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Backup Documents 05/17/2010 LDC
BCC SPECIAL MEETING (LDC) BACK -UP DOCUMENTS MAY 17, 2010 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS t � AGENDA May 17, 2010 9:00 AM Fred W. Coyle, BCC Chairman Commissioner, District 4 Frank Halas, BCC Vice - Chairman Commissioner, District 2 Jim Coletta, BCC Commissioner, District 5 Donna Fiala, BCC Commissioner, District 1 Tom Henning, BCC Commissioner, District 3 NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUINTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OFTEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE. THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252 -8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONER'S OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. Page 1 Q.A2010 Recaps \May 17 (action). doc PLEDGE OF ALLEGIANCE 2, ADVERTISED PUBLIC HEARINGS A. Land Development Code (LDC) Amendments Subsection Descri tion I Author Publication Sum, Page Private Petitions 2.03.04,4 La Industrial Zoning Districts (PL2009 -338) A. Pires BCC 0505 -Book I H 43 Approved - 5/0 1.08.02, Private Petition (PL2009 -467) B. Duane BCC 0505 -Book I N 83 2,05.01 Definitions - Density Standards and i Iousing'types R. Yovanovieh Approved - 5/0 3.04.01, 3.04.02 Protection of Endangered- Threatened -or Listed S. Lenberger BCC 0505 -Book I O 91 3.04.03, 3.04 04 Species - Listed Plants LI Approved - 5/0 —365 07 A -B Native vegetation Definition Single - Family S. Lenberger BCC 0505 -Book I P 109 Preserve Setback Clarification I Approved - 5/0 3.05.07 H.I b Preserve Dimensional Criteria 5. Lenberger BCC 0505 -Hook I Q 117 Approved - 5/0 105.07 H. Ld Conservation Mechanisms S. Lenberger BCC 0505 -Book 1 Q 121 Approved - 510 ;x5.07 H. I .e Preservation Standards —created preserves S. Lenberger i BCC 0505 -Book I R 125 Approved - 5/0 3.05.07 H.I.g Preservation Standards S. Lenberger BCC 0505 -Book I S 141 — Preserve Management Plans Approved w /additional vesting clause - 510 3,05 07 H.1h 1 Preservation Standards S. Lenberger BCC 0505 -Book I S 147 — Recreational Uses in Preserves Approved w /changes entered into Management Plan - 5/0 —T05 07 1 1 I n Preservation Standards S. Lenberger BCC 0505 -Rook I 'f 159 — Stormwater Uses in Preserves Approved - 510 —to .02.02 A Submittal Requirements S. Lenberger BCC: 0505 -Book I HH 277 — Environmental Impact Statements (EIS) Approved w /change to Code of Laws & Ord. -5/0 Page 2 Q 12010 Recaps \May 17 (action) -doc 10.02.06 1 Change the requirement for annual vehicle on S. Lenberger BCC 0505 -Book 1 HH 297 the beach (VOB) permits to a one -time permit Approved - 510 Pollution Control 3.06 06 C Re ulated Well welds - GG R. Smith BCC 0505 -Book 1 'f 165 3.06.06 E Regulated Well telds - FGUAGGC R. Smith BCC 0505 -Book I T 167 3.06.06 F Regulated Well gilds - Orange Tree R. Smith BCC 0505 -Book I 'r 169 3.06.06 H Regulated Well telds -AM R. Smith BCC 0505 -Book 1 "f 171 3.06.06 H Regulated Well fields -- Ave Marta R. Smith BCC 0505 -Book I 1' 173 Approved - 5/0 Submittal Requirements for COAs Patterson /Casalanguid BCC 0505 -Book 1 11 305 10 02.07 C Continued er a enda chan es 1.08.022 Definitions Subdivision -Minor Houldsworth BCC 0505 -Book I B 5 Approved - 5/0 1.08.02 Definitions —Lots, corner - interior - through S. Chrzanowski BCC 0505 -Book I C 7 Approved - 510 4.05.02 M Typical Off - Street Parking Design - Exhibit A S. Chrzanowski BCC 0505 -Book I Z 187 Approved - 510 4.05.04 Parking Space Requirements S. Istenes for Kelly BCC 0505 -Book I Z 191 Approved - 510 4.06.01 Generally S. Chrzanowski BCC 0505 -Book I AA 195 6.06.05 Clear Site Distance S. Istenes Approved - 510 "C Plannintz 2.03.07 DA Early Entry TDR Program Extension M. Mosca BCC 0505 -Book I 1 45 Approved - 510 5.04.04 Model I Tomes and Sales Centers D, Weeks BCC 0505 -Book I BB 213 Approved - 5/0 1.08 01, 1.08 02 School Board Concurrency M. Mosca, BCC 0505 -Book I KK 335 4.08.07, 60209 A. Taylor 1002 04, 10.02.07, 10.04.09, 10- 02.12, 10- 02.13. 10 -04.00 Approved - 5/0 Page 3 02010 Recaps \May 17 (action). doc 2.03.08 A.4 Aquaculture BCC Directed BCC 0505 -Book I L 63 (prohibition within REMU Sending) J. Wright Approved w /modification and additional language to be added when amendment come back to the BCC - 4/1 (Commissioner Henning opposed) 2.01 00 Generally (parking/use of recreational vehicles) BCC 0505 -Book I E 9 To move by ordinance as a separate public hearing – Approved 4/1 (Commissioner Fiala opposed) 8- 03.00, Deletion of Advisory Boards BCC 0505 -Book 1 FF 249 8.03.01, 8.03 -02 8.03 -03, 8.03.04 8.03.05, 8.03.06 8.03.07, 8.03.08 8.04.00, 8 -04.01 80402,804 03 8 04 04, 8 -04.05 8.04.06, 8,05 00 8.05.01, 8.05 02 8.05.03, 8.05.04 805.05, 8.06.00 8.06.01, 8.06.02 8.06.03, 8.06.04 8.06 05, 8.06.06 8.06.07, 8.06.08 8.06.09, 8,06 10 8.07.00, 8,07 01 8.07.02, 8.0703, 8.07.04, 8.07 .05 Approved 4/1 (Commissioner Fiala opposed) I.VU.VG LGIIIIIII VII]- II WGIIIII� Approved - 5/0 S. Istenes for Fabacher I BCC 0505 -Book 1 I A 2.03.01 B.I.b Estates- Accessory Uses -411 Hogs BCC Directed BCC 0505 -Book 1 F 23 5.04.05 S. Istenes for Kelly A roved - 5/0 2.03 03 F Travel= frailer Rec Vehicle Campground BCC Directed BCC 0505 -Book I H 35 ('I-'I-RVC)— Park models from 480 to 500 sq.ft. , S. Istenes for Kelly Approved - 510 2.03.07 1.6 Bayshore Mixed Use Overlay District (BMUD) Sr Istenes BCC 0505 -book I j 59 Approved - 5/0 2.03.071 Goodland Overlay Zoning District (GZO) S. Istenes BCC 0505 -Book I J 61 Approved - 510 2.04.00, 2.04.01 Scrivener's errors, multiple (strike -outs from S. Istenes for Fabaeher BCC 0505 -Book I M 71 2 04 02, 2.04.03 table de- conversion were not entered in 4.02.02, & ordinance version). 402.29 Page 4 Q:A2010 Recaps \May 17 (action).doc 2. ADJOURN Motion to continue to June 2, 2010 - Approved 510 INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252 -8383, Page 5 Q.�2010 Recaps \May 17 (action). doc Approved - 510 4,02.01 D.9 Dimensional Standards for Principal Uses in BCC Directed BCC 0505 -Book I W 175 Base Zoning Districts —Pool Pumps S. Istenes Approved - 5/0 4.02.35 B.2 GTMUD, figures 1 -3 -4 -5 S. Istenes for Fabacher BCC 0505 -Book I X 179 Approved - 5/0 4,06.05 D.4 General Landscaping Requirements S. Istenes for McNall BCC 0505 -Book I AA 199 - Plant Material Standards Approved - 5/0 5.03.02 Fences and Walls S. Istenes BCC 0505 -Book 1 BB 201 Approved - 5/0 5.04.01. 5.04 05 Re -write of Temporary Use Permit section S. Istenes for Kelly BCC 0505 -Book I CC 215 5.04.06, 5.04.07 5.04.08, 10.02 .0 G, and Appendix G Approved - 5/0 5,05.05 _ Automobile Service Stations — Returning S. Istenes BCC 0505 -Book I FE 243 portions of code lost during re- codification; DSAC found that side and rear setbacks for properties abutting non - residential to be extrem and had desire to change them, requesting that such SBs be brought back next cycle to evaluate Approved - 510 10.02.13 Planned Unit Development (PUD) Procedures S. Istenes for Devanas BCC 0505 -Book 1 II 329 Approved - 5/0 i l 10.03.05 Notice Requirements for Public Hearings Before S. Istenes BCC 0505 -Book I JJ 331 the BUG CCPC, BZA, EAC, etc... Approved - 5/0 10.03.05 B & F Notice Requirements for Public Hearings S. Istenes BCC 0505 -Book I KK 333 A roved - 5/0 2. ADJOURN Motion to continue to June 2, 2010 - Approved 510 INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252 -8383, Page 5 Q.�2010 Recaps \May 17 (action). doc NEXT MEETING DATES ACClDGMPPT-PlG2 MAY20 all 4-05 . Canceled BCC LDC MEETING 3 - JUNE 2, 2010 at 9:00 a.m. Subsection Description I Author Publication Sum. Pa e. postponed item (s) from prior meeting, not yet heard - see above table for details. 2.03 07 G Immokalee Overlay Deviation Process / Interim (LDCA- 2009 -AR -14280 R. Mulhere 'C" � 1 -49 5.05.02 MPP- Shoreline Calculations S. Lenber cr W;C- 9343 -�3k-+ pp 239 BCC LDC MEETING 4 -JUNE 10, 2010 at 9:00 a.m. Page 6 Q �2010 Recaps \May 17 (action).doc Ann P. Jennejohn From: RannirozMoathor[Hoa1horRnnoivaz@oo||iorgovoot] Sent: Friday, April 1G'2V109:15AK4 To: Minutes and Records Cc Kelly, John Subject: LDC Legal AU for May 17thBCC Attachments: BCC for May 172010 Ow) (3)doo, Legal AdLDC5'17dotx |nopndanoo: High Good Morning, P!08se,Gdver-tiSe this Legal 8d for the May 17.201O BCC meeting, ihave�iAdUnmjiMo 'e Thanks! Please let r8e know if there iS any issues. Information Desk |1�rhoiciuo ,8UU�4 Hornuoh*c[)|���u \uy|cs�fLj4|V4 401 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) Originating Dept/ Div: CDES. /Zoning Person: John Kelly, Planner Date: 4/15/2010 Petition No. (If none, give brief description): LDC Notice of Land Development Code Change LDC Amendment Cycle 2009 -1 Petitioner: (Name & Address): Collier County Zoning Department Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before BCC BZA Other Requested Hearing date: May 17, 2010 _ Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News . Other Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 - GENERAL. PROVISIONS, INCLUDING SECTION 1.08.01 ABBREVIATIONS, SECTION 1.08.02 DEFINITIONS; CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING TABLE OF CONTENTS, SECTION 2.01.00 GENERALLY, SECTION 2.03.01 AGRICULTURAL ZONING DISTRICTS, SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03.04 INDUSTRIAL DISTRICT (I), SECTION 2.03.07 OVERLAY ZONING DISTRICTS, SECTION 2.03.08 RURAL, FRINGE ZONING DISTRICTS, SECTION 2.04.00 PERMISSIBLE, CONDITIONAL AND ACCESSORY USES IN ZONING DISTRICTS, 2.04.01 RULES FOR INTERPRETATION OF USES, SECTION 2.04.02 EFFECT OF APPROVALS UNDER THE ZONING REEVALUATION ORDINANCE, SECTION 2.04.03 RESERVED, SECTION 2.05.01 DENSITY STANDARDS AND HOUSING TYPES; CHAPTER THREE — RESOURCE PROTECTION, INCLUDING SECTION 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES, SECTION 3.04.01 GENERALLY, SECTION 3.04.02 SPECIES SPECIFIC REQUIREMENTS, ADDING SECTION 3.04.03 REQUIREMENTS FOR PROTECTED PLANTS, SECTION 3.04.04 PENALTIES FOR VIOLATION: RESORT TO OTHER REMEDIES, SECTION 3.05.07 PRESERVATION STANDARDS, SECTION 3.06.06 REGULATED WELLFIELDS; CHAPTER FOUR - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING ADDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.02 DIMENSIONAL STANDARDS FOR CONDITIONAL USES AND ACCESSORY USES IN BASE ZONING DISTRICTS, SECTION 4.02.12 SAME — OUTDOOR STORAGE, SECTION 4.02.29 SAME -FARM MARKET OVERLAY SUBDISTRICT, SECTION 4.02.32 SAME — MAIN STREET OVERLAY SUBDISTRICT, SECTION 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD -MIXED USE SUBDISTRICT (MXD), SECTION 4.05.02 DESIGN STANDARDS, SECTION 4.05.04 PARKING SPACE REQUIREMENTS, SECTION 4.06.01 GENERALLY, SECTION 4.06.05 GENERAL LANDSCAPING REQUIREMENTS, SECTION 4.08.07 SRA DESIGNATION; CHAPTER FIVE — SUPPLEMENTAL STANDARDS INCLUDING SECTION 5.03.02 FENCES AND WALLS, SECTION 5.04.01 GENERALLY (TO BE PROVIDED), SECTION 5.04.04 MODEL HOMES AND MODEL SALES CENTERS, SECTION 5.04.05 TEMPORARY EVENT'S, SECTION 5.04.06 TEMPORARY SIGNS, SECTION 5.04.07 — ANNUAL BEACH EVENTS PERMITS, SECTION 5.04.08 )RESERVED], SECTION 5.05.02 MARINAS, 5.05.05 AUTOMOBILE SERVICE STATIONS, SECTION 5.05.10 ,TRAVEL TRAILER AND RECREATIONAL VEHICLE PARK DESIGN STANDARDS, SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS; CHAPTER SIX — INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.02.09 PUBLIC SCHOOL FACILITIES LEVEL OF SERVICE REQUIREMENTS, SECTION 6.06.05 CLEAR SIGHT DISTANCE; CHAPTER EIGHT — DECISION- MAKING AND ADMINISTRATIVE BODIES, INCLUDING SECTION 8.03.01 )PLANNING COMMISSION) ESTABLISHMENT; POWERS AND DUTIES, SECTION 8.03.02 MEMBERSHIP, SECTION 8.03.03 QUORUM AND VOTING, SECTION 8.03.04 RULES OF PROCEDURE, SECTION 8.03.05 COMPENSATION, SECTION 8.03.06 MEETINGS, SECTION 8.03.07 STAFF, SECTION 8.03.08 APPEALS, SECTION 8.04.01 [BOARD OF ZONING APPEALS] ESTABLISHMENT; POWERS AND DUTIES, 8.04.02 MEMBERSHIP, 8.04.03 QUORUM AND VOTING, SECTION 8.04.04 RULES OF PROCEDURE, SECTION 8.04.05 COMPENSATION, SECTION 8.04.06 MEETINGS, SECTION 8.05.01 ]BUILDING BOARD OF ADJUSTMENTS AND APPEALS] ESTABLISHMENT AND PURPOSE, SECTION 8.05.02 POWERS AND DUTIES, SECTION 8.05.03 MEMBERSHIP, SECTION 8.05.04 QUORUM, SECTION 8.05.05 RULES OF PROCEDURE, SECTION 8.06.01 [ENVIRONMENTAL ADVISORY COUNCIL] ESTABLISHMENT, SECTION 8.06.02 PURPOSE, SECTION 8.06.03 POWERS AND DUTIES, SECTION 8.06.04 MEMBERSHIP, SECTION 8.06.05 QUORUM AND VOTING, SECTION 8.06.06 RULES OF PROCEDURE, SECTION 8.06.07 COMPENSATION, SECTION 8.06.08 MEETINGS, SECTION 8.06.09 EVALUATION OF THE EAC; SECTION 8.06.10 APPEAL, SECTION 8.07.01 [HISTORIC /ARCHAEOLOGIC PRESERVATION BOARD] ESTABLISHMENT, SECTION 8.07.02 POWERS AND DUTIES, SECTION 8.07.03 MEMBERSHIP, SECTION 8.07.04 COMPENSATION, SECTION 8.07.05 MEETINGS; CHAPTER TEN — APPLICATION, REVIEW, AND DECISION - MAKING PROCEDURES, INCLUDING SECTION 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS, SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SECTION 10.02.04 SUBMIT'T'AL REQUIREMENTS FOR PLATS, SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SECTION 10.02.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY, SECTION 10.02.12 RESERVED, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SECTION 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD, SECTION 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP, THE LDC OR THE GMP, SECTION 10.04.09 REQUEST FOR CONTINUANCE OF PUBLIC HEARING [RESERVED]; APPENDIX G ANNUAL BEACH EVENT STANDARD PERMIT CONDITIONS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: �f}�4500C���i Reviewed by:� Division Administrator or Designee Date List Attachments: DISTRIBUTION INSTRUCTIONS A . _For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office A . Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: rr /� Sun Date Received: 't-11010 Date of Public hearing: J���� Date advertised: 5-710 April 13, 2010 Naples Daily News 1075 Central Avenue Naples, Florida 33940 ATTENTION: LEGAL ADVERTISING Please publish the following public notice, for a Display. Y. page, with no map attached, Legal Notice in your edition of Sunday, May 2, 2010 edition and furnish proof of publication of each advertisement to the Collier County Community Development and Environmental Services Building, Department of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Heather Ramirez and PLEASE SEND DUPICATE ORIGINAL to Heidi Ashton - Cicko, Esq., Assistant County Attorney, Office of the Collier County Attorney, 3301 East Tamiami Trail, 8th Floor, Naples, Florida 34112. Monday May 17, 2010 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTICE OF LAND DEVELOPMENT CODE CHANGE LDC AMENDMENT CYCLE 2009 -1 Notice is hereby given that on Monday May 17, 2010 at 9:00 A.M., in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The Collier County Board of County Commissioners proposes to take under advisement amendments to the Collier County Land Development Code, the title of which is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SECTION 1.08.01 ABBREVIATIONS, SECTION 1.08.02 DEFINITIONS; CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING TABLE OF CONTENTS, SECTION 2.01.00 GENERALLY, SECTION 2.03.01 AGRICULTURAL ZONING DISTRICTS, SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03.04 INDUSTRIAL DISTRICT (1), SECTION 2.03.07 OVERLAY ZONING DISTRICTS, SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS, SECTION 2.04.00 PERMISSIBLE, CONDITIONAL AND ACCESSORY USES IN ZONING DISTRICTS, 2.04.01 RULES FOR INTERPRETATION OF USES, SECTION 2.04.02 EFFECT OF APPROVALS UNDER THE ZONING REEVALUATION ORDINANCE, SECTION 2.04.03 RESERVED, SECTION 2.05.01 DENSITY STANDARDS AND HOUSING TYPES; CHAPTER THREE — RESOURCE PROTECTION, INCLUDING SECTION 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES, SECTION 3.04.01 GENERALLY, SECTION 3.04.02 SPECIES SPECIFIC REQUIREMENTS, ADDING SECTION 3.04.03 REQUIREMENTS FOR PROTECTED PLANTS, SECTION 3.04.04 PENALTIES FOR VIOLATION: RESORT TO OTHER REMEDIES, SECTION 3.05.07 PRESERVATION STANDARDS, SECTION 3.06.06 REGULATED WELLFIELDS; CHAPTER FOUR - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING ADDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.02 DIMENSIONAL STANDARDS FOR CONDITIONAL USES AND ACCESSORY USES IN BASE ZONING DISTRICTS, SECTION 4.02.12 SAME - OUTDOOR STORAGE, SECTION 4.02.29 SAME -FARM MARKET OVERLAY SUBDISTRICT, SECTION 4.02.32 SAME - MAIN STREET OVERLAY SUBDISTRICT, SECTION 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD -MIXED USE SUBDISTRICT (MXD), SECTION 4.05.02 DESIGN STANDARDS, SECTION 4.05.04 PARKING SPACE REQUIREMENTS, SECTION 4.06.01 GENERALLY, SECTION 4.06.05 GENERAL LANDSCAPING REQUIREMENTS, SECTION 4.08.07 SRA DESIGNATION; CHAPTER FIVE - SUPPLEMENTAL STANDARDS INCLUDING SECTION 5.03.02 FENCES AND WALLS, SECTION 5.04.01 GENERALLY (TO BE PROVIDED), SECTION 5.04.04 MODEL HOMES AND MODEL SALES CENTERS, SECTION 5.04.05 TEMPORARY EVENTS, SECTION 5.04.06 TEMPORARY SIGNS, SECTION 5.04.07 - ANNUAL BEACH EVENTS PERMITS, SECTION 5.04.08 [RESERVED], SECTION 5.05.02 MARINAS, 5.05.05 AUTOMOBILE SERVICE STATIONS, SECTION 5.05.10 TRAVEL TRAILER AND RECREATIONAL VEHICLE PARK DESIGN STANDARDS, SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS; CHAPTER SIX - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.02.09 PUBLIC SCHOOL FACILITIES LEVEL OF SERVICE REQUIREMENTS, SECTION 6.06.05 CLEAR SIGHT DISTANCE; CHAPTER EIGHT - DECISION - MAKING AND ADMINISTRATIVE BODIES, INCLUDING SECTION 8.03.01 [PLANNING COMMISSION] ESTABLISHMENT; POWERS AND DUTIES, SECTION 8.03.02 MEMBERSHIP, SECTION 8.03.03 QUORUM AND VOTING, SECTION 8.03.04 RULES OF PROCEDURE, SECTION 8.03.05 COMPENSATION, SECTION 8.03.06 MEETINGS, SECTION 8.03.07 STAFF, SECTION 8.03.08 APPEALS, SECTION 8.04.01 [BOARD OF ZONING APPEALS] ESTABLISHMENT; POWERS AND DUTIES, 8.04.02 MEMBERSHIP, 8.04.03 QUORUM AND VOTING, SECTION 8.04.04 RULES OF PROCEDURE, SECTION 8.04.05 COMPENSATION, SECTION 8.04.06 MEETINGS, SECTION 8.05.01 [BUILDING BOARD OF ADJUSTMENTS AND APPEALS] ESTABLISHMENT AND PURPOSE, SECTION 8.05.02 POWERS AND DUTIES, SECTION 8.05.03 MEMBERSHIP, SECTION 8.05.04 QUORUM, SECTION 8.05.05 RULES OF PROCEDURE, SECTION 8.06.01 [ENVIRONMENTAL ADVISORY COUNCIL] ESTABLISHMENT, SECTION 8.06.02 PURPOSE, SECTION 8.06.03 POWERS AND DUTIES, SECTION 8.06.04 MEMBERSHIP, SECTION 8.06.05 QUORUM AND VOTING, SECTION 8.06.06 RULES OF PROCEDURE, SECTION 8.06.07 COMPENSATION, SECTION 8.06.08 MEETINGS, SECTION 8.06.09 EVALUATION OF THE EAC; SECTION 8.06.10 APPEAL, SECTION 8.07.01 [HISTORIC /ARCHAEOLOGIC PRESERVATION BOARD] ESTABLISHMENT, SECTION 8.07.02 POWERS AND DUTIES, SECTION 8.07.03 MEMBERSHIP, SECTION 8.07.04 COMPENSATION, SECTION 8.07.05 MEETINGS; CHAPTER TEN — APPLICATION, REVIEW, AND DECISION - MAKING PROCEDURES, INCLUDING SECTION 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS, SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SECTION 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SECTION 10.02.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY, SECTION 10.02.12 RESERVED, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SECTION 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD, SECTION 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP, THE LDC OR THE GMP, SECTION 10.04.09 REQUEST FOR CONTINUANCE OF PUBLIC HEARING [RESERVED]; APPENDIX G ANNUAL BEACH EVENT STANDARD PERMIT CONDITIONS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Zoning and Land Development Review Section, Community Development and Environmental Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he 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. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE. CHAIR Ann P. Jennejohn From: RamirezHeather [HeatherRamirez @colliergov.net] Sent: Friday, April 16, 2010 1:00 PM To: Ann P. Jennejohn Subject: RE: LDC Legal Ad for May 17th BCC Here is the PO Number: 4500096189 for Account Number: 068779. Heather Ramirez Information Desk 252 -2400 From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com] Sent: Friday, April 16, 2010 10:41 AM To: RamirezHeather Subject: RE: LDC Legal Ad for May 17th BCC Sounds great. I love your little lady bug! From: RamirezHeather [mailto :HeatherRamirez @ colliergov.net] Sent: Friday, April 16, 2010 10:13 AM To: Ann P. Jennejohn Subject: RE: LDC Legal Ad for May 17th BCC Whew, you scared me. I will email the PO number around 12 noon. Heather Ramirez JO Information Desk 252 -2400 From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com] Sent: Friday, April 16, 2010 10:13 AM To: RamirezHeather Subject: RE: LDC Legal Ad for May 17th BCC Ray's signature is just fine O Thanks again. Ann From: RamirezHeather [mailto :HeatherRamirez @ colliergov.net] Sent: Friday, April 16, 2010 9:50 AM To: Ann P. Jennejohn Subject: RE: LDC Legal Ad for May 17th BCC Account #068779 April 21, 2010 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: LDC Amendment Code Changes - CYCLE 2009 -1 (Display Ad) Dear Legals: Please advertise the above referenced notice on Sunday, May 2, 2010, and kindly send the Affidavit of Publication, in TRIPLICATE, together with charges involved to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500096189 April 21, 2010 Naples Daily News 1075 Central Avenue Naples, Florida 33940 ATTENTION: LEGAL ADVERTISING Please publish the following public notice, for a Display.' /. pa-ge. with no map attached, Legal Notice in your edition of Sunday, May 2, 2010 edition and furnish proof of publication of each advertisement to the Collier County Community Development and Environmental Services Building, Department of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Heather Ramirez and PLEASE SEND DUPICATE ORIGINAL to Heidi Ashton - Cicko, Esq., Assistant County Attorney, Office of the Collier County Attorney, 3301 East Tamiami Trail, 8th Floor, Naples, Florida 34112. Monday May 17, 2010 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTICE OF LAND DEVELOPMENT CODE CHANGE LDC AMENDMENT CYCLE 2009 -1 Notice is hereby given that on Monday May 17, 2010 at 9:00 A.M., in the Board of County Commissioners Meeting Room, 3rtl Floor, Building "F," Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The Collier County Board of County Commissioners proposes to take under advisement amendments to the Collier County Land Development Code, the title of which is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SECTION 1.08.01 ABBREVIATIONS, SECTION 1.08.02 DEFINITIONS; CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING TABLE OF CONTENTS, SECTION 2.01.00 GENERALLY, SECTION 2.03.01 AGRICULTURAL ZONING DISTRICTS, SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03.04 INDUSTRIAL DISTRICT (1), SECTION 2.03.07 OVERLAY ZONING DISTRICTS, SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS, SECTION 2.04.00 PERMISSIBLE, CONDITIONAL AND ACCESSORY USES IN ZONING DISTRICTS, 2.04.01 RULES FOR INTERPRETATION OF USES, SECTION 2.04.02 EFFECT OF APPROVALS UNDER THE ZONING REEVALUATION ORDINANCE, SECTION 2.04.03 RESERVED, SECTION 2.05.01 DENSITY STANDARDS AND HOUSING TYPES; CHAPTER THREE — RESOURCE PROTECTION, INCLUDING SECTION 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES, SECTION 3.04.01 GENERALLY, SECTION 3.04.02 SPECIES SPECIFIC REQUIREMENTS, ADDING SECTION 3.04.03 REQUIREMENTS FOR PROTECTED PLANTS, SECTION 3.04.04 PENALTIES FOR VIOLATION: RESORT TO OTHER REMEDIES, SECTION 3.05.07 PRESERVATION STANDARDS, SECTION 3.06.06 REGULATED WELLFIELDS; CHAPTER FOUR - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING ADDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.02 DIMENSIONAL STANDARDS FOR CONDITIONAL USES AND ACCESSORY USES IN BASE ZONING DISTRICTS, SECTION 4.02.12 SAME - OUTDOOR STORAGE, SECTION 4.02.29 SAME -FARM MARKET OVERLAY SUBDISTRICT, SECTION 4.02.32 SAME - MAIN STREET OVERLAY SUBDISTRICT, SECTION 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD -MIXED USE SUBDISTRICT (MXD), SECTION 4.05.02 DESIGN STANDARDS, SECTION 4.05.04 PARKING SPACE REQUIREMENTS, SECTION 4.06.01 GENERALLY, SECTION 4.06.05 GENERAL LANDSCAPING REQUIREMENTS, SECTION 4.08.07 SRA DESIGNATION; CHAPTER FIVE - SUPPLEMENTAL STANDARDS INCLUDING SECTION 5.03.02 FENCES AND WALLS, SECTION 5.04.01 GENERALLY (TO BE PROVIDED), SECTION 5.04.04 MODEL HOMES AND MODEL SALES CENTERS, SECTION 5.04.05 TEMPORARY EVENTS, SECTION 5.04.06 TEMPORARY SIGNS, SECTION 5.04.07 - ANNUAL BEACH EVENTS PERMITS, SECTION 5.04.08 [RESERVED], SECTION 5.05.02 MARINAS, 5.05.05 AUTOMOBILE SERVICE STATIONS, SECTION 5.05.10 TRAVEL TRAILER AND RECREATIONAL VEHICLE PARK DESIGN STANDARDS, SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS; CHAPTER SIX - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.02.09 PUBLIC SCHOOL FACILITIES LEVEL OF SERVICE REQUIREMENTS, SECTION 6.06.05 CLEAR SIGHT DISTANCE; CHAPTER EIGHT - DECISION - MAKING AND ADMINISTRATIVE BODIES, INCLUDING SECTION 8.03.01 [PLANNING COMMISSION] ESTABLISHMENT; POWERS AND DUTIES, SECTION 8.03.02 MEMBERSHIP, SECTION 8.03.03 QUORUM AND VOTING, SECTION 8.03.04 RULES OF PROCEDURE, SECTION 8.03.05 COMPENSATION, SECTION 8.03.06 MEETINGS, SECTION 8.03.07 STAFF, SECTION 8.03.08 APPEALS, SECTION 8.04.01 [BOARD OF ZONING APPEALS] ESTABLISHMENT; POWERS AND DUTIES, 8.04.02 MEMBERSHIP, 8.04.03 QUORUM AND VOTING, SECTION 8.04.04 RULES OF PROCEDURE, SECTION 8.04.05 COMPENSATION, SECTION 8.04.06 MEETINGS, SECTION 8.05.01 [BUILDING BOARD OF ADJUSTMENTS AND APPEALS] ESTABLISHMENT AND PURPOSE, SECTION 8.05.02 POWERS AND DUTIES, SECTION 8.05.03 MEMBERSHIP, SECTION 8.05.04 QUORUM, SECTION 8.05.05 RULES OF PROCEDURE, SECTION 8.06.01 [ENVIRONMENTAL ADVISORY COUNCIL] ESTABLISHMENT, SECTION 8.06.02 PURPOSE, SECTION 8.06.03 POWERS AND DUTIES, SECTION 8.06.04 MEMBERSHIP, SECTION 8.06.05 QUORUM AND VOTING, SECTION 8.06.06 RULES OF PROCEDURE, SECTION 8.06.07 COMPENSATION, SECTION 8.06.08 MEETINGS, SECTION 8.06.09 EVALUATION OF THE EAC; SECTION 8.06.10 APPEAL, SECTION 8.07.01 [HISTORIC /ARCHAEOLOGIC PRESERVATION BOARD] ESTABLISHMENT, SECTION 8.07.02 POWERS AND DUTIES, SECTION 8.07.03 MEMBERSHIP, SECTION 8.07.04 COMPENSATION, SECTION 8.07.05 MEETINGS; CHAPTER TEN — APPLICATION, REVIEW, AND DECISION - MAKING PROCEDURES, INCLUDING SECTION 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS, SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SECTION 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SECTION 10.02.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY, SECTION 10.02.12 RESERVED, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SECTION 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD, SECTION 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP, THE LDC OR THE GMP, SECTION 10.04.09 REQUEST FOR CONTINUANCE OF PUBLIC HEARING [RESERVED]; APPENDIX G ANNUAL BEACH EVENT STANDARD PERMIT CONDITIONS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Zoning and Land Development Review Section, Community Development and Environmental Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday and in the Clerk to the Board, Minutes and Records Department, 3301 Tamiami Trail East, Naples, Florida. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he 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. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIR Ann P. Jennejohn To: Naples Daily News Legals Subject: LDC Amendment Code Changes Cycle 2009 -1 Attachments: BCC -LDC Cycle 2009 -1 (5- 17- 10).doc; BCC LDC May 17 Legal Notice.doc Good Afternoon, Please advertise the attached DISPLAY Ad on Sunday, May 2, 2010. Thank you. Ann Jennejohn, Deputy Clerk Clerk to the BCC /VAB Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252- 8408(fax) Ann Jennejohn, Deputy Clerk Clerk to the BCC /VAB Collier County Minutes & Records Dept. 239 - 252 -8406 239- 252- 8408(fax) Ann P. Jennejohn From: postmaster @collierclerk.com Sent: Wednesday, April 21, 2010 4:08 PM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT248922.txt, LDC Amendment Code Changes Cycle 2009 -1 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com Ann P. Jennejohn From: Pagan, Emely [EPagan @Naplesnews.com] Sent: Thursday, April 22, 2010 1:40 PM To: Ann P. Jennejohn Subject: RE: LDC Amendment Code Changes Cycle 2009 -1 re" From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com] Posted At: Wednesday, April 21, 2010 4:08 PM Posted To: Legals - NDN Conversation: LDC Amendment Code Changes Cycle 2009 -1 Subject: LDC Amendment Code Changes Cycle 2009 -1 Good Afternoon, Please advertise the attached DISPLAY Ad on Sunday, May 2, 2010. Thank you. Ann Jennejohn, Deputy Clerk Clerk to the BCC /VAB Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252- 8408(fax) Ann Jennejohn, Deputy Clerk Clerk to the BCC /VAB Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252- 8408(fax) Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodesk@collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Ann P. Jennejohn From: ccushman @naplesnews.com Sent: Monday, April 26, 2010 1:19 PM To: Ann P. Jennejohn Subject: 231175501 BCC /ZONING DEPARTMENT Attachments: 231175501. pdf For your review Ad #231175501running May 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTICE OF LAND DEVELOPMENT CODE CHANGE LDC AMENDMENT CYCLE 2009.1 Notice is hereby given that on Monday May 17, 2010 at g:D0 A.M., in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F,' Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The Collier County Board of County Commissioners proposes to take under advisement amendments to the Collier County Land Development Code, the title of which is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING OR- DINANCE NUMBER 04.41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SECTION 1.08.01 ABBREVIATIONS, SECTION 1.08.02 DEFINITIONS; CHAP- TER TWO - ZONING DISTRICTS AND USES, INCLUDING TABLE OF CONTENTS, SECTION 2.01.00 GENERALLY, SEC- TION 2.03.01 AGRICULTURAL ZONING DISTRICTS, SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03.04 INDUSTRIAL DISTRICT (1), SECTION 203.07 OVERLAY ZONING DISTRICTS, SECTION 2.01 RURAL FRINGE ZONING DISTRICTS, SECTION 2.04.00 PERMISSIBLE, CONDITIONAL AND ACCESSORY USES IN ZONING DISTRICTS, 2.04.01 RULES FOR INTERPRETATION OF USES, SECTION 2.04.02 EFFECT OF APPROVALS UNDER THE ZONING REEVALUATION ORDINANCE, SECTION 204.03 RESERVED, SECTION 205.01 DENSITY STANDARDS AND HOUS- ING TYPES; CHAPTER THREE - RESOURCE PROTECTION, INCLUDING SECTION 3.04.00 PROTECTION OF ENDAN- GERED, THREATENED, OR LISTED SPECIES, SECTION 3.04.01 GENERALLY, SECTION 3.04.02 SPECIES SPECIFIC REQUIREMENTS, ADDING SECTION 3.04.03 REQUIREMENTS FOR PROTECTED PLANTS, SECTION 3.04.04 PENAL- TIES FOR VIOLATION: RESORT TO OTHER REMEDIES, SECTION 3.05.07 PRESERVATION STANDARDS, SECTION 3.06.06 REGULATED WELLFIELDS; CHAPTER FOUR - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUD- ING ADDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.0202 DIMENSIONAL STANDARDS FOR CONDITIONAL USES AND ACCESSORY USES IN BASE ZONING DISTRICTS, SECTION 4.0212 SAME - OUTDOOR STORAGE, SECTION 4.0229 SAME -FARM MARKET OVERLAY SUB- DISTRICT, SECTION 4.02.32 SAME - MAIN STREET OVERLAY SUBDISTRICT, SECTION 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD -MIXED USE SUBDISTRICT (Ml SECTION 4.05.02 DESIGN STANDARDS, SEC- TION 4.05.04 PARKING SPACE REQUIREMENTS, SECTION 4.06.01 GENERALLY, SECTION 4.06.05 GENERAL LAND- SCAPING REQUIREMENTS, SECTION 4.08.07 SRA DESIGNATION; CHAPTER FIVE - SUPPLEMENTAL STANDARDS INCLUDING SECTION 5.03.02 FENCES AND WALLS, SECTION 5.04.01 GENERALLY (TO BE PROVIDED), SECTION 5.0444 MODEL HOMES AND MODEL SALES CENTERS, SECTION 5.04.05 TEMPORARY EVENTS, SECTION 5.04.06 TEMPORARY SIGNS, SECTION 5.04.07 - ANNUAL BEACH EVENTS PERMITS, SECTION 5.04.08 [RESERVED], SEC- TION 5.05.02 MARINAS, 5.05.05 AUTOMOBILE SERVICE STATIONS, SECTION 5.05.10 TRAVEL TRAILER AND RECRE- ATIONAL VEHICLE PARK DESIGN STANDARDS, SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NON. RESIDENTIAL DISTRICTS; CHAPTER SIX- INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.02.09 PUBLIC SCHOOL FACILITIES LEVEL OF SERVICE REQUIREMENTS, SECTION 6.06.05 CLEAR SIGHT DISTANCE; CHAPTER EIGHT - DECISION- MAKING AND ADMINISTRATIVE BOD. IES, INCLUDING SECTION 8.03.01 [PLANNING COMMISSION] ESTABLISHMENT; POWERS AND DUTIES, SECTION 8.03.02 MEMBERSHIP, SECTION 8.03.03 QUORUM AND VOTING, SECTION 8.03.04 RULES OF PROCEDURE, SEC- TION 8.03.05 COMPENSATION, SECTION 8.03.06 MEETINGS, SECTION 8.03.07 STAFF, SECTION 8.03.08 APPEALS, SECTION 8.04.01 [BOARD OF ZONING APPEALS] ESTABLISHMENT; POWERS AND DUTIES, 8.04.02 MEMBERSHIP, 8.04.03 QUORUM AND VOTING, SECTION 8.01 RULES OF PROCEDURE, SECTION 8.04.05 COMPENSATION, SEC- TION 8.04.06 MEETINGS, SECTION 8.05.01 [BUILDING BOARD OF ADJUSTMENTS AND APPEALS] ESTABLISHMENT AND PURPOSE, SECTION 8.05.02 POWERS AND DUTIES, SECTION 8.05.03 MEMBERSHIP, SECTION 8.01 QUO- RUM, SECTION 8.05.06 RULES OF PROCEDURE, SECTION 8.06.01 [ENVIRONMENTAL ADVISORY COUNCIL] ESTAB. LISHMENT, SECTION 8.06.02 PURPOSE, SECTION 8.06.03 POWERS AND DUTIES, SECTION 8.06.04 MEMBERSHIP, SECTION 8.06.05 QUORUM AND VOTING, SECTION 8.06.06 RULES OF PROCEDURE, SECTION 8.06.07 COMPENSA. TION, SECTION 846.08 MEETINGS, SECTION 8.06.08 EVALUATION OF THE EAC; SECTION 8.06.10 APPEAL, SEC. TION 8.07.01 [HISTORIC /ARCHAEOLOGIC PRESERVATION BOARD] ESTABLISHMENT, SECTION 8.07.02 POWERS AND DUTIES, SECTION 8.07.03 MEMBERSHIP, SECTION 8.07.04 COMPENSATION, SECTION 8.07.05 MEETINGS; CHAPTER TEN - APPLICATION, REVIEW, AND DECISION- MAKING PROCEDURES, INCLUDING SECTION 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS, SECTION 10.0203 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SECTION 10.0204 SUBMI77AL REQUIREMENTS FOR PLATS, SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SECTION 10.0207 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY, SECTION 10.02.12 RESERVED, SECTION 10.0213 PLANNED UNIT DEVELOPMENT (PUD) PRO- CEDURES, SECTION 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD, SECTION 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR Ali MENTS TO THE OFFICIAL ZONING MAP, THE LDC OR THE GMP, SECTION 10.04.09 REQUEST FOR CONTINUANCE OF PUBLIC HEARING [RESERVED]; APPENDIX G ANNUAL BEACH EVENT STANDARD PERMIT CONDITIONS; SEC- TION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, PUBLICATION AS THE COLLIER COUNTY LAND DEVEL- OPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Zoning and Land Development Review Section, Community Development and Environmental Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday and in the Clerk to the Board, Minutes and Records Department, 3301 Tamiami Trail East, Naples, Florida. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he 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. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIR Ann P. Jennejohn From: Sent: To: Subject: Attachments: TICKET #231 - 175501 PUB. DATE: MAY 2, 2010 SIZE: 3x9.25 (1/4 PAGE COST $1,265.40 Thank you, Em ;D Pagan, Emely [EPagan @Naplesnews.com] Monday, April 26, 2010 1:43 PM Ann P. Jennejohn 231175501 BCC /ZONING DEPARTMENT 231175501.pdf NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Pub] State of Florida Counties of Collier and I Before the undersigned they serve appeared Tracy Reeve, who on oa as the Senior Accountant of the Na a daily newspaper published at T Florida: distributed in Collier and the attached copy of the advertisi PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper on May 2, 2010 Affiant further says that the said Naples published at Naples, in said Collier Count newspaper has heretofore been continuous County, Florida: distributed in Collier and each day and has been entered as second c office in Naples. in said Collier County. year next preceding the first publicatiy advertisement: and affunt further says 0 promised anv person, firm or corporal . commission or refund for the purpose of s! publication in the said newspaper. ( Signature of affijnt) Sworn to and subscribed before m This 6th day of May. 2010 Zau� f ld (Signature of notary public) KAF - _ Notary Nu l\ �Il 1 ray Corm *i < s Commie Ica Is hrebv aNen that an Meador May fl; t1We at OW AM, :0On fiord of County CanmkManq Meat1M ROOM, 3rd xnmleebnere prapoees, to take weer aavreemam wrwnem.n® ro me uproar um}twgOG 'tom ma Werwre as p: AL Innervated parties, an Invited to apgeer and be heard. Copies of thepopaeed ordinance ere avallebb for public Inspection In the Zoning and Land Development Review Section, Community Development arid Emdmma m e Seivkae Center, 20M N. Horseshoe Dme, Naples, Fords, between the hours of 8:00 A.M. and5:00 P.M., Monday through Friday and In the Clerk tD#w Board. Mlrxdee and %cortls Depetrrperpt, 3301 Tamiasa trail EaK WIN. Florida, 0 a person deow« to appeal any deolebmmade by do Collier Cora ty Board Of county ComMeeiawn wtih respect to my mentor considered at such meeting ar hewing, he wh need arecord of the proceedings, and for each purpose he mryYMadid enure that a verbatim record of the Wacestlinge Is made, which mono Nohdes the testimony and evidence upon wItch-ft appeal N to be based. COWER COUNTY BOARD OF COUNTY COMMISSIONERS COWER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIR DRAFT 5/11/10 ORDINANCE NO. 10 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SECTION 1.08.01 ABBREVIATIONS, SECTION 1.08.02 DEFINITIONS; CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING TABLE OF CONTENTS, SECTION 2.01.00 GENERALLY, SECTION 2.03.01 AGRICULTURAL ZONING DISTRICTS, SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS, SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS, SECTION 2.04.00 PERMISSIBLE, CONDITIONAL AND ACCESSORY USES IN ZONING DISTRICTS, 2.04.01 RULES FOR INTERPRETATION OF USES, SECTION 2.04.02 EFFECT OF APPROVALS UNDER THE ZONING REEVALUATION ORDINANCE, SECTION 2.04.03 RESERVED, SECTION 2.05.01 DENSITY STANDARDS AND HOUSING TYPES; CHAPTER THREE - RESOURCE PROTECTION, INCLUDING SECTION 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES, SECTION 3.04.01 GENERALLY, SECTION 3.04.02 SPECIES SPECIFIC REQUIREMENTS, ADDING SECTION 3.04.03 REQUIREMENTS FOR PROTECTED PLANTS, SECTION 3.04.04 PENALTIES FOR VIOLATION: RESORT TO OTHER REMEDIES, SECTION 3.05.07 PRESERVATION STANDARDS, SECTION 3.06.06 REGULATED WELLFIELDS; CHAPTER FOUR - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING ADDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.02 DIMENSIONAL STANDARDS FOR CONDITIONAL USES AND ACCESSORY USES IN BASE ZONING DISTRICTS, SECTION 4.02.12 SAME - OUTDOOR STORAGE, SECTION 4.02.29 SAME -FARM MARKET OVERLAY SUBDISTRICT, SECTION 4.02.32 SAME -MAIN STREET OVERLAY SUBDISTRICT, SECTION 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD -MIXED USE SUBDISTRICT (MXD), SECTION 4.05.02 DESIGN STANDARDS, SECTION 4.05.04 PARKING SPACE REQUIREMENTS, SECTION 4.06.01 GENERALLY, SECTION 4.06.05 GENERAL LANDSCAPING REQUIREMENTS, SECTION 4.08.07 SRA DESIGNATION; Page 1 of 194 Words 4fue tlxoegh are deleted, words underlined are added DRAFT 5/11/10 CHAPTER FIVE - SUPPLEMENTAL STANDARDS INCLUDING TABLE OF CONTENTS, SECTION 5.03.02 FENCES AND WALLS, SECTION 5.04.01 GENERALLY (TO BE PROVIDED), SECTION 5.04.04 MODEL HOMES AND MODEL SALES CENTERS, SECTION 5.04.05 TEMPORARY EVENTS, SECTION 5.04.06 TEMPORARY SIGNS, SECTION 5.04.07 - ANNUAL BEACH EVENTS PERMITS, ADDING SECTION 5.04.08 [RESERVED], SECTION 5.05.02 MARINAS, 5.05.05 AUTOMOBILE SERVICE STATIONS, SECTION 5.05.10 TRAVEL TRAILER AND RECREATIONAL VEHICLE PARK DESIGN STANDARDS, CHAPTER SIX - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING ADDING SECTION 6.02.09 PUBLIC SCHOOL FACILITIES LEVEL OF SERVICE REQUIREMENTS, SECTION 6.06.05 CLEAR SIGHT DISTANCE; CHAPTER EIGHT - DECISION - MAKING AND ADMINISTRATIVE BODIES, INCLUDING SECTION 8.03.01 [PLANNING COMMISSION] ESTABLISHMENT; POWERS AND DUTIES, SECTION 8.03.02 MEMBERSHIP, SECTION 8.03.03 QUORUM AND VOTING, SECTION 8.03.04 RULES OF PROCEDURE, SECTION 8.03.05 COMPENSATION, SECTION 8.03.06 MEETINGS, SECTION 8.03.07 STAFF, SECTION 8.03.08 APPEALS, SECTION 8.04.01 [BOARD OF ZONING APPEALS] ESTABLISHMENT; POWERS AND DUTIES, 8.04.02 MEMBERSHIP, 8.04.03 QUORUM AND VOTING, SECTION 8.04.04 RULES OF PROCEDURE, SECTION 8.04.05 COMPENSATION, SECTION 8.04.06 MEETINGS, SECTION 8.05.01 [BUILDING BOARD OF ADJUSTMENTS AND APPEALS] ESTABLISHMENT AND PURPOSE, SECTION 8.05.02 POWERS AND DUTIES, SECTION 8.05.03 MEMBERSHIP, SECTION 8.05.04 QUORUM, SECTION 8.05.05 RULES OF PROCEDURE, SECTION 8.06.01 [ENVIRONMENTAL ADVISORY COUNCIL] ESTABLISHMENT, SECTION 8.06.02 PURPOSE, SECTION 8.06.03 POWERS AND DUTIES, SECTION 8.06.04 MEMBERSHIP, SECTION 8.06.05 QUORUM AND VOTING, SECTION 8.06.06 RULES OF PROCEDURE, SECTION 8.06.07 COMPENSATION, SECTION 8.06.08 MEETINGS, SECTION 8.06.09 EVALUATION OF THE EAC; SECTION 8.06.10 APPEAL, SECTION 8.07.01 [HISTORIC /ARCHAEOLOGIC PRESERVATION BOARD] ESTABLISHMENT, SECTION 8.07.02 POWERS AND DUTIES, SECTION 8.07.03 MEMBERSHIP, SECTION 8.07.04 COMPENSATION, SECTION 8.07.05 MEETINGS; CHAPTER TEN - APPLICATION, REVIEW, AND DECISION - MAKING PROCEDURES, INCLUDING SECTION 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS, SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SECTION 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SECTION 10.02.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF Page? of 191 Words slmc'p are deleted, Naords underlined are added DRAFT 5/11/10 PUBLIC FACILITY ADEQUACY, SECTION 10.02.12 RESERVED, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SECTION 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD, SECTION 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP, THE LDC OR THE GMP, SECTION 10.04.09 REQUEST FOR CONTINUANCE OF PUBLIC HEARING [RESERVED]; APPENDIX G ANNUAL BEACH EVENT STANDARD PERMIT CONDITIONS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATES. Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91 -102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended, and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04 -41, which repealed and superseded Ordinance No. 91 -102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of Commissioners pursuant to Section 10.02.09 A. of the LDC; and WHEREAS, this is the first amendment to the LDC for the calendar year 2009; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97 -177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97 -177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on , 2010 and 2010 and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and Page 3 of 194 Words stfu^'�,<< mt g; are deleted, words underlined are added DRAFT 5111/10 WHEREAS, this ordinance is adopted in compliance with and pursuant to the local government comprehensive planning and land development regulation act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w), and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, § 1(g), and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (herein after the "Act'), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular Section 163.3202(1). Fla. Stat., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of innovative land development regulations. Pale 4 of 194 Words stRiek 4!F0H-, are deleted, words underlined are added DRAFT 5/11/10 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP ") as its comprehensive plan pursuant to the requirements of Sec. 163.3161 et seq., Fla. Stat., and Rule 9J -5 F.A.C. 7. Section 163.3194(1)(a), Fla. Stat., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan, or element or portion thereof shall be consistent with such comprehensive plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991 and may be amended twice annually. The Land Development Code adopted in Ordinance 91 -102 was recodified and superseded by Ordinance 04 -41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, Page 5 of 194 Words sir u°'..,�,�-..,::�,� ; are deleted, words underlined are added DRAFT S /11 /10 recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.01 ABBREVIATIONS Section 1.08.01 Abbreviations, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows 1.08.01 Abbreviations CSA Concurrency Service Areas FISH Florida Inventory of School Houses SCADL School Capacity Availability Determination Letter SIA School Impact Analysis SUBSECTION 3.B. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS Section 1.08.02 Definitions, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Pale 6 of 194 Words st+ue#4 -agh are deleted, words underlined are added DRAFT 5/11/10 1.08.02 Definitions Ancillary Facility: A building or other facility necessary to provide district wide support services such as an energy plant bus garage warehouse maintenance building and /or administrative building Concurrence Service Area (CSA): A geographic area in which the level of service standard for each type of school is measured when an application for residential development is reviewed for school concurrence purposes Dwelling, multi - family' A group of 3 or more dwelling units within a single building. a. Multiple - family dwelling uses may involve dwelling units intended to be rented and maintained under central ownership and management or cooperative apartments, or condominiums and the like and may include the fee ownership of land beneath each dwelling unit following development from a common base of ownership. For purposes of differentiating between multi - family residential dwelling units and other similar or related uses and for density calculations purposes the following shall apply: a. motor hotel, or hotel as the case may be and shall only be permitted in districts where specifically designated b. Timeshare estate facilities shall be considered as intended primarily for transient occupancy and shall only be permitted in districts where specifically designated. C. Florida Inventory of School Houses (FISH) — Permanent Capacity' The report of the permanent capacity of existing public school facilities The FISH capacity is the number of students that may be housed in a facility (school) at any given time based on a percentage of the total number of existing student stations and a designated size for each program. Page 7 of 194 Words slruek4hro� are deleted, words underlined are added DRAFT 5 /11 /10 * * # * * + * * * k # Lot corner A lot located at the intersection of two or more streets. A lot abutting a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees. Lot. interior: A lot other than a corner lot, with onlv one frontage on a street. See Figure 8. Lot through: A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets are considered double - frontage lots. See Figure 8. School Capacity Availability Determination Letter (SCADL): Based upon a School Impact Analysis (SIA) a letter prepared by the School District identifying if school capacity is available to serve a residential project if capacity exists for each school type, and whether the proposed development is conceptually approved or vested. * * * * + * * * + * * * School Impact Analysis (SIA): A detailed report which evaluates a development Area for each school type. Timeshare estate: Anv 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. Page A of 194 Words struck through are deleted, words underlined are added DRAFT 5111110 E, A, FIT Vegetation, native: Native vegetation means native southern Floridian species as determined by accepted valid scientific references such as those listed identified in section 4.06.055. vegetation, the teFm native vegetation is kiFther defined as a VegetatiVe cefflmUnity ,. FIT + + k . . . . i . . . + DOOR LOT U LO 'fRT..RfE�F�RE \. FAIR TO LTLp .. LETS FLIED D _ 111 FOG itix V�o`FwPiEH -- I wO,H_I -I (fN11 LOT �� f_7 _ STPEEF .. A ME 45 0 RED AT REQUIRED BUILDING 5ETAACK LINE Figure 8 FIT FIT FIT FIT RE FIT FIT Page 9 of 194 Words struek hrough are deleted, words underlined are added DRAFT 5/11/10 SUBSECTION 3.C. AMENDMENTS TO CHAPTER 2 ZONING DISTRICTS AND USES — TABLE OF CONTENTS Chapter 2 Zoning Districts and Uses Table of Contents, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: CHAPTER 2 ZONING DISTRICTS AND USES 2.01.00 Generally 2.01.01 Purpose 2.01.02 Miscellaneous Structures 2.01.03 Essential Services 2.01.04 Polling Places 2.02.00 Establishment of Zoning Districts 2.02.01 Establishment of Official Zoning Atlas 2.02.02 District Nomenclature 2.02.03 Prohibited Uses 2.02.04 Continuation of Provisional Uses 2.03.00 Zoning Districts; Permitted Uses, Accessory Uses, and Conditional Uses 2.0101 Agricultural Zoning Districts 2.0102 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 2.0109 Open Space Zoning Districts 2.03.10 Districts Under Moratorium iReservedl 2.04.00 Permissible, Conditional, and Access F Uses in Zoning Distrints Reserved ... _ 2.05.00 Density Standards 2.05.01 Density Standards and Housing Types 2.05.02 Density Blending 2,06.00 Affordable Housing Density Bonus 2.06.01 Generally 2.06.02 Purpose and Intent 2.06.03 AHDB Rating System 2.06.04 Limitations on Affordable Housing Density Bonus 2.06.05 Affordable Housing Density Bonus Monitoring Program 2.06.06 Violations and Enforcement 2.07.00 Reserved Page 10 of 194 Words struck through are deleted, words underlined are added DRAFT 5/11/10 SUBSECTION 3.D. AMENDMENTS TO SECTION 2.01.00 GENERALLY Section 2.01.00 Generally, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.01.00 GENERALLY of any type that aFe not imm they were M;;R1-1f;;Gt1Jred o.fthg-it menhanival or eIeGtrjGaI repairs OF the replaGement ef parts; 9F da not meet the Florida Safety Gode; AF do not have G FFenl valid Gense platesi d 4 L the definition r renFPgtdAFjqj Page I 1 of 194 Words 4r eu are deleted, words underlined are added rpm Page I 1 of 194 Words 4r eu are deleted, words underlined are added DRAFT 5111A0 Page 12 of 194 Words S RICk t F MO are deleted, words underlined are added 01 !1111, 11 far " i row Mee 2 s Page 12 of 194 Words S RICk t F MO are deleted, words underlined are added DRAFT 5 /11 /10 2.01.01 -PURPOSE It is the intent and purpose of this Chapter to establish and adopt zoning districts to govern the use of land and water in the unincorporated areas of Collier County, Florida. SUBSECTION 3.E. AMENDMENTS TO SECTION 2.03.01 AGRICULTURAL ZONING DISTRICTS Section 2.03.01 Agricultural Zoning Districts, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.01 Agricultural Zoning Districts. B. Estate District (E). The purpose and intent of the estates district (E) is to provide lands for low density residential development in a semi -rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities, the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi -rural and rural character of the E district. The E district corresponds to and implements the estates land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use designation. The maximum density permissible in the E district shall be consistent with and not exceed the density permissible or permitted under the estates district of the future land use element of the Collier County GMP as provided under the Golden Gate Master Plan. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the estates district (E). b. Accessory Uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the (E) district. 2. Field crops raised for the consumption by persons residing on the premises. Page 13 of 194 Words emss^ are deleted, words underlined are added DRAFT 5111/10 3. Keeping of fowl or poultry, not to exceed 25 in total number, provided such fowl or poultry are kept in an enclosure located a minimum of 30 feet from any lot line, and a minimum of 100 feet from any residence on an adjacent parcel of land. 4. Keeping of horses and livestock (except for hogs), not to exceed two such animals for each acre, and with no open feedlots. Any roofed structure for the shelter and feeding of such animals shall be a minimum of 30 feet from any lot line and a minimum of 100 feet from any residence on an adjacent parcel of land. On lots /parcels of 1.25 acres and greater, section 5.04.05 D.1. provides for the issuance of a 16 -week temporary use permit (TUP) to keep a maximum of 2 hogs while engaged in a bona fide 4 -H youth development program. t SUBSECTION 3.F. AMENDMENTS TO SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS Section 2.03.03 Commercial Zoning Districts, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.03 Commercial Zoning Districts F Travel Trailer- Recreational Vehicle round District ( TTRVC). Tke 1. Purpose and intent. The provisions of this district are intended to apply to trailer lots for travel trailers, park model travel trailers and recreational vehicles, not exceeding 460 500 square feet in gross floor area. Such trailer lots are intended to accommodate travel trailers, model travel trailers, pickup coaches, motor homes, and other vehicular accommodations which are suitable for temporary habitation, used for travel, vacation, and recreational purposes. Campsites are intended to accommodate temporary residency while camping, vacationing or recreating, TTRVC vehicles may be permanently located on a lot; however, no person or persons may occupy said vehicles as permanent places of residence. Page 14 of 194 Words struck through are deleted, words underlined are added DRAFT 5111110 SUBSECTION 3.G. AMENDMENTS TO SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS Section 2.03.04 Industrial Zoning Districts, of Ordinance 0441, as amended, the Collier County Land Development Code, is hereby amended to read 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. 1. 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 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 SUBSECTION 3.H. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS Section 2.03.07 Overlay Zoning Districts, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 15 of 194 Words ,._ CIE through are deleted, words underlined are added DRAFT 5/11/10 2.03.07 Overlay Zoning Districts D. Special Treatment Overlay (ST). 4. Transfer of Ddevelopment Rights (TDR). C. TDR credits from RFMU sending lands: General Provisions . . . . . . . . . . . . ii. Creation of TDR Bonus credits. TDR Bonus credits shall only be generated from RFMU sending land property from which TDR credits have been severed. The three types TDR Bonus credits are as follows: c) Early Entry Bonus credits. Early Entry Bonus credits shall be generated at a rate of 1 additional credit for each TDR credit that is severed from RFMU sending land for the period from March 5, 2004 2495; until March 27, 2012 three years afte the adopt on Gf this regulation. Early Entry Bonus credits shall cease to be generated after the termination of this early entry bonus period. However, Early Entry Bonus credits may continue to be used to increase density in RFMU and non -RFMU Receiving Lands after the termination of the Early Entry Bonus period. f. Procedures applicable to the severance and redemption of TDR credits and the generation of TDR Bonus credits from RFMU sending lands. ii. In order to facilitate the County's monitoring and regulation of the TDR Program, the County shall serve as the central registry for all TDR severances, transfers (sales) and redemptions, as well as maintain a public listing of TDR credits available for sale along with a listing of purchasers seeking TDR credits. No TDR credit generated from RFMU sending lands may be utilized to increase density in any area unless the following procedures are complied with in full. b) TDR Bonus credits shall not be used to increase density in either non -RFMU receiving areas or Page 16 of 194 Words sough are deleted, words underlined are added DRAFT 5111110 RFMU receiving lands until a TDR credit certificate reflecting the TDR Bonus credits is obtained from the County. 1) Early Entry Bonus credits. All TDR credit certificates issued by the County for the period from the effective date of this provision until March 27. 2012 thpeayea s t=' suph °ffert;.eashall include one Early Entry Bonus credit or fractional Early Entry Bonus credit for each TDR credit or fractional TDR credit reflected on the TDR credit certificate. Where TDR credits were severed from March 5, 2004, until the effective date of this provision, the County shall, upon receipt of a copy of the TDR credit certificate reflecting those previously severed TDR credits, issue a TDR credit certificate entitling Early Entry Bonus credits equal in number to the previously severed TDR credits. G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with distinct subdistricts for the purpose of establishing development criteria suitable for the unique land use needs of the Immokalee Community. The boundaries of the Immokalee Urban Overlay District are delineated on the maps Map below. Page 17 of 194 Words ek -th-^ gh are deleted, words underlined are added A -MM IMMOKALEE OVERLAY DISTRICT i NO F� Asr -E / _ \ A -MM �� Ya AMI -1 rM A -MU DRAFT 5 /I1 /10 [Replace existing Immokalee Overlay Map with the following two maps.] ['age 18 of 194 Words struck '",.- ,rough are deleted, words underlined are added IAMMO __ A -MMO IMMOKALEE OVERLAY DISTRICT i NO F� Asr -E / _ \ A -MM �� Ya AMI -1 rM A -MU DRAFT 5 /I1 /10 [Replace existing Immokalee Overlay Map with the following two maps.] ['age 18 of 194 Words struck '",.- ,rough are deleted, words underlined are added DRAFT 5111110 IMMOKALEE URBAN AREA OVERLAY _ u WEST HALF x U f Q A - MHO y R _ 1 PUD VR { 1 Wt6TCL0 %ST T Y�S RsFak, KET FF R R a UPUD H 6 j t12 20. Li _"; O- RSF3', -' R RSF.3 4A MHO.. VR �PUp jRMFB Y �, 1 MH R FS C,q - �RMF 6 PUD PUD dl i Pt,q. P LAKE - -� ` .. �y s �, TRAFFORD }TRs� /) AMHO � .__T) I f MF6 ' p U-tI' . i �RMF - 61 �. VR � 6� � _ � MH` t VR i =1 E PUD RSFA I W Z J U F- Q Page 19 of 194 Words struck , thro gh are deleted, words underlined are added DRAFT 5/11/10 w IMMOKALEE URBAN AREA OVERLAY EAST HALF x U H Q Page 20 of 194 Words str ck through are deleted, words underlined are added Pun IMMOKALEE REGIONAL AIRPORT 3F3 f RSP 4 RMF 6� RMF, -, �. ANHO RS F -3 , �- 1 rI I RMFfi C -5 r Ca MHl'O' sr q i Q14_VR I, C 5 t P. p , -I RMF -16 V (� y+ RMF 6 MH kYPr.q RMF 16(131 ARQ P - P MNO VR RMF - RMF -6 °BUD —� SF -4; RSF -4 m PU i . IAA -MHO I w J Q Page 20 of 194 Words str ck through are deleted, words underlined are added DRAFT 5/11/10 described in this section A deviation request may be reviewed thereon, and the review process a. Review Process. Insubstantial deviations will be reviewed administrativelv by the County Manager or designee Substantial deviations will be reviewed by the Planning Commission This section is not intended to replace the current established process of requesting deviations through the PUD rezoning process Any deviations from the LDC which are not expressly provided for in this section shall be processed as variances in accordance with Section 9.04.00 of the LDC. 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 or in the case of sign deviations with a building permit The applicant shall list all requested deviations on the required site plans) and shall depict the deviation(s) graphically on the plan(s) Additional graphic information maV 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 insubstantial To be approved the following criteria must be considered: The proposed deviation is compatible with adiacent land uses and structures achieves the requirements of the regulations as closely as is practicable and meets the intent of the related Land Development Code regulations and ii. The applicant proposes equitable tradeoffs for the proposed diminution in development standards such as intent of the regulation being diminished d. Substantial Deviations. Requested deviations that do not qualify as insubstantial deviations are substantial deviations: i. Considerations for Review and Approval The CCPC shall consider the following: Page 21 of 194 Words '-mss^ are deleted, words underlined are added DRAFT 5/11/10 a) Whether or not the proposed deviation is compatible with adjacent land uses and achieves the requirements and /or intent of the regulations as closely as is practicable; and b) Whether the proposed deviation is the minimum amount necessary to allow for reasonable use of the property and /or address the issue necessitating the deviation request; and C) Whether the reduced or increased standard requested by the deviation is mitigated for either on the subject site or by providing a public benefit on the subject site. Examples of such on -site mitigation include but are not limited to: increasing setbacks from the adjacent road right -of -way when proposing to deviate from sign size limitations; increasing plantings or planting sizes or installing a fence or wall where a reduced buffer width is proposed providing public pedestrian and /or bicycle pathway easements or other similar mobility improvements including transit enhancements; providing public parking providing beautification in the public realm including street trees street furniture lighting and other similar public benefits. e. Applicability — List of Development Standards Eligible for Deviation Requests. Property owners shall be eligible to seek a deviation from the dimensional requirements of the following Code provisions, unless otherwise noted. 2.03.01 Aqricultural Zonino Districts, limited to subsection A.1. b.4. i i. ii. 2.03.03 Commercial Zoning Districts limited to the following subsections: a) A.1.c.11.vii. limited to a maximum of three stories, viii. and ix.; and b) E.1.c.4.iv. iii. 2.03.04 Industrial Zoning Districts limited to subsection A.1.c.2.jv. minimum lot area only. iv. 3.05.07 B.1 Preservation Standards Specific Standards Applicable Outside the RMFU and RLSA districts. Required Preservation Percentages (Table 1 inset). V. 4.02.01 A Dimensional Standards for Principal Uses in Base Zoning Districts: Page 22 of 194 Words stroek4h wgh are deleted, words underlined are added DRAFT 5111110 a) Table 1 Lot Design Requirements for Principal Uses in Base Zoning Districts b) Table 2. Building Dimension Standards for Principal Uses in Base Zoning Districts excluding building height and in the case of commercial parcels, no deviation shall be granted for new development, from the required 50 -foot building setback when abutting residentially zoned properties, or from the minimum 10 -foot wide landscaped strip between the abutting road right - of -way and the off - street parking area for new development, but deviations from these requirements may be considered in the 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 (Tables 3 and 4) except that in the case of new abutting residentially zoned properties or from the minimum 10 -foot wide landscaped strip between the abutting road right -of -way and the off - street parking area Deviations from these requirements may be considered in the case of redevelopment where existing structures and /or encroachments are proposed to remain viii. 4.02.03 B Accessory Buildinq Lot Coveraae ix 4 02 27 C Specific Design Standards for the Immokalee State Road 29A Commercial Overlay Subdistrict Building Design Standards. X. 4.02.28 A Same -- Jefferson Avenue Commercial Overlav Subdistrict, Building Design Standards xi. 4.02.29 A Same - -Farm Market Overlay Subdistrict Dimensional Standards. xii. 4.02.32 Same - -Main Street Overlay Subdistrict limited to the following subsections A C.1: Q.3 and D.4; and E.1, E.2. and E.3. Page 23 of 194 Words s`r,,'^ e" are deleted, words underlined are added DRAFT 5 /11 /10 xiii 4.05.04 H (Spaces Required) Table 17 and 4.05.06 B Loading Space Requirements utilizing the existing administrative deviation process set forth in LDC Section 4 05.04 G.2. recognizing that the reduced need for off - street parking in Immokalee may be offered as a viable basis for such administrative deviation. AV. 4.06.02 C Buffer Requirements (limited to required width) except that in the case of new development on commercial parcels no deviation shall be granted from the required 50 -foot building setback when abutting residentially zoned properties or from the minimum 10 -foot wide landscaped strip between the abutting road right -of- way and the off - street parking area. Deviations from these requirements may be considered in the case of redevelopment where existing structures and /or encroachments are proposed to remain. xv. 4.06.03 B Landscaping Requirements for Vehicular Use Areas and Rights -of -Way Standards for Landscaping in Vehicular Use Areas. xvi. 4.06.05 B General Landscaping Requirements Landscaping requirements for industrial and commercial development limited to subsection B.3. xvii. 4.06.05 C General Landscaping Requirements Building Foundation Planting Requirements (including Table Inset). xviii. 5.05.08 C Architectural and Site Design Standards, Building Design Standards. Deviations from non - dimensional provisions of this section are also allowed as substantial deviations. Ax. 5.05.08 D Design Standards for Specific Uses. Deviations from non- dimensional provisions of this section are also allowed as substantial deviations. xx. 5.05.08 E Architectural and Site Design Standards, Site Design Standards limited to subsections 1.b; 2; 3; 4; 5 and 7. Deviations from non - dimensional provisions of this section are also allowed as substantial deviations. Note: Nothing in LDC Section 5.05.08 Architectural and Site Design Standards shall be deemed to prohibit the use of murals on exterior walls of commercial buildings in the Immokalee Urban Overlay District provided that: 1) such murals are reviewed and accepted by the Collier County Redevelopment Agency staff and 2) such murals do not contain text for the purpose of advertising any business or commercial activity. Pa,e 24 of 194 Words 4Rwk-i1x�h are deleted, words underlined are added DRAFT 5111/10 xxi 5 06 04 Development Standards for Signs in Nonresidential Districts limited to subsection F f. Duration of these ,provisions. These provisions are interim in nature and will be in effect until the earlier of either the effective date of the Comprehensive Immokalee Overlay LDC amendments or 24 months from [the effective date of this ordinancel An extension of these provisions may be granted by the BCC by Resolution if the BCC deems an extension is warranted. q. Public Notice Public notice including signage notice to property owners and an advertised public hearing is required for substantial deviation requests and shall be provided in accordance with the applicable provisions of Section 10 03 05 B for Variances. h. Appeals. Within 30 days of the issuance of the decision of staff or of the CCPC, the owner or any aggrieved person may appeal the decision to the Board of Zoning Appeals pursuant to Section No 250 -58 of the Codes of Laws and Ordinances. Bayshore Mixed Use Overlay District. Special conditions for the properties adjacent to Bayshore Drive as referenced on BMUD Map 1; and further identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Map or map series. Bayshore Mixed Use District (BMUD) Subdistricts Neighborhood Commercial Subdistrict (NC). The purpose and intent of this subdistrict is to encourage a mix of low intensity commercial uses and residential uses (see 2.03.07 1.6. Tables 1 and 2). Developments will be human -scale and pedestrian - oriented. For mixed use projects only, subject to the MUP approval process in section 2.03.07 1.3., refer to Tables 1 and 2 for permitted uses. Otherwise, permitted uses are in accordance with the underlying zoning district. b. Waterfront Subdistrict (W). The purpose of this subdistrict is to allow maximum use of the waterfront for entertainment while enhancing the area for use by the general public. Development standards for the district are the same as those set forth for the Neighborhood Commercial Subdistrict, except for the standards Page 25 of 194 Words struek4hirouo are deleted, words underlined are added DRAFT 5 /11/10 set forth in section 4.02.17. For mixed use projects only, subject to the MUP approval process in section 2.03.07 1.3., refer to subsection 2.03.07 1.6. Tables 1 and 2 for permitted uses. Otherwise.. permitted uses are in accordance with the underlying zoning district. Table 1. Permissible Land Uses in BMUD Mixed Use Subdistricts P = permitted E = permitted with certain exceptions U Blank cell = prohibited (also see table of E conditional and accessory uses) E N 0 U � SIC Code U) 0 o U c o Z Z 'U 0 .N D 0 D 2 2 Land Use Type or Category m n m Performing Arts Theater 7922 PE e NOTES FOR TABLE 1 8 Performance seating limited to -2-00 500 seats J. Goodland Zoning Overlay (GZO). To create design guidelines and development standards that will assure the orderly and appropriate development in the unincorporated area generally known as Goodland. The Goodland Zoning Overlay district (GZO) is intended to provide regulation and direction under which the growth and development of Goodland can occur with assurance that the tropical fishing village and small town environment of Goodland is protected and preserved, and that development and /or redevelopment reflect the unique residential and commercial characteristics of the community. The boundaries of the Goodland Zoning Overlay district are delineated on Map 1 below. 4. Storage sheds. Parcels located off of Bayshore Way are allowed to retain any sheds that were constructed prior to October 17, 2003. Storage Page 26 of 194 Words stfak4hf&�- are deleted, words underliged are added DRAFT 5111110 sheds for fishing and boat equipment on the boat dock parcels off of Bayshore Way constructed after October 17, 2003 are permissible if they comply with the following requirements: a. The appropriate building permit must be obtained. b. Bayshore d#ve Way setback: ten feet. C. Waterfront setback: ten feet. d. Side yard setback: 0 feet. e. Maximum size of shed: 144 square feet. SUBSECTION 3.1. AMENDMENTS TO SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS Section 2.03.08 Rural Fringe Zoning Districts, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.08 Rural Fringe Zoning Districts A. Rural Fringe Mixed Use District (RFMU District) 4. RFMU sending lands. RFMU sending lands are those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. RFMU sending lands are the principal target for preservation and conservation. Density may be transferred from RFMU sending lands as provided in section 2.03.07 DA.c. All NRPAs within the RFMU district are also RFMU sending lands. With the 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 environmentally sensitive nature of sending lands fill removal from the site is prohibited unless such removal is authorized under state or federal law. Page 27 of 194 Words struelc throng ; are deleted, words underlined are added DRAFT 5111110 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. Due to the environmentally sensitive nature of sending lands, fill removal from the site is prohibited, unless such removal is authorized under state or federal law. SUBSECTION 3.J. AMENDMENTS TO SECTION 2.04.00 PERMISSIBLE, CONDITIONAL AND ACCESSORY USES IN ZONING DISTRICTS / RESERVED Section 2.04.00 Permissible, Conditional and Accessory Uses in Zoning Districts / Reserved, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.04.00 Reserved Page 28 of 194 Words 4 44+orato are deleted, words underlined are added NN NOW . _ .. .. . . iffill 11 .. ... - - Page 28 of 194 Words 4 44+orato are deleted, words underlined are added DRAFT 5111110 SUBSECTION 3.K. AMENDMENTS TO SECTION 2.05.01 DENSITY STANDARDS AND HOUSING TYPES Section 2.05.01 Density Standards and Housing Types, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.05.01 Density Standards and Housing Types A. Where residential uses are allowable, the following density standards and housing type criteria shall apply. Page 29 of 194 Words S. a, are deleted, words underlined are added R Housing ° Maximum Type: Density 2, Zoning E o ' " (units District: E m ? o > > m per gross o E _ = Y O- acre) N rn a z 3 ,(� N n a) y N a) E a) C 7 O 7 O 7 3 N 7 E N GC Two 0.2(l A ✓ S J unit per 5 acres) 0.44(l E J J unit per 2.25 acres) RSF -1 J J ✓ 1 RSF -2 J J J 2 RSF -3 ✓ ✓ / 3 RSF -4 ✓ / J 4 RSF -5 ✓ / / 5 RSF -6 ✓ ✓ / 6 RMF -6 J ✓ J ✓ J ✓ 6 RMF -12 S ,/ J ✓ 12 Page 29 of 194 Words S. a, are deleted, words underlined are added DRAFT 5/11/10 RMF -16 J ✓ 16 RT 3,17 J 26 RT 4,17 ✓ ✓ J 16 RT 517 ✓ ✓ J 16 VR 6 ✓ ✓ ✓ 7.26 VR 7 ✓ ✓ 8.71 VR' ✓ ✓ 14.52 MH 0 ✓ 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 " J 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 ✓ R -2 ✓ ✓ ✓ ✓ GZO Per underlying zoning district VB -RTO " J ✓ ✓ 16 for timeshare, mf & twnhses: 26 for hotels and motels GGDCCO ✓ Per Page 30 of 194 Words stru,&k44r ,h are deleted, words underlined are added DRAFT 5111/10 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. 6 A maximum of twenty six (26) dwelling units per acre are allowed for hotels and motels. A hotel or motel in Port of the Islands may offer timeshare units and retain the density of 26 units per acre. 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) dwelling units per acre. Similarly for RT zoning not located within Activity Centers but in existence at the time of adoption of the LDC (October 30, 1991), residential units are allowed at a maximum of sixteen(16) units per acre. 5 For RT zoning not located within Activity Centers and not in existence at the time of adoption of this LDC (October 30, 1991), allowed density is per the density rating system up to sixteen (16) dwelling units per acre. The calculation of density shall be based on the land area defined by a lot(s) of record. 6 Density for single - family and mobile home, with or without clustering. Density for duplex, with or without clustering. a Density for multi - family, with or without clustering. e In the MH district, modular homes are allowable. 0 Properties zoned C -1 through C -3 may have associated residential densities in instances of mixed -use development pursuant to the Future Land Use Element of the Growth Management Plan. Page 31 of 194 Words ^^ ^'.,,'�-^� are deleted, words underlined are added underlying zoning district 0.025(l RFMU 73 J J 16 unit per 40 acres) 0.2 (1 unit RFMU 14 ✓ ✓ J ✓ ✓ 16 ✓ J J per 5 acres) 0.2 (1 unit RFMU 'S ✓ J ✓ ✓ Jib ,/ J ✓ ✓ per acres) 0.2 (1 unit MHO ✓ 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. 6 A maximum of twenty six (26) dwelling units per acre are allowed for hotels and motels. A hotel or motel in Port of the Islands may offer timeshare units and retain the density of 26 units per acre. 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) dwelling units per acre. Similarly for RT zoning not located within Activity Centers but in existence at the time of adoption of the LDC (October 30, 1991), residential units are allowed at a maximum of sixteen(16) units per acre. 5 For RT zoning not located within Activity Centers and not in existence at the time of adoption of this LDC (October 30, 1991), allowed density is per the density rating system up to sixteen (16) dwelling units per acre. The calculation of density shall be based on the land area defined by a lot(s) of record. 6 Density for single - family and mobile home, with or without clustering. Density for duplex, with or without clustering. a Density for multi - family, with or without clustering. e In the MH district, modular homes are allowable. 0 Properties zoned C -1 through C -3 may have associated residential densities in instances of mixed -use development pursuant to the Future Land Use Element of the Growth Management Plan. Page 31 of 194 Words ^^ ^'.,,'�-^� are deleted, words underlined are added DRAFT 5/11/10 " The density of 1 dwelling unit per 3 gross acres only applies to private in- holdings within the Big Cypress National Preserve that were in existence prior to October 14, 1974. 72 Maximum allowable density in the BMUD and GTMUD overlays is attained through the Mixed Use Project (MUP). Approval Process pursuant to the regulations in the Overlays. 13 One dwelling unit per 40 acres is the maximum density permitted in RFMU Sending Lands (see section 2.03.08). " One dwelling unit per 5 acres is the maximum density permitted in RFMU Neutral Lands (see section 2.03.08). 15 One dwelling unit per acre is the maximum density permitted in RFMU Receiving Lands located outside of a Rural Village with redemption of Transfer of Development Rights (TDR) credits, 0.2 units per acre is the maximum density permitted in RFMU Receiving Lands without redemption of TDR credits; 3 dwelling units per acre is the maximum density per acre in RFMU Receiving Lands located within a Rural Village with the redemption of TDR credits (see section 2.03.08). 6 Only if Mobile Home Overlay exists. " Lock -off unit: Where the floor area of a timeshare unit or hotel room contains lock -off accommodations which can be occupied separately from the main living unit each lock -off accommodation shall be counted as a full timeshare unit when computing the allowable density. B. Acreage associated with historical /archaeological resources preserved within the boundaries of a project shall be included in calculating the project's permitted density. SUBSECTION 3.L. AMENDMENTS TO SECTION 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES, SECTION 3.04.01 GENERALLY Section 3.04.00 Protection of Endangered, Threatened, or Listed Species, Section 3.04.01 Generally, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES 3.04.01 Generally A. The purpose of this section is to protect species in the County, by including measures for protection and /or relocation of endangered, threatened, or species of special concern listed by: Florida Fish and Wildlife Conservation Commission (FFWCC) as endangered, threatened, or species of special concern and as provided for the bald eagle in F.A.C. 68A- 16.002. 2. United States Fish and Wildlife Service (USFWS) as endangered or threatened and as provided for by the Bald and Golden Eagle Protection Page 32 of 194 Words Aruek44 -h are deleted, words underlined are added DRAFT 5111110 Act. B. Applicability and Exemptions. General Applicability: Except as provided in 2 below, all new development shall be directed away from listed species and their habitats by complying with the guidelines and standards set forth in this section. Exemptions: The following are exempt from the provisions of this Section a. Agricultural operations that fall within the scope of sections 163.3162(4) or 823.14(6), Florida Statutes, b. All development within the RLSA District, except as specifically provided in section 4.08.00; and C. All development within the NBMO, except as specifically provided in section 2.03.08. C. FIS and mManagement plans. Exemption. Single- family lap tted lots or construction of a single - family home, including accessory uses and structures on a lot of record that shall not be required to prepare aR €lo o; a management plan, but shall comply with approved management plans for the subdivision in which they are located. 32. Management Plans. General Requirements. A wildlife management plan shall be required for all projects where the wildlife survey indicates listed species are utilizing the site or where bald eagle nests occur on Management Plan utilized by the FFWCC. These plans shall describe how the project directs incompatible land uses away from listed these species and their habitats and shall incorporate proper techniques to protect listed these species and their habitat the nests of bald eagles from the negative impacts of proposed development. Incompatible land uses and proper techniques to protect listed species and their habitat and the nests of bald Page 33 of 194 Words sErtze#-threug#t are deleted, words underlined are added DRAFT 5/11/10 Management plans for listed plant and animal species, and for the nests of bald eagles shall be included as part of the preserve management plan if a preserve management plan is required. The County shall notify the FFWCC and USFWS of the existence of any listed species that may be discovered. b. References. Management guidelines contained in publications utilized by the FFWCC and USFWS as their technical assistance, shall be used for developing required management plans. The fallowing referpnAes shall he o.J appropriate, to prepare the required rnanagemep plans, D. Protective measures. All developments subject to this section shall adhere to the following: General. a. In those areas where clustering is permitted, all developments shall be clustered to discourage impacts to listed species habitats. b. Open space and vegetation preservation requirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated by human activities. C. Provisions such as fencing, walls, or other obstructions shall be provided to minimize development impacts to the wildlife and to facilitate and encourage wildlife to use wildlife corridors. d. Appropriate roadway crossings, underpasses, and signage shall be used where roads must cross wildlife corridors. e. When listed species are directly observed on site or indicated by evidence, such as denning, foraging or other indications, priority Page 34 of 194 Words strael 4hreagh are deleted, words underlined are added DRAFT 5111/10 shall be given to preserving the habitat of that listed species, as provided in section 4.06.04. Management Plans shall contain a monitoring program for developments greater than 10 acres. g. Letters of technical assistance from the FFWCC and /or recommendations from the USFWS shall be deemed to be consistent with the GMP. Other forms of technical assistance from the FFWCC and /or USFWS shall be acceptable based on the nature of the evaluation. E. Single- family platted lots or construction of a sinqle - familv home, includin accessory uses and structures on a lot of record, GAVPR and cn° hclf (? 1/2) aGFes or less :^ size, shall be exempt from the requirements set forth in sections 3.04.02 A, C, E F G 9-. and 3.04.03, but shall comply when required as part of the subdivision in which they are located vihPR thPrP latlet: are o , � s ,�,- Part vs -ra previeus development which has b8eR required tG GOMply With se-tJOR 2 04 02 S. HoweveF, gopher teFteises shall be prot8Gted puFsuaRt to this seGt OR. Other agency approvals may be required in accordance with 10 02 06 C SUBSECTION 3.M. AMENDMENTS TO SECTION 3.04.02 SPECIES SPECIFIC REQUIREMENTS Section 3.04.02 Species Specific Requirements, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.04.02 Species Specific Requirements OR pFeperty wheFe the wildlife suFvey establishes that listed speGies aFe ut lizing the sitp n,r yihp.rp the site is capable Of SUPPGFtiRg listed SPeGies and GuGh listed speGies Fish and Wildlife SeFY'Ge in issuiRg development ordeFS. It 46 FeG9g-1ZPrI that thASR agency reGommendat ORS, OR a case by Gase basis, may GhaRge the FeqwiFemeRtS_ rnntainpel hp.m.n and aRY such GhaRge shall be deemed to bp nnnsirtpnt w th this Gode, Wildlife habitat management plans for listed species shall be submitted for County approval. A plan shall be required for all projects where the wildlife survey indicated listed species are utilizing the site (other than for occasional use by non - resident species such as wading birds) or if required by state and federal permit requirements These plans shall describe how the project directs incompatible land uses away from listed Florida Fish and Wildlife Conservation Commission and recommendations from the US Fish and Wildlife Service in issuing development orders on property containing listed such change shall be deemed consistent with the Growth Management Plan The Page 35 of 194 Words cgig; are deleted, words underlined are added DRAFT 5/11/10 following specific species management and protection plans shall be applicable, in addition to those required by other provision in this section 3.04.00: A. Gopher Tortoise ( Gopherus polVphemus). All native habitats occupied bV gopher tortoises,, the F habitats, and the associated listed commensals are hereby protected. 2. It is expressly prohibited to take, which means to harass, harm, hunt, shoot, wound, kill, trap, capture, collect, molest, pursue, or attempt to engage in any such conduct, any gopher tortoise, and to alter, destroy, or degrade the functions and values of their burrows or natural habitat, unless otherwise provided for in this section. 3. All gopher tortoise burrows are protected, and it is prohibited to intentionally destroy or take any such burrow by any means, unless otherwise provided for in this section. 4. Personnel authorized by the FFWCC or the r nn, may house and_ relocate ses, as necessary and PFOVid8d for IR thin section. Relocation shall be permitted and executed according to FFWCC Gopher Tortoise Permitting Guidelines. 5. When gopher tortoises are identified on -site, a habitat protection and /or management plan or off -site relocation plan as prepared by a FFWCC permitted Authorized Gopher Tortoise Relocation Agent, shall be submitted to the County Manager or designee for review and approval. 6. The on -site habitat protection and /or management plan shall include, but not be limited to, the following items: a. A current gopher tortoise survey no more than 6 months old or within the time frame recommended bV the FFWCC, which shag may be field- verified by the County Manager or designee. b. A proposal for either maintaining the habitat for the population n- -place on site or relocating it the existing population to a gopher tortoise recipient site permitted bV the FFWCC. C. A If preserved on site, a site plan identifying the boundaries of the gopher tortoise preserve. d. The method of relocation, if necessary. e. The proposed supplemental plantings, if needed. f. Details of the construction and maintenance of gopher Pale 36 of 194 Words struck "woug^ �,�.h are deleted, words underlined are added DRAFT 5111110 tortoise preserve fencing to protect tortoises during construction. g. An annual maintenance plan describing exotic removal and vegetation management. h. Identification of persons responsible for the initial and annual protection and /or management of the tortoises and the preserve area. Suitable gopher tortoise habitat shall and maximum allowable density of gopher tortoises shall be in accordance with the parameters identified in Gopher Tortoise Management Plan and Gopher Tortoise Permitting Guidelines utilized by the FFWCC be designated on the site plan at the ti.rne of the first development order submittal. Suitable gopher tortoise habitat preserved on site shall be designated on the site plan at the time preserves are established and shall be credited to the preservation requirement as specified in section 3.05.00 of is LPG. Habitat management and monitoring to ensure habitat within the preserve is maintained in accordance with the Parameters identified in Gopher Tortoise Management Plan and Gopher Tortoise Permitting Guidelines utilized by the FFWCC. Page 37 of 194 Words struck throng; are deleted, words underlined are added DRAFT 5/1 l /10 744. When identifying the native vegetation preservation requirement of section 3.05.07 of this cvvl DC for parcels containing gopher tortoises, priority shall be given to protecting the largest, most contiguous gopher tortoise habitat with the greatest number of active burrows, and for providing a connection to off -site adjacent gopher tortoises' preserves. All gopher tortoise preserves shall he platted with pFntP(#ivP. Fequinad by this section and eat nn 05 07 H of this I nr o f the n.n eGt of platted, shall mac.. ...�. .. �.. � �.. ..��... �.. ..v pr...w vide c nh language on the approved site development Wan It shall be a priority to preserve scrub habitat, when it exists on -site, for its rare unique qualities and for being one of the most endangered habitats in the County, regardless of whether gopher tortoises are relocated off -site. 84-2. AI�6opher tortoises shall be r;emovea captured and relocated from within the development footprint all ;;Gth,p and inaGtOVS prior to any site improvement, in accordance with FFWCC guidelines and the protection /management plan approved by County Manager or designee. Hiph densities of hatchlings and juvenile tortoises are often found in dense thickets of low growing vegetation in habitat where existing gopher tortoises and their burrows are located. In areas where relocation of gopher tortoises is required the location of these thickets shall be identified in the protection /management plan and any gopher tortoises within these areas shall also be relocated. Page 38 of 194 Words stfusk- through are deleted, words underlined are added DRAFT 5111110 B. Sea Turtle Protection. 1. The purpose of this section is to protect the threatened and endangered sea turtles that nest along the beaches of the County, by safeguarding sea turtle hatchlings from sources of artificial light, and adult and hatchling sea turtles from injury or harassment. The County shall adhere to state and federal guidelines for the protection of sea turtles. 2. The requirements of this section apply when development or lighting associated with development is located within three hundred (300) feet of coastal mean high water; when parking lots, dune walkovers, or other outdoor lighting is proposed; and when reflective surfaces that will be illuminated by outdoor lighting will be visible from the beach. a. Outdoor lighting shall be held to the minimum necessary for security and safety. Floodlights and landscape or accent lighting shall be prohibited. b. All lighting, including wall- mounted fixtures, pole lighting, lights on balconies, and any other type of lighting not specifically referenced by this section, shall be of low intensity, and shall be fitted with hoods or positioned so that the light sources, or any reflective surfaces illuminated by such sources, shall not be visible from the beach. C. Low profile luminaries shall be used in parking lots, and such lighting shall be fitted with hoods or positioned so that the light sources, or any reflective surfaces illuminated by such sources, shall not be visible from the beach. d. Dune crosswalks shall utilize low profile shielded luminaries directed and positioned so that light sources, or any reflective surfaces illuminated by such sources shall not be visible from the beach. dDune crossover lighting shall be limited to the area landward of the primary dune. e. If high intensity lighting is necessary, low pressure sodium vapor luminaries shall be used and fitted with a hood or positioned so that the light sources, or any reflective surfaces illuminated by such sources, shall not be visible from the beach. f. Plates of tinted glass are required for windows that are visible from the beach. The tinted glass shall be any window or glazing that has an industry- approved light Page 39 of 194 Words struek- through are deleted, words underlined are added DRAFT 5/11/10 transmittance value of forty -f +ve (45) percent or less. Such transmittance shall be limited to the visible spectrum (400 to 700 nanometers), and shall be measured as the percentage of light that is transmitted through the glass, inside to outside. g. Temporary security lights at construction sites shall not be mounted more than f„ft�^ (15) feet above the ground. Light sources, or any reflective surfaces illuminated by such sources, shall not be visible from the beach. . . . . . . . . . . . . 5. It shall be unlawful, during the nesting season, to construct any structure, add any fill, mechanically clean any beach, or grade any dirt within 100 feet of the nesting zone of a beach where sea turtles nest or may nest, without obtaining a construction in sea turtle nesting area permit from the County Manager or designee. d. Construction or repair of any structure, including, but not limited to, dune walkovers, seawalls, or other revetments, sandbags, groins, or jetties, shall not be permitted during sea turtle nesting season on any County beaches, except if permitted structures are damaged by a named storm or other declared natural disaster and the following conditions are met: i4. Minor Repair Work. Minor repair work (boards need to be nailed back to the existing intact structure, or a#ew less than 10 percent of the boards need to be replaced) that can be performed completely from atop the structure is authorized after obtaining the necessary approval of the FDEP and notifying the County Manager or designee of that work. Work must be completed within 12 months of the named storm or declared natural disaster. ii2. Major Repair Work. Prior to any repair work (greater than that described in i 4 above) or reconstruction of any part of the structure, the following information shall be provided so that staff can determine if the major repair or reconstruction can occur prior to the end of sea turtle nesting season: a)- The appropriate permit or authorization from FDEP, if required. b)- The location of all known sea turtle nests. Page 40 of 194 Words StRiel, O�-^ gb are deleted, words underlined are added DRAFT 5/11/10 Community Development and F=w.;r,,,, ental ce. ;G (GDFS) staff The County Manager or designee will provide assistance in locating nests. Construction activities shall not occur within 10 feet of these boundaries for of viable nests. c1- A survey by a FFWCC permitted Authorized Gopher Tortoise Relocation Agent locating any gopher tortoise burrows on site within 50 feet of the structure proposed construction. Relocation of gopher tortoises will be required when the burrows are in harm's way of the construction activity. dj- Photographs of the site as it existed after the storm to document the conditions of the property. el-. An aerial of the property showing the CCSL line. f1- A copy of a CCSL variance or CCSL permit, if required, and building permit approving the original construction of the structure. g ? 3-. Sea turtle nest locations will be reestablished using their previously recorded GPS locations and accuracy data to identify a 95% confidence boundary. Construction activities shall not occur within 10 feet of these boundaries for viable nests. Nests will be considered viable for 80 days from the time the nest was recorded unless it can be proven that a particular nest has been damaged by the storm and there is no chance of any hatchlings. e -4-. Minor structures, as defined by Florida Statutes Subsection 161.055, of the Coastal Zone Protection Act of 1985, shall be approved provided that they also comply with: i a. Federal requirements for elevations above the 100 - year flood level, ii b. Collier County Building Code requirements for flood proofing, Iii G. Current building and life safety codes, Page 41 of 194 Words struek4hfotiggh are deleted, words underlined are added DRAFT 5111110 iv d. Collier County and State of Florida Department of Environmental Protection CCSUCCCL regulations, v e. Applicable disability access regulations of the American Disability Act (ADA), and vi f. Any required Collier County zoning and other development regulations with the exception of existing density or intensity requirements established, unless compliance with such zoning or other development regulations would preclude reconstruction otherwise intended by the Build back Policy as determined by the Emergency Review Board established herein. C. Florida Scrub Jay. 4^b— , -.an, at pFese (Aphelocoma coerulescens) s"^" conform to the ^ ide''^^° GGRtaiRed iR Tesh Gal Report No a Fleica^ Game and Fresh Wale– .Fish Commiss on, 199�. The required management plan shall alse provide for a maintenance program and specify an appropriate fire or mechanical protocols to maintain the natural scrub community. The plan shall also outline a public awareness program to educate residents about the on- site preserve and the need to maintain the scrub vegetation. These 1999. - D. Bald Eagle. For the bald eagle (Haliaeetus leucocephalus), the required habitat management plans shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain types of activities during the nesting season. These requirements shall be GORs stent with the UFWS South Florida Multi Species Recovery Plan, May 1999. E. Red GGGkaded woodpecker Red - Cockaded Woodpecker. For the red - cockaded woodpecker (Picoides borealis), the required habitat protection plan shall outline measures to avoid adverse impacts to active clusters and to minimize impacts to foraging habitat. Where adverse effects can not be avoided, measures shall be taken to minimize on -site disturbance and compensate or mitigate for impacts that remain. These FegwemeRt° shall be nnnsistent with the I FINS Sm, th Flnr rk; Multi SpeG es Recovery Plan, Maya -999. F. FleFda blaGk bea Florida Black Bear. In areas where the Florida black bear (Ursus americanus floridanus) may be present, the management plans shall require that garbage be placed in bear - resistant {goof containers, at one or more central locations. The management plan shall also identify methods to inform local residents of the concerns related to interaction between black bears and humans. Mitigation for impacting habitat suitable for black bear shall be considered in the management Page 42 of 194 Words struck - though are deleted, words underlined are added DRAFT 5/11/10 plan. G. Panther. For projects located in areas Primary and Secondary zones, the management plan shall discourage the destruction of undisturbed, native habitats that are preferred by the Florida panther (Fells concolor coryi) by directing intensive land uses to currently disturbed areas. Preferred habitats include pine flatwoods and hardwood hammocks. In turn, these areas shall be buffered from the most intense land uses of the project by using low intensity land uses (e.g., parks, passive recreational areas, golf courses). Golf courses within the RFMU district shall be designed and managed using standards found in that district. The management plans shall identify appropriate lighting controls for these permitted uses and shall address the opportunity to utilize prescribed burning to maintain fire - adapted preserved vegetative communities and provide browse for white - tailed deer. Theo oy , n's shall h 1 with th i IrI.nre South. Florida Multi SpeGieS ReGGV8FY Plan, May 1999, and with the ppevisions ref fAFth iR th..°.; SPGtie . H. West Indian Manatee. The management and protection plans requirements based upon the Manatee Protection Plan for the West Indian Manatee manatee (Trichechus manatus) are set forth in section 5.05.02. SUBSECTION 3.N. ADDITION OF NEW SECTION 3.04.03 REQUIREMENTS FOR PROTECTED PLANTS Section 3.04.03 Requirements for Protected Plants, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby added to the Land Development Code to read as follows: 3.04.03 Requirements for Protected Plants Other than for Tillandsia the species of plants listed below may be planted within Tillandsia species Plants listed in this section shall not require the land in which they are located to be placed in a preserve. Rare Plants: Page 43 of 194 Words � °'mom - �", are deleted, words underlined are added DRAFT 5 /11 /10 Cowhorn orchid Cyrtopodium punctatum Curtiss's milkweed Asclepias curtissii Florida clamshell orchid Encyclia cochleata Ghost orchid Polyrrhiza lindenii West coast prickly apple Harrisia gracilis Less Rare Plants: Butterfly orchid Encyclia tampensis Giant wild -pine Tillandsia utriculata Inflated wild -pine Tillandsia balbisiana Stiff - leaved wild -pine Tillandsia fascicu/ata Twisted air plant Tillandsia flexuosa Where clearing of vegetation is needed for habitats requiring fire or for activities needed to simulate fire epiphytic plants listed above should not be relocated into these habitats. Epiphytic plants may be removed from preserves if located on vegetation required to be removed as part of an approved preserve management plan. SUBSECTION 3.0. AMENDMENT AND RENUMBERING OF FORMER SECTION 3.04.03 PENALTIES FOR VIOLATION: RESORT TO OTHER REMEDIES Former Section 3.04.03 Penalties for Violation: Resort to Other Remedies, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby renumbered and amended to read as follows: 304.03 3.04.04 Penalties for Violation: Resort to Other Remedies Violation of the provisions of this section or failure to comply with any of its requirements shall constitute a misdemeanor. Any person or firm who violates this section or fails to comply with any of its requirements shall upon conviction thereof be fined, or imprisoned, or both, as provided by law. Each day such violation continues shall be considered a separate offense. Each taking of a gopher tortoise shall constitute a separate violation. It is not the intent to include tortoises that may be accidentally injured or killed during an approved relocation procedure that is done by a qualified GeRsu'taRt FFW_CC_ permitted Authorized Gopher Tortoise Relocation Agent, in accordance with their protection /management plan. Any other person, who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. The county, in addition to the criminal sanctions contained herein, may take any other appropriate legal action, including but not limited to injunctive action, to enforce the provisions of this section. SUBSECTION 3.P. AMENDMENTS TO SECTION 3.05.07 PRESERVATION STANDARDS Section 3.05.07 Preservation Standards, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 44 of 194 Words stFuck °�.hFoug^ �h are deleted, words underlined are added DRAFT 5/11/10 3.05.07 Preservation Standards All development not specifically exempted by this ordinance shall incorporate, at a minimum, the preservation standards contained within this section. A. General standards and criteria. The following criteria shall be used to administer the preservation standards in all unincorporated areas of the County: Native vegetative communities. The preservation of native vegetation shall include all naturally occurring strata including canopy, understory and ground cover emphasizing the largest contiguous area possible, except as otherwise provided in section 3.05.07 H.1.e. The term native vegetation is further defined as a vegetative community having 25 percent or more canopy coverage or highest existing vegetative strata of native plant species. In the absence of other native strata, herbaceous vegetation not typically associated with the re- growth of native vegetative communities, commonly known as weeds shall not be considered native vegetation for the purpose of preservation. 2. Native trees. Where a property has been legally cleared and only native trees remain and the native ground cover replaced with lawn or pasture, then only the native trees shall be retained. The percent requirement of native trees required to be retained shall be by tree count based on the percent requirement for native vegetation pursuant to 3.05.07 B. Only slash pine trees with an 8 inch DBH or greater, hardwood trees with a 18 inch DBH or greater, or palms with a minimum of 8 foot of clear trunk shall be additional tree (18 inch DBH = 1 tree. 24 inch DBH = 2 trees 26 inch DBH = 3 trees. etc.). Slash pine trees and cabbage palms shall only be retained on portions of the property with a density of 8 or more trees per acre. Trees which are unhealthy or dying as determined by a certified arborist or any individual meeting the qualifications in 3.05.07 H.1.g. iii shall not be retained or used for calculation. Native slash pine trees shall be retained in clusters if the trees occur in clusters, with no encroachment (soil disturbance) within the drip line or within 30 feet of the trunk whichever is greater, of any slash pine or hardwood tree. Encroachment may occur within these distances where evaluation by a certified arborist determines that it will not affect the health of the trees. Trees which die shall be replaced with 10 foot high native canopy trees on a one for one basis. Native trees with a DBH of two feet or more shall be replaced with three 10 -foot high native canopy trees. Areas of retained trees shall not be subject to the requirements of 3.05.07 H. Where trees cannot be retained, the percent requirement of trees shall be made up elsewhere on -site with trees planted in clusters Page 45 of 194 Words struck thfoug; are deleted, words underlined are added DRAFT 5 /11/10 utilizing 10 foot high native canopy trees planted on a one for one basis. Where native trees with a DBH of two feet or more cannot be retained, a minimum of three 10 -foot high native canopy trees shall be planted per tree removed of this size. Trees planted to satisfy this requirement shall be planted in open space areas equivalent in size to the area of canopy of the trees removed This planted open space shall be in addition to the area used to satisfy the minimum landscape requirements pursuant to 4.06.00. In lieu of using actual canopy coverage the following average diameter for tree canopies may be used to calculate canopy coverage of existing trees: slash pine 40 feet cypress 25 feet live oak 60 feet and cabbage palm 10 feet. Open space areas not normally planted with trees. such as stormwater retention areas or lake banks not planted to meet the LSPA requirement may be used to satisfy this requirement. Trees planted to satisfy this requirement shall be set back a minimum of 30 feet from nnncinnl stntctures and impervious parking areas. 23. Areas that fulfill the native vegetation retention standards and criteria for native vegetative communities of this section shall be set aside as preserve areas, subject to the requirements of section 3.05.07 H. Single family s d8RGe aFe exempt from thee 34. Native vegetation to be retained as preserve areas shall be selected in such manner as to preserve the following, in descending order of priority, except to the extent that preservation is made mandatory in sections 3.05.07 F.3- and 3.05.07 G.3.c. -: a. Wetland or upland areas known to be utilized by listed species or that serve as corridors for the movement of wildlife, b. Xeric Scrub, Dune and Strand, Hardwood Hammocks; C. Onsite wetlands having an accepted functionality WRAP score of at least 0.65 or a Uniform Wetland Mitigation Assessment Score of at least 0.7; d. Any upland habitat that serves as a buffer to a wetland area as defined in section 3.05.07 A.3.c above; Dry Prairie, Pine Flatwoods; and All other native habitats. 45. Preservation areas shall be interconnected within the site and to adjoining off -site preservation areas or wildlife corridors. Page 46 of 194 Words strst"4hr are deleted, words underlined are added DRAFT 5/11/10 6. Where vegetation has been illegally cleared, the amount of native vegetation used to calculate the preservation requirement will be that amount present at the time prior to the illegal clearing Criteria to determine the process and criteria for the clearing are found in sections 10.02.06 and 3.05.05. a. Re- creation of native vegetation shall not be required when any one of the following criteria is met: i. The parcel was issued a County permit to clear vegetation and remains cleared of native vegetation. The parcel was issued a Countv permit to clear vegetation for agricultural purposes prior to JuIV 1993 (the date at which the 10 year agricultural clearing rezone limitation previously identified in the GMP is achieved) and which remains cleared of native vegetation. iii. If no clearing permit can be found demonstrations of continuous bona fide agricultural operation along with issuance of an after - the -fact agricultural clearing permit from the County will be evidence of legal clearing. Demonstrations of continuous bona fide agricultural activities may include but are not limited to, agricultural classification records from the property appraiser's office: dated aerial photographs; occupational license for agricultural operation; SFWMD consumptive use permits for the ongoing agricultural use or other information such as sworn testimony from previous owners which establishes the commencement date and the location of the agricultural operation. The rezone limitation pursuant to 10.02.06 shall apply. 7. Unless otherwise required in the RFMU District single- family residences shall be exempt from the native vegetation retention requirements and from having on site preserves. Setbacks to preserves shall be in accordance with 3.05.07 H 9. Created preserves are allowed subject to the criteria in 3 05 07 H 10. Fire and fuel breaks within preserves kept to the minimum necessary in accordance with standard forestry practice shall Page 47 of 194 Words th` " stFue'�., - ^ugh are deleted, words underlined are added DRAFT 5/11/10 count toward the minimum native vegetation retention requirement. B. Specific standards applicable outside the RFMU and RLSA districts. Outside the RFMU and RLSA Districts, native vegetation shall be preserved on -site through the application of the following preservation and vegetation retention standards and criteria, unless the development •: Rh'n }ho A(`C!