CCPC Backup 06/21/2012 Rccpc
MEETING
BACKUP
DOCUMENTS
JUNE 21, 2012
AGENDA
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, JUNE 21 , 2012, IN
n THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY
GOVERNMENT CENTER, THIRD FLOOR, 3299 TAMIAMI TRAIL EAST, NAPLES, FLORIDA:
NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM.
INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP
ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM
IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN
OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST
SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE
PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE
CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE
COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING.
ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A
PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR
PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A
RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY
NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE,
WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED.
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL BY SECRETARY
3. ADDENDA TO THE AGENDA
4. PLANNING COMMISSION ABSENCES
5. APPROVAL OF MINUTES - May 17, 2012
6. BCC REPORT- RECAPS
7. CHAIRMAN'S REPORT
8. CONSENT AGENDA ITEMS
A. CU- PL20110001157: Ichthyo Park Conditional Use, A Resolution of the Board of Zoning Appeals of
Collier County, Florida providing for the establishment of a Conditional Use to allow an educational
aquarium within an Agricultural (A) Zoning District pursuant to Subsection 2.03.01.A. l .c.3 of the Collier
County Land Development Code for property located in Section 23, Township 50 South, Range 26 East,
Collier County, Florida. [Coordinator: Mike Sawyer, Project Manager]
1
B. PUDA- PL2011 -1168: Naples Reserve RPUD, an Ordinance of the Board of County Commissioners of
Collier County, Florida amending Ordinance No. 07 -71, The Naples Reserve Golf Club Residential Planned
Unit Development (RPUD), to remove a golf course from the RPUD; providing for amendments to permitted
uses; providing for amendments to development standards; providing for amendments to master plan;
providing for amendments to list of requested deviations from LDC; providing for amendments to list of
developer commitments; and providing an effective date. Subject property is located one -third of a mile
north of US 41 and 1 -1/2 miles east of Collier Boulevard (CR 951) in Section 1, Township 51 South, Range
26 East, Collier County, Florida consisting of 688 +/- acres. [Coordinator: Nancy Gundlach, AICP, RLA,
Principal Planner]
9. ADVERTISED PUBLIC HEARINGS
A. Note: This item has been continued from the June 7th CCPC meeting: This item will be heard first as an
Advertised Public Hearing under agenda item 9A then will be heard as Consent immediately following as
agenda item 9C:
PUDA- PL20100001551: PARKLANDS PUD -- An Ordinance of the Board of County Commissioners of
Collier County, Florida amending Ordinance No. 2004 -41, as amended, the Collier County Land Development
Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County,
Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the
herein described real property from a Planned Unit Development zoning district to a Residential Planned Unit
Development (RPUD) zoning district for the project to be known as the Parklands RPUD, to change the PUD
by reducing the residential dwelling units from 1603 dwelling units to 850 residential dwelling units,
increasing the preserve to 341 acres, deleting golf courses as a permitted use, revising development standards
requesting deviations from the Land Development Code, and eliminating a 7.23± acre park on property
located east of Quail West and south of the Lee - Collier line in Section 9, Township 48 South, Range 26
East, Collier County, Florida, consisting of 642.34± acres; providing for repeal of Ordinance No. 03 -42; and
providing an effective date (Companion to Petition DOA- PL201000001550) [Coordinator: Kay Deselem,
AICP, Principal Planner].
B. Note: This item has been continued from the June 7th CCPC meeting: This item will be heard first as an
Advertised Public Hearing under agenda item 9B then will be heard as Consent immediately following as
agenda item 9D:
DOA- PL20100001550: PARKLANDS DRI A Resolution amending Development Order No. 85 -4, as
amended, for the Parklands Development of Regional Impact ( "DRI ") by providing for Section One:
Amendments to the Development Order including amendments to the Findings of Fact section to reflect
changes in acreages for various components of the project and removal of conversion table; reducing the
number of dwelling units from 1,603 to 850; increasing the preserve area to 341 acres, deleting golf course as a
permitted use and adding a buildout date; amendments to the Conclusions of Law section amending the
following subsections: Education subsection to provide for dedication instead of donation of a school site;
amendments to Fire Protection subsection to remove requirement of fair share contribution to capital and
operating expenses and replace with payment of impact fees; amendments to the Fiscal subsection to remove
the requirement that the construction of a segment of Logan Boulevard will be at no cost to the County;
amendments to the Transportation subsection to reflect removal of proportionate share requirements for off -
site road segments and removal of traffic monitoring report; removal of Wastewater Management subsection;
amendments to Water Supply subsection to identify water supply; amendment to re- number the Leapfrog
Development subsection; amendments to the General Considerations subsection to make minor language
changes and change reporting to biennial; removal of the Water Management subsection; removal of the
Environmental Considerations subsection; removal of the Transportation subsection; removal of the Utilities
subsection; removal of the Mosquito Control subsection; removal of Parks and Open Space subsection;
removal of exemptions to subdivision regulations; Section Two: Findings of Fact: extending the buildout date
to January 22, 2026; Section Three: Conclusions of Law; Section Four: Effect of Previously Issued
Development Orders and Transmittal to the Department of Community Affairs; and Providing for an Effective
Date. The subject property is located east of Quail West and south of the Lee - Collier line in Section 9,
Township 48 South, Range 26 East, Collier County, Florida. [COMPANION TO: PUDA- PL20100001551:
PARKLANDS PUD] [Coordinator: Kay Deselem, AICP, Principal Planner]
C. Note: This item has been continued from the June 7rh CCPC meeting: This item will be heard first as an
Advertised Public Hearing under agenda item 9A then will be heard as Consent immediately following as
agenda item 9C:
PUDA- PL20100001551: PARKLANDS PUD -- An Ordinance of the Board of County Commissioners of
Collier County, Florida amending Ordinance No. 2004 -41, as amended, the Collier County Land Development
Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County,
Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the
herein described real property from a Planned Unit Development zoning district to a Residential Planned Unit
Development (RPUD) zoning district for the project to be known as the Parklands RPUD, to change the PUD
by reducing the residential dwelling units from 1603 dwelling units to 850 residential dwelling units,
increasing the preserve to 341 acres, deleting golf courses as a permitted use, revising development standards
requesting deviations from the Land Development Code, and eliminating a 7.23± acre park on property
located east of Quail West and south of the Lee - Collier line in Section 9, Township 48 South, Range 26
East, Collier County, Florida, consisting of 642.34± acres; providing for repeal of Ordinance No. 03 -42; and
providing an effective date (Companion to Petition DOA- PL201000001550) [Coordinator: Kay Deselem,
AICP, Principal Planner].
D. Note: This item has been continued from the June 7rh CCPC meeting: This item will be heard first as an
Advertised Public Hearing under agenda item 9B then will be heard as Consent immediately following as
agenda item 9D:
DOA- PL20100001550: PARKLANDS DRI A Resolution amending Development Order No. 85 -4, as
amended, for the Parklands Development of Regional Impact ( "DRI ") by providing for Section One:
Amendments to the Development Order including amendments to the Findings of Fact section to reflect
changes in acreages for various components of the project and removal of conversion table; reducing the
number of dwelling units from 1,603 to 850; increasing the preserve area to 341 acres, deleting golf course as a
permitted use and adding a buildout date; amendments to the Conclusions of Law section amending the
following subsections: Education subsection to provide for dedication instead of donation of a school site;
amendments to Fire Protection subsection to remove requirement of fair share contribution to capital and
operating expenses and replace with payment of impact fees; amendments to the Fiscal subsection to remove
the requirement that the construction of a segment of Logan Boulevard will be at no cost to the County;
amendments to the Transportation subsection to reflect removal of proportionate share requirements for off -
site road segments and removal of traffic monitoring report; removal of Wastewater Management subsection;
amendments to Water Supply subsection to identify water supply; amendment to re- number the Leapfrog
Development subsection; amendments to the General Considerations subsection to make minor language
changes and change reporting to biennial; removal of the Water Management subsection; removal of the
Environmental Considerations subsection; removal of the Transportation subsection; removal of the Utilities
subsection; removal of the Mosquito Control subsection; removal of Parks and Open Space subsection;
removal of exemptions to subdivision regulations; Section Two: Findings of Fact: extending the buildout date
to January 22, 2026; Section Three: Conclusions of Law; Section Four: Effect of Previously Issued
Development Orders and Transmittal to the Department of Community Affairs; and Providing for an Effective
Date. The subject property is located east of Quail West and south of the Lee - Collier line in Section 9,
Township 48 South, Range 26 East, Collier County, Florida. [COMPANION TO: PUDA- PL20100001551:
PARKLANDS PUD] [Coordinator: Kay Deselem, AICP, Principal Planner]
10. OLD BUSINESS
A. LDC Amendments 2012 Cycle 1 [Coordinator: Caroline Cilek, Senior Planner]
11. NEW BUSINESS
12. PUBLIC COMMENT ITEM
13. DISCUSSION OF ADDENDA
14. ADJOURN
CCPC Agenda/Ray Bellows /jmp
EXHIBIT A
PERMITTED USES
THE PARKLANDS RPUD
1. GENERAL USES PERMITTED THROUGHOUT THE RPUD EXCEPT IN THE
PRESERVE AREA (P)
A. Permitted Principal Uses:
1. Agricultural uses including related accessory uses and structures.
Agricultural uses in any particular are tract shall be completely terminated
prior to the issuance of any residential building permits for that area.
2. -- Essential - ,ef-,zEeg as prevrded- Tee —the CBE
Conditional Use.
3: Water management facilities and related structures including lakes with or
without bulkheads or other architectural or structural bank treatments.
43. Playgrounds, playflelds, lakes, commonly owned open space, and
pedestrian sidewalkslbikepaths.
-74. Model homes and sales centers.
8.5. Guardhouses, gatehouses, and access control structures (located outside
the Logan Boulevard North ROW).
4-06. Any other principal use which is comparable in nature with the foregoing
uses, and is approved through the process set forth in the LDC at the time
of the request for such use.
B. Permitted Accessory Uses
2. 'Mairiteriance areas, matfitenap-ee >gui: —J; gs ,.t:l:tt Utility storage buildings,
irrigation water and effluent storage tanks and ponds, all to serve the
RUPRPUD.
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3,2. Signs, as permitted by the LDC provisions in effect at the time building
permits are requested with deviations as stated in Exhibit E of this
Ordinance.
43, Open space uses and structures including, but not limited to nature trails,
riding trails, fitness trails and shelters, boardwalks, gazebos and picnic
areas.
-54. Docks, piers and the like, for residential use constructed for purposes of
lake recreation for residents of the project.
9. Gustemar-y aec-essery uses of strde�ufes ineidenW to feefeational afeas
aa&ef faeilifies, and sti-detur-es eaffstrdeted fef: the pt"eses E)
maintenanee. stafage, of shelter- with appfepfiatle sefeening and?
landseaping,
4-05. Any other accessory use which is comparable in nature with the foregoing
uses, and is approved through the process set forth in the LDC at the time
of the request for such use.
2. RESIDENTIAL (R)
A. Perrn�itted Principal Uses
Single-family detached dwellings.
2. Single-family zero lot line dwellings.
3. Single-family attached and townhouse dwellings.
4. Two-family and duplex dwellings.
5. Multi-family dwellings.
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...........
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4-05. Any other accessory use which is comparable in nature with the foregoing
uses, and is approved through the process set forth in the LDC at the time
of the request for such use.
2. RESIDENTIAL (R)
A. Perrn�itted Principal Uses
Single-family detached dwellings.
2. Single-family zero lot line dwellings.
3. Single-family attached and townhouse dwellings.
4. Two-family and duplex dwellings.
5. Multi-family dwellings.
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6. Model homes conforming to housing types described in 2.A.1 through
2.A..5 above,
87. Any other principal use which is comparable in nature with the foregoing
uses, and is approved through the process set forth in the LDC at the time
of the request for such use.
B. Permitted Accessory Uses
Customary accessory uses and structure, including but not limited to
private garages and swimming pools, spas, screen enclosures, gazebos,
and recreational facilities designed to serve the development.
2. Signs as permitted by the LDC provisions in effect at the time building
permits are requested including the standards of Exhibits B and E of this
Ordinance.
Conu-non area recreation and utility facilities.
4. Any General permitted Accessory Use listed in Section 1.13 of this
Ordinance.
5. Any other accessory use which is comparable in nature with the foregoing
uses, and is approved through the process set forth in the LDC at the time
of the request for such use.
C. Density
A maximum number of 850 dwelling units may be constructed as set forth
in the Development Standards Table.
3. 2. Single-family housing types may be mixed with fespeet t&4ieu-&*
strde�ur-e and lat efientatien within the saffie pla#ed tr-aet, whieh ffla�
iiieltidemodet home row area (only). This means that a single-family
detached (zero-lot-line and non-zero-lot-line)7Land single-family attached
eta heuse. He ' we,.'ef, sii+gk-
each housing type meets applicable development standards specified in
.Exhibit B. Single-family and multi-family housing types may not be
mixed on the same platted t�ttract. The setbacks between
mixed housing types shall be the most restrictive, i.e., the housing type
requiring the largest setback.
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3. P R E S J,; DA LF —L-12-
— — 1. RECREATION SITE (RS)
A. Permitted Principal Uses
6. Dfainage and watef manageffientstfuetufes;
7. Any uses in addition te the for-egaing pefmiaed ii:t pfesef:ve areas by the
LDG in eff-eet at tke tit+ie of RPUD appr-eval; and
,91. Community center/clubhouse with dining facilities, health spas, tennis
club and other recreational facilities intended primarily to serve the RPUD
.residents and izuests. The developer shall commence construction of the
cornniunitv center/clubhouse on the recreation site (RS) prior to issuance
of the building permit for the 250'h dwelling unit and shall complete
construction within one year, unless delayed by natural disaster or other
calamity beyond the control of the developer.
2. Conunercial/retail establishments including - tennis equipment sales, gift
shops, restaurants, cocktail lounges and similar uses intended Primarily to
sen!e the RPUD residents and guests.
3. Maintenance and storage buildings.
Any other principal use which is comparable in nature with the foregoing
uses, and is approved through the process set forth III the LDC at the tune
of the request for such use.
B. Permitted Accessory Uses
Aeeess 1. Parks tennis courts, shuffleboard courts, volleyball caurts, tot lots
and other facilities for outdoor recreation.
2. Customary accessory uses and structures asseeia4edincidental
to recreational areas and/or -facilities. and structures constructed for the
purposes of maintenance. storage, or shelter with the uses per - ni4t4ed ifi the
Pr-es�i-ea, ineludiiw propriate screening and landscaping,
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and festefatien; and, minimuffi exca-Y tion, when feqttir-ed fer-
i-estefation of fef watef management faeilities. .
-23. Any other accessory use which is comparable in nature with the foregoing
uses, and is approved through the process set forth in the LDC at the time
of the request for such use.
4. PRESERVE (P)
A. Any uses perraitted in preserve areas by LDC 3.05.47.H. 1.h in effect at the time
of RPUD approval.
B. Any other use which is comparable in nature with the foregoing uses, and is
approved through the process set forth in the LDC at the time of the request for
qnch use_
SCHOOL SITE (S)
A. Pen-nitted Principal Uses
No uses other than a public elementary school shall be allowed on the
School Site unless the developer ef fflaster- haffieewner-s asseeiatiall
records a notice in the public records that this restriction has been waived
in whole or in part. In the event of turnover, the master homeowner's
association shall thereafter be responsible for recording such notice. If so
waived, any of the principal and accessory general and residential uses
permitted in the RPUD are also permitted on the School Site. This
restriction may be recorded in the public records and shall be included in
the deed to the School Board.
B. Permitted Accessory Uses
Access control structures, pedestrian sidewalks, communication facilities
and similar uses accessory to a school site.
5. 6. OPEN SPACE/BUFFERS (OS/B)
A. The perimeter buffer along the western property line shall be 35 feet in width and
may be located within the area previously conveyed to Collier County as right of
way (6(i feet in width) and subsequently conveyed back by Collier County (per
O.R. Book 36(1 ), Page 858). The portion of the perimeter buffer located along the
northern property line adjacent to the development area shall be 35 feet in width.
The southern, not-them and eastern perimeters that are contained in the preserve
area shall be deemed to satisfy the LDC requirements for buffers along these
perimeters.
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B. A final detenni nation shall be made of the type of buffers required at the time of
SDP or plat approval based on the adjacent land uses.
7. PRESERVE BUFFERS (PB)
A. Preserve buffers are intended to buffer and protect the large preserve areas from
impacts associated with The Parklands development and Logan. Boulevard North.
.. ........
B. In addition to uses permitted in LDC 3. fly .07.H.l.h, developer may supplement
existing native vegetation- with landscape features, buffers, berms and native
landscaping materials.
8. LAKES (L)
A. TheA. If requested by the developer. the minimum lake setback to right-of-way,
road access easement, or external property line, including those adjacent to Logan
Boulevard North, may beshall be reduced to a minimum of twenty (20) feet if the
right-of-way, roadway access easement or external property line is properly
protected in the vicinity of the lake by berm, fencing or landscaping.
Notwithstanding the foregoing, this provision does not operate as a waiver of the
Collier County Code of Laws and Ordinances.
1 --9. SIGNAGE
A. Boundary Markers: Two boundary markers or monuments may be located at the
project development area, adjacent to Logan Boulevard North right-of-way (see
Exhibit C -1). Refer to new Deviations Nos. 3. 5 and 8 in Exhibit E.
