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Agenda 12/11/2002 S COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA December 11, 2002 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 PERSON W HO DECIDES T O APPEAL A DECISION O F T HIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 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 December 11, 2002 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. Second and final public hearing to be held January 8, 2003 3. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 2 December 11, 2002 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 SIX 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 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 £mal 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 on the attached summary sheet. 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: ~SAN MURRA DATE CURRENT PLANNING SECTION REVIEWED BY: ^ APPROVED BY: JO~EP,1lt'K. SCHglY'~, ADMI'NISTRATOR DA'I~E, C~MI~UNITY DEVELOPMENT & ENVIRONMENTAL SVCS. 2 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, o_z_r suspension, or stcp ,;:crk cth=r .... -,, p=~=!n!ng *" of building permits, certificates of occupancy, development orders, development permits, or development approvals, whatsoever, must be reduced to writin.q and ~hcl! bo ~+~t~d in cfflcia! ,.";ritt~n nctic~ 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 Code 2. m~y 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 and Agricultural zoning districts REASON: To conform to the terms of a statutorily required Interlocal Agreement with the Collier County School District currently being drafted. 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. 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, ~,a.];~ ~.~ 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, ~,,~a:~ n~,~ private. ORIGIN: Community Development & Environmental Services Division AUTHOR: Michael Bosi DEPARTMENT: Planning Services LDC PAGE: LDC 2:43 & 2:64.1 LDC SECTION: 2.2.12 & 2.2.16 CHANGE: Add Land Developers and Subdivders to Real Estate Groups in Land Development Code. REASON: Land Developers and Subdividers are engaged in the same type of business practices and operations as the other activities within Real Estate Groups identified by the LDC, but have been designated as recognized uses FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: Sec. 2.2.12. (C-l) 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 basis of market support as opposed to office functions requiring inter-jurisdictional and 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 II, 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). 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--65524-1-). 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. 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, wholesaling, and distribution. Service and commercial activities that are related to support manufacturing, processing, storage and warehousing, wholesaling, and distribution activities, as well as commercial uses relating to automotive repair and heavy equipment sales and repair are also permissible in the I district. The I district corresponds to and implements the industrial land use designation on the future land use map of the Collier County Growth Management Plan. 2.2.16.2. Permitted uses. The following uses, as identified within the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as a right, or as uses accessory to permitted uses in the industrial district (I). 2.2.16.2.1. Permitted uses. 1. Agricultural services (groups 0711, except that chemical treatment of soil for crops, fertilizer application for crops and lime spreading for crops shall be a minimum of 500 feet from a residential zoning district, 0721, except that aerial dusting and spraying, disease control for crops, spraying crops, dusting crops, and insect control for crops (with 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 (group 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). 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. 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 - 6552). I 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) 40. Textile mill products (groups 2211--2221, 2241--2259, 2273--2289, 2297, 2298). 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--4783, 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. 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~ 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~a 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 33rd 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 pementage 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 recommendi,nmg 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 roadway. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: LDC 6.3. Definitions, "Yard, 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 comer lots, in which ease only one full depth setback shall b'-e 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. Non-conforming through, i.e. double frontage lots, legal nonconforming lots of record with double road frontage, which are nonconforming due to inadequate lot depth, in which case, the front yard along the local road portion shall be computed at the rate of fifteen percent of the depth of the lot, as measured from edge of the right-of-way. The non-conforming through 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. Front yards, along the local road must be developed with structures having an average front yard with a variation of not more than six feet; no building thereafter erected shall project beyond the average line so established. 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. 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-l) 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 basis of market support as opposed to office functions requiring inter-jurisdictional and 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 II, 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 carders, agents and brokers (groups 6311--6399, 6411). 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--6541). 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-l) 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. Chumhes 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. 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 tracks, 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-l, C-IFF 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; i. 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); j. 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). 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. 2.2.13.2.1. Permitted uses. 1. Unless otherwise provided for in this section, ail permitted uses and ail conditionai uses except increased height and mixed residentiai and commerciai uses of the C-1 commerciai professional and generai office district. 2. Apparel and accessory stores with 1800 with square feet or less of gross floor area in the principai 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 principai structure (5812 except contract feeding, dinner theaters, food service (institutionai), industriai feeding). 5. Food stores with 2,800 square feet or less of gross floor area in the principai structure (groups 5411 except supermarkets, 5421--5499). 6. Gasoline service stations (5541 subject to section 2.6.28). 7. Generai merchandise stores with 1,800 square feet or less of gross floor area in the principai structure (5331 - 5399). 8. Group care facilities (category I and Il, 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.; ail subject to section 2.6.26. 9. Hardware stores with 1,800 square feet or less of gross floor area in the principai structure (5251). 10. Heaith 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 principai structure (groups 5713--5719, 5731-- 5736). 12. Libraries (8231) except regionai libraries. 13. Miscellaneous repair services, except aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines (7629--7631). /? 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 w:.t~ ..... ~:,-~:~ (groups 7212, 7215, 7221--7251, no beauty or barber schools, 7291). 17 ........ .,,. .............. ., 1@ 17.__~.~,,. United States Postal Service (4311 except major distribution center). 18A-~.. Veterinary services (0742 excluding outside kenneling). in the 19 .... Videotape rental with 1,800 square feet or less of gross floor area 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; 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; i. 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). 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, 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 powefline inspection, press clipping service, recording studios, repossession service, mg 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 tubs, monuments, swimming pools, tombstones and whirlpool baths). &/ 17. Museums and art galleries (8412) n.., 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 725 !, 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). 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). 5_4. Homeless shelters, as defined by this Code. _6-5. Hospitals (groups 8062--8069). 7_6. Justice, public order and safety (groups 9221, 9222, 9224, 9229). 8:3. 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; 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; 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. 10 9. Motion picture theaters, except drive-in (7832). 11 4-0. 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 11. Permitted food service (eating places) uses with more than 6,000 square feet of gross floor area in the principal structure. 13.-1-3. 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. ~ Vocational schools (8243--8299). 16.-1-5. 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. 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 that this shall not be construed to permit the activity of "tow-in parking lots"), 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. 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 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. i. 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 truck, portable toilet and oil field equipment renting and leasing, 7361--7397 7381, 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 powefline 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. Ail establishments engaged in the retail sale of alcoholic beverages for on- premise consumption are subject to the locafional 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 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. 16.15. Health services (groups 8051--8059, 8062-8069, 8071--8072 and 8092-- 8099). 17. !~. Hotels and motels (groups 7011, 7021, 7041 when located within an activity center). 18__:. -1-7. Marinas (4493, 4499 except canal operation, cargo salvaging, ship dismantling, lighterage, marine salvaging, marine wrecking, steamship leasing), subject to section 2.6.22. 19.-1-g. 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.~-0. Motion picture theaters (7832). 22.,.,, Public or private parks and playgrounds. 23.22. Personal services (groups 7215, 7217, 7219, 7261 except crematories, 7291--7299). 24..~:3. Real estate (group 6512). 25. ~. Social services (groups 8322--8399, except for homeless shelters and soup kitchens). 26.g-5. [Reserved.] 27.___~,,. 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. 1. 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, 7519). 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--412 I, 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. 2.2.15 ~A. 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 services such as full-service automotive repair, and establishments primarily 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 V2.2. 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 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. 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- 1 0919). 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). 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). 2.2.15 V2.3. 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 beings. 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 10M-12, effective March 11, 1986. i. 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. 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. 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, height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest, :,c, tkat in order to: 1. Provide ~ a more creative, economical approach ~ to improve the quality of the built environment thc,,~,, '~ ..... ,,~,~r~L.,,...~ ..... * of contiguous tracts of land, which will a.':~ tv encourage development of infill parcels of contiguous tracts of land in certain circumstances. 2. Create ,a, a more desirable environment providing for consistency and .... ~. ....... ~:~u~a than that which would be visual harmony .... ~ .........v possible through strict application of the minimum requirements of this code. 3. Encourage patterns of land use that support economical provisions of ~vr.,:~_,~.. resulting in smaller infrflstmcture T .~, .... ~. ..... ~ m^r~ ~ .......... ~, networks of utilities and streets with consequent lower construction and future maintenance costs. 4. Evaluate :l:the 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 b relative to the various costs and benefits ~ associated with such development. 5. Assure that :gthe 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 regulations. All applications for PUDs shall be in full compliance with the future land 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 specific 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 approval. 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 application 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 inactiviW 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 be re-opened by submitting a new application, repayment of all application fees and granting 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. Ail land included for purposes of rezoning to a d .....~, ................... PUD zoning district shall be owned or under the ..... ~^~;~ ~: .... :^~ whether that control of the applicant c~,,. sue" ....... ~ .... ~, ........ , 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 area 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; g.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 S.4.Bind his successors in title to any commitments made under section 2.2.20. 2.2.20.2.4.5 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. 2.2.20.2.-5.6 Development planning - External relationships. Development within a PUD district shall be compatible with established or planned uses of surrounding neighborhoods and property. The PUD shall provide 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 2.2.20.3.15shall 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. 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. ! 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. 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 districts 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 Water 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 conunon 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 written 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. 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 existing development patterns, transportation network needs, or the like. .......... a ..... ~ ~"~* ~'~ Iinterconnection 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 intent of the following classifications is to identify_ the purpose and intent of the PUD zoning district, to identify those uses appropriate to the type of PUD district, and to establish performance standards within the PUD which are similar to those allowed by the most similar district(s). PUDs shall hereafter be defined by the following 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 year-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 planned unit development district. This district is intended to accommodate public facilities, institutional uses, open space uses, recreational uses, water-related or dependent uses, and other 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-l, C-2, C-3, C-4, C-5 and 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.] 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 the 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, clinics, treatment facilities and research and rehabilitative centers. e. Printing, lithographing 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 n~n~ gotgeour~,, 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 property then 50 feet. (3) Rear yard: 50 feet. e. Maximum height of structures. 65 feet, except when abutting residentially property then 35 feet. 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 space requirements. 30 percent of the gross PUD area. j. [Performance standards.] Environmental controls, soundproofing, lighting and emission controls shall be required to mitigate impacts of the development on surrounding residential property. 2.2.20.4.5 Airport operations planned unit development district (A OPUD ) Tiffs district is intended to accommodate and regulate those lands where public airports and ancillary_ facilities are conducted. 2.2.20.4.6 Mixed use planned unit development district (MPUD ) This district is intended to accommodate a planned unit development with a mixture of uses as set forth in this Section 2.2.20.2.2.1 and the growth management plan. 2.2.20-_3.4.6.1.-14 Special requirements for mixed use planned unit developments containing commercial component. When a r¢g~dcnt:~a! mixed 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. 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, except track stops. / Major Category Specific uses: 1. Groups 5611 - 5661 Apparel and accessory stores - 2,500 sq. fi. maximum floor area. m. Group 5735 Record and prerecorded tape 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 Liquor 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. 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. 4. Unified plan of develo£ment and common ownership. The neighborhood village center shall be a unified, and architecturally integrated, plan of development with common ownership of all of the property that comprises the neighborhood village center. 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 extemal 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 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 management 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 management plan. 4. Type C - Research and technology park in the urban industrial district of the growth management plan. 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 regulations table. Use regulations for research and technology park planned development districts are as follows: TABI .F. 2.2.20.5.1 USE REGULATIONS FOR RESEARCH AND TECHNOLOGY PARK PLANNED UNIT DEVELOPMENT DISTRICTS 1F. GEND: (-) NOT PERMITED, (P) PERM1TrED, (CU) CONDITIONAL USE (T) TARGET INDUSTRY [RTPPUD ONLY], (NT) NON-TARGET INDUSTRY [RTPPUD ONLY1 Special Notes RTPPUD Identified use Or Regulation Accessorjt uses and structures §2.6 P Accessory apartment § 2.6. ! 4 Accounting 8721,7521,7231,7241 NT Administrative offices P (~2) Aircraft & Parts 3721-3728 T Special Notes RTPPUD Identified use Or Refiulafion Aviation/Aerospace Industries Amateur radio towers Up to 75 feet in height §2.2.23 - 75 feet and higher. ~2.6.35 - Agricultural services: office/base Operations Agricultural uses and agricultural Accessory uses Aircraft food services and catering Aimraft landing facilities, private §2.2.2.3 Airport operations facilities Amusement park 7911-7999 §2.2.15.3 Animals: Clinic or kennel Comrol center (including Humane Society) Apparel 5611-5699 Assisted living facility ATM (automatic teller machine) P Auctioneering 7389-5999 Auto parts store Auto & Home Supply 5531 Automobile Dealers 5511-5599 Automobile Parking 7521 Automobile service station §2.6.28 NT Auto repair and service all ~oups Bait and tackle shop Banks and financial establishments Cn'oup I 6011-6062 NT Group 1I 6081 - 6173 NT Bar or cocktail lounge Barber Shops 7241 NT Beauty Shops 7231 NT Bed and Breakfast Boarding house Boats: NT Boat pasts store Boat nunps and dockage (not marinas) Boat rental §2.6.12 Boat repair and service §2.6.21 Boat sales §2.6.22 NT Boat storage, dry Boatyard Broadcast studio, commercial radio T and television Building material sales 5211-5261 Business services 7311 - 7352, 7359-7389 NT Bus station/depot Cable and other pay television serviees T 4841 Camping cabins Call Center and Customer Support Activities T Caretaker's residence {}2.6.16 Car wash biT Cemetery, cohimbarium, mausoleum CD-ROM development T Churches Cleaning and maintenance services Clothing stores, general NT Clubs: §2.2.2.3 Country §2.2.8.3 Commercial §2.2.9.3 Fraternal, membership organization Private §2.2.14.2.1 Special Notes RTPPUD Identified use Or Regulation Cluster development §2.6.27 Cold storage, pm-cooling, warehouse and processinl~ plant Commercial fishe~ Commercial use of beachfront seaward of the coastal construction control line Communication sroups 48124841 T Communication towers: §2.2.15.3 p 75 feet or less in height § 2.6.35 More than 75 feet in heil[ht CU Community residential home Computer and data processing services, Computer related services, not elsewhere T C!a~ified Construction Special Trades 1711-1793, 1796, 1799 Consumption on premises NT Continuing care facilities Convenience food and beveral~e store NT Correctional facility Cultural facilities Da}, care center~ adult & child services P/NT Data and Information processing T Department store Development testing and related T manufacturing Drive-through facility for any p Permitted use Dml[s, Medicine 2833-2836 T Drugstore, pharmacy 5912 NT Dwelling unit: Single-family, duplex p Two-family attached p Townhouse, multiple-family building p Mobile home Zero lot line Educational Services 8221-8249, 8299 Educational, scientific and research T organ~Ta,ons Engineering 0781, 8711-8713, 8748 NT Entrance gates and gutehouse Emergency medical service (Ambulance station) Emergency operations center Essential services §2.6.9 Essential service facilities §2.6.9 Excavation: Mining §2.2.2.3 Water retention Oil or gas Export based laboratory re. search or resting T activities Facto~ outlets (point of manufacture only) Farm equipment sales, storage, rental or service Farm labor housinl[ Feed or fertilizer, mixinl[ and sales Fences, walls {}2.6.11 P Fire station Fish house, wholesale Fishing piers Flea market: Open Indoor - Special Notes RTPPUD Identified use Or Regulation Food and beverage service, limited NT Food stores 5411-5499 NT Forestry tower Fraternity house/dormitory Freight and cargo handling establishments Funeral home and mortuary (With or without a crematory) Furniture Stores 5712-5736 Gasoline dispensing s~stem~ special NT General Merchandise 5331-5399 NT General Contractors 1521-1542 NT Gift and souvenir shop NT Glass & Glazin~ 1793 Group Care Facilities Golf course Golf driving range Government maintenance facility Hardware store 5251 NT Hatcheries, poult~ Health care facilities: 8011 - 8049 NT 8051 - 8099 NT Health Technologies T Heliport or helistop P Hobby, toy and game shops NT Home care facility Home occupation §2.6.20 Hospice Hotel/motel: 7011, 7021, 7041 NT Household and office furnishings Housin~ units for employees only §2.6.25 P Insurance companies 6311-6399, 6411 NT Information Technologies T Laboratories 5047, 5048, 5049, 8071, 8731, T 8734 Laundry or dry cleanin]~ NT Lawn and garden supply stores Legal Offices 8111 NT 8231 Special Notes RTPPUD Identified use Or Management 8741-8743, 8748 Marina 4493, 4499 §2.6.22 Medical office Medical Laboratory 8071,8072, 8092, 8093 T Membership Organization 8611-8699 NT Mobile home dealers Models: Display center §2.6.33 Model Home Model Unit Motion picture production studio 7812-7819 NT Motor Freight & Transportation Warehousing 4225 ~lulfimedia activities T Mulrislip docking facility §2.6.22 Museums & Art Galleries 8412 Night Clubs Nonstore retailers §2.2.16.2 Nurseries Lawn & Garden 5261 - Parcel and express services ' package store - Paint, glass and wallpaper Parks P Park trailers Parking lot: Accessory P Commercial Garage, public parking P Temporary Personal services 7211-7299 NT Pet services Pet shop Ph~y NT Photo finishing laboratory T Photographic Studios 7221 NT Physical Fimess 7991 NT Place of worship Plant nursery P Play Ground Police or sheriff's station Post office 4311 Printing and publishing 2752 T Prison Processing or packaging of Agricultural or fish produ~s Processing and wareho,,~ing Production facilities and T operations/technology based Special Notes RTPPUD Identified use Or Regulation ~rofessional Office NT Public Administration 9111-9661 Racet~cl~ Real estate sales office 6531-654 I Recreational facilities: Commemial Private - on site Private - off site Recreational vehicles Recycling facilit~ Religious facilities Rental or leasing establishment: 7021, 7999, 8231 All others Repair shops: 7219, 7629, 7641, 7699 Ali others Retail services 5912, 5942-5961, 5992-5999 Retail - Miscellaneous 5912-9999 Research, development laboratories & Technology Parks: See Note (3) 8071, 8731, 8734 P All other~ P Residential Development P Residential accessory uses NT Restaurant, fast food NT Restaurants 5812-5813 NT Retail and wholesale sales, when clearly incidental and subordinate to a permiRed principal use on the same premises Rooming house Salvage and disposal of materials, including auto junkyards, refuse disposal and processing plants, incinerators, landfills and similar uses Sanitaqt landfill Schools: Commercial 8243-8299 NT Schools: Noncommercial Public 8211 Colleges 8221, 8222 Security & Commodity Brokers NT 6211-6289 Self-service fuel pumps NT Shoe Repair 7251 Signs in accordance with Div. 2.5 §2.5 Signs P Social services Specialty retail shops Stable: Boarding §2.2.2.2.1 Commercial Private Storage: Indoor only P Storage, open §2.2.15V~.6 Large-scale storage, noxious or hazardous materials (flammable, toxic, explosive, corrosive, etc), including liquid petroleum, fractions and distillates thereof, and fuel gases. Studios NT Temporary uses - Telephone communications 4813 T Tents, transient parks only Theater: Indoor Outdoor (drive-in) Special Notes RTPPUD Identified use Or Regulation Transportation services Travel Agency 4724 NT Truck stop, trucking terminal Used merchandise stores Variet~ store Vehicle and equipment dealers Veterinar~ 0742 Video Rental 7841 Vocational Schools 8243-8299 Warehouse: Mini-warehouse, 4225 Private Public Cold storage only Wholesale establishments Wrecking yard: Auto Other 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 ro~ds 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. Rearyard: 15 feet. d. Minimum yard requirement from any residentially zoned or uses property 25 feet. 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 six (6) 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 and other uses 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 ~ eighteen months, from thc January 9, 2002., 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. 2.2.36.4 Prohibited uses. The issuance of any development order that would allow the following uses is hereby prohibited for a maximum oae-y~ eighteen- month period 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. 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. 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). Map No. 2.23.5-1 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 transmission and distribution lines, substations, emergency power structures, sewage lift stations, 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, libraries, museums, neighborhood parks, and recreational service facilities; d. in residentially zoned districts the following governmental facility: neighborhood parks. 2.6.9.2. 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: except ag b;; Sec. 2.5.9.1: regional parks, community parks, safety service facilities, and other similar facilities~, except as otherwise specified by ~ec..~2.6.9.1; c. in residential zoned districts: branch libraries. 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, a polling place may be required by the board to be provided in any 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 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 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 v;~o that controls said common facility prior to the election. 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. 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 public informational meeting within 30 days of receipt of County Staffs' initial review comments on the application ....... Fre -rr ......... mc~et:ng ......... ~ncr .............e notice of the meeting shall be sent to all property 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 public 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 4-8 12 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 public informational meeting. The Collier County staff planner assigned to attend the pre-application meeting, or designee, shall also attend the public 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. ~ 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 ?/ · "~% p ' 4. Where it has been detcr~ned that the~c is a pro~y owne~, ~nctionin~ condo~nium or civic association who has made ~o~ ~equest o~ ~e county to be notified, then the applic~t sh~l p~ovide w~tten documentation to the plannin~ se~ices dep~mcnt indicatin~ ~at such Prope~y ownc~ o~ o~anization has ~so been notified conce~in~ the extent and nature oF the v~ce or p~n~ exemption ~quested. ~e ~pplic~t sh~l provide a w~tten account o~ the ~esult o~ such noticiu~ and shah sub~t any ~d ~1 w~tten co~unications to the p]~ning sewices dcp~ment. ~ list o~ pro~y owue~s, homeowner or condominium ~sociations notified ~d ~y other w~tten co~unications sh~l bc sub~tted to the pl~nin~ se~ices dep~ent at l~ast two weeks p~o~ to the scheduled date of the first adve~ised ORIGIN: Community Development & Environmental Services Division AUTItOR: 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 minimum, of the following elements: 2.7.3.1.1. PUD master plan. The PUD master plan shall include the following information ""~^~ ,4~.