` where the erCr` standards �o refe.enneaJ .. the c)ngwrs R t e Land I Ice Clement shall a. p4y Th's Coal'.. shall nn1 apply to single family dwelling units situated on iRdiv dual 'GtS GF PaFGels. Required preservation. Development Type Coastal High Non - Coastal High Hazard Area Hazard Area Less than 10% Less than 5 10% 2.5 acres acres Equal to or Equal to or greater 25% greater than 5 15% Residential and Mixed than 2.5 acres and less Use development than 20 acres acres Equal to or 25% greater than 20 acres Golf Course 35% 35% Less than 5 10% Less than 5 10% Commercial and acres acres Industrial development and all other non- Equal to or Equal to or specified development greater o 15% greater than 5 15% types than 5 acres acres Industrial development 50 %, not to exceed 50 %, not to exceed (Rural - Industrial District 25% of the project 25% of the project only) site site. Exceptions. An exception from the vegetation retention standards above shall be granted in the following circumstances: where the parcel was legally cleared of native vegetation prior to January 1989 and remains cleared of native vegetation; b. where the parcel cannot reasonably accommodate both the application of the native vegetation retention Page 49 of 194 Words s4Tiii F-lFoc are deleted, words underlined are added DRAFT 5/11/10 standards and the proposed uses allowed under this Code, subject to the criteria set forth in section 3.05.07(H)(1)(e). H.1.e. C. Right -of -way acquisitions by any governmental entity for all purposes necessary for roadway construction including ancillary drainage facilities, and including utilities within the right -of -way acquisition area. d. Existing utility easements and easements for ingress or egress required for neighboring properties. vegetation. f. Trees and other vegetation planted for landscaping and which have not been used to satisfy the native vegetation preservation requirement. g. Previously cleared fallow farm fields and pastures with no canopy trees (other than slash pine trees with less than an 8 inch DBH or palms with less than 8 foot of clear trunk) and less than 75 percent aerial coverage of native H. Preserve standards. 1. Design standards. b. Minimum dimensions. The ^ ath of the shall be- : Thin linear and perimeter "picture frame - shaped" preserves are discouraged, unless such preserve shapes are dictated by environmental or environmental regulatory bodies. water management lakes, estuaries government owned or targeted lands for preservation purposes or existing listed wildlife habitat, when present are encouraged to establish the largest contiauous natural area possible The following minimum widths shall apply: twenty feet, for property less than ten acres. ii. an average of thirty feet in width but not less than Page 49 of 194 Words 'mssh are deleted, words underlined are added DRAFT 5/11/10 twenty feet in width, for property equal to ten acres and less than twenty acres. iii, an average of fifty feet in width but not less than twenty feet for property of twenty acres and greater. iv. If the existing native vegetation does not meet the minimum dimensions specified above and is required to be preserved pursuant to the preserve selection criteria in section 3.05.07, then the existing native vegetation may be used to satisfy the preservation requirement. d. Preserve mechanisms. All preserve areas shall be designated as preserves on all site plans. On -site County required preserves shall be dedicated to the County as non- exclusive conservation easements without placing on the County the responsibility for maintenance of the preserve area, and the easement conveyance to the County shall include the right of access from existing road right -of -way. The easement shall dedicate the responsibility of maintenance to a property owners association or similar entity, and it shall contain allowable uses and limitations to protect the preserve. All preserve areas shall be shown on the preliminary and final plats in accordance with section 10.02.04, with language similar to Section 704.06 F.S. Page 50 of 194 Words struck- t4tfotro are deleted, words underlined are added DRAFT 5111110 access easements that are not compatible with allowable uses in preserve areas, may proiect into a preserve area State and federal parks and preserves shall not be required to place their preserves in a conservation easement. Any conservation easement or other document restricting uses in a preserve area shall contain the following statement (consistent with CCME GMP Policy 1 1 6): "Oil extraction and related processing operations are uses which are exempt from the restrictions herein and shall remain allowed uses on the lands described herein." 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 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 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 Rat`,^ preservat en requiFements Gannet be aGGGFArnodated, the landsGape plan shall reGreate —a native –plant Page 51 of 194 Words 's k thfaHg : are deleted, words underlined are added DRAFT 5/11/10 Greate the lGst mature vegetation. These ., -eaie&-. To provide for flood plain compensation as required by the LDC. (d) When a State or Federal permit requires creation of native habitat on site. The created preserve acreage may fulfill all or part of the native vegetation requirement when preserves are planted with all three the appropriate strata; using the criteria set forth in Created Preserves. This exception may be granted, regardless of the size of the project. (e) When small isolated areas (of less than 1/2 acre in size) of native vegetation exist on site. In cases where retention of native vegetation results in small isolated areas of 1/2 acre or less, preserves may be planted with all three strata; using the criteria set forth in Created Preserves and shall be created adjacent existing native vegetation areas on site or contiguous to preserves on adjacent properties. This exception may be granted, regardless of the size of the project. (f) When an access point to a project cannot be relocated. To comply with obligatory health and safety mandates such as road alignments required by the State, preserves may be impacted and created elsewhere on site. (g) To provide for connections to on or off site preserves. (h) In the RFMU District where upland buffers required by the LDC, lack native vegetative communities. Page 52 of 194 Words St oek ihFOUgh are deleted, words underlined are added DRAFT 5111110 ii (1;} Approved created preserves may be used to recreate: ajM not more than one acre of the required preserves if the property has less than twenty acres of existing native vegetation. bj(2} 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. c)(3) not more than 10% of the required preserves if the property has equal to or greater than eighty acres of existing native vegetation. iiife} The minimum dimensions shall apply as set forth in 3.05.07 H.1.b. i_v(d) 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. Page 53 of 194 Words tr ^s.r k through are deleted, words underlined are added DRAFT 5/11/10 V. Preparation of required planting plans for preserves. Preserve dantina plans shall be desianed 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. A Planting requirements for created preserves. Soils compatible with the habitat to be created shall be used to create the preserve. Where compatible soils are not present, a minimum of 6 to 8 inches of compatible soil shall be used. Where created preserves are approved, the planting plan shall re- create a native plant community in all three strata (ground cover, shrubs and trees), utilizing larger plant materials to more quickly re- create the lost mature vegetation. Environments which do not normally contain all three strata shall only be required to plant the strata found in the habitat to be created. Plant material shall be planted in a manner that mimics a natural plant community and shall not be maintained as landscaping. Such re- vegetation shall include the following minimum sizes: one gallon ground cover; 7 gallon shrubs; canopy trees in the following sizes: 25 percent at 10 feet, 50 percent at 8 feet and 25 percent at 6 feet. Spacing requirements for calculating the number of plants shall be as follows: 20 to 30 foot on center for trees with a small canopy (less than 30 feet mature spread) and 40 to Page 54 of 194 Words stiuck through are deleted, words underlined are added DRAFT 5111110 50 foot on center for trees with a large canopy (greater than 30 feet mature spread) 10 foot on center for shrubs 3 foot on center for ground covers which spread by rhizomes or creeping stems or which have a mature height of 2 feet or more, excluding the bloom and 2 foot on center for ground covers with a mature height of less than 2 feet excluding the bloom and which reproduce primarily by seed. Minimum sizes for plant material may be reduced for scrub and other xeric habitats in order to promote diversity or where smaller size plant material is better suited for re- establishment of the native plant community. Coverage of pine and hardwoods in scrub habitats shall occupy no more than 70% of the area of a scrub preserve in order to create natural open areas for wildlife and native ground covers. In south Florida slash pine dominated environments where fire is a concern the amount of mid -story vegetation planted may be reduced to promote the growth of native ground 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 Page 55 of 194 Words ._sue' hyeug; are deleted, words underlined are added DRAFT 5111110 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 onlV 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 project, 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 maV be planted as bare root plants. Natural recruitment of native groundcovers may be used in areas where native groundcovers would be expected to regenerate on their own. If within a two -year period the coverage of ground covers is less than that typically found in environments containing these species then supplemental planting with native ground covers or distribution of native seed shall be required. A planting plan with schedule for planting or distributing native seed shall be included as part of the preserve management plan, in case sufficient natural recruitment of groundcovers has not occurred. Natural recruitment of south Florida slash pine (Pinus elliottii var. densa) may be used where south Florida slash pine would be expected to regenerate on their own. If within a two -year period the number of pine seedlings is less than that needed to regenerate the habitat type then supplemental planting with south Florida slash pine or distribution of south Florida slash pine seed shall be required. A backup planting plan with schedule for planting or distributing seed shall be included as part of the preserve management plan, in case sufficient natural recruitment has not occurred. South Florida Pine 56 of 194 Words s#etck throu h are deleted, words underlined are added DRAFT 5/11/10 slash pine trees may be planted as seedlings in lieu of planting four foot high trees, for individual preserves 100 or more acres in size. Restoration of mangroves shall be with one to three gallon container mangroves unless otherwise permitted by State and Federal permitting agencies. Minimum sizes for plant material may be reduced for scrub and other xeric habitats in order to promote diversity or where smaller size plant material is better suited for re- establishment of the native plant community. Coverage of pine and hardwoods in scrub habitats shall occupy no more than the 70% of the area of a scrub preserve in order to create natural open areas for wildlife and indigenous ground covers. viii. Success criteria. Success shall be demonstrated for created preserves and supplemental planting within preserves, 5 years after installation of plant material and shall be included with the monitoring report. Before and after photos taken from specific or permanent field markers to identify the locations within the preserve shall be included in the above mentioned monitoring report. Demonstration of success shall include the following: a) 80% vegetative coverage has been 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. Page 57 of 194 Words .ek-t,,,�h-^ -gh are deleted, words underlined are added DRAFT 5 /11 /10 f. Off -site veoetation retention Applicability. A propertv 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 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. Right of Way acquisitions to be conveyed or in the process of being conveyed to the County by non - governmental entities for all purposes necessary for roadway construction, including ancillary drainage Page 58 of 194 Words struck44 ratter are deleted, words underlined are added DRAFT 5/11/10 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 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. Page 59 of 194 Words °'-,,,' elk are deleted, words underlined are added DRAFT' 5/11/10 a) Applicants shall make monetary payment to Collier County. Such funds will be used by the County for the purchase and management of off -site conservation lands within the countV. 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 bV 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 for conservation purposes to Collier County or to another government agency. In the event of donation to Collier County, the applicant maV acquire and subsequently donate land within the protect 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 must include a cash payment for management of the land. The amount of this payment shall Page 60 of 194 Words sifuek- tk+reagk are deleted, words underlined are added DRAFT 5111/10 be equal to 25 percent of the average cost of land in the Urban Designation or 25 percent of the average cost in all other Designations as applicable as defined by the FLUE, purchased by Collier County, through the Conservation Collier program Applicants shall provide evidence that donations of land for preservation and endowments for management have been accepted by and donated to the entitv stated above, at the time of the preconstruction meeting for the SDP or final plat construction plans. Exotics shall be removed in accordance with the time frames provided in 3.05.07 H.2. State and Federal agency requirements for mitigation remediation and monitoring for the donated land shall be the responsibility of the applicant. iv. PUD zoning. Where the off -site native vegetation retention alternative is used for portions of preserves not identified on a PUD master plan a PUD amendment is not required Preserves or portions of preserves identified on a PUD master plan shall require an amendment to the PUD master plan to use the native vegetation retention alternative subject to 10 02 13 E unless the option to use the off -site native vegetation retention alternative is included in the PUD. 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: General Maintenance. Preserves shall be maintained in their natural state and must be kept free of refuse and debris. Exotic vVegetation Removal, Non - native vVegetation, and Nuisance or Invasive Plant Page 61 of 194 Words °'* are deleted, words underlined are added DRAFT 5111/10 Control. Exotic vegetation removal and maintenance plans shall require that Category I Exotics be removed 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 execs vegetat+en exotic vegetation in preserves, required retained natve 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. Non native vegetation and aNuisance or invasive plants and non - native ornamental vegetation shall be removed eradicated from all Rpreserves. Designation MaRager shall be identified as the rp to ensure that the Presepte Mana address and phone RUrnber shall be listed on t Preserve Management Plan, The sa shall be provided regard ng the management Of the pFeseNe. At that time, t homeowners aSGGGiatien shall amend the plan provide the homeowner association iRfOFmat OR regardiRg the pepseR hired by t. ma ntenanGe of the preserve, n p Page 62 of 194 - Words stFuck44ouo are deleted, words underlined are added DRAFT 5/11/10 Iii. Designation of a Preserve Manager. A Preserve Manager shall be responsible for providing the developer /property 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. Where s.te _^^el?:^^c; . ___.. _ The County will accept state and federal management plans that are consistent with the requirements of the LDC. V. 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 Page 63 of 194 Words �sh- uk� are deleted, words underlined are added DRAFT 5/11/10 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 that may be affected by the land management practices no more than six months prior to clearing if gopher tortoises occur in the area or within the time frames recommended by the FFWCC and USFWS. Fire Management plans shall be consistent with wildlife habitat 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 Pale 64 of 194 Words stfuek- thrtwgh are deleted, words underlined are added DRAFT 5111110 reports for stormwater within preserves shall be included as part of the annual inspection monitoring resorts pursuant to ix (below). The County will accept wetland monitoring reports submitted to the South Florida Water Management District as lonq 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 Preserve Manager on an annual basis at a minimum or more frequently when required to insure the preserve functions as intended The results of the inspections and recommendations of the Preserve Manager, must be included in a monitoring report on an annual basis at a minimum. The property owner shall retain copies of the five most recent years of monitoring reports and make them available to Collier County upon request. X. _Preserve Site Plan. A Preserve Site Plan with FLUCFCS Codes for each of the habitat types within the preserve must be included as part of the Preserve Management Plan. The location of Pathways and other approved uses within the preserve must be included on the Preserve Site Plan. 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 Page 65 of 194 Words Aru � are deleted, words underlined are added DRAFT 5/11/10 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 be 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: j) Recommended widths for pedestrian pathways is 5 feet, but shall be kept to a maximum width of 8 feet. Widths greater than 8 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. 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. 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. Page 66 of 194 Words s4rwk- through are deleted, words underlined are added DRAFT 5/11/10 V) Where feasible, pathways shall be designed to maintain existinq 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. C) Educational siqnaqe and bulletin boards located on or immediately adjacent to the pathway. d) Benches for seating e) Viewing platforms f) Wildlife sanctuaries for indigenous free roaming wildlife. Wildlife parks wildlife rehabilitation centers and similar type uses with non- indigenous wildlife or caged or enclosed wildlife, shall not be allowed within preserves. q) Conservation - related activities comparable in nature with the aforementioned uses. as Page 67 of 194 Words struelF- through are deleted, words underlined are added DRAFT 5/11/10 determined by the County Manager or designee. h. The requirements of this subsection (3.05.07 H.1.h.i) shall not apply to preserve pathways structures or improvements that had permits prior to (effective date of this Ordinancel. Existing pathways, structures or improvements that had permits may be repaired maintained and replaced within the existing footprint of the pathway, structure or improvement. 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) of the Basis of Review for Environmental Resource Permit Applications for the South Florida Water Management District or the Watershed Management regulations of Section 3.07.00. C) Discharge of stormwater into a preserve shall be in a controlled manner to prevent erosion scour, and to promote even distribution. d) Stormwater may be discharged into preserves comprised of: 1) jurisdictional wetlands and the minimum required upland buffer around these wetlands in accordance with an approved SFWMD Environmental Resource Permit (ERP); 41 uplands comprised primarily (greater than 50 percent by area) of hydric soils as mapped by the Natural Resources Conservation Service (NRCS) or as determined bV in situ hydric indicators; Pale 68 of 194 Words struck through are deleted, words underlined are added DRAFT 5/11/10 Iii non -jurisdictional areas dominated by hydrophytic (Obligate (OBL) & Facultative Wet (FACW)) vegetation iv or a combination thereof, e) Where preserves include uplands comprised of greater than 50% by area of non- hydric soils and not addressed in subsection 3.05.07 H.1.h.ii.d (above) stormwater may be discharged into said preserves provided the following criteria are met: 11 If gopher tortoise, red - cockaded woodpecker, Big Cypress fox squirrel, scrub jay or the nests of bald eagle are present technical assistance from the FFWCC or USFWS shall be provided indicating that no harm to these species or their habitat will occur due to discharge of stormwater into the preserve. Technical assistance must be site specific; ii) Demonstration that the upland portion of the preserve is not inundated for more than 30 consecutive days during a reference wet season, as demonstrated through stormwater modeling. For the purpose of 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 qroundwater 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 Page 69 of 194 Words 4.r- wA- thfough are deleted, words underlined are added DRAFT 5111110 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 nq Stormwater shall not be directly discharged into land designated as 322, 413, or 421 FLUCFCS Codes. fl 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 cannot count towards the native vegetation preservation requirement pursuant to section 3.05.07. These facilities are not subject 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. h) Stormwater shall be allowed in preserves in the RLSA - WRA areas in accordance with section 4.08.00 Rural Lands Stewardship Area Overlay District standards and procedures. i) A property owner maV 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 Page 70 of 194 Words 4rac through are deleted, words underlined are added DRAFT 5/11/10 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 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. iii. No setback from preserves is required for fences or retaining walls permitted as part of the stormwater management system Decorative walls must be set back a minimum of five feet from the boundary of preserves. Permanent fences and walls are prohibited within preserves unless approved by the FFWCC or USFWS as part of an approved wildlife management plan in accordance with 3.04.00. Where construction of such structures impacts native vegetation in the preserve a restoration plan shall be provided and included as part of the preserve management plan No trenching for wall /fence installation is allowed within 10 feet from preserve boundary , unless adjacent to a fire break in the preserve Trenching is allowed for installation of gopher tortoise fencing pursuant to FFWCC Gopher Tortoise Permitting Guidelines and for retaining walls designed to minimize impacts to native habitat and wetlands such as those permitted as part of the stormwater management system. iv. No setback from preserves is required for impervious or pervious pathways or other structures allowed within preserves pursuant to this section. V. In those areas of Collier Countv 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 Page 71 of 194 Words st+tiek- throuo are deleted, words underlined are added DRAFT 5 /11 /10 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 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 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. SUBSECTION 3.Q. AMENDMENTS TO SECTION 3.06.06 REGULATED WELLFIELDS Section 3.06.06 Regulated Wellfields, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.06.06 Regulated Wellfields The following wellfield risk management special treatment overlay zones, as defined in section 3.06.03, and criteria specified herein shall be applied to the following wellfields: A. City of Naples East Golden Gate Well Field. City of Naples Coastal Ridge Well Field. C. Collier County Utilities Golden Gate Well Field. D. Everglades City Well Field. Page 72 of 194 Words struck -tth are deleted, words underlined are added DRAFT 5111110 E. Florida Governmental Utility Authority Golden Gate City Well Field. F. Orange Tree Well Field. G. Immokalee Well Field. H. Ave Maria Utility Company Well Field. COLLIER COUNTY UTILITIES GOLDEN GATE WELL FIELD Page 73 of 194 Words siwslcthrough are deleted, words underlined are added DRAFT 5/11/10 COLLIER COUNTY UTILITIES GOLDEN GATE WELL FIELD Illustration 3.06.06 C. For more detailed information, refer to the Collier County Zoning Map at www.colliergov.net/lodex.a5px?page=992 Page 74 of 194 Words stwsk- 44roe bh are deleted, words Underlined are added C R Bt8 M10K41 YF X!l a!) MNDALL LBOJI APA i l0 <Q lfi I -SiW -] �1 9i W -i 1 com[u Bare B JL[vaRB I sTW.i r � 7 Is sTw 1 sTW z i' 3 IN p STW3--- 23 Ia 27 26 2" T-- > f J: F, ➢ }p 35 31 — —_ i uucnion 'uev lsz x�l l I s Illustration 3.06.06 C. For more detailed information, refer to the Collier County Zoning Map at www.colliergov.net/lodex.a5px?page=992 Page 74 of 194 Words stwsk- 44roe bh are deleted, words Underlined are added DRAFT 5/11/10 « « « FLORIDA GOVERNMENTAL UTILITY AUTHORITY GOLDEN GATE CITY WELL FIELD 11"InTAIC 75 N i..t. �nmlo vuno cc am) 1y_�6 35 JB 24 Page 75 of 194 Words struck -through are deleted, words underlined are added DRAFT 5 /11 /10 FLORIDA GOVERNMENTAL UTILITY AUTHORITY GOLDEN GATE CITY WELL FIELD Illustration 3.06.06 E. For more detailed information refer to the Collier County Zoning Map at www__o ieraov net /Index asx?�aoe =992 Page 76 of 194 Words saruA through are deleted, words underlined are added DRAFT 5111110 ORANGE TREE WELL FIELD ,d n vhu.xwn ICA M) z� is lurauL �outww Page 77 of 194 Words stFuek4hfough are deleted, words underlined are added DRAFT 5111/10 ORANGE TREE WELL FIELD Illustration 3.06.06 F. For more detailed information, refer to the Collier County Zoning Map at www.QQlliergQv,net/Index.aspx?page=99 Page 78 of 194 Words 4t,uck4hr ugh are deleted. words underlined are added DRAFT 5/11/10 AVE MARIA UTILITY COMPANY WELL FIELD Illustration 3.06.06 H. For more detailed information refer to the Collier County Zoning Map at www collieraov.net/Index.aspx?page=992 Page 79 of 194 Words 4Fuek4hroug are deleted, words underlined are added DRAFT 5 111/10 SUBSECTION 3.R. AMENDMENTS TO SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts D. Exemptions and exclusions from design standards. 9. Fences, walls and hedges, subject to section 5.03.02, round (slab on grade) mounted air conditioners unenclosed pool equipment and well pumps are permitted in required yards, subject to the provisions of section 4.06.00. (For permanent emergency generator setbacks see Article IV, section 54 -87 of the Collier Countv Code of Laws and Ordinances.) SUBSECTION 3.S. AMENDMENTS TO SECTION 4.02.02 DIMENSIONAL STANDARDS FOR CONDITIONAL USES AND ACCESSORY USES IN BASE ZONING DISTRICTS Section 4.02.02 Dimensional Standards for Conditional Uses and Accessory Uses in Base Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows 4.02.02 Dimensional Standards for Conditional Uses and Accessory Uses in Base Zoning Districts A. GC District. fRESERVEDI Page 80 of 194 Words sr;,Fuek4l )utgh are deleted, words underlined are added B. A District. [RESERVEDI 4- ^AGGeessor DRAFT 5/11/10 FFF MAI M. rm► - -- - - - --- --- - - - -- ... Page 81 of 194 Words ' .,^- t°'� ro g: are deleted, words underlined are added FRIIIII MAI M. rm► - -- - - - --- --- - - - -- ... Page 81 of 194 Words ' .,^- t°'� ro g: are deleted, words underlined are added DRAFT /1l /10 Page 82 of 194 Words st+ude through are deleted, words underlined are added DRAFT 5111110 G. C -1 District. MINN 1-1 ARM WON Page 83 of 194 MUM Words •tf _ugh are deleted, words underlined are added N W-07 OWN G. C -1 District. MINN 1-1 ARM WON Page 83 of 194 MUM Words •tf _ugh are deleted, words underlined are added DRAFT 5/11/10 ... H. C -2 District. !RESERVED] _ Page 84 of 194 Words struck thno g-h are deleted, words underlined are added Page 84 of 194 Words struck thno g-h are deleted, words underlined are added DRAFT 5111110 C-3 District. [RESERVEDI Mmed And AAn;m.eFGi;;'I Use may be J. C-5 District. [RESERVEDI Child day Gare Fnay be allowable as a G911ditial;al use, 6ubjeGt tO the follow ng standards] .. Z.-I.C. - m ININIONSIM raas�t�: err_ �- �nr.. nr..,• r.« i�. nT. rarrnerr _�s_+zarr_�r..+mr..nr..�rr, Page 85 of 194 Words ^'.,«oak th' "-^ g : are deleted, words underlined are added DRAFT 5/11/10 to WATI. - WNW- K. I District. [RESERVEDI 4- Conditional uses. SUBSECTION 3.T. AMENDMENTS TO SECTION 4.02.12 SAME — OUTDOOR STORAGE Section 4.02.12 Same — Outdoor Storage, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.12 Same — Outdoor Storage A- Outdoor steFage yards may be permi-.;,;ihlP. iR thtz 2 4. distriGt, provided that the yard is !E)Gated no n1pser than twenty five (25) feet to aRY PHN 6 Street and tha or yards used in whole eF part for SGrap eF salvage opeFatiens or for process Rg, sterage, display, or sales ef any scrap, sa"e, or seGondhand building Words strudi thFa ate deleted, words underlined are added DRAFT 5/11/10 Iw C- 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. SUBSECTION 3.U. AMENDMENTS TO SECTION 4.02.29 SAME —FARM MARKET OVERLAY SUBDISTRICT Section 4.02.29 Same —Farm Market Overlay Subdistrict, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.29 Same —Farm Market Overlay Subdistrict 3: Limited - 4- I IN ..r..le Gt ;G 6- Saaitafyfaviiitas. 3: Limited hours of operatien 4- rd- Fire ..r..le Gt ;G 6- Saaitafyfaviiitas. Page 87 of 194 Words struck through are deleted, words underlined are added DRAFT 5/11/10 4_1111117 miii =18010 Mi 44-m A M R MUM 5 foot landSGape buffeF shall be FequiFed adjacent to any read Fights y. SUBSECTION 3.V. AMENDMENTS TO SECTION 4.02.32 SAME —MAIN STREET OVERLAY SUBDISTRICT Section 4.02.32 Same —Main Street Overlay Subdistrict, of Ordinance 04 -41, as amended, the Collier County Land Development Code. is hereby amended to read as follows: 4.02.32 Same —Main Street Overlay Subdistrict i�vr_rte�rr_rmrr_�- .r_esrsr�mr. r .�:.rc�en�:rrs�r_�sa^.r_na:rrrrc� r: r_ �rrrrrrs�enrrs�r_ �a- r_ra�:srrrrr_r_r��:!rrsnr_r_ 4-, Location of sale/display of merchandise in e park Rg areas. Page 88 of 194 Words str ck thresh are deleted, words underlined are added DRAFT 5 /11 /10 w. liml SUBSECTION 3.W. AMENDMENTS TO SECTION 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD -MIXED USE SUBDISTRICT (MXD) Section 4.02.35 Design Standards for Development in the GTMUD -Mixed Use Subdistrict (MXD), of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.35 Design Standards for Development in the GTMUD -Mixed Use Subdistrict (MXD) B. Regulations For Outdoor Display and Sale of Merchandise. GTMUD Figure 1. Front Setback Zone Davis Boulevard, US 41, Airport- Pulling Road and Commercial Drive (For illustrative purposes only) Page 89 of 194 Words struck hro gh are deleted, words underlined are added DRAFT 5 /11/10 Front Setback Zone Front Setback Zone Mixed Use Subdistrict Mixed Use Subdistrict and C-1 through C-5 and C-1 through C -5 Commercial Zoning Commercial Zoning Districts Districts 3 Commercial Zoning 0 � Ip : 1 I I I : I yy b Or se's <ioaa � p�! �n y aan Z—. s:nwµ yy aw. zww � imvasdmuim.Idw 'snmlmtl[w: nFM' Davis Boulevard, US 41 Commercial Drive and Airport- Pulling Road Front Setback Zone Front Setback Zone Mixed Use Subdtstnct Mixed Use Subdistrict and Gf through C-5 and C -1 through C-5 Commercial Zoning Commercial Zoning Districts Districts ih 14% n Davis Boulevard, US 41 Commercial Drive and Airport- Pulling Road Page 90 of 194 Words etltjCk thFO ,-." are deleted, Words underlined are added DRAFT 5111/10 GTMUD Figure 3. 3 -Story Building Height, Step Back, Projections, and Recesses (For illustrative purposes only) Mixed Use Subdistrlct/Residential above Commercial or Residential Only Fronting on_ US-4 1: 3 Stories Maximum Actual Height: 56 Feet Mini Triangle Mixed Use 8 Stories Maximum Actual Height: 126 Feet Commercial Zoning Districts Heights according to current LDC i Prq#cftw AXoeed / Aw ngs, "eale..Nen 'b Faat McHmam 1r l EI >I el LL 10 Feet MlnM. Sle adB bem Front Yero Bu sey Abd m k ry end Above Parapet meHmum I /eeta6ow Roo/ Wo OEew Una o T,dBulX up RuW Reside UW U. OMy R MOO"" Halpht Q Corrwsrtlal Usew y�y R 70% & Fmnt Facedo must be placed w Front Ya BWM- Io-L.,erM Remaeae must M • MMhnum a/3 Fasf 3 Feet GTMUD Mixed Use Subdistrict and C -1 through C -5 Districts: Building Height, Step -Back, Projections and Recesses Page 91 of 194 Words strask hfeegh are deleted, words underlined are added Mixed Use Subdistrict/Residential above Commercial or Residential Only Fronting on US 41: 3 Stories Maximum Actual Height: 56 Feet Mini Triangle Mixed Use 8 Stories Maximum Actual Height: 126 Feet Commercial Zoning Districts Heights according to current LDC S Fri P q.olon Allowed forAwninge, Cenoplee end Balconies: 6 Feet Merimum DRAFT 5 /11 /10 l frl GTMUD Mixed Use Subdistrict and C -1 through C -5 Districts: Building Height, Step -Back, Projections and Recesses Page 92 of 194 Words si+ee"seagh are deleted, words underlined are added F B Perepef merlm. C Foot etove Roof Bottom of Esve Line or Top of BulMup Roof m Foot Mlnlmum Resldentlel Use Only SIVP.beckfmm Front Yerd Bullddallne 3rd Story end Above Merlmum Height. 42 Ft Commerclel Uae or 7 Resldenflel Use Buildings C MY l frl GTMUD Mixed Use Subdistrict and C -1 through C -5 Districts: Building Height, Step -Back, Projections and Recesses Page 92 of 194 Words si+ee"seagh are deleted, words underlined are added F B DRAFT 5 /11 /10 GTMUD Figure 4. 4 -Story Building Height, Step Back, Projections, and Recesses (For illustrative purposes only) Mixed Use SubdisWctl Residential above Commercial or Residential Only Fionpng on US 41: 4 Stories Maximum Actual Height., 70 Feet Min/ Triangle Mixed Use 8 Stories Maximum Actual Height: 128 Feet N Ywu b l+M Commercial Zoning ph Zan Prql.a(Nwie Heights according to Current LDC Affia / - AwMnpe, n I Samana. 10 Fe et MlnN Sap3 Iron Fronf Yard Suld-fo-Una of Y and Sby andAgw N44n 6fH1 �. P fiambn Albwad b Awrnn, Caroya, and wnnnke 10 Minimum Feat Pa f muknom 4 bet above Roof Q RsWenm U» CNy I a Slmbe Mxrimum H.W W Maap lMe: Carvrwrtlan'or Realdentlai Uae Re.NdentlN Par UM)' Cmmxrdlela Raddanlb' ONy Frcvrdna wr U3lf C�� ��a.Wp Fbat Fl HOO'• No bea Men i] Feet Ne nprV flan 19 FaW fiwn FNidad Fborb CeMp F Fbw CanmeMa'Uae Ord' 10%olFio.M Fedxb muafbe Ftacadon ^t � FvN YaN fWNtlA(Lre,aMRwauw �7${ I� muefb aMkumum o/3 Feet !- - /3Feat m E� GTMUD Mixed Use Subdistrict and C -1 through C -5 Districts: Building Height Step - Back P erections and Recesses Page 93 of 194 Words struck thFough are deleted, words underlined are added C R R i! E R DRAFr sitvto Mixed Use SubdlstricHResldendal above Commercial or Residential Only Fronting on US 41: 4 Stories Maximum Actual Height: 70 Feet Pn.p.f mrbnum 1 F..bbow ROOI Mini Triangle M &ed Use Bnnom./a 0 Stories Maximum Actual Height: 126 Feet ;;,„ "'" Commercial Zoning Districts Projection, Heights according to current LDC Ah rl ¢ a R.SNmdl lL.. only B.konlw l 10 Minimum Fact Minimum Sf,b Fnn1 Yana R.,Id,ntl l U,. Ony S.Ud -f dlnut 3M a. St.ry .ndAbow Comm.rolll or R.1ldenI10 Use Only 4 Storks M"Unum Wahl IS Fl Mtrsd U. R.Vd., . Oav Commemla or R.rMenWl Only Frooling on US 41 .tl.. i .................................. Cw Ffnt .n 2F.9 No b,. 0 Men i1 Fecf Na mon Mm iS Faa Amon FInISA.d Floor to CMtlna Flrzf Fbor COmmoskl US.Ony ..n- 3P., GTMUD Mixed Use Subdistrict and C -1 through C -5 Districts: Building Height, Step -Back, Pro %actions and Recesses Page 94 of 194 Words stfuek thrciug4a are deleted, words underlined are added p E e S A S Y_ x Y DRAFT 5/11/10 C. Parking Standards 1. Mixed Use Projects d. Parking Location i. Off- street parking in front of buildings abutting US 41, Davis Boulevard or Airport- Pulling Road shall not exceed 50% of that building's parking requirement. a) The design shall be a single -aisle double - loaded parking lot. b) The remaining parking required shall be located on the side or rear of the building. Parking Location (For illustrative purposes only) OTMUD - Mired Use Subdistict. I' Front Y.b a.Aaroun. Location of Off Stmet Parking rk tans aeour m aenmy (- �iy __��_I�n�Il11�'I�iLJmnIL_,. 1�11�.�ttmnlim�W '�iiltna!a�ILJ��.', Comer Lots Intwior Lois ll, 100 %orparking I permitted on side or _ — mar permlded on side or Build- to-Llne. ----------- i rear ofFmnt Yard rronr rvicewao-u�w - -- BuOd -to -Line. __ — ____- � _ y � F tYam auh4tWne .. _ _ v c6wY Pvbtic Sfr.at J --1 Page 95 of 194 Words sfi OI through gh are deleted, words underlined . are added GTMUD - Mixed Use Subdistrict. Location of OH Street Parking PuWC 54vcf GTMUD Figure 5 I 4 l,i � 1 _ t DRAFT 5 111/10 1mX FOpuiNPUM9 on Reve.Sdc r III '.' ) P.W11 S. SUBSECTION 3.X. AMENDMENTS TO SECTION 4.05.02 DESIGN STANDARDS Section 4.05.02 Design Standards, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read 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 Page 96 of 194 Words staek th;eagh are deleted, words underlined are added DRAFT 5111110 stop except in the case of parallel parking where the dimension of the space shall be nine (9) feet by twenty -three (23) feet for 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) foot 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. Page 97 of 194 Words tr s�,u^' „ through are deleted, words underlined are added DRAFT 5111/10 Yys bX ff� pp Qp �1 o Y �•_1 1 r, r ]SON a T I b6Y okKI - T t..ql r N p MIC TIM AINC DE Y % DIY6ION Z.O COLLIER COUNTT DEYELOPIYEIYR i� SERVICES D"AME" 19 JAN 99 N.T.S. EXHIBIT A Page 98 of 194 Words stf Lick reug'- are deleted, words underlined are added DRAFT 5111110 ° RH:1 77,77 2 w m (WfIITE) io f - � I z TYPICAL OFF— STREF,T l„ PARKING DESIGN 3 p DIVISION 2.0 w _ COLLIER COUNTY DEVELOPMENT SERVICES DEPARTMENT ...1 -9 JAN 96 N.T.S. EXItiIBIT A Page 99 of 194 Words stmck4hfough are deleted, words underlined are added a _NVO � rc i -- �b WrcaO I� bz y_ i r LJ m 1 D a aom N y. ma ° RH:1 77,77 2 w m (WfIITE) io f - � I z TYPICAL OFF— STREF,T l„ PARKING DESIGN 3 p DIVISION 2.0 w _ COLLIER COUNTY DEVELOPMENT SERVICES DEPARTMENT ...1 -9 JAN 96 N.T.S. EXItiIBIT A Page 99 of 194 Words stmck4hfough are deleted, words underlined are added DRAFT 5111/10 SUBSECTION 3.Y. AMENDMENTS TO SECTION 4.05.04 PARKING SPACE REQUIREMENTS Section 4.05.04 Parking Space Requirements, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.05.04 Parking Space Requirements E. Required off - street parking shall be located so that no automotive vehicle when parked shall have any portion of such vehicle overhanging or encroaching on public right -of -way or the property of another. If necessary, wheel stops or barriers may be required in order to enforce this provision. F. Required off - street parking according to the requirements of this Code shall not be reduced in area or changed to any other use unless the permitted or permissible use that it serves is discontinued or modified or equivalent required off - street parking is provided meeting the requirements of this Code G. Minimum requirement. Irrespective of any other requirement of this LDC, each and every separate individual store, office, or other business shall be provided with at least one (1) off - street parking space, unless specific provision is made to the contrary. 2. The County Mra}anager or designee may determine the minimum parking requirements for a use which is not specifically referenced below or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in this LDC should not be applied. In making such a determination the County Manager or designee may require submission of parking generation studies; evidence of parking ratios applied by other counties and municipalities for the specific use; reserved parking pursuant to section 4.05.05; and other conditions and safeguards deemed to be appropriate to protect the public health, safety and welfare. 6 H. Spaces required. Table 17. Parking space requirements. Page 100 of 194 Words stRI k4hrough are deleted, words underlined are added DRAFT 5111/10 SUBSECTION 3.Z. AMENDMENTS TO SECTION 4.06.01 GENERALLY Section 4.06.01 Generally, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION 4.06.01 Generally D. Landscaping with Sight Design Triangles. Safe sight distance triangles at intersection and access points. (Refer to Figure 4.06.01 D., Sight Distance Triangles). Where a driveway /access way intersects a right -of -way or when a property abuts the intersection of two or more rights -of -way, a minimum safe sight distance triangular area shall be established. Within this area, vegetation shall be planted and maintained in a way that provides unobstructed visibility at a level between 30 inches and 8 feet above the crown of the adjacent roadway. Landscaping shall be located in accordance with the roadside recovery area provisions of the State of Florida Department of Transportation's Manual of Uniform Minimum Standards for Design, Construction, and Maintenance of streets and Highways (DOT Green Book) where appropriate. Posts for illuminating fixtures, traffic control, and street name signs shall also be permitted, so long as the sign or equipment is not within the prescribed clear space. Where an accessway enters a right -of -way, two safe distance triangles shall be created diagonally across from each other on both sides of the accessway. Two sides of the triangle shall extend 10 feet each way from the point of intersection from the edge of pavement and the right -of -way line. The third side of the triangle shall be a line connecting the ends of the other 2 sides. Page 101 of 194 Words stfuek through are deleted, words underlined are added s 1 streel Povsmenl �_ to _ j iriw.*G of Reqoved C,w, Ynnpe +ty _ _ _ (lbldled Nea,) PLAN : InIgl"ction of Wvslyav and Str el DRAFT 5/11/10 AI M.o of Required Goa, vWblity �clror .10 ht. man d frank --.�) Prwir.ey Iod� 1+ I — /o' Edge of Por wt Icr CROSS SECTION A —A' ; Intersection of D.ivewov and Street Street 1 25'— j E.len,ions of Rights .1 Wey (P.op. tint) r PLAN ' Str al Ind_ tersecfign Page 102 of 194 Words struck-4 Fi are deleted, words underlined are added Ilyhk of Way (Prop, Line) Street Pavement to —I Sidewalk Driveway Triangles of Required Cross Visabilily (Hatched Areas) 8' ht. min. i clear trunk 10' 30" ht. max. I— DRAFT 5/11/10 �— 10' J I I PLAN : Intersection of Driveway and Street Area of Requiretl`'�"�' y Cross Visibility I30" ht. max. 81 freak) " % /, i .: �—iawr g Driveway 3' od Edge of Pavement 10' CROSS SECTION A —A' : Intersection of Driveway and Street L11,10 CLEAR AREA FOR SIGHT DISTANCE— I I I 1 I I PAVEMENT I I LOCAL ROADWAY IN SUBDIVISION Figure 4.06.01 D — Sight Distance Triangles A' r-- -Right of Way (Prop. Line) Where a property abuts the intersection of two rights -of -way, a safe distance triangle shall be created. Two sides of the triangle shall extend 30 feet along the abutting right -of -way lines, measured from the point of intersection. The third side of the triangle shall be a line connecting the Page 103 of 194 Words suruck through are deleted, words underlined are added DRAFT 5 /11 /10 ends of the other 2 sides. The developer shall comply with all of the provisions of the applicable landscape requirements and this section 4.06.00 at the time of subdivision or development approval or when applicable. � . SUBSECTION 3.AA. AMENDMENTS TO SECTION 4.06.05 GENERAL LANDSCAPING REQUIREMENTS Section 4.06.05 General Landscaping Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.06.05 General Landscaping Requirements D. Plant Material Standards. 4. Shrubs and hedges. Shrubs and hedges shall be installed and maintained at a minimum height as specified in Section 4.06.02.C.4- except where street visibility at street and driveway intersections is required and where pedestrian access is provided. Shrubs and hedges shall screen the adjacent pavement surface or developed property required to be buffered and /or screened. Hedges, where required, shall be maintained so as to form a continuous, unbroken, solid visual screen within a minimum of one year after time of planting. SUBSECTION 3.613. AMENDMENTS TO SECTION 4.08.07 SRA DESIGNATION Section 4.08.07 SRA Designation, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.08.07 SRA Designation K. SRA Public Facilities Impact Assessments. Impact assessments are intended to identify methods to be utilized to meet the SRA generated impacts on public facilities and to evaluate the self- sufficiency of the proposed SRA with respect to these public facilities. Information provided within these assessments may also indicate the degree to which the SRA is consistent with the fiscal neutrality requirements of Section 4.08.07 L. Impact assessments shall be prepared in the following infrastructure areas: 7. Public Schools. The applicant shall coordinate with the Collier County School Board to provide information and coordinate planning to accommodate any impacts that the SRA has on public schools. As part of the SRA application, the following information shall be provided: Page 104 of 194 Words stack -db oeoh are deleted, words underlined are added DRAFT 5/1]/10 a Number of residential units by School Impact Analysis (SIA) for a determination of school capacity only (refer to section 10.04.09 for SIA requirements): and G b. The potential for locating a public educational facility or facilities within the SRA, and the sites locations of any site(sl that may be dedicated or otherwise made available for a public educational facility. SUBSECTION3.CC. AMENDMENTS TO CHAPTER 5 SUPPLEMENTAL STANDARDS TABLE OF CONTENTS Chapter 5 Supplemental Standards Table of Contents, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.03.01 5.03.02 5.03.03 5.03.04 5.03.05 5.03.06 5.04.01 5.04.02 5.04.03 5.04.04 5.04.05 5.04.06 5.04.07 5.04.08 5.03.00 Accessory Uses and Structures Canopy Tents and Shades Fences and Walls Excluding Sound Walls Guesthouses Dumpsters and Recycling Caretaker Residences Dock Facilities 5.04.00 Temporary Uses and Structures GeReFally (To Be Temporary Use Permits Interim Agricultural Uses Temporary Uses During Construction Model Homes and Model Sales Centers Temporary Events Temporary Signs Annual Beach Event Permits fReservedl SUBSECTION 3.DD. AMENDMENTS TO SECTION 5.03.02 FENCES AND WALLS Section 5.03.02 Fences and Walls, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page t05 of 194 Words 'st,ue,�sh are deleted, words underlined are added DRAFT 5 111 /10 5.03.02 Fences and Walls, Excluding Sound Walls NOR Page 106 of 194 Words struc4:4hR)tggh are deleted, words underlined are added DRAFT 5/11/10 Page 107 of 194 Words stwe#4hreugh are deleted, words underlined are added DRAFT 5/11/10 S p. . Page 108 of 194 Words struck through are deleted, words underlined are added DRAFT 5111/10 A. Fences or walls shall be permitted principal uses in all districts, subject to the restrictions set forth in this section, unless specifically exempted; however, a Page 109 of 194 Words struck through are deleted, words underlined are added DRAFT 5111/10 fence or wall shall not, in any way, constitute a use or structure which permits requires, and /or provides for any accessory uses and /or structures. B. A fence or wall may be located on a lot line, but no fence or wall (including foundation) shall protrude in full or part on adjacent property or right -of -way. C. Residential (RSF, RMF RT VR MH) and TTRVC zoning districts and designated residential components of PUDs shall be subject to the following maximum fence and wall heights: a. Reauired front vard i. lots greater than 1 acre: 6 feet ii. non - waterfront interior lots 1 acre or less: 4 feet iii. waterfront lots 1 acre or less: 4 feet V. corner lots 1 acre or less: fences closer than 10 feet to the longest lot line frontage of a corner lot, 4 feet; when placed at 10 feet or areater from the lonaest lot line frontaae. than 6 feet. b. Required side and /or rear yard(s i. lots greater than 1 acre: 6 feet 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 V. Public Utility Ancillary Systems: 8 feet V. corner lots 1 acre or less: 4 feet (there is no rear yard on a corner lot) D. Commercial and Industrial zoning districts, excludinq 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 height of 8 feet. Z The Countv Manaaer or desianee may approve an administrative variance from the height limitations of fences and walls in commercial and industrial zoning districts provided that at least one (1) health safety, or welfare hazard peculiar to the property is identified, and that such approval does not address a generic problem more properly corrected by an amendment to this Code. E. Agricultural and Conservation zoning districts Page 110 of 194 Words struck - thrrm -,4 are deleted, words underlined are added DRAFT 5111110 1. Fences and walls within agricultural districts shall be exempt from height and type of construction. 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 b. Determination of ground level. The height of a fence or wall 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 height. In such determinations, the CountV Manager or designee maV 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. 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. 2. Fences and walls shall be constructed of conventional building materials such as but not limited to precast concrete composite fencing materials, 3. Fences and walls shall be constructed and maintained in a manner as to not create a safety hazard or a public nuisance. 4. Safe Distance Sight Triangle a. front yard fence or wall within this triangle is restricted to a height of 3 feet. (See Figure 5.03.02 F.4). Page l l I of 194 Words stF9el( through are deleted, words underlined are added DRAFT >/11/10 GI I AR AGCA rOR ' iI : F oisrn.cr - �- I A� M[ J � Figure 5.03.02 FA 5. Fences and walls shall be constructed to present a finished side of the fence or wall to the adjoining lot or anV abutting right -of -way. 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 for consideration by the County Manager or designee. b. Barbed wire, razor wire, spire tips, sharp obiects, or electronicall charged fences are prohibited except that the County Manager or designee may allow the use of barbed wire in conjunction with a fence for facilities where a security hazard may exist such as a utility substation sewage treatment plant or similar use G. Supplemental Standards 1. Fences on sites with structures which are subject to section 5 05 08 Architectural & Site Design Standards must complV with the following additional standards: a. Chain link (including wire mesh) and wood fences are prohibited or private street then they shall be screened with an irrigated Page 1 12 of 194 Words AFHe#4Hr;g; are deleted, Nvords underlined are added DRAFT 5111110 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 - quarters of the height of the adjacent fence (See Illustration 5.03.02 A. 1.a. - 1). 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. 2. Use of chain link or wire mesh fencing (the requirements of this section are not applicable to single family dwellings): 3. a. If located adjacent to an arterial or collector road in the urban coastal area, the fence shall be placed no closer than three 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 will achieve opacity of 80 percent sight - obscuring screen within one year of planting. all districts. Razor or concertina wire is not permitted except in the case of designee. H. 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. Page 113 of 194 Words SITUOIC through are deleted, words underlined are added DRAFT 5/11/10 b. If located on a propertv 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(6) of this Code. 2. Landscaping requirements. a. When the placement is within the required landscape buffers then the required vegetative plantings and irrigation 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 reauired landscape buffer then the wall and /or fence shall be screened with an abutting continuous irrigated hedge 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. 3. Timing of installation. a. The wall and /or fence shall be constructed followina site plan approval but prior to the occurrence of any vertical construction or other site improvements. At the County Manager or designee's discretion if site conditions warrant, the wall may be constructed in phases and /or after vertical construction or site improvements commence, depending upon the location of affected residential areas. 4. Deviation from wall requirement. a. At the applicant's request, the County Manager or designee may determine that a masonry wall and /or fence is not warranted particularly where the local street lies contiguous to the rear of a residence or some other physical separation exists between the residential development and the nonresidential development or for other good cause including the existence of a wall on an adjacent residential development. The applicant shall Pale 114 of 194 Words struck - through are deleted, words underlined are added DRAFT 5111/10 demonstrate that the intent of this section can be effectively accomplished, without constructing a wall, by submitting for approval of an alternative design and a descriptive narrative through the administrative variance process set forth in subsection 5.03.02 B.2.b. of this Code. The County Manager or designee shall review the submitted documents for consistency with the intent of this section and if the administrative variance is approved, the approval and its basis shall be noted on the site development plan and the administrative variance approval letter. L Special fences and walls 1. Public utility ancillary facilities. a. See subsection 5.05.12. SUBSECTION 3.EE. AMENDMENTS TO SECTION 5.04.01 GENERALLY (TO BE PROVIDED) Section 5.04.01 Generally (To Be Provided), of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.04.01 Temporary Use Permits. A. Purpose and intent. Based upon the nature of some uses. their impact on adjacent 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. B. General. The County Manager or designee may grant a temporary use permit for requests that demonstrate compliance with the intent of this section and Chapter 5 of 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 adjacent properties. SUBSECTION 3.17F. AMENDMENTS TO SECTION 5.04.04 MODEL HOMES AND MODEL SALES CENTERS Section 5.04.04 Model Homes and Model Sales Centers, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 115 of 194 Words ._ ^'s�,,... -=,e t ;rough are deleted, words underlined are added DRAFT 5/11/10 5.04.04 Model Homes and Model Sales Centers A. Model homes and model sales centers are intended to facilitate the sale of the model design or of products similar in design to the model. Model homes and model sales centers shall be of a temporary nature and may be allowed in the following zoning districts: Any residential zoning district or residential component of a PUD, in the estates zoning district, and in the agricultural zoning district as part of a rural subdivision, by the issuance of a temporary use permit. 2. However, a model center as a permitted use within a PUD, and not located within a dwelling unit or a temporary structure, such as a trailer, shall not require a temporary use permit. B. Model homes and model sales centers located within residential zoning districts, or within a residential component of a PUD, the estates (E) zoning district or the agricultural (A) zoning district shall be restricted to the promotion of a product or products permitted within the res dential zoning district or PUD in which the model home or model sales center is located and further subject to the following: SUBSECTION 3.GG. AMENDMENTS TO SECTION 5.04.05 TEMPORARY EVENTS Section 5.04.05 Temporary Events, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.04.05 Temporary Events A. Temporary Sales. Special Events. 1. Sales and Promotional Events. a. In the -oar° o€-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 (eXGI..c,.e cf gaFage sales lawn 6 -1 w, u grant neRr�- •��le-p is 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 to feurteen (14) day&-dufatJG4-v,- SUGh that during aRy calendar year mall p°.r^fc for S... nation Hop,; . not izxnped ty my ° LH P]Rl_ ays. A multi h.. of building Gf ten Pagc 1 16 of 194 Words stn kfhraugh are deleted, words underlined are added DRAFT 5111110 b A temporary use permit for sales or promotional events shall meet the procedural requirements of Section 10.02.06 G. mik-11 1@11. WIN MTOMM N @104:114-01 subject to approval of a site plan depicting same. i Temporary signage shall be subject to the restrictions set forth in section 5.04.06. ii. All temporary structures and equipment merchandise, or placement and parking of vehicles in conjunction with the temporary sale shall conform to the minimum yard requirements of the zoning district in which it is located. iii. A building permit may be required for the erection of temporary structures. 3. d. Temporary—&ates use permits for sales may be issued to the owner(s) of a commercial establishment, or to the tenant(s) operating within a commercial establishment with the approval of the property owner or property manager, provided said tenant provides documentation of a current annual lease with the property owner. Uses permitted by an approved temporary sales permit shall be operated by the property owner or tenant(s), except as provided for in sections 5.04.05(A)(5) 5.04.05 A.1.g. and 5:94.05(A)(6) 5.04.05 A. 1.h. below. Page 117 of 194 Words struck are deleted, words underlined are added DRAFT 5111/10 -e. Temporary -sales use permits for sales shall be restricted to those zoning districts in which the sale of the items would normally be permitted. Further, the sales activity permitted by the temporary use permit shall be related to the principal commercial activities in operation on the subject property, except as provided for in subsections 5.0485(A)(5) 5.04.05 A.1.g. and 5,0405 (A)(5) 5.04.05 A.1.1h. below. The .;,;u;;nne of a temperary use permit f Special event temporary use permits shall not be issued for undeveloped properties with exception to pre- construction ground breaking events with a valid development order. q. The County Manager or designee may issue temporary use permits for satellite locations subject to the applicable restrictions set forth in this section, provided the applicant currently operates a business from a permanent, approved commercial location within the County. Additionally, the purpose of the temporary sale shall be the same as the principal purpose of the existing commercial business of the applicant. 6. h. The County Manger Manager or designee may, in determining a specific benefit to the public, grant a temporary use permit to facilitate the sale of an item or items not generally available within a specific planning community, subject to the applicable restrictions set forth in this section, Chapter 10. The appliGaRt shall demenstFate that provision will he Inade t e %Aewiag Page 118 of 194 Words slrac44hf ugl3 are deleted, words underlined are added DRAFT 5/11/10 2. Sports religious and communitV events. a. A temporary use permit is required for sports, religious, community, or other similar events sponsored by profit, nonprofit, charitable civil or membership organizations, on lands not specifically developed and approved for such activities on a regular basis. The County Manager or designee may grant a nonrenewable temporary use permit of up to 14 days duration for such events. b. Temporary use permits of this type may, in support of the use being permitted include the placement of temporary signs, merchandise, structures and equipment, and a mobile home as an office, but not for residency. i. Temporary signage shall be subject to the restrictions set forth in section 5.04.06. ii. A building permit may be required for the placement and /or erection of temporary structures. C. Temporary use permits in this category shall be restricted to those zoning districts in which the use would normally be permitted, unless otherwise approved by the Board of County Commissioners via a public petition request. d. The County Manager or designee shall accept, without fee, temporary use permit applications for sports, religious, community, or other similar events, upon presentation of documentation that the sponsor of the event is a bona fide nonprofit organization and the event is intended to benefit the community at large or a specific group of individuals. Two such events per calendar year per organization are eligible for this permit. 3. Special Event time limits. a. The County Manager or designee may grant nonrenewable temporary use permits of up to 14 days duration, such that during Page 119 of 194 Words tr u^'s through are deleted, words underlined are added DRAFT 5111110 any calendar year the sum total duration of all permits for such events for that location does not exceed 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 aonroval may he suhiect to Rtinulatinns and permit and the permittee will be required to sign a notarized agreement to abide by such conditions. B. Temporary seasonal sales. A nonrenewable 4ve45) week temporary use permit may be issued for seasonal and holiday related temporary sales subject to the following restrictions. Temporary use permits for seasonal sales may be issued only for the following seasonal /holiday related items: Christmas trees. 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_ demonstrates that provisions will by made to -adpq ately address a Gh f the- fGllGW1HqL Paoe 120 of 194 Words stwek -thr 3+gh are deleted, words underlined are added DRAFT 5/11/10 3. The applicant shall provide a notarized letter from the property owner or property manager granting permission to utilize the subject property for the temporary seasonal sales. 4. Temporary use permits for seasonal and /or holiday sales may, in support of the use being permitted, include the placement of ors ene (' 1) sigR, a maximum of thirty (32) s two e feet r to (2) c oh s for n vrFo containing more than o e (1) street frnntaoe In addition to the plane...ent of— signs, merchandise, temporary structures, and equipment may be praylan� the s'to If the te...parary of di6 nt nued upon expiration of the permit, t shall be dpizmPd v*oInt On of this Code and �r- y��rtc.�cTrrpvrm shall he s Kent to then allies herein- i. Temporary signage is subject to the restrictions set forth in subsection 5.04.06 A & B. ii. A building permit may be required for the erection of temporary structures. C. Garaoe sales: In the case of oaraoe sales, lawn sales. and other similar temporary sales to be held at private homes, churches and other places of worship, community centers, or other nonprofit residentially zoned institutions, the County Manager or designee may issue one 2 -day permit for such events during each 6 month period. D. Temporary Uses, not elsewhere classified. At the direction of the BCC. the County may, from time to time, be called upon to allow certain uses for specific periods of time. After public hearing, the County Manager or designee may issue a Temporary Use Permit upon receipt of satisfactory evidence that all stipulations and /or requirements have been satisfied. 1. Bona fide 4 -H Youth Development Programs. A non - renewable 16 week permit may be issued to allow for the keeping of up to 2 hogs, on Estates zoned property of 1.25 acres or greater, in preparation for showing and sale at the annual Collier County Fair. a. Pastures shall be fenced and maintained. Anv roofed structure used for the sheltering, feeding, or confinement of such animals shall be setback a minimum of 30 feet from lot lines and a minimum of 100 feet from any residence on an adjacent parcel of land. b. Structures, as described above, shall be maintained in a clean healthful, and sanitary condition. C. Once removed for showing and /or sale, the hog(s) shall not be returned to the property. d. This permit may be revoked with cause. Page 121 of 194 Words ^'s 4rough. are deleted, words underlined are added DRAFT 5 /11A0 SUBSECTION 3.1-11-1. AMENDMENTS TO SECTION 5.04.06 TEMPORARY SIGNS Section 5.04.06 Temporary Signs, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.04.06 Temporary Signs a Rese^ ed A. A temporary use permit is required for the placement of any temporary ground sign, snipe sign or banner that is not otherwise lawfully permitted. Temporary signs shall be allowed subject to the restrictions imposed by this section 1. The County Manager or designee may issue temporary sign permits classified by use, as necessary to adequately address each of the temporary signs described within this section. For each permit type the nonrefundable fee shall be as established in the fee schedule for the services performed by the Community Development and Environmental Services Division. 2. Temporary signs and banners shall not be erected prior to obtaining the appropriate temporary use permit and shall be removed on or before the expiration date of the temporary use permit authorizing said sign. 3. Standards applicable to all temporary signs. a. Temporary signs and banners permitted by authority of this section shall not be placed within any public right- of -way. i. Sign placement shall not obstruct or impair the safe visibility, ingress, or egress of pedestrians and motorists. 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. Absent specific standards to the contrary , 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. Page 122 of 194 Words sawek- throag43 are deleted, words underlined are added DRAFT 5 /11 /10 B. Temporary Sign Permit Types and Standards. 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. C. Seasonal sales signs. d. Garage sales signs. Two temporary signs may be placed on the property where the sale is being conducted. 4. Resep:eJ Temporary business identification signs. A temporary use permit allowing for the temporary placement of a sign solely for the purpose of displaying a business name for an existing business undergoing a permitted renovation remodel, or repair that would require the temporary removal of an existing legally conforming sign. 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, or a permanent sign is installed, whichever occurs first. 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 sian cover made from white vinvl 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. Page 123 of 194 Words struck through are deleted, words underlined are added DRAFT 5111/10 6. Election and Referendum signs. Signs for elections and referendums shall be permitted subject to the following requirements: e. In all other zoning districts, such signs shall not exceed a maximum sign area of 32 square feet per sign and 8 feet in height except when affixed to the surface of a building wall, and shall be located no closer than 10 feet to any property line. The quantity of such signs shall be limited to 1 sign for each lot or parcel per bulk permit issued. SUBSECTION 3.11. AMENDMENTS TO SECTION 5.04.07 ANNUAL BEACH EVENTS PERMITS Section 5.04.07 Annual Beach Events Permits, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.04.07 Annual Beach Events Permits A. The owner of beach -front commercial hotel - resort property shall apply for an annual beach events permit. The County Manager or his designee, 9F his des+gnee, may grant the permit following review of an application for such permit. The application shall be submitted on the form prescribed by Collier County together with the applicable fee for the number of planned annual beach events as indicated on the permit form and exhibits thereto. Permits issued pursuant to this section are not intended to authorize any violation of F. S. § 370.12, or any of the provisions of the Endangered Species Act of 1973, as it may be amended. E. Sea turtle nesting season. Annual beach events which occur during sea turtle nesting season (May 1st through October 31st of each year) are also subject to the following regulations: Page 124 of 194 Words struck4hoough are deleted, words underlined are added DRAFT 5/11/10 1. All required Florida Department of Environmental Protection (FDEP) field permits, shall be obtained and a copy furnished to Collier County prior to the time of the scheduled event as set forth in section 5.94.06(C) 5.04.07 C. 7. Identification of sea turtle nests on the beach may cause the beach event to be relocated from its planned location or to have additional reasonable limitations placed on the event pursuant to the recommendation of Collier County staff in order to protect the identified sea turtle nests in this permit; except that county staff may relocate a staging area as provided for in section 5.0406 5.04.07, as part of its daily sea turtle monitoring. * * * * * * * * * * * * SUBSECTION 3.JJ. ADDING SECTION 5.04.08 RESERVED Section 5.04.08 Reserved, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby added to read as follows: 5.04.08 [Reserved] * * * * * * * * * * * SUBSECTION 3.KK. AMENDMENTS TO SECTION 5.05.02 MARINAS Section 5.05.02 Marinas, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.05.02 Marinas * * * * * * * * * * * * F. Existing facilities and facilities which had state or federal permits prior to adoption of the MPP shall be exempt from these provisions, but will be subject to all other requirements of this Code. G. The definition of shoreline for the purpose of the Manatee Protection Plan shall be the interface of land and water at mean high water, as established using standard survey techniques. Shoreline within County required preserves or within State and Federal conservation easements which do not allow wetslips within their conservation easements shall not be used in calculating the maximum allowable number of wetslips pursuant to the Manatee Protection Plan, except that projects which make 50 percent or more of their wetslips available for public use may request additional boat slips as a Conditional Use. Any existing or vested right with respect to wetslips shall be exempted from this ordinance. * * * * * * * * * * * * Page 125 of 194 Words struck through are deleted, words underlined are added DRAFT 5/11/10 SUBSECTION 3.LL. AMENDMENTS TO SECTION 5.05.05 AUTOMOBILE SERVICE STATIONS Section 5.05.05 Automobile Service Stations, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.05.05 Automobile Service Stations B. Table of site design requirements: TABLE INSET: P. Exceptions 1. The site design standards set forth in 5.05.05 B. (table) shall not apply to nor render non - conforming any existing automobile service station or any automobile service station within a PUD in which a specific architectural rendering and site plan was approved as part of a rezoning action prior to July 5, 1998. 2. The site design standards set forth in 5.05.05 F. - M. or any other applicable development standard shall apply to existing automobile service stations pursuant to the provisions of 9.03.00 Nonconformities, and all other applicable sections of the Land Development Code. Page 126 of 194 Words struekAhrouo are deleted, words underlined are added Site Standards Minimum lot area (sq. ft.) 30,000 Minimum lot width (ft.) 150 Minimum lot depth (ft.) 180 Separation from adjacent automobile service stations (ft.) (based on tistance between nearest points) 500 Minimum setbacks, all structures: hront yard 50 Side yard 40 Rear yard 40 P. Exceptions 1. The site design standards set forth in 5.05.05 B. (table) shall not apply to nor render non - conforming any existing automobile service station or any automobile service station within a PUD in which a specific architectural rendering and site plan was approved as part of a rezoning action prior to July 5, 1998. 2. The site design standards set forth in 5.05.05 F. - M. or any other applicable development standard shall apply to existing automobile service stations pursuant to the provisions of 9.03.00 Nonconformities, and all other applicable sections of the Land Development Code. Page 126 of 194 Words struekAhrouo are deleted, words underlined are added DRAFT 5/11/10 SUBSECTION 3.MM. AMENDMENTS TO SECTION 5.05.10 TRAVEL TRAILER AND RECREATIONAL VEHICLE PARK DESIGN STANDARDS Section 5.05.10 Travel Trailer and Recreational Vehicle Park Design Standards, of Ordinance 04- 41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.05.10 Travel Trailer and Recreational Vehicle Park Design Standards C. Required facilities for campsites and TTRV lots. a- Page 127 of 194 Words ^'.,�, -ask �-through are deleted, words underlined are added DRAFT 5 /11 /10 Elm- MIN Page 138 of 194 Words stfuelt- through are deleted, words underlined are added DRAFT 5/11/10 SUBSECTION 3.NN. ADDITION OF SECTION 6.02.09 PUBLIC SCHOOL FACILITIES LEVEL OF SERVICE (LOS) REQUIREMENTS Section 6.02.09 Public School Facilities Level of Service (LOS) Requirements, of Ordinance 04- 41, as amended, the Collier County Land Development Code, is hereby added to read as follows: 6.02.09 Public School Facilities Level of Service (LOS) Requirements A. The LOS for public school facilities varies by type of school. The LOS for elementary and middle schools is 95 percent of the Concurrence Service Area (CSA) Enrollment/Florida Inventory of School Houses (FISH) Capacity and the LOS for high schools is 100 percent of the CSA Enrollment/FISH Capacity. B. The LOS standard for public school facilities will be achieved and maintained if any one of the following is met: 1. The necessary facilities and services are in place at the time a final site development plan or final subdivision plat is approved; or 2. The necessary facilities and services are under construction or the contract for such facilities and services has been awarded, accepted, and duly executed by all parties at the time a final site development plan or final subdivision plat is approved; or 3. The necessary facilities and services are found in the first, second or third year of the School District of Collier County's financially feasible Five -Year Capital Improvement Plan as identified in CIE Policy 4.2, and as formally adopted by the School Board between July 1 and October 1 each year, and as adopted by reference each year by December 15`, at the time a final site development plan or final subdivision plat is approved; or as provided for in Policy 2.4 of the Public School Facilities Element if applicable or to construct the needed facilities. C. The determination of public facility adequacy for school facilities shall occur only after the School District has issued a School Capacity Availability Determination Letter (SCADL) verifying available capacity to serve the development. Page 129 of 194 Words '_ cugh are deleted, words underlined are added DRAFT 5/11/10 SUBSECTION 3.00. AMENDMENTS TO SECTION 6.06.05 CLEAR SIGHT DISTANCE Section 6.06.05 Clear Sight Distance, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows 6.06.05 Clear Sight Distance E. On a corner lot in all zoning districts, no fence, wall, hedge, planting, or structure shall be erected, planted, or allowed to grow in such a manner as to obstruct vision between a height of 30 inches and 8 feet above the centerline grades of the intersecting streets in the area bounded by the right -of -way lines of such corner lots and a line joining points along said right -of -way lines 230 feet from the point of intersection. Parking is prohibited in this area. Trees are permitted, so long as the foliage is cut away and maintained within the 30 inch and 8 foot clearance requirement. Posts for illuminating fixtures, traffic control, fences and street name signs are permitted, so long as the sign or equipment is not within the prescribed clear space and the fence does not visually impede the clear sight of the intersection. SUBSECTION 3.PP. AMENDMENTS TO CHAPTER 8 DECISION - MAKING AND ADMINISTRATIVE BODIES Chapter 8 Decision - Making and Administrative Bodies, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: MUNNAP10016i -. WN Page 130 of 194 Words s4ruck- 4hroug43 are deleted, words underlined are added 2�222- 01 My DRAFT 5/11/10 Page 131 of 194 Words 4rue#tlxeugh are deleted, words underlined are added DRAFT 5/11/10 Muff �. ,M- =tom Page 132 of 194 Words sEruck hFough are deleted, words underlined are added DRAFT 5111110 Page 133 of 194 Words s:.ruek trough are deleted, words underlined are added DRAFT 5/11/10 Page 134 of 194 Words stf""iwough are deleted, words underlined are added DRAFT 5/11/10 Page 135 of 194 Words strt"44o ob are deleted, words underlined are added DRAFT 5/11/10 mr Page 136 of 194 %Voids s+Faek- thfo+igk are deleted, words underlined are added DRAFT 5/11110 Page 137 of 194 Words stRi6k4bfougIi are deleted, words underlined are added DRAFT 5111110 Page 138 of 194 Words struck thu3*,-h are deleted, swrds underlined are added DRAFT 5/11/10 tic I in Page 139 of 194 Words struck are deleted, words underlined are added DRAFT 5111110 .. .. rim ML 10' 1 4 1111 Page 140 of 194 Words Sara& OIF6H h are deleted, words underlined are added DRAFT 5/11/10 ■ .. _ .. .... .. .. Page 141 of 194 Words 5trtek4l+roog44 are deleted, words underlined are added DRAFT 5/11/10 Nil Paee 142 of 194 Words srri"# Oifoegh are deleted, words underlined are added DRAFT 5/11/10 ■:arrw -rr • •• Page 143 of 194 Words struek through are deleted, words underlined are added •• Page 143 of 194 Words struek through are deleted, words underlined are added DRAFT 5/11 /10 Page 144 of 194 Words gtRiek FHFou—,#i are deleted, words underlined are added - _ - . MINOR! • - III OWN Page 144 of 194 Words gtRiek FHFou—,#i are deleted, words underlined are added DRAFT 5111/10 SUBSECTION 3.QQ. AMENDMENTS TO SECTION 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS Section 10.02.02 Submittal Requirements for All Applications, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.02 Submittal Requirements for All Applications A. Environmental ^,^^^tents Data Submittal Requirements Page 145 of 194 Words struck thr gh are deleted, words underlined are added gee ow C Page 145 of 194 Words struck thr gh are deleted, words underlined are added DRAFT 5111110 a e site .; th a CT or ercr All ea Oho �_� ST oycdz� tat bo ..raFy that are b. saes s.......".r't 2.5 aGreT ..._ rnanagemeRt or- -more A." 't I rl rl Pf th 4 1 management boundwy that are 6 ten er more o :°S d. Sites EIS rl approved fer the me vVhPre was r ..f__.land ;;n where the felle prepared '4 Page 146 of 194 Words st axot+gh are deleted, words underlined are added DRAFT 5111/10 Page 147 of 194 Words stru&4keuO are deleted, words underlined are added DRAFT 5/11/10 Page 148 of 194 Words situc'�' ..- �hieug�h are deleted, words underlined are added DRAFT 5111/10 9 mt- Page 149 of 194 Words strupli- thrtwgk are deleted, words underlined are added DRAFT 5/11/10 �errnrrrar.T nir �� -- Page 150 of 194 Words stritel�tkreugh are deleted, words underlined are added DRAFT 5 111/10 words For multi slip deGking faGilities with ten s! ps er more, and PFGtAGtiGR Plan narrative nf the nest and measures Reeded tO GleaR Up Page 151 of 194 Words struck through are deleted, DRAFT 5111110 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 protects. a. Wetlands j. Identify on a current aerial, the location and acreage of all Collier County /SFWMD jurisdictional wetlands according Page 1 52 of 194 Words struck through are deleted, words underlined are added DRAFT 5/11/10 to the Florida Land Use Cover and Forms Classification System (FLUCFCS) and include this information on the SDP or final plat construction plans. Wetlands must be verified by the South Florida Water Management District ( SFWMD) or Florida Department of Environmental Protection (DEP) prior to SDP or final plat construction plans approval. For sites in the RFMU district, provide an assessment in accordance with 3.05.07 F and identify on the FLUCFCS map the location of all high quality wetlands (wetlands having functionality scores of at least 0.65 WRAP or 0.7 UMAM) and their location within the proposed development plan. Sites with high quality wetlands must have their functionality scores verified by the SFWMD or DEP prior to first development order approval. Where functionality scores have not been verified by either the SFWMD or DEP scores must be reviewed and accepted by County staff, consistent with State regulation. ii. SDP or final plat construction plans with impacts to 5 or more acres of wetlands shall provide an analysis of potential water quality impacts of the protect by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stormwater management controls) compared 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 Provide a wildlife survev 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 Page 153 of 194 Words struck through are deleted, words underlined are added DRAFT 5/11/10 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 protect is not 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. Ii. 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 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. Identifv on a current aerial the acreage, location and community types of all upland and wetland habitats on the project 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 Pagc 154 of 194 Words sfwelHhreugH are deleted, words underlined are added DRAFT 5/11/10 auuva ICICICnUCU caicuiauons ana aenais on me our 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. Ii. 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 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. occupy farm fields (crop fields, cattle dipping ponds chemical mixing areas) golf courses landfill or junkyards or for sites where hazardous products exceeding 250 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 (U.S. Environmental Protection Agency (EPA) 8081) and Resource Conservation and Recovery Act (RCRA) 8 metals using Florida Department of Environmental used for mixing and at discharge point of water Page 155 of 194 Words stfuelE through are deleted, words underlined are added DRAFT 5/11/10 background soil analysis from an undeveloped location hydraulically upgradient of the potentially contaminated site. Soil sampling should occur just 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 that the project will remain fully functional for its intended use after a six -inch rise in sea level. V. 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 Identify anv Wellfield Risk Management Special Treatment Overlay Zones (WRM -ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM - STs 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 project 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. Page 156 of 194 Words strttc-k- through are deleted, words underlined are added DRAFT 5 111 /10 iii. For sites located in the Big Cypress Area of Critical State Concern - Special Treatment overlay district (ACSC -ST), show how the project is consistent with the development standards and regulations in 4.02.14. iv. For multi -slip dock facilities with ten slips or more. and for all marina facilities, show how the project 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 Obiectives and Policies of the Conservation and Coastal Management Element of the GIMP. f. Additional data The County Manager or designee may require additional data or information necessary to evaluate the project's compliance with LDC and GIMP requirements. 4. PUD zoning and CU petitions. For PUD rezones and CU petitions, (EIS) document prior to public hearings and after all applicable staff reviews are complete. Copies of the EIS shall be provided to the County Manager or designee prior to public hearings. 75. Exemptions. a. The €lS Environmental Data Submittal Requirements exemption shall not apply to any parcel with a ST or ACSC -ST overlay, unless otherwise exempted by section 4.02 14 u eXGeptiG S) 0 4.02.14 1. exernptie s Gf tNq Code. b. SiRgIB family or duel. uses OR a single got or e Single - family detached and two - family housing structure(s) on a lot(s) of record except as otherwise provided at section 4.02.04 (cluster development), and townhouses developed on fee simple lots under individual ownership, provided that a fee simple townhouse plat is approved in accordance with the provisions of section 10.02.04.6.4. These exemptions shall not apply to the following. i. Wetland delineations and permitting. ii. Retention of native vegetation in accordance with 3.05.07 C. iii. Listed species protection in accordance with 3.04.01. Page 157 of 194 Words tr ^'s..,, through are deleted, words underlined are added DRAFT 5111/10 C. Agricultural uses. Agricultural uses that fall within the scope of sections 163.3214(4) or 823.14(6), Florida Statutes, provided that the subject property will not be converted to a nonagricultural use use or considered for any type of rezoning petition for a period of 25 years after the agricultural - -uses agricultural uses commence and provided that the subject property does not fall within an ACSC or ST zoning overlay. €d. All NBMO Receiving Lands in accordance with 2.03.08 A.2.a(1). Paee I58 of 194 Words struek tltreagki are dcIutcd, words underlined are added DRAFT 5/11/10 14 e. 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. 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 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 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. -0 1 2-22 Page 159 of 194 Words 'se,', through are deleted, words underlined are added DRAFT 5111110 SUBSECTION 3.RR. AMENDMENTS TO SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS Section 10.02.03 Submittal Requirements for Site Development Plans, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.03 Submittal Requirements for Site Development Plans B. Final Site development plan procedure and requirements. A pre - application meeting shall be conducted by the County Manager or his his /her designee, prior to the submission of any site development or site improvement plan for review. This meeting may be waived by the County Manager or his designee upon the request of the applicant. Site development plan submittal packet: The site development submittal packet shall include the following, if applicable: Ownership. A copy of the recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land. The applicant shall also present a notarized letter of authorization from the property owner(s) designating the applicant as the agent acting on behalf of the owner(s). Page 160 of 194 Words -sh- aek h-^uh are deleted, words Underlined are added DRAFT 5/11/10 b. Site development plan. A site development plan and a coversheet prepared on a maximum size sheet measuring 24 inches by 36 inches drawn to scale. ii. The following information shall be set forth on the site development plan and /or on a separate data sheet used exclusively for that purpose. * k # # # * * # * * * # # * # * Analysis (SIA) application, location map and review fee. # # * k # # * # SUBSECTION 3.SS. AMENDMENTS TO SECTION 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS Section 10.02.04 Submittal Requirements for Plats, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.04 Submittal Requirements for Plats n * Preliminary subdivision plat requirements. k k * * * # * k k # # 2. Preliminary subdivision plat submission requirements. The preliminary subdivision plat process is optional. The optional nature of this process will in no way affect the submission requirements enumerated below. In other words, if an applicant chooses this option, the applicant must follow all of the submission requirements. The mandatory nature of the final subdivision plat process is likewise not affected by the optional nature of the preliminary subdivision plat submission process. A preliminary subdivision plat application shall be submitted for the entire property to be subdivided in the form established by the County Manager or his designee and shall, at a minimum, include ten copies of the preliminary subdivision plat unless otherwise specified by the County Manager or his designee. The preliminary subdivision plat shall be prepared by the applicant's engineer and surveyor. Land planners, landscape architects, architects, and other technical and professional persons may assist in the preparation of the preliminary subdivision plat. The preliminary subdivision plat shall be coordinated with the major utility suppliers and public facility providers applicable to the development. Provisions shall be made for placement of all utilities underground, where possible. Exceptions for overhead installations may be considered upon submission of sound justification documenting the Page 161 of 194 Words struck h "rough are deleted, words underlined are added DRAFT 5/11/10 need for such installation. The preliminary subdivision plat shall include or provide, at a minimum, the following information and materials: Z. All plans and platting documents shall be prepared fully in compliance with the Interim Watershed Management regulations of LDC section 3.07.00. aa. For residential projects subject to the provisions of Section 10.04.09, a completed School Impact Analysis (SIA) application location map and review fee. B. Final plat requirements. 4. Final subdivision plat submission requirements. The submittal of final plats for which no preliminary subdivision plat is contemplated must include, apart from the final plat and /or improvement plans, that information required for review of preliminary subdivision plats in accordance with Section 10.02.04 A.2. For only those final plats incorporating townhouse development on fee simple lots, the following additional information, prepared by a registered engineer (and landscape architect for landscape plan), must be provided either separately or in conjunction with the information required by section 10.02.04 A.2. of this Code: location map and review fee. SUBSECTION 3.TT. AMENDMENTS TO SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS Section 10.02.06 Submittal Requirements for Permits, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.06 Submittal Requirements for Permits G. Temporary Use Permit Requirements and Issuance. See section 5.04.050 of the LDC- for temporary use permit classifications and restrictions. Page 162 of 194 Words scram '.,r4hireugh are deleted, words underlined are added DRAFT 5/11/10 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 Submittal Requirements The temporary use permit application and required plan shall be submitted together with the applicable application if required. 3 Each temporary use permit application shall be accompanied by 4 A conceptual site plan (CSP) or a site development plan (SDP) 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: 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. e Fire protection and emergency access measures. f Sanitary facilities. Cl If required a faithful performance bond to guarantee compliance with the 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 Page 163 of 194 Wordsg: are deleted, words underlined are added DRAFT 5111110 b. In the event an application is denied by the County Manager or 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 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 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. 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, 0- Film Permit. Page 164 of 194 Words stpd&�(u, are deleted, words underlined are added DRAFT 5/11/10 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 #is designee; and said application shall include but not be limited to the following. -. i. Name, address (including local address) and telephone number of applicant. ii. 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. iii. 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: 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.3.1b.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 Page 165 of 194 Words `truck through are deleted, words underlined are added DRAFT 5 /11 /10 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. 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. e. 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. f. 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 /she 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. h. 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 be 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 Page 166 of 194 Words struck through are deleted, words underlined are added DRAFT 5/11/10 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 h s. designee to provide for cleanup and /or restoration of the subject site(s). Page 167 of 194 Words struelk ugh are deleted, words underlined are added DRAFT 5/11/10 Vehicle on the beach regulations. Unlawful to drive on sand dunes or beach or to disturb sand dune. It shall be unlawful: a. To operate or cause to be operated a hand -, animal -, or engine - driven wheel, track or other vehicle or implement on, over or across any part of the sand dunes, hill or ridge nearest the gulf, or the vegetation growing thereon or seaward thereof, or to operate or drive such a vehicle on the area seaward thereof, commonly referred to as "the beach" within Golliw GnuRty, Florida. b. To alter or cause to be altered any sand dune or the vegetation growing thereon or seaward thereof; make any excavation, remove any material, trees, grass or other vegetation or otherwise alter existing ground elevations or condition of such dune without first securing a permit as provided for in this Code. 2. Exceptions, permit. All permits to allow operation of vehicles on county beaches shall be subject to the following. During sea turtle nesting season, May 1 through October 31, of each year, all permits shall be subject to section 10.02.06 1.3 below. Permits issued in accordance with this section shall be valid for the time the vehicle is used for its permitted function and shall be prominently displayed on the windshield of such vehicle and kept with the vehicle and be available for inspection. Permits issued for construction vehicles engaged in beach nourishment inlet maintenance and general construction activities shall expire on April 30 of each year, to coincide with the beginning of sea turtle nesting season Vehicle on the beach permits are not transferable a. Sheriff, city, state and federal police, emergency services, and the Florida Fish and Wildlife Conservation Commission vehicles operated or authorized by officers of these departments operating under orders in the normal course of their duties and government entities responding to emergency situations shall be exempt from the provisions of this section. b. Vehicles which must travel on the beaches in connection with environmental maintenance, conservation, environmental work, and /or for purposes allowed by Collier County Ordinance No. 89- 16, providing that the vehicle(s) associated with the permitted uses of Collier County Ordinance No. 89 -16 remain stationary, except to access and egress the beach, shall be exempt from the provisions of this section if a permit has been obtained from the County Manager or designee, and said (PeFFRitl is pr()R#Rer4y�� on - the - -win d e-anJ L '{h Ih h' I .d r t a. The procedure for obtaining such a permit Page 168 of 194 Words _4Ftre' hfo g : are deleted, words underlined are added DRAFT 5 111/10 shall be by application on the form prescribed by Collier County to stating the reason or reasons why it is necessary for such vehicle or vehicles to be operated on the beaches in connection with an environmental maintenance, conservation, environmental purpose and /or for purposes allowed by Collier County Ordinance No. 89- 16, taking into consideration the vehicular use restriction previously stated as a criterion for an exception, and permit fer snob vphiAlp or ...h..!., .^.l'. ••II be issued by the _....._Rmental services department di eske if the eFlVironmeRtal e departMe^` d Fe ^`^ if the County Manager or designee is satisfied that a lawful and proper environmental maintenance, conservation, environmental purpose and /or purpose as described above and allowed by Collier County Ordinance No. 89 -16 will be served thereby. All permits issued are subject to the following conditions and limitations: inch) as established by the Standard PSI Formula provided below. Calculations for tire pressure using the standard formula shall be included with each permit application. o vahirla Xniainht llhsl + rider weight (Ibs) /total tire footprint (square inches) c. Baby buggies (perambulators), toy vehicles, toy wagons, wheelchairs or similar devices to aid disabled or non - ambulatory persons and hand pulled or pushed carts /dollies /hand trucks or similar type equipment for personal use shall be exempt from the provisions of this section. Vehicle -on- the -beach permits issued in conjunction with special or annual beach events, in conjunction with permanent concession facilities, or for other routine functions associated with permitted uses of commercial hotel property. Vehicles which are used in conjunction with functions on the beach, are exempt from the provisions of this section if a vehicle -on the -beach permit has been granted by the County Manager or designee. All permits issued are subject to the following conditions and limitations: The use of vehicles shall be limited to set -up and removal of equipment for the permitted function. ii. Said permits shall be prominently displayed on the vehicle and kept with the vehicle and available for inspection. The types of vehicles permitted for this use may include ATVs, non - motorized handcarts or dollies, and small utility Page 169 of 194 Words struck through are deleted, words underlined are added DRAFT 5 /11/10 wagons, which may be pulled behind the ATVs. iv. All vehicles shall be equipped with large— pneurnat:s tires having a maximum ground -to -tire pressure of ten PSI (pounds per square inch), as established by the Standard PSI Formula. Calculations for tire pressure using the standard formula shall be included with each permit application. V. Permits shall only be issued for ATVs when mat SeFV °s depaptmeRt Sta the County Manager or designee has determined that: 1) evidence has been provided that there is a need to move equipment, which, due to the excessive weigh and distance of equal to or greater than 200 feet, would be prohibitive in nature to move with, push carts or dollies, or 2) a limited designated work area has been established at the foot of the dune walkover for loading and unloading and the ATV use is restricted to that limited identified area. vi. When not in use all vehicles shall be stored off the beach. vii. During sea turtle nesting season, the following shall apply: 1) no vehicle may be used on the beach until after completion of daily sea turtle 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; 2) there shall be no use of vehicles for set up of chairs or hotel or commercial beach equipment, etc. until after the beach has been monitored; 3) one ingress /egress corridor onto and over the beach, perpendicular to the shoreline from the owner's property, shall be designated by the County Manager or designee; additional corridors may be approved when appropriate and necessary as determined by the €SD County Manager or designee; a staging area may be approved for large events as determined by the E&D County Manager or designee and 4) except for designated corridors, all motorized vehicles shall be operated below the mean high water line (MHW), as generally evidenced by the previous high tide mark. If at anytime E-�B the County Manager or designee determines that the designated corridor may cause adverse impacts to the beach, nesting sea turtles, or the ability of hatchlings to traverse the beach to the water, an alternative corridor shall be designated. If no alternative is available, as determined by the END County Manager or designee, the vehicle -on- the -beach permit may be suspended for the remaining period of the sea turtle season. Page 170 of 194 Words stme444wough are deleted, words underlined are added DRAFT 5/11/10 vii. These vehicles may not be used for transportation of people or equipment throughout the day. The permit shall designate a limited time for equipment set up and for the removal of the equipment at the end of the day. e. Permit for construction (excluding beach re- nourishment and maintenance activities). Prior to beginning construction in proximity to a sand dune for any purpose whatsoever, including conservation, a temporary protective fence shall be installed a minimum of ten feet landward of the dune. It shall be unlawful to cause or allow construction and related activity seaward of such fence. Each permit for work shall clearly indicate the provisions of this Code and the protective measures to be taken and shall be subject to the provisions of section 10.02.06 1.3. f. Beach raking and mechanical beach cleaning. Beach raking and mechanical beach cleaning shall be prohibited on undeveloped coastal barriers unless a state permit is obtained. ii. Beach raking and mechanical beach cleaning must comply with the provisions of section 10.02.06 I. of this Chapter. iii. Beach raking and mechanical beach cleaning shall not interfere with sea turtle nesting, shall preserve or replace any native vegetation on the site, and shall maintain the natural existing beach profile and minimize interference with the natural beach dynamics and function. iv. Beach raking and mechanical cleaning shall not occur below MHW on the wet sand area of beach which is covered by high tide and which remains wet during low tide. Bbeach raking and mechanical beach cleaning shall not operate or drive within 15 feet of dune vegetation and endangered plant and animal communities, including sea turtle nests. Surface grooming equipment that does not penetrate the sand may operate or drive to within ten feet of dune vegetation and endangered plant and animal communities, including sea turtle nests. V. Beach raking and mechanical beach cleaning devices shall not disturb or penetrate beach sediments by more than the minimum depth necessary, not to exceed two inches, in order to avoid a potential increase in the rate of erosion. vi. Vehicles with greater than ten psi ground to tire pressure, shall not be used to conduct beach raking. Vehicles with less than ten psi ground to tire pressures, in conjunction Page 171 of 194 Words stFuGk ,..i oto are deleted, words underlined are added DRAFT 5/11/10 with the attachment of a screen, harrow drag or other similar device used for smoothing may be used to conduct beach raking upon approval of the ESD -- County Manager or designee. vii. Mechanical beach cleaning involving sand screening or a combination of raking and screening shall only be conducted on an "as needed" basis as determined by the pub! G utilities engineering depa,eat and the eRtal 68FViGes dep@FtFAeRt County Manager or designee. Necessity will include when large accumulations of dead and dying sea -life or other debris remains concentrated on the wrack -line for a minimum of two tidal cycles following a storm event, red tide or other materials which represent a hazard to public health. g. Vehicles associated with beach nourishment and inlet maintenance. i. Heavy equipment used in conjunction with beach nourishment, inlet maintenance, to accomplish FDEP permit requirements, or other unusual circumstance as determined by the CIDES adm nistrator County Manager or designee, which cannot meet the standard PSI, will require compaction mitigation. Mitigation shall be accomplished by tilling to a depth of 36 inches or other FDEP approved methods of decreasing compaction. Beach tilling shall be accomplished prior to April 15 following construction and for the next two years should compaction evaluations exceed state requirements. ii. Utilization of equipment for the removal of scarps, as required by FDEP, shall be limited to an ingress /egress corridor and a zone parallel to the MHW. Scarp removal during sea turtle season shall have prior FDEP approval and coordinated through the FDEP, FWCC, CGE-SD the County Manager or designee, and the person possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit for the area. iii. No tilling of the beaches shall occur during sea turtle nesting season. SUBSECTION 3.UU. AMENDMENTS TO SECTION 10.02.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY Section 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 172 of 194 Words.