B. Project Entrance Signs: Two ground or wall-mounted Parcel Entrance Signs may
be located at the main entrance of the RPUD on Logan Boulevard North (see
Exhibit C-1). Refer to Deviations Nos. 3. 4, 5 and 8 in Exhibit E.
910. CROSS SECTIONS
A. See Exhibit C-2 typical roadway cross sections and Exhibit C-3, Logan Boulevard
North cross sections. Refer to Deviations Nos. 10. 11, 12 and 13 in Exhibit E.
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THE PARKLANDS R D
� ' .� t• a is
PERMITTED USES
Single-
Zero
Two Family
Single-
Multi-
Model
Guard
Preserve
Recreation
AND STANDARDS
Family
Lot
&Duplex
Family
Family
Homes
Date
Area
Site
Detached
Line
(R)
Attached/
Dwellings
(R)
House
Structure
(RS)
(R)
(R)
Townhouse
(except
(ROWS)
(P)
(more than 2
Townhouse)
units)
(R)
Minimu Lot Area
5,000 SF
4,000 SF
3,-SW
3,500 SF` �'
9,000 SF`
N/A
N/A
i acre
�5005F`' z
L
Minimui n Lot Width'3
50'
40'
35' *'
35' *' '
90'
N/A
N/A
100'
MinimuF Lot Depth
100'
100'
100'
100'
100'
N/A
N/A
100'
Front Y rd Setbacks
20''
20'
20'F 4
20'�"
N/A
5
N/A
25'
Front Yard Accessory
20'
20'
20'
N/A
N/A
10'
Setbacks
20'
Side Ya d Setbacks
6'
81-0' or 10
7.5'
7.5'
N/A
N/A
10'
Side Yard Accessory
Setbacks
S.P.S.`9
S.P.S.`9
S.P.S.`9
S.P.S.`9
N/A
.5
.�
10'
Rear Yard Setbacks
15'
1 15'
15'
IS'
N/A
.S
`k
N/A
10'
Rear Yard Accessory
setbacks
5'
5'
5'
S'
N/A
`5
`�
N/A
10'
Maximum Building
2 stories
2 stories
2 stories not
2 stories not
2 stories not
2 stories
2 stories
Height
not to
not to
to exceed
to exceed
to exceed
not to
not to
exceed
exceed
30'
30'
50'
exceed
exceed
Zoned
30'
30'
40'
40'
60'
`3
30'
25'
35'
Actual
40'
40'
-$
40'
35'
50'
Distance Between
Principal & Accessory
10'
10'
10'
10'
20 "'
`5
N/A
N/A
10'
Structures
Distance Between
10'
0' or 10'
15'
15'
30'
N/A
N/A
l0'
Principal Structures
Floor a Minimum
1,000 SF
1,000 SF
1,000 SF
1,000 SF
750 SF
N/A
N/A
N/A
Setbacks from
Preserve Areas —
25'
25'
25'
25'
25'
.5
25'
N/A
25'
Principal Structures`8
Setbacks from
Preserve Areas —
10'
10'
10'
10'
10'
t'
10'
N/A
10'
Access o Structures
Setback
ont Tract
N/A
NIA
NiA
N/A
5`
N/A
N/A
10'
25.
Bounda
ethack
am Internal
N/A
N/A
N1A
N_`A
20
N,,`A
N/A
49- N;A
'51R/A
Drives
F
Travelwa y s
( See footnotes on Page 7 of 20)
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*3
*4
*5
*6
SF refers to square feet. All other measurements are in linear feet.
3,500 SF of lot area per dwelling unit.
Minimum lot width may be reduced by 20% for cul-de-sac lots provided the minimum lot area requirement is maintained.
Front yards shall be measured as follows:
A. If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line.
B. If the parcel is served by a private road, setback is measured from the back of curb or edge of pavement (if not curbed).
C. If the parcel has private road frontage on two sides, the setback is measured from the side with the shortest frontage
with the other frontage designated as a side yard.
D. The garage must be setback a minimum of 23 feet, for front-entry and 15 feet for side entry.
Same as Residential Zoning District where model home is located.
Minimum 5' fi•om road edge of pavement or back of curb and minimum 15' from Logan Boulevard North ROW line.
gs and garages.
.ted up to the preserve tract boundary.
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EXHIBIT D
LEGAL DESCRIPTION
THE PARKLANDS HP D
All of Section 9, Township 48 South, Range 26 East, Collier County, Florida, less and except the
South 30 feet conveyed to Collier County in Official Records Book 484, Page 533, Official
Records Book 548, Page 881, and Official Records Book 548, Page 883, all in the public records
of Collier County, Florida.
Together with the Vest 60 feet of the South 30 feet of Section 9, Township 48, Range 26 East,
Collier County, Florida.
Containing 642.239 acres, more or less.
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EX. HIBIT E
LIST OF REQUESTED DEVIATIONS FROM LDC
THE PARK, LANDS SPUD
N&MMMMINVIVALWAK1,10
.... MW=
"WA 'n
3. The 4=PG r-equifement faf blapAE utility easing installations shall be waived.
6.01.0i.D).
. . .. . ......................
V�lmlol ---- — ----- --------
........ ..
....... ...
. ............ .
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1. Deviation No. 1 seeps relief from LDC Section 5.04.043.1e, Model homes and Model
Sales Centers, which provides that a temporary use permit for a model home (occupied or
unoccupied) shall be issued initially for a period of three (3) years.
The requested deviation is to allow the model homes to remaain in effect until the last
.W to
ten (10) years without requiring a conditional use.
2. Deviation loo. 2 seeks relief from LDC Section 5.04.043.5.c, Model Homes and Model
Sales Centers, which provides that a maximum of five (5) models, or a number of
corresponding to ten (10) percent of the total number of platted lots, whichever is less,
per platted, approved development shall be permitted prior to final plat approval as
specified above.
The requested deviation provides up to 16 model homes and a sales center to be
permitted in the RPUD. Each time the developer applies for a model building permit, he
shall be required to inform the County how many model homes are in operation.
3. Deviation No. 3 seeks relief from LDC Section 5.06.02.B.6., Development Standards for
Signs within Residential Districts, which allows on- premises signs within residential
districts. Two ground signs with a maximum height of S feet or wall, residential entrance
or gate signs with a maxiunum height of S feet may be located at each entrance to multi-
family or single - family development and mobile home or recreational vehicle park.
The requested deviation is to allow two (2) entrance signs and two (2) boundary marker
signs depicted in Exhibit* C -1. These signs will be a maximum 10 feet in height.' The
boundary markers will be located adjacent to the project development along Logan
Boulevard North. The deviation is to allow additional sigiiage .,7enLx Logan T7eule...fd
y,k:n °a eopy afea of up to 120 n e feet fboth sides' `See Deviation No. 5 for
height. See Deviation Ni To. 4 for copy area).
4. Deviation No. 4 seeks relief from LDC Section 5.06.02.B.6.b, Development Standards
for Signs within Residential District, which allows the ground or wall sign not to exceed
a combined area of 64 square feet and shall not exceed the height and length of the wall
or gate upon which it is located.
The requested deviation is to allow the two project entrance signs
with a is-to
area of 6064 square feet in ar-ea er side and a
total area of 4-20128 square feet f r twe sided sips-.(both sides ) and
two boundary marker signs with a maximum area of 32 square feet per side and a total
area of 64 square feet (both sides).
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5. Deviation No. 5 seeks relief from LDC Section 5.06.02,13.6 which provides that on-
I premise signs within residential districts are allowed a maximum height of 8 feet.
The requested deviation is to allow a maximum height of 10 feet for the two entrance
signs and two boundary marker signs. Sign height will be measured per the LDC.
6. Deviation No. 6 seeks relief from LDC Section 5.06.02-B.5.b, Development Standards
for Signs within Residential District, which allows directional signs to be combined into
one sign with a maximum height of 8 feet and a maximum area of 24 square feet.
The requested deviation is to allow for no limitation on the number of combined sips
provided they are separated by a minimum distance of 100 feet or a road right-of-way.
7. Deviation No. 7 seeks relief from LDC Section 5.06.02.B.S.a, Development Standards
for Signs within Residential District, which allows on premise directional signs be set
back a minimum of 10 feet from the edge of the roadway, paved surface or back of the
curb, as applicable.
The requested deviation is to allow the directional sign to be located five feet from a
roadway or platted easement, excluding public roadways, if it does not result in public
safety concerns or obscure visibility of the motoring traffic.
Deviation No. 8 seeks relief from LDC Section 5.06.02.13,1.a, Development Standards
for Signs within Residential District, which allows a maximum height of 8 feet within
residential zoning districts, and as applicable to designated residential portions of RPUD
zoned properties, or as otherwise provided within this Code.
The requested deviation is to allow the height of the entry and boundary marker signs to
be 10 feet.
9. Deviation No. '9 seeks relief from LDC Section 5.04.06.A.3.d. Temporary Sins, which
requires that temporary signs shall not exceed 32 square feet in area in sign area.
The Y-10LIESICd deV18.11011 is tc, allovv teinnorcqry sins and banners to
le 948 square feet in
area.
10. Deviation No. 10 seeks relief from LDC Section 6.06.01.0 and Appendix B which
require cul de sacs and local streets to have a minimum 60-foot-wide right-of-way.
a
The requested deviation is to allow both 40-foot-wide and 50-foot-wide rig-ht-of-wav
widths for internal streets (See also Exhibit C-2). This does not apply to the internal main
spine road which . connects directly to Logan Boulevard North.
Deviation No. 11 seeks relief from LDC Section 6.06.02.A.1, Sidewalks, Bike Lane and
Pathway Requirements, which requires sidewalks on both sides of a local street that is
adjacent to the site.
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H:',2010',2010047`,RLD\PUDAmendrnent\PostCCPC\The Parklands RPUDPUDA-PL2010-1551 (REDLINE COMP. 5-8-2012 &6-12-2012).doex
The requested deviation is to allow a sidewalk five feet in width on just one side of the
street for local roadways 40 feet in width (see also Exhibit C-2). This does not include the
main spine road which connects directly to Logan Boulevard North.
4-012. Deviation No. 012 seeks relief from LDC Section 6.06.01.0 and Appendix B, (Street
System Requirements), which requires 4 travel lanes and median separator with a right-
of-way width as required for a major collector or arterial roadway.
The requested deviation is to allow construction of Logan Boulevard North with 2 travel
lanes within a 60-foot-wide or 80-foot-wide right-of-way as depleted on Exhibit C-3.
4413. Deviation No. 4413 seeks relief from LDC Section 6.06.02.A.1, and Appendix B
(Sidewalks, Bike Lane and Pathway Requirements) which requires 6-foot-wide sidewalks
on both sides of an arterial or major collector roadway.
The requested deviation is to require only one 10-foot-wide or 12-foot-wide multi-use
path on one side of Logan Boulevard North or a combination of an 8-foot-wide multi -use
path and 5-foot-wide sidewalk as depicted on Exhibit C-3.
. . .... . ...... . ......
. .............
13. Deviat-ion No. 13 seeks t:elief frefli LDG Section 5.04.06.A.3.E� Tempefary Signs, whieh
r-equir-es that teffiper-afy sigits shall tiet e:xeeed 32 squafe feet'—. sign afea.
6
Ae La� -4 squar-e fee
14. Deviation No. 14 seeks relief from LDC Section 4.03.08.A.4, Facilities and Service
Improvement Requirements, which requires no more than 4,000 average daily trips per
project access point.
The requested deviation is to permit one project access point on Logan Boulevard North
for the first 650 dwelling unit building permits based on a maximum trip generation rate
of 566 peak hour two-way- trips. If more than 650 dwelling unit building permits are
issued, a second project access point in lieu of an emergency access shall be required on
Logan Boulevard North.
15. Deviation No. 15 relates to Collier County Code of Ordinances Section 22-1 10(a)(3)b,
excavation review provisions of the applicable laws and County ordinances, that require
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H:',201 0`201 004TRLDTUD AmendmentTost CCPC,,The Parklands RPUD PUDA-PL2010-1553 (REDLINE COMP. 5-8-2012 & 6-12-20 1 2).docx
approval by the Board during the rezone and/or preliminary subdivisions plat process to
remove and have off-site excavated material in an amount in excess of ten percent (and in
excess of 20,000 cubic yards) of the total volume excavated. This deviation serves to
satisfy the requirement that intentions to remove the material must be clearly stated
during the development review and approval process.
The requested deviation is to allow the off-site removal of fill in excess of ten percent and
in excess of 20,000 cubic yards of excavated material for the construction of Logan
Boulevard North. Use of the excavated material on-site and for the construction of
Logan Boulevard North shall not require a traffic study. Wawe:ve•-, a speeifie tise tr-affie
s�udy shall be requifed f6f eff site hauling to other- leeatieffs that requir-e the tise e
Getinty fead"; ethef than Legan Baidlevar-d Nefth.
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H:X201 W,2010047\RLD\PUD AmendrrxnC%PW CCPC-.The Parklands RPUD PUDA-PL2010-1551 (REDLINIF COMP. 5-9-2012 & 6-12-2012).docx
EXHIBIT F
DEVELOPER, COMMITMENTS
THE PARKLANDS RPUD
GENERAL
A. The Parklands DRI was approved prior to the adoption of the Collier County
Growth Management Plan and continues to be vested for consistency and
concurrency in accordance with Section 163.3167(5), Florida Statutes, and is
exempt from any transportation related or other moratoria. Nothing herein shall be
construed as limiting or modifying the vested rights of the Parklands
development.
B. The buildout of the project shall be governed by the dates set forth in the DRI
Development Order or any amendments thereto.
C. The developer shall obtain and utilize all available on site fill needed for the
construction of Logan Boulevard North ,
k 1 g in any fill fiaffl off site leeations.. The County shall administratively
review and permit the lake excavations depicted on the RPUD master plan, and
give consideration to deeper lakes (in accordance with SFNVMD requirements) so
as to maximize the amount of on -site fill that can be generated for the Logan
Boulevard North so as to minimize hauling of imported fill for the project needs
and Logan Boulevard North construction.
D. The developer shall commence construction of the community center /clubhouse
on the recreation site (RS) prior to issuance of the building pennit for the 250'1'
dwelling unit and shall coMete construction within one year, unless delayed by
natural disaster or other calamity bevond the control of the developer.
2. TRANSPORTATION
A. Except as may be provided by written agreement with the County, the developer
shall construct a two (2) lane road, known as Logan Boulevard North Phase 1,
extending from the present tern. utus of Logan Boulevard North at the Olde
Cypress development north to the first entrance to the Parklands. Phase 1 of
Logan Boulevard North will be completed prior to the issuance of the first
certificate of occupancy. The developer shalt not be entitled to impact fee credits
for the construction of Logan Boulevard North Phase 1. Phase 2 of Logan
Boulevard North extends from the first entrance to the Parklands north to Bonita
Beach Road. The timing, and terms for construction of Logan Boulevard North
Phase 2 shall be as established in the Developers Contribution Agreement.
B. The developer(s), its successor(s) in title, or assignee(s), shalt be responsible for
the cost of a traffic signal at the main development entrance on Logan Boulevard
North located within the Parklands RPUD when determined warranted and
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H: +2010\20ION7T tLD1PUD Amendment',Post CCPC•The Parklands RPUD PUDA- PL2fl10 -2551 (REDLINE COMP. 5 -8- 2012 S 6- I2- 2012).docx
approved by Collier County Transportation Staff. Contingent upon the completed
installation, inspection, burn -in period, and final approval the traffic signal (as
defined by the applicable Developer Contribution Agreement), said traffic signal
shall be conveyed to Collier County for ownership and maintenance. If a traffic
signal is not warranted, as determined by Collier County Transportation's staff,
the developer's obligation for the traffic signal shall end 12 months after the date
of the last residential C.D.
C. The project main entrance from Logan Boulevard North shall have two lanes in
and two lanes out.
D. The developer shall provide a second project entrance on Logan Boulevard Forth
prior to the issuance of the first building permit for the 651` dwelling unit. This
entrance shall not be signalized. Its location may differ from that shown on
Exhibit C, the Master Plan, but it must comply with Access Management Policy
in effect at the tune. If only one entrance is provided on Logan Boulevard North
(because less than 651 dwelling units are constructed), air entrance for emergency
vehicles shall be provided as generally depicted on the RPUD Master Plan. The
emergency entrance shall be constructed concurrently with the adjacent tract and
internal roadway.
E. No new or additional access points to Logan Boulevard North (in excess of that
depicted on the RPUD Master Plan) shall be permitted.
3. UTILITIES
A. The developer, its assigns or successors shall negotiate with the County for the
use of treated sewage effluent within the project limits for irrigation purposes,
subject to availability. The developer shall be responsible for providing at1 on -site
piping and pumping facilities from the County's point of delivery to the project
and negotiate with the County to provide full or partial on -site storage facilities,
as required by the DEP, consistent with the volume of treated wastewater to be
utilized and subject to availability of treated effluent.
B. Connection to the County's off -site water and/or sewer facilities along CR 846
(h- nmokalee Road) will be made by the developer, its assigns or successors at no
cost to the County after legal access is available. The cost of connection shall
include, but shall not be limited to, all engineering design, and preparation of
construction documents, permitting, modification or refitting of sewage pumping
facilities, interconnection with County off -site facilities, and water and/or sewer
lines necessary to make the connection(s). The developer may share these
expenses with other users, if applicable, or if the developer funds more than its
proportionate share cif these costs, then the County shall collect and reimburse the
developer when other misers connect (on a proportionate basis) to the system.