~:~,4~ ,~ ~. ............. to graphically illustrate the development strategy (The Community Character Plan For Collier County, Florida (April 2001) should be referenced as a guide for development and redevelopment in the PUD district.): 1. 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 ail proposed tracts or increments illustrating boundaries within the PUD such as, but not limited to: residentiai; office and retail; commerciai; industrial; institutionai; conservation/preservation; lakes and/or other water management facilities; common open space; types 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 ail 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 commerciai, industriai, 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 individuai 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 as well as with abutting uses; 8. Typical cross sections of all major, collector, and local streets, public or private, within the ~ PUD. 9. The location of proposed and existing roads, rights-of-way, and pedestrian systems within 1,500 299 feet of the proposed PUD; 10. The overall acreage and proposed gross density for the PUD; 11. Provide information on previous and recent Ot.h~ 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. v ....... :~ ~'~ PUD document. The applicant shall submit g~data 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 -.vk:.ch shall -~:~' cc ...... of 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 ~ .... :-~ 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; 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 e,,tisOag 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 othe~ 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 ~ existing public facilities, such as schools, parks; and fire stations that will service the PUD; aiad4ihe; 17. A plan for the provision of all needed utilities to serve a::~ w:.t~.:.n 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; 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, theie relationship to open space, recreation facilities, or traffic impacts, or to assess requests for reductions in dimensional standards, the '~ .... ~ ..... · .... :~ planning services department director may request schematic architectural drawings (floor plans, elevations, perspectives) for ail 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 thc rcquircd master plan elements required in section 2.7.3.1.2. The ~ .... ~ ..... * .... :~ 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 department 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: 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. 2732 P h nfe y ~_~:~,:^~ c ...... ~. :~.^ r, Trr~ , .... ~ ..... :,, .... 2. re earing co rence. An -er .................... o ..... , .~o ............ ~ Pmhe~ng conferences may be held between the applic~t ~or ~s representatives ~d officios or representatives of the county prior to adve~isement of the he~ng date. ~e pu~ose of such prehe~ng conferences sh~l be to ~sist in bringing the application for rezoffing to P~ ~ ne~ly ~ possible into confo~ty wi~ the intent of ~ese or o~er applicable re~lations, ~or to define s~cific~ly ~y justifiable v~ations from the application of such re~lations. 2.7.3.2.3. Staff review and recommendation. Based upon its evaluation of the factors set forth above, the approp6~ county staff shall prepare a report containing their review findings, and a recommendation of approval or denial. 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 aa-3,h~po~t 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. 2.7.3.2.6. 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 heating on the application. The notice and hearing shall be on the application, n,~n~ 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 mas:ct F!ans. 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 whether or not the project has commenced in earnest in accordance with the following criteria: 1 ~ ,z. ........ ado ~ Drrn ....... ~ is given aFFrava!,For PUDs approved prior to October 24, 2001, ar~. ~or tkc ~r~. ........ ~: ..~. ............ .~ o~..o~.j~ the landowner(s) shall: A. Obtain approval for improvement plus or a development order for all infrastructure improvements to include utilities, roads ~d si~l~ improvements required by the approved PUD master pl~ or other development orders for at le~t five ye~s from the date of approv~ by the bo~d of county co~ssioners; ~d B. Receive fin~ loc~ development orders for at least 15 ~rcent of the total number of approved dwelling units in the PUD, or in ~e case of PUD'S consisting of nonresidenti~ uses, 30 ~ment of the total approved gross leasable floor area within the PUD eve~ six yegs from the date of approv~ by the bo~d of county comssioners. For PUDs approved on or after October 24, 2001 the la~ owner shall: A.~ For residenti~ potions of PUDs .................. ~ ..... t ..... ~ initiate physic~ development of infr~tmcture improvements, including access roads, intem~ roads, sewer ~d water utilid~s ~d ~y other related infrast~cture, that suppo~s a ~nimum of 15 percent of ~e designated residenti~ ~ea or ~eas of ~e P~ by the t~rd ~nivers~ date of the PUD approve. An addition~ 15 percent of such infras~cture sh~l be completed eve~ ye~ there~er u~til PUD buildout. B~ ~ For ~e no~esidenti~ potions of PUDs ~d co~erci~ ~d industfi~ PUDs the owner entity sh~lt-~-r~;~ ~o] iaidate physic~ development of a ~mum of 15 percent of au~odzed fl~r ~ea when approved on the b~is of a defined ~ount of ~r space, by the t~rd ~nivers~ date of ~e PUD approve. ~ the event ~e floor ~ea is not the defining intensity measure, then 25 ~rcent of the l~d ~a to include some representative potion of the buil~ng space sh~l be cons~cted by the t~rd ~nivers~ of the P~ approv~ date. ~e s~e ~ount of development sh~l ~ ~u~d eve~ ye~ thereafter up to ~ ~ount ~p~senting 75 ~rcent of authorized buildable ~a ~d floor ~ea. ~e~er ~e PUD sh~l be exempt from these sunset provisions. ~ in the event of a moratorium or other action of gove~ent ~at prevents ~e approv~ of ~y ~n~ development order ~e duration of the sus~nsion of the approv~ sh~l not be counted tow~ds ~e t~ee-ye~ 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. [section relocated] 4. Prior to or any time after Should the ' .... ~ ........ rvlc~a planning services department director determines that a PUD has sunsetted, '~ .... ~ ..... ' *' .... * ..,_,.. ....~.,.~ .,~ ...: ...... ~ ~ ,.~.*, then the property owner shall initiate one of the following: i. a request for PUD extension; ii. a request for PUD amendment. Uupon review and consideration of the appropriate application, 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. 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. 2. Require the owner to submit an amended PUD: ,.,k:~. ,~. .... : ....... ~ plan. The existing PUD shall remain in effect until subsequent action by the board of the submitted amendment of the PUD, however no further development order applications shall be processed by the County until the PUD is officially amended. 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. For all PUDs, once a PUD has sunsetted ~u^_~a ,.u~ a .... ~ .....· .... ;~ 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 county 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 commissioners prior to implementation. Any insubstantial change(s) to an approved PUD 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 2.7.3.5.6 of this Code; or 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 ,~,. ~ ..... *...v-.,~.,~~ ..... ~ o.~. .... ...~..~:~ 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 d ..... v ....... gerv:.ce: 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 the subdivision or site development plan review processes. 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 ~ 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 se:":;.ceg ~:.rectc. r. 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; infrastructure 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 ~' 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 sitz '~ .... ~ .....* .... : .... '~:~- pl part ...... t, ...................... anning services de ment 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,,,~ '~ ..... ,~,,,~,_,~,,~ ..... * ~,~, ...., ,,,,~o:~ planning services department director shall be authorized to interpret the PUD document and PUD master plan. 2.7.3.9. Non-conforming situations. Nonconforming situations that were otherwise lawful prior to the effective date of this section of the article shall comply 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.) 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 heating; 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 the requirements of this section. 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; ~ I 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 heating 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. 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 or attorney, or may submit written comments to the board of zoning appeals. 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.) 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 / reconfiguration. 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 ~cr-::zzz engineering 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 adjace parcels !ets frr. m t~..:zz FIr. t:z~ Iztz; 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 official records of Collier County, Florida, upon approval, and shall indicate that the result of the lot line adjustment will meet the standards of, and conforms to, 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. 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 ~6 18 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 ~6-18 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 dc;'zlz';mznt zzr-:"zzz engineering review 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. 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. re'I, 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, along with all required information, prior to any such acceptance. This section 3.2.6.5 describes the policies, procedures and data required to obtain approval and acceptance of all required improvements constructed. 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 developer 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 confm'ns the developer's intent to complete all of the remaining improvements within a 12 (twelve) month time period. Additional one year extensions may be approved by the Engineering Review Director. 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 an~ 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; as established by a Florida registered surveyor & mapper. All information shall have a maximum dimensional error of +0.5 feet. 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.). All plans shall tie into the Public Lands Survey system (PLSS) grid which shall be provided by Collier County's GIS Department via CDROM disk or from an on-line electronic download. In addition, all improvement plans shall, at a minimum include, but not be limited to: 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, sba!! ~^+ '~'~ *" ~1~ .... such en~:U~., only. shall be requireO to provide ~ollin~ places in said co--mW recreatio~public buildin~public room if a polling place is dete~ined to be necess~ by me supe~isor of elections. Access to me ¢olling place must be provided to all individuals ~ving to vote or work at the polling place d~n~ official voting ho~s, incluaing me time required to emblis~ the ~ollin~ ¢lace, u~ate ~d post ~e voting resdts. This commitment shall be guaranteed through an agreement recorded in the of£~cial 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. 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 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: 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. A~a~plication meeting shall be conducted by the planning services directo ~ ~I~ prior to the submission of any site development or site improvement pl~ 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 submittalpacket: 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 salei or a notarized statement of ownership d and control of the lot or 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 scale, and 1. 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. Zonlne designation ~,~ ~e~e~ 43. Vicinity map clearly identifying the location of the development and its relationship to the surrounding community. ~ 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 summary in c~art form w~h s~al~~ the 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 e. For nonresidential projects, total building footage and a square footage breakdown by use (i.e., office, retail, storage, etc.) and its rcentage of the total buildin~ mm'm f. All required and provided setbacks and separations between buildings and structures in matrix form. A parking summary in matrix form which shall include: a. Type of use. b. Total square footage ~ use. ~,,, kin ratl~ ~n~l~t~ :. ~,,Reclulred par g ~ .... ri~imnerprovlo~; 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 ~ro~osed structures so that a needed fire flow may be determined. b. A fire hydrant flow test report from the applicable fire district for the closest hydrant(s)~ to the project so that the available fire flow may Illustrative information accurately depicted ~~~ shall be as follows unless waived at the pre-application meeting: a. ^ boundary survey, prepared by a professional surveyor, showing the location and dimensions of all property lines, existing streets or roads easements ri hts-of-wa' and areas dedicated to the >ublic. ~g ~me._~sm a~?.. 1, ,, ~ ............. / b. Name, alignment and existing/proposed fights-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. (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 'ects sub ect to the provisions of division 2.8., 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. Representations made on the si,t~ developm~et plan sh~ become conditions o~~ 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; as established by a Florida registered surveyor & mapper. All information shall have a maximum dimensional error of +0.5 feet. Files shall be in a Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right-of-way - ROW, centeflines - 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 {JIS Department via CDROM disk or from an on-line electronic download. In addition, all improvement plans setting forth the following information when applicable: 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 Dian at *~ ':-- ~ ^c ~..:, ~: ..... :* _ . ................... ~, r ..... approval. ORIGIN: Administrative Services Division AUTHOR: John Houldsworth, Engineering Review and Donald Blalock, GIS Programmer DEPARTMENT: Information Technology LDC PAGE: LDC3:78 LDC SECTION: 3.3.8.4. Site development plan CHANGE: To require an applicant's professional engineer to supply site 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 are acceptable to the Engineering Services Department Director at the time of application of the site improvement plan. 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 3.3.8.4. Site improvement plan submittal and review. A site improvement plan (SIP) shall be prepared on a 24-inch by 36-inch sheet 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 Proiection, and a North American Datum 1983/1990 (NAD83/90 dar_urn), with United States Survey Feet (USVEET) units; as established by a Florida registered surveyor & mapper. All information shall have a maximum dimensional error of +0.5 feet. 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.). All plans shall tie into the Public ! .ands Survey system (PLSS) grid which shall be provided by Collier County's GIS Department via CDROM disk or from an on-line electronic download. In addition, all improvement plans setting forth the following information: 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 Perfor,~ance securities for site development plans. In the case of multi family developments with individually owned units which are served by subdivision t_ _vpe improvements, i.e. driveways which function as access roads and drainage improvements., these developments shall be required to post a perfom~ance security in a form as out!Jned 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 pefforrcmnc~ ~ecurit¥ shall be accepted by the county prior to the issuance of the first certificate of ~ccupancy 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:. 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 Amend the LDC as follows: Sec. 3.3.10. Site Development P.P.P.~lan 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 days 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) ~h"~! only remain valid and in force for two years from the date of their approval unless construction has commenced, as follows. If no ...... v ....... actual construction has not commenced within two years, measured by the date of the SDP approval letter, the site development plan sh/d4-eni6r-e 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. ^ :~ ~cc_~, ~, ,~.~ ,:~ ~e ,~.~ ~,.~: ......... · 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) :,h~d! only 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 constmcfion3, has commenced within two years, measured from the date of the required pre-construction conference, the site development plan shal4-ern~e 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. ~ Once construction has commenced, the approval term will be determined by the ' ' of Section-3.3.10.3. 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 ........* ~.. a ......... vv ................~e."m'.· ig by p .......'^ ~,~. ~ ~n~,:A~ 4,~. ,~ ' s ned the user and filed with the '~ .... ~ ..... ' ° ~':~ '~-~ .... Engineering Services Department. The application ~ shall det~l the pu~ose of the ~t ~d sh~l include, but sh~l not be li~ted to, the following data ~d info~ation or, whe~ applicable, sh~l have such data ~d info~ation sub~tted as ~ attac~ent. It is not ~e intent of ~s division to require ~ applic~t who has previously obt~ned a State of ~o~da user of explosives license or explosive blaster ~t to ag~n p~duce o~gin~ ~ta ~d info~ation (other th~ the o~gin~s requested in section[s] 3.4.5.1.1 t~ugh 3.4.5.1.6 below) that was supplied as p~ of the application process for ~e state license or pe~t ~d w~ch o~gin~ data ~d info~ation is on file with the ~ .... ~ .....* .... :~ ~~ Enginee~ng Se~ices Dep~ment. ~ ~e event that app~ca~on data or info~ation required by t~s s~tion has been p~viously supplied to ~e dep~ment of natur~ resou~es, the applic~t may supply copies of such info~a~on to Collier County to ~1~11 the s~ci~c data or info~ation requi~ment. ORIGIN: AUTHOR: Bill Spencer, Engineer DEPARTMENT: Engineering Services Department LDC PAGE: LDC3:78.4 LDC SECTION: 3.4.5.1.7. CHANGE: 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. A~ .~,-.~ ~o*.~'~*:^~.v..w. Location of the site at which blasting will occur, including section, township, and range. 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 wayg Rights-of-Way. 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~ g-.The pounds per shot when underwater "doby" detonation is performed (if such information is applicable to the blasting activity). 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 l~tter zf application to the office of the ~ Engineering, Services Director ser';:~ce: g:~re:tv, r, processing shall commence. 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 .D'""'..~,, .r"'"";.., ..,. ...... .. .~, .,.a ,.' ..... ,,.~.,.,,,,,,,~;""~',,, 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 ~, 50 200 feet times the square root of the charge away from the blast, as infrastructure by the following formula: D= 150 200 x W lA (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 300 500 feet of the blast permitted for any size charge. 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 nun 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 m~ o~..: ...... .~ T ..... *:~ 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. 3.4.7.1.4 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 blasting. 2. Notification shall be distributed to all properties containing structures within a radius calculated for a scaled distance of ! 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 ! 50 200 feet pits an additional 50 percent shall be accomplished at least seven days prior to the re-commencement of blasting. 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 ef application has been fully completed, as determined by the Development S_ervices Director or designee, and submitted to the Engineering ~ S_ervices Director or designee, the Engineering ~ Services Director or designee, shall: 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 le~er cf application and issue a permit with such conditions, if any, which may be deemed necessary; or 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 planning 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. 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 clarif'mation 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 a;~rieved person f:e.?. 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 ;;,ith!,". 30 days after the occurrence of the event(s) which first .qave rise to said grievance and upon payment of the required fee, a written petition with the develefm~ 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 bein.q 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. 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 & OPERATIONAL 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 application for coastal construction setback line (CCSL) variances, such provisions shall be enacted or amended pursuant to the following public notice and hearing requirements by the board of county commissioners. 1. A sign shall be posted at least ~5 days prior to the date of the public heating by the board of county commissioners. The sign to be posted shall contain substantially the following language and the sign's copy shall utilize the total area of the sign: PUBLIC HEARING REOUESTINQ CCSL VARIANCE APPROVAL (both to contain the following information:) TO PERMIT: (Sufficiently clear to describe the proiect) DATE: TIME: TO BE HELD IN COMMISSIONERS lVIEETING ROOM, COI.I~IER 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 ana on the side of the property visible from the beach. Where the property for which approval 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 notat_i_on indicating generally the distance and direction to the subject t~ro_~rty. 3. In the case of signs located on properties one acre or more in size, the applicant shall be responsible for erecting the requireo sign(s). 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 signs cannot be posted directly on the 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. There shall be at least one sign on each external boundary which fronts upon a street, however, in the case of external boundaries along a street with greater frontages than 1,320 linear feet, signs shall be placed equidistant 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 department that the sign(s) were erected by furnishing photographs of the sign(s) showing the date of their erection at least ten days prior to the scheduled public hearing by the planning commission, whichever has jurisdiction. The signs shall remain in place until the date of either of the following occurrences: 1. Final action is taken by the board of county commissioners or 2. The receipt of written notification by the planning services department director from the applicant requesting 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 newspaper 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 density in terms of total floor area of commercial or industrial space and dwelling units per acre for residential projects, and a description of the institutional or recreational uses when part of the development strategy. The advertisement shall also include a location map that identifies the approximate geographic location of the subject ~roperty. 5. The board of county 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. 3.13.6.4-3~The board of county commissioners shall notify petitioner in writing of its decision within 15 days of the public hearing. 3.13.6.~4_ 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. 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 heating 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 Department 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. 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 r,;,:~ 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 ~ Wellfield. ~ E_.:. The Airport Water Treatment Plant Wellfield of the Immokalee Water and Sewer District wellfields; and G,. 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/ / 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 Citic:~ f ^''n'n-~ Wellfield.; n"'~ C. rl"%,~ I%.1:-,,4-1, 'NTn~l~ T T~-iIi.F.~,, /'/'~,,~11 /'~!,\ ll/~ll.l~,~l,4, .... 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; r~ rf-~ g-n_l~,,~l~~ 11/'~114:~.~1,4. /5/ E~. D.__~. The Airport Water Treatment Plant Wellfield of the Immokalee Water and Sewer District wellfields; ~ E~ The Carson Road Water Treatment Plant Wellfield of the Immokalee Water and Sewer District wellfields; and G:. F~ The Orange Tree taetieita-lh~ Wellfield. 3.16.2.1.2.1.2.-10 The Main Water Treatment Plant Wellfield of the lmmokalee Water and Sewer District wellfields withdraws groundwater from the Lower Tamiami and the Sandstone Aquifers. 3.16.2.1.2.10. 44- 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 1988-1989) or only partially restricted hydraulic connections (e.g., Wells C-953 and C-951, id.). 3.16.2.1.2.1.11.-h3 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.-1-3 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/ / ORIGIN: Public Utilities Division AUTHOR: Ray Smith, Director DEPARTMENT: Pollution Control & Prevention LDC PAGE: LDC3:lgl LDC SECTION: 3.16.2.4.1.1. to 3,16.2.4.1.9. CHANGE: Through the "Well field 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 HSCAL & 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 Wellfietd. 3.16.2.4.1.4. Everglades City Wellfield. 3.16.2.4.1.5. Florida Governmental Utility Authority Golden Gate Water Treatment Plant ~ Wellfield. 3.16.2.4.1.6. The Orange Tree Gtad~ Wellfield. 3.16.2.4.1.7. Immokalee Water and Sewer [District] wellfields drilled into the Lower Tamiami aquifers and Sandstone aquifers. LDC AMENDMENT/ / 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 submit to the board of county commissioners an annual report recommending amendments to the land development code. 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 roles 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. /.5? 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 shall 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. 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: ~~~ · _ _-___- ..... :-_ .... : ............. 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: T~e 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. 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 outpacel must meet the minimum development and dimensional standards of the underlying 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. 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: Passenger vehicle: A car, pickup track, motorcycle, van, sports utility vehicle or the like, used primarily for personal transportation and the transportation of others but which is not for hire or used for commercial or recreational purposes.. 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 comer 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 comer 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~_: (1) only one full depth front yard shall be ok .... ~* ~;-~ ~'~ *~ ...... * ~ ~1 zoning dis~cts, the ~11 depth ~ont requirem~Bt will apply to tbe ~om y~d w~ch has the s~o~r o~ sho~t s~t ~ ~1 zoning dist~cts, except th~ E (E~tat~) ~o~ di~trgct, th~ s~tb~k requ~ment for the rem~ni~ from y~d(s) c~ot be reduced ~ more th~ 50 ~m~t of ~e ~11 ~nt y~d setback requirement for that distffict, exclusiw of ~y road ~ght-of-wa~ or road right-of-way easement. Additionally, in the Estates goning 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. / ¢ 5 ORIGIN: Public Utilities Division AUTHOR: Ray Smith, Director DEPARTMENT: Pollution Control & Prevention LDC PAGE: LDC3:225 & LDC3:226 LDC SECTION: Appendix A 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. This proposed amendment identifies the location of the proposed boundaries of the wellfield risk management zones within the Official Zoning Atlas of Collier 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 APPENDIX A. WELLFIELD PROTECTION ZONE MAPS Illustrating the Locations of Wellfield Risk Management Special Treatment Overlay Zones Established by the "Three-Dimensional Simulation of Wellfield Protection Areas in Collier County, Florida" (Voorhees, 2002..,..n"a --,-----~,~':~ .-.,...,~ .occ~ Initial reference to "appendix A" can be found in section 3.16.2.1.2.3. The pages that comprise appendix A, as-attaehe&, are located within the Official Zoning Atlas for '"" on Collier Coun ercx cop:e: cf r ............................ ~, ........~ ,~ .....~, ...... r~ which the boundaries of the wellfield risk management zones are plotted. The wellfields are arranged in the order of mention in section 3.16.2.1.2.1.6 [3.16.2.1.2.1.7--3.16.2.1.2.1.9]. Explanation of maps: 1. Due to the location of some wellfields relative to map boundaries, there may be multiple Zoning Atlas Maps ~ required to illustrate the particular wellfield. 2. Major roads are noted on the maps as initial points of reference. 