�,UCk thFOUgh are deleted, words underlined are added DRAFT 5 111/10 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90 -24 (Chapters 3, 6 and 10 of this Code) and Rule 9J- 5.0055, F.A.C. Regulatory program: Review of development to ensure adequate public facilities are available, including the Transportation Concurrency Management System and the Public School Facilities Concurrence. A. General. In order to ensure that adequate potable water, sanitary sewer, solid waste, drainage, park, school and road public facilities are available concurrent with when the impacts of development occur on each public facility, Collier County shall establish the following development review procedures to ensure that no development orders subject to concurrency regulation are issued unless adequate public facilities are available to serve the proposed development. B. Exemptions. The following development orders and development shall be exempt from the terms of this section: 6. For public school facilities, the following shall be exempt from the terms of this section. a. Single family and mobile home lots of record, existing as of October 14 2008 the effective date of the public school County. b. Any new residential development that had a final subdivision plat or site development plan approval as of the effective date of school concurrence October 14, 2008. C. Any amendment to any previously approved residential development order that does not increase the number of dwelling units or change the dwelling unit type (e.g., single family to multi - family). d. Age- restricted communities with no permanent residents under the age of 18 years. Exemption of an age- restricted community will be subject to a restrictive covenant limiting the ape of permanent residents to 18 years and older. e. All new residential subdivision plats and site development plans or amendments to previously approved residential development orders, which are calculated to generate less than 1 student. f. Development that has been authorized as a Development of Regional Impact (DRI) pursuant to Ch. 380, F.S. as of July 1, 2005. Page 173 of 194 Words ck through are deleted, words underlined are added DRAFT 5/11/10 6 7. Developments that claim vested status from the Growth Management Plan adopted January 10, 1989 and its implementing regulations, and properly obtains; a determination of vested rights for a certificate of public facility adequacy in accordance with the provisions of this section, as follows: a. Application. An application for determination of vested rights for a certificate of public facility adequacy shall be submitted in the form established by the Community Development and Environmental Services Division Administrator. An application fee in an amount to be determined by the Board of County Commissioners shall accompany and be part of the application. The application shall, at a minimum, include: 1. Name, address, and telephone number of the owner and authorized applicant if other than the owner; ii. Street address, legal description, and acreage of the property, and iii. All factual information and knowledge reasonably available to the owner and applicant to address the criteria established in subsection 10.02.07 B.67.g. of this Code. C. Review and determination or recommendation by Community Development and Environmental Services Division Administrator and the County Attorney. After receipt of a completed application for determination of vested rights for a certificate of public facility adequacy, the Community Development and Environmental Services Division Administrator and the County Attorney shall review and evaluate the application in light of all of the criteria in subsection 10.02.07 B. 6 7. g. Based on the review and evaluation, the Community Development and Environmental Services Division Administrator and the County Attorney shall prepare a written recommendation to the hearing officer that the application should be denied, granted or granted with conditions by the hearing officer. Such recommendation shall include findings of fact for each of the criteria established in subsection 10.02.07 B.67.g. to the extent that information is represented or obtained or inclusion feasible or applicable. If the Community Development and Environmental Services Division Administrator and the County Attorney agree based on the review and evaluation that the application for determination of vested rights for a certificate of public facility adequacy so clearly should be granted or granted with conditions, then they may enter into a written stipulated determination of vested rights for a certificate of public facility adequacy with the owner, in lieu of the written recommendation to the hearing officer and the provisions in subsections 10.02.07 B.67.d., 10.02.07 B.67.e. and 10.02.07 13.67-f—. however, any such stipulated determination shall be in writing, signed by the Pa -le I74 of 194 Words s+rus though are deleted, words underlined are added DRAFT 5/11/10 Community Development and Environmental Services Division Administrator, the County Attorney and the owner, and shall include findings of fact based on the criteria established in subsection 10.02.07 B.67.g., conclusions of law for such criteria, and the determination granting or granting with conditions, in whole or in part, the vested rights for adequate public facilities. d. Review and determination of vested rights determination for a certificate of public facility adequacy by hearing officer. Upon receipt by the hearing officer of the application for determination of vested rights for a certificate of public facility adequacy and the written recommendation of the Community Development and Environmental Services Division Administrator and the County Attorney, the hearing officer shall hold a public hearing on the application. At the hearing, the hearing officer shall take evidence and sworn testimony in regard to the criteria set forth in subsection 10.02.07 B.67.g. of this Code, and shall follow the rules of procedure set forth in F.S. § 120.57(1)(b), 4, 6, 7, and 8; F.S. § 120.58(1)(a),(d) and (f); and F.S. § 120.58(1)(b), only to the extent that the hearing officer is empowered to swear witnesses and take testimony under oath. The hearing officer shall follow the procedures established for administrative hearings in Rules 60Q- 2.009, 2.017, 2.020, 2.022, 2.023, 2.024, 2.025, 2.027, and 2.031, F.A.C. except as expressly set forth herein. The parties before the hearing officer shall include the county, the owner or applicant, and the public. Testimony shall be limited to the matters directly relating to the standards set forth in subsection 10.02.07 B.6 -7.g. of this Code. The County Attorney shall represent the county, shall attend the public hearing, and shall offer such evidence as is relevant to the proceedings. The owner of the property and its authorized agents, may offer such evidence at the public hearing as is relevant to the proceedings and criteria. The order of presentation before the hearing officer at the public hearing shall be as follows: 1) the county's summary of the application, written recommendation, witnesses and other evidence; 2) owner or applicant witnesses and evidence; 3) public witnesses and evidence; 4) county rebuttal, if any; and 5) applicant rebuttal, if any. e. Issuance of vested rights determination for a certificate of public facility adequacy by hearing officer. Within 15 working days after the completion of the public hearing under subsection 10.02.07 B.6 -7.g. of this Code the hearing officer shall consider the application for determination of vested rights for a certificate of public facility adequacy, the recommendation of the Community Development and Environmental Services Division Administrator and the County Attorney, and the evidence and testimony presented at the public hearing, in light of all of the criteria set forth in subsection 10.02.07 B.67.g. of this Code, and shall deny, grant, or grant with conditions the application for determination of vested rights for a certificate of public facility adequacy for the property or properties at issue. The determination shall be in Page 175 of 194 Words tr "'.nz. k through are deleted, words underlined are added DRAFT 5111110 writing and shall include findings of fact for each of the applicable criteria established in subsection 10.02.07 B.67.g. of this Code, conclusions of law for each of such criteria, and a determination denying, granting, or granting with conditions, in whole or in part, the vested rights for adequate public facilities. f. Appeal to the Board of County Commissioners. Within 30 days after issuance of the hearing officer's written determination of vested rights for a certificate of public facility adequacy, the County Attorney, the Community Development and Environmental Services Division Administrator, or the owner or its authorized attorney or agent, may appeal the determination of vested rights for a certificate of public facility adequacy of the hearing officer to the Board of County Commissioners. A fee for the application and processing of an owner - initiated appeal shall be established at a rate set by the Board of County Commissioners from time to time and shall be charged to and paid by the owner or its authorized agent. The Board of County Commissioners shall adopt the hearing officer's determination of vested rights for a certificate of public facility adequacy, with or without modifications or conditions, or reject the hearing officer's determination of vested rights for a certificate of public facility adequacy. The Board of County Commissioners shall not be authorized to modify or reject the hearing officer's determination of vested rights for a certificate of public facility adequacy unless the Board of County Commissioners finds that the hearing officer's determination is not supported by substantial competent evidence in the record of the hearing officer's public hearing or that the hearing officer's determination of vested rights for a certificate of public facility adequacy is contrary to the criteria established in subsection 10.02.07 B.67.g. of this Code. h. Limitation on determination of vested rights for a certificate of public facility adequacy. A determination of vested rights for a certificate of public facility adequacy which grants an application for determination of vested rights for a certificate of public facility adequacy shall expire and be null and void unless construction is commenced pursuant to a final development order, final subdivision plat, or final site development plan, within 2 years after the issuance of the determination of vested rights for a certificate of public facility adequacy under subsection 10.02.07 B.67.g. or unless substantial permanent buildings have been, or are being constructed or installed pursuant to a valid, unexpired, final development order of Collier County within 2 years after issuance of the determination of vested rights for a certificate of public facility adequacy under subsection 10.02.07 B.67.g., and such development pursuant to a final development order, final subdivision plat, final site development plan, final subdivision master plan, or planned unit development master plan is continuing in good faith. The aforementioned 2 -year time limitation Page 176 of 194 Words &truck throug ; are deleted, words underlined are added DRAFT 5111110 on the determination of vested rights for a certificate of public facility adequacy shall be stayed during any time periods within which commencement of construction pursuant to a final development order, final subdivision plat, or final site development plan is prohibited or deferred by the county solely as a result of lack of adequate public facilities to serve the property, pursuant to this section. C. Certificate of public facility adequacy. General. a. Payment of road impact fees to obtain a certificate of adequate public facilities. i. A five -year temporary certificate of public facility adequacy (COA) shall be issued concurrent with the approval of the next to occur final local development order. At the time a temporary certificate of public facility adequacy is issued, 20% of the estimated payment based on the impact fee rate in effect at the time of the pre - approval letter will be due and deposited into the applicable impact fee trust fund. The funds will then be immediately available for appropriation by the Board of County Commissioners for transportation capital improvements, except that for those non - residential (i.e., typically commercial or industrial) developments otherwise required to obtain approval of an SDP prior to the issuance of a building permit, applicants for a final subdivision plat may elect to: t al comply with the applicable regulations of this section as to one or more of the lot(s) of the FSP and obtain a COA specifically for just that lot or lots at a specified intensity of development; or ii-. Lq delay submitting a TIS and obtaining a COA for all of the proposed lots, or just those remaining lots not then already complying with this section, until a required SDP is applied for and the terms of this section are then complied with including payment of estimated transportation impact fees. Page 177 of 194 Words struelc through are deleted, words underlined are added DRAFT 5111/10 The subject development is not allocated any available road system capacity or considered eligible to be vested for transportation concurrency purposes, however, until approval of a TIS, payment of 5"0 estimated Transportation Impact Fees in accordance with this subsection and issuance of a COA in accordance with Chapters 3, 6, and 10 of this Code and Rule 9J- 5.0055, F.A.C. Final calculation of impact fees due will be based on the intensity of development actually permitted for construction and the impact fee schedule in effect at the time of the building permit(s) application, such that additional impact fees may be due prior to issuance of the building permit(s). The balance of transportation impact fees shall be paid in four additional annual installments of 20 %, beginning one year after the initial 20% payment. ii. Impact fees for all other Category "A" capital improvements will be paid at the time of issuance of building permits at the rate then currently applicable. iii. At the time a temporary COA is issued and the first 20% of the estimated payment is paid the applicant will deposit with the County sufficient security, the form of which has been approved by the Board of County Commissioners, for a term of four years in an amount equal to the 20% payment. V. Upon payment of 100% of the estimated impact fees, the certificate will be issued in perpetuity and the dedicated security will be released. No further advance payments will be due once actual road impact fees are paid equal to the initial estimated impact fees. V. Once the initial 20% of the estimated payment has been paid the security has been deposited with the County, and a temporary COA has been issued failure to submit the remaining additional installments in accordance with the provisions of this subsection shall result in the following: a) Upon failure to cure following 10 days written demand, the County will exercise its payment rights to the dedicated security, and b) The matter will be referred to the Board of County Commissioners for review. Absent the Board finding exceptional circumstances the temporary certificate of public facility adequacy shall be revoked. Page 178 of 194 Words stfuek4h4voagh are deleted, words underlined are added DRAFT 5111/10 five years the balance of the estimated transportation impact fees based on the impact fee rate in effect at the time of the pre - approval letter, must be paid in five additional annual installments of 20% with the first payment being made prior to the expiration date of the three -year certificate. For those developments that have secured a three -year certificate that has expired, in order to extend the vesting period for an additional five years, approval letter must be paid in five additional annual installments of 20% with the first payment being made within 30 days of the effective date of this Ordinance. At the form of which has been approved by the Board of County Commissioners for a term of four Vears in an certificate will be issued in perpetuity and the dedicated security will be released. No further advance payments will be due once actual road impact fees are paid equal to the balance of the estimated transportation impact fees. Once the first additional annual installment has been paid, the security has been deposited with the County, and a temporary COA has been issued failure to submit payment in accordance with the provisions of this subsection shall result in the following: a) Upon failure to cure following 10 days written demand the County will exercise its payment rights to the dedicated security; and b) The matter will be referred to the Board of Count Commissioners for review. Absent the Board finding exceptional circumstances, the temporary certificate of public facility adequacy shall be revoked. well as any remaining balance of payments related to the original three -year certificate will be applied equally to the new or remaining units or square footage and will run with the subject land. viii. This provision is to be read in conjunction with section 74- Page 179 of 194 Words str elc th`�ro gh are deleted, words underlined are added DRAFT 5 111/10 302(h) of the Collier County Code of Laws and Ordinances. C. Where the proposed development has been issued final subdivision plat approval or final site development plan approval priaF te the effeGtive date of this SeGti9R, e., on or about November -3; -1993, a certificate of public facility adequacy shall be obtained prior to approval of the next development order required for the proposed development. .mnr+r�rsrasesa sm. ....r:.rsn......._.r..r..... .. WWI WIN= - _ .. is— WN e. d. Assessment and application of transportation impact fees and surrender of certificate of public facility adequacy. Within 90 days Upon notice by facsimile or other approved electronic format that an application for a final local development order and a certificate has -have been approved and ^ certificate ;tee er prior to expiration of the temporary, 1 -year capacity reservation previously secured by the applicant upon the County's acceptance of the TIS pursuant to section 10.02.07 CA.f., provided said ^ t„ reservation has more than on .Jays remaia�,w hever of the 2 GGGurs later, an applicant may pick up the certificate upon payment of 1/2 (50 ^ ^ear) of the Page I80 of 194 Words 4f °'mss * are deleted, words underlined are added DRAFT 5111110 estimated transportation impact fees due in accordance with section 10.02.07 C.1.a. Such estimates shall be based on the currently approved transportation impact fee rate schedule. If the certificate is not picked up within the timeline set forth above and the applicable estimated transportation impact fees paid, the application will be deemed denied and the anpl'rant must r° °p' °r hag :nn :,pg certificate will be voided. In such a case the applicant shall then be required to apply for an extension of the capacity reservation in accordance with section 10.02.07 CAA. If the size of the residential units is not known at the time of payment, the tTransportation impact fees for residential development will be estimated using the fee based on the mid -range housing size, -, unless the r ° d°pf a' use qualifies as a f1ordablip housing. A#ordab,le �heusing —e t' at � °d transpoFtatiGR impact fees shalt be based on iRC;AMe- for hln housing iR fnrre at the time of Previously vested developments may, pursuant to _e_e r_t.' n . 11 0.02.07 r 7 pipet fn ha.e e ,ed fees applied a pct the 1 _M (50 peFGent) Of estimated tFansportatieR mpaGt fees Payment of thesp fees vests the development entitle ents fpr wh'nh the ff this seGtiOR pF ,_r to the p r of the th:,rd yea, after the initial fi art fen payrneRt. The nit "al n p eat art fee ..._ payment is Road impact fees paid to obtain a certificate of adequate public facilities are non - refundable after payment and receipt of the certificate of public facility adequacy certificate. effective date of this amendment, or nNot later than 90 days prior to the expiration of the 3 year period for sask> certificates issued prior to the effective date of this amendment, the county shall notify the Gertif 'rat° holder e stered then current owner via certified mail of the amount due calculated in accordance with section 10.02.07 C.1.a. rernainiRg balance d__ for the _st..,aced w "Id" p+lr already ued_ The hala_nr_°_ of he impact Fees dvl� Ili l he Pavvlated at the rate V crhed In than currently appliGable. The developer may t t a. . elect pay balance of the the nrt'f'natn applies GF modify the ed'f'Gate to a IesseF f the _ d v' ftl ents The certificate of public facility fees • shall be d'f d to rl de phi fhn entitle eats far p n y.fhinh thp estimated transpertat'e pn4 fees aFe aid The eXPiFatiGR date for the FemaiRiRg, Lip to 50 PeFGBRt, balance of the estimated t a .tat' impaGt fees due from a previously vested development that opts into the Fevised roneurrenGy GeFtfiGate process as pFevided in seGt;GR !0.02.07 C.1. of this Geds, will Page 181 of 194 Words stfu ^'�� are deleted, words underlined are added DRAFT 5/11/10 relate hark to the date of of the GFigiRaI rert'tirates llnre the balance of the estimated) transportation impact fees are "'tp tm here estimated fee refundable. However, the land iR peinpetwity after ell estimated) transnortat'o impact fees have been aid) As bu"d:ng mites dFawR dle,.,n the have the estimated) transportation iMPaGt fees already paid shall he debited at the rate of the mpaGt fees 0 n effort at the time of utiI;aat ems. If the estimated transportation impact fee account becomes depleted, the developer shall pay the currently applicable transportation impact fee for each building permit in full prior to its issuance. In the event that upon build -out of the development estimated transportation impact fees are still unspent, the remaining balance of such estimated fees may be transferred to another approved project within the same, or adjacent, transportation impact fee district, provided any vested entitlements associated with the unspent and transferred transportation impact fees are relinquished and the certificate of public facility adequacy is modified to delete those entitlements. 2. Rules of general applicability for certificate of public facility adequacy. Certificates of public adequacy issued for roads under section 10.02.07 C.1. of this Code will remain in effect until the expiration date of the certificate subsequent to the [effort' „e date of this ert'n endlmentl Wall FUR iR PeFp8tUity provided provisions of subsection 10.02.07 C.1.e. d. of this Code are met and that annual mid -year monitoring reports are filed which comply with section 10.02.07 C.1. of this Code and all developer requirements established during zoning or as part of a developer contribution agreement are completed or are being constructed consistent with the current development infrastructure improvement construction commitment schedule. Timing. An application for a certificate of public facility adequacy may only be submitted as part of an application for a final local development order subject to section 10.02.07 C.1. of this Code. Impact Fees. A complete application for a certificate of public facility adequacy will include the calculation of the total amount of transportation impact fees estimated to be due by the applicant on the development for which a final local development order application has been submitted. Impact fee calculations will be reviewed and the amount estimated to be paid pursuant to section 10.02.07 C.1.e d. of this Code finally determined by the impact fee coordinator. — ' —'Gn n nt) of the estimated) payment Payment in accordance with Section C.1.a. will be due at the time of notification of approval of the final local development order and will be deposited into the applicable impact fee trust fund and will be immediately available for appropriation by the Board of County Commissioners for transportation capital improvements. Final calculation of impact fees due will be based on the intensity of development actually permitted for construction and the impact Page I82 of 194 Words StFUCIE -auah are deleted, words underlined are added DRAFT 5/11/10 fee qr,hPd,_flP an PffeGt aIt thP 1' of the of b-i4din permit(s) rate then currently applicable; such that additional impact fees may be due prior to issuance of the building permit(s). The balance of transportation impact fees shall be due as provided for in section 10.02.07 CA of this Code. C. Consolidated application. A final local development order shall receive final approval only to the extent to which the proposed development receives a certificate of public facility adequacy. The application for a certificate of public facility adequacy may only be submitted with an application for final local development order approval, where appropriate under this section. An application for a certificate of public facility adequacy will receive final approval and a certificate will be issued concurrently with approval of a final local development order as set forth in section 10.02.07 C.1.e, d. of this Code. d. Assignability and transferability. An approved certificate of public facility adequacy shall run with the land associated with the corresponding development approval, and shall be assignable within the corresponding land of the approved development, and shall not be assignable or transferable to other development, except as may otherwise be provided for under an approved development agreement. This provision does not preclude the re- allocation of capacity between lots or parcels comprising the land that is the subject of the same consolidated application for development approval so long as the original certificate is surrendered along with a written request by the then current owner to re- allocate no more than that certificate's previously approved capacity in a re- issued certificate. 4. Procedure for review of application. a. Submission of applications and fees. The application for a certificate of public facility adequacy for road facilities only shall be submitted in duplicate to the Community Development and Environmental Services Division Administrator. Such applications shall be submitted at the filing for the next final local development order as specifically provided for under section 10.02.07 C.1. All other applications for a certificate (i.e., except for road facilities) shall be submitted at building permit application along -wit# and final payment for any impact fees owed, including any road impact fees- will be due prior to building permit issuance. Application fees in an amount to be determined by the Board of County Commissioners shall accompany and be part of the applications. Page 183 of 194 Words stFuek through are deleted, words underlined are added DRAFT 5/11/10 e. Approval of certificate; payment for, and cancellation of certificates. Upon notification by facsimile by the Community Development and Environmental Services Division Administrator or his designee and the Transportation Services Division Administrator or his designee, that an application for a certificate of public facility adequacy for road facilities has been approved, 42 (50 perGen" of the estimated transportation impact fees shall be paid in accordance with section C.1.a. If the applicant does not pick up the certificate and pay all applicable transportation impact fees prior to expiration of the temporary 1 -year capacity reservation previously secured by the applicant upon the County's acceptance of the TIS pursuant to section 10.02.07 C.4.f., the certificate will be voided. In such a case, the applicant shall then be required to apply for MSUARGR ^f ^ nev., GeFt f Gate an extension of the capacity reservation in accordance with section 10.02.07 CAA. All Collier County impact fees are due and payable at building permit issuance based on the applicable rate structure in effect at the time the building permit application is submitted ^ "ti. Traffic Capacity Reservation for all or part of the proposed development may be approved and secured at application pending approval of the final sub - division plat, site development plan or building permit upon acceptance of the TIS by the Transportation Administrator as part of a complete Application Request (AR) deemed sufficient for review for the proposed development by the CDES Division. The Transportation Administrator will notify the applicant of any traffic capacity reservation via facsimile per section 10.02.07 CA.c. Traffic capacity reservations will be awarded to the development upon: approval of the COA and final development order per section 10.02.07 CA.e., payment of road impact fees in accordance with section 10.02.07 C.1.a. and 10.02.07 CA.e.; and Proportionate Share Payment, if applicable, in accordance with section 6.02.01. Traffic capacity reservations approved under this section will expire in 1 year, from TIS approval and determination of available capacity, unless the final local development order for the development is approved, or the Board approves an extension to the 1 year time period. 5. Standards for review of application. The following standards shall be used in the determination of whether to grant or deny a certificate of public facility adequacy. Before issuance of a certificate of public facility adequacy, the application shall fulfill the standards for each public facility component (potable water, sanitary sewer, solid waste, drainage, parks, schools and roads). Page 184 of 194 Words StFUCIE through are deleted, words underlined are added DRAFT 5111110 q Public school facilities The determination of public facility granted if any of the following conditions are met. The necessary facilities and services are in place at the time a final site development plan or final subdivision plat is approved; The necessary facilities and services are under construction or the contract for such facilities and services has been awarded accepted and duly executed by all parties at the time a final site development plan or final subdivision plat is approved; iii. The necessary facilities and services are found in the first second or third year of the School District of Collier County's Five -Year Capital Improvement Plan; or funding as provided for in Policy 2.4 in the Public School Facilities Element of the Growth Management Plan or to construct the needed facilities. SUBSECTION 3.VV. AMENDMENTS TO SECTION 10.02.12 RESERVED Section 10.02.12 Reserved, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.12 Resewed, Submittal Requirements for Non -PUD Residential Rezones A. review for a determination of school capacity. Refer to section 10.04.09 for SIA requirements. SUBSECTION 3.WW. AMENDMENTS TO SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES Page 185 of 194 Words stmok through are deleted, words underlined are added DRAFT 5/11/10 Section 10.02.13 Planned Unit Development (PUD) Procedures, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.13 Planned Unit Development (PUD) Procedures A. Application and PUD master plan submission requirements. Applications for amendments to, or rezoning to PUD shall be in the form of a PUD master plan of development along with a list of permitted and accessory uses and a development standards table. The PUD application shall also include a list of developer commitments and any proposed deviations from the Land Development Code. The PUD master plan shall have been designed by an urban planner who possesses the education and experience to qualify for full membership in the American Institute of Certified Planners; and /or a landscape architect who possesses the education and experience to qualify for full membership in the American Society of Landscape Architects, together with either a practicing civil engineer licensed by the State of Florida, or a practicing architect licensed by the State of Florida, and shall be comprised, at a minimum, of the following elements: School District's review for a determination of school capacity. Refer to section 10.04.09 for SIA requirements. D. Time limits for approved PUDs. For purposes of this section, the word "sunset" or "sunsetting" shall be the term used to describe a PUD which has, through a determination made by the planning services department director, not met the time frames and development criteria outlined in this section of the Code as applicable. For all PUDs, the owner entity shall submit to the planning services department director a status report on the progress of development annually from the date of the PUD approval by the board of county commissioners. The purpose of the report will be to evaluate whether or not the project has commenced in earnest in accordance with the following criteria: 8. PUD time limit extensions. Extensions of the time limits for a PUD may be approved by the board of county commissioners. An approved PUD may be extended as follows: a. Maximum extension: There may be one PUD extension granted for a maximum of two years from the date of original appFeval sunset. Page 186 of 194 Words strue#44wuth are deleted, words underlined are added DRAFT 5/11/10 SUBSECTION 3.XX. AMENDMENTS TO SECTION 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD Section 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation Board, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation Board B. Notice and public hearing where proposed amendment would change zoning classification of land and for conditional uses and variances, for planned unit development (PUD) rezoning extensions, conditional use extensions and for small -scale or other site - specific comprehensive plan amendments. In the case of a small -scale or other site - specific comprehensive plan amendment, an application for extension of PUD zoning status or the rezoning of land, to include re- zonings, conditional uses and variances initiated by other than the Board of County Commissioners or amendments to planned unit developments, such provisions shall be enacted or amended pursuant to the following public notice and hearing requirements by the planning commission and the Board of County Commissioners as applicable. Small -scale or other site - specific comprehensive plan amendments, PUD extensions, rezoning, conditional uses, conditional use extensions and variance petitions initiated by the Board of County Commissioners or its agencies for county owned land shall be subject to these provisions. 1. Applications for a PUD extension and a conditional use extension, whether initiated by the applicant or the BCC, shall only be heard by the BCC pursuant to the notice and advertising requirements set forth in sections 10.03.05 B.10. and 11. of this Code. In the case of PUD extensions pursuant to sections 10.02.13 DA., 10.02.13 D.5.a. and 10.02.13 D.6. of this Code, and conditional use extensions, a sign shall be posted at least 15 days prior to the date of the hearing before the BCC and shall conform to the applicable sign requirements listed below. The sign advising of the PUD extension or conditional use extension hearing shall be in substantially the following format: PUBLIC HEARING FOR A PLANNED UNIT DEVELOPMENT (PUD) and /or CONDITIONAL USE EXTENSION TO PERMIT: (set forth alternatives going to the BCC) DATE: TIME: THE ABOVE TO BE HELD IN COMMISSIONERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER, HARMON Page 187 of 194 Words struck through are deleted, words underlined are added DRAFT S/11/10 TURNER BUILDING, 3301 E. TAMIAMI TRAIL, NAPLES, FLORIDA, 34112. F. Public participation requirements for small -scale or other site - specific comprehensive plan amendments, rezonings, PUD amendments, conditional uses, Mixed Use Projects (MUPs), variances and parking exemptions. 2. Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the county pursuant to subsection 10.03.05 B.10. or 11. Written notice of the meeting shall be sent to all property owners within 500 feet of the property lines of the land for which the amendment to zoning is sought. The 500 -foot distance shall be measured from the boundaries of the entire ownership or PUD. For properties located within areas of the future land use element of the growth management plan that are not designated urban, the foregoing notice requirements apply, except that written notification must be sent to all property owners within 1,000 linear feet of the subject property. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier CGOunty. The applicant shall provide written notice of the Neighborhood Information meeting (NIM) to property owners, condominium and civic associations whose members may be impacted by the proposed land use changes and who have formally requested the county to be notified. SUBSECTION 3.YY. AMENDMENTS TO SECTION 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP, THE LDC, OR THE GMP Section 10.04.00 Review and Action on Applications For Development Orders and Petitions for Amendments to the Official Zoning Map, the LDC, or the GMP, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP, THE LDC, OR THE GMP, AND FOR SCHOOL CONCURRENCY DETERMINATIONS SUBSECTION 3.ZZ. AMENDMENTS TO SECTION 10.04.09 REQUEST FOR CONTINUANCE OF PUBLIC HEARING [RESERVED] Page 188 of 194 Words AFu,&k- 1hrEwgk are deleted, words underlined are added DRAFT 5111/10 Section 10.04.09 Request for Continuance of Public Hearing [Reserved], of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: i. r• Development Plan amendments. A. Definitions Applicable to School Concurrence Reviews. Adjacent Concurrence Service Areas: Concurrence Service Areas which are contiguous and touch along one side of their outside geographic boundary. Available Capacity: Existing school capacity which is available within a Concurrence Service Area including any new school capacity that will be in place or under actual construction as identified in the first three years of the School District's Five Year Capital Improvement Plan. Proportionate Share Mitigation (Schools): An Applicant improvement or contribution identified in a binding and enforceable agreement between the Applicant the School District and the Local Government with jurisdiction over the approval of the plat, site plan or functional equivalent to provide F. S. School Board: The governing body of the School District, a political subdivision of the State of Florida and a corporate body pursuant to Section 1001.40, F.S. School District of Collier County: The School District created and existing pursuant to Section 4 Article IX of the State of Florida Constitution. Type of School: Schools providing the same level of education i.e. elementary, middle high school or other combination of grade levels. B. School Concurrence Established 1. Purpose. The County and the School District shall ensure that the LOS standard established for each Type of School is achieved and maintained. 2. Applicability. No residential subdivision plat or residential site development plan for new residential development may be approved by the County, unless the application is exempt from these requirements as provided for in this Section, or until a School Capacity Availability Determination Letter (SCADL) has been issued by the School District to the County indicating that adequate school capacity exists within a Concurrence Page 189 of 194 Words wash are deleted, words underlined are added DRAFT 5111/10 Service Area (CSA) for each Type of School. a. The County may condition the approval of the application to ensure that necessary schools are in place in order to validate or render effective the approval. This shall not limit the authority of the County to deny a residential plat residential site plan or its functional equivalent pursuant to its home rule regulatory powers. 3. Exemptions. The following shall be exempt from the terms of this subsection: a. Single family and mobile home lots of record existing as of the effective date of school concurrence October 14 2008. b. Any new residential development that had a final subdivision plat or site development plan approval as of the effective date of school concurrence, October 14, 2008. C. Any amendment to any previously approved residential development order that does not increase the number of dwelling units or change the dwelling unit type (e.g., single - family to multi - family). d. Age- restricted communities with no permanent residents under the age of 18. Exemption of an age- restricted community will be subject to a restrictive covenant limiting the age of permanent residents to 18 years and older. e. All new residential subdivision plats and site development plans, or amendments to previously approved residential development orders, which are calculated to generate less than one student. f. Development that has been authorized as a Development of Regional Impact pursuant to Chapter 380, F.S.. as of July 1, 2005. C. School Concurrence Application Review. Any Applicant submitting an application for a residential subdivision plat or residential site development plan must prepare and submit a School Impact Analysis (SIA) to the County for review by the School District. An application that is determined to be exempt under Section 10.02.07 is not subiect to school concurrence. Refer to Section 10.04.09 for SIA requirements. 1. The SIA must indicate the location of the development, number of dwelling units and unit types (single - family, multi - family, etc.), a phasing schedule (if applicable) and age- restrictions for occupancy (if Page 190 of 194 Words struck through are deleted, words underlined are added DRAFT 5/11/10 any). The County shall initiate the review by determining that the application is sufficient for processing. Once deemed sufficient, the County shall transmit the SIA to the School District representative for review. The process is as follows: a. An application for residential development is submitted to the County for a sufficiency review. Once deemed sufficient, the application fee payable to the School District to meet the cost of review. b Within 20 working days of receipt of a sufficient SIA application, the School District representative shall review the application and provide written comments to the CountV. Each SIA shall be reviewed in the order in which it is received. c In the event that there is not adequate capacity available within the adopted LOS standard in the Concurrence Service Area (CSA) in which the proposed development is located or in an adjacent CSA to support the development impacts, the School District representative will issue a School Capacitv Availability Determination Letter (SCADL) within 20 working days of receipt of the SIA detailing how the development is inconsistent with the adopted LOS standard and offer the applicant the opportunity to enter into a negotiation period to allow time for the mitigation process If the proposed mitigation is accepted bV the School District County and the applicant then those parties shall enter into an enforceable and binding agreement with the County and the applicant. d When capacity has been determined to be available, the School District representative shall issue a SCADL verifying available capacity to the applicant and the County within 20 working days of receipt of the SIA application. Certificate of Public Facility Adequacy (COA), when the development order for the residential development expires or is revoked and when its school impact fees have been paid. D. School Concurrence Approval. Issuance of a SCADL by the School District identifying that capacity exists within the adopted LOS standard indicates only LOS standard for each Type of School, in the form of a SCADL from the Page 191 of 194 Words struck "through are deleted, words underlined are added DRAFT 5111/10 the COA. Expiration extension or modification of a COA for a residential development shall require a new review for adequate school capacity to be performed by the School District. 2. The County shall notifv the School District within 10 working days of any official change in the status of a COA for a residential development 3. The County shall not issue a building permit for a non - exempt residential development without confirming that the development received a COA at plat or site plan approval and that the COA is still valid. Once the County has issued a COA, school concurrence for the residential development shall be valid for the life of the COA. E. Proportionate Share Mitigation. In the event there is not sufficient school capacity available within the adopted LOS standard to support an applicant's development, the School District in coordination with the County may consider Proportionate share mitigation options and if accepted shall enter into an enforceable and binding agreement with the Applicant and the County to mitigate the impact from the development through the creation of additional school capacity. F. Mitiqation. If mitigation is agreed to. the School District shall issue a new SCADL approving the applicant's development subject to those mitigation measures agreed to by the County, applicant and the School District. Prior to residential subdivision plat or site plan approval the mitigation measures shall be memorialized in an enforceable and binding agreement with the County, the School District and the applicant that specifically details mitigation provisions to be paid for by the applicant and the relevant terms and conditions. If mitigation is not agreed to, the SCADL shall detail why any mitigation proposals were rejected and why the development is not in compliance with school concurrence requirements. A SCADL indicating that either adequate capacity is available or that there is no available capacity following a 90 day negotiation period constitutes final agency action by the School District. SUBSECTION 3.AAA. AMENDMENTS TO APPENDIX G ANNUAL BEACH EVENT STANDARD PERMIT CONDITIONS Appendix G, Annual Beach Event Standard Permit Conditions, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: APPENDIX G ANNUAL BEACH EVENT STANDARD PERMIT CONDITIONS Page 192 of 194 Words struck t'�„ou—a" are deleted, words underlined are added DRAFT 5/11/10 10. Annual beach events which occur during Sea Turtle Nesting Season (May 1st through October 31 st of each year) are also subject to the following regulations: A. All required Florida Department of Environmental Protection (FDEP) Field Permits, shall be obtained and a copy furnished to Collier County prior to the time of the scheduled event as set forth in section 5.04.06. 5.04.07. B. Consistent with section 5.84.06. 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 504 06 5.04.07. E. Consistent with section 5.94 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. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding Section not affect the validity of the remaining portion. Page 193 of 194 Words ^'. , through are deleted, words underlined are added SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding Section not affect the validity of the remaining portion. Page 193 of 194 Words ^'. , through are deleted, words underlined are added DRAFT 5/11/10 SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word 'ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State, Tallahassee, Florida; with the exception that the amendments to Section 2.05.01, as proposed in subsection 3.K of this Ordinance, shall become effective 45 days after the effective date of this Ordinance. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of June, 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA 0 , Deputy Clerk FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: Heidi Ashton -Cicko Asst. 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O O b9 0 .0 L1 OM bp M> V" '6 M O G u U "" O W 6 (C U G 6 O 6 C C u 00 U �p r o E N o a v a U'V U b o 0 0 T U O� O O N U Q .-1 H b Q 0 4-A un Cc3 VJ W �I �Ol V N 0 rH N �1 03 r� U N o_ N U o q Z U N N � � ti 0 o N ~ MU FY T ro 00000 0p0 U �NNONOo C C N N N N N Q O b 6 V O N Q h 0 Q E d U O N W Q 0 O a a o U N N � U O p oz � N O N a. O v Q I-y T 6 Z E d L yVOI y O C da � a V V C V C O Q E P P m C V Vi . y A. =N a o N N�o, o0 0 0 O O O O N N Q N N V 00 GO 00 N O O O O O O O O O O O O 0 0 0 0 F� 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 16 Text underlined is new text to be added. deleted Text StFikethrough IS GUFFent te)A to be Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development & Environmental Services Division AUTHOR: Susan Istenes, AICP DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC1:19 LDC SECTION(S): 1.08.02 Definitions CHANGE: Re -adopt then remove the old definition of multiple - family (for record keeping purposes as it is staff s position that elements of the definition of multiple - family were not intended to be removed through the recodification process). Then, reword and restore provisions of the definition, "Dwelling, multiple - family," from the old code (Ord. 91 -102, as amended). Text from the old definition regulated aspects of density and land use associated with multiple - family dwelling units. Although it is preferable not to regulate through the Land Development Code definitions, the text within the definition that was removed with the recodification is aligned with other provisions of the Land Development Code (timeshares and density) and if not replaced leave questions as to the relationship of timeshares and multiple family use and the calculation of density and multiple family use. REASON: Described above. It was staffs original intent to add the definition of Multiple family as it formerly existed in Ordinance No. 91 -102 (see strikeout below) however as the amendment proceeded through the reviewing agencies modifications were suggested and the original text as proposed was changed (see underlined text below). This version further modifies the text and also incorporates changes based on the suggestions and input received at the public hearings and meetings to date. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: August 26, 2009; February 2, 2010.March 15, 2010; March 30,2010; April 6, 2010; April 28, 2010 Amend the LDC as follows: 1.08.02 Definitions 1 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. T xt �: _...._ ................moo a. Bold text indicates a defined term 5 Dwelling multiple - family: A group of three or more dwelling units within a single 6 conventional building attached side by side or one above another, or both and wherein each 7 dwelling unit may be individually owned or leased initially on land which is under common or 8 single ownership. 10 For purposes of determining whether a lot is in multiple- family dwelling use the following 11 considerations shall apply: 12 13 a. Multiple - family dwelling uses may involve dwelling units intended to be rented 14 and maintained under central ownership and management or cooperative 15 apartments, condominiums and the like and may include the fee ownership of 16 land beneath each dwelling unit following development for a common base of 17 ownership. 18 19 b. Guesthouses and servants' quarters shall not be considered as dwelling units in 20 the computation of subsection a above. 21 22 C. Any multiple - family dwelling in which dwelling units are available for rental for 23 periods of less than one week shall be considered a tourist home a motel motor 24 hotel, or hotel as the case may be and shall only be permitted in districts where 25 specifically designated. 26 27 d. For the purpose of this Land Development Code timeshare estate facilities shall 28 be considered as intended primarily for transient occupancy and shall only be 29 permitted in districts where specifically designated. 30 31 + + + + + + + + + + 32 33 34 E`^ ., .- - Dwelling, � ..a'^ .,«., ^h ^a side ti.. side, above iti both, 35 dwelling unit may be 'Ridividually ewRed or leased initially GR 1and whiGh is UndeF GGFHmon-GF 36 SiRgie ownenship. 37 38 FeF pwpeses of deteFFAinhg whether a 119t iS dIR rnwitiple family dweliqRg use, the following 39 40 41 a. Multiple family dWeIIdRg uses may 'RvE)Ive dwelling JRRS 'nteFidpd tA hP. rP.RtPEJ 42 43 apaFtM8RtG, GIORdeirniniums, and the like and FnayiRGIude the fee E)WReFsh4Gf 44 45 6wnership. 46 47 48 49 50 51 per eds of less than one week shall be (3911sidered a tewist heme, a mete!, FIREAGIF 2 I:\09 Amend the LDC \2009 -Cycle 1\LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added Bold text indicates a defined term 1 hotel, OF hotel, as the Gase may be, and shall only be peffnitted OR diStF'Gt6 where 4 d. Per the puFpose of this Land Development Qede, timeshare estate faGilities shall 9 1 0 + + + + + + + + + + + 11 12 13 Dwelling multi - family: A group of 3 or more dwelling units within a single building. 14 15 For Durooses of determining whether a lot is for multi - family dwelling use, the following 16 characteristics shall be considered 17 18 a. Multiple - family dwelling uses may involve dwelling units intended to be rented and 19 maintained under central ownership and management, or cooperative apartments, 20 or condominiums, and the like and may include the fee ownership of land beneath 21 each dwelling unit following development from a common base of ownership. 22 23 For purposes of differentiating between multi - family residential dwelling units and other similar 24 or related uses and for density calculations purposes the following shall apply: 25 - -26 27 a. Any multiple - family dwelling in which dwelling units are available for rental for periods 28 of less than one week shall be considered a tourist home, a motel, motor hotel, or 29 hotel as the case may be, and shall only be permitted in districts where specifically 30 designated. 31 32 b. Timeshare estate facilities shall be considered as intended primarily for transient 33 occupancy and shall only be permitted in districts where specifically designated. 34 35 c. Guesthouses, employee quarters and the like shall not be considered as dwelling 36 units in the computation of density. 37 38 3 L \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 This page intentionally left blank. 22 4 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text strikethrough is GUFFBAt teYA to be deleted. Bold text indicates a defined term 1 LDC Amendment Request 2 3 4 5 ORIGIN: Community Development and Environmental Services 6 7 AUTHOR: John Houldsworth, Senior Site Plan Reviewer 8 9 DEPARTMENT: Engineering and Environmental Services 10 11 AMENDMENT CYCLE: 2009 Cycle 1 12 13 LDC PAGE: LDC1:37 14 15 LDC SECTION(S): 1.08.02 - Definitions 16 17 CHANGE: Delete definition of "Subdivision, minor." 18 19 REASON: Section 10.02.05 previously listed Minor Subdivisions as an exception to the 20 Preliminary Subdivision Plat process. Since Preliminary Subdivision Plats are now optional, the 21 exception was removed from the Code. There is no other reference in the Code to Minor 22 Subdivisions. 23 24 FISCAL & OPERATIONAL IMPACTS: There are no fiscal or operational impacts. 25 26 RELATED CODES OR REGULATIONS: None. 27 28 GROWTH MANAGEMENT PLAN IMPACT: There is no growth management impact. 29 30 OTHER NOTESNERSION DATE: February 2,2010; clarification of Reason. 31 32 33 Amend the LDC as follows: 34 35 1.08.00 DEFINITIONS 37 1.08.02 Definitions 38 39 40 MOM, but less thaR ten, .,.n`i^ ___ 10t6 OF n • =l= of Iand foF the . Fp96e . her~^........val ^ +e 41 OF future, Of tFaRGfelr Elf owner-ship OF develeprnent, wh 0 Gh dees Ret involve the extension e, An 42 43 . 45 61 I: \09 Amend the LD02009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkti (050510).doc Text underlined is new text to be added. Text StF ethro gh is Gument text to be deleted. Bold text indicates a defined term 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 This page intentionally left blank. 18 1 : \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ?4 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Text underlined is new text to be added. 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, corner ", " Lot, through" and "Lot, interior" that were left out when the LDC was recodified (Ordinance No. 04 -41). 2. Remove the definitions for corner, through and interior lots because they are being modified 3. Add them back in as amended text as shown below. REASON: 1. The definitions are being added back in because they were inadvertently 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 are being struck out because they are being modified. 3. The definitions are being added back in as modified (added reference to figure 9A). 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 1; however, it failed to be approved in that cycle. Initial version created November 11, 2009; modified February 17, 2010; April 6, 2010; April 28, 2010. Amend the LDC as follows: 41 42 1.08.02 Definitions 43 - -44 7 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added Bold text indicates a defined term 1 Lot. corner. A lot located at the intersection of two or more streets A lot abutting a curved 2 street or streets shall be considered a corner lot if straight lines drawn from the foremost points 3 of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 4 degrees. 5 * * * * * * * * * * + 6 Lot. interior: A lot other than a corner lot with only one frontage on a street 7 8 . 9 10 Lot interior. A lot other than a corner lot with only one frontage on a street See Figure 8 11 * + * x * * * * * s 12 Lot, through: A lot other than a corner lot with frontage on more than one street Through 13 lots abutting two streets are referred to as double - frontage lots 14 15 Lot through� A !at other than ;;. rerrter let, with fFORtagp OR th;;.,n. FnOFP grle—��� 16 ORtage lots. 17 18 Lot, through: A lot other than a corner lot with frontage on more than one street Through 19 lots abutting two streets are considered double - frontage lots See Figure 8 20 21 * * * 22 23 24 IIIT �INII� 0 1.1 LIIV1= r .111111.411 111111.1.1111.^, , I INk. I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 1 LDC Amendment Request 2 3 4 5 ORIGIN: CDES 6 7 AUTHOR: Catherine Fabacher, AICP 8 9 DEPARTMENT: Zoning & Land Development Review 10 11 AMENDMENT CYCLE: 2009 Cycle 1 12 13 LDC PAGE: LDC2:3 -4 14 15 LDC SECTION(S): 2.01.00 GENERALLY 16 17 CHANGE: Delete LDC section 2.01.00 18 19 REASON: The BCC adopted Ordinance No. 08 -64, the "Collier County Parking, Storage and 20 Use of Recreational Vehicle Control Ordinance. SECTION SEVEN of the ordinance states, 21 "This Ordinance replaces and supersedes any similar provision that presently exists in the Collier 22 County Land Development Code. Zoning staff requested from the County Attorney's Office _23 (CAO) a legal determination of which "similar provisions" contained in the LDC have been 14 replaced and superseded by Ordinance No. 08 -64. Staff was advised that of all the subsections 25 provided for review section 2.01.00 of the LDC was to be deleted. Finding that the initial 26 ordinance was incomplete, the CAO drafted a subsequent Ordinance (not yet numbered, 27 contained herein) to repeal Ordinance No. 08 -64 and to address any shortcomings. 28 29 FISCAL & OPERATIONAL IMPACTS: 30 31 RELATED CODES OR REGULATIONS: 32 33 GROWTH MANAGEMENT PLAN IMPACT: None. 34 35 OTHER NOTESNERSION DATE: Created June 27,2009; amended 1223 for DSAC; added 36 new ordinance to address shortcomings of original. May 3, 2010. 37 M 39 Amend the LDC as follows: 40 41 2 01 nn GFhioonr i v 42 43 44 type that aFe Rot knFnediately epeFable, OF used fGF the puinpose fel; whiGh they were 45 rnan -4 a ANOtheut haRiGal OF e!eGt..,.ai .e. aim OF the Fe ,ia,.,,. ..t of paFts OF do 6 RGI meet the PGFida Safety Gede; OF do Rot have G'--rFR-.Rt VA—lid linpnse plates; E)F do not 47 .,Muth d ff;o., Of Fesreatienat- equipments defined within this Code, shall net be 9 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc underlined Text ded Bold text indiGates . defined = G d. Autemobiles; passeRgeF type vans; and PiGkUp tFUGI(s having a Fated lead 8 RE)F 7.0 feet 'R width, nGF 25 feet OR 18Rgth shall be exempted fFE)rn this .. 17 the length, height or v.4dith of thp vphiGle. 19 4. ElOatS OF etheF fleatiRg equipment used as dwelling units. Beats OF etheF fleating 20 eqUipFFleRt being used as dwelling units em as emm-melFaial establishments 21 Fnay not anGher OF tie up In wateFs undeF the juriad-in-tion of the is-e-unty for 24 q--Ph --Qp anci meeting Gounty and state health stanclards fAr sugh - se. Li 26 5. GondWniRiums. This Gede shall be GonGtFued and applied with rpfprpn.Ap. tA the 29 fOFFR of owneFship. CnndnFnini, ims of any kind, type OF use shall Gemply with 30 the provisions ef F.S. Ch. 719, as amended, knevin as the _ -__.. . 36 b8 Fe6pensible for enfbFE;ing any deed reStFiGtieRS. •. No. 0. 2.0 1.00 11 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Tied di L.J6... ..6 'n t text to be deleted. Bold text indicates a defined term 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 This page intentionally left blank. 22 12 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc -- 1 Text underlined is new text to be added. Text st0kethFough is ounent teid to be deleted. Bold text indicates a defined term ORDINANCENO.08- 64 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO REGULATE THE PARKING, STORAGE OR USE OF RECREATIONAL VEHICLES BY PROVIDING FOR: SECTION ONE, PURPOSE AND INTENT; SECTION TWO, TITLE; SECTION THREE, APPLICABH.TIYt SECTION FOUR, DEFINITIONS; SECTION FIVE, LIMITATIONS ON PARKING, STORAGE AND USE OF RECREATIONAL VEHICLES; SECTION SIX, PERMITS; SECTION SEVEN, EFFECT ON LAND DEVELOPMENT CODE PROVISION REGULATING PARKING, STORAGE AND USE OF RECREATIONAL VEHICLES; SECTION EIGHT, CONFLICT AND SEVERABILITY; SECTION NINE, INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND SECTION TEN, EFFECTIVE DATE. WHEREAS, Chapter 125, Florida Stamles, establishes the right and power of counties w provide for the health, welfare and safety ofexisting and brturc residents ofthe county by enacting and enforcing regulations concerning them ofpropeny necessary for the protection of the public; and WHEREAS, at its October 14, 2008 meeting the Board of County Commissioners (BCC) directed that the regulations concerning the parking, storage and use of rereadonal vehicles be moved from of the Land Development Code (LDC) to the Collier County Code ofLawr and Ordinances; and WHEREAS, also at the October 14, 2008 meeting the BCC directed that these regulations be amended to provide additional due fa recreational vehicles to be stored or puked on properties within residentially wood arms as we11 as to provide for a "streamlined" Matting process. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Purpose and Intent considered to be remedial and shall be co sued and interpreted to secure the public, and sides of residentially zoned properties. SECTION TWO: Title This Ordinance shall be known and may be tied as the "Collier County Puking, Storage and Use of Recreational Vehicle Control Ordinance". SECTIONTHREE: Applicability This Ordinance shall apply to, and be enforced ire all unincorporated areas of Collier County, Flonds. SECTION FOUR: Definitions When used in this Ordinunce, the following words, phraas, or terms shall have the following mpmings, the content clearly Indira" otherwise: r. , 1. REAR YARD, CORNER LOT: thatportion of the lot opposite the street who the least frontages.,: -• 2. REAR YARD, THROUGH LOT: that portion fthe lot lying beiwccn thereuelevation ofthe rei ;idede'F(hy, design) and the sheet. 3. RECREATIONAL VEHICLE: avehieular type portable structure without permanent founda,6dd whirl can be moved, hauled or driven and primarily designed as a temporary, living accommodation viper eng(iged in necom u, cupping or travel use. This type of vehicle Includes but Is not limited to navel trailer; truck campers, camping trailers, self-propelled motor hones, boats, jet skis and trailers used fa transporting these vehicles. 4. RESIDENTIAL DISTRICTS: a residential ruing district as described in the Land Development Code to Include; RSF -I, RSF -2, RSF -3. RSF4, RSF -5, RSF-6, RIAM RMF -12, RMF -16, RT, VR and MH Zoning Districts as well as the single- family and muld -family residential components of Planned Unit Development (PUD) Zoning Districts. Page I of 2 fiV IA09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktl (050510).doc Text underlined is new text to be added. T.aN nfi LeafAm r,A 'n Bold text indicates a defined term SECTION FIVE: Limitations on Parking, Storage or Use of Recreational Vehicles 1. it shall be mlawfd for a recreational vehicle to be used for living, sleeping, of housekeeping Purposes whan parked or shred in any residential district or any other location no approved for such use 2. Recreational vehicles may be stored a puked only in a rear yard, or in a carport, or in a completely mclosed building on a lot where the principal, existing use is a single-family residence, o a mobile home except ors provided in Paragraph 4 below. 3. Boats and jet skis may also be stored on davits or credies adjacent to waterways on lots where the principal, existing use is a single-family, resign, multi- family residenu or mobile home. 4. Recreational vehicles may be parked only on a driveway located within the front yard and/or on a driveway located within the side yard of single-family or mobile home residence other than an County rights-of-way or right -of -way cawmenn, for a period not to exceed 48 hour within any given 7 -day time period so long as the required permit is obtained from the Collier County Code Enforcement Department. 5. The provisions of this Ordinance shall no affect any deed restriction or restrictive covenant that contains stricter requirements then those sec forth herein. SECTION SIX: Permit. I. An individual who parks or stores a recreational vehicle on a driveway within the front yard or on a driveway within the side yard of a single family or mobile home residence for a maximum period of 48 hours within my given 7-day, time period must obtain a permit from the Collier County Code Enforcement Department Such permits shall be available on -line at the Collier County Code Enforcement Department web -site. 2. Said permit must be affixed to the recreational vehicle. Said vehicle must he parked in such a way that the permit is visible form the street. SECTION SEVEN: This Ordinance replaces and supersedes any similar provision that presently, exists in the Collier County land Development Code. SECTION EIGHT: Conflict and Severability, more restrictive shall apply. If any court of mmpetentjusisdiction holds any phrase o portion of this Ordinance invalid or moonstitudonal, such portion shall be damed a separate, distinct and independent provision and such holding shell not affect the validity of the remaining portion. SECTION NINE: Inclusion in the Code of Laws and Ordinances The provisions of this Ordinance shill hecome, and be made a part of the Code of taws and Ordinances of Collier County, Florida The sections of the Ordinance may be renumbered or ro4cumod to accomplish such, end the word "ordinance" may be changed to "section ", "e icte, many other appropriate word. SECTION TEN: Effective Data This Ordinance shall become effective upon filing with the Department of Statue. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida. this dayof anbh( ,2008 . BOARD OF COUNTY MMISSIONERS fIT BROOK CLERK',' COLLIER ORll)A 'r� + f TOM HENNINO Marj S - Stirling ' Assistant County Attorney Page 2 of 2 14 This crdiraanco filed with the r Of ers Office thR Low' - I ��td y Oliqq dory I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktt (050510).doc Text underlined is new text to be added. Bold text indicates a defined term STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2008 -64 Which was adopted by the Board of County Commissioners on the 2nd day of December, 2008, during Regular Session. WITNESS my hand and the official seal of the Board of ' County Commissioners of Collier County, Florida, this 10th day of December, 2008. 1 DWIGHT E. BROCK Clerk of Courts and,,�LeXk Ex- officio to Board -t9f.:�; CounntyCommiseion6rs' kat J bQ By: Ann Jennejohn, ' Deputy Clerk 15 L \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc 1 2 Text underlined is new text to be added. Text- sNk,.through :aso;:e.., text to be deleted. Bold text indicates a defined term Cn r County COLLIER COUNTY CODE ENFORCMENT 48 HOUR RECREATIONAL VEHICLE -BOAT PARKING PERMIT Ordinance 2008 -64 Name of Applicant Street Address City State Date of Applicatlon Location of Temporary Parking Phone Number I Type of Vehicle Tag or Registration Expiration Data (mon#Vyear) 12:00 am 48 hours after issuance Permit Begin Date Permit End Date I, _ _hereby certify that the above information given in this application is true and correct. I also understand that the above - mentioned BOAT, TRAILER, or RECREATIONAL VEHICLE will be removed on or before the given date of removal. Signature of Applicant Pursuant to and subject to the provisions of this code and in consideration of the statements made by the applicant This permit is hereby issued for 48 hour parking and /or storage of the above - mentioned BOAT, TRAILER, or RECREATIONAL VEHICLE. THE PERMIT FOR SUCH PERIOD SHALL BE AFFIXED TO THE VEHICLE IN A CONSPICUOUS PLACE ON THE STREET SIDE THEREOF and SHALL NOT BE USED FOR LIVING PURPOSES THIS PERMIT IS VALID ONLY AS INDICATED IN THE DATE ABOVE 1. It shall be unlawful for a recreational vehicle to be used for living, sleeping, or housekeeping purposes when parked or stored in any residential district, or any other location not approved for such use. 2. Recreational vehicles may be stored or parked only in a rear yam, or in a carport , or in a completely enclosed building on a lot where the principal, existing use is a singe - family residence, or a mobile home except as provided in Paragraph 4 below. 3. Boats and fat skis may also be stored on caves or cradles adjacent to waterways on lots where the pdndpal existing use Is a single- family resldence, multi - femiy residence or mobile home. 4. Recreational vehicles may be parked only on a driveway located within the front yard and/or a driveway located within the side yard of a single - family or mobile hone residence other than on County rights -of -way or right -of -way easements for a period not to. exceed 48 hours within any given 7-day time period so long as the required penult Is obtained from the Collier County Code Enforcement Department Collier County Government Community Development and Environmental Services Division Code Enforcement Department 2800 N. Horseshoe Drfve, Naples, R 34104 Telephone (239) 262 -2440 FAX (239) 252 -2343 Recreational Vehicle Temporary Use Permit 16 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Rev 1213108 Text underlined is new text to be added. Text strikethro ..M is n ..nn. .n Ia text to n deleted. Bold text indicates a defined term 1 2 3 ORDINANCE NO. 10- 4 5 AN ORDINANCE OF THE BOARD OF COUNTY 6 COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO 7 REGULATE THE PARKING, STORAGE OR USE OF 8 VEHICLES BY PROVIDING FOR PURPOSE AND INTENT; 9 PROVIDING FOR TITLE; PROVIDING FOR 10 APPLICABILITY; PROVIDING FOR DEFINITIONS; 11 PROVIDING FOR LIMITATIONS ON PARKING, 12 STORAGE AND USE OF VEHICLES WITHOUT CURRENT 13 LICENSE PLATES; PROVIDING FOR LIMITATION ON 14 PARKING, STORAGE OR USE OF RECREATIONAL 15 VEHICLES; PROVIDING FOR PARKING OF 16 COMMERCIAL VEHICLES OR COMMERCIAL 17 EQUIPMENT IN RESIDENTIAL AREAS; PROVIDING 18 LIMITATION ON BOATS OR OTHER FLOATING 19 EQUIPMENT AS DWELLING UNITS; PROVIDING FOR 20 REPEAL OF ORDINANCE NO. 08 -64; PROVIDING FOR 21 CONFLICT AND SEVERABILITY; PROVIDING FOR 22 INCLUSION IN THE CODE OF LAWS AND ORDINANCES; 23 AND PROVIDING AN EFFECTIVE DATE. 24 25 26 WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to 27 provide for the health, welfare and safety of existing and future residents of the county by 28 enacting and enforcing regulations concerning the use of property necessary for the protection of 29 the public, and 30 31 WHEREAS, at its October 14, 2008 meeting the Board of County Commissioners (BCC) 32 directed that the regulations concerning the parking, storage and use of recreational vehicles be 33 moved from the Land Development Code (LDC) to the Collier County Code of Laws and 34 Ordinances; and 35 36 WHEREAS, also at the October 14, 2008 meeting the BCC directed that these regulations 37 be amended to provide additional time for recreational vehicles to be stored or parked on 38 properties within residentially zoned areas as well as to provide for a "streamlined" permitting 39 process. 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 42 COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 43 44 SECTION ONE: Purpose and Intent 45 46 This Ordinance is hereby considered to be remedial and shall be construed and interpreted 17 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktt (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 1 to secure the public health and general welfare through the prevention of the long -term open 2 storage of vehicles about the front and sides of residentially zoned properties. 3 4 SECTION TWO: Title 5 6 This Ordinance shall be known and may be cited as the "Collier County Parking, Storage 7 and Use of Vehicle Control Ordinance ". 8 9 SECTION THREE: Applicability 10 11 This Ordinance shall apply to, and be enforced in, all unincorporated areas of Collier 12 County, Florida. 13 14 SECTION FOUR: Definitions 15 16 When used in this Ordinance, the following words, phrases, or terms shall have the 17 following meanings, unless the content clearly indicates otherwise: 18 19 1. RECREATIONAL VEHICLE: a vehicular type portable structure without permanent 20 foundation which can be towed, hauled or driven and primarily designed as a temporary 21 living accommodation when engaged in recreation, camping or travel use. This type of 22 vehicle includes but is not limited to travel trailers, truck campers, camping trailers, self - 23 propelled motor homes, boats, jet skis and trailers used for transporting the vehicles 24 25 2. RESIDENTIAL DISTRICT: a residential zoning district as described in the Land 26 Development Code to include: RSF -1, RSF -2, RSF -3, RSF -4, RSF -5, RSF -6 RMF -6 27 RMF -12, RMF -16, RT, VR and MH Zoning Districts as well as the single - family an d 28 multi - family residential components of Planned Unit Development (PUD) Zoning 29 Districts. [NOTE: Does not include Estatesl 30 31 3. YARD, FRONT: The required open space extending across the entire width of the lot 32 between the front building line and street right -of -way line. Where double- frontage lots 33 exist, the required front yard shall be provided on both streets except as otherwise 34 provided for herein. 35 36 SECTION FIVE: Limitations on Parking, Storage of Vehicles Without Current License 37 Plates 38 39 A. Vehicles or trailers of any type that are not immediately operable, or used for the purpose 40 for which they were manufactured without mechanical or electrical repairs or the 41 replacement of parts; or do not meet the Florida Safety Code; or do not have current valid 42 license plates; or do not meet the definition of Recreational Vehicle shall not be parked 43 or stored in any Residential District, including the E estates district, other than in a 44 completely enclosed building. For the purpose of this section, a license plate shall not be 45 considered valid unless it is both affixed to a vehicle or trailer in a fashion authorized by 46 Florida law and is registered to the vehicle or trailer upon which it is displayed. 18 I:\09 Amend the LDC\2009 -Cycle 1\LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 1 2 SECTION SIX: Limitation on the Parking, Storage or Use of Recreational Vehicles 3 [does not include Estates] 4 5 A. No Recreational Vehicle shall be used for living, sleeping, or housekeeping purposes 6 when parked or stored on a lot in a Residential District, or any location not approved for 7 such use. In districts permitting single family homes or mobile homes, a Recreational 8 Vehicle may be parked or stored only in a rear yard, or in a completely enclosed 9 building, or in a carport, or on davits or cradles adjacent to waterways on residentially 10 zoned property; provided, however, that such Recreational Vehicle may be parked 11 anywhere on residential premises, other than on county rights -of -way or right -of -way 12 easements for a period not to exceed six hours within a time period of seven days for 13 loading and unloading, and/or cleaning prior to or after a trip. For the purpose of this 14 section, the rear yard for a comer lot shall be considered to be that portion of the lot 15 opposite the street with the least frontage. For through lots, the rear yard shall be 16 considered to be that portion of the lot lying between the rear elevation (by design) of the 17 residence and the street. 18 19 B. The following exceptions may be granted by the County Manager or his designee: 20 21 1. Recreational Vehicles may be parked only on a driveway located within the front yard 22 and /or on a driveway located within the side yard of a single - family or mobile home 23 residence other than on County rights -of -way or right-of-way easements for a period 24 not to exceed 48 hours within any given 7 -day time period so long as a permit is 25 obtained from the Collier County Code Enforcement Department. Said permit must 26 be affixed to the Recreational Vehicle in such a way that the permit is visible from the 27 street Such permits shall be available on -line at the Collier County Code 28 Enforcement Department website. 29 30 2. Recreational Vehicles may be parked upon the premises of the resident for a period 31 not exceeding seven days for the purpose of repairing and /or cleaning prior to or after 32 a trip. A temporary use permit must be obtained from the Collier County Code 33 Enforcement Department to authorize this activity. Said permit must be affixed to the 34 Recreational Vehicle in such a way that the permit is visible from the street. No more 35 than two consecutive permits may be issued and the maximum number of permits 36 issued during one calendar year shall be restricted to four. 37 38 3. Nonresident: Such car, trailer, bus or motor home, when used for transportation of 39 visitors to this county to visit friends or members of the visitor's family residing in 40 this county may be parked upon the premises of the visited family for a period not 41 exceeding seven days. A temporary use permit must be obtained from the Collier 42 County Code Enforcement Department to authorize this activity. Said permit must be 43 affixed to the Recreational Vehicle in such a way that the permit is visible from the 44 street. This does not allow for living, sleeping, or housekeeping purposes. No more 45 than two consecutive permits may be issued and the maximum number of permits 16 issued during one calendar year shall be restricted to four. 19 L \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text -� .. ....t .ex"c':,`c detsted, Bold text indicates a defined term 1 2 SECTION SEVEN: Parking of Commercial Vehicles or Commercial Equipment in 3 Residential Areas 4 5 It shall be unlawful to park a commercial vehicle or commercial equipment on any lot in a 6 Residential District [does not include Estates] unless one of the following conditions exists: 7 1. The vehicle and /or equipment is engaged in a construction or service operation on the 8 site where it is parked. The vehicle or equipment must be removed as soon as the 9 construction or service activity has been completed. 10 2. The vehicle and /or equipment is parked in a garage or fully enclosed structure or 11 carport which is structurally or vegetatively screened and cannot be seen from 12 adjacent properties or the street serving the lot. 13 3. The vehicle is parked in the rear of the main structure and is enclosed within a 14 vegetative screening which conceals the vehicle from the view of neighbors. 15 4. Automobiles, passenger type vans, and pickup trucks having a rated load capacity of 16 one ton or less - all of which do not exceed 7.5 feet in height, nor 7.0 feet in width, 17 nor 25 feet in length shall be exempted from this section unless otherwise prohibited 18 by a special parking overlay district created pursuant to LDC Section 2.03.07 M. 19 20 5. Exempted from this section are small commercial equipment such as ladders and 21 pipes that cannot be contained in the vehicle. Said equipment shall be limited to one 22 ladder or one unit of pipe which does not exceed 12 inches in diameter per 23 commercial vehicle. Said equipment shall be secured atop the vehicle and shall not 24 extend beyond the length, height or width of the vehicle. 25 26 SECTION EIGHT: Limitation on Boats or Other Floating Equipment Used as Dwelling 27 Units 9? 29 Boats or other floating equipment being used as dwelling units or as commercial 30 establishments may not anchor or tie up in waters under the jurisdiction of the county for 31 longer than 48 hours, except at facilities located in zoning districts permitting such use and at 32 facilities within such districts designated for such use and meeting county and state health 33 standards for such use. 34 35 SECTION NINE: Repeal of Ordinance No. 08 -64 36 37 This Ordinance repeals and supersedes Ordinance No. 08 -64. 38 39 SECTION TEN: Conflict and Severability 40 41 In the event this Ordinance conflicts with any other ordinance of Collier County or other 42 applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any 43 phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a 20 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).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 Text underlined is new text to be added. ti l(ethrm gh '6 G IFFPAt tPXt W he deleted Bold text indicates a defined term separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION ELEVEN: Inclusion in the Code of Laws and Ordinances The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or any other appropriate word. SECTION TWELVE: Effective Date This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of 2010. ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legal sufficiency: Heidi Ashton -Cicko Section Chief, Land Use /Transportation 10.0001/1 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 0 FRED W. COYLE, Chairman 21 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt\BCC Pkt1 (050510).doc Text underlined is new text to be added. Text str keth /n gh is current Bold text indicates a defined term 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 This page intentionally left blank. 18 01 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkti (050510).doc Text underlined is new text to be added. Text StF kethFOUgh 16 current text to be deleted. Bold text indicates a defined term 1 LDC Amendment Request 2 3 4 ORIGIN: BCC Directed. 5 6 AUTHOR: Staff 7 8 DEPARTMENT: CDES — Department of Zoning and Land Development Review 9 10 AMENDMENT CYCLE: 2009 Cycle 1 11 12 LDC PAGE: 13 14 LDC SECTION(S): 2.03.01 Agricultural Zoning Districts 15 5.04.05 Temporary Events 16 17 CHANGE: Provides allowance for youth actively engaged with 4 -H and residing within 18 Golden Gate Estates to obtain a 16 -week Temporary Use Permit for the purpose of raising up to 19 2 hogs for presentation at the annual Collier County Fair. 20 21 REASON: At the November 23, 1999, BCC hearing a motion was made by Commissioner 22 Barbara Berry directing staff to develop a Temporary Use Permit (TUP) for the above described 23 use and to provide any LDC options that might be available. An executive summary was drafted 24 proposing an LDC amendment "to allow youth residing in the Estates to raise hogs (on a 25 temporary basis) for presentation at the Collier County Fair..." This executive Summary also 26 stated that the Code allowed the Board to approve an 8 -week TUP and recommended 2 hogs per 27 family on lots greater than 1.25 acres. Minutes of the December 14, 1999, BCC hearing reveal 28 item 8.A.2 proposing the TUP was approved as a one -time allowance, pending an LDC 29 amendment. Staff has been unable to locate any records evidencing such a LDC amendment and 30 is of the opinion this issue needs to be resolved. 31 32 Staff believes that as prohibitions against hogs presently exist within residential zoning areas that 33 the best means for allowing said hogs is by means of a TUP. Said TUP would require evidence 34 of affiliation with 4 -H youth programs, provide criteria pertaining to the feeding and housing of 35 the hogs, stipulate the duration and purpose and provide a mechanism for revocation should the 36 animals become a nuisance. 37 38 FISCAL & OPERATIONAL IMPACTS: Staff recommends that the fee for this TUP be a cost 39 that can be absorbed by the applicant, youth engaged in farming activities, not to exceed $5.00. 4o This minimal fee will defray staff costs and allow the applicant to become familiar with the 41 governmental regulation and controls inherent to business operations. It is expected that this fee 42 will be passed on to the consumer upon sale of the hogs at the County Fair, at which time the 43 TUP will also become void. 44 15 RELATED CODES OR REGULATIONS: 46 23 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text -S V*ethmugh;sw;,.,... .,.,,.., „.,.. . Bold text indicates a defined term 1 GROWTH MANAGEMENT PLAN IMPACT: None. 2 3 OTHER NOTES /VERSION DATE: Revised per DSAC on 10/28/2009; DSAC Revisions 4 removed to maintain consistency with BCC Direction — struck "and other similar youth 5 development programs" in two places — 02/19/2010. April 28, 2010. 6 7 8 Amend the LDC as follows: 9 10 2.03.01 Agricultural Zoning Districts. 12 B. Estate District (E). The purpose and intent of the estates district (E) is to provide lands 13 for low density residential development in a semi -rural to rural environment, with limited 14 agricultural activities. In addition to low density residential development with limited 15 agricultural activities, the E district is also designed to accommodate as conditional 16 uses, development that provides services for and is compatible with the low density 17 residential, semi -rural and rural character of the E district. The E district corresponds to 18 and implements the estates land use designation on the future land use map of the 19 Collier County GMP, although, in limited instances, it may occur outside of the estates 20 land use designation. The maximum density permissible in the E district shall be 21 consistent with and not exceed the density permissible or permitted under the estates 22 district of the future land use element of the Collier County GMP as provided under the 23 Golden Gate Master Plan. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the estates district (E). « « « b. Accessory Uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the (E) district. 2. Field crops raised for the consumption by persons residing on the premises. 3. Keeping of fowl or poultry, not to exceed 25 in total number, provided such fowl or poultry are kept in an enclosure located a minimum of 30 feet from any lot line, and a minimum of 100 feet from any residence on an adjacent parcel of land. 4. Keeping of horses and livestock (except for hogs), not to exceed two such animals for each acre, and with no open feedlots. Any roofed structure for the shelter and feeding of such animals shall be a minimum of 30 feet from any lot line and a minimum of 100 feet from any residence on an adjacent parcel of land. i). On lots /parcels of 1.25 acres and greater, section 5 04 05 24 I: \09 Amend the LD02009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).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 Text underlined is new text to be added. Text Ii ikethr.. gh is cuFnent text to tip de steel Bold text indicates a defined term D.1. provides for the issuance of a 16 -week temporary use permit (TUP) to keep a maximum of 2 hops while engaged in a bonafide 4 -H youth development program. 5.04.00 TEMPORARY USES AND STRUCTURES 5.04.05 Temporary Events D Temporary Uses not elsewhere classified. At the direction of the BCC. the County may from time to time be called upon to allow certain uses for specific periods of time After public hearing the County Manager or designee may issue a Temporary Use Permit upon receipt of satisfactory evidence that all stipulations and /or requirements have been satisfied. 1 Bonafide 4 -H Youth Development Programs. A non - renewable 16 -week permit may be issued to allow for the keeping of up to 2 hogs on Estates zoned property of 1.25 acres or greater, in preparation for showing and sale at the annual Collier County Fair. a. Pastures shall be fenced and maintained. Any roofed structure used for the sheltering feeding or confinement of such animals shall be setback a minimum of 30 feet from lot lines and a minimum of 100 feet from any residence on an adiacent parcel of land. b Structures as described above shall be maintained in a clean, healthful, and sanitary condition. C. Once removed for showing and /or sale the hog(s) shall not be returned to the property. d This permit may be revoked with cause. 25 IA09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text -sti � Bold text indicates a defined term 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 This page intentionally left blank. 20 26 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet\may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text Bold text indicates a defined term gochenaur r Subject: FW: Pigs in Estates zoning From: gochenaur_r Sent: Friday, January 09, 200911:48 AM To: ScavoneMichelle Cc: IstenesSusan; CasertaAshley; daviscmig; LopataJan; SawyerMichael; willoughby_c Subject: Pigs in Estates zoning Hi, Michelle In December 1999, the BCC approved a single TU Permit allowing kids in the Estates to raise pigs as projects in conjunction with the County Fair. A single 8 -wk TU Permit was approved in anticipation of an LDC Amendment that would include this exception in the Code. Although the Planning Director at that time agreed to draft the Amendment, this was never done. A second TU Permit was ever requested or approved, although the use apparently continued. The basic provisions of the Amendment were to "to allow youth residing in the Estates to raise hogs (on a temporary basis) for presentation at the Collier County Fair._" The Board then approved an 8 -week TU Permit allowing this and recommended two hogs per family on lots greater than 1.25 acres. The TU Permit was to run for 8 weeks starting 14 Dec 1999. It was never renewed. Susan discussed the issue with Joe, and it was decided to bring the question of the TU Permit and the LDC Amendment back to the Board, since the direction to prepare the Amendment came from the previous Board. _ Although nothing in the LDC currently allows the use and there is no valid TU Permit allowing it, our recommendation would be to withhold enforcement action pending the decision of the Board. Preparing the Executive Summary and scheduling the hearing will take at minimum 60 days; Susan will try to get it on the agenda for the first week in march. 1 Please let me know if you have any questions. Ross 27 1:\09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktt (050510).doc Text underlined is new text to be added. Text stnio thro ..A . current text to be dp4pted Bold text indicates a defined term PtG-S CN0( - -s) EXECUTIVE SUMMARY APPROVAL OF A TEMPORARY USE PERMIT TO AUTHORIZE TEMPORARY RAISING OF HOGS IN THE ESTATES ZONING DISTRICT FOR YOUTH INVOLVED IN 4H PROJECTS IN CONJUNCTION WITH THE COUNTY FAIR. OBJECTIVE: To allow on a temporary basis, for youth involved I the 4H program to be able to raise hogs in the "E" Estates zoning district for a period of time preceding and following the Collier County Fair and Agricultural Exposition. CONSIDERATIONS: On November 23, 1999, the Board directed staff to prepare a Land Development Code (LDC) amendment to allow youth residing in the "E" Estates zoning district to raise hogs (on a temporary basis) for presentation at the Collier County Fair and Agricultural Exposition held in January of each year. Additionally the Board directed staff to determine if a temporary use permit may be issued by the Board to allow temporary raising of hogs in conjunction with 4H and the County Fair for this year, since the LDC amendment will not be effective until June of the year 2000. Section 2.6.33.9.2 of the LDC allows the Board to authorize a temporary use permit for a period of time not to exceed eight weeks (56 days), for temporary sports, religious or community events. In the opinion of staff, the Board may authorize approval of a temporary use permit to authorize raising of hogs in the "E" Estates district in conjunction with the 4H youth program and the Collier County Fair and Agricultural Exposition. As a condition of the temporary use permit, staff recommends the following: the number of hogs authorized be limited to no more than two per single - family residence; any area in which the hogs are kept be located a minimum of 30 feet from any lot line and 100 feet from any adjacent residence, that the temporary use permit be authorized only for "F," Estate zoned lots exceeding land %4 acres in size. If authorized for eight weeks, commencing on December 14, 1999, the temporary use perrnit will be effective until February 7, 2000. FISCAL IMPACT: Temporary use permits require payment of a $75.00 fee. Given that the Board has directed staff to prepare this temporary use permit, and given the fact that it will apply generally to any youth wish to raise up to two hogs during the permit period in conjunction with the 4H and Collier County Fair and Agricultural Exposition, should the Board wish to waive the fee for this permit, staff will include the $75.00 fee in a budget transfer to be prepared at the close of the fiscal year cumulatively addressing all fee waivers approved by the BCC. STAFF RECOMMENDATION: That the Board of County Commissioners approve the attached temporary use permit and waive the $75.00 fee. PREPARED BY: Date, Robert J. Mulhere, AICP Planning Services Department Director APPROVED BY: Date: Vincent A. Cautero, AICP Community Development & Environmental Services Administrator 28 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text lrikethio gh is pnt tP)d W he deleted Bold text indicates a defined term 33rd Annual Collier County Agricultural Fair & Exposition, Inc. February 5th - February 15th, 2009 2009 Livestock Rule Book K-61 I: \09 Amend the LDC\2009 -Cycle 1\LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text strikelluough is current text to be deleted. Bold text indicates a defined term Rules for Collier County Agriculture Fair & Exposition Livestock Exhibitors 2008 —2009 Show open to bona fide members of youth organizations and Collier County Citizens. Market Livestock Exhibitors must be 18 years old or younger and still in grade or high school. Market entries limited to one market animal per exhibitor. Open Exhibitors must be 8 wears old by September 1'r of the current Fair year and will only be allowed to show poultry or rabbits. All Market Animal Exhibitors must be enrolled in a 4 -11 Club. All Exhibitors will be categorized by the following ages and awards will be awarded according to these age groups. Pee Wee 4 -7 Junior 8 -10 Intermediate 11 -13 Senior 14-18 2. Livestock Committee and the Fairboard mandate that all livestock exhibitors must be enrolled in a Livestock Club. What makes a Livestock Club? The leader or someone designated by the Livestock Club must attend the Livestock meetings held at the Fair Office on the god Tuesday of each month convening at 6:30 pan. If any Club misses three meetings, the Club is no longer considered a Livestock Club, and children from that Club will not be able to show in the Fair. 3. Exhibitors with a youth organization must attend all Club meetings the entire year and be active and in good standing with the Club. If three (3) meetings are missed, the Exhibitor is no longer a member in good standing unless there are extreme extenuating circumstances (decided by the Livestock Committee and/or Club Leader). Club secretary books will be checked for attendance at the January Livestock meeting by the Fair Office. No exceptions to this rule. Fair Office will notify Exhibitor that animals will not be weighed in and have not met prior project requirements. 4. Exhibitors are expected to expand their knowledge of animal science as related to the animals being raised. Livestock Clubs are expected to designate a Project Leader for hogs, steer, etc, to be responsible for related educational programs to be presented at the Club level. Exhibitor is required to present a demonstration at Club level. (Demonstration similar to show and tell and must be on the animal he /she will be showing at the Fair.) The secretary book will have a record of who gave a demonstration at Club meetings; this is due to the Fair Office at the January Livestock meeting. Demonstrations must be completed by the second week of January. 5. All Entry Forms are available by contacting the Collier County Fair Office at (239) 455 -1444 or going online to www.colliercountyfhir.com. On every animal Entry Foam there is a paragraph that states every Exhibitor and parent has read and understands the Livestock Rule Book and the Code of Conduct. This must be 30 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktl (050510).doc 1 Text underlined is new text to be added. Text St' kethFOugh 06 GurFent text to be deleted. Bold text indicates a defined term signed by both the exhibitor and parent or legal guardian for the Entry Form to be accepted. 6. No gum is permitted under the pavilion. 7. Exhibitor should send out typed or hand written buyer's and add -on invitations about two (2) weeks before the Fair. 8. Modified Danish System is used by all judges (1 ", 2!d and 3`", etc....). Judges decisions are final. Parents are not allowed to ask judges questions during the shows. 9. ALL Exhibitors must wear show clothes when showing and selling animals. White shirts (must be tucked in), black pants, black jeans or skirts, belt, bolo or tie, and boots). Cowboy hats are allowed but no caps. Jackets are allowed if representing your Club or Organization. 10. If due to illness, injury or unusual circumstances an Exhibitor is unable to show his/her animal, an alternate exhibitor must be appointed by the Livestock Committee. Permission must be obtained in advance. 11. The First Saturday of the Fair, a mandatory meeting will be held for all Livestock Exhibitors from 9:00 - 9:30 am. Exhibitor and parent/legal guardian must be present. NO EXCEPTIONS TO THIS RULE. 12. All Exhibitors are required to complete a Record Book on each animal they show. A list of Exhibitors who have completed their Record Book must be turned in to the Fair Office by April 13's following the Fair. Any exhibitor who fails to turn in a completed Record Book will not be allowed to show in the 2010 Fair. Requirements for FIRST Weigh In 13. Official Entry Forms are available by calling the Collier County Fair Office at 455- 1444. Entry Forms must be filed with the Collier County Fair Office by initial weigh ins. Bill of Sale with birth date is required with Entry Forms for market animals. ANY exhibitor showing k the first time must have their own certified Exhibitors must be able to handle their animal or must bring a responsible adult to assist them. The Livestock Committee is there only for assistance in weighing and paperwork. Pictures will be taken to show proof of animal that is weighed in. Requirements for FINAL Weigh In 14. Entries must meet health requirements of the Florida Department of Agriculture pertaining to the animal he/she will be exhibiting. Exhibitors must present a current Health Certificate dated within thirty (30) days of the final weigh in. Any animals showing signs of illness, hernia, warts, communicable diseases, ringworms, etc. must be approved by the veterinarian and/or Livestock Committee before weighing in; or as required by the Florida Department of Agriculture. Animals shall be accompanied 31 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc 1 Text underlined is new text to be added. Text stnkethMugh is GuRerittexttebe-de[eted, Bold text indicates a defined term by an up -to -date Record Book when admitted to final weigh in. NO ANIMAL WILL BE WEIGHED WITHOUT A RECORD BOOK. Exhibitors must be able to handle their animal or must bring a responsible adult to assist them. The Livestock Committee is there only for assistance in weighing and paperwork. 15. Hauling of animals: Please do not bring your animals in cages. For the safety of the animal, exhibitors and volunteers, please have a modern trailer to haul your animals. If you do not have a proper way to haul your animal, please make arrangements with someone else in your Club. 16. All Club Leaders are responsible for getting their pass lists to the Livestock Manager at the January Livestock Meeting. All Lists must include Exhibitor and Parents first and last names. Any siblings or step parents needing passes must be on the list at that time and the money for their passes will be required at that time also. Grandparents, siblings over sixteen and extended family members must purchase a regular ticket at the front gate. Exhibitors will be given one pass to get in the back gate of the Fair. Exhibitor will also receive 2 passes for parent/guardians and two parking passes ONLY. Anyone who comes to the back gate without a pass will be turned around and refused entry until pass can be presented for entry. This will be strictly enforced. Parking in the Livestock area will only be allowed during the feeding times, any vehicles left in that area at the start of the Fair Day will be towed at owner's expense. A designated parking and entry area will be set aside in the front parking lot for all Livestock Exhibitors and Parents. 17. An Exhibit Sign containing the Exhibitor's name, Club, animal weight and breed must be displayed on the pen or stall by 5:00 pm Tbursday, the opening day of the Fair. Failure to do so will result in the loss of all premium monies. 18_ During the Fair, if any animal shows signs of illness, that animal will be moved to a designated sick bay area. A licensed veterinarian will be called, at the cost of the Exhibitor, to determine the status. If the veterinarian determines that the animal must go home, it will be removed from the Fairgrounds and will not be allowed to return under any circumstances. The area that the animal is removed from must be disinfected. 19. PENS MUST BE CLEANED and ANIMALS FED MONDAY -FRIDAY BETWEEN 2:00 -5:00 pm; SATURDAY & SUNDAY BEFORE 12:00 NOON. PREMIUMS WILL BE FORFEITED IF THE PEN IS NOT KEPT IN GOOD SHOW CONDITION. Each Exhibitor must provide his /her own cleaning supplies. All equipment should be labeled with the Exhibitor's name and must be kept in show boxes when not in use. Each Exhibitor will be eligible for the Herdsman and/or the Golden Shovel Award. Judging will be conducted randomly throughout the Fair by an anonymous committee. Exhibitors are not allowed: on the Fairgrounds during the hours that the Fair is closed except for cleaning pens. Parents/Legal Guardians must provide supervision while Exhibitors are in the Livestock Pavilion and on the Fairgrounds. 32 I:\09 Amend the LDC\2009 -Cycle 1 \LDC Packet\may 17 BCC Pkt \BCC Pkt1 (050510).doc 1 Text underlined is new text to be added. Text str kethrough is GUffeRt text to be deleted. Bold text indicates a defined term 20, All animals most be kept in stalls after the Fairgrounds open. Exceptions: Show and sale nights. Exhibitors wishing to exercise, groom, or practice for showmanship with their animal or practice in the show ring before the Fairgrounds open may do so at the discretion, and under the direct supervision, of the Barn Superintendent or a Fair Official. Exhibitor must be present and set up a time with the Barn Superintendent for grooming. 21. All animal Exhibitors must remain in the Livestock Pavilion until their show and /or sale, including resale, are complete. Failure to do so will result in loss of all premium monies. 22. a buyer. Order of sale: Grand Champion first, Reserve Champion second, balance to be determined by ajudge. All sales are final. All underweight animals will be sold per pound at an amount less than the last bog or steer that made weight at the bottom of the sale order. Every market animal Exhibitor is required to bring one dessert to the Auction not the Buyer's BBQ. Failure to do so will result in loss of premiums. 23. The Buyer's Appreciation BBQ will take place one month after the Fair. This will also be an awards ceremony for all exhibitors. If the BBQ is not catered then one parent and the market animal Exhibitor will be required to participate in the Livestock Buyer's Appreciation BBQ. A minimum of at least thirty (30) minutes of participation will be required. Failure to attend or participate with the BBQ will result in the loss of all premium monies. 24. Six (6) pervent of the selling price (including add ons) will be assessed from each Exhibitor's check to help cover the cost of the Buyer's Appreciation Bar -B -Que. 25. Each Exhibitor is responsible for purchasing a buyer gift and bringing that gift to the Buyer's Appreciation Bar -B -Que. It is suggested that each Exhibitor should spend around $50.00 to make a presentable gift. Exhibitor's who do not brimin a buyer's 26. Rabbits, poultry, goats and breeding cattle can be removed from the Fairgrounds at 10:00 pm the last Sunday of the Fair. They must be picked up by 9:00 am the next day. All animals must be signed out by the Barn Superintendent 27. Each Exhibitor shall be responsible for helping dismantle the livestock facilities the First Saturday following the Fair, from 8:00 am -12:00 pm. If an Exhibitor cannot be present they must get permission at least one week prior to the clean up and provide a suitable substitute. Failure to follow these guidelines will result in a loss of all premium monies. 33 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet\may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text sbikethroughis-eurrent -teext to be deleted. Bold text indicates a defined term MARKET SWINE 1. Entries are open to both barrows and gilts. (If gilts become pregnant they will be disqualified and removed from the Fairgrounds.) 2. Initial Weigh In: The Second Saturday of November from 8;00 am -12:00 pm at the Collier County Fairgrounds. FEEDER PIG WEIGHT MUST BE NO LESS THAN 70 lbs. AND NO MORE THAN 115 lbs. (Swine cannot be over 6 months of age at the final weigh in.) Any Exhibitor whose pig fails to meet the weight limits will have until the following Saturday to meet weigh in requirements. (The 70 Ibs, minimum will increase 1.2 lbs. per day until re- weighed: Any animal showing signs of illness will not be weighed in until the designated time as per scheduled by the determined appointed committee. Exhibitor will have one week to find a different animal. 3. Final Weigh In: The Tuesday before the Fair starts from 4:00.8:00 pm at the Collier County Fairgrounds. Hogs will be weighed one time only. MINIMUM WEIGHT 210 lbs. Hogs must be no older than 6 months of age. Only Exhibitors and one assistant are permitted in the vicinity of the scales during weigh in. Swine weighing in excess of 290 lbs. will be sold at the 290 lbs. Exhibitor must be present and have all paperwork ready, if not he /she will be sent to the back of the line. All swine will go to slaughter. 4. All hogs must be provided feed in a removable container. The Fair will provide Lixit type waterers in each hog pen and therefore, each hog should be thoroughly accustomed to drinking from one. 5. Judging will take place the second Thursday of the Fair at 7:00 pm. 34 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).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 6 47 LDC Amendment Request ORIGIN: BCC - directed Text underlined is new text to be added. Text 6trikethrough 66 GUFFeAt text to be deleted. Bold text indicates a defined term AUTHOR: John Kelly, Planner DEPARTMENT: CDES - Zoning & Land Development Review AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC2:69 -70 LDC SECTION(S): 2.03.03 F. Travel Trailer- Recreational Vehicle Campground District (TTRVC) CHANGE: Increase the allowable size of "park model" type recreational vehicles from 480 square feet to 500 square feet within the TTRVC zoning district. REASON: Per BCC direction of 15 September 2009, subsequent to testimony presented as item 6B — Public Petition (see attached transcript). Primary reason given by industry is progress, present Code is dated and needs to be made current. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: Created January 11, 2009; Modified April 13, 2010. Amend the LDC as follows: 2.03.03 Commercial Zoning Districts F. Travel Trailer- Recreational Vehicle Campground District (TTRVC). T#e provisions of this dist: eta intended to apply to trailer lats fer travel tra'IeFs a* r1 1 t e 1 t ..'1n and ..tin al , eh's1e• of e e e.r..,. pan §nn s e feet I fl SWUM trailer lets are ntended to a erlate travel trailers edel 35 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt\BCC Pktl (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 1 1. Purpose and intent. The provisions of this district are intended to apply to trailer 2 lots for travel trailers, park model travel trailers and recreational vehicles, not 3 exceeding 480 500 square feet in gross floor area. Such trailer lots are intended 4 to accommodate travel trailers, model travel trailers, pickup coaches, motor 5 homes, and other vehicular accommodations which are suitable for temporary 6 habitation, used for travel, vacation, and recreational purposes. Campsites are 7 intended to accommodate temporary residency while camping, vacationing or 8 recreating, TTRVC vehicles may be permanently located on a lot; however, no 9 person or persons may occupy said vehicles as permanent places of residence. 10 11 2. The following uses are permissible by right, or as accessory or conditional uses 12 within the travel trailer - recreational vehicle campground district ( TTRVC). 13 14 a. Permitted uses. 15 16 1. Travel trailers, park model travel trailers, pickup coaches, motor 17 homes and other recreational vehicles. 