Agenda 01_08_2003 SCOLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
i A--
AGENDA
January 8, 2003
5:05 p.m.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 99 -22 REQUIRES THAT ALL
LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS ".
ANY P ERSON W HO D ECIDES T O APPEAL A D ECISION O F T HIS B OARD
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.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5)
MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY
THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
1
January 8, 2003
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774 -8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
1. PLEDGE OF ALLEGIANCE
2. AGENDA
AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA.
3. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774 -8383.
2
January 8, 2003
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EXECUTIVE SUMMARY
AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE LAND DEVELOPMENT REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR:
SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT: SECTION THREE,
ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE
SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 1, GENERAL
PROVISIONS, DIVISION 1.9, ENFORCEMENT; DIVISION 1.18, LAWS
INCORPORATED HEREIN BY REFERENCE; ARTICLE 2, ZONING, DIVISION 2.2.,
ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL
STANDARDS INCLUDING REVISIONS TO THE C -1 THROUGH C -5 ZONING
DISTRICTS LIST OF PERMITTED AND CONDITIONAL USES, GENERAL
REQUIREMENTS FOR "PUD" DISTRICTS AND INCLUDING THE EXTENSION OF
THE VANDERBILT BEACH RESIDENTIAL TOURIST ZONING DISTRICT INTERIM
DEVELOPMENT CONTROLS (MORATORIUM) FOR A PERIOD OF TWELVE
MONTHS; DIVISION 2.6, SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7,
ZONING ADMINISTRATION AND PROCEDURES; ARTICLE III, DEVELOPMENT
REGULATIONS, DIVISION 3.2, SUBDIVISIONS; DIVISION 3.3, SITE DEVELOPMENT
PLANS; DIVISION 3.4, EXPLOSIVES; DIVISION 3.9, VEGETATION REMOVAL,
PROTECTION AND PRESERVATION; DIVISION 3.13, COASTAL CONSTRUCTION
SETBACK LINE VARIANCE; DIVISION 3.15, ADEQUATE PUBLIC FACILITIES;
DIVISION 3.16, GROUNDWATER PROTECTION INCLUDING AMENDMENTS TO THE
TEXT OF EXHIBIT A THEREOF ENTITLED WELLFIELD PROTECTION ZONE MAP
SERIES; ARTICLE V, DECISION - MAKING AND ADMINISTRATIVE BODIES,
DIVISION 5.2, PLANNING COMMISSION; DIVISION 5.13, ENVIRONMENTAL
ADVISORY COUNCIL; ARTICLE VI, DEFINITIONS, DIVISION 6.3, DEFINITIONS,
INCLUDING BUT NOT LIMITED TO AMENDMENTS TO THE DEFINITION OF
"ALLEY" AND "YARD- FRONT" AND THE ADDITION OF DEFINITIONS FOR
"OUTPARCEL" AND "PASSENGER VEHICLES "; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE.
OBJECTIVE:
To amend the provisions of the Collier County Land Development Code to serve the best interest of the
public.
CONSIDERATIONS:
This is the final public hearing required by Statute for amending the Collier County Land Development
Code. The amendments were presented to, and reviewed by, the Development Services Advisory
Committee, the Collier County Planning Commission, and the Environmental Advisory Committee, where
applicable. The summaries of the recommendations of these advisory committees are outlined n t AGENDA 17W
attached summary sheet. Na
JAN 8 2003
FISCAL IMPACT:
As noted on each staff cover sheet per amendment.
GROWTH MANAGEMENT IMPACT:
All proposed amendments to the Land Development Code are consistent with Policies, Objectives and
Elements of the GMP.
PLANNING COMMISSION RECOMMENDATION:
Per amendment as outlined on attached summary sheet.
PLANNING SERVICES STAFF RECOMMENDATION:
That the Board of County Commissioners approve amendments to the Land Development Code except as
otherwise modified at this final public hearing, all which are described in the draft Ordinance of Adoption
included with this Executive Summary.
PREPARED BY:
USAN MURRAY, AICP, MANAGER
CURRENT PLANNING SECTION
REVIEWED BY:
ARGARET WUERSTLE, AICP, I CTOR
PLANNING SERVICES DEPARTMENT
APPROVED BY:
/2' /8 oZ
DATE
1a .?O a
DATE
i1
K. SC ITT, ADMINISTRATOR DATE
NITY DEVELOPMENT & ENVIRONMENTAL SVCS.
No.
JAN .8 2003
Ia
ORIGIN: County Attorney
AUTHOR: Patrick G. White, Assistant County Attorney
DEPARTMENT: County Attorney's office
LDC PAGE: 1.25
LDC SECTION: Section 1.9.9.
CHANGE: Clarification of requirements for notice and appeal of administrative
decisions regarding violations.
REASON: Provides detailed requirements for submittal of notice and appeal. Provides
clarification to regulations.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
GROWTH MANAGEMENT PLAN IMPACT: None.
Amend the LDC as follows:
Sec. 1.9.9. Notice and appeal of administrative decisions regarding violations.
All administrative decisions authorized by this Code for a pending violation of the Code
concerning a stop work order, or the issuance, revocation, or suspension, eF step weFk eFd9F,
of building permits, certificates of occupancy, development orders,
development permits, or development approvals, whatsoever, must be reduced to writing and
shall be state-d- *R effir.i—A.' 1.A.PrWeR Retiee sent by registered mail, return receipt requested, to the
official holder of the affected development approval or permit applicant. Administrative decisions
of the county manager or authorized official may not be appealed to the board of county
commissioners, board of zoning appeals, code enforcement board, or building board of
adjustments and appeals, except as may be otherwise authorized by this Code or by other
regulation adopted by reference as a part of this Cod .
JAN 0 8 2003
P. 1 0
ORIGIN: County Attorney
AUTHOR: Patrick G. White, Assistant County Attorney
DEPARTMENT: County Attorney's Office
LDC PAGE: assorted
LDC SECTION: Division 2.2.
CHANGE: Makes public schools, i.e., educational services (SIC 8211, elementary and
permitted uses Estates, Agricultural and RSF —3 zoning districts
REASON: Relative to public schools to make the Agricultural and Estates zoning
districts consistent with the essential services provisions of the LDC which allow
education facilities as a permitted use in the Agricultural and Estates zoning district and
to allow for a limited amount of time in which to permit public schools as a permitted use
in the single family zoning district.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
Amend the LDC as follows:
2.2.2.2. Permitted uses. The following uses are permitted as of right, or as uses accessory
to permitted uses, in the rural agricultural district (A).
2.2.2.2.1. Permitted uses.
1. Single - family dwelling.
• 9. Essential services, as set forth in section 2.6.9.1.
10. Schools, public.
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JAN '0 8 2003
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2.2.2.3. Conditional uses. The following uses are permitted as conditional uses in the
rural agricultural district (A), subject to the standards and procedures established in
division 2.7.4.
■ ■
1. Extraction or earthmining, and related processing and production not
incidental to the agricultural development of the property.
10. Schools, - pubis -and private.
2.2.3.2. Permitted uses. The following uses are permitted as of right, or as uses accessory
to permitted uses, the estates district (E):
2.2.3.2.1. Permitted uses.
1. Single - family dwelling.
2. Family care facilities, subject to section 2.6.26.
3. Essential services, as set forth in section 2.6.9.1.
4. Schools, public.
2.2.3.3. Conditional uses. The following uses are permissible as conditional uses in the
estates district (E), subject to the standards and procedures established in division 2.7.4:
1. Churches and other places of worship.
4. Schools, -pubes private.
Sec. 2.2.4. Residential single - family districts (RSF).
2.2.4.2.1. Permitted uses.
1. Single — family dwellings.
JAN 0 8 2003
P9 S -
2. Family care facilities, subject to section 2.6.26.
3. Schools, public (RSF -3 and RSF -5 zoning districts only, effective only
through January 30, 2004).
2.2.4.3. Conditional uses. The following uses are permissible as conditional uses
in the residential single - family districts (RSF), subject to the standards and
procedures established in division 2.7.4.
3. Schools, public (RSF -1 2 and 4 zoning districts only, only
through January 30, 2004) and private.
JAN 0 8 2003
Pt•�
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Kay Deselem, Current Planning
DEPARTMENT: Planning Services
LDC PAGE: LDC2:22
LDC SECTION: LDC 2.2.3.4.3. Minimum Yard Requirements
CHANGE: To provide a front yard reduction for non - conforming lots located
within the 33`d street right -of -way within the Estates District
REASON: There is a strip of non - conforming, Estates - zoned, platted lots
(Unit 67A) located along Oil Well Road that also have frontage
along NE 33`d Avenue, which makes the lots "double frontage"
lots. Double frontage lots must adhere to the frontage yard
requirements for both frontages. These lots were re- platted
according to the regulations in effect at the time with
approximately 200 feet of lot depth. The lots range from 330 to
375 feet wide. Adherence to LDC minimum street (frontage) yard
requirements of 75 feet with allowances as required by the LDC
for the 33`d Street right -of -way (lots within the GG estates include
the right -of -way), would only leave an area of approximately 20
foot within which to place the building footprint of a home. It is
not customary to build a house that narrow, nor are any other lots
within the Estates zoning district so confined.
Other lots that have been re- platted into a long narrow shape are
granted relief from the 30 -foot side yard setback requirement.
Those lots are required to set aside a percentage of the lot width for
side yard setbacks, rather than adhere to the 30 -foot setback.
Fifteen percent was determined to be an appropriate measure
because legal non - conforming lots that cannot meet the required 30
feet side yard setback can reduce a side yard setback at ten percent
of the width of the lot (in the Estates zoning district). Staff
believes it is appropriate to require more frontage that side yard
setback to address errant vehicle safety. This is not an issue with a
reduced side setback.
It seems appropriate to allow these recently identified wide but
"short" lots to meet a similar street setback along the local street.
Thus staff is recommending that instead of adherence to the 75-
foot front setback along 33 Street, these lots be allowed to meet a
15 percent front yard requirement along that secondary roa AGEMA 11tM
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I:1LDC_Amendments\LDC Cycle 2 - 20021CCPC Revisons12.2.3.4.3. Estates lot Mcloc
last revised: 816/02
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: LDC 6.3. Definitions, "Yazd, front."
Amend the LDC as follows:
2.2.3.4.3. Minimum yard requirements.
1. Front yard. 75 feet, except in the case of_
Ceonforming corner lots, in which case only one full depth setback shall
be required along the shorter lot line along the street. The setback along
the longer lot line may be reduced by up to 50 percent. Note: For lots
which do not conform to the minimum lot width or area requirements, see
definition of yard, front.
The non - conforming through (i.e., double - frontage) lots which are
nonconforming due to inadequate lot area, but which are conforming in
terms of minimum lot width and which front on one local and one
collector or arterial roadway, shall provide the reduced front yard setback
from the local road only, as measured from the road right -of -way, which
setback is equivalent to 15 ,percent of the depth of the lot as measured
from progerty line to property line. The full, 75 -foot front vard setback
shall be provided from the collector road as measured from the road right -
of -way.
The non-conforming g hrough lot utilizing the reduced frontage must
establish the lot frontage along the local road only. Frontage along _a,
collector or arterial roadway to serve such lots is prohibited
2. Side yard. 30 feet, except for legal nonconforming lots of record, which
are nonconforming due to inadequate lot width, in which case it shall be
computed at the rate of ten percent of the width of the lot, not to exceed a
maximum requirement of 30 feet.
3. Rear yard. 75 feet.
I:\LDC_Amendments \LDC Cycle 2 - 2002 \CCPC Revisons\2.2.3.4.3. Estates lot KD.doc
last revised: 8/6/02
JAN 0 8 2003
pg.2 I
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Michael Bosi
DEPARTMENT: Planning Services
LDC PAGE(S): LDC 2:41 — 2:62
LDC SECTION: 2.2.12. through 2.2.15. 1/2
CHANGE: Various corrections /clarifications /amendments to the C -1 through C -5 zoning
districts as a follow up to the previous LDC Cycle where the sections were amended in a
wholesale manner.
REASON: In the course of changes made last cycle to the C -1 through C -5 zoning
districts, a number of changes in uses from district to district were inadvertently omitted
or the application of such changes has resulted in the need for clarification, reinstatement
or modification.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
Sec. 2.2.12. (C -1) Commercial professional and general office district.
2.2.12.1. Purpose and intent. The C -1 commercial professional and general office district is
intended to allow a concentration of office type buildings and land uses that are
most compatible with, and located near, residential areas. Most C -1 commercial
professional and general office districts are contiguous to, or when within a PUD
will be placed in close proximity to residential areas, and therefore serve as a
transitional zoning district between residential areas and higher intensity
commercial zoning districts. The types of office uses permitted are those that do
not have high traffic volumes throughout the day, which extend into the evening
hours. They will have morning and evening short-term peak conditions. The
market support for these office uses should be those with a localized b
market support as opposed to office functions requiring inter jurisdictio an4
I J N 0 8 2003
as
regional market support. Because office functions have significant employment
characteristics, which are compounded when aggregations occur, certain personal
service uses shall be permitted, to provide a convenience to office -based
employment. Such convenience commercial uses shall be made an integral part
of an office building as opposed to the singular use of a building. Housing may
also be a component of this district as provided for through conditional use
approval.
2.2.12.2. Permitted uses. The following uses, as identified with a number from the Standard
Industrial Classification Manual (1987), or as otherwise provided for within this
section, are permitted as of right, or as uses accessory to permitted uses in the C -1
commercial professional and general office district.
2.2.12.2.1. Permitted uses.
1. Accounting, auditing and bookkeeping services (8721).
2. Automobile parking (7521) parking lots only.
3. Barber shops (7241), except barber schools.
4. Beauty shops (7231), except beauty schools.
5. Business services (groups 7311, 7313, 7322 - -7331, 7338, 7371, 7372, 7374-
-7376, 7379).
6. Child day care services (8351).
7. Group care facilities (category I and H, except for homeless shelters); care
units, except for homeless shelters; nursing homes; assisted living facilities
pursuant to F.S. § 400.402 and ch. 58A -5 F.A.C.; and continuing care
retirement communities pursuant to F.S. § 651 and ch. 4 -193 F.A.C.; all
subject to section 2.6.26.
8. Offices for engineering, architectural, and surveying services (groups 0781,
8711 -- 8713).
9. Health services (8011 -- 8049).
10. Individual and family social services (8322 activity centers, elderly or
handicapped; adult day care centers; and day care centers, adult and
handicapped only).
11. Insurance carriers, agents and brokers (groups 6311 -- 6399, 6411;
AGEWA ITl_M
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12. Legal services (8111).
13. Management and public relations services (groups 8741 - -8743, 8748).
14. Miscellaneous personal services (7291, 7299, debt counseling only).
15. Nondepository credit institutions (groups 6141 -- 6163).
16. Photographic studios (7221).
17. Physical fitness facilities (7991 permitted only when physically integrated
and operated in conjunction with another permitted use in this district — no stand
alone facilities shall be permitted).
18. Real estate (groups 6531 -- 655240.
19. Shoe repair shops and shoeshine parlors (7251).
20. Security and commodity brokers, dealer, exchanges and services (groups
6211- 6289).
21. Transportation services (4724), travel agencies only.
22. Any other commercial use or professional services which is comparable in
nature with the foregoing uses including those that exclusively serve the
administrative as opposed to the operational functions of a business and
are purely associated with activities conducted in an office.
2.2.12.3. Conditional uses. The following uses are permissible as conditional uses in the
(C -1) commercial professional and general office district, subject to the standards
and procedures established in division 2.7.4.
1. Automobile parking (7521), garages- automobile parking, parking structures.
2. Churches and other places of worship.
3. Civic, social and fraternal associations (8641).
4. Depository institutions (groups 6011 -- 6099).
5. Educational services (8211- 8231), except
regional libraries.
6. Homeless shelters, as defined by this Code.
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7. Increased building height to a maximum of 50 feet.
8. Mixed residential and commercial uses subject to the following criteria:
a. A site development plan is approved pursuant to division 3.3. that is
designed to protect the character of the residential uses and of the
neighboring lands;
b. The commercial uses in the development may be limited in hours of
operation, size of delivery trucks, and type of equipment;
c. The residential uses are designed so that they are compatible with the
commercial uses;
d. Residential dwelling units are located above principal uses;
e. Residential and commercial uses do not occupy the same floor of a
building;
f. The number of residential dwelling units shall be controlled by the
dimensional standards of the C -1, C -1/T district, together with the specific
requirement that in no instance shall the residential uses exceed 50 percent
of the gross floor area of the building;
g. Building height may not exceed two stories;
h. Each residential dwelling unit shall contain the following minimum floor
areas: efficiency and one - bedroom, 450 square feet; two - bedroom, 650
square feet; three - bedroom, 900 square feet;
L A minimum of 30 percent of the mixed -use development shall be
maintained as open space. The following may be used to satisfy the open
space requirements: areas used to satisfy water management requirements,
landscaped areas, recreation areas, or setback areas not covered with
impervious surface or used for parking (parking lot islands may not be
used unless existing native vegetation is maintained);
The mixed commercial/residential structure shall be designed to enhance
compatibility of the commercial and residential uses through such
measures as, but not limited to, minimizing noise associated with
commercial uses; directing commercial lighting away from residential
units; and separating pedestrian and vehicular accessways and parking
areas from residential units, to the greatest extent possible.
9. Nursing and personal care facilities (8082). No.
JAN 0 8 2003
10 A5
10. Funeral service(7261 except crematories).
11. Religious organizations (8661).
12. Soup kitchens, as defined by this Code.
13. Veterinarian's office (0742), excluding outdoor kenneling.
14. Any other commercial or professional use which is comparable in nature
with the foregoing list of permitted uses and consistent with the purpose and intent
statement of the district as determined by the board of zoning appeals.
Sec. 2.2.13. Commercial convenience district (C -2).
2.2.13.1. Purpose and intent. The purpose and intent of the commercial convenience
district (C -2) is to provide lands where commercial establishments may be located
to provide the small scale shopping and personal needs of the surrounding
residential land uses within convenient travel distance except to the extent that
office type uses and land uses carried forward from the C -1 district will expand
the traditional neighborhood size. However, the intent of this district is that retail
and service uses be of a nature that can be economically supported by the
immediate residential environs. Therefore, the uses should allow for goods and
services that households require on a daily basis, as opposed to those goods and
services that households seek for the most favorable economic price and therefore
require much larger trade areas. It is intended that the C -2 district implements the
Collier County growth management plan within those areas designated
agricultural/rural; estates neighborhood center district of the Golden Gate Master
Plan; the neighborhood center district of the Immokalee Master Plan; and the
urban mixed use district of the future land use element permitted in accordance
with the locational criteria for commercial and the goals, objectives and policies
as identified in the future land use element of the Collier County growth
management plan. The maximum density permissible in the commercial
convenience district and the urban mixed use land use designation shall be
guided, in part, by the density rating system contained in the future land use
element of the Collier County growth management plan. The maximum density
permissible or permitted in a district shall not exceed the density permissible
under the density rating system.
2.2.13.2
Permitted uses. The following uses, as defined with a number from the Standard
Industrial Classification Manual (1987), or as otherwise provided for within this
section, are permitted as of right, or as uses accessory to permitted uses in the C -2
commercial convenience district. r --
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JAN 0 8 2003
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2.2.13.2. 1. Permitted uses.
1. Unless otherwise provided for in this section, all permitted uses and all
conditional uses except increased height and mixed residential and
commercial uses of the C -1 commercial professional and general office
district.
2. Apparel and accessory stores with 1800 with square feet or less of gross
floor area in the principal structure (groups 5611 -- 5699).
3. Business services (groups 7311, 7313, 7322 - -7338, 7371 - -7379, 7384).
4. Eating places with 2,800 square feet or less of gross floor area in the
principal structure (5812 except contract feeding, dinner theaters, food
service (institutional), industrial feeding).
5. Food stores with 2,800 square feet or less of gross floor area in the
principal structure (groups 5411 except supermarkets, 5421 -- 5499).
6. Gasoline service stations (5541 subject to section 2.6.28).
7. General merchandise stores with 1,800 square feet or less of gross floor
area in the principal structure (5331 - 5399).
8. Group care facilities (category I and II, except for homeless shelters); care
units, except for homeless shelters; nursing homes; assisted living facilities
pursuant to § 400.402 F.S. and ch. 58A -5 F.A.C.; and continuing care
retirement communities pursuant to § 651 F.S. and ch. 4 -193 F.A.C.; all
subject to section 2.6.26.
9. Hardware stores with 1,800 square feet or less of gross floor area in the
principal structure (5251).
10. Health services (groups 8011 - -8049, 8082).
11. Home furniture, furnishing and equipment stores with 1,800 square feet or
less of gross floor area in the principal structure (groups 5713- -5719, 5731 --
5736).
12. Libraries (823 1) except regional libraries.
13. Miscellaneous repair services, except aircraft, business and office machines,
large appliances, and white goods such as refrigerators and washing
machines (7629 -- 7631).
JAN 0 8 2003
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14. Miscellaneous retail services with 1,800 square feet or less of gross floor
area in the principal structure (5912, 5942 -- 5961).
15. Paint, glass and wallpaper stores with 1,800 square feet or less of gross floor
area in the principal structure (5231).
16. Personal services with 1,800
a ' (groups 7212, 7215, 7221 - -7251, no beauty or barber
schools, 7291).
6289).
17.4.8 United States Postal Service (4311 except major distribution center).
18.49: Veterinary services (0742 excluding outside kenneling).
19.20: Videotape rental with 1,800 square feet or less of gross floor area in the
principal structure (7841).
2.2.13.3. Conditional uses. The following uses are permissible as conditional uses in the
commercial convenience district (C -2), subject to the standards and procedures
established in division 2.7.4.
1. Educational services (8221,8222) except regional libraries.
2. Homeless shelters, as defined by this Code.
3. Mixed residential and commercial uses subject to the following criteria:
a. A site development plan is approved pursuant to division 3.3 that is
designed to protect the character of the residential uses and neighboring
lands;
b. The commercial uses in the development may be limited in hours of
operation, size of delivery trucks, and type of equipment;
c. The residential uses are designed so that they are compatible with the
commercial uses;
d. Residential dwelling units are located above principal uses;
e. Residential and commercial uses do not occupy the same floor of a
building;
JAN 0 8 2003
P.
f. The number of residential dwelling units shall be controlled by the
dimensional standards of the C -2 district, together with the specific
requirement that in no instance shall the residential uses exceed 50 percent
of the gross floor area of the building or the density permitted under the
growth management plan;
g. Building height may not exceed two stories;
h. Each residential dwelling unit shall contain the following minimum floor
areas: efficiency and one - bedroom, 450 square feet; two - bedroom, 650
square feet; three- bedroom, 900 square feet;
L The residential dwelling units shall be restricted to occupancy by the
owners or lessees of the commercial units below;
j. A minimum of 30 percent of the mixed use development shall be
maintained as open space. The following may be used to satisfy the open
space requirements: areas used to satisfy water management requirements;
landscaped areas; recreation areas; or setback areas not covered with
impervious surface or used for parking (parking lot islands may not be
used unless existing native vegetation is maintained);
k. The mixed commercial/residential structure shall be designed to enhance
compatibility of the commercial and residential uses through such
measures as, but not limited to, minimizing noise associated with
commercial uses; directing commercial lighting away from residential
units; and separating pedestrian and vehicular accessways and parking
areas from residential units, to the greatest extent possible.
4. Permitted personal service, video rental or retail uses with more than 1,800 square
feet of gross floor area in the principal structure.
5. Permitted food service (eating places or food stores) uses with more than 2,800
square feet of gross floor area in the permitted principal structure.
6. Soup kitchens, as defined by this Code.
7. Any other convenience commercial use which is comparable in nature with the
foregoing list of permitted uses and consistent with purpose and intent statement of the
district, as determined by the board of zoning appeals.
Sec. 2.2.14. Commercial intermediate district (C -3).
l Z
2.2.14.1. Purpose and intent. The purpose and intent of the commercial intermediate
district (C -3) is to provide for a wider variety of goods and services intended for
areas expected to receive a higher degree of automobile traffic. The type and
variety of goods and services are those that provide an opportunity for comparison
shopping and have a trade area consisting of several neighborhoods and are
preferably located at the intersection of two arterial level streets. Most activity
centers meet this standard. This district is also intended to allow all of the uses
permitted in the C -1 and C -2 zoning districts typically aggregated in planned
shopping centers. This district is not intended to permit wholesaling types of
uses, or land uses that have associated with them the need for outdoor storage of
equipment and merchandise. A mixed -use project containing a residential
component is permitted in this district subject to the criteria established herein.
The C -3 district is permitted in accordance with the locational criteria for
commercial and the goals, objectives and policies as identified in the future land
use element of the Collier County growth management plan. The maximum
density permissible in the commercial intermediate district and the urban mixed
use land use designation shall be guided, in part, by the density rating system
contained in the future land use element of the Collier County growth
management plan. The maximum density permissible or permitted in a district
shall not exceed the density permissible under the density rating system.
2.2.14.2. Permitted uses. The following uses, as defined with a number from the Standard
Industrial Classification Manual (1987), or as otherwise provided for within this
section, are permitted as of right, or as uses accessory to permitted uses in the
commercial intermediate district (C -3).
2.2.14.2.1. Permitted uses.
1. Unless otherwise provided for in this section, all permitted uses of the C -2
commercial convenience district.
2. Apparel and accessory stores with 5,000 square feet or less of gross floor area
in the principal structure (groups 5611 -- 5699).
3. Auto and home supply stores with 5,000 square feet or less of gross floor area
in the principal structure (5531).
4. Automotive services (7549) except that this shall not be construed to permit
the activity of "wrecker service (towing) automobiles, road and towing
service."
5. Business services (groups 7311, 7313, 7322 - -7338, 7361--7379,7384, 7389
except auctioneering service, automobile recovery, automobile repossession,
batik work, bottle exchanges, bronzing, cloth cutting, contractors'
disbursement, cosmetic kits, cotton inspection, cotton sampler, direct AFJA — fW
telephone, drive -away automobile, exhibits - building, filling pressure
8 M
containers, field warehousing, fire extinguisher, floats - decoration, folding and
refolding, gas systems, bottle labeling, liquidation services, metal slitting and
shearing, packaging and labeling, patrol of electric transmission or gas lines,
pipeline or powerline inspection, press clipping service, recording studios,
repossession service, rug binding, salvaging of damaged merchandise, scrap
steel cutting and slitting, shrinking textiles, solvent recovery, sponging
textiles, swimming pool cleaning, tape slitting, texture designers, textile
folding, tobacco sheeting, window trimming, and yacht brokers).
6. Eating places with 6,000 square feet or less in gross floor area in the principal
structure (5812 only). All establishments engaged in the retail sale of
alcoholic beverages for on- premise consumption are subject to locational
requirements of section 2.6.10.
7. Food stores with 5,000 square feet or less of gross floor area in the principal
structure (groups 5411 -- 5499).
8. General merchandise stores with 5,000 square feet or less of gross floor area
in the principal structure (groups 5331 - 5399).
9. Group care facilities (category I and II, except for homeless shelters); care
units, except for homeless shelters; nursing homes; assisted living facilities
pursuant to § 400.402 F.S. and ch. 58A -5 F.A.C.; and continuing care
retirement communities pursuant to § 651 F.S. and ch. 4 -193 F.A.C.; all
subject to section 2.6.26.
10. [Reserved.]
11. Home furniture, furnishing, and equipment stores with 5,000 square feet or
less of gross floor area in the principal structure (groups 5712 -- 5736).
12. Libraries (8231).
13. Marinas (4493), subject to section 2.6.22.
14. Membership organizations (8611 -- 8699).
15. Miscellaneous repair services (groups 7629 -7631, 7699 bicycle repair,
binocular repair, camera repair, key duplicating, lawnmower repair, leather
goods repair, locksmith shop, picture framing, and pocketbook repair only).
16. Miscellaneous retail with 5,000 square feet or less of gross floor area, except
drug stores (groups 5912- -5963 except pawnshops and building materials,
5992- -5999 except auction rooms, awning shops, gravestones, hot tub
monuments, swimming pools, tombstones and whirlpool baths). AGENDA
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. 31
17. Museums and art galleries (8412) of galleries - e*.
18. Nondepository credit institutions (groups 6111 -- 6163).
19. Paint, glass and wallpaper stores with 5,000 square feet or less of gross floor
area in the principal structure (5231).
20. Personal services with 5,000 square feet or less of gross floor area in the
principal structure (groups 7211, 7212, 7215, 7216 nonindustrial dry cleaning
only, 7221 7251, 7291, 7299 babysitting bureaus, clothing rental, costume
rental, dating service, depilatory salons, diet workshops, dress suit rental,
electrolysis, genealogical investigation service, and hair removal only).
21. Physical fitness facilities (7991)
22. Public administration (groups 9111- -9199, 9229, 9311, 9411- -9451, 9511 --
9532, 9611 -- 9661).
23. Retail nurseries, lawn and garden supply stores with 5,000 square feet or less
of gross floor area in the principal structure (5261).
24. Veterinary services (groups 0742, 0752 excluding outside kenneling).
25. Videotape rental with 5,000 square feet or less of gross floor area in the
principal structure (7841).
26. United States Postal Service (4311 except major distribution centers).
27. Any use which was permissible under the prior GRC zoning district and
which was lawfully existing prior to the adoption of this Code.
28. Any of the foregoing uses that are subject to a gross floor area limitation
shall be permitted by right without the maximum floor area limitation if the
use is developed as an individual structure that is part of a shopping center.
2.2.14.3. Conditional uses. The following uses are permissible as conditional uses in the
commercial intermediate district (C -3), subject to the standards and procedures
established in division 2.7.4.
1. Amusements and recreation services (groups 7911, 7922 community
theaters only, 7933, 7993, 7999 boat rental, miniature golf course, bicycle
and moped rental, rental of beach chairs and accessories only)_
No.
JAN 0 8 2003
32
2. Drinking places (5813) excluding bottle clubs. All establishments engaged
in the retail sale of alcoholic beverages for on- premise consumption are
subject to the locational requirements of section 2.6.10.
3. Educational services (8221, 8222)
4. Food stores with greater than 5,000 square feet of gross floor area in the
principal structure (groups 5411 -- 5499).
54. Homeless shelters, as defined by this Code.
6-5. Hospitals (groups 8062 -- 8069).
76. Justice, public order and safety (groups 9221, 9222, 9224,
9229).
8 -7. Social services (8322 -- 8399).
98. Mixed residential and commercial uses, subject to the following criteria:
a. A site development plan is approved pursuant to division 3.3 that is
designed to protect the character of the residential uses and
neighboring lands;
b. The commercial uses in the development may be limited in hours of
operation, size of delivery trucks, and type of equipment;
c. The residential uses are designed so that they are compatible with the
commercial uses;
d. Residential dwelling units are located above principal uses;
e. Residential and commercial uses do not occupy the same floor of a
building;
f. The number of residential dwelling units shall be controlled by the
dimensional standards of the C -3 district, together with the specific
requirement that in no instance shall the residential uses exceed 50
percent of the gross floor area of the building or the density
permitted under the growth management plan;
g. Building height may not exceed two stories;
AGENDA I TbiA
JAN 0 8 2003
h. Each residential dwelling unit shall contain the following minimum
floor areas: efficiency and one - bedroom, 450 square feet; two -
bedroom, 650 square feet; three- bedroom, 900 square feet;
i. The residential dwelling units shall be restricted to occupancy by the
owners or lessees of the commercial units below;
A minimum of 30 percent of the mixed -use development shall be
maintained as open space. The following may be used to satisfy the
open space requirements: areas used to satisfy water management
requirements; landscaped areas; recreation areas; or setback areas
not covered with impervious surface or used for parking (parking lot
islands may not be used unless existing native vegetation is
maintained);
k. The mixed commercial/residential structure shall be designed to
enhance compatibility of the commercial and residential uses
through such measures as, but not limited to, minimizing noise
associated with commercial uses; directing commercial lighting
away from residential units; and separating pedestrian and vehicular
accessways and parking areas from residential units, to the greatest
extent possible.
109. Motion picture theaters, except drive -in (7832).
1140. Permitted personal services, video rental or retail uses (excluding drug stores
(5912)), with more than 5,000 square feet of gross floor area in the principal
structure.
12.14 -. Permitted food service (eating places) uses with more than 6,000 square feet
of gross floor area in the principal structure.
13.4-2. Permitted use with less than 700 square feet gross floor area in the
principal structure.
14.4 -3. Soup kitchens, as defined by this Code.
15. 44 Vocational schools (8243 -- 8299).
16.4 -5. Any other intermediate commercial use which is comparable in nature with
the foregoing list of permitted uses and consistent with the permitted uses
and purpose and intent statement of the district, as determined by the board
of zoning appeals.
No.-
JAN 0 8 2003
P43 _/
Sec. 2.2.15. General commercial district (C -4).
2.2.15.1. Purpose and intent. The general commercial district is intended to provide for
those types of land uses that attract large segments of the population at the same
time by virtue of scale, coupled with the type of activity. The purpose and intent
of the C -4 district is to provide the opportunity for the most diverse types of
commercial activities delivering goods and services, including entertainment and
recreational attractions, at a larger scale then the C -1 through C -3 districts. As
such, all of the uses permitted in the C -1 through C -3 districts are also permitted
in the C -4 district. The outside storage of merchandise and equipment is
prohibited, except to the extent that it is associated with the commercial activity
conducted on site such as but not limited to automobile sales, marine vessels, and
the renting and leasing of equipment. Activity centers are suitable locations for
the uses permitted by the C-4 district because most activity centers are located at
the intersection of arterial roads; therefore the uses in the C-4 district can most be
sustained by the transportation network of major roads. The C-4 district is
permitted in accordance with the locational criteria for commercial and the goals,
objectives and policies as identified in the future land use element of the Collier
County growth management plan. The maximum density permissible or permitted
in a district shall not exceed the density permissible under the density rating
system.
2.2.15.2. Permitted uses. The following uses, as identified within the Standard Industrial
Classification Manual, or as otherwise provided for within this section, are
permitted as of right, or as uses accessory to permitted uses in the general
commercial district (C -4).