3. Zone W-1 is the land area encompassed by the innermost closed line around each wellfield. 4. Zone W-2 is the land area situated between the innermost closed line around each well field and the next closest closed line around the wellfield. 5. Zone W-3 is the land area situated between the closed line surrounding W-2, as defined above, and the third closed line from the wellfield. 6. Zone W-4 is the land area situated between the outermost, closed line surrounding the wellfield and the next adjacent closed line that defines the outermost boundary of W-3. INDEX TO APPENDIX A This index includes the name of the wellfield and the Official Zoning Atlas for Collier County Map Numbers t t~:,~.~ e,~,~ ~,~:~ e ........... .~ .... ~ .... ~ which the wellfield is located. EVERGLADES CITY WELLFIELD Official Zoning Atlas for Collier County Map Numbers: 512930, 522930, 2912S. FLORIDA GOVERNMENTAL UTILITY AUTHORITY GOLDEN GATE WATER TREATMENT ~,-.,-,~ ....... ~ .......... ~ ....... Official Zoning Atlas for Collier County Map Numbers: GGg28, 9621S, 9622S, 9627N. 9627S.. 9628N, 9628S, 9634N. 9635N._ l~Tt'~Drln-I_T ~.T A DT ~'~ l T"WI'I' 'lrl'~[I~ C~ /t~T T A I'!' EAST GOLDEN GATE WELLFIELD Official Zoning Atlas for Collier County Map Numbers: GGE08, 482728, 492728, GG09E, GGE09F, GGE10, GGE09C, GGE05F, GGE09A, GGE09B. COASTAL RIDGE (GOODLETTE ROAD) WELLFIELD 'l~T~l ~ 'NT~..+h Official Zoning Atlas for Collier County Map Numbers: 9619N, 9619S, 9523N, 9523S, 9522N, 9522S, 9527N, 9527S, 9526N, 9525N, 9525S, 9536N, 9535N, 9534N, 950809N, 950809S, 9510N, 9510S, 9511N, 951 IS, 9618N, 9618S, 9514N, 9514S, 9515N, 9515S, 9606N, 9606S, 9502N, 9502S, 9503N, 9503S, 9504N, 9504S, 8534N, 8534S, 8535N, 8535S, 8536N, 8631S, GGE01, GGE18. COLLIER COUNTY UTILITIES WELLFIELD Official Zoning Atlas for Collier County Map Numbers: 492728, 8723S, GGE04A, 873132, GGE04B, GGE04C, GGE04E, GGE04D, GGE05A, GGE05B, GGE05C, GGE05F, GOE05E, GGE05D, GGE05G. aT n l~r:e XTrCT · CTCT T", ~O~EE WA~R ~D SE~R DIS~CT ~~LDS Offici~ ~ning Afl~ for Collier County Map Numbe~: 462930, 6930S, 6929, 6928S, 6931N, 6931S, 6932N, 6932S, 6933N, 6933S, 6934S, 472930, 7905N, 79~N, 79~S, 7903N, 7903S, 7909N, 79~S. DBT T~AXT D AVIX~T I ~T ~ Plate I u~-:+~ e-~ ~a~ ORANGE TRI~.E WELLFTELD Official Zoning Atlas for Collier County Map Numbers: 482728, 8714N, 8714S, 8723N. LDC AMENDMENT/ / ~x z>.. © > ORDINANCE NO. 03- 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, DMSION 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 7_A)NING 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 SIX MONTHS; DIVISION 2.6, SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7, ZONING ADMINISTRATION AND PROCEDURES; ARTICLE HI, 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; DMSION 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 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. WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC) , which has been subsequently amended; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of County Commissioners pursuant to Section 1.19.1, LDC; and WHEREAS, this is the first amendment to the LDC, Ordinance 91-102, for the calendar year 2002; and WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 9%177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on December 11, 2002, and January 8, 2003, and did take action concerning these amendments to the LDC; and 1 Words stmek4:l~i~ are deleted, words ~ are added WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and 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 seo., 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)(h), 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 (hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements of Sec. 1634.3161 et sea. Fla. Stat., and Rule 9J-5, F.A.C. 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. Pm~uant to Sec. 163.3194(3)(a), Fin. 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 intensifies in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 2 Words smi4di-tl~h arc deleted, words underlined arc added 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 n~cessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate nsc 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 arc of Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve thc 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 thc adequate and efficient provision of transportation, water, sewerage schools, parks, recreational facilities, honsing, and other requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and maintain through orderly growth and development, the character and stability of present and future land nses and development in Collier County. 12. It is the intent of thc Board of County Commissioners of Collier County to implement thc Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A. AMENDMENTS TO DMSION 1.9., ENFORCEMENT Division 1.9 Enforcement, of Ordinance 91-102, as amended, thc Collier County Land Development Code, is hereby amended to read as follows: DMSION 1.9 ENFORCEMENT SEC. 1.9.9 Notice and appesl All administrative decisions authorized by this Code for a pending violation of thc Code concerning a stop work order, or the issuance, revocation, o__r snspension, er gtc. p worlr ~.rdzr, er z~zr. rr. mz.~y 7z~a:-.-2r.~, :c. of building permits, certificates of occupancy, development orders, development permits, or development approvals, whatsoever, mnst .................. .~. ..... L._ sent by registered mail, be reduced to writing and ~.all ~z ..... a :_ ~cc.:~ ...~ -- -~ :~. return receivt reauested, to the official holder of the affected development avt~roval 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 adjnstments and appeals, except as may be otherwise authorized by thi~ Code or by other regulation adopted by reference as a part of this Code SUBSECTION 3.B AMENDMENTS TO DIVISION 2.2, ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES~ DIMENSIONAL STANDARDS DIVISION 2.2., Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: 3 Words ;~.;c.k '~z~:~. ar~ clolotock worcl~ uncl~rlined m~ ~ DIVISION 2.2, ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS Sec. 2.2.2 Rural agriculture District (A) 2.2.2.2. Permitted use~. The following uses are permitted as of right, or as uses accessory to permitted uses, in thc 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. 2.2.2.3. Conditional uses. The following uses are permitted as conditional uses in the rural agricultural district (A), subject to thc 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, p~:bl'.'c ~':d private. Sec. 2.2.3. Estates DisUict (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, pu~l'[c. :r.~ private. 2.2.4.2. Permitted uses. The following uses are permitted as of right, or as uses accessory to permitted uses, in the residential single-family districts (PSI*). 2.2.4.2.1. Permitted uses. 4 Words sm~k-4hr~h are deleted, words underlined are added 1. Single-family dwellings. 2. Family care facilities, subject to section 2.6.26. 3_. School. public. Section 2.2.4 Residential single-family districts (RSF) 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. 1. Noncommercial boat launching facilities and multiple dock facilities, subject to the applicable review criteria set forth in section 2.6.21. 2. Churches and houses of worship. 3. Schools, L.I:~ ~..,I ' p~: ....... pnvate. Section 2.2.5 Residential multiple family -6 district (RMS) 2.2.5.2. Permitted uses. The following uses are permitted as of right, or as uses accessory to permitted uses, in the RMF-6 district. 2.2.5.2.1. Permitted uses. 1. Single-family dwellings. 2. Duplexes, two-family dwellings. 3. Multiple-family dwellings, townhouses except as provided by section 2.6.36. 4. Family care facilities, subject to section 2.6.26. 5_. Schools. vublic. 2.2.5.3. Conditional uses. The following uses are permissible as conditional uses in the RMF-6 district, subject to the standards and procedures established in division 2.7.4: 1. Churches and houses of worship. 2. Schools,~ private. See. 2.2.6 Residential multiple-family-12 district (RMF-12) 2.2.6.2.1. Permitted uses. 1. Multiple-family dwellings. 5. Family care facilities, subject to section 2.6.26. 5 Words ~tr.::k '~- are deleted, words ~derlined are added 6_. Schools, public. 2.2.6.3. Conditional uses. The following uses are permissible as conditional uses in the residential multiple-family-12 district (RMF-12), subject to the standards and procedures established in division 2.7.4: 1. Child care centers and adult day care centers. 5. Schools, p~:bl!: and private. See. 2.2.7 Residential multiple-family-16 district (RMF-16). 2.2.7.2.1. Permitted uses. NEVER A PERMITTED USE IN THIS DISTRICT BEFORE 1. Multiple-family dwellings. 2. Townhouses, subject to the provisions of section 2.6.36. 3. Family care facilities, subject to section 2.6.26. 4. Schools, public. See. 2.2.9 VHlage residential district (VR) 2.2.9.2.1. Permitted uses. 1. Single-family dwellings. 5. Family care facilities, subject to section 2.6.26. 6_. Schools, public. 2.2.9.3. Conditional uses. The following uses are permissible as conditional uses in the village residential district 0/R), subject to the standards and procedures established in division 2.7.4: 1. Boatyards, subject to the applicable review criteria set forth in section 2.6.21, and marinas. 7. Schools, pubSc "-':d private. 2.2.10 Mobile home district (MH) 6 Words =~ack 'u.h-'::~- are deleted, words underlined are added 2.2.10.2.1. Permitted uses. 1. Mobile homes. 4. Recreational vehicles (RV) as defined in the TTRVC district for those areas zoned MHTT or MHRP prior to November 13, 1991, in accordance with an approved master development plan designating specific areas for RV spaces. The development standards of the TTRVC district (excluding lot size and area) shall apply to the placement and uses of land in said RV areas. 5. Schools, public. 2.2.10.3. Conditional uses. The following uses are permissible as conditional uses in the mobile home district (MH), subject to the standards and procedures established in division 2.7.4: 1. Child care centers and adult day care centers. 4. Schools, public a.'~d private. Sec. 2.2.16 Industrial district (I) 2.2.15.2.1 Permitted uses. 39. Schools, public. (Renumber remaining list of uses) 2.2.17.2. Permitted uses. The following uses are permitted as of right, or as uses accessory to permitted uses, in the conservation district (CON). 2.2.17.2.1. Permitted uses. 1. Publicly owned parks. 7. Oil and gas exploration subject to state drilling permits and Collier County site development plan review procedures. 8_. Schools. public. 2.2.17.3. Conditional uses. The following uses are permitted as conditional uses in the conservation district (CON), subject to thc standards and procedures established in division 2.7.4: 1. Extraction and related processing and production. 4. Schools, private. 7 Words ~-~.::~ '~:u~. are d~leted, words underlined are ~dded MUST CONSIDER THE CONTINUING APPLICABILITY OF THE FOLLOWING PROVISION: Sec. 2.2.30 Declaration of partial moratorium for rural and agricultural area assessment 2.2.30.2 Prohibited uses. The following uses are hereby prohibited for a maximum three year period while the rural and agricultural area assessment is being conducted. 1. New golf courses or driving ranges. 2. Extension or new provision of central water and sewer service into thc 3. New package wastewater trealment plants. 4. Residential development except farmworker housing or housing directly related to support farming operations, or staffbousing (12 du/acre) and other uses directly related to thc management of publicly owned land, or one single family dwelling unit per lot or parcel created prior to June 22, 1999. 5. Commercial or industrial development except gas and telephone facilities, electric transmission and distribution facilities, emergency power stmetures, fire and police stations, emergency medical stations. 6. Transient residential such as hotels, motels, and bed and breakfast facilities. 7. Zoo, aquarium, botanical garden, or other similar uses. 8. Public and private schools. 9. Collection and tramfer sites for resource recovery. 10. Landfills. 11. Social and fraternal organizations. 12. Group care facilities. 13. Sports instructional schools and camps. 14. Asphaltic and concrete batch making plants. 15. Recreational vehicle parks. See. 2.2.3.1. Estates District Sec 2. 2.3. 4.3 Minimum yard requirements. 1. Frontyard. 75 feet, except in the case of: Ceonforming comer lots, in which eaae 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. 8 Words :~_.:ck ,t._:::~. are deleted, words underlined are added Non-conforming througl~ i.e. double frontage lots, legal nonconforming lots of record with double road frontage, which are nonconforming due to inadequate lot denth, in which case, the front yard along the local road portion shall be computed at the rate of fifteen percent of the depth of the lot, as measured from edge of the right-of-way. The non-conforming through 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. Front yards along the local road must be developed with structures having an average front yard with a variation of not more than six feet; no building thereafter erected shall project beyond the average line so established. 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 often percent of the width of the lot, not to exceed a maximum requirement of 30 feet. 3. Rearyard. 75 feet. Sec. 2.2.12. (C-l) 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 arc most compatible with, and located near, residential areas. Most C=I 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 basis of market support as opposed to office functions requiring inter-jurisdictional and 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 idcntifted 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). 9 Words g~.:r.k '~-.'~::~. are dcletcd, words undcrlincd arc added 6. Child day care services (8351). 7. Group care facilities (category I and II, 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 retirennent 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). 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 6531-6552). 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. Sec. 2.2.16. Industrial district (I). 2.2.16.1.1. Purpose and intent. The purpose and intent of the industrial district (1) is to provide lands for manufacturing, processing, storage and warehousing, wholesaling, and distribution. Service and commercial activities that are related to support manufacturing, processing, storage and warehousing, wholesaling, and distribution activities, as well as commercial uses relating to automotive repair and heavy equipment sales and repair are also permissible in the I district. The I district corresponds to and implements the industrial land use designation on the future land use map of the Collier County Growth Management Plan. 2.2.16.2. Permitted uses. The following uses, as identified within the Standard Industrial Classification Manual (1987), or as otherwise provided for within 10 Words :~::k -'-~---:=~. are deleted, words underlined are added this section, arc permitted as a right, or as uses accessory to permitted uses in thc industrial district (1). 2.2.16.2.1. Permitted uses. 1. Agricultural services (groups 0711, except that chemical treatment of soil for crops, fertilizer application for crops and lime spreading for crops shall be a minimum of 500 feet from a residential zoning district, 0721, except that aerial dusting and spraying, disease control for crops, spraying crops, dusting crops, and insect control for crops (with or without fertilizing) shall be a minimutn of S00 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 (group 7241). $. 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 re, ail 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). 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 o nly). 11 .... ~' '~' .... ~' deleted, words underlined are added Words ........ ~ are 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. 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 fimess facilities (group 7991). 35. Printing, publishing and allied industries (groups 2711--2796). 36. Railroad transportation (4011, 4013). 37. Real estate brokers and appraisers (6531 - 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) 40. Textile mill products (groups 2211--2221, 2241--2259, 2273--2289, 2297, 2298). 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--4783, 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). 12 Words :~.::~ *~"z::g~. are deleted, words underlined are added 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 SO0 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. Sec. 2.2.12. (C=I) 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 basis of market support as opposed to office functions requiring inter-jurisdictional and 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 II, 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. 13 Words a~-.:;?. *~c::gh are deleted, words ~nderlined are added 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). 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 6531-6541). 19. Schools (8211. ~ublic) 20. Shoe repair shops and shoeshine parlors (7251). 21. Security and commodity brokers, dealer, exchanges and services (groups 6211-6289). 22. Transportation services (4724), travel agencies only. 23. Any other commercial use or professional services which is comparable in ha.rare with the foregoing uses including those that exclusively serve the arlmini.qtmtive as opposed to the operational functions of a bnsiness~ 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-l) 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, except public schools, 8221.-8231), except regional libraries. 6. Homeless shelters, as defined by this Code. 14 Words ~ are deleted, words underlined are added 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 conunercial 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-l, 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; i. 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); j. 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). 10. Funeral service(7261 except crematories). ll. 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). 15 Words ~ '~ are deleted, words underlined ar~ added 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 nsc 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 nse 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. 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 oftbe 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 $611-5699). 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 ($812 except conlract feeding, dinner theaters, food service (institutional), industrial feeding). $. Food stores with 2,800 square feet or less of gross floor area in the principal structure (groups $411 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). 16 Words :,~,:ck '~.k.-:',:g.~ ar~ deleted, words underlined are added 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 $713--5719, 5731-- 5736). 12. Libraries (8231) 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). 14. Miscellaneous retail services with 1,800 square feet or less of gross floor area in the principal structure (5912, 5942--$961). 15. Paint, glass and wallpaper stores with 1,$00 square feet or less of gross floor area in the principal structure (5231). 16. Personal services wi'~u. !,°-.00 :q~:a.-~ ~ ..... ~ ....~ ~-~ ~ ....... :- *~'~ ~ (groups 7212, 7215, 7221--7251, no beauty or barber schools, 7291). 17. Schools (8211. rmblic). 19.__-1-8:. United States Postal Service (4311 except major distribution center). 20.-1~. Veterinary services (0742 excluding outside kenneling). 21.g0:. 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 thc 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 n~ighboring lands; b. The commercial uses in the development may be limited in hours of operation, size of delivery macks, and type of equipment; e. 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-2 district, together with the specific 17 Words ;~azk '~e;:~. are deleted, words underlined are added requirement that in no instance shall the residential uses exceed 50 percent of the gross floor area of thc building or the density pcrmitted 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; i. 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 sawice, 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). 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 18 Words ~ ~re deleted, words underlined are added 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 anctioneering 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 curing 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 sU'ucture (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. 19 Words ~ are deleted, words underlined are added 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 moms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths). 17. Museums and art galleries (8412) ~-t. ~allz';:.:: ~rAy. 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 s~'vices with 5,000 square feet or less of gross floor area in the principal structure (groups 7211, 7212, 7215, 7216 nonindustrial dry cleaning only, 722! 725!, 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. Schools (8211. vublic). R~.25.__: Veterinary services (groups 0742, 0752 excluding outside kenneling). L~.26._.~. Videotape rental with 5,000 square feet or less of gross floor area in the principal structure (7841). United States Postal Service (4311 except major distribution centers). Any use which was permissible under the prior GRC zoning district and which was lawfully existing prior to the adoption of this Code. 29.._~. Any of the foregoing uses that are subieet 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 cfa shovning 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). 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. 2O Words ~_~-,:'zk '~.k-:::~.~ ar~ dele~i, words ~ are added 3. Educational services (8221, $222) 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). 8g. 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 arc designed so that they are compatible with the commercial uses; d. Residential dwelling units arc 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; 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; 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, winimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular 21 Words =~a:k '~:=~- are deleted, words ~ are added accessways and parking areas from residential units, to the greatest extent possible. 10 9. Motion picture theaters, except drive-in (7832). 11 lO. 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 M-~. Permitted food service (eating places) uses with more than 6,000 square feet of gross floor area in the principal structure. 1._~3.-1-2. Pcmfitted use with less than 700 square feet gross floor area in the principal structure. 1.~4. -1-3. Soup kitchens, as defined by this Code. 15._~. ~ Vocational schools (8243--8299). 16..~. 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. 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. Thc purpose and intent ofthc 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 thc 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 thc 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. Thc 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 colnmercial 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). 22 Words s~ok-g~-gh are deleted, words tmderlined are added 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 that this shall not be construed to permit the activity of"tow-in parking lots"), and carwashes (group 7542), pwvided 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. 1. Front yard setback:. 50 feet. 2. Side yard setbaclc. 40 feet. 3. l~ear 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. Ail walls shall be protected by a barrier to prevent vehicles from contacting them. f. ~trchitecture. 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 ?:00 a.m. 6. Building materials, hardware and garden supplies (groups 5231--5261). 7. Business services (groups 7311--7352, 7359 except airplane, industrial track, portable toilet and oil field equipment renting and leasing, 7361--7397 7381, 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 23 Words ~'.::k .~.::~=~. are deleted, words underl/nexi are added extinguisher, flo~oration, folding and refolding, gas systems, bottle labeling, hquidation 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 senrice, 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 Irimming 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._.?,4. 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. 16.4--~. Health services (groups 8051--8059, 8062-8069, 8071--8072 and 8092- 8099). 17__:. ~ Hotels and motels (groups 7011,7021, 7041 when located within an activity center). 18._.~. 4-7. Marinas (4493, 4499 except canal operation, cargo salvaging, ship dismantling, lighterage, marine salvaging, marine wrecking, steamship leasing), subject to section 2.6.22. 19.-1-8. 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.~0. Motion picture theaters (7832). 22.~1~. Public or private parks and playgrounds. 23.~.. Personal services (groups 7215, 7217, 7219, 7261 except crematodes, 7291--7299). 24..~. Real estate (group 6512). 24 Words :-~-,::k '~--'~::~ are deleted, words underlined are added 25..~ Schools (8211. uublic). 26.25. Social services (groups 8322--8399, except for homeless shelters and soup kitchens). 27..__~. [Reserved.] 28.~7~. Vocational s~hools (groups 8243--8299). 2.2.15.3. Conditional uses for C-4. The following uses are permitted as conditional uses in the g~n~ral c, ommercial district (C-4), 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. Auctione~ring services, auction rooms (7389, 5999). 4. Automofve deal~xs and gasoline service stations (groups 5521, 5551, 5561, 5599 outdoor display permitted). 5. Automotive rental and leasing, outdoor display permitted (groups 7513, 7519). 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. 25 Word* ........ ~_ are deleted, words underlined are added Sec. 2.2.15 ½. Heavy commercial district (C-5). 2.2.15 ~ .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 dislxict permits heavy commercial services such as full-service automotive repair, and establishments primarily 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. Permitted vzes. 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 fight, or as uses accessory to permitted uses in the heavy commercial dis~iet (C-5). 2.2.15 ½.2.1. Permittedv~e~. 1. Unless otherwise provide for in this section, all permitted uses in the C4 general commercial district. 2. Auetioneering/auetion 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 yardz. (I) Front yard setbacic. 50 feet. (2) Side yard setbacic. 40 feet. (3) Rear yard setbacic. 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. cl. Lot size. Minimum 18,000 square feet. e. Fence requirements. If a carwash abuts a residential dis~-ict, 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. 26 Words sm~k=t~,~h are deleted, words underlined are f. ,4rchitecture. 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 1521-1 S42). 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 fi'eight transportation and warehousing (4225 mini- and self-storage warehousing only). 11. Fishing, hunting and trapping (groups 0912- 1 0919). 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). 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. Schools (8211. vublic). 21. Transportation services (groups 4724--4729). 2.2.15 ¼.3. Conditional use~for C-5. The following uses are pen,aissible as conditional uses in the heavy commercial district (C-S), subject to the standards and procedures established in division 2.7.4. 27 Words .--~.:~k '~-==;-~ are dcletcd, words underlined are added 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 loeational requirements of section 2.6.10.) 4. Child day care services (8351), provided: a. All areas and surfaces readily accessible to children shall be flee 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 beings. 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 leas 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 10M-12, effective March 11, 1986. i. 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). 28 Words ........ ~- are deleted, words underlined are added 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. I~osks. 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. 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 bc 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 devclopment 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 t~om thc strict application of setback, height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest, :c '.ha*. in order to: 1. Provide ~, _a more creative, economical approach r..ay ~: '~.-:=. to improve the quality of the built environment thc dcvc!cpr..=*, of contiguous tracts of land, which will and *.c encourage development of infill parcels of contiguous tracts of land in certain circumstances. 2. Create ~ _a more desirable environment providing for consistency and visual harmony real,' bc -'-cccmp~J*~h:d than that which would be possible through strict application of the minimum requirements of this code. 3. Encourage patterns of!and use that sure,oft more economical provisions of infrastructure Land m:y ~: u:~ mcrc resulting in smaller networks of utilities and streets with consequent lower construction and future maintenance costs. 4. Evaluate :t:_the 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 :r. zy 29 Words ~ are &lcted, words undeflin~cl ~re ~d&d relative to the various costs and benefits ~.at may ~z associated with such development. 5. Assure that :F_the 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 usc 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 ,~ 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 regulations. Ali applications for PUDs shall be in full compliance with the future land 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. Where the application, the PUD document and the PUD Master Plan shall specifically identify the LDC Section number, the specific 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 approval. 