18 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc September 15, 2009 MR. GAITENS: Thank you, Madam Chairman and members of the board. t—' Item #6B I! PUBLIC PETITION REQUEST BY JANET NEBUS TO DISCUSS LDC REQUIREMENTS FOR TRAVEL TRAILER/ RECREATIONAL VEHICLE CAMPGROUNDS – MOTION TO MAKE CHANGES TO THE LDC AND ALLOW PERMITTING TO OCCUR AT THIS TIME – APPROVED MR. MUDD: Commissioner, the next public petition is 6B. It's a request by Janet Nebus to discuss the LDC requirements for travel trailer recreation vehicle campgrounds. Ms. Nebus, if you could come forward. MS. NEBUS: Good morning. I got laryngitis last week when I found out I was going to speak and I started making phone calls. I'm Janet Nebus White, and this is my mother Ivy Jean Joanne Nebus from Rock Creek RV Resort. We are petitioning the county commissioners to amend the Land Development Code regarding the TTRVC uses of allowable spaces for park trailers. It limits all units to a maximum of 480 square feet; however, the Florida Statutes 23, Chapter 320, defines a park trailer as -- does not exceed 400 square feet constructed to ANSI standards and 500 square feet when constructed to HUD standards. The HUD or United States Department of Housing and Urban Development standards designate our area as wind zone three. These federally mandated units have sheer walls, better insulation, double -pane glass, more strapping or tie - downs. A HUD unit can have from 22 to 26 tie -towns going along the sides versus and ANSI unit that may only have three on each side, so that would be six to eight tie - downs. They are built to much stricter code. Page 35 September 15, 2009 No RV trailer is allowed on a site that it will not fit on. We abide by county setbacks, and through the permitting process, all this is checked out by the county. Because the HUD units are better built products, these are what most people would like to buy. Most of these models that they sell as HUD units are over the 480 square feet, just under the 500 square feet. The LDC code goes back to 1989. Back then RVs were much smaller. The 25 -foot unit was very large. Now, 20 years later, Florida Statutes Section 316.515 on the maximum width, height, and length of motor vehicle says a motor home will not exceed 45 feet, a bus or motor coach, 50 feet. The baby boomers are visiting, and they are looking for a place to relax, have fun, retire. They're driving their 40- and 45 -foot motor homes with four slide -outs. After visiting, they'd like the convenience of a park trailer so they do not have to travel back and forth with the unit. By installing park trailers, we are helping the economy. We're applying for permits, we're using AC, engineering, plumbing, electrical, aluminum contractors, and we have a wide variety or retirees and overnighters coming from all over the United States, even Europe in the summertime. They're from all walks of life; farmers, businessmen, owners, doctors, mailmen, teachers; many of them are veterans. We are fond of RVers, as they are good people and they have good values. They're here to spend their money and have a good time. They golf, tennis, frequent eating establishments, shop, and are consumers of many services and products, helping the economy to grow. We need to be able to compete for the business with other counties, and to do that, we need the square footage for the TTRVs to be amended from 480 square feet to match that in the state statutes of 500 square feet. Talking to my Chariot dealer in Ocala, he did not know of a, you Page 36 September 15, 2009 know, any other counties that had the 480 square feet. I called Lee County, and they do not have a 480 - square -foot rule. We are a small family business that has owned the property on the corner of Airport Road since 1950. We've been in business at the present camp grounds and RV resort for 33 years. We have an RV dealer's license, and we park trailers for clients choosing Naples as an end- destination vacation spot. We're licensed by the DMV. Park trailers are RV recreation vehicles. We're only talking about 20 square feet, but this small amount makes a big difference when it goes from an ANSI unit to a HUD unit. We thank you for this opportunity to speak, and we appreciate your consideration in helping to amend the LDC for us. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: Yes. I'd like to have Joe Schmitt come up to the microphone if possible. I'm somewhat disturbed here in that I thought that this was to open up the larger RVs to park at the park, and I believe from what I hear, this is to install permanent trailers on the site. And I'm not sure if that's considered an RV park. Can you clarify this? MR. SCHMITT: For the record, Joe Schmitt, your administrator of community develop, environmental services division. The 480 square feet is for a park model. A park model, in essence, is a vacation resort cottage. It means it can move but it needs to be hooked up to water /sewer, so -- and it normally stays as semi - permanent. So this is not a big issue. It's not an issue at all. As stated -- and I appreciate the research, great research that was done on this. And I know Ms. Nebus has been talking to my staff as well. We have no problem with changing the code. We just need your direction. The 480 square feet's been around for years. It was prior -- probably preceded -- the best we know, it preceded the HUD standards. The 500 square foot is a trailer that is suitable for the site. It does not impact the site in any way as far as setbacks or any other Page 37 September 15, 2009 type of impact on neighboring units, and so it should not be an issue. COMMISSIONER HALAS: Okay. Even considering that it's permanent because they are -- they have tie -downs in regards to this? MR. SCHMITT: Well, most park trailers, I guess for lack of a better term, are somewhat permanent. You can move them from park to park. I mean, they don't have a self - contained sanitary system or water system. You just can't pull up anywhere and operate. They have to be hooked up to a sanitary service, correct? I mean, from a standpoint of -- and they're normally left on site where folks come down year after year and then stay temporarily in those park models. I mean, there are several different classes, different classes, different categories of RVs, and this smaller model is a simple version simply stated as a park model. Again, we can include that in this series of LDC amendments if you so direct. COMMISSIONER HALAS: Okay. Thank you. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Yes. I was going to say, this is a small item. I think what we need to do is, I'll make a motion that we direct staff to change the ordinance, and in the interim time, to -- MR. SCHMITT: Allow. COMMISSIONER COLETTA: -- allow this to take place. I mean, it's a small- potato item. I don't think it's worthy of a tremendous amount of discussion. COMMISSIONER COYLE: I second the motion. CHAIRMAN FIALA: Oh, okay. MR. SCHMITT: With that direction, we will issue permits pending the change of the LDC as these things come in for permit. COMMISSIONER COYLE: Yeah. MR. SCHMITT: Fine. CHAIRMAN FIALA: Okay. So the motion is on the floor before further discussion, made by Commissioner Coletta, seconded by Commissioner Coyle. And we move on to -- that was all you Page 38 September 15, 2009 wanted to say? COMMISSIONER COLETTA: That's --just as long as we understand that we're allowing the use now. CHAIRMAN FIALA: Yes. COMMISSIONER HENNING: Correct. COMMISSIONER COLETTA: Okay, fine. CHAIRMAN FIALA: That was very clear. Commissioner Henning? COMMISSIONER HENNING: Just real quick. You know, things change, industries change. We no longer have Pontiac, so we need to change that out of the Land Development Code, too. So I appreciate you bringing that to our attention. MS. NEBUS: Thank you. CHAIRMAN FIALA: And Commissioner Coyle? COMMISSIONER COYLE: That's all I wanted to say is it makes sense to change it, so let's change it. CHAIRMAN FIALA: And I would just add, the better -- COMMISSIONER COYLE: And take those Ponties out too. CHAIRMAN FIALA: Okay. And safety is wonderful. I mean, this is something else that happens along the way. So with that, we have a motion on the floor and a second. Any further discussion. (No response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: That's a 5 -0, thank you. Page 39 Text underlined is new text to be added. Text �G, wrent text to h.. ,.,....,.a Bold text indicates a defined term 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 This page intentionally left blank. 19 42 IA09 Amend the LD00009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktt (050510).doc Text underlined is new text to be added. Text .-ti a e,thro ., eee,.,� deleted; gh is text to be N 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 lo AMENDMENT CYCLE: 2009 Cycle 1 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.1.a.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. A After reviewing the various permitted uses listed in LDC Section 2.03.04.A.1a, 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. La.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. La.25]. 45 5. Membership organizations, 8611, 8631, [LDC 6 2.03.04.A.1.a.31]. 43 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 Bee Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 1 2 FISCAL & OPERATIONAL IMPACTS: NONE 3 4 RELATED CODES OR REGULATIONS: None aware of at this time. 5 6 GROWTH MANAGEMENT PLAN IMPACT: 'The applicant believes the proposed 7 language and uses are consistent with: A.) other current existing uses in the "I" Industrial Zoning 8 District found to be consistent with Collier County's Growth Management Plan, and B.) the 9 Growth Management Plan. [see letter of May 27, 2009] 10 11 OTHER NOTESNERSION DATE: Created May 27,2009; modified March 16, 2010 12 13 14 Amend the LDC as follows: 15 16 2.03.04 Industrial Zoning Districts 17 18 A. Industrial District (1). The purpose and intent of the Industrial district (1) is to provide 19 lands for manufacturing, processing, storage and warehousing, wholesaling, and 20 distribution. Service and commercial activities that are related to manufacturing, 21 processing, storage and warehousing, wholesaling, and distribution activities, as well as 22 commercial uses relating to automotive repair and heavy equipment sales and repair are 23 also permissible in the I district. The I district corresponds to and implements the 24 industrial land use designation on the future land use map of the Collier County GMP. 25 26 1. The following uses, as identified within the Standard Industrial Classification 27 Manual (1987), or as otherwise provided for within this section, are permitted as 28 a right, or as accessory or conditional uses within the industrial district (1). 29 30 a. Permitted uses. 31 32 33 34 54. Existing retail uses that were in operation on January 1 2009. in 35 the Industrial zoning district and which have been continuously 36 and conspicuously operating in the Industrial zoning district as of 37 the date of adoption of this amendment without limitation as to 38 square footage of the retail use. These existing retail businesses 39 shall be treated as legal non - conforming uses in accordance with 40 the LDC, provided however that in the event of destruction or 41 damage due to natural disaster, the structures housing such uses 42 may be rebuilt to their pre- disaster condition. 43 44 4S 44 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktt (050510).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 16 Text underlined is new text to be added. Test strikethrough is GUFrent text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: CDES AUTHOR: Leslie Persia, Senior Planner, and David Weeks, AICP, Planning Manager DEPARTMENT: Comprehensive Planning AMENDMENT CYCLE: 2009, Cycle 1 LDC PAGE: LDC2:86.21, .22, .25 (supplement 5) LDC SECTION(S): 2.03.07 Overlay Zoning Districts CHANGE: Amend Subsection 2.03.7.1), Special Treatment Overlay (ST), to extend the time period for the early entry Transfer of Development Rights (TDR) bonus credit to reflect the amendment to the Future Land Use Element of the Growth Management Plan (GMP) adopted on October 14, 2008. The possibly confusing dates - or seeming discrepancy in dates - in a portion of this LDC provision is due to the time differential between the LDC amendment to first add the TDR provision and the subsequent amendment to add the early entry bonus. REASON: To bring the LDC into conformance with the Future Land Use Element of the GMP; more specifically, the Agri cultural /Rural designation, Rural Fringe Mixed Use District, Sending Lands, Early Entry TDR Bonus provision. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: Future Land Use Element of the GMP. GROWTH MANAGEMENT PLAN IMPACT: This LDC amendment will bring the overlay into conformance with the GMP provision that it implements. OTHER NOTESNERSION DATE: 7/21/2009 Amend the LDC as follows: 2.03.07 Overlay Zoning Districts D. Special Treatment Overlay (ST). 45 1:\09 Amend the LDC\2009 -Cycle 1 \LDC Packermay 17 BCC Pkt \BCC Pkt1 (050510).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. T eted. Bold text indicates a defined term 4. Transfer of development Rights (TDR). a C. TDR credits from RFMU sending lands: General Provisions f ii. Creation of TDR Bonus credits. . . . . . . . . . . C) Early Entry Bonus credits. Early Entry Bonus credits shall be generated at a rate of 1 additional credit for each TDR credit that is severed from RFMU sending land for the period from March 5, 2004 290, until March 27, 2012 three yeaFs after the adeptieR of this FegulatiGR. Early Entry Bonus credits shall cease to be generated after the termination of this early entry bonus period. However, Early Entry Bonus credits may continue to be used to increase density in RFMU and non -RFMU Receiving Lands after the termination of the Early Entry Bonus period. Procedures applicable to the severance and redemption of TDR credits and the generation of TDR Bonus credits from RFMU sending lands. ii. In order to facilitate the County's monitoring and regulation of the TDR Program, the County shall serve as the central registry for all TDR severances, transfers (sales) and redemptions, as well as maintain a public listing of TDR credits available for sale along with a listing of purchasers seeking TDR credits. No TDR credit generated from RFMU sending lands may be utilized to increase density in any area unless the following procedures are complied with in full. b) TDR Bonus credits shall not be used to increase density in either non -RFMU receiving areas or RFMU receiving lands until a TDR credit certificate reflecting the TDR Bonus credits is obtained from the County. 1) Early Entry Bonus credits. All TDR credit certificates issued by the County for the period from the effective date of this provision until March 27. 2012 thFee years afteF Gh ^ff^^tive date shall include one Early Entry Bonus credit or fractional Early Entry Bonus credit for each TDR credit or fractional TDR credit reflected on 46 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc 1 2 3 4 5 6 7 8 9 Text underlined is new text to be added. Text dhFO ..6 b GUFFPRt text to he dalet d Bold text indicates a defined term the TDR credit certificate. Where TDR credits were severed from March 5, 2004, until the effective date of this provision, the County shall, upon receipt of a copy of the TDR credit certificate reflecting those previously severed TDR credits, issue a TDR credit certificate entitling Early Entry Bonus credits equal in number to the previously severed TDR credits. 47 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text str i(eth... ..h S GUFF_... text to deleted, Bold text indicates a defined term 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 This page intentionally left blank. 18 48 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktt (050510).doc Text underlined is new text to be added. nn, text to be deleted 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, 24 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 LAMP -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 hmnokalee 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 hmnokalee 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 49 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktt (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 1 REASON: The Immokalee CRA Advisory Board and the IMPVC advocates the creation of 2 Immokalee- specific LDRs, which will be different from those applicable in Coastal Collier 3 County. They will be consistent with and further the Goals, Objectives and Policies of the IAMP 4 and the CRA Redevelopment Plan. The primary Goal is expressed in the current draft ]AMP as 5 follows: 6 7 Encourage future growth in Immokalee that will promote economic diversity and prosperity, 8 while providing adequate infrastructure and services, protecting important natural resources, 9 and promoting the creation of safe, affordable housing. The design of new development and 10 the compatibility of land uses will be important considerations in protecting and enhancing 11 quality of life in the community. 12 13 Given that this goal recognizes the importance of design as it relates to new development and 14 compatibility of land uses as essential considerations in protecting and enhancing the quality of 15 life in Immokalee, this interim deviation process has been developed to be limited in its 16 applicability and to require full consideration of the compatibility issues associated with any 17 deviation request. 18 19 FISCAL & OPERATIONAL IMPACTS: 20 21 This LDC amendment will have a fiscal impact on the County in that Community Development 22 and Environmental Services (CDES) staff time and resources are required to review and process 23 deviation requests. Given the narrow focus of the proposed interim deviation process, impacts to 24 other County departments or independent districts should be minimal. 25 26 It is anticipated that deviations will be requested on average 10 to 15 times per year. 27 CDES staff estimates that the cost to process, review and comment on administrative deviation 28 requests will not be much different than the staff time required to process and review an 29 administrative variance, the current cost of which is $1,000. The requested deviations will have 30 to be analyzed for impacts to surrounding properties and the subject site and a separate written 31 analysis and conclusion will have to be drafted with respect to the approval or denial of a 32 deviation. Staff can monitor the time and probably should as multiple deviations could be 33 considered under one application thus necessitating additional staff review time. Any that are 34 required to go to the CCPC for approval will incur costs currently associated with a dimensional 35 variance petition which is currently CDES application costs of $5,000 and the costs of required 36 advertising. 37 38 RELATED CODES OR REGULATIONS: None. 39 40 GROWTH MANAGEMENT PLAN IMPACT: This LDC amendment is consistent with the 41 Collier County GMP (including the IAMP). 42 43 OTHER NOTESNERSION DATE: March 11, 2010; April 26,2010; April 28, 2010 44 45 46 Amend the LDC as follows: 50 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. ..nt tPXt to he dp . tpd Bold text indicates a defined tens 1 2 2.03.07 Overlay Zoning Districts 3 4 G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with s distinct subdistricts for the purpose of establishing development criteria suitable for the 6 unique land use needs of the Immokalee Community. The boundaries of the Immokalee 7 Urban Overlay District are delineated on the maps Map4 below. 8 9 IMMOKALEE OVERLAY DISTRICT A-MMD t\ J OVD C-0 A -MM 1 -MI A-MM 10 11 12 [Replace Existing Immokalee Overlay Map with the following two maps.] 13 51 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt\BCC Pkt1 (050510).doc 1 2 3 Text underlined is new text to be added. Text sb, kethfaugh IS GUrFeRt text to be deleted. Bold text indicates a defined term IMMOKALEE URBAN AREA OVERLAY u, WEST HALF x U F Q 52 IA09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktt (050510).doc W Z J S U Q A MHO VR RAH PUD - VR WESICIO %ST RS� 6(9I RSF 3 iF 4 RSF-3 MH(4) CFf _ RMF,6 _. -. \ _ A MH I RSF -0I I. P PUD �A -MHrl 13 -12 ?a , - -- LIXE TRMFD RD l rL RSFd k A f.1H0 VR � "VR �6 p ' �RfiF3 $MF6 R Al' Hhi.._._MH Ed RMF -6 PUP• MH . PUD PUTS '�p RSF -3 : MH LAKE ' MH RSF s VR R; TRAFFORD ( RSF-3 AMHO RM£ 4 Pu w, 1 `1..1.. Me- RMFb Pt VR VR E 52 IA09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktt (050510).doc W Z J S U Q Text underlined is new text to be added. Text str kethrough is GUFFent text to be deleted. Bold text indicates a defined term w IMMOKALEE URBAN AREA OVERLAY EAST HALF x U F Puo > IMMOKALEE REGIONAL AIRPORT SF;O t MF R6 ``Redo 1 RMF F ., t �R i IV AMHO 1 f, I I 0 RSF3 _ - I �— F VR - �s i R,IVk�i4 RMra MH HO A -MHO VR RMFaVR I -� �I. RMFE E.. - POO RSF4'. APO V� e F y A -MHO W 4�, s9 1 2 3 4 5 6 7 Interim Deviations: Property owners within the Immokalee Urban OverlayDistrict 7 may request deviations from specific dimensional requirements (noted below) 8 which are contained within sections of the Land Development Code. A deviation 9 request may be reviewed administratively or by the Planning Commission 10 depending upon its scope This section addresses the specific permissible 11 deviations limitations thereon, and the review process. 12 53 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added 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 b Concurrent Deviation Application required All deviation requests shall be 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 may be approved by staff in coniunction 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. 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. 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. i. Considerations for Review and Approval: The CCPC shall consider the following: 54 1:109 Amend the LDC12009 -Cycle 1 \LDC Packet \may 17 BCC Pkt1BCC NO (050510).doc Text-sEnkeEhreugh swsent text in be dP'PtPdI V. Bold text indicates a defined term 1 a. Review Process. Requested deviations that meet the criteria for 2 administrative approval (insubstantial deviation) as set forth in 7c will be 3 reviewed through the same processing procedures and fees associated 4 with administrative variances (Section 9.04 04) using the standards and 5 criteria set forth below. A deviation that does not meet the criteria for 6 administrative approval (substantial deviation) will be reviewed by the 7 Planning Commission through the same processing procedures and fees 8 associated with dimensional variances (Section 9.04 00) This is not 9 intended to replace the current established process of requesting 10 deviations through the PUD rezoning process. 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 b Concurrent Deviation Application required All deviation requests shall be 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 may be approved by staff in coniunction 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. 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. 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. i. Considerations for Review and Approval: The CCPC shall consider the following: 54 1:109 Amend the LDC12009 -Cycle 1 \LDC Packet \may 17 BCC Pkt1BCC NO (050510).doc I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet\may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. • .mot he deleted Text V ethFe GU' gh is text to Bold text indicates a defined term 1 2 a). Whether or not the proposed deviation is compatible with 3 adjacent land uses and achieves the requirements and /or 4 intent of the regulations as closely as is practicable and is 5 consistent with the Growth Management Plan; and 6 7 h_1 Whether the proposed deviation is the minimum amount 8 necessary to allow for reasonable use of the property 9 and /or address the issue necessitating the deviation 10 request and 11 12 c) Whether the reduced or increased standard requested by 13 the deviation is mitigated for either on the subject site or 14 by providing a public benefit on the subject site. Examples is of such on -site mitigation include but are not limited to: 16 increasing setbacks from the adjacent right -of -way when 17 proposing to deviate from sign size limitations: increasing 18 plantings or planting sizes or Installing a fence or wall 19 where a reduced buffer width is proposed: providing 20 public pedestrian and /or bicycle pathway easements or 21 other similar mobility improvements including transit 22 enhancements: providing public parking: beautification in 23 the public realm including street trees, street furniture, 24 lighting and other similar public benefits. 25 26 e. Applicability — List of Development Standards Eligible for deviation 27 requests Property owners shall be eligible to seek a deviation from the 28 following dimensional requirements of the Code unless otherwise noted. 29 30 i. 3.05 07 B.1 Preservation Standards Specific Standards 31 Applicable Outside the RMFU and RLSA districts Required 32 Preservation Percentages (Table Inset), consistent with Policy 33 6.1 .1 of the Conservation and Coastal Management Element. 34 35 H. 4.02.01 A Dimensional Standards for Principal Uses in Base 36 Zoning Districts: 37 38 a) Table 1. Lot Design Requirements for Principle Uses in 39 Base Zoning Districts: 40 41 b) Table 2. Building Dimension Standards for Principle 42 Uses in Base Zoning Districts, excluding building height 43 and in the case of commercial parcels located in the 44 Neighborhood Center Subdistrict as depicted on the 45 Immokalee Area Master Plan (TAMP) Future Land Use 46 Map (FLUM), no deviation shall be granted, for new 47 development, from the required 50 -foot building setback 48 when abutting residentially zoned properties, or from the 49 minimum 10 -foot wide landscaped strip between the -;0 abutting right -of -way and the off - street parking area for :51 new development but deviations from these 55 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet\may 17 BCC Pkt \BCC Pkt1 (050510).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 stF kethro gh is Gurrent text to be deleted. Bold text indicates a defined term requirements may be considered in the 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.10) 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 V. 4.02.03 B Accessory Building Lot Coverage vi. _4.02.27 C Specific Desiqn 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. ix 4.02.32 Same - -Main Street Overlay Subdistrict, limited to the following subsections: A.: C.1• D.3 and DA and E.1 E.2, and E.3. X. 4.05.04 G (- Required) and Table 17 and 4 05 06 B Loading Space Requirements utilizing the existing 56 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktt (050510).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. Texts#keg*augh-'.- Bold text indicates a defined term administrative deviation process set forth in LDC Section 4.05.04 administrative deviation. 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 Reguirements, Landscaping requirements for industrial and commercial development, limited to subsection B.3. Av. 4.06 05 C General Landscaping Requirements, Building Foundation Planting Requirements (including Table Inset). 5.06.04 Sign Standards for Specific Situations limited to subsection C. Deviations to the dimensional provisions of the following three architectural subsections (C. D. E.) qualify for review under the insubstantial review process Provided they do not exceed 10 percent of the required dimension. Dimensional deviations that exceed 10 percent and requests to deviate from non - dimensional Provisions of these sections only, shall be reviewed by_ the Planning Commission under the substantial deviation process 5 05.08 C Architectural and Site Design Standards, Building Design Standards. M 5.05.08 D Design Standards for Specific Uses. 57 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. T,axtstðruuqh is GUFFeRt text to be r1pip4p.0 Bold text indicates a defined term 1 2 3 4 1. Duration of these provisions. These provisions are interim in nature and s will be in effect for 24 months from the effective date of this ordinance 6 and will no longer be in effect once the comprehensive Immokalee 7 Overlay LDC amendments have been adopted An extension of these 8 provisions may be granted by the BCC if the BCC deems an extension is 9 warranted. 10 11 12 13 14 15 16 17 18 19 20 e. Public Notice. Public notice is required for substantial deviation requests and shall be provided in accordance with the applicable provisions of Section 10.03.05 B. for Variances. 1. Appeals. Within 30 days of the issuance of the decision of staff or of the 58 I: \09 Amend the LD02009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. 'L..�A... ..A '.... ..� {..N �.. An .�r...1..A rte ................. y....... -.. �.. .... Bold text indicates a defined term 1 LDC Amendment Request 2 3 4 ORIGIN: Community Redevelopment Agency (CRA) Advisory Board 5 6 AUTHOR: David Jackson, Executive Director - CRA 7 8 DEPARTMENT: CRA Advisory Board 9 10 AMENDMENT CYCLE: 2009 Cycle 1 11 12 LDC PAGE: LDC2:86.64 13 14 LDC SECTIONS: 2.03.07 I 15 16 CHANGE: To increase the maximum number of seats allowed within the permitted use 17 classification of Performing Arts Theater, specifically Table I — footnote 8. 18 19 REASON: Requested by the Bayshore Gateway Triangle Local Advisory Board 20 21 FISCAL & OPERATIONAL IMPACTS: 22 23 RELATED CODES OR REGULATIONS: 24 25 GROWTH MANAGEMENT PLAN IMPACT: 26 27 OTHER NOTESNERSION DATE: 28 29 30 31 Amend the LDC as follows: 32 33 2.03.07 Overlay Zoning Districts 34 35 I. Bayshore Mixed Use Overlay District. 36 Special conditions for the properties adjacent to Bayshore Drive as referenced on 37 BMUD Map 1; and further identified by the designation "BMUD" on the applicable official 38 Collier County Zoning Atlas Map or map series. 39 40 41 42 6. Bayshore Mixed Use District (BMUD) Subdistricts 43 44 a. Neighborhood Commercial Subdistrict (NC). The purpose and intent of 45 this subdistrict is to encourage a mix of low intensity commercial uses 46 and residential uses (see 2.03.07 1.6. Tables 1 and 2). Developments will :7 be human -scale and pedestrian- oriented. For mixed use projects only, 610] 1: \09 Amend the LDC\2009 -Cycle 1\LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).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 Text underlined is new text to be added. Text strikethfough is GUFFent text to be deleted Bold text indicates a defined term subject to the MUP approval process in section 2.03.07 1.3., refer to Tables 1 and 2 for permitted uses. Otherwise, permitted uses are in accordance with the underlying zoning district. b. Waterfront Subdistrict (M. The purpose of this subdistrict is to allow maximum use of the waterfront for entertainment while enhancing the area for use by the general public. Development standards for the district are the same as those set forth for the Neighborhood Commercial Subdistrict, except for the standards set forth in section 4.02.17. For mixed use projects only, subject to the MUP approval process in section 2.03.07 1.3., refer to subsection 2.03.07 1.6. Tables 1 and 2 for permitted uses. Otherwise, permitted uses are in accordance with the underlying zoning district. * + + * + # + # + + * Table 1. Permissible Land Uses in BMUD Mixed Use Subdistricts TABLE INSET: P = permitted E = permitted with certain exceptions An Blank cell = prohibited (also see table of conditional and accessory uses) E o U w a SIC Code 0 .a co 0 0— 0 � r Z Z .0 w .N Land Use Type or Category 0 m to m Performing Arts Theater 7922 PE 9 * * * * * * * * * * * * * * # * * * * * NOTES FOR TABLE 1 9 Performance seating limited to-200 500 seats. * * * + * * + # + * + 60 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktl (050510).doc Text underlined is new text to be added. Text - sG;kethro .F s . not text to be deleted. Bold text indicates a defined term 1 LDC Amendment Request 2 3 4 5 ORIGIN: Community Development & Environmental Services 6 7 AUTHOR: John Kelly, Planner 8 9 DEPARTMENT: Zoning & Land Development Review 10 11 AMENDMENT CYCLE: 2009 Cycle 1 12 13 LDC PAGE: LDC2:86.81 and 86.82 14 15 LDC SECTION(S): 2.03.07 J.4.b 16 17 CHANGE: Correct Bayshore Drive to read Bayshore Way 18 19 REASON: Scriveners' error 20 21 FISCAL & OPERATIONAL IMPACTS: None, typographical error only. 22 23 RELATED CODES OR REGULATIONS: 24 25 GROWTH MANAGEMENT PLAN IMPACT: None, typographical error only. 26 27 OTHER NOTES/VERSION DATE: Corrected typographical error discovered by CCPC - 28 03/06/2010 29 30 31 Amend the LDC as follows: 32 33 2.03.00 ZONING DISTRICTS; PERMITTED USES, ACCESSORY USES, AND 34 CONDITIONAL USES 35 + + + + + + + + + + 36 2.03.07 Overlay Zoning Districts 37 + + + + + + + + + 38 J. Goodland Zoning Overlay (GZO). To create design guidelines and development 39 standards that will assure the orderly and appropriate development in the 40 unincorporated area generally known as Goodland. The Goodland Zoning Overlay 41 district (GZO) is intended to provide regulation and direction under which the growth and 42 development of Goodland can occur with assurance that the tropical fishing village and 43 small town environment of Goodland is protected and preserved, and that development 44 and /or redevelopment reflect the unique residential and commercial characteristics of 45 the community. The boundaries of the Goodland Zoning Overlay district are delineated 46 on Map 1 below. ', 7 + + + + + + + + + + + + 61 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added Text - sErikethro h s 6 Fremttextto-be-deteted, Bold text indicates a defined term 1 2 4. Storage sheds. Parcels located off of Bayshore Way are allowed to retain any 3 sheds that were constructed prior to October 17, 2003. Storage sheds for fishing 4 and boat equipment on the boat dock parcels off of Bayshore Way constructed 5 after October 17, 2003 are permissible if they comply with the following 6 requirements: 7 8 a. The appropriate building permit must be obtained. 9 10 b. Bayshore df+ve- Way setback: ten feet. 11 12 C. Waterfront setback: ten feet. 13 14 d. Side yard setback: 0 feet. 15 16 e. Maximum size of shed: 144 square feet. 17 62 I:\09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).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. Bold text indicates a defined term LDC Amendment Request ORIGIN: BCC- directed AUTHOR: Jeff E. Wright, Assistant County Attorney DEPARTMENT: County Attorney's Office AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC2:114 -116 LDC SECTION(S): 2.03.08 Rural Fringe Zoning Districts CHANGE: Limits excavation for aquaculture and removal of fill dirt from Rural Fringe Mixed - Use District Sending Lands. REASON: Concern about abandonment of excavations in RFMU sending lands, once aquaculture business has ceased to operate. FISCAL & OPERATIONAL IMPACTS: Adoption of this amendment would not result in any immediate fiscal impacts to the County. There are no immediate fiscal impacts to the County. However, based on the excavation limits and fill removal prohibition, in some cases the proposed regulation could have the effect of limiting (1) the size of an operation and (2) the owner's ability to sell fill dirt, both of which could have an adverse fiscal impact on landowners (and /or facility operators). The impact is not certain in all cases, and would vary depending on operational details (including the prevailing market price for fill dirt). RELATED CODES OR REGULATIONS: n/a GROWTH MANAGEMENT PLAN IMPACT: n/a OTHER NOTESNERSION DATE: First created August 18, 2009; revised December 21, 2009, January 28, 2010, February 26, 2010, March 10, 2010, and March 24, 2010. Amend the LDC as follows: 2.03.08 Rural Fringe Zoning Districts A. Rural Fringe Mixed Use District (RFMU District) + + + + + + + + + + + + + 4. RFMU sending lands. RFMU sending lands are those lands that have the 63 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text sti kethm gh 'n GuFrent4ext to-he delste l Bold text indicates a defined term highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. RFMU sending lands are the principal target for preservation and conservation. Density may be transferred from RFMU sending lands as provided in section 2.03.07 D.4.c. All NRPAs within the RFMU district are also RFMU sending lands. With the 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 aguaculture shall be limited in quantity to the amount necessary for construction of facilities Due to the environmentaliv sensitive nature of sending lands fill removal from the site is prohibited, unless 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 64 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt\BCC Pktt (050510).doc L\09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt\BCC Pkt1 (050510).doc Text underlined is new text to be added. text to he deleted Text StFikethFOUgh 6 GH' FPAt Bold text indicates a defined term 1 outside the boundary of the Big Cypress Watershed, the 2 applicant shall be responsible for convening the Big 3 Cypress Swamp Advisory Committee as set forth in 4 Section 377.42, F.S., to assure compliance with Chapter 5 62C -25 through 62C -30, F.A.C., even if outside the 6 defined Big Cypress Watershed. All oil and gas access 7 roads shall be constructed and protected from 8 unauthorized uses according to the standards established 9 in Rule 62C- 30.005(2)(a)(1) through (12), F.A.C. 10 11 (2) Accessory uses. Accessory uses and structures that are 12 accessory and incidental to uses permitted as of right in section 13 2.03.08 (A)(2)(a)(1) above. 14 15 (3) Conditional uses. 16 17 (a) Those essential services identified in section 2.01.03 G.2. 18 19 (b) Public facilities, including solid waste and resource 20 recovery facilities, and public vehicle and equipment 21 storage and repair facilities, shall be permitted within 22 Section 25, Township 49S, Range 26E, on lands adjacent 23 to the existing County landfill. This shall not be interpreted 24 to allow for the expansion of the landfill into Section 25 for 25 the purpose of solid waste disposal. 26 27 (c) Oil and gas field development and production, subject to 28 applicable state and federal field development permits and 29 Collier County non - environmental site development plan 30 review procedures. Directional - drilling and /or previously 31 cleared or disturbed areas shall be utilized in order to 32 minimize impacts to native habitats, where determined to 33 be practicable. This requirement shall be deemed satisfied 34 upon issuance of a state permit in compliance with the 35 criteria established in Chapter 62C -25 through 62C -30, 36 F.A.C., as those rules existed on Sept. 27, 2005 [the 37 effective date of this provision], regardless of whether the 38 activity occurs within the Big Cypress Watershed, as 39 defined in Rule 62C- 30.001(2), F.A.C. All applicable Collier 40 County environmental permitting requirements shall be 41 considered satisfied by evidence of the issuance of all 42 applicable federal and /or state oil and gas permits for 43 proposed oil and gas activities in Collier County, so long 44 as the state permits comply with the requirements of 45 Chapter 62C -25 through 62C -30, F.A.C. For those areas 46 of Collier County outside the boundary of the Big Cypress 47 Watershed, the applicant shall be responsible for 48 convening the Big Cypress Swamp Advisory Committee as 49 set forth in Section 377.42, F.S., to assure compliance 50 with Chapter 62C -25 through 62C -30, F.A.C., even if 11 outside the defined Big Cypress Watershed. All oil and gas 65 L\09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt\BCC Pkt1 (050510).doc Text underlined is new text to be added. to be deleted: , Bold text indicates defined term 1 access roads shall be constructed and protected from 2 unauthorized uses according to the standards established 3 in Rule 62C- 30.005(2)(a)(1) through (12), F.A.C. 4 5 (d) Commercial uses accessory to permitted uses 1.a, 1.c. 6 and 1.d above, such as retail sales of produce accessory 7 to farming, or a restaurant accessory to a park or 8 preserve, so long as restrictions or limitations are imposed 9 to insure the commercial use functions as an accessory, 10 subordinate use. 11 12 b. Uses allowed where TDR credits have been severed. 13 14 (1) Uses Permitted as of Right: 15 16 (a) Agricultural uses consistent with Sections 163.3162 and 17 823.14(6) Florida Statutes (Florida Right to Farm Act), 18 including water management facilities, to the extent and 19 intensity that such operations exist at the date of any 20 transfer of development rights. Due to the environmentally 21 sensitive nature of sending lands fill removal from the site 22 is prohibited, unless such removal is authorized under 23 state or federal law. 24 25 (b) Cattle grazing on unimproved pasture where no clearing is 26 required; 27 28 (c) Detached single - family dwelling units, including mobile 29 homes where the mobile home Zoning Overlay exists, at a 30 maximum density of one dwelling unit per 40 acres. In 31 order to retain these development rights after any transfer, 32 up to one dwelling must be retained (not transferred) per 33 40 acres. 34 35 (d) One detached dwelling unit, including mobile homes 36 where the mobile home zoning overlay exists, per lot or 37 parcel in existence as of June 22, 1999, that is less than 38 40 acres. In order to retain these development rights after 39 any transfer, up to one dwelling must be retained (not 40 transferred) per each lot or parcel. For the purposes of this 41 provision, a lot or parcel shall be deemed to have been in 42 existence as of June 22, 1999, upon a showing of any of 43 the following: 44 45 i. the lot or parcel is part of a subdivision that was 46 recorded in the public records of the County on or 47 before June 22, 1999; 48 49 ii. a description of the lot or parcel, by metes and 50 bounds or other specific legal description, was 51 recorded in the public records of the County on or I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktt (050510).doc Text underlined is new text to be added. Tex StFikethrough Bold text indicates a defined tens 1 before June 22, 1999; or - 2 3 iii. an agreement for deed for the lot or parcel, which 4 includes description of the lot or parcel by limited 5 fixed boundary, was executed on or before June 6 22, 1999. 7 8 (e) Habitat preservation and conservation uses. 9 10 (f) Passive parks and passive recreational uses. 11 12 (g) Those essential services identified in section 2.01.03 B. 13 14 (h) Oil and gas exploration, subject to applicable state and 15 federal drilling permits and Collier County non - 16 environmental site development plan review procedures. 17 Directional- drilling and /or previously cleared or disturbed 18 areas shall be utilized in order to minimize impacts to 19 native habitats, where determined to be practicable. This 20 requirement shall be deemed satisfied upon issuance of a 21 state permit in compliance with the criteria established in 22 Chapter 62C -25 through 62C -30, F.A.C., as those rules 23 existed on Sept. 27, 2005 [the effective date of this 24 provision], regardless of whether the activity occurs within 25 the Big Cypress Watershed, as defined in Rule 62C- 26 30.001(2), F.A.C. All applicable Collier County 27 environmental permitting requirements shall be considered 28 satisfied by evidence of the issuance of all applicable 29 federal and /or state oil and gas permits for proposed oil 30 and gas activities in Collier County, so long as the state 31 permits comply with the requirements of Chapter 62C -25 32 through 62C -30, F.A.C. For those areas of Collier County 33 outside the boundary of the Big Cypress Watershed, the 34 applicant shall be responsible for convening the Big 35 Cypress Swamp Advisory Committee as set forth in 36 Section 377.42, F.S., to assure compliance with Chapter 37 62C -25 through 62C -30, F.A.C., even if outside the 38 defined Big Cypress Watershed. All oil and gas access 39 roads shall be constructed and protected from 40 unauthorized uses according to the standards established 41 in Rule 62C- 30.005(2)(a)(1) through (12), F.A.C. 42 43 (i) Mitigation in conjunction with any County, state, or federal 44 permitting. 45 46 (2) Conditional uses: 47 48 (a) Those Essential Uses identified in section 2.01.03 G.2. 49 50 (b) Oil and gas field development and production, subject to 31 applicable state and federal field development permits and 67 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text_ underlined is new text to be added Text S#_-,,thfO ^h := __.•. _..._...� Bold text indicates a defined term 1 Collier County non - environmental site development plan 2 review procedures. Directional - drilling and /or previously 3 cleared or disturbed areas shall be utilized in order to 4 minimize impacts to native habitats, where determined to 5 be practicable. This requirement shall be deemed satisfied 6 upon issuance of a state permit in compliance with the 7 criteria established in Chapter 62C -25 through 62C -30, 8 F.A.C., as those rules existed on Sept. 27, 2005 [the 9 effective date of this provision], regardless of whether the 10 activity occurs within the Big Cypress Watershed, as 11 defined in Rule 62C- 30.001(2), F.A.C. All applicable Collier 12 County environmental permitting requirements shall be 13 considered satisfied by evidence of the issuance of all 14 applicable federal and /or state oil and gas permits for 15 proposed oil and gas activities in Collier County, so long 16 as the state permits comply with the requirements of 17 Chapter 62C -25 through 62C -30, F.A.C. For those areas 18 of Collier County outside the boundary of the Big Cypress 19 Watershed, the applicant shall be responsible for 20 convening the Big Cypress Swamp Advisory Committee as 21 set forth in Section 377.42, F.S., to assure compliance 22 with Chapter 62C -25 through 62C -30, F.A.C., even if 23 outside the defined Big Cypress Watershed. All oil and gas 24 access roads shall be constructed and protected from 25 unauthorized uses according to the standards established 26 in Rule 62C- 30.005(2)(a)(1) through (12), F.A.C. 27 28 (c) Conditional use approval criteria: In addition to the criteria 29 set forth in section 10.08.00 of this Code, the following 30 additional criteria shall apply to the approval of conditional 31 uses within RFMU sending lands: 32 33 i. The applicant shall submit a plan for development 34 that demonstrates that wetlands, listed species 35 and their habitat are adequately protected as 36 specified in Chapters 3, 4 and 10. 37 38 ii. Conditions may be imposed, as deemed 39 appropriate, to limit the size, location, and access 40 to the conditional use. 41 42 C. Density. 43 44 (1) 1.0 dwelling units per 40 gross acres; or 45 46 (2) 1.0 dwelling unit per nonconforming lot or parcel in existence as of 47 June 22, 1999. For the purpose of this provision, a lot or parcel 48 which is deemed to have been in existence on or before June 22, 49 1999 is: 50 51 (a) A lot or parcel which is part of a subdivision recorded in 68 I:\09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text sh:I(.__ _ ..h . .rent terren� next to be deleted - Bold text indicates a defined term 1 the public records of Collier County, Florida; 2 3 (b) A lot or parcel which has limited fixed boundaries, 4 described by metes and bounds or other specific legal 5 description, the description of which has been recorded in 6 the public records of Collier County Florida on or before 7 June 22, 1999; or 8 9 (c) A lot or parcel which has limited fixed boundaries and for 10 which an agreement for deed was executed prior to June 11 22, 1999. 12 13 d. Native vegetation retention. As required in Chapter 4. 14 15 e. Other dimensional design standards. Dimensional standards set forth in 16 section 4.02.01 of this Code shall apply to all development in Sending 17 designated lands of the RFMU district, except as follows: 18 19 (1) Lot Area and Width. 20 21 (a) Minimum lot Area: 40 acres. 22 23 (b) Minimum lot Width: 300 Feet. 24 25 (2) Parking. As required in Chapter 4. - 26 27 (3) Landscaping. As required in Chapter 4. 28 29 (4) Signs. As required in section 5.06.00. 30 31 5. Specific vegetation standards for the RFMU district. For these specific 32 standards, please refer to section 3.05.07 C. through 3.05.07 E. of this Code. 33 69 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text ct..�,.thM gh ._ current text to be Bold text indicates a defined term 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 This page intentionally left blank. 18 `IC I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkti (050510).doc Text underlined is new text to be added. Text gh 6 ,,m .,..n , hP d,..a„d 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 24 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 34 35 36 37 38 39 40 41 42 43 44 15 .6 FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Ordinance No. 08 -11 GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: Created November 4, 2008. Revised October 28, 2009; Outdated citations removed, March 16, 2010; corrections April 8, 2010. Amend the LDC as follows: 2.03.00 Zoning Districts; Permitted Uses, Accessory Uses, and Conditional Uses. 71 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).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. ~e Bold text indicates a defined term + + + + + + + + + + + 2.03.01 2.03.02 2.03.03 2.03.04 2.03.05 2.03.06 2.03.07 2.03.08 2.03.09 2.03.10 Agricultural Zoning Districts Residential Zoning Districts Commercial Zoning Districts Industrial Zoning Districts Civic and Institutional Zoning Districts Planned Unit Development Districts Overlay Zoning Districts Rural Fringe Zoning Districts Open Space Zoning Districts Districts Under Moratorium [Reserved] + + + + + + + + The following pertains to LDC page LDC2:1, Chapter 2 table of contents: 2.0 4.00 PeFiTlissible, Conditional, and AGraessory Uses in Zoning DistriGts Reserved 2.04.01 2.04.02 OrdinanGe •. • Table of Land Uses in EaGh ZGF14Rg DiGtFiGt The following pertains to LDC page LDC2:124.5 and LDC2:124.6 2.04.00 Reserved + + + + + + + + + + 4.02.02 Dimensional Standards for Conditional Uses and Accessory Uses in Base Zoning Districts 72 1109 Amend the LDC\2009 -Cycle 1\LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 1 A. GC District. [RESERVEDI 2 3 4 4- Accessory uses. PFO Shops with equipment sales are allowable, pFevided that 5 the shops are no FneFe than 1,000 squaFe feet in size; restaUFants with a seatiRg 6 GapaGity Of 150 seats or less are allowable, pFevided that the hours ef Opwat'OR 7 . 8 9 10 ih .d' t Oct I a' 'ft shops; pFa shops with equipment ale of 11 1,000 square feet; restaurants with seatiRg GapaGity gFeateF thaR 150 seats; 12 GOGMail lounges, and similar uses, pF'maFily intended to sewe patFORS of the go! 13 GGUrsG- 14 15 B. A District. [RESERVED] 16 17 4, AGGesser3wses 18 19 a 20 21 22 23 to aR arteFial ♦ 4 by a .. hGe sf...e4 that deer not abut 25 PFOpeFt'es .t RSF 1 RSF 6 RMF R ' A R C 17 OMC_1L DT _.. 26 BALI VR TTRVC and Pl D OF siderlti.nllyused. 27 A bu#eF .. .1 of t less than 150 feet in width shall he .. . :.lard 29 alaRg . Bash boundary ..f the site ,..h'..h abate any residential!!, 30 31 4.06.00 of this 32 a M K aFd shell he OR 1'e of fFGRt side, OF Few YaFdc on 33 that portion of the lot whiGh abuts these diStFiGts arld uses- 34 WeRtified in 68Gtien 2.03.01 (A). 35 36 (+iii , 37 furnes, ... ee..es ._rhieh °"' nausp .lo...eee to h ^,...en 38 39 beyORd the lot line ef the use GFeatiRg the ernqSS'E)R. 40 41 b 42 Griieria: 43 44 {+3 45 the prePeFtT 46 47 � p�� C'7 The ..FP.,Gted area is ...th... a suFfae- .._te...._.. eem nt system 48 49 - 50 The amount of exGavated material Femoved fFoFn the site Ganne 1 73 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text str kethMugh 6 t text to be deleted Bold text indicates a defined term 1 2 pursuaRt to the PFOGedures and Aendifinns set forth On Chapter 10. 3 4 5 2, GOO di•.a ..I IUSPS; Let .. d . 6 7 A^ mal bFee ding raising, dr ^g, stabling OF kenneling 20 asres 8 9 Asphalt plants + -yes 10 11 CommeMial ;r^- ^f'^^ raising OF breeding of e)(EAG 20 asres 12 13 } 14 15 BaiFy 16 17 Livesteelc raising 20 yes 18 19 Reultq and egg preddotien 20 cores 20 21 ' 20 aGres 22 23 ' 24 25 3: Conditional DesigR FequiremeRts--. 26 27 a 28 29 (+) 30 higher daSFiftatien. 31 32 (4) Raw materials storage, plant !GGat'en and ..I apeFations 33 wound the plant shall not be IGGated OF GORdUGted withon 100 fee 34 of any exteFiGF boundary. 35 36 The height of .. .. mateFial st..r. a faeol'd'. hall d exreed 37 height of fifty (50) feet 38 39 (iv) Heurs of operation ;h;;" he l ^ ed to two ro) h I s 40 to sunset. 41 42 ( cyafbaGk fFo Fn the priRdpal read frontage hall be 43 150 feet fGF opeFational faGilities and seVeRty five (75) feet fe 44 45 46 (,A) An eaFth8R berm aGhieving a veFtGal height ef eight feet E) 47 equiva!8W vegetative GGF88R with eighty (90) PBFGeFit epaGity GRe 48 (1) yea .after ,.,......, ,..., Of GeFtifiGate Of hall be eGGUpanGy 49 ^ur StRIGte d. OF Greatee d. uyou Rd the entire 1 of the so property: 51 74 I:\09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510)Aoc I 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 31 defined Text underlined is new text to be added. Bold text indicates a term GORGAFR far the RoFida Statp Park System as established by the ... _ m.r_racr� MAN G. C -1 District. [RESERVEDI I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet\may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text -str ethfo t r text to be deleted, Bold text indicates a defined term 1 8 building. 1 13 (510;) peFGent ef the 9FOSS f'GOF area of the building. 15 Building heffight may not eXGeed two (2) steFies. 17 Earsh residential dwelling unit shall Gentain the fellevAng minifflum floo 19 squaFe feet; three bedmem, ... square feet. 21 A. MiRiFF11-IM Pf thiFty (30) peFGent of the rnmxpd development shall be 22 maintained as open spaGe. The following may be used to satisfy the 23 open spaGe FeqLAdrpmpnt,;- areas; -used to satisfy water--�� 25 Govered with impervious suFfaGe Bit used for parking (parking lot islands 26 may Rot be used LIRIeGS eXiSt;Rg native vegetaCon is maintained). 35 H. C-2 District. 37 4-. AGGesseFy uses. D, 38 permitted use, the fBlIOWiRg Gondit'GRG shall apply� .0 a-. A minimum fove and one half (5 14) feet high F84RfGFGed feRG8 shall be 41 0 RrtAllprj on, a." sides of the play aFea which aFe not open te the prinBipal 42 StFUGturei 4S prinGipal StMeture, howeveF an emergency exit fFGFn the play area sh 48 The play equipment shall bp spt hank a minimurn di'#RRGe of five (5) fee W IA09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktt (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 1 2, 6enMennal USe A4ixpd rps'deRtmal a bjeGt tO the 2 fG"OWiflg: 3 4 a: All starlda.Fds f the .1 residential and G ..I use in the C 1 5 BISfnGt: 6 7 b-. Thp dwelling units hall ho A-- ri Gt d 1. GGGUpanGy h.. the 9 10 I. C -3 District. [RESERVEDI Mixed Fesi&Rtial and 6OFnMeFG'al use may be allowable as a 11 Genditional .. the n n subjeGt to the sarne standwds as the mixed residential and GernmeMpal 12 ...St.'.Gt. 13 14 J. C-5 District. - 1: mmeenazrr _,t- e�:r_znrmc��.zrs�arrn>, 15 subject to the following standaFds--. •• feet of the Ghild- SR-.FP- GPRtPr'.,; ReaFest 22 2- it shall Rot be IOGated within •• feet of the ReaFest PFOpeFty line of land uses 23 eAGOMpassing wholesale StOFage of gasoline, liquefied peti:eleum, gas, eil, e 24 OtheF flammable liquids eF gases. 26 3-. it shall Rot be IE)Gated OR the same street ousternwily utilized by GOnStFUGtieR 29 4, it shall have a miRimurn Int ;;Fea of • ••• squaFe feet gnil a. Minimum 'at width 1 of 100 32 5, it shall PFOvide a minimum usable open spaGe of Rot less than thiFty (30) peFGent 33 of the total 6qLiaFe footage ef the lot wea. 36 fenGe Of ROt less thaR fiV8 (5) feet in height, to be GORStFUGted ef wood, rnaGORry, 4.06.00. 41 9, it shall GE)FRPIY with the State of POFida DepaFtment of Health ,. 49 p8FFnitted use. 77 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktt (050510).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 + + T..��. Text underlined is new text to be added. Tc*t -str {fe#WGJg# i$e�irr2 ^� Bold text indicates a defined term + + + + + + + + + + + 4.02.12 Same — Outdoor Storage 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 78 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).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 17 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. .ev1 ski ethrG g ent text 10 be deleted. Bold text indicates a defined term pFepeFtmeS provided the appliGant submits a site development plan Wh;Gh d-P-1,Rnnstratinw; that pFevisions Wil be made to adequately address the following: mm P i7.T!Sl�LTl. �:1T.TtlrM our.. - 4.02.32 Same —Main Street Overlay Subdistrict 79 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Woo I Wel P i7.T!Sl�LTl. �:1T.TtlrM our.. - 4.02.32 Same —Main Street Overlay Subdistrict 79 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text stFil(ethfeL4gh4&--wef44exttG-be-de[eted-. Bold text indicates a defined term 1 a: The eutdOOF 7 d ° P '^ 1°^' m f erchandise is limitad to the of 2 3 4 5 6 7 development plan that &FrInrlstrates that PFOVOSOORs- y-fill be Fnade to 8 adequately address the fellowingi 9 10 i 11 12 i} 13 areas. 14 15 FiFe PFE)te6tiGR measures. 16 17 iv, Limited heiAF6 E)f opeFatiE)R fFem dawn until dusk. 18 19 2, OutdeeF display and sale of meFGhandise withiR the sidewalk aFea ORly shall be 20 permitted iR Genjunction with Wain StFeet" approved vendor GaFts, provided the 21 applirant submits a site development P'aR WhiGh deMORStFates that PF0Yi6iE)Rs 22 23 24 a, 1-GGRtiOR of c; a le.1dis play of FneFehand se in Felation to Fead rights of way; 25 26 b r 27 28 29 G. Limited hours of epeFat on from dawn until 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 47 + + + + + + + + + 48 49 40, Aseessery uses. 50 80 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc defined Text uncerfined is new text to be added. Bold text mcfi�tes a - 3 area of sixty (60) quaFe feet. speGikatiORS 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 i0 51 .. FORM 81 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt\BCC Pkt1 (050510).doc MINS Text underlined is new text to be added. Bold text indicates a defined term 1 f 2 3 4 GampgFOURd setting, 5 6 7 be appliGable to the Gamp*Rg Gabin lots. 8 10 GGunty building Gede and the requirements of the StandaFd Building 11 Cede (i$E). 12 13 14 squaFe feet of fleal: area. 15 16 } If camping ..Wns to L. I ..{ d jR a flood hR.7aFd __ are 17 delineated eR the mest FeGent flood OnSUFanGe Fate maps, all 18 requipernents of S°vvuvR v 02 w of this I nr 4 be 1 19 20 kc- A porty shall be all.. k a length F t f two M\ weeks in a 21 sampingcabin. 22 23 24 82 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text strikethFough is current tpxt in he deleted Bold text indicates a defined term 1 LDC Amendment Request 2 3 4 5 ORIGIN: Private Petition (PL2009 -467) 6 7 AUTHOR: Robert L. Duane, AICP 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 23 counted as a dwelling unit for density calculation purposes should they exist. 5. Add the density 24 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 26 preclude timeshare units located within the Vanderbilt Beach RT Overlay district from exceeding 27 the densities for timeshares as proposed to be modified in this amendment (up to 26 units per 28 acre in the RT district) even if they are built to the room size of hotel and motel rooms. Therefore 29 the 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; April 02, 2010; April 6, 2010; April 16, 2010 (cao) 15 46 83 I: \09 Amend the LD02009 -Cycle 1 \LDC Packet\may 17 BCC Pkt \BCC Pkt1 (050510).doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Text underlined is new text to be added. Text str ..thro gh 's a Bold text indicates a defined term Amend the LDC as follows: 1.08.02 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 2.05.00 DENSITY STANDARDS 2.05.01 Density Standards and Housing Types A. Where residential uses are allowable, the following density standards and housing type criteria shall apply. 84 L \09 Amend the LDC2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc R Housing m °—�' Maximum Type: w E Density 2' Zoning ?_ a) N c o " (units District: E a ? o > ? c per gross o _ _ ;) `m °— acre) a) n t 3 w 2 Zn at M y U) H o U 0 U E F u GC Two 0.2(l A ✓ S ✓ unit per 5 acres) 0.44(l E ✓ ✓ unit per 2.25 acres) RSF -1 ✓ J ✓ 1 RSF -2 J J J 2 RSF -3 ✓ ✓ ✓ 3 84 L \09 Amend the LDC2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. ,t,.. V4 "V, Bold text indicates a defined term RSF -4 ✓ ✓ J 4 RSF -5 J J J 5 RSF -6 ✓ J J 6 RMF -6 ✓ J ✓ J ✓ J 6 RMF -12 S J ✓ ✓ 12 RMF -16 J J 16 RT 3'" ✓ 26 RT 4.17 ✓ ✓ J 16 RT 5'17 J J J 16 VR 6 ✓ J ✓ 7.26 VR 7 J J 8.71 VR s J J 14.52 MH 9 ✓ 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 0.2(1 unit per 5 acres) " 0.33 (1 CON ✓ unit per 3 acres) Big Cypress BMUD 12 S S S S 12 GTMUD 12 S S S S 12 R -1 ✓ J ✓ J R -2 J ✓ J J GZO Per underlying zoning district 85 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet\may 17 BCC Pkt \BCC Pkt1 (050510)Aoc 4 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Text underlined is new text to be added. Text- Nkethnaugh4&GUffent Pxt to he dnIPtPA RPId fuvf InHi —fn � A-fl—d I- Legend: S = permitted subject to supplemental standards ' 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) dwelling units per acre are allowed for hotels and motels. A hotel or motel in Port of the Islands may offer timeshare units and retain the density of 26 Units Der acre. 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) dwelling units per acre. Similarly for RT zoning not located within Activity Centers but in existence at the time of adoption of the LDC (October 30, 1991), residential units are allowed at a maximum of sixteen (16) units per acre. 5 For RT zoning not located within Activity Centers and not in existence at the time of adoption of this LDC (October 30, 1991), allowed density is per the density rating system up to M I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktt (050510).doc 16 for timeshare. mf & VB -RTO 17 ✓ J ✓ twnhses: 26 for hotels and motels Per GGDCCO ,/ underlying zoning district 0.025(l RFMU 13 ✓ /16 unit per 40 acres) 0.2 (1 unit RFMU 14 J ✓ ✓ ✓ /16 ✓ ✓ J per 5 acres) 0.2 (1 unit RFMU 'S J J J J J 16 ✓ J ✓ ✓ per 5 acres) 0.2 (1 unit MHO J per 5 acres) Legend: S = permitted subject to supplemental standards ' 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) dwelling units per acre are allowed for hotels and motels. A hotel or motel in Port of the Islands may offer timeshare units and retain the density of 26 Units Der acre. 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) dwelling units per acre. Similarly for RT zoning not located within Activity Centers but in existence at the time of adoption of the LDC (October 30, 1991), residential units are allowed at a maximum of sixteen (16) units per acre. 5 For RT zoning not located within Activity Centers and not in existence at the time of adoption of this LDC (October 30, 1991), allowed density is per the density rating system up to M I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktt (050510).doc Text underlined is new text to be added. T� .,..,, ti� a.. ,....a Bold text indicates a defined term 1 sixteen (16 )-dwelling units per acre. The calculation of density shall be based on the land area 2 defined by a lot(s) of record. 3 6 Density for single - family and mobile home, with or without clustering. 4 7 Density for duplex, with or without clustering. 5 8 Density for multi - family, with or without clustering. 6 9 In the MH district, modular homes are allowable. 7 10 Properties zoned C -1 through C -3 may have associated residential densities in instances 8 of mixed -use development pursuant to the Future Land Use Element of the Growth 9 Management Plan. 10 11 The density of 1 dwelling unit per 3 gross acres only applies to private in- holdings 11 within the Big Cypress National Preserve that were in existence prior to October 14, 1974. 12 12 Maximum allowable density in the BMUD and GTMUD overlays is attained through the 13 Mixed Use Project (MUP). Approval Process pursuant to the regulations in the Overlays. 14 13 One dwelling unit per 40 acres is the maximum density permitted in RFMU Sending 15 Lands (see section 2.03.08). 16 14 One dwelling unit per 5 acres is the maximum density permitted in RFMU Neutral 17 Lands (see section 2.03.08). 18 15 One dwelling unit per acre is the maximum density permitted in RFMU Receiving 19 Lands located outside of a Rural Village with redemption of Transfer of Development Rights 20 (TDR) credits; 0.2 units per acre is the maximum density permitted in RFMU Receiving Lands 21 without redemption of TDR credits; 3 dwelling units per acre is the maximum density per acre 22 in RFMU Receiving Lands located within a Rural Village with the redemption of TDR credits 23 (see section 2.03.08). 24 16 Only if Mobile Home Overlay exists. 25 t7 Lock -off unit: Where the floor area of a timeshare unit or hotel room contains lock -off 36 accommodations which can be occupied separately from the main living unit each lock -off 27 accommodation shall be counted as a full timeshare unit when computing the allowable 28 density. 29 30 B. Acreage associated with historical /archaeological resources preserved within the 31 boundaries of a project shall be included in calculating the project's permitted density. 32 (Ord. No. 06 -08, § 3.H; Ord. No. 07 -67, § 3.F) 33 34 + + + + + + + + + + + + 35 87 I: \09 Amend the LDC \2009 -Cycie 1 \LDC Packet \may 17 BCC Pkt\BCC Pkt1 (050510).doc Text underlined is new text to be added. Text -n :.�1 Bold text indicates a defined term 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 This page intentionally left blank. 18 M I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).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 50 31 Text underlined is new text to be added. Bald text indicates a defined term - Supplemental informatiori�rovided 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). 89 I: \09 Amend the LDC\2009 -Cycle 1\LDC Packet\may 17 BCC Pkt\BCC Pkt1 (050510).doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Text underlined is new text to be added. T$xt�. gh 'r GUFrent text to be deleted-. Bold 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. 90 I:\09 Amend the LDC12009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510fdoc 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: LDC3:14 & LDC3:23 15 16 LDC SECTION(S): 3.04.01 Generally 17 3.04.02 Species Specific Requirements 18 3.04.03 Requirements for Protected Plants 19 3.04.04 Penalties for Violation: Resort to Other Remedies 20 21 CHANGE: Include criteria for protection of selected listed plants. 22 Scrivener's error to correct lettering/numbering in section 3.04.02 23 Update the gopher tortoise and bald eagle sections for consistency with the 24 FFWCC Bald Eagle and Gopher Tortoise Management Plans approved in April 25 2008 and September 2007, as requested by the EAC during the 2008 LDC 26 amendment cycle. 27 Revisions with regards to the listed species section in general, gopher tortoise and 28 listed plants, per direction received from the CCPC during the 2008 LDC 29 amendment cycle. 30 Revisions to address concerns of stakeholders 31 Renumbering of remaining section 32 33 REASON: Evaluation for protection of listed plants is required as part of the EAR -based GMP 34 amendment to CCME Policy 7.1.6. Policy 7.1.6 states the following: 35 36 "The County shall evaluate the need for the protection of listed plants and within one (1) year of 37 the effective date of this amendment adopt land development regulations addressing the 38 protection of listed plants." 39 40 Scrivener's error to correct lettering/numbering in section 3.04.02 41 42 Update the gopher tortoise and bald eagle sections of the LDC for consistency with the FFWCC 43 management plans for the Bald Eagle and Gopher Tortoise approved in April 2008 and 44 September 2007, as requested by the Environmental Advisory Council (EAC). The Collier 4 5 County Planning Commission (CCPC) also requested that staff evaluate these sections in light of 91 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 1 recent changes in State requirements for these species. The State management plans for these 2 species were not in effect at the time the sections of the LDC were last amended. 3 4 An evaluation of plants listed as endangered, threatened or commercially exploited by the Florida 5 Department of Agriculture and Consumer Services as contained in Chapter 5B- 40.0055 F.A.C. is 6 the basis for the proposed protection of selected plant species. None of the plants within Collier 7 County are listed as endangered or threatened under the Federal Endangered Species Act. 8 9 The State Regulated Plant index lists 431 Endangered, 114 Threatened and 8 Commercially 10 Exploited plants in the State of Florida. Of these, at least 124 species have been documented to 11 occur in Collier County, many of which are only found in the eastern parts of the county, in State 12 and Federal preserves. Since most of these listed plants are already protected within preserves, 13 staff identified those species known to occur outside the eastern portions of the county. Staff also 14 concentrated on species where relocation is feasible. Many of the plants included in the proposed 15 amendment are described as having declining populations or populations which are very small in 16 size or limited in distribution. Others are susceptible to over collecting for commercial purposes 17 and have been listed as such by the State. 18 19 It should be noted that the listed species referenced in the preserve selection criteria pursuant to 20 CCME Policy 6.1.1 (4) are specific towards listed wildlife (animal) species and do not include 21 listed plants. Other than for relocation, listed plants would only be protected if preserved as part 22 of the habitat selected according to the preserve selection criteria of this Policy. Relocation of 23 listed plants into preserves is in keeping with the intent of CCME Policy 6.1.1 (6), in maintaining 24 natural diversity within preserves. The Environmental Advisory Council (EAC) has also 25 encouraged relocation of listed epiphytic plants into preserves when suitable habitat is preserved 26 on site. 27 28 The regulations in section 3.04 are applicable to lands within the Urban Designated areas and 29 within the RFMUD, as identified on the Future Land Use Map for Collier County. Agricultural 30 operations that fall within the scope of sections 163.3162(4) or 823.14(6), F.S., all development 31 within the RLSA District, except as specifically provided in section 4.08.00, and all development 32 within the NBMO, except as specifically provided in section 2.03.08 are exempt from the 33 provisions of section 3.04.00. (3.04.01 13.2 LDC) 34 35 The plants listed in the amendment generally occur either in forested wetlands (not totally 3 6 dominated by slash pine), hammocks, scrub or coastal barrier islands. They can also be relocated 37 by an environmental consultant with reasonable effort. Although epiphytic species could 38 potentially occur in all levels of the canopy, the epiphytic plants listed as Rare in this amendment 39 would most like occur in lower levels of the canopy, closer to the ground or water where 40 moisture levels are higher, as they all occur in forested wetlands. In rare instances they may occur 41 in the upper levels of the canopy, in wetlands with good hydrology (longer periods of 42 inundation). Wetlands with hydrology able to support epiphytic species listed as Rare in this 43 amendment, in the upper levels of the canopy would generally have high functionality scores and 44 would most likely be protected during the permitting process with the State and Federal agencies. 45 Exceptions to this might include isolated wetlands such as cypress domes, which may have good 46 hydrology but lower functionality scores when located away from other natural areas. Epiphytic 92 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text stFikethrough is GUFFPRt text to hp. delpted Bold text indicates a defined term 1 species of plants listed as Rare in this amendment would only be required to be relocated if 2 located within eight feet off the ground. Plants listed as Rare in the amendment are extremely 3 rare. 4 5 Epiphytic plants listed as Less Rare in this amendment would also only be required to be 6 relocated if located within eight feet off the ground, but only if the species is not already present 7 within the preserve. When available, only two plants per species per acre of plants listed as Less 8 Rare would be required to be relocated, up to a maximum of ten plants per species per preserve, 9 in order to establish a seed source within the preserve. When available, seed of Tillandsia may be 10 transferred to a preserve in lieu of relocating plants, since fresh seed transferred to the bark of 11 trees prior to the onset of the rainy season have good success rates. 12 13 Although many of these plants occur throughout much of the County, plants listed as Less Rare 14 in this amendment are often localized and only found in certain types of environments. Habitat 15 fragmentation and drainage have affected populations of these plants. Habitats occupied by these 16 species are usually forested and include both wetlands and uplands which have been protected 17 from fire. When available, all plants listed in this amendment, other than for Tillandsia, may be 18 planted (or fastened to woody vegetation in the case of epiphytic species) within preserves from 19 nursery grown stock in lieu of relocation. Tillandsia has been excluded to prevent accidental 20 introduction of exotic Metamasius weevil from nursery grown stock into wild populations of 21 Tillandsia (see below). All the plants listed as Less Rare in this amendment are epiphytic. 22 __23 Relocation of Tillandsia species listed in this amendment would not be allowed where !4 populations of these plants are infested with non - native Metamasius weevil that feed on 25 Tillandsia and other types of bromeliad. Metamasius callizona is particularly destructfull and 26 since its discovery in Broward County in 1989, has spread throughout much of south Florida by 27 both natural dispersal and by movement of infested plants. This species has the potential to wipe 28 out many populations of Tillandsia in Florida, and has already done so in some localities. The 29 species has also been documented within the Fakahatchee Strand State Preserve, the site of most 30 of the State's listed bromeliad species. Other species of non - native Metamasius weevil also occur 31 within the state (Metamasius hemipterus) or have been found in shipments of bromeliads from 32 neotropical countries (Metamasius flavopictus, Metamasius sellatus, Metamasius 33 quadrilineatus). 34 35 One listed plant also know to occasionally occur outside the eastern portions of the county is 36 hand fern ( Rhioglossum palmatum), a plant which grows almost exclusively on the trunks of 37 cabbage palm in moist hammocks or swamps. Relocation of this plant would be impractical since 38 it is dependent on the micro climate in which it lives and would have to be relocated together 39 attached to the cabbage palm it is growing on, to a suitable habitat on site, if another suitable 40 habitat were to exist on site. Since this species naturally occurs on cabbage palms growing in 41 association hardwoods in hammocks or in swamps, they would most likely be preserved during 42 the permitting process with the State and Federal permitting agencies. Wetlands with high 43 functionally scores and hardwood hammocks, where this species most likely occurs, also rate 44 high according to the County's preserve selection criteria. For these reasons, this species was not 4 5 included in the amendment. 6 93 I: \09 Amend the LDC \2009 -Cycle 1\LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc T., Text underlined is new text to he added. Bold text indicates a defined term 1 Other listed plants which occur either in hammocks or on coastal barriers include satin leaf 2 (Chrvsophyllum olivae orme), Simpson's stopper (Myrcianthes ra rans) and wild cotton 3 (Gossypium hirsutum). Like the hand fern, these species would likely be protected by the 4 County's preserve selection criteria since the habitats in which they occur, rate high among the 5 criteria. Relocation of two species, Simpson's stopper and satin leaf, would also be difficult due 6 to the size of mature plants and types of habitats in which they occur. All three of these species 7 could easily be added to preserves from container grown stock, as all are available commercially. 8 In contrast, wild cotton is a short lived plant which must regenerate itself by seed on a more 9 frequent basis in order to persist in the environment. For these reasons, these three species were 10 not included in the amendment. 11 12 Another plant which occurs on coastal barriers is west coast prickly apple (Harrisia graedis), a 13 rare member of the cactus family. Since this plant is quite rare and fairly easy to transplant, it was 14 included in the amendment. Unlike satin leaf, Simpson's stopper and wild cotton, commercial 15 availability of this plant would be extremely limited, if it was available at all. 16 17 FISCAL & OPERATIONAL IMPACTS: Where the listed plants identified in this amendment 18 occur on site and where relocation is required, additional expense will be incurred upon the 19 applicant to relocate them. A survey of three environmental firms who regularly conduct business 20 in the county, indicate an average hourly rate of $120 for this type work. Preserve management 21 plans may have to address specific needs for listed plants in order to insure their survival, but for 22 most species this would not be necessary. An example would be maintaining open areas free of 23 woody vegetation in scrub habitat for Curtiss' milkweed. It should be noted for scrub in 24 particular, that maintaining open areas with and without ground cover is necessary for the 25 survival of many of the species found in this type environment. Thus management for Curtiss' 26 milkweed would not require management much different than that for the habitat itself. Specific 27 management needs for this plant species might include surveying for the species every few years 28 during regular monitoring events, and making sure the area around existing plants is kept free of 29 woody vegetation and invasive ground covers. Epiphytic species of listed plants such as 30 Tillandsia (bromeliads) and orchids live attached to trees and shrubs in their environment and 31 should not require additional management when relocated to a suitable environment. 32 Preservation or relocation of all the plants identified in this amendment should require little in 33 the way of additional management other than that for general management of the preserve itself, 34 if any additional management for these species is needed at all. 35 36 During the 2008 LDC amendment hearings, the Planning Commission asked staff to provide 37 general information as to cost of relocation and management for gopher tortoises. Staff contacted 38 several environmental firms who regularly conduct business in the area to provide an estimate. 39 Staff also reviewed the FFWCC Gopher Tortoise Management Plan and FFWCC Gopher 40 Tortoise Permitting Guidelines to obtain costs associated with permitting for the State. 41 42 According to the environmental firms contacted, costs for producing a gopher tortoise 43 management plan ranged from $750 to $5,000, and this depends on the size of the project. 44 Average costs were in the $1,000 to $2,500 range. Field work to implement the plan once 45 approved was about $1,500 /day. Surveying for gopher tortoise burrows also averaged 46 $1,500 /day. Other types of management activities cost more. Mowing vegetation in order to 94 I: \09 Amend the LDC\P009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text strikethnough 6 GUFFent text to be deleted. Bald text indicates a defined term 1 maintain habitat suitable for tortoises, for example, ranged from $50 to $100/hour. A $4,000 /day 2 price was given by one consultant to conduct a prescribed fire. 3 4 Relocation of gopher tortoises cost about $2,500 /day (environmental consultant and backhoe 5 operator fees combined). Soil conditions, density of vegetation, and the presence of rock all had 6 an effect on the amount of time needed to excavate burrows. Temporary fencing to contain 7 tortoises during construction averaged around $4 to $6 /linear foot, installed. Estimates on 8 installation of permanent fencing (chain link fence) to contain gopher tortoises ranged from 9 $5.50 to $12.00 /linear foot. These consisted of a 4 foot high chain link fence buried about 2 feet 10 below ground. 11 12 Permits from the Florida Fish and Wildlife Conservation Commission (FFWCC) to relocate 13 gopher tortoises are a few hundred dollars per permit. Mitigation Contributions for these permits 14 rise significantly when tortoises are relocated to unprotected areas ($3,000 for each tortoise) or in 15 emergency take situations ($4,000 per tortoise). The difference in Mitigation Contributions for 16 protected and unprotected sites is to encourage relocation of tortoises to sites which are protected 17 in perpetuity. The option of whether to relocate gopher tortoises to protected or unprotected sites, 18 and therefore to one that is managed for gopher tortoises or not, lies with the applicant. 19 Relocation could occur on public or private land, according to the FFWCC Gopher Tortoise 20 Management Plan. Authorized recipient sites for gopher tortoises must meet specific site criteria 21 identified in the FFWCC Gopher Tortoise Management Plan. A range of $1000 to 22 $2,500 /tortoise was given by one consultant for recipient sites to accept gopher tortoises. 23 ? 4 RELATED CODES OR REGULATIONS: None 25 26 GROWTH MANAGEMENT PLAN IMPACT: Evaluation for protection of listed plants is 27 required as part of the EAR -based GMP amendment to CCME Policy 7.1.6. 28 29 OTHER NOTESNERSION DATE: Created August 7, 2009. Revised August 20, 2009, 30 February 1, 2010, April 7, 2010 31 32 33 Amend the LDC as follows: 34 35 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES 36 37 3.04.01 Generally 38 39 A. The purpose of this section is to protect species in the County, by including measures 40 for protection and /or relocation of endangered, threatened, or species of special 41 concern listed by: 42 43 1. Florida Fish and Wildlife Conservation Commission (FFWCC) as endangered, 44 threatened, or species of special concern and as provided for the bald eagle in 45 F.A.C. 68A- 16.002. 46 7 2. United States Fish and Wildlife Service (USFWS) as endangered or threatened 95 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doe Text underlined is new text to be added. Text s fink .thro gh4s _.. c. t bw.o be deleted. Bold text indicates a defined term 1 and as provided for by the Bald and Golden Eagle Protection Act. 2 3 4 GIG i 5 6 B. Applicability and Exemptions. 7 8 1. General Applicability: Except as provided in 2 below, all new development shall 9 be directed away from listed species and their habitats by complying with the 10 guidelines and standards set forth in this section. 11 12 2. Exemptions: The following are exempt from the provisions of this Section: 13 14 a. Agricultural operations that fall within the scope of sections 163.3162(4) 15 or 823.14(6), Florida Statutes; 16 17 b. All development within the RLSA District, except as specifically provided 18 in section 4.08.00; and 19 20 C. All development within the NBMO, except as specifically provided in 21 section 2.03.08. 22 23 C. EIS and mManagement plans. 24 25 1. Exemption. Single- family lap tted lots or construction of a single - family home 26 including accessory uses and structures on a lot of record thatafe not paFt 27 shall not be required to prepare an 28 €IS -eF a management plan but shall comply with approved management plans 29 for the subdivision in which they are located. 30 31 2q FIS. An EIS is Fequit:ed as set feFth in seGtiAR 10 02 Q;2 The 32 the FFWC;G and I-ISF).A.IS of the existeRGe of any listed speGies that may be 33 diSwVeFed. 34 35 32. Management Plans. 36 37 a. General Requirements. A wildlife management plan shall be required for 38 all projects where the wildlife survey indicates listed species are utilizing 39 the site or where bald eagle nests occur on the site or within distances to 40 the site identified in the Bald Eagle Management Plan utilized by the 41 FFWCC. These plans shall describe how the project directs incompatible 42 land uses away from listed these species and their habitats and shall 43 incorporate proper techniques to protect listed these species and their 44 habitat, and the nests of bald eagles from the negative impacts of 45 proposed development. Incompatible land uses and proper techniques 46 to protect listed species and their habitat and the nests of bald eagles 47 shall be in accordance with the guidelines management plans and 48 recommendations of the FFWCC or USFWS Management plans for 49 listed plant and animal species and for the nests of bald eagles shall be 50 included as part of the preserve management plan if a preserve 51 management plan is required. The County shall notify the FFWCC and 96 1 : \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. is Text strikethrough GurrPnt4ext4G4ae-deleted-. Bold text indicates a defined term 1 USFWS of the existence of any listed species that may be discovered. 2 3 b. References. Management guidelines contained in publications utilized by 4 the FFWCC and USFWS as their technical assistance, shall be used for 5 developing required management plans. The f0II9WiRg -efeFeRG86 shall 6 be used, as appFGPFmate, to pFepare the Fequiped management plans; 7 g . 9 10 I} Habitat Ma t !_ '.del'.. fn. the Bald Cagle in the Southeast g'011 I SFWS 1047 12 13 14 15 Large SGale development On ReFida, TeGIRROGWI R-1-1 16 ReFida GaFne and Fresh WateF Fish Cernmossion, 1987. 17 18 V. EGGIegy .d development Related Habitat Req BRtS of the 19 20 No. C CI '.d Game and FFesh Water Fish ^_.. m.__._ 1001 21 22 D. Protective measures. All developments subject to this section shall adhere to the 23 following: 24 25 1. General. - 26 27 a. In those areas where clustering is permitted, all developments shall be 28 clustered to discourage impacts to listed species habitats. 29 30 b. Open space and vegetation preservation requirements shall be used to 31 establish buffer areas between wildlife habitat areas and areas 32 dominated by human activities. 33 34 C. Provisions such as fencing, walls, or other obstructions shall be provided 35 to minimize development impacts to the wildlife and to facilitate and 36 encourage wildlife to use wildlife corridors. 37 38 d. Appropriate roadway crossings, underpasses, and signage shall be used 39 where roads must cross wildlife corridors. 40 41 e. When listed species are directly observed on site or indicated by 42 evidence, such as denning, foraging or other indications, priority shall be 43 given to preserving the habitat of that listed species, as provided in 44 section 4.06.04. 45 46 f. Management Plans shall contain a monitoring program for 47 developments greater than 10 acres. 48 49 g. Letters of technical assistance from the FFWCC and /or 50 recommendations from the USFWS shall be deemed to be consistent 31 with the GMP. Other forms of technical assistance from the FFWCC 97 IA09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 1 and /or USFWS shall be acceptable based on the nature of the 2 evaluation. 3 4 E. Single- family platted lots or construction of a single - family home including accessory 5 uses and structures, on a lot of record, APYER z ^e' ARB half (7 1/2) ..,Fes OF less iR 6 sib shall be exempt from the requirements set forth in sections 3.04.02 A, C, E. F G 7 B-. and 3.04.03, but shall comply when required as part of the subdivision in which they 8 are located when these lots aFe not a part ef a PFevieus development whiGh has been 9 :nply with seGtiOR 3.04.02 E-1. However, gopheF terteises shall be pFateGted 10 p w ^`�ct;o,.. Other agency approvals may be required in accordance with 11 10.02.06 C. 12 13 3.04.02 Species Specific Requirements 14 15 On pFE)perty where the %vildlife survey establishes that listed species are UtiliziRg the site 16 ..sted species Gan he 17 antiGipated to potentially BGGLIPY the site, the GOURty shall, Gensistent with the GMP, Gensirti- 18 19 20 21 on a case by ease basis, may change the FequiFements (3ORt;;iRpd herpin ARd aRY SUB h Gh-R- Ue- 22 shall him doo,^;ed to be E;oRsi6tent with this ;Cede. Wildlife habitat management plans for listed 23 species shall be submitted for County approval A plan shall be required for all projects where 24 the wildlife survey indicated listed species are utilizing the site (other than for occasional use by 25 non - resident species such as wading birds) or if required by state and federal permit 26 requirements These plans shall describe how the project directs incompatible land uses away 27 from listed species and their habitats The County shall consistent with applicable GMP 28 policies, consider and utilize recommendations and letters of technical assistance from the 29 Florida Fish and Wildlife Conservation Commission and recommendations from the US Fish 30 and Wildlife Service in issuing development orders on property containing listed species It is 31 recognized that these agency recommendations on a case by case basis may change the 32 requirements contained within these wildlife protection policies and any such change shall be 33 deemed consistent with the Growth Management Plan The following specific species 34 management and protection plans shall be applicable, in addition to those required by other 35 provision in this section 3.04.00: 36 37 A. Gopher Tortoise ( Gopherus polyohemus). 38 39 1. All native habitats occupied by gopher tortoises, `heir habitats, and the 40 associated listed commensals are hereby protected. 41 42 2. It is expressly prohibited to take, which means to harass, harm, hunt, 43 shoot, wound, kill, trap, capture, collect, molest, pursue or attempt to 44 engage in any such conduct, any gopher tortoise, and to alter, destroy, 45 or degrade the functions and values of their burrows or natural habitat, 46 unless otherwise provided for in this section. 47 48 3. All gopher tortoise burrows are protected, and it is prohibited to 49 intentionally destroy or take any such burrow by any means, unless 50 otherwise provided for in this section. 51 98 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt\BCC Pkt1 (050510).doc I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet\may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 1 4. Pp-.rc-;nnRPI RUthAFized by the FFWGC OF the County Fnay house and 2 rplinnaille t .4 and pFevided f r in this anti.. 3 Relocation shall be permitted and executed according to FFWCC Gopher 4 Tortoise Permitting Guidelines. 5 6 5. When gopher tortoises are identified on -site, a habitat protection and /or 7 management plan or off -site relocation plan as prepared by a FFWCC 8 permitted Authorized Gopher Tortoise Relocation Agent shall be 9 submitted to the County Manager or designee for review and approval. 10 11 6. The on -site habitat protection and /or management plan shall include, but 12 not be limited to, the following items: 13 14 a. A stfrfent gopher tortoise survey no more than 6 months old or 15 within the time frame recommended by the FFWCC, which shall 16 may be field- verified by pIaRRiRg 6eFViGes staff the County 17 Manager or designee. 18 19 b. A proposal for either maintaining the habitat for the population in 20 phase on site or relocating it the existing population to a gopher 21 tortoise recipient site permitted by the FFWCC. 22 23 C. A If preserved on site, a site plan identifying the boundaries of the 24 gopher tortoise preserve. 25 -. 26 d. The method of relocation, if necessary. 27 28 e. The proposed supplemental plantings, if needed. 29 30 f. Details of the construction and maintenance of gopher tortoise 31 preserve fencing to protect tortoises during construction. 32 33 g. An annual maintenance plan describing exotic removal and 34 vegetation management. 35 36 h. Identification of persons responsible for the initial and annual 37 protection and /or management of the tortoises and the preserve 38 area. Suitable gopher tortoise habitat shah -and maximum 39 allowable density of gopher tortoises shall be in accordance with 40 the parameters identified in Gopher Tortoise Management Plan 41 and Gopher Tortoise Permitting Guidelines utilized by the FFWCC 42 be designated eR the site plan at the time of the fist 43 . Suitable gopher tortoise habitat 44 preserved on site shall be designated on the site plan at the time 45 preserves are established and shall be credited to the 46 preservation requirement as specified in section 3.05.00 of this 47 6DG. 48 49 i Habitat management and monitoring to ensure habitat within the so preserve is maintained In accordance with the parameters 31 identified in Gopher Tortoise Management Plan and Gopher 99 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet\may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text StF l(ethreughl s �t4o be "eteted. Bold text indicates a defined term 1 Tortoise Permitting Guidelines utilized by the FFWCC 2 3 i. Methods identified to protect tortoises from roadways domestic 4 animals, or other possible dangers if needed. 5 6 7 S a. The preSeRGG of well dFained, sandy soils, which allow eas 9 buFFE)wing for gopher teFtei6e6. 10 11 12 suppleffleRtal feed sources shall be planted). 13 14 G Generally epen cane€ ;rand sparse shrub Gover, WhiGh lI 15 16 17 d. TypiGally, includes the pFesenGe of an existing gepheF tortoise 18 pepulatjgn 19 20 8. Off site F81OGation plans shall be peFMitted to meet all or part ef the an 21 site gepheF tortoise habitat pre6eFvatien requiFements under the 22 GiFGUmstanGes: 23 24 a `NherC suitable habitat daps not exist site; 25 u 26 b. l.A.IhPFP- a property owner meets the ra' OR sitePat+we 27 vegetation preservations requirements of this LDC with 28 juFisdiGtiE)Ral wetlands, and GaRROt Provide -l-pFE)priate habitat for 29 gopher terteises as dcsG,';bed , , 30 31 32 °..rl ^r ^a that the reqUiFement to pFavide the FequiFed on site 34 gopher torte ^ habitat _ ,.,t•.. ,II t b d p r^ 35 to ter... w^ilth of tL..^..^.� .`. t.. population of tortoises. 36 37 9. if an off site relOGation PlaR is autherized under one (1) OF MGF8 Of the 38 39 40 on Site PFeseFvatiOR RRd- Off Site rP-.'A-Gat*en may be GaRsidered. 41 42 10 Wh^ °I^ ^t ^ a tGFtE)iSeS GR sit the a t hall be a OR a 43 Base by ease basis, and no FFIBFe thaR five (5) terteffises per aGFe will be 44 rARF;4dPFed a suitable density. 45 46 714. When identifying the native vegetation preservation requirement of 47 section 3.05.07 ^f .hi LDG for parcels containing gopher tortoises, 48 priority shall be given to protecting the largest, most contiguous gopher 49 tortoise habitat with the greatest number of active burrows, and for 50 providing a connection to off -site adjacent gopher tortoises' preserves. 51 All ^ . heF t^rtO. pr^ .,hall be platted with piceteGtive t 100 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text strkethfaugh is GUFFPFIt text to hp dpleted Bold text indicates a defined term 1 2 pFejeGt is not platted, shall PFGvide suGh language on the approved site 3 development plan-. It shall be a priority to preserve scrub habitat, when it 4 exists on -site, for its rare unique qualities and for being one of the most 5 endangered habitats in the County, regardless of whether gopher 6 tortoises are relocated off -site. 7 8 842. AI�6opher tortoises shall be remeved captured and relocated from 9 within the development footprint 10 prior to any site improvement, in 11 accordance with FFWCC guidelines and the protection /management plan 12 approved by County Manager or designee. High densities of hatchlings 13 and juvenile tortoises are often found in dense thickets of low growing 14 vegetation in habitat where existing gopher tortoises and their burrows 15 are located In areas where relocation of gopher tortoises is required, the 16 location of these thickets shall be identified in the protection /management 17 plan and any gopher tortoises within these areas shall also be relocated. 18 19 13. Exemptiens. Single family platted lots seven and One half aGFeS OF less 20 size, shall be exempt from the FequireirneRtG set feFth b6e..t'GRS -5 21 thFeugh 11 above, when these lots aFe Ret a paFt of a pFeviey-s 22 23 thFough 11. HowevelF, gopher teFteises shall be PFOteeted PUFSYaRt tG 1. 24 3. above. 25 26 B. Sea Turtle Protection. 27 28 1. The purpose of this section is to protect the threatened and endangered 29 sea turtles that nest along the beaches of the County, by safeguarding 30 sea turtle hatchlings from sources of artificial light, and adult and 31 hatchling sea turtles from injury or harassment. The County shall adhere 32 to state and federal guidelines for the protection of sea turtles. 33 34 2. The requirements of this section apply when development or lighting 35 associated with development is located within three hundred (300) feet 36 of coastal mean high water; when parking lots, dune walkovers, or other 37 outdoor lighting is proposed; and when reflective surfaces that will be 38 illuminated by outdoor lighting will be visible from the beach. 39 40 a. Outdoor lighting shall be held to the minimum necessary for 41 security and safety. Floodlights and landscape or accent lighting 42 shall be prohibited. 43 44 b. All lighting, including wall- mounted fixtures, pole lighting, lights on 45 balconies, and any other type of lighting not specifically 46 referenced by this section, shall be of low intensity, and shall be 47 fitted with hoods or positioned so that the light sources, or any 48 reflective surfaces illuminated by such sources, shall not be visible 49 from the beach. 50 31 C. Low profile luminaries shall be used in parking lots, and such 101 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text- sttik^thRAKjh4s r ent4ex to be a^" Bold text indicates a defined term lighting shall be fitted with hoods or positioned so that the light sources, or any reflective surfaces illuminated by such sources, shall not be visible from the beach. d. Dune crosswalks shall utilize low profile shielded luminaries directed and positioned so that light sources, or any reflective surfaces illuminated by such sources shall not be visible from the beach. dDune crossover lighting shall be limited to the area landward of the primary dune. e. If high intensity lighting is necessary, low pressure sodium vapor luminaries shall be used and fitted with a hood or positioned so that the light sources, or any reflective surfaces illuminated by such sources, shall not be visible from the beach. f. Plates of tinted glass are required for windows that are visible from the beach. The tinted glass shall be any window or glazing that has an industry- approved light transmittance value of ferty- #ve445j percent or less. Such transmittance shall be limited to the visible spectrum (400 to 700 nanometers), and shall be measured as the percentage of light that is transmitted through the glass, inside to outside. g. Temporary security lights at construction sites shall not be mounted more than #fteen (15) feet above the ground. Light sources, or any reflective surfaces illuminated by such sources, shall not be visible from the beach. 3. For existing development, existing structures with any light sources, or reflective surfaces illuminated by such sources, that are visible from the beach, shall be in compliance with the following: a. All lights shall be turned off after 9:00 p.m. between May 1 and October 31 of each year, or fitted with a hood or positioned so that the light sources, or any reflective surfaces illuminated by such sources, shall not be visible from the beach. b. Lights illuminating dune crosswalks shall be turned off after 9:00 p.m. between May 1 and October 31 of each year, and must be modified to conform to the requirements for new development in accordance with section 3.04.03(B) of this section. C. Security and emergency exit lighting shall follow the same requirements stated in section 3.04.03(C)(1) of this section. If high intensity lighting is necessary, low pressure sodium vapor luminaries shall be used and fitted with a hood, or positioned so that the light sources, or any reflective surfaces illuminated by such sources, shall not be visible from the beach. d. At least one (1) of the following measures shall be taken, where applicable, to reduce or eliminate the negative effects of interior 102 I: \09 Amend the LD02009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).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 ;0 J1 Text underlined is new text to be added. Bold text indicates a defined term light emanating from doors or windows within the line of sight of the beach, where lights currently illuminate the beach: In windows facing the Gulf of Mexico, and all inlet shorelines of these beaches, tinted window treatments are required for windows that are visible from the beach so that indoor lights do not illuminate the beach. The tinted glass shall be any window or glazing that has an industry- approved light transmittance value of forty -five (45) percent or less. Such transmittance shall be limited to the visible spectrum (400 to 700 nanometers), and shall be measured as the percentage of light that is transmitted through the glass, inside to outside. ii. Rearrange lamps and other movable fixtures away from windows. iii. Use window treatments, including, but not limited to, blinds and curtains, to shield interior lights from the beach. iv. Turn off unnecessary lights. 4. All publicly owned lighting with light sources that are visible from the beach, or that illuminate reflective surfaces that are visible from the beach, shall be turned off after 9:00 p.m. between May 1 and October 31 of each year, or shall be fitted with a hood, or positioned so that the light sources, or any reflective surfaces illuminated by such sources, are not visible from the beach. 5. It shall be unlawful, during the nesting season, to construct any structure, add any fill, mechanically clean any beach, or grade any dirt within 100 feet of the nesting zone of a beach where sea turtles nest or may nest, without obtaining a construction in sea turtle nesting area permit from the County Manager or designee. a. If sea turtle nesting occurs within 100 yards of the construction, measured parallel to the shoreline during permitted construction activities, the nest area shall be flagged by the permittee and the County Manager or designee informed prior to 9:00 a.m. of that morning. b. Depending on nest location, in relation to intensive construction activities, the County Manager or designee may require that the nest(s) be relocated by the applicant. C. Construction activities shall not interfere with sea turtle nesting, shall preserve or replace any native vegetation on the site, must maintain the natural existing beach profile, and minimize interference with the natural beach dynamics and function. d. Construction or repair of any structure, including, but not limited 103 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Tex. �:^ .,., deleted: Bold text indicates a defined term to, dune walkovers, seawalls, or other revetments, sandbags, groins, or jetties, shall not be permitted during sea turtle nesting season on any County beaches, except if permitted structures are damaged by a named storm or other declared natural disaster and the following conditions are met: 4� Minor Repair Work. Minor repair work (boards need to be nailed back to the existing intact structure, or a few less than 10 percent of the boards need to be replaced) that can be performed completely from atop the structure is authorized after obtaining the necessary approval of the FDEP and notifying ^^ "'"r GeuRty E,,.,,,,, n ent the County Manager or designee of that work. Work must be completed within 12 months of the named storm or declared natural disaster. ii2. Maior Repair Work. Prior to any repair work (greater than that described in i T above) or reconstruction of any part of the structure, the following information shall be provided so that staff can determine if the major repair or reconstruction can occur prior to the end of sea turtle nesting season: a)- The appropriate permit or authorization from FDEP, if required. b)- The location of all known sea turtle nests Sery Ges (GOES) °toy The County Manager or designee will provide assistance in locating nests. Construction activities shall not occur within 10 feet of these boundaries fer of viable nests. cl- A survey by a qualified Gonsulta FFWCC Permitted Authorized Gopher Tortoise Relocation Agent locating any gopher tortoise burrows on site within 50 feet of thew e proposed construction. Relocation of gopher tortoises will be required when the burrows are in harms way of the construction activity. dZ- Photographs of the site as it existed after the storm to document the conditions of the property. e1- An aerial of the property showing the CCSL line. Q -. A copy of a CCSL variance or CCSL permit, if required, and building permit approving the original construction of the structure. g13-. Sea turtle nest locations will be reestablished using 104 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 1 their previously recorded GPS locations and 2 accuracy data to identify a 95% confidence 3 boundary. Construction activities shall not occur 4 within 10 feet of these boundaries for viable nests. 5 Nests will be considered viable for 80 days from 6 the time the nest was recorded unless it can be 7 proven that a particular nest has been damaged by 8 the storm and there is no chance of any hatchlings. 9 10 e -4-. Minor structures, as defined by Florida Statutes Subsection 11 161.055, of the Coastal Zone Protection Act of 1985, shall be 12 approved provided that they also comply with: 13 14 ia. Federal requirements for elevations above the 100 -year 15 flood level, 16 17 iib. Collier County Building Code requirements for flood 18 proofing, 19 20 Hie. Current building and life safety codes, 21 22 i_vd. Collier County and State of Florida Department of 23 Environmental Protection CCSUCCCL regulations, 24 25 ye. Applicable disability access regulations of the American 26 Disability Act (ADA), and 27 28 v_i €. Any required Collier County zoning and other development 29 regulations with the exception of existing density or 30 intensity requirements established, unless compliance with 31 such zoning or other development regulations would 32 preclude reconstruction otherwise intended by the Build 33 back Policy as determined by the Emergency Review 34 Board established herein. 35 36 6. The following shall be obligations for all property owners who have had 37 sand washed ashore (as a result of a storm) and deposited on the dune 38 and seaward of the CCSL. As supported by GMP Conservation and 39 Coastal Management Element Objective 10.4 and Policy 10.4.8, 40 construction seaward of the CCSL shall not interfere with sea turtle 41 nesting, will minimize interference with natural beach dynamics, and 42 where appropriate will restore the historical dunes and will vegetate with 43 native vegetation and help in the restoration of natural functions of 44 coastal barriers and beaches and dunes. 45 The property owner may be prohibited from removing the deposited sand 46 when it is determined that the wash over was a part of the natural 47 rebuilding of the beach and dune system. Only native salt tolerant beach 48 or dune vegetation may be planted on the deposited sand, after obtaining 49 a Collier County CCSL permit. __.5o This shall not apply to sand washed over onto yards that have received 31 the appropriate Collier County approvals for landscaping seaward of the 105 I: \09 Amend the LDC\2009 -Cycle 1\LDC Packet \may 17 BCC Pkt \BCC Pktt (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 1 CCSL (such as single family homes along Vanderbilt Beach). 2 3 7. It shall be unlawful for any person to kill, molest, or cause direct or 4 indirect injury to any species of sea turtle in Collier County or within its 5 jurisdictional waters. It shall be unlawful to collect or possess any part of 6 a sea turtle. 8 C. Florida Scrub Jay. (Aphelocoma 9 coerulescens) . 