2.2.15.2.1. Permitted uses.
1. Unless otherwise provided for in this Code, all permitted uses in the C -3
commercial intermediate district.
2. Agricultural services (groups 0741 except outdoor kenneling, 0742 except
outdoor kenneling, 0752, except outdoor kenneling- 0783).
3. Amusements and recreation services, indoor (groups 7911- -7941, 7991 --
7993, 7997, 7999), outdoor (7999), including only fishing piers and lakes
operation, houseboat rental, pleasure boat rental, operation of party fishing
boats, canoe rental.
4. Automotive dealers and gasoline service stations (groups 5511, 5531, 5541
with services and repairs as described in section 2.6.28, 5571, 5599 new
vehicles only).
5. Automotive repair, services, parking (groups 7514, 7515, 7521 except th*' ^ """
this shall not be construed to permit the activity of "tow -in parking lots ") —
—
JAN�0 8 2M!
2
and carwashes (group 7542), provided that carwashes abutting residential
zoning districts shall be subject to the following criteria:
a. Size of vehicles. Carwashes designed to serve vehicles exceeding a
capacity rating of one ton shall not be allowed.
b. Minimum yards.
Front yard setback: 50 feet.
2. Side yard setback: 40 feet.
3. Rear yard setback: 40 feet.
c. Minimum frontage. A carwash shall not be located on a lot with less
than 150 feet of frontage on a dedicated street or highway.
d. Lot size. Minimum 18,000 square feet.
e. Fence requirements. If a carwash abuts a residential district, a masonry
or equivalent wall constructed with a decorative finish, six feet in
height shall be erected along the lot line opposite the residential district
and the lot lines perpendicular to the lot lines opposite the residential
district for a distance not less than 15 feet. The wall shall be located
within a landscaped buffer as specified in section 2.4.7. All walls shall
be protected by a barrier to prevent vehicles from contacting them.
f. Architecture. The building shall maintain a consistent architectural
theme along each building facade.
g. Noise. A carwash shall be subject to Ordinance No. 90 -17, Collier
County Noise Control Ordinance [Code ch. 54, art. IV] .
h. Washing and polishing. The washing and polishing operations for all
car - washing facilities, including self - service car washing facilities, shall
be enclosed on at least two sides and shall be covered by a roof.
Vacuuming facilities may be located outside the building, but may not
be located in any required yard area.
L Hours of operation. Carwashes abutting residential districts shall be
closed from 10:00 p.m. to 7:00 a.m.
6. Building materials, hardware and garden supplies (groups 5231 -- 5261).
7. Business services (groups 7311 - -7352, 7359 except airplane, industrial t j�O— MAIItiM
portable toilet and oil field equipment renting and leasing, 7361 - -7397 how
Z�
N 0 8 2003
ft.
except armored car and dog rental, 7382 -7389 except auctioneering service,
automobile recovery, automobile repossession, batik work, bottle exchanges,
bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton
inspection, cotton sampler, directories - telephone, drive -away automobile,
exhibits - building, filling pressure containers, field warehousing, fire
extinguisher, floats - decoration, folding and refolding, gas systems, bottle
labeling, liquidation services, metal slitting and shearing, packaging and
labeling, patrol of electric transmission or gas lines, pipeline or powerline
inspection, press clipping service, recording studios, repossession service,
rug binding, salvaging of damaged merchandise, scrap steel cutting and
slitting, shrinking textiles, solvent recovery, sponging textiles, swimming
pool cleaning, tape slitting, texture designers, textile folding, tobacco
sheeting and window trimming service).
8. Commercial printing (2752, excluding newspapers).
9. Communications (groups 4812 - -4841) including communications towers up
to specified height, subject to section 2.6.35.
10. Eating and drinking establishments (5812, 5813) excluding bottle clubs. All
establishments engaged in the retail sale of alcoholic beverages for on-
premise consumption are subject to the locational requirements of section
2.6.10.
11. Educational services (8221, 8222)
12. Engineering, accounting, research, management and related services (groups
8711 -- 8748).
13. Food stores (groups 5411 -- 5499).
14. General Merchandise Stores (5311)
15.44. Group care facilities (category I and H, except for homeless shelters); care
units, except for homeless shelters; nursing homes; assisted living facilities
pursuant to § 400.402 F.S. and ch. 58A -5 F.A.C.; and continuing care
retirement communities pursuant to § 651 F.S. and ch. 4 -193 F.A.C.; all
subject to section 2.6.26.
16.43: Health services (groups 8051- -8059, 8062 -8069, 8071 - -8072 and 8092 --
8099).
17.46. Hotels and motels (groups 7011, 7021, 7041 when located within an
activity center).
21
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JAN 0'8 2003
18.4. Marinas (4493, 4499 except canal operation, cargo salvaging, ship
dismantling, lighterage, marine salvaging, marine wrecking, steamship
leasing), subject to section 2.6.22.
19.4-9. Miscellaneous repair services (groups 7622 - -7641, 7699 except
agricultural equipment repair, awning repair, beer pump coil cleaning and
repair, blacksmith shops, catch basin, septic tank and cesspool cleaning,
coppersmithing, farm machinery repair, fire equipment repair, furnace and
chimney cleaning, industrial truck repair, machinery cleaning, repair of
service station equipment, boiler cleaning, tinsmithing, tractor repair).
20.4-9. Miscellaneous retail (groups 5912 -5963, 5992 - 5999).
21.20. Motion picture theaters (7832).
22.2. Public or private parks and playgrounds.
23.22: Personal services (groups 7215, 7217, 7219, 7261 except crematories,
7291 -- 7299).
24.23. Real estate (group 6512).
25.2.- Social services (groups 8322 - -8399, except for homeless shelters and soup
kitchens).
26.23. [Reserved.]
27.2. Vocational schools (groups 8243 -- 8299).
2.2.15.3. Conditional uses for C -4. The following uses are permitted as conditional uses in the
general commercial district (C-4), subject to the standards and procedures
established in division 2.7.4.
Agricultural services (groups 0741 - -0742, 0752, with outdoor kenneling).
2. Amusement and recreation services, outdoor (groups 7948, 7992, 7996, 7999).
3. Auctioneering services, auction rooms (7389, 5999).
4. Automotive dealers and gasoline service stations (groups 5521, 5551, 5561,
5599 outdoor display permitted).
5. Automotive rental and leasing, outdoor display permitted (groups 7513,
2-3
0 8 2003
3
6. Bottle clubs. (All establishments engaged in the retail sale of alcoholic
beverages for the on- premise consumption are subject to the locational
requirements of section 2.6.10.)
7. Fishing, hunting and trapping (groups 0912 -- 0919).
8. Fuel dealers (groups 5983 -- 5989).
9. Homeless shelters, as defined by this Code.
10. Hotels and motels (groups 7011, 7021, 7041 when located outside an activity
center).
11. Justice, public order and safety (groups 9221, 9222, 9224, 9229).
12. Kiosks.
13. Local and suburban transit (groups 4111 - 4121, bus stop and van pool stop
only).
14. Motion picture theaters (7833).
15. Communication towers above specified height, subject to section 2.6.35.
16. Permitted use with less than 700 square feet of gross floor area in the principal
structure.
17. Soup kitchens as defined by this Code.
18. Motor freight transportation and warehousing (4225 air conditioned and mini -
and self storage warehousing only).
19. Any other general commercial use which is comparable in nature with the
foregoing list of permitted uses and consistent with the permitted uses and
purpose and intent statement of the district, as determined by the board of
zoning appeals.
Sec. 2.2.151/2. Heavy commercial district (C -5).
2.2.15'/2.1. Purpose and intent. In addition to the uses provided in the C -4 zoning district, the
heavy commercial district (C -5) allows a range of more intensive commercial
uses and services which are generally those uses that tend to utilize outdoor space
in the conduct of the business. The C -5 district permits heavy commercial AC,£1�K)A IYEM
services such as full- service automotive repair, and establishments prim- _____.,_._.
2 � II JAN 0 82003 ft 3CL_
engaged in construction and specialized trade activities such as contractor offices,
plumbing, heating and air conditioning services, and similar uses that typically
have a need to store construction associated equipment and supplies within an
enclosed structure or have showrooms displaying the building material for which
they specialize. Outdoor storage yards are permitted with the requirement that
such yards are completely enclosed or opaquely screened. The C -5 district is
permitted in accordance with the locational criteria for commercial and the goals,
objectives and policies as identified in the future land use element of the Collier
County growth management plan.
2.2.15'2.2. Permitted uses. The following uses, as identified within [with] a number from the
Standard Industrial Classification Manual (1987), or as otherwise provided for
within this section, are permitted as of right, or as uses accessory to permitted
uses in the heavy commercial district (C -5).
2.2.15 V2.2.1. Permitted uses.
1. Unless otherwise provide for in this section, all permitted uses in the C-4
general commercial district.
2. Auctioneering/auction houses (groups 7389, 5999).
3. Automotive dealers and gasoline service stations (groups 5511 -- 5599).
4. Automotive repair, services and parking (groups 7513 -- 7549), provided that
carwashes abutting residential zoning districts shall be subject to the following
criteria:
a. Size of vehicles. Carwash designed to serve vehicles exceeding a capacity
rating of one ton shall not be allowed.
b. Minimum yards.
(1) Front yard setback: 50 feet.
(2) Side yard setback: 40 feet.
(3) Rear yard setback: 40 feet.
c. Minimum frontage. A carwash shall not be located on a lot with less than
150 feet of frontage on a dedicated street or highway.
d. Lot size. Minimum 18,000 square feet.
e. Fence requirements. If a carwash abuts a residential district, a mason �GMA ITEM
equivalent wall constructed with a decorative finish, six feet in height all__
AN 0 8 2003
ZCJ P9 4o .
._...._..._-
be erected along the lot line opposite the residential district and the lot
lines perpendicular to the lot lines opposite the residential district for a
distance not less than 15 feet. The wall shall be located within a
landscaped buffer as specified in section 2.4.7. All walls shall be protected
by a barrier to prevent vehicles from contacting them.
f. Architecture. The building shall maintain a consistent architectural theme
along each building facade.
g. Noise. A carwash shall be subject to Ordinance No. 90 -17, Collier County
Noise Control Ordinance [Code ch. 54, art. IV].
h. Washing and polishing. The washing and polishing operations for all car -
washing facilities, including self - service car washing facilities, shall be
enclosed on at least two sides and shall be covered by a roof. Vacuuming
facilities may be located outside the building, but may not be located in
any required yard area.
i. Hours of operation. Carwashes abutting residential districts shall be closed
from 10:00 p.m. to 7:00 a.m.
5. Building construction -- general contractors (groups 1521 -- 1542).
6. Building materials (groups 5211 -- 5261).
7. Business services (groups 7311 - -7353, 7359,7389 contractors' disbursement,
directories - telephone, recording studios, swimming pool cleaning, and textile
designers only).
8. Construction -- special trade contractors (groups 1711 - -1793, 1796, 1799).
9. Education services (groups 8243 -- 8249).
10. Motor freight transportation and warehousing (4225 mini- and self - storage
warehousing only).
11. Fishing, hunting and trapping (groups 0912- 10919).
12. Glass and glazing work (1793).
13. Crematories (7261).
14. Justice, public order and safety (groups 9211, 9221, 9222, 9224, 9229).
15. Local and suburban transit (groups 4111 -4121).
2_�
AGENDA ITEM
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x.41
16. Mobile home dealers (5271).
17. Miscellaneous repair services (groups 7622 -- 7699).
18. Outdoor storage yard, provided outdoor storage yard not be located closer than
25 feet to any public street and that such yard shall be completely enclosed,
except for necessary ingress and egress, pursuant to the requirements of
Section 2.2.151/2.6 of this Code. This provision shall not allow as a
permitted or accessory use, wrecking yards, junkyards, or yards used in
whole or part for scrap or salvage operations or for processing, storage,
display, or sales of any scrap, salvage, or secondhand building materials,
junk automotive vehicles, or secondhand automotive vehicle parts.
19. Printing, publishing, and allied industries (groups 2711, 2721).
20. Transportation services (groups 4724 -- 4729).
2.2.151/2.3. Conditional uses for C -5. The following uses are permissible as conditional uses in
the heavy commercial district (C -5), subject to the standards and procedures
established in division 2.7.4.
1. Agricultural services (groups 0741 - -0742, 0752, with outdoor kenneling).
2. Amusement and recreation services, outdoor (groups 7948, 7992, 7996, 7999).
3. Bottle clubs. (All establishments engaged in the retail sale of alcoholic
beverages for on- premise consumption are subject to the locational
requirements of section 2.6.10.)
4. Child day care services (8351), provided:
a. All areas and surfaces readily accessible to children shall be free of toxic
substances and hazardous materials. This shall include all adjacent and
abutting properties lying within 500 feet of the childcare center's nearest
property line.
(1) For purposes of this subsection, the following definitions shall
apply:
(a) Hazardous materials: A material that has any of the following
properties;: ignitable, corrosive, reactive and/or toxic.
(b) Toxic substances: a substance which is, or is suspected to be,
carcinogenic, mutagenic, teratogenic, or toxic to human bein s.
AGENDA ITEIA
NM-----
, N 0 8 2003
b. It shall not be located within 500 feet of the nearest property line of land
uses encompassing wholesale storage of gasoline, liquefied petroleum,
gas, oil, or other flammable liquids or gases.
c. It shall not be located on the same street customarily utilized by
construction truck traffic from asphalt plants and excavation quarries.
d. It shall have a minimum lot area of 20,000 square feet and a minimum lot
width of 100 feet.
e. It shall provide a minimum usable open space of not less than 30 percent
of the total square footage of the lot area.
f. It shall provide that all open spaces to be used by children will be
bounded by a fence of not less than five feet in height, to be constructed
of wood, masonry or other approved material.
g. It shall provide a landscape buffer in accordance with division 2.4.
h. It shall comply with the State of Florida Department of Health and
Rehabilitative Services Child Day Care Standards, Florida Administrative
Code, chapter IOM -12, effective March 11, 1986.
L Where a child care center is proposed in conjunction with, and on the
same parcel as, a facility which is a permitted use, the requirements set
forth in subparagraphs a through h above, with the exceptions of
subparagraphs d and e, shall be used to provide the protections to
children using the child care center intended by this section consistent
with the development of the proposed permitted use.
5. Communications (groups 4812 - -4841) with communications towers that
exceed specified height, subject to section 2.6.35.
6. Farm product raw materials (groups 5153 -- 5159).
7. Fuel dealers (groups 5983 -- 5989).
8. Homeless shelters, as defined by this Code.
9. Hotels and motels (groups 7011, 7021, 7041 when located outside an activity
center.)
10. Justice, public order and safety (groups 9223 - -9224 )
11. Kiosks.
JAN 0 8 2003
Ps
12. Local and suburban passenger transportation (groups 4131 -4173).
13. Motion picture theaters (7833, drive -ins).
14. Permitted uses with less than 700 square feet of gross floor area in the
principal structure.
15. Soup kitchens, as defined by this Code.
16. Transfer stations (4212, local refuse collection and transportation only
17. Any other heavy commercial use which is comparable in nature with the
foregoing list of permitted uses and consistent with the purpose and intent
statement of the district, as determined by the board of zoning appeals.
Zq
Na
SAN o a Zoos
Pt.±±-
Sec. 2.2.16. Industrial district (I).
2.2.16.1. Purpose and intent. The purpose and intent of the industrial district (I) is
to provide lands for manufacturing, processing, storage and warehousing, to
wholesaling, and distribution. Service and commercial war housings wholesaling, related nd
support manufacturing, processing, storage and
distribution activities, as well as commercial u esinissible in the I district. rThell
and heavy equipment sales and repair are als o p r
district corresponds to and implements the industrial anagement Plan. designation on the
future land use map of the Collier County Growth
2.2.16.2. Permitted uses. The following uses, as identified for w thiin this sStandard rd I e usrial
Classification Manual (1987), or as otherwise provided
permitted as a right, or as uses accessory to permitted uses in the industrial district (I).
2.2.16.2.1. Permitted uses.
1, Agricultural services (groups 0711, except th be a minimum of 500 crops,
fertilizer application for crops and lime spreading for crops shall
feet from a residential zoning district, except st and usting control foracrops (with
disease control for crops, spraying crops, dusting crop
or without fertilizing) shall be a minimum of 500 feet from a residential zoning district,
0722 - -0724, 0761, 0782, 0783).
2. Apparel and other finished products (groups 2311 -- 2399).
3. Automotive repair, service, and parking (groups 7513 -- 7549).
4. Barber shops (rou 7241).
5. Beauty shops or salons (7231).
6. Building construction (groups 1521 -- 1542).
7. Business services (groups 7312, 7313, 7319, 7334 - -7336, 7342 - -7389, including
auction rooms (5999), subject to parking and landscaping for retail use).
8. Communications (groups 4812 - 4899 including communications towers up to
specified heights, subject to section 2.6.35).
9. Construction -- Special trade contractors (groups 1711 -- 1799).
10. Depository and nondepository institutions (groups 6011 -- 6163).
30
3arr8, 2OO 3
Po,gm& OA
11. Eating places (5812).
12. Educational services (8243 -- 8249).
13. Electronic and other electrical equipment (groups 3612 -- 3699).
14. Engineering, accounting, research, management and related services (groups 8711-
- 8748).
15. Fabricated metal products (groups 3411 - -3479, 3491 -- 3499).
16. Food and kindred products (groups 2011- -2099 except slaughtering plants).
17. Furniture and fixtures (groups 2511 -- 2599).
18. General aviation airport.
19. Gunsmith shops (group 7699) with accessory shooting range for testing and
training except for outdoor shooting ranges.
20. Heavy construction (groups 1611 -- 1629).
21. Health services (8011 accessory to industrial activities conducted on -site only).
22. Industrial and commercial machinery and computer equipment (3511 -3 -599).
23. Leather and leather products (groups 3131 -- 3199).
24. Local and suburban transit (groups 4111 -4173).
25. Lumber and wood products (groups 2426, 2431 -- 2499).
26. Measuring, analyzing, and controlling instruments; photographic, medical and
optical goods; watches and clocks (groups 3812 -- 3873).
27. Membership organizations (groups 8611, 8631).
28. Miscellaneous manufacturing industries (groups 3911 -- 3999).
29. Miscellaneous repair services (groups 7622 - -7699) with no associated retail sales.
31 av-, 8 , Zoo 3
PogE g4r3
30. Motor freight transportation and warehousing (groups 4212, 4213 - 4225, 4226
except oil and gas storage, and petroleum and chemical bulk stations).
31. Outdoor storage yards pursuant to the requirements of section 2.2.15 1/2.6.
32. Paper and allied products (2621 -- 2679).
33. Personal services (groups 7211 -- 7219).
34. Physical fitness facilities (group 7991).
35. Printing, publishing and allied industries (groups 2711 -- 2796).
36. Railroad transportation (4011, 4013).
37. Real estate brokers and appraisers (6531_1_6552).
38, Rubber and miscellaneous plastics products (groups 3021, 3052, 3053).
39. Stone, clay, glass, and concrete products (groups 3221, 3251, 3253, 3255- -3273,
3275, 3281)
ups 2211 - -2221, 2241 - -2259, 2273 - -2289, 2297, 2298)•
40. Textile mill products (gro
41. Transportation equipment (groups 3714, 3716, 3731, 3732, 3751, 3761, 3764,
3769, 3792, 3799).
42. Transportation by air (groups 4512 -- 4581).
43. Transportation services (groups 4724 - -47835 4789 except stockyards).
44. United States Postal services (4311).
45. Welding repair (7692).
46. Wholesale trade -- Durable goods (groups 5012- -5014, 5021- -5049, 5063- -5092,
5094 -- 5099).
47. Wholesale trade -- Nondurable goods (groups 5111- -5159, 5181, 5182, 5191) except
that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides shall be a
minimum of 500 feet from a residential zoning district (5192 -- 5199).
48. Any other use which is comparable in nature with the foregoing uses and is
otherwise clearly consistent with the intent and purpose statement of the district.
2DO3
Q�q� q 4 C
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Donald A. Schneider, Principal Planner
DEPARTMENT: Planning Services
LDC PAGE: LDC2: 70 -84
LDC SECTION: 2.2.20
CHANGE: Complete re -write of the entire section.
REASON: The current planned unit development district (PUD) LDC
requirements do not adequately address the development needs.
More information and details are necessary to determine that
planned unit developments are compatible internally and
externally.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: This amendment will not have an
impact on the Growth Management
Plan.
Amend the LDC as follows:
Sec. 2.2.20. Planned Unit development district (PUD)
2.2.20.1 Purpose and intent. The purpose and intent of establishing the planned
unit development district (PUD) is to provide procedures and standards to
encourage mixed use planned developments that may be situated at
appropriate locations, or planned developments that may or may not be
mixed use in the urban fringe areas, all in accordance with the planning
and development objectives of the county under the code and growth
management plan. It is further the purpose and intent of these PUD
regulations to encourage ingenuity, innovation and imagination in the
planning, design, and development or redevelopment of relatively large
tracts of land under unified ownership or control. PUDs produced in
compliance with the terms and provisions of this code and the growth
management plan may depart from the strict application of setback,
and minimum lot requirements of conventional zoning districts whit i
�� I J�N 0 82003
maintaining minimum standards by which flexibility may be
accomplished, and while protecting the public interest, se thm in order to:
1. Provide A a e}ere creative, economical approach may be takeff to
improve the quality of the built environment the development of
contiguous tracts of land, which will and -te encourage development of
infill parcels of contiguous tracts of land in certain circumstances.
2. Create A a mefe desirable environment providing for consistency and
visual harmony may be ed than that which would be
possible through strict application of the minimum requirements of
this code.
3. Encourage patterns of land use that support economical provisions of
infrastructure Land may be used more effieiendy, resulting in smaller
networks of utilities and streets with consequent lower construction
and future maintenance costs.
4. Evaluate Tthe impact of a particular PUD on the present and projected
population, economy, land use pattern, tax base, street system, and
public facility networks(s) of the county may be eafefully evaW
relative to the various costs and benefits that may be associated with
such development.
5. Assure that Tthe development employs techniques featuring amenities
and excellence in the form of variations in siting, mixed land uses
and/or varied dwelling types, as well as adaptation to and conservation
of the topography and other natural characteristics of the land
involved. Exceptions to variations in siting, mixed land uses and/or
varied dwelling types may be granted on PUD infill development.
The maximum density permissible in the PUD district and the urban
mixed use land use designation shall be guided, in part, by the density
rating system contained in the future land use element of the Collier
County growth management plan. The density permissible or permitted in
a PUD a district shall not exceed the density permissible under the density
rating system, except as permitted by policies contained in the future land
use element. Anything to the contrary notwithstanding, all PUD
development shall be consistent with the Collier County growth
management plan.
2.2.20.2 General.
2.2.20.2.1 Relation of planned unit development regulations to the growth
management plan, zoning, subdivision, or other applicable regulatia
All applications for PUDs shall be in full compliance with the future
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JAN 0 8 2003
use element and the goals, objectives, and policies of all elements of the
growth management plan. All development regulations, including overlay
districts or special development standards for specific land use types, or
the like and supplemental regulations and other applicable provisions of
all county ordinances such as but not limited to, all provisions of the
Collier County land development code, as may be amended, shall apply
unless specifically modified by the approved PUD document and PUD
master plan. An applicant for a PUD rezoning shall indicate on the official
PUD rezoning application and within the PUD document the LDC section
numbers the sRecific regulation and the proposed modification to such
regulation in a standard format established by the Planning Services
Director. PUD site development plans and final plats shall be in
compliance with all applicable regulations in force at the time of their
gpproval.
2.2.20.2.2 Establishment of planned unit development districts. PUD districts shall
hereafter be established by amendment of the official zoning atlas
according to the procedures established in division 2.7 and requirements
established herein.
2.2.20.2.3 Planned unit development districts application processing. An application
for a planned development rezoning amendment or change will be
considered "open' when the determination of "sufficiency" has been made
and the application is assigned a petition processing number. An
gpplication for a planned development rezoning, amendment or change
will be considered "closed" when the petitioner withdraws the subject
application through written notice or ceases to. supply necessary
information to continue processing or otherwise actively pursue the
rezoning for a ,period of six (6) months. An application deemed "closed"
will not receive further processing and an application "closed" through
inactivity shall be deemed withdrawn. The Planning Services Department
will notify applicant of closure however, failure to notify by the County
shall not eliminate the "closed" status of a petition. An application
deemed "closed" may re- opened by submitting a new application,
repayment of all application fees and rg anting of a determination of
"sufficiency". Further review of the project will be subject to the then
current code.
2.2.20.2 -3.4 Unified control. All land included for purposes of rezoning to a
develepment within the PUD zoning district shall be owned or under the
control of the applicant f sueh zening desig eAie ff whether that
applicant be an individual, partnership or corporation, or a group of
individuals, partnerships or corporations. The applicant shall present
competent substantial evidence of the unified control of the entire prm
Na__
5 I JAN �zaa3
pg..
within the proposed PUD district and shall state agreement that if he
proceeds with the proposed development, he will:
1 Notify the planning services department in writing of any change in
ownership control and/or appellation of the development.
4-.2. Do so in accordance with:
a. The PUD master plan of development officially adopted for the
district;
b. Regulations and development standards as set forth in the PUD
document and PUD master plan;
c. Such other conditions or modifications as may be attached to
the rezoning of land to the PUD classification; and
d. The Collier County growth management plan and Land
Development Code;
3.3.Provide written agreement, contracts, deed restrictions, or sureties
acceptable to the county for completion of the undertaking in accord
with the adopted PUD master plan as well as for the continuing
operation and maintenance of such areas, functions and facilities that
are not to be provided, operated or maintained at general public
expense; and
3.4.Bind his successors in title to any commitments made under section
2.2.20.
2.2.20.2.5 Minimum area required. The minimum area required for a PUD shall be
ten contiguous acres except as otherwise provided for within a specific
zoning or overlay district, or when located within an activity center or
within the urban fringe areas as designated on the future land use map of
the growth management plan where no minimum acreage requirements
must be met. For infill parcels, as defined in article 6 and the growth
management plan, the minimum area required for a PUD shall be two
contiguous acres. For purposes of the planned unit development district
only, the term "contiguous" shall include properties separated by either an
intervening planned or developed public street right -of -way; provided,
however, no portion of such separated properties shall be less than five
acres.
2.2.20.23.6 Development planning — External relationships. Development withi
PUD district shall be compatible with established or planned uses of
surrounding neighborhoods and property. The PUD shall provide
3 (�
AGENDA ITEM
JAN 0 82003
ft
protection of the development from potentially adverse surrounding
influences and protection of surrounding area from potentially adverse
influences generated by or within the PUD. Such protection shall include,
but is not limited to, adequate buffering and screening as follows: fences,
walls, or vegetative screening at the boundaries of PUD districts shall be
provided at a minimum, in accordance with the landscaping/buffering
requirements of division 2.4 to protect residents from undesirable views,
lighting, noise or other adverse off -site influences, or to protect residents
of adjoining districts from similar possible influences from within the
PUD district. In all cases, screening shall at a minimum, be designated to
protect existing or potential first -floor residential occupant window levels.
Off - street parking areas for five or more cars, service areas for loading or
unloading vehicles other than passengers, and areas for storage and
collection of trash and garbage shall be so screened.
2.2.20.2:6.7 Development planning — Internal relationships. The development plan for
a PUD district shall provide for safe, efficient, convenient, and
harmonious grouping of structures, uses and facilities, and for appropriate
relation of space inside and outside buildings to intended uses and
structural features.
2.2.20.3 Development standards. In addition to all general provisions and
procedures established in section 2.2.20.2, the following specific
requirements, limitations and standards shall apply to all PUD districts
except that section 2.2.20.3.1 shall not apply when there is no residential
component within the PUD and section 2.2.20.3.15 shall not apply when
there is no industrial component in the PUD.
2.2.20.3.1 Maximum intensities and residential densities.
1.
Maximum residential density permissible for the overall PUD shall be
guided, in part, by the density rating system contained in the future
land use element of the growth management plan. The overall
maximum residential density permissible or permitted in a PUD shall
be calculated by dividing the total number of dwelling units by the
total of gross acreage of the proposed PUD excluding the acreage of
the areas designated for commercial, industrial, or other land use
having an established equivalent residential density in this Land
Development Code. The maximum density permissible or permitted
in a PUD shall not exceed the density permissible under the density
rating system, or applicable policies contained in the future land use
element. Land use intensities for nonresidential uses shall be governed
by provisions of the most similar use district or as otherwise provided
in these regulations. F
3�
No.__—
JAN 0 8 2003
P9-_!±1_
2. Maximum density. The maximum residential density permissible shall
be guided, in part, by the density rating system contained in the future
land use element of the growth management plan. The maximum
density permissible or permitted shall not exceed the density
permissible under the density rating system, except as permitted by
policies contained in the future land use element.
3. The board of county commissioners may lessen density or intensity of
development when it has been determined that development to the
maximum density or intensity permissible in section 2.2.20.3.1.1
would:
a. Create inconvenient or unsafe access to the PUD; or
b. Create traffic congestion in the streets which adjoin or lead to
the PUD; or
c. Place a burden on parks, recreational areas, schools, and other
facilities which serve or are proposed to serve the PUD; or
d. Be in conflict with the intent or provisions of the growth
management plan; or
e. Create a threat to property or incur abnormal public expense in
areas subject to natural hazards; or
f. Be incompatible or inconsistent with surrounding
neighborhoods or areas; or
g. Otherwise be inappropriate.
AGENDA ITEM
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JAN 0 8 2003
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Relocate 2.2.20.13. to 2.2.20.4.5
Relocate 2.2.20.14. to 2.2.20.4.6.1.
2.2.20.3.3. Minimum dimensional standards within a PUD. Except as provided for
within the industrial and neighborhood village center component of this
section, dimensional standards within any tract or increment of the
proposed PUD shall conform to the minimum dimensional and other
standards of the zoning district to which it most closely resembles in type,
density, and intensity of use. Where there is uncertainty, the more
restrictive standards shall apply. Variation from these minimum
dimensional standards may be approved if the PUD demonstrates unique
or innovative design. For purposes of this section, examples of unique and
innovative design may include, but are not limited to:
1. Providing usable common open space within individual tracts or
increments to offset and compensate for decreases in typical lot sizes
or yard requirements.
2.
Providing for public access to open space areas beyond the boundaries
of the property. 11 Aar
0
Na.,,,__.____
JAN 0 8 2003
ft 52
i -
Relocate 2.2.20.13. to 2.2.20.4.5
Relocate 2.2.20.14. to 2.2.20.4.6.1.
2.2.20.3.3. Minimum dimensional standards within a PUD. Except as provided for
within the industrial and neighborhood village center component of this
section, dimensional standards within any tract or increment of the
proposed PUD shall conform to the minimum dimensional and other
standards of the zoning district to which it most closely resembles in type,
density, and intensity of use. Where there is uncertainty, the more
restrictive standards shall apply. Variation from these minimum
dimensional standards may be approved if the PUD demonstrates unique
or innovative design. For purposes of this section, examples of unique and
innovative design may include, but are not limited to:
1. Providing usable common open space within individual tracts or
increments to offset and compensate for decreases in typical lot sizes
or yard requirements.
2.
Providing for public access to open space areas beyond the boundaries
of the property. 11 Aar
0
Na.,,,__.____
JAN 0 8 2003
ft 52
3. The use(s) occurring within the PUD are such that compatibility with
surrounding uses can be assured by applying different requirements
than would be applicable under another zoning district.
4. Providing places for public assembly such as parks and plazas, which
are linked together and centrally located to ensure accessibility.
5. Siting buildings and dwelling units to provide optimum access to open
space areas.
6. Providing for the integration and preservation of natural resources with
development, through conservation of natural resources such as
streams, lakes, floodplains, groundwater, wooded areas and areas of
unusual beauty or importance to the natural ecosystem.
7. Providing certain personal services, offices and convenience shopping
goods to residents of the PUD having the effect of reducing the
number of vehicular trips for these purposes to destinations outside of
the PUD.
Submission of schematic architectural drawings, site plans, floor plans
elevations, and perspectives which shall graphically demonstrate the
proposed reduction in dimensional standards for all proposed land use
types and their accessory uses within the PUD shall also be required to
provide support documentation for reduction in the minimum standards of
the zoning code.
Where required side yard setbacks are permitted to be zero, a site
improvement plan, pursuant to section 3.3.8, of this Code shall be
approved prior to issuance of a building permit.
2.2.20.3.4 Off - street parking and off - street loading requirements. Off -street parking
and off -street loading requirements shall be as for comparable type,
density and intensity of uses established in section 2.2.20.3.3. No parking
spaces on or within any public or private road or travel way shall be
counted in fulfilling the required number of spaces. Landscaping for
vehicular areas shall be as established in division 2.4.
2.2.20.3.5 Usable open space requirements. Within PUD districts composed entirely
of residential dwelling units and accessory uses, at least 60 percent of the
gross area shall be devoted to usable open space. Within PUD disrMT
AGENDA
ffM
JAN 0 8 2003
containing commercial, industrial and mixed use including residential, at
least 30 percent of the gross area shall be devoted to usable open space.
Usable open space shall include active and passive recreation areas such
as playgrounds, golf courses, lakes, both natural and manmade, beach
frontage, waterways, lagoons, floodplains, nature trails, and similar open
spaces. Open water areas beyond the perimeter of the site, internal street
rights -of -way, driveways, off - street parking areas, and off -street loading
areas shall not be counted in determining usable open space.
2.2.20.3.6 Dedication of usable open space. An appropriate percentage of the gross
project area shall be required to be dedicated to public use as usable open
space for all development after a determination by the board of county
commissioners that a public need exists for such public facilities and that
the amount of area dedicated is directly related to the impacts or needs-
created by the proposed development.
2.2.20.3.7 Dedication of the public facilities and development of prescribed
amenities.