C. Detailed hydraulic design reports for the water distribution and wastewater
collection and transmission systems to serve the project shalt be submitted to the
Page 16 of I9
H: 20 1 0120 1 00 4 7\RLDTUD Amendment\Post CCPCSThe Puk1ands RPUD PUDA- PL2010 -1551 (REDLINE CONO, 54-24[2 & 6- 12 -36fl2) d&-X
Public Utilities Division prior to or concurrent with submission of construction
documents during subdivision or site development plan review for the project.
Design of the utilities improvements shall include the following:
I The developer shall grant a 15-foot-wide utility easement (at no cost to the
County) in. one of the western residential tracts from the internal roadway
to the western project boundary abutting Quail West for a future
interconnection of the water distribution mains. The developer shall
choose the location of the easement. The County shall be responsible for
the costs of the interconnection and for obtaining a utility easement in
Quail West.
2. The wastewater improvements will include extending the wastewater force
main serving Olde Cypress and Terafma along Logan Boulevard North as
required to serve The Parklands. The developer will also provide a design
acceptable to Public Utilities PPMD which is hydraulically compatible
with the Olde Cypress and Terafiria pumping stations. The Parklands
collection system will be designed with one (sub)master pumping station
connected to the extended force main and will consist of duplex variable
frequency drive (VFD) submersible pumps meeting the requirements of
Public Utilities PPMD. Should development patterns in the area or design
standards change significantly prior to development of the Parklands.,
other design alternatives may be considered.
. ......... --.— ......
& The Eleveloper-, its assigiis or- sueeessof shall pay all water atid sewef iwipae4 fees
in eg�et at the time that building peniijts are r-equifed pur-stiant to appr-opfiate
County efdiftanees and r-egtilatians in eff-eei. at the time of bttilding pef-
Thi4 fequiffement shall be fflade known te all pfaspeetive btly�� 4 pr-epefties fef
whiel+buildiag perfflitswill be fequ4ed pfief te the stat4 of building eens4-+ietien-
�W
..........
4. ENAITRONMENTAL
A. Buffers shall be provided around wetlands, extending at least fifteen (15) feet
landward from the edge of wetland preserves in all places and averaging aventy-
five (25) feet from the landward edge of wetlands except where natural buffers
are not possible or not feasible. In this event, only structural buffers shall be
required and shall be constructed in accordance with the State of Florida
Environmental Resources Permit (ERP) Rules and shall be subject to review and
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H 2014Y2010047,RL9,P';ID AmendmentipostCCPC\The Parklands RPUDPUDA-PL-1010-K,551(REDLLN-E COMP. 5-8-21312&'6-12-2012).docx
approval by County Manager or his designee. (NIo structural buffers are to be
permitted in preserve area).
B. The project: provides for 341.2 acres of Preserve area as depicted on the RPUD
faster Plan. Based on the environmental assessment, 131.6 acres of native
vegetation exists on the site, therefore, only 32.9 acres was required to be
preserved.
C. One management plan for the entire project shall be submitted in accordance with
the requirements and procedures of the LDC for listed species including but not
limited to Black Dear, Gopher Tortoise and listed birds. The management plan
shall be submitted prior to development of the first phase of the project.
5. SCHOOL
A. The developer, or its successors or assigns, agrees to donate to the Collier County
School District, subject to school impact fee credits, a fifteen (I5) acre school site
in the location depicted on the RPUD faster Flan. The developer or his
successors or assigns:
I. Will convey the fee simple title for the school site to the School District
prier to the commencement of construction, or within 90 days of request
by the School District.
2. The site shall only be used for a public elementary school with access
control structures, pedestrian sidewalks, communication facilities and
similar uses accessory to a school site. (See Section 5.A.1). No uses other
than a public elementary school. shall be allowed on the Sehael Siteschool
site unless the developer of rite,• >,^,,.,°„,.,., asseeia-en _ records a
notice in the public records that this restriction has been waived in whole
or in part. In the event of turnover. the master homeowner's association
shall thereafter be responsible for recording such notice. -(See also Exhibit
A, Section 5.A.1). If so waived, any of the principal and accessory
residential uses permitted in the RPUID are also pemutted on the Se-heal
94eschool site. This restriction may be recorded in the public records and
shall be included in the deed to the School District.
WM
-73. The Parklands water management system will accept the stormwater
runoff from the school site and provide the necesgary storage and
attenuation. The school site will provide water quality or pretreatment as
required.
4. The School District will be responsible for the construction of all access
improvements into the school site.
Page 18 of 19
ti_ 2(! €t3x3GCE�dT'RS ilPt3D Am=da=tTcV CCPOThe PaTidands RPUD PUE)A- PL2010 -4551 (REDLINE CUMP. 5 -8 -2052 & 6- €2- 20I2).docx
6, PUD MONTITORMIG
A. One entity (hereinafter the Managing Entity) shall be responsible for PUD
monitoring until close-out of the PUD, and this entity shall also be responsible for
satisfying all PUD commitments until close-out of the PUD. At the time of this
PUD approval, the Managing Entity is Parklands Associates 1, LLLP. Should the
Managing Entity desire to transfer the monitoring and conuliffinents to a
successor entity, then it must provide a copy of a legally binding document that
needs to be approved for legal sufficiency by the County Attorney. After such
approval, the Managing Entity will be released of its obligations upon written
approval of the transfer by County staff, and the successor entity shall become the
Managing Entity. —As Owner and Developer sell off tracts, with the exception of
individual residential lots, the Managing Entity shall provide written notice to
County that includes an acknowledgement of the cortunitments required by the
PUD by the new owner and the new owner's agreement to comply with the
Commitments through the Managing Entity, but the Managing Entity shall not be
relieved of its responsibility under this Section. When the PUTD is closed-out,
then the -Managing Entity is no longer responsible for the monitoring and
fulfillment of PUD commitments.
1 8�7. DEVELOPMENT OF REGIONTAL IMPACT (DRI)
A. The Developer, its successors in interest, and all future assigns or designees shall
adhere to all commitments made in the Development of Regional Impact (DR[)
Application for Development Approvals (ADA), sufficiency responses, and
attachments for this amendment and all previously adopted DRI Development
Order (DO) actions for this project as amended.
Page 19 of 19
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warranty need
This IndwAsire, Madetkia day of January, 1997 AD , Between
Marguerite C. Williams, a widow ,
e4 mecmaq .1 Collier aw-f Florida , STasror, sae
Claudette Craumer,
wnppsomes;294 Morgan Road, Naplee, Florida 34113
a vnmt-.
WNaaueth are r,e opArrroR wr we M aa,iitaamn u; dx dam d - - - - - . . . - . .
- - TIN a N0 /100tS10.003 - - - - - - - - - iwcuas.
Yee�,pdae,a.,h,.bta W.appap,a, ox�lrinR khndprldoey anAxreo;. dxrecge +.iwreofaheshyachavwkdsN.h+,
yawed. horpoW and aaid r d a said GRANEM and GRANTEE'! Wood mipp Awm, a,e teltoa.hq ii,cnTee 4M, ,aa,e.
lams aey eiq r oa Ca,nry of Collier Sara Fi1WW1L %%h:
Two acres, more or lees, BEGINNING at the Southwest corner of
the SE 114 of the X31/4 at the SE 1/4 of Section 23., Township
50 S, Range 26. ti, Collier County, Florida, run Northerly along
the Rest line of said 833 1/4 of the NE 1/4 of the BE 1/4 a
distance of 208.0'1 thence run "Aterly and parallel to the
South line of said 3..9 1/4 of the NS 114 of the 88 114 a distance
of 417.01t thence Southerly and parallel to the West line of
the.said as 1/4 of the NB 1/4 of the SIC 1/4 a distance of
288.01; thence run Westerly along the South line of the.eaid
92 114 49 the Ns 1/4 at theS 1/4 a distance of 417.0' to the
POI .$
NT OF ss0IltMS0.
Subject to restrictionj3 and easements common to the subdivision, `
if any, and taxes subsequent to 1997.
HETURN_To.
MURPHY
LAW FILM
SUIT38 q
37115 AIRPOFIT RCA17 N.
N4PLCS, FL 341,75
V4 ft gnalar dad bn ty f4ly waA7eff Of •'A* n stiff laad. ad aM1 iahoal WC amd apnw k**1 claim V IN 4araom whmior -a
In WKIPM Whomegf, re ,:smut nm h„eana, as hk haw ad aW ap day and Yar om am .nnm
SIIInd, nand mA d Umid hh so, paftbh!
Printed 3Nam Marguerite C. Williams
witness P.O. Ao*tn ra Moep.e Road. Xw4ft. R. Ne r5
Printed. h! y
Witness
STATE OF Florida
COUNTY OF Collier
nee tafto K kehauem au actoinpe}kd btfwe M W,-
- du• of January, 1997 M
Marguerite C. Williams, a widow
who p;INl 4 )<hO.Alh w 7e aiift in pmdKRd. his
......
_ YldmwiCaaoh.
lie nowapas v1�ap. red 6y:
.
WNW .SAW PbW wraopwSlrrl rtchroa;
Printed Name,- -
IMNOMAapORT p 'A,Pi 31.4000
NOTARTPIIUM .
apse h.a.wery waaabrwn
HAnAm FL UM
uyceo,pwa„Brpm.
96 -3o3
Description: Colller,FZ DoemRent - Book-Page 2276.342 Fags: 1 of 3
Order: 1208088and9O Gent:
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LDC AMENDMENT SUB - AGENDA FOR THURSDAY, JUNE 21, 2012
COLLIER COUNTY PLANNING COMMISSION MEETING
REVISED
1. LDC Amendment Review
#_
Notes
Subsection
Description
Date
Author
1
Tabled fi-om 5/17/12.
1.08.02
Definitions - Kenneling
6/13/12
Ray Bellows
New Draft Provided_
2
Tabled from 5/17/12.
4.06.03
Landscaping Requirements for
6/11/12
Growth
New Draft Provided.
4.06.02
Vehicular Use Areas and Rights
Management
9.03.02
of Way; Buffer Requirements;
Division
Requirements of Continuation of
Nonconfonnities
3
Tabled from 5/17/12.
5.03.06
Dock Facilities
6/20/12
Ray Bellows
New Draft Provided in
6/21/12 Packet
4
Tabled from 6/19/12.
10.02.13
Planned Unit Development (PUD)
6/20/12
Nick
New Draft Provided in
Procedures PDI
Casalanguida
6/21/12 Packet
5
Tabled from 6/19/12.
6.06.01
Street System Requirements
6/20/12
Nick
New Draft Provided in
6.06.02
Sidewalks Pathways and
Casalanguida
6/21/12 Packet
Sidewalks, Bike Lane and
Pathway Requirements
6
Tabled from 6/19/12.
3.05.07 F 4 d
Preservation Standards- Removal
6/20/12
Stephen
New Draft Provided in
of exotic (formally, 3.05.07 H 1 g
Lenberger
6/21/12 Packet
Preservation Standards)
7
Tabled from 6/19/12.
10.02.03 B3
Submittal Reqs for Insubstantial
6/19/12
Growth
New Draft Provided in
change SDPI and SIPI
Management
6/21/12 Packet
Division
I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \CCPC \CCPC 2012 6 -21 \CCPC Sub - Agenda June 21, 2012- Revised
062012.docx6/20/2012 5:08 PM
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LDC Amendment Request
ORIGIN: Board Directed
AUTHOR: Ray Bellows, Zoning Manager
DEPARTMENT: Land Development Services
AMENDMENT CYCLE: 2012 Cycle 1
LDC SECTION(S): 1.08.02 Definitions
Revised Change and Reason Section 6/13/12.
CHANGE: Currently, the Code defines "Kenneling" as a lic ` Jd`'� operation which houses
household pets and limits the number of dogs permitted for reside .: and security purposes.
Beyond the number identified, the operation is considered a kennel The proposed amendment
refines the kennel definition to be a licensed establishment housing househ • ets and removes
the limitation on the number of des. The proposed language establishe definition that
regulates a licensed business that is -p itted in the designated zoning districts, r oted below.
REASON: During the September 27"' Board of Cou"`� Commissioners meeting, the
Commissioners discussed several propowd LDC am ndments ented by Code Enforcement,
including the propos � endment. Also noted i&%6 Execu� Summary was the future
revision to the Ani ntrol Ordnance. ,
The Collier County Domestic Animal Services Department is currently revising their Animal
Control Or ' ce (ACO) which is Ordinance 14 in the Code of Laws and Ordinances. The
Ordinan p islon ,Subcommittee of the D nestic Animal Services Advisory Board held a
meetin on Thursay, May, 31, 2012 where the first proposed revisions to the ACO were
present e changes in relation to the LDC include the following:
• Th ent ACO kenneling definition in the Code of Laws and Ordinances is noted
bel ow. t "is proposed that_ this definition is removed from the existing ACO, which is in
the Code of Laws and (fir, °nances. The removal of this definition eliminates the conflict
with the propid LDC eling definition.
o Kennel means::, place of business where dogs and/or cats are maintained for
purchase, sale,{'bieeding, boarding, training for a fee, treatment and /or grooming
purposes. Kennel shall not include any animal services center or any veterinary
hospital, or any animal facility operated by any subdivision of local, state or
federal government. Kennel shall not include any research facility subject to
inspections under any provision of any state and/or federal law.
• The introduction of the new definition for an "Animal- related entity" will encompass
kennels, and owners of 10 or more animals of the same species. The proposed definition
will be in the ACO, in the Code of Laws and Ordinances and is as follows:
1
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Definitions kenneling 0 61312. docx Caroline Cilek6/21/2012 9:43AM
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o Animal - related entity means any person or business that houses or regularly
congregates more than ten domestic animals of the same species on one premises
or property, including but not limited to any person or entity required to hold a
business tax receipt for an animal - related business; including persons housing
animals at their residences; including equine stables but excepting other bona fide
livestock operations; excepting the offices or practices of State - certified and
licensed veterinarians; and excepting the private keeping of fish or insects.
The establishment of the "animal- related entity" will provide for a degree of oversight for
residences that have 10 or more animals of the same species "'1-ie ACO is designed so that if a
nuisance complaint is reported for an owner of 10 or moreimals, then the Domestic Animal
Services Department will follow up with the complaint and1hc' owner /operator will be inspected
on an annual basis thereafter. It should also be noted that"""egarc ess of the number of animals on
a property, a nuisance complaint as described by the ACO, can b6'r ported.
For reference purposes, a kennel falls under
0752 and the following information is from L
Health Administration (OSHA) website. The S
kennel definition for Collier County.",,,-.,
Standard Industrial Classification Co
Establishments primarily engaged in pert
and other animal specialti� -i,130ablishmer
veterinary for cattle- shop, go
Establishments Drimarily enaaae in train
Animal
Jard Industrial - Classification (SIC) code
trtment of Labor,. ccupational Safety &
0752 is more extensi,& than the proposed
Services, Except Veterinary
ices, except veterinary, for pets, equines,
engaged in "performing services other than
ultf '. =pare classified in Industry 0751.
s are classified in Services, Industry 7948.
Breeding of 4nimals, other that cattle h sheep, goats, and poultry
Dog groomm
Dog pounds
Honey straining on�thc farm
Pedigree record services" for bets •end other animal specialties
Showing of pets and other anrrial specialties
Training horses, except racing
Training of pets and other animal specialties
Vaccinating pets and other animal specialties, except by veterinarians
Reference: "0752 Animal Specialty Services, Except Veterinary" OSHA website. Accessed Dec.
21, 2011. www.osha.gov /pls /imis /sic manual.display ?id = 360 &tab = description
P.
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Definitions kenneling 061312. docx Caroline Cilek6/21/2012 9:43AM
1
2
3
4
5
6
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In Collier County, kennels are allowed as permitted or conditional uses in the following districts:
1) Agricultural District
2) Commercial 2 District (as part of a veterinary practice, indoor kennel only)
3) Commercial 3 District (as part of a veterinary practice, indoor kennel only)
4) Commercial 4 District (permitted use- indoor only; conditional use- outdoor kennel)
5) Commercial 5 District (permitted use- indoor only; conditional use- outdoor kennel)
6) Golden Gate Parkway Professional Office Commercial Overlay (as part of a veterinary
practice, indoor kennel only)
FISCAL & OPERATIONAL IMPACTS: Fiscal and
include continued regulation by the Domestic Animal
regulation by Code Enforcement officers.
RELATED CODES OR REGULATIONS:
Ordinance by the Domestic Animal Services D
GROWTH MANAGEMENT PLAN IMPAC
OTHER NOTESNERSION DAT r
Prepared by Caroline Cilek, Senior Planrii✓ °�
Edited Dec.21, 2011; Edited March 21,1)12
Amend the LDC
3
, 201
anal impacts for the County
Department, as well as reduced
of the Animal Control
Services on October 11, 2011.