10 n Florida Game d r h Water Fish Commission, 1991. The required 11 management plan shall alse provide for a maintenance program and specify an 12 appropriate fire or mechanical protocols to maintain the natural scrub 13 community. The plan shall also outline a public awareness program to educate 14 residents about the on -site preserve and the need to maintain the scrub 15 vegetation. These re;,UiFemeRtc shall be + the I IFWS S tti P id v.fith 16 Multi Species ReGoye Ra May 19W 17 18 D. Bald Eagle. For the bald eagle (Haliaeetus leucocephalus), the required habitat 19 management plans shall establish protective zones around the eagle nest 20 restricting certain activities. The plans shall also address restricting certain types 21 of activities during the nesting season. These regUiFernentc shall be consist 22 with the UFWS South FIGFida Multi Speisie6 ReGoveFy Plan, May 1999. 23 24 E. Red 13013kaded weedpecke Red - Cockaded Woodpecker. For the red - cockaded 25 woodpecker (Picoides borealis), the required habitat protection plan shall outline 26 measures to avoid adverse impacts to active clusters and to minimize impacts 27 to foraging habitat. Where adverse effects can not be avoided, measures shall 28 be taken to minimize on -site disturbance and compensate or mitigate for impacts 29 that remain. Thee eq.. shall be the UPWS South ., ,,ments GORGistpint i.vith 30 Florida Multi SpeGies ReGevery Plan, May 1999. 31 32 F. Florida blaisk bear Florida Black Bear. In areas where the Florida black bear 33 (Ursus americanus floridanus) may be present, the management plans shall 34 require that garbage be placed in bear- resistantpreef containers, at one or more 35 central locations. The management plan shall also identify methods to inform 36 local residents of the concerns related to interaction between black bears and 37 humans. Mitigation for impacting habitat suitable for black bear shall be 38 considered in the management plan. 39 40 G. Panther. For projects located in o:..:ty 1 and RFOGFty 11 o. tti Habitat areas 41 Primary and Secondary zones, the management plan shall discourage the 42 destruction of undisturbed, native habitats that are preferred by the Florida 43 panther (Fells concolor coryt) by directing intensive land uses to currently 44 disturbed areas. Preferred habitats include pine flatwoods and hardwood 45 hammocks. In turn, these areas shall be buffered from the most intense land 46 uses of the project by using low intensity land uses (e.g., parks, passive 47 recreational areas, golf courses). Golf courses within the RFMU district shall be 48 designed and managed using standards found in that district. The management 49 plans shall identify appropriate lighting controls for these permitted uses and 50 shall address the opportunity to utilize prescribed burning to maintain fire - 51 adapted preserved vegetative communities and provide browse for white - tailed iIL I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text stF;kethFGUgh 5 GUrrent text to be deleted. Bold text indicates a defined term 1 deer. These Fequ'FeFnents shall be Gensistent with the IJFWS South Florida 2 3 se6tien- 4 5 H. West Indian Manatee. The management and protection plans requirements 6 based upon the Manatee Protection Plan for the West Indian Manatee manatee 7 (Trichechus manatus) are set forth in section 5.05.02. 9 (Ord. No. 05 -27, § 3.J) 10 11 3.04.03 Requirements for Protected Plants 12 13 When habitat containing the following listed plants is proposed to be impacted plants listed as 14 Rare and Less Rare (below) shall be relocated to on -site preserves if the on -site preserves are 15 able to support the species of plants. Relocation of epiphytic species of plants listed as Rare 16 and Less Rare (below) shall only be required for plants located within eight feet of the ground 17 Plants listed as Less Rare shall be relocated to the on -site preserves only if the preserves do 18 not already contain these species When available only two plants per species per acre of 19 plants listed as Less Rare are required to be relocated up to a maximum of ten plants per 20 species per preserve When available seed from Tillandsia may be transferred to trees in lieu 21 of relocation of plants Other than for Tillandsia the species of plants listed below may be 22 planted within preserves from nursery grown stock in lieu of relocation. Sites infested with 23 exotic species of Metamasius weevil which feed on Tillandsia, shall not be allowed to relocate 24 Tillandsia species Plants listed in this section shall not require the land in which they are 25 located to be placed in a preserve. ?6 27 Rare Plants: 28 29 Cowhorn orchid Cyrtopodiumpunctatum 30 Curtiss's milkweed Ascleoias curtissii 31 Florida clamshell orchid Encyclia cochleata 32 Ghost orchid Polyrrhiza lindenii 33 West coast prickly apple Harnsia gracilis 34 35 Less Rare Plants: 36 37 Butterfly orchid Encyclia tampensis 38 Giant wild -pine Tillandsia utriculata 39 Inflated wild -pine Tillandsia balbisiana 40 Stiff - leaved wild -pine Tillandsia fasciculata 41 Twisted air plant Tillandsia flexuosa 42 43 Where clearing of vegetation is needed for habitats requiring fire or for activities needed to 44 simulate fire epiphytic plants listed above should not be relocated into these habitats. Epiphytic 45 plants may be removed from preserves if located on vegetation required to be removed as part 46 of an approved preserve management plan. 47 48 3.04.-03 3.04.04 Penalties for Violation: Resort to Other Remedies 49 0 Violation of the provisions of this section or failure to comply with any of its requirements �1 shall constitute a misdemeanor. Any person or firm who violates this section or fails to comply 107 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet\may 17 BCC Pkt \BCC Pktl (050510).doc Text underlined is new text to be added Bold text indicates a defined term 1 with any of its requirements shall upon conviction thereof be fined, or imprisoned, or both, as 2 provided by law. Each day such violation continues shall be considered a separate offense. 3 Each taking of a gopher tortoise shall constitute a separate violation. It is not the intent to 4 include tortoises that may be accidentally injured or killed during an approved relocation 5 procedure that is done by a qualified Gensultant FFWCC permitted Authorized Gopher Tortoise 6 Relocation Agent, in accordance with their protection /management plan. Any other person, who 7 commits, participates in, assists in, or maintains such violation may each be found guilty of a S separate offense and suffer the penalties herein provided. The county, in addition to the 9 criminal sanctions contained herein, may take any other appropriate legal action, including but 10 not limited to injunctive action, to enforce the provisions of this section. 11 108 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktt (050510).doc Text underlined is new text to be added. a 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: LDC1:35 16 LDC3:28.1 — LDC3:28.2 17 18 LDC SECTION(S): 1.08.02 Definitions 19 3.05.07 Preservation Standards 20 21 CHANGE: Revise the definition of "native vegetation" for purposes of retention of native 22 vegetation. 23 24 Clarify how the "native vegetation definition" is applied to partially cleared sites with native 25 trees, and where the understory has been converted to lawn or pasture. 26 27 Clarify single - family preserve setback requirements. 28 29 Revisions to address concerns of stakeholders 30 31 Add exceptions to the native vegetation retention standards for clearing associated with public 32 roadways, existing access and utility easements, and previously cleared areas for support of 33 public infrastructure. Exceptions also included for landscaping and for initial re -growth of native 34 vegetation in fallow agricultural areas. 35 36 REASON: The change in the definition of "native vegetation" for native vegetation retention 37 requirements is required as part of the EAR -based GMP amendment to CCME Policy 6.1.1 (1). 38 Policy 6. 1.1 (1) states the following (underlined/strike through version provided): 39 40 "For the purpose of this policy, "native vegetation" is defined as a vegetative community having 41 7-5-25% or less more canopy coverage or highest existing vegetative strata of 42 invasive exeti native plant species. The vegetation retention requirements specified in this 43 policy are calculated based on the amount of "native vegetation" that conforms to this 44 definition." - - -45 109 L%09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doe Text underlined is new text to be added. Text peed Bold text indicates a defined term 1 Currently the LDC and GMP contain no criteria on how the native vegetation definition is 2 applied to partially cleared sites with native trees and where the understory has been converted to 3 lawn or pasture, thereby requiring staff to apply the definition on a project by project basis based 4 on canopy coverage or vegetation count. Identifying these areas as native vegetation requires all 5 missing strata be replanted, if the areas are used to satisfy the native vegetation retention 6 requirement of the GMP and LDC. Some stakeholders argue that this penalizes property owners 7 who have left trees in place for shade or other reasons. Clarifying how this type vegetation will 8 be retained will help both staff and applicants during the permitting process. 9 10 In order to address these concerns, stakeholders have proposed requiring native trees to be 11 retained in instances where the understory has been cleared and converted to lawn or pasture. The 12 benefit of retaining these native trees would be retained without applying the more strict 13 requirements for preserves. To address the concerns of the stakeholders, staff has included two 14 categories in the amendment for identifying native vegetation; native vegetative communities and 15 native trees. Identifying native vegetation into these two type categories is also how Lee County 16 addresses this requirement. 17 18 In recognition that native vegetative communities do contain naturally occurring open areas with 19 little or no vegetation and that some species of wildlife use these areas, fire and fuel breaks 20 within preserves have been identified as counting towards the minimum native vegetation 21 retention requirement for the County, provided that these areas are kept to the minimum 22 necessary in accordance with standard forestry practice. This has been added in the amendment 23 to address the concerns of stakeholders for managing fire within preserves located adjacent to 24 homes and other structures. The LDC currently required 80 percent vegetative coverage for 25 created preserves and supplemental plantings within preserves, within a 2 year period following 26 initial planting and to be maintained in perpetuity. 27 28 Change made to clarify single - family preserve setback requirements. Unless otherwise required 29 in the RFMU District, single - family residences are exempt from the native vegetation retention 30 requirements and from having on site preserves, but not from preserve setback requirements. 31 32 Exceptions have been added to the native vegetation retention standards, for clearing associated 33 with public roadways, existing access and utility easements, previously cleared areas for support 34 of public infrastructure, and vegetation used for landscaping. This is in keeping with the intent of 35 CCME Policy 6.1.1 (11). Policy 6. 1.1 (11) states the following: 36 37 Right of Way acquisitions by any governmental entity for all purposes necessary for roadway 38 construction, including ancillary drainage facilities and including utilities within the right of way 39 acquisition area, shall be exempt from mitigation requirements 40 41 FISCAL & OPERATIONAL IMPACTS: 42 43 How the native vegetation definition is applied will have a direct affect on the amount of native 44 vegetation required to be retained on site and in turn affect on the amount of land which can be 45 developed. On the other hand, retained native vegetation within developments has esthetic value 4 6 and often enhances property values. 110 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).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 18 49 Text underlined is new text to be added. Text 6tF kethrough is ewent text to be deleted. Bold text indicates a defined term Creating a separate category for retention of native trees will enable the County and property owner to retain existing native trees where only native trees occur on a property. This will relieve the property owner of the burden of having to restore the property to its original condition and from the more stringent requirements for preserves (native vegetative communities). RELATED CODES OR REGULATIONS: None affected. GROWTH MANAGEMENT PLAN IMPACT: Changes made to address EAR -based GMP amendments to CCME Policies 6.1.1 (1) and 6.1.1 (11). OTHER NOTESNERSION DATE: Created August 12, 2009. Amended October 12, 2009, October 22, 2009, November 4, 2009, December 3, 2009, April 5, 2010, April 9, 2010 Amend the LDC as follows: 1.08.02 Definitions + + + + + + + + + + + + Vegetation, native: Native vegetation means native southern Floridian species as determined by accepted valid scientific references such as those listed identified in section 4.06.05G. tnrN th GGEIP ; tO, or reqUiFes Fetentien of existing native vegetation, the t8FFn native vegetation is fUFtheF defined as a vegetative GOMIRAWnity having 0 3.05.07 Preservation Standards + + + + + All development not specifically exempted by this ordinance shall incorporate, at a minimum, the preservation standards contained within this section. A. General standards and criteria. The following criteria shall be used to administer the preservation standards in all unincorporated areas of the County. 1. Native vegetative communities. The preservation of native vegetation shall include all naturally occurring strata including canopy, under -story and ground cover emphasizing the largest contiguous area possible, except as otherwise provided in sesiien 3.05.07 H.1.e. The term native vegetation is further defined as a vegetative community having 25 percent or more canopy coverage or highest existing vegetative strata of native plant species In the absence of other native strata, herbaceous vegetation not typically associated with the re- growth of native vegetative communities commonly known as weeds shall not be considered native vegetation for the purpose of preservation. 111 I: \09 Amend the LD02009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktt (050610).doc Text underlined is new text to be added. Text str k thro gh IS GUFF.,. nt text to be delptPO Bold text indicates a defined term 1 2 2 Native trees Where a property has been legally cleared and only native 3 trees remain and the native ground cover replaced with lawn or pasture 4 then only the native trees shall be retained The percent requirement of 5 native trees required to be retained shall be by tree count based on the 6 percent requirement for native vegetation pursuant to 3 05 07 B Only 7 slash pine trees with an 8 inch DBH or greater, hardwood trees with a 18 8 inch DBH or greater, or palms with a minimum of 8 foot of clear trunk 9 shall be used for calculating this requirement. For hardwood trees every 10 6 inches of fraction thereof over 18 inch DBH shall count as an additional 11 tree (18 inch DBH = 1 tree. 24 inch DBH = 2 trees 26 inch DBH = 3 12 trees. etc.). Slash Dine trees and cabbage palms shall only be retained on 13 portions of the property with a density of 8 or more trees per acre Trees 14 which are unhealthy or dying, as determined by a certified arborist or anv 15 individual meeting the qualifications in 3 05 07 H 1 q iii shall not be 16 retained or used for calculation Native slash pine trees shall be retained 17 in clusters, if the trees occur in clusters with no encroachment (soil 18 disturbance) within the drip line or within 30 feet of the trunk whichever is 19 greater, of any slash pine or hardwood tree. Encroachment may occur 20 within these distances where evaluation by a certified arborist determines 21 that it will not affect the health of the trees. Trees which die shall be 22 replaced with 10 foot high native canopy trees on a one for one basis 23 Native trees with a DBH of two feet or more shall be replaced with three 24 10 -foot high native canopy trees Areas of retained trees shall not be 25 subject to the requirements of 3.05.07 H. 26 27 Where trees cannot be retained the percent requirement of trees shall 28 be made up elsewhere on -site with trees planted in clusters utilizing 10 29 foot high native canopy trees planted on a one for one basis Where 30 native trees with a DBH of two feet or more cannot be retained a 31 minimum of three 10 -foot high native canopy trees shall be planted per 32 tree removed of this size Trees planted to satisfy this requirement shall 33 be planted in open space areas equivalent in size to the area of canopy 34 of the trees removed. This planted open space shall be in addition to the 35 area used to satisfy the minimum landscape requirements pursuant to 36 4.06.00. In lieu of using actual canopy coverage the following average 37 diameter for tree canopies may be used to calculate canopy coverage of 38 existing trees; slash pine 40 feet cypress 25 feet live oak 60 feet and 39 cabbage palm 10 feet Open space areas not normally planted with trees 40 such as stormwater retention areas or lake banks not planted to meet the 41 LSPA requirement, may be used to satisfy this requirement Trees 42 planted to satisfy this requirement shall be set back a minimum of 30 feet 43 from principal structures and impervious parking areas 44 45 23. Areas that fulfill the native vegetation retention standards and criteria for 46 native vegetative communities of this Section shall be set aside as 47 preserve areas, subject to the requirements of sestien 3.05.07 H. Single 48 family . sidenees are eXeFnpt fFGFR the t of seGtiOR o 05 07 H. 49 50 34. Native vegetation to be retained as preserve areas shall be selected in 51 such manner as to preserve the following, in descending order of priority, i1v I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet\may 17 BCC Pkt \BCC Pkti (050510).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 skikethrough is euFFent text to be deleted Bold text indicates a defined term except to the extent that preservation is made mandatory in setee 3.05.07 F.3- and 3.05.07 G.3.c : a. Wetland or upland areas known to be utilized by listed species or that serve as corridors for the movement of wildlife; b. Xeric Scrub, Dune and Strand, Hardwood Hammocks; C. Onsite wetlands having an accepted functionality WRAP score of at least 0.65 or a Uniform Wetland Mitigation Assessment Score of at least 0.7; d. Any upland habitat that serves as a buffer to a wetland area as defined in section 3.05.07 A.3.c above; e. Dry Prairie, Pine Flatwoods; and f. All other native habitats. 45. Preservation areas shall be interconnected within the site and to adjoining off -site preservation areas orwildlife corridors. 6 Where vegetation has been illegally cleared the amount of native vegetation used to calculate the preservation requirement will be that amount present at the time prior to the illegal clearing Criteria to determine the process and criteria for the clearing are found in Sections 10.02.06 and 3.05.05. a Re- creation of native vegetation shall not be required when any one of the following criteria is met: i The parcel was issued a County permit to clear vegetation and remains cleared of native vegetation. ii. The parcel was issued a County permit to clear vegetation previously identified in the GMP is achieved) and which remains cleared of native vegetation. If no clearing permit can be found, demonstrations of continuous bona fide agricultural operation along with issuance of an after - the -fact agricultural clearing permit from the County will be evidence of legal clearing. Demonstrations of continuous bona fide agricultural activities may include, but are not limited to, agricultural 113 I A09 Amend the LDC \2009 -Cycle 1\LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added, (1Methrough_Is GUFF nt J^`�JTCTCZC- m- avwcvPIPteQbe J.. Peed Bold text indicates a defined term 1 classification records from the property appraiser's office: 2 dated aerial photographs; occupational license for 3 agricultural operation SFWMD consumptive use permits 4 for the ongoing agricultural use or other information such 5 as sworn testimony from previous owners which 6 establishes the commencement date and the location of 7 the agricultural operation The rezone limitation pursuant 8 to 10.02.06 shall apply. 9 10 7. Unless otherwise required in the RFMU District single - family residences 11 shall be exempt from the native vegetation retention requirements and 12 from having on site preserves. Setbacks to preserves shall be in 13 accordance with 3.05.07 H. 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 8. Development standards pursuant to section 4 02 14 shall apply to all development including single - family, within the ACSC 9. Created preserves are allowed subiect to the criteria in 3.05.07 H 10 Fire and fuel breaks within preserves kept to the minimum necessary in accordance with standard forestry practice shall count toward the minimum native vegetation retention requirement Specific standards applicable outside the RFMU and RLSA districts. de t RFA.41_1 ;;,,n.(l R.' S.A. DiStFiGtS, native vegetation shall be preseFVed OR Sate thFOUgh standAFt1c; FPfPFPRF;Pd in the Pitum and Use Element shall apply. This SeGtiE)R shall not apply to singlefamily dwelling units situated en individual lots a Outside the RFMU and RLSA Districts, native vegetation shall be preserved on site except for single family residences through the application of the following preservation and vegetation retention standards and criteria The single family exception is not to be used as an exception from any calculations regarding total preserve area for a development containing single family lots. Required preservation. Development Type Coastal High Hazard Area Non - Coastal High Hazard Area Less than 10% Less than 5 10% 2.5 acres acres Equal to or Equal to or Residential and Mixed Use development greater 25% greater than 5 15% than 2.5 acres and less than 20 acres acres 114 1109 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. , Bold text indicatesa defined term 1 Equal to or 25% 3 shall be granted in the following circumstances: greater than 5 a. 20 acres 6 January 1989 and remains cleared of native vegetation; 35% 35% Golf Course b. where the parcel cannot reasonably accommodate both the 9 application of the native vegetation retention standards and the Less than 5 10% Less than 5 10% Commercial and acres 12 acres Industrial development c Right -of -way acquisitions by any governmental entity for all 14 and all other non- Equal to or Equal to or specified development greater o 15% greater than 5 15% types than 5 Existing utility easements and easements for ingress or egress acres required for neighboring properties. acres 21 Industrial development 50 %, not to 50 %, not to exceed (Rural - Industrial District exceed 25% of the 25% of the project only) project site site. 1 2 2. Exceptions. An exception from the vegetation retention standards above 3 shall be granted in the following circumstances: 4 5 a. where the parcel was legally cleared of native vegetation prior to 6 January 1989 and remains cleared of native vegetation; 7 8 b. where the parcel cannot reasonably accommodate both the 9 application of the native vegetation retention standards and the to proposed uses allowed under this Code, subject to the criteria set 11 forth in section 3.05.07(H)(1)(e). 12 13 c Right -of -way acquisitions by any governmental entity for all 14 purposes necessary for roadway construction including ancillary 15 drainage facilities and including utilities within the right -of -way 16 acquisition area. 17 18 d Existing utility easements and easements for ingress or egress 19 required for neighboring properties. 20 21 e Previously cleared parcels for support of public infrastructure, and 22 which remain cleared of native vegetation. 23 24 f Trees and other vegetation planted for landscaping and which 25 have not been used to satisfy the native vegetation preservation 26 requirement. 27 28 q Previously cleared fallow farm fields and pastures, with no canopy 29 trees (other than slash pine trees with less than an 8 inch DBH or 30 palms with less than 8 foot of clear trunk) and less than 75 31 percent aerial coverage of native vegetation Marshes and similar 32 type environments (640 FLUCFCS Codes) shall not be included in 33 this exception. 34 + + + + + + + + + + + 35 115 L \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text sthkethraug#-iscurrent text te be deleted. Bold text indicates a defined term 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 This page intentionally left blank. 19 116 1' \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktt (050510).doc Text underlined is new text to be added. Text StFikethrough 16 GUFFent text to be deleted. Bold text indicates a defined tens 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: Engineering and Environmental Services Department 11 12 AMENDMENT CYCLE: 2009 Cycle 13 14 LDC PAGE: LDC3:35 — LDC3:36 15 16 LDC SECTION(S): 3.05.07 Preservation Standards 17 18 CHANGE: Include language to encourage the largest contiguous area possible when 19 establishing preserves. 20 21 REASON: Implement the requirements of GMP Conservation and Coastal Management 22 Element (CCME) Policy 6.1.1 (2). CCME Policy 6.1.1 (2) states the following (underlined/strike _23 through version provided to identify changes adopted with the EAR -based GMP amendments): !4 25 "The preservation of native vegetation shall include canopy, under -story and ground cover 26 emphasizing the largest contiguous area possible which may include connection to offsite 27 preserves. The purpose for identifying the largest contiguous area is to provide for a core area 28 that has the erg<atest potential for wildlife habitat by reducing the interface between the preserve 29 area and development which decreases the conflicts from other land uses. Criteria for 30 determining the dimensional standards of the preserve are to be set out in the Land Development 31 Code." 32 33 The proposed language to discourage "thin linear and perimeter "picture frame- shaped" 34 preserves" has been proposed by one of the stakeholders. During the 2008 LDC amendment 35 cycle, staff proposed establishing a minimum length to width ration for preserves, which the 36 CCPC determined as not meeting the intent of the GMP. 37 38 FISCAL & OPERATIONAL IMPACTS: Selection of preserves is a part of the planning 39 process for development and their location will have an effect on the design of a project. During 40 planning of a site, project planners first identify the natural features and constraints for a site and 41 work with these in designing the project. Natural amenities of a site are often selling points 42 which enhance the overall appearance of a project and property values within the development 43 and surrounding community. This is particularly evident for larger scale projects with well 44 managed preserves of significant size. °45 117 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text -st: i(ethF, ..h is ,...,.cn: text to Bold text indicates a defined term 1 Smaller projects and those which are more intensely developed are affected more by site 2 constraints. Smaller projects often propose establishing preserves around the perimeter of a 3 project to double as a landscape buffer, in order to maximize development of a site. Although 4 these buffer - shaped preserves look nice, at least initially, they tend to lose species composition 5 over time mainly due to incompatible land uses on the adjoining property. In time, less tolerant 6 species of plants die and are replaced with more tolerant species, such as those used for 7 landscaping, and the preserve looks and functions more like a planted landscape buffer rather 8 than a native vegetative community. These linear buffer- shaped preserves are also not consistent 9 with the intent of CCME Policy 6.1.1 (2), to reduce of the interface between the preserve and 10 other land uses. 11 12 In recognition that smaller projects and those with more intense land uses have more site 13 constraints, off -site preserve criteria have been identified and included in this LDC amendment 14 cycle. The off -site preserve LDC amendment will allow property owners to request that all or a 15 portion of the native vegetation retention requirement be allowed offsite in lieu of preserving 16 native vegetation on -site, under certain criteria. Additional upfront costs will be incurred upon 17 the applicant to exercise the off -site alternatives, but those that do will be able to develop more of 18 their property, and no maintenance of on -site preserves would be required. 19 20 RELATED CODES OR REGULATIONS: None. 21 22 GROWTH MANAGEMENT PLAN IMPACT: Required as part of the EAR -based GMP 23 amendment to CCME Policy 6.1.1 (2). 24 25 OTHER NOTESNERSION DATE: Created August 24, 2009. Amended October 8, 2009 26 27 28 Amend the LDC as follows: 29 30 31 3.05.07 Preservation Standards 32 33 H. Preserve standards. 34 35 1. Design standards. 36 37 a. Identification. Native vegetation that is required to be preserved 38 or mitigated pursuant to 3.05.07 A. through F. shall be set -aside in 39 a Preserve and shall be identified in the following manner: 40 41 i. The Preserve shall be labeled as "Preserve" on all site 42 plans. 43 44 J. The Preserve shall be identified at the time of the first 45 development order submittal. If the development is a 46 PUD, the Preserve shall be identified on the PUD Master 47 Plan, if possible. If this is not possible, a minimum of 75% 48 of the preserves shall be set -aside on the PUD Master 118 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc 119 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. ..A he A.a pled_ Text str kethro is GUFFPRt tOXt to Bold text indicates a defined term 1 Plan with the remaining 25% identified at the time of the 2 next development order submittal. 3 4 iii. The Preserve shall be identified at the time of the first 5 development order submittal. 6 7 b. Minimum dimensions. The minimum v0idth of the F^^^^ .- shall 8 b4---. Thin linear and perimeter "picture frame - shaped" preserves 9 are discouraged unless such preserve shapes are dictated by 10 environmental or environmental regulatory considerations. 11 Connections to other preserves conservation areas natural 12 flowways natural water bodies water management lakes. 13 estuaries government owned or targeted lands for preservation 14 purposes or existing listed wildlife habitat when present are 15 encouraged to establish the largest contiguous natural area 16 possible. 17 18 The following minimum widths shall apply. 19 20 i. twenty feet, for property less than ten acres. 21 22 ii. an average of thirty feet in width but not less than twenty 23 feet in width, for property equal to ten acres and less than 24 twenty acres. 25 -26 iii. an average of fifty feet in width but not less than twenty 27 feet for property of twenty acres and greater. 2s 29 iv. If the existing native vegetation does not meet the 30 minimum dimensions specified above and is required to be 31 preserved pursuant to the preserve selection criteria in 32 section 3.05.07, then the existing native vegetation may be 33 used to satisfy the preservation requirement. 34 35 + + + + + + + + + + + 36 119 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text stFilaithrough s Guffent text to be deleted. Bold text indicates a defined term 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 This page intentionally left blank. 18 120 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text sti Lethro gh is n ivant text In he deleted 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: 2008 Cycle 1 14 15 LDC PAGE: LDC3:36 16 17 LDC SECTION(S): 3.05.07 Preservation Standards 18 19 CHANGE: Changes made to improve the language in the LDC with regard to the requirement 20 for conservation easements. 21 22 REASON: To evaluate the pros and cons of the different types of conservation mechanisms 23 available in order to fulfill the requirements the EAR -based GMP amendments. Policy 6.1.1 (3) 24 states the following (underlined/strike through version provided to identify changes adopted with 25 the EAR -based GMP amendments): 26 27 "Areas that fulfill the native vegetation retention standards and criteria of this policy shall be set 28 aside as preserve areas. A,1"Qn -site or and off -site preserve areas shall be identified as separate 29 ts and protected by a permanent conservation easement mechanism to prohibit further 30 development, consistent with the requirements of this policy. The type of permanent conservation 31 mechanism including conservation easements, required for a specific development may vary 32 based on preserve area size type of development approval and other factors as set forth in the 33 County's land development regulations." 34 35 To satisfy the requirements of Policy 6.1.1 (3) in an attempt to reduce the time and expense 36 needed to prepare and process conservation easements, staff proposed eliminating the 37 requirement for conservation easements for smaller preserves. During the 2008 public hearings at 38 the Planning Commission (CCPC), the CCPC directed staff to work with the Office of the 39 County Attorney to explore other types of legal instruments in lieu of conservation easements. 40 The Planning Commission expressed their desire to have all preserve areas recorded by some 41 type of legal instrument, so they could be accessed through the public records. With the help of 42 the Office of the County Attorney a comparison was made between easements and restrictive 43 covenants (see fiscal impacts below). Per the direction of the CCPC and from the analysis 44 provided by the Office of the County Attorney, staff recommends that conservation easements 45 continue to be required for preserves, except for those in State and Federal parks and preserves 46 with management plans to manage land for conservation purposes in perpetuity. Management 121 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet\rnay 17 BCC Pkt \BCC Pkt1 (050510).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 Text underlined is new text to be added. Text -stri kethMugh is GUFFeAt text to be deleted-. Bold text indicates a defined term plans for State and Federal parks and preserves should demonstrate a long range plan for conservation. Recently a stakeholder asked if Memorandums of Agreement or Understanding should be utilized. Although an Agreement or Declaration of Restrictions could be utilized, less protection would be afforded. With an easement right, the County should be able to go on to the property per the terms of an easement. With a contractual right, you could provide in the agreement that the County can go on the property, but if the property owners denies you access, it would require court action to enforce. Also, since conservation areas have to be free and clear of other easements per the LDC, you still have to go through a similar process to make sure that there are no liens, etc. There may be a greater chance with an Agreement that the owner could place a subsequent inconsistent easement over the conservation area. FISCAL & OPERATIONAL IMPACTS: Partial Comparison of Preserve Mechanisms EASEMENT RESTRICTIVE COVENANTS RIGHTS: -- Interest in real property -- Contract right - -County may go on property - -Terms could provide that and do work if necessary_ County may o on property ENFORCEMENT: _ County may go on property and do work; OR injunctive Injunctive relief through a court relief action CODE Enforcement of code provision (not to enforce —easement Enforcement of code provision ENFORCEMENT: terms) (not to enforce tennis of restrictive covenants DOCUMENTS -- Easement -- Restrictive Covenant NEEDED: —Title Opinion - -Title Opinion -- Subordination and Releases COST: _ To the applicant, the basic cost is similar to that of Restrictive Covenants. The costs will increase as subordinations and releases of liens and/or encumbrances are needed. The cost of staff processing is roughly the same for CDES staff RELATED CODES OR REGULATIONS: Sub - section 10.02.04 B Final Plat Requirements GROWTH MANAGEMENT PLAN IMPACT: Required as part of the EAR -based GMP amendment to CCME Policy 6.1.1 (3). OTHER NOTESNERSION DATE: Created September 4, 2009. Amended November 9, 2009, March 1, 2010 Amend the LDC as follows: 122 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktt (050510).doe 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 30 51 Text underlined is new text to be added. Text strikethn)Ugh is cument text to be deleted. Bold text indicates a defned term 3.05.07 Preservation Standards H. Preserve standards. 1. Design standards. d Preserve mechanisms. All preserve areas shall be designated as preserves on all site plans. On -site Countv required Dreserves shall be dedicated to the County as non - exclusive conservation easements without placing on the County the responsibility for maintenance of the preserve area and the easement conveyance to the County shall include the right of access from existing road right -of -way. The easement shall dedicate the responsibility of maintenance to a propert y owners association or similar entity, and it shall contain allowable uses and limitations to protect the preserve. All preserve areas shall be shown on the preliminary and final plats in accordance with section 10.02.04, with language similar to Section 704.06 FS No individual residential or commercial lot, parcel lines, or other easements including but not limited to, utility or access easements that are not compatible with allowable uses in preserve areas may protect Into a preserve area. State and federal parks and preserves shall not be required to place their preserves in a conservation easement. Any conservation easement or other document restricting uses in a preserve area shall contain the following statement (consistent with CCME GMP Policy 1.1.6): 123 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc IMM, NMI I 0-IM d Preserve mechanisms. All preserve areas shall be designated as preserves on all site plans. On -site Countv required Dreserves shall be dedicated to the County as non - exclusive conservation easements without placing on the County the responsibility for maintenance of the preserve area and the easement conveyance to the County shall include the right of access from existing road right -of -way. The easement shall dedicate the responsibility of maintenance to a propert y owners association or similar entity, and it shall contain allowable uses and limitations to protect the preserve. All preserve areas shall be shown on the preliminary and final plats in accordance with section 10.02.04, with language similar to Section 704.06 FS No individual residential or commercial lot, parcel lines, or other easements including but not limited to, utility or access easements that are not compatible with allowable uses in preserve areas may protect Into a preserve area. State and federal parks and preserves shall not be required to place their preserves in a conservation easement. Any conservation easement or other document restricting uses in a preserve area shall contain the following statement (consistent with CCME GMP Policy 1.1.6): 123 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc TeA Text underlined is new text to be added. Bold text indicates a defined term 1 "Oil extraction and related processing operations are uses 2 which are exempt from the restrictions herein and shall 3 remain allowed uses on the lands described herein." 5 6 124 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet\may 17 BCC Pkt \BCC Pkti (050510).doc Text underlined is new text to be added. Text stF kethro gh is n emit text to be deleted. Bold text indicates a defined term 2 LDC Amendment Request 4 6 ORIGIN: Community Development & Environmental Services Division 8 AUTHOR: Stephen Lenberger, Senior Environmental Specialist 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 24 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 iP41 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text str keth . ,.6 b ,. . ent text to be A,. oted Bold text indicates a defined term 1 criteria to determine when this alternative will be considered. The criteria will be based upon 2 the following provisions: 3 a. The amount, type, rarity and quality of the native vegetation on site; 4 b. The presence of conservation lands adjoining the site; 5 c. The presence of listed species and consideration of Federal and State agency technical 6 assistance; 7 d. The type of land use proposed, such as, but not limited to, affordable housing; 8 e. The size of the preserve required to remain on site is too small to ensure that the 9 preserve can remain functional; and 10 f Right of Way acquisitions for all purposes necessary for roadway construction, 11 including ancillary drainage facilities, and including utilities within the right of way 12 acquisition area. 13 The land development regulations shall include a methodology to establish the monetary value, 14 land donation, or other appropriate method of compensation to ensure that native vegetative 15 communities not preserved on -site will be preserved and aonronriately manaeed off - site." 110 17 FISCAL & OPERATIONAL IMPACTS: Limiting the amount of native vegetation that can be 18 created on a site may affect site planning and consequently may have a financial affect on 19 applicants (both government and private) who want to develop their property. This is particularly 20 true for sites with more site constraints. Off -site alternatives to the on -site native vegetation 21 retention requirement will allow applicants to develop more of their property. Additional costs 22 will be incurred by the applicant to exercise the off -site alternatives, but those that do will be able 23 to develop more of their property. 24 25 The following is an estimate on what it costs to create native vegetation in preserves according to 26 County standards, as provided by a consultant who has done this work before in the county. 27 Actual costs will vary due to market conditions, contract negotiations, etc. 28 29 "Clearing & grubbing of vegetative sites can cost +/- $3,500.00 per acre if you are 30 allowed to burn the debris onsite. The costs will increase to +/- $8,500.00 per acre if you 31 have to haul the debris to an offsite landfill. Clearing & grubbing of fallow farm fields will 32 probably cost +/- $1,200 - $1,500.00 per acre. This cost is assuming that there is 33 minimal debris that can be either be burned or buried, and discing may also be used to 34 replace grubbing. 35 36 Contouring & final grading is hard to give an actual estimate without knowing elevations 37 and actual CY of dirt that will be moved. Another factor that will influence the costs is if 38 fill needs to be imported or exported from the site, and the distance that is traveled to do 39 so. But, to scrape and stockpile the topsoil it will cost +/- $0.25 - $0.50 per SF. In 40 addition, you typically see a cost of $1.50 - $2.50 per CY for spreading and /or pushing 41 fill around a site. Final grading will vary due to extent of contouring required, but that 42 cost is similar to stockpiling the topsoil. 43 Tree installation based on Collier County LDC requirements will run +/- $325.00 per 44 tree. Per acre, you are required to install +/- 48 trees based on 30 foot spacing 45 ($15,600.00 per acre). The unit pricing can be comparable to all the trees I will list. For 46 created wetlands you will typically see bald cypress (dominant species), red maple and 47 dahoon holly's installed. For uplands you commonly see slash pine (dominant species), 48 live oak and red maples. 126 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).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 95 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 17 Text underlined is new text to be added. Text strikethFOugh is GUFf�. Bold text indicates a defined term • 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 ($87,100.00). Typical shrub species for wetlands are wax myrtle, buttonbush and fetterbush. In uplands you can see installation of gallberry, fetterbush, wax myrtle, myrsine and saw palmetto. Please note that the $50.00 per shrub doesn't account for using saw palmetto. Saw palmetto at 7 gallon size will run you +/- $75.00 - $125.00 per unit. They are usually smaller than typical 7 gallon shrubs and it is usually hard to locate large quantities of saw palmetto in that size. • Groundcover installation based on Collier County LDC requirements will run +/- $3.00 per unit. Per acre, you are required to install 4,840 units at 3 foot spacing ($14,520.00). In wetlands you can use swamp fern, cinnamon fern, royal fern, pickerelweed, saw grass or blue flag iris. Upland groundcover can consist of wire grass, fakahatchee grass, cordgrass or even st. john's wort." Note: The number of plantings each for groundcovers, shrubs and trees in the estimate listed above will roughly be reduced by two - thirds since all three strata (groundcovers, shrubs and trees) will be planted, but with different spacing requirements for each strata. In consideration of the above and from input received from environmental consultants in the area, staff is proposing the following changes. Changes proposed have been made to improve the overall success of preserves which are created. Per direction received from the Planning Commission during the 2008 LDC amendment cycle, no changes have been made to the criteria for when created preserves are allowed other than for a single correction and the addition of criteria from input received from stakeholders. In general plant material within preserves are more successful when installed in smaller sizes, provided the plants are large enough initially to become established and be able to compete with vegetation present within the preserve. Slash pines, in particular have a higher success rate when planted in smaller sizes. Availability of larger plant material is another factor, especially for species like saw palmetto, slash pine and mangroves. Although smaller sizes are proposed in some instances, size specifications for created preserves are in keeping with GMP CCME Policy 6.1.1 (7) and with prior direction by the BCC, to use larger plant materials to more quickly re- create the lost vegetation after a site has been cleared. The proposed use of different size canopy trees creates a more natural type environment, as even age stands of trees typically do not occur in nature. Reducing the required size of canopy trees from fourteen feet to ten, eight and six feet should also eliminate the need for staking of planted trees within preserves. Smaller size trees will be less expensive overall for the applicant to purchase and install. Reducing the coverage requirements for canopy and mid -story vegetation for scrub and slash pine dominated environments has been proposed, to mimic natural conditions in these environments. Planting requirements for ground covers have been increased for species which are small in stature or which do not spread by rhizomes or creeping stems, to give the bare soil a faster period of recovery and to suppress the growth and occurrence of weeds. This is particularly important since canopy and mid -story requirements have been lessened to promote more natural conditions and the growth of ground covers. Only those strata naturally found in the plant 127 I:\09 Amend the LDC\2009 -Cycle 11LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text-s:, 0tt.... gh t to be deleted. 6 current Bold text indicatesa defined term 1 community to be created are required to be planted in this amendment. Current Code requires all 2 three strata (trees, shrubs & ground covers) to be planted. 3 4 The amendment also proposes to require the use of naturally occurring soils within preserves. 5 Restoration projects often fail or respond poorly on fill dirt which has been excavated due to the 6 composition of subsurface fill material. The composition of the sand, PH and presence of organic 7 material all make naturally occurring soils better suited for establishment of a native plant 8 community. If not already present within the preserve, additional cost will be incurred upon the 9 developer to stockpile or purchase compatible soil for use in the preserve. Savings will be gained 10 in the long run on the part of the applicant or homeowners' association in not having to replace 11 plant material and possibly excavated fill dirt, within preserves which have failed. 12 13 A method of providing water within created preserves until the plants are established has been 14 included in the amendment. Methods of watering are left up to the applicant and would only be 15 required in uplands or wetlands with extended dry periods and only until the plantings are 16 established. Additional cost will be incurred on the part of the applicant to insure planted 17 material is adequately watered. The cost of replacing plants that do not survive due to lack of 18 water could also potentially occur. 19 20 Changes have also been recommended with regards to size plant material for supplemental 21 planting within preserves. Since smaller size plant material is generally more successful for 22 restoration projects, staff recommends that the size plantings permitted by the South Florida 23 Water Management District ( SFWMD) and U.S. Army Corps of Engineers (ACOE) be accepted 24 to fulfill the supplemental planting requirements within County required preserves. Current Code 25 required plants larger than that allowed by state and federal permitting agencies. Where County 26 required preserves do not fall within the jurisdiction of the SFWMD or USACOE, or where 27 uplands are not required by these agencies to be planted, criteria have been left in the Code to 28 address these circumstances. Plant sizes proposed are comparable to those generally permitted by 29 the State and Federal permitting agencies. Accepting State and Federal supplemental planting 30 requirements for County required preserves will save time on the part of staff in reviewing 31 projects, since the planting criteria will be the same. There will also be savings on the part of the 32 applicant in not having to install larger plant material. 33 34 Success criteria have been added to help insure that the preserves which are created or restored 35 are successful. Success must be demonstrated at five years from planting and the criteria for 36 determining success must be included in the monitoring report due at that time. 37 38 Off -site alternatives to the native vegetation retention requirement have been added to allow for 39 the purchase or donation of land off -site in lieu of preservation of native vegetation on -site. The 40 criteria for determining when this alternative is allowed, is based on the provisions identified in 41 CCME Policy 6. 1.1 (10). Generally speaking, preserves which are smaller in size or those located 42 adjacent to more intense land uses, tend to become less viable over time due to fragmentation of 43 the habitat, uses on adjoining properties, and sensitivity of different types of native vegetation to 44 changes in the environment. Although some species of vegetation can survive indefinitely, 45 preserves impacted as such tend to look and function more like landscaping rather than a 46 preserves over time. Often plants, such as slash pine, die after a few years, depending on the type 128 I: \09 Amend the LDC12009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 __23 ?4 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. Te A StIF kethFOUgh '6 ent text to be deleted. Bold text indicates a defined term 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. h1 accordance with CCME Policy 6.1.1 (10), the type uses for the property and restrictions on when the alternative can be used, have been considered. During stakeholders meetings for environmental LDC amendments, stakeholders asked if an amendment to a PUD or CU would be required in order to implement the off -site native vegetation retention alternative for property with an existing PUD or CU. In a response from the County Attorney Office it was indicated that language could be added to the proposed LDC amendment to allow for the off -site native vegetation retention alternative without the need for amending a PUD or CU, but that staff should consult with the Zoning and Land Development Review Department Director to see what effect it may have on zoning. Upon meeting with the Director of Zoning and Land Development Review Department, it was decided that the off -site native vegetation retention alternative could be used to satisfy up to 25 percent of the native vegetation retention requirement for a PUD, without the need for a PUD amendment, but only for that portion of the native vegetation retention requirement not included on the PUD master plan. Section 3.05.07 H.I.a.ii of the LDC currently requires a minimum of 75 percent of the native vegetation retention requirement to be shown on a PUD master plan. It was decided that where retained native vegetation is identified on a PUD or CU site plan, amendments to these site plans would be required, since elimination of the on -site native vegetation retention requirement may have an effect on decisions made during review of these petitions. According to the Collier County Community Development and Environmental Services Fee Schedule approved by the BCC on April 28, 2009, the following fees have been adopted for PUD and CU amendments. Since native vegetation retention requirements are sometimes also included in the text of the PUD document as well as on the PUD site plan, fees for amending these development orders will vary depending on the extent of changes needed. The amount (acreage and percent) of preserve affected will also determine the type of amendment required. Conditional Use Permit $4,000.00, when filed with a Rezone Petition ($1,500.00) Additional fee for 5th and subsequent reviews — 20 percent of original fee Planned Unit Development Amendment — Insubstantial (PDI) $1,500.00 requires a hearing by the CCPC only for a minor change to the PUD Master Plan Planned Unit Development Amendments (PUDA) $6,000.00 plus $25.00 an acre or fraction of an acre. (Substantial changes to the text and Master Plan), Additional fee for 5th and subsequent reviews — 20 percent of original fee. Text changes that do not impact the Master Plan $6,000.00 (the $25.00 an acre fee will not apply). Amendments deemed to be minor in nature that is requiring minor strike tbru and underline amendments of no more than 10 different lines of text changes in the PUD will be capped at $9,000.00. Any amendment which includes a map and text change will be assessed the full fee (no cap). RELATED CODES OR REGULATIONS: None. 129 I: \09 Amend the LDC\2009 -Cycle 1\LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doe Text underlined is new text to be added. Text stF kethrn gh is n not text to he An etpd n� Bold text indicates a defined term 1 GROWTH MANAGEMENT PLAN IMPACT: The adoption of Land Development Code 2 regulations to specify the criteria and to determine the circumstances when creation or restoration 3 native vegetation is allowed is required as part of the EAR -based GMP amendment to CCME 4 Policy 6.1.1 (12). 5 6 "Off -site native vegetation retention alternatives" are required as part of the EAR -based GMP 7 amendment to CCME Policy 6. 1.1 (10). 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 OTHER NOTESNERSION DATE: Created August 24, 2009. Amended September 18, 2009, November 4, 2009, March 5, 2010, March 26, 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 allowing created preserves 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; (e) VVheFe native n rotieR o o nts n At be 130 1:\09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).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 J1 Text underlined is new text to be added. Text sti ethFn ..A s eunent text to be deleted. Bold text indicates a defined term ais6efwnedated, the 'andr.Gape plan shall re Greate native plant community in all three strata (ere nd Govem shrubs nrl trees) L 1'I'z' !aFger plant nleriel0 60 AS 1e M quickly r create the lost n1,ire vegetation. These a shall be identified as °oted pFeseFves. To provide for floodplain compensation as required by the LDC. (d) When a State or Federal permit requires creation of native habitat on site. The created preserve acreage may fulfill all or part of the native vegetation requirement when preserves are planted with all three the appropriate strata; using the criteria set forth in Created Preserves. This exception may be granted, regardless of the size of the project. (e) When small isolated areas (of less than 1/2 acre in size) of native vegetation exist on site. In cases where retention of native vegetation results in small isolated areas of 112 acre or less, preserves may be planted with all three strata; using the criteria set forth in Created Preserves and shall be created adjacent existing native vegetation areas on site or contiguous to preserves on adjacent properties. This exception may be granted, regardless of the size of the project. (f) When an access point to a project cannot be relocated. To comply with obligatory health and safety mandates such as road alignments required by the State, preserves may be impacted and created elsewhere on site. (g) To provide for connections to on or off site preserves. (h) In the RFMU District where upland buffers required by the LDC, lack native vegetative communities. 131 I: \09 Amend the LD02009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc _ . . MWERIM _ 131 I: \09 Amend the LD02009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added 132 L \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Bold text indicates a defined term 1 tFee.. a font n earl a dbh with seven and 2 at breast height) of three ORGhes. Tho (diameter 3 spaGiRg of the shall be as fellows: tWeRty t plants 4 thirty feet enter fer trees a all OR with Ganop 55 than 30 fr ferty feet (less mature spread) and on. 6 GeRter fer trees with a Iarg . �.. realer than 7 30 ft. FnatyFe spread), five feet an senter for shrubs- 8 and three foot a for Plant erater ground covers. 9 al shall be that in mate: planted a manner Mimics 10 plant shall he natural community and net 11 intained- As landSGaPiRg. Minimum for 12 plant material be real ed for and other may scrub 13 pers plant mgtor'al e g heb'MM ,.,here r e 14 hotter 'teri for rp stahl'sbmept of the native 15 plant GOB 16 17 ii M Approved created preserves may be used to recreate: 18 19 20 q)M not more than one acre of the required preserves if 21 the property has less than twenty acres of existing 22 native vegetation. 23 24 WM not more than two acres of the required preserves 25 if the property has equal to or greater than twenty 26 acres and less than eighty acres of existing native 27 vegetation. 28 29 c)(3) not more than 10% of the required preserves if the 30 property has equal to or greater than eighty acres 31 of existing native vegetation. 32 33 iii(sj The minimum dimensions shall apply as set forth in 34 3.05.07H.1.b. 35 36 i_v(d) All perimeter landscaping areas that are requested to be 37 approved to fulfill the native vegetation preserve 38 requirements shall be labeled as preserves and shall 39 comply with all preserve setbacks. 40 41 f. Aiel.ivmle Supplemental supplemental plantings. native plantings 42 in all three strata be added to here the Fnay 43 44 aFeas little OF native etat'e Plant mate Al iR with Geveiragp 45 these elsteratien shall et the fplle..;n 46 GFiteFia: three The One gallon gFound covers, galk)R shrubs and SiX 47 high tFees. Plant be in that material shall planted a MaRReF MiRl 48 a RatUFal plant nit., shall net be and maiRtained as 49 IandSGaPiRg. MiRiMUM 6486 fer plant material may be red Geri fer 50 b an.t nthpr xPrir habitats ,yhore s allpr size plaph. material 51 ar9 )better — suited f6F re estahlish ment of the native— ela t 132 L \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text strikethrrm gh is -wrrent text to be deleted. Bold text indicates a defined term 1 6ommunity. 2 3 V. Preparation of required planting plans for preserves. 4 5 Preserve planting plans shall be designed by an individual 6 with academic credentials and experience in the area of 7 environmental sciences or natural resource management. 8 Academic credentials and experience shall be a bachelor's 9 or higher degree in one of the biological sciences with at 10 least two years of ecological or biological professional 11 experience in the State of Florida. 13 vi. Planting requirements for created preserves. 14 15 Soils compatible with the habitat to be created shall be 16 used to create the preserve. Where compatible soils are 17 not present, a minimum of 6 to 8 inches of compatible soil 18 shall be used. 19 20 Where created preserves are approved the planting plan 21 shall re- create a native plant community in all three strata 22 (ground cover, shrubs and trees), utilizing larger Dlant 23 materials to more quickly re- create the lost mature 24 vegetation. Environments which do not normally contain all 25 three strata shall only be required to plant the strata found 26 in the habitat to be created. Plant material shall be planted 27 in a manner that mimics a natural plant community and 28 shall not be maintained as landscaping. Such re- 29 vegetation shall include the following minimum sizes: one 30 gallon ground cover: 7 gallon shrubs: canopy trees in the 31 following sizes: 25 percent at 10 feet. 50 percent at 8 feet 32 and 25 percent at 6 feet. Spacing requirements for 33 calculating the number of plants shall be as follows: 20 to 34 30 foot on center for trees with a small canopy (less than 35 30 feet mature spread) and 40 to 50 foot on center for 36 trees with a large canopy (greater than 30 feet mature 37 spread), 10 foot on center for shrubs. 3 foot on center for 38 ground covers which spread by rhizomes or creeping 39 stems or which have a mature height of 2 feet or more 40 excluding the bloom, and 2 foot on center for ground 41 covers with a mature height of less than 2 feet, excluding 42 the bloom, and which reproduce primarily by seed. 43 44 Minimum sizes for plant material may be reduced for scrub 45 and other xeric habitats in order to promote diversity or 46 where smaller size plant material is better suited for re- 47 establishment of the native plant community. Coverage of 48 pine and hardwoods in scrub habitats shall occupy no 49 more than 70% of the area of a scrub preserve, in order to 50 create natural open areas for wildlife and native ground 31 covers. In south Florida slash pine dominated 133 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added Text - str:.ethlo gh s current text to be deleted. Bold text indicates a defined term 1 environments, where fire is a concern, the amount of mid - 2 story vegetation planted may be reduced to promote the 3 growth of native ground covers, reduce the threat of 4 wildfire and to promote use of the preserve by listed 5 species. 6 7 Three gallon container saw palmetto (Serenoa repens) 8 may be used in lieu of seven gallon containers. South 9 Florida slash pine (Pinus elliottii var. densa) trees may be 10 planted in the following sizes: 25 percent at 6 feet and 75 11 percent at 4 feet, with a spacing requirement of 40 feet on 12 center for calculating the number of slash pines to be 13 lap nted. 14 is Mangrove trees may be planted as three gallon size 16 containers but must be planted a minimum of five to seven 17 foot on center for calculating the number of mangroves to 18 be planted, if planted at this size. Ground covers in 19 estuarine and other aquatic environments may be planted 20 as liners or bare root plants. 21 22 Upland or seasonally wet preserves with extended dry 23 periods shall detail a method of providing water until the 24 plants are established. 25 26 VII. Supplemental planting requirements within preserves. 27 28 Supplemental plantings In the strata required to restore the 29 habitat to its natural condition shall be added to preserves 30 where prior clearing or disturbance, or the removal of non - 31 native and /or nuisance vegetation has created open areas 32 with little or no native vegetation. Plant material shall be 33 planted in a manner that mimics a natural plant community 34 and shall not be maintained as landscaping. Supplemental 35 plantings must be of the species typical of the native 36 habitats being restored and take into consideration the 37 requirements of any listed species using the preserve. 38 39 Areas defined as "native vegetation" pursuant to this 40 section and required to be retained as preserves, shall 41 only be required to plant material in the sizes specified in 42 this subsection and not in the sizes required for created 43 preserves. Supplemental plantings within preserves shall 44 be in accordance with requirements specified in approved 45 state and federal permits for a project. Where not specified 46 in the State and Federal permits for a project. 47 supplemental plantings within County required preserves 48 shall adhere to the following minimum standards: one 49 gallon or liner ground covers, three gallon shrubs and four 50 foot high trees. Ground covers in aquatic environments 51 may be planted as bare root plants. 134 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet\may 17 BCC Pkt \BCC Pkti (050510).doc iRp, IA09 Amend the LD02009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 1 2 Natural recruitment of native groundcovers may be used in 3 areas where native groundcovers would be expected to 4 regenerate on their own. If within a two -year period the 5 coverage of ground covers is less than that typically found 6 in environments containing these species. then 7 supplemental planting with native ground covers or 8 distribution of native seed shall be required. A planting 9 plan with schedule for planting or distributing native seed 10 shall be included as part of the preserve management 11 plan, in case sufficient natural recruitment of groundcovers 12 has not occurred. 13 14 Natural recruitment of south Florida slash pine (Pinus 15 elliottli var. densa) may be used where south Florida slash 16 pine would be expected to regenerate on their own. If 17 within a two -year period the number of pine seedlings is 18 less than that needed to regenerate the habitat type then 19 supplemental planting with south Florida slash pine or 20 distribution of south Florida slash pine seed shall be 21 required. A backup planting plan with schedule for planting 22 or distributing seed shall be included as part of the 23 preserve management plan, in case sufficient natural 24 recruitment has not occurred. South Florida slash pine 25 trees may be planted as seedlings in lieu of planting four -26 foot high trees, for individual preserves 100 or more acres 27 in size. 28 29 Restoration of mangroves shall be with one to three gallon 30 container mangroves, unless otherwise permitted by State 31 and Federal permitting agencies. 32 33 Minimum sizes for plant material may be reduced for scrub 34 and other xeric habitats in order to promote diversity or 35 where smaller size plant material is better suited for re- 36 establishment of the native plant community. Coverage of 37 pine and hardwoods in scrub habitats shall occupy no 38 more than the 70% of the area of a scrub preserve in 39 order to create natural open areas for wildlife and 40 indigenous ground covers. 41 42 viii. Success criteria. 43 44 Success shall be demonstrated for created preserves and 45 supplemental planting within preserves. 5 years after 46 installation of plant material and shall be included with the 47 monitoring report. Before and after photos taken from 48 specific or permanent field markers to identify the locations 49 within the preserve shall be included in the above 50 mentioned monitoring report. Demonstration of success A shall include the following. iRp, IA09 Amend the LD02009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text-6 to be deleted. Bold text indicates a defined term 1 2 a) Eighty percent vegetative coverage has been 3 attained within the preserve. 5 b) Native vegetation is within the range of species 6 diversity, density and distribution documented 7 within either reference sites or from literature 8 references for the specific habitat types. 10 c) Native vegetation characteristic of the habitat are 11 reproducing in the vegetative or seeding manner 12 typical of the species. 13 14 d) When permitted through the Water Management 15 District using UMAM overall UMAM scores must 16 indicate that the preserves have attained or are 17 clearly trending toward the "with - mitigation" scores 18 used to determine success. 19 20 f. Off -site vegetation retention. 21 22 i. Applicability. A property owner may request that all or a 23 portion of the Collier County on -site native vegetation 24 preservation retention requirement be satisfied offsite for 25 only the following situations and subject to restrictions 26 listed below. 27 28 a) Properties zoned commercial or industrial where 29 the on -site preserve requirement is less than 2 30 acres in size. 31 32 b) Park sites where the on -site preserve requirement 33 is less than one acre in size. 34 35 c) Essential service facilities other than parks, for 36 any size preserves. 37 38 d) Preserves less than one acre in size. 39 40 e) Affordable housing projects. The maximum percent 41 of native vegetation retention allowed offsite shall 42 be equal to the percent of affordable housing units, 43 without limitation as to size of the preserve. 44 45 f) Existing or proposed preserves with 75 percent or 46 more coverage with exotic vegetation. Existing 47 preserves not previously overrun with this type 48 vegetation and which arrive at this state due to lack 49 of management of the preserve shall mitigate off 50 site at a ratio of 2 to 1. 51 iBI I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt\BCC Pktt (050510).doc Text underlined is new text to be added Bold text indicates a defined term 1 g) Created preserves which do not meet the success 2 criteria in 3.05.07 H.1.e.viii or where preserves 3 have not been planted in a manner which mimics a 4 natural plant community. 5 6 h) Preserves which do not meet the minimum 7 dimensional requirements of this section. 8 9 i) Portions of preserves located within platted single- 10 family lots. 11 12 j) Right of Way acquisitions to be conveyed or in the 13 process of being conveyed to the County by non - 14 governmental entities for all purposes necessary 15 for roadway construction including ancillary 16 drainage facilities, and including utilities within the 17 right of way acquisition area. 18 19 k) All criteria listed for created preserves. 20 21 ii. Restrictions, when one or more of the following situations 22 occur. 23 24 a) Xeric scrub and hardwood hammocks which are 25 one acre or more in size, mangrove (excluding 26 mangrove fringes less than 40 feet in width on 27 artificially created shorelines) coastal dune and 28 strand environments, and listed species habitat or 29 corridors per the requirements or recommendations 30 of the FFWCC or USFWS, shall not be allowed to 31 have the on -site native vegetation preservation 32 retention requirement provided offsite. 33 34 b) Preserves shall remain onsite if located contiguous 35 to natural flowways required to be retained per the 36 requirements of the SFWMD, natural water bodies 37 estuaries, government required preserves (not 38 meeting the offsite preservation criteria herein) 39 NRPAs, or contiguous to property designated for 40 purchase by Conservation Collier or purchased by 41 Conservation Collier, or contiguous to properties 42 containing listed species nests, buffers, corridors 43 and foraging habitat per the requirements or 44 recommendations of the FFWCC or USFWS. For 45 the purpose of this section, natural flowways shall 46 also include those identified during wetland 47 permitting with applicable state and federal 48 agencies, regional drainage studies or surface 49 water management permits. 50 :51 c) Remaining portions of on -site preserves must be a 137 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text qtr ke _gh 'n eRt text to be deleted. Bold text indicates a defined term 1 minimum of one acre in size and shall not meet the 2 offsite criteria of sub - section 3.05.07 H.1.f.i.f) and 3 g) above unless preserved with higher quality 4 habitat not qualifying for the off -site native 5 vegetation retention alternative. 6 7 iii. Off -site Alternatives. Off -site native vegetation retention 8 requirements may be met by monetary payment or by land 9 donation. 10 11 a) Applicants shall make monetary payment to Collier 12 County. Such funds will be used by the County for 13 the purchase and management of off -site 14 conservation lands within the county. The 15 monetary payment shall be based on the location 16 of the land to be impacted and be equal to 125 17 percent of the average cost of land in the Urban 18 Designation or 125 percent of the average cost for 19 all other Designations as applicable, as defined by 20 the FLUE purchased by Collier County, through 21 the Conservation Collier program. This monetary 22 payment shall be made prior to the preconstruction 23 meeting for the SDP or final plat construction 24 1p ans. 25 26 b) In lieu of monetary payment applicants may 27 choose to donate land for conservation purposes to 28 Collier County or to another government agency. In 29 the event of donation to Collier County, the 30 applicant may acquire and subsequently donate 31 land within the project boundaries of Winchester 32 Head, North Golden Gate Estates Unit 53. another 33 multi- parcel proiect or any other land designated by 34 Conservation Collier donation acceptance 35 procedures. 36 37 Applicants who choose to donate land shall be 38 required to demonstrate that the land to be 39 donated contains native vegetation communities 40 equal to or of higher priority (as described in 41 subsection 3.05.07 A.) than the land required to be 42 preserved onsite. In no case shall the acreage of 43 land donated be less than the acreage of land 44 required to be preserved onsite. Land donated to 45 satisfy the off -site vegetation retention requirement 46 must be located entirely within Collier County. 47 Donations of land for preservation shall be made to 48 a federal state or local government agency 49 established or authorized to accept lands for the 50 conservation and management of land in 51 perpetuity, subect_to the policies and procedures 138 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).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 Text underlined is new text to be added. Text strikethrough FS GI IFMRt text to he del Pled Bold text indicates a defined term of the receiving entity. Lands donated to Collier County must include a cash payment for management of the land. The amount of this payment shall be equal to 25 percent of the average cost of land in the Urban Designation or 25 percent of the average cost in all other Designations, as applicable, as defined by the FLUE, purchased by Collier County, through the Conservation Collier program. Applicant shall provide evidence that donations of land for preservation and endowments for management have been accepted by and donated to the entity stated above, at the time of the preconstruction meeting for the SDP or final plat construction plans. Exotics shall be removed in accordance with the time frames provided in 3.05.07 H.2. State and Federal agency requirements for mitigation remediation and monitoring for the donated land shall be the responsibility of the applicant. iv. PUD zoning. Where the off -site native vegetation retention alternative is used for portions of preserves not identified on a PUD master plan, a PUD amendment is not required. Preserves or portions of preserves identified on a PUD master plan shall require an amendment to the PUD master plan to use the native vegetation retention alternative, subject to 10.02.13 E. unless the option to use the off -site native vegetation retention alternative is included in the PUD. 139 1109 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 This page intentionally left blank. 18 MY I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text str LetAm gh is text to he dp-rt.ipd 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). 24 25 Policy 6.1.1 (6) states the following (underlined/strike through version provided): 26 27 "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 projuam 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 42 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 44 per hour. Electronic ground water monitoring wells (Piezometers) cost about $1,500 installed. is These are usually checked on a quarterly basis by consultants to download the information and to 46 check the battery in the Piezometer. 141 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text strik through a. - fir ep ♦ 4a be � Bold text indicates a defined term 1 2 Properties with less than 5 acres of preserve, where listed species are not utilizing the preserve or 3 where preserves do not contain habitat requiring management for fire, will not be required to 4 submit a preserve management plan, but only be required to implement basic maintenance and 5 signage requirements, and stormwater monitoring if applicable. Time and expense will be saved 6 on the part of the applicant and staff in not having to prepare and review management plans for 7 preserves which fit these criteria. 8 9 Preserve management plans are currently included on Site Development Plans (SDP) and final 10 plat construction plans (PPL), and processed through the Zoning and Land Development Review 11 Department. Amendments to preserve and listed species management plans are considered 12 "Insubstantial Changes" and cost $400 to process with the County. If more than one plan sheet is 13 involved, then an additional fee of $100 per sheet is charged. Rarely is more than one plan sheet 14 required for a preserve management plan. Additional fees are charged for 3`1 and subsequent re- 15 submittals ($1,000 for 3`d submittal, $1,500 for 4`I' submittal, $2,000 for 5th and subsequent 16 submittals). Preserve management plans in themselves do not trigger other amendments to a SDP 17 or PPL. 18 19 RELATED CODES OR REGULATIONS: LDC Subsection 3.05.05 (M). Not affected. 20 21 GROWTH MANAGEMENT PLAN IMPACT: Required as part of the EAR -based GMP 22 amendments to CCME Policy 6.1.1 (6) 23 24 OTHER NOTESNERSION DATE: Created September 10, 2009. Amended September 17, 25 2009, November 4, 2009, March 1, 2010 26 27 28 Amend the LDC as follows: 29 30 31 3.05.07 Preservation Standards 32 33 H. Preserve standards. 34 35 1. Design standards. 36 37 g. Preserve management plans. Criteria i, ii, vii and viii below are 38 required for all preserves whether a management plan for the 39 preserve is required or not. Preserve Management Plans shall be 40 required for all properties with 5 acres or more of preserve or 41 where listed species are utilizing the preserve or where the 42 preserve contains habitat which requires management for fire 43 (such as pine flatwoods palmetto prairie or scrub). The Preserve 44 Management Plan shall identify actions that must be taken to 45 ensure that the preserved areas will maintain natural diversity and 46 function as proposed. A Preserve Management Plan shall include 47 the following elements: 48 142 I: \09 Amend the LDC12009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC NO (050510).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. 5 ii. Exotic vVegetation Removal, Non - native vVegetation, 6 and Nuisance or Invasive Plant Control. eExotic 7 vegetation removal and maintenance plans shall require 8 that Category I Exotics be removed eradicated from all 9 preserves. All exotics within the first 75 feet of the outer 10 edge of every preserve shall be physically removed, or the 11 tree vegetation cut down to grade cut debris removed and 12 the stump treated. Exotics within the interior of the 13 preserve may be approved to be treated in place if it is 14 determined that physical removal might cause more 15 damage to the native vegetation in the preserve. When 16 prohibited exotic vegetation is removed, but the base of 17 the vegetation remains, the base shall be treated with an 18 U.S. Environmental Protection Agency approved herbicide 19 and a visual tracer dye shall be applied. Any person who 20 supervises up to eight people in the application of 21 pesticides and herbicides in the chemical maintenance of 22 e*etis-- vegetation exotic vegetation in preserves, required 23 retained native vegetation native vegetation areas, 24 wetlands, or LSPA shall maintain the Florida Dept. of 25 Agriculture and Consumer Services certifications for 36 Natural Areas Pesticide Applicators or Aquatic Herbicide 27 Applicators dependent upon the specific area to be 28 treated. Control of exotics shall be implemented on a 29 yearly basis or more frequently when required, and shall 30 describe specific techniques to prevent reinvasion by 31 prohibited exotic vegetation of the site in perpetuity. 32 Non native vegetatien and nNuisance or invasive plants 33 and non- native ornamental vegetation shall be removed 34 eradicated from all Preserves. 35 36 iii: Designation of ^ o.°_ e nee.. geF n PFeser..° Manager 37 shall be identified as th r n.. . t) �^ t~ 38 the or° e..,, Management ola^ is being GGFnplied w4h—. 39 Th° name, address and hone r beF a ^° 40 hp listed an the Prese,.e Management DIvn.+. h� T-..e —name 41 ;nfnrm -- -- ch... .. h° :a ^a regarding the a ^^I^ r 42 Beth paFtie6 will be FespeRsible until .;,,nh torne that-the 43 hnr.nPn::' ^ere e...OGiatien takes e...r the m... ^ ^t of 44 the Feser e. At that time, the he,^co,., °moo`'^ 45 shall amend the flan toprevide the; omeewner 46 47 peFsen hired by the .°..........l.^..ti.^.^ t.^. manage the 48 Th° h..m°..I....°rb ^ ^ .e.. and the r p, a aye 49 shall FGV.v..d.hle fer MR11.^! Tl;li ^tP.lAn^.^ of the 50 .. �reServe, etuit., nt the PFe68r^ a minimum 51 M4anaaer rh^" h^.•^ the ^''f' ^ sarnp ..tiORS iEK" I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 1 required feF the authE)F of an EIS, as -;Pt forth On se 2 1 0. ni-o 02.02- c.3. 3 4 iii. Designation of a Preserve Manager. A Preserve Manager 5 shall be responsible for providing the developer /property 6 owner with technical assistance regarding management 7 needs for the preserve and compliance with the Preserve 8 Management Plan. At a minimum the Preserve Manager 9 shall have academic credentials and experience in the 10 area of environmental sciences or natural resource 11 management. Academic credentials and experience shall 12 be a bachelor's or higher degree in one of the biological 13 sciences with at least two years of ecological or biological 14 professional experience in the State of Florida The 15 individual's name address and phone number shall be 16 listed on the Preserve Management Plan. The same 17 contact information shall be provided regarding the 18 developer /property owner. Changes in the Preserve 19 Manager hired to manage the preserve shall be 20 documented in the monitorinq report for the preserve. rA1 22 iv. Wildlife Habitat Management. Where habitats must be 23 managed with regards to the species utilizing them, 24 Wildlife Habitat Management strategies may be required to 25 provide for specialized treatment of the preserve. Where 26 protected species are identified, management strategies 27 shall be developed and implemented in accordance with 28 section 3.04.00. `;hinrp r4p Gondito imbed 30 0m,plemented. The County will accept state and federal 31 management plans that are consistent with the 32 requirements of the LDC. 33 34 V. Fire Management. Special land management practices to 35 control fire or to maintain species diversity in the absence 36 of fire must be included as part of the Preserve 37 Management Plan, for those habitats requiring these 38 practices. Fire Management plans may include removal of 39 dead vegetation or periodic thinning of living vegetation to 40 improve forest health and mimic the natural effects of fire, 41 as appropriate for the habitat type and surrounding land 42 uses. Fuel and fire breaks shall be kept to a minimum 43 necessary to control fire and should be coordinated with 44 the State of Florida Division of Forestry, as part of a fire 45 suppression plan. The annual inspection monitoring report 46 required pursuant to ix (below) shall document, with 47 photographs, the coverage and types of vegetation to be 48 cleared for fuel management prior to clearing. Where 49 listed species have been documented within the preserve, 50 the annual inspection monitoring report shall require 51 surveys for the nests burrows or cavities of listed species 144 IA09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).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, 8 vi. Vegetation Removal Permits. Vegetation Removal Permits 9 shall not be required to implement Preserve Management 10 Plans and firewise safety plans that specify land 11 management practices for clearing for fuel management or 12 fire lines in accordance with normal forestry practices and 13 which have been approved pursuant to this section. State 14 and Federal agency permits or approvals shall be 15 required, where applicable, prior to clearing. 17 Vegetation Removal Permits shall not be required to 18 remove dead, dying or leaning trees which pose a safety 19 concern, unless they contain a nest or cavity of a listed 20 animal species or bald eagle. The annual inspection 21 monitoring report required pursuant to ix (below) shall 22 document, with photographs, trees to be removed for 23 safety concerns. 24 25 vii. Protection During Construction and Signage After 26 Construction. The Preserve Management Plan shall 27 address protective measures during construction and 28 signage during and after construction that are consistent 29 with section 3.05.04. 30 31 viii. Monitoring for Preserves Receiving Treated Stormwater. A 32 monitoring program must be implemented for preserves 33 that will receive stormwater pursuant to the requirements 34 of section 3.05.07. The monitoring program must include 35 protocols to conduct vegetation surveys and monitoring for 36 ground and surface water levels. The Preserve 37 Management Plan shall include a schedule requiring a 38 baseline monitoring report followed by 5 annual monitoring 39 reports. Monitoring reports for stormwater within preserves 40 shall be included as part of the annual inspection 41 monitoring reports pursuant to ix (below). The County will 42 accept wetland monitoring reports submitted to the South 43 Florida Water Management District as long as the reports 44 conform to the minimum requirements provided herein and 45 includes all of the Preserves receiving stormwater. 46 Compatible vegetation must be planted to replace upland 47 vegetation that may be lost as a direct result of the 48 introduction of stormwater into the preserve. 49 50 ix. Inspections and Monitoring. The property owner shall 51 provide for inspections of all on -site preserves by the 145 I: \09 Amend the LDC\2009 -Cycle t \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).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 Countv upon request. 9 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 17 146 1 : \09 Amend the LD02009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text StF keth -.. ..1,n n ent text to be deleted, 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: LDC3:39 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): 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 °' ° ° °� ° ° �° ° °'° °-' °n_a• ° °" ° °-° 29 allowed within pr-esen,e ffeas, as long as my elearing required to faeilitate these uses 30 A° °n not impae4 the minimum requir-ed vegetation 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 4o b. Receipt of treated stormwater discharge where such use, including conveyance, treatment 41 and discharge structures, does not result in aey 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 o the policies associated with Objective 7.1, as determined 44 by criteria set forth in land development regulations. Discharge to preserves having 45 wetlands requires treatment that will meet water quality standards as set forth in Chapter 147 l: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkti (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 1 62 -302. F.A.C. and will conform to the water quality criteria requirements set forth by 2 South Florida Water Management District. 3 4 During the 2008 LDC amendment cycle a definition for Passive Recreation was included in the 5 LDC. This definition reads as follows. 6 7 "Passive Recreation: Activities characterized by a natural resource emphasis and 8 non - motorized activities. These activities are deemed to have minimal negative 9 impacts on natural resources; or are consistent with preservation, enhancement, 10 restoration and maintenance goals for the purpose of habitat conservation. 11 Examples of passive recreation include, but are not limited to, bird watching and 12 nature study, swimming, picnicking, hiking, fishing and hunting, where 13 appropriate." 14 15 GMP, Conservation and Coastal Management Element Policy 6.2.6 states the following with 16 regards to required wetland preservation areas, buffer areas, and mitigation areas within the 17 Urban Designation and Rural Fringe Mixed Use District: 18 19 "Land uses allowed in these areas shall be limited to those listed in Policy 20 6.2.5(5)d of this element and shall not include any other activities that are 21 detrimental to drainage, flood control, water conservation, erosion control 22 or fish and wildlife habitat conservation and preservation." 23 24 Uses listed in Policy 6.2.5(5)d are: 25 26 1. Passive recreational areas, boardwalks and recreational shelters; 27 2. Pervious nature trails; 28 3. Water management structures; 29 4. Mitigation areas; 30 5. Any other conservation and related open space activity or use which is 31 comparable in nature with the foregoing uses. 32 33 During the 2008 CCPC hearings for LDC amendments, the CCPC asked staff to take a look at 34 existing pathways within preserves and to see if they were having a negative effect on the 35 preserves. In response, staff visited several preserves in the County. The widths of the different 36 pathways were measured and any visible negative effect on the preserves from these structures, 37 noted. The following is a list of preserves visited. 38 39 Collier County Freedom Park (Water Quality 40 Boardwalks: 8 feet wide 41 Shelters along boardwalk: 15 feet x 15 feet 42 148 I'109 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text undedined is new text to be added. Text nti LeNhm gh is current text to be deleted. Bold text indicates a defined term 1 Clam Pass Countv Park 2 Main boardwalk: 11 '/z 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 '/� feet wide 22 —23 Fiddlers Creek 24 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 '/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 % feet wide 44 149 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 1 Autumn Woods 2 Concrete pathway: 6 feet wide (15 feet wide at junction with other pathways) 3 4 Other than for shading immediately below the boardwalks and elevated wooden structures 5 indicated above, there was no visible evidence that these elevated facilities were having a 6 detrimental effect on the preserves or other natural areas. One impervious pathway was observed 7 at ground level and this was in the Autumn Woods residential subdivision. Although weeds were 8 present throughout this preserve, these were probably a result of historical use of the property for 9 agricultural purposes and not due to construction of the pathway. The pathways in Autumn 10 Woods were also used as fire breaks during the recent prescribed bum of the preserve by the 11 State of Florida, Division of Forestry. 12 13 All the other pathways observed by staff appeared to be constructed on water management berms 14 through or immediately adjacent to preserves or other naturally vegetated areas. Where fill was 15 added for construction of berms, encroachment with non - native grasses and weeds occurred. The 16 degree of encroachment varied and was dependent on the type of habitat within the preserve, the 17 hydrology, and species of weeds brought in with the fill or sod. One facility, Pelican Marsh, 18 stabilized the side slopes of their golf cart paths with pine straw, where these were constructed 19 adjacent to preserves or other natural areas. These paths were, in some cases, as high as pathways 20 constructed on water management berms in other localities. No erosion or weeds were visible on 21 the slopes of the pathways at Pelican Marsh. 22 23 In evaluating the widths of pathways, staff also consulted with staff from the Collier County 24 Transportation Division. Staff from the Transportation Division uses the "Manual of Uniform 25 Minimum Standards for Design, Construction and Maintenance for Streets and Highways 26 (Commonly known as the "Florida Greenbook ")" in designing and reviewing pathways for 27 highways and other corridors. The Manual states the following with regards to the width for 28 "Shared Use Paths ". 29 30 "The paved width and operating width required for a shared use path are primary 31 design considerations. The minimum recommended width for a paved two -way 32 path is 10 feet. In many cases, it is desirable to increase the minimum width to 12 33 feet. The width should be increased if there is expected substantial use by 34 bicyclists, probable shared use with joggers and in -line skaters, steep grades, and 35 locations where bicyclists are likely to ride two abreast." 36 37 Although the Florida Greenbook is designed for pathways along roads and other corridors, 38 similar type uses could be expected to occur within parks and preserves, where these facilities are 39 available. The Collier County Comprehensive Pathways Plan Update, Adopted: January 12, 4o 2006, notes that "Users prefer to travel through areas that are shaded, have visual relief or offer 41 other visual and /or historic amenities ". During staff s site visit to the preserve at Autumn Woods, 42 staff noticed its use by skaters, supporting this statement. The pathway in the preserve at Autumn 43 Woods is interconnected with other concrete pathways within the subdivision, creating a larger 44 continuous pathway. 45 150 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktt (050510).doc Text underlined is new text to be added. Text strikethrough is 61 IFFent text to hp dpleted 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 24 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 45 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 151 L \09 Amend the LDC \2009 -Cycle 1 \LDC Packet\may 17 BCC Pkt \BCC Pkt1 (050510).doe Text underlined is new text to be added. Bold text indicates a defined term 1 requirement. This limitation was considered reasonable since existing structures within 2 preserves, generally occupy less than this. One example, Autumn Woods, with a fairly extensive 3 system of pathways occupied only about 2.1 percent of the area of the preserve. Rough 4 calculations from a stakeholder from the development community showed that this limitation 5 would be enough for smaller preserves. A ten acre preserve was used for this calculation. 6 Concern later surfaced as to whether this would be enough for access to even smaller preserves, 7 about a half acre in size. Some stakeholders felt that an overall cap on the amount of pathways 8 should not be used if pervious pathways were not to count towards the minimum native 9 vegetation retention requirement. Currently the amount of pathways within preserves are not 10 restricted by the LDC, as long as the minimum native vegetation retention requirement is met and 11 there no loss of function to the preserve area in accordance with CCME Policy 6.1.1 (5) a. At the 12 request of stakeholders, a limit on the amount of impervious pathways within preserves, up to 13 one percent of the area of the preserve, has been included in the amendment to encourage the use 14 of pervious pathways within preserves. Boardwalks can be used in lieu of pervious pathways. No 15 other limitation on the amount of pathways within preserves is included in the amendment, as 16 long as they do not impact the minimum required native vegetation or cause a loss of function to 17 the preserve, as required by CCME Policy 6.1.1 (5) a. 18 19 Although located primarily on water management berms through or adjacent to preserves, the 20 impervious pathways staff observed showed no signs that they were causing harm to the 21 preserves. Instead it was the importation of unwanted vegetation (weeds and grass) from the fill 22 or sod from these pathways, which caused a problem. As previously mentioned, all the pathways 23 observed by staff except for one, appeared to be constructed on water management berms 24 through or immediately adjacent to preserves or other naturally vegetated areas. To offset this, 25 provisions have been included in the amendment to stabilize the side slopes of these water 26 management berms and plant them with 100 percent south Florida native species compatible 27 with the habitat present in the preserve, when these berms are located in or adjacent to preserves. 28 This was effectively done for the pathways at Pelican Marsh. This is consistent with section 29 4.06.05 of the LDC, which currently requires slopes adjacent to preserves to be planted with 100 30 percent Florida native species. 31 32 Allowing structures and pathways to count towards the minimum native vegetation retention 33 requirement is not considered by staff to be consistent with CCME Policy 6.1.1 (5) a. Policy 34 6.1.1 (5) a, states the following: "The uses allowable within preserve areas are limited to: Passive 3S recreational uses that do not impact the minimum required vegetation or cause a loss of function 36 to the preserve area. Loss of function to the preserve area includes a reduction or a change in 37 vegetation within the preserve and harming any listed species present in the preserve." Replacing 38 natural habitat within preserves, whether vegetated or not, with structures or pathways removes 39 that portion of the habitat covered by structures, from the preserve and represents a loss of 40 function that portion of the habitat provided to the preserve. 41 42 Several environmental consultants felt that the all listed species should be included in the 43 proposed amendment, but to allow for appropriate FFWCC or USFWS permits or authorizations 44 to be obtained in order to construct pathways and other structures within preserves, when listed 45 species are present in the preserve. The amendment has been revised to address their concerns. 46 152 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktt (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 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 45 amendment to CCME Policy 6.1.1 (5)(a). 46 153 1109 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Tex"4 kethFGugh is GUFrent text to be deleted. Bold text indicates a defined term 1 OTHER NOTES /VERSION DATE: Created January 6, 2010. Amended January 25, 2010, 2 February 12, 2010, March 16, 2010, March 25, 2010 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 Amend the LDC as follows: 3.05.07 Preservation Standards H. Preserve standards. 1. Design standards. 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 be 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: 154 L \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 1 i) Recommended width for pedestrian 2 pathways is 5 feet. Widths greater than 8 3 feet may be allowed where pathways serve 4 as fire breaks in accordance with a fire 5 suppression plan approved by the State of 6 Florida. Division of Forestry. 7 8 ii) Minimum width for shared use paths for use 9 by golf carts, trams, bicycles, loggers, etc. 10 is 10 feet. Widths greater than 12 feet may 11 be allowed where pathways serve as fire 12 breaks in accordance with a fire 13 suppression plan approved by the State of 14 Florida, Division of Forestry. Golf cart paths 15 for golf course use shall be designed for 16 golf course access only. 17 18 iii) Impervious pathways shall be limited to no 19 more than one percent of the area of the 20 preserve. Pathways over this amount shall 21 be either pervious pathways or boardwalks. 22 23 iv) Where feasible, pathways shall be designed 24 to maintain existing vegetation and larger 25 trees. Pathways in scrub habitat lacking -26 canopy should be avoided. 27 28 v) Where a minimum preserve width of 20 feet 29 cannot be maintained on either side of 30 pathways, the pathway shall be located 31 along the side of the preserve. 32 33 vii Pathways shall not interfere with the nests. 34 dens, burrows or roosts of listed species or 35 the nests of bald eagle, unless permitted or 36 authorized by the FFWCC or USFWS. 37 38 vii Pathways, other than boardwalks, shall be 39 at or on natural grade unless constructed 40 on berms for the stormwater management 41 system. Slopes for stormwater 42 management berms in or adjacent to 43 preserves shall be stabilized and planted 44 with 100% south Florida native species 45 compatible with the habitat present in the 46 preserve. 47 48 b) Shelters without walls. 49 50 C) Educational signage and bulletin boards located on ;1 or immediatelv adiacent to the pathway. 155 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. to be deleted. Text • Bold text indicates defined term 1 2 d) Benches for seating 3 4 e) Viewing platforms 6 f) Wildlife sanctuaries for indigenous free roaming 7 wildlife. Wildlife parks, wildlife rehabilitation centers 8 and similar type uses, with non- indigenous wildlife, 9 or caged or enclosed wildlife shall not be allowed 10 within preserves. 11 12 g) Conservation related activities comparable in 13 nature with the aforementioned uses, as 14 determined by the County Manager or designee. 15 16 h. The requirements of this subsection (3.05.07 17 H.1.h.i) shall not apply to preserve pathways, 18 structures or improvements that had permits prior 19 to [effective date of this Ordinancel. Existing 20 pathways, structures or improvements that had 21 permits may be repaired maintained and replaced 22 within the existing footprint of the pathway. 23 structure or improvement. 24 25 ii. [Insert Stormwater Uses in Preserves amendment] 26 27 iii. No setback from preserves is required for fences, or 28 retaining walls permitted as part of the stormwater 29 management system. Decorative walls must be set back a 30 minimum of five feet from the boundary of preserves. 31 Permanent fences and walls are prohibited within 32 preserves unless approved by the FFWCC or USFWS as 33 part of an approved wildlife management plan in 34 accordance with 3.04.00. Where construction of such 35 structures impacts native vegetation in the preserve, a 36 restoration plan shall be provided and included as part of 37 the preserve management plan. No trenching for 38 wall /fence installation is allowed within 10 feet from 39 preserve boundary, unless adjacent to a fire break in the 40 preserve. Trenching is allowed for installation of gopher 41 tortoise fencing pursuant to FFWCC Gopher Tortoise 42 Permitting Guidelines and for retaining walls designed to 43 minimize impacts to native habitat and wetlands, such as 44 those permitted as part of the stormwater management 45 system. 46 47 iv. No setback from preserves is required for impervious or 48 pervious pathways, or other structures allowed within 49 preserves pursuant to this section. 50 fl6fl IA09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. i ke ftG gh is ent text to be deleted Bold text indicates a defined term 1 V. In those areas of Collier County where oil extraction and 2 related processing is an allowable use, such use is subject 3 to applicable state and federal oil and gas permits and 4 Collier County non - environmental site development plan 5 review procedures. Directional - drilling and /or previously 6 cleared or disturbed areas shall be utilized in order to 7 minimize_ impacts to native habitats, where determined to 8 be practicable. This requirement shall be deemed satisfied 9 upon issuance of a state permit in compliance with the 10 criteria established in Chapter 62C -25 through 62C -30, 11 F.A.C., as those rules existed on January 13, 2005, 12 regardless of whether the activity occurs within the Big 13 Cypress Watershed, as defined in Rule 62C- 30.001(2), 14 F.A.C. All applicable Collier County environmental 15 permitting requirements shall be considered satisfied by 16 evidence of the issuance of all applicable federal and /or 17 state oil and gas permits for proposed oil and gas activities 18 in Collier County, so long as the state permits comply with 19 the requirements of Chapter 62C -25 through 62C -30 20 F.A.C. For those areas of Collier County outside the 21 boundary of the Big Cypress Watershed the applicant 22 shall be responsible for convening the Big Cypress Swamp 23 Advisory Committee as set forth in Section 377.42. F.S., to 24 assure compliance with Chapter 62C -25 through 620 -30, 25 F.A.C. even if outside the defined Big Cypress Watershed. 26 All access roads to oil and gas uses shall be constructed 27 and protected from unauthorized uses according to the 28 standards established in Rule 62C- 30.005(2)(a)(1) through 29 (12), F.A.C. 30 157 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt\BCC Pkt1 (050510).doc Text underlined is new text to be added. Text stF l(ethro gh IS i. rent text to be deleted. Bold text indicates a defined term 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 This page intentionally left blank. 18 158 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text sti L. thm gh 'n GUFFBRt text to be deleted. 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): L4 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 29 30 deer not impaet the minimum r- °a i,egetatie 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 4o 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 any 43 listed species according to the policies associated with Objective 7.1, as determined by 44 criteria set forth in land development regulations. Discharge to preserves having 45 wetlands requires treatment that will meet water quality standards as set forth in Chapter 159 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet\may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. TnN Sti kethFo .In gh is ent text to be nln.J Bold text indicates a defined term 1 62 -302. F.A.C. and will conform to the water quality criteria requirements set forth by the 2 South Florida Water Management District. 3 4 The LDC amendment proposed was drafted by stakeholders. 5 6 FISCAL & OPERATIONAL IMPACTS: Having criteria when treated stormwater is allowed 7 within preserves will help staff and applicants during the permitting process since specific 8 criteria will be available in which to review and design projects by. 9 10 Where stormwater lakes and dry retention areas do not provide enough retention and stormwater 11 is not allowed to be discharged into preserves, additional retention area will have to be provided. 12 More intensely developed sites or those with more site constraints may be affected, limiting the 13 amount of land that can be used for structures, parking and the like. Cost of providing additional 14 storage will vary based on the design of the project and cost of land. 15 16 Additional water added to preserves could result in changes to the habitat within. Die -offs of 17 native vegetation, or an increase in exotic or nuisance vegetation could result, if not designed 18 properly. Restoration of habitat within preserves as a result of die -offs would add additional cost 19 to the developer or homeowners. 