Public facility dedication. The board of county commissioners
may, as a condition of approval and adoption of a PUD rezoning
and in accordance with the approved master plan of development,
require that suitable areas for streets, public rights -of -way, schools,
parks, and other public facilities be set aside, improved, and/or
dedicated for public use. Where impact fees are levied for one or
more required public facilities, the market value of the land set
aside for the public purpose may be credited -towards such impact
fees to the extent authorized by the county's Consolidated Impact
Fee Ordinance. Said credit shall be based on a negotiated amount
no greater than the market value of the set aside land prior to the
rezoning action, as determined by an accredited appraiser from a
list approved by Collier County. Said appraisal shall be submitted
to the county attorney's office and the real property office within
90 days of the date of approval of the rezoning, or as otherwise
extended in writing by the county manager, so as to establish the
amount of any impact fee credits resulting from said dedication.
Failure to provide said appraisal within this time frame shall
automatically authorize the county to determine the market value
of the set aside property. Impact fee credits shall only be effective
after recordation of the document conveying the dedicated property
to Collier County. Where the term Collier County is used in this
section, it shall be construed to include the Collier County Way ter
JAN 0 8 2003
and Sewer District or other agency or dependent district of Collier
County Government.
Land set aside and/or to be improved as committed in the PUD
document, or master plan, as the case may be, shall be deeded or
dedicated to Collier County within 90 days of receipt of
notification by the county that the property is needed for certain
pending public improvements or as otherwise approved by the
board of county commissioners during the PUD rezoning approval
process. In any case, however, the county shall take title to the set
aside property, at the latest, by a date certain established during,
and conditioned on, the approval of the PUD zoning. At no cost to
the county, the land set aside and/or to be improved shall be made
free and clear of all liens, encumbrances and improvements, except
as otherwise approved by the board. Failure to convey the deed or
complete the dedication within the appropriate time frame noted
above may result in a recommendation to the board of
consideration of rezoning the subject parcel from its current PUD
zoning district to an appropriate zoning district and may result in a
violation of this Code pursuant to subsection 1.9.2.
Should said dedication of land also include agreed upon
improvements, said improvements shall be completed and accepted
by the Collier County Board of Commissioners at the development
phase which has infrastructure improvements available to the
parcel of land upon which said improvements are to be made, or at
a specified time provided for within the PUD document.
2.2.20.3.8 Common open space or common facilities. Any common open space of
common facilities established by an adopted master plan of development
for a PUD district shall be subject to the following:
1. The PUD shall provide for and establish an organization for the
ownership and maintenance of any common open space and/or
common facilities, and such organization shall not be dissolved nor
shall it dispose of any common open space or common facilities, by
sale or otherwise, except to an organization conceived and established
to own and maintain the common open space or common facilities.
However, the conditions of transfer shall conform to the adopted PUD
master plan.
2. In the event that the organization established to own and maintain
common open space or common facilities, or any successor
organization, shall at any time after the establishment of the PUD fail
to meet conditions in accordance with the adopted PUD master plan of
development, the development services director may serve writte
Z4 1
1 JAN 0 8 2003
P95-5-�--
notice upon such organization and/or the owners or residents of the
planned unit development and hold a public hearing. If deficiencies of
maintenance are not corrected within 30 days after such notice and
hearing, the development services director shall call upon any public
or private agency to maintain the common open space for a period of
one year. When the development services director determines that the
subject organization is not prepared or able to maintain the common
open space or common facilities, such public or private agency shall
continue maintenance for yearly periods.
3. The cost of such maintenance by such agency shall be assessed
proportionally against the properties within the PUD that have a right
of enjoyment of the common open space or common facilities and
shall become a lien on said properties.
2.2.20.3.9 Preservation and protection of desirable natural historic or
archaeological features. The desirable natural, historic, or archaeological
features of the site including trees and other vegetation of consequence of
a PUD district shall be preserved and protected. The disturbance of terrain
or vegetation in a manner likely to significantly increase either wind or
water erosion within or adjacent to the PUD district is prohibited.
2.2.20.3.10 Utilities. Within [the] residential portion of a PUD district, all utilities,
including telephone, television cable, and electrical systems, shall be
installed underground; provided, however, appurtenances to these systems
which require aboveground installation must be opaquely screened and
thereby may be exempted form these requirements; and primary facilities
providing service to the site of the development or necessary to service
areas outside the district may be exempted from this requirement.
2.2.20.3.11 Streets, drives, parking and service areas. Streets, drives, parking, and
service areas shall provide safe and convenient access to dwelling units
and project facilities, and for service and emergency vehicles; but streets
shall not be so laid out as to encourage outside traffic to traverse the
development on minor streets, nor occupy more than is required to provide
access as indicated, nor create unnecessary fragmentation of the
development into small blocks, nor shall streets be laid out or constructed
so as to require excessive cuts or fills or to interfere with desirable
drainage in or adjacent to the district. In addition, all major arteries as
shown on the master plan of development shall be limited access facilities
and the only vehicular access thereto shall be public streets unless
otherwise provided for within the approved PUD master plan. AGENDMAM
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JAN 0 8 2003
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1. Principal vehicular access points shall be designed to encourage
smooth traffic flow and minimize hazards to vehicular or pedestrian
traffic. Merging and turn lanes and/or traffic dividers shall be required
where existing or anticipated heavy traffic flows indicate need. The
interconnection of collector and local streets within the PUD to
adjacent lands or developments shall be required except where
determined by the transportation services department director that an
interconnection is not feasible or warranted due to existiniz
development patterns transportation network needs, or the like. ei*eept that the 1}nterconnection of local streets shall be
designed to�discourage through traffic, and not adversely impact local
streets in the neighboring residential areas. Where streets within the
district intersect adjoining streets, a visibility triangle shall be
maintained.
2. All streets or roads within the PUD shall be public unless specifically
identified and approved as private on the PUD master plan, and shall
comply with all requirements for streets and roads as contained in
division 3.2.
2.2.20.3.12. Signs, limitations. Signs shall be in accordance with division 2.5.
2.2.20.4. PUD districts The purpose and intent behind establishing and identifying the
followine classifications is to identify a relationship between a proposed PUD and the
other zoning districts within the LDC The goal is to relate the purpose and intent of the
PUD zoning district and the uses permitted within a PUD to defined zomna districts
within the LDC and to establish apgrg9nate uses and performance standards within the
PUD which are similar to those allowed by the most similar district(s). PUDs shall
hereafter be defined by the followinR districts and shall be referenced as such within the
PUD document:
2 2 20 4 1 Residential planned unit development district. This district is
intended to further the general purpose of planned unit development set forth
in Section 2 2 20 as it relates to residential areas The principal use of any
residential planned development is for human habitation in permanent and/or
seasonal ear -round dwelling units. The RPUD district shall be construed to
include the following districts: RSF -1 RSF -2 RSF -3 RSF-4 RSF -5 RSF -6
RMF -6 RMF -12 RMF -16 RT VR AND MH.
2.2.20.4.2. Community facilities lanned unit development district. This
district is intended to accommodate public facilities institutional uses, open
-- A-- --A--t naac and nthAtr'
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1 JAN 0 82003
Zi -S P9317
governmental religious and community service activities which complement
and are necessary to other zoning districts.
2.2.20.4.3. Commercial planned unit development district. This district shall be
constructed to include the following: C -1 C -2 C -3, C -4 C -5 and TTRVC.
Accessory uses which may be permitted in the commercial planned unit
development district include permanent and/or seasonal human habitation in
multiple family buildings and townhouses transient housing in hotel or motel
rooms health care facilities and other limited institutional uses.
2.2.20.4.4. Industrial planned unit development district. This district is
intended to accommodate industrial development The principal use of any
industrial planned unit development is the manufacture of goods, materials and
the storage /wholesale distribution of such goods or materials.
(The following text was relocated from 2.2.20.13.1
2.2.20.4.5. Special requirements, for industrial planned unit developments.
Industrial PUDs intended to implement the industrial under criteria sub
district as provided for in urban designated areas on the future land use
map The boundaries of the proposed PUD must be transitional, therefore,
requiring uses along he perimeter to be compatible with nonindustrial
uses The project must have direct access to an arterial street, with an
internal circulation system that prohibits industrial traffic from traveling
though predominantly residential areas The PUD must have central water
and sewer, and shall not generate light noise or odors so as to be
incompatible with surrounding land uses Minimum development
standards shall be as described within this section Special requirements
for industrial planned unit developments In industrial PUDs, no building
or structure or part thereof shall be erected, altered or used, or land or
water used in whole or in part for other than as described below.
1. Permitted principal uses and structures.
a. Corporate headquarters.
b. Laboratories.
c. Light manufacturing processing and packaging.
d. Medical laboratories, clini
and rehabilitative centers.
No.
14 � I JAN 0 2003
68
e. Printing litho rag_,yhing and publishing.
f. Technological research design and product development.
2. Permitted accessory uses and structures.
a. Accessory uses and structures customarily associated with the
uses permitted in this district.
b. _Recreational facilities such as a health spa handball courts and
or other similar recreational activities.
c. Restaurants or offices available for use by the public or by
employees of businesses located within the permitted and
accessory use buildings.
d. Childcare centers.
e. Wholesale and storage as accessory to the principal use.
f. Retail sales and/or display areas as accessory to the principal
use not to exceed and area greater than ten percent of the gross
floor area of the permitted principal stricture.
3. Development standards.
a. Minimum PUD area Ten acres except that a PUD less than
ten acres but not less than two acres in size may be considered
if it meets the requirements for infill parcels in this Code and
the growth management plan and is compatible with
surrounding land uses.
b. Minimum lot area. One acre.
c. Minimum lot width. 150 feet.
d Minimum yard requirements.
(1) Front yard. 50 feet.
(2) Side yard • 20 feet except when abutting residentially
zoned proWrty then 50 feet.
(3) Rear yard: 50 feet.
e. Maximum hei ht of structures. 65 feet except when ab ttina
residentially_ property then 35 feet. AGENDA ITEM
z4 -1 I JAN 0 8 2003
ft • 51�
f Landscape buffer areas As required in division 2.4.
g Fence requirements When required a fence shall be of
masonry, wood concrete block or decorative iron or steel.
h. [Outside storage or display.] No outside storage or display shall
be permitted. All manufacturing, processing and packing shall be
conducted within a fully enclosed building.
i Usable open mace requirements 30 percent of the gross PUD
area.
Performance standards.] Environmental controls
soundmoofing lighting and emission controls shall be required to
miti ag to impacts of the development on surrounding residential
ro rt .
2.2.20.4.5 Airport operations planned unit development district (AOPUD) This
district is intended to accommodate and regulate those lands where public
airports and ancillau facilities are conducted.
2.2.2).4.6 Mixed use planned unit development district (A PUD) This district is
intended to accommodate a planned unit development with a more than
one type of PUD district. The PUD document shall define the mixture of
PUD districts as set forth in this section.
2.2.20.4.6.144 Special requirements for mixed use planned unit developments containing
commercial component. When a r-esideafi— use PUD containing a
commercial tract or increment is located outside of an activity center, and
is intended as a neighborhood village center offering personal services,
offices and convenience goods for residents of the PUD, as provided for in
the PUD Neighborhood Village Center sub district of the Future Land Use
Element of the growth management plan, the following list of uses,
regulations, development standards, and design guidelines shall apply.
1. Land area requirement. The gross acreage of the neighborhood
village center shall be sized in proportion to the number of housing
units authorized in the PUD as follows. The maximum size shall be 15
contiguous acres.
No.______ --
JAN 0 8 2003
Ps
y8
IM
No. Of Dwelling Units
Maximum size of Neighborhood Village Center (Acres)
250 through 400
1.5
401 through 550
2.5
551 through 700
3.5
701 through 850
4.5
851 through 1,000
5.5
1,001 through 1,150
6.75
1,151 through 1,300
8
1,301 through 1,450
9.5
1,451 through 1,700
11
1,701 through 1,850
12.5
1,851 through 2,000
14
2,001+
15
2. Maximum floor area ratio: 0.25 for the commercial component
3. Permitted uses:
1. Commercial uses.
Major Category
Specific uses:
a.
Groups 6021 -6029
Commercial banks — Drive - through
facilities are prohibited.
b.
Group 6531
Real estate agents and managers for
property within PUD only.
c.
Group 5251
Hardware store only — 2,500 sq. ft.
maximum floor area.
d.
Group 5331
Variety stores — 2,500 sq. ft.
maximum floor area.
e.
Group 5399
Miscellaneous general merchandise
stores, except catalog showrooms —
2,500 sq. ft. maximum floor area.
f.
Group 5411
Grocery stores, except frozen flood
and freezer plan [t]s 10,000 sq. ft.
maximum floor area.
g.
Group 5421
Fish, meat, and seafood markets
only.
h.
Group 5431
Fruit and vegetable markets.
i.
Group 5461
Retail bakeries
j.
Group 5499
Health food store only — 2,500 sq. ft.
maximum floor area.
Major Category
Specific uses:
k.
Group 5541
Gasoline service stations, exc
t
truck stops.
JAN 0 8 2003
M
y q (a,
Major Category
Specific uses:
1. Groups 5611 — 5661
Apparel and accessory stores.—
2,500 s . ft. maximum floor area.
m. Group 5735
Record and prerecorded tae stores.
n. Group 5812
Eating places, except caterers and
industrial and institutional food
service establishments, dinner
theaters, drive -in restaurants and
restaurants with drive- through
facilities.
o. Group 5921
Li uor stores.
p. Group 5947
Gift, novelty, and souvenir shops
q. Group 5949
Sewing, needlework, and piece
,goods stores.
r. Group 5992
Florists
s. Group 7212
Agents for laundries and drycleaners
only.
t. Group 7215
Coin — operated laundries and dry-
cleaning.
u. Group 7219
Diaper service, and garment
alteration and repair shops only.
v. Group 7231
Beauty shops, except beauty schools
and cosmetology schools.
w. Group 7241
Barber shops, except barber
colleges.
x. Group 7299
Depilatory salon, electrolysis,
massage parlor, shopping service for
individuals, and tanning salons only.
y. Group 7349
Housekeeping and maid service
only.
z. Group 7841
Video tape rental.
aa. Group 7991
Physical fitness facilities.
bb. Groups 8011 -8021
Offices and/or clinics of physicians,
and offices and/or clinics of dentists.
cc. Group 8041
Offices and clinics of chiropractors-
4.
2. Non - commercial uses: In addition to the above commercial
uses, the neighborhood village center may also contain
recreational facilities and other amenities of the PUD, such as a
clubhouse, community center or day care center.
Unified plan of development and common ownership. The
neighborhood village center shall be a unified, and architecturally
integrated, plan of development with common ownership of all of
property that comprises the neighborhood village center. F_
Na
50 1 JAN 0 8 2003
ft
5. Location criteria and functional operation. The following locational
criteria and functional operating characteristics shall characterize the
neighborhood village center:
a. The neighborhood village center must be internally located within
the PUD such that the site has no direct access to roads external to
the PUD. The center must be located a minimum of 660 feet from
the nearest external roadway providing access to the PUD. The
center must be located a minimum of 330 feet from the perimeter
boundaries of the PUD.
b. The neighborhood village center shall be located within a 1,760 -
foot radius (1/3 mile) of at least 80 percent of the total number of
approved residential units.
c. The neighborhood village center shall be pedestrian- friendly
meaning minimal dependency upon access by automobiles and
with location and design to encourage pedestrian access, which
shall be reflected in the pedestrian walkway system for the entire
PUD.
6. Off - street parking and design. In recognition of the pedestrian-
friendly design of the neighborhood village center, as required in
section 2.2.20.14.5.c., the number of required off -street parking spaces
shall only be 50 percent of that required by section 2.3.16 of the Land
Development Code. However, the number of off -street parking spaces
provided shall not exceed 75 percent of that required by section 2.6.13.
In all other respects, off - street parking areas shall be designed in
accordance with the provisions of divisions 2.3 and 2.4 of this Code.
7. Design guidelines. The neighborhood village center shall be subject
to, and in compliance with, the design guidelines identified in division
2.8 of this Code except as otherwise excepted or required herein.
8. Signs. A unified sign plan shall be submitted and made a part of the
approval for the neighborhood village center site development plan.
The approved unified sign plan will establish signage specifications
and will therefore become the sign regulations that will apply to the
neighborhood village center. The unified sign plan shall adhere to
section 2.8.3.6.2.1 of this Code, except that pole signs are prohibited.
Signs shall be designed so that their size and location are pedestrian-
oriented.
9. Phasing of development. No commercial building construction in the
neighborhood village center shall be allowed until building F-
5 I JAN�2003
constriction has commenced on at least 30 percent of the residential
dwelling units in the PUD.
2.2.20.4.7 Research and technology park planned unit development district) This
district is intended to accommodate a planned unit development with a
mixture of targeted industry uses — aviation/aerospace, health technology
industry, information technology industry, and light, low environmental
impact manufacturing industry and non - industrial uses, in accordance as
set forth in this Section 2.2.20.2.2.1 and the growth mana eg ment plan
research and technology park sub district.
1. Type A — Research and technology park in the urban-mixed use district
of the growth management _ plan.
2. Type B — Research and technology park in the urban commercial district
of the growth mana eg ment plan.
4. Type C — Research and technology park in the urban industrial district
of the growth mana eplan.
5. At a minimum, 60 percent of the total park net acreage must be devoted
to target industry uses as defined in § 2.2.20.5.1 use regulations table.
6. Non - target industries, as .defined in § 2.2.20.5.1 use regulations table,
and workforce housing, shall be permitted to include up to 20 percent of
the total park net acreage
7. Access to arterial and collector road systems shall be in accordance with
the Collier County Access Management Policy and consistent with
Objective 7 and Policy 7.1 of the Transportation Element.
2.2.20.5. Use re,Pulations table. Use regulations for research and technology park
planned development districts are as follows:
TABLE 2.2.20.5.1 USE REGULATIONS
FOR RESEARCH AND TECHNOLOGY PARK
PLANNED UNIT DEVELOPMENT DISTRICTS
LEGEND: ( -) NOT PERMITED, (P) PERMITTED, (CU) CONDITIONAL USE
(T) TARGET INDUSTRY fRTPPUD ONLY],
(NT) NON - TARGET INDUSTRY fRTPPUD ONLY]
52
JAN 0 8 2003
ps (04
Special Notes
Identified use
Or Regulation
RTPPUD
Accessory uses and structures
§2.6
P
Accounting 8721, 7521,7231,7241
NT
Administrative offices
p 2
Aircraft & Parts 3721 -3728
Aviation/Aerospace Industries
,l,
52
JAN 0 8 2003
ps (04
153
ft
JAN 0 8 2003
Pt 6L#
Special Notes
RTPPUD
Identified use
Or Regulation
ATM automatic teller machine
P
Automobile service station
§2.6.28
NT
Banks and financial establishments
Group I 6011 - 6062
NT
Group II 6081 - 6173
NT
Bar or cocktail lounge
_
Barber Shops 7241
NT
Beauty Shops 7231
NT
Boats:
NT
Boat ramps and dockage (not marinas)
§2.6.12
Boat rental
§2.6.21
Boat repair and service
§2.6.22
Boat sales
NT
Broadcast studio, commercial radio
and television
T
Business services 7311 — 7352, 7359 -7389
NT
Cable and other pay television services
4841
I
Call Center and Customer Support Activities
T
Car wash
NT
CD-ROM development
T
Clothing stores, general
NT
Communication groups 4812 -4841
T
Communication towers:
75 feet or less in height
§2.2.15.3
P
More than 75 feet in height
. .
§ 2635
CU
Computer and data processing services,
Computer related services, not elsewhere
T
classified
Consumption on premises
NT
Convenience food and beverage store
NT
Day care center, adult & child services
P/NT
Data and Information processing
T
Development testing and related
manufacturing
I
Drive- through facility for any
Permitted use
P
Drugs, Medicine 2833 -2836
T
Drugstore, pharmacy 5912
NT
Dwelling unit:
Single - family, duplex
Two-family attached
P
Townhouse, multiple - family building
P
P
Educational, scientific and research
organizations
T
Engineering 0781, 8711 -8713, 8748
NT
Export based laboratory research or testing
activities
l
Fences, walls
2.6.11
P
Food and beverage service, limited
NT
Food stores 5411 -5499
NT
Gasoline dispensing ste special
NT
General Merchandise 5331 -5399
NT
General Contractors 1521 -1542
NT
Gift and souvenir shop
NT
Hardware store 5251
NT
Health care facilities:
8011-8049
NT
8051-8099
NT
Health Technologies
T
153
ft
JAN 0 8 2003
Pt 6L#
I -- s Z �
AGENDA ITIEM
N0.
JAN 0 8 2003
(o
Notes:
(1) Subject to limitations for commercial uses set forth in
section 2.2.13.
(2) Accessory uses only
(3) Subject to CPA 2001 -5 of the Growth Management Plan
2.2.20.6. Special requirements for research and technology park planned unit
development districts:
1. Minimum lot area. 20,000 square feet.
2. Minimum lot width. 100 feet except lots abutting
arterial or collector roads shall have a minimum
frontage width of 250 feet.
3. Minimum yard requirements:
a. Front yard: 25 feet.
b. Side yard: 15 feet, except when abutting
residentially zoned property then 25 feet.
c. Rear yard: 15 feet.
d. Minimum yard requirement from any
residentially zoned or uses property 25 feet.
55
No.
JAN 0 8 2003
PS 6r7
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Donald A. Schneider II, Principal Planner
DEPARTMENT: Planning Services
LDC PAGE: LDC 2:124.30
LDC SECTION: 2.2.36
CHANGE: To amend section 2.2.36 to extend for twelve (12) months the interim development
controls (moratorium) for the Vanderbilt Beach residential tourist (RT) zoning
district.
REASON: The Vanderbilt Beach residential tourist zoning district (RT) interim development
controls, warrants an extension to allow for the additional time necessary to
continue the study of the area and prepare the land development regulations that
implement the conditions of said study.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
Section 2.2.36 Establishment of interim development controls (moratorium) for the
Vanderbilt Beach Residential Tourist (RT) Zoning District.
2.2.36.1 Purpose and intent. The purpose and intent of the interim development
controls (moratorium) for the residential tourist (RT) zoning districts in the
Vanderbilt Beach area is to restrict most development and redevelopment
to allow the county planning department to conduct an assessment of the
area and determine appropriate development standards for the area by way
of establishing an overlay district.
The Vanderbilt Beach area is unique in that it is situated on a narrow spit
of land lying to the east of the Gulf of Mexico and to the west of the
Vanderbilt Lagoon. It is served by a narrow two -lane roadway known as
Gulf Shore Drive. Presently, hotel, motel, multiple - family
No.
JAN 0 8 200
P9 69
are permitted with maximum heights of ten stories not to exceed 100 feet.
Setbacks are a function of the height of a structure.
The area has been experiencing redevelopment pressure due to its
proximity to the water. Redevelopment proposals have been planned to
maximize the use of the available land by utilizing maximum development
standards on small lots that were originally platted in the 1950's. Without
an overlay district that would establish less intense development standards,
the area would redevelop with ten story buildings on small lots on each
side of the narrow Gulf Shore Drive creating a canyon -like effect,
exacerbating already existing traffic congestion and further reducing view
corridors and light and air movement between the Gulf of Mexico and the
Vanderbilt Lagoon.
2.2.36.2 Duration. For a period not to exceed the period of time from the date of
the adoption of this amendment to the land development code to January
31, 2004. ene -(1) ye the date ef the adoption ef *As amendment te
}md deve epme t eerie, the issuance of any development orders for certain
land uses as set forth in subsection 2.2.36.4 of this code is prohibited.
2.2.36.3 Geographic scope of the Vanderbilt Beach residential tourist zoning
district area assessment. The geographic scope of the assessment area
shall be as follows:
All lands designated residential tourist (RT) in the Vanderbilt Beach area,
which are more specifically described as an area lying east of the Gulf of
Mexico, south of Bluebill Avenue together with its westerly extension to
the Gulf of Mexico, west of Vanderbilt Lagoon and north of Vanderbilt
Beach road.
2.2.36.3.1 Prohibited uses. Prohibited uses. The issuance of any development order
that would allow the following uses is hereby prohibited for a- per-ied net
exeeed the period of time from the date of adoption of this amendment to
January 31, 2004 ene -yeas perie&while the Vanderbilt Beach
residential tourist zoning district area assessment is being conducted.
1. Permitted uses.
a. Hotels and motels.
b. Multi - family dwellings.
c. Family care facilities.
d. Timeshare facilities.
e. Townhouses.
2. Uses accessory to permitted uses.
5-7
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JAN 0 8 2003
P9,Cn9'
a. Uses and structures that are accessory and incidental to the uses
permitted as of right in the RT zoning district subject to the
exemptions set forth in subsection 2.2.36.5 of this code.
b. Shops, personal service establishments, eating or drinking
establishments, dancing and staged entertainment facilities, and
meeting rooms and auditoriums when such uses are an integral
part of a hotel or motel and to be used by the patrons of the
hotel/motel.
c. Recreational facilities that serve as an integral part of a
permitted use designated on a site development plan or
preliminary subdivision plat that has been previously reviewed
and approved and involves the use of a structure which may
include, but are not limited to clubhouse, community center
building, and tennis facilities.
3. Conditional uses.
a. Churches and other places of worship.
b. Marinas.
c. Group care facilities (category I and II); care units; nursing
homes; assisted living facilities pursuant to § 400.402 F.S. and
ch. 58A -5, F.A.C.; and continuing care retirement communities
pursuant to § 651 F.S. and ch. 4 -193, F.A.C.
d. Private clubs.
e. Yacht clubs.
f. Permitted uses not to exceed 125 feet in height.
4. Variances for any of the uses listed above or any existing use in the
Vanderbilt Beach residential tourist- zoning district subject to the
exemptions set forth in subsection 2.2.36.5 of this code.
2.2.36.5 Exemptions. The following are exempt from the provisions of these
interim development controls (moratorium).
1. All building permits for the items listed in subparagraphs 2,3,4,
and 5 hereof and the items listed in subsection 2.2.36.6 hereof.
2. Residential and other uses in the Vanderbilt Beach residential
tourist (RT) zoning district assessment area for which completed
applications for rezoning, conditional uses, variances, subdivision
approvals, site development plan approvals or plats were filed with
or approved by Collier County prior to the adoption date of this
amendment. For purposes of subsection 2.2.36.5.2 hereof the term
"completed application" shall mean any application, which has
been deemed sufficient by planning services staff and has been
assigned an application request number. AGENDA rMM
No._- ______
JAN 0 8 2003
Pt•
58
Z0
3. Any development order required by the Collier County code
enforcement board or deemed necessary by the code enforcement
department director, or his or her designee, to abate any violation
or alleged violation of this land development code.
4. Uses and structures, such as but not limited to, pool enclosures,
chickees, swimming pools, cabanas boat docks and other minor
accessory structures not exceeding 35 feet in height.
5. Noncommercial boat launching facilities.
2.2.36.6 Continuation of existing uses. The restrictions on uses in the study area
during the assessment shall not affect or limit the continuation of existing
uses and include (1) those uses for which all required permits have been
issued: (2) routine repair or maintenance of an existing structure or
remodeling of such existing structure that does not result in any structural
additions or modifications such as an increase in height or building
footprint or and increase in density or intensity; or (3) the replacement or
repair of an existing use /structure occasioned by casualty loss or damage
such as fire, flood storm event, wind, earthquake, bombings, terrorist acts
and the like In the case of such casualty loss or losses, such structure(s)
may be repaired or rebuilt in accordance with the build back requirements
of Ordinance Number 98 -62, as it may be amended or superseded.
2.2.36.7 Map. The following map depicts the Vanderbilt Beach residential tourist
zoning district assessment area subject to these interim- development
controls (moratorium).
59
No.,,__
JAN 0 8 2003
ft
Map No. 2.23.5 -1
Go
Na
JAN 0 g 2003
P9.`72
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Cheryl Soter
DEPARTMENT: Planning Services
LDC PAGES: LDC 2:184.13 & 2:184.14
LDC SECTION: 2.6.9, 2.6.9.1 & 2.6.9.2
CHANGE: To remove the language for education facilities as a permitted use within
agricultural and estate zoned districts due to fact that these zoning districts are being
amended within this same amendment cycle to allow public schools as permitted use by
right in their perspective zoning districts, therefore eliminating confusion in duplication
of language within multiple sections. Clarify subsection 2.6.9.2. a.) Conditional uses to
reference subsection 2.6.9.1 for possibility of a governmental facility being a permitted
use. Replace language previously approved in last amendment cycle regarding
subsection 2.6.9.2.c.).
REASON: To clarify the essential services section and make it consistent with other
zoning districts currently being amended in this cycle and to make correction to previous
amendment that was inadvertently omitted in approved ordinance 02 -31.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
2.6.9. Essential Services.
Essential services are hereby defined as services designed and operated to provide water,
sewer, gas, telephone, electricity, cable television or communications to the general
public by providers, which have been approved and authorized according to laws having
appropriate jurisdiction, and governmental facilities. Essential services are allowed in
any zoning district subject to the following conditions:
2.6.9.1.Permitted uses. The following uses are allowed as permitted uses:
a. in every zoning district: water lines, sewer lines, gas lines, telephone lines,
telephone switching stations, cable television, electrical transmis *An n - -�--
distribution lines, substations, emergency power structures, sewage li stati MAMM
No-_____ --
JAN 0 8 2003
�J I
water pumping stations; essential service wells (including extraction facilities, and
requisite ancillary facilities,) and any other wells which have been or will be
permitted by the South Florida Water Management District or the Florida
department of environmental protection either prior to or subsequent to the
effective date of this ordinance, or if the respective well and/or well related
facility is otherwise required to be installed or constructed by law; in every zoning
district: individual private wells and septic tanks, and similar installations
necessary for the performance of these services. If any proposed well is a Collier
County owned well under the permitting jurisdiction of a Florida agency, staff,
early in the county's well permit application process, shall post sign(s) at the
county's proposed well site(s) and shall provide written notice that the county has
applied for a required well permit to property owners within 300 feet of the
property lines of the lots or parcels of land on which the applied -for well is being
sought by the county, including, if applicable, the times and places of the
permitting agency's scheduled public hearings;
b. in commercial and industrially zoned districts: other governmental facilities, as
defined by this Code, to the extent the facility or service is required by law, rule
or regulation;
C. in the agricultural and estate zoned districts the following governmental facilities:
nonresidential not - for - profit childcare, nenr-esidential edueafien faeflifies',
libraries, museums, neighborhood parks, and recreational service facilities;
d. in residentially zoned districts the following_ governmental facility neighborhood
parks.
2.69.2. Conditional uses. The following uses require approval pursuant to section 2.7.5.
as conditional uses:
a. in every zoning district: electric or gas generating plants, effluent tanks, major re-
pump stations, sewage treatment plants including percolation ponds, hospitals,
hospices, water aeration or treatment plants, governmental facilities, except as
otherwise specified by Sec. 2.6.9.1:
b. in residential, agricultural and estate zoned districts: exeept as other-wise speeified
by See. 29.1 - regional parks, community parks, safety service facilities, and
other similar facilities; , except as otherwise specified by Sec. 2.6.9.1;
C. in residential zoned districts: branch libraries.
..k
Hm_�
JAN 0 8 2003
(�9Z
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Donald A. Schneider, Principal Planner
DEPARTMENT: Planning Services
LDC PAGE: LDC2:204.5
LDC SECTION: 2.6.30
CHANGE: To remove the language allowing private developments to limit
voting access to only residents of those private developments.
REASON: As a result of the explosive growth experienced by Collier County,
and in an effort to better serve the people of Collier County the
board of county commissioners must be able to designate polling
facilities in a given geographical area that will adequately serve— ________
that area.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGUALTIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
Sec. 2.6.30. Provisions of polling places.
At the time the board of county commissioners approves a zoning request
to a planned unit development (PUD) or any other residential development
involving a project of more than 100 dwelling units, or at the time the
board of county commissioners approves a PUD amendment, any
residential project which will have a community recreation/public
building /public room or similar common facility, shall be required to
provide polling places in said community recreation/public building/public
room if a polling place is determined to be necessary by the board of
county commissioners. The board shall consider the recommendation of
the supervisor of elections in reaching such determination.
If a residential PUD or a residential project is a private development with
a restricted and/or monitored entrance which limits access to residents of
that development, their guests and necessary maintenance workers,
polling place may be required by the board to be provided in any r-1
�3
Na_.__.__,.
JAN 0 8 2003
community recreation/public building/public room or similar facility;
however, the controlling entity of that private development may not limit
the use of the polling places to the residents of that private development.
Access to the polling_ylace must be provided to all individuals arriving to
vote or work at the polling _place during official voting hours including
the time required to establish the polling place tabulate and post the
voting results.
This commitment shall be guaranteed through the following mechanism:
an agreement recorded in the official records of the clerk of the circuit
court of Collier County, which shall be binding upon any and all
successors in interest that acquire ownership of such commons areas
including, but not limited to, condominium associations, homeowner's
associations, or tenants' associations. This agreement shall provide for
said community recreation/public building/public room or similar
common facility to be used for a polling place if determined to be
necessary by the supervisor of elections. The commitment also shall be
included within the PUD document.
The supervisor of elections is responsible for arranging use of said
community recreation/public building/public room or other common
facility for a polling place with the entity who that controls said common
facility prior to the election.
�i
No.
JAN' 0' 8 2003
PS
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Donald A. Schneider II, Principal Planner
DEPARTMENT: Planning Services
LDC PAGE: LDC 2:238
LDC SECTION: 2.7.2.3.5
CHANGE: To move the public information meeting to a time after submittal
of an application. To rename the public information meeting to a
neighborhood information meeting to eliminate confusion with the
term "public hearing."
REASON: The existing LDC requirement for a public information meeting is
currently scheduled to follow the pre - application meeting and prior
to the submittal of the petitioner's application. Holding the
meeting prior to staffs' review of the application has created
problems with potentially significant changes occurring to the
project that conflict with information the public has received.
Changing the timing of the meeting to until after staff has reviewed
the application will allow more accurate information to be
provided to the public.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
2.7.2.3.5. Public participation requirements for rezonings, PUD amendments,
conditional uses, variances or parking exemptions.
