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Ordinance 2002-29 AN ORDINANCE AMENDING ORDINANCE 91-102, AS, AMENDED, THE COLLIER COU~Y LAND DEVELOP~NT CODE, WHICH INCLUDES T~ COMPRE~NSIVE REGULATIONS FOR T~ UNINCORPORATED AREA OF COLLAR CO~TY, ~OR~A, BY PROV~ING FOR SECTION ONE, RECITALS; SECTION TWO, FI~INGS OF FACT: SECTION THREE A~MENTS TO T~ LA~ DEVELOP~NT CODE, MORE SPEC~ICALLY A~NDING DIVISION 2.2. ZONING DISTRICT, PERMI~ED USES, CONDITIONAL USES, DIMENSIONAL STA~ARDS TO ESTABLISH INTERIM DEVELOPMENT CONTROLS ON CERTAIN DEVELOPMENT IMMEDIATELY ADJACENT TO OR HAVING SOLE ACCESS ON T~ FOLLOWING ROADWAY SEG~NTS: VANDERBILT BEACH ROAD FROM GULF SHORE DRIVE TO U.S. 41; DAVIS BOULEVARD (SR 84) FROM RADIO ROAD (eR 856) TO COLLIER BOULEVARD (eR 951); A~ THAT PORTION OF U.S. 41 SITUATE, LYING AND BEING IN T~ ~INCORPORATED AREA OF COLLAR CO~TY, ~OR~A ~OM CREECH ROAD TO P~E RIDGE ROAD (eR 896) A~ ANY DEVELOP~NT ON AN ADJACENT/CONTIGUOUS ROADWAY SEGMENT THAT HAS A CERTAIN IMPACT ON T~ ABOVE-RE~RENCED ROADWAY SEGMENTS; INCLUDING DEFINITIONS, DURATION, GEOGRAPHIC AREA, INTERIM DEVELOPMENT CONTRO~3~z EXEMPTIONS, CONTINUATION OF EXISTING DEVELOP~? AND A MAP DEPICT~G T~ RE~RENCED ROADWAY SEG~NTS; SECTION FO~, CONFLICT A~ SEVERABILITY; SECTION FIVE, INCLUSION IN T~ COLLAR COUNTY LA~ DEVELOPMENT CODE;' AND SECTION SIX, E~CTIVE DAT. / W~REAS, the Collier County Growth Management Plan (Comprehe~ and Adequate Public Facilities Ordinance (Section 3.15 of the LDC) require an Annual Update Inventory Report (AUIR) of public facilities including arterial and collector roadways; and WHEREAS, the last AUIR conducted was presented December 18, 2001 at which time portions of Davis Boulevard, Vanderbilt Road and U.S. 41 were operating at unacceptable levels of service as defined in the Comprehensive Plan. At that time, however, rather than implement the Areas of Significant Influence provisions of the Comprehensive Plan and Adequate Public Facilities Ordinance, the Board of County Commissioners (Board) determined to include treatment of these facilities in provisions of new concurrency management system policies in both the Comprehensive Plan and amendments to the Adequate Public Facilities Ordinance; and WHEREAS, changes in traffic conditions on these three segments and pressures to permit immediate development which will further worsen traffic conditions have resulted in this action to propose interim development controls (moratoria) on Davis 1 Words ...... v ,~. ..... h ............. e," are deleted, words underlined are added. Boulevard from Radio Road to Collier Boulevard, on Vanderbilt Beach Road from Gulf Shore Drive to U.S. 41 and on U.S. 41 from Creech Road to Pine Ridge Road until the Board can prepare and process amendments to the Comprehensive Plan and Adequate Public Facilities Ordinance to implement the new transportation concurrency management system which will better protect the citizens of Collier County; and WHEREAS, these interim development controls (moratoria) are an acceptable means to permit the Board to perform such necessary studies and data gathering and prepare and process the necessary amendments to the Comprehensive Plan and Adequate Public Facilities Ordinance; and WHEREAS, the Board has expedited the time for transmittal and adoption of amendments to the Comprehensive Plan and Adequate Public Facilities Ordinance to establish a real time transportation concurrency management system for collector and arterial roadway facilities so that it is anticipated they will be in place by December 2002; and WHEREAS, in the December 2001 AUIR, Davis Boulevard from Radio Road to Collier Boulevard was operating at Level of Service (LOS) F with a volume to capacity ratio of 1.29. Since that time, traffic crash data have shown an increase of 10%, with many of those crashes due to the congestion experienced at the Davis Boulevard and Collier Boulevard intersection; and WHEREAS, the ongoing project development and environment study being conducted by the Florida Department of Transportation (FDOT) has projected the total cost estimate for the widening of Davis Boulevard from Santa Barbara Boulevard to Collier Boulevard to be an estimated 57 million dollars. In December 2001, to help address a shortfall of funding for this project, the Board programmed $8,200,000 into the Capital Improvement Element (CIE) of the Comprehensive Plan for advancement of reimbursement for related costs. This was thought to be an estimated 40% of the amount needed for right-of-way acquisition but is now, based on these more recent FDOT estimates, only about 20% of the right-of-way estimate. At current projected funding levels, this project will take five to six years of new FDOT work program allocations to adequately fund and complete the required construction to provide adequate capacity; and 2 Words ...... v ,~ ..... ~. ............. ,,, are deleted, words underlined are added. WHEREAS, there are many planned developments on or near the segment of Davis Boulevard that will make the traffic conditions of this corridor even worse and more of a danger to public health, safety and welfare, if action is not taken at this time to preserve the corridor's existing capacity until improvements can be addressed; and WHEREAS, in December 