Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
HEX Backup 03/23/2017
COLLIER COUNTY HEARING EXAMINER HEARINGS BACKUP DOCUMENTS FEBRUARY 23, 2017 THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, MARCH 23, 2417 IN CONFERENCE ROOM 610 AT I THE GROWTH MANAGEMENT DEPARTMENT; PLANNING & REGULATION BUILDING, 2800 N. HORSESHOE DRIVE, NAPLES, FLORIDA INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED 'TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALI., MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER 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. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. APPROVAL OF PRIOR MEETING MINUTES: 4. ADVERTISED PUBLIC HEARINGS: NOTE: This item has been continued from the March 9, 2017 HEX Meeting and the March 23, 2017 HEX Meeting to the April 13, 2017 HEX ryleetiniz. A. PETITION NO. VA-PL20160002992 - Mark Adrian Williams and Donna Marie Delvecchio request a variance from Ordinance 81-29, as amended, the Wyndemere PUD, to reduce the minimum rear yard setback on conventional single family lots from 10 feet to 6.2 feet for an existing pool screen enclosure and patio, located at Lot 50, The Lodgings at Wyndemere Section One subdivision, also described as 8 Bramblewood Point, in Section 19, Township 49 South, Range 26 East, Collier County, Florida, consisting of 0,33± acres. [Coordinator: Eric Johnson, Principal Planner] B. PETITION NO. PDI-PL20160001023 — Villas at Greenwood Lakes Homeowners Association, Inc. requests an insubstantial change to Ordinance No. 93-74 and Ordinance No. 98-73, as amended, the Windsong PUD, to amend the Master Plan to reconfigure the preserve area location on the east side of the PUD. The subject property is located on the northwest comer of the County Barn Road and Rattlesnake -Hammock Road intersection, in Section 17, Township 50 South, Range 26 East, Collier County, Florida. consisting of 37.6 acres. [Coordinator: Daniel J. Smith, AICD, Principal Planner] C. PETITION DR-PL2016001391 — Petitioner, Tamiarni Ford, Inc. requests approval of a site plan with deviations pursuant to LDC Section 10.02.03.F and seeks two deviations from LDC Section 5.05.08 C. relating to building design standards for a proposed Tamiami Ford redevelopment project consisting of 7.02± acres, located on the northeast comer of the Airport -Pulling Road and Mercantile Avenue, in Section 36, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator: Daniel J. Smith, AICD, Principal Planner] 5. OTHER BUSINESS 6. PUBLIC COMMENTS 7. ADJOURN HEX March 9, 2017 VA'PL20160002992 VViU/ams/De/Vecchin February 07, 2017 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on February 17, 2017 and furnish proof of publication to the attention of Eric Johnson, Principal Planner in the Growth Management Department, Zoning Divinion, Zoning Services Section, 2800 North Horseshoe Drive, Nmp|es, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION:ZONING [Zoning Services Section) FUND&COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500172052 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX)at 9:00 A.M.,on Thursday, March 9th,2017, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples Fl 34104,to consider: PETITION NO. VA-PL20160002992 - MARK ADRIAN WILLIAMS AND DONNA MARIE DELVECCI-110 REQUEST A VARIANCE FROM ORDINANCE 81-29, AS AMENDED, THE WYNDEMERE PUD, TO REDUCE THE MINIMUM REAR YARD SETBACK ON CONVENTIONAL SINGLE FAMILY LOTS FROM 10 FEET TO 6.2 FEET FOR AN EXISTING POOL SCREEN ENCLOSURE AND PATIO, LOCATED AT LOT 50, THE LODGINGS AT WYNDEMERE SECTION ONE SUBDIVISION, ALSO DESCRIBED AS 8 BRAMBLEWOOD POINT, IN SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,CONSISTING OF 0.33± ACRES. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101. Naples. Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida G) LIVINGSTON RD' 0 r a m z _ 0 m v 7 v....._ Q i ` IE 20 1 Acct #076397 February 7, 2017 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: VA-PL20160002992, Williams/DelVecchio (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice (w/Map) Friday, February 17, 2016 and send duplicate Affidavits of Publication, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500172052 February 07, 2017 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on February 17, 2017 and furnish proof of publication to the attention of the Board's Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, Florida. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section) FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500172052 Account Number: 076397 Authorized Designee signature for HEX Advertising NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,March 9th, 2017, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104,to consider: PETITION NO. VA-PL20160002992 - MARK ADRIAN WILLIAMS AND DONNA MARIE DELVECCHIO REQUEST A VARIANCE FROM ORDINANCE 81-29, AS AMENDED, THE WYNDEMERE PUD, TO REDUCE THE MINIMUM REAR YARD SETBACK ON CONVENTIONAL SINGLE FAMILY LOTS FROM 10 FEET TO 6.2 FEET FOR AN EXISTING POOL SCREEN ENCLOSURE AND PATIO, LOCATED AT LOT 50, THE LODGINGS AT WYNDEMERE SECTION ONE SUBDIVISION, ALSO DESCRIBED AS 8 BRAMBLEWOOD POINT, IN SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 0.33±ACRES. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida r \ / _ y ,. 0 LIVINGSTON•RD' i (1 m _ `\ 0 1 - , (l 1 , m T, 'HI I i �fl I i § I t E z i Martha S. Vergara From: Gori, Ivonne <Ivonne.Gori@naplesnews.com> Sent: Tuesday, February 07, 2017 12:41 PM To: Martha S.Vergara Subject: RE:VA-PL20160002992 Williams/DelVecchio Confirmed receipt. From: Martha S.Vergara [mailto:Martha.Vergara@collierclerk.com] Sent:Tuesday, February 07, 2017 11:48 AM To: NDN-Legals<Iegals@naplesnews.com> Subject:VA-PL20160002992 Williams/DelVecchio Hello, Please advertise the following attached ad Friday, February 17, 2017 (display ad w/map). Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara(acollierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk@collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 1 Martha S. Vergara From: Rodriguez, Wanda Sent: Tuesday, February 07, 2017 1:49 PM To: KulakPatricia; Minutes and Records Cc: JohnsonEric Subject: RE:Advertisement Request PL20160002992 HEX The ad request is good, OK to proceed. Wanda Rodriguez, MCP .advanced Certified ParalegaC Office of the County .attorney (239)252-8400 From: KulakPatricia Sent: Tuesday, February 07, 2017 9:56 AM To: Minutes and Records Cc: Ann P. Jennejohn; BellowsRay; BosiMichael; KendallMarcia; PageErin; NeetVirginia; RodriguezWanda; JohnsonEric Subject: Advertisement Request PL20160002992 HEX Good Morning, Please process the attached and acknowledge receipt at your earliest convenience. Thanks You, Patty Kulak Operations Coordinator—Zoning Division • Collier County Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 PatriciaKulak@colliergov.net Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 Martha S. Vergara From: Gori, Ivonne <Ivonne.Gori@naplesnews.com> Sent: Wednesday, February 08, 2017 11:38 AM To: Martha S. Vergara Subject: FW: 1479087 FW:VA-PL20160002992 Williams/DelVecchio Attachments: N D-1479087.pdf Please find attached a proof for your review and approval. Thanks! Ivonne 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,on Thursday,March 9th,2017,in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610, Naples FL 34104,to consider: PETITION NO.VA-PL20160002992 - MARK ADRIAN WILLIAMS AND DONNA MARIE DELVECCHIO REQUEST A VARIANCE FROM ORDINANCE 81-29, AS AMENDED, THE WYNDEMERE PUD, TO REDUCE THE MINIMUM REAR YARD SETBACK ON CONVENTIONAL SINGLE FAMILY LOTS FROM 10 FEET TO 6.2 FEET FOR AN EXISTING POOL SCREEN ENCLOSURE AND PATIO, LOCATED AT LOT 50, THE LODGINGS AT WYNDEMERE SECTION ONE SUBDIVISION,ALSO DESCRIBED AS 8 BRAMBLEWOOD POINT, IN SECTION 19,TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,FLORIDA,CONSISTING OF 0.33±ACRES. 1-75 - PROJECT LOCATION Ii # GOLDEN GATE PKY W_+E_ All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252- 8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida February 17,2017 ND•1479087 0 PROOF O.K.BY: 0 O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT:2/7/2017 10:02 PM SALES PERSON: Ivonne Gori PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE:02/17/17 ND-1479087.INDD SIZE:3 col X 9.25 in Martha S. Vergara From: Martha S. Vergara Sent: Wednesday, February 08, 2017 11:54 AM To: ericjohnson@colliergov.net; Rodriguez, Wanda Subject: VA-PL20160002992 -Williams/DelVecchio Attachments: ND-1479087.pdf Hello All, Attached for your review is the ad proof from NDN for the aforementioned petition. Please let me know of any changes needed. Thanks, Martha 1 Martha S. Vergara From: Rodriguez, Wanda Sent: Wednesday, February 08, 2017 1:24 PM To: Martha S. Vergara Cc: JohnsonEric; KulakPatricia Subject: FW:VA-PL20160002992 -Williams/DelVecchio Attachments: ND-1479087.pdf The ad proof looks good. Wanda Rodriguez, MCT Advanced Certified TaralegaC Office of the County Attorney (239)252-84.00 From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Wednesday, February 08, 2017 11:54 AM To: JohnsonEric; RodriguezWanda Subject: VA-PL20160002992 - Williams/DelVecchio Hello All, Attached for your review is the ad proof from NDN for the aforementioned petition. Please let me know of any changes needed. Thanks, Martha Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,on Thursday,March 9th,2017,in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610, Naples FL 34104,to consider: PETITION NO. VA-PL20160002992 - MARK ADRIAN WILLIAMS AND DONNA MARIE DELVECCHIO REQUEST A VARIANCE FROM ORDINANCE 81-29, AS AMENDED, THE WYNDEMERE PUD, TO REDUCE THE MINIMUM REAR YARD SETBACK ON CONVENTIONAL SINGLE FAMILY LOTS FROM 10 FEET TO 6.2 FEET FOR AN EXISTING POOL SCREEN ENCLOSURE AND PATIO, LOCATED AT LOT 50, THE LODGINGS AT WYNDEMERE SECTION ONE SUBDIVISION,ALSO DESCRIBED AS 8 BRAMBLEWOOD POINT, IN SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,FLORIDA,CONSISTING OF 0.33±ACRES. 1-75-- PROJECT LOCATION CL O co Z _ GATE PKY GOLDEN �\\ All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356,(239)252- 8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida February 17,2017 ND-1479087 ❑ PROOF O.K.BY: ❑ O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT:2/7/2017 10:02 PM SALES PERSON: Ivonne Gori PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE:02/17/17 ND-1479087.INDD SIZE:3 col X 9.25 in Martha S. Ver9ara From: Martha S. Vergara Sent: Wednesday, February 08, 2017 1:36 PM To: 'Gori, Ivonne' Subject: RE: 1479087 FW: VA-PL20160002992 Williams/DelVecchio Hi Ivonne, This ad proof has been reviewed and approved by the legal department. Please proceed with publishing as requested. Thanks, Martha From: Gori, Ivonne [mailto:Ivonne.Gori@naplesnews.com] Sent: Wednesday, February 08, 2017 11:38 AM To: Martha S. Vergara <Martha.Vergara@collierclerk.com> Subject: FW: 1479087 FW:VA-PL20160002992 Williams/DelVecchio Please find attached a proof for your review and approval. Thanks! Ivonne 1 Martha S. Vergara From: JohnsonEric <EricJohnson@colliergov.net> Sent: Friday, February 10, 2017 4:02 PM To: Martha S. Vergara; Rodriguez, Wanda Cc: Stone, Scott Subject: RE:VA-PL20160002992 - Williams/DelVecchio Attachments: ND-1479087.pdf The ad looks good to me, although Scott may want to make sure if he needs to add the word, "pool." Respectfully, Eric L. Johnson, AICP, CFM, LEED Green Associate Principal Planner From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent:Wednesday, February 08, 2017 11:54 AM To:JohnsonEric<EricJohnson@colliergov.net>; RodriguezWanda <WandaRodriguez@colliergov.net> Subject: VA-PL20160002992 -Williams/DelVecchio Hello All, Attached for your review is the ad proof from NDN for the aforementioned petition. Please let me know of any changes needed. Thanks, Martha Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 Martha S. Ver9ara From: Stone, Scott Sent: Friday, February 10, 2017 4:27 PM To: JohnsonEric; Martha S. Vergara; Rodriguez,Wanda Subject: RE:VA-PL20160002992 - Williams/DelVecchio The ad matches the approved title. I was told the pool does not encroach into the setback. Scott A. Stone Assistant County Attorney Collier County Attorney's Office (239) 252-5740 From: JohnsonEric Sent: Friday, February 10, 2017 4:02 PM To: Martha S. Vergara; RodriguezWanda Cc: StoneScott Subject: RE: VA-PL20160002992 - Williams/DelVecchio The ad looks good to me, although Scott may want to make sure if he needs to add the word, "pool." Respectfully, Eric L.Johnson, AICP, CFM, LEED Green Associate Principal Planner From: Martha S.Vergara [mailto:Martha.Vergara@collierclerk.com] Sent:Wednesday, February 08, 2017 11:54 AM To:JohnsonEric<EricJohnson@colliergov.net>; RodriguezWanda <WandaRodriguez@colliergov.net> Subject: VA-PL20160002992 -Williams/DelVecchio Hello All, Attached for your review is the ad proof from NDN for the aforementioned petition. Please let me know of any changes needed. Thanks, Martha Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 4 apLr Daily ? ruIj'i NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples,in Collier Coun- ty,Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre- ceding the first publication of the attached copy of advertisement;and affiant further says that he has neither paid nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# COLLIER COUNTY HEX 1479087 PUBLIC HEARING Pub Dates February 17,2017 iG �t � �„e7 (Sign ure of affiant) Sworn to and subscribed before me 1 �,.seir"��'Lj�,, IVONNE GOBI This February 4,2017 ( �-1 Notary Public-state of Florida • 1 �•��-0 g Commission *fF 900ey0 ' -, , ( cF My Comm.Expires Jul 16,2019 • Jr:0" Bonded through National Notary Rum AMI t. (Signatur of affiant) ' 10A Friday.February 17,2017 Naples Daily News Moon is star of House NOTICE OF Notice is hereby given that a public PUBLICHEARING hearing willbeheld by the Collier County Hearing aminer(HEX)at A.M.,on Thursday,March 9th,2017,in the hearing on NASA future Examiner'sto Meeting Room,at 2800 North HorseshoeDrive, oom 609/610,Naples FL VEDYARD KING PETITION NO.VA-PL20180002992-MARK ADRIAN WILUAMS AND DONNA MARIE SA TODAY NETWORK-FLORIDA ! DELVECCHIO REQUEST A VARIANCE FROM ORDINANCE 81-29,AS AMENDED, WASHINGTON•The Oklahoma law- THE WYNDEMERE PUD, TO REDUCE THE MINIMUM REAR YARD SETBACK maker considered the front-runner to be ,. .M `` ON CONVENTIONAL SINGLE FAMILY LOTS FROM 10 FEET TO 6.2 FEET FOR AN NASA's next administrator wants the U.S. EXISTING POOL SCREEN ENCLOSURE AND PATIO,LOCATED AT LOT 50,THE to re-establish its dominance on and LODGINGS AT WYNDEMERE SECTION ONE SUBDIVISION,ALSO DESCRIBED AS 8 around the moon. BRAMBLEWOOD POINT,IN SECTION 19,TOWNSHIP 49 SOUTH,RANGE 26 EAST, "We all want to get to Mars in 2033,(but COLUER COUNTY,FLORIDA,CONSISTING OF 0.331 ACRES. the moon)is critically important to the geopolitical position of the United States ' of America,"GOP Rep.Jim Bridenstine II said Thursday."Mars is the horizon goal. - It's criticaL We need to get there.The - ,. I45 PROJECT moon,I believe,is necessary." Bridenstine's comments,made during - LOCATION a House Science,Space and nology •EthZ Committee hearing on NASA's future,add AP FILE PHOTO 6 more fuel to the speculation that the Rep.Jim Bridenstine,R-Ore.,says returning to r 'Frump administration favors a return to the moon is"critically important to the to - the moon that President Barack Obama geopolitical position of the United States." Z largely abandoned due to cost concerns. E The space program did not get much attention in last year's presidential race. Judging by the tenor of Thursday's But those advising President Donald hearing,there's a strong sense that a re- T ump on the future of the space program turn to the moon would provide the public 1___-____GOLDEN GATE PKY ,,+_ have touted a return to the lunar surface morale boost that America's space pro- —which astronauts last visited in 1972— gram has been missing for decades. which is a sore point for some. The biggest obstacle is cost.But back- All interested parties are invited to appear and be heard.At materials used in Noboots-on-the-ground human explo- errs of a moon mission believe aerospace ration venture has been accomplished firms have made enormous technological presentation before the Hearing Examiner will become a permanent part of the record. since Apollo 17,44 years ago,'Tom Young, progress in the past decade and may be former director of NASA's Goddard able to help blunt the expense through in- Copies of staff report are available one week prior to the hearing.The file can be Spaceflight Center in Maryland,told the novation and cost-sharing. reviewed at the Collier County Growth Management Department,Zoning Division, committee."We have the opportunity to Even if a lunar landing becomes a mis- Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. rectify this disappointment in the next sion again,getting there could take years. couple of decades." Former U.S.Sen.(and Apollo l7 astronaut) The Hearing Examiner's decision becomes final on the date rendered.If a person Trump has given no indication when he Harrison Schmitt,who supports a moon decides to appeal any decision made by the Collier County Hearing Examiner with will name a new administrator for the mission,told the committee it might not respect to any matter considered at such meeting or hearing,he will need a record of space agency. be until 2025. that proceeding,and for such purpose he may need to ensure that a verbatim record There sebe widespread support Prospects of returning astronauts to of the proceedings is made,which record includes the testimony and evidence upon —certainlyly ms to among Republicans—for a deep space were boosted Wednesday by return to the lunar surface that would in- NASA acting AdministratorRobertLfight- which the appeal is to be based. dude some sort of permanent presence.If foot's announcement that the agency will cost allows. study the feasibility of including crew on If you are a person with a disability who needs any accommodation in order to Shortly after he took office,Obama the first integrated flight of the Space participate in this proceeding,you are entitled,at no cost to you,to the provision of canceled the Constellation program that Launch System rocket and Orion space- certain assistance.Please contact the Collier County Facilities Management Division would have returned astronauts to the craft,rather than wait several years. located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356,(239)252- moon,after a panel of experts warned the Thomas Stafford,who commanded the 8380,at least two days prior to the meeting. cost of a vehicle to ferry astronauts to the Apollo 10 mission that in 1969 performed surface was prohibitive. the first orbit around the moon,urged law- But the moon has crept back in vogue, makers to return to the scene of one of Mark Strain, given China's increasing designs on win- America's greatest accomplishments. ring the space race,the notion that there "I know it's not been fashionable to talk Chief Hearing Examiner are commercial possibilities associated about the moon,"he told the committee. Collier County,Florida with a lunar settlement,and the ability to "But the moon is important." conduct important deep-space research Contact Ledyard King at iking@gan- useful for the eventual mission to Mars. nett.com;Twitter:@ledgeking. i rwry,ry 17.2(11 No-tawn NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A,M.,on Thursday,March 911,2017,in the Hearing Hearing Examiner(HEX)at 9:00 A,M.,on Thursday,March 9th,2017,in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/810,Naples FL Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider: 34104,to consider: PETITION NO.BD-PL20160000357-MICHAEL WHALEN REQUESTS APPROVAL OF PETITION NO.VA-PL20160001264-PAULINE CHRISTIE REQUESTS A VARIANCE A BOATHOUSE PURSUANT TO SECTION 5.03.06 F.OF THE LAND DEVELOPMENT FROM SECTION 4.02.01,TABLE 2.1 OF THE LAND DEVELOPMENT CODE TO CODE,FOR A NEW BOATHOUSE LOCATED ON LOT 4,BLOCK F,BROOKSIDE REDUCE THE MINIMUM SIDE YARD SETBACK FROM 30 FEET TO 18.8 FEET FOR A SUBDIVISION UNIT N0.3.PLAT N0.2,ALSO DESCRIBED AS 1792 HOLIDAY LANE, PROPOSED POOL SCREEN ENCLOSURE IN THE ESTATES ZONING DISTRICT.THE ON THE WEST SIDE OF HOLIDAY LANE,JUST NORTH OF ESTEY AVENUE,IN SUBJECT PROPERTY IS LOCATED AT 5095 PALMETTO WOODS DRIVE,ON THE SECTION 2,TOWNSHIP 50 SOUTH,RANGE 25 EAST,COLDER COUNTY,FLORIDA, NORTH SIDE OFN BOULEVARD,PAL1EIN SECTIONE DE,APPROXIMATELY TOWNHI49ONE-THIRD RANGE MILE EAST OF LAGAN IN 9,TOWNSHIP 49 SOUTH, 26 EAST,COLLIER COUNTY,FLORIDA,CONSISTING OF 2.271 ACRES. co IY - W PROJECT LOCATION CO LOCIETICTON \r1 J O NR pGolden Gate BLVD W N 0 1-5 m m rn J Tg41 DAVIS BLVD T R.,F Pine Ridge RD All interested parties are invited to appear and be heard. All materials used in /o presentation before the Hearing Examiner will become a permanent part of the record. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division. Copies of staff report are available one week prior to the hearing. The file can be Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. reviewed at the Collier County Growth Management Department,Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with The Hearing Examiner's decision becomes final on the date rendered. If a person respect to any matter considered at such meeting or hearing,he will need a record of decides to appeal any decision made by the Collier County Hearing Examiner with that proceeding,and for such purpose he may need to ensure that a verbatim record respect to any matter considered at such meeting or hearing,he will need a record of of the proceedings is made,which record includes the testimony and evidence upon that proceeding,and for such purpose he may need to ensure that a verbatim record which the appeal is to be based. of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of If you are a person with a disability who needs any accommodation in order to certain assistance. Please contact the Collier County Facilities Management Division participate in this proceeding,you are entitled,at no cost to you,to the provision of located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356,(239)252- certain assistance, Please contact the Collier County Facilities Management Division at two days i prior the mune 10g. located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356,(239)252- 8380,at least two days prior to the meeting, Mark Strain, Mark Strain, Chief Hearing Examiner Chief Hearing Examiner Collier County,Florida Collier County,Florida Folumn,O.2012 No-loam rsaruary11,2011 No-1am11 7 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County searing Examiner(HEX)at 9:00 A.M.,on Thursday,March 9th,2017, in the Hearing xaminer's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 4104, to consider: 'ETITION NO. VA-PL20160002992 - MARK ADRIAN WILLIAMS AND DONNA MARIE )ELVECCHIO REQUEST A VARIANCE FROM ORDINANCE 81-29, AS AMENDED, 1HE WYNDEMERE PUD, TO REDUCE THE MINIMUM REAR YARD SETBACK 0 )N CONVENTIONAL SINGLE FAMILY LOTS FROM 10 FEET TO 6.2 FEET FOR AN EXISTING POOL SCREEN ENCLOSURE AND PATIO, LOCATED AT LOT 50, THE _ODGINGS AT WYNDEMERE SECTION ONE SUBDIVISION,ALSO DESCRIBED AS 8 IRAMBLEWOOD POINT, IN SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST, OLLIER COUNTY, FLORIDA, CONSISTING OF 0.33±ACRES. a I-75 PROJECT LOCATION Z O v) Z J ----°-----. GOLDEN GATE PKY N S All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252- 8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida February 17,2017 ND-1479087 PDI—PL20160001p23 HEX 3-23-2017 VILLAS AT GREENWOOD LAKES HOA Ann P. Jenneiohn From: KulakPatricia <PatriciaKulak@colliergov.net> Sent: Tuesday, February 21, 2017 3:44 PM To: Minutes and Records Cc: Ann P. Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; PageErin; Neet, Virginia; Rodriguez, Wanda; Smith, Daniel Subject: Advertisement Request PL20160001023 HEX Attachments: 2x3 Map.pdf; Ad Request.docx; Signed Ad Request.pdf Good Afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Thank you, Patty Kulak Operations Coordinator—Zoning Division Collier County Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 PatriciaKulak@coIIiergov.net 1 February 21, 2017 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday March 3, 2017 and furnish proof of publication to the attention of Daniel Smith, Principal Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 114 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section} FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500172052 Account Number: 076397 �Ex' &Ir�- Authorized Designee signature for HEX Advertising NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, March 23rd, 2017, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples F134104, to consider: PETITION NO. PDI-PL20160001023 — VILLAS AT GREENWOOD LAKES HOMEOWNERS ASSOCIATION, INC. REQUESTS AN INSUBSTANTIAL CHANGE TO ORDINANCE NO. 93-74 AND ORDINANCE NO. 98-73, AS AMENDED, THE WINDSONG PUD, TO AMEND THE MASTER PLAN TO RECONFIGURE THE PRESERVE AREA LOCATION ON THE EAST SIDE OF THE PUD. THE SUBJECT PROPERTY IS LOCATED ON THE NORTHWEST CORNER OF THE COUNTY BARN ROAD AND RATTLESNAKE -HAMMOCK ROAD INTERSECTION, IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 37.6 ACRES. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida Ann P. Jennejohn From: Sent: To: Cc: Subject: Attachments: The ad request is good. -Wanda Rodriguez, MCP .Advanced Certified ParategaC Office of the County .Attorney (239) 252-8400 Rodriguez, Wanda Tuesday, February 21, 2017 4:25 PM Minutes and Records KulakPatricia; Smith, Daniel; Stone, Scott re: Advertisement Request PL20160001023 HEX 2x3 Map.pdf, Ad Request.docx; Signed Ad Request.pdf From: KulakPatricia Sent: Tuesday, February 21, 2017 3:44 PM To: Minutes and Records Cc: Ann P. Jennejohn; BellowsRay; BosiMichael; KendallMarcia; PageErin; NeetVirginia; RodriguezWanda; SmithDaniel Subject: Advertisement Request PL20160001023 HEX Good Afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Thank you, Patty Kulak Operations Coordinator—Zoning Division Collier County Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 PatriciaKulak@colliergov.net Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Ann P. Jennejohn From: Sent: To: Subject: Good Morning, I'll send the proofs for both of these HEX ads a.s.a.p. Thank you! Ann Jennejokn, Deputy Clerk Clerk of the Circuit Court Ann P. Jennejohn Wednesday, February 22, 2017 8:44 AM 'KulakPatricia'; Smith, Daniel; Rodriguez, Wanda RE: Ad Request PL20160001023 & DR-PL20160001391 (3-23-17 HEX) Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. 239-252-8406 Fax 239-2521-8408 From: KulakPatricia [mailto:PatriciaKulak@colliergov.net] Sent: Tuesday, February 21, 2017 3:44 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc: Ann P. Jennejohn <Ann.Jennejohn@collierclerk.com>; Bellows, Ray <RayBellows@coIliergov.net>; Bosi, Michael <MichaelBosi@colliergov.net>; Kendall, Marcia <MarciaKendall@colliergov.net>; PageErin <ErinPage @colIiergov.net>; Neet, Virginia <VirginiaNeet@colliergov.net>; Rodriguez, Wanda <WandaRodriguez@colliergov.net>; Smith, Daniel <DanielSmith@colliergov.net> Subject: Advertisement Request PL20160001023 HEX Good Afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Thank you, Patty Kulak Operations Coordinator —Zoning Division Collier County Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 PatriciaKulak@colliergov.net Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request. do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 Account #076397 February 22, 2017 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PDI-PL20160001023, Villas at Greenwood Lakes Dear Legals: Please advertise the above referenced notice on Friday, March 3, 2017 and send the Affidavit of Publication, to this office. Thank you. Sincerely, Ann Jennej ohn, Deputy Clerk P.O.