1. Applicants requesting a rezoning, PUD amendment, or conditional use
approval shall conduct at least one die neighborhood informational
meeting within 30 days of receipt of County Staffs' initial review
comments on the application.
ritten notice of the meeting shall be sent to all }ropetq
�5
JAN 0 8 2003
ft-1 -7
owners who are required to receive legal notification from the county
pursuant to section 2.7.2.3.2. Notification shall also be sent to property
owners, condominium and civic associations whose members are
impacted by the proposed land use changes and who have formally
requested the county to be notified. A list of such organizations shall be
provided and maintained by the county, but the applicant shall bear the
responsibility of insuring that all parties are notified. A copy of the list of
all parties noticed as required above, and the date, time, and location of
the meeting, shall be furnished to the planning services department and
the office of the board of county commissioners no less than ten days
prior to the scheduled date of the pWAie neighborhood informational
meeting. The applicant shall make arrangements for the location of the
meeting. The location should be reasonably convenient to those property
owners who are required to receive notice and the facilities shall be of
sufficient size to accommodate expected attendance. The applicant shall
further cause a display advertisement, one -fourth page, in type no
smaller than 44 point and shall not be placed in that portion of the
newspaper where legal notices and classified advertisements appear
stating the purpose, location, and time of the meeting, to be placed
within a newspaper of general circulation in the county at least seven
days prior to the die neighborhood informational meeting. The Collier
County staff planner assigned to attend the pre - application meeting, or
designee, shall also attend the Elie neighborhood informational
meeting and shall serve as the facilitator of the meeting, however, the
applicant is expected to make a presentation of how it intends to develop
the subject property. The applicant is required to audio or video tape the
proceedings of the meeting and to provide a copy of same to the
planning services department.
2. As a result of mandated meetings with the public any commitments
made by the applicant must be reduced to writing and made a part of the
record of the proceedings provided to the planning services department
These written commitments will be made a part of the staff report to the
county's appropriate review and approval bodies and made a part of the
consideration for inclusion in the conditions of approval of any
applicable development approval order.
3.2 Any applicant requesting variance approval or parking exemption
approval shall provide documentation to the planning services department
indicating that property owners within 150 feet of the subject site have
been advised of the extent and nature of the variance or parking exemption
requested within 30 days of receipt of a letter indicating that the
application is sufficient. Where it een detefwAfied that thefe i&--a
r r y , funetiening Wien who
JAN 0 8 2003
P9-7 9
4. Where it has been determined that there is a property owner functioning
condominium or civic association who has made formal request of the
county to be notified. then the applicant shall provide written
documentation to the planning services department indicating that such
property owner or organization has also been notified concerning the
extent and nature of the variance or parking exemption requested The
applicant shall provide a written account of the result of such noticing
and shall submit any and all written communications to the planning
services department. A list of property owners homeowner or
condominium associations notified and any other written
communications shall be submitted to the planning services department
at least two weeks prior to the scheduled date of the first advertised
public hearing.
60 -�
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JAN 0 g 2003
pg.-�q
Y.
4. Where it has been determined that there is a property owner functioning
condominium or civic association who has made formal request of the
county to be notified. then the applicant shall provide written
documentation to the planning services department indicating that such
property owner or organization has also been notified concerning the
extent and nature of the variance or parking exemption requested The
applicant shall provide a written account of the result of such noticing
and shall submit any and all written communications to the planning
services department. A list of property owners homeowner or
condominium associations notified and any other written
communications shall be submitted to the planning services department
at least two weeks prior to the scheduled date of the first advertised
public hearing.
60 -�
IINk'ti �AIMIIYA�Ml��li'
JAN 0 g 2003
pg.-�q
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Donald A. Schneider, Principal Planner
DEPARTMENT: Planning Services
LDC PAGE: LDC2: 238.8
LDC SECTION: 2.7.3
CHANGE: Additions to the planned unit development (PUD) procedures.
REASON: The current planned unit development district (PUD) LDC
requirements do not adequately address the development needs.
More information and details are necessary to determine that
planned unit developments are compatible internally and
externally.
FISCAL & OPERATIONAL IMPACTS: Will likely increase costs to
applicants and increase staff time to review documents and insure
application packages are sufficient. Costs to applicants will result
from requirements for additional data. Cost estimates to applicants
will vary significantly by application.
RELATED CODES OR REGUALTIONS: None
GROWTH MANAGEMENT PLAN IMPACT: This amendment will not have an
impact on the Growth Management
Plan.
Amend the LDC as follows:
Sec. 2.7.3. Planned unit development (PUD) procedures.
2.7.3.1. Application and PUD master plan submission requirements. Applications for,
amendments to, or rezoning to PUD shall be in the form of a PUD master plan
of development and a PUD document. The plan shall have been designed by an
urban planner who possesses the education and experience to qualify for full
membership in the American Institute of Certified Planners; and/or a landscape
architect who possesses the education and experience to qualify for full
membership in the American Society of Landscape Architects, together with
either a practicing civil engineer licensed by the State of Florida, or a practicing
architect licensed by the State of Florida, and shall be comprised, at a mi murr�NpA-
of the following elements: ^^ � (9
JAN 0 8 2003
p9m
2.7.3.1.1. PUD master plan. The PUD master plan shall include the following
information unless deteffnined te be anneeessafy to graphically illustrate the
development strategy The Community Character Plan For Collier County
Florida (April 2001) should be referenced as a izuide for development and
redevelopment in the PUD district.):
The title of the project and name of the developer;
2. Scale, date, north arrow;
3. Boundaries of the subject property, all existing streets and pedestrian
systems within the site, watercourses, easements, land uses and zoning
districts of abutting property,. including book and page numbers of platted
parcels, section lines, and other important physical features within and
adjoining the proposed development;
4. Identification of all proposed tracts or increments illustrating boundaries
within the PUD such as, but not limited to: residential; office and retail:
commercial; industrial; institutional; conservation/preservation; lakes
and/or other water management facilities; common open space; tyRgs of
buffers with a cross section for any buffer which deviates from that
which is otherwise required by the Land Development Code; the location
and function of all areas proposed for dedication or to be reserved for
community and/or public use; and areas proposed for recreational uses
including golf courses and related facilities, and provisions for
ownership, operation, and maintenance. All non - residential tract
dimensions and boundaries shall be illustrated on the master plan;
5. Identification of all proposed and permitted land uses pursuant to
2.2.20.4. within each tract or increment describing: acreage; proposed
number of dwelling units; proposed density and percentage of the total
development represented by each type of use; or in the case of
commercial, industrial, institutional or office, the acreage and maximum
gross leaseable floor area and an outline of the proposed building
footprint and an indication of the proposed building height for each
structure within the individual tracts or increments. _Descriptions of the
relationship of the proposed land uses within the PUD to each other and
to land uses abutting/surrounding the project;
6. The location and size (as appropriate) of all existing drainage, water,
sewer, and other utility provisions;
7. The location of all proposed major internal thoroughfares and pedestrian
access ways, including interconnecting roadways within the PUD FAN A 11�A
as with abutting uses; G
8 2003
,_
8. Typical cross sections of all major, collector, and local streets, public or
private, within the pr-epesed PUD.
9. The location of proposed and existing roads, rights -of -way, and
pedestrian systems within 1,500 2W feet of the proposed PUD;
10. The overall acreage and proposed gross density for the PUD;
11. Provide information on previous and recent ANA uses of land.
12. Proposed vehicular ingress and egress points.
13. Any other relevant information determined to be necessary by the
Planning Services Department Director.
2.7.3.1.2. SaffeFti* _PUD document. The applicant shall submit Ddata
supporting and describing the application for rezoning to PUD in the form of
a PUD document. The PUD document shall be submitted in both an
electronic version and printed version in a format as established by the
Planning Services Director. The submittals shall conform to the most recent
standardized format established by the Planning Services Department
Director. The PUD document whieh shall esesist e= contain the following
information unless determined by the Director to be unnecessary to describe
the development strategy:
1. Title page to include name of project;
2. Index/table of contents;
3. List of exhibits;
4. Statement of compliance with all elements of the growth management
plan;
5. General location map drawn to scale, illustrating north point and
sag relationship of the site to such external facilities as highways,
shopping areas, cultural complexes and the like;
6. Property ownership and general description of site (including statement
of unified ownership;
7. Description of project development;
8. Boundary survey (no more than 6 months old) and legal description;
70
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JAN 0 8 2003
P98Z
9. Proposed and permitted land uses within each tract or increment;
10. Dimensional standards for each type of land use proposed within the
PUD. Dimensional standards shall be based upon an established exisfiag
zoning district that most closely resembles the development strategy,
particularly the type, density and intensity, of each proposed land use.
All proposed variations or deviations from dimensional standards of the
most similar zoning district shall be clearly identified. No deviations
from the fire code will be permitted except as otherwise allowed by that
code:
11. The proposed timing for location of, and sequence of phasing or
incremental development within the PUD;
12. The proposed location of all etlff roads and pedestrian systems, with
typical cross sections, which will be constructed to serve the PUD;
13. Habitats and their boundaries identified on an aerial photograph of the
site. Habitat identification will be consistent with the Florida Department
of Transportation Florida Land Use Cover and Forms Classification
System and shall be depicted on an aerial photograph having a scale of
one inch equal to at least 200 feet when available from the county,
otherwise, a scale of at least one inch equal to 400 feet is acceptable.
Information obtained by ground - truthing surveys shall have precedence
over information presented through photographic evidence. Habitat,
plant and animal species protection plans as required by division 3.11
shall apply;
14. Environmental impact analysis pursuant to applicable provisions of
division 3.8;
15. Information about existing vegetative cover and soil conditions in
sufficient detail to indicate suitability for proposed structures and uses;
16. The location and nature of all ethff existing public facilities, such as
schools, parks; and fire stations that will service the PUD•
17. A plan for the provision of all needed utilities to serve and the
PUD; including (as appropriate) water supply, sanitary sewer collection
and treatment system, storm water collection and management system,
pursuant to related county regulations and ordinances;
18. Traffic impact analysis;
� I
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JAN 0 8 2003
19. Agreements, provisions, or covenants which govern the use,
maintenance, and continued protection of the PUD and any of its
common areas or facilities;
20. Development commitments for all infrastructure and related matters;
21. When determined necessary to adequately assess the compatibility of
proposed uses to existing or other proposed uses, dwk relationship to
open space, recreation facilities, or traffic impacts, or to assess requests
for reductions in dimensional standards, the development sefviees
planning services department director may request schematic
architectural drawings (floor plans, elevations, perspectives) for all
proposed structures and improvements, as appropriate.
22. Deviations to sections of the Land Development Code other than to
dimensional standards shall be identified in the PUD document by citing
the specific section number, regulation and proposed modification to
such regulation.
2.7.3.1.3. Deviations from flee - requir-e master plan elements required in section
2.73.1.2. The development sefyiees planning services department director
may exempt a petition from certain required elements (section 2.7.3.1.2) of
the PUD master plan when the petition contains conditions, which
demonstrate that the element may be waived without a detrimental effect on
the health, safety and welfare of the community. All exemptions shall be
noted within the PUD submittal and provided the board of county
commissioners.
2.7.3.2. Procedures for planned unit development zoning. Petitions for rezoning to
PUD in accordance with section 2.7.3.1 shall be submitted and processed as
for a rezoning amendment generally pursuant to section 2.7.2 and in
accordance with the following special procedures:
2.7.3.2.1. Preapplication conference. Prior to the submission of a formal application for
rezoning to PUD, the applicant shall confer with the
planning services depart ment director and other county staff, agencies, and
officials involved in the review and processing of such applications and
related materials. The applicant is further encouraged to submit a tentative
land use sketch plan for review at the conference, and to obtain information on
any projected plans or programs relative to possible applicable federal or state
requirements or other matters that may affect the proposed PUD. This
preapplication conference should address, but not be limited to, such matters
as:
JAN 0 8 2003
Pt__ --
1. The suitability of the area for the type and pattern of development
proposed in relation to physical characteristics of the land, surrounding
areas, traffic and access, drainage, sewer, water, and other utilities.
2. Adequacy of evidence of unified control and suitability of any proposed
agreements, contract, or other instruments, or for amendments in those
proposed, particularly as they may relate to arrangements or provisions to
be made for the continuing operation and maintenance of such areas and
facilities that are not to be provided or maintained at public expense.
Findings and recommendations of this type shall be made only after
consultation with the county attorney.
3. Conformity of the proposed PUD with the goals, objectives and policies
of the growth management plan.
4. The internal and external compatibility of proposed uses, which
conditions may include restrictions on location of improvements,
restrictions on design, and buffering and screening requirements.
5. The adequacy of usable open space areas in existence and as proposed to
serve the development.
6. The timing or sequence of development for the purpose of assuring the
adequacy of available improvements and facilities, both public and
private.
7. The ability of the subject property and of surrounding areas to
accommodate expansion.
8. Conformity with PUD regulations, or as to desirable modifications of
such regulations in the particular case, based on determination that such
modifications are justified as meeting public purposes to a degree at least
equivalent to literal application of such regulations.
2.7.3.2.2. Prehearing conference.
dir-eeter-. Prehearing conferences may be held between the applicant and/or his
representatives and officials or representatives of the county rip 'or to
advertisement of the hearing date. The purpose of such prehearing
conferences shall be to assist in bringing the application for rezoning to PUD
as nearly as possible into conformity with the intent of these or other
applicable regulations, and/or to define specifically any justifiable variations
from the application of such regulations.
2.7.3.2.3. Staff review and recommendation. Based upon it& evaluation of the factors set
forth above, the appr-epFiate county staff shall prepare a report cont ' ' ing �C-
their review findings, and a recommendation of approval or denial.
--73 JAN 0 8 2003
Ps•8_ 5 —
2.7.3.2.4. Hearing before the planning commission. Public notice shall be given and a
public hearing held before the planning commission on the application for
rezoning to PUD. Both the notice and the hearing shall identify the
application, by name and application number, proposed PUD master plan of
development, and required statements as they may have been amended as a
result of the prehearing conference conducted pursuant to section 2.7.3.2.2.
2.7.3.2.5. Planning commission recommendation. The planning commission shall make
written findings as required in section[s] 2.7.2.5 through 2.7.2.8 and as
otherwise required in this section and shall recommend to the board of county
commissioners either approval of the PUD rezoning as proposed; approval
with conditions or modifications; or denial. In support of its recommendation,
the planning commission shall make findings as to the PUD master plan's
compliance with the following criteria in addition to the findings in section[s]
2.7.2.5 through 2.7.2.8:
1. The suitability of the area for the type and pattern of development
proposed in relation to physical characteristics of the land, surrounding
areas, traffic and access, drainage, sewer, water, and other utilities.
2. Adequacy of evidence of unified control and suitability of aeyprepesed
agreements, contract, or other instruments, or for amendments in those
proposed, particularly as they may relate to arrangements or provisions
to be made for the continuing operation and maintenance of such areas
and facilities that are not to be provided or maintained at public expense.
Findings and recommendations of this type shall be made only after
consultation with the county attorney.
3. Conformity of the proposed PUD with the goals, objectives and policies
of the growth management plan.
4. The internal and external compatibility of proposed uses, which
conditions may include restrictions on location of improvements,
restrictions on design, and buffering and screening requirements.
5. The adequacy of usable open space areas in existence and as proposed to
serve the development.
6. The timing or sequence of development for the purpose of assuring the
adequacy of available improvements and facilities, both public and
private.
7. The ability of the subject property and of surrounding areas to
accommodate expansion.
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JAN 0 8 2003
P9
8. Conformity with PUD regulations, or as to desirable modifications of
such regulations in the particular case, based on determination that such
modifications are justified as meeting public purposes to a degree at least
equivalent to literal application of such regulations.
2.7.3.2.6. Action by board of county commissioners. Unless the application is
withdrawn by the applicant or deemed "closed" pursuant to section
2.2.20.2.3., the board of county commissioners shall, upon receipt of the
planning commission's recommendation, advertise and hold a public hearing
on the application. The notice and hearing shall be on the application, and
PUD master plan of development and PUD document, as recommended by
the planning commission to the board of county commissioners. The board of
county commissioners shall either grant the proposed rezoning to PUD;
approve with conditions or modifications; or deny the application for PUD
rezoning.
2.7.3.3. Effect of planned unit development zoning. If approved by the county board of
commissioners, the master plan for development, the PUD document and all
other information and materials formally submitted with the petition shall be
considered and adopted as an amendment to the zoning code and shall
become the standards for development for the subject PUD. Thenceforth, the
development in the area delineated as the PUD district on the official zoning
atlas shall proceed only in accordance with the adopted development
regulations and the PUD master plan for said PUD district, except that
approval and adoption of a PUD ordinance or PUD master plan does not act
to authorize or vest the location, design, capacity, or routing of traffic for any
access point depicted on, or described in, such ordinance or plan.
Before development of any type may proceed, all agreements, conditions of
approval, and contracts required, but not approved at the time of amending
action, shall be approved by appropriate officers or agencies of the county.
Issuance of a final development order within any tract or increment within the
PUD shall first require compliance with all sections of the Collier County
subdivision regulations (division 3.2) and/or the site development plan
regulations (division 3.3) as appropriate.
2.7.3.4. Time limits for approved PUDs inaster 191a. For purposes of this section, the
word "sunset" or "sunsetting" shall be the term used to describe a PUD which
has through a determination made by the Planning Services Department
Director, not met the time frames and development criteria outlined in
2.7.3.4. 1 or 2.7.3.4.2. as applicable For all PUDs the owner entity shall
submit to the planning services department director a status report on the
progress of development annually from the date of the PUD approval by the
board of county commissioners The purpose of the report will be to evaluate
following criteria: � 5
Nam_
JAN 0 8 2003
WS2a
1 ,For PUDs approved
prior to October 24, 2001 - a 6for the aff reval ftef te swtset4 the
landowner(s) shall:
A Obtain approval for improvement plans or a development order for
all infrastructure improvements to include utilities, roads and
similar improvements required by the approved PUD master plan
or other development orders for at least five years from the date of
approval by the board of county commissioners, and
B. Receive final local development orders for at least 15 percent of
the total number of approved dwelling units in the PUD, or in the
case of PUD'S consisting of nonresidential uses, 30 percent of the
total ap, rQoved gross leasable floor area within the PUD every six
years from the date of approval by the board of county
commissioners.
C. Any PUD approved before October 24, 2001 that receives
subsequent amendment approval shall be subject to the
development criteria and time limits established for those PUD's
approved on or after October 24 2001 as outlined in section
2.7.3.4.(2).
2. For PUDs approved on order October 24 2001 the land owner shall:
A.4-. For residential portions of PUDs,
initiate physical development of infrastructure improvements,
including access roads, internal roads, sewer and water utilities and
any other related infrastructure, that supports a minimum of 15
percent of the designated residential area or areas of the PUD by
the third anniversary date of the PUD approval. An additional 15
percent of such infrastructure shall be completed every year
thereafter until PUD buildout and;.
IM
For the nonresidential portions of PUDs and commercial and
industrial PUDs the owner entity shall [fail te] initiate physical
development of a minimum of 15 percent of authorized floor area
when approved on the basis of a defined amount of floor space, by
the third anniversary date of the PUD approval. In the event the
floor area is not the defining intensity measure, then 25 percent of
the land area to include some representative portion of the building
space shall be constructed by the third anniversary of the PUD
approval date. The same amount of development shall be required
every year thereafter up to an amount representing 75 percent of
authorized buildable area and floor area. Thereafter the PUD all
No.
JAN 88 2003
Pa. —8B-
be exempt from these sunset provisions.
C. If in the event of a moratorium or other action of government that
prevents the approval of any final development order the duration
of the suspension of the approval shall not be counted towards the
three -year sunset. provision.
3. Infrastructure improvements [as required above] shall be located on site
and shall constitute infrastructure that makes possible vertical construction
consistent with permitted land uses. Acceleration lanes, entry road access
and the like do not count towards meeting the required levels of
infrastructure improvements as required above.
Y. -
Y. per-pose
i • • - - \ -
\ \ W.1its made thereafter-
the thfee year- sunset p-
• • •
[section relocated]
2.7.3.4.4. PUD sunsettin�. Prior to or anv time after the devele}�eRt
sefv'jees planning services department director determines that a PUD has
sunsetted. , then onerty owner
shall initiate one of the following:
1 request for a PUD extension'. or
2 request for PUD amendment.
2.7.3.4.5. Board of County Commissioners action pursuant to PUDs which have
sunsetted. Utwon review and consideration of the appropriate Mlication the
report provided by the owner and any supplemental information that may be
provided, the board of county commissioners shall elect one of the following:
-1 �l
N&_._._.
JAN 0 8 2003
P9
To extend the current PUD approval for a maximum period of two years; at
the end of which time, the owner will again submit to the procedure as
defined herein, however no further development order applications shall be
processed by the County until the PUD is officially extended.
Require the owner to submit an amended PUD i
r -- -
t. The existing PUD shall remain in effect until subsequent action by the
board of the submitted amendment of the PUDLhowever no further
development order applications shall be processed by the County until the
PUD is officially amended.
3. A. If the owner fails to submit an amended PUD within six months
of board action to require such an amended submittal, or the board
of county commissioners denies a rezoning amendment request
then the board may initiate proceedings to rezone the unimproved
portions of the original PUD to an appropriate zoning classification
consistent with the future land use element of the growth
management plan.
2.7.3.4.6. PUD Extensions Extensions may be approved by the Board of County
Commissioners An approved PUD may be extended as follows:
1. Maximum extension: Maximum of two extensions the first of
which is ¢ranted for a maximum of 2 years from the date of the
original approval the second of which if granted, 2 years from the
date of the first extension.
2. Approval shall be based on the following findings of fact:
a. The PUD and the Master Plan is consistent with the current
GMP including but not limited to density, intensity and
concurrency requirements: and
b The improved development has not become incompatible with
existing and proposed uses in the surrounding area as the result of
development approvals issued subsequent to the original approval
of the PUD zoning: and
c The approved development will not by itself or in conjunction
with other development place an unreasonable burden on essential
public facilities.
3 An extension request must consist of the following:
b A copy of the original PUD approval ordinance: and_,__._.___
JAN 0 8 2003
c A written statement describing how the criteria listed above have
been met; and
d A fee paid in accordance with the adopted fee resolution.
e Any other information the Planning Services Director deems
necessary to process and evaluate the request.
4 No more than two extensions may be granted for any development
or phase thereof and in no case shall extensions be approved that
would extend the life of the PUD more than ten years from the
original approval date.
5. Any PUD that has not commenced development in compliance with
the sunsetting movisions within ten vears of the original PUD
approval date must submit a new rezoning application.
2.7.3.4.7. Retention of existing PUD status. For all PUDs, once a PUD has
sunsetted _
the land shall retain its
existing PUD approval however applications for additional development orders
shall not be processed until one of the following occurs.
A. The board of count commissioners approves a request for
extension.
B The board of county commissioners approves a request for a
PUD
amendment.
3. Should the Planning Services Department Director determine that
development has commenced in earnest, then the land shall retain its existing
PUD approval and shall not be subject to additional review and consideration
of new development standards or use modification under the provisions for
time limits for approved PUDs.
In the case of developments of regional impact, PUD time limit restrictions shall
be superseded by the phasing plan and/or time limits contained within the
application for development approval and approved as part of a development
order in conformance with F.S. § 380.06.
2.7.3.5. Changes and amendments.
2.7.3.5.1. Substantial/insubstantial changes. Any substantial change(s) to an approved
PUD master plan shall require the review and recommendation of the
planning commission and approval by the board of county commission FAN
prior to implementation. Any insubstantial change(s) to an approved PU _
-19 3
master plan shall require approval by the planning commission. For the
purpose of this section, a substantial change shall be deemed to exist where:
1. There is a proposed change in the boundary of the PUD; or
2. There is a proposed increase in the total number of dwelling units or
intensity of land use or height of buildings within the development; or
3. There is a proposed decrease in preservation, conservation, recreation or
open space areas within the development not to exceed five percent of
the total acreage previously designated as such, or five acres in area; or
4. There is a proposed increase in the size of areas used for nonresidential
uses, to include institutional, commercial and industrial land uses .
(excluding preservation, conservation or open spaces), or a proposed
relocation of nonresidential land uses; or
5. There is a substantial increase in the impacts of the development which
may include, but are not limited to, increases in traffic generation;
changes in traffic circulation; or impacts on other public facilities; or
6. The change will result in land use activities that generate a higher level
of vehicular traffic based upon the Trip Generation Manual published by
the Institute of Transportation Engineers; or
7. The change will result in a requirement for increased storm water
retention, or will otherwise increase storm water discharges; or
8. The change will bring about a relationship to an abutting land use that
would be incompatible with an adjacent land use; or
9. Any modification to the PUD master plan or PUD document or
amendment to a PUD ordinance which is inconsistent with the future
land use element or other element of the growth management plan or
which modification would increase the density or intensity of the
permitted land uses; or
10.
The proposed change is to a PUD district designated as a development of
regional impact (DRI) and approved pursuant to F.S. § 380.06, where
such change requires a determination and public hearing by Collier
County pursuant to F.S. § 380.06(19). Any change that meets the
criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD master
plan that clearly do not create a substantial deviation shall be reviewed
and approved by Collier County under section 2.7.3.5.4 or section - �O —
2.7.3.5.6 of this Code; or II .A
g O I JAN 0 8 2003
P6 z- -
11. Any modification to the PUD master plan or PUD document or
amendment to a PUD ordinance which impact(s) any consideration
deemed to be a substantial modification as described under section[s]
2.7.3.5.1.1 through 2.7.3.5.1.9; or [sic]
2.7.3.5.2. Procedure for substantial/insubstantial change determination.
1. The applicant shall provide the planning services
department director documentation which adequately describes the
proposed changes along with the appropriate review fee prior to review
by the planning commission. The PUD master plan map shall show all
data normally required for submittal of a PUD master plan unless it is
otherwise determined not to be necessary, describing the proposed
changes in: land use; densities; infrastructure; open space, preservation
or conservation areas; area of building square footage proposed for
nonresidential development; change in potential intensity of land use and
related automobile trip movements, and relationships to abutting land
uses. In addition, the applicant, for evaluation of PUD master plan
revisions, shall provide a detailed written narrative describing all of the
change(s) and the reasons for the request. Upon receipt of the amended
PUD master plan, the planning, services
department director shall review said plan against criteria established
within section 2.7.3.5.1 above and may forward the plan to any other
agency, division or authority deemed necessary for review and comment.
2.7.3.5.3. Substantial changes procedures. Changes, as identified in section 2.7.3.5.1,
shall be considered substantial changes to the approved PUD master plan, and
the applicant shall be required to submit and process a new application
complete with pertinent supporting data, as set forth in section[s] 2.7.3.1 and
2.7.3.2.
2.7.3.5.4. Insubstantial changes procedures. Any insubstantial change(s) to an
approved PUD master plan based upon an evaluation of subsection 2.7.3.5.1
shall require the review and approval of the planning commission based on
the findings and criteria used for original applications as an action taken at a
regularly scheduled meeting.
2.7.3.5.5. Language changes. Language changes to a previously approved PUD
document shall require the same procedure as for amending the official
zoning atlas.
2.7.3.5.6. Minor changes not otherwise provided for. It shall be understood that, while a
PUD is required to describe and provide for infrastructure, intended land use
types, approximate acreages of internal development tracts, and compatibility _
with adjacent land uses, minor changes may become necessary during t � A WEM
subdivision or site development plan review processes.
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I JAN 0 8 2003
U
pcda�
The planning services director shall also be authorized to allow minor changes
to the PUD master plan during its subdivision improvements plan or site
development plan process to accommodate topography, vegetation and other
site conditions not identified or accounted for during its original submittal and
review and when said 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:
1. 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.
2. Relocation of building envelopes when there is no encroachment upon
required conservation or preservation areas.
3. Relocation of swimming pools, clubhouses, or other recreation facilities
when such relocation will not affect adjacent properties or land uses.
4. Relocation or reconfiguration of lakes, ponds, or other water facilities
subject to the submittal of revised water management plans, or approval
of the environmental advisory board 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 developfHe
planning services department director's consideration for approval.
2.7.3.6. Monitoring requirements. In order to ensure and verify that approved project
densities or intensities of land will not be exceeded and that development
commitments will be fulfilled, annual monitoring reports shall be submitted
by the developer /owner or authorized agent of a PUD to the develepment
a... planning services department director. The monitoring
report shall be submitted annually, on each anniversary of the date said PUD
was approved by the board until the PUD is completely constructed and all
commitments in the PUD document/master plan are met. The monitoring
report shall provide the following information:
1. Name of project.
2. Name of owner, developer.
3. Number of units, by residential type; square footage and acreage of
recreation facilities, commercial and other permitted uses; infrastruc LAN --- --
F2- 0 8 2003
�
and/or other uses which are complete of [or] for which a valid permit has
been issued, but which have not been completed.
4. Up -to -date PUD master plan showing infrastructure,
projects /developments, plats, parcels and other pertinent information.
5. Traffic counts for all access points to the major highway network.
6. Copies of all required monitoring reports completed in past year (i.e.,
traffic, wellfield, etc.).
7. Up -to -date PUD document which includes all approved amendments.
8. Status of commitments in PUD document.
9. Other information as may be required by the
develepmen-
planning services department director.
2.7.3.6.1. Change of ownership. A change in ownership shall not absolve the original
owner of the requirement to file an annual monitoring report. Transferring
responsibility for filing the annual monitoring report to an entity other than
the original owner may be demonstrated in the form of an executed
agreement between the original owner and the new entity which when filed
with the Manning services department
director shall automatically transfer responsibility for filing the annual
monitoring report.
2.7.3.7. Violations. Violation of this section shall be enforced as provided in division
1.9.
2.7.3.8. Interpretations of PUD documents. The lannin
services de artment director shall be authorized to interpret the PUD
document and PUD master plan.
2.7.3.9. Non-con rmin situations Nonconforming situations that were otherwise
lawful prior to the effective date of this section of the article shall comely
with this article or any subsequent amendment to this article effective January
8 2003.
(Ord. No. 92 -73, § 2; Ord. No. 93 -89, § 3; Ord. No. 99 -6, § 3.D.; Ord. No. 01 -60, § 3.C.;
Ord. No. 02 -3, § 3.F.)
8� I�
JAN 0 8 2003
C 000
Ps- 15
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Donald A. Schneider II, Principal Planner
DEPARTMENT: Planning Services
LDC PAGE: LDC2:252
LDC SECTION: 2.7.5
CHANGE: To clarify in the text that landscaping and buffering variances may
only be based on the dimensional development standards.
REASON: The revision is primarily to make the text more easily understood.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
Sec. 2.7.5. Variance procedures.
2.7.5.1. Purpose. In specific cases, variance from the terms of this zoning code may be
granted where said variance will not be contrary to the public interest, safety,
or welfare and where owing to special conditions peculiar to the property, a
diminution of a regulation is found to have no measurable impact on the
public interest, safety or welfare; or a literal enforcement of the zoning code
would result in unnecessary and undue hardship, or practical difficulty to the
owner of the property and would otherwise deny the property owner a level of
utilization of his/her property that is consistent with the development pattern
in the neighborhood and clearly has no adverse effect on the community at
large or neighboring property owners.
The board of zoning appeals based upon the evidence given in public hearing;
and the findings of the planning commission should determine to the
maximum extent possible if the granting of the variance will diminish or
otherwise have detrimental effect on the public interest, safety or welfare. A
variance from the terms of this zoning code may be granted based on t � �
requirements of this section.
8
JAN 0 8 2003
2.7.5.1.1. Types of variances authorized. A variance is authorized for any dimensional
development standard, including the following: height area, and size of
structure; height of fence; size of yards and open spaces; dimensional aspects
of landscaping and buffering requirements; size, height, maximum number of,
and minimum setback for signs; and minimum requirements for off -street
parking facilities.
2.7.5.2. Procedure.
2.7.5.3. Written petition. A written petition for a variance shall be submitted by the
applicant to the planning services director.
2.7.5.4. Notice of planning commission public hearing. Notice of public hearing
before the planning commission shall be as provided for under subsection
2.7.2.3.2.
2.7.5.5. Planning commission public hearing. The public hearing shall be held by the
planning commission. Any party may appear in person, by agent or attorney,
or may submit written comments to the planning services director.
2.7.5.6. Findings. Before any variance shall be recommended for approval to the
board of zoning appeals, the planning commission shall consider and be
guided by the following standards in making a determination:
1. Are there special conditions and circumstances existing which are
peculiar to the location, size and characteristics of the land, structure, or
building involved.
2. Are there special conditions and circumstances which do not result from
the action of the applicant such as pre- existing conditions relative to the
property which is the subject of the variance request.
3. Will a literal interpretation of the provisions of this zoning code work
unnecessary and undue hardship on the applicant or create practical
difficulties on the applicant.
4. Will the variance, if granted, be the minimum variance that will make
possible the reasonable use of the land, building or structure and which
promote standards of health, safety or welfare.
5.
Will granting the variance requested confer on the petitioner any special
privilege that is denied by these zoning regulations to other lands,
buildings, or structures in the same zoning district. �!
NO
Noy„_,_,
JAN 0 8 2003
PS
6. Will granting the variance be in harmony with the intent and purpose of
this zoning code, and not be injurious to the neighborhood, or otherwise
detrimental to the public welfare.
7. Are there natural conditions or physically induced conditions that
ameliorate the goals and objectives of the regulation such as natural
preserves, lakes, golf course, etc.
8. Will granting the variance be consistent with the growth management
plan?
2.7.5.7. Conditions and safeguards. In recommending approval of any variance, the
planning commission may recommend appropriate conditions and safeguards
in conformity with this zoning code including, but not limited to, reasonable
time limits within which the action for which the variance is required shall be
begun or completed, or both. In the case of after - the -fact variances, the
planning commission may recommend, as a condition of approval, that in the
case of the destruction of the encroaching structure, for any reason, to an
extent equal to or greater than 50 percent of the actual replacement cost of the
structure at the time of its destruction, any reconstruction shall conform to the
provisions of this Code in effect at the time of reconstruction. Violation of
such conditions and safeguards, when made a part of the terms under which
the variance is granted, shall be deemed a violation of this zoning code.
2.7.5.8. Recommendation of denial. If the planning commission recommends denial of
a variance, it shall state fully in its record its reason for doing so. Such reasons
shall take into account the factors stated in section 2.7.5.6, or such of them as
may be applicable to the action of denial and the particular regulations relating
to the specific variance requested if any.