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 assigued a petition processing number. An application 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, for a period of six (6) months. An application deemed "closed" will not receive further processing nor will the applicant be notified of the closure. An application deemed "closed" may be re-opened by submitting a new application, repayment of all appli¢otion fees and be ~ranted a determination of"sufficiency". 2.2.20.2.-g.4 Unified control. All land included for purpose of development within the PUD district shall be owned or under the control of the applicant for such zoning designation, 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 3O Words r.~.:z~ ~r~.::~h are deleted, words underlined are added control of the entire area 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. ~.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; 5.3 .._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 ~.4.Bind his successors in title to any commitments made under section 2.2.20. 2.2.20.2.-4.~ 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. 2.2.20.2.-5.6 Development planning - External relationships. Development within a PUD district shall be compatible with established or planned uses of surrounding neighborhoods and property. The PUD shall provide 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 buffeting 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 pwtect 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 31 Words ~--~.::k *~.~.-.~::~ are deleted, words underlined are added grouping of structures, uses and facilities, and for appropriate relation of space inside and outside buildings to intended uses and s~ructural 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 clement of thc 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. Thc 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. 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. 2.2.20.3.2 Multifamily entry level rental housing areas. This area is intended to apply to an area of entry level multifamily residential rental units having a mid-rise profile silhouette and generally surrounded by low profile structures and open space and so situated that it is well-served by public 32 Words sa~i~ros~ are deiced, words ~ are added and commercial services and has direct and convenient access to thoroughfares and collector streets. Multifarnily entry level rental housing regulations shall not be used in conjunction with affordable housing density bonus regulations. 1. Permitted uses and structures. 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 the following: a. Multifamily rental dwelling units. 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. Minimum lot area requirement. Five acres. 4. Minimum lot width. 150 feet as measured at the front yard buiding line setback. $. M'mimum yard requirements. a. Depth offront yard: 30 feet plus one foot for each two feet of building height over 30 feet. b. Depth of side yard: 15 feet plus one foot for each two feet of building height over 30 feet. c. Depth of rear yard: 30 feet plus one foot for each two feet of building height over 30 feet. d. If there is a separation between any two principal structures on the same parcel, said separation shall be a minimum of 15 feet or a distance equal to one-half the sum of their heights, whichever is the greater. 7. Minimum and maximum floor area of principal structures. b. E~ciency apartments. (1) Minimum floor area: 450 square feet. (2) Maximum floor area: 525 square feet. c. One-bedroom apartment. (1) Minimum floor area: 450 square feet. (2) Maximum floor area 650 square feet. tment. (1) Minimum floor area: 650 square feet. (2) Maximum floor area: 900 square feet. d. Three-bedroom apartment. 33 Words :~.::k '?..:~.'.:~- are clel~'xd, words ~ a~e added (1) Minimum floor area: 900 square feet. (2) Maximum floor area: 1,050 square feet. 8. Maximum height of structures. a. Three living floors. 9. Landscaping. As required in division 2.4. 10. Minimum off-street parking. a. Ejflciency apartments: Two spaces per dwelling unit. b. One bedroom: Two spaces per dwelling unit. c. Two bedrooms or more: Two spaces per dwelling unit. 2.2.20.3.3. Minimum dimensional standards within a PUD. Except as provided for within thc 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 thc zoning district to which it most closely resembles in type, density, and intensity of nsc. Where there is uncertainty, thc 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 thc boundaries of thc property. 3. The nsc(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 d~wings, site plans, floor plans elevations, and perspectives which shall ~hically demonstrate the proposed reduction in dimensional standards for all proposed land use types and thei~ accessory uses within the PUD shall also be required to 34 Words ~ are deleted, words ~ are added 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. 2.2.20.3.40ff-streetparking 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 districts 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 ofu.sable 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 Water and Sewer District or other agency or dependent district of Collier County Government. 35 Words stmek-~ are deleted, words underlincd ere added 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 da~s 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 ofrezoning 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 establisbed to own and maintain common open space or common facilities, or any successor organization, shall at any time after the establishment of the PUD fall to meet conditions in accordance with the adopted PUD master plan of development, the development services director may serve written 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 36 in a manner likely to significantly increase either wind or water erosion within or adjacent to the PUD district is prohibited. 2.2.20.3.10Utilities. 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. 2.2.20.3.1 l 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. 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 e~mo~m~, except that the interconnection 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.$. 2.2.20.4 PUD districts: Shall hereafter be defined by the following districts: 2,2.20.4.1 Residential planned unit development district (RPUD). This district is intended to further the general purpose 0fnlanned unit develovment set forth in Section 2.2.20 as it relates to residential areas. The princit~al use of any residential planned development is for human habitation in permanent and/or seasonal year-round dwelling units. The RPUD district allows limited non-residential uses for the convenience of the residents and the welfare of the public. 2.2.20.4.2 Comrnanit~ facilities planned unit development district (CFPUD). This district is intended to accommodate governmental~ religions and comrmmlty service activities which complement and are necessary to other zoning districts. 2.2.20.4.3 Commercial planned unit development district (CPUD). This district is intended to accommodate commercial developments~ which are generally the retail sale and distribution of consumer goods and services~ the provision of standard office space for various purposes~ including the delivery of professional services (including non-inpatient health care 37 Words ~,:~k '~e~. are deleted, words lmderlined are added facilities~, financial services or the administration of businesses and general business purposes. Ancillary 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 and selected light industrial uses. 2.2.20.4.4 I~_dustrial planned unit development district (IPUD) 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. 2.2.20.3.4.4. H4 Special requirements for industrial planned unit developrnent& 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 transitional, therefore, requiring uses along the 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 stricture, 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. Perrnitted principal uses and structures. a. Corporate headquarters. b. Laboratories. ¢. Light manufacturing, processing and packaging. d. Medical laboratories, clinics, treatment facilities and research and rehabilitative centers. e. Printing, lithographing and publishing. f. Technological research, design and product development. 2. Permitted accessory uses and ~tructure& a. Accessory uses and structures customarily associated with the uses permitted in this district. b. Recreational facilities such as a health spa, handball ¢ourt.q golf-oozingS, or other similar recreational activities. c. Restaurants, or offices available for use by the public or by employees ofbusines~s located within the permitted and d. Childcare centers. e. Wholesale and storage as acce~ory to the principal usc. f. Retail sales and/or diaplay area~ as accessory to the principal use, not to exceaxi and area greater than ten percent of thc gross floor area of the permitted principal stricture. Word~ ~ ~r~ d~l~ted, word~ underlined ~r~ ~d~d 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 infili parcels in this Code and the growth management plan and is compatible with surrounding land uses. b. Minimum lot area. One acre. (1) Research and technoloav uark vlanned unit development district (RTPPUD] minimum lot area 20,000 ~uare feet. Minimum lot width. 150 feet. (1) Research and technology park planned unit development district (RTPPUD] minimum lot width 100 fee_At. (2) Lots abutting arterial or collector roads shall have a minimum frontage width of 250 feet. ¢. Minimum yard requirements. (1) Frontyard: 50 feet. Research and technology park planned unit development district (TRPPUD) front yard 25 feet. (2) $ideyard: 20 feet, except when abutting residentially zoned property then 50 feet. Research and technology l~ark planned unit development district (RTPPUD] side yard 15 feet. exeent when abuttin~ residentially zoned prouertv then 25 feet. (3) Rearyard: 50 feet. Research and technology park planned unit development district (RTPPUD] rear yard 15 feet. (4) Research and technology park vlanned unit development district (RTPPUD) Minimum yard requirement from any residentially zoned or uses property 25 feet. d. Maximum height of structures. 65 feet, except when abutting residentially property then 35 feet. e. Landscape buffer areas. As required in division 2.4. f. Fence requirements. When required, a fence shall be of masonry, wood, concrete block, or decorative iron or steel. g, [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. h. Usable open space requirements. 30 percent of the gross PUD area. i. [Performance standards.] Environmental controls, soundproofing, lighting and emission controls shall be required 39 Words ........ ~.. are delemi, words underl/n~d are added to mitigate impacts of the development on surrounding residential property. 2.2.20.4.5 Airport operations planned unit development district (AOPUD) Tiffs district is intended to accommodate and regulate those lands where public airports and ancillary facilities are conducted. 2.2.20.4.6 Mixed use planned unit development district (MPUD) This district is intended to accommodate a planned unit development with a mixture of uses in accordance as set forth in this Section 2.2.20.2.2.1 and the growth management plan to reduce the number of vehicular trips on the county's arterial and collector read network. 2.2.20~-3.4.6.1 .-1-4 Special requirements for mixed use planned unit developments containing commercial component. When a residential mixed 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 thc 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. Of Dwelling Units Maximum size ofNei[,~hborhood Villa[~e Center (Acres) 250 throu~h 400 1.5 401 throu~h 550 2.5 551 throui~a 700 3.5 701 throug~h 850 4.5 851 threu~h 1,00O 5.5 1,001 throu~rh 1,150 6.75 1,151 throu~;h 1,300 8 1,301 through 1,450 9.5 1,451 through 1,700 11 1,701 throul/h 1,850 12.5 1,851 throu~h 2,000 14 2,001+ 15 2. Maximum floor area ratio: 0.25 for the commercial component 3. Permitted uses: 1. Commercial uses. Major Categor~ Specific uses: ic Groups 6021-6029 Commercial banks - Drive-through facilities are prohibited. b. Group 6531 Real estate agents and managers for property within PUD only. e. Group 5251 Hardware store only- 2,500 sq. ft. maximum floor area. d. Group 5331 Variety stores - 2,50O 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. 40 Words :~.:zk '~:=gh are deleted, words underlined are added Major Category Specific uses: 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, except truck stops. 1. Groups 5611 - 5661 Apparel and accessory stores - 2,500 sq. ft. maximum floor area. m. Group 5735 Record and prerecorded tape 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 ,iquor 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 Di~per service, and garment alteration and re?air 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 fimess 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. 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. 4. 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 the property that comprises the neighborhood village center. 5. Location criteria and functional operation. The following locational criteria and functional operating characteristics shall characterize the neighborhood village center: 41 Words ~W-zk *~--.-cu~. are deleted, words underlined are added 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 $0 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 divisious 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 signsge 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 arc 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 constriction has commenced on at least 30 percent of the residential dwelling units in the PUD. 2.2.20.4.7 Research and technolog~ park planned unit development dist~ct (RTPPUD) 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 indust~ and non-industrial uses, in accordance as set forth in this Section 2.2.20.2.2.1 and the ~owth management 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 management plan. 4. T~pe C - Research and technology park in the urban industrial district of the growth management plan. 42 Words :~.::k ~_.-a::g~ are deleted, words underlined are added 5. At a fffinimum~ 60% of thc 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% 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 Permitted uses. The uses listed in section 2.2.20.3.13. vertainin~ to use regulations for planned unit development districts, may be permitted in the indicated districts when consistent with the goals, objectives and policies of the growth management plan and the land development code. Uses that are not specifically listed in section .2.2.20.3.13 may also be permitted if in the opinion of the director, they arc substantially similar to a listed permitted use. 2.2.20.5.1 Use regulations table. Use regulations for planned development districts are as follows: TABLE 2.2.20.5,1 USE REGULATIONS FOR PLANNED UNIT DEVELOPMENT DISTRICTS LEGEND: (-) NOT PERMITED, (P) PERMITTED, (CU3 CONDITIONAL USE (T) TARGET INDUSTRY [RTPPUD ONLYI. (NT) NON-TARGET INDUSTRY [RTPPUD ONLY~ Special Notes RPU CFPU CPU IPU AOPU MP RTPP D D D D D LID UD Identified use Regula tion P Accessory uses and §2.6 P P P P P P structures §2.6.1 p _ . p - Accessory apartment 4 Accounting 8721, . p _ p 7521,7231,7241 Administrative offices P (1) P P P P P P (2) Aircraft & Pans 3721- 3728 P P T Aviation/Aerospace Industries Amateur radio towers §2.2.2 Up to 75 feet in height 3 P P - P - 75 feet and higher §2.6.3 CU p - CU 5 Agricultural services: office/base - P - P ' Operations Agricultural uses and agricultural - - P - P Accessory uses Aircraft food services - P P and caterinl~ Aircraft landing §2.2.2. p p p p p p facilities, private 3 Airport operations - P - - facilities Amusement park 7911- ~2.2.1 - P ' 43 Words nL-~:k '~--.':~- are deleted, words ~ are added Special Notes RPU CFPU CPU IPU AOPU MP RTPP Identified use D D D D D LtD UD Regula tion 7999 5.3 Animals: Clinic or kennel P P - P Control center (including P P - P Humane Society) Apparel 5611-5699 P - P Assisted living facility P P P - P ATM (automatic teller P P P P P machine) Auctioneering 7389- P P - P 5999 Auto parts store P P Auto & Home Supply P P 5531 Automobile Dealers P P 5511-5599 Automobile Parking P P P 7521 Automobile service §2.6.2 P P P P NT station 8 Auto repair and service - P P P all ~roups Bait and tackle shop P (1) - P P P Banks and financial establishments NT p - p P P P Group I 6011 - 6062 . . p p NT Group II 6081 - 6173 Bar or cocktail lonn~c - P P P - Barber Shops 7241 - P - P NT Beauty Shops 7231 - P - P NT Bed and Breakfast P P - P Boardin$ house P P - P Boats: Boat parts store §2.6.1 - P P - P NT Boat ramps and 2 P P P P ' P dockage (not marinas) §2.6.2 Boat rental P P - P 1 Boat repair and service §2.6.2 P P - P NT Boat sales P - P 2 Boat storage, dry P P Boatyard P P Broadcast studio, commercial radio P P P T and television Building material sales p p p 5211-5261 Business services 7311 - P (1) P P P NT 7352, 7359-7389 Bus station/depot P P P P - Cable and other pay P P P T television services 4841 Campin~ cabins P - Call Center and Customer Support P P T Activities Words ~-~:'-,::k *~---:::~. are deleted, words underlined are added Special Notes RPU CFPU CPU IPU AOPU MP RTPP Identified use Or D D D D D LID UD Regula tion Caretaker's residence §2.6.1 6 P P P P Car wash P P NT Cemetery, columbarium, mausoleum P P CD-ROM development P P P P T Churches p p _ p Cleaning and maintenance sen~ices P P ' P Clothing stores, seneral P - P NT §2.2.2. Clubs: 3 Country §2.2.8. Commercial 3 P P ' P Fraternal, membership §2.2.9. P ' P organization 3 P P ' P P CU P - P Private §2.2.1 4.2.1 Cluster development §2.6.2 7 CU CU CU CU - CU Cold storage, pre- cooling, warehouse p . p and processing plant Commercial fishery p - p Commercial use of beachfront seaward of the coastal - construction control line Communication groups T 4812-4841 P P P Communication towers: §2.2.1 75 feet or less in height 5.3 p p p p p p More than 75 feet in § CU CU CU CU CU C-NJ height 2.6.35 Community residential home P P ' P Computer and data processing services, Computer related P P - P T services, not elsewhere classified Conslruction Special Trades P P - p 1711-1793, 1796, 1799 Consumption on NT premises P P P P P Continuin$ care facilities P P - P Convenience food and NT P(1) P P - P beverage store Correctional facility P P Cultural facilities P P - P Day care center, adult P (1) P P CU CU CU P/NT & child services Data and Information T processing P P P ' P Department store P - P 45 Words :~,::.~ -+--'~::~. are deleted, words underlined are added Sp~ial Notes RPU CFPU CPU ]PU AOPU MP RTPP Identified use Regula D D D D D UD UD tion Development testing and related manufacturin~ P P T Drive-through facility for any P (1) P P - p p Perm/tted use Drugs, Medicine 2833- T 2836 P P Drugstore, pharmacy P (1) p _ p NT 5912 Dwelling unit: Single-family, duplex p _ p Two-family attached p _ p p Town_house, multiple- p p . p p family building P Mobile home ' P P - p Zero lot line Educational Services P P - p 8221-8249, 8299 Educational, scientific and research P P P T organizations Engineering 0781, 8711- p p NT 8713, 8748 Entrance gates and P P P P P P gatchouse Emergency medic, al s(~cice P P P P P P (Ambulance station) Emergency operations p p p p p center Essential services §2.6.9 P P P P P P Essential service §2.6.9 p p p p p p - facilities Excavation: Mining §2.2.2. - - - P P - Water retention 3 P P P P P P - Oil or gas - P P P - Export based laboratory research or testing - P P - P T activities Factory outlets (point . p p . p of manufacture only) Farm equipment sales, storage, - P P - P rental or service Farm labor housing P - P Feed or fertilizer, mixing . p _ p and sales §2.6.1 p p p p p p P Fences, walls 1 Fire station P P P P P P Fish house, wholesale - - P Fishing piers P - P Flea market: Open - P P - P Indoor - P - P 46 Words :~.:':k '~--.-c::~. are deleted, words underlined are added Special Notes RPU CFPU CPU IPU AOPU MP RTPP Identified use D D D D D LID UD Regula tion Food and beverage P (1) p . p NT service, limited Food stores 5411-5499 P (1) P - P NT Forestry tower P P P Fratemity CU P P CU house/dormitory Freight and cargo p p p p handling establishments Funeral home and mortuary p p p (With or without a crematory) Furniture Stores 5712- . _ ? - 5736 Gasoline dispensing . . p p p p bit system, special General Merchandise NT - p - p 5331-5399 General Contractors p p p p NT 1521-1542 Gift and souvenir shop P - P NT Glass & Glazing 1793 P P - P Group Care Facilities P P - P Golf course P P - P Golf driving range P CU P - P Government p p p p p maintenance facility Hardware store 52S1 P (1) P P NT Hatcheries, poultry - P P Health care facilities: 8011 - 8049 P P P P P NT 8051 - 8099 P P P P P NT Health Technologies P P P T Heliport or helistop P P P P P P Hobby, toy and game P (1) . p . p NT shops Home care facility P - P - P §2.6.2 p _ p . p Home eccupation 0 Hospice P P P - - P Hotel/motel: 7011, 7021, _ . p p p p NT 7041 Household and office - ? furnishings Housing units for §2.6.2 p p p P employees only 5 Insurance companies p P NT 6311-6399, 6411 Information p p p T Technologies Laboratories 5047, 5048, 5049, 8071, 8731, P P P T 8734 Laundry or dry cleaning p p P NT Lawn and garden supply p p - stores 47 Words :~-'-c~ '~.~'m:g~. are deleted, words underlined are Identified use Legal Offices 8111 ~ 8231 48 Words .~__-:~ '~_..=-_'~. are deleted, words underlined Identified use Management 8741-8743, 8748 Marina 4493, 4499 Medical office Medical Laboratory 8071,8072, 8092, 8093 Membership Mobile home dealers Models: Display center Model Home Model Unit Motion picturc production studio 7812- 7819 Motor Freight & Transportation 4225 Multimedia activities Multislip docking Museums & Art Galleries 8412 Clubs Noustore retailers Lawn& Garden 5261 Parcel and express services ~' store Paint, glass and Parks Park trailers Parking lot: Acccssory Commercial Garage, public parking Personal services 7211- 7299 Pet services Photo finishing labomtor~ 49 Words :~-':k *~.h:c::~. are deleted, words undefl/ned ~ added Special Notes RPU CFPU CPU IPU AOPU MP RTPP Identified use Regula D D D D D UD UD tion Photographic Studios NT 7221 P - P Physical Fitness 7991 P - P NT Place of worship P P P p p p . Plant nursery P - p . Play Ground P P P P p p p Police or sheriff's station P P P p p - Post office 4311 P P P - p - Printing and publishing T 2752 P P ' P Prison P - - Processing or packaging of Agricultural or fish P ' P products Processing and warehousing P P P P Production facilities and operations/technology P P - P T based Professional Office P P P P NT Public Administration 9111-9661 P P P P Racetracks P Real estate sales office p p 6531-6541 Recreational facilities: Commercial - P P Private - on site P - P P P Private - off site CU - P P P Recreational vehicles - - CU Recycling facility P P P P Religious facilities P P P P P Rental or leasing establishment: 7021, 7999, 8231 P (1) - P P P P All others P (1) - P P P P Repair shops: 7219, 7629, 7641, 7699 P (1) P P P - All others - p CU CU - Retail services 5912, _ p . p _ 5942-5961, 5992-5999 Retail - Miscellaneous - 5912-9999 P - P Research, development laboratories & See Technology Parks: Note P (1) P P P P P 8071, 8731, 8734 (3) _ p p p p P All others Residential p p p . p P Development Residential accessory p p . _ p NT Restaurant, fast food - p - P P NT Restaurants 5812-5813 p p p p P P NT Retail and wholesale - P P - P 50 Words :~-':k u"c:~- are deleted, words underlined are added Special Notes RPU CFPU CPU IPU AOPU MP RTPP Identified use D D D D D UD UD Regula tion sales, when clearly incidental and subordinate to a permitted principal use on the same premises Roomin[/house P - P - P - Salvage and disposal of materials, including auto junkyards, refuse - P disposal and processing plants, incinerators, landfills and s/milar uses Sanitary landfill P P - Schools: P P - P Commercial 8243-8299 P P P P NT Schools: Noncommercial P P P P Public 8211 P P P P Colleges 8221, 8222 P P P Security & Commodity Brokers P - P NT 6211-6289 Self-service fuel pumps P (1) - P P P NT Shoe Repair 7251 - - P - P Signs in accordance with §2.$ p p p p p p P Div. 2.5 Signs Social services P P P - P Specialty retail shops P (1) P P P P Stable: Boarding §2.2.2. P P Commercial 2.1 P P Private P P Storage: Indoor only P P P P P P P Storage, open P P P P P - Large-scale storage, - - P P - - noxious or hazardous §2.2.1 materials (flammable, 5½.6 toxic, explosive, corrosive, etc), including liquid petroleum, fractions and distillates thereof, and fuel Studios p - P NT Temporary uses P P P - P Telephone p P P T communications 4813 Tents, transient parks p only Theater: Indoor P - P ' O, tdoor (drive-in) CU CU - Transportation sendces P P P P Travel A~enc¥ 4724 p - p P NT Truck stop, trucking . p p _ p terminal 51 Words ........ .... ~' '~' .... ~.~' are deleted, words undated are added Sp~ial Notes RPU CFPU CPU IPU AOPU MP RTPP Identified use Or D D D D D UD UD Regula tion Used merchandise stores P P Variety store P (1) P p Vehicle and equipment dealers P P P Veterinary 0742 p p Video Rental 7841 p _ p Vocational Schools 8243-8299 P P P P Warehouse: Mini-warehouse, 4225 p p . p Private p p p p Public p p p p Cold storage only p p p Wholesale establishments P P - P Wrecking yard: Auto p _ Other p . Notes: (1) Subject to limitations for commercial uses set forth in section 2.2.13. (2) Accessory uses only (3) Subiect to CPA 2001-5 of the Growth Management plan. 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 (PT) 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 and other uses 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 52 Words :-~.:':k a"~ug~ are deleted, words underlined are added 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 movcment between the Gulf of Mexico and the Vanderbilt Lagoon. 2.2.36.2 Duration. For a period not to exceed c::: ~,~ :,-:ar eighteen months, f~om ~-~ ~ .... ~ ....... ~ January 9, 2002, the issuance of any development orders for certain land uses as s~t forth in subsection 2.2.36.4 of this code is prohibited. 2.2.36.3 Geographic scope of the Fanderbilt Beach residential tourist zoning d~trict area assessment. The geographic scope of the assessment area shall be as follows: All lands designated residential tourist (RT) in the Vanderbilt Beach ar~ 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 mad. 2.2.36.4 Prohibited u~e~. The issuance of any development order that would allow the following us~ is hereby prohibited for a maximum cr~c )'c~r eighteen-month period 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. 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 s~vice 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 c~re facilities (category I and Il); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. $8A-5, F.A.C.; and continuing 53 Words o-~-.::k '~--.-:::~. are deleted, words l~derlined are added 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 ~f 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. 3.2.36.5 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. 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). Words ........ ~. are deleted, words underlined are added Map No. 2.23.5-1 2.6.9. Essential Services. Essential services nrc hereby defined ns services desi/ned 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 55 Words :-'".:ok '~.h.-:=~. are dele~d, words ~erlined are added 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 transmission and distribution lines, substations, emergency power structures, sewage lift stations, 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, - ..... :.~_+:~1 ~.~ ..... :A_ ~:1:,:~ libraries, museums, neighborhood parks, and recreational service facilities; d. in residentially zoned districts the following governmental facili~: neighborhood parks. 2.6.9.2. 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 U'eatment plants, governmental facilities, except as otherwise specified by Sec. 2.6.9.1; b. in residential, agricultural and estate zoned districts: :×e~--z. ID~gee~n6~O~- 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. (Omitted from previously approved ordinance 02-31) Sec. 2.6.15. Solid waste disposal 56 Words :~.::k~m.-eu-_~' arc deleted, words underlined arc addcd Worda :m::~ ~=g~ ~re deleted, words u~derlined ~re added c. In the case ofa commemial use bulk solid waste disposal containers (dumpsters) shall be used unless an alternative methodology for solid waste pick-up is approved by the Collier County Solid Waste Department and the waste hauler. Sec. 2.6.15. Solid waste disposal Pursuant to Ordinance No. 90-30, as amended, solid waste disposal shall be required in the form of bulk container service (l~arba~e dumpsters and/or compactors) and recyclablc containers, for all commercial and industrial establishments, unless an alternative method of waste disposal is approved by the Collier County Solid Waste Department and the waste hauler. Similar service shall be required for all multi-family developments consisting of 10 or more dwelling unitsl however, curbside (individual) pickup for owner-occupied multi-family developments may be substituted for dumpsters or compactors with certain restrictions. Multi-family rental units must provide dumpsters or compactors. Curbside pickup shall be required for all single-family, duplex, two-family dwellings, and multi-family developments with less than 10 dwelling units. Solid waste bulk containers (dumpsters), compactors, and recyclable containers shall be permitted in all zoning districts. 