�C 7F 7C X X X
'ate as a facility housing dogs, cats, or other
fw 6 r enths nr elder nn nremi e
i
A— f A— r h nc OR nrepeFt y used fnr
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Definitions kenneling 061312. doCX Caroline Cilek6 /21/20129:43AM
LDC Amendment Request
ORIGIN: Board Directed
AUTHOR: Growth Management Staff
DEPARTMENT: Growth Management
AMENDMENT CYCLE: 2012 Cycle 1
LDC SECTION(S):
4.06.03 Landscaping Requirements for Vehicular Use
4.06.02 Buffer Requirements; and
9.03.02 Requirements of Continuation of Nonconfolgr
Revised 6/11/12
CHANGE: Currently, Section 4.06.03 states th
ffij
to the maximum extent possible when the vehicu
restriping of lots /drives), the buildi ' $ e footage
for 90 days or more and a request for�x °. ),ationa]
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Rights -of -Way;
must be br9ot into conformity
is altered, ex Sled (except for
or the structur as been vacant
resume the business is made.
During the September 27, 2011 Board ; Xourii'K
in
issi § meeting the Commissioners
approved a revision to section .4.06.03, fitting ding W* vacant fora 1 year time
period, rather than 90 days. The pro supports this revision, provides
justification for the change, and amends assoc ections in the Code.
Section 4.06.03 is connected to two Cody ections t provide landscape provisions. The first is
Section 4.06.02 - Buffer Requirements,' utl ' the applicability of buffer standards and
states that existing landscaping tha, not in ance with the standards of the Section shall
be brought into conformity the um exten ' possible when the vehicular use is altered or
expanded (except for restriping of lot es), the building square footage is changed, or there
has been a discontinuance of use for a p d of 60 days or more and a request for an
occupational license to resume business is made. This language is similar to Section 4.06.03
Landscaping Requirements for Vehicular Use Areas and Rights -of -Way, above, but applies a
more stringent time period to bring buffers into conformity. It is proposed this section is
amended to be consistent with Section 4.06.03.
Section 9.03.02 — Requirements for Continuation of Nonconformities, contains two sections
which provide time frames for discontinuation of uses and nonconforming features. The Section
states that when a use ceases for a time period greater than 180 days, the subsequent use shall
bring the nonconforming site features into conformity. The Section provides a 90 day time
period and it is proposed that both time frames described are amended to 1 year in order to grant
more time and be consistent with Section 4.06.03.
REASON: The revision to Section 4.06.03 Landscaping Requirements for Vehicular Use Areas
and Rights -of -Way was generated by the Economic Recovery Task Force in 2010. The Task
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Reqs for Vehicular Use Areas 061 1 12.docx Caroline Cilek 6/21/2012 9:43 AM
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Force sought to grant a new property owner or tenant a greater period of time to occupy an
existing property before the property was required to come into conformity with the current
Code. This extension allows new occupants the ability to open their business without incurring
landscape renovation costs.
The timeframes outlined in Sections 4.06.03, 4.06.02 and 9.03.02 can be tracked by examining
the date of issue or renewal for a Business Tax Receipt by the Collier County Tax Collector's
Office. A Business Tax Receipt is renewed on an annual basis and provides a record for Staff to
examine approximately how long a building has been vacant. For instance, if a single occupancy
building submits an application for an interior remodel, Staff can identify when the previous
business renewed its Business Tax Receipt and whether or not the building exceeds the time
frame to bring site features, buffers, etc. into compliance. If a single occupancy building submits
a site plan amendment or site improvement plan for review, the evaluation of Sections 4.06.03,
4.06.02 and 9.03.02 will be a component of the review. Likewise, if an applicant applies for a
Business Tax Receipt, they must obtain a Zoning Certificate (which identifies the use is
permitted) and the site will be reviewed for compliance with Sections 4.06.03, 4.06.02 and
9.03.02.
The 1 year time frame is supported by economic data collected by CoStar, a.a. ercial real
estate information company. Collia County's subscription service allows count 'evel data to be
collected. The County's commercial Vacancy, ores indicate the average vacant time period for
a commercial building is 20.4 months. This ig��ncludes ercial properties that range in
size from 200 square feet to 2,200 square feet. Co§ar's data i e that a commercial space
ranging from 200 square feet to 600 squard*et are on the marke een 0 and 3 months and
up to 21 months. COST notes that commercial spaces with 29, square feet are listed on the
market for over 22 months.
The proposed amendment will provide a greater time period for a commercial space to become
occupied ��_`he need for landscaping improvements and other site features to come into
comph s triggered Based on the market figures from Costar, the greatest benefit will be for
new pr owners or f nants of smaller properties. However, commercial properties with over
600 squar will also be granted some.relie£
The graphs, below, illustrate on average how long a commercial building is vacant in the County.
The graphs depict the following:
1.) Time on the Market (Days)
2.) Time on the Market (Months) — by Current Available Square Footage
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Time On Market
soa
450 '.
400
w
mA, 350
y 300 1
c 250
4
a
E 204
c
0
140
E
100
s0 f
7006 2007 2007 .2048 2008 2009 2009 2010 2010 2011 Cur
Q4 Q2 Q4 Q2 Q4 Q2 Q4 Q2 Q4 Q2 4b'
— Median Tone On Market
achy
Eidsft Slags: 602
s spates: 1472
Existing RBA: 16,976,737
Vacant c3,WA,590> 23 *4
Otcupied: 13,012,157 7714
Leased: 13,271,668 7e.
availability
Vacant Avail:
3,634,448
23%
Total Avail::
4,881,098
29%
Direct Avail:
4,517,445
27%
Sublet Avail:
327.818
2%
Average Time:
20.4
Months
leasing activity
Leasing YTD: 493,967 3%
Net Absorp YTD: (433.708) (3 °, j
direct grass rent
ihs uVo# vi repot contain meats! scored b Ldliw Couray Gromh Mmapmm Divaon- 513185.
Time On Mkt - Current avail SF
2,404
.2.240
2.004
1,800 Gk
1.64{
ov 2;400
K
,204
6
9ti0
too
400
G -3 4.6 ',- -G 10 -12 1315 16-18
r4r,Chi Win hin,115 Moth, Nnths Atnths Nnths
Tune on Market for Current Ava,tab(e Space.
72+
Nnths
OdBu range: S8.60341A01yr
Office Avg: S20.70/yr
12ll2011
Occupancy
ExfWQ Sldgs: 602
it Spates: 1472
Existing PJ)A: 16,976,797
Vacant: 3,%4,580> 23%
Occupy: 13,012.157 77%
Leased: 13,2T1,668 78%
availability
Vacant Avail:
3,834,448
23%
Total Avail:
4,881.098
29%
Direst Avail:
4,517,445
270
Sublet Avair.
327,818
2%
Average Time:
20.4
Months
leasing activity
Leasing YTD: 493,967 3%
Net Absorp YTD: (433,708)
direct gross rent
Office singe: S8.5044140/yr
Office Avg: $20.70.1yr
12/112011
oopWV -. ed rcpon Cwirans mearch licensed la 0411- ,County Comb lArup— t Ci sk. - 51318$.
Resource: "Time on the Market," "Time Vacant," "Time on the Market." CoStar Research —
Licensed to Collier County Growth Management Division. www.costar.com Accessed
12/1/2011.
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FISCAL &OPERATIONAL IMPACTS: Fiscal impacts for new property owners may be
significant. An extended timeframe will allow more vacant buildings to become utilized without
having to incur renovation costs.
The fiscal and operational impacts for the County will remain the same. Based on CoStar's
economic figures, it is presumable that Code enforcement will have fewer buildings to monitor
as a reduced number of vacancies will fall into the 1 year time frame.
At the request of the Collier County Planning Commission on May 3, 2012, Staff reached out to
the Naples Area Board of Relators (NABOR) to access if the proposed time frames in the
amendment are adequate. Following a meeting with the President of NABOR, Mr. Poteet on
Monday, June 4, 2012, it was concluded that the 1 year time frame outlined in the amendment is
a sufficient grace period for a business to occupy a vacant building before the requirements to
install site features is necessary.
RELATED CODES OR REGULATIONS:
GROWTH MANAGEMENT PLAN IMPA
OTHER NOTESNERSION DATE:
Prepared by Caroline Cilek, Senior Planner, Land Develop
Edited Dec, 9, 2011; Edited Dec. 13, 2011; . Edited Dec. 19,
Amend the LDC a
4.06.03 Landscapi
Services, October 10, 2011;
May 21, 2012, June 11, 2012
for Vehicular Use Areas and Rights -of -Way
A. Applicability. The provisions of this section shall apply to all new off - street parking or
other vehicle use areas. Existing landscaping which does not comply with the provisions
of this Code shall be brought into conformity to the maximum extent possible when: the
vehicular use area is altered or expanded except for restriping of lots /drives, the building
square footage is changed, or the structure has been vacant for a period of 00days 1
year or more and a request for an occupational license to resume business is made.
These provisions shall apply to all developments with the exception of single - family,
two- family,�,mobile home dwelling unit, public utility ancillary system, and dwellings
on individually platted lots. Any appeal from an administrative determination relating to
these regulations shall be to the board of zoning appeals or equivalent. Prior to issuing
occupancy permits for new construction, implementation and completion of landscaping
requirements in off - street vehicular facilities shall be required. Where a conflict exists
between the strict application on this division and the requirements for the number of off -
street parking spaces or area of off - street loading facilities, the requirements of this
section shall apply.
# # # # # # # # # # # # #
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4.06.02 Buffer Requirements
* * * * * * * * * * * *
A. Applicability of buffer requirements. The buffering and screening shown in table 2.4
below shall be required under this section and shall apply to all new development.
Existing landscaping which does not comply with the provisions of this section shall be
brought into conformity to the maximum extent possible when: the vehicular use area is
altered or expanded (except for restriping of lots /drivesl, the building square footage is
changed, or there has been a discontinuance of use for a period of 1 year 60
enseG tiye days or more and a request for an occupational license to resume business
is made.
9.03.02 Requirements of Continuation of Nonconformities
F. Discontinuance or destruction.
1. If any such nonconforming use ceases f any reason (except where
governmental action impedes access #o the premises] for a period of more than
180 GE)RseGutive 1 near, any;su#s °equent use of`ind shall conform to the
regulations specified by the LD;yfor the district in which such land is located.
2. Notwithstanding the above deflnt ,-ens of discontinuance relative to a
nonconforming use of land or water -or structuf*- .where the use of land, water or
a structure has ceased for a period of rare tf�an�1 near ^i^ ° +., (90) +;.,o
days, and where suc ,j)rjoperty or use is defiicient in the required amount of
paved, striped parking,ricaddtng parking an' to the structure for the
disabled; water management fa%ilities; lands"' , g; and other site improvements
as required in Chapter FWr,of the LDC,rprior to the,recommencement of any use
of land, weter ior, structure,aid deflcierinles as may "apply shall be remedied, to
the gretet extent possible given the physical constraints on the property, via
the appropriate administrative processes found in`Chapter Ten, or as otherwise
required by the
3. When nohbbhforming use status 'applies to a major structure or structures, or to a
,. major structur- or stntetur s and premises in combination, removal or destruction
of the-structure-or structure shall--eliminate the nonconforming status of the land.
"Destruction" of the structure foruposes of this subsection is hereby defined as
damage to the exte "' of more than (50) percent of the replacement cost at
the time of th "estruction.. ,,Upon removal or destruction as set out in this section,
the use of land and structures shall therefore conform to the regulations for the
district in which such land is located.
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LDC Amendment Request
ORIGIN: Growth Management Division, Planning and Regulation
AUTHOR: Ray Bellows, Zoning Manager
DEPARTMENT: Land Development Services
AMENDMENT CYCLE: 2012 Cycle 1
LDC SECTION(S): 5.03.06 Dock Facilities
Revised Change Section 6/13/12
CHANGE: Currently, all boat dock extensions q iewed by thM llier County Planning
Commission. To approve a boat dock extensi P
� Planning Commis" n must find that 4 of 5
primary criteria are met and that 4 of 6 seconda� criteria are met (LDC `§ ection 5.03.06 H).
The proposed amendment would pro de an adman y oval process =�d to single -
family residential boat dock extensiCi be conside ed" bran administrative approval process,
an applicant must meet all of the primary 6W secondary criteria. Criteria that is not applicable
for a single family residential applicant will be considered a criterion that is met. Multi- family
boat dock extensions will remain under the Planning Commission's review.
The subsection identifies two new concepts to the boat dock extension application. First, the
section clarifies boat doq extension length is determined by the farthest protrusion of the facility
into the waterway, inclu ' both the dock and t essel(s). This is distinct from the definition
of dock and dock facility, below. Second, a ants shall identify the envelope of the boat
dock facility and provide the are footage o£ le ha lity.
{.s
All of teria have beevise ,r clarity to make the section more user - friendly. Criteria
that examitt =the same issueuch assite conditions, were combined to create a more
streamlined process. The critert. � ere also .written create a less subjective process. For example,
reasonable deck `,` h shall be idered up to 6 feet. Criteria that are addressed by other
standards or reaula " have b removed.
If an applicant is not eligthe administrative approval process, the applicant may take their
request to Planning Commli on. The Planning Commission would utilize the same criteria and
applicants will need to meet four of the five Primary Criteria and four of the five Secondary
Criteria.
The administrative approval process includes a public notice process. Applicants will be required
to provide property owners within 500 feet of the property information on the boat dock facility,
including: the address of the applicant's property, the total protrusion of the facility, a brief
narrative justifying the extension, a copy of the site plan (in 11 by 17 inch or 8.5 by 11 inch
format); and advise property owners of their right to submit a written objection letter within 30
days of the public notice letter. The list of property owners would come from the latest tax rolls.
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Property owners who received the boat dock extension notice and other aggrieved individuals
may appeal the administrative approval process to the Planning Commission within 30 days of
the approval. Applicants may also appeal the approval, approval with conditions, or denial of the
dock facility extension within 30 days of the administrative decision to the Planning
Commission. Decisions of the Planning Commission can then be appealed to the Board of
Zoning Appeals within 30 days of the Planning Commission's decision.
For reference, the definition of a dock and dock facility are as follows:
Dock: Any structure constructed in or over a waterway for
boat or other watercraft.
Dock facility: Includes walkways, piers,
REASON: Many single - family residential bob
criteria. Analysis by the Planning Commissions;
not necessary for applicants who do meet all of
extension process will likely reduce the time co
thereby reducing the fees incurred h the pplic
seeks to provide a shorter time frame for piatp)
extension reque
additional Staff
riteria. The admi
purpose of mooring a
with the dock.
all of the current
tltant time which is
-boat dock
ve boat dock process also
FISCAL & OPERATIONAL IMPACTS: The fee fpr an adin , inistrative boat dock extension
e,
process would be modified <to appropriately reflect ante xoced Currently, the boat dock
extension fee is $1,5# 4�, p1 slegal advertising fees. I is fif tosed that the administrative fee is
similar to an admini4fiitiye parkin variance fee. .
RELATED CODES OR RkGULATI(?NS: Florida, Building Code, Florida DEP
GROVTII MANAGEMENT PIyAN IMPACT None.
ADVISORY BOARD RECIYIMENDATIONS:
DSAC: The following has ben hangece DSAC approval: 1.) Standardizing the number of
slips permitted `fo single- family sidential 2.) Removing the language regarding barrier islands
is subsection 3.a n, 3O Removal cif subsection 3.2.c; 4.) Addition of "reasonable deck width in
subsection 3.b.i. 5.) No,uhanges :tivere made regarding reorganizing section 5.03.06 I; 6.) word
choice changes.
EAC: Recommended the following additions /clarifications: 1.) Include "boat" in the dock
facility definition; 2.) Amend subsection 3.b.i to read "Reasonable deck width shall be
considered uM to 5 feet "; 3.) Retain and clarify original subsection 3.2.c, to that it establishes a
standard for docks parallel to the waterfront property line. 4.) Including "site conditions" to
subsection 3.a.ii. 4.) Include the term "navigable in the Primary Criteria iii. 5.) Add language to
subsection 5.03.06 H.4 to allow conditions to be placed on the applicant with regards to
neighboring docks and the view shed.
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CCPC 4/13/1.2: Recommended 1.) changing the dock width to "up to 6 feet." 2.) Changing H.1
to read: the sentence "The facility envelope shall identify the maximum square footage of the
dock area. needed to allow for- f+tt r 3.) Changing H.2.a to read "sha11 may be
approved by the Zoning Department provided..." 4.) Adding "water depth is too shallow to
allow launching and mooring of the vessel(s) etc." to H.3.ii.
OTHER NOTESNERSION DATE:
Prepared by Caroline Cilek, Senior Planner, Land Development Services, October 14, 2011;
Edited Friday Nov. 4, 2011; Nov. 7, 2011; Edited December 7, Chris Scott, Senior Planner, Land
Development Services; Edited December 20, Caroline Cilek; Edited December 29, Caroline
Cilek; Edited January 23, Caroline Cilek; Edited February 23, Caroline Cilek; Edited February
28, 2012, Caroline Cilek, May 9,2012, June 13, 2012
Amend the LDC as follows:
Added Language 6/13/12
5.03.06 Dock Facilities
H. Dock facility extension. Additiona
beyond the limits established in SL
appropriate under certain circumsi
facility shall include the farthest pr
establishes the:atocess and criteri
1.
MY
)n of a dock facility into any waterway
5.03.06 E of this Code may be considered
)r..the purposes of this section, the dock
if both the dock and vessel(s). This section
.ovinq dock facil tv extensions. '^ ^moo;
for boat dock facility extensions shall include a
and the conceptual dock lavout. The facilitv
Dock facility extensions for single- family residential uses that satisfy all
Primary and Secondary criteria, as identified in subsection 5.03.06 H.3,
may be angroved by the Zonino Department provided the extension doe
b. Dock facility extensions for single- family residential uses that cannot be
approved administratively, and for multi - family residential uses, may be
approved by the Planning Commission, provided four (4) of the five (5)
Primary Criteria and four (4) of the five (5) Secondary Criteria are
satisfied.