2.7.5.9. Status of planning commission report and recommendations. The report and
recommendation of the planning commission required above shall be advisory
only and shall not be binding upon the board of zoning appeals.
2.7.5.10. Notice of board of zoning appeals public hearing. Upon completion of the
public hearing before the planning commission, the petition shall be heard by
the board of zoning appeals. Notice of public hearing shall be given at least 15
days in advance of the public hearing before the board of zoning appeals. The
owner of the property for which the variance is sought, or his agent or
attorney designated by him on his petition, shall be notified by mail. Notice of
public hearing shall be advertised in a newspaper of general circulation in the
county at least one time 15 days prior to the hearing.
2.7.5.11. Board of zoning appeals public hearings. The public hearing shall be held by
the board of zoning appeals. Any party may appear in person by agent "M� �A
attorney, or may submit written comments to the board of zoning appe
8 � I JAN 0 82003
2.7.5.12. Board of zoning appeals action. Upon consideration of the planning
commission's report, findings and recommendations, and upon consideration
of the standards and guidelines set forth in section 2.7.5.6, the board of zoning
appeals shall approve, by resolution, or deny a petition for a variance.
2.7.5.13. Conditions and safeguards. In granting any variance, the board of zoning
appeals may prescribe appropriate conditions and safeguards in conformity
with this zoning code, including, but not limited to, reasonable time limits
within which action for which the variance is required shall be begun or
completed, or both. In the case of after -the -fact variances, the board may
stipulate that in the case of destruction of the encroaching structure, for any
reason, to an extent equal to or greater than 50 percent of the actual
replacement cost of the structure at the time of its destruction, any
reconstruction shall conform to the provisions of this Code in effect at the
time of reconstruction. Violation of such conditions and.safeguards, when
made a part of the terms under which the variance is granted, shall be deemed
a violation of this zoning code.
2.7.5.14. Limitations on power to grant variances. Under no circumstances shall the
board of zoning appeals grant a variance to permit a use not permitted under
the terms of this zoning code in the zoning district involved, or any use
expressly or by implication prohibited, by the terms of these regulations in the
said zoning district.
(Ord. No. 92 -73, § 2; Ord. No. 93 -89, § 3; Ord. No. 96 -21, § 3; Ord. No. 97 -26, § 3.E.;
Ord. No. 01 -60, § 3.C.)
g� AN 0 8 2003
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Patrick G. White, Assistant County Attorney, John R. Houldsworth,
Engineer
DEPARTMENTS: County Attorney, Engineering Review
LDC PAGE(S): LDC 3:8
LDC SECTION: 3.2.4 Exemptions
CHANGE: Clarify and expand "Lot Line Adjustments"
REASON: There are many cases where property owners wish to reconfigure
adjacent Lots or Un- platted parcels. In many of these cases, a requirement to file a
plat or re -plat only creates a burden on the property owner(s) and does not
accomplish much of anything as far as subdivision requirements are concerned. - - -
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: FS Chapter 177, Land Boundaries
GROWTH MANAGEMENT PLAN IMPACT: None, the Lot Line Adjustment
process does not allow for increased density or intensity of uses
Amend the LDC as follows:
3.2.4.8 Lot line adjustment / recon uration . An adjustment of a lot line between
contiguous lots or parcels which may be platted or unplatted which are under
separate ownership or the same ownership shall be exempt from this division if all
of the following conditions are met in a written request to the
sePoiees en ing_. eerie review director.
3.2.4.8.1 It is demonstrated that the request is to correct an engineering or surveying error
in a recorded plat or is to permit an insubstantial boundary change between
adjacent parcels,
and
3.2.4.8.2 Both landowners whose lot lines are being adjusted provide written consent to
the lot line adjustment; and
3.2.4.8.3 Instrument(s) evidencing the lot line adjustment shall be filed in the of i -.---
records of Collier County, Florida, upon approval, and shall indicate th the �� IAA
result of the lot line adjustment will meet the standards of, and conform to,—
JAN 0 g 2003
v v ,� �
the requirements of this code, including the dimensional requirements of the
zoning district and the subdivision in which the lots are located. However, in
the cases of an existing nonconforming lot of record, the adjustment shall not
increase the nonconformity of the lot; and
3.2.4.8.4 It is demonstrated that the lot line adjustment will not affect the development
rights or permitted density or intensity of use of the affected lots by providing
the opportunity to create a new lot(s) for resale or development.
99
JAN 0 8 2003
PC12L
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Thomas E. Kuck, P.E., John Houldsworth, Engineer
DEPARTMENT: Engineering Review Services
LDC PAGE(S): 3:20.1
LDC SECTION: 3.2.6.4.8 Expiration
CHANGE: Provide a date for final completion and acceptance of subdivision
improvements
REASON: Although improvements are required to be complete within 18 months,
there is no specific time period for final acceptance of the improvements
FISCAL & OPERATIONAL IMPACTS: None - --
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
3.2.6.4.8 Expiration. All required improvements associated with the construction and
maintenance agreement shall be completed within 3618 months from the date of
recording of the final subdivision plat, or, if construction of required improvements is
undertaken prior to recording the final subdivision plat, within 36-18 months from the
date of approval of the final subdivision plat by the board of county commissioners. If
improvements are not completed within the prescribed time period and a subdivision
performance security has been submitted, the engineering ep view
director may recommend to the board that it draw upon the subdivision performance
security or otherwise cause the subdivision performance security to be used to complete
the construction, repair, and maintenance of the required improvements. All of the
required improvements shall receive final acceptance by the Board of County
Commissioners within 36 months from the date of the original board approval. The
developer may request a one time one year extension to receive final acceptance of the
improvements.
q 0
AGEMA ntm
No-..__
JAN 0 8 2003
P4 /02
ORIGIN: Transportation Services Division
AUTHOR: Edward J. Kant, P.E., Transportation Operations Director
DEPARTMENT: Transportation Operations Department
LDC PAGE: LCD3:21
LDC SECTION: 3.2.6.5.1
CHANGE: Require the submission of a completed and approved Checklist for Public Road
Acceptance by a development entity.
REASON: A similar checklist is in effect for the acceptance of water and sewer facilities.
There have been several instances where development entities have requested that roads be
accepted for maintenance and operation by Collier County and where staff has not been able to
fully document that all requirement for such acceptance have been met in a timely fashion. The
inclusion of a Checklist will assist both the development entity and staff to assure a smooth
turnover and a reasonably speedy acceptance procedure.
FISCAL & OPERATIONAL IMPACTS: Adding this required Checklist would increase costs
to the development entity for the additional information required.
RELATED CODES OR REGULATIONS: Ord. 93 -64, Work Within the Right -of -way
GROWTH MANAGEMENT PLAN IMPACT: There is no growth management impact from
this proposed change.
Amend the LDC as follows:
3.2.6.5.1. General. The required improvements constructed under the policies, procedures,
guidelines, and requirements established in this division shall be approved and
accepted by the board of county commissioners as prescribed in this section
3.2.6.5. All applicable completed water and sewer facilities shall simultaneously
be conveyed to Collier County, or to Collier County Water -Sewer District or its
dependent water -sewer districts, where appropriate, or the appropriate water
sewer district in conformance with the provisions of Collier County Ordinance
No. 88 -76 [Code ch. 134, art. III], as amended. All roadway improvements
intended to be turned over to Collier County for operation and maintenance shall
provide a Checklist for Public Road Acceptance alone with all required
information prior to any such acceptance. This section 3.2.6.5 describe 7JAN � �
policies, procedures and data required to obtain approval and acceptant required improve ments constructed. —
8 2003
3
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Thomas E. Kuck, P.E., Director, John R. Houldsworth
DEPARTMENT: Engineering Review Services
LDC PAGE(S): LDC 3:24.1
LDC SECTION: 3.2.6.5.8 (New)
CHANGE: Allowing for a "conditional final acceptance" of the subdivision
improvements, i.e. to grant final acceptance of the subdivision, while maintaining a
performance security for the final lift of pavement, and in some cases sidewalks.
REASON: The developer of a subdivision usually prefers to delay the final lift of
roadway asphalt, and in certain cases to complete the installation of sidewalks, until the
majority of the vertical building construction is complete. By delaying the final lift of
asphalt, the developer ensures that the property owners are left with a "clean job" once
the majority of heavy construction is complete and the final lift of asphalt is installed.
The performance security which would be required is significantly less than if the county
held 10% of all of the required subdivision improvements, plus 100% of the uncompleted
improvements.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
3.2.6.5.8 Conditional final acceptance At the discretion of the Engineering Review
Director, a devel over may apply for a conditional final acceptance. The conditional final
acceptance may occur when the required subdivision improvements, with the exception
of the final lift of asphalt and in certain cases portions of the sidewalk(s) have received a
satisfactory final inspection The developer shall provide a performance security in the
amount of 150 percent of the estimated cost of the remaining improvements.
Additionally the developer shall provide a letter to the Engineering Review Director.
which confirms the developer's intent to complete all of the remaining improvements
within a 12 (twelve) month time ppriod Additional one year extensions may be approved
by the Engineering Review Director.
AGENDA
IJAN '0 8 2003
ALL_
ORIGIN: Administrative Services Division
AUTHOR: John Houldsworth, Engineering Review and Donald Blalock, GIS Programmer
DEPARTMENT: Information Technology
LDC PAGE: LDC3:30.1
LDC SECTION: 3.2.8.2. - Improvement plans
CHANGE: To require an applicant's professional engineer to supply subdivision plat
improvement plans in which all data be delivered in the State Plane coordinate system, with a
Florida East Projection, and a North American Datum 1983 (NAD83 datum), with United States
Survey Feet (USFEET) units; files shall be in a Digital Exchange File (DXF) format; information
layers shall have common naming conventions (i.e. right -of -way - ROW, centerlines - CL, edge -
of- pavement - EOP, etc.) which is acceptable to the Engineering Services Department Director at
the time of application of the subdivision improvements.
REASON: The Community Development and Environmental Services Division's Addressing
section is updating its software for easier data entry into the County's new Geographical
Information System (GIS). This new software will help the Addressing section to provide highly
accurate addressing information. In addition these digital submittals will allow for plan review
using the GIS, a process that which will speed up the review process, and directly benefit the
customer. Finally, these digital submittal requirements are enacted to enable the County to serve
our customers, the public, better. It will allow for an easier and cheaper transfer of data to the
County's records via CD rather than scanning hundreds of paper drawings each year.
FISCAL & OPERATIONAL IMPACTS: The fiscal impact to the County will be reduced
costs by not having to convert record construction drawings to digital format.
RELATED CODES OR REGULATIONS: Division 3.2 Subdivisions
3.2.8.2. Improvement plans submission requirements. The improvement plans shall be
prepared on 24 -inch by 36 -inch sheets affd as well as being digitally created on one or
more CDROM disks The digital data to be submitted shall follow these formatting
,• �„ data shall be delivered in the State Plane coordinate system, with a
guiaeiu�C� r�ii ua�u �.,�.. �.,
Florida East Projection and a North American Datum 1983/1990 (NAD83 /90 datum
with United States Survey Feet (US T) units-, as established by a Florida registered
surveyor & ma r. All information shall have a maximum dimensional error of
+0 5 feet Files shall be in a Digital Exchange File (DXF) format information lavers
shall have common naming conventions (i.e. right -of -way - ROW centerlines - CL.
edge of pavement EOP etc) All plans shall tie into the Public Lands Survey
system (PLSS) grid which shall be provided by Collier County's GIS Department via
plans shall, at a minimum include, but not be limited to:
LDC AMENDMENTS - 3.2.8.2- BJ -DB- Digital -Plans q ]�
Na
JAN 0 8 2003
ps-A�-
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Donald A. Schneider, Principal Planner
DEPARTMENT: Planning Services
LDC PAGE: LDC3:34
LDC SECTION: 3.2.8.3.14
CHANGE: To remove the language restricting activities and electors.
REASON: As a result of the explosive growth experienced by Collier County,
and in an effort to better serve the people of Collier County the
board of county commissioners must be able to designate polling
facilities in a given geographical area that will adequately serve
that area.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGUALTIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
Sec. 3.2.8.3.14. Polling places.
Any residential development or subdivision which will have a clubhouse,
community recreation/public building/public room or similar common
facility,
efrly: shall be required to provide polling places in said community
recreation/public buildin0public room if a polling place is determined to
be necessary by the supervisor of elections Access to the polling place
must be provided to all individuals arriving to vote or work at the polling
place during official voting hours including the time required to establish
the polling2lace tabulate and post the voting results._
9
JAN 0 8 2003
This commitment shall be guaranteed through an agreement recorded in
the official records of the clerk of the circuit court of Collier County,
which shall be binding upon any and all successors in interest that acquire
ownership of such common areas including, but not limited to,
condominium associations, homeowners' associations, or tenants'
associations. This agreement shall provide for said clubhouse, community
recreation/public building/public room or similar common facility to be
used for a polling place if determined to be necessary by the supervisor of
elections.
The supervisor of elections shall be responsible for arranging use of said
clubhouse, community recreation/public building/public room or other
common facility for a polling place with the entity who controls said
common facility prior to the election.
Na„
n � I JAN 0 8 2003
Ptle-7
ORIGIN: Community Development & Environmental Services Division
AUTHOR: 1) Ross Gochenaur 2) Don Blalock, GIS Programmer & Bob Jett, GIS
Manager
DEPARTMENT: 1) Planning Services 2) Information Technology
LDC PAGE(S): LDC 3:70 — LDC 3:71
LDC SECTION: 3.3.7.1. Site development plan submittal packet
CHANGE: 1) Numerous changes have been made to the Site Development Plan (SDP)
submittal requirements. These include housekeeping changes intended to clarify existing
language and the requirement to provide additional information needed for plan review.
The resulting plan package will hopefully be more user - friendly and facilitate plan review
during the building permitting process. The most significant addition is the requirement
that the signed, sealed survey be accompanied by an attorney's opinion of title .or_ -sworn -
statement from the property owner that sufficient information has been provided to the
surveyor to allow the accurate depiction of all data required to be shown on the survey.
2) To require applicant's professional engineer to supply site development plans in which
all data be delivered in the State Plane coordinate system, with a Florida East Projection,
and a North American Datum 1983 (NAD83 datum), with United States Survey Feet
(USFEET) units; files shall be in a Digital Exchange File (DXF) format; information
layers shall have common naming conventions (i.e. right -of -way - ROW, centerlines -
CL, edge -of- pavement - EOP, etc.). Acceptable to the development services director at
the time of application of the site development plan.
REASON: 1) Basic information on zoning, legal description, and location of the property
is currently difficult to locate, since it may be included on any sheet in the plan set. The
inability of reviewers to locate key data on the site plan often delays review of both the
SDP submittal and the subsequent plan review during the building permitting process.
The proposed changes will consolidate this data and make it easier to locate and analyze.
The need for certain additional data has been recognized, and this data required. The
Code currently requires that certain information appear on the signed, sealed survey
accompanying the SDP submittal; however, surveys are based only on such information
as provided by the property owner, and carry caveats stating this. The required sworn
statement or opinion of title will help insure that all required information is provided, or,
if not, that the owner acknowledges full responsibility for not having done so. 2) The
Community Development and Environmental Services Division Addressing section
updating its software for easier data entry into the County's new Geographical
Information System (GIS). This new software will help the Addressing section to
provide highly accurate addressing information. In addition these digital submittals will
allow for plan review using the GIS, a process that which will speed up the review
process, and directly benefit the customer. Finally, these digital submittal requi
are enacted to enable the County to serve our customers, the public, better. It w.1 allow
�Q I JAN 0 g 2003
for an easier and cheaper transfer of data to the County's records via CD rather than
scanning hundreds of paper drawings each year.
FISCAL & OPERATIONAL IMPACTS: 1) None. 2) The fiscal impact to the County
will be reduced costs by not having to convert record construction drawings to digital
format.
RELATED CODES OR REGULATIONS: None.
GROWTH MANAGEMENT PLAN IMPACT: None.
Amend the LDC as follows:
Sec. 3.3.7. Site development plan review (SDP) procedures.
Are a pucanon meeuug bilal ,,.,._..��.� -- - - -- r -- --
.i prior to the submission of any site development or site improvement plan for
review. This meeting may be waived by the planning services director upon the
request of the applicant.
3.3.7.1. Site development plan submittal packet: The site development submittal packet
shall include the following, if applicable:
"
3.3.7.1.1 Ownership: A copy of the deed, contract for sale or agreement for salel
or a notarized statement of ownership clearly demonstraattin mownership, and control of the
cuhiect lot or parcel of land.
3.3.7.1.2. Site development plan. A site development plan + prepared on a
maximum size sheet measuring 24 inches by 36 inches drawn to ffscale. e
atieft w,-ft
The project title and the name, address and phone number of the firm or agent
preparing the plans and the name, address and telephone number of the property
owner.
2. Zoning
43. Vicinity map clearly identifying the location of the development and its
relationship to the surrounding community.
is A narrative statement on the plan identifying the provisions of ownership and
maintenance of all common areas, open space, private streets and
easements.
A site
a. Total site acreage.
b. Total square footage of impervious area (including all parking areas,
drive- aisles, and internal streets) and its percentage of the total site
area.
C. Total square footage of landscape area/open space and its percentage of
the total site area.
d. For residential projects, total number of units, units per acre, and a unit
breakdown by square foota a and number of bedroom
e. For nonresidential projects, total building footage and a square footage
breakdown by use (i.e., office, retail, stora e, etc) and its
nercentaae of the total buildin „ I , g „
f. All required and provided setbacks and separations
buildings and structures in matrix form.
9?
JAN 0 8 2003
r►t. l=
Qj A parking summary in matrix form which shall include:
a. Type of use.
b. Total square footage use.
• raN -
0 M,
The following information must be included in the SDP packet:
a. Information in the Standard Building Code, type of construction, number
of stories, total square footage under roof, occupancy /use and fire
sprinkler intentions of all proposed structures so that a needed fire
flow may be determined.E
b. A fire hydrant flow test report from the applicable fire district for the
closest hydrant(s) to the ro'ect so that the available fire flow may
be determined
'.Shall be
Illustrative information accurately depicted...... -�; ,�,,,.,.F ,}
as follows unless waived at the pre - application meeting:
n
A boundary survey, prepared by a professional surveyor, showing the
location and dimensions of all property lines, existing streets or
. .. 1 _ aL _ ,._L7
roads, easements,
P4.��1
b. Name, alignment and existing/proposed rights -of -way of all streets which
border the development (including raised islands, striping,
right/left turn lanes, median cuts and nearby intersections), the
location of all existing driveways or access points on the opposite
sides of all streets which border the development, and the location
of all traffic calming devices.
C. Location and configuration of all development ingress and egress points.
d. Location and arrangement of all proposed buildings (including existing
buildings that are to remain).
e. Location and configuration of all parking and loading areas.
f. Name, alignment and existing/proposed right -of -way of all internal streets
and alleys.
g. Directional movement of internal vehicular traffic and its separation from
pedestrian traffic.
h. Location and configuration of recreational facilities (including related
buildings, golf course areas, tennis courts, pools, etc.).
i. Location and general configuration of all water and drainage
retention/detention areas as well as all existing and proposed
easements, and water and sewer lines intended to serve the
development.
j. Location and general configuration of such natural features as
preservation/conservation areas, water bodies, and wetlands.
k. Location of emergency access lanes, fire hydrants and fire lanes.
1. Location of all handicapped parking spaces.
M. Location of trash enclosures.
n. , Location and heights of proposed walls or fences.
o. Accurate dimensions which include the following:
(1) All building setbacks.
(2) Distance between buildings and accessory structures.
100
JAN 0 8 2003
(3) Width of all internal streets.
(4) All parking areas and drive - aisles.
(5) Landscape areas adjacent to all vehicular drives, interior property lines
and all parking areas.
Any additional relevant information as may be required by the planning
services director.
For projects subject to the provisions of division 2.8.,
w, signed and sealed by a licensed architect, registered in the state
of Florida.
a. Scaled elevation for all sides of the building;
b. Scaled wall section from top of roof to grade depicting typical elevation
with details and materials noted, and rendered to show materials
and color scheme with paint chips and roof color samples;
C. Site sections showing the relationship to adjacent structures; and
d. A unified sign plan as required division 2.8.
ions made on the site
shall become conditions of
ft_�
JAN 0 8 2003
ORIGIN: Administrative Services Division
AUTHOR: John Houldsworth, Engineering Review and Donald Blalock, GIS Programmer
DEPARTMENT: Information Technology
LDC PAGE: LDC3:68
LDC SECTION: 3.3.7.1.2. Site development plan
CHANGE: To require an applicant's professional engineer to supply site development plans in
which all data be delivered in the State Plane coordinate system, with a Florida East Projection,
and a North American Datum 1983 (NAD83 datum), with United States Survey Feet (USFEET)
units; files shall be in a Digital Exchange File (DXF) format; information layers shall have
common naming conventions (i.e. right -of -way - ROW, centerlines - CL, edge -of- pavement -
EOP, etc.) which is acceptable to the Engineering Services Department Director at the time of the
application for site development plan approval.
REASON: The Community Development and Environmental Services Division's Addressing
section is updating its software for easier data entry into the County's new Geographical
Information System (GIS). This new software will help the Addressing section to provide highly
accurate addressing information. In addition these digital submittals will allow for plan review
using the GIS, a process that which will speed up the review process, and directly benefit the
customer. Finally, these digital submittal requirements are enacted to enable the County to serve
our customers, the public, better. It will allow for an easier and cheaper transfer of data to the
County's records via CD rather than scanning hundreds of paper drawings each year.
FISCAL & OPERATIONAL IMPACTS: The fiscal impact to the County will be reduced
costs by not having to convert record construction drawings to digital format.
RELATED CODES OR REGULATIONS: Division 3.3 Site Development Plans
3.3.7.1.2. Site development plan. A site development plan prepared on a maximum size sheet
measuring 24 inches by 36 inches drawn to scale and as well as being digitally created
on one or more CDROM disks. The digital data to be submitted shall follow these
formatting guidelines: All data shall be delivered in the State Plane coordinate system.
with a Florida East Projection and a North American Datum 1983/1990 (NAD83 /90
datum) with United States Survey Feet (USFEET) units, established by a Flora
registered surve or & mam2er. All information shall have a maximum dimensional
error of -}-0 5 feet Files shall be in a Digital Exchange File (DXF) format;
information la ers shall have common naming conventions (i.e. right-of-way - ROW.
centerlines CL edge of pavement - EOP etc) All plans shall tie into the Public
Lands Survey system (PLSS) grid, which shall be provided by Collier County's GIS
inrovement plan s setting forth the following information when applicabl : �!
I �1 JAN 0 8 2003
ORIGIN: Transportation Services
AUTHOR: Edward Kant, P.E.
DEPARTMENT: Transportation Services
LDC PAGE(S): LDC3:77
LDC SECTION: 3.3.7.1.10 (4)
CHANGE: Require Collier County Right -of -Way permit (when applicable) at the
time of Site Development Plan (SDP) approval, as opposed to at the time of building
permit
REASON: The review and approval of the Right -of -Way permit is integral to the
Site Development Plan.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: Collier County Right -of -Way Handbook
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
3.3.7.1.10 (4) Collier County right -of -way permit, if required, prior to or at site
development plan aR4e iime 44w4ding pewAii approval.
N&--
O � JAN 0 g 2003
PC 115
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Thomas E. Kuck, P.E., Director, John R. Houldsworth
DEPARTMENT: Engineering Review Services
LDC PAGE(S): LDC 3:78.1
LDC SECTION: 3.3.8.6 (New)
CHANGE: Requiring performance securities for those multi - family developments
which are served by "subdivision type improvements"
REASON: Because multi - family developments do not sell "Lots ", the development
is not subject to Division 3.2 (Subdivisions) and therefore the developer is not
required to provide performance securities for the infrastructure which serves the
development. By requiring performance securities for infrastructure improvements, -- -
we are helping to ensure that the future property owners have all of the required
site improvements in place and inspected prior to completion of the vertical
construction and the departure of the developer. Utility improvements already
require a maintenance bond.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
3.3.8.6 Performance securities for site development plans In the case of multi family
developments with individuals owned units which are served by subdivision type
improvements i.e. driveways which function as access roads and drainaee improvements,
these developments shall be required to post a performance security in a form as outlined
in Section 3.2.9.1.5 of this code Calculations for the amount of the security shall be
determined as outlined in Division 3.2 for subdivision improvements. The performance
security shall be accepted by the county prior to the issuance of the first certificate of
occupancy for the site development plan Upon a satisfactory final inspection of the
improvements which shall be no later than 24 months from approval of the site
development plan the performance security shall be returned to the developer. One year
extensions may be granted by the Engineering Review Director.
o �I
JAN 0 8 2003
PS
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Thomas E. Kuck, P.E., Director, Engineering Services Department, and Ross
Gochenaur, Planner
DEPARTMENT: Engineering Services, Planning Services
LDC PAGE(S): LCD 3:78.2 & 2:238.8 (Supp. 13)
LDC SECTION: 3.3.10. and 2.7.2.15 Site development plan time limits
CHANGES: 1. Delete the provision for extending an approved Site Development Plan
(SDP) beyond the original two -year period. This language is found in Division 2.7,
Administration and Procedures, as well as in Division 3.3, Site Development Plans. 2.
Add a provision for the cancellation of an SDP submitted and under review if response to
staff comments has not been received within 270 days of the date on which the comments.______.
were sent to the applicant. 3. Add a provision for a time frame for completion of
infrastructure improvements for SDP's and Site Improvement Plans (SIP).
REASON: 1. The current language allows a one -year extension of an approved SDP,
provided that that the plan is brought into compliance with the Code as of the date of the
request. In order to accomplish the review required to determine that the plan was in
compliance, the SDP would have to be resubmitted in its entirety and distributed to all
review components. Any aspects of the plan not in compliance with the current Code
would have to be brought into compliance by means of an SDP amendment, thereby
defeating the purpose of the extension. Staff is of the opinion that a two -year SDP
lifespan is adequate, given that this period encompasses four LDC amendment cycles.
Language has been included allowing for one amendment of the SDP prior to the
expiration date, and thereby accomplishing the intent of the original extension provision.
2. Currently, an SDP may remain under review, pending response to staff comments, for
an indeterminate length of time. Staff considers that 270 days (9 months) is an adequate
amount of time for the applicant to prepare a response to the reviewers' comments. 3.
Currently, once construction commences on an approved SDP or SIP, there is no time
frame identified for completion of construction. This change rectifies that oversight.
FISCAL & OPERATIONAL IMPACTS: Implementation of Item 2 would reduce
unnecessary recordkeeping and allow better space management by Engineering Services
Staff
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
165
JAN 0 8 2003
Amend the LDC as follows:
Sec. 3.3.10. Site Development Pplan time limits for review, approval and construction.
1 Site development plans (SDP's) once accepted for review, will remain under
review so long as a resubmittal in response to a County reviewer's comments is
received within 270 da s of the date on which the comments were sent to the
applicant If a response is not received within this time, the application for site
development plan review will be considered withdrawn and cancelled. Further
review of the project will require a new application subject to the then current
Code.
2. Approved site development plans SDP's sly only remain valid and in force for
two years from the date of their approval unless construction has commenced as
follows. If tie de.'elepm actual construction has not commenced within two
years, measured by the date of the SDP approval letter, the site development plan
shed! -a *pre approval term expires and the SDP is of no force or effect-, however
one amendment to the SDP may be approved prior to the expiration date, which
_would allow the SDP as amended to remain valid for two years measured from
the date of approval of the amendment so long as the proposed amendment
complied with the requirements of the then existing Code.
te the
m" be granted for- geed eause shown upeft wfittefi aff"--6--
• a the site
modified te bring the plan ifite eewPliame with MY new pr-evisiens ef this Gede
in ff + at the + of ff& Once construction has commenced,
the approval term will be determined by the following provisions.
3. The construction of all infrastructure improvements approved by an SDP must be
completed and the engineer's completion certificate provided to the engineering
services director, within eighteen (18) months of the pre - construction conference.
i.e., commencement of construction A single six -month extension to complete
construction may be granted for good cause shown if a written request is
submitted to and approved by the engineering services director prior to
expiration of the then effective approval term Thereafter, once the SDP approval
term expires the SDP is of no force or effect.
2.7.2.15. Site development plan time limits. Approved final site development plans
SDP's slat gal remain valid and in force for two years from the date of approval
unless construction has commenced as specified in Section 3.3.10.3. If no development (
,i•e., actual construction)1 has commenced within two years, measured from the date of
the required pre - construction conference the site development plan shaH-e approval
JAN 0 g 2003
VJ Pa 118
remain valid for two years measured from the date of approval of the amendment so lone
as the proposed amendment complied with the requirements of the then existing Code.
sten may be gER
ems- Once construction has commenced the approval term will be determined by the
provisions of Section - 3.3.10.3.
2.7.2.16 Rezoning application nrocessinQ time An application for a rezoning
amendment or change will be considered "open" when the determination of "sufficiency"
has been made and the application is assigned a petition processing number. An
a lication for a rezoning amendment or chap a will be considered "closed" when the
petitioner withdraws the subject application through written notice or ceases to supply
necessary information to continue processing or otherwise actively pursue the rezoning,
for a eriod of six 6 months. An application. deemed "closed" will not receive further
processing and shall be withdrawn and an application "closed" through inactivity shall be
deemed withdrawn The Planning Services Department will notify the applicant of
closure however, failure to notify by the County shall not eliminate the "closed" status of
a petition An application deemed "closed" may be re- opened by submitting a new
application, repayment of all anplication. fees and granting of a determination of
"sufficienc '. Further review of the request will be subject to the then current code.
lob
No._
JAN 0 g 2003
PS. 1 l
ORIGIN: Community Development & Environmental Services
AUTHOR: Bill Spencer, Engineer
DEPARTMENT: Engineering Services Department
LDC PAGE: LDC3:78.3
LDC SECTION: 3.4.5. Permit application requirements and conditions
CHANGE: Change requirements from letter to permit and Department realignment
REASON: New procedures because of computerization of Permitting and
Department realignment
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
3.4.5.1. General application requirements. Application for the Collier County user/blaster
permit shall be signed by the user and
filed with the Engineering Services Department.
The application letter- shall detail the purpose of the permit and shall include, but shall
not be limited to, the following data and information or, where applicable, shall have
such data and information submitted as an attachment. It is not the intent of this
division to require an applicant who has previously obtained a State of Florida user of
explosives license or explosive blaster permit to again produce original data and
information (other than the originals requested in section[s] 3.4.5.1.1 through 3.4.5.1.6
below) that was supplied as part of the application process for the state license or
permit and which original data and information is on file with the den
Engineering Services Department. In the event that application
data or information required by this section has been previously supplied to the
department of natural resources, the applicant may supply copies of such information
to Collier County to fulfill the specific data or information requirement.
No.
I
08 JAN 0 8 2003
ORIGIN:
AUTHOR:
DEPARTMENT:
LDC PAGE:
LDC SECTION:
CHANGE:
Bill Spencer, Engineer
Engineering Services Department
LDC3:78.4
3.4.5.1.7.
Change requirements for letter to permit
REASON: New procedures because of computerization of permitting
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
3.4.5. 1.7. A1egal -deser-ifltien Location of the site at which blasting will occur, including section,
township, and range.
loq
JAN 0 8 2003
ORIGIN: Community Development & Environmental Services
AUTHOR: Bill Spencer, Engineer
DEPARTMENT: Engineering Services Department
LDC PAGE: LDC3:78.4
LDC SECTION: 3.4.5.1.10.
CHANGE: To clarify
REASON: To clarify
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
3.4.5.1.10. Blasting activities will not be permitted within 350 feet of any existing structures, structures
under construction, or within 350 feet of public roads way * Rights- of -Way.
110
No.
JAN 0 8 2003
P8 12�L
ORIGIN: Community Development & Environmental Services
AUTHOR: Bill Spencer, Engineer
DEPARTMENT: Engineering Services Department
LDC PAGE: LDC3:79
LDC SECTION: 3.4.5.2.2.
CHANGE: Change requirements from letter to permit
REASON: New procedures because of computerization of permitting
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
3.4.5.2.2. A full description of the following blasting information (in cases where a manufacturer,
distributor or dealer who is acting as a user in conjunction with a commercial
excavation and that site's representative(s) is purchasing explosives and has a user's
license, it shall be the responsibility of the site's user or blaster to supply the appropriate
information contained below to the development services director for review and
approval prior to placement of explosives within the ground):
1. Depth and number of holes.
2. Size of the holes.
3. Size of the explosive charges.
4. Maximum number of pounds of explosives per hole; maximum pounds per delay.
5. Number of holes which are planned to be shot each day.
6. Type of initiation device to be utilized, i.e., blasting caps, detonating cord, etc.
7. 9-The pounds per shot when underwater "doby" detonation is performed (if such
information is applicable to the blasting activity). F .�.s —rM
N&_
JAN 0 8 2003
P9.
ORIGIN: Community Development & Environmental Services
AUTHOR: Bill Spencer, Engineer
DEPARTMENT: Engineering Services Department
LDC PAGE: LDC3:80
LDC SECTION: 3.4.7.1.
CHANGE: Change requirements from letter to permit and Department realignment
REASON: Department realignment
FISCAL & OPERATIONAL IMPACTS: None - -
RELATED CODES OR REGULATIONS: None
Sec. 3.4.7. Permit application review procedures.
3.4.7.1. Upon submittal of the leOer- a application to the office of the development Engineering
Services Director se- Rees diFe, processing shall commence.