2.6.15.1. Trash container location requirements. All trash or recycle receptacles shall be located so as to be easily accessible to the residents and the solid waste hnnler. Dumpsters and recyelable containers and their enclosures may be located within a required yard provided that they do not encroach into a required landscape area and that there is no blockage of view of motorists or pedestrians that would constitute a safety hazard. For multi-family residential developments having more than one structure, no dumpster or recyclable container .~hall be located more than 200 feet from the structure that it is intended to serve. For commercial and industrial developments, trash containers shall comply with the provisions of Division 2.8 where applicable. 58 Words :Wg:k *~-'~::gh are deleted, words underlined are added 2.6.15.2. Access to trash containers. The access approach to the container should be sufficient to accommodate a vehicle requiring a minimum clear width of 10 feet and a minimum clear turning radius of 50 feet when directly accessing a public street. Containers and enclosures shall be placed such that the accessing vehicles are not required to maneuver in the adjacent travel lanes of any street. When backing maneuvers are required to permit the vehicle to exit from the container, provision shall be made to provide an apron at least 10 feet wide and 60 feet in length adjacent to the container. 2.6.15.3. Container quantities. Each multi-family residential development not receiving curbside pickup must provide at least 1 (one) standard (8 cubic yard) dumpster for every 15 or fewer dwelling units~ or 1 standard dumpster for every 3 buildings~ whichever is greater, and at least 2 (two) 96-gallon recyclable containers for every 15 or fewer dwelling units. Each commercial or industrial development must provide at least one dumpster and one enclosure accommodating at least one recyclable container. 2.6.15.4. Enclosure dimensions. Enclosures for dumpsters shall have minimum internal dimensions of 12 X 12 feet for each standard dumpster contained inside. If equipped with gates, the clear opening dimension shall be a w]nimum of 12 feet, and the gates must be provided with a device to hold them open. Enclosures for recyclable containers shall have minimum internal dimensions of 4 X 6 feet for the first container and an additional 3 X 6 feet for each additional container. If equipped with gates~ the clear opening dimension shall be a minimum of 8 feet~ and the gates must be equipped with a device to hold them open. Combined enclosures for both types of containers may be provided~ so long as the types are separated by a wall or bulkhead made of substantial material comparable to that of the enclosure, and with height and depth equal to that of the enclosure. 2.6.15.5. Container screening. Except as noted below, all containers shall be screened on at least three sides from view of adjacent property owners and from adjacent streets on the first-floor level. This screening shall not be subiect to height limitations for fences~ provided that the vision of motorists on adjacent streets ~ain.~ unobstructed. Screening may be exempted 1) in I (Industrial) zoning, so long as the containers are located more than 200 feet from residentially zoned or used property, and are not located within front yards; 2] in A (Rural Agricultural) zonin.o, in conjunction with a bona fide agricultural use: and 3] during construction in all zonln~ districts. Screening material shall consist of wood fence, concrete block and stucco wall, brick wall, masonry wall, or walls of similar material. The screening shall comply with the provisions of Division 2.8 where applicable. 2.6.15.6. Compactors. Multi-family developments may substitute trash compactors for dumpsters or curbside pickup to dispose of non-recvclable material with the following restrictions: for individually owned multi-family units (condomini~mg), compactor service may only be implemented by the developer prior to the sale of the first unit (subsequent to that time. a chanze from curbside or dumpster service to compactor service may only be achieved throuv, h a majority vote by the homeowners' association); for multi-family develooments (rental units) containing more than one structure, the property owner may implement compactor service at any time~ so long as the compactor has the capacity to accept an item of furniture having dimensions of up to 3 X 12 feet. 2.6.15.7. Curbsidepickup. The plannin~ Director, or the Director's desi~ee, may approve curbside pickup in lieu of dumpsters or compactors for individually-owned multi-family developments provided that the following criteria are met. Multi-family rental units must provide dumpsters or comoactors. Condominium developments may substitute curbside pickup for dumpsters or compactors so long as satisfactory documentation is presented to the ~ollier County Solid Waste Department that 1) the subject condominium association has voted in the majoriW to eliminate the use of dum?sters or compactors in favor of curbside pickup for all or part of the development, 2) there is adequate access to facilitate curbside pickup, and 3) all individual units have an enclosed location other than the residential structure, such as a carport or garage, for the stora£e of individual solid waste containers. 59 Words ~.::k .~r:~. are deleted, words underlined are added (Ord. No. 92-73. ~ 2: Ord. No. 94-58, § 3, 10-21-94~ Ord. No. 98-63, § 3.D, 6-24-98~ Ord. No. 00-92, § 3.D., 12-13-00) Code reference-Solid waste, ch. 118. 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 ifa 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. Ifa 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, a polling place may be required by the board to be provided in any conununity 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 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 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, condomim'um 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. See 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. 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 minimum, of the following elements: Words ........ e~- are deleted, words underlined are added 2.7.3.1.1. PUD master plan. The PUD master plan shall include the following information ".c~2::: ~:::..-:..::.:ff. '.c. b: ~-~'~::cz:a-'3' to graphically illustrate the development strategy (The CommunitF Character Plan For Collier CountF, Florida (April 2001) should be referenced as a guide for development and redevelopment in the PUD district.): 1. 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 within 1,500 feet, 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; zz:a'a'r-zrz:,~.; industrial; institutional; conservation/preservation; lakes and/or other water management facilities; common open space; tvoes of buffers with a cross section for each buffer type showing all elements; 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 tracts shall have accompanying legal descriptions; 5. Identification of all proposed and permitted land uses pursuant to § 2.2.20.5.1 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 ease of commercial, industrial, institutional or office, the acreage and maximum gross leaseable floor area and proposed building footprint/heiSt within the individual tracts or increments. Provide descriptions of the relafionnhip of the proposed land uses within the PUD to each other and to land uses abutting/surrounding the nroiect: 6. The location and size (as appropriate) of all existing drainage, water, sewer, and other utility provisions; 7. The location of all proposed arteri~ r...ajer internal thoroughfares and pedestrian access ways, including interconnectin~ roadways within the PUD as well as with abuttin~ uses; 8. Typical cross sections of all major, collector, and local streets, public or private, within the ~re~e:e~ PUD, including proposed vehicular imtress and e~ress ~oints; 9. The location of proposed and existing roads, rights-of-way, and pedestrian systems within 1,500 ~4}9 feet of the proposed PUD; 10. The overall acreage and proposed gross density for the PUD; I 1. Provide information on historic and recent ~.~:.- uses of land. 2.7.3.1.2. Supporting data. Applicant shall submit t~lata supporting and describing the application for rezoning to PUD in the form of a PUD document which shall consist of the following unless determined to be unnecessary to describe the development strategy: 1. Title page to include name of project; 61 Words o~'a:~- '~.~-:~:~. are deleted, words underlined are added 2. Indcx/tablc of contents; 3. List of exhibits; 4. Statement of compliance with all elements of the growth management plan; 5. General location map 24"X36"drawn to scale, illustrating north point and shz;;~..':g 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 and legal description; 9. Proposed and permitted land uses pursuant to § 2.2.20.5.1 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 zoning district that most closely resembles the development strategy, particularly thc type, density and intensity, of each proposed land use. AIl proposed variations or deviations from dimensional standards of the most similar zoning district shall be clearly identified. Written justification must be included for any deviations from LDC standards which shall be loc. at_ed, noted and described within the master plan document and i!!u.qtrated on the ma.qter plan map. No deviations from the fire code will be pennitted; I 1. The proposed timing for location of, and sequence of phasing or incremental development within the PUD; 12. The proposed location of all ~.~= 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 DeparUnent 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 thc county, otherwise, a scale of at least one inch equal to 400 feet is acceptable. Information obtained by ground-trothing survcys 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. Bnviromnental impact analysis pursuant to applicablc 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 ct.h= existing public facilities, such as schools, parks;, and fire stations that will service thc PUD; ~_nd 17. A plan for the provision of all needed utilities to serve ......... the PUD; including (as appropriate) water supply, sanitary sewer collection 62 Words 0~-;:k '~--"==;~ are deleted, words ~ are added and treatment system, storm water collection and management system, pursuant to related county rcEulations and ordinances; 18. Traffic impact analysis; 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, ~c/r relationship to open space, recreation facilities, or Waffic impacts, or to assess requests for reductions in dimensional standards, the development services director may request schematic architectural drawings (floor plans, elevations, perspectives) for all proposed structures and improvements, as appropriate. 2.7.3.1.3. Deviations frora thc rcq~i.-cd master plan elements required in section 2. 7.3.1.2. The development services 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. AIl 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 rezonlng 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 development services 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 pre, application conference should address, but not be limited to, such matters as: 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 buffeting and screening requirements. Words o~',::k '~:::~. are deleted, words underlined are added 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. Preheating conference..~y appl~ca'J~.:, e ....... :-- '.e. m rr~, 'A~A,~. d~rzc.:~.r. Preheating conferences may be held between the applicant and/or his representatives and officials or representatives of the county prior to advertisement of the hearing date. The purpose of such preheating 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.?.3.2.3. Staff review and recommendation. Based upon i4s evaluation of the factors set forth above, the ~pFr~p~at= county staff shall prepare a report containing their review findings, and a recommendation of approval or denial. 2.7.3.2.4. Hearing before the planning commission. Public notice shall be given and a public hearing held before thc 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 preheating 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 ~'~y 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 §oais, 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 requirement. Words ~-' ..... ~. ~ deleted, words und~ m'e added 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 jnstified 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, 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 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 ?UD rezoning. 2.7.3.3. Effect of planned unit development zoning. If approved by the county board of commissioners, the master plan for development 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 dislxict 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 PUD master plans. 1_. In the event that a PUD master plan is given approvalr prior to October 24. 2001, and [fcr :~ c.~rc.'.'c.~. ::.~: :c c'.~:'.cc:~ the landowner(s) shall: 1. Fail to obtain approval for improvement plans or a development order for all infrastructure improvements to include utilities, roads and similar impwvements 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 2. Fail to 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 Wtal approved gross leasable floor area w/thin the PUD every six years from the date of approval by the board of county commissioners. 65 Words :~.:ck ~c::g~ are deleted, words underlined are added In the event that a PUD master plan is given approval qfter October 24, 2001: 1. For residential portions of PUDs, the owner entity shall [fail to] initiate physical development of infrastructure improvements, including access macks, internal marls, 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 infxastmctnre shall be completed every year thereafter until PUD buildout. 2. For the nonresidential portions of PUDs and commercial and indusixial PUDs the owner entity shall [fail to] initiate physical development ora minimum of 15 percent of anthorized 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 buiidable area and floor area. Thereafter the PUD shall be exempt fi'om these sunset provisions. 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. 3_. The owner entity shall submit to the development services director a status report on the progress of development annually from the date of the PUD approval by the board of county commissioners. The singular propose of the report will be to evaluate whether or not the project has commenced in earnest in accordance with the criteria set forth above. PUDs approved prior to October 24, 2001 remain subject to the PUD five-year sunset provision. Amendments made thereafter shall be subject to the three-year provision. PUDs and PUD amendments made thereafter shall be subject to the three-year sunset provision. 4_. If in the event of a moratorium or other action of govenunent 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. Should the development services director determine that the 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. Should the development services director determine that the development has not commenced in earnest, then upon review and consideration of 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. 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. 2. Require the owner to submit an amended PUD in which the unimproved portions of the original PUD shall be consistent with the growth management Words ;~-'-ek '&h.-e.::gh are deleted, words underlined are added plan. Thc existing PUD shall remain in effect until subsequent action by the board of the submitted amendment of thc PUD. 3. _a. If the owner falls to submit an amended PUD within six months of board action to require such an amended submittal, 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. 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 commissioners prior to implementation. Any insubstantial change(s) to an approved PUD 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 ofF.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 67 Words :.~.:c.k '.?..-:~:Z~ are c~ieted, words ~ are added and approved by Collier County under section 2.7.3.5.4 or section 2.7.3.5.6 of this Code; or 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. Z$.5.2. Procedure for substantial~insubstantial change determination. 1. The applicant shall provide the development services 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 ora 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 development services 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 change~ procedure~. 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 fmdings and criteria used for original applications as an action taken at a regularly scheduled meeting. 2.7.3.5.5. Language change. 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 change~ 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 the subdivision or site development plan review processes. 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, 68 Words :W.:ek '~.k."e::?~. are deleted, words underlined ar~ added conservation/preservation areas, or required easements are affected or othen~ise pwvided 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 development services 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 development services 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 ofpwject. 2. Name of owner, developer. 3. Number of units, by residential type; square footage and acreage of recreation facilities, commercial and other permitted uses; infrastructure 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 development services 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 site development review 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. 69 Words sma~i-g~ma~ are deleted, words underlined are added 2.7.3.8. Interpretations of PUD documents. The development services director shall be authorized to interpret the PUD document. (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.) Sec. 2.7.3.4 Time limits for approved PUD master plans. In the event that a PUD master plan is given approval prior to October 24, 2001, and the landowner(s) shall: 1. Fail to obtain approval for improvement plans or a development order for all infrastructure improvements include utilities, roads and similar improvements required by the approved PUD master plan or other development orders for at least five years of the date of approval by the Board of County Commissioners~ and 2. Fail to 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 nonresident~a! uses, 30 percent of the total approved gross leasable floor area within the PUD every six years of the date of approval by the county board of commissioners. 2_. In the event that a PUD master plan is given approval al~er October 24, 2001: 1. For residential portions of PuDs, the owner entity shall initiate physical development of infrasUucture improvements, including access marls, internal roads, sewer and water utilities and any other related infraslructure, 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. 2. For the nonresidential portions of PUDs and commercial and industrial PUDs the owner entity shall initiate physical development of a minimum of 15 percent of authorized floor area when approved on thc 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 consmactcd 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 thc PUD shall be exempt from these sunset provisions. 3. Infrastructure improvements 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. (as amended by Oral. g02-03) Thc owner entity shall submit to thc development services director a status report on the progress of development annually fi~m the date of the PUD approval by the board of county commissioners. The singular purpose of the report will be to evaluate whether or not the project has commenced in earnest in accordance with 70 Words ,--~-':k '~----c~. are deleted, words und~rl/ned are added the criteria set forth above. PUDs approved prior to October 24, 2001 remain subject to the PUD five-year sunset pwvision. Amendments made thereafter shall be subject to the three-year provision. PUDs and PUD amendments made thereafter shall be subject to the three-year sunset provision. 3. If in the event of a moratorium or third party litigation challenging the development order 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 sunset provision. (as amended by Ord.//02-31) Sec. 2.7.5. Variance procedures. 2.7.5.1. Purpose. ~n 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 the requirements of this section. 2.7.5.1.1. 2~pes 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.?.5.3. Written petition. A written petition for a variance shall be submitted by the applicant to the planning services director. 2.?.5.4. Notice ofplanning commission public hearing. Notice of public hearing before the planning commission shall be as provided for under subsection 2.?.2.3.2. 2.?.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.?.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. 71 Words sam~dt4hroa~ are deleted, words underlined are added 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 structur~ in the same zoning district. 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 thc public welfare. 7. Are there natural conditions or physically induced conditions that ameliorate thc 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 thc actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to thc 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 thc 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 thc particular regulations relating to the specific variance requested if any. 2.7.5.9. Statu~ of planning commission report and recommendations. Thc report and recommendation of the planning commission required above shall be advisory only and shall not be binding upon thc 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 thc county at least one time 15 days prior to the hearing. 2.7.5.11. Board of zoning appeal~ public hearings. The public hearing shall be held by the board of zoning appeals. Any party may appear in person by agent or attorney, or may submit written comments to the board of zoning appeals. 72 Words :~.:':~ *~.~.-:"~. are deleted, words underlined are added 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.) Sec. 3.C.Subdivision AMENDMENTS TO DIVISION 3.2, SUBDIVISIONS Division 3.2 Subdivisions, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.2 SUBDIVISIONS 3.2.4. 8.1 Lot line adjustment / reconfiguration . 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 d~-?:;:Tx-..:x: :::-.';::: engineering 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, 0u:~ ~le~,e; and 3.2.4.8.2 Both landowners whose lot lines are being adjusted provide written consent to the lot line adjustment; and 3.2.4.8.3.1.1 Instrument(s) evidencing the lot line adjustment shall be filed in the official records of Collier County, Florida, upon approval, and shall indicate that the result of the lot line adjustment will meet the standards of, and conforms to, 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 73 Words etr.::k *~*=gk are deleted, words underlined are added 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. 3.2.6.4.8 Expiration. All required improvements associated with the construction and maintenance agreement shall be completed within ~,6 18 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 ~-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 ~::':'-:r.=:n: :::-.'~::z engineering review 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. 3.2.6.5.1. General. The reqt~red 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. HI], 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, along with all required information, prior to any such acceptance. This section 3.2.6.5 describes the policies, procedures and data required to obtain approval and acceptance of all required improvements constructed. 3.2.6.5.8 Conditional l~nal acceptance At the discretion of the Enl~ineerinl~ Review Director, a developer may annly 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 period. 74 Words :~-:k '~-~'"~=7~ are &ieted, words underlined are added Sec. 3.2.6.5.8 Conditional_final acceptance At the discretion of the Engineering Review Director, a developer 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 period. DIVISION 3.3 SITE DEVELOPMENT PLAN See. 3.3.7. Site development plan review (SDP) procedures. A pre-application meeting shall be conducted by the planning services director or his/her designee 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 submittalpacket: The site development submittal packet shall include the following, if applicable: 3.3.7.1.1 Ownership: A copy of the recorded deed, contract for sale or agreement for sale~ or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land. The applicant shall also present a notarized letter of authorization fi.om the l~rol~ertv owner(s) designating the aoDlicant as the agent acting on behalf of the owner(s). 3.3.7.1.2. Site development plan. A site development plan and a coversheet prepared on a maximum size sheet measuring 24 inches by 36 inches drawn to scale_, and ae~!nr, fc.'~h ~'~ ~" .... ;-~ :-~ .... : ..... ~' ..... ~:~'~-' The following information shall be set forth on the coversheet: 1. 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 designation and !and u::: ca ~: :u~jzct ~-'~ ~'~: ..... ' .... j ...... prcpz.'~ca, of the subiect property. In the event that the property is zoned PUD (Planned Unit Development), the name of the PUD and the number of the avDrovine ordInance. 43. Vicinity map clearly identifying the location of the development and its relationship to the surrounding community. 64. A legal description and the Property Appraiser's Property Identification Number(s)/Folio Number(s) of the subiect property or properties. 75 Words ~.::k '~cu~h ar~ deleted, wot& undcrlined are ad&d The following information shall be set forth on the site development plan and/or on a separate data sheet used exclusively for that purpose: 51_. A narrative statement on the plan identifying the provisions of ownership and maintenance of all common areas, open space, private streets and easements. 62. A site summary in chart form which shall include the following information, with development and dimensional standards based on the provisions of the Land Development Code and where applicable the PUD ordinance: 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 footage and number of bedrooms, as well as minimum/maximum (as applicable) floor area required and floor area proposed. e. For nonresidential projects, total building footage and a square footage breakdown by use (i.e., office, retail, storage, etc.) and its percentage of the total building; for hotels and motels, the minimum/maximum (as applicable) floor area, or floor area ratio, required, and floor area proposed. f. All required and provided setbacks and separations between buildings and structures in matrix form. g. Maximum building height allowed and proposed building height. h. Zoning and land use of the subject property and adjacent properties, including property abutting an adiacent right-of-way or right-of-way easement. i_. North arrow, scale, and date. ~3. A parking summary in matrix form which shall include: a. Type of use. b. Total square footage pe~ broken down by use. c. Required parking ratio:., number of standard spaces required by use, and number provided. · . Number cf ~pace: rzq-.'-ired by uae. ~.. Number cf :pace: provided by '.::e. d_. Number of loading spaces required and provided (if a~olicable). 84_. The following information must be included in the SDP packet: 76 Words :~.:':k ~--eugk are deleted, words underlined are added 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 alt proposed structures so that a needed fire flow may be determined. ?..re.p.A. ! ! ~ !. b. A fire hydrant flow test report from the applicable fire district for the closest hydrant(s) to the project so that the available fire flow may be determined..x..v~..A. 11 ~ I. 95. Illustrative information accurately depicted ~.~. ~.v. ~?.v. ~c;'clc.~mc~.*. FI:Lq shall be as follows unless waived at the pre-application meeting: a. A boundary survey, prepared by a professional surveyor, showing the location and dimensions of all property lines, existing streets or roads, easements, rights-of-way, and areas dedicated to the public. This survey shall be accompanied either by an attorney's opinion of title, or by a sworn statement from the property owner(s) stating that he or she has provided sufficient information to the surveyor to allow the accurate depiction of the above information on the survey. 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 thc 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 cxisting/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. 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: 77 Words :~_':k '~-:~=~,~' are d~iet~d, words underlined are added (1) All building setbacks. (2) Distance between buildings and accessory structures. (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. v. Traffic cireulation~ signing and marking plan, to include outside and inside radii for all turn movements using a common pivot point for both radii at each location. /ils. Any additional relevant information as may be required by the planning services director. 4-~_. For projects subject to the provisions of division 2.8., five :e:: cf architectural drawings, 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. Representations made on the site development plan shall become conditions of approval. Building plans and Aarchitectural drawings submitted in conjunction with an application for an_.y building permits shall be consistent with the building plans and architectural drawings_ submitted and approved for the SDP or SIP. Sec. 