3. Criteria for review of boat dock facility extensions: The following criteria are
established to ensure that extensions will not adversely impact surrounding
properties, navigation, or environmental systems. Criteria that are not applicable
to _a specific request shall be deemed satisfied.
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a. Primary Criteria
No more than 2 slips for single - family
use shots be shall be administratively approved. ne more than -2
Slips; typiGal Slips for multi - family use shall be reviewed by the
Planning Commission and are;;not subaect to the administrative
boat dock extension roces slip per dwelling i init
survey, Is tc
draft is unat
iii. The presen
�reinforceme
he water dept
l shallow that
e to launch or
of one or me
the proposed site, established by a
ssel of general length, type, and
>r at mean low tide (MLT).
ite conditions. includina shoreline
s shall justify the proposed
sed boat dock facility.
iv++ 4The proposed boat dock facility shall not
otrudes oa more than 25 percent of the width of the waterway.;
whether There shall be a minimum of 50% percent of the
width of the waterway width maintained for navigability between
dock facilities on either side of the waterway_ i6 mein + - in�
facility is of ieh that the The facility shall would not obstruct
Interfere w0th the use of neighboring docks. (The faGility should
not Interfere with the use of legally neFmitted neighboring dock �\
_.. _. _ .,yuy Nom,
b. Secondary eCriteria:
\A/hetheF there are menial nnnditinnc not involving water depth
a-�v��cr there , ,
related to the s bjert nrenerty er wateneia y which justify the
0
hrepesed lJimencinnc anrd IGGatien of the proposed dGGk faciility
these may inGlude type of shoreline reinfercernentrshoreline
Genfiguratien mangrove greyAh or seagra s beds)
r i
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i. b. Whether the The proposed dock facility shall be limited to
the minimum dock area and would allow for reasonable and; safe
access to the vessel for loading and /or unloading and routine
maintenance. Reasonable deck width shall be considered up to 6
feet. w0tho ut the use of evneooive deck apea net rlirently related to
+h °ee funntinne (The fanility she ild nE)4 i is a evnee e i ee de Gk area).
ii. s.. For single - family dock facilities, which are not
perpendicular to the waterfront, whether the leegth width
(measured parallel to the shoreline) of the dock facility vessel, E)
vessels in e•nmhination r deonrihed by the petitioner shall not
exceeds 50 percent of the subject property's linear waterfront
footage_ ( The applicable maxi mu ge sheuld be
maintained)
mar
iii. A single- family dock facility that protrudes more than 30 feet into
the waterway shall have an increased side setback of one (1) foot
for every additional foot off shore the dock facilitv orotrudes_
iv. e. The
am
su
of ADDroval: If
criteria identifies
may impose cor
necessary to ac
welfare of the pi
greater side set
reflectors larger
iance with subsection 5.03.06 J
within 200 feet of the aroDosed
,ner shall' demonstrate compliance with
11 if the proposed boat dock facility is
e protection requirements. must be
ary based upon review of the above
3, above, the Planning Commission
mplish the purposes of this Code and protect the safety and
c. Such conditions may include, but shall not be limited to,
ck(s), and provisions of lights(s), additional reflectors, or
an four (4) inches.
arements: ADDlicants of the Administrative Boat Dock
Extension shall notify property owners within 500 feet the property lines of the
Property for Which the request is sought. If the land for which the approval is
sought is part of, or adjacent to, land owned by the same person, the 500 foot
distance shall be measured from the boundaries for the entire ownership or PUD.
However, notices do not need to be mailed to any property owner located more
than a half mile from the subiect property. The names and addresses of the
Property owners shall be those appearing on the latest tax rolls of Collier County
and any other persons or entities who have made a formal request of the County
to be notified. The notice shall be sent within 30 days of the date of submittal of
the application. The notice shall include: (1) the address of the facility; (2) the
total protrusion of the facility; (3) a copy of the site plan (in 11 by 17 inch or 8.5 by
11 inch format); (4) a brief narrative and iustification for such extension: and (5)
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advise property owners of their right to submit a written objection within 30 days
of the date of the letter.
a If a notified property owner submits a written objection to Collier County
within 30 days of the date of the public notice required above, the matter
shall be scheduled for public hearing before the Planning Commission,
unless the letter of objection is withdrawn. The time and place of the
public hearing shall be advertised in a newspaper of general circulation in
the county at least 15 days prior to the public hearings and shall
specifically note the location of the property and the requested boat dock
extension.
6. Appeals.
a Applicants or any aggrieved person may appeal an administrative
decision to the Planning Commission within 30 days of the approval,
2Dr)roval with conditions, or denial of ,the Administrative Boat Dock
extension, in accordance wit
Ordinances. If the applica
Commission shall determine
necessary in light of the criter
b. All decisions of the Planning
may be appealed
date of the Planni
Procedures for approval of dock
1. Procedures for the issuar
boathouses are provide(
2. All dock facilities are su
requirements ana,pe
permits of the DEP,;
Environmental ProtE
3. Nonresidential dock
5.03.06 of this_LDC,
a
;ommission,
ock facilitie
:)f permits fo
to, an
_.uding
e U.S. Army C
ion Agency.
3cilities shall
onresidential i
Jministratively
ent plan reviE
of this LDC.
Jon 250 -,58 of the Code of Laws and
peals the conditions the Planning
er the condition(s) are reasonable and
forth in this section.
ission rendered under this section
)nina Aaoeals within 30 days of the
5, and boathouses.
docks, dock facilities, and
�ative Code. Chapter 10 of th s ! DC.
II comply with, all federal and state
lot limited, to the requirements and
of Engineers, and the U.S.
be subject to all of the provisions of section
lock facilities beyond the specified limits
by the County Manager or designee at the
,w. based on an evaluation of the Grote~
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LDC Amendment Request
ORIGIN: Growth Management Division, Planning and Regulation
AUTHOR: Ray Bellows, Zoning Manager
DEPARTMENT: Land Development Services
AMENDMENT CYCLE: 2012 Cycle 1
LDC SECTION(S): 5.03.06 Dock Facilities
Revised Change Section 6/20/12
CHANGE: Currently, all boat dock extensions are reviewed by the Collier County Planning
Commission. To approve a boat dock extension, the Planning Commission must find that 4 of 5
primary criteria are met and that 4 of 6 secondary criteria are met (LDC subsection 5.03.06 H).
The proposed amendment would provide an administrative approval process limited to single -
family residential boat dock extensions. To be considered for an administrative approval process,
an applicant must meet all of the primary and secondary criteria. Criteria that is not applicable
for a single family residential applicant will be considered a criterion that is met. Multi- family
boat dock extensions will remain under the Planning Commission's review.
The subsection identifies two new concepts to the boat dock extension application. First, the
section clarifies boat dock extension length is determined by the farthest protrusion of the facility
into the waterway, including both the dock and the vessel(s). This is distinct from the definition
of dock and dock facility, 'noted below. Second, applicants shall identify the envelope of the boat
dock facility and provide the square footage of the facility.
All of the criteria have been revised for clarity to make the section more user - friendly. Criteria
that examined the same issues, such as site conditions, were combined to create a more
streamlined process. The criteria were also written create a less subjective process. For example,
reasonable deck width shall be considered up to 6 feet. Criteria that are addressed by other
standards or regulations have been removed.
If an applicant is not eligible for the administrative approval process, the applicant may take their
request to Planning Commission. The Planning Commission would utilize the same criteria and
applicants will need to meet four of the five Primary Criteria and four of the five Secondary
Criteria.
The administrative approval process includes a public notice process. Applicants will be required
to provide property owners within 500 feet of the property information on the boat dock facility,
including: the address of the applicant's property, the total protrusion of the facility, a brief
narrative justifying the extension, a copy of the site plan (in 11 by 17 inch or 8.5 by 11 inch
format); and advise property owners of their right to submit a written objection letter within 30
days of the public notice letter. The list of property owners would come from the latest tax rolls.
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Property owners who received the boat dock extension notice and other aggrieved individuals
may appeal the administrative approval process to the Planning Commission within 30 days of
the approval. Applicants may also appeal the approval, approval with conditions, or denial of the
dock facility extension within 30 days of the administrative decision to the Planning
Commission. Decisions of the Planning Commission can then be appealed to the Board of
Zoning Appeals within 30 days of the Planning Commission's decision.
For reference, the definition of a dock and dock facility are as follows:
Dock: Any structure constructed in or over a waterway for the primary purpose of mooring a
boat or other watercraft.
Dock facility: Includes walkways, piers, boathouses and pilings associated with the dock.
REASON: Many single - family residential boat dock extension requests meet all of the current
criteria. Analysis by the Planning Commission adds additional Staff and consultant time which is
not necessary for applicants who do meet all of the criteria. The administrative boat dock
extension process will likely reduce the time commitments of consultants and the County,
thereby reducing the fees incurred by the applicant. The administrative boat dock process also
seeks to provide a shorter time frame for approval.
FISCAL & OPERATIONAL IMPACTS: The fee for an administrative boat dock extension
process would be modified to appropriately reflect the procedure. Currently, the boat dock
extension fee is $1,500 (plus legal advertising fees). It is proposed that the administrative fee is
similar to an administrative parking variance fee.
RELATED CODES OR REGULATIONS: Florida Building Code, Florida DEP
GROWTH MANAGEMENT PLAN IMPACT: None.
ADVISORY BOARD RECOMMENDATIONS:
DSAC: The following has been changed since DSAC approval: 1.) Standardizing the number of
slips permitted for single- family residential 2.) Removing the language regarding barrier islands
is subsection 3.a.ii 3.) Removal of subsection 3.2.c; 4.) Addition of "reasonable deck width in
subsection 3.b.i. 5.) No changes were made regarding reorganizing section 5.03.06 I; 6.) word
choice changes.
EAC: Recommended the following additions /clarifications: 1.) Include "boat" in the dock
facility definition; 2.) Amend subsection 3.b.i to read "Reasonable deck width shall be
considered" to 5 feet "; 3.) Retain and clarify original subsection 3.2.c, to that it establishes a
standard for docks parallel to the waterfront property line. 4.) Including "site conditions" to
subsection 3.a.ii. 4.) Include the term "navigable in the Primary Criteria iii. 5.) Add iaiiguage to
subsection 5.03.06 HA to allow conditions to be placed on the applicant with regards to
neighboring docks and the view shed.
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CCPC 4/13/12: Recommended 1.) changing the dock width to "up to 6 feet." 2.) Changing H.1
to read: the sentence "The facility envelope shall identify the maximum square footage of the
dock area_.ieeded to allow f f,tiir -e ° n." 3.) Changing H.2.a to read " shall may be
approved by the Zoning Department provided..." 4.) Adding "water depth is too shallow to
allow launching and mooring of the vessel(s) etc." to H.3.ii.
OTHER NOTESNERSION DATE:
Prepared by Caroline Cilek, Senior Planner, Land Development Services, October 14, 2011;
Edited Friday Nov. 4, 2011; Nov. 7, 2011; Edited December 7, Chris Scott, Senior Planner, Land
Development Services; Edited December 20, Caroline Cilek; Edited December 29, Caroline
Cilek; Edited January 23, Caroline Cilek; Edited February 23, Caroline Cilek; Edited February
28, 2012, Caroline Cilek, May 9,2012, June 13, 2012, June 20, 2012
Amend the LDC as follows:
Added Language 6/20/12
1 5.03.06 Dock Facilities
2
3 H. Dock facility extension. Additional protrusion of a dock facility into any waterway
4 beyond the limits established in subsection 5.03.06 E of this Code may be considered
5 appropriate under certain circumstances. For the purposes of this section, the dock
6 facility shall include the farthest protrusion of both the dock and vessel(s). This section
7 establishes the process and criteria for approving dock facilitv extensions. VF
In erTrrder fe
8 the Planning Commission to appFeve the beat deGk extension request, it must be
9 deteFmined that at least 4-o# the F rimaFy ariterin and at lone it of the 6 se Gendar,.
10 r
Gi+�,t T;,"ave been -Feet. These criteria ,
11 1. Plan Requirements: Requests for boat dock facility extensions shall include a
12 plan that illustrates the facility and the conceptual dock layout. The facility
13 envelope shall identify the maximum square footage of the dock area.
14 2. Approval Process: All boat dock facility extensions shall meet the procedures
15 established in subsection 5.03.06 I, and shall be approved as follows:
16 a. Dock facility extensions for single - family residential uses that satisfy all
17 Primary and Secondary criteria, as identified in subsection 5.03.06 H.3
18 may be approved by the Zoning Department provided the extension does
19 not protrude more than 40 additional feet (60 feet in total length) into the
20 waterway and provided a written obiection is not received as provided in
21 subsection 5.03.06 H.5.
22 b. facility extensions for single - family residential uses that cannot be
23 approved administratively, and for multi - family residential uses may be
24 approved by the Planning Commission, provided four (4) of the five (5)
25 Primary Criteria and four (4) of the five (5) Secondary Criteria are
26 satisfied.
27 3. Criteria for review of boat dock facility extensions: The following criteria are
28 established to ensure that extensions will not adversely impact surrounding
29 properties, navigation, or environmental systems. Criteria that are not applicable
30 to a specific request shall be deemed satisfied.
31
32
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1
a. Primary Criteria:
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i.
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haFrier is I.ruarids, h re 3.ess6e ls the meaRs -e
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_aFe N.'maFy
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No more than 2 slips for single - family
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use s#euld -be shall be administratively approved n^ mare +hr F 7
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slips typical Slips for multi - family use shall be reviewed by the
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Planning Commission and are not subject to the administrative
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boat dock extension process. Shedd be 1 slip peF dwelling unit
:-
;
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Il. b Whether the + depth at the pF d h- •+ II
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that ri�,c r ^rc �^r orf r th .— geier a - ( � grh type, d draft that
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,
desGribed in the n +i +ierier's ppli^ +'nn icy ,F, hl^ + I 4-.
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meet: at mean lew tide (MLT). (The petitioner's app!iE;atiE)n aRtdr
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supley sheuld establish that the water depth us tee shallow tG
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allo,dy la URGhinn Rd mn rinn f the vessel( s) de r'h d without an
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extension). The water depth at the proposed site, established by a
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survey, is too shallow that a vessel of general length, type, and
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draft is unable to launch or moor at mean low tide (MLT).
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iii. The presence of one or more site conditions including shoreline
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reinforcement, mangrove growth seagrass beds site
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configuration or property /riparian lines shall justify the proposed
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dimensions and location of the proposed boat dock facility.
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G. the prepesed dock faGility may have an adverse impaGt
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f.harted n
navigable Ghannel thus impeding vessel 1 ff' the
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GhanRel).
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iv4. d. `A/he The proposed boat dock facility shall not
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protrudes Re more than 25 percent of the width of the waterway., -
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and whetheF There shall be a minimum of 50% percent of the
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width of the waterway width maintained for navigability between
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dock facilities on either side of the waterway_ is maintainer! foF
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Perken +,,).
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+v. e. VVhetheF the pFeposed leGatien and design ef the dock
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fnoilit„ is suunh that the The facility shall would not obstruct
pee... J v, , n-- ruc- -creme.
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i^teFfeFe wit" the use of neighboring docks. /The facility -
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b. 2— Secondary eCriteria:
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a. Whethet: there are SpeGial GGnditiE)Rs, Rot iRvalviRg water depth,
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related to the subjeGt ffepePty GF +
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-
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these emay iRGlude type of shoreline
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Pei;f e moments"oreline
onnf TtiGR, aggreye gre lh, or seagFass beds)
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i. b. Whefl%F44L-The proposed dock facility shall be limited to
the minimum dock area and weuld allow for reasonable and; safe
access to the vessel for loading and /or unloading and routine
maintenance. Reasonable deck width shall be considered up to 6
feet. without the use of excessive rdeGk area not directly related to
fi1F?F2fi lni^fl=;. The facili ty shnl llyd not use excesvi,Yre deCli urea)
ii. G. For single - family dock facilities whether the'
configuration of the dock facility (vessel(s) and dock) that is
parallel to the shoreline vessel, er vessels in cemhinatien'
described by the netitieRer shall not exceeds 50 percent of the
subject property's linear waterfront footage_. (The annlicable
e shel lld be maintained).
iii. A single - family dock facility that protrudes more than 40 feet into
the waterway shall have an increased setback from the riparian
line of one (1) foot for every additional foot off shore the dock
facility protrudes.
rd VVhe }her the- pmposerd facility would have a rnaier lmnact
U. YYI,V I „VI 111V. pm posed IUVillip�
en the wU}erfreRt view of neiahherinn uyate Ffrent nrenerty a ners
(The facility sheul d net have a maier irnpaGt'on the view of
neiehbOF;Rg nrenerhi ewner\
iv. 8.The petitioner shall demonstrate Whether seagrass bends
M r,�lnooto rl .e,i}hin 200 font of the ere neserd dock fne'C'ity. (If
... cv�- ccrvrcrr��sry -�vaca- avcr�- rucnT� -�-IT
seagrass beds are presep compliance with subsection 5.03.06 J
H72. if seagrass beds are present within 200 feet of the proposed
boat dock facility. A submerged resource survey (seagrass
survey) shall be required for docks located in natural water bodies
or along shorelines without seawalls, including those adjacent to
riprap, in water depth equal to or less than six feet (measured at
MLW). Surveys should be conducted during the months of June
through August. Shorelines completely within canals or sea - walled
basins shall be excluded from having to perform a submerged
G must he demonstrated).