Z JAN 0 g 2003
PC ) a�L
ORIGIN: Community Development & Environmental Services
AUTHOR: Thomas E. Kuck, Engineering Services Director
DEPARTMENT: Engineering Services
LDC PAGE: LDC 3:80 & 3:81
LDC SECTION: 3.4.7 & 3.4.7.1.4
CHANGE: Increasing the distance requirement for pre -blast surveys and
notification
REASON: To provide neighboring residents the opportunity to have a pre-
blast survey of their property and to increase the radius of
notification that blasting will be occurring.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
3.4.7.1.3. Pre -blast inspections.
1. Prior to detonation of explosives a list of all pre -blast
inspections performed shall be provided to the Engineering
Plan Reviev; and IR6P64GRG Services Department. Pre -
Blast inspections are required for structures if one of the
following conditions has been satisfied:
a. If the structure is within a distance of 460 200 feet times
the square root of the charge away from the blast, as
infrastructure by the following formula:
D= 4-50 200 x W/2
(Where "D" equals the distance in feet and "W" equals the weight
of the charge in pounds of explosives per delay.)
b. If the structure is within 3W 500 feet of the blast permitted for
any size charge. rAG
112)
No._
JAN 0.8 2003
3.4.7.1.4
2. Pre -blast inspections shall be conducted by an independent
seismologist, vibration engineer, structural engineer, or their
representative. The pre -blast survey inspection shall consist of
complete documentation of all visible interior and exterior defects
observed at the structure. The inspection documentation shall be
prepared on eight and one -half by 11 or eight and one -half by 14
sheet(s) of paper. The date of the inspection must be indicated on the
documentation.
Interior and/or exterior 35 mm photographs of the structure and
appurtenances containing defects must be identifiable as to the
location and date taken.
A list of all pre -blast surveys shall be received by the Engineering
Plan Review aad_ifl_�� Services Department no later than five
days prior to the planned commencement of blasting. A location map
indicating the streets and structures involved shall be submitted
together with this list.
Pre -blast notification
1. The applicant shall provide written notification to residents who
have not received a pre -blast inspection of the pending blast at least
ten days prior to the commencement of the initial blast. The
notification brochure shall be mailed or placed on the front door of
each individual residence within the notification radius. A list of the
property owners who were notified shall be furnished to the county
Prior to blastine.
2. Notification shall be distributed to all properties containing
structures within a radius calculated for a scaled distance of 4-50 200
feet, plus an additional 50 percent.
3. The written notification shall describe the blasting which will take
place, its effect on the residents, their ability to obtain a pre -blast
survey and how to contact the user or his or her representative with
any blast related complaints or claims. Property owners shall be
given a five -day window to respond to the availability and their
desire to obtain a pre -blast survey.
4. If blasting is suspended in an area for a period of 90 days or longer,
renotification of all, residents within the radius calculated for a
scaled distance of 450 200 feet pits an additional 50 percent shall be
accomplished at least seven days prior to the re- commencement of
blasting.
llq
No._____
JAN 0 8 2003
ORIGIN: Community Development & Environmental Services
AUTHOR: Bill Spencer, Engineer
DEPARTMENT: Engineering Services Department
LDC PAGE: LDC3:81
LDC SECTION: 3.4.7.2.
CHANGE: Change requirements from letter to permit and Department realignment
REASON: New procedures because of computerization of permitting and Department
realignment
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
3.4.7.2. Within ten working days after an letter -e€ application has been fully completed, as
determined by the Development Services Director or designee. and submitted to the
Engineering Develepment Services Director or designee, the Engineering Development
Services Director or design, ee. shall:
i l S
Na._,_,
JAN 0 8 2003
ps.1=
ORIGIN: Community Development & Environmental Services
AUTHOR: Bill Spencer, Engineer
DEPARTMENT: Engineering Services Department
LDC PAGE: LDC3:81
LDC SECTION: 3.4.7.2.1.
CHANGE: Change requirements form letter to permit
REASON: New procedures because of computerization of permitting
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
3.4.7.2.1. Approve the letter e€ application and issue a permit with such conditions, if any, which may be
deemed necessary; or
)1(0
Na
JAN 0 8 2003
P9.1�2
ORIGIN: Community Development & Environmental Services
AUTHOR: Bill Spencer, Engineer
DEPARTMENT: Engineering Services Department
LDC PAGE: LDC3:88
LDC SECTION: 3.4.13.5.1
CHANGE: Change requirements form letter to permit and Department realignment
REASON: New procedures because of computerization of permitting and Department
realignment
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
3.4.13.5.1 It shall be unlawful for any person, to blast, fire, detonate or use any amount of explosive
within the territorial limits of the county without fist obtaining a blasting permit as hereinafter
provided by this section; provided that in any event it shall be unlawful for any person to blast,
fire or detonate or use any amount of explosives which would result in a resultant peak particle
velocity in excess of 0.5 inches per second when measured on the ground at the nearest
building or structure finished or under construction not owned by the permittee, or at a
location identified by the seismologist of record and the
Engineering Services Director, or designee. A blasting control procedure is herby established
by adopting an 80 percent rule for controlling blasting in urban construction environments. If
80 percent of the allowable particle velocity is exceeded, no blasting may be undertaken until
a letter, facsimile transmission, or telephone call with a follow -up letter or facsimile
transmission is provided by the blasting permit applicant to the county identifying a revised
blasting mythology which provides procedures that will be implemented to assure that a peak
particle velocity of 0.5 inches per second will not be exceeded.
iii
ft--__
JAN 0 8 2003
Pg] 09
ORIGIN: County Attorney
AUTHOR: Patrick G. White, Assistant County Attorney
DEPARTMENT: County Attorney's office
LDC PAGE: 3.142.2
LDC SECTION: Section 3.9.7.
CHANGE: Amend provisions for appeal process for clarification purposes and to
provide for a time limit and application submittal requirements.
REASON: Clarification about requirements and process.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
GROWTH MANAGEMENT PLAN IMPACT: None.
Amend the LDC as follows:
Sec. 3.9.7. Appeal by aggrieved person
Any person who feels aggrieved by the application of this division except one who is the subject
of a violation of this division that has not been lawfully abated, may file, no later than w#h -30
days after the occurrence of the event(s) which first gave rise to said grievance and upon
payment of the required fee, a written petition with the deyelepMeat planning services director, to
have the case reviewed by the Collier County Board of County Commissioners. The petition filed
must specifically state all relevant and material facts pertinent to the event(s) which gave rise to
the grievance as well as the remedy or relief being sought on review. The planning services
director, no later than 30 days after receipt of a sufficient petition will prepare an appropriate
written response thereto and then schedule the case to be reviewed by the Board of County
Commissioners at its next regularly scheduled public meeting.
Na
II Q I JAN 0 g 2003
�> x.130
ORIGIN: Community Development and Environmental Services Division
AUTHOR: Barbara S. Burgeson, Sr. Environmental Specialist
DEPARTMENT: Planning Services
LDC PAGE: LDC3: 157
LDC SECTION: 3.13.6
CHANGE: To amend the notice and public hearing procedures for obtaining a
Coastal Construction Control Line Variance; providing more
extensive information to the public and to make the process
consistent to that required by other variances.
REASON: To provide the public with more notice and information regarding
proposed CCSL variances.
FISCAL & OPER.ATIONAL IMPACTS: There will be an additional cost for signage
to the County (if the parcel is less than one acre in size) or to the
property owner if the parcel is one acre or more in size.
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
3.13.6.2 Notice and public hearing for coastal construction setback line
variances In the case of an auplication for coastal construction
setback line (CCSLI variances such provisions shall be enacted or
amended pursuant to the following public notice and hearinne
requirements by the board of county commissioners.
1 A sign shall be posted at least 15 days prior to. the date of the
public hearing by the board of county commissioners. The sign
to be posted shall contain substantially the following langg
and the sun's copy shall utilize the total area of the sign:
I i 9
No.
JAN 0 8 2003
PUBLIC HEARING REQUESTIN G
CCSL VARIANCE APPROVAL
(both to contain the following information:)
_TO PERMIT (Sufficiently clear to describe the project)
DATE:
TIME:
TO BE HELD IN COMMISSIONERS MEETING ROOM
COLLIER COUNTY GOVERNMENT CENTER.
The area of the signs shall be as follows:
a For properties less than one acre in size the sign shall
measure at least one and one -half square feet in area.
b For properties one acre or more in size the sign shall
measure at least 32 square feet in area.
2 In the case of signs located on properties less than one acre in
size a sign shall be erected by the development services director in
full view of the public on each street side of the subject property and
on the side of the ro ert visible from the beach. Where the
property for whichproval is sought is landlocked or for some
other reason the signs cannot be posted directly on the subject
property then the sign or signs shall be erected along the nearest
street right of way with an attached notation indicating generally the
distance and direction to the subject property.
3 In the case of signs located on properties one acre or more in
size the applicant shall be responsible for erecting the re ua ired
signs) A sign shall be erected in full view of the public on each
street upon which the subject property has frontage and on the side
of the property visible from the beach Where the subject property is
landlocked or for some other reason the sgns cannot be posted
directly on the property, then the sign or signs shall be erected aloes
the nearest street right of way with an attached notation indicating
generally the distance and direction to the subject property. There
shall be at least one sign on each external boundary which fronts
Won a street however, in the case of external boundaries along a
street with greater frontages than 1,320 linear feet signs shall be
p_lac ed eguidis ant from one another with a maximum spacing Of
1,000 linear feet except that in no case shall the number of signs
along an exterior boundary fronting on a street exceed four signs.
The applicant shall provide evidence to the planning services
�Zo
No._,___.__._—
JAN 0 8 2003
�. 1,3
department that the sign(s) were erected by furnishing nhotogranhs
of the signs) showing the date of their erection at least ten days prior
to the scheduled public hearing` by the ylammng commission,
whichever has jurisdiction The signs shall remain in place until the
date of either of the followin occurrences: 1. Final action is taken
by the board of county commissioners or 2. The receipt of written
notification by the planningi services department director from the
applicant reguestingL to withdraw the petition or requesting its
indefinite continuance.
4 Notice of the time and place of the public hearing by the board
of county commissioners shall be advertised in a newspa ep r of
general circulation in the county at least one time at least 15 days
prior to the public hearing Where applicable the notice shall clearly
describe the proposed land uses applicable development standards,
intensity or densit y in terms of total floor area of commercial or
industrial space and dwelling units per acre for residential pro'ei cts,
and a description of the institutional or recreational uses when part of
the develo merit strate
Y. The advertisement shall also include a
location map that identifies the approximate geographic location of
the subject property.
5. The board of cognty commissioners shall hold one advertised
public hearing on the proposed ordinance or resolution and may,
upon the conclusion of the hearing immediately adopt the ordinance
or resolution.
netiee.
3.13.6.43 The board of county commissioners shall notify petitioner in writing
of its decision within 15 days of the public hearing.
3.13.6.54 Any person aggrieved by a decision of the board of county
commissioners granting or denying a variance may apply to the
circuit court of the circuit in which the property is located for
judicial relief within 30 days after rendition of the decision by the
board of county commissioners. Review in the circuit court shall be
by petition for a writ of certiorari and shall be governed by the
Florida Appellate Rules.
i 2- �
Na__
JAN 0 8 2003
PS.-
ORIGIN: Don Pickworth for residents of Lely Barefoot
AUTHOR: Don Pickworth, P.A.
DEPARTMENT: N/A —Private submittal
LDC PAGE: LDC3: 158
LDC SECTION: 3.13.8
CHANGE: Addition of Coastal Construction Setback Line (CCSL) permit for use of lawn and
non - native coastal plant species seaward of the CCSL, with criteria.
REASON: To provide outdoor yard space for single - family homes constructed up to the CCSL.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: To be determined as part of staff review of
the application.
Amend the LDC as follows:
Sec. 3.13.8. Permits.
The following activities seaward of the coastal construction setback line shall not require a
hearing by the board of county commissioners, but shall require a coastal construction setback
line permit. Such permit shall be reviewed and approved administratively by site development
review environmental staff. The appropriate fee as set by county resolution shall be submitted
with permit application.
3.13.8.3. Use of lawn and non - native coastal plant species on a single- family lot, when a
Florida Dppartment of Environmental Protection (FDEP) permit has been
obtained and the following criteria have been met.
3.13.8.3.1. A building_ permit has been issued for a single family dwelling unit.
3.13.8.3.2. Distance seaward of the CCSL shall not exceed 15 feet.
3.13.8.3.3. Use of any Category I invasive exotic plants as defined by the Florida Exotic Pest
Plant Council, is prohibited. F_ ACA -MA
2 Z I JAN 0� 03
E
i
3.15
-De�1vE;vz ED
SepcxrA-�£
uy-)�r-
co \1
1 23
ORIGIN: Public Utilities Division
AUTHOR: Ray Smith, Director
DEPARTMENT: Pollution Control & Prevention
LDC PAGE: LDC3:186
LDC SECTION: 3.16.2.1.2.1.7. to 3.16.2.1.2.1.13.
CHANGE: Through the "Wellfield Remodeling" exercise,
Collier County's Ground Water Protection LDC will better
reflect the current status of those municipal wells located
within the County.
REASON: Wellfield Remodeling
FISCAL & OPERATIONAL IMPACTS: There are no
known fiscal impacts on Collier County other than the cost
of updating the existing Ground Water Protection LDC
maps and Zoning Maps. The only known operational
impact would be the required identification and
application of changes in County's Ground Water
Protection LDC land use restrictions due to changes in
active municipal well locations and pump rates.
RELATED CODES OR REGULATIONS: NA
3.16.2.1.2.1.7. The following wellfields withdraw groundwater from the water table aquifer:
A. The Everglades City Wellfield; and
B. The Florida Governmental Utility Authority Golden Gate Water Treatment
Plant Cities (Avatar-) Wellfield_ —cam
3.16.2.1.2.1.8. The following wellfields withdraw groundwater from the Lower Tamiami
aquifer:
A. The East Golden Gate Wellfield;
B. The Coastal Ridge (Goodlette Road) Wellfield;
C. The Collier County Utilities Wellfield;
Tl Tl. !'1 .i �1To11 � el.i
I
No.__,_.
JAN 0 8 2003
B D. The Airport Water Treatment Plant Wellfield of the Immokalee Water and
Sewer District wellfields;
F-. E. The Carson Road Water Treatment Plant Wellfield of the Immokalee
Water and Sewer District wellfields; and
F. The Oran eg Tree Pelisan43ay Wellfield.
aqugff-s�-
3.16.2.1.2.1.9.4.9 The Main Water Treatment Plant Wellfield of the Immokalee Water and Sewer
District wellfields withdraws groundwater from the Lower Tamiami and the
Sandstone Aquifers.
3.16.2.1.2.10. 447 Available data indicate that:
A. The water table aquifer is unconfined across all of geographic Collier County, and
receives its recharge directly from infiltration from the land surface.
B. The Tamiami confining beds, where present, act in a semi - confining manner
(Missimer and Associates, 1990).
C. In some areas of Collier County, the semi - confining beds are absent (Knapp et al.,
1986, figure 19).
D. The stratigraphic zone containing the semi - confining beds varies from a thickness
of zero feet to approximately 50 feet within [the] county (Knapp et al., 1986).
E. In some areas of Collier County where regional data indicate a thick section of
semi - confining beds (Knapp et al., 1986), local information shows a substantially
thinner section of the same (e.g., Missimer and Associates, 1990; and
Alamo /Saxema, 1990).
F. Well completion reports citing well completion depths for (i) private potable
water supply wells, (ii) public water supply wellfields, and (iii) consumptive water
use permits indicate that more than 80 percent of persons in geographical Collier
County derive their potable water from the water table and Lower Tamiami
aquifers (SFWMD and department files).
G. Hydrograph data from South Florida Water Management District (SFWMD)
monitoring wells completed in the water table aquifer and in the Lower Tamiami
aquifer indicate that in some areas of Collier County, there is essentially
unrestricted hydraulic connection between the two aquifers (e.g., Wells C -976 and
C -977, United States Geological Survey Data Reports Well Years 19 -19%WW
only partially restricted hydraulic connections (e.g., Wells C -953 and - 95t�g.�.1_
I Z�� JAN 0 8 2003
3.16.2.1.2.1.11.E SFWMD technical assistance information includes a finding that "[d]ue to the
leaky nature of the Tamiami confining beds ... there is presently not enough
data to conclude that these confining beds could protect the aquifer from
surface contamination. Therefore, land use decisions should be geared towards
restricting hazardous chemicals or industries from the immediate areas where
the Lower Tamiami is being used as a source of drinking water supply."
(Water Resources Data and Related Technical Information to Assist Local
Government Planning in Collier County, SFWMD, 1987, p. Co -C -5.)
3.16.2.1.2.1.12.E The risk of contamination of groundwater and existing and future wellfields in
geographical Collier County will be reduced by regulating the development,
land use, and activity within Collier County and ensuring that state
groundwater quality standards are implemented.
LDC AMENDMENT/ /
12,&
JAN 0 g 2003
a 131
ORIGIN: Public Utilities Division
AUTHOR: Ray Smith, Director
DEPARTMENT: Pollution Control & Prevention
LDC PAGE: LDC3:187 to LDC3:188
LDC SECTION: 3.16.2.1.2.2.1. to 3.16.2.1.2.2.3.
CHANGE: Through the "Wellfield Remodeling" exercise,
Collier County's Ground Water Protection LDC will better
reflect the current status of those municipal wells located
within the County.
REASON: Wellfield Remodeling
FISCAL & OPERATIONAL IMPACTS: There are no
known fiscal impacts on Collier County other than the cost
of updating the existing Ground Water Protection LDC
maps and Zoning Maps. The only known operational
impact would be the required identification and
application of changes in County's Ground Water
Protection LDC land use restrictions due to changes in
active municipal well locations and pump rates.
RELATED CODES OR REGULATIONS: NA
3.16.2.1.2.2.1. Withdrawing from the water table aquifer:
A. The Everglades City Wellfield; and
B. The Florida Governmental Utility Authority Golden Gate Water Treatment
Plant C4 +"*"*") Wellfield_
3.16.2.1.2.2.2. Withdrawing from the Lower Tamiami aquifer:
A. The East Golden Gate Wellfield;
B. The Coastal Ridge (Goodlette Road) Wellfield;
C. The Collier County Utilities Wellfield;
D. The Orange Tree Pee+hwea Bay Wellfield.
I Z.-]
N& --
JAN 0 8 2003
P9
F,-. E. The Airport Water Treatment Plant Wellfield of the Immokalee Water and
Sewer District wellfields; and
fr F. The Carson Road Water Treatment Plant Wellfield of the Immokalee
Water and Sewer District wellfields.
3.16.2.1.2.2.3. Withdrawing from the surficial and intermediate aquifer systems:
A. The Main Water Treatment Plant Wellfield of the Immokalee Water and
Sewer District wellfields.
LDC AMENDMENT/ /
iz8
No.
JAN 0 8 2003
P4-139-
ORIGIN: Public Utilities Division
AUTHOR: Ray Smith, Director
DEPARTMENT: Pollution Control & Prevention
LDC PAGE: LDC3:191
LDC SECTION: 3.16.2.4.1.1. to 3.16.2.4.1.9.
CHANGE: Through the "Wellfield Remodeling" exercise,
Collier County's Ground Water Protection LDC will better
reflect the current status of those municipal wells located
within the County.
REASON: Wellfield Remodeling
FISCAL & OPERATIONAL IMPACTS: There are no
known fiscal impacts on Collier County other than the cost
of updating the existing Ground Water Protection LDC
maps and Zoning Maps. The only known operational
impact would be the required identification and
application of changes in County's Ground Water
Protection LDC land use restrictions due to changes in
active municipal well locations and pump rates.
RELATED CODES OR REGULATIONS: NA
3.16.2.4.1.1. East Golden Gate Wellfield.
3.16.2.4.1.2. Coastal Ridge (Goodlette Road) Wellfield.
3.16.2.4.1.3. Collier County Utilities Wellfield.
3.16.2.4.1.4. Everglades City Wellfield.
3.16.2.4.1.5. Florida Governmental Utility Authority Golden Gate Water Treatment Plant
cit er, (Ayatw) Wellfield.
3.16.2.4.1.6. The Orange Tree Glades Wellfield.
3.16.2.4.1.7. immokalee Water and Sewer [District] wellfields drilled
Tamiami aquifers and Sandstone aquifers.
I -L9
JAN 0 8 2003
LDC AMENDMENT/ /
30
AGENDA ITEM
Nm-
JAN 0 8 2003
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Donald A. Schneider, Principal Planner
DEPARTMENT: Planning Services
LDC PAGE: LDC5: 3
LDC SECTION: 5.2.2
CHANGE: To amend the section on Planning Commission powers and duties
to include legislation enacted by the Legislature of the State of
Florida: Section 1. Subsection (1) of section 163.3174 Florida
Statutes, (Local planning agency).
REASON: To remain in compliance with Florida Statutes.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGUALTIONS: None
GROWTH MANAGEMENT PLAN IMPACT: This amendment will not have an
impact on the Growth Management
Plan.
Amend the LDC as follows:
Sec. 5.2.2. Powers and duties.
The planning commission shall have the following powers and duties:
5.2.2.1. To serve as the local planning agency (LPA), and land development regulation
commission as required by F.S. §§ 163.3174 and 163.3194.
5.2.2.2. To prepare or cause to be prepared the Collier County growth management
plan or element or portion thereof and to submit to the board of county
commissioners an annual report recommending amendments to such plan,
element or portion thereof.
5.2.2.3. To prepare or cause to be prepared the land development regulations and code
to implement the Collier County growth management plan, and to sub it tn
the board of county commissioners an annual report recommending AGENDA ITEM
amendments to the land development code. No,
I '31 JAN 0 8 2003
5.2.2.4. To initiate, hear, consider and make recommendations to the board of county
commissioners on applications for amendment to the text of the Collier
County growth management plan and the land development code.
5.2.2.5. To initiate, review, hear and make recommendations to the board of county
commissioners on applications for amendment to the future land use map of
the Collier County growth management plan or the official zoning atlas of the
land development code.
5.2.2.6. To hear, consider, and make recommendations to the board of county
commissioners on applications for conditional use permits.
5.2.2.7. To make its special knowledge and expertise available upon reasonable
written request and authorization of the board of county commissioners to any
official, department, board, commission or agency of the county, state or
federal governments.
5.2.2.8. To recommend to the board of county commissioners additional or amended
rules of procedure not inconsistent with this division to govern the planning
commission's proceedings.
5.2.2.9. To perform those functions, powers and duties of the planning commission as
set forth in chapter 67 -1246, Laws of Florida, incorporated herein and by
reference made a part hereof, as said chapter has been or may be amended.
5.2.2.10. To consider and take final action regarding preliminary subdivision plats
processed pursuant to the provisions of division 3.2.
5.2.2.11. The school district member of the planning commission shall attend those
planning commission meetings at which comprehensive plan amendments and
rezonings that would, if approved, increase residential density of the property
that is the subject of the application being considered.
13Z
AGENDA MM
JAN 0 8 2003
P. Iq3 -
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Donald A. Schneider, Principal Planner
DEPARTMENT: Planning Services
LDC PAGE: LDC5: 4
LDC SECTION: 5.2.3
CHANGE: To amend the section on Planning Commission membership to
include legislation enacted by the Legislature of the State of
Florida: Section 1. Subsection (1) of section 163.3174 Florida
Statutes, (Local planning agency).
REASON: To remain in compliance with Florida Statutes.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGUALTIONS: None
GROWTH MANAGEMENT PLAN IMPACT: This amendment will not have an
impact on the Growth Management
Plan.
Amend the LDC as follows:
Sec. 5.2.3. Commission membership
5.2.3.1. Qualifications. Members of the planning commission shall be permanent
residents and qualified electors of Collier County. Although no specific
experience requirements shall be necessary as a prerequisite to appointment,
consideration shall be given to applicants who have experience or who have
shown interest in the area of planning, zoning and related fields. Further
consideration in the appointment of planning commission members shall be
made so as to provide the planning commission with the needed technical,
professional, business and/or administrative expertise to accomplish the duties
and functions of the planning commission as set forth in this code. The
appointment of all members to the planning commission shall be by resolution
of the board of county commissioners. In the event that any member is no
longer a qualified elector or is convicted of a felony or an offense involving
moral turpitude while in office, the board of county commissioners shVr'Arj
33
No.
JAN 0 8 2003
terminate the appointment of such person as a member of the planning
commission.
5.2.3.2. Appointment. The planning commission shall be composed of nine members
to be appointed by the board of county commissioners. In addition, a
representative of the school district appointed by the school board shall serve
as a non - voting member of the planning commission unless the board of
county commissioners grants voting status to the school district representative.
5.2.3.3.Initial appointments. Initial appointments to the planning commission shall be
made by selection from those members and/or alternates serving on the Coastal
Area planning commission and those members and/or alternates serving on the
Immokalee Area planning commission immediately prior to the effective date of
Ordinance 85 -51. The board of county commissioners shall designate seven
members from the regular members and/or alternates of the Coastal Area planning
commission and two members from the regular members and/or alternates of the
Immokalee Area planning commission. If, for any reason, there is an insufficient
number of regular and/or alternate members from which to designate the
membership of the planning commission, the board shall request and accept
applications from the general public to complete the initial appointment of
members to the planning commission. Initial members shall be appointed and
designated pursuant to resolution of the board of county commissioners.
5.2.3.4.Reappointments. All reappointments to the planning commission shall be made
so as to achieve the following geographical distribution of membership:
One member: Appointed by the school district.
JAN 0 8 2003
ORIGIN:
Community Development & Environmental Services Division
AUTHOR:
Donald A. Schneider, Principal Planner
DEPARTMENT:
Planning Services
LDC PAGE:
LDC5: 5
LDC SECTION:
5.2.4
CHANGE:
To amend the section on Terms of Office to include one school
district member for a term of four years.
REASON:
To remain in compliance with Florida Statutes.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGUALTIONS: None
GROWTH MANAGEMENT PLAN IMPACT: This amendment will not have an
impact on the Growth Management
Plan.
Amend the LDC as follows:
Sec. 5.2.4. Terms of Office.
The initial terms of office of the planning commission shall be as follows:
* * * * * * * * * * *
The school district member shall be appointed for a term of four years.
13�D
AGENDA rMm
NO.
JAN 0 g 2003
P-.- Il u
ORIGIN: Community Development and Environmental Services Division
AUTHOR: William D. Lorenz, P.E., Natural Resources Director
DEPARTMENT: Natural Resources
LDC PAGE: LDC5:17
LDC SECTION: 5.13.2.3
CHANGE: Remove the requirement for the Environmental Advisory Council
(EAC) to present an annual report to the Board of County
Commissioners (BCC).
REASON: The LDC requires the EAC to present an annual report to the BCC
in May of each year. This reporting requirement is specific to the
EAC and is not part of the normal review schedule and process for
other advisory boards. Deleting this requirement will make the
EAC's reporting requirement consistent with that of the other
advisory boards.
FISCAL & OPERATIONAL IMPACTS: Deleting this requirement will result in an
annual savings of approximately $500 in
staff time related to the coordination of the
annual report.
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
5.13.2.3
The powers and duties of the EAC are as follows:
i 3(0
J ZN 8) 2042
�q 'y(o A.
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Susan Murray, AICP
DEPARTMENT: Planning Services
LDC PAGE(S): LDC 6:8
LDC SECTION: Div. 6.3 Definitions
CHANGE: Reinsert original definition of term "Alley ", changed by Ordinance 02-
03
REASON: The language as earlier revised resulted in a conflict with development
standards required by the Golden Gate Area Master Plan. Reverting to the original
language resolves this conflict.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: Resolves conflict described above.
Amend the LDC as follows:
Alley: The A public or approved private way which affords only a secondary means
of access to abutting properties and which is not intended for general traffic
circulation.
No.
�)7 1 JAN 0 8 2003
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Mike Bosi
DEPARTMENT: Planning Services
LDC PAGE: LDC6:44
LDC SECTION: 6.3
CHANGE: To add the term Outparcel and its definition to section 6.3 of the Land Development
Code
REASON: There are 14 separate references to the term " Outparcel" within the LDC, but
currently no definition of the term. The addition of Outparcel to LDC Section 6.3, Definitions,
will provide a clear reference to the term; and the conditions and standards under which an
outparcel is regulated by the LDC.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
Sec. 6.3 Outparcel: A site for a freestanding building or buildings which is generally related to
an original (parent) development tract, and is adjacent to a roadway that interrupts the frontage
of another lot and is intended or withheld by the developer for development separately from the
majority of the original development. The outparcel must meet the minimum development and
dimensional standards of the underl nng zoning district, must provide the required number of
parking spaces to accommodate the proposed use(s) and shall integrate access, landscaping,
architecture and signage with the main component of the project, based upon the specific
provisions of the Land Development Code and the appropriate PUD ordinance.
I 3�j I JAN 0 g 2003
v� b
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Susan Murray, AICP
DEPARTMENT: Planning Services
LDC PAGE(S): LDC 6:8
LDC SECTION: Div. 6.3 Definitions
CHANGE: Define the term "Passenger Vehicle"
REASON: The term "passenger vehicle" is used and defined in Section 2.3.5 of the Land
Development Code.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
Division 6.3:
Passen er vehicle: A car, truck motorc cle an
v s orts utili vehicle or the like
used rimmU for personal trans ortation and the transportation of others but which is
not for hire or used for commercial or recreational purposes.
cJ I JAN 0 8 2003
pt-ffl-
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Ross Gochenaur, Planner
DEPARTMENTS: Planning Services
LDC PAGE(S): LDC 6: 66 & 67 (Supp. 13)
LDC SECTION: 6.3 Definitions
CHANGE: Clarify definition of "Yard, front'
REASON: The LDC definition of "Yard, front' allows a reduced setback for one of the
two front yards comprising a legal nonconforming corner lot. The language in the
definition is ambiguous as to which front yard this reduced setback applies. It has
consistently been the policy of the Planning Department to apply this reduced setback to
the shorter of the two front yards in all zoning districts. The proposed LDC amendment
revises the language to formalize this policy.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: LDC § 2.2.3.4.3. 1.
GROWTH MANAGEMENT PLAN IMPACT: None.
Amend the LDC as follows:
6.3 Yard, front: The required open space extending across the entire width of the lot
between the front building line and street right -of -way line. Where double- frontage lots
exist, the required front yard shall be provided on both streets except as otherwise
provided for herein.
Where corner lots of record existed prior to the date of adoption of Collier County
Ordinance No. 82 -2 [January 5, 1982], which lots do not meet minimum lot width or area
requirements established in this Code=(47) only one full depth front yard shall be
required_ , (2) all ether- fr-en4 yaMs shall be not less than 50 Pefeent of the ether-wise
eept
Fed front yard depth exelusive ef any right ef -way, eF right ef way easeme14 am
tffi_,�. iffa dhe E estates distFi� tMs depth may not be less than 15 fiaet exelusive of any right
ef way or- right of way easement and the Pall depth ffen4 yard shall be leeated aleng
i4 let line l^n the stmet In all zoning districts, the full depth front yard
�rivrsvfivc— a=ro�ixv crry
requirement will apply to the front Yard which has the shorter or shortest street frontage.
In all zoning districts exc pt the E (Estates) zoning district, the setback requirement for
1140 I JAN 0 8 2003
rt l
right -of -way easement Additionally, in the Estates zoning district only, the setback
requirement for the remaining front yard(s): (i) may not be reduced to less than 15 feet,
and (ii) cannot include any road right -of -way or road right -of way easement within the
reduced front yard_
N&-
1 Lt I JAN 0 8 2003
ORANGE TREE WEI- I-FIELD
Official Zonin Was for Collier Coun Ma Numbers: 482728,8714N, 8714S 8723N.
LDC AMENDMENT/ /
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ORIGIN: Community Development & Environmental Services Div./
Transportation Services Division
AUTHOR: Stan Litsinger, Comprehensive Planning Manager/
Donald Scott, Director, Transportation Planning
DEPARTMENT: Planning Services/ Transportation Planning
LDC PAGE: LDC3:162.5 -182.7
LDC SECTION: Division 3.15
CHANGE: This is a comprehensive rewrite of the County LDC implementing
the adequate public facilities regulatory and monitoring policies
adopted in the Capital Improvement Element (CIE) of the Collier
County Growth Management Plan (GMP). Changes include
revisions to Level of Service Standards (LOS); redefinition of a
final local development order; the timing of the calculation and
collection of estimated impact fees; application content, timing,
process, notification and issuance of a Certificate of Public Facility
Adequacy (COA) in conjunction with the issuance of a final local
development order; redefinition of roads operating conditions,
Collier peak hour traffic measurement, traffic analysis thresholds,
criteria for designation of Areas of Significant Influence (ASI), and
"de minimis" traffic impact; and providing for a certification of
transportation impact vesting process for previously approved
planned unit developments (PUD) and subdivisions which are not
statutorily vested.
REASON: The BCC has adopted amendments to the GMP and given staff
policy direction to revise the concurrency management system to
measure, analyze, and plan for the impacts of new development on
public facilities at earlier stages in the land development process,
and to collect and apply impact fees concurrently.
FISCAL &
OPERATIONAL IMPACTS
FINAL DRAFT (01/02/03 -1552)
One -half of future transportation impact fees will be
deposited as estimated payment directly into the
Consolidated Impact Fee Trust Funds at the time of
approval and /or issuance of site development plan
(SDP), final subdivision plat (FSP), or building permit
(actual impact fee payments will still be due and will be
determined at building permit based on the impact fee
schedule in effect at that time). At the end of three years
from issuance of the Site Development Plan (SDP) or
Final Subdivision Plat (FSP) the other one -half of the
transportation impact fees are to be deposited to
maintain the Certificate of Adequate Public Facilities
concurrency vesting. Funds associated with new
development would be available for appropriation by
the BCC for public facilities. Additional staff and
analytical systems may be required which may require
adjustment to the various fees charged for review and
processing of applications.
RELATED CODES OR REGULATIONS: Division 3.2;Division 3.3;Article 4
Amend the LDC as follows:
DIVISION 3.15. ADEQUATE PUBLIC FACILITIES*
State law reference(s) -- Concurrency, F.S. § 163.3180.
Sec. 3.15.1. Short title, authority and applicability.
3.15.1.1. Short title. This division shall be known and may be cited as the "Collier
County Adequate Public Facilities Of4inanee Regulations."
3.15.1.2. Authority. The Board of County Commissioners of Collier County has the
authority to adopt this division pursuant to Article VIII, Section 1(f), Fla. Const., F.S. §
125.01 et seq., F.S. § 163.3161 et seq., F.S. § 163.3161(8), F.S. §§ 163.3177(10)(h) and
F.S. § 163.3202(2)(g), and Rule 9J -5, F.A.C.
3.15.1.3. Applicability. This division shall apply to all development in the total
unincorporated area of Collier County, and to all public facilities owned by Collier
County in the incorporated or unincorporated areas of Collier County, and to all privately
owned public facilities where the level of service has been established by the county.