#4500172052 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, March 23, 2017, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: PETITION NO. PDI-PL20160001023 — VILLAS AT GREENWOOD LAKES HOMEOWNERS ASSOCIATION, INC. REQUESTS AN INSUBSTANTIAL CHANGE TO ORDINANCE NO. 93-74 AND ORDINANCE NO. 98-73, AS AMENDED, THE WINDSONG PUD, TO AMEND THE MASTER PLAN TO RECONFIGURE THE PRESERVE AREA LOCATION ON THE EAST SIDE OF THE PUD. THE SUBJECT PROPERTY IS LOCATED ON THE NORTHWEST CORNER OF THE COUNTY BARN ROAD AND RATTLESNAKE - HAMMOCK ROAD INTERSECTION, IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 37.6 ACRES. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida Ann P. Jennejohn From: Ann P. lennejohn Sent: Wednesday, February 22, 2017 10:02 AM To: legals@naplesnews.com Subject: PDI-PL20160001023 (Display w/MAP) Attachments: PDI-PL20160001023.doc; PDI-PL20160001023.doc; PDI-PL20160001023.pdf Good Mornivg, Please advertise tke attacked Display (W/MAP) on Friday, March 3, 2017. Tkank you! Ann Jennejokm, Deputy Clerk Clerk of tke Circuit Court Clerk to tke Value Adjustment Board Collier County Board Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 1 Ann P. Jennejohn From: Ann P. Jennejohn Sent: Tuesday, February 28, 2017 5:12 PM To: Rodriguez, Wanda; Smith, Daniel; 'KulakPatricia' Subject: PDI-PL20160001023 & DR-PL2016001391 Attachments: FW: 1504353 FW: DR-PL20160001391 (Display w/MAP); FW: 1504361 FW: PDI- PL20160001023 (Display w/MAP) HI there, The proofs for the Tamiami Ford Petition and the Villas at Greenwood Lakes that will be advertised this Friday, March 3 for the March 23, 2.017 HEX Meeting is attached for review and approval. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. 239-2.52-8406 Fax 2.39-252-8408 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, March 23, 2017, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: PETITION NO. PDI-PL20160001023—VILLAS AT GREENWOOD LAKES HOMEOWNERS ASSOCIATION, INC. REQUESTS AN INSUBSTANTIAL CHANGE TO ORDINANCE NO. 93-74 AND ORDINANCE NO. 98-73, AS AMENDED, THE WINDSONG PUD, TO AMEND THE MASTER PLAN TO RECONFIGURE THE PRESERVE AREA LOCATION ON THE EAST SIDE OF THE PUD. THE SUBJECT PROPERTY IS LOCATED ON THE NORTHWEST CORNER OF THE COUNTY BARN ROAD AND RATTLESNAKE - HAMMOCK ROAD INTERSECTION, IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 37.6 ACRES. Davis BLVD.` -.. ❑ C OI J 00d co PROJECT LOCATION Thomassan,DR Rattlespake'Ramm4ckRD All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252- 8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida March 3, 2017 ND -1504361 ❑ PROOF O.K. BY: ❑ O.K. WITH CORRECTIONS BY: PLEASE READ CAREFULLY • SUBMIT CORRECTIONS ONLINE ADVERTISER: COLLIER COUNTY HEX PROOF CREATED AT: 2/28/2017 2:55 PM SALES PERSON: Ivonne Gori PROOF DUE: - ND-1504361.INDD PUBLICATION: ND -DAILY NEXT RUN DATE: 03/03/17 SIZE: 3 col X 9.25 in Ann P. Jennejohn From: Sent: To: Cc: Subject: Both proofs look good to me. -Wanda Rodriguez, .SCP .advanced Certified ParaiegaC Office of the County .attorney (239) 252-8400 RodriguezWanda <WandaRodriguez@colliergov.net> Wednesday, March 01, 2017 9:31 AM Ann P. Jennejohn Smith, Daniel; KulakPatricia RE: PDI-PL20160001023 & DR-PL2016001391 From: Ann P. Jennejohn[maiIto:Ann.Jennejohn@colIierclerk.com] Sent: Tuesday, February 28, 2017 5:12 PM To: RodriguezWanda; SmithDaniel; KulakPatricia Subject: PDI-PL20160001023 & DR-PL2016001391 HI there, The proofs For the Tamiami Ford Petition and the Villas at Greenwood Lakes that will be advertised this Friday, March 3 for the March 23, 2017 HEX Meeting is attached for review and approval. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. 239-252-8406 Fax 239-2-52-8408 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Ann P. Jennejohn From: Ann P. Jennejohn Sent: Wednesday, March 01, 2017 9:53 AM To: 'Gori, Ivonne' Subject: RE: 1504361 FW: PDI-PL20160001023 (Display w/MAP) Tkis one kas been approved also Ivonne. Please publisk tke notice tkis Friday, March 3, 2017. Tkanks again! Ann Jennejokn, Deputy Clerk Clerk of tke Circuit Court Clerk to tke Value Adjustment Board Collier County Board Minutes & Records Dept. 239-252-8406 Fax 2.39-252-8408 From: Gori, Ivonne [mailto:lvonne.Gori@naplesnews.com] Sent: Tuesday, February 28, 2017 4:34 PM To: Ann P. Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: FW: 1504361 FW: PDI-PL20160001023 (Display w/MAP) Please find proof attached for your review and approval. Thanks! Ivonne 1 NOTICE OF PUBLIC HEARING otice is hereby given that a public hearing will be held by the Collier County Hearing xaminer (HEX) at 9:00 A.M., on Thursday, March 23, 2017, in the Hearing Examiner's ieeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to onsider: 'ETITION NO. PDI-PL20160001023 -VILLASAT GREENWOOD LAKES HOMEOWNERS kSSOCIATION, INC. REQUESTS AN INSUBSTANTIAL CHANGE TO ORDINANCE JO. 93-74 AND ORDINANCE NO. 98-73, AS AMENDED, THE WINDSONG PUD, TO kMEND THE MASTER PLAN TO RECONFIGURE THE PRESERVE AREA LOCATION )N THE EAST SIDE OF THE PUD. THE SUBJECT PROPERTY IS LOCATED ON -HE NORTHWEST CORNER OF THE COUNTY BARN ROAD AND RATTLESNAKE- iAMMOCK ROAD INTERSECTION, IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 16 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 37.6 ACRES. Davis BLVD 0 Ofm 0 m E co � J t6 - 0] �6 m m C cu oPROJECT cz O U �F U U) LOCATION Thomassan,DR Rattlesnake Hammock RD w�E s All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252- 8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida NDA 50436' 1 9017 TCapttS 43 *111 TCtWS cit NaplesNews.com Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier Coun- ty, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of one year next pre- ceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline COLLIER COUNTY HEX Pub Dates March 3, 2017 1 t I T/�-- (Sign ure of affiant) Sworn to and subscribed before me This March 10 2017 4 Ts_ignatuI of affiant) P.O.# 1504361 PUBLIC HEARING 45-172052 ;, I'll" ,� IVONNE GOBI `� , Notary Public - State of Florida g Commission * FF 900810 My Comm. Expires Jul 16, 2019 ...a• 9onded through National Notary i scow Two other frump advisers spoke with Russian envoy STEVE REILLY Attorney General Jeff Sessions is not the only mem- ber of President Donald Trump's campaign who spoke to Russian Ambassador Sergey Kislyak at a diplomacy conference connected to the Republican National Con- vention in July. At least two more of the Trump campaign's national security officials also spoke with Kislyak at the event, and several more Trump national security advisers were in attendance. It's unknown what the Trump campaign officials who spoke with the ambassador—J.D. Gordon and Car- ter Page — discussed with him. Those who took part in the events in Cleveland said it is not unusual for presi- dential campaign teams to interact with diplomats. However, the newly revealed communications fur- ther contradict months of repeated denials by Trump officials that his campaign had contact with officials representing the Russian government. The Justice Department's acknowledgment Wednesday that Sessions spoke with Kislyak twice in 2016 has led to calls for him to recuse himself from in- vestigations into the Trump team's contact with Russia. By Thursday afternoon, Sessions said he would recuse himself. Multiple attendees at the Global Partners in Diplo- macy event in Cleveland said the contacts between dip- lomats and political officials are not unusual. The pro- gram schedule and social media photographs show am- bassadors from dozens of countries attended, alongside many of the original national security advisers to Trump's campaign. Gordon, who managed the advisory committee as the Trump campaign's director of national security, said that while he also spoke with Kislyak in Cleveland, it is not unusual for a presidential campaign to interact with diplomats. "I'd censiderit an informal conversation just like my interactions with dozens of other ambassadors and sen- ior diplomats in Cleveland," Gordon said. Page, another member of the Trump campaign's na- tional security advisory committee who also spoke with Kislyak in Cleveland, cited "confidentiality rules" in declining to say what he discussed with the ambasm- dor. "7 had no substantive discussions with him," said Page, who left the campaign later in the summer amid controversy about a speech he gave in Moscow in early July criticizing American foreign policy and sanctions against Russia. Hossein Khorram, an RNC delegate from Washing- ton state who wasn't part of Trump's campaign, attend- ed the diplomacy event and said it provided a forum for diplomats to share their concerns with GOP officials. After formal panel discussions, the attendees broke off into informal conversations. CLIFF OWE WAP Sergey Kislyak, Rnssia's ambassador to the U.S., spoke with at least two hump campaign officials besides Jeff Sessions. "Basically the ambassadors—including the Russian ambassador — they were expressing their, mainly, fears about the war on terror and collaborating with the United States," he said. "There was no promises made on behalf of the Trump administration." Sessions, Gordon and Trump campaign national se- curity advisory committee member Walid Phares all spoke on stage at the Global Partners in Diplomacy pro- gram July 20 in an auditorium at Case Western Reserve University, according to the program schedule and pic- tures posted on social media. Current Deputy National Security Advisor K.T. McFarland was also present at the day's sessions. Phares did not respond to email and phone requests for comment. Another member of the national security advisory committee who was at the Cleveland event, Joseph Schmitz, referred questions about his interac- tions with Russian officials to Trump spokeswoman Hope Hicks. Hicks has categorically denied any communication between the campaign and the Russian government. "The campaign had no contact with Russian officials," she said in November. The contacts came at a time when the U.S. intelli- gence community has concluded the Russian govern- ment was trying to influence the U.S. presidential elec- tion. The Democratic National Committee's computers had been hacked weeks before — in an intrusion U.S. investigators have said was orchestrated by the Rus- sian intelligence services — and the first batch of email s from that hack was published by Wikileaks on July 22. Since then, Russia's alleged interference in the elec- tion and contacts between the Trump campaign and Russian government officials have been at the center of ongoing investigations by multiple federal law en- forcement and intelligence agencies. NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HFJQ at 9:00 A.M., on Thursday, March 23, 2017, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: PETITION NO. PDI-PL20160001023-VILLAS ATGREEN WOOD LAKES HOMEOWNERS ASSOCIATION, INC. REQUESTS AN INSUBSTANTIAL CHANGE TO ORDINANCE NO. 93-74 AND ORDINANCE NO. 98-73, AS AMENDED, THE WINDSONG PUD, TO AMEND THE MASTER PLAN TO RECONFIGURE THE PRESERVE AREA LOCATION ON THE EAST SIDE OF THE PUD. THE SUBJECT PROPERTY IS LOCATED ON THE NORTHWEST CORNER OF THE COUNTY BARN ROAD AND RATTLESNAKE - HAMMOCK ROAD INTERSECTION, IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 37.6 ACRES. Davis BLVD `o K m j E e �` �- m S off' �I C PROJECT T'P! U N. LOCATION Thomassan,DRRattlesnake Hammock RD All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252- 8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida x.mn s, R1T No -'sous, Naples Daily News Friday, March 3, 2017 19A NOVICK LAW OFFICE PRACTICE LIMITED TO: of ESTATE PLANS ■ BUSINESS TAX PLANS ■ PROBATE OF ESTATES ATTORNEY ALAN S. NOVICK 1415 PANTHER LANE, SUITE 152 NAPLES, FL 34109 (239) 591-6609 Attorney Alan Novick Member al the FI.6d and Massachusetts M, Asao Rends Bar CHu'fied WIh,eB Truro and EA4, Ls .. a A•UP�-I"L:k M, srPaoUOL�PRSz¢ TE cxunsx SECOND ANNUAL FASHION SNOW CHARITY LUNCHEON ,-F aghion SC1oW BENEFITING COLLIER COUNTY CHARITIES PRICE: $40 SATURDAY, MARCH 25, 2017 12:00 PM Ri. JoxH'R KPI—PAL CHURCH 300 PARREHORE OR— N .., FL 96103 RESERVATIONS REQUIRED. rxo rrcarsw,u eeswnn,xsoawe, CALL: (239) 39T-R31a - NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, March 23, 2017, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: PETITION DR-PL2016001391 - PETITIONER, TAMIAMI FORD, INC. REQUESTS APPROVAL OF A SITE PLAN WITH DEVIATIONS PURSUANT TO LDC SECTION 10.02.03.F AND SEEKS TWO DEVIATIONS FROM LDC SECTION 5.05.08 C. RELATING TO BUILDING DESIGN STANDARDS FOR A PROPOSED TAMIAMI FORD REDEVELOPMENT PROJECT CONSISTING OF 7.02x ACRES, LOCATED ON THE NORTHEAST CORNER OF THE AIRPORT -PULLING ROAD AND MERCANTILE AVENUE, IN SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. PROJECT LOCATION 1`- Golden Gate PKWY Z K ❑ Z :CL O to o. g Radio RD All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252- 8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner zun Ho-lssuss AGENDA ITEM 4-13 Colyer County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: MARCH 23, 2017 SUBJECT: PETITION NO: PDI-PL20160001023 — VILLAS OF GREENWOOD LAKE PROPERTY OWNER/AGENT: Applicant: Villas of Greenwood Lake HOA, Inc. Richard P. Barry, President 6230 Shirley Street, #202, Naples, FL, 34109 REQUESTED ACTION: Agent: Jeff Nunner Nunner LLC. 8113 Lowbank DR., Naples, FL, 34109 Villas at Greenwood Lakes Homeowners Association, Inc. requests an insubstantial change to Ordinance No. 93-74 and Ordinance No. 98-73, as amended, the Windsong PUD, to amend the Master Plan to reconfigure the preserve area location on the east side of the PUD. GEOGRAPHIC LOCATION: The subject property is located on the northwest corner of the County Barn Road and Rattlesnake - Hammock Road intersection, in Section 17, Township 50 South, Range 26 East, Collier County, Florida, consisting of 37.6 +/- acres. (See page 2). PURPOSE/DESCRIPTION OF PRESERVE RELOCATION: The purpose of this petition is to request an amendment to the existing Windsong PUD, reconfiguring the existing preserves. This reconfiguration will allow for a wall to be placed along County Barn Road, and the preserve will be setback 30 feet from the PUD boundary. Reconfiguration of the preserve is needed in order to meet the required preserve setbacks and landscaping for the wall's construction (See proposed Master Plan on page 3). PDI-PL20160001023 Page 1 of 8 March 23, 2016 Davis BLVD PROJECT LOCATION F Hammock RDI v w CD N Location Map Zoning Map O r w Petition Number: PL -20160001023 Existing Master Plan WINDSONG WINDSONG PLANNED UNIT DEVELOPMENT AND ni sHINMA Y ----- PLANNEDUWroBVELOPMEwr Preserve Reduction Limits plwtDEMTNT AWAY 1 Na�Taw•. �+D i i % j� � gRcw.row worn INMMwATgN AEq DNEN STKE � .. / / 1 u nrx r. ,.mN tl wogAn VE tIMND NNHM Sit ' ! I NM ' � ( ' 1 141ryE NP1AN1 MENS a 61 NATNE RERnNi MEA wmrEArMw�SwAR��rErw l l NI`W I I t 1 f I urRANoruMARrtM NAM KPMNF MEAS Nat TNF i � _ AMREMN�EIEEREErO ��__ � ]TTAaVNT 4NOSSD4dfY LKNI. Existing Master Plan WINDSONG Proposed Master Plan PDI-PL20160001023 Page 3 of 8 March 23, 2016 N..wE NE iMT ATEA PLANNED UNIT DEVELOPMENT AND ni sHINMA Y plwtDEMTNT AWAY Na�Taw•. �+D i i % j� � gRcw.row worn INMMwATgN AEq DNEN STKE � .. / / 1 u nrx r. ,.mN tl wogAn VE tIMND NNHM Sit ' ! I NM ' � ( ' 1 141ryE NP1AN1 MENS a 61 NATNE RERnNi MEA ' 1 l l NI`W I DTNEN MN S/KI 0.51 SIH101A1 k1 Ek f I urRANoruMARrtM NAM KPMNF MEAS Nat TNF i � � ro1Aa ANSA KAes � ]TTAaVNT 4NOSSD4dfY LKNI. 'I STREET 8DWIOMRSMp WKK SM HAWK$ Mf MPAONIMARnIioumRIOMMEW MD NODMKAIAYN W KCOAEMNCF MMM'I1N MNEEWMENT FMOMM IN iNE 1 � I ll ITODOMRM .1........E. Preserve Relocation Area NUNNER. u.E EXHIBIT A PVD MASTER PLAN DECEMBER. 2018 � Y Proposed Master Plan PDI-PL20160001023 Page 3 of 8 March 23, 2016 HISTORY In 1988, a 37.6 acre PUD was approved for the subject property, changing the land use from Agriculture (A-2) to a mixed use PUD allowing for commercial, multi -family, and single family uses. In 1993, the Board of County Commissioners down -zoned the PUD, removing commercial uses and higher density residential. In 1998, a PUD to PUD rezone was approved, creating the Windsong PUD, allowing for 145 single-family residential homes while eliminating multi -family and assisted living units. The PUD also included 6.1 acres for the preserve requirement. Currently, the property is built out to 134 units with additional acreage undeveloped, allowing for reconfiguration of the preserve (See aerial below). SURROUNDING LAND USE & ZONING: SURROUNDING: North: Multi -family and single family homes with a zoning designation of RMF -6 and Riviera Golf Estates PUD. East: County Barn Road, mobile home park with zoning designation of MH. South: Rattlesnake Hammock Rd., multi -family homes with a zoning designation of RMF -16. West: Multi -family homes with a zoning designation of RMF -6. PDI-PL20160001023 Page 4 of 8 March 23. 2016 PLANNED UNIT DEVELOPENT INSUBSTANTIAL CHANGE CRITERIA: There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor. An insubstantial change includes any change that is not considered a substantial or minor change. An insubstantial change to an approved PUD Ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1. The criteria and response to each criterion are listed below as follows: SECTION 10.02.13.E.1 a. Is there a proposed change in the boundary of the Planned Unit Development (PUD)? No, there is no proposed change to the boundary of the PUD. b. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? There is no increase to the total number of dwelling units, intensity of land uses, or height of buildings within the development. C. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such, or five (5) acres in area? No. The applicant is still proposing an equivalent amount (+ 20,400 square feet) of preserve in the reconfiguration. There will be no decrease in overall preserve area. d. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open space), or a proposed relocation of nonresidential land uses? No. e. Is there 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? No. f. Will the change 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? No g. Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? PDI-PL20160001023 Page 5 of 8 March 23, 2016 No. The proposed changes would not increase stormwater retention or stormwater discharge from that which was already contemplated. The applicant will be required to submit all appropriate information to SFWMD should this change necessitate modifications to the permitted stormwater management system. h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No. i. Are there any modifications 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 elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? No. j. The proposed change is to a PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec. 380.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)9e)2., F.S., 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 Sec. 2.7.3.5.4 or Sec. 2.7.3.5.6 of this Code. Im k. Are there any modifications 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)10.02.13 E.? No. Approval by the Hearing Examiner shall be based on the findings and criteria used for the original application and action should be taken at a regularly scheduled meeting. SECTION 10.02.13.E.2 Does this petition change the analysis of the findings and criteria used for the original application. No. The proposed Master Plan has an equivalent amount of acreage as the original Master Plan for perseveration area (See Attachment 3). PDI-PL20160001023 Page 6 of 8 March 23, 2016 F Conservation and Coastal Management Element (CCME): Environmental Planning staff found this project to be consistent with the Conservation & Coastal Management Element (CCME). A minimum of 6.1 acres of native vegetation are required to be retained for the PUD. ENVIRONMENTAL REVIEW: Environmental Planning staff has reviewed the petition and PUD master plan to address environmental concerns. Pursuant to the PUD document (Ordinance No. 98-73), minimum of 6.1 acres of native vegetation are required to be retained for the PUD. The project does not require Environmental Advisory Council (EAC) review, since it does not meet the EAC scope of land development project reviews identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances. TRANSPORTATION REVIEW: Transportation staff has reviewed the petition and the PUD Documents and approves this request. There are no new accesses or units proposed that would impact transportation. NEIGHBORHOOD INFORMATION MEETING (NIM): On February 9, 2017 a Neighborhood Information Meeting (NIM) was conducted and there were no objections noted by staff. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report on March 10, 2017. STAFF RECOMMENDATION: Staff recommends the Collier County Hearing Examiner (HEX) approve Petition PDI- PL20160001023 Windsong PDI for the reconfiguration of part of the existing preserve according to the plan submitted. Attachments 1: PUD Exhibits 2: Existing PUD Ordinance 3: 1998 PUD Findings and Executive Summary 4: Relocation detail 5: E-mails 6: Application and Backup Material PDI-PL20160001023 Page 7 of 8 March 23, 2016 7 DANIEL JAMPS SMITH, AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: A, 7 RAYMON V. BELLOWS, ZONING MANAGER IJATE ZONINGDIVISION -31d' MICHAEL BOSI, AICP, DIRECTOR DATE ZONING DIVISION PDI-PL20160001023 Page 8 of 8 March 23, 2016 Co er County n COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliergov. net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 Pre -Application Meeting Notes Petition Type: PDI Date and Time: 4/19/2016 Assigned Planner: Daniel ,lames Smith Engineering Manager (for PPL's and FP's): Project Information Project Name: Villas at Greenwood Lake PL#: PL20160001023 Property ID #: 80490800128 Current Zoning: Windsong Project Address: City: State: Zip: Applicant: Agent Name: Jeff Nunner Phone: Agent/Firm Address: City: State: Zip: Property Owner: Please provide the following, if applicable: i. Total Acreage: ii. Proposed # of Residential Units: iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: V. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: Attachment 6 WW I COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.collierRov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 ■rte �7►��'� JTT rte- f__ Co er County - COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colligrgov.net (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: PUD Insubstantial Change Chapter 3 G.3 of the Administrative Cade The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets .at " �rrantati. attached to eacn section. incomple[C REQUIREMENTS FOR REVIEW COPIES REQUIRED REQORED Completed Application (download current form from County website) 16 Pre -Application Meeting notes 1 Project Narrative, including a detailed description of proposed changes 16 ❑ and why amendment is necessary Detail of request ❑ Current Master Plan & 1 Reduced Copy Revised Master Plan & 1 Reduced Copy Li Revised Text and any exhibits PUD document with changes crossed through & underlined PUD document as revised with amended Title Page with Ordinance # Warranty Deed LLI Legal Description Boundary survey, if boundary of original PUD is amended If PUD is platted, include plat book pages List identifying Owner & all parties of corporation 2 Affidavit of Authorization sined & notarized 2 i ornpieted Addressing Checklist 1 Copy of 8 %z in. x 11 in. graphic location map of site 1 Electronic copy of all documents and plans ❑ ❑ ❑ *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC BEARING PRULt13: • Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 6/17/2015 Page 4 of 5 CAer County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collieraov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 2S2-6358 PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: I School District (Residential Components): Amy i El Lockheart Bayshore/Gateway Triangle Redevelopment: Executive Director Utilities En ineering: Kris VanLengen Parks and Recreation: Vicky Ahmad Emergency Management: Dan Summers Naples Airport Authority: Ted Soliday F1 I Conservancy of SWFL: Nichole Ryan Other: City of Naples: Robin Singer, Planning Director 101 Other: FEE REQUIREMENTS 771 ❑ PUD Amendment Insubstantial (PDI): $1,500.00 ❑ Pre -Application Meeting: $500.00 ❑ Estimated Legal Advertising fee for the Office of the Hearing Examiner: $925.00 The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Applicant/Owner Signature Date Applicant/Owner Name (please print) 6/17/2015 Page 5 of 5 Gi er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 WWW.collientov.net (239) 252-2400 Pre -Application Meeting Sign -in Sheet PL #: T-1,2( l (A Q©O I0 0�.3 Collier County Contact Information: Review Discipline Phone Email Name Environmental Review 252-2497 davidanthany@collie ov.net i ❑ Anthon David Environmental Review 252-6290 summerbrownaraque@colliergov.net SummerAraque E] Steve Baluch Transportation Planning -252-2361 StephenBaluch@colliergov.net ❑ Burtchin ROW Permitting 252-5165 markburtchin@collie ov.net Mark Utility Billing 252-5543 eo ecascio@collier ov.net ❑ George Cascio ❑ Heidi Ashton Cicko ❑ Dale Fey Managing Asst. County Attorney North Collier Fire Safety 252-8773 heidiashton@collie ov.net dalefev@collierRov.net ❑ Eric Fey, P.E. ❑ Paula Fleishman ❑ Michael Gibbons ❑ Nancy Gundlach, AICP, PLA ❑ Shar Hingson ❑ John Houldsworth Utility Plan Review Impact Fee Administration Structural/Residential Plan Review Zoning Services East Naples Fire District Engine ring Services 252-2434 252-2924 252-2426 252-2484 687-5650 252-5757 eridey@colliergDv.net paulafleishman@colliergov.net michaelRibbons@colliergov.net nancy undlach@colliergov.net shingson@ccfco.org johnhouldsworth@coiriergov.net ❑ Jodi Hu hes Transportation Pathways 252-5744 jodihughes@colliergov.net ❑ Alicia Humphries Right -Of -Way Permitting 252-2326 aliciahumphries@colliergov.net ❑ Marcia Kendall Comprehensive Planning 252-2387 mardakendall@colliergov.net ❑ Stephen Lenberger Environmental Review 252-2915 stevelenberger@colliergov.net ❑ Paulo Martins Utilities 252-4285 paulomartins@colliergov.net ❑ Thomas Mastroberto Greater Naples Fire Safety 252-7348 Thomasmastroberto@colliergov.net ❑ Jack McKenna, P.E. Engineering Services 252-2911 jackmckenna@colliergov.net ❑ Matt McLean, P.E. Principal Project Manager 252-8279 matthewmclean@colliergov.net ❑ Gilbert Moncivaiz Utility Impact Fees 252-4215 gilbertmoncivaiz@colliergov.net ❑ Michele Mosca, AICP Impact Fee Administration 252-2466 michelemosca@colliergov.net ❑ Annis Moxam Addressing 252-5519 annismoxam@colliergov.net ❑ Mariam Ocheltree Graphics 252-2315 mariamocheltree@colliergov.net ❑ Brandy Otero Transit 252-5859 brandyotero@colliergov.net F] Bill Pancake North Collier Fire Safety 252-2310 billpancake@colliergov.net ❑ Brandi Pollard Utility Impact fees 252-6237 brandipollard@colliergov.net Fred Reischl, AICP Zoning Services 252-4211 fredreischl@colliergov.net ❑ Brett Rosenblum, P.E. Stormwater Plan Review s 252-2905 brettrosenblum@coiliergov.net 1)4 Michael Sawyer Transportation Planning 252-2926 1 michaelsawyer@colliergov.net CAter County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.coirierzov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 ❑ Corby Schmidt, AICP Comprehensive Planning 252-2944 corbyschmidt@colliergov.net ❑ Chris Scott, AICP Plan nin and Zoning 252-2460 chrisscott@colliergov.net El Peter Shawinsky Architectural Review 252-8523 II I petershawinsky@coiliergov.net Daniel Smith, AICP Zoning Services 252-4312 danielsmith@colliergov.net Scott Stone Assistant County Attorney 252-8400 scottstone@colliergov.net ❑ Mark Strain Hearin Examiner/CCPC 252-4446 markstrain@colliergov.net ❑ Mark Templeton Landscape Review 252-2475 marktempleton@colliergov.net ❑ Carolina Valera Comprehensive Planning 252-8498 1 carolinavalera@colliergov.net ❑ Kris VanLengen Utility Planning 252-5366 1 krisvanlen en@collier ov.net� ❑ Jon Walsh Building Review 252-2962 jonathanwaish@coliiergov.net ❑ David Weeks, AICP Future Land Use Consistency 252-2306 davidweeks@colliergov.net ❑ Kirsten Wilkie Environmental Review 252-5518 kirstenwiIkie@colliergov.net ❑ Christine Willoughby Planning and Zoning 252-5748 ChristineWilloughby@colliergov.net Additional Attendee Contact Information: ' n v nr1 f ("'/J /t7c. Name Repr senting Phone Email C)-7 ,;.'. i `i r. 4 r. •' f jc. ,' �`� C � j. .r s �. � � 4 . f : �' i..t ; .�.