UrC 8 cB ��rcuc�ruczreFT�- vrrnTUred
V. f Whether the proposed deGk faCility is cl Ibiect to the
manatee pFeteGtien requirements ef subseGtion of this-LDG. (4
appliGable, The petitioner shall demonstrate compliance with
subsection 5.03.06 E.11 if the proposed boat dock facility is
subject to the manatee protection requirements. must be
demens }rated\
4. Conditions of Approval: If deemed necessary based upon review of the above
criteria identified in subsection 5.03.06 H.3, above, the Planning Commission
may impose conditions upon the approval of an extensien req e t that it deem
necessary to accomplish the purposes of this Code and protect the safety and
welfare of the public. Such conditions may include, but shall not be limited to,
greater side setback(s), and provisions of lights(s), additional reflectors, or
reflectors larger than four (4) inches.
5. Public Notice Requirements: Applicants of the Administrative Boat Dock
Extension shall notify property owners within 500 feet the property lines of the
property for which the request is sought. If the land for which the approval is
sought is part of, or adjacent to, land owned by the same person the 500 foot
distance shall be measured from the boundaries for the entire ownership or PUD.
However, notices do not need to be mailed to any property owner located more
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1 than a half mile from the subject property. The names and addresses of the
2 property owners shall be those appearing on the latest tax rolls of Collier County
3 and any other persons or entities who have made a formal request of the County
4 to be notified. The notice shall be sent within 30 days of the date of submittal of
5 the application. The notice shall include: (1) the address of the facility' (2) the
6 total protrusion of the facility: (3) a copy of the site plan (in 11 by 17 inch or 8.5 by
7 11 inch format): (4) a brief narrative and justification for such extension and (5)
8 advise property owners of their right to submit a written obiection within 30 days
9 of the date of the letter.
10 a. If a notified property owner submits a written objection to Collier County
11 within 30 days of the date of the public notice required above the matter
12 shall be scheduled for public hearing before the Planning Commission
13 unless the letter of obiection is withdrawn. The time and place of the
14 public hearing shall be advertised in a newspaper of general circulation in
15 the county at least 15 days prior to the public hearings and shall
16 specifically note the location of the property and the requested boat dock
17 extension.
18 6. Appeals.
19 a. Applicants or any aggrieved person may appeal an administrative
20 decision to the Planning Commission within 30 days of the approval
21 approval with conditions, or denial of the Administrative Boat Dock
22 extension, in accordance with section 250 -58 of the Code of Laws and
23 Ordinances. If the applicant appeals the conditions the Planning
24 Commission shall determine whether the condition(s) are reasonable and
25 necessary in light of the criteria set forth in this section.
26 b. All decisions of the Planning Commission rendered under this section
27 may be appealed to the Board of Zoning Appeals within 30 days of the
28 date of the Planning Commission's decision.
29 I. Procedures for approval of docks, dock facilities, and boathouses.
30 1. Procedures for the issuance of permits for docks, dock facilities, and
31 boathouses are provided in the Administrative Code. Chaptel: 10 Gf this LQG.
32 2. All dock facilities are subject to, and shall comply with, all federal and state
33 requirements and permits, including, but not limited, to the requirements and
34 permits of the DEP, the U.S. Army Corps of Engineers, and the U.S.
35 Environmental Protection Agency.
36 3. Nonresidential dock facilities shall be subject to all of the provisions of section
37 5.03.06 of this LDC, nonresidential dock facilities beyond the specified limits
38 shall be determined administratively by the County Manager or designee at the
39 time of site development plan review, based on an evaluation of the GFite, "a i 1
40 subsection 5.03.06(G) of this LDC.
41 # # # # # # # # # # # # #
42 For ease of reading:
43
44 H. Dock facility extension. Additional protrusion of a dock facility into any waterway
45 beyond the limits established in subsection 5.03.06 E of this Code may be considered
46 appropriate under certain circumstances. For the purposes of this section, the dock
47 facility shall include the farthest protrusion of both the dock and vessel(s). This section
48 establishes the process and criteria for approving dock facility extensions.
49 1. Plan Requirements: Requests for boat dock facility extensions shall include a
50 plan that illustrates the facility and the conceptual dock layout. The facility
51 envelope shall identify the maximum square footage of the dock area.
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2. Approval Process: All boat dock facility extensions shall meet the procedures
established in subsection 5.03.06 I, and shall be approved as follows:
a. Dock facility extensions for single - family residential uses that satisfy all
Primary and Secondary criteria, as identified in subsection 5.03.06 H.3,
may be approved by the Zoning Department provided the extension does
not protrude more than 40 additional feet (60 feet in total length) into the
waterway and provided a written objection is not received as provided in
subsection 5.03.06 H.5.
b. Dock facility extensions for single - family residential uses that cannot be
approved administratively, and for multi - family residential uses, may be
approved by the Planning Commission, provided four (4) of the five (5)
Primary Criteria and four (4) of the five (5) Secondary Criteria are
satisfied.
3. Criteria for review of boat dock facility extensions: The following criteria are
established to ensure that extensions will not adversely impact surrounding
properties, navigation, or environmental systems. Criteria that are not applicable
to a specific request shall be deemed satisfied.
a. Primary Criteria:
i. No more than 2 slips for single - family use shall be administratively
approved. Slips for multi - family use shall be reviewed by the
Planning Commission and are not subject to the administrative
boat dock extension process.
ii. The water depth at the proposed site, established by a survey, is
too shallow that a vessel of general length, type, and draft is
unable to launch or moor at mean low tide (MLT).
iii. The presence of one or more site conditions, including shoreline
reinforcement, mangrove growth, seagrass beds, site
configuration or property /riparian lines shall justify the proposed
dimensions and location of the proposed boat dock facility.
iv. The proposed boat dock facility shall not protrude more than 25
percent of the width of the waterway. There shall be a minimum of
50 percent of the width' of the waterway maintained for navigability
between dock facilities on either side of the waterway.
V. The facility shall not obstruct the use of neighboring docks.
b. Secondary Criteria:
i. The proposed dock facility shall be limited to the minimum dock
area and allow for reasonable and safe access to the vessel for
loading and /or unloading and routine maintenance. Reasonable
deck width shall be considered up to 6 feet.
ii. For single - family dock facilities the configuration of the dock
facility (vessel(s) and dock) that is parallel to the shoreline, shall
not exceed 50 percent of the subject property's linear waterfront
footage.
iii. A single - family dock facility that protrudes more than 40 feet into
the waterway shall have an increased setback from the riparian
line of one (1) foot for every additional foot off shore the dock
facility protrudes.
iv. The petitioner shall demonstrate compliance with subsection
5.03.06 J. if seagrass beds are present within 200 feet of the
proposed boat dock facility. Ali
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1 water bodies or along shorelines without seawalls, including thos
2 adjacent to riprap, in water depth equal to or less than six feet
3 (measured at MLW). Surveys should be conducted during the
4 months of June through August. Shorelines completely within
5 canals or sea- walled basins shall be excluded from having to
6 Qerfgrm _sum -. rs� survey,
7 V. The petitioner shall demonstrate compliance with subsection
8 5.03.06 EA 1 if the proposed boat dock facility is subject to the
9 manatee protection requirements.
10 4. Conditions of Approval: If deemed necessary based upon review of the criteria
11 identified in subsection 5.03.06 H.3, above, the Planning Commission may
12 impose conditions necessary to accomplish the purposes of this Code and
13 protect the safety and welfare of the public. Such conditions may include, but
14 shall not be limited to, greater side setback(s), and provisions of lights(s),
15 additional reflectors, or reflectors larger than four (4) inches.
16 5. Public Notice Requirements: Applicants of the Administrative Boat Dock
17 Extension shall notify property owners within 500 feet the property lines of the
18 property for which the request is sought. If the land for which the approval is
19 sought is part of, or adjacent to, land owned by the same person, the 500 foot
20 distance shall be measured from the boundaries for the entire ownership or PUD.
21 However, notices do not need to be mailed to any property owner located more
22 than a half mile from the subject property. The names and addresses of the
23 property owners shall be those appearing on the latest tax rolls of Collier County
24 and any other persons or entities who have made a formal request of the County
25 to be notified. The notice shall be sent within 30 days of the date of submittal of
26 the application. The notice shall include: (1) the address of the facility; (2) the
27 total protrusion of the facility; (3) a copy of the site plan (in 11 by 17 inch or 8.5 by
28 11 inch format); (4) a brief narrative and justification for such extension; and (5)
29 advise property owners of their right to submit a written objection within 30 days
30 of the date of the letter.
31 a. If a notified property owner submits a written objection to Collier County
32 within 30 days of the date of the public notice required above, the matter
33 shall be scheduled for public hearing before the Planning Commission,
34 unless the letter of objection is withdrawn. The time and place of the
35 public hearing shall be advertised in a newspaper of general circulation in
36 the county at least 15 days prior to the public hearings and shall
37 specifically note the location of the property and the requested boat dock
38 extension.
39 6. Appeals.
40 a. Applicants or any aggrieved person may appeal an administrative
41 decision to the Planning Commission within 30 days of the approval,
42 approval with conditions, or denial of the Administrative Boat Dock
43 extension, in accordance with section 250 -58 of the Code of Laws and
44 Ordinances. If the applicant appeals the conditions, the Planning
45 Commission shall determine whether the condition(s) are reasonable and
46 necessary in light of the criteria set forth in this section.
47 b. All decisions of the Planning Commission rendered :finder this section
48 may be appealed to the Board of Zoning Appeals within 30 days of the
49 date of the Planning Commission's decision.
50 I. Procedures for approval of docks, dock facilities, and boathouses.
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1. Procedures for the issuance of permits for docks, dock facilities, and
boathouses are provided in the Administrative Code.
2. All dock facilities are subject to, and shall comply with, all federal and state
requirements and permits, including, but not limited, to the requirements and
permits of the DEP, the U.S. Army Corps of Engineers, and the U.S.
Environmental Protection Agency.
3. Nonresidential dock facilities shall be subject to all of the provisions of section
5.03.06 of this LDC, nonresidential dock facilities beyond the specified limits
shall be determined administratively by the County Manager or designee at the
time of site development plan review, based on subsection 5.03.06(G) of this
LDC.
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LDC Amendment Request
ORIGIN: Board of County Commissioners
AUTHOR: Nick Casalanguida, Deputy Administrator
DEPARTMENT: Growth Management Division
AMENDMENT CYCLE: 2012 Cycle 1
LDC SECTION(S): 10.02.13 Planned Unit Development (PUD) Procedures
CHANGE: LDC outlines procedures for substantial and insubstantial changes to a Planned Unit
Development (PUD) in subsection 10.02.13 E. This amendment proposes to add a minor change
provision which authorizes the County Manager or designee to make a text change to remove an
affordable housing monetary contribution requirement within a PUD Ordinance, Development
Agreement, or Settlement Agreement. The procedure would be an administrative approval
process with public notice requirement. If a notified property owner submits a letter of objection
to the minor change, the text change would be reviewed by the Collier County Planning
Cormnission.
Reformatting and correction of citation errors.
REASON: The Board of County Commissioners has requested a method for PUDs to be able to
remove affordable housing monetary contribution requirements within a PUD Ordinance,
Development Agreement, or Settlement Agreement.
FISCAL & OPERATIONAL IMPACTS: Staff has not identified any fiscal or operational
impacts to the County.
RELATED CODES OR REGULATIONS: None.
GROWTH MANAGEMENT PLAN IMPACT:
OTHER NOTESNERSION DATE:
March 6, 2012; March 29, 2012; May 29, 2012, June 19, 2012
Amend the LDC as follows:
Revised text 6/19/12
1 10.02.13 Planned Unit Development (PUD) Procedures
2
3 E. Changes and amendments. There are three types of changes to a PUD Ordinance:
4 Substantial. Insubstantial, and Minor. Language changes to a previously approved PUD
5 document shall require the same procedure as for amending the official zoning atlas
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1 except for the removal of a commitment for payment towards affordable housing which is
2 considered to be a minor change as described in Section 10.02.13 E.6.c.
3 1. Substantial ips h tape changes. Any substantial change(s) to an approved
4 PUD Ordinance shall require the review and recommendation of the Planning
5 Commission and approval by the Board of County Commissioners as a PUD
6 amendment prior to implementation. Applicants shall be required to submit and
7 process a new application complete with pertinent supporting data, as set forth in
8 sections 10.02.1342 A. and B. /1n„ insubstantial nhange(s) to an approved PUD
9 master plan shall require approval by the Planning Commission. For the purpose
10 of this section, a substantial change shall be deemed to exist where:
11 a. There is a proposed change in the boundary of the PUD; or
12 b. There is a proposed increase in the total number of dwelling units or
13 intensity of land use or height of buildings within the development;
14 C. There is a proposed decrease in preservation, conservation, recreation or
15 open space areas within the development not to exceed 5 percent of
16 the total acreage previously designated as such, or 5 acres in area;
17 d. There is a proposed increase in the size of areas used for nonresidential
18 uses, to include institutional, commercial and industrial land uses
19 (excluding preservation, conservation or open spaces), or a proposed
20 relocation of nonresidential land uses;
21 e. There is a substantial increase in the impacts of the development which
22 may include, but are not limited to, increases in traffic generation;
23 changes in traffic circulation; or impacts on other public facilities;
24 f. The change will result in land use activities that generate a higher level of
25 vehicular traffic based upon the Trip Generation Manual published by the
26 Institute of Transportation Engineers;
27 g. The change will result in a requirement for increased stormwater
28 retention, or will otherwise increase stormwater discharges;
29 h. The change will bring about a relationship to an abutting land use that
30 would be incompatible with an adjacent land use;
31 i. Any modification to the PUD master plan or PUD document or
32 amendment to a PUD ordinance which is inconsistent with the future land
33 use element or other element of the growth management plan or which
34 modification would increase the density or intensity of the permitted land
35 uses;
36 j. The proposed change is to a PUD district designated as a development
37 of regional impact (DRI) and approved pursuant to F.S. § 380.06, where
38 such change requires a determination and public hearing by Collier
39 County pursuant to F.S. § 380.06(19). Any change that meets the
40 criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI /PUD master
41 plan that clearly do not create a substantial deviation shall be reviewed
42 and approved by Collier County under this section 10.02.13 of this Code;
43 or
44 k. Any modification in the PUD master plan or PUD document or
45 amendment to a PUD ordinance which impact(s) any consideration
46 deemed to be a substantial modification as described under this section
47 i 0.02.13
48 2 oroGedur^ fnr c Hbsta ti 4psuhsta„t a Insubstantial change determination. An
49 insubstantial change includes any change that is not considered a substantial or
50 minor change. AR insUhs}antial c -hanno ran liras nnnrrn inl her the Dlnnninn
51 hnmmiSSinn. Anv insubstantial chanae(s) to an approved PUD Ordinance based
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1 upon an evaluation of subsection 10.02.13 E.1 shall require the review and
2 approval of the Planning Commission based on the findings and criteria used for
3 original applications as an action taken at a regularly scheduled meeting.
4 a. The applicant shall provide the Planning Services Department Director
5 documentation which adequately describes the proposed changes along
6 with the appropriate review fee prior to review by the Planning
7 Commission. The PUD master plan map shall show all data normally
8 required for submittal of a PUD master plan unless it is otherwise
9 determined not to be necessary, describing the proposed changes in:
10 land use; densities; infrastructure; open space, preservation or
11 conservation areas; area of building square footage proposed for
12 nonresidential development; change in potential intensity of land use and
13 related automobile trip movements, and relationships to abutting land
14 uses. In addition, the applicant, for evaluation of PUD master plan
15 revisions, shall provide a detailed written narrative describing all of the
16 change(s) and the reasons for the request. Upon receipt of the amended
17 PUD master plan, the Planning Services Department Director shall review
18 said plan against criteria established within section 10.02.134 E.1 above
19 and may forward the plan to any other agency, division or authority
20 deemed necessary for review and comment.
21 3. SubstantiOl Ghanges prOGedums. Changes, as identified OR SeetiOn 10.02.-
22 E.1, shall be GensideFed substantial ehanges to the appFeVed PUD
23 and the applicant shall be FequiiFed te submit and precess a ReW a,
24 GE)Fnple +e with pertinent s, ppeFting data, as set forth in sec tions 1 n 02 131 `i A.
25 and B.
26 4.
27 PUD Ord4nanGe based upen R evaluation of subseGtiep Tr10.02.13 2 EA shall
28 reg,,ire the review and approval of the DlaRRing GGmrnission based nn the
29 findings and cri teria used fer original applica tions as an ac +inn taken at a
30 regularly scheduled meeting.
31 5. Language changes Language changes to a previously approved PUD deGurneR
32
33
34 is conso dered to he a miner change as described in Sec +inn 10 02 1`.2 C —.6.E;.
35 3.6- Minor changes not othetivise previded4aF The following are considered minor
36 changes, and may be approved by the County Manager or his designee under
37 the procedures established in this section. it shall he , ,nders +ear! that, while a
38
39
40 with adjaGent land uses, MiReF Ghanges may beGome Reoessary during the
41 subdivision or site development plan reyi- processes
42 -7-. a. Educational and ancillary plants exception. When a PUD is amended
43 for the sole purpose of adding an Educational and /or ancillary plant,
44 that PUD will not be subject to the review process outlined in section
45 10.02.13 E.1. The review conducted will be limited to the impacts that
46 the Educational or ancillary plant will have on the surrounding uses.