Sec. 3.15.2. Intent and purpose.
3.15.2.1. Intent. This division is intended to implement and be consistent with the
Collier County Growth Management Plan, F.S. § 163.3161 et seq., and Rule 9J -5, F.A.C.,
by ensuring that all development in Collier County is served by adequate public facilities.
3.15.2.2. Purpose. This objective is accomplished by (1) establishing a management and
monitoring system to evaluate and coordinate the timing and provision of the necessary
public facilities to service development, and (2) by establishing a regulatory program that
ensures that each public facility is available to serve development concurrent with when
the impacts of development occur on the public facilities.
FINAL DRAFT (01/02/03 -1552) 2
3.15.2.3. Minimum requirements. The provisions of this division in their interpretation
and application are declared to be the minimum requirements necessary to accomplish the
stated intent, purposes, -and objectives of this division.
Sec. 3.15.3. Definitions. For the purposes of this division only, the following terms are
defined as follows:
3.15.3.1. Annual update and inventory report or AUIR means the county report on public
facilities described in section 3.15.6.2.
3.15.3.2. Application for development approval means an application submitted to
Collier County requesting the approval of a development order.
3.15.3.3. Capital drainage facilities means the planning of, engineering for, acquisition
of land for, or the construction of drainage and water management facilities necessary for
proposed development to meet the level of service (LOST for drainage facilities.
3.15.3.4. Capital park facilities means the planning of, engineering for, acquisition of
land for, or construction of buildings and park equipment necessary to meet the LOS for
park facilities.
3.15.3.5. Capital road facilities or capital road improvement means and will shfl4
include transportation planning for, engineering for, right -of -way acquisition for,
° -. 'er iron for-, and construction of any project eligible for inclusion as a road project in
the road component of the Capital Improvement Element (CIEJ of the Collier County
Growth Management Plan or the Five -Year Florida Department of Transportation I
Work Program.
3.15.3.6 Capital potable water facilities mean the planning of, engineering for,
acquisition of land for, or construction of potable water facilities necessary to meet the
LOS for potable water facilities.
3.15.3.7. Capital sanitary sewer facilities mean the planning of, engineering for,
acquisition of land for, or construction of sanitary sewer facilities necessary to meet the
LOS for sanitary sewer facilities.
3.15.3.8. Capital solid waste facilities mean the planning of, engineering for, acquisition
of land for, or construction of solid waste facilities necessary to meet the LOS for solid
waste facilities.
3.15.3.9. Comprehensive plan means a plan that meets the requirements of F.S. §§
163.3177 and 163.3178, and shall mean the Collier County Growth Management Plan,
where referenced in this division. See, § 3.15.3.19.
3.15.3.10. Resefveek Constrained facilities are those road facilities which have been so
designated by action of the Board of County Commissioners (BCC) upon the
FINAL DRAFT (01/02/03 -1552) 3
recommendation of the Transportation Administrator once it has been determined that the
road facility will not be expanded by two or more through lanes due to physical,
environmental, or policy constraints.
3.15.3.10.1 Phvsical constraints exist when intensive land -use development is
immediately adjacent to existing through hrough lanes making road facility expansion cost
prohibitive, or when a road facility has reached the maximum through lane standards
acceptable to the county. For county maintained facilities the maximum through lane
standard for a road facility will be no greater than six through lanes with allowances for
auxiliary or service lanes as deemed operationally necessary. For state maintained
facilities, the maximum through lane standard will be as designated by the Florida
Department of Transportation.
3.15.3.10.2. Environmental and policy constraints exist when decisions are made not to
expand a road facility based on environmental historical archaeological aesthetic or
social impact considerations. Policy constraints are artificial barriers to road facility
expansions based on environmental or political realities within a community. Unlike
physical constraints, however, these barriers to road facility expansion can change over
time, as needs and community goals change.
3.15.3.11. Deficient road segment means a county or state road segment on the major
road network system that is operating below its adopted level of service standard (LOS)
as determined by roadway service volumes calculated by the Transportation Division
administrator. the fellowingit
FINAL DRAFT (01/02/03 -1552)
3.15.3.11.2.3. Any eapital read impr-evement guafanteed in an efifefeeable development
. ;
3.15.3.162.4.
f the gfewth nt pl .�,-1
o uia, uuu
2 1 c 1 1 7 C
Th D r f County CE)-- -, h. ade expFess finding, ,fef a
3.15.3.11.1 Roadway service volumes shall be determined based on the methodology
contained in the most recent edition of the "Highway Capacity Manual," Transportation
Research Board National Research Council, Washington, D.C., the Florida Department
of Transportation (FDOT) procedures and applications, and the level of service standards
set forth in the Capital Improvements and Transportation Elements of the Growth
Management Plan.
3.15.3.11.2. In determining the capacity of a county road segment or a state road
segment for the puMose of determining whether it is a deficient road segment, the
Transportation administrator shall consider:
1 Current roadway facilities including, but not limited to, number of lanes,
provision of turn lanes operation of intersections and number of signals.
2. Capital road improvements under construction.
3. Any improvements that are guaranteed in an enforceable development
agreement in which the improvements are completed or under
construction before the impacts from the development or phased
development accrue to the roadways stem.
4. Construction of the required capital improvement is included in or before
the third year of either the state's five -year work program or the county's
current five —year capital improvement schedule adopted as part of the
Growth Management Plan except as otherwise provided by law.
3.15.3.12. Developer means any person, including a governmental agency, undertaking
any development as defined in this division.
FINAL DRAFT (01/02/03 -1552)
3.15.3.13. Development agreement _e_ ng erally has the meaning contemplated in F.S. §
163.3220 et seq. except that any developer contribution agreement approved by the
Board of County Commissioners will also meet the terms of this definition.
3.15.3.14. Development has the meaning given it in F.S. § 380.04.
3.15.3.15. Development order means any order, permit, determination, or action
granting, denying, or granting with conditions as an application for any final local
development order, building permit, temporary use permit, temporary construction and
development permit, sign permit, well permit, spot survey, electrical permit, plumbing
permit, occupational license, boat dock permit, HVAC permit, septic tank permit, right -
of -way permit, blasting permit, excavation permit, construction approval for
infrastructure (including water, sewer, grading, paving), approved development of
regional impact (DRI), zoning ordinance amendment, comprehensive plan amendment,
flood variance, coastal construction control line variance, tree removal permits, site
development plan approval, subdivision approval (including plats, plans, variances, and
amendments), rezoning, PUD amendment, certification, conditional use (provisional use),
variance, or any other official action of Collier County having the effect of permitting
development,, as defined in this division.
3.15.3.16. Final development order means a final local development order or a final DRI
development order.
3.15.3.17. Final DRI development order means a development order, as amended from
time to time, adopted by the Board of County Commissioners of Collier County and
approved by the state pursuant to F.S. § 380.06, notice of which is recorded pursuant to
F.S. § 380.06(15)(f).
3.15.3.18. Final local development order means for this division
only, a final approved subdivision plat, a final approved site development plan, or
building permit or mobile home tie -down permit issued by the county.
3.15.3.19. Growth management plan or GMP means the most recently adopted and
effective comprehensive plan of Collier County, as amended from time to time.
3.15.3.20. Land development regulations mean ordinances enacted by Collier County
pursuant to F.S. § 163.3161 et seq., for the regulation of development, and includes any
zoning, subdivision, iffipaet fee, building construction, or sign regulations, or any other
regulations controlling the development of land.
3.15.3.21. Level of service (LOS) means an indicator of the extent or degree of service
provided by, or proposed to be provided by,, a public facility based on, and related to, the
operational characteristics of the public facility, as adopted in the Collier County growth
management plan. LOS will be stated as.shall indieate the capacity per unit of demand
for each public facility.
FINAL DRAFT (01/02/03 -1552) 6
3.15.3.21.1 Level of service calculations for roads acilities means calculations that are
daily tr-affie eounts to -the afiv - daily tfaffi lufne look tip tables in
the tr-affie eimulation element'. These tables afe ealeulated to express the annul avef:age
daily tr-affie velufnes based upen the 100th highest volufne heur-�,,ef the year-, E)f peak
aver-age of a daily 24 hour- twe way volume, eaunted in eaeh of the few: seasons of the
for peak hour
traffic on a roadwav segment for maximum_ service volumes at the adopted level of
service reaK nour is caicuiatea as Lne luu inguen now ua�cu vu a iv muntli uciiuu
(omitting February and March) which is eg nerally equivalent to the 2501h highest hour for
a 12 -month period For design of roadway capacity projects, the 301h highest hour for a
12 -month period at LOS "D" will be utilized.
3.15.3.22. LOS for capital drainage facilities varies among 1) new or existing capital
drainage facilities owned or operated by a local government or other public entity, 2)
existing capital drainage facilities owned or operated by private persons, and 3) new
capital drainage facilities owned or operated by private persons. For those capital
drainage facilities (publicly or privately owned) that are in existence on the effective date
of this division and for those new capital drainage facilities owned or operated by a local
government or other public entity, the LOS is the existing LOS as identified (by design
storm return frequency event) in the Collier County Water Management Master Plan. For
new capital drainage facilities owned or operated by private persons, the LOS is
identified in the drainage sub - element and capital improvement element policy 1.1.5.A.3
(present requirements are a 25 -year, three -day storm event) and is based on those
standards and requirements for renewal and approval of drainage and stormwater
management plans established in the Collier County Water Management Policy
Ordinance No. 74 -50, as amended and Ordinance No. 90 -10 which are incorporated
herein by reference.
3.15.3.23. LOS for capital park facilities means 2.9412 acres per 1,000 persons for
regional park land; 1.2882 acres per 1,000 persons for community park land; and $179.00
240.00 of capital investment per capita (at current cost) for recreational facilities.
3.15.3.24 LOS for capital potable water facilities varies between public water systems
and private water systems. For the Collier Geounty Wwater and Ssewer Ddistrict the LOS
is 185 gallons per capita per day (GPCD). For the Goodland water district the LOS is 163
GPCD. For the City of Naples unincorporated service area the LOS is 163 GPCD. For the
Everglades City unincorporated service area the LOS is 163 GPCD. For independent
districts and private potable water systems; the LOS is the "sewage" flow design
standards as identified in Policy 1.3.1 of the Potable Water Sub - Element of the Growth
Management Plan ews, except that approved private wells are exempt from these
LOS requirements,
FINAL DRAFT (01/02/03 -1552) 7
FINAL DRAFT (01/02/03 -1552)
C.
...
AM
y
•
iow =001
FINAL DRAFT (01/02/03 -1552)
Mraw
_- V.P. i Mal RTA
(b.) With b, thh sh,.we -s a,-,.1 to lets (per- per-son) 1 n
°� �., fit,.. t.....,.�..� �.,
D hl' insfitutions th than h 1 .1 hospitals (pe - pe n) 1 (l(1
Seh, els (per- st ,rlen
(a) Day type 15
(h) A.1,7 f..,• sheowefs4
(e) Add fbF eaf r° G
3.15.3.25. LOS for capital road facilities on the major road network system are as set
forth in Policv 1.1.5 of the Capital Improvement Element and Policy 1.4 of the
Transportation Element of the Growth Management Plan. var-ies depending on the type 0
fead, and is based en a defined peak seasen, peak hotif. The LOS en the following e0unty
ds is LOS "E peak s peak ° ", ° h, vui.
2r
��t
\
,
-
=6
FINAL DRAFT (01/02/03 -1552)
Road
Rural A
Existing Urbanized
Afea
Tr-ansitianiftg
T Tram.. A ro
T� �^7��
177-5
�
G
G
[��.7��8`tpQ^i-�
D
9
c7 R-84
G
D
&R,29
G
-
$�
G
-
-
3.15.3.26. LOS for capital sanitary sewer facilities varies between public sanitary sewer
systems and private sanitary sewer systems. The LOS for
uu' F— — I t,....,...... -- .. _ t ......,
king the LOS 121 gped the North Sewer Area is 145 alg lons per capita per day
(gpcd) The LOS for the South Sewer Area is 100 alg lons per capita per day (jzpcd). The
LOS for the City of Naples unincorporated sewer service area is 121 gallons per capita
per day (gpcd).
The LOS for independent districts and private sanitary sewer systems is the sewage flow
design standards identified in Policy 1.2.1 of the Sanitary Sewer Sub - element of the
Growth Management Plan, as required by the State of Florida in Chapter 10 -D -6, F.A.C.
These standaMs var-y aeeer-ding to the type of land use. They afe as fellews, exeept th
eApproved private septic systems are exempt from these LOS requirements:,
FINAL DRAFT (01/02/03 -1552) 10
(e4 Single ser-,viee
(d) Bar- and eeektail
(e) Dfive in restaurant
(f) Carry out only,
2 Add per effiployee
Hotels and ..,,motels
!..\ De..,,1...- (~.e~
(b) D cavA hotels,
aft:..les only /..e~ a n4 7C
lounge (per per-son) 30
!.. ear- 5
20
room) 100
cuiP3; cvttag . (per- per-son)
latindr-y
w,
75
faeilities (pef maehilie) 400
(e) Add for- establishments
Off:ee b,,:ld;,,..
Ser-viee stations
with self ser-viee
(per- :. „~Lor) 20
(per b.,..) 500
feed laiandr-y
foot of 1400r- spaee) 0. 1
Shopping eentefs
St ,1'
Ct! (without
(a) D ' t toilets,
!b\ D bl' toilets
(b) n„t,~, ,~
T •1 .-/.,•,..bile
T el t...,:le,./,-e..
without of (pef
Ls ball pay Ls (,o~ seat) „
food e)
f.,~ employees o,zly (..e~ employee)
(..e,- s e feet of fl,.,.~ s
(„ e) 10
1.af e park l..or_t fa le~ s e\
- e.,t;o.a1 ..eh;ele park
sEtuafe
20
e) 0. 1
Lev
FINAL DRAFT (01/02/03 -1552) 11
•
FINAL DRAFT (01/02/03 -1552) 11
3.15.3.27. LOS for capital solid waste disposal facilities °°,,:,.°s s„ff;irt eapital solia
waste faeilifies to dispese E)f 1. 10 tens of solid waste per- eapita per- yeaf . in addition, the
LOS requires PA,E) years of landfill lined eel! disposal eapaeity at present fill rates and teft
yeaf:s of landfill raw land eapaeity at pfesent fill rates is two (2) years of constructed lined
cell capacity at the average disposal rate for the previous five (5) years, and ten (10) years
of permittable landfill capacity at the average disposal rate for the previous five (5) years.
3.15.33-28. Major road network system means all m4efial and °" "° ^t^" feads within th°
those roads
FINAL DRAFT (01/02/03 -1552) 12
y
q M-7
..
illy,
.
IM
.•
_
3.15.33-28. Major road network system means all m4efial and °" "° ^t^" feads within th°
those roads
FINAL DRAFT (01/02/03 -1552) 12
q M-7
..
illy,
.
.•
.•
3.15.33-28. Major road network system means all m4efial and °" "° ^t^" feads within th°
those roads
FINAL DRAFT (01/02/03 -1552) 12
depicted in the t, -.,ff e eir-eulation Transportation Eelement of the Collier County Growth
Management Plan.
3.15.3.-3029. Peak Peas^", 'Peak hour for transportation concurrency determination i-S
eonsider-ed to be the 100th hiehest volufne hour- of the year-, Ad is the basie
means the 100th highest hour on a roadway segment, omitting February
and March data and is the basic time reference used to calculate levels of service using
the definitions and methodologies of the current edition of the Transportation Research
Board Hi2hwav Capacity Manual and the procedures and applications from the Florida
Detiartment of Transportation which is generally equivalent to the 250 "' highest hour for
ects
12 -month period at LOS "D" will be utilized.
3.15.3.x.30. Person means an individual, corporation, governmental agency, business
trust, estate, trust, partnership, association, two or more persons having a joint or
common interest, or any other entity, and its designated agents, successors or assigns.
3.15.3.33.3. in FJSUVV,
FINAL DRAFT (01/02/03 -1552) 13
PM
�.
MWAUM
3.15.3.33.3. in FJSUVV,
FINAL DRAFT (01/02/03 -1552) 13
PM
3.15.3.33.3. in FJSUVV,
FINAL DRAFT (01/02/03 -1552) 13
as paft of the gfewth management plan; and
3.15.3.33.3.5. The Bear-d of County Gemmissionefs has made aft express finditig, aftef a
3.15.3.343 1. Public facilities mean capital drainage (surface water manajzement system)
facilities, capital park and recreation facilities, capital potable water facilities, capital road
facilities, capital sanitary sewer facilities, and capital solid waste facilities. These are
also known as Category "A" public facilities under Policy 1.1.1. of the Capital
Improvement Element of the comprehensive plan.
Sec. 3.15.4. Rules of eenstrdetion. Reserved.
FINAL DRAFT (01/02/03 -1552) 14
Mo
FINAL DRAFT (01/02/03 -1552) 14
3.15.4.7. Month. th Th war-.1 "...end " shall me a .,l0„dar- .v nth
3.15:4T12. Week. The shall me Seven „lo„aa„ amts
:ter ■�r�r_.:
10.411 "S
3.15.4.7. Month. th Th war-.1 "...end " shall me a .,l0„dar- .v nth
3.15:4T12. Week. The shall me Seven „lo„aa„ amts
WRO
Sec. 3.15.5. Establishment of management and monitoring program and regulatory
program: the annual update and inventory report (AUIR), Transportation Concurrency
Management System, CIE amendments, and annual budget.
In order to implement the mandate of the Collier County Growth Management Plan to
ensure that adequate potable water, sanitary sewer, solid waste, drainage, park and road
public facilities are available to accommodate development in Collier County concurrent
with when the impacts of development occur on such public facilities, the Board of
FINAL DRAFT (01/02/03 -1552) 15
:ter ■�r�r_.:
WRO
Sec. 3.15.5. Establishment of management and monitoring program and regulatory
program: the annual update and inventory report (AUIR), Transportation Concurrency
Management System, CIE amendments, and annual budget.
In order to implement the mandate of the Collier County Growth Management Plan to
ensure that adequate potable water, sanitary sewer, solid waste, drainage, park and road
public facilities are available to accommodate development in Collier County concurrent
with when the impacts of development occur on such public facilities, the Board of
FINAL DRAFT (01/02/03 -1552) 15
County Commissioners establishes, pursuant to the terms of this division, (1) a
management and monitoring program that evaluates the conditions of public facilities to
ensure they are being - adequately planned for and funded to maintain the LOS for each
public facility herein after referred to as the AUIR, and (2) a regulatory program that
ensures that each public facility is available to serve development orders which are
subject to the provisions of this division.
Sec. 3.15.6. Management and monitoring program.
3.15.6.1. General. In order to ensure that adequate potable water, sanitary sewer, solid
waste, drainage, park and road public facilities are available concurrent with when the
impacts of development occur on such public facilities, the county shall establish the
following management and monitoring practices. Their purpose is to evaluate and
coordinate the timing, provision, and funding of potable water, sanitary sewer, solid
waste, drainage, park and road public facilities (1) to ensure adequate planning and
funding to maintain the LOS for the public facilities, and (2) to evaluate the capacity of
the public facilities for use in the regulatory program to ensure that no development
orders subject to concurrency regulation are issued unless adequate public facilities are
available to serve the development concurrent with when the impacts of that development
occur.
3.15.6.2. Annual Update and Inventory Report on Public Facilities (AUIR). On Of abetrt
Deeember- 1 ef eae-h - ye,-ff—,tThe Community Development and Environmental Services
Division Administrator shall complete an annual update and inventory report on public
facilities (hereinafter "AUIR "). The AUIR shall determine the existing conditions of all
capital potable water, capital sanitary sewer, capital solid waste, capital drainage, capital
park, and capital road public facilities to determine and summarize the available capacity
of these capital improvements (public facilities) based on their LOS, forecast the capacity
of existing and planned public facilities identified in the five -year capital improvement
schedule for each of the five succeeding years, and ten succeeding years, and identify
new projects needed to maintain adopted LOS. The forecasts shall be based on the most
recently updated schedule of capital improvements (public facilities) for each public
facility. The AUIR shall be based on the most recent bureau of economic and business
research (BEBR) population projections, updated public facility inventories, updated unit
costs and revenue projections, and analysis of the most recent traffic county data_
�•
3.15.6.2.1. Annual determination of adequate "Category A" public facilities
(concurrency). The Community Development and
Environmental Services Division Administrator will annually present the AUIR report to
the Board of County Commissioners identifying deficiencies ff or potential deficiencies
FINAL DRAFT (01/02/03 -1552) 16
in "Category A" public facilities and remedial action options including, but not limited to
the following:
1. Establishment of areas of significant influence (ASI's)i
2. Public facility project additions to the financially feasible CIE;
3. Pefer+al of development er- ance Establish interim development
controls in affected service areas pending:
a. Lowering of LOS via growth management plan amendment;
b. Inclusion of necessary public facility projects in the next adopted
annual budget and next annual CIE update and amendment;
C. Approval of new or increased revenue sources for needed public
facility projects by the Board of County Commissioners, the state
legislature., or the county voters.
d. Private development improvements guaranteed by an enforceable
development agreement.
e. For capital road facilities only, designation of a constrained roadway
segment.
3.15.6.2.2. The findings of the AUIR, once approved by the Board of County
Commissioners will form the basis for the preparation of the next annual update and
amendment of the CIE and the annual determination of deficient, or constrained,
" Category A" facilities. The AUIR will identify additional projects and funding
inclusion in the Schedule of Capital Improvements and the Costs and Revenues Schedule
of the CIE needed to maintain or restore adopted LOS for all "Category A" facilities for
the next five years. Direction by the Board of County Commissioners to update and
amend the CIE to include projects and revenues (within the first three years for roads)
needed to maintain adopted LOS for "Category A" facilities, as identified in the AUIR,
shall constitute a finding of concurrent "Category A" facilities, for the review and
issuance of development orders subject to the provisions of this division until the
presentation of the next AUIR, except for any ASI designated areas or other areas subject
to interim development controls.
3.15.6.2.3. In addition to identifying needed capacity expansion projects and revenues
for inclusion in the next CIE update, the roads facilities component of the AUIR will
include an audit and update of the capacity balances in the Transportation Concurrence
Management System database on a segment-by-segment basis factoring in all such
development approvals since the previous AUIR that generate trips along each road
segment and the effect of capacity expansion projects included in the financially feasible
Schedule of Capital Improvements of the CIE for such segments.
3.15.6.3. Recommendations on the annual CIE update and annual budget. Based upon
the prior year's AUIR analysis, the Community Development and Environmental
Services Division Administrator shall propose recommend to the Collier County Planning
Commission and the Board of County Commissioners on or- about Oetaber- I of eaeh
year-, the an annual update and amendment to the CIE as part of the annual growth
FINAL DRAFT (01/02/03 -1552) 17
management plan amendment cycle transmittal p) blie h ) -S. It The recommendation
will include the proposed public facilities needed to maintain adopted LOS standards as
d•roete by tho as
well as recommendations for the annual budget, which is to be adopted by Oetebef 1 e
eh year shall also include as to needed projects and suggested funding sources. as
Elir-eeted by the bear-El upen pr-eseiitafion of the prior- AULR-.
3.15.6.4. Designation of
Deficient or Constrained roadway segments. Deficient roadway segments may be
designated as constrained whenever they meet the terms set forth in sections 3.15.3.10.
3.15.6.4.1. . Regulation of growth
along roadway segments designated constrained. If the findings of the AUIR analy, i
t pr-E�eets needed to fflaintain adopted LOS, they fnay
the a t of the u. -,• Based u„ -d d et; an ifieltision of add L1 V1G3 a upon r-ead segment is pfE�eeted not to exeeed its adopted LOS within the fifst three yeafs of the
for- tfansmittal eft of about Oetebef 1, and the esfifnated annual residual eapaeity tfips that.
the AS! ene iieh potentially defieient read segment during the next year-
not exeeed trip eapaeity). The baundar-ies of any AM shall be establi
Par-su nt to the stafidafds in subseetien 3.15.6.4.2 ef this division aleng with any fesidual
trips eover-ing potentially Elefieient r-ead segments for- eaeh AS! by januafy 1 of eaeh yei�.
SV
read segffie rt Roadway segments once designated as constrained are subject to the
growth restrictions set forth below which are intended to ensure that further LOS
degradation does not occur in the event the roadway is determined to be operating below
elow
the Level -of- Service standard for that road facility. Constrained roadway segments are
subject to growth restrictions on development that will not allow for approval of a final
local development order resulting in an increase in peak hour traffic volume of 10%
above the service volume at the adopted Level -of- Service standard.
3.15.6.4.2. Regulation of growth along deficient roadway segment(s). No trips shall be
allotted under a Certificate of Public Facility Adequacy for development that directly
accesses and generates more than a de minimis (de minimis impact is defined as traffic
impact of less than I% of the peak hour service volume) impact on the deficient roadway
segments) or for which the significance test in 3.15.6.4.3., below indicates that the
development will generate more than a de minimis impact on the deficient roadway
segment(s).
FINAL DRAFT (01/02/03 -1552) 18
3.15.6.4.3. Significance Test. Impact for traffic impact analysis purposes for a
proposed development project will be considered significant:
1 on those roadway segments directly accessed by the project where project
traffic is equal to or greater than 3% of the adopted LOS standard service
volume;
2 for those roadway segments immediately adjacent to segments which are
directly accessed by the project where project traffic is greater than or
equal to 3% of the adopted LOS standard service volume; or
3. for all other adjacent segments where the project traffic is greater than 5%
of the adopted LOS standard service volume.
Once traffic from a development has been shown to be less than significant on any
segment using the above standards, the development's impact is not required to be
analyzed further on any additional segments.
3.15.6.5. Establishment of area(s) of sini icant influence (ASI) for deficient road
s_gments. If the findings of the AUIR analysis identify additional road improvement
projects that would be needed in order to maintain a segment or road facility's adopted
LOS and such projects are not included in the proposed annual CIE road component
update adopted by the Board then the Community Development and Environmental
Services Division Administrator, in conjunction with the Transportation Services
Administrator, may propose to establish one or more areas of significant influence (ASI)
for any such deficient road segment. The geographic limits of any ASI must meet the
standards in subsection 3.15.6.5.1. of this division.
3.15.6.4-.-2-5. 1. Standards in establishing area of significant influence (ASI).
3.15.6.4.2. r General. The boundaries for a ASI shall include the limits of the roadway
segment(s) that are deficient as recommended by the Transportation Administrator. be
based upen an "envelope" that suffeunds majef read segments. in genefal, the
miles, depeading upon natural of manmade featufes, feadway faeifity type. segment Of segments.
,
FINAL DRAFT (01/02/03 -1552) 19
3.15.6.4-.-3-5.2. Review and approval of ASI by Board of County Commissioners. After
receipt of the proposed boundaries of a potential ASI
E)f the AS from the
Transportation Services Division Administrator, the Board of County Commissioners, by
shall hold a- public hearings noticed pursuant to the requirements
of F.S. § 125.6 section 2.7.2.3.4..E After final consideration of the proposal and
public comment, the Board may approve the b^ii designation of an ASI,
(including a map of the beundar-ies impacted roadway segments) and the annual residual
eapaeity trips of the AS4, with or without modifications, or determine that competent
substantial evidence has been placed on the record to show that the road segment is not
petentialIy deficient and find deter-ni;ne that the establishment of an ASI is not necessary
to ensure that development orders are served by adequate road public facilities. The
approved belies ASI(s) and anatial :d, a it tfip allatmeats fef eaeh ASI
>v> vu�.aa
will become effective won adoption by the Board of County Commissioners. an
element at that time.
3.15.6.45_3. Map of areas of significant influence (ASI). A map showing the
b deficient roadway segment(s) within each ASI established by the Board of
FINAL DRAFT (01/02/03 -1552) 20
Mjffp
PIC
I
MM
3.15.6.4-.-3-5.2. Review and approval of ASI by Board of County Commissioners. After
receipt of the proposed boundaries of a potential ASI
E)f the AS from the
Transportation Services Division Administrator, the Board of County Commissioners, by
shall hold a- public hearings noticed pursuant to the requirements
of F.S. § 125.6 section 2.7.2.3.4..E After final consideration of the proposal and
public comment, the Board may approve the b^ii designation of an ASI,
(including a map of the beundar-ies impacted roadway segments) and the annual residual
eapaeity trips of the AS4, with or without modifications, or determine that competent
substantial evidence has been placed on the record to show that the road segment is not
petentialIy deficient and find deter-ni;ne that the establishment of an ASI is not necessary
to ensure that development orders are served by adequate road public facilities. The
approved belies ASI(s) and anatial :d, a it tfip allatmeats fef eaeh ASI
>v> vu�.aa
will become effective won adoption by the Board of County Commissioners. an
element at that time.
3.15.6.45_3. Map of areas of significant influence (ASI). A map showing the
b deficient roadway segment(s) within each ASI established by the Board of
FINAL DRAFT (01/02/03 -1552) 20
County Commissioners shall be kept in the Community Development and Environmental
Services Division and the office of the Clerk to the Board of County
Commissioners for review and inspection by the public during normal business hours.
3.15.6. - 455_4. Duration of established area of significant influnce (ASI). Once the
boundaries of an ASI are approved by the Board of County Commissioners, they are
valid for one year;_ unless ether-wise dissolved by the Board of County Commissioners or
modified in a subsequent AUIR update.
3.15.6. - 45.5.
eapaeity trips afe appr-aved by the Board ef County CoFmRissionefs, they afe valid fe
one year. Interim development controls on ASI roadway segments. No final local
development order for development directly accessing deficient roadway segments may
be approved if it would add more than a de minimis number of vehicle trips (i.e., an
impact equal to or greater than 1% of the peak hour service volume) to a deficient
roadway segment designated as an ASI. Development of a single- family home on a lot,
tract or parcel of land will be considered to be de minimis development regardless of the
number of actual trips that would be generated.
3.15.6.45_6. Dissolution of area of significant influence (ASI).
The
area of significant influence (ASI) established for that- a deficient
or- petentially-de-fie-e-
road segment s4a44 maybe dissolved in the same manner in which it was established
under § 3.15.6.5.2. by the Board of County Commissioners.
Sec. 3.15.7. Regulatory program: review of development to ensure adequate public
facilities are available including the Transportation Concurrence Management System.
3.15.7.1. General. In order to ensure that adequate potable water, sanitary sewer, solid
waste, drainage, park and road public facilities are available concurrent with when the
impacts of development occur on each public facility, Collier County shall establish the
following development review procedures to ensure that no development orders subject
to concurrency regulation are issued unless adequate public facilities are available to
serve the proposed development.
3.15.7.2. Exemptions. The following development orders and development shall e are
exempt from the terms of this division:
3.15.7.2.1. All valid, unexpired final development of regional impact (DRI) development
orders which were issued prior to adoption of the Collier County Growth Management
Plan on January 10, 1989, except where:
FINAL DRAFT (01/02/03 -1552) 21
3.15.7.2.1.1. Development conditions or stipulations applicable to concurrency, or the
provision of adequate public facilities concurrent with the impacts of development, exist
in the DRI development order;
3.15.7.2.1.2. Substantial deviations are sought for a DRI developmeht order and then this
division shall apply only to those portions of the development for which the deviation is
sought;
3.15.7.2.1.3. ; The
county can demonstrate pursuant to F.S. § 380.06, that substantial changes in the
conditions underlying the approval of the development order have occurred or the
development order was based on substantially inaccurate information provided by the
developer or that the application of this division to the development order is clearly
established to be essential to the public health, safety and welfare; or
3.15.7.2.1.-54. The new requirements would not so change or alter a DRI development
order that they would materially or substantially affect the developer's ability to complete
the development authorized by the DRI development order.
3.15.7.2.2. Construction of public facilities that are consistent with the Collier County
Growth Management Plan.
3.15.7.2.43. 9figi +a1— Ttemporary construction and development permits and any
subsequent renewals not to exceed a cumulative period of one year.
3.15.7.2.54. Development orders permitting replacement, reconstruction or repair of
existing development consistent with all elements of the growth management plan.
3.15.7.2.65. 9fi-giftaI-Ttemporary use permits and any subsequent renewals not to exceed
a cumulative period of one year.
3.15.7.2. -76. Developments that claim vested status from the Growth Management Plan
adopted January 10, 1989 and its implementing regulations, Any development or-Elef of
develepment whose euffent ownef is entitled to , and wke properly obtains, a
determination of vested rights for a Certificate of adequate Public Facility Adequacy
("APF") in accordance with the provisions of this section, as follows: 3.'�rc.T
3.15.7.2. -76.1. Application. An application for determination of vested rights for a
Certificate of Public Facility Adequacy shall be submitted in the form established by the
Community Development and Environmental Services Division Administrator. An
application fee in an amount to be determined by the Board of County Commissioners
FINAL DRAFT (01/02/03 -1552) 22
shall accompany and be part of the application. The application shall, at a minimum,
include:
3.15.7.2. -76.1.1. Name, address, and telephone number of the owner and authorized
applicant if other than the owner;
3.15.7.2. -76.1.2. Street address, legal description, and acreage of the property; and
3.15.7.2. -76.1.3. All factual information and knowledge reasonably available to the owner
and applicant to address the criteria established in section 3.15.7.2. -76.7.
3.15.7.2. -6.2. Determination of completeness. After receipt of an application for
determination of vested rights for a Certificate of Public Facility Adequacy , the
Community Development and Environmental Services Division Administrator shall
determine whether the application submitted is complete. If he determines that the
application is not complete, the Community Development and Environmental Services
Division Administrator shall notify the applicant in writing of the deficiencies. The
Community Development and Environmental Services Division Administrator shall take
no further steps to process the application until the deficiencies have been remedied.
3.15.7.2. -76.3. Review and determination or recommendation by community development
and environmental services division administrator and the county attorney. After receipt
of a completed application for determination of vested rights for a Certificate of Public
Facility Adequacy , the community development and environmental services division
administrator and the county attorney shall review and evaluate the application in light of
all of the criteria in section 3.15.7.2. -76.7. Based on the review and evaluation, the
community development and environmental services division administrator and the
county attorney shall prepare a written recommendation to the hearing officer that the
application should be denied, granted or granted with conditions by the hearing officer.