-., 2 r � � c � i Collier C 0-94"ty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierRov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel Arior to ore -application meeting Dlease allow 3 days for Drocessina. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ BD (Boat Dock Extension) ❑ Carnival/Circus Permit ❑ CU (Conditional Use) ❑ EXP (Excavation Permit) ❑ FP (Final Plat ❑ LLA (Lot Line Adjustment) ❑ PNC (Project Name Change) ❑ PPL (Plans & Plat Review) ❑ PSP (Preliminary Subdivision Plat) ❑ PUD Rezone ❑ RZ (Standard Rezone) ❑ SDP (Site Development Plan) ❑ SDPA (SDP Amendment) ❑ SDPI (Insubstantial Change to SDP) ❑ SIP (Site Improvement Plan) ❑ SIPI (Insubstantial Change to SIP) ❑ SNR (Street Name Change) ❑ SNC (Street Name Change — Unplatted) ❑ TDR (Transfer of Development Rights) ❑ VA (Variance) ❑ VRP (Vegetation Removal Permit) ❑ VRSFP (Vegetation Removal & Site Fill Permit) OTHER !!r2 n --I LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) STREET ADDRESS or ADDRESSES (as applicable, if already assigned) • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way . SURVEY (copy -needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) 5 0 4z F' (� 0-1 g GT PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP_- or AR or PL # Coll i er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Project or development names proposed for, or already appearing in, condominium documents (if application; indicate wh`esth�er proposed or existing) `�`� , y- i� s C) k-1 Please Return Approved Checklist By: ❑ Email ❑ Fax Personally picked up Applicant Name: ti i! wl. C, Phone: G Jf r7 Email/Fax: °'� U ', �' C o e, G a S k n -e- Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number Q L{ i t7 B D 0 U -7 Folio Number L>Q E-( Z. (o S Lf DDG' Folio Number Folio Number Folio Number Folio Number Approved by: %'ori. Cc: Date: 3 d r Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED NUNNER September 2016 Re: PDI for Villas at Greenwood Lake to reconfigure Preservation Area Requirements for Review List Item 17 Location Map t COCA TdQN MAP k T.& 8113 Lowbank Drive Naples, Florida 34109 239.404.0732 jnunner@comcast.net Coib;er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 1;239) 252-2400 FAX: (239) 252-6358 :NSUBSTANTIAL CHANGE TO A POD (Plat) subsection 10.02.13 E & Code of i aws section 2-83 _h. 3 G.3 of the Administrative Code Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PIED ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner's approval shall be based on the findings and criteria used for the original application. PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Applicant(s): Villas at Greenwood Lake HOA SL .a r) 4P. � u V VY Address: Anchor Associates, Inc.3940 Rada Road. Suite 112 City: Naples State: FL ZIP: 34104 Tetephone:239-272-0048 Cell: Fax: Fax: E -Mail Address: rbarry@comcast.net Name of Agent: Jeff Nunner, Managing Member Folio #: 80490800047;00426840006 Section: 17 Twp: 50S Range: 26E Firm: NLlnner LLC Address: 8113 Lowbank Dr City: Naples state: FL Telephone: 239-404-0732 Cell: 239-404-0732 E -Mail Address: jnunnef@comcast.net Fax: N/A ZIP: 34109 6/17/2015 Page 1 of 5 Coffier County 2800 NORTH HORSESHOE DRIVE COLLIER COUNTY GOVERNMENT 2800 FLORIDA 34104 GROWTH MANAGEMENT DEPARTMENT ,239) 252-2400 FAX: (239) 252-6358 DISCLOSURE OF INTEREST INFORMATION Is the applicant the owner of the subject property? 0 Yes No E] 1. If applicant is a land trust, so indicate and name the beneficiaries below. 2. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. E] 3. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. 4. if applicant is an owner, indicate exactly as recorded, � d loevN tt'hherr owners, o (4, +^� V- 4 S re c p v -0k -e of S. If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. 6. if applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below: (if space is inadequate, attach on separate page) V f i a S a -r~ Cr r�-0- r,'L, L- 'm k--4' L.LI r ..a S Ak S Si D i 2 41' d h 1 In C. DETAIL OF REQUEST On a separate sheet, attached to the application, describe the insubstantial change request. identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.1. PROPERTY INFORMATION PUD NAME: W;ndson9 ORDINANCE NUMBER: 98-73 FOLIO NUMBFR(S): 80490800047;00426&40006 Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan), if applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? 0 yes ❑ No Page 2of5 6/17/2015 Ct�ler county COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT If no, please explain: 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 ;239)252-2400 FAX: (239) 252-6358 Has a public hearing been held on this property within the last year? If yes, in whose name? Has any portion of the PLiD been Q SOLD and/or n DEVELOPED? Are any changes proposed for the area sold and/or developed? if yes, please describe on an attached separate sheet. Yes W No Yes D No 6/17/2015 Page 3 of 5 Co l er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 ;239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement rhecktist for: PUD Insubstantial Change Chapters G.3 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted_ ;# Oc (+SETT REQUIREMENTS FOR REVIEW CE}PiLS REQUIREDREQUiF Completed Application (download current form from County website] 16 ❑ ❑ Pre -Application Meeting notes Project Narrative, including a detailed description of proposed changes 16 ❑ ❑ and why amendment is necessary ❑ Detail of request El0 Current Master Plan & 1 Reduced Copy ❑ Revised Master Plan & 1 Reduced Copy ❑ Revised Text and any exhibits El FUD document with changes crossed through &underlined ❑ PUD document as revised with amended Title Page with Ordinance i# O C Warranty Deed ❑ C Legal Description if boundary of original PUD is amended ❑ Boundary survey, ❑ If PUD is platted, include plat book pages 2 ❑ List identifying Owner & all parties of corporation Z ❑ C Copy of 8 % in. x 11 in. graphic location map of site 1 Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials ❑ ❑ to be submitted electronically in RDF format. *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement, AD[NTIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS • following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. Page 4 of 5 6/17/2015 Co [ger County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES. FLORIDA 34104 (239] 252-2400 FAX: (239) 252-6358 PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ School District (Residential Components): Amy Lockheart ❑ Bayshore/Gateway Triangle Redevelopment: Executive Director [] Utilities Engineering: Kris VanLengen Parks and Recreation: Vicky Ahmad Emergency Management: Dan Summers Naples Airport Authority: Ted Soliday ❑ Conservancy of SWFL: Nichole Ryan ❑ Other ❑ City of Naples: Robin Singer, Planning Director JEJ I Other: FEE REQUIREMENTS PUD Amendment Insubstantial (PDI): $1,500.00 Pre -Application Meeting: $500-00 Estimated Legal Advertising fee for the Office of the Hearing Examiner. $925.00 The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Applicant/Owner Signature 1?-1,G-CtV,dP.L?>4or,r Applicant/Owner Name (please print) -I Itg114 Date 6/17/2015 Page 5 of 5 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) Villas at Greenwood Lake; PUDlordinance 98-73 G `"� A rint name as �� - 4 applicable) of a r rr" ) h'+ (title, if pp ) W o (company, If applicable), swear or affirm under oath, that I am the (choose one) owner applicantCbntract purchaser and that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5Well authorize Jeffrey A. Nunner Managing Member Nunner LLC to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then if is usually executed by the corp. Pres_ or v. pres. • if the applicant is a Limited Liability Company (L L.C_) or Limited Company (L. C.), then the documents should typically be signed by the Company's "Managing Member. " • if the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • if the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • if the applicant is a trust, then they must include the trustee's name and the words `as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that i have read the foregoing Affidavit of Authorization and that the facts stated in it are true. Signature Date STATE OF FLORIDA COUNTY OF COLLIER Thef regoing instrumaig was sworn to (or affirmed) and subscribed before me on _ .> (date) by (name of person providing oath or affirmation), as who is personally known to me or who has produced C G1 , ti4 (type of identification) as identification. STAMP/SEAL Cr\08-Coy:-00115;1 ss REV 3124114 Signature of Not0y Public KATHRYN A. FLACK Corna"tan# FF 952144 Expires January 20, 2020 Bonded Thu Rry iein wwmw 9Q0,'ibSiD19 NATIVE REPLANT AREA WINDSONG NATIVE REPLANT AREA PLANNED UNIT DEVELOPMENT 1----------- 1 I � 1 I 1L----- -- RATTLESNAKE NANWOCK RDAD PRESERVATION AREA IS SETBACK 30' FROM PROPERTY LINE LAND USE SUMMARY DEVELOPMENT AREAS RESIDENTIAL 22.20 RIGHT OF WAY 4,40 SUBTOTAL 26.60 PRESERVATION AND OPEN SPACE UPLAND PRESERVE 5.47 LAKE 6.38 NATIVE REPLANT AREAS 0.63 OTHER OPEN SPACE 0.51 SUBTOTAL 12.81 NOTE: THE UPLAND PRESERVE AND NATIVE REPLANT AREAS ARE THE PRESERVE FOR THE P.U.D. TOTAL AREA 37.6 ACRES GROSS DENSITY 3.86 UNITS/ACRE TOTAL UNITS 145 UNITS NOTE: STREET BOUNDARIES AND OTHER SITE FEATURES ARE APPROXIMATE AND SUBIECTTO REVIEW AND MODIFICATION IN ACCORDANCE WITH THE DEVELOPMENT STANDARDS OF THE PUD DOCUMENT, NUNNER, LLC ENGINEERING A OWNER REPRESENTATIVE SERVICES n �m+rorx �iw pnm., (+vs>aw-ov.s eM �onnr®rman..a EXHIBIT A PUD MASTER PLAN DECEMBER, 2016 0 100 S00 N NUNNER Engineering & Owner Representative Services December 23, 2016 Collier County Government Dan Smith 2800 N. Horseshoe Drive Naples, Florida 34104 RE: Planned Unit Development Insubstantial Change PL20160001023 Villas at Greenwood Lake (PDI) Insufficiency Letter Rev. 2 RESPONSE LETTER Dear Mr. Smith: We have received Insufficiency Letter dated November 30, 2016. Please see below comments repeated and responses. Responses are provided in bold text. Updated items provided / uploaded to portal: 1. Response letter dated December 23, 2016 2. Updated Cross section - at end of this letter 3. Updated proposed Master Plan 4. Revised Text and Exhibits at end of this letter 5. HOA Documents uploaded: December 2016 Newsletter 04-28-16 Approved Minutes 6. Environmental Data STAFF COMMENTS: Rejected Review: Environmental Review Reviewed By: Stephen Lenberger Email: Stevelenberger@colliergov.net Phone #: (239) 252-2915 Correction Comment 1: Section 4.7 of the PUD document (Ordinance 98-73) requires 6.1 acres (16 percent of the total PUD acreage), to be retained on site. The environmental data for the project states that only 5.5 acres of preserve have been platted for the project (PB 31 PG 87) and that approximately 0.47 acre of the existing preserve (Tract B) will be impacted for the new security wall. Amend the PUD master plan and environmental data accordingly. Review 2: Comment not addressed. Environmental data amended incorrectly. According to the Property Appraisers website, 5.54 acres of Preserve, Native Replant 8113 Lowbank Drive Naples, Florida 34109 239.404.0732 jnunner@comcast.net NUNNER December 23, 2016 Villas at Greenwood Lake (PDI) Insufficiency Letter Rev. 2 RESPONSE LETTER Areas included, have been previously platted as preserve (Tract B, Plat Book 31 Page 87). Section 4.7 of the PUD document (Ordinance 98-73) requires 6.1 acres of native vegetation (16 percent of the total PUD acreage) to be retained within the PUD, leaving 0.6 acre of preserve still to be identified for the PUD. The environmental data for the project states that approximately 0.47 acre of the existing preserve within Tract B will be impacted for construction of the new security wall. Amend the Preservation Area Plan to include an additional 0.6 acre of preserve still to be identified for the PUD. Amend the Native Vegetation Calculation section of the environmental data to address the total preserve requirement for the PUD. RESPONSE: The total required preserve equals 6.1 acres. The fence will impact 0.47 acres and this will be made up on the neighboring undeveloped parcel. The Environmental Data has been amended accordingly. Correction Comment 2: Native vegetation required to be retained on site shall be labeled as "Preserve" on all site plans (LDC section 3.05.07 H. La). Amend the PUD master plan, other exhibits submitted for the petition and environmental data accordingly. .—. Review 2: Comment not addressed. To address, include the following note on the PUD master plan. "The Upland Preserve and Native Replant Areas are the Preserve for the PUD." RESPONSE: Acknowledge and the resent submittal reflects the requested change. Correction Comment 4: The FLUCFCS Code numbers on the FLUCFCS Code aerial in the environmental data are not legible. The aerial also needs to contain a legend for the FLUCFC Codes contained on it. Other writing, scale of aerial, etc. on the FLUCFC Code aerial, is also not legible. Please amend accordingly. Review 2: Comment not addressed. FLUCFCS Code aerial not updated and removed from copy of environmental data submitted. RESPONSE: The FLUCCS Code map was previously submitted. An additional map is provided with the amended Environmental Data provided with this submittal. Page 2 of 12 NUNNER December 23, 2016 Villas at Greenwood Lake (PDI) Insufficiency Letter Rev. 2 RESPONSE LETTER Rejected Review: County Attorney Review Reviewed By: Scott Stone Email: ScottStone@colliergov.net Phone #: (239) 252-5740 Correction Comment 10: Provide a response to EACH of the PUD substantial change criteria under LDC Section 10. 02.13 E. I UPDATE 11/28/16 --Please provide a response to each criteria. "N/A" is not a sufficient response. RESPONSE: Please see direct responses to each criteria below. • E. Changes and amendments. There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor. 1. Substantial changes. Any substantial change(s) to an approved PUD Ordinance shall require the review and recommendation of the Planning Commission and approval by the Board of County Commissioners as a PUD amendment prior to implementation. Applicants shall be required to submit and process a new application complete with pertinent supporting data, as set forth in the Administrative Code. For the purpose of this section, a substantial change shall be deemed to exist where: a. Q 9 A proposed change in the boundary of the PUD; RESPONSE: This application does not change the boundary of the PUD. A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; RESPONSE: This application does not proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development. A proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 ^ acres in area; Page 3 of 12 NUNNER December 23, 2016 Villas at Greenwood Lake (PDI) Insufficiency Letter Rev. 2 RESPONSE LETTER RESPONSE: This application does not propose a decrease in preservation, conservation, recreation or open space areas within the development. d. 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; RESPONSE: This application does not propose an 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. e. 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; 11 RESPONSE: This application will not 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. A change that 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; RESPONSE: This application will not 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. 9• A change that will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; Page 4of12 NUNNER December 23, 2016 Villas at Greenwood Lake (PDI) Insufficiency Letter Rev. 2 RESPONSE LETTER RESPONSE: This application will not result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges. h. k. A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; RESPONSE: This application will not bring about a relationship to an abutting land use that would be incompatible with an adjacent land use. 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; RESPONSE: This application is not inconsistent with the Future Land Use Element or other element of the Growth Management Plan. 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 this LDC, _ _ ;;10.02.1-3; or RESPONSE: This application will not change the PUD district designation. Any modification in 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 this LDC .10:02..13. RESPONSE: This application is not a substantial change and has been deemed insubstantial by Planning Director Ray Bellows. Page 5 of 12 NUNNER December 23, 2016 Villas at Greenwood Lake (PDI) Insufficiency Letter Rev. 2 RESPONSE LETTER Correction Comment 12: Please provide evidence that this proposed change has been discussed/approved by the HOA. UPDATE 11/28/16 --Please clarify whether the HOA has approved the relocation of the preserve. The minutes appear only to address the installation of a wall, but not the need to relocate the preserve area. RESPONSE: Please see response from HOA president Richard P. Barry 12/2/16. Documents referenced below uploaded to county portal. The relocation of the preserve area was not something voted on as an individual item by the board. The entire project is based on the need to secure an insubstantial change which reallocates enough preserve to install the fence and to designate land in the Phase II lot to compensate for the change. That was the plan that was adopted when the ownership rejected a fence/hedge combination in favor of the full fence solution. Based on the advice of the HOA attorneys our meeting minutes have always listed motions that have passed or been rejected and nothing more. No board has ever specified the specifics of the Q & A that occurs or of updates on specific or general issues discussed at board meetings. The minutes of the 04-28-16 meeting re -authorize the president and treasurer to make all decisions up to the actual bid acceptance. The original authorization was ceded when the special assessment was adopted. It was raised again to insure the majority of the board wanted to continue it. That includes the reallocation of the preserve in the vacant lot which has been stated and restated to the owners on many occasions as well as any other issues that arise until the unsubstantial change is approved. The next board vote will be to accept the specific bid(s) based on your recommendation. To provide some hardcopy for the County Attorney the issue of relocating preserve space is included in the December 2016 community newsletter; copy attached. Uploaded: 1. December 2016 Newsletter 2. 04-28-16 Approved Minutes Page 6 of 12 NUNNER December 23, 2016 Villas at Greenwood Lake (PDI) Insufficiency Letter Rev. 2 RESPONSE LETTER Correction Comment 13: County Attorney Review: Please revise to state "...Ordinance No. 93-74 and Ordinance No. 98-73, as amended... RESPONSE: Document revised — please see below / attached. Correction Comment 14: County Attorney Review: Please revise to state "...Ordinance No. 93-74 and Ordinance No. 98-73, as amended... RESPONSE: Document revised — please see below / attached. Correction Comment 15: County Attorney Review: Please revise the label to state "PRESERVATION AREA IS SETBACK 30' FROM PROPERTY LINE" RESPONSE: This note has been revised as requested on Master Plan provided. Rejected Review: Landscape Review Reviewed By: Daniel Smith Email: danielsmith@colliergov.net Phone #: (239) 252-4312 Correction Comment 2: Miscellaneous Corrections Please provide an exhibit, showing a cross section of the preserve -wall -landscaping and any easements. Show dimensions. Rev. 2 In the Cross Section Exhibit, please show easements in relation to wall, landscape buffer, and preserve showing code can be met. RESPONSE: Easements are contained in the area as identified on cross section attached. Note added to cross section below: Wall placement will not impede internal drainage of site. Rejected Review: Engineering Stormwater Review Reviewed By: Richard Orth Email: RichardOrth@colliergov.net Phone #: (239) 252-5092 Correction Comment l: Miscellaneous Corrections: Amend Exhibit "A", Conceptual Site Plan, to show the setback distances from the eastern property line and existing drainage easement to the proposed six (6) ft. wall. Page 7 of 12 NUNNER December 23, 2016 Villas at Greenwood Lake (PDI) Insufficiency Letter Rev. 2 RESPONSE LETTER 1. RESPONSE: Wall will be located within the 20' buffer as shown on cross section below and discussed with you. Note added to cross section below: Wall placement will not impede internal drainage of site. Correction Comment 2: Comment No. 2 Please identify on the Preservation Area to ROW Cross Section all easements in relationship to the proposed 20 foot landscape buffer so a determination can be made that the landscape buffer will not intrude into the any part of the drainage or drainage maintenance easement. 1. RESPONSE: RESPONSE: The entire area is contained in Tract "B" Buffer, CE and DE. Refer to Plat Book 31 Pages 87 to 91. Note added to cross section below: Wall placement will not impede internal drainage of site. The following comments are informational and/or may include stipulations: Applicants who are converting a paper submittal to E -Permitting must resubmit complete sets of all plans, signed and sealed, even if they were previously approved on an earlier review. As a reminder, all documents that are required to be signed and sealed must be digitally signed and sealed when submitting through our E -Permitting process. On the cover letter please identify that previous submittals were done through paper and that this submittal is by E -Permitting. Also, identification of the changes in cover letter (ex. See note #23 Civil Plan Sheet 4) improves the efficiency of the resubmittal review. • When addressing review comments, please provide a cover letter outlining your response to each comment. Include a response to completed reviews with stipulations. • Please be advised that Sections 10.02.03.11.1, and 10.02.04.B.3.c require that a re -submittal must be made within 270 days of this letter. Stipulations: • Land proposed to be added to the preserve on site has been partially cleared and impacted with exotic vegetation. A restoration plan for the preserve will be required at time of site plan submittal for the security wall along County Barn Road. RESPONSE: OK Page 8 of 12 NUNNER December 23, 2016 Villas at Greenwood Lake (PDI) Insufficiency Letter Rev. 2 RESPONSE LETTER Thank you and please let me know if you need any additional information. Sincerely, tj�-� r�� Jeffrey A. Nunner, PE Managing Member Nunner, LLC Cc: Villas at Greenwood Lake HOA Page 9of12 NUNNER December 23, 2016 Villas at Greenwood Lake (PDI) Insufficiency Letter Rev. 2 RESPONSE LETTER --. The "List of Exhibits" of the PUD Document attached to Ordinance No. 93-74 and Ordinance No. 98-73, as amended, the Windsong PUD, is hereby amended as follows: LIST OF EXHIBITS EXHIBIT A P.U.D. Master Plan, ABB File NG. 6596 EXHIBIT B UTILITIES DEPARTMENT MEMORANDUM DATED AUGUST 21, 1987 Page 10 of 12 NUNNER December 23, 2016 Villas at Greenwood Lake (PDI) Insufficiency Letter Rev. 2 RESPONSE LETTER Exhibit A, "The PUD Master Plan," of the PUD Document attached to Ordinance No. 93-74 and Ordinance No. 98-73, as amended, the Windsong PUD, is hereby deleted in its entirety and replaced by Exhibit A, "The PUD Master Plan" attached hereto and incorporated herein Page 11 of 12 NUNNER December 23, 2016 Villas at Greenwood Lake (PDI) Insufficiency Letter Rev. 2 RESPONSE LETTER Preservation Area to ROW Cross Section NTS 30' Preservation10' I 20' Landscape Buffer County Barn Area ROW *6' Wall General Notes 2. Wall setback from Preservation Area is 5' per LDC. 3. Wall excavation for footing setback from Preservation Area is 10' per LDC. 4. Landscaping and wall specifications per requirements at time of permitting. 5. Entire area above contained in Tract `B" Buffer, CE and DE. Refer to Plat Book 31 Pages 87 to 91. 6. *Wall location within 20' landscape buffer to be determined during insubstantial change to construction plans. Wall placement will not impede internal drainage of site. Page 12 of 12 VILLAS AT GREENWOOD LAKE HOMEOWNERS ASSOCIATION, INC. Corporation Not For Profit April 28th, 2016 Members Meeting Minutes Approved November 1, 2016 A Members Meeting was held at 6:05 PM on Thursday, April 28", 2016 at the Villas at Greenwood Lake Club House, 5843 Greenwood Circle, Naples, FL 34112. Directors Present were Dick Barry -President, Russ Koppang-Vice President, Arthur Chet Williams -Secretary, Mary Bruining-Treasurer and Directors: Tim Dillon and Herbert Andrews. Representing Directors Choice was Faith A. Andrews and Pam Howard 1. Call to Order: Dick Barry called the meeting to order at 6:05 PM. 2. Establish a Ouorum: A quorum was present with 6 of 7 Board Members present in person. ,Xfter the fact it was determined that Roger Dunlap attended by conference call but due to an unknown .;ommunications issue he could hear the proceedings but could not be heard. 3. Proof of Notice of Meeting: The meeting notice was posted in a conspicuous location on the property 48 hours in advance of the meeting date and time in accordance with the requirements of Florida State Statutes 720 and the governing documents. 4. Old Business: Dick Barry moved to authorize the transfer of funds by the Treasurer, with the approval of the President, from various accounts as needed to expedite the funding of the County Barn Fence Project for the purpose of completing phase 1 in this physical year 2016, For example, $28,000.00 in unrestricted funds will be transferred from the Capital Contribution account in May 2016 to pay for the initial engineering costs for the County Barn Road Fence Project. When the special assessment fees are received from unit owners in September 2016, funds previously transferred will be replaced. In addition, Mr. Barry also moved that, prior to the end of the fiscal year, funds from the Capital Contribution and Reserve Interest accounts, or other accounts as is deemed feasible by the President and Treasurer, will be transferred into the Roof Reserve fund in our continuing effort to totally fund that '� obligation. Finally, the previous resolution that authorized the president and treasurer to make all necessary decisions relative to the design of the fence project was restated and extended to the engineering and permitting phases. Herb Andrews seconded the motions which were passed unanimously. 5. Dick Barry moved to approve an additional option for lanai screen enclosures which do not include chair rail through middle of screen as installed on unit #5839. Arthur Chet Williams seconded the motion. It passed unanimously. Based on safety concerns and the recent cost to maintain lights and other holiday decorations Dick Barry moved to authorize Chet Williams to solicit requests for pricing from a local vendors. The vendor will furnish, install, and remove the said decorations. A recommendation is required on or before July 15, 2016 so as to be included in the FY 17 budget. Tim Dillon Seconded the motion. It passed unanimously. 