2001, Vanderbilt Beach Road from Gulf Shore Drive to U.S. 41 was operating at LOS E with a volume to capacity ratio of .95. Since that time, this segment has seen a 15% increase in traffic and is now operating at LOS F with a projected volume to capacity ratio of 1.10. This roadway was previously designated as "constrained" by policy of a former Board and, as such, has no plans for improvement contemplated by the Board; and WHEREAS, U.S. 41 from Creech Road to Pine Ridge Road is operating at LOS F with a volume to capacity ratio of over 1.00. It has seen an increase in traffic crashes of 10% over the previous year's data; and WHEREAS, this particular facility is six lanes and there are no planned improvements to address the deficiencies. Additionally, the west side of this roadway is located in the City of Naples; the east side of this roadway is located in Collier County; and WHEREAS, it is necessary for the public health, safety and welfare that the Board act expeditiously to impose interim development controls (moratoria) on these three roadway segments in order to maintain a status quo while the County determines what further actions to take to more adequately protect the public and to revise its Comprehensive Plan and land development regulations to reflect and establish a real time transportation concurrency management system for roadway facilities. WHEREAS, pursuant to Resolution Number 02-224 on May 14, 2002, the Board directed that this interim development control Ordinance be prepared for its review and for review by the Collier County Planning Commission as part of the Spring Cycle 2002 Land Development Code Amendment cycle; and WHEREAS, pursuant to Resolution Number 02-224, on May 14, 2002, the Board directed that certain Comprehensive Plan amendments relating to transportation concurrency, together with implementing land development regulations, be prepared for its review and for review by the Collier County Planning Commission, and 3 Words ~ .... ~ '~ ..... ~' ............. ~,.. are deleted, words underlined are added. WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of County Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to prepare and adopt a Comprehensive Plan. 2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla. Stat., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the Act. 4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not consistent with the adopted Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent. 5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan as its Comprehensive Plan pursuant to the requirements of Sec. 1634.3161 et seq. Fla. Stat., and Rule 9Jo5, F.A.C. 4 Words ~ .... ~..u ..... ~. ............. a,, are deleted, words underlined are added. 7. Sec. 163.3194(1)(a), Fla. Stat., mandates that after a Comprehensive Plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b). Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991 and may be amended twice annually. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within the total unincorporated are of Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect human, 5 Words sir''~- .......... ~h are deleted, words underlined are added. environmental, social, and economic resources; and maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. 13. Those recitals contained in the preceding "Whereas" clauses are adopted as findings of fact. SECTION THREE: AMENDMENTS TO THE LAND DEVELOPMENT CODE ESTABLISHING INTERIM DEVELOPMENT CONTRLS (MORATORIA). Division 2.2, Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards of the Collier County Land Development Code, Ordinance Number 91-102, as amended, is hereby amended to read as follows: Sec. 2.2.3.7. Establishment of interim development controls (moratoria) for segments of U.S. 41 from Creech Road to Pine Ridge Road~ Vanderbilt Beach Road from U.S. 41 to Gulf Shore Drive and Davis Boulevard from Radio Road to Collier Boulevard. 2.2.3.7.1 Definitions: For purposes of this Ordinance the following terms defined as follows: (1) (2) are The term "de minimis impact" means any development in the defined interim development control (moratorium) area that contributes less than one (1) percent of the peak hour service volume to the designated interim development control (moratorium) segments. One (1) percent of the peak hour service volume for Davis Boulevard (SR 84) between Radio Road (CR 856) and Collier Boulevard (CR 951) is equal to 16 peak hour trips, one (1) percent of the peak hour service volume for US 41 between Creech Road and Pine Ridge Road (CR 896) is 52 peak hour trips and one, (l) percent of the peak hour service volume for Vanderbilt Beach Road (CR 862) from Gulfshore Drive to US 41 is 17 peak hour trips. The term "immediately adjacent" means any development that obtains. through direct connection or use of a non-major public or private roadway. access to the county's major roadway system via an interim development 6 Words o~ ....~. ~u ..... u ............. 