Such recommendation shall include findings of fact for each of the criteria established in
section 3.15.7.2. -76.7. to the extent that information is represented or obtained or
inclusion feasible or applicable. If the community development and environmental
services division administrator and the county attorney agree based on the review and
evaluation that the application for determination of vested rights for a Certificate of
Public Facility Adequacy so clearly should be granted or granted with conditions, then
they may enter into a written stipulated determination of vested rights for a Certificate of
Public Facility Adequacy with the owner, in lieu of the written recommendation to the
hearing officer and the provisions in sections 3.15.7.2. -76.4., 3.15.7.2. -76.5. and
3.15.7.2. -76.6. However, any such stipulated determination shall be in writing, signed by
the community development and environmental services division administrator, the
county attorney and the owner, and shall include findings of fact based on the criteria
established in section 3.15.7.2. -76.7., conclusions of law for such criteria, and the
determination granting or granting with conditions, in whole or in part, the vested rights
for adequate public facilities.
FINAL DRAFT (01/02/03 -1552) 23
3.15.7.2. -76.4. Review and determination of vested rights determination for a Certificate
of Public Facility Adequacy by hearing officer. Upon receipt by the hearing officer of
the application for determination of vested rights for a Certificate of Public Facility
Adequacy and the written recommendation of the community development and
environmental services division administrator and the county attorney, the hearing officer
shall hold a public hearing on the application. At the hearing, the hearing officer shall
take evidence and sworn testimony in regard to the criteria set forth in Ssection
3.15.7.2.6.7.,E - , and shall follow the rules of procedure set forth in Section F.S.
120.57(1)(b), 4, 6, 7, and 8;i Fier - d Statutes, and C° F.S. § 120.58(1)(a),(d) and
Flee -id Stat • * °° and Section F.S. § 120.58(1)(b), Flefi'° Stat only to the extent that
the hearing officer is empowered to swear witnesses and take testimony under oath. The
hearing officer shall follow the procedures established for administrative hearings in
Rules 60Q- 2.009, 2.017, 2.020, 2.022, 2.023, 2.024, 2.025, 2.027, and 2.031, F.A.C.
Fier-i ° ^ dministfative Gode except as expressly set forth herein. The parties before the
hearing officer shall include the county, the owner or applicant, and the public.
Testimony shall be limited to the matters directly relating to the standards set forth in
section 3.15.7.2.6.7.7.2: The county attorney shall represent the county, shall attend
the public hearing, and shall offer such evidence as is relevant to the proceedings. The
owner of the property and its authorized agents, may offer such evidence at the public
hearing as is relevant to the proceedings and criteria. The order of presentation before the
hearing officer at the public hearing shall be as follows: 1) the county's summary of the
application, written recommendation, witnesses and other evidence; 2) owner or applicant
witnesses and evidence; 3) public witnesses and evidence; 4) county rebuttal, if any; and
5) applicant rebuttal, if any.
3.15.7.2. -76.5. Issuance of vested rights determination for a Certificate of Public Facility
Adequacy by hearing officer. Within 15 working days after the completion of the public
hearing under section 3.15.7.2.6.4.4:, the Hearing officer shall consider the
application for determination of vested rights for a Certificate of Public Facility
Adequacy , the recommendation of the community development and environmental
services division administrator and the county attorney, and the evidence and testimony
presented at the public hearing, in light of all of the criteria set forth in section
3.15.7.2.6.7.7., and shall deny, grant, or grant with conditions the application for
determination of vested rights for a Certificate of Public Facility Adequacy for the
property or properties at issue. The determination shall be in writing and shall include
findings of fact for each of the applicable criteria established in section
3.15.7.2.6.7.7., conclusions of law for each of such criteria, and a determination
denying, granting, or granting with conditions, in whole or in part, the vested rights for
adequate public facilities.
3.15.7.2. -76.6. Appeal to the Board of County Commissioners. Within 30 days after
issuance of the Hearing Officer's written determination of vested rights for a Certificate
of Public Facility Adequacy , the County Attorney, the Community Development and
Environmental Services Division Administrator, or the owner or its authorized attorney
or agent, may appeal the determination of vested rights for a Certificate of Public Facility
Adequacy of the Hearing Officer to the Board of County Commissioners. A fee for the
FINAL DRAFT (01/02/03 -1552) 24
application and processing of an owner - initiated appeal shall be established at a rate set
by the Board of County Commissioners from time to time and shall be charged to and
paid by the owner or-its authorized agent. The Board of County Commissioners shall
adopt the Hearing Officer's determination of vested rights for a Certificate of Public
Facility Adequacy , with or without modifications or conditions, �br reject the Hearing
Officer's determination of vested rights for a Certificate of Public Facility Adequacy .
The Board of County Commissioners shall not be authorized to modify or reject the
Hearing Officer's determination of vested rights for a Certificate of Public Facility
Adequacy unless the Board of County Commissioners finds that the Hearing Officer's
determination is not supported by substantial competent evidence in the record of the
Hearing Officer's public hearing or that the Hearing Officer's determination of vested
rights for a Certificate of Public Facility Adequacy is contrary to the criteria established
in §ion 3.15.7.2.6.7.7 -;
3.15.7.2. -76.7. Criteria for vested rights. This section is intended to strictly adhere to and
implement existing case law as they it relates to the doctrine of vested rights and
equitable estoppel as applied to a local government exercising its authority and powers in
zoning, the provision of adequate public facilities concurrent with development
(concurrency), and related matters. It is the express intent of Collier County to require
application of the provisions of this division to as much development and property in the
unincorporated areas of the county as is legally possible without violating the legally
vested rights which the owner may have obtained in accordance with Florida common
law and statutory law, particularly F.S. § 163.3167(8). The criteria herein provided shall
be considered in rendering a vested rights determination under this section. It is intended
that each case be decided on a case by case factual analysis. An owner shall be entitled to
a positive determination of vested rights for a Certificate of Public Facility Adequacy
only if he demonstrates by substantial competent evidence that he is entitled to complete
his development without regard to the otherwise applicable provisions of this division
based on the provisions of F.S. § 163.3167(8), or all three of the following requirements
of the three -part test under Florida common law: 1) upon some act or omission of the
county, 2) a property owner relying in good faith, 3) has made such a substantial change
in position or has incurred such extensive obligations and expenses that it would by
highly inequitable and unjust to destroy the rights acquired.
3.15.7.2. -76.8. Limitation on determination of vested rights for a Certificate of Public
Facility Adequacy. A determination of vested rights for a Certificate of Public Facility
Adequacy which grants an application for determination of vested rights for a Certificate
of Public Facility Adequacy shall expire and be null and void unless construction is
commenced pursuant to a final development order, final subdivision plat, or final site
development plan, within two years after the issuance of the determination of vested
rights for a Certificate of Public Facility Adequacy under section 3.15.7.2. -76., or
unless substantial permanent buildings have been, or are being constructed or installed
pursuant to a valid, unexpired, final development order of Collier County within two
years after issuance of the determination of vested rights for a Certificate of Public
Facility Adequacy under this section 3.15.7.2. -76., and such development pursuant to a
final development order, final subdivision plat, final site development plan, final
FINAL DRAFT (01/02/03 -1552) 25
subdivision master plan, or planned unit development master plan is continuing in good
faith. The aforementioned two -year time limitation on the determination of vested rights
for a Certificate of Public Facility Adequacy shall be stayed during any time periods
within which commencement of construction pursuant to a final development order, final
subdivision plat, or final site development plan is prohibited or d6ferred by the county
solely as a result of lack of adequate public facilities to serve the property, pursuant to
this division.
3.15.7.3. Certificate of Public Facility Adequacy.
3.15.7.3.1. General.
3.15.7.3.1.1. A valid, unexp Certificate of Public Facility Adequacy shall be obtained
a+ issued concurrently with the approval of the ' ' next to occur 4-final
local development order. final subdivision plat,
. t or-evided howevef, any development E)fdefs &xeept a final Weal development er-def
ffem sueh ndit a a °t ions r-elying the At the time a Certificate of
Public Facility Adequacy is issued, 50% of the estimated transportation impact fees must
be paid into the applicable Trust Fund pursuant to § 3.15.7.3.1.5., and such funds will be
immediately available for appropriation to implement capital road facility improvements.
Impact fees for all other Category "A" capital improvements will be paid at the time of
issuance of buildinLy permits at the rate then currently applicable. with the ° °°°p• en e f
3.15.7.3.1.2. r Traffic Impact Vesting Affirmation. The County will conduct a
Traffic Impact Vesting Affirmation Review during the six month period following
[effective date of this division's amendment] to determine which developments were
vested for transportation concurrency prior to fthe effective date of this division's
amendment) which will include those developments that have previously received a
Certificate of Adequate Public Facility, have entered into an approved development
agreement with vesting provisions, or were statutorily vested prior to [the effective date
of this division]. The review will also analyze the schedule of when these developments
will be built and the magnitude of traffic that will be generated by these developments.
During this process of vesting affirmation, revisions to approved final site development
plans and final subdivision plats that propose to decrease the impact of the development
through such methods as reducing � ensity, making_ additional provisions for mixed use
FINAL DRAFT (01 /02 /03 -1552) 26
development to capture trips or rop viding additional transportation s s� tem
interconnections may be considered without risking g estin std
Previously_ vested development, i.e., development with a valid Certificate of Adequate
Public Facility issued prior to the [effective date of this division's amendment], may elect
lect
to maintain and rely on its current certification until expiration, or opt to allow its
escrowed transportation impact fees to be used under the revised concurrence
certification process on the [effective date of this division's amendment], as provided in
3.15.7.3.1.5 and as immediately follows to establish concurrence certification in
perpetuity. Any development that opts into the provisions of s. 3.15.7.3.1.5, will
maintain its vesting status and road facility capacity reservations associated with the
existing certificate without being required to submit revised or additional traffic studies,
and upon surrender of the existing certificate will be issued new certificates for
concurrence in perpetuity once100% percent of the estimated transportation impact fees
based on the then existing rate schedule are paid.
3.15.7.3.1.2.1. Annual mid -year traffic monitoring report. On [the effective date of this
division's amendment]. all development that has been issued an SDP or FSP, but which is
must annually
report detailing its progress toward build -out of the development. The written report must
be submitted to, and be in, a format established by the Transportation Administrator and
must indicate any revised estimates to the initial build -out schedule and any resulting
effect on traffic impact projections, along with any progress towards completing any
developer contribution requirements.
3.15.7.3.1.3. Where the proposed development has been issued final subdivision plat
approval or final site development plan approval prior to the effective date of this
division, i.e., on or about November 3, 1993, a Certificate of Public Facility Adequacy
shall be obtained prior to approval of the next development order required for the
proposed development.
3.15.7.3.1.4. All applieable Estimated transportation impact fees and syst
development fees for a development shall be paid into the applicable Impact Fee Ese-rOw
Trust Fund in the amount estimated to be due upon issuance of the final local
development order(s) for the development upon or prior
to issuance of a Certificate of Public Facility Adequacy for the development_
Developments that have paid estimated impact fees for all Category "A" facilities prior to
the [effective date of this division's amendment], and which elect to come under the
provisions of this division may make —l? payment of The payfnent of the stimated impact
fees into the applicable transportation Impact Fee Trust Fund such that previously
paid estimates may shaA be applied as a credit towards the impact fees calculated and due
FINAL DRAFT (01/02/03 -1552) 27
as a prerequisite to the issuance of the building per- final local development order(s)
for the development. If the Developer does not elect to come under the provisions of this
division, IiLnpact fees paid into the Impact Fee Escrow Trust Fund prior to [the effective
date of this division's amendment] shall be refundable upon written request to the
community development and environmental services division administrator accompanied
by the surrender of the original Certificate of Public Facility Adequacy obtained prior to
issuance of final local development order(s) for the development. Fees
paid into applicable Impact Fee Trust accounts as a prerequisite to the issuance of
burg -fie final local development order(s) prior to the [effective date of this
division's amendment] in accordance with the applicable consolidated impact fee
ordinances shall be refundable pursuant to the provisions of such ordinances upon written
request to the finance director, clerk of courts.
3.15.7.3.1.5. Assessment and application of transportation impact fees and surrender of
Certificate of Public Facility Adequacy. Within 90 days of notification by facsimile that
an application for a Certificate of Public Facility Adequacy has been approved and a
certificate issued, an applicant may pick up the certificate upon payment of one -half
(50 %) of the estimated transportation impact fees due. Such estimates shall be based on
the currently approved transportation impact fee rate schedule. If the certificate is not
picked up within 90 days and the applicable estimated transportation impact fees paid, the
qpplication will be deemed denied and the applicant must reenter the application process
from the beginning. Transportation impact fees for residential development will be
estimated using the fee based on the mid -range housing size, unless the residential use
qualifies as affordable housing. Affordable housing_ estimated transportation impact fees
shall be based on the income limitations for affordable housing in force at the time of a
Certificate of Public Facility Adequacy application. Additionally, previously vested
developments may, pursuant to § 3.15.7.3.1.2., elect to have escrowed fees applied
against the one -half (50 %) of estimated transportation impact fees. Payment of these fees
vests the development entitlements for which the Certificate of Public Facility Adequacy
certificate applies on a continuous basis unless relinquished pursuant to the requirements
of this section prior to the end of the third year after the initial impact fee payment. The
initial 50% impact fee payment is non - refundable after payment and receipt of the
Certificate of Public Facility Adequacy certificate.
For certificates issued after [the effective date of this division's amendment], not later
than 90 days prior to the expiration of the three year period for such certificates, the
County shall notify the certificate holder via registered mail of the remaining balance due
for the estimated transportation impact fees up to 50 %, based on level of building permits
already issued. The balance of the impact fees due will be calculated at the rate schedule
then currently applicable. The Developer may elect to pay the balance of the estimated
transportation impact fees for the entitlements for which the certificate applies or modify
the certificate to a lesser entitlement and calculate the balance of the transportation
impact fees on the revised entitlements. The Certificate of Public Facility Adequacy shall
be modified to include only the entitlements for which the estimated transportation
impact fees are paid. The expiration date for the remaining, up to 50 %, balance of the
estimated transportation impact fees due from a previously vested development that opts
FINAL DRAFT (01/02/03 -1552) 28
into the revised concurrency certificate process as provided in § 3.15.7.3.1.2., will relate
back to the date of issuance of the original certificates. Once the balance of the estimated
transportation impact fees are paid those estimated fees are non - refundable. However,
the Certificate of Public Facility Adequacy runs continuously with the land in perpetuity
after all estimated transportation impact fees have been paid. As-- building_ permits are
drawn down on the entitlements, the estimated transportation impact fees already paid
shall be debited at the rate of the impact fees in effect at the time of utilization. If the
estimated transportation impact fee account becomes depleted, the Developer shall pay
the currently applicable transportation impact fee for each building permit in full prior to
its issuance. In the event that upon build -out of the development estimated transportation
impact fees are still unspent the remaining balance of such estimated fees may be
transferred to another approved project within the same, or adjacent, transportation
impact fee district provided any vested entitlements associated with the unspent and
transferred transportation impact fees are relinquished and the Certificate of Public
Facility Adequacy is modified to delete those entitlements.
3.15.7.3.2. Rules of general applicability for Certificate of Public Facility Adequacy.
Certificates of Public Adequacy issued for roads under § 3.15.7.3.1.1 subsequent to the
[effective date of this division's amendment] will run in perpetuity provided provisions of
3.15.7.3.1.5 are met and that annual mid -year monitoring reports are filed which comply
with § 3.15.7.3.1.2.1 and all developer requirements established during zoning og� r as part
of a developer contribution agreement are completed or are being constructed consistent
with the current development infrastructure improvement construction commitment
schedule.
3.15.7.3.2.1. Timing. An application for a Certificate of Public Facility Adequacy may
only be submitted at any tifne, as part of an application for a final local development
order subject to section 3.15.7.3.1.1.
3.15.7.3.2.2. Impact Fees. A complete application for a Certificate of Public Facility
Adequacy will include the calculation of the total amount of transportation impact fees
estimated to be due by the applicant on the development for which a final local
development order application has been submitted. Impact fee calculations will be
reviewed and the amount estimated to be paid pursuant to §3.15.7.3.1.5 finally
determined by the Impact Fee Coordinator. One -half (50 %) of the estimated payment
will be due at the time of notification of approval of the final local development order and
will be deposited into the applicable Impact Fee Trust Fund and will be immediately
available for appropriation by the Board of County Commissioners for transportation
capital improvements. Final calculation of impact fees due will based on the intensity of
development actually permitted for construction and the impact fee schedule in effect at
the time of the issuance of building permit(s); such that additional impact fees may be
due prior to issuance of the building_permit(s). The balance of transportation impact fees
shall be due as provided for in 3.15.7.3.1.1.
3.15.7.3.2. -23. Consolidated application. , final subdivision plat E)
final site develapHient p A final local development order shall receive final approval
FINAL DRAFT (01/02/03 -1552) 29
only to the extent to which the proposed development receives a Ceertificate of Ppublic
F_ €acility Aadequacy. The application for a Ceertificate of !!public F €acility Aadequacy
may only be submitted with an application for final local development order approval,
where appropriate under this division. An application for a Certificate of Public Facility
Adequacy will receive final approval and a certificate will be issded concurrently with
approval of a final local development order as set forth in s. 3.15.7.3.1.5..
3.15.7.3.2. -3.4 Assignability and transferability. An approved Ceertificate of Ppublic
F €acility Aadequacy shall run with the land associated with the corresponding
development approval, and shall be assignable within the corresponding land of the
improved a- prepesed-development, and shall not be assignable or transferable to other
development except as may otherwise be provided for under an approved development
agreement. This provision does not preclude the re- allocation of capacity between lots or
parcels comprising the land that is the subject of the same consolidated application for
development approval so long as the original certificate is surrendered along with a
written request to re- allocate no more than that certificate's previously pproved capacity
in a re- issued certificate.
3.15.7.3.2.4.5 Expiration. A Ceertificate of Ppublic F €acility Aadequacy for "Category
A" facilities, except roads, shall expire three years from the date of its approval except to
the extent that building permits have been issued for the proposed development for which
the certificate is approved or a final subdivision plat has been approved and recorded, and
the proposed development is then completed pursuant to the terms of the Collier County
Building Code or as provided in 3.15.7.3.1.1.E Refund of Impact Fees, except
for certificates issued pursuant to 3.15.7.3.1.1., will be subject to the provisions of the
Consolidated Impact Fee Trust Fund Ordinance. The expiration date of -a re- issued
certificate re- allocating cpacity to different lots or parcels in the same development will
relate back to, and be calculated from, the original certificate's date of issuance.
3.15.7.3.2.45.1. For large developments as indicated below, a five year Certificate of
Public FacilityAdequacy for "Category A" facilities, except roads, may be obtained
provided the Developer enters into an enforceable development agreement with the
County. €er-�Developments comprised of more than 500 residential dwelling units, or €er
a phased increment of development comprised of more than 150 residential dwelling
units, or €ef a commercial /industrial development of more than 100,000 square feet of
gross leasable area is considered to be a large development.-,-a A Ceertificate of Ppublic
F €acility Aadequacy for a large development shall expire five years from the date of its
approval except to the extent that building permits have been issued for the proposed
development for which the certificate is approved, and the proposed development is then
completed pursuant to the terms of the Collier County Building Code_,
FINAL DRAFT (01/02/03 -1552) 30
I
I
¢.} f the size of the fniXed Use deVek)pfflefit
�t, ll b * gg=p� � °.fie of the thfIes�.ol f eae land use
y— pP,— ��}}P, �y CTC °oZ - c:ar� —c[iaz �aavau avN �u�aa awau u.��
fi -Of the H"ed use
3.15.7.3.2. -56. Effect. Issuance of a Certificate of Public Facility Adequacy shall
demonstrate proof of adequate public facilities to serve the development approved in the
development order, subject to the conditions in the development order. A subsequent
application for development approval for development approved in a development order
for which a Certificate of Public Facility Adequacy has been approved shall be
determined to have adequate public facilities as long as the Certificate of Public Facility
Adequacy is valid and unexpired. When a Certificate of Public Facility Adequacy
expires, any subsequent application for development approval shall require a new
certificate of public facility adequacy to be issued pursuant to the terms of this section
prior to approval of any subsequent development order for the proposed development.
Application for approval of a Certificate of Public FacilitAdequacy for subsequent or
continuing development once a certificate has expired shall be based on public facility
availability at the time of the new application. Under no circumstances shall a Certificate
of Public Facility Adequacy be automatically renewed.
3.15.7.3.2.6. Anything in this or-dinanee to the eeatf:ar-y netwithstanding, all eei4ifieates
AS! betindary fflaps to the Bear-d of County Commissionefs, as provided by se
7.4.2.3, thfeegh the Elate that the boundaries and the annual residual eapaeitY
3.15.7.3.3. Effect of development agreement in conjunction with a Certificate of Public
Facility Adequacy. Upon approval by the Board of County Commissioners, any applicant
gjay shall enter into an enforceable development agreement with Collier County pursuant
to the provisions of F.S. §§ 163.3220 -3242 or other agreement acceptable to the Board
of County Commissioners, in conjunction with the approval of a development order
and/or a Certificate of Public Facility Adequacy. The effect of the development
agreement shall be to bind the parties pursuant to the terms and conditions of the
FINAL DRAFT (01/02/03 -1552) 31
FM HIMMIFIV-4 "FORT,
¢.} f the size of the fniXed Use deVek)pfflefit
�t, ll b * gg=p� � °.fie of the thfIes�.ol f eae land use
y— pP,— ��}}P, �y CTC °oZ - c:ar� —c[iaz �aavau avN �u�aa awau u.��
fi -Of the H"ed use
3.15.7.3.2. -56. Effect. Issuance of a Certificate of Public Facility Adequacy shall
demonstrate proof of adequate public facilities to serve the development approved in the
development order, subject to the conditions in the development order. A subsequent
application for development approval for development approved in a development order
for which a Certificate of Public Facility Adequacy has been approved shall be
determined to have adequate public facilities as long as the Certificate of Public Facility
Adequacy is valid and unexpired. When a Certificate of Public Facility Adequacy
expires, any subsequent application for development approval shall require a new
certificate of public facility adequacy to be issued pursuant to the terms of this section
prior to approval of any subsequent development order for the proposed development.
Application for approval of a Certificate of Public FacilitAdequacy for subsequent or
continuing development once a certificate has expired shall be based on public facility
availability at the time of the new application. Under no circumstances shall a Certificate
of Public Facility Adequacy be automatically renewed.
3.15.7.3.2.6. Anything in this or-dinanee to the eeatf:ar-y netwithstanding, all eei4ifieates
AS! betindary fflaps to the Bear-d of County Commissionefs, as provided by se
7.4.2.3, thfeegh the Elate that the boundaries and the annual residual eapaeitY
3.15.7.3.3. Effect of development agreement in conjunction with a Certificate of Public
Facility Adequacy. Upon approval by the Board of County Commissioners, any applicant
gjay shall enter into an enforceable development agreement with Collier County pursuant
to the provisions of F.S. §§ 163.3220 -3242 or other agreement acceptable to the Board
of County Commissioners, in conjunction with the approval of a development order
and/or a Certificate of Public Facility Adequacy. The effect of the development
agreement shall be to bind the parties pursuant to the terms and conditions of the
FINAL DRAFT (01/02/03 -1552) 31
development agreement and the Certificate of Public Facility Adequacy in order to insure
that adequate public facilities are available to serve the proposed development concurrent
with when the impacts -of the development occur on the public facilities.
3.15.7.3.4. Procedure for review of application.
3.15.7.3.4.1. Submission of applications and fees. Theme- Application for a Certificate of
Public Facility Adequacy for road facilities only shall be submitted in duplicate to the
Community Development and Environmental Services Division Administrator. An Such
applications shall be submitted at the filing of the earliest e for the next final local
development order ne.it to final subdivision plat, r;„,,, site development plan,
er-
building as specifically provided for under subsection 3.15.7.3.1.1. All other
applications for a certificate (i.e. , except for road facilities) must be submitted at building
permit along with final payment for any impact fees owed, including any road impact
fees. Application fees in an amount to be determined by the Board of County
Commissioners shall accompany and be part of the applications.
3.15.7.3.4.2. Application contents. The form and contents for the Application for Public
Facility Adequacy except for the road component shall be established by the Community
Development and Environmental Services Division Administrator. In all cases, the
applicant shall provide a facsimile number at which communications and notifications
from the County to the applicant may be sent. The form and contents for the Application
for Public Facility Adequacy for the roadway component shall be established by
Transportation Services Division Administrator. Complete applications in their entirety
are necessary to allow proper and adequate review by both the Community Development
and Environmental Services Division and the Transportation Services Division. The
form and contents for Applications shall be published and made available to the general
public.
3.15.7.3.4.2.1. To secure approval for the final development order (SDP or FSP) through
Certification of Public Facility Adequacy (COA) for roads, the applicant shall provide a
Transportation Impact Statement (TIS) in the form prescribed by the Transportation
Services Division. Such TIS shall be structured to recognize the difference in level of
detail needed to evaluate small vs. large developments.
3.15.7.3.4.3. Determination of completeness and review. Upon receipt of an Application
for Certificate of Public Facility Adequacy by the Community Development and
Environmental Services Division for road facilities, all copies of the application will be
time and date stamped. One copy will be forwarded to the Transportation Services
Division for processing no later than the next business day. After receipt of the an
Application for Certificate of Public Facility Adequacy, the Community Development
and Environmental Services Division Administrator and Transportation Services Division
Administrator shall determine whether its respective appliaction is complete within five
business days. If it is determined that the applieations are is any component of the
application is not complete, written notice via facsimile shall be Served On provided to the
applicant specifying the deficiencies. The Community Development and Environmental
FINAL DRAFT (01/02/03 -1552) 32
Services Division Administrator and Transportation Services Division Administrator
shall take no further action on the application unless the deficiencies are remedied. The
applicant shall provide-the additional information within 60 days or the application will
be considered withdrawn and the application fee is forfeited. Within twenty business
days after any application for a certificate except for road facilities is received and the
application is determined to be complete, the Community Development and
Environmental Services Division Administrator shall review and grant, or deny each
public facility component except for roads in the application pursuant to the standards
established in §ion 3.15.7.3.5. The Transportation Services Administrator shall
review and grant, or deny a Certificate of Public Facility_ Adequacy for roads within
twenty business days after the application is determined to be complete.
3.15.7.3.4.4. Appeal #e of Public Facilities Determination_ Aff eal Gommiftee. Within
30 days after issuance of the determination of the Community Development and
Environmental Services Division Administrator and/or the Transportation Services
Division Administrator on the Application for a Certificate of Public Facility Adequacy,
the applicant may appeal the determination of
Ptiblie F ilit A de to the Ptibli F ilitie Dete atie Appeal G, itte the
Collier County Board of County Commissioners. A fee for the application and
processing on an appeal shall be established at a rate set by the Board of County
Commissioners from time to time and shall be charged to and paid by the applicant for a
third party evaluation. The third party shall be an outside consultant who has been
previously approved by the county for the purpose of providing independent review and
recommendations on public facility adequacy determinations. The Board of County
Commissioners Publie FaMities Deteffnination Appeal Gafnf ittee shall hold a hearing
on the appeal and shall consider the determination of the Community Development and
Environmental Services Division Administrator and the Transportation Services Division
Administrator, independent third party testimony and public testimony in light of all the
criteria set forth in §ion 3.15.7.3.5 of this— or-dina.Tee. The Board of County
Commissioners —z ublieFaeili fies Deter-mination Appeal Gaffifflittee shall adopt the
Community Development and Environmental Services Division Administrator's and the
Transportation Services Division Administrator's determination on the Application for a
Certificate of Public Facility Adequacy with or without modifications or conditions, or
reject the Community Development and Environmental Services Division
Administrator's and the Transportation Services Division Administrator's determination.
The Board of County Commissioners Piibl „ &,,,,:hies Deteffnination Appeal C,,.,.,.,,;
shall not be authorized to modify or reject the Community Development and
Environmental Services Division Administrator's and the Transportation Services
Division Administrator's determination unless the Board of County Commissioners
Ptibl a &,,,,,hies Deter- mination- Appeal Gefn ittee finds that the determination is not
supported by substantial competent evidence or that the Community Development and
Environmental Services Division Administrator's and the Transportation Services
Division Administrator's determination is contrary to the criteria established in §ion
3.15.7.3.5 . The decision of the Board of County Commissioners Publie
FINAL DRAFT (01/02/03 -1552) 33
F •lit 7l + atio Appeal Cemw,.ttee shall include findings of fact for each of the
tea,.._ -., � - `---------- --- -- - -r r - --- - - -- - -- - -
criteria.
3.15.7.3.4.5. ARproval of Certificate • Payment for, and Cancellation of certificates.
Upon notification by facsimile by the Community Development and Environmental
Services Division Administrator or his designee and the Transportation Services Division
Administrator or his designee, that an application for a Certificate of Public Facility
Adequacy for road facilities has been approved, and a Cer -t:f:, t one -half (50 %) al of
the estimated transportation impact and system developffient fees shall be paid. if the
appheant fails to piek up the Gei4ifieate and pay the appfepr-iate fees within 20 ealefida
days of natifieation of ,
Ge . *.f.,.,, *e will be sent to the applieant by eeffified Riail. If the applicant does not pick up
the certificate and pay all applicable transportation impact fees within tern ealendaf 90
days of notification by facsimile by eei4ified , the certificate will be voided. In such a
case, the applicant shall then be required to apply for issuance of a new certificate. All
Collier County impact fees are due and payable at building permit issuance based on the
applicable rate structure at that time.
3.15.7.3.5. Standards for review of application. The following standards shall be
used in the determination of whether to grant or deny a Certificate of Public Facility
Adequacy. Before issuance of a Certificate of Public Facility Adequacy, the application
shall fulfill the standards for each public facility component (potable water, sanitary
sewer, solid waste, drainage, parks and roads).
3.15.7.3.5.1. Potable water facilities.
3.15.7.3.5.1.1. The potable water component shall be granted if any of the following
conditions are met:
3.15.7.3.5.1.1.1. The required public facilities are in place at the time a final Site
Development Plan, Final Subdivision Plat or building permit is issued.
3.15.7.3.5.1.1.2. The required public facilities are under construction at the time a final
Site Development Plan, Final Subdivision Plat or building permit is issued.
3.15.7.3.5.1.1.3. The required public facilities are guaranteed in an enforceable
development agreement that includes the provisions of subsections 3.15.7.3.5.1.1.1. and
3.15.7.3.5.1.1.2.
3.15.7.3.5.2. Sanitary sewer facilities.
FINAL DRAFT (01/02/03 -1552) 34
3.15.7.3.5.2. 1. The sanitary sewer component shall be granted if any of the following
conditions are met: --
3.15.7.3.5.2.1.1. The required public facilities are in place at the time a final Site
Development Plan, Final Subdivision Plat or building permit is issued.
3.15.7.3.5.2.1.2. The required public facilities are under construction at the time a final
Site Development Plan, Final Subdivision Plat or building permit is issued.
3.15.7.3.5.2.1.3. The required public facilities are guaranteed in an enforceable
development agreement that includes the provisions of subsections 3.15.7.3.5.2.1.1. and
3.15.7.3.5.2.1.2.
3.15.7.3.5.3. Solid waste facilities.
3.15.7.3.5.3.1. The solid waste component shall be granted if any of the following
conditions are met:
3.15.7.3.5.3.1.1. The required pubic facilities are in place at the time a final Site
Development Plan, Final Subdivision Plat or building permit is issued.
3.15.7.3.5.3.1.2. The required public facilities are under construction at the time a final
Site Development Plan, Final Subdivision Plat or building permit is issued.
3.15.7.3.5.3.1.3. The required public facilities are guaranteed in an enforceable
development agreement that includes the provisions of subsections 3.15.7.3.5.3.1.1. and
3.15.7.3.5.3.1.2.
3.15.7.3.5.4. Drainage facilities. The drainage component shall be granted if the
proposed development has a drainage and water management plan that has been approved
by the environmental services division that meets the LOS for Capital Drainage Facilities
defined in subsection 3.15.3.26.43 -22.
3.15.7.3.5.5. Park and recreation facilities.
3.15.7.3.5.5.1. The parks and recreation component shall be granted if any of the
following conditions are met:
3.15.7.3.5.5.1.1. The required public facilities are in place at the time a final Site
Development Plan, Final Subdivision Plat or building permit is issued.
3.15.7.3.5.5.1.2. The required public facilities are under construction at the time 4 a
final Site Development Plan, Final Subdivision Plat or building permit is issued.
FINAL DRAFT (01/02/03 -1552) 35
3.15.7.3.5.5.1.3. The required public facilities are the subject of a binding contract
executed for the construction of those public facilities, which provides for the
commencement of actual construction within one year of issuance of a final Site
Development Plan Final Subdivision Plat or a building permit.
ti
3.15.7.3.5.5.1.4. The required public facilities are guaranteed in an enforceable
development agreement that includes the provisions of subsections 3.15.7.3.5.5.1.1.,
3.15.7.3.5.5.1.2. and 3.15.7.3.5.5.1.3.
3.15.7.3.5.6. Road facilities. The road component shall be considered based upon
whether sufficient roadway and intersections capacity is available based on the findings
of the transportation eeneuffeney management syste impact statement (TIS), which
shall be based upon the provisions of 3.15.6.4.1 3.15.6.5.1.6 and 3.15.7.3.5.7. t4e
pfopesed development is outside a designated AS! E)r- within a designated ASL
3.15.7.3.5.7. Significance Test. Impact for traffic impact analysis purposes for a
proposed development project will be considered significant:
1 on those roadway segments directly accessed by project where project
traffic is equal to or greater than 3% of the adopted LOS standard service
volume,
2 for those roadway segments immediately adjacent to segments which are
directly accessed by project where project traffic is greater than or
equal to 3% of the adopted LOS standard service volume; or
3 for all other adjacent segments where the project traffic is greater than 5%
of the adopted LOS standard service volume.
Once traffic from a development has been shown to be less than significant on any
segment using the above standards the development's impact is not required to be
analyzed further on any additional segments.
• YyTSI�iTf
FINAL DRAFT (01/02/03- 1552) 36