6. Adiournment: Dick Barry moved to adjourn the meeting at 6:09 PM. Tim Dillon seconded the motion. It passed unanimously. Villas at Greenwood Lake December 2016 Newsletter Burrowing Animal Damage: It appears a burrowing animal or animals are in the development with one owner reporting they saw an armadillo. The maintenance assessment does not nor has it ever covered insect or pest control for individual units. It does provide herbicide and insecticide treatment of the lawns. Some owners have notified us they've had Oliver Pest Control bait for the animal and others have used Dames Pest Solutions. We'll look at the possibility of incorporating the service into the annual maintenance fee if it proves to be reasonable. We are not considering inside pest control given the cost and number of seasonal owners. Rodents: The increase in palm rat sightings continues and as with the burrowing animal issue this is not covered by the maintenance fee. Traps of various types are available and the two exterminators we've talked with suggest that traps be placed outside on either side of the garage door. They also suggest that food not be stored in the garage but caution that neither precaution is guaranteed to prevent access. We'll look at the possibility of incorporating some form of control for the common areas into the annual maintenance fee if it proves to be reasonable. Lake: The additional lake testing discussed at the board meeting and in the last newsletter has been authorized as has the cleanup of the shore line in front of the clubhouse. The cleanup is designed to remove fouling from the area around the sprinkler pump intakes and to provide access for non -lakefront owners to fish (catch and release only). The test results and recommendations will be published upon receipt. Perimeter Fence Project: The engineering and permitting process is ongoing... This has been my standard reply since our PE (Jeff Nunner) began working with the various county staff to prepare an acceptable solution for the necessary insubstantial change; the change in designation from preserve area to provide for the fence and the designation of an equal amount of space in Phase II as preserve. We remain confident it will be approved as Jeff has worked closely with the county staff and, as restated as recently as the last board meeting, they actually selected the shape and location of the replacement preserve in the Phase 11. As you know, we authorized Jeff to go forward with the modified preserve area and location but we were then notified that an environmental study was required. When that was completed Jeff was able to complete and submit his proposal; which is currently under county review. He has had to provide clarification and additional information to several departments but the process is moving forward. As has been stated several times at meetings, this was the first milestone to be reached in the process. Once the insubstantial change is approved the bid documents will be prepared and issued. Lastly, to those who have written or spoken to me urging additional action to expedite the process as we stated from the project inception; we are not in control of the process or the timing. Our job is to provide the necessary information and to conform to the requirements as established by the individual county authorities. So to come full circle I repeat what I said at the November board meeting..... The engineering and permitting process is ongoing and we'll inform you as soon as the first milestone is reached; the approval of the insubstantial change. On a related matter an owner informed me they have heard but not seen people in the undeveloped southeast corner (Phase II lot). Recalling the spate of similar complaints last year, our advice remains the same.... Notify the Collier County Sherriff; they will dispatch a deputy to investigate as they did several occasions last year. Lease Requests: Those planning to lease their units are asked to review the governing documents. The board has a reasonable period of time (twenty days) to review and approve or reject with cause a lease application. Whereas prospective tenants cannot occupy the unit without an approved lease, all owners are reminded to have their completed applications to the management company at least twenty and preferably twenty-five days prior to the lease start date. Bellas (Beauties Enjoying Lunch, Laughter and Spirits): Patty Williams Our group meets the second Friday of every month. An email is sent once a month announcing the location and hostess. Please consider joining us for lunch. It is a great way to meet your neighbors. The November luncheon was hosted by Gale Van Ness and was attended by approximately 25 ladies. It was held at the new Hyatt House Naples/5th Avenue, 1245 5th Avenue S. It was great seeing neighbors that have returned from the north. The December 9th Bellas luncheon will be hosted by Judy Desola and held at Bayside Bar and Grill in Venetian Village. The luncheon time is 12 Noon. It is a fun time because we participate in our annual Yankee Christmas Exchange. If you are interested in joining the luncheon group please contact Patty Williams at 239-774- 4144 or email her at chetnpatty@comcast.net and she will add you to the email list. The cut- off date for the December luncheon is Wednesday, December 7th. Holiday Landscapers Collection: I've been notified the collection for the landscapers has been a success and the target goal has been reached. Thank you to all the owners that contributed to make the holidays a little better for these guys. We are fortunate to have this crew. Landscape: The landscape crew is performing a full sprinkler system check including every sprinkler head. The browning is a result of the recent herbicide treatment and a lack of rain. Adjustments will be made where possible and within our water allocation to minimize the impact. 3.08.00 Environmental Data A. Environmental Data Requirements 1) Purpose As per requirements in LDC Sections 3.08.00 and questions in the CPUD Checklist 2) Preparation Of Environmental Data Qualifications of Environmental Consultant are included as Exhibit # 1 Environmental Data. The following shall be submitted where applicable to evaluate projects. 3) Requirements for PUD Zoning and Conditional Use 4) Environmental Data a) Wetlands 1) Identify on Current Aerial / FLUCFCS A FLUCFCS map and vegetation inventory has been included. The site has NO Jurisdictional Wetlands on site. This is an existing built PUD. b. Listed Species i) Provide Survey Wildlife Listed Species Study (LDC 10.02.3.A.2.m) A brief examination of the parcel found no listed vertebrates on site. The parcel is almost completely void of vegetation. In addition, the parcel is located in the urban area. This parcel is located at a busy intersection, of County Barn Road and Rattlesnake Hammock Road. This is an existing built out community. The property is fully developed with attached villas and also contains a recreation area with a clubhouse. The availability of suitable habitat for any vertebrate is quite limited. Native habitat is limited to the vegetated areas at the perimeter of the project. The largest habitat is along the eastern boundary. These vegetated areas have numerous exotic pest plants. The dominant forest type, on this project site consists of Slash pine with a midstory of cabbage palms and scattered palmetto islands. These perimeter areas provide limited availability for any potential denning, habitation and/or foraging. In addition, the parcel is also surrounded by development and is in the urban area. The vegetated areas were traversed and examined. Potential species for such a small parcel would be fox squirrels. At the time of this inspection no burrows and/or animals were encountered. These vegetated areas do provided some foraging for traversing birds and small mammals. ii) Provide Listed Plants identified in LDC Section 3.04.03 This parcel is an existing subdivision. The preserve areas are established with such trees such as Slash pines, oaks and cabbage palm. A complete list of the vegetation encountered has been provided. See: Attached Vegetation List / FLUCCS Code Map iii) Wildlife Management Plans Not Required C) Native Vegetation Preservation i) For Sites or Portions of Sites Cleared of Native Vegetation or in Agricultural Use: This is an existing PUD fully developed with attached villas and a clubhouse. The perimeter consists of buffer, conservation and a drainage easement. This is identified as Tract `B". Along the eastern boundary Collier County expanded the roadway (County Barn Road) and the drainage. Subsequently, the residents are installing a security wall along this interface. This will require the impact to approximately 0.47 acres of Tract "B" The loss of this acreage will be relocated onto parcel (Folio # 00426840006). Native Vegetation Calculation (LDC3.05.07.A.) This parcel was legally cleared and is mostly developed. There is an additional undeveloped tract. 6.1 acres of preserve is required. The fence/wall will impact approximately 0.47 acres. This will be relocated to the south, onto a neighboring undeveloped out parcel. This meets the intent of GMP CCME Policy 6. 1.1 to retain and protect existing native vegetation. ii.) Identify on a current aerial the acreages, location and community types Location Maps / Aerials (LDC 10.02.3.A.2.m) The site is located in Section 17, Township 50, Range 26; in Collier County, Florida. The parcel is just west of the intersection of Rattlesnake Hammock Road and County Barn Road. The parcel is on the north west side of the intersection. The site is an existing PUD. The on site preserve areas are predominately vegetated with Slash pines, cabbage palm and oaks. The ground cover consists of varying graminoids. See Attached Location Maps, Vegetation Maps / FLUCCS Maps -'� iii) Overlays for the RLSA, RFMU, ST and ACSC-ST Not Applicable iv.) Where Off Site Preservation Of Native Vegetation is proposed in lieu of On Site demonstrate that the criteria in Section 3.05.07 have been Meet (LDC 3.05.07.A.) No preserves are proposed for Off Site. All preserves are On Site. D) General and other environmental requirements ari •Prl - estele w♦ w w w�' a 3 '' r. f m � ct ,t.. ..- A v * •« l "�°�a': s ��� � ' 4ostc ,. ♦. ,. n c a ♦ w » �♦ M►:,+ '% "'e . Leanore Court .. ", AN Daiu JIde^ s r o i� y x, iii. ., f 4# ^ Tt ♦ a Is°ja srrh'a.i saw, >m. •-i. <7w ♦ .w *lt,ltt+lJf k.CoUtt 'i .,°' � ! �f •, 944 t. ,AG'.,• J � .. <. Le'Man, Q ♦ O� • V rsrw ♦*ts14s t4rrrt4wi♦ - N�f. \�c l7l i t s " ,r<a Ma I r�l.cie+w :L46140 I ., ��ill 7rtr �f it a,; Nb e� oit as u st `itM11r° r r.-:. <h° 4 '* t ; •" =a ��• •s i.un�, i `v' .. .. -. ^!�'a r' •Aw n �I',t 'w h .-.. � a s: ,,, •rt.tp _. ,_ .,i- � tt�Dew�""w „erw .,:.ria,.. . dei>aillP`'r' ��w.e� '_ o `• �rtu. 9 �� � ' � . `Dc+ Ott 3 tae". t:e o II e t w a• rr s~ .r se n +� = uirii U , � � t t � trait uu.. •• .. - i :.tiiii y • • P CL tow "+ a ourr p• IDA ♦� rp \ 1w�1 MHarcQ / "1F'.YtFi ; tie w T �$mitls, • '°- :� *�iitii erre J', - +4w ,.w • ♦ f{>tIttti• o �wi a 'of 4 Menton l ane � r t n x .r.r� .a ♦-4•tt..t11 « ..e C t�rrtY� *. ,,:. �r:I ■ tat r..i �C/P .i:x� Rlvlela Hou!evard East M 4r A� Rattlesnake;Hanxnack,Road ire'+ r R wws a MEMO d3. h' s: K'3rw�ch-H�1i. Drives "M� R. d i a+ w • �q ��r. Y+, 11 -o- ` 4'_ 0`7 q w 4,- 4 Q jig Ao' A �w let Copyright 2015 MapWise, Inc. All rights reserved. www.mapwise.com. This map is informational only. No representation is made or warranty given as to its content. User assumes all risk of use. MapWise and its suppliers assume no responsibility for any losses resulting from such use. LOCATION Labels Drawing Points Drawing Lines Drawing Polygons Drawing Selected Custom Parcels Streets OSM Hybrid County Boundaries Parcel Outlines II I 11 180 3A0 x,40 ft NATIVE REPLANT AREA NATIVE REPLANT AREA WINDSONG PLANNED UNIT DEVELOPMENT PRESERVATION AREA —IS SETBACK 30' FROM PROPERTY LINE DIP PATT1p KIIIW11�lOdt>t0A0 \\\ LAND USE SUMMARY DEVELOPMENT AREAS RESIDENTIAL 22.20 RIGHT OF WAY 440 SUBTOTAL 26.60 PRESERVATION AND OPEN SPACE UPLAND PRESERVE 5.47 LAKE 6.38 NATIVE REPLANT AREAS 0.63 OTHER OPEN SPACE_ SUBTOTAL' 12.81 NOTE: THE UPLAND PRESERVE AND NATIVE REPLANT AREAS ARE THE PRESERVE FOR THE P.U.D. TOTAL AREA 37.6 ACRES GROSS DENSITY 3.86 UNITS/ACRE TOTAL UNITS 145 UNITS NOTE: STREET BOUNDARIES AND OTHER SITE FEATURES ARE APPROXIMATE AND SUBJECT TO REVIEW AND MODIFICATION IN ACCORDANCE WITH THE DEVELOPMENT STANDARDS OF THE PUD DOCUMENT. NUNNEk LLC I:KO[hFERM1.'O R OW:�'ER RSPV-ESE-TAT7\'E SER\7C'ES �S��ert pwn ww. <:lolwo .O+R ww. �a*w �a' cfw mr+0e.ww�w EXHIBIT A PUD MASTER PLAN 0 tN >µM M DECEMBER, 2016 FLUCCS CODE AND VEGETATION INVENTORY FLUCCS CODE (Description) Common Name 120- Residential 133- Multi -family 438 - Mixed Hardwoods Scientific Name Upland Indicator Status No single species or group appears to achieve dominance; these areas have a variety of species. The canopy and sub canopy has a variety of species. Slash pine could be called the dominant canopy tree with a mixture of cabbage palms, cypress, Dahoon holly and exotic plants. Below is a list of plant species encountered: Slash pine Pinus elliotti FACW Cp,C Cabbage palm Sabal palmetto FAC M,C Cypress Taxodium spp. OBL M,O Laurel oak Quercus laurifolia FACW Cp,O Strangler fig Ficus aurea FAC M,O Swamp bay Persea palustris OBL Cp,O Dahoon holly Ilex cassine OBL M,O Myrsine Myrsine floridana FAC M,C / G,C palmetto Serona repens FACU G,O Wild coffee Psychotria nervosa FAC KC Wax myrtle Myrcia cerifera FAC+ M,O Winged Sumac Rhus copallina UPL M,O Florida Trema Trema spp. FAC M,O Beauty bush Callicarpa Americana UPL M,O Salt bush Baccharis halimifolia FACW M,C Swamp fern Blechnum serrulatum FACW+ G,O Bracken fern Pteridium aquilinun FAC G,C Guinea grass Panicum maximum FAC- G,O yellow -eyed grass Xyris d fformis OBL G,O Marsh Pink Sabatia grandiflora FACW G,O Broom sedge Andropogon virginicus FAC- G,O Blue Maidencane Amphicarpum muhlenbergianum FACW G,C Caesar weed Urena lobata FACU G,O Camphor weed Pluchea rosea FACW G,O Sawgrass Cladium jamaicense OBL G,C Beak rush Rhynchospora macrocarpa FACW+ G,O Beggers ticks Bidens alba FACW G,O Ragweed Ambrosia artemissiifolia FACU G,C Whitehead broom Spermacoce verticillata FAC G,C Chocolate weed Melochia corchor{folia FAC G,C G,O pennywort Hydrocotyle SPA OBL UPL G,O Bahia grass Paspalum notatum FACW G,C flat sedge Cyperus ligularis FAC G,C Grape vine Vitis rotundifolia Ampelopsis quinquefolia FAC G.O Virginia creeper Cat -briar Smilax spp. FAC G,C Poison ivy Toxicodendron radicans FAC G,O G,O Rosary pea Abrus precatorius FAC FAC G,C Dewberries Rubus spp. Chiococca parvifolia UPL G,O snowberry ear leaf acacia Acacia auriculiformis Exotic Cp,M,C Brazilian pepper Schinus terebinthifolius Exotic M,C M,O java plum Syzygium cumini Exotic Exotic Cp,O Woman's tongue carrotwood Ablizia lebbeck Cupaniopsis anacardioides Exotic M,O Wedelia Wedelia trilobata Nuisance G,O Air potato Dioscorea bulbifera Exotic M,C 8144- Roadway- County Maintained Wild Pines Stiff -leaved Tillandsia fasiculata FDA/C Recurved T. balbisiana FDA/T wired -leaved T. setacea FDA/T ABREVIATIONS — Canopy (Cp), Midstory (M), Ground Cover (G) Dominant (D), Common (C), Occasional (0) INDICATOR STATUS - Obligate (OBL), Facultative wet plants (FACW), Facultative plants (FAC), Upland (UPL) l u Maa" W8seT261fiAWIIL Copyright 2015 MapWise, Inc All rights reserved. www.mapwise.com, This map is Informational only. No representation is made or warrant content. User assumes all risk of use. MapWise and its suppliers assume no responsibility for any losses resulting from such use, y given as toils FLUCCS Labels Drawing Points Drawing Lines Drawing Polygons Drawing 1 Selected Custom Parcels *^ Streets OSM Hybrid County Boundaries Parcel Outlines } FLUCCS CODE 120- Residential 133- Multi -family 438 - Mixed Hardwoods Upland 8144- Roadway- County Maintained I Lt 180 540 it Versailles Clr'cle Chanti lls T)i k� s� t i f n j��tyM , ll u , l u Maa" W8seT261fiAWIIL Copyright 2015 MapWise, Inc All rights reserved. www.mapwise.com, This map is Informational only. No representation is made or warrant content. User assumes all risk of use. MapWise and its suppliers assume no responsibility for any losses resulting from such use, y given as toils FLUCCS Labels Drawing Points Drawing Lines Drawing Polygons Drawing 1 Selected Custom Parcels *^ Streets OSM Hybrid County Boundaries Parcel Outlines } FLUCCS CODE 120- Residential 133- Multi -family 438 - Mixed Hardwoods Upland 8144- Roadway- County Maintained I Lt 180 540 it r COLLIER COUNTY SOIL LEGEND REVISED 1/90 H. YAMATAKI- HYDRIC H -2 HOLOPAW FS, LIMESTONE SUBSTRATUM H 3 MALABAR FS. H 4 CHOBEE, LIMESTONE SUBSTRATUM AND DANIA MUCKS DEPRESSIONAL H 6 RIVIERA; LIMESTONE SUBSTRATUM-COPELAND FS 7 IMMOKALEE FS 8 MYAKKA FS 10 OLDSMAk FS, LIMESTONE SUBSTRATUM 11 HALLANDALE FS H 14 PINEDA FS, LIMESTONE SUBSTRATUM 15 POMELLO FS 16 OLDSMAR FS _410 H 17 BASINGER FS H 18 RIVIERA FS, -LIMESTONE SUBSTRATUM 20 - FT. DRUM- AND •MALABAR- HIGH. FS 21 BOCA FS H 22 CHOBEE, WINDER AND GATOR"SOILS, DEPRESSIONAL H 23 HOLOPAW AND OKEELANTA SOILS DEPRESSIONAL H 25 BOCA, RIVIERA, LIMESTONE SUBSTRATUM AND COPELAND FS DEPRESSIONAL H 27 HOLOPAW FS H 28 PINEDA AND RIVIERA FS 29 WABASSO FS H 31 HILOLO LIMESTONE SUBSTRATUM, 'JUPITER AND MARGATE SOILS 32 URBAN LAND 33 URBAN LAND HOLOPAW BASINGER COMPLEX 34 URBAN LAND IMMOKALEE OLDSMAR LIMESTONE SUBSTRATUM COMPLEX 35 URBAN LAND AQUENTS COMPLEX ORGANIC SUBSTRATUM 36 UDORTHENTS SHAPED 37 TUSCAWIL?LA FS 38 URBAN LA' -,ND MATLACHA LIMESTONE SUBSTRATUM BOCA COMPLEX 39 SATELLITE FS H 40 DURBIN AND WULFERT MUCKS 41 URBAN LAND SATELLITE COMPLEX 42 CANAVERAL BEACHES ASSOCIATION H 43 WINDER, RIVIERA; LIMESTONE SUBSTRATUM AND. CHOBEE SOILS DEPRESSIONAL 45 PAOLA FS (1-8 percent slopes) H 48 PENNSUCCO SOIL (marl prairie) H 49. HALLANDALE AND BOCA FS (slough) H. 50 OCHOPEE FSL, PRAIRIE (marl) H 51 OCHOPEE FSL H 52 KESSON MUCK FREQUENTLY FLOODED H 53 ESTERO AND PECKISH SOILS FREQUENTLY_FLOODED H 54 JUPITER BOCA COMPLEX H 56 BASINGER FS, OCCASIONALLY -FLOODED . Neighborhood Information Meeting MEETING NOTES Thursday February 91 at 5:30 p.m. Villas at Greenwood Lake Clubhouse 5843 Greenwood Circle Naples, FL 34112 Collier County Application Number PL20160001023 MEETING NOTES 1. Meeting began at 5:30 pm on Thursday February 9"' at Villas at Greenwood Lake Clubhouse 5843 Greenwood Circle Naples, FL 34112 2. Community gates were open to allow all to enter community 3. Introductions were made by HOA president Dick Barry 4. Meeting attended by Daniel Smith, AICP Principal Planner Collier County 5. Jeff Nunner, Managing Member Nunner LLC gave a description of the application 6. Full size prints of application Existing and Proposed PUD Conceptual Site Plan were provided for review before, during and after meeting 7. Several general and non -controversial questions were asked and answered 8. Meeting adjourned 5:39 9. Meeting was properly advertised 10. Meeting was audio recorded and is provided 11. Attendance sign in sheet is provided Meeting notes prepared by Jeff Nunner, Managing Member Nunner LLC 2-11-17 Page 1 of 1 PLEASE SIGN IN Neighborhood Information Meeting Thursday February 9t" at 5:30 p.m. Villas at Greenwood Lake Clubhouse 5843 Greenwood Circle Naples, FL 34112 Collier County Application Number PL20160001023 Name Address Phone Email 1,411 Zq--�7 tV 6 ©d rife U- o LIRs r t �c��� L► tu1� ''' u�tis�t ��,,-� ��DR'� � �fI�1� B13 L'�i� /t•t ������ �� U.A z3�J- y- z� � r� �t'I?i4�t'/',z yf jloo G'o�! S�� j �G% G•Yrt n rycvd C� i' 93% - 6,-rq -f3 VU C a s m `'l!a #"Svp 55'f�-- PLEASE SIGN IN Neighborhood Information Meeting Thursday February 9t' at 5:30 p.m. Villas at Greenwood Lake Clubhouse 5843 Greenwood Circle Naples, FL 3411.2 Collier County Application Number PL20160001023 Name Address Phone Email 570 ,tom �3 Z 17 -12 6rx: li vb � l� �'/J L 5 2?/ Xc�4 -7f 4' b �U��Lf} 1 es -.5 23 5 ('4 ��/ �'✓ rte(../ r � s L--9ly ��-G \ btu ' 7� "p ter! 1, r t - Page 2 of 3 PLEASE SIGN IN Neighborhood Information Meeting Thursday February 9" at 5:30 p.m. Villas at Greenwood Lake Clubhouse 5843 Greenwood Circle Naples, FL 34112 Collier County Application Number PL20160001023 Name Address Phone Email Y 'q j-0 5-7 z z Z-4 s 5 74 !r -W- Vol—il L A7 317 d ZP'7 Page 3 of 3 �1 The "List of Exhibits" of the PUD Document attached to Ordinance No. 93-74 and Ordinance No. 98-73, as amended, the Windsong PUD, is hereby amended as follows: LIST OF EXHIBITS EXHIBIT A P.U.D. Master Plan, ABB File NE). 6596 EXHIBIT B UTILITIES DEPARTMENT MEMORANDUM DATED AUGUST 21, 1987 Words underlined are added; Words str- & thr i are deleted Attachment 1 Exhibit A, "The PUD Master Plan," of the PUD Document attached to Ordinance No. 93-74 and Ordinance No. 98-73, as amended, the Windsong PUD, is hereby deleted in its entirety and replaced by Exhibit A, "The PUD Master Plan" attached hereto and incorporated herein NATIVE REPLANT AREA WINDSONG NATIVE REPLANT AREA --I - PLANNED UNIT DEVELOPMENT r--------- -- r -_------_-___ J �......�.. may,. �-..� �..• 1. '` ZN PRESERVATION AREA IS SETBACK 30' FROM PROPERTY LINE 1 i t LAND USE SUMMARY RESIDENTIAL 22.20 RIGHT OF WAY 4.40 SUBTOTAL 26.60 PRESERVATION AND OPEN SPACE UPLAND PRESERVE 5.47 LAKE 6.38 NAT IVEREPLANT AREAS 0.63 OTHER OPEN SPACE 0.51 SUBTOTAL 12.81 NOTE: THE UPLAND PRESERVE AND NATIVE REPLANT AREAS ARE THE PRESERVE FOR THE P.U.D. TOTAL AREA 37.6 ACRES GROSS DENSITY 3.86 UNITS/ACRE TOTAL UNITS 145 UNITS NOTE: STREET BOUNDARIES AND OTHER SITE FEATURES ARE APPROXIMATE AND SUBJECT TO REVIEW AND MODIFICATION IN ACCORDANCE WITH THE DEVELOPMENT STANDARDS OF THE PUD DOCUMENT. NUNNER, LLC LNCINiFTUNG & ("'NCR RITRISENI'A FIV I; 51:R VICIS EXHIBIT A PUD MASTER PLAN DECEMBER, 2016 0 100 100 01 I ORDINANCE 98-73 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 0611S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS WINDSONG, FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF RATTLESNAKE HAMMOCK ROAD (CR -864) AND COUNTY BARN ROAD, IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 37.6 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 88-6, AS AMENDED, THE FORMER WINDSONG PUD; AND BY PROVIDING AN EFFECTIVE DATE. SEP 1998 J aeoad'40 WHEREAS, Bruce J. Siciliano, AICP of Agnoli, Barber 6 Brundage, Inc., representing Uri Eli-Av, Elias Brothers, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 17, Township 50 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Ofwial Zoning Atlas Map numbered 0617S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 88-6, as amended, known as the Windsong PUD, adopted on January 12, 1988 by the Board of County Commissioners of 0ollier County, is hereby repealed in its entirety. ECTION THREE: This Ordinance shall become effective upon filing with the Department of State. -1- Attachment 2 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this Z4?5� day of , 1998. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT F�� ; BEtf��tl�� clerk COLLIER COUNTY, FLORIDA wy :BAR qi to Chairmall *PIPIArt"UrIal-rikto Forip and Legal Su£iiciehbY This ordinonr• F. Secretory of c 40 day of Mar M. Student and ocknowled gement of that Assistant County Attorney filing received th1349,o1(-t6y of By f/POD-17-31(2) ow,*, 0 -2- VnMSONG PLANNED UNIT DEVELOPMENT AMENDMENT 37.6 Acres Located in Section 17, Township 50 South, Range 26 East, Collier County. Florida PREPARED BY: AGNOLI, BARBER do BRUNDAGH, INC. 7400 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34108 ABB PROJECT NO.7653/X003 July, 1998 PREPARED FOR ELIAS BROTHERS, INC. 1805 W. CROWN POINTE BLVD. NAPLES, FLORIDA 34112 AND DR. RICHARD ZEHNER 310 W. MARKET STREET ORWIGSBURG, PA 17961 Date Amendment Filed Data Amendment Revised Dau Amendment Revlewed by CCPC Daft AmendmeatApprovedbyBCC 9/8/98 Amendment And Repeal Ordinance Number_8-6 EXHIBIT A TABLE OF CONTENTS PAGE LIST OF EXHIBITS i SECTION I STATEMENT OF COMPLIANCE...................................................................1-1 SECTION 11 STATEMENT OF INTENT PROPERTY OWNERSHIP do DESCRIPTION................................................2-1 SECTION III GENERAL DEVELOPMENT REGULATIONS.............................................3-1 SECTION IV GENERAL DEVELOPMENT COMMITMENTS...........................................41 11 • LIST OF EXHIBITS EXHIBIT A P.U.D. Master Plan, ABB File NO. 6596 EXHIBIT B UTILITIES DEPARTMENT MEMORANDUM DATED AUGUST 21, 1987 n The development of approximately 37.6 acres of property at the northwest corner of County Barn Road and Rattlesnake Hammock Road (C.R. 864) in Collier County, as a Planned Unit Development to be known as Windsong and permitting 145 residential single family dwelling units, including zero lot lines units as defined by DIV. 6.3 of the Collier County Land Development Code on, 37.6 acres will be in compliance with the goals, objectives and policies of Collier County Growth Management Plan for the following reasons. Residential Project 1. The subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. 3. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use EIement. 4. improvements are planned to be in compliance with applicable land development regulations as set forth in objective 3 of the Future Land Use Element. 5. The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the Future Land Use Element. 6. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required in forthcoming regulations required by Objective 1.5 of the Drainage Sub -Element of the Public Facilities Element. 7. The residential density of approximately 3.86 dwelling units per acre (145 single family dwelling units on 37.6 acres) is in compliance with the future land use element via Policy 5.1 • as this PUD results in a reduction in density from the previous PUD (Ordinance 1193-74) which permitted 134 single and multi -family dwelling units on 33.6 acres and 104 ACLF units on 4 acres. 06-93M.&C 1-1 SECTION II STATEMENT OF INTENT PROPERTY OWNERSHIP AND DESCRIPTION 2.1 PURPOSE The purpose of this section is to outline the description of the subject property, including the Iegal description, general description of the property area, physical description, project description, ownership and the Statement of Intent. 2.2 LEGAL DESCRIPTION The southwest'/. of the southwest'/. of Section 17, Township 50, Range 26 East, Collier County, Florida, less and except the road right-of-way for County Barn Road and Rattlesnake Hammock Road. 2.3 PROPERTY OWNERSHIP Fee Simple Owner: Dr, Richard F. Zehner 310 West Market Street Orwigsburg, PA 17961 2.4 GENERAL DESCRIPTION OF PROPERTY AREA Located in eastern Naples, the subject site is surrounded by urban development with multi- family housing and the Lely Resort to the south, a mobile home neighborhood to the east, a multi -family neighborhood on the west and Riviera Golf Estates to the north. 2.5 PROJECT DESCRIPTION/STATEMENT OF INTENT It is the sponsor's intention to create a gated single family residential, development. The development shall be located around a manmade lake and areas of natural vegetation which enhance the development with natural beauty and a neighborhood recreation/pool area aa-ssakl.doc 2-1 0 f The revised PUD Master Plan proposes to delete all multi -family and ACLF units to create an attractive, secure single family neighborhood oriented around an enlarged central lake, and a native pine flatwoods conservation area abutting County Ban Road. A community recreation area and pool within two to three minutes walking distance of all homes is also proposed. The existing PUD currently pemvts 134 single family and multi -family units at a density of 4 dwelling units/ac, an ACLF of 144 units on four acres and a conseivation area of 1.2 saes. The revised PUD Master Plan proposes a reduction in density and intensity and a substantial increase in Native Conservation Area and open space. All multi -family and ACLF units are also deleted. The new development program proposes 145 units at a gross density of 3.86 z units/acres. Nstive conservation area has been increased from 1.2 acres to approximately 6.1 acres, an increase of 544%. The new PUD represents a substantial improvement in design quality by creating a well - conceived secure single family neighborhood. In contrast, the existing master plan consists of three unrelated uses without any sense of neighborhood focus or environmental sensitivity. Access to Wuxisong will be via an entrance along Rattlesnake Hammock Road at an existing median opening. Rattlesnake Hammock Road was recently widened to a four -lane, divided facility. A temporary construction access along County Barn Road is also proposed. 2.6 SHORT TITLE This Ordinance scall be known and cited as the WINDSONG P.U.D. Ordinance. 2.7 PHYSICAL DESCRIPTION The subject property is located in Eastern Naples in Collier County and consists of 3763 acres of land. The site possesses frontage on both Rattlesnake Hammock Road and County Barn Road, both of which are County maintained arterial and collector roads. Access to the site is proposed at existing median openings on both roadways. A wetland exists near the caner of the site and is vegetated with pinelcypnm with invasion of melaleuca. Because the site is surrounded by urban development, the natural drainage pattens have been 49 significantly altered. obarets.ea 2-2 .0. SECTION III GENERAL DEVELOPMENT REGULATIONS 3.1 PURPOSE The purpose of this section is to delineate and generally describe the project plan of development, the respective land uses included in the project, and the development criteria. 