments, conditional uses, Mixed Use Projects
41 (MVPs), variances and parking exemptions.
42
43 2. Written notice of the meeting shall be sent to all property owners who are
44 required to receive legal notification from the county pursuant to subsection
45 10.03.05 B.10. or 11. Written notice of the meeting shall be sent to all property
6 owners within 500 feet of the property lines of the land for which the amendment
47 to zoning is sought. The 500 -foot distance shall be measured from the
149
1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
Tent underlined is new text to be added.
Te
Bold text indicates a defined term
1 boundaries of the entire ownership or PUD. For properties located within areas
2 of the future land use element of the growth management plan that are not
3 designated urban, the foregoing notice requirements apply, except that written
4 notification must be sent to all property owners within 1,000 linear feet of the
5 subject property. For the purposes of this requirement, the names and
6 addresses of property owners shall be deemed those appearing on the latest tax
7 rolls of Collier county. The applicant shall provide written notice of the
8 Neighborhood Information meeting (NIM) to property owners, condominium and
9 civic associations whose members may be impacted by the proposed land use
10 changes and who have formally requested the county to be notified.
11
12
13
14
150
I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet\mar 24 CCPC pkt \CCPCmar24 PKT4 (031810).doc
�
Text underlined is new text to be added.
Text stFikethFGUqh i6 GUFFeRt text to hp delAtAd
111 7. Interim Deviations: Property owners within the Immokalee Urban Overlay
112 District may request deviations from specific dimensional requirements (noted
113 below) which are contained within sections of the Land Development Code. A
114 deviation request may be reviewed administratively or by the Planning
115 Commission depending upon its scope. This section addresses the specific
116 permissible deviations limitations thereon, and the review process.
117
118 a. Review Process. Requested deviations that meet the criteria for administrative
119 ap r� oval (insubstantial deviation) as set forth in 7c. will be reviewed through the
120 same processing_ procedures and fees associated with administrative variances
121 (Section 9.04.04) using the standards and criteria set forth below. A deviation that
122 does not meet the criteria for administrative approval (substantial deviation) will
123 be reviewed by the Planning Commission through the same processing
124 procedures and fees associated with dimensional variances (Section 9.04.00. This
125 is not intended to replace the current established process of requesting deviations
126 through the PUD rezoning process.
127
128 b. Concurrent Deviation Application required. All deviation requests shall be
129 made concurrently with an application for an SDP or amendment, SIP or
130 amendment or Final Subdivision Plat, or in the case of sign deviations, with a
131 building permit. The applicant shall list all requested deviations on the required
132 site plan(s), and shall depict the deviation(s) graphically on the plan(s). Additional
133 graphic information may also be required by staff, on a case -by case basis.
134
135 c. Insubstantial Deviations. Requested deviations that do not exceed 10 percent of
136 the required dimension, amount, size, or other applicable dimensional standard,
137 with the exception of the required number of parking spaces, which mad not
138 exceed 20 percent of the LDC requirement (not more than 10 spaces) are herein
139 defined as insubstantial and may be approved by staff in conjunction with the
140 review of an associated application for Final Local Development Order (site plan,
141 site improvement plan, plats and amendments) utilizing the following review
142 criteria.
143
144 i. The proposed deviation pursuant to an addition, alteration, or rehabilitation is
145 compatible with adjacent land uses and structures, achieves the requirements of
146 the regulations as closely as is practicable, is consistent with the Growth
147 Management Plan and the intent of the related Land Development Code
148 regulations.
149
150 ii. The applicant proposes equitable tradeoffs for the proposed diminution
151 in development standards, specifically increased open space,
152 landscaping, pedestrian spaces, buffering and architectural features, in
153 order to meet the intent of the reaulation being diminished.
154
Page 6 of 10
3 -Zy -io
Text underlined is new text to be added.
Text 6tNiethFough 06 GUFFent text te he deleted
243
Space Requirements, utilizing the existing administrative deviation
244
process set forth in LDC Section 4.05.04.F.2., recognizing that the reduced
245
need for off - street parking in Immokalee may be offered as a viable basis
246
or such administrative deviation.
247
248
xi. 4.06.02.0 Buffer Requirements (Limited to required width).
249
250
xii. 4.06.03.B Landscaping Requirements for Vehicular Use Areas and
251
Rights-of-Way, Standards for Landscaping in Vehicular Use Areas.
252
253
xiii. 4.06.05.B General Landscaping Requirements, Landscaping
254
requirements for industrial and commercial development, limited to
255
subsection B.3.
256
257
xiv.4.06.05.0 General Landscaping Requirements, Building Foundation
258
Planting_ Requirements (including Table Inset).
259
260
Deviations to the dimensional provisions of the following three architectural
261
subsections (C., D. E.j qualify for review under the insubstantial review
262
process provided they do not exceed a 10 percent of the required dimension.
263
Dimensional deviations that exceed 10 percent and requests to deviate from
264
non - dimensional provisions of these sections only, shall be reviewed bathe
265
Planning Commission under the substantial deviation process.
266
267
xv. 5.05.08.0 Architectural and Site Design Standards, Building Design
268
Standards .
269
270
xvi. 5.05.08.D Design Standards for Specific Uses.
271
272 xvii. 5.05.08.E Architectural and Site Design Standards, Site Design
273 Standards limited to subsections Lb; 2; 3; 4; 5 and 7. Note: Nothing in
274 LDC Section 5.05.08, Architectural and Site Design Standards, shall be
275 deemed to prohibit the use murals on exterior walls of commercial
276 buildings in the Immokalee Urban Area, provided: 1) such murals are
277 reviewed and approved by the Immokalee CRA staff; and 2) such murals
278 do not contain text for the purpose of advertising the businesses within
279 the subject commercial building or any other commercial activity or
280 business.
281
282 xviii. 5.06.04 Sign Standards for Specific Situations limited to subsection
283 C.
284
285 & Duration of these provisions. These provisions are interim in nature and
286 will be in effect for 24 months from the effective date of this ordinance
287 and will no longer be in effect once the comprehensive Immokalee
Page 9 of 10
2- a3.07G
-�.7U_//)
L os. oc
(PLEASE PRINT CLEARLY)
MEETING DATE 0 (Circle Meeting Type) Regular Special Workshop Budget
T
AGENDA ITEM
AGENDA ITEM TITLE t i �Wl
NAME /QI'i c�GL� gUifat 472 ADDRESS 2k ? c�?��'� ,�tJ1�t-
Representing/ Petitioner: v 3 R4 Other:
COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD
A LI —/0