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 am/as well as being digitally ercate~_ 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 Proiection, and a North American Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered surveyor & mapper. AIl information shall have a maximum dimensional error of+0.5 feet. Files shall be in a Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. fight-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc.). AIl plans shall tie into the Public Lands Survey system (PLSS) grid, which shall be provided by Collier County's GIS Department via CDROM disk or from an on-line electronic download. In addition, all improvement plans setting forth the following information when applicable: Sec. 3.3.7.1.10 (4) Collier County right-of-way permit, if required, prior to or at site development plan at *-~.: '.L.~: :. _::L~-- -:-----~ approval. 78 Words sa, mflt-4tm~a are deleted, words underlined are added Sec. 3.3.8.4. Site improvement plan submittal and review. A site improvement plan (SIP) shall be prepared on a 24-inch by 36-inch sheet drawn to scale ~ 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; as established by a Florida registered surveyor & mapper. All information shall have a maximum dimensional error of+0.5 feet. Files shill be in a Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. fight-of-way ROW, eenterlines - CL, edge-of-pavement - EOP, etc.). Ail plans shall tie into the Public Land.q Survey system (PLSS) grid which shall be provided by Collier County's GIS Department via CDROM di.qk or from an on-line electronic download. In addition, all improvement plans setting forth the following information: Sec. 3.3.8.6 Performance securities for site de, elopment plans. In the case of multi family developments with individually owned units which are served by subdivision type improvements, i.e. driveways which function as access marls and drainage improvements, these developments .qhall 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. Sec. 3.3.10. Site Development P_plan 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 days 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. , ------~ .~=y Further review of the project will require a new application subject to the then current Code. 2_. Approved site development plans (SDP's) :~gl! only remain valid and in force for two years from the date of their approval unless construction has commenced, as follows. If no developmenff~mv.l , i.e, actual construction has commenced within two years, measured by the date of the SDP approval letter, the site development plan :~.r. ll :xp:rc approval term expires and the SDP is of no force or effect; however, should an amendment to the SDP be approved prior to the expiration date, the SDP as amended shall remain valid for two years measured from the date of approval of the amendment. 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, i.e., the engineer's completion certificate provided to the engineering services director, within l 8 months of the prc-constmction conference, i.e., commencement of construction. A single, six-month extension to complete construction may be granted for good cause shown ifa written request is submitted to, and approved by, the engineering services 79 Words :~.:':k *~.~.-'m:~. are deleted, words underl/ned are added director prior to expiration of the then effective approval tenn. 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) .--hall only 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. fine development ( , i.e., actual construcfion~, has commenced within two years, measured from the date of the required pre-construction conference, the site development plan :ka!! :x~irz approval term expires and the SDP is of no force or effect; however, should an amendment to the SDP be approved prior to the expiration date, the SDP as amended shall remain valid for two years measured from the date of approval of the amendment. O:.e sn~ year cxter.,zlcn mai,' ~c, ~':.=t~,,d for g~,,~a_. ·-,:.~-...... _.j .... r.z':: pm:'izior, of ~.is ............................. rzqu:zt. Once construction has commenced, the approval term will be determined by the provisions of Section-3.3.10.3 SUBSECTION 3. DMSION 3.4 EXPLOSIVES Sec. 3.4.5.1. General application requirements. Application for the Collier County user/blaster permit shall be pu.--zua':l lo a le~:r cf ap~l:,oat~:= for --~;* signed by the user and filed with the do;'gl.z~mzv..t dg~a.."~...e..*. Engineering Services Department. The application Ic..~:r 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 dzvz!v.F=-zr.'. d~q~-mmm F.n~needng 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 d,_to or information requirement. ds ds $ ~ ~ ds 3.4.5.1.7. A 1~1 a~.~-~--~-- ' .... ~ ........v ....Locatmn oftbe site at which blasting will occur, including section, township, and range. 3.4.5.1.10. Blasting activities will not be permitted within 350 feet of any existing structures, slxuctures under construction, or within 350 feet of public roads ;va:,': ~ 3.4.5.2.2. A full description oftbe following blasting information (in eases 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 8o Words ~ are deleted, words und~ are added 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_.8?The pounds per shot when underwater "doby' detonation is performed (if such information is applicable to the blasting activity). Sec. 3.4.7. Permit application review procedures. 3.4.7.1. Upon submittal of the Iz~.r ~£ application to the office of the devetopme~ Engineering Services Director ~=r-,'!.~:: ~=ctcr, processing shall commence. Sec. 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 th._._e Engineering PI=n P.:'::.:':: =-.~ · ...... :^-~ Services Department. Pre- Blast inspections arc required for structures if one of the following conditions has been satisfied: a. If the structure is within a distance of 4-~ 200 feet times thc square root of thc charge away from the blast, as infrastructure by the following formula: D= .~v 200xW ½ (Where "D' equals thc distance in feet and "W' equals the weight of the charge in pounds of explosives per delay.) b. If thc structure is within 2~'~ 500 feet of the blast permitted for any size charge. 2. Pre-blast inspections shall be conducted by an independent seismologist, vibration engineer, structural engineer, or thcir 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. Thc date of the inspection must be indicated on thc 81 Words ~.::k '~x:~ are deleted, words underlined are added documentation. Interior and/or exterior 35 nun 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 th.__e Engineering mA- ~ ~..; ...... '~ ~ ..... :~ Sentices 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. 3.4,7.1.41. 1. Thc applicant shall providc 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 blasting. 2. Notification shall be distributed to all properties containing structures within a radius calculated for a scaled distance of ! 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. 3. 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 150 200 feet pits an additional 50 percent shall be accomplished at least seven days prior to the re-commencement of blasting. 3.4.7.2 Within ten working days after aR_ !z,",zr zf application has been fully c ompleted, as determined by the Development Services Director or designee, and submitted to the ~ Dcvzl.cpmcr.: Services D~: ~.~, ....... _Ser~ces Director or D_ir~tor or desi~nee~ the ~ ~ '~ ...... ' -- -- designee, shall: 3.4.7.2. Within ten working days after a~_ !z~ zf application has been fuliy completed, as determined by the D_evelopment Services Director or designee, and submitted to the ~ Dz;'z!e.~mz..: -services Director or designee, the ~ D::.:!aN.--..:~t _Services D_~ector or designee, shall: 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 82 Words ~ are delet~t, words ~ are added 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 slructure finished or under construction not owned by the permittee, or at a location identified by the seismologist of record and the pla.~ng :er'Aec: ~:.rcctcr 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. DIVISION 3.9 VEGETAION REMOVAL, PROTECTION AND PRESERVATION See. 3.9.7. Appeal by a~rieved verson frc. m Any person who feels aggrieved by the application of this division, except one who is the subiect of a violation of this division that has not been lawfully abated, may file, no later than wi~./n 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 dc,;'e!v, pmcr2 planning services director, to have the ease 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. See. 3.13 Coastal Construction Setback Line Variance 3.13.6.2 Notice and public hearing for coastal construction setback line variances. In the ease of an application for coast_a! construction setback line (CCSL~ variances, such provisions shall be enacted or amended pursuant to the following public notice and hearing requirements by the board of counW commissioners. 1_. A sign shall be posted at least 15 days prior to the date of the public hearing by the board of eoun~ commissioners. The sign to be posted shall contain substantially the following language and the sign's copy shall utilize the total area of the sign: PUBLIC HEARING REOUESTING CCSL VARIANCE APPROVAL (both to contain the following information:) TO PERMIT: (Sufficiently clear to describe the project) DATE: TIME: 83 Words c ....... ~. are deleted, words underlined are added TO BE HELD IN COMMISSIONERS MEETING ROOM, COT J~mR COUNTY GOVERlqME~ CENTER. The area of thc signs shall be as follows: a. For properties less than one acre in size, the sign shall mca.qure 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 are~ 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 property visible from the beach. Where the property, for which approval is sought is landlocked or for some other reason the signs cannot be posted directly on the subiect property~ then the sign or signs shall be erected along the nearest street right-of-way~ with an attached notation indicatin~ generally the distance and direction to the subject property. 3. In the case of si..tins located on properties one acre or more in size, the applicant shall be responsible for erecting the required si~n(s). 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 subiect property is landlocked, or for some other reason the signs cannot be posted directly on the 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 subiect property. There shall be at least one sign on each external boundar~ which fronts upon a street, however, in the case of external boundaries along a street with greater frontages than 1,320 linear feet, signs shall be placed equidistant 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 frontine on a street exceed four signs. The applicant shall provide evidence to the planning services department that the sign(s) were erected by fumishin~ vhoto~ravhs of the sign(s) showing the date of their erection at least ten days prior to the scheduled public hearing by the planning commission, whichever has jurisdiction. The signs shall remain in place until the date. of either of the following occurrences: 1. Final action is taken by the board of county commissioners or 2. The receipt of written notification by the planning services department director from the applicant requesting 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 newspaper 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 density in terms of total floor area of commercial or industrial space and dwelline units per acre for residential proiects, and a description of the institutional or recreational uses when part of the development strategy. The advertisement shall also include a location map that identifies the approximate ~,eo~ral~hic location of the subject nrooertv. 5. The board of county commi.qsioners 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. Words ........ ~.~ are deleted, words ~ are added 3.!2.5.2 ."I~'-e. bzv. r~ ~f zc.~-:ty :z::'.-'..'izz'L~=z~ r.l.all .:..]th-.'.-. 59 dab,-, 3.13.6.~3 ~e~ ofco~ty co~issiones sh~l nofi~petitioner in ~g of i~ d~ision ~n 15 ~ of ~e public h~g. 3.13.6.5.4 ~y pe~on a~ev~ by a decision of ~e bo~ of cowry co~ission~ ~g or dm~g a v~ce may apply to ~e c~t co~ of ~e ci~uit ~ w~ch ~e pro,fly is l~at~ for juicit relief wi~ 30 ~ ~ rendition of ~e d~ision by ~e ~ of co~ty co~ission~. Revi~ in ~e ci~uit co~ sh~l be by petition for a ~t of c~o~ ~d sh~l ~ govem~ by ~e Florida Appellate Rules. See. 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 pavers, decks (wooden or synthetic), shell, lawn and non-native coastal plant species on a single-family lot, when a Florida Department of Environmental Protection (YDEP) 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 COSL shall not exceed 15 feet and no more than 50 percent of that area may consist of pavers or decks.. 3.13.8.3.3. Use of any Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, is prohibited. DIVISION 3.16 GROUNDWATER PROTECTION 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 Cit2~ t ^ ...... ~ Wellfield.; .-a 3.16.2.1.2.1.7. The following wellfields withdraw groundwater from the Lower Tamiami aquifer: Words :~.::k '~=--='.:'~. nre deleted, words underlined are added A. The East Golden Gate Well field; B. The Coastal Ridge (Goodlette Road) Wellfield; C. The Collier County Utilities Wellfield; ~.. D.~. The Airport Water Treatment Plant Wellfield of the Immokalee Water and Sewer District wellfields; ~E.~. The Carson Road Water Treatment Plant Wellfield of the Immokalee Water and Sewer District wellfields; and ~. F_. The Orange Tree ~ Wellfield. 3.16.2.1.2.1._9.40 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. -14 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 0Viissimer 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-confming 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 well fields, 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 Dis~xict (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 1988-1989) or only partially restricted hydraulic connections (e.g., Wells C-953 and C-951, id.). 3.16.2.1.2.1.11.-1-~ 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 86 Words :~.:zk '~.~-z::g.~ are deleted, words underlined are added 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-$.) 3.16.2.1.2.1.12A-g 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. 3.16.2.1.2.2.1 Withdrawing from the water table aquifer: B. The Everglades City Wellfield; and B. The Florida Governmental Utility Authority Golden Gate Water Treatment Plant ...... ~ ..... / Wellfield_.; m':a-. 3.16.2.1.2.2.1. Withdrawing from the Lower Tamiami aquifer: E. The East Golden Gate Wellfield; F. The Coastal Ridge (Goodlette Road) Wellfield; G. The Collier County Utilities Wellfield; D. TY,: GIA, d,%: ',V:!!fizld; F~. D_~. The Oranee Tree ~ Wellfield. ~.. E.~. The Airport Water Treatment Plant Wellfield of the Immokalec Water and Sewer District wellfields; and C~,F._:. The Carson Road Water Treatment Plant Wellfield of the Immokalee Water and Sewer District wellfi¢lds. 3.16.2.1.2.2.2. Withdrawing from the surficial and intermediate aquifer systems: A. The Main Water Treatment Plant Wellfield of the Immokalee Water and Sewer District wellfields. 3.16.2.4.1.1 East Golden Gate Wellfield. 3.16.2.4.1.1. Coastal Ridge (Goodlette Road) Wellfield. 3.16.2.4.1.2. Collier County Utilities Wellfield. 3.16.2.4.1.3. Everglades City Wellfield. 3.16.2.4.1.4. Florida Governmental Utility Authority Golden Crate Water Treatment Plant ...... x ..... / Wellfield. 3.16.2.4.1.5. The Orange Tree Glade: Wellfield. 3.16.2.4.1.6. Immokalee Water and Sewer [District] wellfields drilled into the Lower Tamiami aquifers and Sandstone aquifers. 87 Words :'a-_.:zk'~.Y_-;;~. are deleted, wot& underline, d ~re added SUBSECTION 3D. AMENDMENTS TO DIVISION $.1 DECISION MAKING AND ADMINISTRATIVE BODIES Division 5.1., Decision Making and Administrative Bodies, of Ordinance 91-02, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 5.2 PLANNING COMMISSION 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 submit to the board of county commissioners an annual report recommending amendments to the land development code. 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. 88 .... ~. a. ..... ~. deleted, words underlined are added Words ........ o.- are 5.2.2.11. Thc 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 oftbe application being considered. SECTION 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 beard 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 shall 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 thc 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. DIVISION 5.13 ENVIRONMENTAL ADVISORY COUNCIL 5.13.2.3. The powers and duties of the EAC are as follows: (14) The EAC shall present an annual report to the board at a regular board meeting in May of each year. The report shall list thcEAC's achievements for the prior year, present its objectives for the coming year and highlight environmental issues that need further study. 89 Words :w~:k 'u.h.-::~,h are deleted, words tmclerlincd arc added SUBSECTION 3.F AMENDMENTS TO DMSION 6.1, DEFINITIONS Division 6.1., Definitions, of Ordinance 91-05, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DMSION 6.3 DEFINITIONS Sec. 6.3 Alley: The A public or approved private way which affords only a secondary means o.f access to abutting properties and which is not intended for t~enerai traffic circulation. Sec. 6.3 Outparcel: A site for a freestandine buildinl~ or buildings which is t~enerally related to an orieinal (parent) development tract~ and is adiacent to a roadway that interrupts the frontage of another lot and is intended or withheld b.y the developer for development separately from the maiority of the orieinai development Sec. 6.3 Passenger vehicle: A car~ pickup truckn motorcyclen van~ sports utility vehicle or the liken used primarily for personal transportation and th.e transportation of others but which is not for hire or used for commercial or recreational purposes. Appendix A Welifleld Protection Zones Maps 9O Words ;w.::k '~'-z=~ ar~ deleted, words ~ are added SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Coliter county ann om~t 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. SECTION FIVE: INCLUSION 1N THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", ~m~dcle'', 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, Florida, this day of , 2003 BOARD OF COUNTY COMMISSIONERS' COLLIER COUNTY, FLORIDA BY: ATTEST: JAMES N. COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK Approved As To Form And Legal Sufficiency Marjorie M. Student Assistant County Attorney Words ~,~et'.-'ffm~'~h-are deleted, words under]ined are ~ ~-~ 0-0 --Im mz N 0 Z m Memorandum To: Board of County Commissioners From: Susan Murray, AICP, Current Planning Manager Date: December 9, 2002 Subject: LDC amendments for 1st BCC hearing, December 11, 2002 The attached document is part of the LDC amendment package that was delivered to you last week. Page 128 of the LDC amendment package referenced section 3.15 to be delivered under separate cover. The attached document is section 3.15. As such, both the original LDC amendment package and the attached package will be discussed at the meeting on December 11, 2002. If you have any questions please feel free to contact me. REVISED PLANNING COMMISSION VERSION - 12/05/02 (Changes from the Planning Commission are highlighted in Blue - (text addition are underlined and deletion are ~tr'~kcthrc,::gh) 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: Ail 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 (f~al 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, m-t-he ncxt Annual r~.,,4~ 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* 1 *Code reference--Adequate public facilities ordinance, § 106-71 et seq. 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 ~ 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 l(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. 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. 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. Average annual daily traffic (AADT) shall be calculated consistent with the methodology established by the Florida Department of Transportation (FDOT). ~wh,,4;_~ r:~t, ........ a ~a,,~, a,,n Peak hour is calculated as the 100th high ......... 6 .......s ................. est hour based on a lO-month period omitting February and March which is generally equivalent to the 250th highest hour,-,,,,,~,,-s"" for a 12-month period. For design of roadway_ 3 th capacity projects, the _0 highest hour for a 12-month period at LOS "D' will be utilized. 3.15.3.4. Reserved. 3.15.3.5. 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 (LOS) for drainage facilities. 3.15.3.6. 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. 3.15.3.7. Capital road facilities or capital road improvement shall include transportation planning for, engineering for, right-of-way acquisition for,-~,,~-,,'~,--~LLe,~"~; .... ;,~ C~L~,, and construction of any project eligible for inclusion as a road project in the road component of the Capital Improvement Element (CIE) of the Collier County Growth Management Plan or the Five-Year Florida Department of Transportation Plan Work Program. 3.15.3.8 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. 3.15.3.9. 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. 3.15.3.10. 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. 3.15.3.11. 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. Seec., 3.15.3.22. 3.15.3.12. Constrained facilities are those roadways which have been so designated by action of the Board of County Commissioners (BCC) upon the 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. 3.15.3.12.1. Physical constraints exist when intensive land use development is immediately adjacent to existing through 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. 3.15.3.12.2. Environmental and policy constraints exist when decisions are made not to expand a road based on environmental, historical, archaeological, aesthetic or social impact considerations. Policy constraints are artificial barriers to roadway expansions based on environmental or political realities within a community. Unlike physical constraints, however, these barriers to roadway expansion can change over time, as needs and community goals change. 153. .11.2.1. 3.15.3.13. 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. 3.15.3.14. 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. 3.15.3.14.1. In determining the capacity of a county road segment or a state road segment for the purpose of determining whether it is a deficient road segment, the county shall consider: 1. Current roadway facilities including, but not limited to, number of lanes, provision of turn lanes 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 roadway system. 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. 3.15.3.4415. Developer means any person, including a governmental agency, undertaking any development as defined in this division. 3.15.3.4--516. Development agreement generally 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.-1-617. Development has the meaning given it in F.S. § 380.04. 3.15.3.4-g18. Development order means any order, permit, determination, or action granting, denying, or granting with conditions as a__o_n 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.-1-819. Final development order means a final local development order or a final DRI development order. 3.15.3.4-920. 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). 3.15.3.3021.__ Final local development order means any valid, '~ ..... .... v:"~'~ a final approved subdivision plat, a final approved site development plan, or building permit or mobile home tie-down permit issued by the county. 3.15.3.3-1-22. 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.-3-323. 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, impact fee, building construction, or sign regulations, or any other regulations controlling the development of land. 3.15.3.3-324. 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 t% the operational characteristics of the public facility, as adopted in the Collier County growth management plan. LOS will be stated as s,h~3.-.h',die~ the capacity per unit of demand for each public facility. 3.15.3.24.1._~. Level of service calculations for road facilities ,,~neang calculati,vns that are ~; ......... ; ....., ........ h .....: .... ~ .... ~ ~ ..... ;-~ for peak hour traffic ........................................ ~ ....... o ........ are on a roadway segment for maximum service volumes at the adopted level of service. Peak hour is calculated as the 100t~ highest hour based on a 10 month period (omitting February and March) which is generally equivalent to the 250t' highest hour for a 12- month period annua!!¥. For design of roadway capacity projects, the 30~ highest hour for a 12-month period at LOS "D" will be utilized. 3.15.3.~24.2. 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 inco~orated herein by reference. 3.15.3.~24.3. LOS for capit~ park facilities means 2.9412 acres per 1,000 persons for regional p~k land; 1.2882 acres per 1,000 persons for community park land; and $179.99 $240 of capital investment per capita (at current cost) for recreational facilities. 3.15.3.3g24.4 LOS for capital potable water facilities varies between public water systems and private water systems. For the county water and sewer district 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 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.on~ .,~-,_,cA" ...... o. except that approved private wells are exempt from these LOS requirements.'-: TAELE ~,,fl~, ~1,,~ (c) Pcr employee (a) Per ......,,~, t ;~a~ ~ ~u Food .....; (0 Carry ...... '" (g) / 3.15.3. 2824.5. LOS for capital road facilities on the major road network system are as set forth in Policy 1.1.5 of the Capital Improvement Element and Policy 1.4 of the Transportation Element of the Growth Management Plan. var:.eg 3.15.3.-2-924.6. The LOS for capital sanitary sewer facilities varies between public sanitary sewer systems and private sanitary sewer systems. The LOS for a .... 1 ....., ~;_~ ,h~ T ~c ~t ~ Tthe Nogh Sewer Area is 145 gallons per capita per day (gpcd). The LOS for the South Sewer Area is 100 gallons per capita per day (gpcd). The LOS for the City of Naples Uninco~orated Service Area is 121 gallons per capita per day (gpcd). The LOS for private s~itary sewer systems is as required by the State of Florida in Chapter 10-D-6, F.A.C. These standards vary according to the T~ ........ ~,~ .......... * t~a* a~pproved private septic systems are type of land use ..... exempt from ~ LOS requirements.'-: (a) Pcr passenger 5 (b) Per me~r (c) Per employee 29 10 ~1~ ~A ( } m;.,ate C ......... (per 11 3.]5.3.~24.T LOS for c~pita] solid waste disposal fadlities constructed lined ceil capacity at the average disposal rate for the previous five (5) years, and ten (10) ye~s of permittable landfill capacity at the average disposal rate for the previous five (5) years. an convert ncc ............. j ocr, ............................ ~-,~-~,J ,,-e ....... 12 th~ growth 3.15.3.~M-25.__ Major road network system means a! ........ ff ........ .a ................. ff ........ ose FO s depicted in the traffic circulation Transportation Eelement of the Collier County Growth Management Plan. 3.15.3.26. Peak season, ?Peak hour for transportation concurrency determination is ....... ~ ........ ~ .... me~s the 100th highest hour on a roadway segment, omitting February~arch data, and is the basic time reference used to calculate levels of service using the definitions and methodologies of the current edition of the Transpoaation Research Board Highway Capacity Manual and the procedures and applications from the Florida Depaament of Transpoaation which is generally equivalent to the 250(h highest hour for a 12-month period. For design of roadway capacity projects, the 30"' highest hour for a 12-month period at LOS "D' will be utilized. 3.15.3.&3.27. 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 13 3.15.3.43428. Public facilities mean capital drainage (surface water management 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. D,,,~ ^e .... , .... :~- Reserved. 14 15 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 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 or aSo'at r~ .... ~'~' ! ~'~ ~' ..... 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: 16 3.15.6.2.1. Annual determination of adequate "Category A" public facilities ( y) r~ .... ~.~.., r~ .... ~.~. , ~e ~n~g C ity I p concurrenc. ......................... ._ ;,'ear, tThe_ ommun Deve o ment and Environmental Services Division Administrator will annually present the AUIR report to the Board of County Commissioners identifying deficiencies ~ or potential deficiencies in "Category A" public facilities and remedial action options including but not limited to the following: 1. Establishment of areas of significant influence (ASI'sL 2. Public facility project additions to the financially feasible CIE; 3. Deferral Ac .~ .... , ........ ~: ........ 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. 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 for 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. 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 Concurrency Management System database on a segment by segment basis factoring in all such development 17 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 cn cr -~'~"~ year-;-t~ an annual update and amendment to the CIE as part of the annual growth management plan amendment cycle * ..... ;,., ~.a.,;. .............. v ............ ~,o. ~ The recommendation will include the proposed public facilities needed to maintain existing adopted LOS standards as ............. v ................... .... as well as recommendations for the annual bu et, ..,t,:~t. Oc ..... i ~.~.~.. ~ ........... so ........as t0 needed ,Pr ects and suggested funding ........... v .......... v~.. v ...................ncr ..................... a ..... a o~6,-a ........ v ....... , .... , r ...... Des na on of Deficient or Constrained roadway segments. Deficient roadway segments may be designated as constrained whenever they meet the terms set forth in section 3.15.3.12. 