3.2 GENERAL Regulations for development shall be in accordance with the contents of this document, PUD -Planned Unit Development District and other applicable rection and parts of the "Collier County Land Development Code and Growth Management Plan^. Residential areas designated on the Master Plan are to accommodate single family housing including zero lot line units as defined by DIV. 6.3 of the Collier County Land Development Code, essential services and customary accessory uses. MODEL UNITS AND SALES FACILITIES A. In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6.33.4 of the Collier County Land Development Code. B. Temporary sales trailers and construction trailers can be placed on the site after Site Development Plan approval and prior to the recording of the Subdivision Plats, subject to the other requirements of Section 2.6.33.3 of the Land Development Code. 3.3 PERMITTED USES AND STRUCTURES No building or structure, or pert thereof, shall be erected, altered, or used, or land or water used in whole or in part, for other than the following: . 1. PERMITTED PRINCIPAL USES AND STRUCTURES: 1) Single family dwellings, including zero lot line, units pursuant to DIV 6.3 of the CCLDC detached single family homes, 2) Water management retention and lake areas, 3) Conservation area 0"Us.ax 3-1 i 2. PERMITTED ACCESSORY USES AND STRUCTURES: 1) Customary accessory uses and structures; 2) Signs; 3) Essential services, including interim utility plants; 4) Recreational facilities; 5) Gatehouse; 6) Swimming pools with screen enclosures. 3.4 PERMITTED MAXIMUM NUMBER OF DWELLING UNITS One hundred and forty-five (145) residential dwelling units. 3.5 MINIMUM STANDARDS Minimum standards for parking, landscaping, lighting, and signage, and other standards not specified herein, shall be in conformance with applicable County standards in effect at the time building permits are sought. 3.6 PROJECT DENSITY The total acreage of Windsong is approximately 37.6 acres. The maximum number of dwelling units to be built on the total acreage is 145. The number of dwelling units per gross acre on the residential tracts is approximately 3.96. 3.7 LAKES AND RETENTION A proposed lake and stormwater retention area has beet sited in proximity to the existing and proposed roadways to permit optimum use of the land, increase the efficiency of the water management system, and enhance the project's overall aesthetic character. Fahibit'A' - PUD Master Plan shows the proposed location of the lake and retention area Accordingly, the setback requirements described in the Collier County Excavation Regulations may be reduced with the approval of the Development Services Director. Excavated material in an amount up to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated may be removed from the development. ea939".d« 3-2 WINDSONG DEVELOPMENT STANDARDS SINGLE FAMILY PERMITTED USES ZERO STANDARDS DETACHED LOT LINE••• MINIMUM SITE 7500 3850 AREA SF SF SITE WIDTH 70' 35' MIN. AVG.(cxcept cul-de-sacs) SITE DEPTH 110' 110' MIN. AVG. SIDE YARD 5' 0 OR 5' FRONT YARD 20 20' LAKE BANK 10' 10' SETBACK* REAR YARD 15' 15' SETBACK" MAX. BUILDING 35' 35' HEIGHT. (FT.) DIST. BETWEEN 10' 0 OR 10' PRINCIPAL STR. .FLOOR AREA 1000-' 1000= MINIMUM (SF) 1 Story 1 Story 1200- 1200- 2 Story 2 Story • Ser Sealon 17 •' Rear sefbmk is l0' jor accessory uses and sownurs. ••• As i&Ob-a by DIV. 9.3 gl0w Co Mer CowW Sod Drwkp wn/ Cody 06-08saoc 3-3 • 3.8 LANDSCAPE BUFFER A landscape buffer shall be established around the perimeter of the property in accordance with the standards of Section 2.4.7, Alternative B, of the Land Development Code. The landscape buffer that is shown on the PUD Master Plan is 20' wide. 3.9 POLLING PLACES Polling places;hall be a permitted use for the Supervisor of Elections in conformance with Section 2.6.30 of the Land Development Code. 3.10 SrM DEVELOPMENT PLAN APPROVAL Site development plan approval shall be as set forth in Division 3.3, Site Development Plans, of the Land Development Code. oaasaaeoc 3-4 SECTION IV GENERAL DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this section is to set forth the standards for development of the project 4.2 TRANSPORTATION IMPROVEMENTS L Project entrance locations, as well as turn lanes and median openings at the project entrances, shall be required as provided for in Ordinance #93-64, Right-of-way Construcpon Standards Handbook, and Resolution #92-442, Access Control Policy. These improvements will be shown on the Preliminary Subdivision Plat and Construction Drawings and will be constructed at the time building perntits are issued. b. A sidewalk/bike path shall be located along one (1) side of the main internal road system. These improvements will be shown on the Preliminary Subdivision Plat and Construction Drawings and will be constructed at the time building permits are issued. C. Access to the residential tract on Rattlesnake Hammock Road shall be designed with an internal -17 intersection with sufficient throat distances so as not to impede traffic. d. The County reserves the right to control both the location of the access and the design of such access, All costs associated with providing the necessary design, construction and permitting will be at the sole expense of the owner/developer. C. All roadways throughout the project are private. f. The owner/developer shall be responsible for payment of all costs associated with the design, construction and permitting of turn lanes and tapers to serve this development g. The developer shall provide arterial level street lighting at all project accesses prior to issuance of the first Certificate of Occupancy. h. In accordance with Ordinance #92-22, as amended, requiring development to contribute its proportionate share of funds to accommodate the impact of proposed development . and area roads, WINDSONG or its successors or assigns, agrees to pay road impact fees in accordance with said Ordinance. All of the above improvements are considered 'site related' as defined in Ordinance #92-22, as amended, and shall not be applied as credits for any impact fees required by that Ordinance. ocarats.&C 4-1 i. All traffic control devices used, excluding street name signs, shall comply with the Manual on Uniform Traffic Control Devices (Chapter 316.0747, Florida Statutes). 4.3 SOLID WASTE DISPOSAL Arrangements and agreements shall be with the approved solid waste disposal service to provide for solid Waste collection service to all areas of the project. 4.4 PUD MASTED DEVELOPMENT PLAN a The PUD Master Plan (Exhibit A ), is an illustrative preliminary development plan. b. The design criteria and layout illustrated on the Master Plan shall be understood as flexible so that the final design may satisfy the project and comply with all applicable requirements. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities. d. Minor design changes shall be permitted subject to County staff administrative approval. In the case of clustered housing with a common architectural theme, required property development regulations and setbacks may be waived or reduced provided a site development plan is approved by Collier County under Division 3.3 of the Land Development Code. C. Arrest illustrated as 'lakes* shall be constructed as lakes, or upon approval, parts thereof may be green area in which as much natural foliage as practicable shall be preserved. Such arras, lakes and/or natural green areas, shall be of general area and configuration as shown on the Master Plan. f. The roads within WINDSONQ are planned to be private mads. They will be deslgoed to two-lane local street standards, with the option of reducing the right-of-way width to fifty feet with the approval of the Development Services Director prior to the . preparation of construction plans. All required improvements may be installed in the proposed right-of-way. "-"$UAW 4-2 0 4.5 UTILITIES A. Telephone, power and TV cable service shall be trade available to all residential units. All such utility lines shall be installed underground. b. The stipulations contained in the Utilities Department memorandum dated August 21, 1987, are herein incorporated by reference (Exhibit "B"). 4.6 WATER MANAGEMENT L Detailed site drainage plans shall be submitted to the Development Services Director for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Development Services Director. b. In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of 3 -day duration and 25 -year return frequency. The use of off-site discharge from the project during the design storm event must be approved by SFMWD prior to the issuance of any construction permits for this project. Off-site discharge, if so permitted, shall be limited to 0.06 cfs/acm, C. An Excavation permit will be required for the proposed lake in accordance with the Collier County Excavation Regulations. 4.7 ENVIRONMENTAL ADVISORY BOARD STIPULATIONS a. Petitioner shall be subject to Division 3.9 of the Land Development Code requiring the acquisition of a vegetation removal permit prior to any land clearing. A site clearing plan shall be submitted to the Planning Services Department for their review and subject to approval prior to any work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation as shown oa the revised PUD Master Plan. • b. All exotic plants, as defined in the Land Development Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development pian approval, a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. Thu plan, which will describe control techniques and inspection intervals, shall be filed with and subject to approval by the Planning Services Department. 06-ntuAoc 4-3 c. If during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at the location shall be inunediately stopped and the Planning Services Department notified. Development will be suspended for a sufficient length of time to enable the Planning Services Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Planning Services Department will respond in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. d. Environmental permitting shall be in accordance with the sale of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmenpal Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. e. All conservation areas shown on the PUD Master Plan shall be recorded on the plat with protective covenants per or similar to section 704.06 of the Florida statues. Conservation areas shall be dedicated on the plat to the project's homeowners association or like entity for ownership and maintenance responsibilities and to Collier County with no responsibility for maintenance. f. The PUD Master Plan has been updated based on the findings of the U. S. Army Corps of Engineers (Corps) and the South Florida Water Management District regarding jurisdictional wctands. Due to the poor quality of the proposed wetland preserve, both the CORPS and the South Florida Water Management District recommend mitigation by obtaining land off-site. The PUD Master Plan provides for the preservation of 6.1 acres of native vegetation in the form of pine flatwoods, which represents 164/. of total PUD acreage. At the time of PSP submittal, the petitioner shall show area not less than 16% of retained native vegetation. Retained areas of native vegetation shall be preserved in their entirety with all tris, understory and ground cover left intact and undisturbed, except for prohibited exotic species removal. These areas shall be recorded on the final plat with protective covenants per or similar to section 704.06 of the Florida statutes and shall be dedicated on the plat to the project's homeowners association or like entity for ownership and maintenance responsibilities and to Collier County with no responsibility for maintenance. 4.8 EAST NAPLES FIRE DISTRICT STIPULATIONS • a. This department will require that all fine hydrants be served by a minimum 8" looping water main with hydrants spaced no further than 500 & apart. b. All structures shall be so arranged that fire apparatus will have sufficient access to them. 0sa39k8.a= 4-4 0 WINDSONG PLANNED UNfT DEVELOPMENT It I� im-ll �zzig emu wrrw 001�11M1/1�RM �� DATE: -.'M E M O R A N D V M August 21, 1987 PLANN.• TO: Ann McKim, Planning & Zoning Directox FROM: John F. Madajewski, Utilities Engineering Director^ REs Petition R -87-33C, windsong ------------------------------------------------------------------------- We have reviewed the above referenced Petition and have no objection to the rezone as requested. However, we require,the following stipulations as a condition to our recommendation for approval: A) Nater & Sewer 1) water distribution and sewage collection and transmission systems will be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water and sewer facilities constructed within platted rights-of-way or within utility easements required by the County shall be conveyed to the County for ownership, operation and maintenance purposes pursuant to appropriate County ordinances and,regulatidns in effect at the time of conveyance. All water and sewer facilities -constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. Upon completion of construction of the water and sewer facilities within the project, the facilities will be tested to insure they meet Collier county's utility construction requirements in effect at the time construction plans are approved. The above tasks must be completed to the satisfaction of the Utilities Division prior to placing any utility facilities, County owned or privately owned, into service'. Upon completion of the water and/or sewer facilities and prior to the issuance of Certificates of Occupancy for structures within the project the utility facilities shall be conveyed to the County, when required by the Utilities Division, pursuant to County Ordinances and Regulations in effect at the time conveyance is requested. 2) All construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. ® 3) All customers connecting to the water distribution and sewage collection facilities will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the county not be in a position to provide water and/or sewer service to the project, the water and/or sewer customers shall be customers of the interim utility established to serve the project until the County's off-site water and/or sewer facilities are available to serve the project. EXHIBIT "B", P39d 1 of 5 ; To: Inn McKim, P1 nning'G Zoning Director Page 2 August 21, 1987 4) It is anticipated that the County gtilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and/or receive the project's wastewater at the time development commences, the Developer, at his expense, will install and operate interim water supply and on-site treatment facilities and/or interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. 5) An Agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns or successors, legally acceptable to the County, prior to the approval of construction documents for the proposed project, stating thats a) The proposed water supply and on-site treatment facilities and/or on-site wastewater treatment and disposal facilities, it required, are to be constructed as part of the proposed project and must be regarded as interim; they shall be constructed to State and Federal standards and are to be owned, operated and maintained by the Developer, his assigns or successors until such time as the County's off-site water facilities and/or off-site sewer facilities are available to service the project. The interim treatment facilities shall supply services only to those lands owned by the Developer and approved by the County for development. The utility facility(ies) may not be expanded to provide water and/or sewer service outside the development boundary approved by the County without the written consent of the County. b) Upon connection to the County's off-site water facilities, and/or sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the site the interim water and/or - sewage treatment facility and discontinue use of the water supply source, if applicable, in a manner consistent with State of Florida standards. All work related with this activity shall be performed at .no cost to the County. e) Connection to the County's off-site water and/or sewer facilities will be made by the owners, their assigns or successors at no cost to the County within 90 days after such facilities become available. The cost of connection shall include, but not be limited to, all .engineering design and preparation of construction documents, permitting, modification or refitting of existing sewage pumping facilities or construction of new master sewage pumping facilities, Interconnection with County off-site facilities, water and/or sewer lines necessary -to make the connection(s), etc. page 2 of 5 To: Ann McKim, Pl nning x Zoning Director I Page 3 August 21, 1987 LIM d) At the time County off-site water and/or sewer facilities are available for the protect to connect with, the following water and/or sewer fAcilities shall be conveyed to -the County pursuant to appropriate County Ordinances and Regulations in effect at the time: 1) All water and/or sewer facilities constructed in publicly V. owned rights-of-way or within utility easements required by the county within the project limits required to make connection with the County's off-site water and/or sewer facilities; or, 2) All water and sewer facilities required to connect the ' project to the County's off-site water and/or sewer facil- ities when the on-site water and/or sewer facilities are constructed on private property and not required by the • County to be located within utility easements, including but not limited to the following: a) Main sewage lift station and force main inter- connecting with the County sewer facilities including ail utility easements necessary; b) Water distribution facilities from the point of connection with the County's water facilities to the master water meter serving the project, including all utility easements necessary. . e) The customers served -on an interim basis by the utility system constructed by the Developer shall become customers of the County at the time when County off-site water and/or sewer facilities are available to serve the project and such connection is made. Prior to connection= of the project to the County's off-site water and/or sewer facilities the Developer, his assigns, or successors shall turn over to the County A complete list of the customers served by the interim utilities system and shall not compete with the County for the service of those customers. The Developer shall also provide the County with a detailed inventory of the facilities served within the project and the entity which will be responsible for the water and/or sewer service billing for the project. �f) All construction plans and technical specifications related to connections to the County's off-site water and/or sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. Page 3 of 5 Toi Ann McKim, Planning'G Zoning Director Page 1 August 21, 1987 g) The Developer, his assigns or successors agree to pay all system development charges at the time that Building Permits are required, pursuant to appropriate County Ordinances and'Regulations in effect at the time of Permit request. This requirement shall be made known to all prospective buyers of properties for which building permits will be required prior to the start of building construction. h) The County will lease to the Developer for operation and maintenance the water distribution and/or sewage collection and transmission system for the sum of $10.00 per year, when such system is not connected to the off-site water and/or sewer facilities owned and operated by the County. Terms of the lease shall be determined upon completion of the proposed utility construction and prior to activation of the water supply, treatment and distribution facilities and/or the sewage collection, transmission and treatment facilities. The Lease, if required, shall remain in effect until the County can provide water and/or sewer service through its off-site facilities or until such time that bulk rate water and/or sewer service agreements are negotiated with the interim utility system serving the project. B) Data required under County Ordinance No. 80-112 showing the avail- ability of sewage service, must be submitted and approved by the Utilities Division prior to approval of the construction documents for the project. submit a copy of the approved DER permits for the sewage collection and transmission systems and the wastewater treatment facility to be utilized, upon receipt.thereof. C) if an interim on-site water supply, treatment and transmission facility is utilized to serve the proposed project, it must be properly sized to supply average and peak day domestic demand, in addition to fire flow demand at a rate approved by the appropriate Fire Control - District servicing the project area. D) Construction and ownership of the water and sewer facilities, including any proposed interim water and/or sewage treatment facilities, shall be in compliance with all Utilities Division Standards, Policies, Ordinances, Practices, etc. in effect at the time construction approval is requested. E) Detailed hydraulic design reports covering the water distribution and sewage collection and transmission systems to serve the project must be submitted with the construction documents for the project. The reports shall list all design assumptions, demand rates and other factors pertinent to the system under consideration. page 4 of 5 To: Ann McKim, Planning'& Zoning Director Page 5 August 21, 1987 F) The on-site water distribution system to serve the project shall be connected to the District's 12 inch water main on County Barn Road, extended throughout the project and looped to the District's 8 inch water main on Rattlesnake Hammock Road. During the design of these facilities, the following features shall be incorporated into the distribution system; a) Dead and mains shall be eliminated whenever possible by looping the internal pipeline network. G) The existing off-site sewage transmission facilities of the " District must be evaluated for hydraulic capacity to serve this ' project, improved as required outside the'project boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact -to the existing transmission facilities and extended within the project limits as required. If the District's Regional Sewage Transmission facilities are available for service within the rights-of-way of Rattlesnake Hammock Road, at the time design commences on the project, connection shall be mada.directly to those facilities after completion of the necessary hydraulic analyses. H) Section 5.5 - utilities of the rezoning petition document shall be revised to include the above stipulations and specify the Petitioner's acceptance of them. A draft Ordinance for the rezoning approval, which contains the above stipulations, must be saba<itted to the Utilities Division for review and approval•priot to the Petition being considered by the Board of County Commissioners. A C4 JFM/sh co: A10 D. Reynolds - Wilson, Miller, Barton, Soll a Peek, Inc. is Page 5 of 5 ' i STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a tnie copy of: ORDINANCE NO. 98-73 Which was adopted by the Board of County Commissioners on the 8th day of September, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 10th day of September, 1998. DWIGHT E. BROCK Clerk of Courts Ex -officio to R County Commissi —I.- .. - . %— . By: Ellie Hoffman Deputy Clerk AGENDA ITEM 7-I MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: JULY 17, 1998 RE: PETITION NO: PUD -87-33 (2), WINDSONG PUD AGENT/APPLICANT: l Agent: Bruce J. Sicilian Agnoli, Barber & Brundage, Inc. 7400 Tamiami Trail North Naples, Florida 34108 Owner: Dr. Richard F. Zehner 310 West Market Street Orwigsburg, PA 17961 Contract Purchaser: Mr. Uri Eli-Av Elias Brothers, Inc. 1805 W. Crown Pointe Boulevard Naples, Florida 34112 �y � } C �0 V1111 ✓7 r GEOGRAPHIC LOCATION: The subject property is located on the northwest corner of Rattlesnake Hammock Road (CR -864) and County Barn Road in Section 17, Township 50 S, Range 26 E. (See map on following page) The petitioner is requesting an amendment to the Windsong Planned Unit Development (PUD) and Master Plan to eliminate multi -family dwellings and the Adult Congregate Living Facility (ACLF) units as a permitted structure while retaining the single family dwelling units. The petitioner is also proposing to increases the number of dwelling units from 134 to 145 units. The proposes of this petition is to amend the PUD Document and master pian Dy eammaung au the multi -family and ACLF units. The petitioner's stated intent is to develop the site with attached single family dwelling units utilizing the zero lot line development standards. It should be noted that the PUD is eligible to receive 3 units per acre on the former 4 acre ACLF tract which is eligible for 12 additional dwelling units. However, the petitioner is only requesting 11 additional dwelling units resulting in a grand total of 145 units. Therefore, the new project density of 3.86 units per acre is 0.13 units per acre less than the residential density allowed in the currently approved PUD. This is based on a carryover of the 134 dwelling units, and conversion Attachment 3 of 104 ACLF units to 11 dwelling units. Other modifications include revisions to the master plan that allows the residential units to be oriented around a centralized lake. Lastly, there are a number of changes to the environmental conditions that increases the native habitat from 1.2 acres to 4.8 acres which represents a 400 percent increase in native vegetation over the amount provided for in the existing plan. Existing Conditions: The subject site is undeveloped and is zoned PUD Surrounding: North - Developed single family; Zoned: Riveria Colony PUD" (3.68 du's/acre) East - County Barn Road & developed residential; Zoned: Mobile Home "MH" South - CR -864 & developed multi -family; Zoned: "RMF -16" West - Developed multi -family; Zoned: "RMF -6" View along the western property line. This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan, as noted below: Future Land Use Element (FI UE)_ The Windsong PUD was originally approved under Ordinance 88-6 on January 1, 1988. Permitted uses consisted of 180 single family and multi- family units at a gross density of 4.79 units per acre, 104 ACLF units and 2.5 acres of C-1, C-2 or C-3 commercial uses. Pursuant to Zoning Re-evaluation Ordinance No. 90-23, the PUD was amended on October 12, 1993 to permit 134 single and multi -family units on 33.6 acres and 104 ACLF units on 4 acres. This results in a density of 3.99 units per acre for the residential units and 26 units per acre for the 4 acre ACLF tract. The project lands are located with the Urban - Residential -Mixed Use designated area on the FLUE Map to the GMP. A consistency analysis with applicable elements of the GMP is as follows: FLUE and Density - The owner entity is currently entitled to initiate a development order for the construction of 134 single and multi -family units on 33.6 acres. The proposed conversion of the 4 acre ACLF tract to residential uses at 2.75 units per acre is consistent with the density rating system contained in the FLUE and is based on the following relationship as noted below: Base Density +4.0 dwelling units per acre Traffic Congestion Boundary -1.0 dwelling units per acre Maximum Permitted Density +3.0 dwelling units per acre rt 1 E l' i , jj� r.-� :.