20 21 RELATED CODES OR REGULATIONS: None 22 23 GROWTH MANAGEMENT PLAN IMPACT: Required as part of the EAR -based GMP 24 amendments to CCME Policy 6.1.1 (5) b. 25 26 OTHER NOTESNERS ION DATE: Created January 25, 2010. Amended February 12, 2010, 27 March 16, 2010 0 29 30 Amend the LDC as follows: 31 32 3.05.07 Preservation Standards. 33 34 H. Preserve standards. 35 36 1. Design standards. 37 38 h. (See Recreational Uses in Preserves amendment) 39 40 ii Stormwater subject to the following criteria. 41 42 a) Nothing in this section shall exempt any system 43 from complying with the stormwater management 44 design standards as set forth by the South Florida 45 Water Management District. 46 47 b) Preserve areas shall not be used to meet water 48 quality requirements as set forth in Section 5.2.1(a) 160 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. nthFG n4.'n n ..t Invt to be deleted 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 iurisdictional wetlands and the minimum 14 required upland buffer around these 15 wetlands in accordance with an approved 16 SFWMD Environmental Resource Permit 17 ERP 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 iii non -iurisdictional 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 4 a or the nests of bald eagle are present, 40 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 49 consecutive days during a reference wet 50 season, as demonstrated through 31 stormwater modeling. For the purpose of 161 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packehmay 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text sti i(ethr.. ..4 is G � nn1 �r�..mcmrvocJrriawricn Bold text indicates a defined term 1 this subsection, the reference wet season is 2 May 1996 through October 1996. In this 3 context inundation means water levels 4 averaging greater than 2" above the 5 average ground surface of the preserve; 6 7 or, if on -site groundwater data exists during 8 a normal wet season, the applicant must 9 demonstrate that the addition of stormwater 10 to the preserve will not cause the 11 groundwater elevation in the preserve to 12 exceed the existing recorded peak 13 groundwater elevation. A wet season 14 typically spans June through November, 15 and rainfall is considered normal if the 16 monthly totals during a given wet - season 17 fall within 25 percent of the average rainfall 18 volume per month as computed using 19 nearby long -term regional rainfall data. 20 21 ii Stormwater shall not be directly discharged 22 into land designated as 322 413 or 421 23 FLUCFCS Codes. 24 25 f) When stormwater discharges are allowed in 26 preserves, the associated stormwater facilities 27 such as berms swales, or outfall structures. may 28 be located within the preserve, but the area of such 29 facilities can not count towards the native 30 vegetation preservation requirement pursuant to 31 section 3.05.07. These facilities are not subiect to 32 setback requirements as found in subsection 33 3.05.07 H.3. These facilities may be placed in a 34 drainage easement. 35 36 g) Where stormwater discharges are allowed in 37 preserves, the Preserve Management Plan as 38 required in 3.05.07 must include a monitoring 39 program. In the event stormwater introduced into a 40 preserve results in unacceptable changes in 41 vegetation within the preserve, then a remediation 42 plan must be provided and the Preserve 43 Management Plan revised accordingly. 44 Unacceptable changes in vegetation within 45 preserves include replacement of indigenous 46 vegetation with non - native species, changes in 47 vegetative composition which are inconsistent with 48 target plant communities or die -offs of vegetation 49 which are inconsistent with target plant 50 communities. 51 162 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text StF kethFo gh 6 ..t text to be deleted. 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. 5 6 0 A property owner may request deviations from the 7 above regulations. 3.05.07 H.1.h.ii. Staff shall 8 review the plans and proposed deviations to ensure 9 that uplands in the preserve will suffer no adverse 10 impact resulting from the proposed deviations. The 11 process for obtaining deviations shall follow the 12 procedure as set forth in Chapter 2, Article VIII, 13 Division 23 of the Code of Laws and Ordinances: 14 appeal before the EAC, and shall be heard at a 15 public hearing of the EAC. No deviations shall be 16 granted for 322. 413 or 421 FLUCFCS Codes. 17 18 i) The requirements of this subsection (3.05.07 19 H.1.h.ii) shall not apply to discharge of stormwater 20 into preserves pursuant to South Florida Water 21 Management District or County permits or 22 approvals issued prior to reflective date of this 23 Ordinancel. NO 163 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text str i(ethrough s current text to be deleted. Bold text indicates a defined term 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 This page intentionally left blank. 18 i1*1 1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).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 ,t 4 45 Text underlined is new text to be added. Text str l(ethro gh is G e hs, dplptp J Bald text indicates a defined term LDC Amendment Request ORIGIN: Revised in GMP Future Land Use Element Deferred from 2008 LDC Cycle I AUTHOR: Ray Smith DEPARTMENT: Pollution Control & Prevention Department AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC3: 54 LDC SECTION(S): Section 3.06.06 Regulated Well Fields CHANGE: Replace the existing Illustration 3.06.06 C. with the proposed update of the Collier County Utilities Golden Gate Well Field Illustration. REASON: Remodeled the Well Field Risk Management Special Treatment Overlay Zones around the Collier County Utilities Golden Gate Well Field. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: Collier County Board Directed through The Growth Management Plan's Public Facilities Element — Natural Groundwater Aquifer Recharge Sub - Element Objective 1.1 and the Conservation and Coastal Management Element Objective 3.3. OTHER NOTESNERSION DATE: August 14, 2009 Amend the LDC as follows: 165 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt\BCC Pktt (050510).doc Text underlined is new text to be added. T-exEstriketk;eugW& current- text- ie-be- deleted. Bold text indicates a defined term 2 COLLIER COUNTY UTILITIES s GOLDEN GATE WELL FIELD H. B58 7 Illustration 3.06.06 C. 9 For more detailed information, refer to the Collier County Zoning Map at 10 www.cQllie[gQv.net/index.aspx?page =992 11 166 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc 1 2 3 4 5 ORIGIN: 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 Text underlined is new text to be added. Text strikethrough is GUFFeRt text to be deleted. Bold text indicates a defined term LDC Amendment Request Revised in GMP Future Land Use Element Deferred from 2008 LDC Cycle 1 AUTHOR: Ray Smith DEPARTMENT: Pollution Control & Prevention Department AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC3:48 -52 LDC SECTION(S): Section 3.06.06 Regulated Well Fields CHANGE: Replace the existing Illustration 3.06.06 E. with the proposed update of the Florida Governmental Utility Authority Golden Gate City Well Field Illustration. REASON: Remodeled the Wellfield Risk Management Special Treatment Overlay Zones around the Florida Governmental Utility Authority Golden Gate City Well Field. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: Collier County Board Directed through The Growth Management Plan's Public Facilities Element — Natural Groundwater Aquifer Recharge Sub - Element Objective 1.1 and the Conservation and Coastal Management Element Objective 3.3. OTHER NOTES/VERSION DATE: Augustl4, 2009. Amend the LDC as follows: 167 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text str LnMhm n4. is FFPRt teXt to be de eted Bold text indicates a defined term 1 2 3 FLORIDA GOVERNMENTAL UTILITY AUTHORITY 4 GOLDEN GATE CITY WELL FIELD 5 6 o s 2a 0 m I t8 ST W-0 STAY -t STbV2 m STW< I INrt's"rF 'S - I 7 8 9 Illustration 3.06.06 E. 10 11 For more detailed information refer to the Collier County Zoning Mao at 12 w8m.QQllieigQv.net/index,aapx?page=992 13 14 168 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).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 Text underlined is new text to be added. Text strikethF9Ugh is GuffeRt text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Revised in GMP Future Land Use Element Deferred from 2008 LDC Cycle 1 AUTHOR: Ray Smith DEPARTMENT: Pollution Control & Prevention Department AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC3:48 -52 LDC SECTION(S): Section 3.06.06 Regulated Well Fields CHANGE: Replace the existing Illustration 3.06.06 F. with the proposed update of the Orange Tree Well Field Illustration. REASON: Remodeled the Well field Risk Management Special Treatment Overlay Zones around the Orange Tree Well Field. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: Collier County Board Directed through The Growth Management Plan's Public Facilities Element — Natural Groundwater Aquifer Recharge Sub - Element Objective 1.1 and the Conservation and Coastal Management Element Objective 3.3. OTHER NOTESNERSION DATE: August 14, 2009; April 27, 2010 replaced outdated graphic illustration with that previously intended. Amend the LDC as follows: 169 L \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 2 3 4 Illustration 3.06.06 F. 5 For more detailed information, refer to the Collier County Zoning Map at 6 www,collierQoy.net/Index,aspx2paoe=992 7 8 itLl] I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).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 Text underlined is new text to be added. Text striketh... gh is aumeRt text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Revised in GMP Future Land Use Element Deferred from 2008 LDC Cycle 1 AUTHOR: Ray Smith DEPARTMENT: Pollution Control & Prevention Department AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC3:48 -52 LDC SECTION(S): Section 3.06.06 Regulated Wellfields CHANGE: Insert a new Ave Maria Utility Company Well Field Illustration and refer to it as Illustration 3.06.06 H. REASON: Modeled the Well field Risk Management Special Treatment Overlay Zones around the Ave Maria Well Field. This New Water Supply Well field will serve the Ave Maria community. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: Collier County Board Directed through The Growth Management Plan's Public Facilities Element — Natural Groundwater Aquifer Recharge Sub - Element Objective 1.1 and the Conservation and Coastal Management Element Objective 3.3. OTHER NOTESNERSION DATE: August 14, 2009 Amend the LDC as follows: 171 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt\BCC Pkt1 (050510).doc io ii Text underlined is new text to be added. Bold text indicates a defined term AVE MARIA UTILITY COMPANY WELL FIELD u.,.. A .. 172 IA09 Amend the LDC\2009 -Cycle 1\LDC Packet\may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text stir LethFG gh is nt text to be deleted. Bold text indicates a defined term 1 2 LDC Amendment Request 3 4 5 ORIGIN: Revised in GMP Future Land Use Element, 6 Deferred from 2008 Cycle 1. 7 8 AUTHOR: Ray Smith 9 l o DEPARTMENT: Pollution Control & Prevention Department 11 12 AMENDMENT CYCLE: 2009 Cycle 1 13 14 LDC PAGE: LDC3:51 15 16 LDC SECTION(S): 3.06.06 Regulated Well Fields 17 18 CHANGE: Add Ave Maria Utility Company Well Field 19 20 REASON: Language change allows the rule to recognize a new Public Water Supply Well 21 Field that will serve the Ave Maria community. 22 23 FISCAL & OPERATIONAL IMPACTS: None 24 25 RELATED CODES OR REGULATIONS: None 26 27 GROWTH MANAGEMENT PLAN IMPACT: Collier County Board Directed through The 28 Growth Management Plan's Public Facilities Element — Natural Groundwater Aquifer Recharge 29 Sub - Element Objective 1.1 and the Conservation and Coastal Management Element Objective 30 3.3. 31 32 OTHER NOTESNERSION DATE: October 15, 2008 33 34 Amend the LDC as follows: 35 36 37 3.06.06 Regulated Well Fields 38 39 The following well field risk management special treatment overlay zones, as defined in 40 section 3.06.03, and criteria specified herein shall be applied to the following wellfields: 41 42 A. City of Naples East Golden Gate Well Field. 43 44 B. City of Naples - Coastal Ridge Well Field. 45 46 C. Collier County Utilities Golden Gate Well Field, 17 48 D. Everglades City Well Field. 173 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet\may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text sti LethFo gh • to be deleted. Bold text indicatesa defined term 1 2 E. Florida Governmental Utility Authority Golden Gate City Well Field. 3 4 F. Orange Tree Well Field. 5 6 G. Immokalee Well Field. 7 8 H. Ave Maria Utility Company Well Field. 9 10 11 174 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkti (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 1 LDC Amendment Request 2 3 ORIGIN: CDES -- Deferred from 2008 Cycle 1. 4 5 AUTHOR: Ashley Caserta, Senior Planner 6 7 DEPARTMENT: Zoning & Land Development Review 8 9 AMENDMENT CYCLE: 2009 Cycle 1 10 11 LDC PAGE: LDC4:8.1 12 13 LDC SECTION(S): 4.02.01 Dimensional Standards for Principal Uses in 14 Base Zoning Districts 15 16 CHANGE: Allows for encroachment of pool equipment and well pumps, if unenclosed, into 17 required yards. 18 19 REASON: The Building and Zoning Departments have historically allowed pool and well 20 pumps to encroach into side yards if not enclosed in structures, such as, pump houses; however, 21 this practice was never formally documented. The proposed amendment will bring the code in 22 line with practice that has been in effect for over 10 years. 23 24 FISCAL & OPERATIONAL IMPACTS: The BCC directed that staff request assistance 25 from DSAC in determining impacts. The following comments were provided by DSAC at their 26 June 3, 2009 regular meeting. 27 28 • The focus of the proposed ordinance should be narrowed — where is there a problem? Is it 29 just in the City of Naples? Where else? 30 . The cost to redesign the location of mechanical equipment for a new house may not be 31 prohibitive (approximately $1,000.). 32 • The cost to relocate equipment location on an existing/nonconforming residence may be 33 cost prohibitive. 34 • If there is a pool, equipment may be located behind the pool cage; but, especially in a 35 subdivision, noise will become a factor. 36 • If the equipment is tucked in a recess, circulation around the unit will be impaired and 37 result in a decreased operational life of the unit. 38 • There is a limitation on how far the (AC) compressor can be located from the unit — they 39 work more economically when located next to the house. 40 • This will create nonconformities for over 100,000 existing residences. Who will track 41 these nonconformities? 42 43 RELATED CODES OR REGULATIONS: None. 44 15 GROWTH MANAGEMENT PLAN IMPACT: None 175 L\09 Amend the LDC\2009 -Cycle 1 \LDC Packet\may 17 BCC Pkt \BCC Pkt1 (050510).doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Text underlined is new text to be added. Text .,S'.:;kethr.,,ugh is current text to h,. a.. ptpd Bold text indicates a defined term OTHER NOTESNERSION DATE: Revised 10/28/09; 04/07/10 corrected typo. 04/28/10 per CCPC; 05/05/10 CAO Proofing. Amend the LDC as follows: 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts * * * # # # # # # # # D. Exemptions and exclusions from design standards. 9. Fences, walls and hedges, subject to section 5.03.02, and pad ground (slab-on- grade) mounted air conditioners and unenclosed pool equipment and well pumps, are permitted in required yards, subject to the provisions of section 4.06.00. (For permanent emergency generator setbacks see Article IV, section 54 -87 of the Collier County Code of Laws and Ordinances) * * * * * # # # # # # * 176 I:\09 Amend the LDCt2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkti (050510).doc 1 2 Text underlined is new text to be added. Bold text indicates a defined term COLLIER COUNTY GOVERNMENT Community Development and Environmental Services Division Department of Zoning and Land Development Review 2800 North Horseshoe Drive • Naples, Florida 34104 April 1, 2009 Development Services Advisory Committee 2800 Horseshoe Dr., N. Naples, Florida 34104 Re: Fiscal Analysis of the Cost Associated with the Re- location of Air Conditioning and Mechanical Pool Equipment From The Side Setback to the Rear Yard of Single - family Dwelling Units Dear Members of DSAC: During the last Land Development Code (LDC) Amendment Cycle (2008 -1), the Board of County Commissioners (Board) considered an LDC amendment request "to allow for the encroachment of unenclosed pool equipment and well pumps into required [side] yards." At the public hearing, Board members discussed requiring unenclosed pool and pump equipment, along with air- conditioning equipment, be located in the rear yard of single- family dwelling milts, as opposed to allowing any equipment to encroach into the side yard setback, as the LDC currently does. At their September 24, 2008 meeting, the BCC requested that the members of DSAC assist them by performing a fiscal and operational impact analysis of the cost of requiring that air conditioning equipment, as well as, unenclosed pool equipment and well pumps be located in the rear setback, instead of allowing them to be placed in required side setbacks for single- family dwelling units. Attached please find a copy of the BCC minutes from the September 24 meeting. You will note that staff was directed to return this LDC Amendment request to DSAC for thew analysis and recommendation. The deadline for LDC Amendment requests is Monday, June 1, 2009 at close of business. LDC staff will be happy to assist in any way with this Board - directed task. S rely, Ca th rine F b er, AICP LDC Manager Cc: Joe Schmitt, CDES Administrator Susan M. Istenes, AICP, Zoning Director 177 IA09 Amend the LDM2009 -Cycle 1TDC Packehmay 17 BCC PkABCC Pktl (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 This page intentionally left blank. 18 178 I: \09 Amend the LDC12009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktt (050510).doc Text underlined is new text to be added. TeXt GtF kethMugh is .. • nt text to be deleted. Bold text indicates a defined term 1 LDC Amendment Request 2 3 4 ORIGIN: Community Redevelopment Agency (CRA) Advisory Board 5 6 AUTHOR: David Jackson, Executive Director - CRA 7 8 DEPARTMENT: CRA Advisory Board 9 10 AMENDMENT CYCLE: 2009 Cycle I 11 12 LDC PAGE: LDC4:67 thru LDC4:70 13 14 LDC SECTIONS: 4.02.35 15 16 CHANGE: Replace graphic illustrations X 4, GTMUD Figures 1, 3, 4 and 5. 17 18 REASON: To eliminate reference to "front yard build -to line 19 20 FISCAL & OPERATIONAL IMPACTS: 21 22 RELATED CODES OR REGULATIONS: 23 24 GROWTH MANAGEMENT PLAN IMPACT: 25 26 OTHER NOTESNERSION DATE: 27 28 29 Amend the LDC as follows: 30 31 32 4.02.35 Design Standards for Development in the GTMUD -Mixed Use Subdistrict 33 (MXD) 34 35 + + + + + + + + + + + + 36 B. Regulations For Outdoor Display and Sale of Merchandise. 37 38 + + + + + + + + + + + 39 40 GTMUD Figure 1. Front Setback Zone Davis Boulevard, US 41, Airport- Pulling Road and 41 Commercial Drive 42 (For illustrative purposes only) 43 179 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc 1 2 3 4 Text underlined is new text to be added. Text StF keth.,. gh '.. current text to be deleted. Bold text indicates a defined term Front Setback Zone Front Setback Zone Mixed Use Subdistrict Mixed Use Subdistrict and C-1 through C-5 and 61 through C-5 Commercial Zoning Commercial Zoning Districts Districts 1 i 1 1 3 o o IC 1 1 1 1 L 1 I k I i i 1 i I 1 I I I I I I I I I I I I 1 I 1 I I I I pg I NSV- I �AfObN I nu r A I uA Davis Boulevard, US 41 Commercial Drive and Airport- Pulling Road Front SeMack Zone Front SeMack ZOne Mixed Use Subdistrict Mixed Use Subdistrict and C -1 Mrough C-5 and C -1 through C-5 Commercial Zoning Commercial Zoning Districts Disricts 1 tS Davis Boulevard, US 41 Commercial Drive and Airport - Pulling Road 180 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc 1 2 3 4 s Text underlined is new text to be added. Bold text indicates a defined term GTMUD Figure 3. 3 -Story Building Height, Step Back, Projections, and Recesses (For illustrative purposes only) Mired Use Subdistrict/ Residential above Commercial or Residential Only Fronting on US 41: 3 Stories Maximum Actual Height: 56 Feet Mini Triangle Mixed Use a Stories Maximum Actual Height; 126 Feet Commercial ZoningDisfdcts Heights according to current LDC I Pra/aogm Aft. b A.MVI cam %&.nd �y 'e I r I P.mpat mexlmam �leete6ow Roar So or Faro Lh a.•Tw afam pRW RaNduMd UM onr, 10 F.W Afrd n sh µask nun d U04D BuYdda Y & nd A 6ow. bo. e MaOmum H&W 42 0-Y $ x Rtli or Fred Fae.W moCGpilutl m mujgb@ daWMJo-lks,su7 R.ww mus! W.haNrmm N3F..r 3 FaR GTMUD Mixed Use Subdistrict and C -1 through C -5 Districts: Buflding H "ht, Step- Back,_Pr000�ections_and Recesses 181 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. • Bold text indicates defined term Mixed Use Subdistrict/Residential above Commercial or Residential Only Fronting on US 41: 3 Stories Maximum Actual Height., 56 Feet Mini Triangle Mixed Use 8 Stories Maximum Actual Height: 126 Feet Peopaf mevlmum / FaNEOVe Raol Commercial Zoning Districts Bottom o/Beve M. or Top MBUIRup Rool Heights according to current LDC iBFMMInNnum 6MPBwkBOm RaeMmllel Vw OnN Front rinl g RmrerorYmn Mevlmum Helpttl:ItH Sommercle UnE ReeltlmfblUU BVIMInpa onN c sg ,wr GTMUD Mixed Use Subdistrict and C -1 through C -5 Districts: Building Height Step -Back, Projections and Recesses 182 1:\09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text stf (ethm gh 5 GUffent text to be deleted. Bold text indicates a defined term 1 GTMUD Figure 4. 4 -Story Building Height, Step Back, Projections, and Recesses 2 (For illustrative purposes only) 3 Mbred Use Subdishlct/Residential above Commercial or Residential Only Fronting on US 41: 4 Stories Maximum Actual Height 70 Feet Mini Triangle, Mixed Use, 8 Stories Maximum Actual Height: 128 Feet Commercial Zoning Districts Heights according to current LDC RryeaWae A da AwWrp; or fbkm%p 10FeetMNMxan SM1F -aeG eo'li Fronf YlN &Atldloll/ret Mrq SAny endAeow 10waY0amr RvA tmexlmma4/eetaOaw Raul Rw Mffig UNO* ReLdenael U. OWy 49wfee MeeAeaa Halyd MR Afbnd UM: CarvnurJM.ft H "U.Ow CamwdYnRaeNva I! )0%MFrox FaaMa mwfbspipoMan Fmd YeN 9uY1a1dw, wd RKUw I muetaasldr8num al3 Feet 9Fppt m I I I GTMUD Mixed Use Subdistrict and C -1 through C-5 Districts: 4 Butiding Height, Step -Back, Projections and Recesses IC! 183 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc R R R FaelFb H.W ip No hee Rten fa Feet Homo.. awl fe FpN R Awe aAaaw.d 'i MAwWnOS .' FWeMd ROrbOaYON ft i Cnmplwe, erk LLIWrAYt . Rnd Fkar CamnwdelU»QMy �ndR I! )0%MFrox FaaMa mwfbspipoMan Fmd YeN 9uY1a1dw, wd RKUw I muetaasldr8num al3 Feet 9Fppt m I I I GTMUD Mixed Use Subdistrict and C -1 through C-5 Districts: 4 Butiding Height, Step -Back, Projections and Recesses IC! 183 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc R R R Mixed Use Subdistrict/Residenflal /eMbAnum iM above Commercial or Residential .I� Only Fronting on US 41: 4 Stories Maximum Actual Height: 70 Feet atl.Mptay Mini Triangle Mixed Use a Stories Maximum Actual Height. 128 Feet Commercial Zoning Districts R.*W. Heights according to current LDC A. °pad, N.kum T..�� Text underlined is new text to be added. strikethrough is Gurrent text to be deleted. Bold text indicates a defined term F.nwl mulm wll, FM.e.w Rmf RuMmUtl W. and R".04 en WM ,18W NWeum NtlpAC as FI MMMW. PMtlwlblOwr LwnmNCNlorPUldrnUM Lammvclrl ar kvldmWlYn enl/ enb'F nNnpw MBa FWI FRkm PNyhl W kulbnl} FM Neman Nm tlrul M1dn fInNAM Fbw Ia LYaq H1n Fba Canm.rcNlNn Orly nuwrr GTMUD Mixed Use Subdistrict and C -1 through C -5 Districts: Building Height Step -Back Projections and Recesses 1 2 C. Parking Standards 3 4 5 1. Mixed Use Projects 6 7 d. Parking Location 8 184 I:\09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktl (050510).doc 1 r p Q 0 a R 9 /eMbAnum iM /p A.i Minimum .I� IluduNAan Fnnl f. v pd,.S.IW atl.Mptay MAeow T..�� Text underlined is new text to be added. strikethrough is Gurrent text to be deleted. Bold text indicates a defined term F.nwl mulm wll, FM.e.w Rmf RuMmUtl W. and R".04 en WM ,18W NWeum NtlpAC as FI MMMW. PMtlwlblOwr LwnmNCNlorPUldrnUM Lammvclrl ar kvldmWlYn enl/ enb'F nNnpw MBa FWI FRkm PNyhl W kulbnl} FM Neman Nm tlrul M1dn fInNAM Fbw Ia LYaq H1n Fba Canm.rcNlNn Orly nuwrr GTMUD Mixed Use Subdistrict and C -1 through C -5 Districts: Building Height Step -Back Projections and Recesses 1 2 C. Parking Standards 3 4 5 1. Mixed Use Projects 6 7 d. Parking Location 8 184 I:\09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktl (050510).doc 1 r p Q 0 a R 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Text underlined is new text to be added. Text St: ke. .. H.. gh is ent text to be. deleted. �� Bold text indicates a defined term i. Off - street parking in front of buildings abutting US 41, Davis Boulevard or Airport- Pulling Road shall not exceed 50% of that building's parking requirement. a) The design shall be a single -aisle double - loaded parking lot. G7MUO - Mhmd Use SubdlsticY. Loc000n of Off Sheet parkirm RiiiLJRRiIL i b) The remaining parking required shall be located on the side or rear of the building. Parking Location (For illustrative purposes only) i Met O/Fmnt Yard BuNd-to -Vne. FrHM YHC 6ub0.1W/na GTMf/O - M/rM U�r SYCd/Str/a t' LouHYn a /O/I Sh��t Parklno F Yerdaug6bLM oaa%nepupaoF v aa.Y -su.: I Comer LOta 1-1 100 %Orparking permitted on side or mar n Bulld- fo-Lkw. F.Wy auFlio- V 16 17 18 GTMUD Figure 5 19 185 IA09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktl (050510).doc Text underlined is new text to be added. Text stF LethFo gh is PRt tP)d to be deleted Bold text indicates a defined term 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 This page intentionally left blank. 18 iV V \09 Amend the LDC\2009 -Cycle t \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).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 17 Text underlined is new text to be added. Text str kethFo gh iS .. ent text to be deleted. ted 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 NOTESNERSION DATE: Improved quality of graphic March 17, 2010, Revised Image April 07, 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) Poor 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) 187 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc 7 2 3 IN' rr W N Y Y Text underlined is new text to be added. Text str iethFO gh is n FFPRt teXt W hP dP.IetPd Bold text indicates a defined term e r�rrr�yyi dl I { R 188 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc TYPICAL OFT -57RM »�y TAPMNC DLYICN IMMIDN LS 4 i ;it 1 y 3 � SEMCM DCMRTMLNT a o T EXHIBIT A I� � 1 :;;:�li::: T T 188 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc TYPICAL OFT -57RM »�y TAPMNC DLYICN IMMIDN LS 4 i ;it y 3 � SEMCM DCMRTMLNT EXHIBIT A 188 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc 1 I 3 4 o TYPICAL OFF- STREET 1 w z COLLIER COUNTY DEVELOPMENT Womb � �T ! m�� e o 3 a o �� sa m N N fo Y O ord z 3 im4 w [Ti ( L. m RAMP a } E -�V D VULL S 2 L� U Ny ri J� N Text underlined is new text to be added. Bold text indicates a defined term TYPICAL OFF- STREET 1 w z COLLIER COUNTY DEVELOPMENT E � �T ! a Y - 3 a o Text underlined is new text to be added. Bold text indicates a defined term (WHITE) BLUE) (BLUE) (WHI ) m l H� odJ TYPICAL OFF- STREET 1 a W W 3 rc N DIVISION 2.3 COLLIER COUNTY DEVELOPMENT f 1 Y a �T ! a N.T.S. (WHITE) BLUE) (BLUE) (WHI ) m l H� odJ TYPICAL OFF- STREET PARKING DESIGN a W W 3 rc N DIVISION 2.3 COLLIER COUNTY DEVELOPMENT ' w m m 3 SERVICES DEPARTMENT 19 SAN 95 N.T.S. - EXHIBIT A 189 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text stF kethFough is G IFFPRt text to ho deleted Bold text indicates a defined term 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 This page intentionally left blank. 18 190 I: \09 Amend the LDC\2009 -Cycle 1\LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text str l(eth Fr ..A 'o GUFFent text to be A... ted Bold text indicates a defined term 1 LDC Amendment Request 2 3 ORIGIN: CDES 4 5 AUTHOR: John Kelly, Planner 6 7 DEPARTMENT: Zoning & Land Development Review 8 9 AMENDMENT CYCLE: 2009 Cycle 1 10 11 LDC PAGE: LDC4:78 — 4:85 12 13 LDC SECTION(S): 4.05.04 Parking Space Requirements 14 15 CHANGE: Provide requirement that states, in part, that off - street parking shall not be reduced 16 or changed. The subject change is being provided verbatim, as last published in the LDC prior to 17 re- codification. 18 19 REASON: Scrivener's error. During re- codification of the LDC, Ordinance 91 -102, As 20 Amended, Section 2.3.13 was inadvertently omitted. Said section is an integral part of the Code. 21 22 FISCAL & OPERATIONAL IMPACTS: None, regulation has been applied despite not —23 having been published. 24 25 RELATED CODES OR REGULATIONS: None. 26 27 GROWTH MANAGEMENT PLAN IMPACT: None. 28 29 OTHER NOTES/VERSION DATE: 30 31 32 Amend the LDC as follows: 33 34 35 4.05.04 Parking Space Requirements 36 37 A. Requirements for off- street parking for uses not specifically mentioned in this section 38 shall be the same as for the use most similar to the one sought, or as otherwise 39 determined by the County Manager or designee pursuant to 4.05.04 of this LDC it being 40 the intent of this LDC to require all uses to provide off - street parking, unless specific 41 provision is made to the contrary. 42 43 B. Measurement. Where this LDC requires off - street parking based on various types of 44 measurements, the following rules shall apply: 45 - -46 1. Floor area means, for the purposes of this section only, the gross floor area 7 inside the exterior walls, unless otherwise specifically indicated. 191 IA09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text str (ethrn n4. '6 and toXt to he deleted Bold text indicates a defined tens 1 2 2. In hospitals, bassinets do not count as beds. 3 4 3. In stadiums, sports arenas, houses of worship, and other places of public 5 assembly where occupants utilize benches, pews, or other similar seating 6 arrangements, each twenty -four (24) lineal inches of such seating facilities count 7 as one (1) seat. 8 9 4. Where the parking requirements are based on number of employees or persons 10 employed or working in an establishment and the number of employees 11 increases after the building or structure is occupied, then the amount of off - street 12 parking provided must be increased in ratio to the increase of the number of 13 employees. 14 15 5. When units of measurements determining number of required off - street parking 16 spaces result in a requirement of a fractional space, then such fraction equal or 17 greater than one -half ( 1/2) shall require a full off - street parking space. 18 19 C. Developers of commercial projects located within commercial zoning districts, business 20 park districts, or a commercial component of a PUD zoning district, which require a 21 minimum of eighty (80) parking spaces, providing paved off - street surface parking in 22 excess of 120 percent of the requirements of this LDC shall request a variance in 23 accordance with Chapter 9. The developer shall be required to provide double the 24 landscaping required in interior vehicular use areas, as required by section 4.06.00 for 25 those projects requesting such a variance. 26 27 D. Developers providing parking lots in excess of 200 parking spaces may surface fifteen 28 (15 %) percent of the required off- street parking spaces in grass which shall be 29 compacted, stabilized, well drained and surfaced with a durable grass cover. Such grass 30 parking spaces shall be located along the outlying perimeter of the parking lot. 31 Driveways, handicapped spaces and access aisles shall be paved. All grassed parking 32 spaces shall be included in the water management calculations for site development 33 plan review. 34 35 E. Required off - street parking shall be located so that no automotive vehicle when parked 36 shall have any portion of such vehicle overhanging or encroaching on public right -of -way 37 or the property of another. If necessary, wheel stops or barriers may be required in 38 order to enforce this provision. 39 40 F. Required off - street parking according to the requirements of this Code shall not be 41 reduced in area or changed to any other use unless the permitted or permissible use 42 that it serves is discontinued or modified, or equivalent required off - street parking is 43 provided meeting the requirements of this Code. 44 45 1= G. Minimum requirement. 46 47 1. Irrespective of any other requirement of this LDC, each and every separate 48 individual store, office, or other business shall be provided with at least one (1) 49 off - street parking space, unless specific provision is made to the contrary. 50 51 2. The County manager or designee may determine the minimum parking 192 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 Text underlined is new text to be added Bold text indicates a defined term requirements for a use which is not specifically referenced below or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in this LDC should not be applied. In making such a determination the County Manager or designee may require submission of parking generation studies; evidence of parking ratios applied by other counties and municipalities for the specific use; reserved parking pursuant to section 4.05.05; and other conditions and safeguards deemed to be appropriate to protect the public health, safety and welfare. 6- H. Spaces required. TABLE INSET: Table 17. Parking space requirements. 193 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text str kethnough s6wfent-texd.`1P he dplpt rl Bold text indicates a defined term 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 This page intentionally left blank. 18 194 L\09 Amend the LDC\2009 -Cycle 1\LDC Packet \may 17 BCC PkhBCC Pkt1 (050510).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 6 7 AUTHOR: John Kelly, Planner 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 34 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 16 47 DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC4:91 -92, LDC6:32 -33 LDC SECTION(S): 4.06.01 Figure D, and 6.06.05 E CHANGE: Amendment is proposed to bring two inconsistencies, one graphic change and other text change, into compliance with purpose and intent of Code. Safe sight triangles are measured as being 30 feet from the point of intersection, not 25 feet. REASON: Consistency with Collier County Code and current practice. FISCAL & OPERATIONAL IMPACTS: None, provisions already applied. RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: None, provisions already applied. OTHER NOTESNERSION DATE: Amend the LDC as follows: 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION 4.06.01 Generally D. Landscaping with Sight Design Triangles. 1. Safe sight distance triangles at intersection and access points. (Refer to Figure 4.06.01 D., Sight Distance Triangles). Where a b;driveway /access way intersects a right -of -way or when a property abuts the intersection of two or more rights -of- way, a minimum safe sight distance triangular area shall be established. Within this area, vegetation shall be planted and maintained in a way that provides unobstructed visibility at a level between 30 inches and 8 feet above the crown of the adjacent roadway. landscaping shall be located in accordance with the roadside recovery area provisions of the State of Florida Department of 195 I:\09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text str kethm ..h '5 PRt tPXt to he debt.. Bold text indicates a defined term 1 Transportation's Manual of Uniform Minimum Standards for Design, 2 Construction, and Maintenance of streets and Highways (DOT Green Book) 3 where appropriate. Posts for illuminating fixtures, traffic control, and street name 4 signs shall also be permitted, so long as the sign or equipment is not within the 5 prescribed clear space. 6 7 Where an accessway enters a right -of -way, two safe distance triangles shall be 8 created diagonally across from each other on both sides of the accessway. Two 9 sides of the triangle shall extend 10 feet each way from the point of intersection 10 from the edge of pavement and the right -of -way line. The third side of the 11 triangle shall be a line connecting the ends of the other 2 sides. 12 13 14 15 L —•— t Cr - - -�4 Triw,o.o of Meuse Goss Visoealty (Netchetl Meea) 5trsel Povsrtlwl 1W —� d ✓nwoY *r 8' hl. min •.1 Hear lrunA 10' ]ll' hl. nwx� PLAN ' Intgr wttp_ of 0rivnpv and Sireat Mro of RequlrW + Goss Visibiily , TTclwr 1 30" ht. max 6 trunk �wr 1' Privooy btl� fYn !r —ti)" EOgs of Pownsnt la CROSS SECTION A —A' • Intersection of Drivewov and Street Strs.t �— ZS' —•—•I -} Swulf ::•'::•: :.yl - -:: `_:•.. C,trmiuns or Rights •.v.l - -::: %'' {•.. I of W^Y (Prop. Line) Lonoscope WOW _ 25' PLAN : Street Intersection 196 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktl (050510).doc i N Right of Woy (Prop. Line) 1 2 3 4 5 6 7 s 9 v � I I ... ........ Swale...:'•.:;: _ I Sidewalk Landscape Bt ffer Triangles of Required Grass visability (Hatched Areas) Text underlined is new text to be added. Bold text indicates a defined term Street Pavement 14 A I Driveway ' B' ht. min. -clear trunk 10' -30" ht. MGM. L PLAN : Intersection of Drtvewav and Street Area of Reiigty '� Cross V ty sibili 8, chunk fI 30" ht. maK. � Driveway I �� sod sad 10' Edge of Po�ment 10' CROSS SECTION A -A' : Intersection of Driveway and Street CLEAR AREA FOR SIGHT ❑ISTANCE- I I � R l - __ - cat--__ _PAVEMENT _ 1 !I I I I I I LOCAL ROADWAY IN SUBDIVISION Figure 4.06.01 D - -Right of Way (Prop. Line) Where a property abuts the intersection of two rights -of -way, a safe distance triangle shall be created. Two sides of the triangle shall extend 30 feet along the abutting right -of -way lines, measured from the point of intersection. The third side of the triangle shall be a line connecting the ends of the other 2 sides. 197 IA09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doe 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. T-ext-&tf kethno n4. is GUFFBnt Inv/ to he deleted. Bold text indicates a defined term The developer shall comply with all of the provisions of the applicable landscape requirements and this section 4.06.00 at the time of subdivision or development approval or when applicable. 6.06.00 TRANSPORTATION SYSTEM STANDARDS 6.06.05 Clear Sight Distance A. Where an accessway intersects a right -of -way or when a property abuts the intersection of 2 or more rights -of -way, a minimum safe sight distance triangular area shall be established. Any vegetation within this area shall be planted and maintained in a way that provides unobstructed visibility at a level between 30 inches and 8 feet above the crown of the adjacent roadway. Landscaping shall be located in accordance with the roadside recovery area provisions of the State of Florida Department of Transportation's Manual of Uniform Minimum Standards for Design, Construction, and Maintenance of streets and Highways (DOT Green Book) where appropriate. Posts for illuminating fixtures, traffic control, and street name signs shall also be permitted, so long as the sign or equipment is not within the prescribed clear space. B. Where an accessway enters a right -of -way, 2 safe distance triangles shall be created diagonally across from each other on both sides of the accessway. Two sides of the triangle shall extend 10 feet each way from the point of intersection from the edge of pavement and the right -of -way line. The third side of the triangle shall be a line connecting the ends of the other 2 sides. C. Where a property abuts the intersection of 2 rights -of -way, a safe distance triangle shall be created. Two sides of the triangle shall extend 30 feet along the abutting right - of -way lines, measured from the point of intersection. The third side of the triangle shall be a line connecting the ends of the other 2 sides. D. The developer shall comply with all of the provisions of the applicable landscape requirements and section 4.06.00 at the time of subdivision or development approval or when applicable. E. On a corner lot in all zoning districts, no fence, wall, hedge, planting, or structure shall be erected, planted, or allowed to grow in such a manner as to obstruct vision between a height of 30 inches and 8 feet above the centerline grades of the intersecting streets in the area bounded by the right -of -way lines of such corner lots and a line joining points along said right -of -way lines 230 feet from the point of intersection. Parking is prohibited in this area. Trees are permitted, so long as the foliage is cut away and maintained within the 30 inch and 8 foot clearance requirement. Posts for illuminating fixtures, traffic control, fences and street name signs are permitted, so long as the sign or equipment is not within the prescribed clear space and the fence does not visually impede the clear sight of the intersection. 181.3 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 16 47 Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development & Environmental Services AUTHOR: Nancy Gundlach, Principal Planner, Florida Registered Landscape Architect # 1244 DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC4:114 LDC SECTION(S): 4.06.05.D.4. Shrubs and hedges CHANGE: Restore previously omitted subsection and update section cross reference. REASON: Scrivener's error made during codification of Ordinance 04 -41; scrivener omitted language. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: Amended 03/08/2010 to add at street and driveway in front of intersections per CCPC comments. Amend the LDC as follows: 4.06.05 General Landscaping Requirements . . . . . . . . . . . . D. Plant Material Standards. 4. Shrubs and hedges. Shrubs and hedges shall be installed and maintained at a minimum height as specified in Section 4.06.02.C.4--. except where street-visibility at street and driveway intersections is required and where pedestrian access is provided. Shrubs and hedges shall screen the adjacent pavement surface or developed property required to be buffered and /or screened. Hedges, where required, shall be maintained so as to form a continuous, unbroken, solid visual screen within a minimum of one year after time of planting. 199 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt\BCC Pkt1 (050510).doc Text underlined is new text to be added. ext stizkethfaugh Is Guirrent text to he deleted, Bold text indicates a defined term 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 This page intentionally left blank. m ez11i11 I'M Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).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.). 2.0 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 45 sight triangle regulations pertain to all affected intersection regardless of the zoning 46 district of the abutting properties. 201 1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).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. Te)d str kethre gh 'a G mt te)d to he deleted Bold text indicates a defined term 7. 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 BZA 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. April 28, 2010 for corrections, May 5, 2010 CAO proofing. Amend the LDC as follows: 5.03.00 ACCESSORY USES AND STRUCTURES 1 '. \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktl (050510).doc Text underlined is new tent to be added. text -to he - deleted: Bold text indicates a defined term 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 51 203 1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkti (050510).doc Text underlined is new text to be added Bold text indicates a defined term 'q •_ •• Will ■ 204 1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 1 Fe-1, GA-r.ReF 10t6 ORB (1) aGFe OF Ie66 an area, whiGh by defiRit have fFORt OR only 3 feet in he ght, w th the exGeptian that any peFtion of a freRt yard fenGB With n 4 safe Sight tFFaRg'8 CIPSGFibeld FIR GPGtOOR B.06605 Of thic; COBB te three 5 (3) feet in he ght. (Two (2) sides ef this tFiangle extend thirty (30) feet alORg the • - 7 w q A line nennPntiRg the ethei: twG (2).) FBRGes within FequiFed side yaFds Ma 8 reaGh 6qX (6) feet in height. 11 j, e)(Gept that the 13eaFd of Zoning Appeals may allow the use 13 hazaFd may eAst, 66IGh as a Utility 66lbStatoGR, sewage treatment plant, 9F simila 14 U6e. ■ 22 1. Industrial 23 di6tFiGts not subjent te sention 5 05 OR shall be I rnited to eight (9) feet iR height. 26 residentally zoned dstrGt, 6aqd nonresidential develclpmeRt shall provide a 30 sox ■ - '- - -- i I • way landsGape e .. IORP and shall be fGUF (4) feet height. 38 5. OR prepeFties whiGh fl:ent on more than one (1) street, a six (6) feet high waw __ 43 F. At the app"Gant's Feque6t, the County MaRag.eF 9F 41 adjaGent to the rear of the pFojeGt. ' ii maGORry wall and.1gr fenne iq net warranted, partiGUlarly where the_ lnr;;' ;treet lies 46 the resident a! development and the RORFesident a! development, GF fOF GtheF good 51 iR I;I-Ib';eAtiQR 5,03.02(A)(9) ef this Codp. Thp GA'-'Rty Manager or de6 gRee shall Feview betweeR A09 - ■ ■■• - ■ ' r ■ ■ Text underlined is new tent to be added. Bold text indicates a defined term 5 G. Vegetative be 'AA;3tPGl PXtAFRA' to the PlRdigr fenGe that fifty p!aRtqRgS shall v.fall SuGh (5G) 6 7 'ye material en iFr net'n .stem shell he installed to a the ont'n e.d vegetat 8 viability of the vegetative 9 10 11 e nl .deyelenment frenlinn e.te!F l AF GOUCAGIF the Gad.. ay where 12 13 . 14 15 i. A fenne. bp nr)nMr--,rtpd WIAMARg but to wall and/er .;h;;Il site plan appFo-val prior aRy 16 17 18 depending the lonation of affer;ted residential areas and, ;;tw phases upon vpd� 19 20 21 (Ord. No. 05 -27, § 3.EE; Ord. No. 08 -63, § 3.S) 22 23 24 25 5.03.02 Fences and Walls Excluding Sound Walls 26 27 A. Fences or walls shall be permitted principal uses in all districts, subject to the 28 restrictions set forth in this section, unless specifically exempted; however, a fence or 29 wall shall not, in any way, constitute a use or structure, which permits, requires, and /or 30 provides for any accessory uses and /or structures. 31. 32 B. A fence or wall may be located on a lot line, but no fence or wall (including foundation) 33 shall protrude in full or part on adjacent property or right -of -way. 34 35 C. Residential (RSF, RMF, RT, VR, MH) and TTRVC zoning districts and designated 36 residential components of PUDs shall be subject to the following maximum fence and 37 wall heights: 38 39 a. Required front yard 40 41 i. lots greater than 1 acre: 6 feet 42 43 ii. non - waterfront interior lots 1 acre or less: 4 feet 44 45 iii. waterfront lots 1 acre or less: 4 feet 46 47 iv, corner lots 1 acre or less: fences closer than 10 feet to the longest lot 48 line frontage of a corner lot, 4 feet; when placed at 10 feet or greater 49 from the longest lot line frontage, than 6 feet. 50 51 b. Required side and /or rear yard(s) 206 1109 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktt (050510).doc Text underlined is new text to be added Bold text indicates a defined term 1 2 i. lots greater than 1 acre: 6 feet 3 4 ii. non - waterfront interior lots 1 acre or less: 6 feet 5 6 iii. waterfront lots 1 acre or less: 6 feet side yard(s): 4 feet in rear yards 7 8 iv. Public Utility Ancillary Systems: 8 feet 9 10 V. corner lots 1 acre or less: 4 feet (there is no rear yard on a corner lot) 11 12 D. Commercial and Industrial zoning districts, excluding the TTRVC zoning district; 13 Business Park zoning districts: and designated commercial, industrial and business park 14 components of PUDs shall be subject to the following maximum fence and wall heights: 15 16 1. Fences or walls shall be limited to a maximum height of 8 feet. 17 18 2. The County Manager or designee may approve an administrative variance from 19 the height limitations of fences and walls in commercial and industrial zoning 20 districts provided that at least one (1) health, safety, or welfare hazard peculiar to 21 the property is identified, and that such approval does not address a generic 22 problem more properly corrected by an amendment to this Code. 23 24 E. Agricultural Estates and Conservation zoning districts 25 26 1. Fences and walls shall be exempt from height and type of 27 construction. 28 29 F. Fence and wall design standards in all districts 30 31 1. Measurement of fence or wall height 32 33 a. Existing ground levels shall not be altered for the purpose of increasing 34 the height of a proposed fence or wall except as provided for in this 35 section and section 4.06.00. 36 37 b. Determination of ground level. The height of a fence or wall shall be 38 measured from the ground level at the fence or wall location. The County 39 Manager or designee shall determine the ground level for the purposes of 40 measuring the height when it has been determined that the ground level 41 has been altered for the purposes of increasing the height. In such 42 determinations, the County Manager or designee may consider, but is not 43 limited to the following facts: 44 45 i. General ground elevation of the entire lot. 46 47 ii. In the case of a lot with varying ground elevations, the average 48 elevation over the length of the fence or wall and at points in the 49 vicinitv of the fence or wall. 50 207 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).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 Text underlined is new text to be added. Text stf kethro nA is GuFFent Wit to be deleted. 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. 2. Fences and walls shall be constructed of conventional building materials such as but not limited to precast concrete composite fencing materials concrete masonry, brick wood decorative iron or steel wire or chain link as specified herein. 3. Fences and walls shall be constructed and maintained in a manner as to not create a safety hazard or a public nuisance. Eliminated #6 4. 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 triangle is restricted to a height of 3 feet. (See Figure 5.03.02 F.4.). EAF AREA OE I -,cE '- 26 27 Figure 5.03.02 F.4. 28 29 Hilo 1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc �4i kf I + •... 26 27 Figure 5.03.02 F.4. 28 29 Hilo 1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 1 5. Fences and walls shall be constructed to present a finished side of the fence or 2 wall to the adioininq lot or any abutting right-of-way- 3 4 a. If a fence, wall, or continuous landscape hedge exists on the adioininq 5 parcel, this provision may be administratively waived by filing the 6 appropriate application for consideration by the County Manager or 7 designee. 9 b. Barbed wire, razor wire, spire tips, sharp objects, or electronically 10 charqed fences are prohibited, except that the County Manager or 11 designee may allow the use of barbed wire in conjunction with a fence for 12 facilities where a security hazard may exist, such as a utility substation, 13 sewage treatment plant, or similar use. 14 15 G. Supplemental Standards 16 17 1. Fences on sites with structures which are subject to section 5.05.08 18 Architectural & Site Design Standards must comply with the following additional 19 standards: 20 21 a. Chain link (including wire mesh) and wood fences are prohibited forward 22 of the primary facade and shall be a minimum of 100 feet from a public 23 right -of -way. If these types of fences face a public or private street then 24 they shall be screened with an irrigated hedge planted directly in front of 25 the fence on the street side. Plant material shall be a minimum of 3 26 gallons in size and planted no more than 3 feet on center at time of 27 installation. This plant material must be maintained at no less than three - 28 quarters of the height of the adjacent fence (See Illustration 5.03.02 29 A.1. a. - 1). 30 31 b. Fences forward of the primary facade, excluding chain link, wire mesh 32 and wood are permitted under the following conditions: 33 34 i. Fences shall not exceed 4 feet in height. 35 36 ii. The fence provides either an open view at a minimum of 25 37 percent of its length or provides variation in its height for a 38 minimum of 15 percent of its length with a deviation of at least 12 39 inches. 40 41 iii. The fence style must complement building style through material 42 color and design. 43 44 2. Use of Chain link or wire mesh fencing (the requirements of this section are not 45 applicable to single family dwellings): 46 47 a. If located adjacent to an arterial or collector road in the urban coastal 48 area, the fence shall be placed no closer than three (3) feet to the edge 49 of the right -of -way or property line. 50 209 1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Tam str kethrn nF is not InN to he deleted Bold text indicates a defined term 1 b. The fence shall be screened by an irrigated, living plant hedge at least 2 thirty (30) inches in height at planting and spaced a distance apart that 3 will achieve opacity of 80 percent sight - obscuring screen within one (1) 4 year of planting. 6 Removed c. 7 3. Barbed wire is only authorized within agricultural, commercial, industrial districts 8 and on fences surrounding public utility ancillary systems in all districts. 9 Razor or concertina wire is not permitted except in the case of an institution 10 whose purpose is to incarcerate individuals, i.e., a iail or penitentiary, or by 11 application and decision by the County Manager or designee. 12 13 H. Wall requirement between residential and nonresidential development 14 15 Whenever a nonresidential development lies contiguous to or opposite a residentially 16 zoned district a masonry wall, concrete or pre- fabricated concrete wall and /or fence 17 shall be constructed on the nonresidential property consistent with the following 18 standards. 19 20 1. Height and Location. 21 22 a. If located on a contiguous property, then height shall be 6 feet to 8 feet 23 and placement shall be no less than 6 feet from the residentially zoned 24 district. 25 26 b. If located on a property opposite a residentially zoned district but fronting 27 on a local street or roadway, or the properties are separated by a platted 28 alley, then height shall be 4 feet and placement shall be a minimum of 3 29 feet from the rear of the right -of -way landscape buffer line. 30 31 C. If a property fronts on more than 1 street, then height shall be 6 feet and 32 placement shall be required along the street which is opposite the 33 primary ingress and egress point of the project along the street frontage 34 which is adiacent to the rear of the project. 35 36 d. These regulations shall not be construed to require a masonry wall and /or 37 fence for properties used as golf courses or preserve areas and non - 38 residential development fronting on an arterial or collector roadway 39 where the opposite side of such roadway is zoned residential or to be 40 otherwise inconsistent with the provisions of section 5.05.08(B) of this 41 Code. 42 43 2. Landscaping requirements. 44 45 a. When the placement is within the required landscape buffers, then the 46 required vegetative plantings and irrigation for the buffer shall be located 47 on the external side such that 50 percent of the wall and /or fence is 48 screened within 1 year of the installation of the vegetative material. 49 50 b. When the placement is outside of a required landscape buffer, then the 51 wall and /or fence shall be screened with an abutting. continuous 210 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new tent to be added. T..N eta kethrn n4. is GUrFent text to be clelptpd 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. 5 1 Timinq 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 is 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 4. Deviation from wall requirement. a. At the applicant's reauest. the Countv Manaaer or desianee ma determine that a masonry wall and /or fence is not warranted, particularly where the local street lies contiguous to the rear of a residence or some other physical separation exists between the residential development and the nonresidential development, or for other good cause including the existence of a wall on an adjacent residential development. The applicant shall demonstrate that the intent of this section can be effectively accomplished, without constructing a wall, by submitting for approval of an alternative design and a descriptive narrative through the administrative variance process set forth in subsection 5.03.02 B.2.b. of this Code. The County Manager or designee shall review the submitted documents for consistency with the intent of this section and, if the administrative variance is approved, the approval and its basis shall be noted on the site development plan and the administrative variance approval letter. I. Special fences and walls 1. Sound Walls a. Sound walls erected by, or at the direction of, any government entity for purposes of attenuating sound from an interstate, collector or arteriaf roadways shall be exempt from height restrictions. 2. Public utility ancillary facilities. a. See subsection 5.05.12. 211 1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text Bold text indicates a defined term 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 This page intentionally left blank, 18 212 1 \09 Amend the LDC\2009 -Cycle 1\LDC Packet \may 17 BCC Pkt \BCC Pktt (050510).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. Bold text indicates a defined term LDC Amendment Request ORIGIN: CDES AUTHOR: David Weeks, AICP, Planning Manager DEPARTMENT: Comprehensive Planning AMENDMENT CYCLE: 2009, Cycle 1 LDC PAGE: LDC5:18 LDC SECTION(S): 5.04.04 Model Homes and Model Sales Centers CHANGE: Amend Subsection 5.04.04.A. and B. to: (1) allow model homes and model sales centers in all subdivisions within the A, Rural Agricultural zoning district, not just rural subdivisions; (2) make model homes and model sales centers in the E, Estates and A, Rural Agricultural zoning districts subject to the same requirements and standards as those in residential zoning districts; and, (3) make corresponding minor edits for brevity. REASON: To bring the LDC into conformance with the Golden Gate Area Master Plan Element ( GGAMP) of the Growth Management Plan (GMP); more specifically, the Estates designation, Estates - Mixed Use District, Conditional Uses Subdistrict, Special Exceptions to Conditional Use Locational Criteria provision (for the "E" zoning district). Also, for uniformity in application of this LDC provision (for the A" zoning district). GMP amendment petition CPSP- 2006 -13 was adopted on October 14, 2008. In part, it amended the GGAMP to mandate model homes in the Estates -Mixed Use District, as designated on the GGAMP Future Land Use Map (all of which is located in Golden Gate Estates and, with rare exception, is zoned "E "), be subject to the requirements of Section 5.04.04B. and C. The GGAMP provision is below, with the specific text highlighted for emphasis. 2. ESTATES DESIGNATION A. Estates — Mixed Use District 3. Conditional Uses Subdistrict e) Special Exceptions to Conditional Use Locational Criteria 1. Temporary use (TU) permits for model homes, as defined in the Collier County Land Development Code, may be allowed anywhere within the Estates -Mixed Use District. of Ordinance No. 04 -41, as amended. Such conditional uses shall not be subject to the locational criteria of the Conditional Uses Subdistrict, and may be allowed anywhere within the Estates -Mixed Use District. 213 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).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 str l(ethro gh is current text to be deleted. Bold text indicates a defined term FISCAL & OPERATIONAL IMPACTS: None. Operationally, though not presently explicitly required in the LDC, the County has been applying the requirements and standards of Subsection 5.04.0413. and C. to applications in the "A" and `B" zoning districts. RELATED CODES OR REGULATIONS: Golden Gate Area Master Plan Element of the GMP. GROWTH MANAGEMENT PLAN IMPACT: The GMP only contains language explicit to location of model homes applicable to the "E" zoning district. This LDC amendment will bring this subsection of the LDC into conformance with that GMP provision. OTHER NOTESNERSION DATE: 7/17/2009 Amend the LDC as follows: 5.04.04 Model Homes and Model Sales Centers A. Model homes and model sales centers are intended to facilitate the sale of the model design or of products similar in design to the model. Model homes and model sales centers shall be of a temporary nature and may be allowed in the following zoning districts: 1. Any residential zoning district or residential component of a PUD, in the estates zoning district, and in the agricultural zoning district as part of a rura+ subdivision, by the issuance of a temporary use permit. 2. However, a model center as a permitted use within a PUD, and not located within a dwelling unit or a temporary structure, such as a trailer, shall not require a temporary use permit. B. Model homes and model sales centers located within residential zoning districts, or within a residential component of a PUD, the estates zoning district, or the agricultural zoning district, shall be restricted to the promotion of a product or products permitted within the F86ident;al zoning district er PUD in which the model home or model sales center is located and further subject to the following: A All model home site plans shall adequately address the following standards: 214 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).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 17 Text underlined is new text to be added. ,.. �T .may.. is Gu.. en e�. to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: CDES AUTHOR: Catherine Fabacher, AICP DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC5:21 -24 LDC SECTION(S): 5.04.05 Temporary Events CHANGE: Rewrite beginning of section for clarification and to conform to the new provisions inserted from section 5.06.00. REASON: The sign code was revised as a result of provisions found to be in violation of the First Amendment by federal circuit court. Provisions for temporary signs have been removed from the sign code and relocated in section 5.04.06 Temporary Signs. When the new provisions were inserted during the sign code revision, the rest of section became disjointed and confusing; therefore, the section has been reorganized. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: 5.06.00 SIGN REGULATIONS AND STANDARDS BY LAND USE CLARIFICATION. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: Created on June 26, 2009. Revised August 23, 2009. Revised March 15, 2010. Revised April 27, 2010 (cao). Amend the LDC as follows: CHAPTER 5 SUPPLEMENTAL STANDARDS 5.04.00 Temporary Uses and Structures 5.04.01 GeneFal y (To Be PFGY' ed Temoorary Use Permits 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 5.04.06 Temporary Signs 5.04.07 Annual Beach Event Permits 215 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 1 5.04.08 [Reserved] 2 3 a + • • + « + r. :r a :e ■ 4 5.04.00 TEMPORARY USES AND STRUCTURES 5 6 5.04.01 Temporary Use Permits. 7 8 A. Purpose and intent. Based upon the nature of some uses, their impact on adiacent 9 uses, their compatibility with surrounding properties, and the length of time a use is 10 intended to function there is an identified need to allow certain temporary uses within a 11 development site, and to provide for other types of temporary uses such as special 12 events sales and promotions. It is the intent of this section to classify temporary uses 13 and to provide for their permitting. [Relocated, was 10.02.06 G.1, see page 17 of this 14 document] 15 16 B. General. The County Manager or his- designee, may grant a temporary use permit for 17 requests that demonstrate compliance with the intent of this section and Chapter 5 of 18 the Code. Approvals for such requests shall be based upon, but not limited to, the 19 applicant's description of the temporary use, the intended duration of the use, hours of 20 operation and the impacts of the proposed temporary use on adjacent properties -.—M 21 .,u inglude . e ot„ni site olan , a site 22 23 24 simultaneously with the tin.'n of a ti 'lain peFmit pliGatie, if FequiFed. 25 [Partially relocated, was 10.02.06 G.2 (remainder is 10.02.06 G.4.), see page 17 of 26 this document] 27 28 5.04.02 Interim Agricultural Uses 29 t 30 5.04.03 Temporary Uses During Construction 31 32 5.04.04 Model Homes and Model Sales Centers 33 34 5.04.05 Temporary Events 35 36 A. Temporary Sales�. Special Events. 37 38 1. Sales and Promotional Events. 39 40 i. a. In t,, -the sa6e-ef-A temporary use permit is required for temporary sales 41 and /or promotional events on non - residential property, such as grand 42 openings, going out of business sales, special promotional sales, 43 sidewalk sales, overstock sales, tent sales, or other similar uses 44 (eXGlusive of garage ale lawn sales, n rn in, private he rne. sales) 45 the County Manager OF designee signe gFant n able n ..,;t.. for Fnay 46 sales and promotional events related to the principal activities in 47 operation at the subject property, unless otherwise provided for in this 48 50 does not exceed twe.nt y eight (28) days. A ,it; tenant building of ten 216 IA09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc 2 Text underlined is new text to be added. Text stFikethFough s ougent text to be deleted. Bold text indicates a defined term 10 11 b. A temporary use permit for sales or promotional events shall meet the 12 procedural requirements of Section 10.02.06 G. 13 14 2 C. TompE)F;a Fy sales o Fnits may, in support of the e being ...itte d 15 n l +o + o nh n nen« of one (1) sign, a ,,,....imu m, of thirty twe (32) 16 M\ suoh signs for ro eFtieS Gentaining .,v.° than one 17 (1) street frontage. in addition to the allowable S.gRG, MeFGhandise, 18 ternpoFary struGtures, and equipment maj be .. id on the site. All 20 21 to the minknum yaFd Feq on+c of 8.n tjkt,rIna 'n vih'Gh it is IGG. tee. f 22 the tempemizy use k; not upon expiinatien of the , 23 shah hP .+nn Pd I nln+'n of this DC and shall be L.' et to the 24 alpc e;n. 25 In support of the proposed temporary sale or event, temporary signs 26 merchandise, structures, and equipment may be placed subject to 27 approval of a site plan depicting same. 28 29 i. Temporary signage shall be subject to the restrictions set forth in 30 section 5.04.06. 31 32 ii. All temporary structures and equipment, merchandise or 33 placement and parking of vehicles in coniunction with the 34 temporary sale, shall conform to the minimum yard requirements 35 of the zoning district in which it is located. 36 37 iii. A building permit may be required for the erection of temporary 38 structures. 39 40 0. d. Temporary ales use permits for sales may be issued to the owner(s) of 41 a commercial establishment, or to the tenant(s) operating within a 42 commercial establishment with the approval of the property owner or 43 property manager, provided said tenant provides documentation of a 44 current annual lease with the property owner. Uses permitted by an 45 approved temporary sales permit shall be operated by the property owner 46 or tenant(s), except as provided for in sections 5.04.05((A)(5) 5.04.05 47 A.1 •g• and 5.04.05(A)(6) 5.04.05 A.1.h. below. 48 49 4. e. Temporary ales use permits for sales shall be restricted to those zoning 50 districts in which the sale of the items would normally be permitted. 31 Further, the sales activity permitted by the temporary use permit shall be 217 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 1 related to the principal commercial activities in operation on the subject 2 property, except as provided for in subsections 5.04.05(A)(5) 5.04.05 3 AAA. and 5.04.06(A)(5) 5.04.05 A.1.1h. below. The issuance o 4 teFnPGFaFy use penrnit shall nnt he PSSUed feF URdeveloped piropert es. 5 6 f Special event temporary use permits shall not be issued for undeveloped 7 properties with exception to pre- construction ground breaking events 8 with a valid development order. [old /struck portion of 5.04.05 A.4. with 9 added provision for ground breaking ceremonies which would otherwise 10 be prohibited (above)] 11 12 The County Manager or designee may issue temporary use permits for 13 satellite locations subject to the applicable restrictions set forth in this 14 section, provided the applicant currently operates a business from a 15 permanent, approved commercial location within the County. Additionally, 16 the purpose of the temporary sale shall be the same as the principal 17 purpose of the existing commercial business of the applicant. 18 19 fir. h. The County Manger Manager or designee may, in determining a specific 20 benefit to the public, grant a temporary use permit to facilitate the sale of 21 an item or items not generally available within a specific planning 22 community, subject to the applicable restrictions set forth in this section. 23 24 7 n temporary sales ........'4 shall meet the pr. Ged oral . e ten, n ...enf_ of Chant . 10 25 The appliGant Chan .1°...` nStFate that . _ ._._.. will be axle to adequate! 26 : [Relocated to 10.02.06 G.4 (see page 18)] 27 28 a. Veh la. and ped9Str'a.. traffic ...___... __. 29 30 b. n�ddrtit ronm -P °r k Tr r ep ... em ent.s . n m ... m of ten i 1 m i rar aant of the 31 parking FequiFed of this Gode Fn Y 138 9GGupqed OF 32 etherwose n.dere.l ..r able by the ..lane.. nt of tai .era _. _t 33 equipment, signs BFGhandise. The FnmniFnUFn FeqUiFed n mher Of 34 hand n e.d spanen o rn apt to nert;er n nn 00 shall . .. .. .aaahl_ 35 fGF Lisage. 36 37 6. Limited YCt _:t., houits 38 39 d. Watnhmen fenGing, and light'.. 40 41 e. FiFe ffateGtien 42 43 f. SaRitaFy faoait es. 44 45 46 GGIRditions of this peFFRit. 47 48 [Re- located; 5.04.05 C (page 7), 5.04.06 A.3.f (page 8), and 5.04.06 BA.d (page 8)] I In the F sales, ales p.d ether c milar 4 9 i1. 6arz'ige�a.es� ease— or -ya;;� , 50 t8FRPGFaFy sales h held ales o e e at n.'.. 'ate _.. os _hur. hes and other planes of hm 51 _!'._. __..._._p:t., s .pters eF ethe. 1101113FEAt r sidept' ally Z9Red stit. tines `C K` 1: \09 Amend the LD02009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added 1 the GOURty MaRagBF or designee rnay issue one (1) 9 11' 9' 5 Bash. No signs shall be PlaGed in any publiG Fights of way. if the tempeFaPy-u- - 6 is net diSGOntinued upon expiFatien of the peFFnit, it shall -he r;ensid- 9 2. Tempe nts. 10 [Relocated w/ modification, was old 10.02.06 G.4. (see page 22 of this document)] 11 12 a. '^ the GaseofA temporary use permit is required for sports events, 13 religious events, community-events, or other similar events sponsored by 14 profit, nonprofit, charitable, civil, or membership organizations, on lands 15 not specifically developed and approved for such activities on a regular 16 basis. —he —The County Manager or his designee may grant a 17 nonrenewable temporary use permits of up to 2 wee, 14 days duration; 18 for such events. ^ ^h that dUPORg any Gal8RdaF the ^ m ` ^` °' ^f ^" 19 p° .nits for soh o o ont dno n not o .. od 28 days To.nornni n Fnit& 20 Fnay be allowed fo... additional o od of up to A weeks when approved 21 22 at° to the SUGh u cation f^ deemed 2 3 ' equest��st +p�,s-- or- sa„sNa;:,<^- -�,,,� 24 ReGes6aFy by the Daa.d of G- OURt., Gemmissiona..- shall be noted as 25 GGRditiGRS to the issuance of said n m;tG; and the n mite^ shall be 26 27 28 b. Temporary use permits of this type may, in support of the use being 29 permitted, include the placement of temporary signs, merchandise, 30 structures and equipment, and a mobile home as an office, but not for 31 residency. If the temporary use is not disoontinued UPOR eXPiFatiOR of the 32 m't it shall be o od a oiat'o of the and develop mont Code and 33 shall be d I ^ h'ont to the penalties theFein 34 35 i. Temporary signage shall be subject to the restrictions set forth in 36 section 5.04.06. 37 38 ii. A building permit may be required for the placement and /or 39 erection of temporary structures. 40 41 C. Temporary use permits in this category shall be restricted to those zoning 42 districts in which the use would normally be permitted, unless otherwise 43 approved by the Board of County Commissioners via a public petition 44 req uest. 45 46 d. The County Manager or his designee shall accept without fee, temporary 47 use permit applications for sports events, religious events, community 48 events, or other similar events, upon presentation of documentation that 49 the sponsor of the event is a bona fide nonprofit organization and the 50 event is intended to benefit the community at large, or a specific group of 51 individuals„ . Two such events per 4V I: \09 Amend the LDC\2009 -Cycle 1\LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Texts . Bold text indicates a defined term 1 calendar year per organization are eligible for this-exemption-permit. 2 3 3. Special Event time limits. 4 [Re- formatted, from 5.04.05 A.1 (above)] 5 a. The County Manager or designee may grant nonrenewable temporary 6 use permits of up to fourteeR (14) 14 days duration, such that during any 7 calendar year the sum total duration of all permits for such events for that 8 location does not exceed t�•�wenty-eig t -(28) 28 days. 9 10 b. For multiple occupancy parcels with 10 or more tenants the total duration 11 of all such permits shall not exceed 42 days per calendar year. 12 13 C. Temporary use permits for special events may be extended up to an 14 additional 4 weeks when approved by the Board of County 15 Commissioners. Such approval may be subject to stipulations and 16 additional constraints which shall be noted as conditions of the permit 17 and the permittee will be required to sign a notarized agreement to abide 18 by such conditions. 19 20 B. Temporary seasonal sales. A nonrenewable five (5) 5 -week temporary use permit may 21 be issued for seasonal and holiday - related temporary sales subject to the following 22 restrictions. 23 24 1. Temporary use permits for seasonal sales may be issued only for the following 25 seasonal /holiday related items: 26 27 a. Christmas trees. 28 29 b. Fireworks (subject to the issuance of an approved permit by the 30 jurisdictional fire district). 31 32 C. Pumpkins. 33 34 2. Temporary use permits for seasonal sales may be issued on improved or 35 unimproved properties_— prv:;eed *— .h`— applsant submits a - -GSP —r ;iGh 36 demene.tretes that provisions will be made 1e adequately address n Gh of the 37 following: 38 [Struck portions of subsection mostly relocated to 10.02.06 GA (Page 18)] 39 40 a. \ /el.'e L+r and pedestrian traffic safety me 41 42 b. Adequate on site, OF additia al off site aFki ,, f,,. , ed 43 pirepeicties. A maximum of ten (10) n n1 of the perking r ed by 44 45 U116isable by the placement of tempo StFUGtUFec eqUiPFAeRt, 46 3Rd Rqer ti nd' The ti of ti d d Bv�a��alBc. rnc�nmmn' �" m� 'c"gm"�cv�rvn"moci�rnmiviovppca 47 erL'n spaGeG nt to eetien A 04 nn shall rpmain available far 48 usage. 49 50 G. I 'mrted eetivi ty hours 51 220 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).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. Bold text indicates a defined term 3. The applicant shall provide a notarized letter from the property owner or property manager granting permission to utilize the subject property for the temporary seasonal sales. 4. Temporary use permits for seasonal and /or holiday sales may, in support of the use being permitted, include the placement of one "` Sign, ^ maximum of thiFt i. Temporary signage is subject to the restrictions set forth in subsection 5.04.06 A & B. ii. A building permit may be required for the erection of temporary structures. FA portion of 5.04.05 A.B. (see page 4 of this document)l C. Garage sales: In the case of garage sales, lawn sales, and other similar temporary sales to be held at private homes, churches and other places of worship, community centers, or other nonprofit residentially zoned institutions, the County Manager or designee may issue one 2 -day permit for such events during each 6 month period. 5.04.06 Temporary Signs. [Ord. 09 -55, page 6 of 12] A. Resewed [Ord. 09 -55, page 6 of 12] A. A temporary use permit is required for the placement of any temporary ground sign, snipe sign, or banner that is not otherwise lawfully Permitted. Temporary signs shall be allowed subject to the restrictions imposed by this section. be as established in the fee schedule for the services performed by the Community Development and Environmental Services Division. 2. Temporary signs and banners shall not be erected prior to obtaining the appropriate temporary use permit, and shall be removed on or before the expiration date of the temporary use permit authorizing said sign. 221 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added Bold text indicates a defined term 1 2 3. Standards applicable to all temporary signs. 3 4 a. Temporary signs and banners permitted by authority of this section shall 5 not be placed within any public right -of -way. 6 7 i. Sign placement shall not obstruct or impair the safe visibility. 8 ingress, or egress of pedestrians and motorists. 9 10 b. The occupant of a lot, parcel, multi- tenant parcel or mixed use building, 11 may display 1 on -site temporary sign: a second such sign may be 12 displayed on a property having a second street frontage. 13 14 C. Absent specific standards to the contrary, temporary signs shall be 15 located onsite and no closer than 10 feet to any property line. 16 17 d. Temporary signs and banners used on nonresidential or mixed use 18 properties shall not exceed 32 square feet in sign area or 8 feet in height. 19 20 e. Temporary signs used on residentially zoned properties shall not exceed 21 4 square feet in area or 3 feet in height. 22 23 24 B. Temporary Sign Permit Types and Standards. [Ord. 09 -55, page 6 of 121 25 26 1. Temporary Events. A temporary use permit for a temporary event, issued per 27 section 5.04.05., shall allow for the placement of temporary signage as classified 28 and regulated herein. [Ord. 09 -55, page 6 of 12] 29 30 a. A "sign only" temporary use permit may be issued for temporary ground 31 signs and banners used to promote a sale, event, or activity not requiring 32 a temporary event temporary use permit per section 5.04.05 of this Code. 33 Such uses include, however are not limited to, study or course offerings, 34 vacation camp, non - public indoor events, and sales events occurring 35 within the confines of an established business. [Ord. 09 -55, page 6 of 12] 36 37 i. "Sign only' temporary use permits will be allowed, regulated, and 38 enforced as special event signs. [Ord. 09 -55, page 6 of 12] 39 40 ii. Time limits for 'sign only' temporary use permits shall be the same 41 as those for special events, see subsection 5.04.05 A.3. 42 [Ord. 09 -55, page 6 of 12] 43 44 b. Special event signs. [Ord. 09 -55, page 6 of 12] 45 46 i. Special event signs shall be erected not more than 15 calendar 47 days prior to the supporting event and shall be removed within 7 48 calendar days after the event has taken place. 49 [Ord. 09 -55, page 6 of 12] 50 51 C. Seasonal Sales signs. 222 1 : \09 Amend the LD02009 -Cycle 11LDC Packet \may 17 BCC Pkt \BCC Pktt (050510).doc Text underlined is new text to be added. Text str i(ethr o gh 15 6 IFFPnt text to be wlptPO Bold text indicates a defined term 1 [authorized by 5.04.05 B.4., (see page 7 of this document)] 2 3 fA portion of 5.04.05 A.B. (see pace 4 of this document)l 4 d. Garage sales signs. Two temporary signs may be placed on the propert y 5 where the sale is being conducted. 6 7 2. Grand Opening signs. A one -time 14 -day nonrenewable grand opening sign 8 only temporary use permit may be issued upon the opening of a new business, 9 or the approved relocation of an existing business. [Ord. 09 -55, page 6 of 12] 10 11 a A current valid Collier County Business Tax Receipt or an approved Land 12 Use and Zoning Certificate (Non - Residential) may serve as evidence of 13 the new business, or location, opening. [Ord. 09 -55, page 6 of 121 14 15 b. A separate permit is not required for a grand opening sign if being placed 16 in conjunction with a special event temporary use permit issued per 17 subsection 5.04.05 A.1. [Ord. 09 -55, page 6 of 12] 19 19 C. A grand opening sign- temporary use permit may only be obtained within 20 the first 3 months of establishing a new business or location. 21 [Ord. 09 -55, page 7 of 121 22 23 d. A grand opening sign is limited to an anchored banner. 24 [Ord. 09 -55, page 7 of 121 25 26 e. A "sign only' temporary use permit for a grand opening sign shall be 27 exempt from the annual time limitations identified in subsections 5.04.05 28 A.3.a. and 5.04.06 C.1.a.ii. [Ord. 09 -55, page 7 of 12] 29 30 3. "Coming Soon Signs." A onetime non - renewable temporary use permit may be 31 granted, for a coming soon sign located within a non - residential zoning district, 32 subject to the following: [Ord. 09 -55, page 7 of 12] 33 34 a. As applied in this section, a coming soon sign is defined as a ground 35 sign used to inform the public of the intended opening of a new business. 36 [Ord. 09 -55, page 7 of 12] 37 38 b. A temporary use permit for a sign shall not be issued until the applicant 39 has applied for a building permit for the principal structure. 40 [Ord. 09 -55, page 7 of 12] 41 42 C. The temporary use permit number shall be placed at the base of the sign 43 not less than '/2 inch from the bottom. [Ord. 09 -55, page 7 of 12] 44 45 d. The sign shall not be displayed for a period more than 6 months from the 46 issuance of the temporary use permit or until the issuance of a permit for 47 the permanent sign, whichever occurs first. The nonrefundable fee for 48 this temporary use permit shall be as set forth in the fee schedule for the 49 services performed by the Community Development and Environmental 30 Services Division. [Ord. 09 -55, page 7 of 12] 223 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text StFikethFOUgh is GUFFeRt t )(t to be deleted. Bold text indicates a defined term 1 2 4. °ems:eJTemporarV business identification signs. A temporary use permit 3 allowing for the temporary placement of a sign solely for the purpose of 4 displaying a business name for an existing business undergoing a permitted 5 renovation remodel or repair that would require the temporary removal of an 6 existing legally conforming sign. 7 8 a As applied in this section, the sign must be constructed of wood, plastic, 9 or other similar material may not be a banner sign, and is limited to 16 10 square feet. 11 12 b. If placed in a shopping center or multiple occupancy building, the 13 temporary siqn for each business must be of similar color, lettering, and 14 Style. 15 16 C. The sign may be affixed to the building or free - standing in front of the 17 building so long as the sign does not obstruct or interfere with pedestrian 18 or vehicular traffic, parking or fire lanes, or access to adjacent units. 19 20 d The sign may remain in place for no longer than 120 days, until 21 construction has been completed, or a permanent sign is installed 22 whichever occurs first. 23 24 (This subsection was changed and relocated from 5.06.04 F.9.b. (page 15 of this 25 document)] 26 5 Temporary sign covers. A non - renewable temporary use permit is required to 27 erect a temporary sign cover over an existing sign unless otherwise provided 28 herein. Temporary signs shall be allowed subject to the restrictions imposed by 29 this section. 30 31 a. A sign cover made from white vinyl or canvas may be authorized for an 32 existing ground or pole sign for 120 days, or when the permanent sign is 33 installed whichever occurs first, after which time the cover shall be 34 removed, regardless of whether or not the sign face has been replaced. 35 36 37 6. Election and Referendum signs. Signs for elections and referendums shall be 38 permitted subject to the following requirements: [Ord. 09 -55, page 7 of 12] Mo 40 a. A bulk temporary permit shall be obtained prior to the erection, 41 installation, placement, or display of signage before elections and 42 referendums. The fee for the bulk permit shall be as set forth in the fee 43 schedule for the services performed by the Community Development and 44 Environmental Services Division. [Ord. 09 -55, page 7 of 12] 45 46 b. The bulk permit number shall appear on every sign or on the pole 47 supporting the sign. [Ord. 09 -55, page 7 of 12] 48 49 C. All signs for which the permit is issued shall be removed within 7 days 50 after the event. Each sign not removed within the required time shall 224 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. F:I. thM gh is G ent text to be dP.1Pt...J Bold text indicates a defined term 1 constitute a separate violation of this Code. The permittee will be subject 2 to issuance of a citation for each violation from the Collier County Code 3 Enforcement Board. [Ord. 09 -55, page 7 of 12] 4 5 d. Signs erected within residentially zoned or used property shall not 6 exceed 4 square feet in area and 3 feet in height, and shall be located 7 on -site and no closer than 5 feet to any property line. s [Ord. 09 -55, page a of 12] 9 10 e. In all other zoning districts, such signs shall not exceed a maximum sign 11 area of 32 square feet peF sign and 8 feet in height, except when affixed 12 to the surface of a building wall, and shall be located no closer than 10 13 feet to any property line. The quantity of such signs shall be limited to 1 14 sign for each lot or parcel per bulk permit issued. 15 [Ord. 09 -55, page 8 of 12] 16 17 I In addition In e bulk lemnemn e e m'1 e building permit shall 18 . [Ord. 09 -55, page 8 of 121 19 20 N. All n erin shall he n rely Will n6tF steal Anal v eolerd tG 21 senferm to the r nln of the Cloe Q ll d'n Code 22 [Ord. 09 -55, page 8 of 12] 23 24 F11 The maximum height of o sign or ester shall he limited- te 4 25 feel a enl for GigRs affixed le the o rfeoe of a building .all 26 [Ord. 09 -55, page a of 121 27 28 29 5.04.07 Annual Beach Events Permits [Ord. 09 -55, page 8 of 12] 30 31 A.. The owner of beach -front commercial hotel -resort property shall apply for an annual 32 beach events permit. The County Manager or his designee, OF his designee, may grant 33 the permit following review of an application for such permit. The application shall be 34 submitted on the form prescribed by Collier County together with the applicable fee for 35 the number of planned annual beach events as indicated on the permit form and 36 exhibits thereto. Permits issued pursuant to this section are not intended to authorize 37 any violation of F.S. § 370.12, or any of the provisions of the Endangered Species Act of 38 1973, as it may be amended. 39 40 B. For purposes of this section, a "beach event' shall mean and refer to any social, 41 recreational or entertainment event (whether public or private), conducted on the beach 42 and satisfying one or more of the following criteria: 43 44 1. The event involves the use of dining /picnic tables and chairs, serving tables, or 45 other ancillary equipment typically used to serve an on -site meal; or 46 47 2. The event involves the use of staging equipment, amplified music, or the use of _ 48 other types of electrical equipment for purposes of enhanced light and /or sound; 19 or 50 225 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 1 3. The event: 2 3 (a) Is attended by 25 or more people and is organized by or with the help of 4 the commercial property owner; and 5 6 (b) Is of a nature not commonly associated with the day -to -day use of the 7 beach by the general public. 8 9 C. Notice of scheduled events: 10 11 1. On or before the 25th day of each calendar month, the holder of such permit 12 shall cause Collier County to be furnished with written notice of all beach events 13 scheduled for the following month, in the form and content made a part of the 14 annual beach events permit application. The notice shall indicate the date, time 15 and duration of each event. 16 17 2. If a beach event is scheduled after the monthly notification has been furnished to 18 Collier County, the property owner shall furnish the county with a separate 19 written notice at least 48 -hours prior to such event. 20 21 3. All notices or documents furnished to Collier County pursuant to the permit or 22 these regulations shall be sent to Collier County Planning Services Department 23 and for events that occur during sea turtle nesting season, to the Collier County 24 Natural Resource Department as well. 25 26 D. Event cancellations and postponements: 27 28 1. If a scheduled beach event is canceled or postponed, the property owner shall 29 furnish Collier County with written notification of such cancellation or 30 postponement. It is understood that weather conditions may cause last minute 31 cancellations, however the property owner shall make every effort to notify the 32 county staff a minimum of four hours prior to the scheduled event time. If such 33 event is rescheduled, notice of the date and time of the rescheduled event shall 34 be provided. 35 36 2. If a beach event is canceled or postponed, and no other beach events are 37 scheduled for the date of the canceled /postponed event, and Collier County has 38 been notified of such cancellation or postponement, then the canceled or 39 postponed event shall not count towards the maximum number of beach events 40 authorized by the permit. 41 42 E. Sea turtle nesting season. Annual beach events which occur during sea turtle nesting 43 season (May 1st through October 31st of each year) are also subject to the following 44 regulations: 45 46 1. All required Florida Department of Environmental Protection (FDEP) field 47 permits, shall be obtained and a copy furnished to Collier County prior to the time 48 of the scheduled event as set forth in section 6.94:96(G) 5.04.07(Cl. 49 50 2. Consistent with section 10.02.06, and the Code of Laws of Collier County, no 51 structure set up, or beach raking or mechanical cleaning activity for any 226 I V9 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).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 �l Text underlined is new text to be added Bold text indicates a defined term particular beach event shall 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. 3. 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 out from each sea turtle nest that has been identified and marked on a beach, unless a greater distance is required by an applicable state permit. 4. Use of vehicles on the beach is prohibited, except as may be permitted under Section 10.02.06 I. 5. Consistent with section 10.02.06, all materials placed on the beach for the purpose of conducting permitted beach events: 1) must be removed from the beach by no later than 9:30 p.m. of 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 permit. 6. All lights that are visible from the beach and cast a shadow thereon shall be turned off by no later than 9:00 p.m. of the date of the event. 7. Identification of sea turtle nests on the beach may cause the beach event to be relocated from its planned location or to have additional reasonable limitations placed on the event pursuant to the recommendation of Collier County staff in order to protect the identified sea turtle nests in this permit; except that county staff may relocate a staging area as provided for in section 6.04.06 5.04.07, as part of its daily sea turtle monitoring. 8. Pole lighting, and any other object or structure designed to penetrate the beach surface by more than three inches shall be subject to the approval of the FDEP and Collier County. 9. A copy of all notices required by any permit or these regulations must also be provided by the permit holder to the County Manager or designee. Note: When a state permit is more restrictive than the Code requirements, the State requirements shall supersede, and the county shall enforce these requirements. F. Penalties. Notwithstanding the penalties set forth elsewhere in this Code, the following violations of this section are subject to the following penalties, except that the annual beach events permit may not be suspended or revoked: 1. Violations which do not occur during sea turtle nesting season, i.e., occur outside of sea turtle nesting season, are subject to up to a $500.00 fine per violation. 2. Violations which occur during sea turtle nesting season and are: a. Any activity that may cause immediate harm to sea turtles or their nesting 227 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktt (050510).doc T Text underlined is new text to be added. Toe .: kethr.. ..6 'n GLIFFeRt text to be deleted. Bold text indicates a defined term 1 activities; which include, but are not limited to the following: 1) setting up 2 a beach event prior to daily sea turtle monitoring; 2) failing to remove 3 beach event materials from the beach by 9:30 p.m.; 3) failing to have 4 lights, so required, turned out by 9:00 p.m.; or 4) not placing additional 5 barriers around nests as required by section 5.04.06; are subject to the 6 following penalties: 7 8 First violation: $1,000.00 fine. 9 Second violation: $2,500.00 fine. 10 Third or more violation: $5,000.00 fine. 11 12 b. Any activity that would not cause immediate harm to sea turtles or their 13 nesting activities; which include, but are not limited to the following: 1) 14 failing to notify the county of a beach event; 2) failing to provide the 15 county with copies of Florida Department of Protection permits prior to 16 each beach event; or 3) having beach event materials or related 17 structures set, placed, stored on, or within ten feet of any beach dune; 18 are subject to up to a $500.00 fine. 19 (Ord. No. 05 -27, § 3.CC) 20 21 22 5.04.08 [Reservedl 23 24 25 26 5.06.04 Development Standards for Signs in Nonresidential Districts. OW IA 29 [This subsection was struck, in its entirety, by Ord. 09 -43 (page 42 of 89), Elements 30 returned as new 5.05.06 13.6. by Ord. 09 -55 (page 7 of 12); now page 10 of this document] W-1 1:%09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc .. 37 RUFRb8F shall appear an eve-, V.� 38 sign. The fee for said bull �y as a8apte� 39 resolution by the beaFd Of GOURty GOrnmissieReFs. All for the Signs 40 Agndid;;tp eF the issue for whiGh the pei:Fnit issued- rril-1,4 he was 42 event that the GigR peFta RS to. Failure to timely Ferneve eaGh GUGh 43 sign Will Ganstitute a sepaFate VielatieR this Cede the ef and 4S County Gede F=RfOFGeFnent and all other penalties by law. allowed 47 RGIitiGal G posters within 9F Fesidentially zoned 48 used PFOpeFty shall Rat eXGBed 4 squaFe feet in and she'! no size, 49 be located nlaspr than fivp feet to aRy pFopeFty line. PolitiGal signs S1 ftem ttp.Q_swzq�4 owner. W-1 1:%09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text str kethra. ..4.'.... ffeRt text to be deleted. Bold text indicates a defined term 1 .•.. 2 Ni. OaIBlnal .. .. petite. .:II ho permitted- ... MII Other n �'n . r _ r_... ..._.- .. ...e 3 zoning et'strirts :thin _ ...___..._... Gepy __ of 32 square feet p 4 , et n shall he located- n Glo sor than 10 fined 1e a prepeFt 5 Iln e.The. p ether of s Gh signs shall he limited to o signs fa. 6 let ol: paFG81 PeF bulk permit issued for each Gandidate G 7 issue. 8 9 iV all supports shall be s el.. built, GE)n6tFUGted and n eGted lG 10 GORfGFM with the requirements of this Cede. 11 12 The ,,,.a..,,,,..,,, height of � political v.., a n n v. V. height �. �%] Y...,v `^r..� ^y.. C�y� � ^r Fee 13 eXG8Pt these that may he affixed to a wall shall he limited to 9 14 feet. 15 16 VI Pel't'Gal signs shall not he enteet nt'I the Giese elate of the 17 18 as it n be e,,,„nded end- shall be removed .. thin 7 ealendcr e� 19 chews after te.m'nat'e of G RdidaG.. due to withdrawal, el'm at'o 20 21 has es6urre� 22 23 24 25 F. On- premise signs. On- premises pole signs, ground signs, projecting signs, wall s.. 26 signs, and mansard signs shall be allowed in all nonresidential zoning districts subject 27 to the restrictions below: 28 29 30 [The following subsections were added by Ord. 09 -43, page 71 -74 of 89) and are 31 now being re- located to 5.04.06 (page 7 of this document)] 32 33 [See 5.04.06 A. (page 7 of this document)] 34 9. Temporary signs. h temperaFy use peFMit isfequiredtoerem -a temPGFary sign 35 as sot forth in sestien 19.02.96 6., Unless ethewvse PFGvided herei^. 36 Annl:oants for temne.e.. e e mils shall pay the fee established for 37 temporary sign permit Temporary signs _hall he allowed bj t te the 38 etr,etle„„ „ need h this 6eGtlen .. ^d ethe elen:ant arts of the .retie. mre` �� rw� 39 . 40 41 a. Tem Gra ens An ___ ..ant of a na.Gel multi tenant na.eel Mixed rte, �� j signs. _s_... _. _ �-.. __ , .. ._.._... �_. �_. .. 42 a'se building, y display 1 _n site to pera Fy _......_._._I sign OF O V GL. 43 SigRS fear e.+ieG ptaininp me—re than 1 efteet f.entene of to 44 exGeed 32 s e feet in area or 9- feet On height Ceps hGe G4'an 5 04 05 45 n for time Iimils ee the display of tempor-ary signs. 46 47 I. C Gh signs shall bee. lee^ea..ted .. rn4n!rn-.�� of line feet terse.. -w `a:n. .a . v ^T 48 PFGpeFty line-. 49 30 [the subsection appearing below was modified (time limits changed for 51 consistency and graphics references removed) and relocated to 5.04.06 B.5 229 1: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet\rnay 17 BCC Pkt\BCC Pkt1 (050510).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 sWkethrough s current text to be deleted. Bold text indicates a defined term (page 10 of this document)] b. Tern..,.. le of .,,..,n OF Ganvas y be a thElFized for an 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 121 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: i. 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. 230 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text ntikethF. ..4. is ent text to hp deletpri Bold text indicates a defined term 1 2 b. On- premises signs within agricultural zoning districts in the urban area 3 shall comply with the requirements of section 5.06.04 of the Land 4 Development Code. 5 6 C. Wall, mansard canopy or awning signs within agricultural districts. 7 Wall, mansard, canopy or awning signs shall be permitted within 8 agriculturally zoned or used property, for agri - commercial uses defined 9 within the Collier County Land Development Code, and subject to the 10 following restrictions: 11 12 i. One wall or mansard, canopy or awning sign shall be permitted 13 for each principal use structure on the parcel. Corner parcels 14 or double- frontage parcels shall be allowed 1 sign per street 15 frontage, but such signs shall not be combined for the purpose 16 of placing the combined area on one wall. The maximum 17 allowable display area for any sign shall not be more than 20 18 percent of the total square footage of the wall to which it is affixed, 19 and shall not in any case exceed 250 square feet in area per sign. 20 21 11. Illuminated signs. All illuminated signs shall have electrical components, 22 connections, and installations that conform to the National Electrical Code, and 23 all other applicable federal, state, and local codes and regulations. Further, 24 lighted signs shall be shielded in such a manner as to produce no glare, hazard 25 or nuisance to motorists or occupants of adjacent properties; nor be reflective or 26 fluorescent; and shall have a steady non - fluctuating or non - undulating light 27 source. [Ord. 09 -55, page 10 of 121 28 29 12. Mobile billboard. It shall be unlawful for any person to display any mobile 30 billboard. [Ord. 09 -55, page 10 of 12] 31 32 13. See section 5.05.05 of this Code for signage regulations for automobile service 33 stations. [Ord. 09 -55, page 10 of 12] 34 35 36 + + + + + + + + + + + 37 10.02.00 APPLICATION REQUIREMENTS 38 39 40 10.02.06 Submittal Requirements for Permits 41 42 + + + + + + + + + + + + + 43 G. Temporary Use Permit Requirements and Issuance. See section 5.04.050 of the 44 LDC: for temporary use permit classifications and restrictions. 45 46 1. PuFpese and intent. —Rased upen the nat-im of some uses, theiF ' aGt OR 47 48 time a use is intended to funrAien, thgFp ;;n need to allow 49 tempeFaFy uses within a development site, and tO P159vide feF other types of .. It the .. . L . .i .r. .. h n4 uses 51 this sintion to Pl assify te....POFary uses and to r. ymde fee theip permitting. 231 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text str i(ethrough s current text to be deleted. Bold text indicates a defined term 1 [Although struck by Ord. 09 -43 (Page 88 of 89) is being modified and 2 Relocated to 5.04.01 A., see page 2 of this document] 4 1. Applications for temporary use permits shall be submitted to the County Manager 5 or designee in writing on a form provided by the Community Development and 6 Environmental Services Division. 18 [Although struck by Ord. 09 -43 (Page 88 of 89) is being modified and 19 Relocated to 5.04.01 B., see page 2 of this document] 20 9 permit IbF requests that deFnGAStFate GOFnpl*anGe with the of this 6eGtqen 10 and GhapteF 5 ef the Code. ApPFOVa'S far suGh requests be based shall upeR, 11 but Rat limited to, the aPP"Gant's deSGFiptieR of the tBMPE)FaFy use, the inteRded 23 12 duratiOR of the use, hOUFS of app—ratien and the impaGts of the pFepesed with the submission of a building permit application, if required. 25 14 permit shall inelude a GORGeptual site plaR OF a site d (SDR) as 3-10. 15 ffevided fer within this seGtion. The appMpFiate Fequired tempera plan and 28 3. Each temporary use permit application shall be accompanied by authorization of 29 18 [Although struck by Ord. 09 -43 (Page 88 of 89) is being modified and 19 Relocated to 5.04.01 B., see page 2 of this document] 20 21 2. Submittal Requirements. The temporary use permit application and aaafeariaie 22 required plan shall be submitted together with the applicable nonrefundable fee, 23 as indicated in the CDES fee schedule, and approved prior to or simultaneously 24 with the submission of a building permit application, if required. 25 26 3-10. [Relocated in entirety, see new 10 below.] 27 28 3. Each temporary use permit application shall be accompanied by authorization of 29 the property owner or leasing agent and a current valid Business Tax Receipt in 30 the case of temporary sale, when required. 31 32 4. A conceptual site plan (CSP) or a site development plan (SDP) is required for 33 special events and seasonal sales. For improved and unimproved properties the 34 site plan must demonstrate that provisions will be made to adequately address 35 each of the following: 36 [refer to struck portions of 5.04.05 A.7. & B.2 (pages 4 & 6, respectively)] 37 38 a. Vehicular and pedestrian traffic safety measures. 39 40 b. Adequate on -site or additional off -site parking areas shall be provided as 41 follows. 42 43 i. A maximum of 10 percent of the parking required by section 44 4.05.04 of this Code may be occupied or otherwise rendered 45 unusable by the placement of temporary structures, equipment, 46 and merchandise. 47 48 ii. The minimum required number of handicapped parking spaces 49 pursuant to section 4.05.07 shall remain available for use. 50 51 C. Limited activitv hours. 232 L \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 1 2 d. Watchmen, fencing and lighting. 4 e. Fire protection and emergency access measures. 6 f. Sanitary facilities. 8 g. If required, a faithful performance bond to guarantee compliance with the 9 conditions of the permit. 10 11 5. Review procedures. 12 13 a. Based upon the information contained in the application, the County 14 Manager or designee may approve, approve with conditions relative to 15 the health, safety and welfare of the public, or deny an application, and 16 may attach conditions to the permit. 17 18 b. In the event an application is denied by the County Manager of designee. 19 the reason(s) shall be noted on the application and returned promptly. 20 21 6. Indemnification. The applicant shall be required to indemnify and hold harmless 22 Collier County, its officers, agents and employees from and against all claims. 23 suits, actions, damages, liabilities, expenditures or causes of action arising out of 24 or occurring during the activities of applicant under a permit issued hereupon in 25 the form and manner provided by the County Manager or designee. 26 27 7. Cancellations and postponements. 28 29 a. If a permitted event is canceled or postponed, the applicant shall furnish 30 Collier County with written notification of such cancellation or 31 postponement and the reason(s) for same. It is understood that weather 32 conditions may cause last minute cancellations: however, the applicant 33 shall make every effort to notify the county staff prior to the scheduled 34 commencement of said event. If the event is to be re- scheduled, notice 35 of the date and time of the rescheduled event shall be provided. 36 37 b. If a permitted event is postponed, the permit will be amended to reflect 38 the rescheduled event dates and a copy will be provided to the applicant 39 prior to the event. 40 41 C. If an event is cancelled and the County is notified prior to the initially 42 proposed commencement date the number of days used will not count 43 towards the maximum number of authorized days afforded for events by 44 the Code. 45 46 8. Suspension or revocation. Failure to comply with the terms and conditions of the 47 temporary use permit, once issued, shall be grounds for immediate suspension 48 of the permitted activity until such time as the noncompliance is remedied. A 49 permit may be revoked, without refund, for established public safety and welfare 50 issues. The suspension or revocation shall be initially communicated verbally. 31 followed by a written suspension or revocation order. The continued failure to 233 I: \09 Amend the LDC\2009 -Cycle 1\LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. r i(ethrough is Gurrent text to be deleted Bold text indicates a defined term 1 comply with the terms and conditions of a previously suspended permit may 2 result in the revocation of said permit. 3 4 9 Violations. The failure to obtain a required Temporary Use Permit and /or the 5 failure to cease activities authorized by such a temporary use permit, including 6 the removal of any displays structures, merchandise, equipment, signs or 7 banners authorized by said permit upon expiration suspension, or revocation 8 shall establish a violation of this Code and shall be subiect to the penalties 9 established within this Code. 10 11 10.3-. Film Permit. 12 13 a. Permit required. A permit shall be required for the following activities 14 taking place, in conjunction with commercial motion picture, film, 15 television, video or still photography production: the use of set scenery, 16 temporary structures or other apparatus, special effects, or closure of 17 public streets or accessways. This Code shall not apply to bona fide 18 newspaper, press association, newsreel or television news media 19 personnel, nor to properties that have been zoned to allow motion 20 picture /television filming as a permitted use. 21 22 b. Application for permit, contents. Any person, firm, corporation, 23 association or governmental entity desiring to obtain a permit shall apply 24 to the County Manager or his designee; and said application shall include 25 but not be limited to the following 26 27 i. Name, address (including local address) and telephone number of 28 applicant. 29 30 ii. Proof of comprehensive general liability insurance coverage in the 31 amount of at least $1,000,000.00 combined single limit, with 32 Collier County named as an additional insured. The applicant shall 33 provide to the County Manager or his designee a certificate of 34 insurance evidencing that said insurance is in effect and certifying 35 that Collier County be given 30 days' notice prior to the expiration 36 or cancellation of the policy. 