47 6- b. The County Manager or his designee shall also be authorized to allow
48 minor changes to the PUD master plan during its subdivision
49 improvements plan or site development plan process to accommodate
50 topography, vegetation and other site conditions not identified or
51 accounted for during its original submittal and review and when said
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changes have been determined to be compatible with adjacent land
uses, have no impacts external to the site, existing or proposed, and is
otherwise consistent with the provisions of this code and the growth
management plan. Such changes shall include:
a-. i. Internal realignment of rights -of -way, including a relocation of
access points to the PUD itself, where no water management
facility, conservation /preservation areas, or required easements
are affected or otherwise provided for.
b- ii. Relocation of building envelopes when there is no encroachment
upon required conservation or preservation areas.
E iii. Relocation of swimming pools, clubhouses, or other recreation
facilities when such relocation will not affect adjacent properties
or land uses.
d- iv. Relocation or reconfiguration of lakes, ponds, or other water
facilities subject to the submittal of revised water management
plans, or approval of the EAC where applicable.
Minor changes of the type described above shall nevertheless be
reviewed by appropriate staff to ensure that said changes are otherwise
in compliance with all county ordinances and regulations prior to the
Planning Services Department Director's consideration for approval.
C. Affordable housing commitments. Beginning (effective date of Ordinancel,
the County Manager or his designee shall be authorized to make minor
text changes to remove affordable housing commitments to pay an
affordable housing contribution in PUDs Development Agreements and
Settlement Agreements if the following conditions are met:
i. The applicant notices property owners in writing in accordance
with sections 10.03.05 B.10 or 10.03.05.13.11 as may be
applicable.
ii. If no written obiection is received the request to remove
commitments is deemed approved.
.iii. If a property owner who receives notice submits a written
obiection within 30 days of the mailing of the notice the matter
shall be scheduled for public hearing before the BCC Public
Notice shall comply with Section 10.03.05. B. 13 of the I_DC
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LDC Amendment Request
ORIGIN: Collier Building Industry Association
AUTHOR: Growth Management Division Staff
DEPARTMENT: Transportation Planning, Growth Management Division
AMENDMENT CYCLE: 2012 Cycle 1
LDC SECTION(S): 6.06.01 Street System Requirements
6.06.02 Sidewalks, Bike Lane and Pathway Requirements
CHANGE:
Revised 6/20/12
1.) To remove subsection 6.06.01 K of the LDC that requires a marginal access street be
provided by the developer for a development or subdivision in certain situations.
2.) Subsection 6.06.01 S of the LDC states that the construction of a traffic control device is
subject to county approval. If anew traffic light is desired and if more than one
development or subdivision is involved, then each shall make a "pro -rata contribution for
the installation cost of the traffic" control devices." The proposed amendment would
change the "pro rata" language to "proportionate share" and add language which
identifies the cost would be distributed "as defined by the Traffic Impact Study
Guidelines" (TIS). The payment formula is outlined in the Fair -Share Mitigation
component of the TIS Guidelines (pg. 14).
Subsection 6.06.02 F outlines the design and construction materials for sidewalks, bike
lanes and pathways. The amendment recommends removing the design and construction
specifications and proposes reorganizing the existing sidewalk thickness standards for
clarity and removing the optional standard for a 4 inch thick concrete sidewalk with a
limerock base. All sidewalks shall be designed and constructed in accordance with the
latest edition of the Florida Department of Transportation's (FDOT) Design Standards
and Design Specifications for Road and Bridge Constructed, as amended.
The FDOT Design Standards and Design Specifications for Road and Bridge Constructed
and the corresponding Index provide illustrations of sidewalk cross - sections. These cross -
sections are drawn for inch thick concrete sidewalks but may be utilized for sidewalks
with 6 inch thick concrete.
Subsection 6.06.02 F.3.b provides the general construction standards for asphalt
pathways. The amendment proposes amending the thickness of the stabilized subgrade
(LBR 40) from 12 inches to 6 inches for all pathways.
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REASON:
l.) County Staff considers 6.06.01 K an unnecessary code requirement, and recommends
omission from the LDC. The proposed amendment allows the design of the internally -
owned and privately maintained roads to be at the discretion of the project owner.
2.) The change to subsection 6.06.01 S will clarify the proportionate share language in the
LDC and will better direct both applicants and Staff to use the correct "fair- share"
calculation to determine the proportionate share responsibility expected of a
development that impacts (or causes) any failing vehicular movements.
3.) The reorganization to subsection 6.06.01.F will provide clarity. Removing the optional
standard for a 4 inch thick concrete sidewalk with a limerock base reflects current
practice.
FISCAL & OPERATIONAL IMPACTS:
The County's fiscal and operational impacts include, but are not limited, to the following:
1.) County Staff considers subsection 6.06.01 K an unnecessary code requirement, and
recommends omission from the LDC. Staff has not identified any fiscal or operational
impacts to the County.
2.) The proposed modification of subsection 6.06.01.S seeks to remove the term "pro rata"
and replace it with "proportionate share." This change will assist in the implementation of
the "Fair - Share Mitigation" component in the County's TIS guidelines. Staff has not
identified any fiscal or operational impacts to the County.
3.) The change to subsection 6.06.021 removes the compacted four -inch limerock base
option from the sidewalk specification and retains the "compacted base" option. This
method may reduce the cost of constructing sidewalks. The proposed change to the base
of a pathway may reduce the cost of the construction materials. Staff has not identified
any fiscal and operational impacts to the County.
RELATED CODES OR REGULATIONS: Florida Department of Transportation regulations;
Right -of -Way Permitting and Inspection Handbook; Collier County Access Management Plan,
and the Fair -Share Mitigation section of the Traffic Impact Study (TIS) Guidelines and
Procedures (Resolution 2006 -299).
GROWTH MANAGEMENT PLAN IMPACT: None.
OTHER NOTESNERSION DATE: Prepared by Caroline Cilek, Senior Planner, Land
Development Services, October 14, 2011; Edited December 7, 201, Edited December 20, 2011,
Edited December 29, 2011, Edited January 3, 2012; Edited March 2, 2012; March 5, 2012;
March 22, 2012, May 9, 2012, May 22, 2012, May 25, 2012, June 20, 2012
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Amend the LDC as follows:
Revised language 6/20/12
6.06.01 Street System Requirements
K. Where a subdivision er: development abuts or contains existing limited aGE;ess
highway, freeway, or arterial street, and if access is desired to adjoining property E)
than street connections, a marginal access street tc) afford separation of through and
local traffic may be required by the Geunty Manager or designee
local
S. Traffic control devices shall be provided by the developer when the engineering study
indicates traffic control is justified at any street intersection within the subdivision or
development or where the additional traffic flow results from the proposed subdivision
or development onto any collector or arterial street` Traffic control devices are subject
to County approval. If more than 1 development or subdivision is involved, each shall
be required to make a pro rata proportionate share contribution for the installation cost of
the traffic control devices, as defined by the Traffic Impact Study Guidelines, as may be
amended or superseded. The cost of all required traffic control devices shall be included
in the amount of subdivision performance security furnished for the required
improvements.
6.06.02 Sidewalks, Bike Lane and Pathway Requirements
F. Sidewalk, Bike Lane, and Pathway Design & Construction /Materials. All workmanship
materials, methods of placement, curing, forms, foundation, finishing, etc. shall be in
conformance to the latest edition of FDOT Standard Specifications for Road and Bridge
Construction and FDOT Design Standards.
1. All sidewalks shall be designed and constructed in accordance with the
following. Infect erli +inn of FIDOT's Design Standards. /111 sidewalks shall h°
. All arTarrac
constructed of Portland cement concrete, or paver brick in conformance with the
standard right of way Gross seGtiens Gontained On appendix B On locations illustrated
on an approved site development plan
v, , ui �- c+1..N
a. Concrete sidewalks for roads with a functional classification as an arterial or
collector or that is County maintained shall be a minimum of ^ inches think
with a 28 day compressive strength of 3,000 psi and he constructed over a
compacted four inch timeFO^L base OF a minimum of 6 inches thick of
concrete which may hen pstructed without a limereck base but must he and
constructed over a compacted subgrade;_
b. Concrete sidewalks for non - County maintained roads with a functional
classification as local or with no functional classification (i.e., drive or
accessways) may be constructed of shall be a minimum of 4 inches thick of
sueh concrete and constructed over a compacted subgrade. Expansionis
shall be one half inch performed bituminous conforming to the latest edition
of ASTM. Contraction joints shall be saw out joints with longitudinal spacing
equal� the width of the walk. The saW Gut epth shall equal OF exceed one
forth the concrete thickness
C. Paver brick, sidewalks, —or paver brick accents in sidewalks must be
installed over a 4 -inch thick, compacted limerock base and sand cushion per
manufacture specifications, except as otherwise allowed above for sidewalks.
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1 All VYVI krnanshin materialo methods of nlaee en} f fn rd n t'
li)
2 finishing, etG. shall be in Genfermance to the latest edition ef FDOT Standard
3 Speaifiaatiens far Rear) and Bridge Gen }runt' .
4 2. All bike lanes shall be designed and constructed in accordance with the most
5 current "Florida Bicycle Facilities Design Standards and Guidelines" or the
6 "Manual of Uniform Minimum Standards for Design, Construction and
7 Maintenance for Streets and Highways" (commonly known as the "Florida
8 Greenbook ") requirements.
9 3. All pathways shall be designed in accordance with the most current FDOT
10 Bicycle Facilities Planning and Design Handbook as it pertains to shared use
11 pathways. Below are the preferred standards for pathway construction;
12 however, if the applicant can demonstrate that a lesser cross - section will meet
13 the requirements of the County, then upon the approval of the County Manager,
14 or designee, it may be permitted. Pathways may be constructed of the following
15 types of materials:
16 a. Concrete - County maintained pathways shall be constructed of a
17 minimum of 6 inches of Portland cement concrete over a compacted
18 subgrade. Pathways on non- County maintained roads with a functional
19 classification as local or with no functional classification shall be
20 constructed of a minimum of 4 inches of Portland cement concrete over a
21 compacted subgrade. All " °thI &In S GORStr) )e }erd of Portland omen}
22
23 GeRStri rater) ei�}hn) it I' �rvv� .hiuv° vu} mi } be enstr atedl over
24 )jTnnJshall he ene half in f�Ted
Er�pa�ted- sf�de:- €��a�- s+e�;, �
25
26 shall be saVV a) )t ieiRtS with Inn itu dinal spa 'ng equal t the width of the
27 pathway. T'trte saw Gut depth shall equal er eveeerd 14 the an rete
P �` ° � � � w,nvc�c...
28 thiGkRess AGE - workman n materials, of laeernen+ e) trine
crn�- r<r-r�ss y; �- n- ra- crrran��rr�nTVCr�- vi- pruccn-rcnt� tarn -rc�,
29 #ermc�nendation, finishing, eta shall he in aR to the latest
30
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32 b. Asphalt - All pathways constructed of asphalt shall contain a minimum of
33 -1-2 6 inches stabilized subgrade (LBR 40), 6 inches compacted lime -rock
34 base, and 1.5 inches Type S -III asphaltic concrete, unless an alternate
35 cross- section is otherwise determined to be acceptable by the County
36 Manager, or designee.
37 # # # # # # # # # # # # #
4
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LDC Amendment Request
ORIGIN: Collier Building Industry Association (CBIA)
AUTHOR: Stephen Lenberger, Senior Environmental Specialist; Caroline Cilek, Senior
Planner; Fred Reischl, Senior Plamler
DEPARTMENT: Land Development Services
AMENDMENT CYCLE: 2012 Cycle 1
LDC SECTION(S): 3.05.07 Preservation Standards
CHANGE: Allow removal of exotic vegetation to count towards mitigation for impacts to
jurisdictional wetlands within the Rural Fringe Mixed Use District (RFMUD).
Per the request of the Planning Connnission (CCPC), allow removal of exotic vegetation to
count towards mitigation for secondary impacts (not dredge and fill) to jurisdictional wetlands
within the Rural Fringe Mixed Use District (RFMUD) when the mitigation is reconciled with the
State and Federal Pen-nits for the project.
Correct formatting to identify criteria which only apply to the RFMUD.
Amend and correct section references.
REASON: The LDC treats the removal of exotic vegetation as mitigation differently in each of
the three major areas of the County.
1) In the Urban Area, wetland mitigation required by state and federal jurisdictional agencies,
including exotic vegetation removal is deemed to meet the objective of protection and
conservation of wetlands and the natural functions of wetlands, and therefore counted as
mitigation for impacts to wetlands.
2) In the Rural Fringe Mixed Use District (RFMUD), removal of exotic vegetation is not allowed
by the County to be counted as mitigation for impacts to wetlands.
3) In the Rural Lands Stewardship Area (RLSA), as within the Urban Area, mitigation for
wetland impacts is deferred to the state and federal jurisdictional agencies, and removal of exotic
vegetation is counted as mitigation for impacts to wetlands.
The LDC requires exotic vegetation removal for developments. The LDC, however, does not
allow removal of exotic vegetation to count towards mitigation for impacts to wetlands in the
Rural Fridge Mixed Use District (RFMUD). By requiring removal of exotic vegetation, but not
counting that removal as mitigation, the County may exceed the mitigation required by other
agencies with jurisdiction over wetlands, and it may create an unequal burden on property
owners within the Rural Fringe Mixed Use District.
Correct formatting for consistency with Conservation and Coastal Management Element
(CCME) Policy 6.2.5.
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FISCAL & OPERATIONAL IMPACTS: The current LDC language can make a
development more expensive for a developer. If the required vegetation removal is provided in ^
addition to the mitigation required by other agencies, there is an additional fiscal impact to a
developer. Fiscal and operational impacts for the County include administering the mitigation
program. As the County does not currently have a wetlands permitting program, evaluation of
the State's wetland permitting criteria would have to take place along with consideration on how
to implement the additional requirement. Since final development orders (SDP, PPL, etc.) have
not been issued for development in the RFMUD, since the adoption of this requirement, a
program would have to be developed along with training for staff to implement the program.
Initial thoughts on implementing the requirement, make it necessary for submission of two
separate sets of State Unified Wetland Mitigation Assessment Method (UMAM) scores, one with
the use of exotic vegetation removal as credit ( "lift ") for wetland impacts and the other without.
Mitigation for loss of wetland function would then have to be evaluated based on the UMAM
scores provided.
RELATED CODES OR REGULATIONS: None.
GROWTH MANAGEMENT PLAN IMPACT: Policy 6.2.5 of the GMP, Conservation and
Coastal Management Element (CCME) relays one relevant portion regarding, exotic vegetation
removal as mitigation: "If agency permits have not provided mitigation consistent with this
policy, Collier County will require mitigation exceeding that of the jurisdictional agencies."
However, this language does not necessarily prohibit exotic _vegetation removal to be included as
mitigation.
Policy 6.2.5 of the GMP, Conservation and Coastal Management Element (CCME):
"Within the Rural Fringe Mixed Use District, and that portion of the Lake Trafford/Camp
Keais Strand System which is contained within the Immokalee Urban Designated Area,
Collier County shall direct land uses away from higher functioning wetlands by limiting
direct impacts within wetlands based upon the vegetation requirements of Policy 6.1.2 of
this element, the wetland functionality assessment described in paragraph (2) below, and
the final permitting requirements of the South Florida Water Management District. A
direct impact is hereby defined as the dredging or filling of a wetland or adversely
changing the hydroperiod of a wetland. This policy shall be implemented as follows:"
Policy 6.2.5(6) of the GMP, CCME states:
"(6) Mitigation shall be required for direct impacts to wetlands in order to result in no net
loss of wetland functions.
a. Mitigation Requirements:
1. "No net loss of wetland functions" shall mean that the wetland functional score of the
proposed mitigation equals or exceeds the wetland functional score of the impacted
wetlands. However, in no case shall the acreage proposed for mitigation be less than the
acreage being impacted.
2. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be
compensated for by providing an equal amount of storage or conveyance capacity on site -�
and within or adjacent to the impacted wetland.
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3. Protection shall be provided for preserved or created wetland or upland vegetative
communities offered as mitigation by placing a conservation easement over the land in
perpetuity, providing for initial exotic plant removal (Class I invasive exotic plants defined
by the Florida Exotic Pest Plant Council) and continuing exotic plant maintenance.
4. Prior to issuance of any final development order that authorizes site alteration, the
applicant shall demonstrate compliance with paragraphs (6) a. 1, (6) a.2, and (6) a.3 of this
policy. If agency permits have not provided mitigation consistent with this policy, Collier
County will require mitigation exceeding that of the jurisdictional agencies.
5. Mitigation requirements for single - family lots shall be determined by the State and
Federal agencies during their permitting process, pursuant to the requirements of Policy
6.2.7 of this element.
b. Mitigation Incentives:
1. Collier County shall encourage certain types of mitigation by providing a variety of
incentives in the form of density bonuses and credits to open space and vegetation
retention requirements. Density bonuses shall be limited to no more than 10% of the
allowed density.