3.15.6.4.1 ~ Regulation of defieiem growth along roadway segments designated constrained, area ~c ~:~:c:-~* :~c~ ...... c^c~ If ~'~ c:~.~: .... ~ ~ ~Um V S 0~ ................ , ...... ,j ....................................... F ........ v ...... s ............ oa wa se merits once es Bate as constrained are subject to the growth restrictions set fo~h below which are intended to ensure that fu~her LOS degradation does not occur in the event the roadway is determined to be operating below the Level-of-Service stand~d for that road facility. Constrained roadway segments ~e subject to growth restrictions on development that 18 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 traff~'c impact of less than 1% of the peak hour service volume) impact t.o on the deficient roadway segment(s) or for which the significant test in 3.15.6.4.3 below indicates that the development will generate more that a de minimis impact on the roadway segment(s), as anal~sis. 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 significant influence (ASI) for deficient road segments. 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 by_ the Board in the adopted --',~,~^"'~ ,--,--v-,----~ .......... ---~ t4~ proposed annual CIE road component update,,..,~"-'~ ....~v~.~,'~'~ ..... ~ r,,,~,_~ .~,~,,,. ~--,-~,~,n .... '~ 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 3.15.6.5.1.2 of this division. 3.15.6.5.1.4. Standards in establishing area of significant influence (ASI). ~. 15.6.4.2. !. -Gene~. The boundaries for an ASI shall include the limits of the roadway segment(s) that are deficient ~'~ ~'-~'~ ......... , ...... ~,, ~,,~ ........ ,4o ~; ..... ,4 19 TAELE D,TSET: 3.15.6. 5. 1. 2 4:-.&.. Review and approval of ASI by Board of County Commissioners. After receipt of the proposed boundaries of a potential ASI ..... ;, .... ;-~ ~ ,k~ A S~ from the ............ tj ...... ~ division Transpo~ation Services Division Ad~nistrator, the ~oard of ~ounty Co~issioners, ~-' ~ ........ I ~ ~-~ _ ~ ....... v ....... ~ ....shall hold a public hearing noticed pursuant to the requirements of F.S. ~ 125.66(5):, an~ a After consideration of the proposal and public comment, the Bo~d may approve the ~ designation of an ASI, 20 (including a map of the bouv, dm4es impacted roadway segments) and t~e annual resi~ual c,-v .... .... ;*",, ir:ps' ........ ,,r t~,~ 58~, with or without modifications, or determine that competent substantial evidence has been placed on the record to show that the road segment is not ~ deficient and find ~ that the establishment of an ASI is not necessary to ensure that development orders are served by adequate road public facilities. The approve s .................... ~ o v .... v ,-v ......................... will become effective upon adoption by the Bo~d of County Commissioners.~.~" o,..~ ~ ........ 3.15.6.5.1.3.4~. Map of areas of significant influence (ASI). A map showing the bou~t~qes-of- deficient roadway segment(s) within each ASI established by the Board of County Commissioners shall be kept in the Community Development and Environmental Services Division and the office of the Clerk to the Board of cc, mmun:.ty County Commissioners for review and inspection by the public during normal business hours. 3.15.6.5.1.4.4-,5 Duration of established area of significant influence (ASI). Once the boundaries of an ASI are approved by the Board of County Commissioners, they are valid for one year,: unless otherwise dissolved by the Board of County Commissioners or modified in a subsequent AUIR update.. 3.15.6.5.1.5.4~ 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, (i.e., an impact equal to or greater than 1% of the peak hour service volume) number of vehicle trips to a deficient roadway segment in 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 3.15.6.5.1.6.4-,%. Dissolution of area of significant influence (ASI). If the .... :'~-~ ,,~,~ .... ,,,,.,'~ ,~,, .... ,,._.,,,,,,:'~-~ .,,~ ...... ,,,~..o,~,,,_,,,,~'~:~ cf If the Schedule of Capital Improvements is amended to include the needed roadway improvements or a Developer makes or commits to roadway improvement(s) in an enforceable development agreement needed to eliminate the classification of a road as a deficient .... ,~,,~. ,~c:~:~, road segment, then the area of significant influence (ASI) established for that deficient o-r--pot~al4a/~ defieiem road segment shall be dissolved by the Board of County Commissioners in the same manner in which it was established. Sec. 3.15.7. Regulatory program: review of development to ensure adequate public facilities are available, including the Transportation Concurrency Management System. 21 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 be 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: 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 development 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. An ..... :'~: ......... r ..... ~,~:. ~,~+~. ~r .......... ~v ..... :o.o. 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. Original 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. 22 3.15.7.2.65. Original Ttemporary use permits and any subsequent renewals not to exceed a cumulative period of one year. 3.15.7.2.:36. Developments that claim vested status from the Growth Management Plan adopted January 10, 1989 and its implementing regulations, Any.~.~ ~ ~ .... ~ .....~ ..,t. ......... ~.......~. ;~ .~...~....~"~:~'~a ~... ..... ......~.:"~..~, and ...u~ properly obtains determination of vested rights for a certificate of ~ pPublic i~Facilityies Adequacy xl"~---^ rm..xj in accordance with the provisions of this section. 3..-.., ...., .~ ~ '~ ~ '* 3.15.7.2.:36.1. 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 shall accompany and be part of the application. The application shall, at a minimum, include: 3.15.7.2.:36.1.1. Name, address, and telephone number of the owner and authorized applicant if other than the owner; 3.15.7.2.:36.1.2. Street address, legal description, and acreage of the property; and 3.15.7.2.:36.1.3. All factual information and knowledge reasonably available to the owner and applicant to address the criteria established in section 3.15.7.2.:36.7. 3.15.7.2.:36.2. 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.:36.3. 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.:36.7. 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.:36.7. to the extent that information is represented or obtained or inclusion feasible or applicable. If the community development and 23 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.g6_.4., 3.15.7.2.g6_.5. and 3.15.7.2.~_6.6. 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.~6_.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. 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.,7.2.7.7., and shall follow the rules of procedure set forth in geetio~ F.S. § 120.57(1)(b), 4, 6, 7, and 8;;,~'~;'~"~,~,.,~, ~,,~,~,~o, ~ .......... ,,.,~-~ ~,,.,._,,,~'~ F.S. § 120.58(1)(a),(d) and (f);i F ...... only to the extent that ~ and c~,-:~ F.S. § 120.58(1)(b), 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. Florida A~m;mi.gtrat?,'e. Code 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 3.15.7.2.6.7.7.2.7.7. 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.:~6.5. 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 "70 '7 A hearing under section 3.15.7.2.6.4 .......... 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 3.15.7.2.6.7.7.2.7.7., and shall deny, grant, or grant with conditions the application for 24 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 3.15.7.2.6.7.7.2.7.7., 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.:36.6. 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 application and processing of an owner-initiated appeal shall be established at a rate set by the Board of County Commissioners from time to time and shall be charged to and paid by the owner or its authorized agent. The Board of County Commissioners shall adopt the Hearing Officer's determination of vested rights for a Certificate of Public Facility Adequacy , with or without modifications or conditions, or reject the Hearing Officer's determination of vested rights for a Certificate of Public Facility Adequacy . The Board of County Commissioners shall not be authorized to modify or reject the Hearing Officer's determination of vested rights for a Certificate of Public Facility Adequacy unless the Board of County Commissioners finds that the Hearing Officer's determination is not supported by substantial competent evidence in the record of the Hearing Officer's public hearing or that the Hearing Officer's determination of vested rights for a Certificate of Public Facility Adequacy is contrary to the criteria established in Ssection 3.15.7.2.6.7.7.2.7.7. 3.15.7.2.:;t6.7. 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. 25 3.15.7.2.g6_.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 th;.s section 3.15.7.2.:g6., 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 th;~g section 3.15.7.2.:36, and such development pursuant to a final development order, final subdivision plat, final site development plan, final subdivision master plan, or planned unit development master plan is continuing in good faith. The aforementioned 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 deferred 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 -'~':'~ ...... :-~'~ certificate of public facility adequacy shall be obtaivted issued concurrently with a~ the approval of the ...... 6 for ........ or next to occur of final ........................ vv .................. J-,e .......... At the time a Certificate of Public Facility Adequacy is issued, 50% of the estimate~ ~ ~ ~ transportation impact fees must be paid into the applicable Trust Fund pursuant to ~ 3.15.7.3.1.5 of this ordinance and such funds will be immediately available ~n accordance with 3.15.7.3.1.5. for appropriation to implement ~ transpoffation capital improvements.; :~"'~: ..... ~ Impact fees for all other Category "A" capital improvements shall be paid at the time of issuance of building permits at the rate cu~ently applicable. ~ 26 3.15.7.3.1.2. Traffic Impact Vesting Affirmation. The County will conduct a Traffic Impact Vesting Affirmation Review over the next six months to determine which developments are ve.';ted fv, rce, ncurrency prior to implementation of these revisions to Division 3.15, are vested for transportation concurrency. 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 decrease the impact of the development through such methods as reducing density, making additional provisions for mixed use development to capture trips or providing additional transportation system interconnections may be considered without risking vesting status. Previously vested development may elect to maintain its current certification or opt to allow its escrowed transportation impact fees to be used under the revised concurrency certification process as provided in § 3.15.7.3.1.5 to establish concurrency certification in perpetuity. A developer, who opts into the provisions of the Adequate Public Facilities ordinance, as provided in 3.15.7.3.1.5, shall maintain its vesting status and capacity reservation associated with the existing certificate without additional traffic studies and shall be issued new certificates for concurrency an~ in perpetuity assuming 100% percent of the estimated impact fees based on the then existing rate schedule are paid. 3.15.7.3.1.2.1. Annual mid-year traffic monitoring report. A report detailing progress toward build-out of t-he development that has already received final development order, but is less than 90% built-out, shall be provided annually to indicate any revised estimates to initial build-out schedule and resulting traffic impact projections, and progress towards developer contribution requirements in a format established by the Administrator of the Community Development and Environmental Services shall be provided by mid-year for each year following execution of the final development order (SDP or FSP). 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, 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. Estimated apptieabte transportation impact fees for a development shall be paid into the Applicable Impact Fee Escre, w Trust Funds in the amount estimated to be due as a prerequisite to the issuance of the final local development order(s) ~"-:"~:~- ....... ~oj for the development upon or prior to issuance of a certificate of public facility ~': .... Developments that have paid estimated impact fees for all Category "A" hcilities prior to ]date of ordinance], may elect to come under the provisions of this ordinance. Payment of m~ .......... r ,~ ....: .... .... v~v ........................impact fees into the Impact Fee 27 Escrow Trust Fund prior to the effective date of this ordinance shall be applied as a credit towards the impact fees calculated and due as a prerequisite to the issuance of the lmitdieg-pevm~ final local development order(s) for the development. If the Developer does not elect to come under the provisions of this ordinance, timpact fees paid into the Impact Fee Escrow Trust Fund prior to the effective date of this ordinance 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 ~"':'~: ...... ;~ ........ ~, v ....... final local development order(s) for the development. Fees paid as a prerequisite to the issuance of ~ final local development order(s) prior to these Division 3.15 revisions 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 and pay one-half (50%) of the estimated transportation impact fees due. Additionally, previously vested developments may elect to have escrowed fees applied against the one-half (50%) of estimated transportation impact fees as provided in 3.15.7.3.1.2. 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 transportation impact fees paid, 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. 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. Not later than 90 days prior to expiration of the Certificate of Public Facility Adequacy the County shall notify the Certificate of Public Facility Adequacy holder via ' ~faesimite registered mail that the remaining 50% balance of the estimated transportation impact fees are due, with the balance of the impact fees calculated at the rate schedule currently applicable. The Developer may elect to pay the balance of the estimated transportation impact fees for the entitlements for which the Certificate of Public Facility Adequacy 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 date for the remaining 50% balance of the estimated transportation impact fees due from a previously vested development that opts 28 in the revised concurrency certificate process as provided in 3.15.7.3.1.2., shall relate back to the date of the original certificates date of issuance. Once the balance of the transportation impact fees are paid, they 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 impact fee account shall be credited at the rate of the fees at the time of utilization. If the estimated impact fee account becomes depleted, the Developer shall pay the currently applicable transportation impact fee of each building permit as it is applied for. In the event that impact fees are unspent, they may be transferred to another approved project within the same [or adjacent] transportation impact fee district, provided any vested entitlements associated with the unspent 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 subsequent to adoption and rewrite of Chapter 3.15 will run in perpetuity provided provisions of 3.15.7.3.1.5 are met and that annual mid-year monitoring reports are filed as provided in 3.15.7.3.1.2.1 and all developer requirements established during zoning or as part of a developer contribution agreement are completed or properly tracking the commitment schedule. 3.15.7.3.2.1. Timing. An application for a Certificate of Public Facility Adequacy may only be submitted at--any-t4m~, 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 egstimated 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). Additional impact fees may be due prior to issuance of the building permit(s)., cra re, fund from thc, Lmpact Fcc Trust Fund The balance of transportation impact fees shall be due as provided for in 3.15.7.3.1.1. lid ppli 3.15.7.3.2.g3._ Conso ated a cation. A o-,~:'~ ,,,,a .... ,-~--,t~--------' ....... v----'"- A final local development order shall receive final approval only to the extent to which the proposed development receives a C_eertificate of _Ppublic Fieacility Aaclequacy. The application for a C_certificate of _Ppublic F_facility &adequacy may only be submitted with an application for development approval, where appropriate under this 29 division. An application for a Certificate of Public Facility Adequacy will receive final approval and a certificate will be issued concurrently with approval of a final local development order. 3.15.7.3.2.$.4_ Assignability and transferability. An approved Ceertificate of _Ppublic Ft:acility Aadequacy shall run with the land associated with the corresponding development approval, and shall be assignable within the corresponding land of the approved o-pvopos~evelopment ......... ' · wv ...... 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 approved capacity. 3.15.7.3.2.4:.5 Expiration. A C_certificate of P_public Ffacility 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 residem~ 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.,--pm-vide: 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 capacity 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 Facility Adequacy for "Category A" facilities, except roads, may be obtained provided the Developer enters into an enforceable development agreement with the County. Fc, r dDevelopments comprised of more than 500 residential dwelling units, or fer a phased increment of development comprised of more than 150 residential dwelling units, or fc, r 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 Ft~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._,--pmvide4-t~ 30 §hall 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 facility adequacy 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. 3.15.7.3.3. Effect of development agreement in conjunction with a certificate of public facility adequacy. Upon approval by the Board of County Commissioners, any applicant may_ 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 development 31 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. TheAn Application for a Certificate of Public Facility Adequacy c~ .. ........ , .......... .~o ........... ~, ............ v ...... shall be submitted in duplicate to the Community Development and Environmental Services Division Administrator. An application shall be submitted at the filing cf the earliest c,r for the next final local development order _~v, · ........ c ~ o..~a;.,;o:~ ~., r:~.~_ . o;~ d~,~,~v~ ..... .... -~'~---, ~ .... ~ ~";~;~'-~-"~ ...... ~ ...... ;' as specifically provided for under subsection 3.15.7.3.1.1. An application fee~ in an amount to be determined by the Bo~d of County Commissioners shall accompany and be part of the application~. 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 the Transportation Services Division Administrator. Although the application will have two major components (transportation and all other "Category A" facilities), 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 the entire Application 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, 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 a~ 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 component is complete within five business days. If it is determined that ~' .... ~;~; ...... ;~ ..... vt, ............... any component of the application is not complete, written notice via facsimile shall be sevved-o~ provided to the applicant specifying the deficiencies. The Community Development and Environmental Services Division Administrator and Transportation Services Division Administrator shall take no 32 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 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 Ssection 3.15.7.3.5. The Transportation Services Administrator shall review and grant, or deny a certificate of adequate public facility for roads within twenty business days after the application is determined to be complete. 3.15.7.3.4.4. Appeal to_of Public Facilities Determination._ .s~vv,~,..~ r,^__:,~,~,~_,_,,~,~,~. Within 30 days after issuance of the determination of the Community Development and Environmental Services Division Administrator anWor the Transportation Services Division Administrator on the Application for a Ceffificate of Public Facility Adequacy, Cc ........... y ...... ~ ........... the applicant may appeal the determination of the ..... ;'~' ~ .... ' ........ ~ ilit5 A ~ ........ D,,~I;~ F~c ' ,.~; to the D,,KI;~ ~;I;~;~o ~*~0~;~;~ A .... I ~;~*~ ................................... w ................ the Collier County Bo~d 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 pagy evaluation. The third pa~y shall be an outside consultant who has been previously approved by the county for the pu~ose of providing independent review and recommendations on public facility adequacy determinations. The Board of County Commissioners ~..h~;, Fa,;~;,:~o ~,~-~:~ ~ .... ~ c~: .... 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 p~ty testimony and public testimony in light of all the criteria set fo~h in 8~ection 3.15.7.3.5 cf t~s cr~nance. The Board of County Commissioners '"~:~ ~:m:~. ~ ..... :-~,:~ ~ .... ~ ~"~ shall adopt the Community Development and Environmental Services Division Adminis~ator's and the Transpo~ation Services Division Administrator's determination on the Application for a Ce~ificate of Public Facility Adequacy with or without modifications or conditions, or reject the Community Development and Environmental Services Division Administrator's and the Transpo~ation Se~ices Division Administrator's determination. The Board of County Commissioners Public ~:~:,:~o n ..... :~:~ ~ .... ~ ~:,~ shall not be authorized to modify or reject the Community Development and Environmental Services Division Administrator's and the Transpo~ation Se~ices Division Administrator's determination unless the Bo~d of County Com~ssioners 'u~:c ~:~':~ ~ ..... :~':~ ~ .... ~ ~:'~ finds that the determination is not supposed by substantial competent evidence or that the Community Development and Environmental Services Division Administrator's and the Transpogation Services Division Administrator's determination is contr~y to the criteria established in 85ection 3.15.7.3.5 zf t~: zr~nance. The decision of the Board of County Commissioners P'a~l~c Fac~l~t~es Determ~nat~cn Appeal Ccm~2ttee shall include findings of fact for each of the criteria. 33 3.15.7.3.4.5. Approval of Certificate; Payment for, and Cancellation of certificates. Upon notification by facsimile by the Community Development and Environmental Services Division Administrator or his designee and the Transportation Services Division Administrator or his designee, that an application for a Certificate of Public Facility Adequacy has been approved, and a Certificate one-half (50%) a-14 of the estimated transportation impact ~*"~ .... ,~_ a .... , ...... fees shall be paid Tv ,u .... ,;~,~, r,;,~ ,^ ~ thc ~--';~-"* ~ ...... ;~;~ ---;' If the applicant does not pick up the Ce~ificate and pay all applicable transpo~ation impact fees within ~ 90 days of notification by facsimile by~.-~-;~;~,_,~ ,~,-,--";' the Ceaificate will be voided. In such a case, the applicant shall then be required to apply for issuance of a new Ce~ificate. 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. 3.15.7.3.5.2.1. The sanitary sewer component shall be granted if any of the following conditions are met: 34 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 3.15.3.26.4&-3~. 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 of a final Site Development Plan, Final Subdivision Plat or building permit is issued. 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. 35 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 capacity is available based on the findings of the transportation concurrency manage~_'nent %'~te.m 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. 'and 3.!5.6.4.3.2. the 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 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. 36 Memorandum To: Board of County Commissioners From: Susan Murray, AICP, Current Planning Manager Date: December 9, 2002 Subject: LDC amendments for 1st BCC hearing, December 11, 2002 The attached document is part of the LDC amendment package that was delivered to you last week. Page 128 of the LDC amendment package referenced section 3.15 to be delivered under separate cover. The attached document is section 3.15. As such, both the original LDC amendment package and the attached package will be discussed at the meeting on December 11, 2002. If you have any questions please feel free to contact me. REVISED PLANNING COMMISSION VERSION - 12/05/02 (Changes from the Planning Commission are highlighted in Blue - (text addition are underlined and deletion are ............. 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: All 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 C~I ( ...... 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, m-hhe .~v~ /, ....... ~ ~""~ 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* 1 *Code reference--Adequate public facilities ordinance, 8 106-71 et seq. State law reference(s)--Concurrency, F.S. 8 163.3180. 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 ~ 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 l(f), Fla. Const., F.S. 8 125.01 et seq., F.S. 8 163.3161 et seq., F.S. 8 163.3161(8), F.S. 88 163.3177(10)(h) and F.S. 8 163.3202(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. 8 163.3161 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. 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. 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. Average annual daily traffic (AADT) shall be calculated consistent with the methodology established by the Florida Department of Transportation (FDOT). ~w,...a:.~ ~. ........ a ~.,~. a~,~ Peak hour is calculated as the lO0th high .......... s ....... s ................ est hour based on a 10-inonth period onfitting February and March which is generally equivalent to the 250th highest hour,,,.,~,,."-', for a 12-month period. For design of roadway capacity projects, the 30'h highest hour for a 12-month period at LOS "D" will be utilized. 3.15.3.4. Reserved. 3.15.3.5. 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 (LOS) for drainage facilities. 3.15.3.6. 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. 3.15.3.7. Capital road facilities or capital road improvement shall include transportation planning for, engineering for, right-of-way acquisition for,,~.,e,-..-~,~-~"~: .... -,~,;"~ c^~.,_,., and construction of any project eligible for inclusion as a road project in the road component of the Capital Improvement Element (CIE) of the Collier County Growth Management Plan or the Five-Year Florida Department of Transportation PI~ Work Program. 3.15.3.8 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. 3.15.3.9. 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. 3.15.3.10. 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. 3.15.3.11. 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. Seec., 3.15.3.22. 3.15.3.12. Constrained facilities are those roadways which have been so designated by action of the Board of County Commissioners (BCC) upon the 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. 3.15.3.12.1. Physical constraints exist when intensive land use development is immediately adjacent to existing through 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. 3.15.3.12.2. Environmental and policy constraints exist when decisions are made not to expand a road based on environmental, historical, archaeological, aesthetic or social impact considerations. Policy constraints are artificial barriers to roadway expansions based on environmental or political realities within a community. Unlike physical constraints, however, these barriers to roadway expansion can change over time, as needs and community goals change. 4 3.15.3.13. 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. 3.15.3.14. 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. 3.15.3.14.1. In determining the capacity of a county road segment or a state road segment for the purpose of determining whether it is a deficient road segment, the county shall consider: 1. Current roadway facilities including, but not limited to, number of lanes, provision of turn lanes 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 roadway system. 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. 3.15.3.4415. Developer means any person, including a governmental agency, undertaking any development as defined in this division. 3.15.3.4-516. Development agreement generally 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. 3.15.3.4617. Development has the meaning given it in F.S. § 380.04. 3.15.3.-1-g18. Development order means any order, permit, determination, or action granting, denying, or granting with conditions as art 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. 3.15.3.4-819. Final development order means a final local development order or a final DRI development order. 3.15.3.4-920. 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). 6 ....... ~;'~ unexpired a final approved 3.15.3.-2-021. Final local development order means ,,,v ...... subdivision plat, a final approved site development plan, or building permit or mobile home tie-down permit issued by the county. 3.15.3.LM-22. 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.-2-323. 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, impact fee, building construction, or sign regulations, or any other regulations controlling the development of land. 3.15.3.-2-324. 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 ~ the capacity per unit of demand for each public facility. 