37 38 iii. Special effects to be utilized, especially incendiary or explosive 39 devices, with proof of not less than $5,000,000.00 comprehensive 40 general liability insurance combined single limit with Collier County 41 listed as additional insured. In addition, the application shall list 42 the person in charge (pyrotechnician) of such special effects, 43 together with his qualifications and license from the applicable 44 federal and /or state agencies, and authorization from the local fire 45 district permitting the event. 46 47 iv. Locations, dates and hours of filming. 48 49 V. The following information is required by the County Manager or so his designee, unless waived: 51 234 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).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 31 Text underlined is new text to be added. Text str kethF.. ..F '6 nt text to h A.... ...... �.��y.. �� vu.. .• Inc Bold text indicates a defined term a) A conceptual plan indicating the location of film events and parking facilities provided. b) Plans for construction or utilization of structures on subject 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' 235 L \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. r i(ethrough 16 G' FFRRt text to he deleted Bold text indicates a defined term 1 notice prior to the expiration or cancellation of the policy. Any additional 2 insurance requirements for filming on private property will be at the 3 discretion of the affected property owner. 4 5 d. Indemnification. The applicant shall be required to indemnify and hold 6 harmless Collier County, its officers, agents and employees from and 7 against all claims, suits, actions, damages, liabilities, expenditures or 8 causes of action arising out of or occurring during the activities of 9 applicant under a permit issued hereupon in the form and manner 10 provided by the County Manager or his designee. 11 12 e. Permit fee. No permit fee shall be required. Any additional license or user 13 fees which have been established for county -owned land or facilities shall 14 be in effect. 15 16 f. Issuance of permit. Upon presentation of the completed application, proof 17 of insurance, payment of permit fee, surety bond or cash payment in lieu 18 of the bond and review by the County Manager or his designee, the 19 permit may be issued. If the County Manager or his designee determines 20 that the use of public or private property could affect the public's use of 21 the property, or have potential adverse impacts on surrounding 22 properties, then he /she may require that the permit application be 23 scheduled for a public hearing before the Board of County 24 Commissioners. The special circumstances could include, but are not 25 limited to, closure of a public street or accessway; use of special effects, 26 including incendiary or explosive devices; a large production crew or 27 crowd control; and increased liability insurance required. The notice for 28 the public hearing shall be advertised in a newspaper of general 29 circulation in the county at least 1 time 15 days prior to the hearing. 30 31 g. Suspension of permit. Failure to comply with the terms and conditions of 32 the temporary use permit once issued shall be grounds for immediate 33 suspension of the permitted activity until such time as the noncompliance 34 is remedied. The suspension shall be initially communicated verbally, 35 followed by a written suspension order; and continued failure to comply 36 with the terms and conditions of the permit may result in revocation of the 37 permit. 38 39 h. Costs for extraordinary services. The county shall recover direct costs for 40 extraordinary services rendered in connection with a production. Such 41 costs shall include, but not be limited to, charges for personnel and /or 42 equipment committed in support of the production which are outside the 43 normal scope of government services. Based on the information 44 contained in the permit application, an estimate of these costs will be 45 provided to the applicant prior to issuance of this permit. The county may 46 require prepayment of all or a portion of these estimated costs prior to 47 issuance of the permit. At the conclusion of the production, actual costs 48 below or in excess of the estimates will be refunded by the county or paid 49 by the applicant, respectively. 50 51 i. Surety bond. A surety bond in an amount to be determined by Collier `C% I:\09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added Bold text indicates a defined term 1 County and issued by a company authorized to issue bonds in Florida or 2 cash payment in lieu of the bond may be required by the County Manager 3 or his designee to provide for cleanup and /or restoration of the subject 4 site(s). 6 4. TeFnperany s erts events, religious events, and n n't.y events 7 [Subsection relocated to page 5 of this document, new 5.04.05 A.2.] 9 a. In the Gase of sports events, Feligious events, P.9mmynity events, — 11 membership the County Manager eFganizationIS ep -• - - 23 b Temng. any permits r in 6UPPOFt of the a being p mitted inolude 24 the planement of signs, rnhanrl's ctr..etures and equipment, nd a 25 mnWlp hamp as nifine but not f... siydensyy. If the temperary use .... 26 et d*c;r;nntiRllPd o rate of the permit, it shall he deemed 27 ro'Atdc)n of the Land develepFnent Gede and shall be subjeGt to the 28 penalties theFemn. 29 30 6. Temporary permits On this oategn shall he rent eteid to thoso ZZARing 31 dist/nts ..yh•nh the y la p ally, be p matted unless etheRvisee 32 33 fequest. 34 35 d. The County Ma agelF or his designee a'Sq�„ assept wtom.ntfee,tempaa,: 36 616e peffnk a pl'nat'e far ertS ptS religiews events, n•t.y 37 events, ether s milar a pt• ntatien of rlen-Wmen-atien that 38 the sponsor of the event i a' hen a fide n refit organization nd the 39 RVARt 'ptep to t to benefit the n nit.. at large . fig of ffOuP yd 40 inl :a als OF the bepa fide p refit eFgaR'zat'GR. large, s ynh a ept.. Pef 41 nalen.dar .yearn eFgaRizafiGIR a _ eligible for this• a ptinp 42 43 44 45 APPENDIX G ANNUAL BEACH EVENT STANDARD PERMIT CONDITIONS 46 47 48 49 10. Annual beach events which occur during Sea Turtle Nesting Season (May 1st through �0 October 31st of each year) are also subject to the following regulations: 51 237 I: \09 Amend the LDC \2009 -Cycle 1\LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).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 Text underlined is new text to be added. Bold text indicates a defined term A. All required Florida Department of Environmental Protection (FDEP) Field Permits, shall be obtained and a copy furnished to Collier County prior to the time of the scheduled event as set forth in section 5.04.06. 5.04.07. B. Consistent with section 5.84.06. 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 584.06. 5.04.07. E. Consistent with section 6.04.06 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. 238 I'M Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 1 LDC Amendment Request 2 3 4 ORIGIN: Board of County Commissioners 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: LDC5:28 -5.30 14 15 LDC SECTION(S): 5.05.02 16 17 CHANGE: To clarify how the County will treat the length of shoreline within conservation 18 easements when calculating the amount of wetslips according to the Manatee Protection Plan. 19 20 REASON: The rating system used in calculating the maximum number of wetslips in 21 accordance the Manatee Protection Plan, uses the amount of shoreline to calculate the maximum 22 number of wetslips. Although the LDC specifies that the purpose of the marina siting criteria is 23 to help determine the maximum wet slip densities in order to improve existing Manatee 24 protection, neither the LDC nor the Manatee Protection Plan specifically addresses shoreline 25 within conservation easements. 26 27 State agency staff from the Florida Fish and Wildlife Conservation Commission, have advised 28 County staff that the total length of shorelines, including that which is within conservation 29 easements, is used in the calculations for maximum allowable wetslips where the purpose of the 30 conservation easement is vegetation management. However, where the conservation easement 31 prohibits "in -water structures ", the length of shoreline within the conservation easement is 32 excluded from the calculations and thus, the number of allowable wetslips are reduced in 33 proportion to the length of the excluded shoreline. State staff indicate that "in -water structures" 34 can be characterized as the construction and operation of future docks, wet or dry slips, piers, 35 launching facilities or structures other than existing on the property, or activities detrimental to 36 drainage, flood control, water conservation, erosion control, soil conservation, or fish and 37 wildlife habitat preservation including, but not limited to, ditching, diking, dredging, and fencing. 38 39 In January 2006 during evaluation of a project, staff from the Office of the County Attorney 40 reviewed various documents including the existing conservation easement on the project, the 41 GMP, LDC, Manatee Protection Plan, State Statutes, and State cases in order to determine 42 whether shoreline length in the conservation easement area should be excluded from the 43 calculation to determine the number of allowable boat slips. The result of this review essentially 44 provided staff with a procedure that specified that staff should review the actual language of a 15 conservation easement to determine if the easement language includes or excludes the use of the 239 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text str kethrough is Gument text to be deleted. Bold text indicates a defined term 1 easement shoreline to calculate the amount of wetslips. Inspecting the conservation easement to 2 determine its prohibitions is also consistent with the State's application. 3 4 During the April 22, 2008 BCC meeting, item 813, the BCC provided direction to staff on how to 5 treat shoreline within conservation easements in calculating the number of wetslips pursuant to 6 the Manatee Protection Plan. The Board direction was to exclude shoreline within County 7 required preserve areas and State and Federal conservation easements which do not allow 8 wetslips within their conservation easements when calculating the maximum allowable number 9 of wetslips pursuant to the Manatee Protection Plan and add a Conditional Use to allow more 10 boat slips if you provide public access (50 %) available to the public. The proposed amendment is 11 in accordance with the BCC's direction. 12 13 Meetings were held with stakeholders on May 22, 2008, June 17, 2008 and May 13, 2009, with 14 no common ground among the stakeholders. 15 16 FISCAL & OPERATIONAL IMPACTS: Staff will need to review the language of the 17 conservation easement in order to determine if it includes or excludes the shoreline from 18 calculating maximum allowable wetslips. Obtaining and evaluating the conservation easement 19 for applicable language should take no more than one hour of staff time. 20 21 RELATED CODES OR REGULATIONS: None 22 23 GROWTH MANAGEMENT PLAN IMPACT: None. The County has incorporated the 24 Manatee Protection Plan within Conservation and Coastal Management Policy 7.2.1 and Policy 25 7.2.3. 26 27 OTHER NOTESNERSION DATE: Created April 14, 2010 28 29 30 Amend the LDC as follows: 31 32 5.05.02 Marinas 33 34 A. The following standards are for the purpose of manatee protection and are applicable to 35 all multi -slip docking facilities with ten slips or more, and all marina facilities. 36 37 B. Proposed developments will be reviewed for consistency with the Manatee Protection 38 Plan ( "MPP ") adopted by the BCC and approved by the DER If the location of the 39 proposed development is consistent with the MPP, then the developer will submit a 40 "Manatee Awareness and Protection Plan," which shall address, but not be limited to, 41 the following categories: 42 43 1. Education and public awareness. 44 45 2. Posting and maintaining manatee awareness signs. 46 47 3. Information on the type and destination of boat traffic that will be generated from 48 the facility. 240 1:\09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).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 Text underlined is new text to be added. Text sti ikethr.. gh is current text to be deleted. Bold text indicates a defined term 4. Monitoring and maintenance of water quality to comply with state standards. 5. Marking of navigational channels, as may be required. C. A rating system is established to evaluate proposed marina facilities. The purpose of the marina site rating system is to help determine the maximum wet slip densities in order to improve existing Manatee protection. The marina site rating system gives a ranking based on three (3) criteria: water depth, native marine habitat, and manatee abundance. In evaluating a parcel for a potential boat facility, a minimum sphere of influence for the boat traffic must be designated. For the proposed marina facility, an on -water travel distance of five (5) miles is considered the sphere of influence. 1. A preferred rating is given to a site that has or can legally create adequate water depth and access, will not impact native marine habitats, and will not impact a high manatee use area (See Table 5.05.02(C)(5)). 2. A moderate ranking is given to a site where: there is a adequate water depth and access, no impact to a high manatee use area, but there is an impact to native marine habitat; there is adequate water depth, no impact to native marine habitat, but impacts a high manatee use area; and when the water depth is less than four (4) feet mean low water (MLW), no impact to native marine habitat, and no impact to a high manatee use area. 3. A protected ranking is given to a site where: there is adequate water depth and access, but there is an impact to native marine habitat and there is an impact to a high manatee use area; there is not adequate water depth, there is impact to or destruction of native marine habitat, and there is impact to a high manatee use area; there is not adequate water depth, no impact to marine habitat, but there is impact to a high manatee use area; or there is not adequate depth, there is impact to marine habitat, and no impact to a high manatee use area. 4. The exact areas will depend on site specific data gathered during the site development process reviews. 5. Table of Siting Criteria For shoreline vegetation such as mangroves, "no impact' is defined as no greater than five (5) percent of the native marine habitat is disturbed. For sea grasses, "no impact' means 241 IA09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Water Depth Measured at MLW Native Marine Habitat Manatee Use 4 ft. or more Less than 4 ft. No Impact' Impact Not High High Preferred X X X Moderate X X X Moderate X X X Moderate X X X Protected X X X Protected X X X Protected X X X Protected X X X For shoreline vegetation such as mangroves, "no impact' is defined as no greater than five (5) percent of the native marine habitat is disturbed. For sea grasses, "no impact' means 241 IA09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc T..��♦ ...Text underlined is new text to be added. Bold text indicates a defined term 1 than no more than 100 square feet of sea grasses can be impacted. 2 3 D. Allowable wet slip densities. 4 5 1. Preferred sites. New or expanded wet slip marinas and multi - family facilities shall 6 be allowed at a density of up to eighteen (18) boat slips for every 100 feet of 7 shoreline. Expansion of existing and construction of new dry storage facilities is 8 allowed. Expansion of existing and construction of new boat ramps is allowed. 9 10 2. Moderate development sites. New or expanded wet slips and multi - family 11 facilities shall be allowed at a density of up to ten (10) boat slips for every 100 12 feet of shoreline. Expansion of existing dry storage facilities is allowed. 13 Construction of new dry storage facilities is prohibited. Expansion of existing boat 14 ramps is allowed. Construction of new boat ramps is prohibited. 15 16 3. Protected sites. New or expanded wet slip marinas and multi - family facilities shall 17 be allowed at a density of one (1) boat slip for every 100 feet of shoreline. 18 Expansion of existing dry storage facilities or construction of new dry storage 19 facilities is prohibited. Expansion of existing boat ramp or construction of new 20 boat ramps is prohibited. 21 22 E. If a potential boat facility site is ranked as moderate or protected because of its 23 proximity to a high use manatee area, its ranking can be increased if slow speed zones 24 are established that account for a significant portion of the expected travel route of the 25 boats using the proposed facility. In that case, the manatee criteria in the three (3) way 26 test (see Table 5.05.02(C)(5)) would not affect the outcome of the ranking. If such slow 27 speed zones are not existing, the County may establish, with DEP approval, additional 28 slow speed zones in order to mitigate the proposed additional boat traffic. 29 30 F. Existing facilities and facilities which had state or federal permits prior to adoption of the 31 MPP shall be exempt from these provisions, but will be subject to all other requirements 32 of this Code. 33 34 G. The definition of shoreline for the purpose of the Manatee Protection Plan shall be the 35 interface of land and water at mean high water, as established using standard survey 36 techniques. Shoreline within County required preserves or within State and Federal 37 conservation easements which do not allow wetslips within their conservation 38 easements shall not be used in calculating the maximum allowable number of wetslips 39 pursuant to the Manatee Protection Plan, except that projects which make 50 percent or 40 more of their wetslips available for public use may request additional boat slips as a 41 Conditional Use. Any existing or vested right with respect to wetslips shall be exempted 42 from this ordinance. 43 44 45 (Ord. No. 05 -27, § 3.FF) 46 242 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktt (050510).doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: CDES AUTHOR: John Kelly, Planner DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC5:32 LDC SECTION(S): 5.05.05 Automobile Service Stations CHANGE: Return the minimum yard requirements (setbacks), as provided within the table of site design requirements, applies to all structures -- principal and accessory. Return the exceptions provisions for existing automobile service stations (non - conforming) 19 2o REASON: Scrivener's error. During re- codification of the LDC, language pertaining to said 21 regulations was inadvertently omitted. Section 2.6.28.1 of Collier County Land Development 22 Code (Ordinance No. 91 -102). It has been staff practice to apply the setbacks for accessory 23 structures as same as the principal structure (SPS). 24 25 FISCAL & OPERATIONAL IMPACTS: N /A. This is not new text/requirement. 26 27 RELATED CODES OR REGULATIONS: None. 28 29 GROWTH MANAGEMENT PLAN IMPACT: None. 30 31 OTHER NOTES/YERSION DATE: Created June 25, 2009. Revised August 23, 2009, 32 October 27, 2009; March 3, 2010; April 7, 2010; April 22, 2010. 33 9V 35 Amend the LDC as follows: 36 37 38 5.05.05 Automobile Service Stations 39 4o A. The purpose of this section is to ensure that automobile service stations do not 41 adversely impact adjacent land uses, especially residential land uses. The high levels of 42 traffic, glare, and intensity of use associated with service stations, particularly those 43 open twenty -four (24) hours, may be incompatible with surrounding uses, especially 44 residential uses. Therefore, in the interest of protecting the health, safety, and general 45 welfare of the public, the following regulations shall apply to the location, layout, 46 drainage, operation, landscaping, parking, and permitted sales and service activities of 47 automobile service stations. 243 I'M Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktt (050510).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 Text underlined is new text to be added. Text StFikethrough s Gwent text to be deleted. Bold text indicates a defined term B. Table of site design requirements: TABLE INSET: The text below is text that was left out of the LDC (with modification to the section numbers per the numbering sequence established by Ordinance No. 04 -41). It is being adopted and then struck and modified below. Exceptions. 1. Locational and site standards in accordance with subsection 5.05.05.B shall not a to, nor render non - conforming any existing automobile service station or an automobile service station within a Planned Unit Development (PUD) in which a specific architectural rendering and site plan was approved as part of a rezoning action prior to the effective date of this amendment 2. However, existing automobile service stations which may otherwise be rendered nonconforming by the provisions of subsection 5.05.05.F. — M or any other applicable standard, except for automobile service stations within a PUD as described above shall comply with applicable subsections of 9.03.00 Non - conformities L \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Site Standards Minimum lot area (sq. ft.) 30,000 Minimum lot width (ft.) 150 Minimum lot depth (ft.) 180 Separation from adjacent automobile service stations (ft.) (based on istance between nearest points) 500 Minimum setbacks, all structures: Front yard 50 Side yard 40 Rear yard 40 The text below is text that was left out of the LDC (with modification to the section numbers per the numbering sequence established by Ordinance No. 04 -41). It is being adopted and then struck and modified below. Exceptions. 1. Locational and site standards in accordance with subsection 5.05.05.B shall not a to, nor render non - conforming any existing automobile service station or an automobile service station within a Planned Unit Development (PUD) in which a specific architectural rendering and site plan was approved as part of a rezoning action prior to the effective date of this amendment 2. However, existing automobile service stations which may otherwise be rendered nonconforming by the provisions of subsection 5.05.05.F. — M or any other applicable standard, except for automobile service stations within a PUD as described above shall comply with applicable subsections of 9.03.00 Non - conformities L \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Text underlined is new text to be added. Text stF (eff Fo gh 'o GUFFeRt text to be deleted. Bold text indicates a defined term . . . . . . . . . . . . P. Exceptions automobile service station within a PUD in which a specific architectural rendering and site plan was approved as part of a rezoning action prior to July 5 1998. 2 The site design standards set forth in 5.05.05. F. - M. or any other applicable development standard shall apply to existing automobile service stations pursuant to the provisions of 9.03 00 Nonconformities and all other applicable sections of the Land Development Code. 245 L \09 Amend the LDC\2009 -Cycle 1\LDC Packet\may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. to he deleted • Bold text indicates defined term 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 This page intentionally left blank. 18 246 1 : \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text air kethm gh is pn, text to be de Pharl Bold text indicates a defined term ZONING § 2.6.28.1 Her County Such instrument shall be binding upon the owner, developer, his successors, and assigns, and shall constitute a covenant running with the land, and be in recordable form. 2.6.27.4.6. Additional reduction to development standards for common architectural theme projects. Additional reduction to the development standards provided at sections 2.6.27.4.2, 2.6.27.4.3, 2.6.27.4.4 and 2.6.27.4.5 may be approved by the Collier County planning commission for projects defined as common architec- tural theme projects. In determining whether or not a project qualifies as a common architectural theme project the board of commissioners shall deter mine that all of the following design features ere incorporated into the project: 1. The architectural style of the dwelling units/structures shall be similar in design and in the use of materials and color. 2. The residential project shall have a signature entranceway which serves to identify the development as having a common architectural theme. The entranceway design and improvement elements shall include some or all of the following the use of landscape materials, gated structure, water features, sculpture and ornamental pavement surfaces. 3. Street materials, signage, fund] lighting shall be complementary and the same throughout the project's accessways. (Ord. No. 92 -73, § 2) Sea 2.6.2& Automobile service stations. The following regulations apply to the location, layout, drainage, operation, fencing, landscap- ing, perking, architectural features, and permitted sales and service activities of automobile service stations which include convenience grocery stores selling motor fuels: Purpose and intent. The purpose of this section is to ensure that automobile service stations do not adversely impact adjacent land uses, especially residential lend uses. The high levels of traffic, gl are, and intensity of use associated with service stations, particularly those open 24 hours, may be incompatible with surrounding uses, especially residential uses. Therefore, in the interest of protecting the health, safety and general welfare of the public, the following regulations shall apply to the location, layout, drainage, operation, landscaping, parking and permitted sales end service activities of automobile service stations: 2.6.28.1. Locationai and site standards. All automobile service stations shall meet the following criteria: 1. Minimum frontage: An automobile service station shall not be located on a lot with leas than 150 feet of frontage on a vehicular right-of-way. 2. Minimum depth: 180 feet. S. Minimum lot or parcel area: 30,000 square feat. 3upp. No. s LDC2:201 247 1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text - i L�1Am �I�'a. r�r�"ext 1r� 4.r� .Ire �Ir�r1 �Trc�- �cacv, Bold text indicates a defined term § 2.6,28.1 COLLIER COUNTY LAND DEVELOPMENT CODE 4. Separation requirements: There shall be a minimum distance of 500 feet, shortest airline measurement, between the nearest points on any lot or parcel of land to be occupied by automobile service stations, and any lot or parcel which is already occupied by an automobile service station, or for which a building permit has been issued, 5. Minimum yard requirements: All structures. (a) Front yard setback: 50 feet. (b) Side yard setback: 40 feet. (c) Rear yard setback: 40 feet. 6. Parking requirements: As required by Division 2.3 Off - Street Parking and Loading 7. Architectural design: As required by Division 2.8 Architectural and Site Design Standards and Guidelines for Commercial Buildings and Projects, 8. Landscaping: The fallowing landscape requirements are in addition to the requirements of Division 2.4 landscaping and Buffering, a. Required landscaping adjacent to property boundaries: (1) Right -of -way buffer landscaping: (a) Landscaping adjacent to rights -of -way external to the development project shall be located within a landscape buffer easement which is a minimum of 25 feet in width. Water management awales shall not be located within these buffer areas, however, water management facilities such as underground piping shall be permitted. (b) An undulating berm with a maximum slope of 3:1 shall be constructed along the entire length of the landscape buffer. The berm shall be constructed and maintained at a minimum average height of three feet, The berm shall be planted with ground cover (other than grass), shrubs, hedges, trees and palms. (c) The required trees and palms shall be clustered in double rows with a minimum of three trees per cluster. Canopy trees shall be planted a maximum of 20 feet on center within a cluster. The use of palms within the right -of -way buffer shall be limited to landscaped areas adjacent to vehicular access points. Palms shall he planted in stag- gered heights, a minimum of three palms per cluster, spaced at a maximum of eight feet on center, with a minimum of a four foot difference in height between each tree. Exceptions will be made for Roystonea epp. and Phoenix epp. (not including mebelenu) which may be Supp. No. s LDC2:202 248 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text �thro g4 is G •. hp. dpl tee Bold text indicates defined term 1 LDC Amendment Request 2 3 4 ORIGIN: BCC Directed 5 6 AUTHOR: Zoning staff 7 8 DEPARTMENT: Zoning & Land Development Review 9 to AMENDMENT CYCLE: 2009 Cycle 1 11 12 LDC PAGE: LDC8:1 -20 13 14 LDC SECTION(S): 8.03.00 Planning Commission 15 8.03.01 Establishment; Powers and Duties 16 8.03.02 Membership 17 8.03.03 Quorum and Voting 18 8.03.04 Rules of Procedure 19 8.03.05 Compensation 20 8.03.06 Meetings 21 8.03.07 Staff 22 8.03.08 Appeals 23 8.04.00 Board of Zoning Appeals 24 8.04.01 Establishment; Powers and Duties 25 8.04.02 Membership 26 8.04.03 Quorum and Voting 27 8.04.04 Rules of Procedure 28 8.04.05 Compensation 29 8.04.06 Meetings 30 8.05.00 Building Board of Adjustments and Appeals 31 8.05.01 Establishment; Powers and Duties 32 8.05.02 Membership 33 8.05.03 Quorum and Voting 34 8.05.04 Rules of Procedure 35 8.06.00 Environmental Advisory Council 36 8.06.01 Establishment 37 8.06.02 Purpose 38 8.06.03 Powers and Duties 39 8.06.04 Membership 40 8.06.05 Quorum and Voting 41 8.06.06 Rules of Procedure 42 8.06.07 Compensation 43 8.06.08 Meetings 44 8.06.09 Evaluation of the EAC 45 8.06.10 Appeal 46 8.07.00 Historic /Archaeologic Preservation Board 249 I'M Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt\BCC Pkt1 (050510).doc Text underlined is new text to be added. ♦ Bold text indicates defined term 1 8.07.01 Establishment 2 8.07.02 Powers and Duties 3 8.07.03 Membership 4 8.07.04 Compensation 5 8.07.05 Meetings 6 7 CHANGE: Move the provisions governing advisory boards' establishment, purpose, powers 8 and duties from the Land Development Code to the Code of Laws and Ordinances. Delete the 9 contents of Chapter 8 from the LDC. 10 11 REASON: The Board finds that it is in the public interest to relocate this portion of the Land 12 Development Code into the Collier County Code of Laws and Ordinances and to create separate 13 ordinances for each of these Boards, thereby making it easier to amend these rules and 14 regulations as the need arises, as well as to have the ordinances concerning all of the County's 15 decision - making and administrative bodies located within the same administrative section of the 16 Collier County Code of Laws and Ordinances. 17 18 FISCAL & OPERATIONAL IMPACTS: None 19 20 RELATED CODES OR REGULATIONS: Article VIII (Boards, Commissions, Committees 21 and Authorities) of Chapter 2 (Administration) of the Collier County Code of Laws and 22 Ordinances. 23 24 GROWTH MANAGEMENT PLAN IMPACT: None. 25 26 OTHER NOTESNERSION DATE: Created July 24, 2009 27 28 29 Amend the LDC as follows: 30 31 8.01.00 GENERALLY 32 33 8.02.00 BOARD OF COUNTY COMMISSIONERS 34 35 8.02.01 Powers and Duties 36 37 In addition to any authority granted to the Board of County Commissioners (BCC) by 38 general or special law, the Board of County Commissioners (BCC) shall have the following 39 powers and duties: 40 41 A. To initiate, hear, consider, and adopt amendments to the text of the Collier 42 County Growth Management Plan (GMP) or the Unified Development Code 43 (LDC); 44 B. To initiate, hear, consider and adopt amendments to the future land use map of 45 the Collier County GMP or the official zoning atlas of the LDC; 46 C. To designate and appoint hearing officers to make decisions as the BCC may 47 deem appropriate; 4 B D. To act to ensure compliance with development orders or permits as approved 250 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 1 and issued; 2 E. To establish reasonable fees to be paid by applicants to recoup the County's 3 expenses and other costs, and to reimburse the County for the administrative 4 time and effort spent in accepting, processing, reviewing, or enforcing 5 development orders, development permits, or any other development approvals 6 or applications; and 7 F. To take such other action not delegated to the Planning Commission, the Board 8 of Zoning Appeals, the Building Board of Adjustments and Appeals, or the heads 9 of County departments, County divisions and County sections as the BCC may 10 deem desirable and necessary to implement the provisions of the Collier County 11 GMP, the LDC, and any other legitimate governmental interest. 12 13 8.0 3.00 (Boards, Commissions, Committees and 15 Authorities) of Chapter 2 (Administration) of the Collier County Code of Laws and Ordinances. 17 Establishment; Powers and Duties 19 TheFe is hereby esmahl'shpd Planning GOMF11066ion, which shall have the following powers • and duties: (LRA), and the land development •. 27 igmPnrimpirit,; tn RI Gh plan, element, oF portion thereof; 29 G. To pFepaFe, OF Gause to be pFepaFed, the ■ 31 the ■ 34 applieations for amendment to the text of the GallieF County GMP and the ■ 36 F=. To initiate, review, heaF, and- make renernmendatiens to the BGG on appliGatien6 ■ 38 effie'al zoning atlas of the ■ - County • 41 GenditiGRal use peFFnitS; • 51 Set fE)Fth OR GhapteF 67 1246, Laws of ReFida, hGFeiR and by r• Amend the LDC\2009-Cyde • r r Text underlined is new text to be added. Text- .,triket.,....... q A Rt- te,........, a... .. Bold text indicates a defined term . 7TT 19r T�:: LT.►- Z7: ETli7R- TS�TSS7P.�.LT[T.Ta:LT7ST -T- .w7TlP.Ll�1T- �T.:T.T.T.T.0 38 B. A......"..{.......♦ The Planning Gnmn;hsrimn shall be ...I of 9 ...h...� t.. be 39 appointed by the BGG All . nt.. ent.. to the Planning G9FnFnj6S -.4GR .-h..11 h,.....,ae 40 41 43 44 . 45 46 3. Two F .r.h...n. r, ..t„ rte,..,.... l; R n mot.'..+ Ne. o 47 48 4. Two FneirnbwSi Gounty Commission DMICirt Ne. 2. 49 50 51 252 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc 0! _ 8.03.02 Membership 10 A. QuafifiGations, 13 qualifi 16 PlFeFequisite te appointment, GensidelFation shall be given to appliGants who have 17 experieRGe or who have shown interest in the aFen of planning, zenin , and 19 rnpm-bp.F,; shAll he made se as to pFevide the PIaRniR9 GeMM'66'OR with the 22 thas .. 24 3. The mern-bers to the PlanRing Commission be b appointment of all shall 27 OffiGe, the . shall terminate the aPpOdRtMeRt member 28 the RaRROR9 Cammis6ion. 35 FesideRtial density of the PFOpeFty that is the subjeGt of the appliGatien being 3G GORsideFed. 38 B. A......"..{.......♦ The Planning Gnmn;hsrimn shall be ...I of 9 ...h...� t.. be 39 appointed by the BGG All . nt.. ent.. to the Planning G9FnFnj6S -.4GR .-h..11 h,.....,ae 40 41 43 44 . 45 46 3. Two F .r.h...n. r, ..t„ rte,..,.... l; R n mot.'..+ Ne. o 47 48 4. Two FneirnbwSi Gounty Commission DMICirt Ne. 2. 49 50 51 252 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text sti .ethF.. gh is current text xt to be deleted. Bold text indicates a defined term e 27 28 29 . _ _ tier — M.... rar. Haar zr_ r_ rtarr. Ir: :mr- r..sJ r.�– —P ear-Mr ----j 9 to fall on the Planning Gernmissielni sha" far the rwaindw the aRy vaGanGy -he Of '' shall 16 rpnan,;'dBrRfinn of the vote if he 60 Fequests on writing :. within 30 days of thB datee 17 eR whdGh the vote 0,; take.n. 1 Planning Commission meetings withoUt Gause, the Planning Commission shall 25 Fee!eGt;eR. 27 28 29 . _ _ tier — M.... rar. Haar zr_ r_ rtarr. Ir: :mr- r..sJ r.�– —P ear-Mr ----j 34 A 02 04 ■�7TTSE 36 A. The Planning Commission shall, by a majority vote of the entiFe rneFnbeFShip, adW 37 Fules Of PFOGed6iFe far the tFansaction of bus'ne66, and shall keep a FeGOFd of Meetings, 40 PFOGeedings, as Fnay be deem._: ._ . 42 R The PIRRning Gemmissien Fnay, fFeFn time to time, adopt and aFneAd bylaws and FUIeS G 44 Of PFGGedWFe shall be oonsidered as if they were amendments to this L 16 8.03.05 Gempensation 50 RGG I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet\may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text 6tF LOIAm gh 'r ent text to be deleted. Bold text indicates a defined term 2 293 86 AAeeii... 12 13 9. All FReetiRgs and heaFiRgS ef the PlanniRg Commission shall be open to the PubliG. 14 is 8.03.07 Sta# 16 17 The rommunity developmeRt sePAGes division shall be the prefe6sional staff of the Planning 18 Commission. 19 20 3-03:98 Appeals 21 22 rr_nr_ t. r_ rr_ r_. norrrn ,•srrirrsi:s�zrrnrnr_rr_c.:i.r.. m. _srasaan:� 00-011111 1 Mill 1. 1 WIN 00001 WO-10, OHM 254 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc defined Text underlined is new text to be added. Text stF kethFOUgh 06 CUFFent text to be deleted. Bold text indicates a : term 4 inteFffetatiORS made by the - •. 8 G. Te make its speGial knowledge and expertise available 61PGR written Fequest and 10 County. 13 %vith the D. 15 E. To peFfeFFn these funGtiens, peweFs and duties of the BZA as set feFth on Ghaptef 16 67 1246, Laws of FIE)Fida, iRGE)Fpwated he4n and by FeferenGe Made a pa 17 heFeef, as said GhapteF has been OF rnay be amended. • 8.04.02 MembersbAp 21 A. QuafifiGationa MembeFS of the BZA shall be qualified el8GteFS OR Gelliei: County 22 res 24 twpitude whole On offiGe, the BCC sha" teuninate the appointment of sush person as a 29 —RA-B.rdr- of zening Appeals shall haVe Ret less than 5- ner rnorp thAR tE (10) 34 yeaF. 38 pub!'G heaFiRg of he 60 Fequests on WF't'ng within 30 days of the date upon whiGh the vote 39 ;s taken. 43 within 30 days aftBF th8 YaGaRGY or.GuFs. No Fneetings of a BZA shall be held when the 48 ReWssaly. TeFM6 of all effiraes shall be feF 1 yeaF, with eligibility fOF Fee'eGtiGR. • 50 255 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt\BCC NO (050510).doc Text underlined is new text to be added. Text ShikethFGUgh is • Bold text indicates defned term �aurrr- mrrsei�rs�+ mss M 8.04.05 Compensation 8.04-06 Meetings 40 R. The legation be dR County qR Naples, ReFida. if of meetiRgs shall E)ffOE;8S a matter--� 13 shall be pUb'iG FeGGFds. 42 6PBGmal Fneeting to be held within 7 days thelFeafteF. IR delays by Ga6e of caused ethe 15 B. Beards ef Zoning Appeals tO the the BGG the- 44 notify all members may, subjeGt appFeval of and within Gf and also shall notify all parties. P 6 C. All meetings and heaF'RgS ef the BZA shall be open to the publiG. 19 effectuate 4 PUFpeses. 24 theFefer. D. 28 if . ,...__., ............._..._._...th=11 _ ..- . -------- ............._.._._. --� - M 8.04.05 Compensation 8.04-06 Meetings 40 R. The legation be dR County qR Naples, ReFida. if of meetiRgs shall E)ffOE;8S a matter--� 42 6PBGmal Fneeting to be held within 7 days thelFeafteF. IR delays by Ga6e of caused ethe 43 reasons, the hear;ng be to the next BZA The shall resnhed-uled- meet'Rg. seGFetary shall 44 notify all members of the date the nentin, led hpRF;ng Gf and also shall notify all parties. P 6 C. All meetings and heaF'RgS ef the BZA shall be open to the publiG. 256 I: \09 Amend the LDC\2009 -Cycle 1\LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text stF (ethno gh 'o to he deleted Bold text indicates a defined term 1 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS —See Article VIII (Boards. 2 Commissions Committees and Authorities) of Chapter 2 (Administration) of the Collier County 3 Code of Laws and Ordinances. 8.06.01 A Establishment There is and Puitpose hereby BuildiRg Board of AdjUStM81PIts and Appeals ("BuildiRg 7 established a to be fellowed, to be 13 GORStFUGtiOn pFE)pesed buildiRg OF FinateFffials it is used, that th&PFGV'6'GRS of the 14 alteratiOR Florida of that OF StFUGtUFe, RllildiRg Code F10FWa OF when Glaifned Fire PrevPRti0R ede, as listed iR Chaptel: .. 15 and mere rlpsirahlp fqrn; Of GARStFUGtien Gan be IG net apply, OF that an equally geed in RF it is Glairned that the true intent and MaRiRg Of 17 employed a spedfiG Gase, OF wheR 19 iRteFpFeted by the building Offidal- 21 8.05.02 Powers and Dutues 30 Code, as 1'sted PR Chaptei: One, dG Ret apply, OF that 32 Glakne that the true intent and meaning ef suGh building Gedes and teGhRiGal 34 RteFpFeted by the building OffiGlal; 38 agFeements; 40 ■ D. 8.0 5.03 Text underlined is new text to be added. Text striketwough is current text to 'a deleted. Bold text indicates a defined term 1 engineeF, and 1 of whom must be a fire pFeteGtion speGialist. The Building Board shall 3 id knowledge, aFe deemed to be GeMpetent to sit in judgmeRt on rnatteFS- A� GenGeffling the Florida Building Gede and Florida FiFe PreVeRtion Code, as listed iR 7 1 One /1 \ s#., #n rn na -,re.h'rnn# n F #r n# rn1 e 8 9 2. 9a /cuss Ran eFa;_w ^!:a a;.. 10 0o 11 3. One /91 f.vd fir r.de.n#'. n#r..nb.r r#'f' d ..-.#.ate 3844 v equipMeRt OF state 12 firefighter with the rp..n.k- of lieute.nant higher, fiFe er oF state aeFtified safety 13 , e..dnr with the r nL of 143 #nnnnt e.r higher; 14 15 16 •. 19 R. TpAeg. The members shall seFve foF a teFFn of 4 (4) yeaFs, exGept fGF initial appointees .. QUOFUFn 9.05.135 36 _R. The building OffiGial shall aGt as SeGF8taFy of the Building BeaFd and shall Fflake-a 37 detailed Fe-BeNd of all 4 PFOGBedings, whiGh shall qRGIude, but 6hall not be limited to, all 40 41 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL -See Article VIII (Boards, Commissions, 42 Committees and Authorities) of Chapter 2 (Administration) of the Collier County Code of Laws Ordinances IN 47 rr_ TSZ�am: I.: �: �s+ arr_r rar_ ram�w: mrarerr _nrral�ay.�.uairr__�- r.�._s�- • use, or expleitatie PF;n,Frnp,:; r4 or witNn the Geunty, and the review and Text underlined is new text to be added. Text str iee.thro ..4• 'n nFent text 1.. he deleted GI Bold text indicates a defined term . _ _ •+cap ..._ _ .. .. . _ _ . _ ... .._ ■ 1 1 .. .. . . . . .. .. ...... ._ 1 ■ 1 Text underlined is new text to be added. Text sti reth... ..h 'a. eR {-vt Ire be rlp pted Bold text indicates a defined term 1 G. Implement the water Pesy pursuant to this , 2 3 H. Provide an appeOuRity far p bliG , nt e environmental ' e.,rn 16 the County; 5 GOURty 6 1- Implement then of the Gense ..mot'.. .... Coastal • Element and arla ent 7 of the (`oll'er (`o nt.. r-•eo d n the f....le..el..nm....t review s 8 and/GF pIaRe; 9 board te- 10 0. ^o�p ^oc °c the t',.n Peh' et the ATeF review and fe66iTlnlen at:len— p^reses'r eF e3E6a�accvcrS 11 , 12 26 All development 260 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc 16 the County; 18 L. PFGY!de fE)FuFn te hear disputes betiWeeR GOURty aR appellate and pFeGess staff 1 21 GORsideratien; 23 M. FLIRGtiE)R impa6t board te- as an eRViFenmental statement (EIS) review Pursuant 24 Chapter 10; arid 26 All development fe prelim nary subdivisierl plat andlor site plan 6ubmFSSieRG 29 w0th GenditiORS or derlial by the EAG. if the appliGaRt &gesps not to utilize the 1 31 B# the firne nf P'thel: the final plat and GOn6tFUGt'Gn plans OF the firial plat. • 35 staternent (EIS) per seGtqGR • • • • 36 impaGt (DRI); lands with speGial tFeatFirent (ST) or area ef. A-rd.tirsal st—atte 39 whirh is requested by either party to be heard by the E.A.G. The E.A.G ;he" also 1 43 petItIOR te be reviewed by the FAG. 1 Feviewed by staff _._ heard _:.__ envireriFflental and 260 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text a Bold text indicates a defined term 1 2 of Said- Gffl6e. ter. . • Wi .. . .. . =TIT_ . .. FEE M"[9972MMIR -M m. MISMESS Text underlined is new text to be added. Text st LeN.m gh 'e GUFFa�. Bold text indicates a defined term 1 hearing unless all parties waive this Fequ'FeFnent. The appeal will be heaFd by the EAG 2 within 60 days of the ri-i-birnissien of the appeal. Ne less th.a.n. 10 days prior to the 8 9 Fnedify the den-ision of the County Man g his designee in light of the 10 recommendations of the CA( 11 12 8.07.00 Historic /Archaeological Preservation Board — See Article VIII (Boards, 13 Commissions Committees and Authorities) of Chapter 2 (Administration) of the Collier County 14 Code of Laws and Ordinances. 15 16 8.07.01 Establ*shrnen 17 18 TheFe is hereby . Feate d a HiStO .:.. /Ar=haeoleg _l pr_ -e atie Beard ( "pine- at:gn 19 Beard,") whiGh shall seFye as an advisory beard to the -RG--G- for Ge"iew County, FIE)Fida. The 20 21 , 22 URder the diFeGt jUlFisdiGtien and Gentrel of the BGG. 23 24 8.07.02 Powers and Duties 29 the BGG; 32 6igRifiGaRGe whiGh shall be subjeGt to appFOYal, by resolution, of the BGG. This 34 PlFebab lity" and shall be GOFIRpleted within 1 year from the date of the first 35 meeting of the PFeseFyatmen BeaFd; 40 48 Fm To maintain a mastelF fire of sites, d'stF'Gts, StFUGtUF86, buildings, and so master file of sites designated as aFrhaee leg meal ly signifiGant; 19 Amend the LDC\2009-Cycle . 1 1 1 Text underlined is new text to be added. Text n.il(eth F.. gh 'a. GUFFent text to be deleted. Bold text indicates a defined term 1 2 G. To prepare and resemmend to the BGC fiRaR ial —and teshniGal %RGenf+ee 3 4 r) I..l To qnerease the awweness of histn. ...d ha I a .. r 1 d' .d 6 7 8 9 federal, OF privateSearses fer the PU;pese of fuk eHng hiStefo and io ii T .. _ - - M�1t51 BGC OR the 264 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc �..�..,.,�,.r. (2001)) an behalf of the County; 16 make FPnnrnmpnd2tqGR'; 21 RSPeGt;OR; 23 M. To design an appliGation fnr the gelctikate of appreppiateneS6; 25 To iSSUe_ GeFflfiGates ef appinepFiateness bas-pal en gFiteria- in the U.S. outlined .. 27 as amended, and *nGGFPE)F;ated by refeFeRE;e heFein; T .. _ - - M�1t51 BGC OR the 264 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 2 4 5 4. n t,•+ G`..., ti ;ia,ee GORStRlGtien, and i..RdSG.+ee ...nh Re_tUFe.., and � •• • e e e •• _ . .. .. _ e . _ . • _ _ . .. �LLTT.�!TT.AT1'lJ:L7II WM 33 8.07.05 Meetings • -P. The Preqpwatien Board's Fneet'Rg agenda shall be pub4shed the SURday pr'OF to the 48 legal R(3fiGes appeaF. S1 265 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 This page intentionally left blank. 18 266 I: \09 Amend the LDC\2009 -Cycle i \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc 1 2 Text underlined is new text to be added. Bold text indicates a defined term 34bBy ., 1�1U1'Yt� ORDINANCE NO. 2009- 29 v �UiJ <DCed .. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF \�+ COLLIER COUNTY, FLORIDA, RELOCATING THE PLANNING.? s`'n ,COMMISSION ORDINANCE FROM THE LAND DEVELOPMENT �£2�yfZp��6�� %CODE INTO THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES BY READOPTING SAID CODE IN ITS ENTIRETY AS A STAND -ALONE ORDINANCE WHILE CONCURRENTLY REPEALING SECTION 8.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 8 of the Collier County Land Development Code sets forth the establishment, powers and duties of a number of decision- making and administrative bodies, including the Planning Commission, the Board of Zoning Appeals, the Building Board of Adjustments and Appeals, the Environmental Advisory Council, and the Historic/Archaeologic Preservation Board; and WHEREAS, Article VIE (Boards, Commissions, Committees and Authorities) of Chapter 2 (Administration) of the Collier County Code of Laws and Ordinances also contains the establishment, powers and duties of a number of decision - making and administrative bodies, including the Health Facilities Authority, the Housing Finance Authority, the Coastal Advisory Committee, the County Government Productivity Committee, the Hispanic Affairs Advisory Board, the Black Affairs Advisory Board, the Affordable Housing Advisory Committee, the Tourist Development Council, the Development Services Advisory Committee, the Animal Services Advisory Board, as well as others, and also contains Standards for the Creation and Review of County Boards; and WHEREAS, there are a limited number of annual amendment cycles for the Land Development Code, whereas amending general ordinances has no such constraint; and WHEREAS, the Board finds that it is in the public interest to relocate this portion of the Land Development Code into the Collier County Code of Laws and Ordinances and to create separate ordinances for each of these Boards, thereby making it easier to amend these rules and regulations as the need arises, as well as to have the ordinances concerning all of the County's decision- making and administrative bodies located within the same administrative section of the Collier County Code of laws and Ordinances. Pale 1 of 7 267 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktl (050510).doc 7 Text underlined is new text to be added. Text strkethiough is GwfeR"e*tG-be-deteted. Bold text indicates a defined term NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Collier County hereby readopts Section 8.03.00 (Planning Commission) of the Collier County Land Development Code in its entirety, as a separate, stand -alone ordinance, as follows: (1) Establishment; Powers and Duties There is hereby established a Planning Commission, which shall have the following powers and duties: A. To serve as the local planning agency (LPA), and land development regulation commission as required by § 163.3174 and 163.3194, F.S.; B. To prepare, or cause to be prepared, the Collier County GMP, or element or portion thereof, and to submit to the BCC an annual report recommending amendments to such plan, element, or portion thereof; C. To prepare, or cause to be prepared, the LDC to implement the Collier County GMP, and to submit to the BCC an annual report recommending amendments to the LDC; D. To initiate, hear, consider, and make recommendations to the BCC on applications for amendment to the text of the Collier County GMP and the LDC; E. To initiate, review, hear, and make recommendations to the BCC on applications for amendment to the future land use map of the Collier County GMP or the official zoning atlas of the LDC; F. To hear, consider, and make recommendations to the BCC on applications for conditional use permits; G. To make its special knowledge and expertise available upon reasonable written request and authorization of the BCC to any official, department, board, commission, or agency of the County, state, or federal governments; H. To recommend to the BCC additional or amended rules of procedure not inconsistent with this section to govern the Planning Commission's proceedings; I. To perform those functions, powers and duties of the Planning Commission as set forth in chapter 67 -1246, Laws of Florida, incorporated herein and by reference made a part hereof, as said chapter has been or may be amended; and Page 2 of 7 268 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktl (050510).doc 1 Text underlined is new text to be added. to he dalptpd • Bold text indicates defined term NOW. THEREFORE, BE rr ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Collier County hereby readopts Section 8.03.00 (Planning Commission) of the Collier County Land Development Code in its entirety, as a separate, stand -alone ordinance, as follows: (1) Establishment; Powers and Duties There is hereby established a Planning Commission, which shall have the following powers and duties: A. To serve as the local - planning agency (LPA), and land development regulation commission as required by § 163.3174 and 163.3194, F.S.; B. To prepare, or cause to be prepared, the Collier County GMT, or element or portion thereof, and to submit to the BCC an annual report recommending amendments to such plan, element, or portion thereof; C. To prepare, or cause to be prepared, the LDC to implement the Collier County GMP, and to submit to the BCC an annual report recommending amendments to the LDC; D. To initiate, hear, consider, and make recommendations to the BCC on applications for amendment to the text of the Collier County GMP and the LDC; E. To initiate, review, hear, and make recommendations to the BCC on applications for amendment to the future land use map of the Collier County GMP or the official zoning atlas of the LDC; F. To hear, consider, and make recommendations to the BCC on applications for conditional use permits; G. To make its special knowledge and expertise available upon reasonable written request and authorization of the BCC to any official, department, board, commission, or agency of the County, state, or federal governments; H. To recommend to the BCC additional or amended rules of procedure not inconsistent with this section to govern the Planning Commission's proceedings; I. To perform those functions, powers and duties of the Planning Commission as set forth in chapter 67 -1246, Laws of Florida, incorporated herein and by reference made a part hereof, as said chapter has been or may be amended; and Page 2 of 269 I: \09 Amend the LDC\2009 -Cycle 1\LDC Packet \may 17 BCC Pkt \BCC Pktl (050510).doc 1 Text underlined is new text to be added. Bold text indicates a defined term J. To consider and take final action regarding preliminary subdivision plats processed pursuant to the provisions of section 4.03.00. (2) Membership A. Qualifications. 1. Members of the Planning Commission shall be permanent residents and qualified electors of Collier County. 2. Although no specific experience requirements shall be necessary as a prerequisite to appointment, consideration shall be given to applicants who have experience or who have shown interest in the area of planning, zoning, and related fields. Further consideration in the appointment of Planning Commission members shall be made so as to provide the Planning Commission with the needed technical, professional, business, and/or administrative expertise to accomplish the duties and functions of the Planning Commission. asset feFth in this I PC 3. The appointment of all members to the Planning Commission shall be by resolution of the BCC. In the event that any member is no longer a qualified elector or is convicted of a felony or an offense involving moral turpitude while in office, the BCC shall terminate the appointment of such person as a member of the Planning Commission. 4. A representative of the school district, appointed by the school board, shall serve as a non - voting member of the Planning Commission unless the BCC grants voting status to the school district representative. The school district member of the Planning Commission shall attend those Planning Commission meetings at which GMP amendments and rezoning that would, if approved, increase residential density of the property that is the subject of the application being considered. B. Appointment. The Planning Commission shall be composed of 9 members to be appointed by the BCC. All reappointments to the Planning Commission shall be made so as to achieve the following geographical distribution of membership: I. One member: County Commission District No. 4. 2. Two members: County Commission District No. 1. 3. Two members: County Commission District No. 2. 3 of 270 1: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet\may 17 BCC Pkt \BCC Pktl (050510).doc 1 Text underlined is new text to be added. Text str kethro gh 'n nn1 text 1n hp d.. Pled Bold text indicates a defined term 4. Two members: County Commission District No. 3. 5. Two members: County Commission District No. 5 (one from lmmokalee). 6. One member: Appointed by the school district. C. Term. Each appointment or reappointment shall be for a tens of 4 years. Each appointment and reappointment shall be made so that the teens of any 2 members from a single commission district shall not expire in the same year. D. Reappointment. A member may be reappointed by the BCC for only 1 successive tern, unless there are no other qualified applicants for the member's position. Appointments to fill any vacancy on the Planning Commission shall be for the remainder of the unexpired term of office. E. Removal from office. 1. Any member of the Planning Commission may be removed from office by a four - fifths vote of the BCC, but such member shall be entitled to a public hearing and reconsideration of the vote if he so requests in writing within 30 days of the date on which the vote is taken. 2. If any member of the Planning Commission fails to attend 2 consecutive Planning Commission meetings without cause, the Planning Commission shall declare the member's office vacant and the vacancy shall be filled by the BCC. F. Officers. The membership of the Planning Commission shall elect a chairman and vice- chairman from among the members. Officers' terms shall be for 1 year, with eligibility for reelection. (3) Quorum and Voting The presence of 5 or more members shall constitute a quorum of the Planning Commission necessary to take action and transact business. In addition, a simple majority vote of at least 5 members present and voting shall be necessary in order to forward a formal recommendation of approval, approval with conditions, denial, or other recommendation to the BCC. (4) Rules of Procedure A. The Planning Commission shall, by a majority vote of the entire membership, adopt mles of procedure for the transaction of business, and shall keep a record of meetings, resolutions, 271 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet\may 17 BCC Pkt\BCC Pktt (050510).doc 1 Text underlined is new text to be added. Bold text indicates a defined term findings, and determinations. The Planning Commission may provide for transcription of such hearings and proceedings, or portions of hearings and proceedings, as may be deemed necessary. B. The Planning Commission may, from time to time, adopt and amend bylaws and rules of procedure not inconsistent with the provisions of these regulations. (5) Compensation The members of the Planning Commission shall serve without compensation, but may be reimbursed for such travel, mileage, and/or per diem expenses as may be authorized by the BCC. (6) Meetings A. In order to provide convenience and promote public participation, meetings of the Planning Commission shall be held in the Immokalee area when matters pending before the Planning Commission are of sufficient concern to the Immokalee area to warrant such a meeting. The Planning Commission shall, by majority vote, make such determination at 1 of its regularly scheduled meetings well enough in advance to allow sufficient time to advertise such Immokalee meeting. All other meetings shall be held at the Collier County Government Center, Naples, Florida, unless otherwise specified by the Planning Commission or the BCC. B. All meetings and hearings of the Planning Commission shall be open to the public. (7) Staff The community development services division shall be the professional staff of the Planning Commission. (8) Appeals As to any land development petition or application upon which the Planning Commission takes final action, an aggrieved petitioner, applicant, or aggrieved party may appeal such final action to the Board of County Commissioners. An aggrieved or adversely affected party is defined as any person or group of persons which will suffer an adverse affect to an interest protected or furthered by the Collier County Growth Management Plan, Land Development Code, or building code(s). The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community _ Page .S of 7 272 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Bold text indicates a defined term good shared by all persons. The Board of County Commissioners may affirm, affirm with conditions, reverse or reverse with conditions the action of the Planning Commission. Such appeal shall be filed with the Development Services Director within 30 days of the date of final action by the Planning Commission and shall be noticed for hearing with the Board of County Commissioners, as applicable, in the same manner as the petition or application was noticed for hearing with the Planning Commission. The cost of notice shall be borne by the petitioner, applicant or aggrieved party. SECTION TWO: Repeat of Ordinance. Concurrent with the effective date of this ordinance, Section 8.03.00 (Planning Commission) of the Collier County Land Development Code is hereby repealed in its entirety. SECTION THREE: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a - separate, distinct and independent provision and such holding shall not affect the validity of the 1 remaining portion. SECTION FOUR: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of Article VIII (Boards, Commissions, Committees and Authorities) of Chapter 2 (Administration) of the Code of Laws and Ordinances of Collier County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such, and the word 'ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FIVE: Effective Date. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. 273 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text stF kethrough is to hp deleier Bold text indicates a defined term PASSED AND DULY ADOPTED by the Board of County. Commissioners of Collier County, Florida, this 7_4.N. day of N 2009. ATTEST: DwigHrA.)B$OCK, CLERK 5 53 ; epuyCler BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:_ .v DO A FIALA, CHAIRMAN 7 of 274 This ordnance filed with the Iv tIv &Y of State's Office the day of Jv 5 2o— and ackrwwiedgement of that filing received this day Of J By o.wn I:\09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc 2 Text underlined is new text to be added. Text str k ethro deh is GUFFBRt text to be deleted. Bold text indicates a defined term STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2009 -29 Which was adopted by the Board of County Commissioners on the 26th day of May, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of May, 2009. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board,.of County Commissioners';' i By: Martha Ver ara,\/ Deputy Clerk 275 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC PkhBCC Pkt1 (050510).doc Text underlined is new text to be added. Text Sti (Bth M gh 6 r FFGRt text to be de ated, Bold text indicates a defined term 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 This page intentionally left blank. 18 276 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC PkhBCC Pkt1 (050510).doc Text underlined is new text to be added. T . Bold text indicates a defined term 1 LDC Amendment Request 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: LDC10:6 — LDC10:14 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 23 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 45 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 277 1109 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text gInkethFAugh is GUrrent lext to be deleted. Bold text indicates a defined term 1 resources and environmental quality of the project area and the community and to insure that 2 planning and zoning decisions are made with a complete understanding of the impact of such 3 decisions upon the environment, to encourage projects and developments that will protect, 4 conserve and enhance, but not degrade, the environmental quality and resources of the particular 5 project or development site, the general area and the greater community. The County's land 6 development regulations shall establish the criteria for determining the type of proposed 7 development requiring an EIS including the size and nature of the proposed development the 8 location of the proposed development in relation to existing environmental characteristics the 9 degree of site alterations, and other pertinent information. An EIS shall be required fef: 10 1. Any site with an ST or ACSC ST averlay, er within the betindaFies of Sefiding Lands Elf 11 NRPAs. 12 2. All sites .,.........d of the Coastal 1li w 14:.zafd Area bounda . that aFe 2.5 13 3. All site........... ofd of the Coastal High Hazard Area betindatty that 14 4. Any ethef development of site alteration, whieh in the apinien of the develepinent 15 services difeetef, would have substantial impact upon enviraniiiental q lil� 16 The HIS n apply to a single y 17 The Ere « "ife ffient . be waived siibjeet to the oll e . 18 1_ n oe-alt,._ ^7 uses as defined in ni c 0031,21., elud -ing , eulture r _ riat:..^ .. 19 2. After inspeetion by r:..: ty staff and filing e f a written repai4, any land or pafeel F !and 20 bans h_PPs Se altered as to hEwe ifreparable damage to the o drainage, of 21 _.__.rate. .eeh f.tt tie o that the de.el^ ..a of the ^ ..n b .,p.. 22 t: of « alteration F 1 b b ^q" " "r major 23 1:.;,dfia...ms drainage, of flora and fauna el ents of the propei4y. Fef the purpose F this 24 oh r a4te.ctien shall mean a.er than 10- f h ^„ :-'use . r;.e .� � �e. 25 3. Exemptions .,hall net eel with an ST of :CSC ST _7^ within th 26 b n except F single family homes er as otheFwise 27 allewed by the ST of AGSG ST efiteFia." 28 29 Additionally, CCME Policy 2.3.6 was amended to include a pre and post water quality analysis 30 for projects impacting 5 acres or more. Specifically, CCME Policy 2.3.6 (b) states the following 31 with regards to this requirement (underlined/strike through version provided to identify changes 32 adopted with the EAR -based GMP amendments): 33 34 "Excluding single family homes, any project impacting 5 acres or more of wetlands must provide 35 a pre and post development water quality analysis to demonstrate no increase in nutrient 36 biochemical oxygen demand total suspended solids lead zinc and copper loading in the post 37 development scenario." 38 39 In evaluating this GMP requirement, technical staff from the Engineering, Environmental, 40 Comprehensive Planning and Zoning Services Department reviewed applicable literature and 41 provide the following analyses. 42 43 "The EAR based amendments for the GMP included a requirement in Policy 2.3.6 to do a Pre - 44 development vs. Post - development analysis for nutrients, BOD, TSS, Pb, Zn, and Cu. The 45 existing LDC section 10.02.02 A.4.f indicates that the analysis shall be performed using 46 "approved methodologies" and only requires the analysis on nutrients. The methodology that has 278 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet\may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. -ext stFikethrough is GUFFeRt text to be deleted. 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. 24 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 45 provide the following analyses. 46 279 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 1 CCME Policy 10.6.2 requires shoreline projects where an EIS is required, to provide an analysis 2 demonstrating that the project, remain fully functional for its intended use after a six -inch rise in 3 sea level. Staff recommends that this Policy be removed from the GMP since NOAA indicates 4 that at current rates it will take 75 years to reach a 6 inch increase. If the higher rates suggested 5 by the SWFRPC Draft Climate Change report are used it will still take approximately 66 years to 6 reach a 6 inch rise. These time frames are well beyond the accepted planning horizon. 7 8 Staff believes that current building regulations in combination with the National Flood Insurance 9 Program, provides adequate protection for all residents within the Special Flood Hazard Area 10 (SFHA) (100 year floodplain). The building code requires all buildings to be built at or above the 11 1 % annual chance storm event flood elevation set by the FEMA Flood Insurance Rate Map 12 (FIRM) program. FIRM maps use existing sea level and they are supposed to be updated every 5 13 years. The building code requires all facilities within the SFHA brought into compliance with the 14 Flood Damage Prevention ordinance with any major renovation (improvement equal to or greater 15 than 50% of the value of building). All buildings located within the SFHA with federally backed 16 mortgages are required to obtain flood insurance. 17 18 FISCAL & OPERATIONAL IMPACTS: 19 20 According to the Collier County Community Development and Environmental Services Fee 21 Schedule approved by the BCC on April 28, 2009, fees for reviewing an EIS are $2,500.00 for 22 the I" submittal and 2 "d submittal if applicable, $1,000.00 for the 3'a submittal and $500.00 for 23 4th and subsequent submittals. 24 25 Basic costs for preparation of an EIS are provided below (Summary of information obtained from 26 three environmental firms in the area). Actual costs will vary due to market conditions, contract 27 negotiations, etc. 28 29 Cost of an EIS for a small site with a minimal 20 hour listed species survey is around $12,000. 30 Depending on the size and complexity of the project, the price range for preparing an EIS ranged 31 from $12,000 to $120,000. Included in this amount are listed species surveys which generally 32 start at around $2,000. Fees for listed species surveys are often higher. For example, an 33 individual 5 day red - cockaded woodpecker (RCW) survey will cost about $8,000. The costs for 34 implementing USFWS guidelines for bald eagle monitoring, range from $25,000 to $35,000. 35 36 Eliminating the requirement for and EIS along with the separate review and approval process 37 required for it will save time and expense on the part of the applicant and County in producing, 38 printing and reviewing these documents. One consultant indicated a cost of $20,000 to $30,000 39 to prepare /compile the EIS document, amend the document according to sufficiency reviews by 40 County staff and to attend public hearings for the project. Currently an EIS is required to be 41 heard by the Environmental Advisory Council (EAC), unless a waiver of the public hearing 42 requirement is granted pursuant to the LDC. The Planning Commission (CCPC), by policy, has 43 also requested copies of Environmental Impact Statements, if an EIS is required for a particular 44 project and that project is required to be heard by the CCPC. The time and expense of scheduling 45 petitions not normally required to be heard by the EAC, to the EAC, will also be saved. 46 �Ull I: \09 Amend the LDC12009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. text to 6e deleted. Text r. 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 3`d and subsequent re- submittals 14 ($1,000 for 3`d submittal, $1,500 for 4th submittal, $2,000 for 51h 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 % x 11 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 23 regards to construction and management of a project could result in not having all the 24 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 41 42 43 44 45 f6 GROWTH MANAGEMENT PLAN IMPACT: The amendment to the EIS section of the LDC is required as part of the EAR -based GMP amendment to CCME Policy 6.1.8. OTHER NOTES/VERSION DATE: Created November 13, 2009. Amended November 24, 2009, December 7, 2009, February 17, 2010, March 16, 2010 281 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt\BCC Pkt1 (050510).doc Text underlined is new text to be added. Tti�divi ............ ...d .,�.. a.....,.wa.......w Bold text indicates a defined term 1 Amend the LDC as follows: 2 4 10.02.02 Submittal Requirements for All Applications 5 6 A. EnViFenmental OFApa6t statements 8 1 Purpose, 9 16 17 i. Pretest, senserve and enha„sa —but net degFade, the 18 19 development site, the ener°i area and the greateF GeMmunity. 20 21 II. A.xrr'nim''e the future re,'t.UGtiGn in pF()peFty values ruei., to it 22 h°__.caused by impmpedy designed n.d exeGUI ... '....t .d 23 devejeprneRt&-. 24 2S III. Red-6--n e. the no c't y fOF expenditure .^..F public f..n.do in I future, c 26 far rehabilitating the enViFenrnental the quality f areas G 27 enviFenmental sensitivity. 28 29 b. FuFtheF, it is the puizpese of this- r...ti.... M attain the widest r Of Rge 30 31 advantages and risk to public hea4h, safety, •,.'f. and ethef 32 nnns 33 34 G. It also the purpese of this ent'.. to aptimize 4alange betweeR 35 Mn I°t'e n.d . ,,.,..F„e use to permit high `ta...n't..ar'ts of loving and - a ,- ..,a•,d 36 sharing of . ......F. e6 and .a.meR ties ..m na all Gitizens and residents ft f 37 Yn.d . •` ten to GoNi .r Ce_nh. ,d_ n the present and future nen..r..t'r.n 38 39 2. Applioab ilit F— °..,!.renmeRtal qFnpaGt statement (EIS) .red Without fiFs tt 40 obtaiRing aPPFGval of an ., a red b 41 10.02.02 A.7 y this Ge de it shall be nl....4 I .....d FIG building 42 43 44 develepmerit eF site alteFatien shall be issued to Gause the development of OF Site 45 atteraiid3n e 46 47 a Any site with a CT er AGS-G- CT .. eddy 48 49 b. 1111 sites se and 0 the veastal- ma„agement boundary that are 2.5 0 50 ,more aoraT 51 282 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text striketAm gh 8 GUFrent text to be deleted, Bold text indicates a defined term G. All sites I;;Rd-I.A.fard- of the Geastal FnaRageMeRt boundary that aFe ten o 1 2 more -awes 283 1: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Bold text indicates a defined term ."BW 18 TE)pE)gFaph G map, and existing drainage patteFA6 of appliGable. 200 feet shall be PFE)Yided. Department D_ 11 aR aerial haViRg 1 iRGh to least 200 photograph a sGale of equal at 12 feet when a-va-Hable frern the County. Othel: be SGale aerials may 13 used wheFe for the of the the apprOpFiate size pFejeGt, pFavided 33 Site PIaR ShE)WiRg PF86eFV86 9R site, and how they align with 16 RGIuded OR the aeFqal. A 18 TE)pE)gFaph G map, and existing drainage patteFA6 of appliGable. 20 shall be PFE)Yided. Department 27 eff site dFainage. 29 VF. ■_ 33 Site PIaR ShE)WiRg PF86eFV86 9R site, and how they align with 35 plan IGGatiGRG Of PFOP06ed and existing develepmeRt, Mads, and 37 plaRS for these sites, as well as publil; owned Gensewat'OR Iands, 42 the IGGatiGR of the site, and 'and use designat'GRs and evedays ass 43 &R,fifiPid n the GrevAh Management Plan. so Explain how the projeGt ;G rnnsiGtMt w0th PaGh of the • 284 L \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. ............. rent text .v vim..... •...pv. Bold text indicates a defined term Element of the GFOwth MaRagement Plan, where appliGable. 2 . � � �sarr_rr_*: r_sssorma_�srna 13 P. Explain how the PFOjeGt meets Ar exppPid-s; the native vegetafiGR 14 presepwatiOR FeqUiFernent in Goal 6 of the Gensei:vatien and 16 and Chapters 3 and 10 of the Land Development Code. Provide 22 dnownpmtgfien that the parGel(s) are !R GGMplianGe with the 25 23 yeaF rezone IiMitatiGIR OR POIiGy 6.1.5 of the GensewatiaR and 24 Coastal PAR-Ragement Elemen, of the ■.- .. - - pFav;de deGILIMeRtAtion that the Development 28 PFBYbGUSIY identified OR the Growth MaRagement Plan and Land 35 what is pmpesed. 39 to why these weas aFe being impaiSted OF PF8SeF' J, • 41 e. Wetlands. 44 wetlands (PUFSuant te PGIiGy 6.2.1 and 6.2.2 of the I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet\may 17 BCC Pkt1BCC Pkt1 (050510).doc 9 site by vegetation type (6peGieS), vegetation SOMPOSROOR (Ganep�-, 13 P. Explain how the PFOjeGt meets Ar exppPid-s; the native vegetafiGR 14 presepwatiOR FeqUiFernent in Goal 6 of the Gensei:vatien and 16 and Chapters 3 and 10 of the Land Development Code. Provide 22 dnownpmtgfien that the parGel(s) are !R GGMplianGe with the 25 23 yeaF rezone IiMitatiGIR OR POIiGy 6.1.5 of the GensewatiaR and 24 Coastal PAR-Ragement Elemen, of the ■.- .. - - pFav;de deGILIMeRtAtion that the Development 28 PFBYbGUSIY identified OR the Growth MaRagement Plan and Land 35 what is pmpesed. 39 to why these weas aFe being impaiSted OF PF8SeF' J, • 41 e. Wetlands. 44 wetlands (PUFSuant te PGIiGy 6.2.1 and 6.2.2 of the I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet\may 17 BCC Pkt1BCC Pkt1 (050510).doc T Text underlined is new text to be added. iex .: iketh... gh b current text In hp deleted, Bold text indicates a defined term 1 by the Seuth Florida \A atplw Mano..^m^nf DiStF;_t OF CI_rida 2 .n.. ..rt nt of Cn... nmenta Dr_{..:f.n nr_. to __I_'.".'..__._.. W ter... n..^ 3 the County. 4 5 H. o teF . _.......enal and h,_l..r,_ high water levels _!I r_In.. n..hen 6 7 8 naFFat've addres_. ^ the nt,n nad^rl ..trel eleya1,_n /n\ fnr the 9 site: 286 I: \09 Amend the LDC\2009 -Cycle i \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc 12 and- thP P-ffeGtS of proposed irnpaGtS OR the fURGfions of these 14 be impaGtP-d and thasp to be preserved en site. Ppqrphp. hAiA 15 mpaets to weflands have been rninirni-zed. 17 V. lRdiGate how the pFojeGt design GOMpensates for wetiand .. 19 G-GRISPWation and Coastal ManagemeRt Element of the GFO 20 MaRagemeRt Plan. For sites On the RRAIJ distrilst, provide an 21 assessmeRt, based en the South PeFida Water ManagerneRt 24 e-F. the Florida DepaFtment of Envire-prneantal PrA-t,P-9-t-.OB,R.. R91, 64-P-6 31 i. PFE)vide an overall deSGFipt6E)R of the PFE)pesed wateF management 33 dra'Rage flows, off site flows GOFndRg OR to the system and hei " A - , 34 they will be iRGerperated on the system OF pas-sed wround the 35 system, pessifive. nuffiall availability, Wet Season V.1-ater Table and DFy Seasen Water Table, and how they were determined, and any 40 PFovide an aRalysis of peteRtial water quality impaGts of the 47 peFfeFFned Using methodologies appreved by Federal and State 48 water qualit, 286 I: \09 Amend the LDC\2009 -Cycle i \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Bold text indicates a defined term .,.... :: +!'...^. thtm mnc;t RAns t,.p :prone S;T,.. 1109 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt\BCC Pkt1 (050510).doc Text underlined is new text to be added. Text sti ketimo gh'c GUFFPFIt tPN In he An eted Bold text indicates a defined term 11 12 13 14 surveys that have thee° Aonfi, Gted en the pF e6t area. t eoate any 15 16 the PFGPG68d e eet de6ign. ne.., st.ete the,., the .. eet aee'e 17 pFesewes the t.'etOFiG/ ..GhaeeiegieaI integrity of the Site. 18 19 20 f nef e al fe. 'f ..fe...f e.f U6R epe. e C inch riere ..n .. Ie.,eI ., 21 reqUiFed by the GrevAh MaRageMeRt Plan. 22 23 `a. naaOtie al data The G-e16Iet., eeaRage. e. his designee ., a „.e . ddit'GRal �.� .. ..y... .....,.y...... :� ey ...... ................ 24 dPi AF ORf4aFFnRtj n .,. eFder to .hake a them et 25 .el ,., t'e of tt.e ... 26 27 6. Relatie.. behAyeen eie end development of regional i neet (non in a ., .,eta!IGe 28 29 embedied ,n ne.t n.e. ;aed e„eti . ee.t i..ei a,.e all the . ...; ed ,..fewination 30 n tieth the Fic and not 31 32 A. Environmental Data Submittal Requirements 33 34 1. Purpose. The purpose of this section is to identify the types and format of data 35 that is required to review a proposed project to ensure it meets the land 36 development standards contained within the Land Development Code. 37 38 2. Preparation of Environmental Data. Environmental Data Submittal Requirements 39 shall be prepared by an individual with academic credentials and experience in 40 the area of environmental sciences or natural resource management. Academic 41 credentials and experience shall be a bachelor's or higher degree in one of the 42 biological sciences with at least two years of ecological or biological professional 43 experience in the State of Florida. 44 45 3. Environmental Data. The following information shall be submitted, where 46 applicable, to evaluate projects. 47 48 a. Wetlands 49 so i. Identify on a current aerial, the location and acreage of all Collier 51 County /SFWMD jurisdictional wetlands according to the Florida 288 is \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktt (050510).doc Text underlined is new text to be added. Text sty kethico gh is Gurrent te)Et to be deleted. 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 nlat cnnctnirtinn 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. 16 17 ii. SDP or final plat construction plans with impacts to five (5) or 18 more acres of wetlands shall provide an analysis of potential 19 water quality impacts of the protect by evaluating water quality 20 loadings expected from the proiect (post development conditions 21 considering the proposed land uses and stormwater management 22 controls) compared with water quality loadings of the proiect area 23 as it exists in its pre - development conditions. The analysis shall 24 be performed using methodologies approved by Federal and 25 State water quality agencies, and must demonstrate no increase " 26 in nutrients (nitrogen and phosphorous) loadings in the post 27 development scenario. 28 29 iii. Where treated stormwater is allowed to be directed into 30 preserves, show how the criteria in 3.05.07 H have been met. 31 32 iv. Where native vegetation is retained on site, provide a topographic 33 map to a half foot and, where possible, provide elevations within 34 each of the FLUCFCS Codes identified on site. For SDP or final 35 plat construction plans, include this information on the site plans 36 37 b. Listed Species and Bald Eagle Nests and Nest Protection Zones 38 39 i. Provide a wildlife survey for the nests of bald eagle and for listed 40 species known to inhabit biological communities similar to those 41 existing on site. The survey shall be conducted in accordance with 42 the guidelines or recommendations of the Florida Fish and Wildlife 43 Conservation Commission ( FFWCC) and the U.S. Fish and 44 Wildlife Service (USFWS). Survey times may be reduced or 45 waived where an initial habitat assessment by the environmental 46 consultant indicates that the likelihood of listed species 47 occurrence is low, as determined by the FFWCC and USFWS. 48 Where an initial habitat assessment by the environmental 49 consultant indicates that the likelihood of listed species 50 occurrence is low, the survey time may be reduced or waived by 31 the Countv Manaaer or desionee. when the nrnient is not 289 1109 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added Bold text indicates a defined term 1 reviewed or technical assistance not provided by the FFWCC and 2 USFWS. Additional survey time may be required if listed species 3 are discovered. 4 5 ii. Provide a survey for listed plants identified in 3.04.03. 7 iii. Wildlife habitat management and monitoring plans in accordance 8 with 3.04.00 shall be required where listed species are utilizing the 9 site or where wildlife habitat management and monitoring plans 10 are required by the FFWCC or USFWS. These plans shall 11 describe how the project directs incompatible land uses away 12 from listed species and their habitats. Identify the location of listed 13 species nests burrows dens foraging areas and the location of 14 any bald eagle nests or nest protection zones on the native 15 vegetation aerial with FLUCFCS overlay for the site. Wildlife 16 habitat management plans shall be included on the SDP or final 17 plat construction plans. Bald eagle management plans are 18 required for sites containing bald eagle nests or nest protection 19 zones copies of which shall be included on the SDP or final plat 20 construction plans. 21 according to the Florida Land Use Cover and Forms Classification 22 C. Native vegetation preservation 23 24 i. For sites or portions of sites cleared of native vegetation or in 25 agricultural operation, provide documentation that the parcel(s) 26 were issued a permit to be cleared and are in compliance with the 27 25 year rezone limitation pursuant to section 10.02.06. For sites 28 permitted to be cleared prior to July 2003, provide documentation 29 that the parcel(s) are in compliance with the 10 year rezone 30 limitation previously identified in the GMP. Criteria defining native 31 vegetation and determining the legality, process and criteria for 32 clearing are found in 3.05.05, 3.05.07 and 10.02.06. 33 34 ii. Identify on a current aerial the acreage, location and community 35 types of all upland and wetland habitats on the proiect site, 36 according to the Florida Land Use Cover and Forms Classification 37 System (FLUCFCS) and provide a legend for each of the 38 FLUCFCS Codes identified. Aerials and overlay information must 39 be legible at the scale provided. Provide calculations for the 40 acreage of native vegetation required to be retained on -site. 41 Include the above referenced calculations and aerials on the SDP 42 or final plat construction plans. In a separate report, demonstrate 43 how the preserve selection criteria pursuant to 3.05.07 have been 44 met. Where applicable include in this report an aerial showing the 45 proiect boundaries along with any undeveloped land, preserves, 46 natural flowways or other natural land features, located on 47 abutting properties. 48 49 iii. Include on a separate site plan, the proiect boundary and the land 50 use designations and overlays for the RLSA. RFMU, ST and 51 ACSC -ST districts. Include this information on the SDP or final p'P I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text Wkethmugh is GLIFFeRt text to be deleted. Bold text indicates a defined term 1 plat construction Dlans. 2 3 iv. Where off -site preservation of native vegetation is proposed in 4 lieu of on -site, demonstrate that the criteria in section 3.05.07 5 have been met and provide a note on the SDP or final plat 6 construction plans indicating the type of donation (monetary 7 payment or land donation) identified to satisfy the requirement. 8 Include on the SDP or final plat construction plans a location 9 map(s) and property identification number(s) of the off -site 10 parcel(s) if off -site donation of land is to occur. 11 12 d. General environmental requirements 13 14 i. Provide the results of any Environmental Assessments and /or 15 Audits of the property, along with a narrative of the measures 16 needed to remediate if required by FDEP. 17 18 ii. Soil and /or ground water sampling shall be required at the time of 19 first development order submittal for sites that occupv farm fields 20 (crop fields, cattle dipping ponds chemical mixing areas), golf 21 courses, landfill or iunkyards or for sites where hazardous 22 products exceeding 250 gallons of liquid or 1,000 pounds of 23 solids were stored or processed or where hazardous wastes in 24 excess of 220 pounds per month or 110 gallons at any point in 25 time were generated or stored. The amount of sampling and 26 testing shall be determined by a registered professional with 27 experience in the field of Environmental Site Assessment and 28 shall at a minimum test for organochlorine pesticides (U.S. 29 Environmental Protection Agency (EPA) 8081) and Resource 30 Conservation and Recovery Act (RCRA) 8 metals using Florida 31 Department of Environmental Protection (FDEP) soil sampling 32 Standard Operating Procedure (SOP) FS 3000, in areas 33 suspected of being used for mixing and at discharge point of 34 water management system. Sampling should occur randomly if no 35 points of contamination are obvious. Include a background soil 36 analysis from an undeveloped location hydraulically upgradient of 37 the potentially contaminated site. Soil sampling should occur must 38 below the root zone, about 6 to 12 inches below ground surface or 39 as otherwise agreed upon with the registered professional with 40 experience in the field of Environmental Site Assessment. Include 41 in or with the Environmental Site Assessment, the acceptable 42 State and Federal pollutant levels for the types of contamination 43 found on site and indicate in the Assessment, when the 44 contaminants are over these levels. If this analysis has been done 45 as part of an Environmental Audit then the report shall be 46 submitted. The County shall coordinate with the FDEP where 47 contamination exceeding applicable FDEP standards is identified 48 on site or where an Environmental Audit or Environmental 49 Assessment has been submitted. 50 -51 iii. Shoreline development must Drovide an analvsis demonstrating 291 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text sti i(ethrn gh s G not tp)d to be-deleted, Bold text indicates a defined term 1 that the proiect will remain fully functional for its intended use after 2 a six -inch rise in sea level. 4 iv. Provide justification for deviations from environmental LDC 5 provisions pursuant to GMP CCME Policy 6.1.1 (13), if requested. 6 7 v Where applicable, provide evidence of the issuance of all 8 applicable federal and /or state oil and gas permits for proposed oil 9 and gas activities in Collier County. Include all state permits that 10 comply with the requirements of Chapter 62C -25 through 62C -30, 11 F.A.C., as those rules existed on January 13, 2005. 12 13 e. Other code requirements 14 15 i. Identify any Wellfield Risk Management Special Treatment 16 Overlay Zones (WRM -ST) within the project area and provide an 17 analysis for how the project design avoids the most intensive land 18 uses within the most sensitive WRM -STs and will comply with the 19 WRM -ST pursuant to 3.06.00. Include the location of the Wellfield 20 Risk Management Special Treatment Overlay Zones on the SDP 21 or final plat construction plans. For land use applications such as 22 standard and PUD rezones and CUs, provide a separate site plan 23 or zoning map with the project boundary and Wellfield Risk 24 Management Special Treatment Overlay Zones identified. 25 26 ii. Demonstrate that the design of the proposed stormwater 27 management system and analysis of water quality and quantity 28 impacts fully incorporate the requirements of the Watershed 29 Management regulations of 3.07.00. 30 31 iii. For sites located in the Big Cypress Area of Critical State 32 Concern - Special Treatment overlay district (ACSC -ST). show how 33 the project is consistent with the development standards and 34 regulations in 4.02.14. 35 36 iv. For multi -slip docking facilities with ten slips or more, and for all 37 marina facilities, show how the project is consistent with 5.05.02. 38 Refer to the Manatee Protection Plan for site specific 39 requirements of the Manatee Protection Plan not included in 40 5.05.02. 41 42 V. For development orders within RFMU sending lands, show how 43 the project is consistent with each of the applicable Obiectives 44 and Policies of the Conservation and Coastal Management 45 Element of the GMP. 46 47 f. Additional data 48 49 The County Manager or designee may require additional data or 50 information necessary to evaluate the project's compliance with 51 LDC and GMP requirements. 292 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktt (050510).doc Text underlined is new text to be added. Text strikethrough is GUFFeRt text to be deleted. Bold text indicates a defined term 2 4. PUD zoning and CU petitions. For PUD rezones and CU petitions, applicants 3 shall collate and package applicable Environmental Data Submittal 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 ES 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. ions), 14 of this Cede 15 16 b. Cingle family OF duplex uses OR a single Oat ^ paFGB'. 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.B.4. These exemptions shall not apply 22 to the following. 23 24 i. Wetland delineations and permitting. 25 26 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 agricultural 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 seFl:.tye areas. Any area OF PaFG81 of Iand ,•hiGh 6 ROt, in the f the, Rty Manag h• designee, 3 8 eplt�.o:,-- or-R,� , T. T- �. .�ger�r— .,.s�slQ;,ee��--- a:2a —a 39 ided that the subje6t pFopeFty de-es not fall withiR RR AGSG AF ST 40 42 43 I. The subjeGt PFOP� edo -h as al Feady been R.ltered thMu h pa st 44 usage, pFieF to the ade ptien of this Code On ah a r that 45 the ad %vill not further .d..g Fa d^ the PinWremirnpntai 46 quallity of the site or the SUFF96111diRg areas whiGh might be 47 affested by the pFeposed use. 48 49 il. The m r flora and fauna features have bee... altered e. ead 50 der ;--rh a aoedeent as to ^ eol Ida !hail, reasonable rad•eo 51 Useful eoe.e.loe.iGal ^ Ana ale would be '^ dh o n- as e m- f 293 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktt (050510).doc Text underlined is new text to be added. Text _tF .ethro gh S ...a text to be t.e pted Bold text indicates a defned term titlr{i1. 15 16 17 18 19 fa , elements of the p eFty 20 21 22 23 fd. All NBMO Receiving Lands in accordance with 2.03.08 A.2.a(1). 24 25 GA. 26 27 #e. A conventional rezone with no site plan or proposed development plan. 28 This exemption does not apply to lands that include any of the following 29 zoning, overlays or critical habitats: Conservation (CON), Special 30 Treatment (ST), Area of Critical State Concern (ACSC), Natural 31 Resource Protection Areas (NRPA's), Rural Fringe Mixed Use (RFMU) 32 Sending Lands, Xeric Scrub, Dune and Strand, Hardwood Hammocks, or 33 any land occupied by listed species or defined by an appropriate State or 34 Federal agency to be critical foraging habitat for listed species. 35 36 f. In those areas of Collier County where oil extraction and related 37 processing is an allowable use such use is subject to applicable state 38 and federal oil and gas permits and Collier County non - environmental site 39 development plan review procedures. Directional - drilling and /or 40 previously cleared or disturbed areas shall be utilized in order to minimize 41 impacts to native habitats, where determined to be practicable. This 42 requirement shall be deemed satisfied upon issuance of a state permit in 43 compliance with the criteria established in Chapter 62C -25 through 62C- 44 30 F.A.C. as those rules existed on January 13. 2005, regardless of 45 whether the activity occurs within the Big Cypress Watershed, as defined 46 in Rule 62C- 30.001(2) F.A.C. All applicable Collier County environmental 47 permitting requirements shall be considered satisfied by evidence of the 48 issuance of all applicable federal and /or state oil and gas permits for 49 proposed oil and gas activities in Collier County, so long as the state 50 permits comply with the requirements of Chapter 62C -25 through 62C -30, 51 F.A.C. For those areas of Collier County outside the boundary of the Big 294 1109 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. FikethFOugh 6 rtet text to he dp ntpri Bold text indicates a defined term 1 Cypress Watershed, the applicant shall be responsible for convening the 2 Big Cypress Swamp Advisory Committee as set forth in Section 377.42, 3 F.S., to assure compliance with Chapter 62C -25 through 62C -30, F.A.C. 4 even if outside the defined Big Cypress Watershed. All access roads to 5 oil and gas uses shall be constructed and protected from unauthorized 6 uses according to the standards established in Rule 62C- 30.005(2)(a)(1) 7 through (12), F.A.C. 9 8. Fees. In oredor to element maintain n,d onfarno this rnede the Goat UPOR 10 submOssmen of the a ntal i aet statement shall be established by as 11 . 12 13 9. Appeals: 14 15 a Any n by the denislen of the County Manager or his- aggFieved 1 G designee EIS dva'res this the FegaFdgng PF GGe or submittals (i.° eGfin of 17 Cede) file a request forappeal, of later than ten dates after may Witten 18 said ednnisinn w0th the CAC nr their s„ zat'en 19 20 -h The CAC ,.ill notify the a teed n ned the County Manager his OF 21 . designee the .dafo_ deem nln a that shall be heaF d. of ... and r.�e uGh vNr� al 22 c;h et'f'eafien he 21 days r to the hea: n all win giveR unless 23 paFties thic nt waive 24 25 6 The be heard by the CAC ..;thin 60 days of the .. hm's of appeal will 26 the appeal. 27 28 d. Ten__da:Ts to the hearing the_a99aeved p' persen sha." sub^^'`he 29 FnC aged to the County Manager his .designee of the data anal OF GGpies 30 nfnrmnt'nn he intends to in hie. use appeal. 31 32 a Upon a nei,isien of the hearing the CAC s bmOt to the QCC the'r will 33 faGtS, fiRdiRgs and reGOmmeRdatieRS-. 34 35 f The BCC regular will ake the final deGiSiOR to aft FM 36 37 light of the of the CAC PeGeMITIPRdafiens 38 39 40 f *R, IA09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text F kethH) gh is current te)d to be deleted. Bold text indicates a defined term 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 This page intentionally left blank. 18 *011 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text str LeIAm gh is G emit text to be deleted. 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: Engineering and Environmental Services Department 10 11 AMENDMENT CYCLE: Cycle 1, 2008 12 13 LDC PAGE: LDC10.104- LDC10.109 14 15 LDC SECTION(S): 10.02.06 Submittal Requirements for Permits 16 17 CHANGE: Change the requirement for annual vehicle on the beach permits to a one time 18 permit (vehicle registration), except for vehicles associated with construction, beach 19 nourishment and inlet maintenance, which shall continue to expire on April 30 of each year to 20 coincide with the beginning of sea turtle nesting season. 21 22 Include the requirement for maximum vehicle ground -to -tire pressure of ten PSI (pounds per 23 square inch) for vehicles in association with environmental related beach activities and include in 24 the exemption subsection, an exemption for government agencies responding to emergency 25 situations such as that generated by storm events. 26 27 Include in the amendment, the standard formula used by the State to calculate maximum vehicle 28 ground -to -tire pressure. 29 30 Include hand pulled or pushed carts /dollies/hand trucks or similar type equipment for personal 31 use in the exemptions subsection. 32 33 REASON: Currently all vehicle on the beach permits expire on April 30`t' of each year to co- 34 inside with the beginning of sea turtle nesting season, thus requiring the issuance of new permits 35 each year. A one time permit (vehicle registration) will insure that new vehicles meet the 36 required ten PSI (pounds per square inch) ground to tire pressure without having to apply for a 37 new permit each year. The permit received will include information on the regulations for 38 operation of vehicles on Collier County beaches so applicants are aware of the requirements. 39 40 All vehicles on the beach, other than for beach nourishment type vehicles /equipment and 41 emergency vehicles are required to have a maximum ground -to -tire pressure of ten PSI. This 42 requirement was inadvertently left out for environmental work type vehicles when the vehicle on 43 the beach section of the LDC was last amended. 44 297 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktt (050510).doc Text underlined is new text to be added. to be deleted. Text StFikethrough s current ' Bold text indicates defned term 1 Government entities responding to emergency situations requiring the use of vehicles /equipment 2 not being able to meet the maximum ground -to -tire pressure of ten PSI have been included in the 3 exemption subsection. 4 5 Including the standard formula for calculating the maximum vehicle ground -to -tire pressure in 6 the Code will make it easier for applicants to locate the formula in which to make the 7 calculations. 8 9 Including hand pulled or pushed carts /dollies/hand trucks or similar type equipment for personal 10 use in the exemptions subsection should not have a detrimental effect on the beach since this type 11 equipment would be difficult to use and have very limited use on the beach if it did not meet a 12 maximum ground -to -tire pressure of ten PSI. 13 14 FISCAL & OPERATIONAL IMPACTS: Time would be saved on the part of staff and the 15 applicant in preparing, reviewing and issuing permits each year for vehicles which have 16 previously demonstrated they meet the ten psi ground to tire pressure requirement. 17 18 According to the fee schedule approved by the BCC, vehicle on the beach permits cost $250. 19 Several vehicles may be registered under the same permit when used by the same entity. Permit 20 fees are waived in the fee schedule for public and non - profit organizations engaging in 21 environmental activities for scientific, conservation or educational purposes. 22 23 Some additional cost will be incurred upon the County initially to develop vehicle registration 24 stickers to be placed on vehicles to operate on the beach. 25 26 RELATED CODES OR REGULATIONS: 5.04.06 (not affected by this amendment) 27 28 GROWTH MANAGEMENT PLAN IMPACT: None 29 30 OTHER NOTESNERSION DATE: Created August 3, 2009. 31 32 33 Amend the LDC as follows: 34 35 36 10.02.06 Submittal Requirements for Permits 37 38 39 I. Vehicle on the beach regulations. 40 41 1. Unlawful to drive on sand dunes or beach or to disturb sand dune. 42 It shall be unlawful: 43 44 a. To operate or cause to be operated a hand -, animal -, or engine- driven 45 wheel, track or other vehicle or implement on, over or across any part of 46 the sand dunes, hill or ridge nearest the gulf, or the vegetation growing 47 thereon or seaward thereof, or to operate or drive such a vehicle on the 'rl•I -] I:\09 Amend the LDC\2009 -Cycle 1 \LDC Packet\may 17 BCC Pkt \BCC Pkt1 (050510).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 GtF kBthFGUgh 16 GUFrent text to be deleted. Bold text indicates a defined term area seaward thereof, commonly referred to as "the beach within Collier GeantY, FIerida. b. To alter or cause to be altered any sand dune or the vegetation growing thereon or seaward thereof; make any excavation, remove any material, trees, grass or other vegetation or otherwise alter existing ground elevations or condition of such dune without first securing a permit as provided for in this Code. 2. Exceptions; permit. All permits to allow operation of vehicles on county beaches shall expire OR April an of each year, tG Ggin6de with the beginning of r t gal nesting season be subject to the following. During sea turtle nesting season, May 1 through October 31, of each year, all permits shall be subject to section 10.02.06 1.3 below. Permits issued in accordance with this section shall be valid for the time the vehicle is used for its permitted function and shall be prominently displayed on the windshield of such vehicle and kept with the vehicle and be available for inspection. Permits issued for construction vehicles engaged in beach nourishment, inlet maintenance, and general construction activities shall expire on April 30, of each year, to coincide with the beginning of sea turtle nesting season. Vehicle on the beach permits are not transferable. a. Sheriff, city, state and federal police, emergency services, and the Florida Fish and Wildlife Conservation Commission vehicles operated or authorized by officers of these departments operating under orders in the normal course of their duties, and government entities responding to emergency situations, shall be exempt from the provisions of this section. b. Vehicles which must travel on the beaches in connection with environmental maintenance, conservation, environmental work, and /or for purposes allowed by Collier County Ordinance No. 89 -16, providing that the vehicle(s) associated with the permitted uses of Collier County Ordinance No. 89 -16 remain stationary, except to access and egress the beach, shall be exempt from the provisions of this section if a permit has been obtained from the PnvdrAnMPRtRI ° s d^^ ^am^ ^f d'•^ ^'^• Rr his County Manager or designee, and said [peFM" is picemineRtly displayed .. the WiRdshield of s •..L. vehicle and kept with the vehicle and available fef inspeetieR. The procedure for obtaining such a permit shall be by application on the form prescribed by Collier County depaament direGil er On %witipig stating the reason or reasons why it is necessary for such vehicle or vehicles to be operated on the beaches in connection with an environmental maintenance, conservation, environmental purpose and /or for purposes allowed by Collier County Ordinance No. 89 -16, taking into consideration the vehicular use restriction previously stated as a criterion for an exception, and perntitier if the County Manager or designee is satisfied that a lawful and proper environmental maintenance, conservation, environmental purpose and /or purpose as described above and allowed by Collier County Ordinance No. 89 -16 will be served thereby. All permits issued are subject to the following conditions and limitations: 1109 Amend the LDCV009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc 300 I:\09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text stFik J6m gh is .,__ _.. t text to be HP4RtPrl Bold text indicates a defined term 1 2 i_ All vehicles shall be equipped with tires having a maximum 3 ground -to -tire pressure of ten PSI (pounds per square inch) as 4 established by the Standard PSI Formula provided below. 5 Calculations for tire pressure using the standard formula shall be 6 included with each permit application. 7 8 PSI = vehicle weight (Ibs) + equipment (including maximum debris load 9 for beach raking equipment and rider weight (Ibs) / total tire footprint 10 (square inches) 11 12 C. Baby buggies (perambulators), toy vehicles, toy wagons, wheelchairs or 13 similar devices to aid disabled or non - ambulatory persons and hand 14 pulled or pushed carts /dollies /hand trucks or similar type equipment for 15 personal use shall be exempt from the provisions of this section. 16 17 d. Vehicle -on- the -beach permits issued in conjunction with special or 18 annual beach events, in conjunction with permanent concession facilities, 19 or for other routine functions associated with permitted uses of 20 commercial hotel property. Vehicles which are used in conjunction with 21 functions on the beach, are exempt from the provisions of this section if a 22 vehicle -on the -beach permit has been granted by the County Manager or 23 designee. All permits issued are subject to the following conditions and 24 limitations: 25 26 i. The use of vehicles shall be limited to set -up and removal of 27 equipment for the permitted function. 28 29 ii. Said permits shall be prominently displayed on the vehicle and 30 kept with the vehicle and available for inspection. 31 32 iii. The types of vehicles permitted for this use may include ATVs, 33 non - motorized handcarts or dollies, and small utility wagons, 34 which may be pulled behind the ATVs. 35 36 iv. All vehicles shall be equipped with large pneumatic tires having a 37 maximum ground -to -tire pressure of ten PSI (pounds per square 38 inch), as established by the Standard PSI Formula. Calculations 39 for tire pressure using the standard formula shall be included with 40 each permit application. 41 42 V. Permits shall only be issued for ATVs when eRViFORrnentaI 43 es depa *m^^t sta the County Manager or designee has 44 determined that: 1) evidence has been provided that there is a 45 need to move equipment, which, due to the excessive weigh and 46 distance of equal to or greater than 200 feet, would be prohibitive 47 in nature to move with, push carts or dollies; or 2) a limited 48 designated work area has been established at the foot of the 49 dune walkover for loading and unloading and the ATV use is 50 restricted to that limited identified area. 51 300 I:\09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. ...., ,.y,, is .,,..,..,,. ...... a ., deleted, Bold text indicates a defined term 1 vi. When not in use all vehicles shall be stored off the beach. 2 3 vii. During sea turtle nesting season, the following shall apply: 1) no 4 vehicle may be used on the beach until after completion of daily 5 sea turtle monitoring conducted by personnel with prior 6 experience and training in nest surveys procedures and 7 possessing a valid Fish and Wildlife Conservation Commission 8 Marine Turtle Permit; 2) there shall be no use of vehicles for set 9 up of chairs or hotel or commercial beach equipment, etc. until 10 after the beach has been monitored; 3) one ingress /egress 11 corridor onto and over the beach, perpendicular to the shoreline 12 from the owner's property, shall be designated by the Sellier 13 County— Environmental oew;ees Department ( €SD) Countv 14 Manager or designee; additional corridors may be approved when 15 appropriate and necessary as determined by the EBB Countv 16 Manager or designee; a staging area may be approved for large 17 events as determined by the E-&9 County Manager or designee 18 and 4) except for designated corridors, all motorized vehicles shall 19 be operated below the mean high water line (MHW), as generally 20 evidenced by the previous high tide mark. If at anytime E&D the 21 County Manager or designee determines that the designated 22 corridor may cause adverse impacts to the beach, nesting sea 23 turtles, or the ability of hatchlings to traverse the beach to the 24 water, an alternative corridor shall be designated. If no alternative 25 is available, as determined by the E-,&9 County Manager or 26 designee, the vehicle -on- the -beach permit may be suspended for 27 the remaining period of the sea turtle season. 