� c �4, i� n.y,1 '�'vf (O -L • �,% j y 5`i�. �i-1 1 2 elements of the GMP and level of service relationships are to be achieved by stipulations and/or development commitments made a part of the approval of this development order. This petition was referred to all appropriate County agencies for their review. Since no level of service (LOS) standard will be adversely affected by this amendment, these agencies have recommended approval subject to appropriate stipulations that are consistent with the Land Development Code and which have been incorporated into the revised PUD document. This petition went to the Environmental advisory Board on July 1, 1998. They have required that 25 percent (9.4 acres) of conservation areas be retained on-site. EVALUATION: The purpose of this petition is to amend the Windsong PUD even though the process is one of rezoning the land from "PUD" to "PUD". The intent is to achieve a level of administrative convenience because it avoids the requirement to track amendments to the original document in order to understand the totality of the regulations as they apply to the PUD zoning district. For this reason staff is of the opinion that the required findings for standard and PUD rezones do not apply in recognition of the fact that when the property was initially rezoned, the decision to approve the subject PUD was based upon a preponderance of evidence and conditions which supported the required findings for PUD rezoning actions. However, staff has evaluated the proposed amendment and has the following comments: The changes to the tract boundaries will allow for a more unified conservation and preservation area. Furthermore, the elimination of the ACLF will create a more unified residential community. Other changes include slight reductions to the setback and lot area requirements to accommodate the proposed dwelling units. Lastly, this PUD amendment will not adversely impact any level of service standard and is consistent with the currently adopted GMP via FLUE Policy 5.1 (`Reduction in Density"). A compatibility study conducted by staff indicates that the proposed amendment reduces the density and intensity of the existing PUD to a level that is similar to the PUw i&_GAI tes PUD to the north. It is also less dense than the multi -family developments to the south, west and east. Since the amended PUD eliminates the multi -family and the ACLF units as permitted uses, the resulting attached zero lot line development will be more unified and architecturally compatible with the detached single family development to the north and with the multi -family units to the south and west. No longer is there an intermixing of single family, multi -family and ACLF dwelling types as is currently allowed in the PUD. Furthermore, all public facilities, including transportation have been deemed adequate to serve the project. The petitioner also proposes some minor modifications to the development standards. For example, the lot width for the zero lot line lots has been reduced from 50 feet to 35 feet while the side yard setback is reduced from 7.5 feet to 5 feet for detached units. Lastly, the front yard setback is reduced from 25 feet to 20 feet. The adjacent properties to the west and south are currently developed with multi -family dwelling types that includes rental apartments. To the east is a Mobile Home Park that is developed with approximately 760 units. These multi -family and mobile home developments are separated from the Windsong PUD's residential tracts by County Barn Road and a conservation area on the east side and by Rattlesnake Hammock Road and landscaping along the south property line. To 4 � R �" 2 ORDINANCE 98- 3 4 5 AN ORDINANCE AMENDING ORDINANCE NUMBER 6 91-102, THE COLLIER COUNTY LAND 7 DEVELOPMENT CODE, WHICH INCLUDES THE 8 COMPREHENSIVE ZONING REGULATIONS FOR THE 9 UNINCORPORATED AREA OF COLLIER COUNTY, 10 FLORIDA, BY AMENDING THE OFFICIAL ZONING 11 ATLAS MAP NUMBERED 06175 BY CHANGING THE 12 ZONING CLASSIFICATION OF THE HEREIN 13 DESCRIBED REAL PROPERTY FROM "PUD" TO 14 "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS 15 WINDSONG, FOR PROPERTY LOCATED ON THE 16 NORTHWEST CORNER OF RATTLESNAKE HAMMOCK 17 ROAD (CR -864) AND COUNTY BARN ROAD, IN 18 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 19 EAST, COLLIER COUNTY, FLORIDA, 20 CONSISTING OF 37.6 ACRES; PROVIDING FOR 21 THE REPEAL OF ORDINANCE NUMBER 88-6, AS 22 AMENDED, THE FORMER WINDSONG PUD; AND BY 23 PROVIDING AN EFFECTIVE DATE. 24 25 26 WHEREAS, Bruce J. Siciliano, AICP of Agnoli, Barber & Brundage, 27 Inc., representing Uri Eli-Av, Elias Brothers, Inc., petitioned the 28 Board of County Commissioners to change the zoning classification of 29 the herein described real property; 30 NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS 31 OF COLLIER COUNTY, FLORIDA; 32 SECTION ONE: 33 The Zoning Classification of the herein described real property 34 located in Section 17, Township 50 South, Range 26 East, Collier 35 County, Florida, is changed from "PUD" to "PUD" Planned Unit 36 Development in accordance with the PUD Document, attached hereto as 37 Exhibit "A", which is incorporated herein and by reference made part 38 hereof. The Official Zoning Atlas Map numbered 06175, as described in 39 Ordinance Number 91-102, the Collier County Land Development Code, is 40 hereby amended accordingly. 41 SECTION TWO: 42 Ordinance Number 88-6, as amended, known as the Windsong PUD, 43 adopted on January 12, 1988 by the Board of County Commissioners of 44 Collier County, is hereby repealed in its entirety. 45 46 -1- 3 s��r=� ►�i EXECUTIVE SUMMARY PETITION: PUD -87-33 (2), MR. BRUCE J. SICILIANO, OF AGNOLI, BARBER & BRUNDAGE, INC., REPRESENTING MR. URI ELI -AV, ELIAS BROTHERS, INC., REQUESTING AN AMENDMENT TO THE "WINDSONG" PLANNED UNIT DEVELOPMENT (PUD), ORDINANCE NUMBER 93-74 FOR THE PURPOSES OF ELIMINATING THE MULTI -FAMILY DWELLING TYPES AND THE ADULT CONGREGATE LIVING FACILITY (ACLF) UNITS AND IN ITS PLACE PERMIT SINGLE FAMILY DWELLING UNITS UTILIZING THE ZERO LOT LINE DEVELOPMENT STANDARDS THEREBY INCREASING THE NUMBER OF DWELLINGS FROM 134 TO 145 UNITS FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF RATTLESNAKE -HAMMOCK ROAD (CR -864) AND COUNTY BARN ROAD IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner seeks to amend the Windsong PUD, Ordinance Number 93-74 as noted above and to revise the PUD Document to meet current Land Development Code terminology and standards. CONSIDERATIONS: The requested amendment to the Windsong PUD Document and master plan proposes to eliminate all the multi -family and ACLF units. The amended PUD document only permits single family dwellings and attached dwellings utilizing the zero lot line development standards as defined in the Land Development Code. It should be noted that the PUD is eligible to receive an additional 3 units per acre on the former 4 acre ACLF tract which results in 12 additional dwelling units. However, the petitioner is only requesting 11 additional units at a density of 2.75 units per acre. This will result in a total of 145 dwelling units on the 37.6 acre tract. As a result, the new project density of 3.86 units per acre is 0.13 units per acre less than the residential density allowed in the currently approved PUD. Other modifications include revisions to the master plan that allows the residential units to be oriented around an enlarged and centralized lake area and eliminating the access point onto County Barn Road. Lastly, there are changes to the environmental conditions which include increasing the retained native habitat provided on the existing plan from approximately 6 percent to an amount not less than 16 percent. It should be noted that although the 25 percent retained native habitat requirement for new projects is not being met, the LDC provides exceptions to that policy for parcels that cannot reasonably accommodate both native vegetation and the proposed activity. This is especially true for small developments or in- fill residential projects. The current development rights entitle the owner to 134 dwelling units and 104 ACLF units pursuant to Zoning Re-evaluation Ordinance No. 90-23. It should be noted that the Density Rating System includes no provision to retain these 134 dwelling units. Instead, the Density Rating System would limit the entire 37.6 acre PUD to 3 dwelling units per acre for a total of 113 dwelling units per acre. However, Policy 5.1 of the FLUE provides that: Projects approved prior to adoption of the Plan and found to be consistent through the zoning reevaluation program will be permitted toMM,,����,3 provided the permitted number of dwelling units and the intensity of development allow by te-PH$`�'"' 1 SEP 0 8 1998 including impacts to roads, water, sewer, drainage, solid waste and parks are not increased. In addition, "changes to residential zoning districts which constitute a reduction in density will also be permitted." In staffs opinion, this amendment to eliminate 104 ACLF units and add 11 single family units will result in reduced impacts to roads, water, sewer, drainage and solid waste. The amendment also results in a slight reduction in density by 0.13 units per acre. In addition to the above FLUE consistency analysis, it should be noted that the development rights to this property come under scrutiny on October 23, 1998, pursuant to the sunsetting provisions of the Land Development Code. It is entirely unlikely that development could occur in a manner that would delay application of a review of this PUD pursuant to the sunsetting provisions. A compatibility study conducted by staff indicates that the proposed amendment reduces the density and intensity of the existing PUD to a level that is similar to the Riveria Golf Estates PUD to the north which has an approved density of 3.6 units per acre. It is also less dense than the multi -family developments to the south and west. Since the amended PUD eliminates the multi -family and the ACLF units as permitted uses, the proposed detached single family or attached dwelling units utilizing the zero lot line development standards will be more unified and architecturally compatible with the single family development to the north and with the multi -family units to the south and west. In addition, the traffic impact review indicates that the proposed amendment will generate approximately 120 fewer trips per day than the amount currently allowed in the currently approved PUD. Furthermore, Rattlesnake Hammock Road is currently a 4 lane road fronting the project. The current traffic count for this segment is 9,446 AADT which results in LOS "A" operation. The current traffic count for County Barn Road is 10,658 and is operating at LOS "C". The Collier County Planning Commission heard this petition on August 6, 1998. They unanimously recommended approval of this petition by a 7 to 0 vote. Staff has also received 2 letters in support of this PUD amendment petition. In addition, several neighboring residents spoke during the public hearing requesting information on the future platting of the lots, the drainage and on the architectural style of the dwellings. They also expressed general support for the amendments as proposed. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: Approval of this amendment to the Windsong PUD Document is consistent with Policy 5.1 of the Future Land Use Element of the Growth Management Plan. The requested density of 2.75 units per acre on the former 4 acre ACLF site results in 11 additional dwelling units which is .25 units per acre less than the site is eligible to receive by the density rating system. Therefore, this amendment will not have an adverse impact on the Growth Management Plan. PLANNING COMMISSION RECOMMENDATION: That Petition PUD -87-33 (2) be approved as described by the Ordinance of Adoptio an&txhW ' thereto made a part of this executive summary submission. 2 SEP 0 8 1998 PREPARED BY: 7 R RAY LOWS, PRINCIPAL PLANNER DAT CURRENT PLANNING SECTION IE BY: NAL , AICP, MANAGER DATE 7' NT PLANNING SECTION s•k.;-fie OBERT A MULBERE, AICP, DIRECTOR DATE PL G SERVICES DEP TMENT VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. PUD -87-33 (2) EX SUMMARY/RVB/rb AGENDA ITEM SEP 0 8 1998 NUNNER Villas at Greenwood Lake HOA Preservation Area Plan November 2016 9 Preserve area removed New Limit of Preserve 30' off of property line Summary: Relocated from Preservation Area R' emove 30 along east property Ime 30' by 816' equals 24,480 sf ID 131 77 m► LF Zs NICP • O. s ... U . -ti f.c! New Preservation Area 133 ��f. Add 112.81' by 217' as shown fe► f.r . .. Equals 24,480 sf f.. OMMO ox ( - New Preserve area added 112.81 ' by 217' f t! 1 .. _ 70 PHASE TWO C9 JIM .II 'Ml.l 3 2 t !AM -AROUND AP" (!EE DETAIL) ry. . •, .., 4.A. .E 6 f =b* CU.E. I ., -_— PEMMUYM �+ +s au.E. YM, a &,W O • , . n ... Rattlesnake Hammock Road -1 f is • Preserve area removed New Limit of Preserve 30' off of property line Summary: Relocated from Preservation Area R' Not to Scale Attachment 4 emove 30 along east property Ime 30' by 816' equals 24,480 sf ID 131 77 m► LF Zs NICP • O. s ... U . 3z° ?a_-- --- °"u New Preservation Area 133 ��f. Add 112.81' by 217' as shown m 134 OM .. Equals 24,480 sf OMMO ox ( - New Preserve area added 112.81 ' by 217' AREA _ 70 PHASE TWO C9 JIM .II 'Ml.l 3 2 t !AM -AROUND AP" (!EE DETAIL) ry. . •, .., 4.A. .E 6 f =b* CU.E. I ., -_— PEMMUYM �+ +s au.E. YM, a &,W O • , . n ... Rattlesnake Hammock Road Not to Scale Attachment 4 Villas at Greenwood Lake HOA Preservation Area Plan November 2016 NUNNER Preservation Area to ROW Cross Section NTS 30' Preservation 10' 20' Landscape Buffer County Barn Area 1 4 1 ROW *6' Wall General Notes 1. Wall setback from Preservation Area is 5' per LDC. 2. Wall excavation for footing setback from Preservation Area is 10' per LDC. 3. Landscaping and wall specifications per requirements at time of permitting. 4. Entire area above contained in Tract `B" Buffer, CE and DE. Refer to Plat Book 31 Pages 87 to 91. 5. *Wall location within 20' landscape buffer to be determined during insubstantial change to construction plans. Page 2 of 2 Page 1 of 1 From: Dick [rbarry@comcast.net] Sent: Saturday, February 11, 2017 7:20 PM To: SmithDaniel Subject: Windsong PUD Insubstantial Change Daniel; When the County exercised their taking of the ROW to widen County Barn Road approximately 900' of our property on County Barn Road was exposed and the property values of our owners in that area decreased an appreciable amount. One former owner told us he had to drop the price by $40,000 when his home failed to sell as a result of their exposure to County Barn. We've had vehicles broken into and on at least three occasions a person or persons unknown have gone through our community at night checking for unlocked vehicles. Additionally, we've had several incidents where people have been found living in the wooded area in our southeast corner and there are unsubstantiated reports that owners have heard people in the pool at night cleaning up. As a board member I have spent the majority of my time since April 2015 on this project; that included three special member meetings. At the end of the process we levied a special assessment to fund the project with the support of the owners; not all of course but all that were in attendance at the last special members meeting. No one likes to be assessed but with the adjustments the vast majority of owners support the project and are anxious to get it done. With the recent announcement of further development on County Barn Road many of our owners are expressing a sense of urgency and are pressing us to get this project done. As we stated in a recent newsletter we are not in control of the process or the timing but acknowledge their concern. Given the absence of objections from abutters in attendance at the NIM it is the hope of the board of directors that the insubstantial change be granted at the public hearing and we be allowed to move forward with getting the fence approved for installation. Thank you Dick Barry, President Villas at Greenwood Lake Attachment 5 file://bcc.colliergov.net/data/GMD-LDS/CDES%20Planning%20Services/Current/Daniel... 3/13/2017 Page 1 of 1 From: Mary Ann Casey [macasey@yahoo.com] Sent: Saturday, February 11, 2017 2:25 PM To: SmithDaniel Subject: Villas at Greenwood Lake Dear Mr. Smith; As an owner of two homes in the Villas at Greenwood Lake I am writing to express my support for the insubstantial change to allow us to enclose the area on County Barn Road opened by the road widening project as well as the additional few hundred feet of the undeveloped lot. We've experienced an increased in unauthorized access and of the homeless or transient population trespassing; this is a great concern to me as my unit at 5502 abuts that area and I have elderly tenants. I ask that the appropriate county official approve this request so we can move ahead and get out fence installed. Sincerely; Mary Ann Casey (239-253-8665) file://bcc.colliergov.net/data/GMD-LDS/CDES%20Planning%20Services/Current/Daniel... 3/13/2017 villas at Greenwood Lake From: David [holmesgroup@hotmail.com] Sent: Sunday, February 12, 2017 9:20 PM To: SmithDaniel subject: villas at Greenwood Lake Mr. Smith, we live at 5541 Greenwood Circle in Naples and submit this contact in support of our HOA's application for a insubstantial change. when we purchased our villa we were impressed with the landscaping and the community but were told the area along County Barn Road would be fenced since the widening of the road had created an opening to our association. This area looks unkept and the homeowners have no privacy. we understand it has been ten months since our engineer began this process and our community has suffered in the interim. Please expedite the process and assist us by getting this change approved. Thank You, Elaine and David Holmes Page 1 Page 1 of 1 From: GEORGE [georgeheineman@comcast.net] Sent: Saturday, February 11, 2017 3:02 PM To: SmithDaniel Cc: rbarry@comcast.net Subject: Relocation of preserve area and installation of fence Mr. Smith As residents of the Villas at Greenwood Lake we are writing to you in support of our community efforts to relocate the preserve area and then install a continuation of our fence on Rattlesnake Hammock Road to and north on County Barn Road to the end of our property line. We are a gated community with our eastern edge wide open as a result of the widening of County Barn Rd.. Thank You Margie and George Heineman 5731 Greenwood Cir file://bcc.cot liergov.net/data/GMD-LDS/CDES%20PIanning%20Services/Current/Daniel... 3/13/2017 Page 1 of 1 From: jacobson05@comcast.net Sent: Sunday, February 12, 2017 9:23 PM To: SmithDaniel Cc: Barry, Dick Subject: Fence We have been residents of the Villas at Greenwood Lake for 11 years and are very proud of our community. Our Board of Directors has consistently seen to it that the community is well-maintained, and we would like to keep it that way. With new developments in our area, traffic on County Barn Road will only be increasing. In our opinion, the addition of the fence on the east side of our development bordering County Barn Road would be a very good addition to our community, and we give it our support. John and Sandra Jacobson 5533 Greenwood Circle file://bcc.colliergov.net/data/GMD-LDS/CDES%20Planning%20Services/Current/Daniel... 3/13/2017 Page 1 of 1 From: Patty and Chet Williams [chetnpatty@comcast.net] Sent: Tuesday, February 14, 2017 3:46 PM To: SmithDaniel Subject: Fence at Villas at Greenwood Lake Mr. Smith we are residents of Villas at Greenwood Lake. We are in favor of the fence because we believe that the residents that back up to County Barn Road deserve the privacy that they had before the County Barn Road improvement project. Now when you ride down County Barn Road and especially at night, you can see right into their residences. We are an HOA community and need to support each other even if it does not directly affect us. Thank you. Arthur (Chet) and Patricia Williams 5692 Greenwood Circle Naples, FL 34112 Fle:Hbcc.colliergov.net/dataIGMD-LDS/CDES%20Pianning%20Services/Current/Daniel... 3/13/2017 Page 1 of 2 From: Linda Quasney [lnda@lindaquasney.com] Sent: Saturday, February 11, 2017 12:17 PM To: SmithDaniel Cc: 'Dick' Subject: Comments: Proposed Fence on County Barn Road, Villas at Greenwood Lake To Whom It May Concern, As owners of 5832 Greenwood Circle, Naples, FL 34112, in the Villas at Greenwood Lake, we are very much in favor of the proposed fence project for both security and aesthetic reasons. When the road widening and expansion of County Barn Road occurred, so much vegetation was removed behind our property that our view and noise intrusion from traffic was very negatively impacted. We've also observed people unknown to us walking from County Barn Rd. thru the preserve and right past our property since there is now a clear and open path from the roadway into the PUD since the road project. It was bad enough that a couple years ago the undeveloped area to the south of us had to have a good portion be clear cut of trees because unknown people were apparently staying in the forested area, causing a possible security risk. Now with the homes being nearly totally exposed to County Barn Road on east side of community, the proposed fence would at least be a deterrent to possible foot traffic, block some of the view across the road, and mitigate some of the traffic noise. I might add that a couple years ago our vehicle was broken into and items of importance stolen that were never recovered. Additionally, we are not enamored of the view of mobile home park across subject roadway and the additional traffic noise of widened County Barn Road where so much brush and tree material has been removed. In conclusion, we feel that in this gated community, the fence addition will further reinforce the security and quality of the community, not to mention property values as a whole, given the major impact the County Barn Road project had to The Villas At Greenwood Lake, particularly on the East side. We thank you for your consideration in this matter, and we hope the fence project is approved to proceed. Sincerely, Daniel Sapanero and Linda Quasney Linda Quasney, Broker Associate, REALTOR@ , GRI Licensed in Florida Keller Williams Marco Island 830 Bald Eagle Drive, Marco Island, R 34145 239-393-1350 Office 410-977-2519 Cell Email: IindaC�lindaguasneV.com Serving Marco Island and Naples, FL Areas Search Naples/Marco Island Linda Quasney, REALTOR@, GRI Licensed in MD & DE Keller Williams Realty 37458 Lion Dr., Suite #7 Selbyville, DE 19975 302-436-1100 Office 410-977-2519 Cell I inda(Mindaguasnev.com Visit My Website file://bcc.colliergov.net/dataIGMD-LDS/CDES%20PIanning%20Services/CurrentIDaniel... 3/13/2017 February 14, 2017 Danielsmith@colliergov.net Mr. Smith, As an original owner at the Villas at Greenwood Lake and a former HOA board member I am writing you in support of our petition for an insubstantial change leading to the installation of a fence along County Barn Road. The recent widening of the road removed the vegetatiiSr►,that blocked the view and obstructed unauthorized access causing a loss of property values to about ten owners and an increase in concern for the rest of us. From all reports there were no complaints from any abutters and only one foolish question from an owner who has been against the fence and every other improvement the board undertakes. Therefore, I ask you to do all in your power to conclude this process in a favorable result. Thank you Elizabeth Jaycox 5759 Greenwood Circle Naples, FL 34112 Page 1 of 1 From: rsrkcmfo@aol.com Sent: Monday, February 20, 2017 8:04 PM To: SmithDaniel Subject: Villas At Greenwood Lake Fence Application Dear Mr. Smith: We would like to introduce ourselves, we are Richard and Karen Krawczun property owners at 5669 Greenwood Circle in the Villas at Greenwood Lake development. Currently under review is an application for the installation of a fence along the property line of the development and adjacent to County Barn Road. We would like to express our support for approval of the application. This project has been fully vetted by the entire community and in particular the Board of the Homeowners Association in accordance with the applicable by-laws of the development. The costs of the project and subsequent added assessment to pay for the project was thoroughly reviewed and affirmatively approved. Furthermore, there was an alternative analysis completed comparing the applied for masonry wall versus a landscaped border. That analysis concluded that the installation cost were comparable but that the landscaped border would be more costly to maintain in the future. I raise this point to demonstrate that the decision to construct a masonry structure has been extensively and carefully considered We further support the masonry wall as the selected alternative as the property owners affected by the removal of the pre-existing buffer did not take action to create the new condition. The current condition as you well know was a result of the widening of County Barn Road. The removal of the buffer, and the denial of a replacement, will have a detrimental impact upon not only the immediately impacted property owners but the community at large. Containing only 134 residences any decline in property value/market rate of the units adjacent to the roadway will contribute to the decline of property values to remaining units. Constructing the masonry wall will contribute to the aesthetic quality of the neighborhood from the roadway as well as internal vistas of the development. Constructing the masonry wall will contribute to the sense of security to residents knowing that the wall will act as a deterrent to individuals that may want to enter the community directly from the roadway believing they have an expedient escape to a waiting vehicle. Certainly you are well experienced in considering the nuisances of HOA management and matters, so if defer to your good judgment on looking past the emotions of this application and applying sound land use review techniques as your proceed toward approval of this application for a masonry wall along the property line of our development. Thank you for your attention to this matter. We can be reached by replying to this email address if necessary. Richard and Karen Krawczun 5669 Greenwood Circle Naples, FI. 34112 file://bcc.colliergov.net/dataIGMD-LDS/CDES%20PIanning%20Services/Current/Daniel... 3/13/2017 Page 1 of 1 From: Patty and Chet Williams [chetnpatty@comcast.net] Sent: Tuesday, February 14, 2017 3:46 PM To: SmithDaniel Subject: Fence at Villas at Greenwood Lake Mr. Smith we are residents of Villas at Greenwood Lake. We are in favor of the fence because we believe that the residents that back up to County Barn Road deserve the privacy that they had before the County Barn Road improvement project. Now when you ride down County Barn Road and especially at night, you can see right into their residences. We are an HOA community and need to support each other even if it does not directly affect us. Thank you. Arthur (Chet) and Patricia Williams 5692 Greenwood Circle Naples, FL 34112 file://bcc.colliergov.net/data/GMD-LDS/CDES%20Planning%20Services/Current/Daniel... 3/13/2017 September 8, 2016 Donna Fiala Collier County Commissioner Our Board of Directors at the Villas of Greenwood Lakes which is located at the corner of County Barn Road and Rattlesnake Hammock Road want to build a fence along County Barn Road which is considered a "preserve" area. According to the Board of Directors, they are repairing common areas that where lost or damaged due to the construction of the turn lane built on County Barn Road. Actually, at this time "nature" has restored itself with new growth. We as owners were told no one could do anything or even go into the preserve area. Furthermore, that there are no other communities in Collier County that have fences in or around a preserve area. Some of our residents (over 50%) wrote and presented a signed petition to the community Board of Directors opposing the construction of a fence. I have enclosed a copy of the signed petition. Regardless of our requests, the Board of Directors is moving forward, perhaps violating county ordinances in regards to building a fence the preserve area. In an effort to prevent not only an expense to our community but to this preserve area, we are requesting that you please take a look into this issue. Thank you in advance. Sincerely, From: Barbara Loewel Ioewelb@hotmaii.corrt Subject: No Subject Date: Today at 4:34 PM fo: Barbara LoewelIoewelb(PPhotmail.com January 7, 2016 f, Faith Andrews, as a representative of Directors Choice, LLC for Greenwood Lake HOA, do acknowledge receipt of a survey of homeowners containing 75 signatures stating their wish to have their Board of Directors vote NO on the proposed $1500 Special Assessment coming before the Board for a vote. Date !