3.15.3.24.1__:. Level of service calculations for road facilities meang calculatic, n~ that are ~v: ......... ; ....., ...... , ,u ..... : .... , .... '~ ~' .....:~ fo p k h ffi m ................................................ ,,, ,~ ,,,o are r ea ourtra cona roadway segment for maximum service volumes at the adopted level of service. Peak hour is calculated as the 100th highest hour based on a 10 month period (omitting February and March) which is generally equivalent to the 250tN highest hour for a 12- month period~,..,,,,-j'~". For design of roadway_ capacity projects, the 30°~ highest hour for a 12-month period at LOS "D" will be utilized. 3.15.3.-2-524.2. 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.-2624.3. 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 $i,'79.99 7 $240 of capital investment per capita (at current cost) for recreational facilities. 3.15.3.g-7-24.4 LOS for capital potable water facilities varies between public water systems and private water systems. For the county water and sewer district 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 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,.o-~ ~.....~c^" ......o. except that approved private wells are exempt from these LOS requirements.'-: Country~,..~'"~ (b) ~ ..... (c) Pe .... ' ..... (a) Per ...... ~ ......... a .rcv:ded Hotels and motels (b) ~ fer~ Two Four ~ 0 ..... (per (b) *~ 3.15.3.2S24.5. LOS for capital road facilities on the major road network system are as set forth in Policy 1.1.5 of the Capital Improvement Element and Policy 1.4 of the Transportation Element of the Growth Management Plan..,n.:~, ~.,~o ,~-~v-~-.,~-,~,~ .... ~: ..... v...~ *~jv~ ..... ~r ~T'AI~T E;' lq~T~'TL 3.15.3.-2-924.6. The LOS for capital sanitary sewer facilities varies between public sanitary sewer systems and private sanitary sewer systems. The LOS for ~I'~]:V~UI[~ ~ ~the No~h Sewer Area is 145 gallons per capita per day (gpcd). The LOS for the South Sewer Area is 100 gallons per capita per day (gpcd). The LOS for the City of Naples Uninco~orated Service Area is 121 gallons per capita per day (gpcd). The LOS for private sanitary sewer systems is as required by the State of Florida in Chapter 10-D-6, F.A.C. These standards vary according to the type of land use. T~e5 ......~ ~o ~_~. o, except *h~*~.~ a~pproved private septic systems are exempt from ~ LOS requirements+: lO (0 Cra-fy ...... a Regular ~v Trailer/mobile 11 3.15.3.~,024.7. LOS for capital solid waste disposal facilities...,~u..,~o~ 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. 12 .15.3.__. or roa networ system means .......................................... ................ ; ........ those roads depicted in th~ traffic eire'ala:iaa Transportation E~lement of the Collier County Growth Management Plan. 3.15.3.26. ¢oak--s-~,'~pPeak hour for transportation concurrency determination is ....... s ........ e .... means the 100th highest hour on a roadway segment, omitting Febm~y~arch 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 Rese~ch Bo~d Highway Capacity Manu~ and the procedures and applications from the Florida Department of Transportation which is generally equivalent to the 250'" highest hour Ibr a 12-month period. For design of roadway capacity projects, the 30~h highest hour for a 12-month period at LOS "D" will be utilized. 3.15.3.3-2.27. 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. 13 3.1 5.3.~4.28. Public facilities mean capital drainage (surface water management 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. V,,l~o ~C ......... ;~" Reserved. 14 15 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 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 c,r abm:t D ......... .... ~'~- I ....... ~ ~' ..... j,,,~,, 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_. 16 3.15.6.2.1. Annual determination of adequate "Category A" public facilities ( y) r~ .... ~.~..~ r~ .... ~.~. ^*' ~ ..... tTh ity p d concurrenc. ............... w ,,, I ....... j ...._ e Commun Develo ment an Environmental Services Division Administrator will annually present the AUIR report to the Board of County Commissioners identifying deficiencies pv or potential deficiencies 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)~ 2. Public facility project additions to the financially feasible CIE; 3. r~c ....~ ^r .~ .... ~ .....~ ~: ........ 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. 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 for 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 an',/ASI designated areas or other areas subject to interim development controls. 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 Concurrency Management System database on a segment by segment basis factoring in all such development 17 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 ~ ~ annual update and amendment to the C~ as p~t of the annual growth management plan amendment cycle t~o~:-~ ~..~:~ .............. v ............. eo. ~ The recommendation will include the proposed public facilities needed to maintain ex~gdng adopted LOS stan ar s ~ ~ ........ v ................, v ................... AUm~.. ~ as well as recommendations for the annual budget, n~,~, I ~ ~"~ ...... h-' -'~ ;-~"'~ as to needed projects and suggested funding sources. ~ m~,,~.~ ~., *~ ~-~ ........... *.e;~ ~f *~ of Deficient or Constrained roadway segments. Deficient roadway segments may be designated as constrained whenever they meet the terms set forth in section 3.15.3.12. 3.15.6.4.1 E~4al~shffie~t- Regulation of defieiem growth along roadway segments designated constrained ..... ~ ~;~-;c:~* ;_n ...... r ~ egx ~ ,h~ v;~a; .... ~ ~ ~ ~m ......... ;__ , ~,c:~:, ...... ,,, .~ ...... , Roadway segments designated ........ v ...... e ........... 8 ........ _ once 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 the Level-of-Service stand~d for that road facility. Constrained roadway segments ~e subject to growth restrictions on development that 18 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 traffi'c impact o_f less than 1% o[ the peak hour service volume) impact 1-o on the deficient roadway segment(s) or for which the significant test in 3.15.6.4.3 below indicates that the development will generate more that a de minimis impact on the roadway segment(s), as 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 significant influence (ASI) for deficient road segments. 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 by the Board in the adopted re, a~ cc, mpe, ne, nt cf t4~ proposed annual CIE road component update,,,,,,_,~`4 --,m,~,~,~'~`4 .... ,4 ~.,,~,_~ ~.~,~,. ~,,~,~,,,~ .... ,4 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 3.15.6.5.1.2 of this division. 3.15.6.5.1.4. Standards in establishing area of significant influence (ASI). 3.15.5.~.2. I. ~. The boundaries for an ASI shall include the limits of the roadway segment(s) that are deficient ~'~ ~'"°~'~ ......... envele,?e" *~ .......... AO ~O; ..... a 19 3.15.6. 5. 1. 2 4~.. Review and approval of ASI by Board of County Commissioners. After receipt of the proposed boundaries of a potential ASI -w ......... from the . divkian Transpo~afion Services Division Administrator, the ~oard of ~oumy Commissioners, ~-' ' ........ i -~ ~ ..... shall hold a public hearing noticed pursuant to the requirements of P.S. ~ 12~.66(~):, and a After consideration of the proposal and public comment, the Board may approve the ~ designation of an ASI, 2O (including a map of the ~ impacted roadway segments) and the annual residual ..... ;,,, ,,;_~ ~ ,t,= ^ et with or without modifications, or determine that competent substantial evidence has been placed on the record to show that the road segment is not ~ deficient and find ~ that the establishment of an ASI is not necess~y to ensure that development orders are served by adequate road public facilities. The approved ~ s ..................... v .... ~ ,,-v will become effective upon adoption by the Board of County Commissioners.~.~- 1 of ~ )car if ................... ~ .............................. ~ ........ 3.15.6.5.1.3.4~. Map of areas of significant influence (ASI). A map showing the l~mdm4es-~ deficient roadway segment(s) within each ASI established by the Board of County Commissioners shall be kept in the Community Development and Environmental Services Division and the office of the Clerk to the Board of cammanity County Commissioners for review and inspection by the public during normal business hours. 3.15.6.5.1.4.4.-.5 Duration of established area of significant influence (ASI). Once the boundaries of an ASI are approved by the Board of County Commissioners, they are valid for one year;_, unless other-wise dissolved by the Board of County Commissioners or modified in a subsequent AUIR update.. 3.15.6.5.1.5.4~ 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, (i.e., an impact equal to or greater than 1% of the peak hour service volume) number of vehicle trips to a deficient roadway segment in 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 wouldu,~'~~ ,'~~enera*ea,,,XT~ c;_n~ ,~,, a .... , ..... ~ ~a ...... ~ ......... a ...;~ .... ,~ 3.15.6.5.1.6.4:-.-~. Dissolution of area of significant influence (ASI). If the additional ..... -:~'".. --.,c .... ....a .~ .... :..~a. ...c ........... ....o.........:-- ~.,-e If the Schedule of Capital Improvements is amended to include the needed roadway improvements or a Developer makes or commits to roadway improvement(s) in an enforceable development agreement needed to eliminate the classification of a road as a deficient ar _.,~_..u., a~v;~;._. v .......... v ..........road segment, then the ~ea of significant influence (ASI) established for that deficient ~ ~ road segment shall be dissolved by the Board of County Commissioners in the same manner in which it was established. Sec. 3.15.7. Regulatory program: review of development to ensure adequate public facilities are available, including the Transportation Concurrency Management System. 21 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 shait-be 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: 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 development 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. An .... :~: ......... r ..... u,:~ u~,,~, o~ .......... ,~ .....: .... c ......... ~ ............ v ............. , ..... : ................... 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. Original 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. 22 3.15.7.2.65. Original Ttemporary use permits and any subsequent renewals not to exceed a cumulative period of one year. 3.15.7.2.g6. Developments that claim vested status from the Growth Management Plan adopted January 10, 1989 and its implementing regulations, Any.~.~a a .... , ..... ~ ..,t. ................. : .... :~a ...... :"~ and ""'^ properly obtains determination of vested rights for a certificate of adequafe pPublic gFacilityies Adequacy .... , in accordance with the provisions of this section. 2.15.7.2.7. 3.15.7.2.g6.1. 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 shall accompany and be part of the application. The application shall, at a minimum, include: 3.15.7.2.g6.1.1. Name, address, and telephone number of the owner and authorized applicant if other than the owner; 3.15.7.2.g6.1.2. Street address, legal description, and acreage of the property; and 3.15.7.2.g6.1.3. All factual information and knowledge reasonably available to the owner and applicant to address the criteria established in section 3.15.7.2.g6.7. 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. 3.15.7.2.7-6_.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.g6.7. 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 3.15.7.2.7-6_.7. to the extent that information is represented or obtained or inclusion feasible or applicable. If the community development and 23 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.:36.4., 3.15.7.2.:36.5. and 3.15.7.2.:36.6. 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.:36_.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. 3.15.7.2.:7-6_.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 g_section 3.15.7.2.6.7.,7.2.7.7., and shall follow the rules of procedure set forth in geet4o~ F.S. § 120.57(1)(b), 4, 6, 7, and 8T;~c'~:'4~,,~,~,, ~,~-~,.~o,e~* ....... .~'~ ~.~.~.~c~;~ F.S. § 120.58(1)(a),(d) and (f)T~ ~4odda44,amt6~ and geeOo~ F.S. § 120.58(1)(b), r:~:,~n. ,,,.~,.,, o~,~,~,~o,e* ....... 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. Flori~a A~m~n'~trat~';c C~,~e 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 3.15.7.2.6.7.7.2.7.7. 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.:36.5. 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 .......... 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 3.15.7.2.6.7.7.2.7.7., and shall deny, grant, or grant with conditions the application for 24 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 3.15.7.2.6.7.7.2.7.7., 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.:745_.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 application and processing of an owner-initiated appeal shall be established at a rate set by the Board of County Commissioners from time to time and shall be charged to and paid by the owner or its authorized agent. The Board of County Commissioners shall adopt the Hearing Officer's determination of vested rights for a Certificate of Public Facility Adequacy , with or without modifications or conditions, or reject the Hearing Officer's determination of vested rights for a Certificate of Public Facility Adequacy . The Board of County Commissioners shall not be authorized to modify or reject the Hearing Officer's determination of vested rights for a Certificate of Public Facility Adequacy unless the Board of County Commissioners finds that the Hearing Officer's determination is not supported by substantial competent evidence in the record of the Hearing Officer's public hearing or that the Hearing Officer's determination of vested rights for a Certificate of Public Facility Adequacy is contrary to the criteria established in Ssection 3.15.7.2.6.7.7.2.7.7. 3.15.7.2.:36.7. 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. 25 3.15.7.2.:Z6.8. 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 this section 3.15.7.2.¢6., 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 th;.s section 3.15.7.2.=~6., and such development pursuant to a final development order, final subdivision plat, final site development plan, final subdivision master plan, or planned unit development master plan is continuing in good faith. The aforementioned 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 deferred 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, · ..... :~ certificate of public facility adequacy shall be issued concurrently with a~ the approval of the ...... 6 for ........ or next to occur of final localu ,v ,%velo"men·..~.~a~-. e;..~ .,~;.,:~;~- ~n~, c;~.n ~;,~ ~ .... ~ ..... ~ ~ .... ¢- ...... ~ ~"~;*;~"~ ........ ~ ..... ; ..... '";~ *~ ..... At the time a Certificate of Public Facility mdequac~ is issued, 50% of th~ estimate~ ~ ~ ~ transportation impact fees must be paid into the applicable Trust Fund pursuant to ~ 3.15.7.3.1.5 of this ordinance and such funds will be immediatel~ available; ...... ~ ....... ;*~ ~ for appropriation to implement ~ transpoaation capital improvements.; ~ncl=~n~ ma~s. Impact fees for all other Category "A" capital improvements shall be paid at the time of issu~ce of building permits at the rate currently applicable. 26 3.15.7.3.1.2. Traffic Impact Vesting Affirmation. The County will conduct a Traffic Impact Vesting Affirmation Review over the next six months to determine which developments are vel;ted for concurrency prior to implementation of these revisions to Division 3.15, are vested for transportation concurrency. 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 decrease the impact of the development through such methods as reducing density, making additional provisions for mixed use development to capture trips or providing additional transportation system interconnections may be considered without risking vesting status. Previously vested development may elect to maintain its current certification or opt to allow its escrowed transportation impact fees to be used under the revised concurrency certification process as provided in § 3.15.7.3.1.5 to establish concurrency certification in perpetuity. A developer, who opts into the provisions of the Adequate Public Facilities ordinance, as provided in 3.15.7.3.1.5, shall maintain its vesting status and capacity reservation associated with the existing certificate without additional traffic studies and shall be issued new certificates for concurrency and in perpetuity assuming 100% percent of the estimated impact fees based on the then existing rate schedule are paid. 3.15.7.3.1.2.1. Annual mid-year traffic monitoring report. A report detailing progress toward build-out of hhe development that has already received final development order, but is less than 90% built-out, shall be provided annually to indicate any revised estimates to initial build-out schedule and resulting traffic impact projections, and progress towards developer contribution requirements in a format established by the Administrator of the Community Development and Environmental Services shall be provided by mid-year for each year following execution of the final development order (SDP or FSP). 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, 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. Estimated ~ transportation impact fees for a development shall be paid into the Applicable Impact Fee Escr,ow Trust Funds in the amount estimated to be due as a prerequisite to the issuance of the final local development order(s) pem,ti,t~ for the development upon or prior to issuance of a certificate of public facility adequacy for the development ..... · ;" ~t.~ :.~ .... f ~;~.a. .......... ~;~.~;~. c .... ~fl~u~_, Developments that have paid estimated impact fees for all Category "m" facilities prior to ldate of ordinance], may elect to come under the provisions of this ordinance. Payment_ of T~ -~ ........ wJ.-~-~' ~"~ *~,.~ ~o,.-,~~o': .... a impact fees into the Impact Fee 27 Escrow Trust Fund prior to the effective date of this ordinance shall be applied as a credit towards the impact fees calculated and due as a prerequisite to the issuance of the l~4diffg-pe~ final local development order(s) for the development. If the Developer does not elect to come under the provisions of this ordinance, timpact fees paid into the Impact Fee Escrow Trust Fund prior to the effective date of this ordinance 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 ~,.,n,~: ...... :. ........ e, t, ....... final local development order(s) for the development. Fees paid as a prerequisite to the issuance of ~ final local development order(s) prior to these Division 3.15 revisions 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 and pay one-half (50%) of the estimated transportation impact fees due. Additionally, previously vested developments may elect to have escrowed fees applied against the one-half (50%) of estimated transportation impact fees as provided in 3.15.7.3.1.2. 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 transportation impact fees paid, 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. 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. Not later than 90 days prior to expiration of the Certificate of Public Facility Adequacy the County shall notify the Certificate of Public Facility Adequacy holder via 'f-aesimite registered mail that the remaining 50% balance of the estimated transportation impact fees are due, with the balance of the impact fees calculated at the rate schedule currently applicable. The Developer may elect to pay the balance of the estimated transportation impact fees for the entitlements for which the Certificate of Public Facility Adequacy 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 date for the remaining 50% balance of the estimated transportation impact fees due from a previously vested development that opts 28 in the revised concurrency certificate process as provided in 3.15.7.3.1.2., shall relate back to the date of the original certificates date of issuance. Once the balance of the transportation impact fees are paid, they 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 impact fee account shall be credited at the rate of the fees at the time of utilization. If the estimated impact fee account becomes depleted, the Developer shall pay the currently applicable transportation impact fee of each building permit as it is applied for. In the event that impact fees are unspent, they may be transferred to another approved project within the same [or adjacent] transportation impact fee district, provided any vested entitlements associated with the unspent 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 subsequent to adoption and rewrite of Chapter 3.15 will run in perpetuity provided provisions of 3.15.7.3.1.5 are met and that annual mid-year monitoring reports are filed as provided in 3.15.7.3.1.2.1 and all developer requirements established during zoning or as part of a developer contribution agreement are completed or properly tracking the commitment schedule. 3.15.7.3.2.1. Timing. An application for a Certificate of Public Facility Adequacy may only be submitted ~ 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 eEstimated 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). Additional impact fees may be due prior to issuance of the building ' ^ .... c..~.~ c .... ~.~ · ....~ permit(s)., ....................... r~'-, Fee The balance of transportation impact fees shall be due as provided l~r in 3.15.7.3.1.1. 3.15.7.3.2.g3. Consolidated application. A ~"';~'~; ...... :, c;,,~ o,,~,,~:,,;o;~_ _~ .... c:~.~ o.L.~o:*~ ....~a .... ,.~.vr-.~.~ ....... ~.~.~"~ A final local development order shall receive final approval only to the extent to which the proposed development receives a Ceertificate of _Ppublic __F_facility A_adequacy. The application for a C_certificate of Ppublic Ffacility Aadequacy may only be submitted with an application for development approval, where appropriate under this 29 division. An application for a Certificate of Public Facility Adequacy will receive final approval and a certificate will be issued concurrently with approval of a final local development order. 3.15.7.3.2.3.4 Assignability and transferability. An approved Cc--ertificate of Ppublic Ffacility Aadequacy shall run with the land associated with the corresponding development approval, and shall be assignable within the corresponding land of the approved a-pr-o~t~l e v e 1o p ment .......... 1 ,~m~ ...... 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 approved capacity. 3.15.7.3.2.45 Expiration. A C_certificate of P_public Ffacility 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 ~,demia4 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.~: 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 capacity to different lots or parcels in the same development will relate back to, and be calculated from, the original certificate's date of issuance. 3.15.7.3.2.4.5.1. For large developments as indicated below, a five year Certificate of Public Facility Adequacy for "Category A" facilities, except roads, may be obtained provided the Developer enters into an enforceable development agreement with the County. For dDevelopments comprised of more than 500 residential dwelling units, or fer a phased increment of development comprised of more than 150 residential dwelling units, or f-~ a commercial/industrial development of more than 100,000 square feet of gross leasable area is considered to be a large development.,-a A Cc-ertificate of Ppublic Ffacility 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_.,--pr~,qded-l~ 30 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 facility adequacy 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. 3.15.7.3.3. Effect of development agreement in conjunction with a certificate of public facility adequacy. Upon approval by the Board of County Commissioners, any applicant may 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 development 31 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. TheAn Application for a Certificate of Public Facility Adequacy c~ ~,, ........... ,, ............. v ...... shall be submitted in duplicate to the Community Development and Environmental Services Division Administrator. An application shall be submitted at the filing cf tke earliegt er for the next final local development order n .... ~ ....... ~ .... ~.,~n: ...... :* as specifically provided for under subsection 3.15.7.3.1.1. An application fee5 in an amount to be determined by the Board of County Co~issioners shall accompany and be pan 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 the Transportation Services Division Administrator. Although the application will have two major components (transportation and all other "Category A" facilities), 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 the entire Application 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, 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 th__Re a~ 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 component is complete within five business days. If it is determined that ~u .... ,:~.~: ...... ;~ ..... ~,~, ............... any component of the application is not complete, written notice via facsimile shall be ser-ved-o~ provided to the applicant specifying the deficiencies. The Community Development and Environmental Services Division Administrator and Transportation Services Division Administrator shall take no 32 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 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 gsection 3.15.7.3.5. The Transportation Services Administrator shall review and grant, or deny a certificate of adequate public facility for roads within twenty business days after the application is determined to be complete. _ Ave ................. Within 3.15.7.3.4.4. Appeal to of Public Facilities Determination. 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 *~'~ r~ ...... Public Fac ', ~a to the. ~..~..~..,,.~o ~ ............... ,-vv ................ 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 p~y evaluation. The third party shall be an outside consultant who has been previously approved by the county for the pu~ose of providing independent review and recommendations on public facility adequacy determinations. The Board of County Commissioners ~..~n~ ~:~:,:~. ~ ..... :~"~ ~ .... ~ c~: .... 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 pa~y testimony and public testimony in light of all the criteria set forth in 8section 3.15.7.3.5 of t~s ordinance. The Board of County Commissioners ~,,hn~ Fa~n:,:~. ~,~-~:~,:~ ~ .... ~ ~:-~ pt ................................. vv ................ shall ado the Community Development and Environmental Services Division Administrator's and the Transpo~ation Se~ices 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 ~d Environmental Services Division Ad~nistrator's and the Transportation Services Division Administrator's determination. The Board of County Commissioners ~..~n. c~:~:.~ ~.~:~,:~ shall not be authorized to modify or reject the Communi[y Development and Environmental Services Division Administrator's and the Transportation Services Division Administrator's determination unless the Board of County Commissioners ~,,hn~ ~:~:~:~. ~,~:~,:~ ~ .... ~ ~:**~ finds that the determination is not supported by substantial competent evidence or that the Community Development and Environmental Services Division Administrator's and the Transpo~ation Services Division Administrator's determination is contrary to the criteria established in 8section 3.15.7.3.5 of t~is ordinance. The decision of the Bo~d of County Commissioners Public ~:u.~. ~ ..... :~*:~ ~ .... ~ ~:"~ shall include findings of fact for each of the criteria. 33 3.15.7.3.4.5. Approval of Certificate; Payment for, and Cancellation of certificates. Upon notification by facsimile by the Community Development and Environmental Services Division Administrator or his designee and the Transportation Services Division Administrator or his designee, that an application for a Certificate of Public Facility Adequacy has been approved, 'an~ a Certificate one-half (50%) ag of the estimated transportation impact and .... '~--~ ~ .... ~ ..... * T~.. ~,,,~ .... ~:~_, ~.:~ ~ ~: .......... v ....... fees shall be paid. ~vv .............. ,.,;~ ~ ....... ,~ .... ~; .... ~ ..... ';~;"~ ~';~ ff the applicant do~s not pick up th~ Ce~ificat¢ and pay all applicable transportation impact fees within ~ 90 days of notification by facsimile by c~f~2 =~il, 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 buildin~ 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. 3.15.7.3.5.2.1. The sanitary sewer component shall be granted if any of the following conditions are met: 34 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 3.15.3.26.4-3:g-~. 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 of a final Site Development Plan, Final Subdivision Plat or building permit is issued. 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. 35 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 capacity is available based on the findings of the transportation ......... ~ ....... impact statement (TIS) an,~. ~ ...... which shall be based ccncurrcncy· ...... e, ......... v ~~~o~ of 3.15.6.4.1 ............. 3.15.6.5.1.6 and 3.15.7.3.5.7. and 3.15.7.3.5.7. Significance Test. Impact for traffic impact analysis pu~oses 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 servicc volume; 2. for those roadway segments immediately adjacent to segments which are directly accessed by the project where project traffic is greater than oc 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. .......... ~rovl out its ...... ;~ ,h~ ;-, .... * ~*~ public ......... ~ .... ~, · p .......... °uch ~u have the .... 36