6,, are deleted, words underlined are added. (3) (4) control (moratorium) segment as depicted on the attached map. These immediately adjacent roadway segments are depicted on the map as interim development control (moratorium) segments. The term "County's major roadway network" means any functionally classified arterial or collector roadway The term "adjacent/contiguous" means any development on links of the county maior roadway segment that, through direct connection or use of a non-major public or private roadway, are physically connected to the interim development control (moratorium) segments as depicted on the attached map and which contributes greater than a de minimus impact to an interim development control (moratorium) segment. The adjacent/contiguous roadway segments for Davis Boulevard (SR 84) include Davis Boulevard (SR 84) from Santa Barbara Boulevard to Radio Road (CR 856), Radio Road (CR 856) from Santa Barbara Boulevard to Davis Boulevard (SR 84), Collier Boulevard (CR 951) from Rattlesnake Hammock (CR 864) to Davis Boulevard (SR 84), Collier Boulevard (CR 951) from Davis Boulevard (SR 84) to Creech Road (CR 886) and Beck Boulevard from Collier Boulevard (CR 951) to its termination. The adjacent/contiguous roadway segments for US 41 include US 41 from Pine Ridge Road (CR 896) to Vanderbilt Beach Road, Pine Ridge Road (CR 896) from US 41 to Goodlette Frank Road (CR 851) and Seagate Drive from Crayton Road to US 41. The adjacent/contiguous roadway segments for Vanderbilt Beach Road include Gulfshore Drive from Vanderbilt Beach Road to Bluebill Avenue, Vanderbilt Drive from Vanderbilt Beach Road to 111th Avenue North, US 41 from Pine Ridge Road (CR 896) to Vanderbilt Beach Road, US 41 from Vanderbilt Beach Road (CR 862) to Immokalee Road (CR 846) and Vanderbilt Beach Road (CR 862) from US 41 to Goodlette Frank Road (CR 851). These adjacent/contiguous roadway segments are depicted on the map as analysis segments. 7 Words ~* ....~- °~- ..... r, ............. ~.. are deleted, words underlined are added. (5). 2.2.37.2 until the The term link or segment means the division of a roadway created by the intersection of the county's major roadway network. Duration: The duration of this interim development control shall be Comprehensive Plan amendments providing for a new transportation concurrency management system and the implementing land development regulations become legally effective. 2.2.37.3 Geographic Areas: The following areas are subject to the development limitations imposed by this Ordinance: (1) That segment or link of U.S. 41, running in a southerly direction from Pine Ridge Road (CR 896) to Creech Road to the extent that such segment lies within the unincorporated area of Collier County, Florida ~ (2) That segment or link of Vanderbilt Beach Road running in a westerly direction from U.S. 41 to Gulf Shore Drive; and (3) That segment or link of Davis Boulevard (SR 84) running in a westerly direction from Collier Boulevard (CR 951) to Radio Road (CR 856). 2.2.37.4 Limitations on development: Except for the exemptions listed below, no development order, including any building permit, shall be issued for any improvements upon any lot, tract or parcel of land lying: (1) Immediately adjacent to those roadway segments or links outlined under the Geographic Areas above; or (2) Adjacent/contiguous to those roadway segments or links outlined under the Geographic Areas above, and on which development of land contributes greater than de minimus impact to the interim development control (moratorium) segment. 2.2.37.5. Exemptions: Development orders, including any building permit, may be issued for improvements to any lot, tract, or parcel of land for the following: (1) Development that is not immediately adjacent to any of the three roadway segments or links identified herein. (2) Development not adjacent/contiguous to any of the three roadway links or segments identified herein. 8 Words ......~' '~ .... ............. gh are deleted, words underlined are added. (3) Development of a single-family home on a lot, tract or parcel of land even if such lot, tract, or parcel of land is immediately adjacent or adjacent/contiguous to any of the three roadway segments or links identified herein. (4) Any development for which a valid certificate of public facility adequacy has been issued and remains in effect as of the adoption date of this Ordinance. (5) Any development pursuant to a final site plan or final subdivision plat, for which no waiver and release has been executed pursuant to section 3.15.7 of this code, or building permit issued between 1995 and the adoption date of this ordinance. (6) Vested proiects. All valid, unexpired final development of regional impact (DRI) development orders which were issued prior to adoption of this Ordinance except where: a) Development conditions or stipulations applicable to concurrency, or the provisions of adequate public facilities concurrent with the impacts of development, exist in the DRI development order' b) Substantial deviations are sought for a DRI development order, and then, this Ordinance shall apply only to those portions of the development for which the deviation is sought; c) An overriding concern for public health, safety, or welfare exists; d) 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 Ordinance to the development order is clearly established to be essential to the public health, safety and welfare. Also any development or project that is deemed to be "vested" according to the common law as established by the Florida Courts (7) Improvements or additions to a single-family residence. 