� 7 / �PI �� CL °A a, We, the homeowners, at the Villas of Greenwood Lake, Naples, Florida are hereby petitioning the Board of Directors of aforesaid community to vote "NO" on the proposed $1,500. fence special assessment at the scheduled September 29, 2015 Board Meeting. Signature House Number i re S -' House Number g � � 5 Signature House Number Signature House Number Signature House Number Signature House Number Signature House Number Signature House Number Signature House Number Signature House Number Signature House Number Anna Woodland From: Anna Woodland [capecodwood@comcast.net] Seng Wednesday, September 30, 2015 9:00 PM To-. 'kanesheryl@aol.com' Subject: Petition to sign and return by U.S. Mail We, the homeowners, at the Villas of Greenwood Lake, Naples, Florida are hereby petitioning the Board of Directors of aforesaid community to vote "NO" on the proposed $1,500. fence special assessment at the scheduled September 29, 2015 meeting or at any subsequent scheduled meeting regarding this special assessment. (-�d e -X�1- Signa re of Owner 5ianat re of Owner Signature of Owner Signature of Owner 6680 House Number .S,�3/F House Number House Number House Number House Number We, the homeowners, at the Villas of Greenwood lake, Naples, Florida are hereby petitioning the Board of Directors of aforesaid community to vote "NO" on the proposed $1,500. -fence special assessment at the scheduled Sep tuber 29, 2015 Board Meeting. 70 Sign ure House Number Signature House Number Signature House Number Signature House Number Signature House Number Signature House Number Signature House Number Signature House Number Signature House Number We, the homeowners, at the Villas of Greenwood Lake, Naples, Florida are hereby petitioning the Board of Directors of aforesaid community to vote "NO" on the proposed $1,500. fence special assessment at the scheduled September 29, 2015 Board Meeting. Signature House Number Signature House Number Signature House Number Signature House Number Signature House Number Signature House Number Signature House Number Signature House Number Signature House Number ~ We, - e ,._.'_--@%ih�� '-, _- '----_--_-~~_-_---^=,.ip.--°-'_"-_ �,September= ' -r. -Meellng, Signatqrib House 'Number ' Sig -nature House Nurn b6r Signature, House Number HouseNunob.e.r 'Signature House Number SjgmtUrL... House Number Sl atU re' House Num�er We, the homeowners, at the Villas of Greenwood Lake, Naples, Florida are hereby petitioning the Board of Directors of aforesaid community to vote "NO" on the proposed $1,500. fence special assessment at the scheduled September 29,E iS Board Meeting. Signature House Number Signature Signature Signature Signature Signature Signature Signature Signature House Number House Number House Number House Number House Number House Number House Number House Number We, the homeowners, at the Villas of Greenwood take, Naples, Florida are hereby petitioning the Board of Directors of aforesaid community to vote "NQ" on the proposed $1,500. fence special assessment at the scheduled Se tem er 29, 2015 Board Meeting. Signature �jj nature J Signature Signature Signature Signature Signature Signature Signature House Number House Number House Number House Number House Number House Number House Number House Number House Number a We, the homeowners, at the Villas of Greenwood Lake, Naples, Florida are hereby petitioning the Board of Directors of aforesaid community to vote "NO" on the proposed $1,500. fence special assessment at the scheduled September 29, 2015 Board Meeting. Signature Signatu e� Signature Signature ��r�� 1�2 ce�C� Signature House Number `a 6 House Number House Number House Number House Number House Number S7z3 House Number f O -7 House Number House Number We, the homeowners, at the Villas of Greenwood lake, Naples, Florida are hereby petitioning the Board of Directors of aforesaid community to vote "NO" on the proposed $1,500. fence special assessment at the scheduled September 29, 2015 Board Meeting. Signature �� z Sr)AIture s Signature Y� "a House Number Z- r7 /. House umber r-, 5 - House Number a, - -6 )-,-) a House Number House Number House Number 6 El R i House Number House Number House Number We, the homeowners, at the Villas of Greenwood Lake, Naples, Florida are hereby petitioning the Board of Directors of aforesaid community to vote "NO" on the proposed $1,500. fence special assessment at the scheduled September 29, 2015 Board Meeting, I l Signature Signature f; Signature 1(z/z. Sienature Signature Sig Lure 5690 House Number House Number House Number House Number House Number (n �� House Number Sc &-/ House Number House Number �J House Number We, the homeowners, at the Villas of Greenwood Lake, Naples, Florida are hereby petitioning the Board of Directors of aforesaid community to vote "NO" on the proposed $1,500. fence special assessment at the scheduled September 29, 2015 Board Meeting. Signatu Nouse Number Signature House Number Signature House Number Signature N �_7 1' Signature z's7i House Number U I House Number Oio+L Sign ure House Number r Signatu e Signature Signature House Number House Number ,i�JC) House Number We, the homeowners, at the Villas of Greenwood Lake, Naples, Florida are hereby petitioning the Board of Directors of aforesaid community to vote "NO" on the proposed $1,500. fence special assessment at the scheduled September 29, 2015 Board Meeting. Signature Signature C-/ ,toreSign §ienature' House Number House Number ":S-7(- D- - House Number -5 7' House Number House Number 2 �S 7 Signature House Number -7 Signature House Number House Number -5-?76 � House Number We, the homeowners, at the Villas of Greenwood Lake, Naples, Florida are hereby petitioning the Board of Directors of aforesaid community to vote "NO" on the proposed $1,500. fence special assessment at the scheduled September 29, 2015 Board Meeting. Signature House Number Signature House Number Ygnature Signature Signature -(mis- Signature SignacirY House Number House Number House Number s 6 House Number HouseNumberT �r House Number 5-73 House Number We, the homeowners, at the Villas of Greenwood Lake, Naples, Florida are hereby petitioning the Board of Directors of aforesaid community to vote "NO" on the proposed $1.,500. fence special assessment at the scheduled September 29, 2015 Board Meeting. --h , &' r Signature ignat - 7 Signature � f Si gnature Pio House Number House Number House Number House Number House Number House Number House Numb( -r `) .1 LI House Number House Number C O e-r v-14t Growth Management Department September 28, 2016 Mr. Comise, Thank you for your letter dated September 8, 2016 to Commissioner Fiala, regarding Villas of Greenwood Lakes wanting to build a fence. Your concern has been reviewed by our staff in the Zoning, Environmental and Building Divisions. Planning Manager for Development Review, Chris Scott has provided the following information: The construction of a berm /wall could not be done within the presery%onservation area. Walls must be located a minimum of 5' from the preserve. The Villas of Greenwood Lake (PB 31; PGS 87-90) shows Tract B extending to County Barn Road along the NE and to Rattlesnake Hammock in the SW corner of the development. Tract B is identified as a Buffer, Conservation Easement and Drainage Easement. This is consistent with the Master Plan for the Windsong PUD (Ord. 98-73). According to the Preserve Management Plan, the following activities are prohibited in the conservation area, "construction or placing of buildings on or above the ground, dumping or placing soils or other substances such as trash, removal or destruction ofplants, shrubs or other vegetation with the exception of exotic nuisance vegetation removal, excavation, dredging, or removal ofsoil material, diking or fencing, and other activities detrimental to drainage, flood control, water conservation or preservation, except as permitted by state and federal activities as applicable." In order to construct a berm/wall, the Preserve boundary would first need to be modified. This will require approval by the Board of County Commissioners through a PUD Insubstantial Change (PD1) and vacation of easement. If approved, the berm/wall would need to be shown on the approved Construction Plans through an Insubstantial Change (ICP) and a building permit would be required prior to construction. Ray Bellows, Zoning Manager also concurs with the zoning determination made by Chris Scott. Section 3.05.07 H.1.h.iii of the Land Development Code states: iii. No setback from preserves is required for fences, or retaining walls permitted as part of the stormwater management system. Decorative walls must be set 2800 Nath Horseshoe Drive t Naoles, Florida 33104.239-252.240 i • arww. ,4Iiergov,ne; Growth Management Department back a minimum of five feet from the boundary of preserves. Permanent fences and walls are prohibited within preserves unless approved by the FFWCC or USFWS as part of an approved wildlife management plan in accordance with 3.04.00. Where construction ofsuch structures impacts native vegetation in the preserve, a restoration plan shall be provided and included as part of the preserve management plan. No trenching for wall/fence installation is allowed within 10 feet from preserve boundary, unless adjacent to afire break in the preserve. Trenching is allowed for installation ofgopher tortoise fencing pursuant to FFWCC Gopher Tortoise Permitting Guidelines and for retaining walls designed to minimize impacts to native habitat and wetlands, such as those permitted as part of the stormwater management system. In section 3.05.07 HA.h.iii of the Land Development Code, it does not permit the construction of a berm/ wall within the preserve/conservation area. Furthermore, a Planned Unit Development (PUD) Insubstantial change (PDI) is required to allow for the construction of a berm/wall, within the Preserve boundary or to move the preserve boundary. This will require approval by the Collier County Hearing Examiner (HEX) and vacation of easement. If approved, the berm/wall would need to be shown on the approved Construction Plans through an Insubstantial Change (ICP) and a building permit would be required prior to construction. At this time, Villas at Greenwood Lake HOA has submitted a PDI application (PDI- PL20160001023) to reconfigure the preserve area. If approved, the PDI would allow for the construction of the fence once all additional permit plan approvals are obtained. Daniel Smith, Principal Planner, is the staff member assigned to the PDI application. Your letters of objection have been forwarded to Mr. Smith for inclusion into the PDI application. If you have any further questions please do not hesitate to call Daniel Smith at 239-252-4312. On behalf of Staff, Michelle Scavone GMD Operations Coordinator 2800 North Horseshoe Drive • Naples, Florida 04104.239-252-24©0 • wwwtoiliergov.nes DR—FL20160001391 TA.MIAMI FORD Ann P. Jennejohn HEX 3-23-2017 From: KulakPatricia <PatriciaKulak@colliergov.net> Sent: Tuesday, February 21, 2017 3:43 PM To: Minutes and Records Cc: Ann P. Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; PageErin; Neet, Virginia; Rodriguez, Wanda; Smith, Daniel Subject: Advertisement Request PL20160001391 HEX Attachments: 2x3 Map.pdf; Ad Request.docx; Signed Ad Request.pdf Good Afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Thank you, Patty Kulak Operations Coordinator—Zoning Division Collier County Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 PatriciaKulak@colliergov.net Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 February 21, 2017 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday March 3, 2017 and furnish proof of publication to the attention of Daniel Smith, Principal Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples. Florida 34104. The advertisement must be a 114 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section) FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500172052 Account Number: 076397 (� 1 Authorized Designee signature for HEX Advertising NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, March 23rd, 2017, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples F134104, to consider: PETITION DR-PL2016001391 — PETITIONER, TAMIAMI FORD, INC. REQUESTS APPROVAL OF A SITE PLAN WITH DEVIATIONS PURSUANT TO LDC SECTION 10.02.03.E AND SEEKS TWO DEVIATIONS FROM LDC SECTION 5.05.08 C. RELATING TO BUILDING DESIGN STANDARDS FOR A PROPOSED TAMIAMI FORD REDEVELOPMENT PROJECT CONSISTING OF 7.02± ACRES, LOCATED ON THE NORTHEAST CORNER OF THE AIRPORT -PULLING ROAD AND MERCANTILE AVENUE, IN SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida Ann P. Jennejohn From: Sent: To: Cc: Subject: Attachments: The ad request is good. 'I 'andfi 'IZodrfguez, .; t.(.P -Adivaric:ed Cei'ttfied ParaCef7at- Of fire of Elie County .;lttorney (239} 252-8400 Rodriguez, Wanda Tuesday, February 21, 2017 4:22 PM Minutes and Records KulakPatricia; Smith, Daniel; Stone, Scott re: Advertisement Request PL20160001391 HEX 2x3 Map.pdf; Ad Request.docx; Signed Ad Request.pdf From: KulakPatricia Sent: Tuesday, February 21, 2017 3:43 PM To: Minutes and Records Cc: Ann P. Jennejohn; BellowsRay; BosiMichael; KendallMarcia; PageErin; NeetVirginia; RodriguezWanda; SmithDaniel Subject: Advertisement Request PL20160001391 HEX Good Afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Thank you, Patty Kulak Operations Coordinator—Zoning Division Collier County Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 PatriciaKulak@colliergov.net Linder Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Ann P. Jennejohn From: Sent: To: Subject: Good Morning, IT send tke proofs for botk of tkese HEX ads a.s.a.p. Tkank you! Awn Jennejokn, Deputy Clerk Clerk of tke Circuit Court Ann P. Jennejohn Wednesday, February 22, 2017 8:44 AM 'KulakPatricia'; Smith, Daniel; Rodriguez, Wanda RE: Ad Request PL20160001023 & DR-PL20160001391 (3-23-17 HEX) Clerk to tke Value Adjustment Board Collier County Board Minutes & Records Dept. 239-252-8406 Fax 239-2521-8408 From: KulakPatricia [mailto:PatriciaKulak@colliergov.net] Sent: Tuesday, February 21, 2017 3:44 PM To: Minutes and Records <MinutesandRecords@collierclerk.com> Cc: Ann P. Jennejohn <Ann.Jennejohn@collierclerk.com>; Bellows, Ray <RayBellows@coIlie rgov.net>; Bosi, Michael <MichaelBosi@colliergov.net>; Kendall, Marcia <MarciaKendall@colliergov.net>; PageErin <ErinPage @coIliergov.net>; Neet, Virginia <Virginia Neet@colliergov. net>; Rodriguez, Wanda<WandaRod riguez@colliergov.net>; Smith, Daniel <DanielSmith@colliergov.net> Subject: Advertisement Request PL20160001023 HEX Good Afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Thank you, Patty Kulak Operations Coordinator -Zoning Division Collier County Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 PatriciaKulak@colIiergov.net Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity, Instead, contact this office by telephone or in writing. Account #076397 February 22, 2017 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: DR-PL20160001391 Dear Legals: Please advertise the above referenced notice on Friday, March 3, 2017 and send the Affidavit of Publication, to this office. Thank you. Sincerely, Ann Jennej ohn, Deputy Clerk P.O.#4500172052 February 22, 2017 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on March 3, 2017 and furnish proof of publication to the attention of the Board Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section) PURCHASE ORDER NUMBER: 4500172052 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, March 23, 2017, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: PETITION DR-PL2016001391 — PETITIONER, TAMIAMI FORD, INC. REQUESTS APPROVAL OF A SITE PLAN WITH DEVIATIONS PURSUANT TO LDC SECTION 10.02.03.17 AND SEEKS TWO DEVIATIONS FROM LDC SECTION 5.05.08 C. RELATING TO BUILDING DESIGN STANDARDS FOR A PROPOSED TAMIAMI FORD REDEVELOPMENT PROJECT CONSISTING OF 7.02± ACRES, LOCATED ON THE NORTHEAST CORNER OF THE AIRPORT -PULLING ROAD AND MERCANTILE AVENUE, IN SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida PROJECT LOCATION Golden Gate- PKWY o z � o cx4-1 _ z ry c� a� 0 o 0 Radio RD N W � E , S Ann P. Jennejohn From: Ann P. Jennejohn Sent: Wednesday, February 22, 2017 9:42 AM To: Naples Daily News Legals Subject: DR-PL20160001391 (Display w/MAP) Attachments: DR-PL20160001391.doc; DR-PL20160001391.doc; DR-PL20160001391.pdf Please advertise tke attached Display (w/MAP) on Friday, March 3, 2017. Tkank you! ANS Jennejokn, Deputy Clerk Clerk of tke Circuit Court Clerk to tke Value Adjustment Board Collier County Board Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 Ann P. Jennejohn From: Ann P. Jennejohn Sent: Tuesday, February 28, 2017 5:12 PM To: Rodriguez, Wanda; Smith, Daniel; 'KulakPatricia' Subject: PDI-PL20160001023 & DR-PL2016001391 Attachments: FW: 1504353 FW: DR-PL20160001391 (Display w/MAP); FW: 1504361 FW: PDI- PL20160001023 (Display w/MAP) HI there, The proofs for the Tamiami Ford Petition and the Villas at Greenwood Lakes that will be advertised this Friday, March 3 for the March 23, 201-7 HEX Meeting is attached for review and approval. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. 23q-2-5;2-8406 Fax 2-3q-252-8408 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HE)n at 9:00 A.M., on Thursday, March 23, 2017, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: PETITION DR-PL2016001391 — PETITIONER, TAMIAMI FORD, INC. REQUESTS APPROVAL OF A SITE PLAN WITH DEVIATIONS PURSUANT TO LDC SECTION 10.02.03.F AND SEEKS TWO DEVIATIONS FROM LDC SECTION 5.05.08 C. RELATING TO BUILDING DESIGN STANDARDS FOR A PROPOSED TAMIAMI FORD REDEVELOPMENT PROJECT CONSISTING OF 7.02± ACRES, LOCATED ON THE NORTHEAST CORNER OF THE AIRPORT -PULLING ROAD AND MERCANTILE AVENUE, IN SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. PROJECT LOCATION Golden GajtePKWY z 0 p z- c U- c _ J d a 0 8 ° a Radio RD All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252- 8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner March 3, 2017 ND -1504353 ❑ PROOF O.K. BY: ❑ O.K. WITH CORRECTIONS BY: PLEASE READ CAREFULLY • SUBMIT CORRECTIONS ONLINE ADVERTISER: COLLIER COUNTY HEX PROOF CREATED AT: 2/28/2017 2:53 PM SALES PERSON: Ivonne Gori PROOF DUE: - PUBLICATION: ND -DAILY NEXT RUN DATE: 03/03/17 ND-1504353.INDD SIZE: 3 col X 9.25 in Ann P. Jennejohn From: Sent: To: Cc: Subject: Both proofs look good to me. 'Wanda Rodriguez, MCP .Advanced certffted ParaCegaC Office of the County .Attorney (239) 252-8400 RodriguezWanda <WandaRod riguez@colIiergov.net> Wednesday, March 01, 2017 9:31 AM Ann P. Jennejohn Smith, Daniel; KulakPatricia RE: PDI-PL20160001023 & DR-PL2016001391 From: Ann P. Jennejohn[mailto:Ann.Jennejohn@collierclerk.com] Sent: Tuesday, February 28, 2017 5:12 PM To: RodriguezWanda; SmithDaniel; KulakPatricia Subject: PDI-PL20160001023 & DR-PL2016001391 HI there, Tke proofs for tke Tamiami Ford Petition and tke Villas at Greenwood Lakes that will be advertised this Friday, Marck 3 for tke Marck 23, 2.017 HEX Meeting is attacked for review and approval. Tkank you! Ann Jennejohn, Deputy Clerk Clerk of tke Circuit Court Clerk to tke Value Adjustment Board Collier County Board Minutes & Records Dept. 239-252-8406 Fax 2.39-252-8408 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 Ann P. Jennejohn From: Ann P. Jennejohn Sent: Wednesday, March 01, 2017 9:52 AM To: 'Gori, Ivonne' Subject: RE: 1504353 FW: DR-PL20160001391 (Display w/MAP) Looks great Ivonne, please publisk tkis Friday, Marck 3, 2017 O Ann JennejohK, Deputy Clerk Clerk of tke Circuit Court Clerk to tke Value Adjustment Hoard Collier County 13oard Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 From: Gori, Ivonne[mailto:lvonne.Gori@naplesnews.com] Sent: Tuesday, February 28, 2017 4:34 PM To: Ann P. Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: FW: 1504353 FW: DR-PL20160001391 (Display w/MAP) Please find attached the proof for your review and approval. Thanks! Ivonne 2 NoTy "z Old" PUBLIC HEARING Iotice is hereby given that a public hearing will be held by the Collier County Hearing :xaminer (HEX) at 9:00 A.M., on Thursday, March 23, 2017, in the Hearing Examiner's fleeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to :onsider: 'ETITION DR-PL2016001391 - PETITIONER, TAMIAMI FORD, INC. REQUESTS kPPROVAL OF A SITE PLAN WITH DEVIATIONS PURSUANT TO LDC SECTION 10.02.03.E AND SEEKS TWO DEVIATIONS FROM LDC SECTION 5.05.08 C. RELATING TO BUILDING DESIGN STANDARDS FOR A PROPOSED TAMIAMI FORD REDEVELOPMENT PROJECT CONSISTING OF 7.02± ACRES, LOCATED ON THE NORTHEAST CORNER OF THE AIRPORT -PULLING ROAD AND MERCANTILE 4VENUE, IN SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER ;,OUNTY, FLORIDA. PROJECT LOCATION Golden Gate PKWY o z D z o Cr 0 rn Y i C C f6 0) > LL C J o 0- Radio RD C� Q w�E All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upor which the appeal is to be based. If you are a person with a disability who needs any accommodation in order tc participate in this proceeding, you are entitled, at no cost to you, to the provision o certain assistance. Please contact the Collier County Facilities Management Divisior located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252 8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner ND -150435 March 3, 2017 NaPtt6:43atjjj NtWVi NaplesNews.com Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier Coun- ty, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of one year next pre- ceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline COLLIER COUNTY HEX Pub Dates March 3, 2017 (Sign ure of affiant) Sworn to and subscribed before me This March 10 2017 (Signatur of affiant) P.O.# 1504353 PUBLIC HEARING 45-172052 WONNE GOBI ``c ; Notary Public State o/ FlOrba = Commission * FF 900870 � "�' My Comm. Expires Jul 16, 2019 ,a••• 8=W ftmo National Notary Antill Two other Trump advisers spoke with Russian envoy STEVE REILLY USATDDAY Attorney General Jeff Sessions is not the only mem- ber of President Donald Trump's campaign who spoke to Russian Ambassador Sergey Kislyak at a diplomacy conference connected to the Republican National Con- vention in July. At least two more of the Trump campaign's national security officials also spoke with Kislyak at the event, and several more Trump national security advisers were in attendance. It's unknown what the Trump campaign officials who spoke with the ambassador—J.D. Gorcionand Car- ter Page — discussed with him. Those who took part in the events in Cleveland said it is not unusual for presi- dential campaign teams to interact with diplomats. However, the newly revealed communications fur. ther contradict months of repeated denials by Trump officials that his campaign had contact with officials representing the Russian government. The Justice Department's acknowledgment Wednesday that Sessions spoke with Kislyak twice in 2016 has led to calls for him to recuse himself from in- vestigations into the Trump team's contact with Russia. By Thursday afternoon, Sessions said he would recuse himself. Multiple attendees at the Global Partners in Diplo- Tracy event in Cleveland said the contacts mbetween dip - locusts and political officials are not Unusual. The pro- gram schedule and social media photographs show am- bassadors from dozens of countries attended, alongside many of the original national security advisers to Trump's campaign. Gordon, who managed the advisory committee as the Tromp campaign's director of national security, said that while he also spoke with Kislyak in Cleveland, it is not unusual for a presidential campaign to interact with diplomats. "I'd consider it an informal conversation just like my interactions with dozens of other ambassadors and sen- ior diplomats in Cleveland," Gordon said. Page, another member of the Tromp campaign's na- tional security advisory committee who also spoke with Kislyak in Cleveland, cited "confidentiality rules" in declining to say what he discussed with the ambassa- dor. "I had no substantive discussions with him," said Page, who left the campaign later in the summer amid controversy about a speech he gave in Moscow in early July criticizing American foreign policy and sanctions against Russia. Hossein Khorram, an RNC delegate from Washing- ton state who wasn't part of Trump's campaign, attend- ed the diplomacy event and said it provided a forum for diplomats to share their concerns with GOP officials. After formal panel discussions, the attendees broke off into informal conversations. CLIFF -0-1 Sergey Kislyak, Russia's ambassador to the U.S., spoke with at least two Trump campaign officials besides Jeff Session. "Basically the ambassadors—including the Russian ambassador — they were expressing their, mainly, fears about the war on terror and collaborating with the United States," he said. "There was no promises made on behalf of the Tr-ump administration." Sessions, Gordon and Trump campaign national se- curity advisory committee member Walid Phares all spoke on stage at the Global Partners in Diplomacy pro- gram July 20 in an auditorium at Case Western Reserve University, according to the program schedule and pic- tures posted on social media. Current Deputy National Security Advisor K.T. McFarland was also present at the day's sessions. Phares did not respond to email and phone requests for comment. Another member of the national security advisory committee who was at the Cleveland event, Joseph Schmitz, referred questions about his interac- tions with Russian officials to Trump spokeswoman Hope Hicks. Hicks has categorically denied any communication between the campaign and the Russian government. "The campaign had no contact with Russian officials," she said in November. The contacts came at a time when the U.S. intelli- gence community has concluded the Russian govern- ment was trying to influence the U.S. presidential elec- tion. The Democratic National Committee's computers had been hacked weeks before — in an intrusion U.S. investigators have said was orchestrated by the Rus- sian intelligence services — and the first batch of emails from that hack was published by Wikileaks on July 22. Since then, Russia's alleged interference in the elec- tion and contacts between the Trump campaign and Russian government officials have been at the center of ongoing investigations by multiple federal law en- forcement and intelligence agencies. NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HE)Q at 9:00 A.M., on Thursday, March 23, 2017, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: PETITION NO. PDI-PL20160001023-VILLAS AT GREENWOOD LAKES HOMEOWNERS ASSOCIATION, INC. REQUESTS AN INSUBSTANTIAL CHANGE TO ORDINANCE NO. 93-74 AND ORDINANCE NO. 98-73, AS AMENDED, THE WINDSONG PUD, TO AMEND THE MASTER PLAN TO RECONFIGURE THE PRESERVE AREA LOCATION ON THE EAST SIDE OF THE PUD. THE SUBJECT PROPERTY IS LOCATED ON THE NORTHWEST CORNER OF THE COUNTY BARN ROAD AND RATTLESNAKE - HAMMOCK ROAD INTERSECTION, IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 FAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 37.6 ACRES. Davis BLVD ❑'. I EI. AI m m L\_ A.PROJECT LOCATION hon,RN Rattlesnake Hammock RD I + All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252- 8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida IM,vh 1. Nlr N0.14N151 Naples Daily Nein Friday, March 3, 2017 19A PRACTICE LIMITED TO: IS ESTATE PLANS IS BUSINESS TAX PLANS IS PROBATE OF ESTATES ".3 ATTORNEY ALAN S. NOVICK 1415 PANTHER LANE, SURE 152 NAPLES, FL 34109 (239) 591-6609 Attorney Alan Novick Member aI the Florida and 1MMaFssloarcihduas8.r tsarf ldawWyiFll, Tsnd E.- h,,in lalry . nam secs Nouldm b d d* 6t - y:,, heaune„x,bm, - pu4ka,a StJ.