2. Preferred mitigation activities that would qualify for these incentives include, but are not
limited, to the following:
(a) Adding wetland habitat to or restoring wetland functions within Rural Fringe Mixed
Use District Sending Lands,
(b) Creating, enhancing or restoring wading bird habitat to be located near wood stork,
and/or other wading bird colonies.
3. Within one (1) year of the effective date of these amendments, Collier County shall
adopt specific criteria in the LDC to implement this incentive;. program, and to identify
other mitigation priorities."
OTHER NOTESNERSION DATE: The proposed LDC amendment, along with other
amendments proposed by the Collier Building Industry Association (CBIA), came at the request
of the County to make the LDC more efficient, streamline the development process, and to allow
for flexibility without'sacrificing the quality of development. As a result, CBIA established an
advisory' committee made up of professional consultants to identify areas of the LDC which they
believed could be improved upon. Recommendations were then forwarded to County Staff.
Staff has reviewed and discussed the proposed changes with CBIA and those not supported by
staff have been removed. Those remaining, while initiated by CBIA, are supported by staff and
considered staff sponsored amendments coordinated with CBIA requests. Staff is in support of
this proposed amendment for the reasons mentioned above, that is: the regulation creates an
unequal burden on property owners within the RFMUD when wetlands are impacted, and that
the County does not have a wetlands regulatory program in which to implement the requirement.
Created November 10, 2011, Amended December 16, 2011, March 15, 2012, April 24, 2012,
May 7, 2012, May 17, 2012, June 19, 2012
Amend the LDC as follows:
2 3.05.07 Preservation Standards
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2 F. Wetland preservation and conservation.
3 1. Purpose. The following standards are intended to protect and conserve
4 Collier County's valuable wetlands and their natural functions, including
5 marine wetlands. These standards apply to all of Collier County, except
6 for lands within the RLSA District. RLSA District lands are regulated in
7 section 4.08.00. wetlands shall be protected as follows, with total site
8 preservation not to exceed those amounts of vegetation retention set forth
9 in section 3.05.07(C), unless otherwise required.
10 2. Urban lands. In the case of wetlands located within the Urban designated
11 areas of the County, the County will rely on the jurisdictional
12 determinations made by the applicable state or federal agency in
13 accordance with the following provisions:
14 a. Where permits issued by such jurisdictional agencies allow for
15 impacts to wetlands within this designated area and require
16 mitigation for such impacts, this shall be deemed to meet the
17 objective of protection and conservation of wetlands and the
18 natural functions of wetlands within this area.
19 b. The County shall require the appropriate jurisdictional permit prior
20 to the issuance of a final local development order permitting site
21 improvements, except in the case of any single- family residence
22 that is not part of an approved development or platted subdivision.
23 C. Within the lmmokalee Urban Designated Area, there exists high
24 quality wetland system connected to the Lake Trafford /Camp
25 Keais system. ` These wetlands require greater protection
26 measures and.therefore the wetland protection standards set forth
27 in 3.05.07 (F)(3), below shall apply in this area.
28 3. RFMU district. Direct impacts of development within wetlands shall be
29 limited by directing such impacts away from high quality wetlands. This
30 shall be accomplished by adherence to the vegetation retention
31 requirements of section 3.05.07 (C) above and the following standards:
32 a. In order to assess the values and functions of wetlands at the time
33 of project review, applicants shall rate the functionality of wetlands
34 using the Unified Wetland Mitigation Assessment Method set forth
35 in F.A.C. 62 -345. For projects that have already been issued an
36 Environmental Resource Permit by the state, the County will
37 accept wetlands functionality assessments that are based upon
38 the South Florida Water Management District's Wetland Rapid
39 Assessment Procedures (WRAP), as described in Technical
40 Publication Reg 001 (September 1997, as update August 1999).
41 The applicant shall submit to County staff these respective
42 assessments and the scores accepted by either the South Florida
43 Water Management District or Florida Department of
44 Environmental Protection.
45 b. Wetlands documented as being utilized by listed species or
46 serving as corridors for the movement of wildlife shall be
47 preserved on site, regardless of whether the preservation of these
48 wetlands exceeds the acreage required in section 3.05.07(8)LCI.
49 C. Existing wetland flowways through the project shall be maintained,
50 regardless of whether the preservation of these flowways
51 exceeds the acreage required in section 3.05.07(C).
52 d- d. Drawdowns or diversion of the ground water table shall not
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adversely change the hydroperiod of preserved wetlands on or
offsite. Detention and control elevations shall be set to protect
surrounding wetlands and be consistent with surrounding land and
project control elevations and water tables. In order to meet these
requirements, projects shall be designed in accordance with
Sections 4.2.2.4, 6.11 and 6.12 of SFWMD's Basis of Review,
January 2001.
Single family residences shall follow the requirements contained
within Section 3.05.07(F)(5).
Preserved wetlands shall be buffered from other land uses as
follows:
i. A minimum 50 -foot vegetated upland buffer adjacent to a
natural water body.
ii. For other wetlands a minimum 25 -foot vegetated upland
buffer adjacent to the wetland.
iii. A structural buffer may be used in conjunction with a
vegetative buffer that would reduce the vegetative buffer
width by 50 %. A structural buffer shall be required adjacent
to wetlands where direct impacts are allowed. A structural
buffer may consist of a stem -wall, berm, or vegetative
hedge with suitable fencing.
iv. The buffer shall be measured landward from the approved
jurisdictional line.
V. The buffer zone shall consist of preserved native
vegetation. Where native vegetation does not exist, native
vegetation compatible with the existing soils and expected
hydrologic conditions shall be planted.
vi. The buffer shall be maintained free of Category I invasive
exotic plants, as defined by the Florida Exotic Pest Plant
Council
vii. The following land uses are considered to be compatible
with wetland functions and are allowed within the buffer:
(1) Passive recreational areas, boardwalks and
recreational shelters;
(2) Pervious nature trails;
(3) Water management structures;
(4) Mitigation areas;
(5) Any other conservation and related open space
activity or use which is comparable in nature with
the foregoing uses.
Mitigation. Mitigation shall be required for direct impacts to
wetlands in order to result in no net loss of wetland functions, in
adherence with the following requirements and conditions:
i_ Mitigation Requirements:
_k a) Loss of storage or conveyance volume resulting
from direct impacts to wetlands shall be
compensated for by providing an equal amount of
storage or conveyance capacity on site and within
or adjacent to the impacted wetland.
++ ) Prior to issuance of any final development order
that authorizes site alteration, the applicant shall
demonstrate compliance with a) and b abeve
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this subsection. If agency permits have not
provided mitigation consistent with this Section,
Collier County will require mitigation exceeding that
of the jurisdictional agencies.
c) Mitigation requirements for single - family lots shall
be determined by the State and Federal agencies
during their permitting process, pursuant to the
requirements of Section {4} 4 below.
d) Preserved or created wetland or upland vegetative
communities offered as mitigation shall be placed in
a conservation easement in accordance with
3.05.07 H.1.d, provide for initial removal of
Category I Invasive Exotic Vegetation as defined
by the Florida Exotic Pest Plant Council and
provide for continual removal of exotic vegetation
Mitigation Incentives: A density bonus of 10% of the
maximum allowable residential density, a 20% reduction
in the required open space acreage, a 10% reduction in
the required native vegetation, or a 50% reduction in
required littoral zone requirements may be granted for
projects that do any of the following:
a) Increase wetland habitat through recreation or
restoration of wetland functions, of the same type
found on -site, on an amount of off -site acres within
the Rural Fringe Mixed Use District Sending Lands,
equal to, or greater than 50% of the on -site native
vegetation preservation acreage required, or 20%
of the overall project size, whichever is greater;
Create, enhance or restore wading bird habitat to
be located near wood stork, and /or other wading
bird colonies, in an amount that is equal to, or
greater than 50% of the on -site native vegetation
preservation acreage required, or 20% of the
overall project size, whichever is greater; or
Create, enhance or restore habitat for other listed
species, in a location and amount mutually
agreeable to the applicant and Collier County after
consultation with the applicable jurisdictional
agencies.
E iii. EIS Provisions. When mitigation is proposed, the EIS shall
demonstrate that there is no net loss in wetland functions
as prescribed above.
d. Exotic vegetation Vegetation Removal. exotic Exotic
vegetation removal shall not constitute mitigation unless the
mitigation is for secondary impacts (not dredge and fill) and it is
reconciled with the State and Federal permits.
Estates, rural - settlement areas, and ACSC. In the case of lands located
within Estates Designated Area, the Rural Settlement Area, and the
ACSC, the County shall rely on the wetland jurisdictional determinations
and permit requirements issued by the applicable jurisdictional agency, in
accordance with the following:
a. For single - family residences within Southern Golden Gate Estates
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or within the Big Cypress Area of Critical State Concern, the
County shall require the appropriate federal and state wetland -
related permits before Collier County issues a building permit.
b. Outside of Southern Golden Gate Estates and the Area of Critical
State Concern, Collier County shall inform applicants for individual
single - family building permits that federal and state wetland
permits may be required prior to construction. The County shall
also notify the applicable federal and state agencies of single
family building permits applications in these areas.
65. RLSA district. Within the RLSA District, wetlands shall be preserved
pursuant to section 4.08.00.
7-6. Submerged marine habitats. The County shall protect and conserve
submerged marine habitats as provided in section 5.03.06 U.
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LDC Amendment Request
ORIGIN: Growth Management Division
AUTHOR: Bill Lorenz, Director, Land Development Services and Claudine Auclair, Business
Center Manager
DEPARTMENT: Land Development Services
AMENDMENT CYCLE: 2012 Cycle 1
LDC SECTION(S): 10.02.03 Submittal Requirements for Site Development Plans
CHANGE: Section 10.02.03 provides guidance for Site Development Plan Amendments and
insubstantial changes. To provide clarity as to what qualifies as an insubstantial change, the
proposed amendment removes the introduction language detailing an amendment and focuses on
insubstantial changes. The evaluation criteria have been modified to refleci "that an insubstantial
change is lower in impact and requires a reduced level of review. The proposed amendment will
allow for an expedited review within the Land Development Services Division. Projects that do
not fall into the insubstantial change category will be treated as a Site Plan Amendment and will
follow the established procedure.
REASON: The proposed amendment originated from a department wide discussion on how to
better accommodate and review, insubstantial changes'. To develop a more efficient process, each
Land Division Services department created standardized criteria related to its field. Many of the
criteria are utilized in practice, but are not codified. This will provide applicants a better
understanding for how their application will be reviewed and by which department. Each of the
criteria is organized by department and will assist Staff in identifying which departments need to
review the application.
The proposed amendment also supports a new combined submission process for applications.
The combined, process will allow an applicant to submit the zoning pen-nit and the building
permit applications on the same day to the respective departments.
FISCAL & OPERATIONAL IMPACTS: The proposed amendment will allow for an
expedited review for applicants, allowing applicants to save time and financial resources. The
fiscal and operational impacts for the County include a reduced number of reviewers and time
dedicated to low impact projects. The fees for an insubstantial change will remain the same.
RELATED CODES OR REGULATIONS: Collier County Administrative Code, Florida
Building Code.
GROWTH MANAGEMENT PLAN IMPACT: N/A
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ADVISORY BOARD RECOMMENDATIONS:
DSAC: Recommended approval. The current version is revised and language regarding the
water management system and the retained vegetation criteria has been modified.
OTHER NOTESNERSION DATE:
Prepared by Caroline Cilek, Senior Planner, Land Development Services, November 2, 2011,
Edited Nov. 8, 2011, Edited Nov. 29, 2011, Edited Dec. 14, 2011, May 9, 2012, May 30, 2012,
June 20, 2012
Amend the LDC as follows:
1 10.02.03 Submittal Requirements for Site Development Plans
2
3 B. Final Site development plan procedure and requirements
4 x x x
5 3. Amendments i
and insubstantial changes Any ,repossee d nhange nr amendmr�n+ +n
6 A .. be subjeGt tG review and
7 apprG -1 by the County Manager or his designee. Upon submittal of a plan
8 dearly illustrating the �proposed G.aRge , the GGunt y Manager nr his designee
shall determine w�� i�- er - F-e} it GeR t' tutPs- a - &N�s�ai aRgo in the event
10 the County Manager er his designee determines the GhaRge is substantial, the
11 aNl+ nan shall e r plit hll hegi �yv.ii iron }e fellow the review p d t forth f
12 site development plan. A substantial Ghange, FeqLflRRg a site development plan.
13 aMeRdrneRt, shall be defined as any GhaRge WhiGh substantially affeGts existing
14 traRSpertatiGn GiFGHlation, parking or building arrangements, drainage-,
15 landSGapiRg, buffering, identified pl:eservatien/GGRseR�atien areas and ether site
16 development plan GGnsideratiORS. The GsuRty Manager or his designee
17
18 this
If
19 fellewirig oe Rditiens exist} ' }h r pant to the ropes h
l with ,
20 a. is Re Co,, }h Florida Water Management DiStFint perm'} r letter of
21 mediflf atien needed for the nr rL and there 's ne m r imp nt en water
, iii J°
22 management as de+errviined by the engineering direntnr
uy..i,� u� u�T�
23 b. There i's Re new aGGess preposed from any publiG street hGwever minimal
24 Fight of way work may he permitted as determined by the tr n peFt Lien
-J - -� � �C— �v....���vaw .-wv determined yr U ..]I.IVIIULiVIT
25 planning direr +or
26 G. There is ne additieR to existing buildings (air GGRditiORed spaE;e) prGpGGed
27
2 8 used ter s#er-age, or to -heuse equipment, will be permitted.
29
30 building en site eRd that Reeded to eoeemmouate storage areas a?
31 desGFibern number Z awe
32 e The change Apes net result in an impact nn er recenfi ur Lien of
J Nuvt. vii, , preserve
33 areas as determined by the env 'rn meat ISenriGes d'reeter.
34 T. 1 Re ehaRge Glees net result in a Reed Ter aclGIME)Ral eRVIFORMeRtal-d-ata
35
36 diFeGteF.
37 g. The GhaRge deeS net iRdude the addition ef any accessory structure that
38 generates additional traffiG as determined by the traRspertatiOR planning
2
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direatar in;paato ,e rater management as determined by the eierirnrt
direoter ar aentains air aanditianed space
h The change deep not trigger the req iirernents of Seating 5.05.0 ac
determined by the County Manager er his designee
imnaat the site development to r the landSGane plan)
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Revised language 6/20/12
10.02.03 Submittal Requirements for Site Development Plans
B. Final Site development plan procedure and requirements
3. Insubstantial chances. This process Drovides for in
Development Plan (SDP) or Site Improvement Plan (SIP). This process allows
minor changes that normally involve no more than four review departments.
Insubstantial changes may be applied to an approved portion of a SDP or SIP.
All insubstantial changes shall be consistent with the existing zoning of the site.
a. Insubstantial Change Procedure. An insubstantial change request shall
include a site plan that clearly illustrates the proposed change. Changes
may be approved' administratively by the County Manager or their
designee.
b. Evaluation Criteria. The proposed change shall meet all of the applicabl(
criteria to be deemed insubstantial.
i.' There is no significant change to the existing trip generation or
access. The following shall be considered significant changes:
a) An increase of more than 10 two way PM peak
hour trips is calculated
b) A change to the access configurations or new
access to a public street (minimal right -of -way work
may be permitted)
c) A change to pedestrian facilities within the public
right-of-way
d) A change to a site which has frontage on a public
roadway listed for construction in the County's 5-
year Capital Improvement Element
ii. There is no significant change to the water management system.
The following shall be considered significant changes:
a) A change in drainage structure locations, such as
inlets, catch basins, mitered end sections, and
control structures
b) A change which increases the impervious surface
of the site by 5,000 square feet or by two (2)
percent or more, whichever is less
iii. There is no significant change to the utility system. If the site is
located outside of the Collier County Water and Sewer District, the
applicant shall obtain a letter of no objection or approval from the
utility provider, if applicable. The following shall be considered
significant changes:
a) A change in the size of piping
3
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1
b)
A conflict with existing utilities
2
c)
Additional flow to the water and /or sewer system
3
d)
A proposal or expansion of grease laden waste
4
production
5
iv. There is no significant
change to the required retained vegetation
6
The following
shall be considered significant changes:
7
a)
A reduction in preserve or conservation area
8
b)
A reconfiguration to a preserve or conservation
9
area when:
10
i) the reconfiguration conflicts with the
11
minimum dimensional standards in
12
subsection 3.05.07 H
13
ii) the reconfiguration contains an area with
14
listed species:
15
iii) the reconfiguration changes the hierarchy of
16
the priority native vegetation specified in
17
subsection 3.05.07 A,
18
iv) or which is used as a buffer for a
19
neighboring use:
20
c)
A change requiring additional clearinq
21
V. There is no significant
change to the site design layout. The
22
following shall be considered significant changes:
23
a)
A change to the parking and building
24
arrangements, such as the area, alignment
25
location and heighf
26
b)
A change in buffer widths at the perimeter of the
27
site
28
c)
A change in the number of required plantings
29
d)
A change in open space
30
vi. There is no significant
change to the architectural standards The
31
following shall be considered significant changes:
32
a)
A change to standards in Section 5.05.08
33
Architectural and Site Design Standards (Changes
34
to subsection 5.05.08.E.3 Service Function Areas
35
and Facilities may be permitted)
36
c. Changes determined to be substantial must be approved as a site
37
development plan amendment, which shall follow the review procedures
38
set forth for a new site development plan.
39
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