28 29 vii. These vehicles may not be used for transportation of people or 30 equipment throughout the day. The permit shall designate a 31 limited time for equipment set up and for the removal of the 32 equipment at the end of the day. 33 34 e. Permit for construction (excluding beach re- nourishment and 35 maintenance activities). Prior to beginning construction in proximity to a 36 sand dune for any purpose whatsoever, including conservation, a 37 temporary protective fence shall be installed a minimum of ten feet 38 landward of the dune. It shall be unlawful to cause or allow construction 39 and related activity seaward of such fence. Each permit for work shall 40 clearly indicate the provisions of this Code and the protective measures 41 to be taken and shall be subject to the provisions of section 10.02.06 1.3. 42 43 f. Beach raking and mechanical beach cleaning. 44 45 i. Beach raking and mechanical beach cleaning shall be prohibited 46 on undeveloped coastal barriers unless a state permit is obtained. 47 48 ii. Beach raking and mechanical beach cleaning must comply with 49 the provisions of section 10.02.06 I. of this Chapter. 50 51 iii. Beach raking and mechanical beach cleaning shall not interfere 301 I: \09 Amend the LDCV009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkti (050510).doc Text underlined is new text to be added. deleted: Bold text indicates a defined term 1 with sea turtle nesting, shall preserve or replace any native 2 vegetation on the site, and shall maintain the natural existing 3 beach profile and minimize interference with the natural beach 4 dynamics and function. 5 6 iv. Beach raking and mechanical cleaning shall not occur below 7 MHW on the wet sand area of beach which is covered by high 8 tide and which remains wet during low tide. Bbeach raking and 9 mechanical beach cleaning shall not operate or drive within 15 10 feet of dune vegetation and endangered plant and animal 11 communities, including sea turtle nests. Surface grooming 12 equipment that does not penetrate the sand may operate or drive 13 to within ten feet of dune vegetation and endangered plant and 14 animal communities, including sea turtle nests. 15 16 V. Beach raking and mechanical beach cleaning devices shall not 17 disturb or penetrate beach sediments by more than the minimum 18 depth necessary, not to exceed two inches, in order to avoid a 19 potential increase in the rate of erosion. 20 21 vi. Vehicles with greater than ten psi ground to tire pressure, shall 22 not be used to conduct beach raking. Vehicles with less than ten 23 psi ground to tire pressures, in conjunction with the attachment of 24 a screen, harrow drag or other similar device used for smoothing 25 may be used to conduct beach raking upon approval of the ESD 26 County Manager or designee. 27 28 vii. Mechanical beach cleaning involving sand screening or a 29 combination of raking and screening shall only be conducted on 30 an "as needed" basis as determined by the des 31 eRgiReeFiRg —department and the envirenmental sew;Ges 32 depakment County Manager or designee. Necessity will include 33 when large accumulations of dead and dying sea -life or other 34 debris remains concentrated on the wrack -line for a minimum of 35 two tidal cycles following a storm event, red tide or other materials 36 which represent a hazard to public health. 37 38 g. Vehicles associated with beach nourishment and inlet maintenance. 39 40 i. Heavy equipment used in conjunction with beach nourishment, 41 inlet maintenance, to accomplish FDEP permit requirements, or 42 other unusual circumstance as determined by the SDES 43 adFninieiraier County Manager or designee, which cannot meet 44 the standard PSI, will require compaction mitigation. Mitigation 45 shall be accomplished by tilling to a depth of 36 inches or other 46 FDEP approved methods of decreasing compaction. Beach tilling 47 shall be accomplished prior to April 15 following construction and 48 for the next two years should compaction evaluations exceed 49 state requirements. 50 51 ii. Utilization of equipment for the removal of scarps, as required by I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktt (050510).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 .i 1 Text underlined is new text to be added. ... strikethrough s current I...A to vim. deleted. Bold text indicates a defined term FDEP, shall be limited to an ingress /egress corridor and a zone parallel to the MHW. Scarp removal during sea turtle season shall have prior FDEP approval and coordinated through the FDEP, FWCC, GGES13 the County Manager or designee, and the person possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit for the area. iii. No tilling of the beaches shall occur during sea turtle nesting season. 3. Operation of vehicles on the beach during marine turtle nesting season. The operation of motorized vehicles, including but not limited to self - propelled, wheeled, tracked, or belted conveyances, is prohibited on coastal beaches above mean high water during sea turtle nesting season, May 1 to October 31, of each year, except for purposes of law enforcement, emergency, or conservation of sea turtles, unless such vehicles have a valid permit issued pursuant to this section. Permits issued pursuant to this section are not intended to authorize any violation of F.S. § 370.12, or any of the provisions of the Endangered Species Act of 1973, as it may be amended. a. All vehicle use on the beach during sea turtle nesting season, May 1 to October 31, of each year must not begin before completion of 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. 4. Penalties. Notwithstanding the penalties set forth elsewhere in this Code, violations of this section are subject to the following penalties: a. Violations of section 10.02.06 1.2.f above which do not occur during sea turtle nesting season, i.e., occur outside of sea turtle nesting season, are subject to up to a $500.00 fine per violation. b. Minor infractions of section 10.02.06 1.2.f above which occur during sea turtle nesting season are subject to up to a $500.00 fine per violation. Minor infractions are defined as any activity that will not cause immediate harm to sea turtles or their nesting activity; and include, but are not limited to, the following: 1) use of an unpermitted vehicle; 2) vehicles being operated: b a) without permit being available for inspection; or b) with improper tire pressure. C. Major infractions of section 10.02.06 1.2.f above which occur during sea turtle nesting season, are subject to the following penalties. Major infractions are defined as any activity that may cause immediate harm to sea turtles or their nesting activities; and include, but are not limited to, the following: 1) use of a vehicle prior to daily sea turtle monitoring, 2) use of a vehicle after 9:30 pm, or 3) use of a vehicle outside of a designated corridor. First violation: $1,000.00 fine and a suspension of permitted activities, including but not limited to: beach raking or mechanical cleaning 911IN I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).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 Text underlined is new text to be added. Bold text indicates a defined term activities, for 70 days or the balance of sea turtle nesting season, whichever is less. Second violation: $2,500.00 fine and a suspension of permitted activities, including but not limited to: beach raking or mechanical cleaning activities, for 70 days or the balance of sea turtle nesting season, whichever is less. Third or more violation: $5,000.00 fine and a suspension of permitted activities, including but not limited to: beach raking or mechanical cleaning activities, for 70 days or the balance of sea turtle nesting season, whichever is less. d. Violations of section 10.02.06 I., which do not occur during sea turtle nesting season, i.e., occur outside of sea turtle nesting season, are subject to up to a $500.00 fine per violation. e. Violations of sections 10.02.06 I. which occur during sea turtle nesting season are subject to the following penalties: Minor infractions are subject to up to a $500.00 fine per violation. Minor infractions are defined as any activity that will not cause an immediate harm to sea turtles or their nesting activity; and include, but are not limited to, the following: 1) use of an unpermitted vehicle; 2) vehicles being operated: a) with permit not available for inspection; or b) with improper tire pressure. 304 I: \09 Amend the LD02009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 1 LDC Amendment Request 2 3 4 5 ORIGIN: BCC - Directed 6 7 AUTHOR: Amy Patterson and Nick Casalinguida 8 9 DEPARTMENT: Business Management & Budget/CDES and Transportation Planning 10 11 AMENDMENT CYCLE: 2009, Cycle 1 12 13 LDC PAGE: LDC10:100 -124 14 15 LDC SECTION(S): 10.02.07 C. Submittal Requirements for Certificates of Public Facility 16 Adequacy 17 18 CHANGE: Currently payment provisions for issuance of a Certificate of Public Facility 19 Adequacy of 50% of the estimated transportation impact fees are being paid upon approval of a 20 final local development order with the balance of the fees due in three years; changing to 20% 21 payment of the estimated transportation impact fees each year for five years. 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 REASON: To comply with Ordinance Amendment 2009 -09 adopted by the BCC on March 10, 2009. FISCAL & OPERATIONAL IMPACTS: The provisions may provide additional stability to the revenue structure as applicants are able to make smaller upfront payments over the five year period and may be encouraged to pay for their Certificate of Adequate Public Facility (COA) rather than foregoing the project and allowing their COA to expire. RELATED CODES OR REGULATIONS: Code of Laws and Ordinances Section 74 -302 GROWTH MANAGEMENT PLAN IMPACT: The provisions to allow the payment of the required upfront road impact fees in five (5) annual equal payments to obtain or extend a COA would maintain the integrity of the Capital Improvement Element but may require a rebalancing of the schedule. OTHER NOTESNERSION DATE Amend the LDC as follows: July 1, 2009. Revised 9/24/09. 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy 305 h\09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text str Le thro gh '.- i. F emit text to be deleted. Bold text indicates a defined term 1 3 C. Certificate of public facility adequacy. 4 5 1. General. is be issued (GOA) shall facilities. 17 18 i. A five -year temporary certificate of public facility adequacy (COA) 19 10 issued, fifty peFGPRt Of the estimated tFaRSpertatiOR impa(St fees FnUSt be final local development order. At the time a temporary certificate 21 11 into the tFu6t fund to .. paid appliGable PLIFSuant 12 funds be immediately fbF appFOPFiation to implellr8W available Gapital 13 Mad fadlity immediately available for appropriation by the Board of County 26 is a. Payment of road impact fees to obtain a certificate of adequate public 16 facilities. 17 18 i. A five -year temporary certificate of public facility adequacy (COA) 19 shall be issued concurrent with the approval of the next to occur 20 final local development order. At the time a temporary certificate 21 of public facility adequacy is issued, twenty percent (20 %) of the 22 estimated payment based on the impact fee rate in effect at the 23 time of the pre - approval letter will be due and deposited into the 24 applicable impact fee trust fund. The funds will then be 25 immediately available for appropriation by the Board of County 26 Commissioners for transportation capital improvements, except 27 that for those non - residential (i.e., typically commercial or 28 industrial) developments otherwise required to obtain approval of 29 an SDP prior to the issuance of a building permit, applicants for a 30 final subdivision plat may elect to: 31 32 a) comply with the applicable regulations of this section as to 33 1 or more of the lot(s) of the FSP and obtain a COA 34 specifically for just that lot or lots at a specified intensity of 35 development; or 36 37 i6 delay submitting a TIS and obtaining a COA for all of the 38 proposed lots, or just those remaining lots not then already 39 complying with this section, until a required SDP is applied 40 for and the terms of this section are then complied with 41 including payment of estimated transportation impact fees. 42 43 The subject development is not allocated any available road 44 system capacity or considered eligible to be vested for 45 transportation concurrency purposes, however, until approval of 46 a TIS, payment of 50-% estimated Transportation Impact Fees in 47 accordance with this subsection, and issuance of a COA in 48 accordance with Chapters 3, 6, and 10 of this Code and Rule 9J- 49 5.0055, F.A.C. 50 51 306 1:\09 Amend the LDC \2009 -Cycle UDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added Bold text indicates a defined term 1 Final calculation of impact fees due will be based on the intensity 2 of development actually permitted for construction and the 3 impact fee schedule in effect at the time of the building permit(s) 4 application, such that additional impact fees may be due prior to 5 issuance of the building permit(s). The balance of transportation 7 20 %, beginning one year after the initial 20% payment. 8 9 ii. Impact fees for all other Category "A" capital improvements will be 10 paid at the time of issuance of building permits at the rate then 11 currently applicable. 12 13 iii. At the time a temporary COA is issued, and the first twenty 14 percent (20 %) of the estimated payment is paid, the applicant will 15 deposit with the County sufficient security, the form of which has 16 been approved by the Board of County Commissioners for a term 17 of four years, in an amount equal to the 20% payment. 18 19 iv. Upon payment of 100% of the estimated impact fees. the 20 certificate will be issued in perpetuity and the dedicated security 21 will be released. No further advance payments will be due once 22 actual road impact fees are paid equal to the initial estimated 23 impact fees. 24 25 V. Once the initial 20 percent of the estimated payment has been 26 paid, the security has been deposited with the County, and a 27 temporary COA has been issued, failure to submit the remaining 28 additional installments in accordance with the provisions of this 29 subsection shall result in the following: 30 31 a) Upon failure to cure following 10 days written demand the 32 County will exercise its payment rights to the dedicated 33 security; and 34 35 b) The matter will be referred to the Board of County 36 Commissioners for review. Absent the Board finding 37 exceptional circumstances, the temporary certificate of 38 public facility adequacy shall be revoked. 39 40 41 vi. For those developments that have secured a three -year COA, in 42 order to extend the vesting period for an additional five years the 43 balance of the estimated transportation impact fees, based on the 44 impact fee rate in effect at the time of the pre - approval letter, 45 must be paid in five additional annual installments of 20% with the 46 first payment being made prior to the expiration date of the three - 47 year certificate. For those developments that have secured a 48 three -year certificate that has expired, in order to extend the 49 vesting period for an additional five years, the balance of - 5 0 estimated transportation impact fees based on the impact fee rate 31 in effect at the time of the ore - approval letter must be paid in five 307 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. riketM . Bold text indicates a defined term 1 additional annual installments of 20 %, with the first payment being 2 made within 30 days of the effective date of this Ordinance. At the 3 time the first 20% of the estimated payment is paid, the applicant 4 will deposit with the County sufficient security, the form of which 5 has been approved by the Board of County Commissioners, for a 6 term of four years, in an amount equal to the 20% payment. Upon 7 payment of 100% of the balance of the estimated impact fees the 8 certificate will be issued in perpetuity and the dedicated security 9 will be released. No further advance payments will be due once 10 actual road impact fees are paid equal to the balance of the 11 estimated transportation impact fees. Once the first additional 12 annual installment has been paid, the security has been deposited 13 with the County, and a temporary COA has been issued, failure to 14 submit payment in accordance with the provisions of this 15 subsection shall result in the following: 16 viii. This provision is to be read in coniunction with section 74- 302(h) 17 a) Upon failure to cure following 10 days written demand the 18 County will exercise its payment rights to the dedicated 19 security: and 20 21 b) The matter will be referred to the Board of County 22 Commissioners for review. Absent the Board finding 23 exceptional circumstances, the temporary certificate of 24 public facility adequacy shall be revoked. 25 26 vii. Offsets for road impact fees assessed to building permits for 27 impact fees paid in accordance with this subsection, as well as 28 any remaining balance of payments related to the original three - 29 year certificate, will be applied equally to the new or remaining 30 units or square footage and will run with the subiect land. 31 32 viii. This provision is to be read in coniunction with section 74- 302(h) 33 of the Collier County Code of Laws and Ordinances. 34 35 36 37 C. Where the proposed development has been issued final subdivision 38 plat approval or final site development plan approval P•iGF to he 39 effp -Gtiyp datp of this BeetaR about November z 1993 a 40 certificate of public facility adequacy shall be obtained prior to approval of 41 the next development order required for the proposed development. 42 43 d. €stirnatpri tFaRspeFlatiGR impant fe„' f F development shall be paid 44 45 due of the final t,...at d,..,..t...........t ,..a...i.1 f... the 46 47 adequaGy f9F the development. 48 49 DevelGPFneRtS that have paid estimated 'FnpaGt fees fGF all CategeFy "All 51 arovisions of that p mot'. rnAv AkP . piptt of Pc ;tiFnBtPd 4minant fees : M, I: \09 Amend the LD02009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added Bold text indicates . defined previously paid estimates may be applied as a credit 9 fees naln-Ulated- and due as a pFeFeqwis4e to the issuance of the final 10 5 tO GOme Under the provisions of this division, 1 16 17 e: d. Assessment and application of transportation impact fees and surrender 1 0 fGF the development. Fees paid into appliGable impaGt fee trust asret-, 1 neiifisaiier -Upon notice by facsimile or other approved electronic format IF 2 to FebFuaFy 6, 2003, 1 ia&-have been approved and ^ sert fie ^t^ iG6Ue prior to expiration of 14 Qrdin;;nnes shall be refundable pursuant to the pFavisions Of SUGh 23 applicant upon the County's acceptance of the TIS pursuant to section 16 17 e: d. Assessment and application of transportation impact fees and surrender 18 of certificate of public facility adequacy. Within 90 days of wFi" ^n 19 neiifisaiier -Upon notice by facsimile or other approved electronic format 20 that an application for a final local development order and a certificate 21 ia&-have been approved and ^ sert fie ^t^ iG6Ue prior to expiration of 22 the temporary, 1 -year capacity reservation previously secured by the 23 applicant upon the County's acceptance of the TIS pursuant to section 24 10.02.07 C.4.f., provided eal aid eapaGity . atio , has more than 90 25 days Femaining, whiGheYeF of the 2 eGGlJFG later, an applicant may pick 26 up the certificate upon payment of "' (50 ^^ Gent) of the estimated 27 transportation impact fees due in accordance with section 10.02.07 28 C.1.a.. Such estimates shall be based on the currently approved 29 transportation impact fee rate schedule. If the certificate is not picked up 30 within the timeline set forth above and the applicable estimated 31 transportation impact fees paid, the application will be deemed denied 32 and the 33 beginning. certificate will be voided. In such a case, the applicant shall 34 then be required to apply for an extension of the capacity reservation in 35 accordance with section 10.02.07 C.4.f. If the size of the residential units 36 is not known at the time of payment, the Transportation impact fees for 37 residential development will be estimated using the fee based on the 38 mid -range housing size; unless the— resident;lase qualifies as 39 40 fees shell he h ^met An the innnrne lorndt ^tie ^,; for affordahle FnPaGt 41 42 AdditiGRally, developments app"GatiOR. PlFeviously vested may, pursuant 43 to seGt'eR 10 02 07 G A, °lend to have e.t fees the applied against 44 1/2 tFaRGpE)FtatiGR impact fees. PaymeRt (50 PeFGBRt) ef estimated Of 45 these sees the development e.ditkarnpints fe...,hish the semi in-ate vests ent 46 47 to the . ntl; of this s stie to the FeloRquished pursuant PF end 48 afte. the iRitia1 i st fee ..t The initial 50 of the thiFd yeaF payment. peFG 49 0 rnpaGt fpe payrA ^ ~' i° Road impact fees paid to obtain a certificate of so adequate public facilities are non - refundable after payment and receipt of 51 the certificate of public facility adequacy certificate. 309 1: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text sti l(ethro aA 'r eat text to be deleted. Bold text indicates a defned term 2 Not later than 45 days prior to the due date of the next to occur annual 3 installment for certificates issued subsequent to the effective date of this 4 amendment, or not later than 90 days prior to the expiration of the 3 year 5 period for st3c# certificates issued prior to the effective date of this 6 amendment, the county shall notify the GeFtifiGate helde then current 7 owner via certified r^ ^',�tered mail of the amount due calculated in 8 accordance with section 10.02.07 C.1.a. Th^ devek ^ °r ^ °' ° ^' ^ ^ 9 10 11 lessor onfi4lampnt and oalsulatp the halanse of the tra nspertat'o 04 12 fees the revised n}itlements The ert'f'eate of public facility 13 adequacy shall be modified to 'pal de only the entitlements- for wh'sh the 14 estimated tFaRSpoirtatiGR impaGt fees are paid. The expiratieR date fE)F the 15 FernainiRg, Up to 50 PeFGeRt, balanne of the estimated tFanspeFtatien 16 W FnpaGt fees due from a PFevieusly vested development that opts into the 17 18 C41. of this Gode will relate baoL to the date of issuance of the al 19 20 are ^'vse estimated fees are nen rpf ndahle However the 21 GeFtifieate of nv,blis fadlifi, adee„aov, Funs entire, a sh. with the land in 22 Y pe4 'ty after all estimated transportation impact fees have been aid 23 As building permits are drawn down on the 24 transnertatien i y, ast fees already shall be debited At the rate of the 25 mpaet fees in effect at the time of tuizati^ ^If the estimated 26 transportation impact fee account becomes depleted, the developer shall 27 pay the currently applicable transportation impact fee for each building 28 permit in full prior to its issuance. In the event that upon build -out of the 29 development estimated transportation impact fees are still unspent, the 30 remaining balance of such estimated fees may be transferred to another 31 approved project within the same, or adjacent, transportation impact fee 32 district, provided any vested entitlements associated with the unspent and 33 transferred transportation impact fees are relinquished and the certificate 34 of public facility adequacy is modified to delete those entitlements. 35 36 2. Rules of general applicability for certificate of public facility adequacy. 37 Certificates of public adequacy issued for roads under section 10.02.07 C.1. of 38 this Code will remain in effect until the expiration date of the certificate 39 subsequent to the reffeet;ye date of this eat'p endmept7 will 40 perpetuity provided provisions of subsection 10.02.07 C.1.e. of this Code are met 41 and that annual mid -year monitoring reports are filed which comply with section 42 10.02.07 C.1. of this Code and all developer requirements established during 43 zoning or as part of a developer contribution agreement are completed or are 44 being constructed consistent with the current development infrastructure 45 improvement construction commitment schedule. 46 47 a. Timing. An application for a certificate of public facility adequacy may 48 only be submitted as part of an application for a final local development 49 order subject to section 10.02.07 C.1. of this Code. so 51 b. Impact Fees. A complete application for a certificate of public facility 310 I: \09 Amend the LD02009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 1 adequacy will include the calculation of the total amount of transportation 2 impact fees estimated to be due by the applicant on the development 3 for which a final local development order application has been 4 submitted. Impact fee calculations will be reviewed and the amount 5 estimated to be paid pursuant to section 10.02.07 CA.e. of this Code 6 finally determined by the impact fee coordinator. One half (60 PeFGent) a 7 the estimated ^^ ^ ° ^` Payment in accordance with Section C.1.a. will be 8 due at the time of notification of approval of the final local development 9 order and will be deposited into the applicable impact fee trust fund and 10 will be immediately available for appropriation by the Board of County 11 Commissioners for transportation capital improvements. Final calculation 12 of impact fees due will be based on the intensity of development actually 13 permitted for construction and the impact fee sehed i° OR ^ffe Gt at the 14 fi...° Of the iS61-1-AnGe of building � rate then currently applicable; 15 such that additional impact fees may be due prior to issuance of the 16 building permit(s). The balance of transportation impact fees shall be 17 due as provided for in section 10.02.07 CA of this Code. 18 19 C. Consolidated application. A final local development order shall receive 20 final approval only to the extent to which the proposed development 21 receives a certificate of public facility adequacy. The application for a 22 certificate of public facility adequacy may only be submitted with an 23 application for final local development order approval, where 24 appropriate under this section. An application for a certificate of public 25 facility adequacy will receive final approval and a certificate will be issued ?6 concurrently with approval of a final local development order as set 27 forth in section 10.02.07 C.1.e. of this Code. 28 29 d. Assignability and transferability. An approved certificate of public facility 30 adequacy shall run with the land associated with the corresponding 31 development approval, and shall be assignable within the corresponding 32 land of the approved development, and shall not be assignable or 33 transferable to other development, except as may otherwise be provided 34 for under an approved development agreement. This provision does not 35 preclude the re- allocation of capacity between lots or parcels comprising 36 the land that is the subject of the same consolidated application for 37 development approval so long as the original certificate is surrendered 38 along with a written request by the then current owner to re- allocate no 39 more than that certificate's previously approved capacity in a re- issued 40 certificate. 41 42 e. Expiration. A certificate of public facility adequacy for "Category A" 43 facilities, except roads, shall expire 3 years from the date of its approval 44 except to the extent that building permits have been issued for the 45 proposed development for which the certificate is approved or a final 46 subdivision plat has been approved and recorded, and the proposed 47 development is then completed pursuant to the terms of the Collier 48 County Building Code or as provided in section 10.02.07 C.1. of this 49 Code, refund of impact fees, except for certificates issued pursuant to > 0 section 10.02.07 C.I. of this Code, will be subject to the provisions of the 51 consolidated impact fee trust fund ordinance. The expiration date of a re- 311 L \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text str4kethrough is GUrrent text to be deleted. Bold text indicates a defined term 1 issued certificate re- allocating capacity to different lots or parcels in the 2 same development will relate back to, and be calculated from, the original 3 certificate's date of issuance. 5 i. For large developments as indicated below, a 5 year certificate of 6 public facility adequacy for "Category A" facilities, except roads, 7 may be obtained provided the developer enters into an 8 enforceable development agreement with the county. 9 Developments comprised of more than 500 residential dwelling 10 units, or a phased increment of development comprised of more 11 than 150 residential dwelling units, or a commercial /industrial 12 development of more than 100,000 square feet of gross leasable 13 area is considered to be a large development. A certificate of 14 public facility adequacy for a large development shall expire 5 15 years from the date of its approval except to the extent that 16 building permits have been issued for the proposed development 17 for which the certificate is approved, and the proposed 18 development is then completed pursuant to the terms of the 19 Collier County Building Code. 20 21 f. Effect. Issuance of a certificate of public facility adequacy shall 22 demonstrate proof of adequate public facilities to serve the development 23 approved in the development order, subject to the conditions in the 24 development order. A subsequent application for development approval 25 for development approved in a development order for which a certificate 26 of public facility adequacy has been approved shall be determined to 27 have adequate public facilities as long as the certificate of public facility 28 adequacy is valid and unexpired. When a certificate of public facility 29 adequacy expires, any subsequent application for development approval 30 shall require a new certificate of public facility adequacy to be issued 31 pursuant to the terms of this section prior to approval of any subsequent 32 development order for the proposed development. Application for 33 approval of a certificate of public facility adequacy for subsequent or 34 continuing development once a certificate has expired shall be based on 35 public facility availability at the time of the new application. Under no 36 circumstances shall a certificate of public facility adequacy be 37 automatically renewed. 38 39 3. Effect of development agreement in conjunction with a certificate of public facility 40 adequacy. Upon approval by the Board of County Commissioners, any applicant 41 shall enter into an enforceable development agreement with Collier County 42 pursuant to the provisions of F.S. §§ 163.3220 -- 163.3242 or other agreement 43 acceptable to the Board of County Commissioners, in conjunction with the 44 approval of a development order and /or a certificate of public facility adequacy. 45 The effect of the development agreement shall be to bind the parties pursuant to 46 the terms and conditions of the development agreement and the certificate of 47 public facility adequacy in order to insure that adequate public facilities are 48 available to serve the proposed development concurrent with when the impacts 49 of the development occur on the public facilities. 50 51 4. Procedure for review of application. 312 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).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 ;1 j2 Text underlined is new text to be added. Bold text indicates a defined term a. Submission of applications and fees. The application for a certificate of public facility adequacy for road facilities only shall be submitted in duplicate to the Community Development and Environmental Services Division Administrator. Such applications shall be submitted at the filing for the next final local development order as specifically provided for under section 10.02.07 C.1. All other applications for a certificate (i.e., except for road facilities) shall be submitted at building permit application aleagivith and final payment for any impact fees owed, including any road impact fees-, will be due prior to building permit issuance. Application fees in an amount to be determined by the Board of County Commissioners shall accompany and be part of the applications. . . . . . . . . . . . e. Approval of certificate; payment for, and cancellation of certificates. Upon notification by facsimile by the Community Development and Environmental Services Division Administrator or his designee and the Transportation Services Division Administrator or his designee, that an application for a certificate of public facility adequacy for road facilities has been approved, "' (50 pefren" of the estimated transportation impact fees shall be paid in accordance with section C.1.a. If the applicant does not pick up the certificate and pay all applicable transportation impact fees withiR 90 days Elf RatifiGation by prior to expiration of the temporary 1 -year capacity reservation prevfouslV secured by the applicant upon the County's acceptance of the TIS pursuant to section 10.02.07 C.4.f., the certificate will be voided. In such a case, the applicant shall then be required to apply for an extension issaa^Gof a new the capacity reservation ^^F'�ate ;n accordance with section 10.02.07 C.4.f. All Collier County impact fees are due and payable at building permit issuance based on the applicable rate structure in effect at the time the building permit application is submitted t a that time. f. Traffic Capacity Reservation for all or part of the proposed development may be approved and secured at application pending approval of the final sub - division plat, site development plan or building permit upon acceptance of the TIS by the Transportation Administrator as part of a complete Application Request (AR) deemed sufficient for review for the proposed development by the CDES Division. The Transportation Administrator will notify the applicant of any traffic capacity reservation via facsimile per section 10.02.07 C.4.c. Traffic capacity reservations will be awarded to the development upon: approval of the COA and final development order per section 10.02.07 C.4.e. payment of road impact fees in accordance with section 10.02.07 C.1.a. and 10.02.07 C.4.e.; and Proportionate Share Payment, if applicable, in accordance with section 6.02.01. Traffic capacity reservations approved under this section will expire in 1 year, from TIS approval and determination of available capacity, unless the final local development order for the development is approved, or the Board approves an extension to the 1 year time period. . . . (Ord. No. 05 -27, § 3.XX; Ord. No. 06 -63, § 33T) 313 L \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. I-e deleted. Bold text indicates a defined term 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 This page intentionally left blank. 18 314 1 : \09 Amend the LDC\2009 -Cycle 1 \LDC PackeAmay 17 BCC Pkt \BCC Pkt1 (050510).doc 1 2 Text underlined is new text to be added. TextN str kethF., gh 'n aurrent text to be de, led Bold text indicates a defined term ORDINANCE NO.2009- 09 z; asj (% RDINANCE OF THE BOARD OF COUNTY COMMISSIONERS LLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF fIZ1RpL6aCOLLIER COUNTY CODE OF LAWS AND ORDINANCES, ORDINANCE BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001 -13, AS AMENDED, PROVIDING oC FOR THE INCORPORATION, BY REFERENCE, OF THE IMPACT FEE STUDY ENTITLED "COLLIER COUNTY TRANSPORTATION IMPACT FEE UPDATE STUDY "; AMENDING THE ROAD IMPACT FEE RATE SCHEDULE, WHICH IS SCHEDULE ONE OF APPENDIX A, AS SET FORTH IN THE IMPACT FEE PDATE STUDY; UPDATING THE GENERAL DEFINITIONS SECTION; PROVIDING FOR REMOVAL OF OBSOLETE LANGUAGE RELATED TO THE PROVISIONS FOR REIMBURSEMENT OF IMPACT FEES WITHIN FOUR YEARS OF PAYMENT; PROVIDING FOR THE REMOVAL OF AN OBSOLETE REFERENCE TO THE "EDUCATIONAL IMPACT FEE TRUST FUND "; PROVIDING FOR REMOVAL OF AN OBSOLETE REFERENCE TO THE "DIRECTOR OF FINANCIAL ADMINISTRATION AND HOUSING "; PROVIDING FOR THE INCLUSION OF PROVISIONS RELATED TO OBTAINING A CERTIFICATE OF ADEQUATE PUBLIC FACULTIES WITH RESPECT TO ROAD IMPACT FEES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR A DELAYED EFFECTIVE DATE OF JUNE 8, 2009. WHEREAS, Collier County has used impact fees as a funding source for growth- related capital improvements for transportation since 1985; and WHEREAS, on March 13, 2001, the Board of County Commissioners (Board) adopted Ordinance No. 2001 -13, the Collier County Consolidated Impact Fee Ordinance, repealing and superseding all of the County's then existing impact fee regulations, and consolidating all of the County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier County Code of Laws and Ordinances (the "Code "); and WHEREAS, on April 25, 2006, the Board adopted Ordinance No. 2006 -19, thereby amending Schedule One of Appendix A of Chapter 74 of the Code, and establishing the County's then current Road Impact Fee rates; and WHEREAS, on June 26, 2007, the Board adopted Ordinance No. 2007 -57 incorporating the "Collier County hnpact Fee Indexing Study" through which Road Impact Fee were indexed in accordance with the prescribed methodology, thereby establishing the rates that are currently in effect; and Page t of 13 Underlined text is addcd; Swiekthfoao text is deleted 315 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktt (050510).doc 1 Text underlined is new text to be added. to be deleted. Textstriket --- is GUFFent • Bold text indicates defined term WHEREAS, as Section 74 -502 of the Code states that impact fee studies should be reviewed at least every three years, the County retained Tindale- Oliver and Associates, Incorporated (the "Consultant "), to review the existing Road Impact Fees and recommend changes to the fees where appropriate; and WHEREAS, the Consultant has prepared an impact fee study entitled "Collier County Transportation Impact Fee Update Study," dated February 19, 2009 (the "Study"); and WHEREAS, Collier County uses impact fees to supplement the funding of necessary capital improvements required to provide public facilities to serve new population and related development that is necessitated by growth in Collier County; and WHEREAS, the Study recommends changes to the Road Impact Fee rate schedule, as set forth in Schedule One of Appendix "A" of Chapter 74 of the Collier County Code of Laws and Ordinances; and WHEREAS, the Study also recommends establishing the proposed impact fee rates in order to equitably distribute the costs of acquiring and constructing public facilities based upon a rational nexus relating costs incurred by fee payers to infrastructure impacts created by commercial and residential land uses; and WHEREAS, on February 10, 2009, the Board of County Commissioners directed that the provisions related to the upfront payment of road impact fees to obtain or extend a Certi ficate of Adequate Public Facilities be amended to allow for payments over a five -year period and therefore such language has been included in this Ordinance consistent with that direction; and WHEREAS, this Ordinance also updates the general definitions provided for in Section 74 -108 of Chapter 74 of the Collier County Code of Laws and Ordinances for consistency with the updated Study and rate schedule and removes obsolete provisions related to the reimbursement of impact fees, an obsolete reference to the Director of the Financial Administration and Housing Department and an obsolete reference to the Educational Impact Fee Trust Fund; and WHEREAS, the Consultant has reviewed and updated the fee calculation methodologies that will be imposed in an equitable and non - discriminatory manner; and WHEREAS, Section 163.3 1801. Florida Statutes, which is the Florida Impact Fee Act, requires the most recent and localized data be used in impact fee calculations and this study complies with that requirement; and - Page 2 of 13 1ladtfl.nai fox, is added: Sir 1- th,,,gh text is d0eocl Kt [1 1 : \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktl (050510).doc FI Text underlined is new text to be added. Text strikethoeugh is current text to be deleted. Bold text indicates a defined term WHEREAS, the study methodology has been reviewed and approved by Collier County's outside legal counsel, Nabors, Giblin and Nickerson, P.A.; and WHEREAS, staff has thoroughly reviewed the calculations and findings, concurs with the recommended changes to the Road Impact Fee rate schedule, and recommends that the Board of County Commissioners adopt this Ordinance to implement the recommended changes. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Article 1, General, Section 74 -106, Adoption of impact fee studies, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74 -106. Adoption of impact fee studies. rex (1) Transportation facilities: "Collier County Transportation Impact Fee Update Study," prepared by Tindale- Oliver and Associates, Incorporated (ApAl-2006 February 19, 2009) ,+,va SECTION TWO. Article I, General, Section 74 -108, General definitions, of the Collier County Code of taws and Ordinances is hereby amended to read as follows: Section 74 -108. General definitions. When used in this chapter, the following terms shall have the following meanings, unless the context clearly indicates otherwise. Terms contained in article III or the rate schedules supercede these general definitions to the extent of any conflict(s). .a. Access improvements shall mean improvements designed and constructed to provide safe and adequate ingress and/or egress to and /or from the respective development, which include, but are not limited to, rights -of -way, easements, paving of adjacent or connecting roadways, turn lanes, deceleration and/or acceleration lanes, traffic control devices, signage and markings, drainage facilities, and utility facilities. An access improvement is a site related improvement. Page 7 or 13 Q,, fined text n added; Spm,4chreu.0 text is deldcd 317 1:\09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc 1 * ** * ** Text underlined is new text to be added. Bold text indicates a defined term All suites hotel shall mean. places of lodeine that provide sleeping accommodations,a Automated car wash shall mean a use that allows for the mechanical cleaning of the exterior of vehicles. Manual cleaning and car detailing -may also take place at these facilities. Bop shall mean a space where a vehicle can be serviced Boat berth shall mean a wet or dry space to dock or store vessels Condominium shall mean an singl e -farm}y,of time sha °'� °- g ownership unit that has at least one other similar owned unit within the same building structure. ineludes all fee simple a- title multi anii inelHaing javynheases BF duplexes; Dunce studio /gym shall mean privately owned facilities that offer dance eymnastics ballet or similar activity classes Elementary school rivare shall mean a school typically serving students attending kindergarten through the fifth or sixth grade. Elementary schools are usually centrally located in residential communities in order to facilitate student access, and they have no student drivers. This land use consists of publie arivare schools where bus service is usually provided to students living beyond a specified distance from the school. Fueling position shall mean the number of vehicles that can be fueled simultaneously at a service station. storage areas. Eeaeral industrie /industrial Page 4 of I3 Ji,dellimed lexl is added; SHUek4lxeegh text is del cad 318 1:\09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktl (050510).doc kkk Text underlined is new text to be added. Text StF k8thlo doh b • dJ to be deleted. a Bold text indicates a defined term Medical office shall mean nfi�..: �racc et1'> d F t 1• b outpatient elfin zucir.. ' tal r iaieh e fflees C. i.,qeq t, n elu de ii edieal d pree4ilieners health pme -, " `iels ==- regulated by the-Steue-ef-- Flaride —office space that provides diagnoses and outpatient care on a routine basis generally operated by one or more private physicians or dentists kkk Impact fee rate shall mean the formula or calculation that when applied to the respective -- development determines the applicable impact fee that results because of the impacts deemed by this chapter to be applicable to the respective public facility caused by particular development. Fact fees are assessed using the rates in effect when the building permit application is submitted. kkk dMni�eo pairking factili ies: kkk Living area shall mean actual square footage of the housing unit whisk-eeukil4,e-a"'- Randiliened of heated spases eantained under Fe that """ _ - """ ' "'' Excluded -" "" '"calculation of the square footage are carports attached garages and porches that are not protected from weather. Both finished and unfinished basements are to be included kkk 1 z kkk determined on a case -by -case basis. Page i of 13 Underline text is added: 91111 threugA text is deleted 319 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc 1 2 +rr •.r wa. Text underlined is new text to be added. Text sti Loth Fo gh is current text to be deleted. Bold text indicates a defined term Mobile Home shall mean a detached dwelling unit with all of the following characteristics: (a) designed for occupancy mid containing sleeping accommodations, a flush toilet, a tub or shower and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems; (b) designed for transportation after fabrication on streets or highways on its own wheels; and (c) arriving at the site where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connection to utilities and the like, Although a travel trailer, recreational vehicle, or park model is not generally considered a mobile ]tome, the applicable impact fee in some instances may be the same as for a mobile home. For the purposes of computing the impact fee, a mobile home on a single- family lot (i.e., not located in a mobile home or similar park) shall be considered a single- family detached house for the purposes of assessing Road Impact Fees. Multiple-family dwelling units shall mean apartments that are rental dwelling units gr beth, and Wherein each dwel ieg unit may be individually owned Rr !eased afuemally-off land whiph 'q wider Pnnnaaan of sing! lot is in multiple family uses, the felle,"ing Sonsidamfions shall apply (1) Multiple [�ily dm dwelling units intended ta-bae rented rn Mm _d n -ems eBep¢ 4" of land benea4h eoeh fe lowi g-deve ee ag�+att for -- periods -e hotel, motor hetel of the-ease�' (3) For the purpose of calculating water and/or sewer impact fee, the following shall be considered to be multiple family dwelling units: guesthouse, servants, quarters, in -law apartment, townhouse and adult congregate living facility. Restaurant gualit shall mean a land use consisting of eating establishments of high quality and with turnover rates usually of at least one hour or longer. Generally, quality restaurants do not serve breakfast; some do not serve lunch; all serve dinner. Often the restaurants in this land use are not a chain and reservations are required. Page 6 of 13 Underlined text is added; StwA threagk text is deleted 320 L \09 Amend the LDM2009 -Cycle 1 \LDC Packet \may 17 BCC PktkBCC Pkt1 (050510).doc 1 2 + +s a�• m�» � *s Text underlined is new text to be added. Text strikethrough is 01 'Frpnt ts)d to be deleted Bold text indicates a defined term shopping ¢ enter. Specialty retail shall mean small strip shopping centers that contain a variety of retail shops and specialize in quality apparel; hard goods; and services such as real estate offices, dares studies, (lonsts and small restaurants. Square footage shall mean the gross area measured in feet from the exterior faces or exterior walls or other exterior boundaries of the building including mezzanines, including architectural setbacks or oroiections. For the calculation of road impact fees, square footage excludes areas within the interior of the building which are utilized for parking. Timeshare shall be considered under the definition of All- suites hotel for the purpose of this chapter and the assessment of impact fees University /junior college (pnvatcl shall mean institxtiens private two -year junior. community and techninal enllPane oa .,,on ...,..,..e Vehicle miles offravel (VMT) shall mean the average new travel added to the road system by the development, computed by multiplying the new net trips generated by development by the average trip length. SECTION THREE. Article 11, Impact Fees, Section 74.201, Imposition of impact fees, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74 -201. Imposition of Impact fees (g) Immokalee Enterprise Zone Deferral Area. Page 7 of 17 Underline rot is added: Elms',tkPswgp text is delved 321 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktl (050510).doc 1 2 Text underlined is new text to be added. Text s Akethfeugh- Isenufenl �,.. o••. �„ a, •,.a Bold text indicates a defined term (3) As used in this subsection, (g) of section 74 -201, "qualifying development," means an owner - occupied dwelling unit and its associated lot or land. "Sale" includes each and every voluntary and/or involuntary sale of any part of the fee title to any part of the real property that is subject to the respective deferred impact fees (as described in the agreement). "Transfer" includes each and every transfer, voluntary or involuntary (including transfer by court order or order of any administrative agency or administrative body, and including whether the transferee is a government or agency of a government, excepting only the following: Transfer of fee title of the property from one original tenant by the entireties to the other original tenant by the entireties; transfer of any part of the fee title between (or among) the original joint tenants, or between or among the original tenants in common. "Refinancing" includes any extension of the payment term or any increase in the amount financed, of any original mortgage(s) or other financing document that has as security for the payment obligation any fee title to the real property that is subject to the deferred impact fees, "Original" refers to the parties to the relevant document on the effective date of the applicable impact fee deferral agreement. Notwithstanding anything in this subsection (g) of section 74 -201, the direetee -ef the 4opment and county manager may waive the triggering of the obligation to pay deferred impact fees due to a sale, a transfer or refinancing if, in the judgment of the direetee county manaeer, the respective sale, transfer or refinancing is of such a nature as not to justify that the deferred impact fees should become due and payable because of the sale, transfer, or refinancing. SECTION FOUR Article If, bnpaci Fees, Section 74 -202, Payment, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74 -202. Payment. * ** (h) In the event a building permit issued for a development: (i) expires prior to commencement of any part of the development for which the building permit was issued, (H) is officially cancelled, (iii) is revised after payment of impact fees and the permit's revision results in a reduction in the impact fees applicable for the development, or (iv) results in the impact fees being overpaid due to an incorrect application of the rate schedule, calculation error(s), or prior payment within the same subject property, the then current owner /applicant may, within four years of payment the-exrirarie er r.- appteved -revig An to building permit, apply for a reimbursement of a portion of or the entire impact fee, depending on the basis for the request for reimbursement. All such requests for reimbursement shall be calculated by applying the impact fee rate schedule that was in effect on the date of the respective building permit application. Failure to make timely application for a reimbursement of the impact fee shall waive any right to a reimbursement. *kF Page 8 of 13 Qadcdfil text isadded;R- P- 11Meygk Iem,,deleted 322 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doe 1 2 Text underlined is new text to be added. Text SIT kethrough is current text to be deleted. Bold text indicates a defined term SECTION FIVE. Article 11, bnpact fees, Section 74203, Use offunds, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74.203. Use of funds. (a) The board hereby establishes or reaffirms the establishment of separate impact fee trust funds for each of the public facilities, designated as follows: (1) Road: "Road Impact Fee Tnist Fund'; (2) Water and sewer. "Water Impact Fee and /or Sewer Impact Fee Trust Funds ": The county hereby establishes or reaffirms the establishment of two separate trust funds, one entitled "Water Impact Fee Trust Fund" for water and a second entitled "Sewer Impact Fee Trust Fund" for sewer; (3) Parks and recreational: The county hereby establishes or reaffirms the establishment of two separate trust funds, one entitled "Regional Park Impact Fee Trust Fund" (into which the portion of the impact fee allocated to parks and recreational services paid by development located in municipalities within the county will be deposited), and a second entitled "Unincorporated Park Impact Fee Trust Fund" (into which the portion of the impact fee allocated to parks and recreational services paid by development located in the unincorporated areas of the county will be deposited); (4) Library: "Library Impact Fee Trust Fund'; (5) Emergency medical: "Emergency Medical Services Impact Fee Trust Fund'; r<x crd., eatiena�mpest- Fee- Tiast_Fund' (7 6) Correctional: "Correctional Impact Fee Trust Fund'; (S, Fire: "Fire Impact Fee Trust Fund." (9-8) General government : "General Government Impact Fee Trust Fund." (d&9) Law Enforcement : "Law Enforcement impact Fee Trust Fund." •ta SECTION SIX. Article III, Special Requirements for Specific Types of Impact Fees, Section 74 -302, Special requirements for road impact jeer, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74 -302. Special requirements for road impact fee. +x♦ (h) Payment of road impact fees to obtain a certificate of adequate public f icilitiees Page 9 of t 3 Undeflinad text is nddd; Siwuk.Mmxgp text is delcld 323 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc 1 2 Text underlined is new text to be added. Text strikethrough 6 GUFFBRt text to be deleted. Bold text indicates a defined term due will be based on the intensity of development actually permitted for constraclion and of four years in an amount equal to the 20"/ pavment (4) Failure to submit payment in accordance with the Provisions of this subsection shall result in the following: (i) Upon failure to cure following 10 clays written demand the County will exercise its payment rights to the dedicated security, and (ii) The matter will be referred to the Board of County Commissioners for review. Absent the Board finding exceptional circumstances the temporary certificate of public facility adequacy shall be revoked must be paid in five additional annual installments of 20% with the first payment being made prior to the expiration date of the three -year certificate For those developments that have secured a three -year certificate lbat has expired in order to extend the vesti period for an additional five years, the balance of estimated transportation impact fees Commissioners for review. Absent the Board finding exceptional circumstances the temporary certificate of public facility adeeuacv shall be revoked (6) Offsets for road impact fees assessed to building permits for impact fees paid in accordance with this subsection, as well as any remaining balance of payments related to Page )0 or U �Jn erkned text is added, Straal.tgr"gh icxt n d0eicd KYI! 1 : \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC NO (050510).doc 1 2 Text underlined is new text to be added. Text striketlw(rugh is GUFrent text to be deleted. Bold text indicates a defined term the original three -year certificate will be applied equally to the new or remaining units or souare rootage and will run with the subject land. control. SECTION SEVEN. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions. SECTION EIGHT. INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered and internal cross - references amended throughout to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION NINE. EFFECTIVE DATE. This Ordinance shall be effective June 8, 2009, subject to filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 10* day of hr d, 2009. ATTEST Dwight E. 41-6k, Cler .1 BOARD OF COUNTY COMMISSIONERS OF COLLIE COUNTY, FLORIDA DONNA FIALA, Chairman This ordirltmce filed with the o State'a Offi�@ the and aeWrOetl tVth7d"t"11 fitin receivoLl da! of _ B Page I I of 1? bev ond&rrW text is added; Simek it ough text is deleted 325 I: \09 Amend the LDC \2009 -Cycle 1\LDC Packet \may 17 BCC Pkt \BCC Pktl (050510).doc Text underlined is new text to be added. Text ..1i L„fAm gh d„ deleted ., 'n v::. ,.vl to hp. . vvi i Ise, Bold text indicates a defined term APPENDIX A SCHEDULE ONE: ROAD IMPACT FEE RATE SCHEDULE Effective January -l; -2008 June 8, 2009 Residential Rate Single Family Detached House Less than 1,500 sq. FL $3,420.19 dwelfi (Annaal Hooseheld lneerm4'FerenY-1,,eve4 Lem than 1,500 Sq. F4 $4 972 oal�t Onnual v.. _eG_A cr.a' Coui#5 Medial- AnnnaFkled ekel� ,.4aceme) Less than 1,500 sq. ft. 1,500 to 2,499 sq. ft. 2,500 Sq. Ft. or larger Multi ;ily-(i vc.,o,- -;' Multi-Family (Apartments) 1 -10 Stones Multi- Family (Apartments) Above 10 Stories Assisted Living Facility (ALF) Condominium /Townhouse (1 -2 Stories) Mobile Home Retirement Community High -Rise Condominium (3+ Stories) Lodging Hotel Motel ReseH-Hete! All Suites Hotel RV Park Recreation Golf Course Movie Theaters Marina Dance Studios /Gymnastics Institutional Hospital Nursing Home Church Private Elementary School Private Middle School Private High School Private University /Jr. College < 7,501 students Page 12 of 13 $7,652.0 dwelling unit $10,372.0 dwelling unit $11,559.00 welling unit $7,464.00 /dwelling unit $4,934.54 S4 784.00 /dwelling unit $1,03141 $1,347.00/ $1.347.00 /dwelling unit $7,858.92 $7,725.0 0 /dwelling unit $5,361.8 $4,314.0 0 /dwelling unit P33.96 $3,754.0 welling unit $5,488.90 $5,526.0 dwelling unit S l .,- ,r9LC.,A --. $6,578.0 0 per room o "a-.- -9" °'' $4,222.0 per room $6�4- Z.93- peF -ree»r $3,891.00 per room $4;280.10 $2,299.00 per site P1 a, n -a-:, ,392.4 $749,894.00/ 18 holes 554,978.53 53 $46.217.00/ per screen $4,`" 3'" $3,517.0 0 /boatberth $11,339.00/ 1.000 so. ft. $19,414.8i - $18.034.00/ 1,000 sq. ft. $1,486.3 $1,261.00 per bed $10.404.53 $8,619.0 01 1,000 sq, ft. P 19,-- 111>53 1$ .005.00 per student $1540,84 $1.439.00 per student $1,740.57 $1.526.00 per student $2,926.03 $2,374, 00 perstudent lJn edir d test is added; gvdek- dwexgh Ie,t is deleted 326 1109 Amend the LDC \2009 -Cycle 1 \LDC Packet\may 17 BCC Pkt \BCC Pktl (050510).doc Text underlined is new text to be added. Bold text indicates a defined term Private University /]r. College >7,500students $2;133:02 $1,766.0 per student Day Care es oto , c „_,_�_ -.� $1,445.0 0 per student Office $14;1 -1-7.81 $20,041.001 1,000 sq, ft. Office 50,000 sq ft or less $29,,074.97 $16.763.00/ 1000 sq. fl. Office 50,001 - 100,000 sq, fl. of less S17,019.23 $14,257.0 0/ 1000 sq. 11. Office 100 ,001 - 200,000 sq. ftoF - !as s $1"x'.56 $12,115.00 / 1000 sq, ft. Office 200,001- 400,000 sq. fl.efless $1- 2,-206.07 S10,296.0 1000 sq. ft. Office Greater than 400,000 sq, ft P1a,- ,05-^.:33 -�9 -, 8 00/ 1000 sq. ft. Medical Office $41,585.63 $40,517.00 / 1000 sq. ft. Retail Specialty Retail e'9.,,�0- 51-. -.' ,7 ^ $26-877.00 1,000 sq. ft. Retail 50,000 sq. ft. or less P8�097:04 $19,823.0 0/ 1,000 sq. ft. Retail 50,001- 100,000 sq, ft. $14;1 -1-7.81 $20,041.001 1,000 sq, ft. Retail 100,001 - 150,000 sq. ft. $1-6;486.17 $18,661-00/ 1,000 sq. ft. Retail 150,001- 200,000 sq. fl. $16;383:08 $17,883.00/ 1,000 sq, ft. Retail 200,001 - 400,000 sq. ft. PtS,195.65 $16.89300 /1,000 sq. ft. Retail 400,001- 600,000 sq, ft. $16,187.4 116,847.00 / 1,000 sq. R. Retail 600,001- 1,000,000 sq. ft. $17,608:8'2 $18.255.00/ 1,000 sq, ft. Retail greater than 1,000,000 sq, fl. $21,508.15 $19,187.0 187.0 1,000 sq. ft. Furniture Store $3,545.00/ 1,000 sq. ft Pharmacy /Drug Store w/Drive -Thru $17;260:48 $13 95 .0 / 1,000 sq. ft. Home Improvement Superstore m17.�1A*'15 9 901.00/ 1,000 sq. ft. Restaurant: High Turnover $72,288.30 $2,440.00 / 1,000 sq. -ft. seat Restaurant: Law Tufnever (Quality $38,188,61 $1,553.0 1,000 -sq.. ft. seat Restaurant: Drive -in $1- 7-1,893-76 $137444 OO/ 1,000 sq. fl. Gasoline/Service Station $9;791:03 $8.221.00 per fuel position Supertnarkel $2- 1-,- 7-13.08 $26.570.00/ 1,000 sq, ft. Quick Lube P17 491 ,4 a.�T $14,522.0 per bay Convenience Store 24 hours $116;6 -56.&7 $97.636.00/ 1,000 sq. ft, Convenience Store w /Gas Pumps $48;734:78 137,652,0 0 per fuel position Services Tire Store Q13,045.23 $10,930.00 per bay New/Used Auto Sales $33,7,37 .4 $27.131.00/ 1,000 sq. ft Luxury Auto Sales $1,920.605 $14,996.00/1,000se fl Bank/Savings: Walk -in °C5U,38'-.^,0 $39.429.00/ 1,000 sq, ft. Bank/Savings: Drive-in f108,545.93 $40.158.00/ 1,000 sq. ft. Se f- Service Car Wash $43;976.08 $36.367.00 per bay Automated Car Wash M9,066.00/ 1.000 R. ft Industrial and Agricultural General Lim Industrial S9,176.28 $7- 732.00! 1,000 sq. ft. Business Park (Flex - space) $16,853:81 $14,021. 00/ 1,000 sq. ft, Mini - Warehouse $1,-70.4 -1 $1.436.00/ 1,000 sq. ft. Page 13 of 13 Underline text is added; 94 sl"Mxugb text is deleted 327 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc 1 2 Text underlined is new text to he added. deleted. Bold text indicates a defined term STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2009 -09 Which was adopted by the Board of County Commissioners on the 10th day. of March, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 12th day of March, 2009. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of Counnt�yJ Commissioners - By: Ann Jenn j,h •. Deputy Clerk -' 328 I:\09 Amend the LD02009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 1 LDC Amendment Request 2 3 4 ORIGIN: CDES 5 6 AUTHOR: Maryann Devanas 7 8 DEPARTMENT: Engineering and Environmental Services 9 to AMENDMENT CYCLE: 2009 Cycle 1 11 12 LDC PAGE: LDC10:137 -138 13 14 LDC SECTION(S): 10.02.13 Planned Unit Development (PUD) Procedures 15 16 CHANGE: To clarify who is responsible for submittal for PUD monitoring reports. And to 17 correct text sunsetting text to indicate that an extension runs from the original sunset date versus 18 the original approval date -- which is not correct. 19 20 REASON: The County Attorney's Office has opinioned that the responsibility for Annual 21 Monitoring Reports is held by the owners (all of them) of the undeveloped or developing lands, 22 or in the case of a fully developed PUD by the owners (governing associations) of the common 23 lands. Following this opinion from the CAO the language struck through below in 10.02.13 F.1.4 24 is not correct. 25 26 FISCAL & OPERATIONAL IMPACTS: None — Currently all owners within a PUD are 27 notified of their responsibility to file an annual monitoring report. Therefore the amendment 28 would not affect our procedural costs. 29 3o RELATED CODES OR REGULATIONS: 31 32 GROWTH MANAGEMENT PLAN IMPACT: None. 33 34 OTHER NOTESNERSION DATE: Created June 9, 2009. Revised 04/29/10 per CCPC. 35 36 37 Amend the LDC as follows: 38 39 10.02.13 Planned Unit Development (PUD) Procedures 40 41 42 43 D. Time limits for approved PUDs. For purposes of this section, the word "sunset' 44 or "sunsetting" shall be the term used to describe a PUD which has, through a 45 determination made by the planning services department director, not met the 46 time frames and development criteria outlined in this section of the Code as 329 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. .mc[rnovgi aooiieRC is m_av ou mP[cv. Bold text indicates a defined term 1 applicable. For all PUDs, the owner entity shall submit to the planning services 2 department director a status report on the progress of development annually 3 from the date of the PUD approval by the board of county commissioners. The 4 purpose of the report will be to evaluate whether or not the project has 5 commenced in earnest in accordance with the following criteria: 6 7 8. PUD time limit extensions. Extensions of the time limits for a PUD may be 8 approved by the board of county commissioners. An approved PUD may be 9 extended as follows: 10 a. Maximum extension: There may be one PUD extension granted for a 11 maximum of two years from the date of original approval sunset. 12 . 13 F. Monitoring requirements. In order to ensure and verify that approved project densities or 14 intensities of land use will not be exceeded and that development commitments will be 15 fulfilled and are consistent with the development's approved transportation impact study, 16 annual monitoring reports must be submitted by the owner(s) of a PUD to the County 17 Manager or his designee. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 51 5. County will be given at least 6 month's prior written notice to a change in ownership, to a community association, including but not limited to transfer of all or part of the development to a Home Owners Association, Property Owners Transferring responsibility for filing the annual monitoring report to an entity other than the original owner may be demonstrated in the form of an executed agreement between the original owner and the new entity which when filed with the planning services department director shall automatically transfer responsibility for filing that annual monitoring report. A release of a PUD commitment determined to be no longer necessary shall be brought as an agenda item to the Board of County Commissioners for their approval. 330 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).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. TFre�t text Lamed,, d._ r.l..d.� r....a Bold text indicates a defined term LDC Amendment Request ORIGIN: CDES AUTHOR: Catherine Fabacher, AICP DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC10:143 -144 LDC SECTION(S): 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation Board CHANGE: Add notification requirements for conditional use extensions. REASON: There are none in the existing LDC. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: Amend the LDC as follows: 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation Board B. Notice and public hearing where proposed amendment would change zoning classification of land and for conditional uses and variances, for planned unit development (PUD) rezoning extensions, conditional use extensions and for small - scale or other site- specific comprehensive plan amendments. In the case of a small - scale or other site - specific comprehensive plan amendment, an application for extension of PUD zoning status or the rezoning of land, to include re- zonings, conditional uses and variances initiated by other than the Board of County Commissioners or amendments to planned unit developments, such provisions shall be enacted or amended pursuant to 331 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).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 Text underlined is new text to be added. �mswri.. Bold text indicates a defined term the following public notice and hearing requirements by the planning commission and the Board of County Commissioners as applicable. Small -scale or other site - specific comprehensive plan amendments, PUD extensions, rezoning, conditional uses conditional use extensions and variance petitions initiated by the Board of County Commissioners or its agencies for county owned land shall be subject to these provisions. Applications for a PUD extension and a conditional use extension, whether initiated by the applicant or the BCC, shall only be heard by the BCC pursuant to the notice and advertising requirements set forth in sections 10.03.05 B.10. and 11. of this Code. 2. In the case of PUD extensions pursuant to sections 10.02.13 D.4., 10.02.13 D.5.a. and 10.02.13 D.6. of this Code, and conditional use extensions, a sign shall be posted at least 15 days prior to the date of the hearing before the BCC and shall conform to the applicable sign requirements listed below. a. The sign advising of the PUD extension or conditional use extension hearing shall be in substantially the following format: PUBLIC HEARING FOR A PLANNED UNIT DEVELOPMENT (PUD) and /or CONDITIONAL USE EXTENSION TO PERMIT: (set forth alternatives going to the BCC) DATE: TIME: b. THE ABOVE TO BE HELD IN COMMISSIONERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER, HARMON TURNER BUILDING, 3301 E. TAMIAMI TRAIL, NAPLES, FLORIDA, 34112. . . . . . . . . . . . . . 332 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).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 44 45 I6 47 Text underlined is new text to be added. Text stFikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development & Environmental Services AUTHOR: Staff DEPARTMENT: CDES - Zoning & Land Development Review AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC10:151 LDC SECTION(S): 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, the EAC, and the Historic Preservation Board CHANGE: To return language previously removed that provides for notification to property owners, with regard to neighborhood information meetings. REASON: Scrivener's error. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: Created January 14, 2010. Modified March 15, 2010. April 27, 2010 (cao comments) Amend the LDC as follows: 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation Board F. Public participation requirements for small -scale or other site - specific comprehensive plan amendments, rezonings, PUD amendments, conditional uses, Mixed Use Projects (MVPs), variances and parking exemptions. + + + + + + + + + + + + 2. Written notice of the meetina shall be sent to all orooertv owners who are reauired to receive legal notification from the county Dursuant to subsection 10.03.05 B.10. or 11. Written notice of the meeting shall be sent to all property owners within 500 feet of the property lines of the land for which the amendment 333 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc 334 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text LeIAm 'c StF gh GUFFent text to be deleted Bold text indicates a defined term 1 to zoning is sought. The 500 -foot distance shall be measured from the 2 boundaries of the entire ownership or PUD. For properties located within areas 3 of the future land use element of the growth management plan that are not 4 designated urban, the foregoing notice requirements apply, except that written 5 notification must be sent to all property owners within 1,000 linear feet of the 6 subject property. For the purposes of this requirement, the names and 7 addresses of property owners shall be deemed those appearing on the latest tax 8 rolls of Collier- reupAy County. The applicant shall provide written notice of the 9 Neighborhood Information meeting (NIM) to property owners, condominium and 10 civic associations whose members may be impacted by the proposed land use 11 changes and who have formally requested the county to be notified. 12 13 334 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text n.: ikethF. ..6 is GUFFGRt text to be deleted ,`M1e ��r� "�~* Bold text indicates a defined term 1 LDC Amendment Request 2 3 ORIGIN: Community Development and Environmental Services 4 5 AUTHOR: Michele R. Mosca, AICP, Principal Planner 6 7 DEPARTMENT: Comprehensive Planning 8 9 AMENDMENT CYCLE: 2009 Cycle 1 10 11 LDC PAGE: 12 13 LDC SECTION(S): 1.08.01 Abbreviations; 14 1.08.02 Definitions; 15 4.08.07 SRA Designation; 16 6.02.09 Public School Facilities Level of Service Requirements; 17 10.02.03 Submittal Requirements for Site Development Plans; 18 10.02.04 Submittal Requirements for Plats; 19 10.02.07 Submittal Requirements for Certificates of Public Facility 20 Adequacy; 21 10.04.09 Request for Continuance of Public Hearing [Reserved] 22 10.02.12 Reserved; 23 10.02.13 Planned Unit Development (PUD) Procedures; and, 24 10.04.00 Review and Action on Applications for Development Orders 25 and Petitions for Amendments to the Official Zoning Map, the LDC 26 or the GMP 27 28 CHANGE: Establish land development regulations to implement the countywide school 29 concurrency program that was adopted by the Board of County Commissioners on October 14, 30 2008. 31 32 REASON: In July 2006, Senate Bill 360 was approved by the Florida Legislature. This Bill 33 required all non - exempt counties and municipalities to coordinate public facility planning with 34 school districts, and establish school concurrency programs to ensure that school capacity would 35 be available concurrent with residential development. 36 37 Pursuant to Sections 163.3177, 163.3180(13), and 1013.33 Florida Statutes, Collier County and 38 the municipalities within the County adopted a new Public School Facilities Element and the 39 County and School Board executed an Interlocal Agreement (ILA) to implement school 40 concurrency. 41 42 The purpose of these LDC amendments is to codify portions of the ILA, implement the Public 43 School Facilities Element, and describe the review process for residential developments subject 44 to school concurrency. 45 335 I: \09 Amend the LD02009 -Cycle 1 \LDC Packet\may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text ..t. keth .. gh is eRt text to be deleted-. Sold text indicates a defined term 1 FISCAL & OPERATIONAL IMPACTS: Applicants pursuing development orders subject to 2 school concurrency review pay petition fees intended to cover the operational costs incurred by 3 the County for the process and review of these petitions. The establishment of the new process 4 and review of petitions will be performed by existing funded staff positions. 5 6 RELATED CODES OR REGULATIONS: N/A 7 8 GROWTH MANAGEMENT PLAN IMPACT: These land development regulations were 9 developed to implement the countywide school concurrency program, primarily resulting from 10 the adoption of a new Public School Facilities Element on October 14, 2008 by the BCC. 11 12 OTHER NOTESNERSION DATE: 4.07. 10 13 14 15 Amend the LDC as follows: 16 17 1.08.00 DEFINITIONS 18 19 1.08.01 Abbreviations 20 21 CSA Concurrence Service Areas 22 SCADL School Capacity Availability Determination Letter 23 SIA School Impact Analysis 24 FISH Florida Inventory of School Houses 25 26 27 1.08.02 Definitions 28 29 Ancillary Facility: A building or other facility necessary to provide district -wide support 30 services such as an energy plant bus garage warehouse maintenance building. and /or 31 administrative building. 32 33 Concurrence Service Area (CSA): A geographic area in which the level of service 34 standard for each type of school is measured when an application for residential development is 35 reviewed for school concurrence purposes. 36 37 Florida Inventory of School Houses (FISH) — Permanent Capacity: The report of the 38 permanent capacity of existing public school facilities. The FISH capacity is the number of 39 students that may be housed in a facility (school) at any given time based on a percentage of 40 the total number of existing student stations and a designated size for each program. 41 42 School Capacity Availability Determination Letter ( SCADL): Based upon a School 43 Impact Analysis (SIA) a letter prepared by the School District, identifying if school capacity is 44 available to serve a residential project, if capacity exists for each school type, and whether the 45 proposed development is conceptually approved or vested. 46 47 School Impact Analysis (SIA): A detailed report which evaluates a development plan for 48 a proposed residential development and identifies the anticipated student impact from the 49 development on the level of service standard within the Concurrencv Service Area for each 336 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt\BCC Pkt1 (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 1 school type. 2 3 20081nterlocal Agreement: the Interlocal Agreement between the Collier County School 4 Board and Collier County as recorded in Official Record Book 4492, Page 1107, et seq.. which 5 bears an effective date of October 14, 2008, establishing processes for public school facility 6 planning and public school concurrence. 7 9 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS 10 AND PROCEDURES 11 + + + + + + + + + + + + + 12 4.08.07 SRA Designation 13 14 + + + + + + + + + + + 15 K. SRA Public Facilities Impact Assessments. Impact assessments are intended to identify 16 methods to be utilized to meet the SRA generated impacts on public facilities and to 17 evaluate the self- sufficiency of the proposed SRA with respect to these public facilities. 18 Information provided within these assessments may also indicate the degree to which 19 the SRA is consistent with the fiscal neutrality requirements of Section 4.08.07 L. Impact 20 assessments shall be prepared in the following infrastructure areas: 21 + + + + + + + + + + + 22 7. Public Schools. The applicant shall coordinate with the Collier County School 23 Board to provide information and coordinate planning to accommodate any 24 impacts that the SRA has on public schools. As part of the SRA application, the 25 following information shall be provided: 26 27 a INI mbpr of residential Linits by type School Impact Analysis (SIA) for a 28 determination of school capacity only (refer to section 10.04.09 for SIA 29 requirements); and 30 32 33 34 sb. The potential for locating a public educational facility or facilities within 35 the SRA, and the sites locations of any sitejs) that may be dedicated or 36 otherwise made available for a public educational facility. 37 + + + + + + + + + + + + 38 39 6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS 40 + + + + + + + + + + + + 41 6.02.09 Public School Facilities Level of Service (LOS) Requirements 5W 43 A. The LOS for public school facilities varies by type of school. The LOS for elementary 44 and middle schools is 95 percent of the Concurrence Service Area (CSA) 45 Enrollment/Florida Inventory of School Houses (FISH) Capacity and the LOS for high 46 schools is 100 percent of the CSA Enrollment/FISH Capacity. 47 48 B. The LOS standard for public school facilities will be achieved and maintained if any one 49 of the following is met: 30 337 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added TextstAkethFO gh s current text to he a,...,ed Bold text indicates a defined term 1 1. The necessary facilities and services are in place at the time a final site 2 development plan or final subdivision plat is approved; or 3 4 2. The necessary facilities and services are under construction or the contract for 5 such facilities and services has been awarded, accepted, and duly executed by all 6 parties, at the time a final site development plan or final subdivision plat is 7 approyed;o 8 9 3. The necessary facilities and services are found in the first, second or third year of 10 the School District of Collier County's financially feasible Five -Year Capital 11 Improvement Plan, as identified in CIE Policy 4.2, and as formally adopted by the 12 School Board between July 1 and October 1 each year, and as adopted by 13 reference each year by December 1 ", at the time a final site development plan or 14 final subdivision plat is approved: or 15 16 4. The necessary facilities and services are the subject of a binding commitment with 17 the developer to contribute proportionate share funding as provided for in Policy 18 2.4 of the Public School Facilities Element, if applicable, or to construct the 19 needed facilities. 20 21 C. The determination of public facility adequacy for school facilities shall occur only after 22 the School District has issued a School Capacity Availability Determination Letter 23 (SCADL) verifying available capacity to serve the development. 24 25 + + + + + + + + + + 26 10.02.00 APPLICATION REQUIREMENTS 27 + + + + + + + + + + 28 10.02.03 Submittal Requirements for Site Development Plans 29 + + + + + + + + + + + 30 10.02.03 B.1.b.ii.(g) For residential proiects subiect to the provisions of Section 10.04.09, a 31 completed School Impact Analysis (SIA) application, location map and review fee. 32 + + + + + + + + + + + + + 33 10.02.04 Submittal Requirements for Plats 34 + + + + + + + + + + + + 35 10.02.04 A.2.aa. For residential proiects subject to the provisions of Section 10.04.09, a 3G completed School Impact Analysis (SIA) application, location map and review fee. 37 38 + + + + + + + + + 39 10.02.04 BA.c. For residential proiects subject to the provisions of Section 10.04.09. a 40 completed School Impact Analysis (SIA) application, location map and review fee. 41 42 + + + + + + + + + + + + + 43 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy 44 No building or land alteration permit or certificate of occupancy shall be issued except 45 in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90 -24 46 (Chapters 3, 6 and 10 of this Code) and Rule 9J- 5.0055, F.A.C. Regulatory program: Review 47 of development to ensure adequate public facilities are available, including the Transportation 48 Concurrency Management System and the Public School Facilities Concurrence. 49 5o A. General. In order to ensure that adequate potable water, sanitary sewer, solid waste, 338 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. i LeIAm gh is current text to be deleted Bold text indicates a defined term 1 drainage, park, school and road public facilities are available concurrent with when the 2 impacts of development occur on each public facility, Collier County shall establish the 3 following development review procedures to ensure that no development orders 4 subject to concurrency regulation are issued unless adequate public facilities are 5 available to serve the proposed development. 6 7 B. Exemptions. The following development orders and development shall be exempt 8 from the terms of this section: y . • • : • • : • • * r : a 10 6. For public school facilities, the following shall be exempt from the terms of this 11 section. 12 13 a. Single family and mobile home lots of record, existing as of October 14, 14 2008, the effective date of the public school concurrence agreement 15 under the 2008 Interlocal Agreement between Collier County and the 16 District School Board of Collier County. 17 18 b. Any new residential development that had a final subdivision plat or 19 site development plan approval as of the effective date of school 20 concurrence. October 14, 2008. 21 22 C. Any amendment to any previously approved residential development 23 order that does not increase the number of dwelling units or change the 24 dwelling unit type (e.g., single family to multi - family). 25 26 d Age- restricted communities with no permanent residents under the age of 27 18 years. Exemption of an age- restricted community will be subject to a 28 restrictive covenant limiting the age of permanent residents to 18 years 29 and older. 30 31 e. All new residential subdivision plats and site development plans or 32 amendments to previously approved residential development orders, 33 which are calculated to generate less than 1 student. 34 35 f. Development that has been authorized as a Development of Regional 36 Impact (DRI) pursuant to Ch. 380. F.S. as of July 1, 2005. 37 38 67. Developments that claim vested status from the Growth Management Plan 39 adopted January 10, 1989 and its implementing regulations, and properly 40 obtains; a determination of vested rights for a certificate of public facility 41 adequacy in accordance with the provisions of this section, as follows: 42 43 a. Application. An application for determination of vested rights for a 44 certificate of public facility adequacy shall be submitted in the form 45 established by the Community Development and Environmental Services 46 Division Administrator. An application fee in an amount to be determined 47 by the Board of County Commissioners shall accompany and be part of 48 the application. The application shall, at a minimum, include: 49 so i. Name, address, and telephone number of the owner and 339 I: \09 Amend the LDC \2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkti (050510).doc 1 2 3 4 5 6 7 8 9 Text underlined is new text to be added. Text ky Bold text indicates a defined term authorized applicant if other than the owner; ii. Street address, legal description, and acreage of the property; and iii. All factual information and knowledge reasonably available to the owner and applicant to address the criteria established in subsection 10.02.07 B.67.g. of this Code. C. Review and determination or recommendation by Community Development and Environmental Services Division Administrator and the County Attorney. After receipt of a completed application for determination of vested rights for a certificate of public facility adequacy, the Community Development and Environmental Services Division Administrator and the County Attorney shall review and evaluate the application in light of all of the criteria in subsection 10.02.07 B. 6 7. g. Based on the review and evaluation, the Community Development and Environmental Services Division Administrator and the County Attorney shall prepare a written recommendation to the hearing officer that the application should be denied, granted or granted with conditions by the hearing officer. Such recommendation shall include findings of fact for each of the criteria established in subsection 10.02.07 B.67.g. to the extent that information is represented or obtained or inclusion feasible or applicable. If the Community Development and Environmental Services Division Administrator and the County Attorney agree based on the review and evaluation that the application for determination of vested rights for a certificate of public facility adequacy so clearly should be granted or granted with conditions, then they may enter into a written stipulated determination of vested rights for a certificate of public facility adequacy with the owner, in lieu of the written recommendation to the hearing officer and the provisions in subsections 10.02.07 B.67.d., 10.02.07 B.67.e. and 10.02.07 B.67.f. however, any such stipulated determination shall be in writing, signed by the Community Development and Environmental Services Division Administrator, the County Attorney and the owner, and shall include findings of fact based on the criteria established in subsection 10.02.07 B.67.g., conclusions of law for such criteria, and the determination granting or granting with conditions, in whole or in part, the vested rights for adequate public facilities. d. Review and determination of vested rights determination for a certificate of public facility adequacy by hearing officer. Upon receipt by the hearing officer of the application for determination of vested rights for a certificate of public facility adequacy and the written recommendation of the Community Development and Environmental Services Division Administrator and the County Attorney, the hearing officer shall hold a public hearing on the application. At the hearing, the hearing officer shall take evidence and sworn testimony in regard to the criteria set forth in subsection 10.02.07 B.67.g. of this Code, and shall follow the rules of procedure set forth in F.S. § 120.57(1)(b), 4, 6, 7, and 8; F.S. § 120.58(1)(a),(d) and (f); and F.S. § 120.58(1)(b), only to the extent that the hearing officer is empowered to swear witnesses and take testimony 340 I'M Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC NO (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 1 under oath. The hearing officer shall follow the procedures established 2 for administrative hearings in Rules 60Q- 2.009, 2.017, 2.020, 2.022, 3 2.023, 2.024, 2.025, 2.027, and 2.031, F.A.C. except as expressly set 4 forth herein. The parties before the hearing officer shall include the 5 county, the owner or applicant, and the public. Testimony shall be limited 6 to the matters directly relating to the standards set forth in subsection 7 10.02.07 B.6.7.g. of this Code. The County Attorney shall represent the 8 county, shall attend the public hearing, and shall offer such evidence as 9 is relevant to the proceedings. The owner of the property and its 10 authorized agents, may offer such evidence at the public hearing as is 11 relevant to the proceedings and criteria. The order of presentation before 12 the hearing officer at the public hearing shall be as follows: 1) the 13 county's summary of the application, written recommendation, witnesses 14 and other evidence; 2) owner or applicant witnesses and evidence; 3) is public witnesses and evidence; 4) county rebuttal, if any; and 5) 16 applicant rebuttal, if any. 17 18 e. Issuance of vested rights determination for a certificate of public facility 19 adequacy by hearing officer. Within 15 working days after the completion 20 of the public hearing under subsection 10.02.07 B.65-.7.g. of this Code the 21 hearing officer shall consider the application for determination of vested 22 rights for a certificate of public facility adequacy, the recommendation of 23 the Community Development and Environmental Services Division 24 Administrator and the County Attorney, and the evidence and testimony 25 presented at the public hearing, in light of all of the criteria set forth in 26 subsection 10.02.07 B.67.g. of this Code, and shall deny, grant, or grant 27 with conditions the application for determination of vested rights for a 28 certificate of public facility adequacy for the property or properties at 29 issue. The determination shall be in writing and shall include findings of 30 fact for each of the applicable criteria established in subsection 10.02.07 31 B.67.g. of this Code, conclusions of law for each of such criteria, and a 32 determination denying, granting, or granting with conditions, in whole or 33 in part, the vested rights for adequate public facilities. 34 35 f. Appeal to the Board of County Commissioners. Within 30 days after 36 issuance of the hearing officer's written determination of vested rights for 37 a certificate of public facility adequacy, the County Attorney, the 38 Community Development and Environmental Services Division 39 Administrator, or the owner or its authorized attorney or agent, may 40 appeal the determination of vested rights for a certificate of public facility 41 adequacy of the hearing officer to the Board of County Commissioners. A 42 fee for the application and processing of an owner- initiated appeal shall 43 be established at a rate set by the Board of County Commissioners from 44 time to time and shall be charged to and paid by the owner or its 45 authorized agent. The Board of County Commissioners shall adopt the 46 hearing officer's determination of vested rights for a certificate of public 47 facility adequacy, with or without modifications or conditions, or reject the 48 hearing officer's determination of vested rights for a certificate of public 49 facility adequacy. The Board of County Commissioners shall not be 50 authorized to modify or reject the hearing officer's determination of 51 vested rights for a certificate of public facility adequacy unless the Board 341 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text str kethr.. gh .s current text to FP .JA Ptad Bold text indicates a defined term 1 of County Commissioners finds that the hearing officer's determination is 2 not supported by substantial competent evidence in the record of the 3 hearing officer's public hearing or that the hearing officer's determination 4 of vested rights for a certificate of public facility adequacy is contrary to 5 the criteria established in subsection 10.02.07 B.67.g. of this Code. 6 : : • * : : * • ■ * e r 7 h. Limitation on determination of vested rights for a certificate of public 8 facility adequacy. A determination of vested rights for a certificate of 9 public facility adequacy which grants an application for determination of 10 vested rights for a certificate of public facility adequacy shall expire and 11 be null and void unless construction is commenced pursuant to a final 12 development order, final subdivision plat, or final site development 13 plan, within 2 years after the issuance of the determination of vested 14 rights for a certificate of public facility adequacy under subsection 15 10.02.07 B.67.g. or unless substantial permanent buildings have been, 16 or are being constructed or installed pursuant to a valid, unexpired, final 17 development order of Collier County within 2 years after issuance of the 18 determination of vested rights for a certificate of public facility adequacy 19 under subsection 10.02.07 B.67.g., and such development pursuant to a 20 final development order, final subdivision plat, final site development 21 plan, final subdivision master plan, or planned unit development master 22 plan is continuing in good faith. The aforementioned 2 -year time limitation 23 on the determination of vested rights for a certificate of public facility 24 adequacy shall be stayed during any time periods within which 25 commencement of construction pursuant to a final development order, 26 final subdivision plat, or final site development plan is prohibited or 27 deferred by the county solely as a result of lack of adequate public 28 facilities to serve the property, pursuant to this section. 29 30 C. Certificate of public facility adequacy. 31 32 5. Standards for review of application. The following standards shall be used in the 33 determination of whether to grant or deny a certificate of public facility adequacy. 34 Before issuance of a certificate of public facility adequacy, the application shall 35 fulfill the standards for each public facility component (potable water, sanitary 36 sewer, solid waste, drainage, parks, schools and roads). 37 38 39 g. Public school facilities. The determination of public facility adequacy for 40 school facilities shall occur only after the School District has issued a 41 school capacity availability determination letter (SCADL) verifying 42 that capacity is available to serve the development. Public facility 43 adeguacv for school facilities shall be granted if any of the following 44 conditions are met. 45 46 i. The necessary facilities and services are in place at the time a 47 final site development plan or final subdivision plat is approved: 48 49 ii. The necessary facilities and services are under construction or 50 the contract for such facilities and services has been awarded 51 accepted, and dulv executed by all Darties. at the time a final site 342 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktt (050510).doc 1 2 3 4 5 6 7 s 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. Bold text indicates a defined term development plan or final subdivision plat is approved; iii. The necessary facilities and services are found in the first second or third year of the School District of Collier County's Five -Year Capital Improvement Plan; or iv. The necessary facilities an development agreement to funding as provided for in Polio Element of the Growth Manal needed facilities. + * * * + * * + * J services are subiect of a contribute proportionate share r 2.4 in the Public School Facilities cement Plan or to construct the * * + * 10.02.12 ReseF ed- Submittal Requirements for Non -PUD Residential Rezones A. Submittal of School Impact Analvsis (SIA) application for residential projects. The applicant shall submit a completed SIA application for the School District's review for a determination of school capacity. Refer to section 10.04.09 for SIA requirements. + + * + + + + + + + + + 10.02.13 Planned Unit Development (PUD) Procedures A. Application and PUD master plan submission requirements. Applications for amendments to, or rezoning to, PUD shall be in the form of a PUD master plan of development along with a list of permitted and accessory uses and a development standards table. The PUD application shall also include a list of developer commitments and any proposed deviations from the Land Development Code. The PUD master plan shall have been designed by an urban planner who possesses the education and experience to qualify for full membership in the American Institute of Certified Planners; and /or a landscape architect who possesses the education and experience to qualify for full membership in the American Society of Landscape Architects, together with either a practicing civil engineer licensed by the State of Florida, or a practicing architect licensed by the State of Florida, and shall be comprised, at a minimum, of the following elements: * * + * + + * + + * * * 4. Submittal of School Impact Analysis (SIA) application for residential projects. The applicant shall submit a completed SIA application for the School District's review for a determination of school capacity. Refer to section 10.04.09 for SIA requirements. * + * * * * + + * * * * + 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP, THE LDC, OR THE GMP, AND FOR SCHOOL CONCURRENCY DETERMINATIONS * * * * * * * * * * * * * 10.04.09 School Concurrence Procedures for the Review and Approval of Residential Subdivision Plats and Residential Subdivision Plat amendments: Residential Site Development Plans and Residential Site Development Plan amendments. 343 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Bold text indicates a defined term 2 A. Definitions Applicable to School Concurrence Reviews 3 4 Adiacent Concurrence Service Areas: Concurrence Service Areas which are 5 contiguous and touch along one side of their outside geographic boundary . 6 7 Available Capacity: Existing school capacity which is available within a Concurrence 8 Service Area including any new school capacity that will be in place or under actual 9 construction, as identified in the first three years of the School District's Five Year Capital 10 Improvement Plan. 11 12 Proportionate Share Mitigation (Schools): An Applicant improvement or contribution 13 identified in a binding and enforceable agreement between the Applicant the School District 14 and the Local Government with iurisdiction over the approval of the plat site plan or functional 15 equivalent to provide compensation for the additional demand on public school facilities caused 16 by_the residential development of the property, as set forth in Section 163.3180(13)(e), F.S. 17 18 School Board: The governing body of the School District a political subdivision of the 19 State of Florida and a corporate body pursuant to Section 1001.40 F.S. 20 21 School District of Collier County: The School District created and existing pursuant to 22 Section 4, Article IX of the State of Florida Constitution. 23 24 Type of School: Schools providing the same level of education i.e. elementary middle 25 high school, or other combination of grade levels. 26 k 27 28 B. School Concurrence Established 29 30 1. Purpose. The County and the School District shall ensure that the LOS 31 standard established for each Type of School is achieved and maintained. 32 33 2. Applicability. No residential subdivision plat or residential site development 34 plan for new residential development may be approved by the County, unless 3S the application is exempt from these requirements as provided for in this Section 36 or until a School Capacity Availability Determination Letter (SCADL) has 37 been issued by the School District to the County indicating that adequate school 38 capacity exists within a Concurrence Service Area (CSA) for each Type of 39 School. 40 41 a. The County may Condition the approval of the application to ensure that 42 necessary schools are in place in order to validate or render effective the 43 approval. This shall not limit the authority of the County to deny a 44 residential plat residential site plan or its functional equivalent pursuant 45 to its home rule regulatory powers. 46 47 3. Exemptions. The following shall be exempt from the terms of this subsection: 48 49 a. Single family and mobile home lots of record existing as of the effective so date of school concurrence. October 14, 2008. 51 344 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. Text str kethro gh 's G irrent text to hp deleted Bold text indicates a defined term 1 b Anv new residential development that had a final subdivision plat or site 2 development plan approval as of the effective date of school 3 concurrence. October 14, 2008. 4 5 c Any amendment to any previously approved residential development 6 order that does not increase the number of dwellina units or change the 7 dwelling unit type (e.g., single - family to multi - family). 8 9 d Age- restricted communities with no permanent residents under the age of 10 18. Exemption of an age- restricted community will be subject to a 11 restrictive covenant limiting the age of permanent residents to 18 years and 12 older. 13 14 e. All new residential subdivision plats and site development plans, or 15 amendments to previously approved residential development orders. 16 which are calculated to generate less than one student. 17 18 f. Development that has been authorized as a Development of Regional 19 Impact pursuant to Chapter 380, F.S. as of July 1, 2005. 20 21 22 C School Concurrence Application Review. Any Applicant submitting an application for 23 a residential subdivision plat or residential site development plan must prepare and 24 submit a School Impact Analysis (SIA) to the County for review by the School District. 25 An application that is determined to be exempt under Section 10 02.07 is not subject to 26 school concurrence. Refer to Section 10.04.09 for SIA requirements. 27 28 1. The SIA must indicate the location of the development, number of dwelling 29 units and unit types (single - family, multi - family, etc.), a phasing schedule (if 30 applicable) and age- restrictions for occupancy (if any). The County shall initiate 31 the review by determining that the application is sufficient for processing. Once 32 deemed sufficient the County shall transmit the SIA to the School District 33 representative for review. The process is as follows: 34 35 a. An application for residential development is submitted to the County for 36 a sufficiency review. Once deemed sufficient, the County transmits the 37 SIA to the School District for review. The School District may charge the 38 applicant a non - refundable application fee payable to the School District 39 to meet the cost of review. 40 41 b Within 20 working days of receipt of a sufficient SIA application, the 42 School District representative shall review the application and provide 43 written comments to the County. Each SIA shall be reviewed in the order 44 in which it is received. 45 46 c In the event that there is not adequate capacity available within the 47 adopted LOS standard in the Concurrence Service Area (CSA) in which 48 the proposed development is located or in an adjacent CSA to support 49 the development impacts, the School District representative will issue a so School Capacity Availability Determination Letter (SCADL) within 20 345 I: \09 Amend the LDC\2009 -Cycle 1\LDC Packet\may 17 BCC Pkt \BCC Pkt1 (050510).doc Text underlined is new text to be added. TexQ- stFil(ethro gh sGUFF_Rt text to hP. dP.1PtPd Bold text indicates a defined term 1 working days of receipt of the SIA detailing how the development is 2 inconsistent with the adopted LOS standard and offer the applicant the 3 opportunity to enter into a negotiation period to allow time for the 4 mitigation process. If the proposed mitigation is accepted by the School 5 District. County and the applicant, then those parties shall enter into an 6 enforceable and binding agreement with the County and the applicant 7 8 d When capacity has been determined to be available the School District 9 representative shall issue a SCADL verifying available capacity to the 10 applicant and the County within 20 working days of receipt of the SIA 11 application. IN 13 e The County shall be responsible for notifying the School District 14 representative when a residential development has received a 15 Certificate of Public Facility Adequacy (COA), when the development 16 order for the residential development expires or is revoked and when 17 its school impact fees have been paid. 18 19 D. School Concurrence Approval. Issuance of a SCADL by the School District 20 identifying that capacity exists within the adopted LOS standard indicates only that 21 school facilities are currently available and capacity will not be reserved for the 22 applicant's proposed residential development until the County issues a Certificate of 23 Public Facility Adequacy (COA). 24 25 1. The County shall not issue a COA for a residential development until receiving 26 confirmation of available school capacity within the adopted LOS standard for 27 each Type of School, in the form of a SCADL from the School District Once the 28 County has issued a COA, school concurrence for the residential development 29 shall be valid for the life of the COA. Expiration, extension or modification of a 30 COA for a residential development shall require a new review for adequate 31 school capacity to be performed by the School District. 32 33 2. The County shall notify the School District within 10 working days of any official 34 change in the status of a COA for a residential development. 35 36 3. The County shall not issue a building permit for a non - exempt residential 37 development without confirming that the development received a COA at plat 38 or site plan approval, and the COA is still valid. Once the County has issued a 39 COA, school concurrence for the residential development shall be valid for the 40 life of the COA. 41 42 E. Proportionate Share Mitigation. In the event there is not sufficient school capacity 43 available within the adopted LOS standard to support an applicant's development 44 the School District in coordination with the County may consider proportionate share 45 mitigation options and if accepted shall enter into an enforceable and binding 46 agreement with the Applicant and the County to mitigate the impact from the 47 development through the creation of additional school capacity. 48 49 F. Mitigation. If mitigation is agreed to the School District shall issue a new SCAM 50 approving the applicant's development subject to those mitiqation measures agreed to 346 I: \09 Amend the LDC\2009 -Cycle 1 \LDC Packet \may 17 BCC Pkt \BCC Pktt (050510).doc Text underlined is new text to be added. rikethmugh is n .ten." text to be deleted Bold text indicates a defined term 1 by the County, applicant and the School District Prior to residential subdivision plat 2 or residential site plan approval the mitigation measures shall be memorialized in an 3 enforceable and binding agreement with the Countv the School District and the 4 applicant that specifically details mitigation provisions to be paid for by the applicant s and the relevant terms and conditions. If mitigation is not agreed to, the SCADL shall 6 detail why any mitigation proposals were rejected and why the development is not in 7 compliance with school concurrence requirements. A SCADL indicating that either s adequate capacity is available or that there is no available capacity following a ninety 9 (90) day negotiation period constitutes final agency action by the School District. iii] icy, VA I: \09 Amend the LDC \2009 -Cycle 1\LDC Packet \may 17 BCC Pkt \BCC Pkt1 (050510).doc 11 i� ohm 05 , o a ko dG &� rLA-01.7o, lot) vr- fvo Cut a , ) p I ACL(( JjrA-,q 0 T, 3 0 L-�, c / �(� Ofl ol , App Yu/— O col.4.(_l o 44(� r Y'rs I'I'l /J-1 > ✓'1 " ' l ��..Qo 1s'1'',7/ '- 1. ✓-f �i,'1 �1; /�Jil ��(..e... 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