9 Words ...... ~- ~' ..... ~' ............. 6', are deleted, words underlined are added. (8) (9) (1o) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) (26) Replacement or redevelopment structures which have the same or lesser impact on public facilities as the original structure. Amenities such as pools, fences, walls and signs. Temporary construction trailers. Wells and septic tanks. Remodeling, such as moving a wall, if no change in use, additio~ of units, or interior completion of a "shell only" structure is involved. Driveway or parking lot repaving. Changes of electrical service. Reroofing of existing structures. Repair or replacement of mechanical systems, wiring or plumbing Use permits and right-of-way permits that do not increase the needed capacity of public facilities. Any sub-permit to new construction. Permits for historical documentation. Sign permits. Utilities such as telephone switching stations, electrical power substations and radio towers that create no additional impact on public facilities. Tree removal permits. 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. Accessory 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. Noncommercial boat launching facilities. Development for which completed applications for subdivision plat approvals, or site development plan approvals, excluding the site development plan or subdivision plat application for which a waiver and release has either been applied for or obtained pursnant to section 3.15.7 10 Words ~' ....~' ~' ..... ~' ............. o" are deleted, words underlined are added. (27) (28) (29) 2.2.37.6 shall not affect or limit the construction of existing uses and include: (2) of this code, or certificates of public facility adequacy filed with or approved by Collier County prior to the adoption of this Ordinance. The receipt of the completed application by the County for any of the development orders referenced above will permit the issuance of subsequent development orders or permits necessary to complete the subject development. Completed applications filed prior to the adoption date of this Ordinance or rezonings, conditional uses, and variances may be processed and approved; however, no building permits shall be issued until these interim development controls (moratoria) have expired or been otherwise terminated. A development that either has an approved development order or has submitted a completed application for a development order to the county as of June 11, 2002, and for which a waiver and release has been executed shall be entitled to obtain a certificate of public facility adequacy by June 30, 2002. Upon obtaining the certificate of public facility adequacy by said date, the development shall be exempt from the application of this Ordinance and development orders or permits necessary to complete the development will be issued by the county. Public facilities necessary for the protection of the health, safety, or welfare of the general public including but not limited to fire stations, sheriff sub-stations, emergency medical service stations, public educational facilities, wastewater treatment plants, water aeration and treatment plants and solid waste facilities. Continuation o£Existing Uses: The restrictions on development Those uses for which all required permits have been issued; 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 an increase in density or intensity; or 11 Words ~*~'~'- ............. oh are deleted, words underlined are added. (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 or the like. In the case of such casualty loss or losses, such structure(s) may be repaired or rebuilt in accordance with the buildback requirements of Ordinance Number 98-62, as it may be amended or superseded. 2.2.37.7 Map: The following map depicts the three roadway segments or links that are subject to the interim development controls established by this Ordinance ROAD GOLUiR GOUNTY, FLORIDA Legend fr~rr~ ~eYelo;,mm! C~ml/ -- M~or udy 2.61 1.:~1 D 2.5 ~ ~ SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County and other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. 12 Words ~,-.~l. ,~. ..... ~. ............. ~,. are deleted, words underlined are added. SECTION FIVE: INCLUSION IN THE COLLIER DEVELOPMENT CODE COUNTY LAND The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance' may be changed to "section," article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, this [ ! ~[' day of June, 2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~,~_As ta~~ ~'~d ~gal Sufficiency M~o~ M. Student Assistant County Attorney BY: JA N. COI.ETrA, CHAIRMAN This ordirmnce flied with the ~Se~ret~.ry of ~Stote's Office the and ocknow~dgernent ~ thor filin, g~.~received this ~.~ L~--~. cloy of,%T~7~, ~,~' ,~ 13 Words ~,-.~v .~ ..... ~. ............ ~,. are deleted, words underlined are added. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2002-29 Which was adopted by the Board of County Commissioners on the llth day of June, 2002, during Regular Session. WITNESS my hand and the official seal of the Boar~f ~ CP~ .... ~ County Commissioners of Collier County, Florida, this Nth .~ ~ day of June, 2002. ~-~:. ~ ~ DWIGHT E. BROCK Clerk of Courts,~_.~'~ierk County