+1$5►bpp° a,x A.0 b I�,& ecx ,s P OUPLY PREEEHTE cxu SECOND ANNUAL FASHION SNOW CHARITY LUNCHEON �Crf1 �a,, hion S OW -; BENEFITING COLLIER COUNTY CHARITIES PRICE: $40 SATURDAY, MARCH 25, 2017 12:00 PM 9i. JOHH's EP CIPAL CHURCH 800 PAR8sIa08. DRIVE NAPLES, FL 34103 RESERVATIONS REOUIRED. - --- CALL: CALL: (238) 88T-9818 - NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HE)Q at 9:00 A.M., on Thursday, March 23, 2017, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: PETITION DR-PL2016001391 - PETITIONER, TAMIAMI FORD, INC. REQUESTS APPROVAL OF A SITE PLAN WITH DEVIATIONS PURSUANT TO LDC SECTION 10.02.03.F AND SEEKS TWO DEVIATIONS FROM LDC SECTION 5.05.08 C. RELATING TO BUILDING DESIGN STANDARDS FOR A PROPOSED TAMUUNI FORD REDEVELOPMENT PROJECT CONSISTING OF 7.02d: ACRES, LOCATED ON THE NORTHEAST CORNER OF THE AIRPORT -PULLING ROAD AND MERCANTILE AVENUE, IN SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. i . PROJECT LOCATION Golden Gate PKWY 1Q of Z K (/p/l a' l l g Radio RD '- All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one Week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252- 8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Mud, 5.3411 N0.15r1i53 TO: FROM: DATE: RE: OFFICE OF THE CO UNTY A TTORNE Y INTEROFFICE MEMORANDUM Minutes & Records, Clerk of Courts Wanda Rodriguez, ACP' March 24, 2017 Hearing Examiner Decision from March 23, 2017. Attached is the signed HEX decision from the Hearing Examiner hearing on March 23, 2017. Attachment(s): [05-COA-01253/813782/1 1744 HEX No. 2017 — 09 HEX NO. 2017 — 09 HEARING EXAMINER DECISION PETITION DR-PL2016001391 — Petitioner, Tamiami Ford, Inc. requests approval of a site plan with deviations pursuant to LDC Section 10.02.03.F and seeks two deviations from LDC Section 5.05.08 D. relating to building design standards for a proposed Tamiami Ford redevelopment project consisting of 7.02± acres, located on the northeast corner of the Airport -Pulling Road and Mercantile Avenue, in Section 36, Township 49 South, Range 25 East, Collier County, Florida. DATE OF HEARING: March 23, 2017 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section 10.02.03.F.7 of the Land Development Code has been met and the petition should be approved. ANALYSIS: No objections were received and no members of the public attended in opposition to the requested deviations. The deviations requested are the result of changes in code over time from the previous construction permitted in 1999. DECISION: The Hearing Examiner hereby approves Petition Number DR-PL2016001391, filed by Frederick E. Hood, AICP, of Davidson Engineering, Inc. representing Tamiami Ford, Inc., for a site plan with deviations for the property described in Exhibit "A", as follows: 1. A deviation from LDC Section 5.05.08 D.8.a, which requires that overhead doors must be adequately screened when located on the primary facades with a screening wall with a minimum height of 6 -feet measured from the centerline of the adjacent roadway or a landscape buffer achieving 75 percent opacity within one year, to instead allow the subject property to be redeveloped consistent with the landscape screening regulations in place at the time the building permit was approved for the construction of the overhead doors; and 2. A deviation from LDC Section 5.05.08 D.2.b, which requires a minimum of two design features along primary facades to instead deviate from all the primary fagade requirements on the east elevation. An awning/canopy will instead be provided. These deviations are shown in the Deviations Detail attached as Exhibit "B," and are subject to the condition(s) set forth below. This decision does not constitute approval of the site plan. [16 -CPS -01598/1327692/1]55 Page 1 of 2 ATTACHMENTS: Exhibit A — Legal Description Exhibit B — Deviations Detail LEGAL DESCRIPTION: See Exhibit A. CONDITIONS: 1. All other applicable state or federal permits must be obtained before commencement of the development. DISCLAIMER: Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. A ^2.0f-7 Date Mar Strain, Hearing Lxaminer Appr ved as form and legality: Sco A. Stone Assistant County Attorney [I6 -CPS -01598/1327692/1]55 Page 2 of 2 Exhibit Ac - Legal Descriptiortm OR: 2543 PG; 2691 Page 1 of 2 Schedule A Commencing at the Northwest corner of Section 36, Township 49 South, Range 25 East, Collier County, Florida; thence along the North line of said Section 36, North 89 degrees 24 minutes 44 seconds East 50.00 feet to the East right of way line of Airport Road (C-31); thence along said right of way line South 0 degrees 42 minutes 05 seconds East 631.24 feet; thence North 89 degrees 21 minutes 02 seconds East 409.98 feet for a place of beginning; thence North 0 degrees 31 minutes 58 seconds West 215.00 feet; thence North 89 degrees 21 minutes 02 seconds East 200.00 feet; thence South 0 degrees 32 minutes 58 seconds East 215.00 feet; thence South 89 degrees 21 minutes 02 seconds West 200.00 feet to the place of beginning, being part of the West 1/2 of the West 1/2 of the Northwest 1/4 of said Section 36. File No: 160-99-0224 Exhibit A - Legal Description � D v— D.oa 00966021 Pffl%V-OA:3s This instrument was prepared by: COLLIER COUNTY RECORDED GEORON: F. HERO n •non"c..•..w O -j'�yn�jy�, Deed _ Commr.-C1AL B.NR or KCND.LL BV$1?LWVarrancy ©ao3 sou,. Dlac Hyo -W.. • 3 a) M„LwI,FLowlaw331a3 O CY ( STATUTORY F011lll—SECTION 689.02 F.S.) iG fV M41a Jitbrnturr, Mode this -k4 SUSAN A. ZAISER, a single woman of the County of DADE day of October f9 85, WrImm , State of FLORIDA , grantor, and TAAIIAMI FORT), INC. whose post office address is 4075 N. Tariiami Trail, Nanles, Florida 33940 CD C= of the County of C O L L I ER State of F L O R I DA grant N t� w Aitnreerth, That sold grantor, for and in consideration of the sum of TEN AND NO/100------------ rn -----------------------------------------------(510.00)------------- Dollars, and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in COLLIER County, Florida, to•wi1: The West } of the West } of the Northwest 4 excepting the South 2005.80 feet thereof; excepting the West 50 feet thereof; and further excepting the following described parcel: Commencing at the Northwest corner of.See-tfiorr-•36 T49S, R25E, Collier County, Florida; thence along the North line of VR 6'b'4'-44" E 50.00 feet to the East right-of-way line of Airport �C,-. 'd right-of-way line 542'-05" 631.24 feet; thence N 69°- L'=' 09.98 feet of beginning: thence N 00-321-5811 W 215.00 feet; N 89°-211-02" E 200. e ' thence S 00-321-58" E 215.00 feet; thence S 8 °- 0211 W 200.00 feet to the ace f beginning, being part of the W } of the W } o the d Section 6, and ubje t to a road easement over the South 30 feet and ver hefeet, in c ion 36, Town hip 40 South, Range 25 East, Collier County, for da. SUBJECT TO: 1. Conditi ns I o Lit ny such interest that may have been terminated a e n h re re mp s s b e ppl cable zoning ordinances, taxes and assessments for a ear 19 a d bs t ea nd against the lawful claims of all and said grantor does hereby fulrr t the title to said land, an def g persons whomsoever. "Grantor" e" ore used for singular or pi ` 0 teat requires. n �itnree iitEarrrnf, Gr tiir s, nugto set Bron gre Ti 'd\ xd al the day and year first above written. i ne seoltd an delivered ino�r pre -Bence: �``-�,�4r„', , '�,r^� • (Soon (Seal) Received $ nnrumentory Stamp To. (Sean Collier County, Florida (Seat) wi1'n`m J. Rcpg ' - STATE OF��r COUNTY OF n ) SS" I HEREBY CERTIFY that on this day before me, on officer duly qualified to take acknowledgments, personally appeared SUSAN A. ZAISER, a single woman, to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that she executed the some. VIzNESS my hand and official seal in the County and Stats" ast loresoid this V� day o °berr as5. My commission expiredj� Notary Public STATE OF FLORIDA AT LARGE ROTARY PUBIC STATE GF FLGRICA Ry COxxISVOR EXP. RAY 9, Iob9 `' 1"' .r •:'; e0NDE0 IIIPU 6C4Ca AL INS, U40, yr _ PALM BEACH OFFICE: ..'��I'••'.1v' f i• MIAMI OFFICE: 4889 LAKE WORTH ROAD 3: SUITE 300 COMMERCIAL BANK OF KENDALL LAKE WORTH, FLORIDA 31483) 1-1306) 438.7310 `'' ' 8803 SOUTH DIXIE HIGHWAY ■eeeeert a..IN. MIAMI, FLORIDA 33143 - , / M Ofbdol M vu«1306) 666.1786 WILL IAMII "LAGAN a� cork or CI -11 Court 30'-0" ELEVATION : 22'-4" CM PANEL TOP OF CANOPY FLUSH METAL PANEL PRECAST CONCRETE N.M. DOOR- OVERHEAD COILING DOOR "A� Exhibit B - Deviations Detail Page 1 of 5 ELEV: 32'-0" (41.80') NIGH PT. OF STRUCT. 570000 ELEV: 21'-4" _ PARAPET (BEYOND) jk ELEV:I 0 TOP OF MASONRY '-10" BOT. OF BOND BEAM r ' - ELEV: 0'4" FINISH FLOOR FENCE GATES IN MASONRY OPENING PARTIAL EAST ELEVATION SCALE: 1/16" = I'-0" (NORTH END) -�7 a1 CM PANEL GLAZED O.H. ELEV: 32'-0" (41.80') SECTIONAL DOOR HIGH PT. OF STRUCT. STUCCO 7j j,ELEV: 24-0' ' N M DOOR TOP OF PARAPET ELEV: 22'-4" TOP OF CANOPY j, ELEV: 15-0' BOT. OF CANOPY � I FLUSH METAL PANEL ELEV: 0-0" FINISH FLOOR PRECAST H. M. DOOR CONCRETE -J � I PARTIAL SOUTH ELEVATION SCALE: 1/16" = I'-01' (EAST END) PROJECT No. GENERAL NOTES DRAWING No. PRE -OWNED SALES AND SERVICE BUILDING FOR: SD -01- TAMIAMI FORD 16051.1 DATE eoxeoeen— wneE wi a.c ni°:oPw. Sw°ioo LI— °nrou�°m nm Jnr �n�cn°c°rec�oicm a °n.cic ion eiaee..zooa 1471AIRPORiPULLINGROADN, NAPLES, FLORIDA 03,L2,2017 °e u°,«i°nips°,ei°kenoiie`Ynatanyoucosme. ww�icemdwen"c ARCMnECTSINTERIORS, INC. Cgi duir b°tion °!o in motion is PROni9nED�ll you ,tl cmp,c is Browing in r mctlio�cM no lily ln, i ebyn W�nler oven Fl il9M}95> nn�...r�.. ctg_c k--°�ch.coln or"telepn one: ftl r_88!.2YJ018_3SJl 00 MYR 90 PRP. QUICK SERVICE _� a VVRITE-UP BUILDING #6 (3,350S F FFE 10.35 FT -NAND If 7EE= MTF PL.UF LAAN FQTRE EV. CHA—NG ) u PROPERTY LINE / R.O.W. I 1 DEAN STREET r 10 FPL DoET L -EA TW- ------ ® R3 48,10 t GPM 186.3 k PROPOSED TYPE'S' BUFFER EQUIVALENT RGHT A / VI IBILITY PROP. QUICK TR ANGLF t + bu el MYR VICE TYP) - m .. SC/ttn -- X (13,220 SF) FFE 9.80 FT-NAVD S EXISTING Bufftr 10' TY E SEAGRAPE EXISTING ° HWGE ROYA B co PALM04 UFF R AC butter :FQ IVAEN , 0 11 PRQP fCkALL CD DECK/RUOi-. /t 1 Q' TYPE ID. LINE TO ROP BUILLING ExISTING ROYAL PALMS TO REMAN IN PLACE, NOT QUANTITATED BELOW rt #5, AND i�F k. _. BUFFER BUFFER SECTION AC 71 tied Maples Acer rubrum t0' OA., 4'-S'SPR., 1 3/4' CAL. :3 • IV O r. - `- _ f ��� �; Y - MYR 41 Simpson's Stopper Myrcianthusfragrans YO.A., Full, 4'O.C. 0 1"f VI -,tI4___ __� L_ SOD T.B.D. St. Augustine Stenotaphrum secondatum'Floratam Set on raked, suitable soil! remove rocks > 3/4' diameter/ tight joints MERCANTILE AVENUE I T.B.D. Mulch - Eucalyptus; 3" min depth after watering in 4 � T.B.D. Root Barrier Concrete per details i submit alt.'s to L.A. Exhibit B - Deviations Detail Page 3of5 ATTACHMENT "A" PROJECT NARRATIVE, DEVIATION JUSTIFICATION SUMMARY EVALUATION CRITERIA The purpose of this Site Plan with Deviations application is to permit the LDC's existing and required landscape buffering for developments adjacent to properties with an Industrial -I zoning designation and vehicular rights-of-way (ROW), as prescribed by Sec. 4.06.02, to be sufficient screening for overhead doors along the primary fagades, facing Dean Street. 1. A deviation from LDC Section 5.05.08 D.8.a, which requires that overhead doors must be adequately screened when located on the primary facades with a screening wall with a minimum height of 6 -feet measured from the height of the adjacent roadway or a landscape buffer achieving 75 percent opacity within one year, to instead allow the subject property to be redeveloped consistent with the landscape screening regulations in place at the time the building permit was approved for the construction of the overhead doors, COMM 99-101254. This buffer will be enhanced with Type B Buffer planting materials but will not require additional screening of a wall or fence. The buffer width along the eastern property boundary shall be 10 -feet wide. Justification: The existing building contains overhead doors that have been present at least since 2000, prior to the adoption of Ordinance 2004-72. Said ordinance was amended and adopted to specify additional screening and landscape requirements for developments with overhead doors located on a primary fagade. Prior to that time a Type "D" landscape buffer was the required and approved buffer yard along the eastern perimeter (adjacent to the right- of-way) for the development. Additionally, there was no screening wall requirement for overhead doors on primary facades at the time the overhead doors were originally installed on the existing building. The applicant/property owner is proposing to redevelop the site and continue to operate an automotive service center with overhead doors in the some location as initially approved on the original site plan, with the addition of an awning to enhance the eastern fagade, and a Type "D" landscape buffer along the eastern perimeter of the property. This buffer will be enhanced with Type B Buffer planting materials (consistent with the provided landscape plans attached to this application and submittal) but will not require additional screening of a wall or fence. The buffer width along the eastern property boundary shall be 10 feet wide. Within the surrounding area, several other properties are also developed with buildings containing overhead doors on the primary fagade without the screening requirements specified in LDC 5.05.08 D.8.a. Therefore, the proposed landscaping would not negatively affect the aesthetics and appearance character of the immediate surrounding area without the additional wall or fence screening component, nor affect the health, safety and welfare of the surrounding community. Exhibit B - Deviations Detail Page 4of5 LDC section 5.05.08 D.2.b Design features. The design of primary facades must include, at a minimum, two of the following design features: Glazing covering a minimum of 25 percent of the primary facade area, consisting of window and/or glazed door openings. a. Alternative. Trellis or latticework on the primary fagade used as a support for climbing plants may count for up to 50 percent of the window area on primary facades. The planting area shall be an irrigated bed 3 feet in depth and a minimum width equal to the width of the trellis with 3 gallon vines at 3 feet on center at time of installation. Climbing plants shall achieve 80 percent opacity on the trellis within one year. Projected or recessed covered entrance providing a minimum horizontal dimension of eight feet and a minimum area of 100 square feet. In addition, a minimum of 15 percent of the primary fagade area must be devoted to window and/or glazed door openings. iii. Covered entrance with a minimum horizontal dimension of 16 feet and a minimum area of 200 square feet. In addition, a minimum of 15 percent of the primary fagade area must be devoted to window and/or glazed door openings. iv. Covered walkway, or arcade (excluding canvas type) constructed with columns at least 12 inches wide, attached to the building, or located no more than 12 feet from the building. The structure must be permanent and its design must relate to the principal structure. The minimum width must be eight feet, with a total length measuring 40 percent of the length of the associated fagade. In addition, a minimum of 15 percent of the primary fagade area must be devoted to window and/or glazed door openings. V. Awnings located over doors, windows, or other ornamental design features projecting a minimum of 2 feet from the facade wall and a width totaling a minimum of 40 percent of the fagade length. In addition, a minimum of 15 percent of the primary facade area must be devoted to window and/or glazed door openings. vi. Porte-cochere with a minimum horizontal dimension of 18 feet. In addition, a minimum of 15 percent of the primary facade area must be devoted to window and/or glazed door openings. vii. A tower element such as but not limited to a clock or bell tower element. In addition, a minimum of 15 percent of the primary facade area must be devoted to window and/or glazed door openings. viii. Trellis or latticework covering a minimum of 15 percent of the primary facade and used as a support for climbing plants. The planting area shall be an irrigated bed 3 feet in depth and a minimum width of the trellis with 3 gallon vines at 3 feet on center at time of installation and climbing plants shall achieve 80 percent opacity on the trellis within one year. This provision shall not be utilized with the alternative design feature identified in LDC section 5.05.08 D.2.b.i.a). Exhibit B - Deviations Detail Page 5 of 5 ix. Entry plaza to the building with a minimum 200 square feet in area that includes seating. In addition, a minimum of 15 percent of the primary facade area must be devoted to window and/or glazed door openings. X. Elevated entry a minimum of 16 inches in elevation above the primary finished floor of the building bordering or connected to the building facade and a minimum of 400 square feet in area. The area calculation may include interior and exterior spaces of raised surface with not more than 50 percent of interior area. In addition, a minimum of 15 percent of the primary fagade area must be devoted to window and/or glazed door openings. xi. Entry courtyard contiguous with the building entry and connected to the primary fagade consisting of a defined space with a minimum area of 650 square feet. The courtyard may be any combination of hard or softscape with walkways and defined hard edge, decorative fencing, or a minimum 4 foot wall(s). In addition, a minimum of 15 percent of the primary fagade area must be devoted to window and/or glazed door openings. Justification: A deviation from LDC Section 5.05.08 D.2.b, which requires a minimum of two design features along primary facades to instead deviate from all the primary fagade requirements on the east elevation. Given several of the design standards require a percentage of the fagade be devoted to glazing with or without glass doors, the design standards cannot be fully met. Being that the eastern side of the building is not operationally designed for public access for insurance liability reasons and this area is restricted from the public, based on coordination with County review staff, an awning located at the service drive portion of the fagade is being provided. The awning will be 5 -feet in depth and approximately 30 feet in width, clad with some of the ARM product utilized to accent other facades on the building. This is the only location where this material will be utilized on the east fagade; making this design element a more prominent feature on the facade. With this alternative design, we are requesting a deviation from the primary fagade glazing requirement Per LDC section 5.05.08.D.2.b, on the east elevation of the proposed building. Additionally, the glazing requirement was originally adopted under Collier County Ordinance 2004-72, under Section 5.05.08.D.2.b, meaning this requirement was instituted after the original development of the site. The existing building currently does not meet this glazing standard, while the facade has solid overhead doors similar to what we're proposing. The overhead doors will be open all day during business hours for access to the service bays and closed at night for security reasons. We also have a unique commercially zoned property located adjacent to an industrial park. This is not a retail frontage as would typically be the case for a primary fagade on a commercial property. Please see the attached pictures of the existing conditions. The properties east and south of the project are both industrially zoned and currently have overhead doors facing the Tamiami Ford property. Lastly, while we understand that this in itself should not constitute approval of this request, we would hope it would be considered in this case. Impact rated 14' doors are very costly (approximately $10,000 per door), and tandem, or glass impact rated door costs 2-1/2 to 3-1/2 times that, while offering no added functional benefit given they are open 100% of the time during business hours. Based on all of what we've shared, we would ask that we be allowed to utilize solid impact rated overhead coiling doors and deviate from the above referenced glazing requirement. -1 Naples Daily News Friday, March 3, 2017 19A NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, March 23, 2017, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: PETITION DR-PL2016001391 - PETITIONER, TAMIAMI FORD, INC. REQUESTS APPROVAL OF A SITE PLAN WITH DEVIATIONS PURSUANT TO LDC SECTION 10.02.03.E AND SEEKS TWO DEVIATIONS FROM LDC SECTION 5.05.08 C. RELATING TO BUILDING DESIGN STANDARDS FOR A PROPOSED TAMIAMI FORD REDEVELOPMENT PROJECT CONSISTING OF 7.02± ACRES, LOCATED ON THE NORTHEAST CORNER OF THE AIRPORT -PULLING ROAD AND MERCANTILE AVENUE, IN SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252- 8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner ND -1504353 March 3, 2017 _. _ i. The petitioner has provided enhancements to the development. The applicant is proposing to provide alternative architectural and landscape enhancements that support the approval of these deviations. j. Approval of the deviation(s) will not have an adverse effect on adjacent properties. Staff has described the existing land use pattern in the "surrounding Land Use and Zoning" portion of this report. Further, based on the information provided in the application the proposed deviations, with applicable conditions, should not adversely affect adjacent properties. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office reviewed the staff report for this petition on March 16, 2017. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve the two deviations of Tamiami Ford Inc., Site Plan with Deviations, DR-PL201600001391 with the following conditions: 1. The architectural drawingS( D-01) showing the proposed canopy (building's east and south partial fagade elevation) shall be included as part of this approval. 2. The landscape drawing (Buffer/Plant Material Sheet 1) showing the proposed Type B buffer along Dean Street shall be included as part of this approval. Attachments: A. Deviation Narrative B. Application - Backup Material Tamiami Ford - DR-PL20160001391 Page 10 of 11 HEX Hearing March 23, 2017 0o JG L_ /z rn �Z U) r � m PROPERTY LINE / R.O.W. BUFFER EQUIVALENT TYPE'B' BUFFER PLANT SCHEDULE EXISTING ROYAL PALMS TO REMAIN IN PLACE AC QTY: 11 RED MAPLE, ACER RUBRUMI O' OVERALL, 4'-5' SPREAD, 1.75" CALIPER MYS QTY: 41 SIMPSON'S STOPPER, MYRCIANTHUS FRAGRANS, 5' OVERALL, FULL TO BASE, 4' ON -CENTER SOD QTY: TBD ST. AUGUSTINE MULCHQTY: TBD EUCALYPTUS, 3" DEPTH H. M. DOOR OVERHEAD COILING DOOR 2 PARTIAL � SCALE: 1/16" = I' - FINISH FLOOR FENCE GATES IN MASONRY OPENING :AST ELEVATION (NORTH END) ''7� GLAZED O.N. SECTIONAL DOOR STUCCOELEV: N.M. DOOR �A I 301-011 , _ ELEV: 32'-0" (41.80') ELEVATION : 22'-4" CM PANEL BOT. OF CANOPY NIGH PT. OF STRUCT. TOP OF CANOPY STUCCO-411ELEV: 21' FLUSH METAL PANEL I PARAPET (BEYOND) ------------- ---- FINISH FLOOR ELEV: IS' -6" PRECAST N.M. DOOR - TOP OF MASONRY FLUSH PARTIAL SOUTH ELEVATION METAL PANEL , E EV: 9' PROJECT No. GENERAL NOTES DRAWING No. PRE -OWNED SALES AND SERVICE BUILDING FOR: TAMIAMI FORD BOT. OF BOND BEAM SD -01 PRECAST DATE CONFIDENTIALITY NOTICE ,, CONCRETE Crowingmay constttutc cont'�d"tiol t11, 10 L 33634-J525 for % ELEV 0-6" H. M. DOOR OVERHEAD COILING DOOR 2 PARTIAL � SCALE: 1/16" = I' - FINISH FLOOR FENCE GATES IN MASONRY OPENING :AST ELEVATION (NORTH END) ''7� GLAZED O.N. SECTIONAL DOOR STUCCOELEV: N.M. DOOR 81 CM PANEL ELEV: 32'-0" (41.80') HIGH PT. OF STRUCT. 24'-0" TOP OF PARAPET ELEV: 22'-4" TOP OF CANOPY _ ELEV: 15-0" BOT. OF CANOPY FLUSH METAL PANEL ELEV: 0'-0" FINISH FLOOR PRECAST N.M. DOOR CONCRETE I PARTIAL SOUTH ELEVATION SCALE: 1/16" = 1'-0" (EAST END) PROJECT No. GENERAL NOTES DRAWING No. PRE -OWNED SALES AND SERVICE BUILDING FOR: TAMIAMI FORD 16051.1 SD -01 DATE CONFIDENTIALITY NOTICE 4301 Anch,r Plaza P wy. Suit, 100 IM1c Inlormatio ontainad In thi_ ibeintended Crowingmay constttutc cont'�d"tiol t11, 10 L 33634-J525 for 1471 AIRPORT PULLING ROAD N. NAPLES, FLORIDA n -It youCore not reciµenf,o nsiblc 913.ba42000 03.22.201 Iaer�e g 1t fo the Intended ree,p�ent. glee,e take nor eethet a yy m"' :u,e. Tao w,:t c,m,el A�,n,;, ARCHITECTS I INTERIORS, INC. q,d0,,m en enhtmnrm en=PE RTEDuy .<� iFis dra fiNfh� ffice bye W ter Haven. FL 33680295> O9 nn<_er e ing �n cirotdyn a� hlteef�c4-_rch_co_opfelephone:da l3_ a8_ 2093/863.5]].2m_4- 963.5177.2054 AGENDA ITEM 4-C CoWer County STAFF REPORT COLLIER COUNTY HEARING EXAMINER FROM: ZONING SERVICES SECTION, GROWTH MANAGEMENT DEPARTMENT HEARING DATE: MARCH 23, 2017 SUBJECT: TAMIAMI FORD, SITE PLAN WITH DEVIATIONS, DR-PL20160001391 PROPERTY OWNER: Applicant: Tamiami Ford, Inc. 6780 N. Airport Pulling Road West Palm Beach, FL 34109 REQUESTED ACTION: Anent: Frederick E. Hood, Davidson Engineering 4365 Radio Road, Suite 201 Naples, FL 34104 Petitioner, Tamiami Ford, Inc. requests approval of a site plan with deviations pursuant to LDC Section 10.02.03.17 and seeks two deviations from LDC Section 5.05.08 D relating to building design standards for a proposed Tamiami Ford redevelopment project consisting of 7.02± acres GEOGRAPHIC LOCATION: The subject property is located on the northeast corner of the Airport -Pulling Road and Mercantile Avenue, in Section 36, Township 49 South, Range 25 East, Collier County, Florida (See location map page 2). DEVIATION NARRITIVE The petitioner is seeking two deviations from the requirements of the Land Development Code (LDC). LDC Section 5.05.08 D.8.a., which requires overhead doors to be screened from the road when located on a primary facade, and LDC section 5.05.08 D.2.b., which requires at least two primary facade design features on a primary facade. Since there is currently a 10 -foot Type D buffer and overhead doors existing on the primary facade, which was required at the time the of site's current SDP approval, the applicant wishes only to enhance the existing buffer with taller Tamiami Ford - DR-PL20160001391 Page 1 of 11 HEX Hearing March 23, 2017 Location Map CnrY OF NAPLES WE LOCATIO NORIO C Golden Gate PKWY PROJECT 1110 LOCATION OCATION loons� Z O me�me= - Radio RD Location Map CnrY OF NAPLES WE LOCATIO NORIO 1110 loons� 1 me�me= - Petition Number: PL -2016-1391 Zoning Map Shrubs and add a canopy on the eastern face of the primary fagade (See canopy feature on east and south elevation and Type B buffer landscape limits below). SOUTH ;I EVATION i I W�¢TER SITC RAN GCNLIUI.Y TSS i 1 'L000zow Mo �� I 41 i Proposed 10' wide, �. 1 _. 1,r Type B Buffer Plant Material in red. , 71 r I •+� V V 1� • / 1 ! s 1 ' ! I� Nyc � ��., a •. `-.. I p .. wGM0/ Tamiami Ford - DR-PL20160001391 Page 3 of 11 HEX Hearing March 23, 2017 Aerial Photo (not to scale) SURROUNDING LAND USE & ZONING: SUBJECT PARCELS: Existing Tamiami Ford with a zoning designation of C-5 (Heavy Commercial District). SURROUNDING: North: Canal and Grey Oaks Golf Course with a zoning designation of Grey Oaks PUD. East: Dean Street, miscellaneous industrial uses with a zoning designation of I. South: Mercantile Ave.. restaurant, bar, and auto repair shop with a zoning designation of C-5. West: Airport -Pulling Road, miscellaneous commercial with a zoning designation of C-3. APPLICANT'S JUSTIFICATION FOR REQUESTED DEVIATION (Provided from Attachment "A ) 1. Deviation from LDC Section 5.05.08 D.8.a, which requires that overhead doors must be adequately screened when located on the primary facades with a screening wall and with a minimum height of 6 -feet measured from the centerline of the adjacent roadway or a landscape buffer achieving 75 percent opacity within one year, to instead allow the subject property to be Tamiami Ford - DR-PL20160001391 Page 4 of 11 HEX Hearing March 23, 2017 redeveloped consistent with the landscape screening regulations in place at the time the building permit was approved for the construction of the overhead doors, COMM 99-101254. This buffer will be enhanced with Type B buffer planting materials but will not include additional screening of a wall or fence. The buffer width along the eastern property boundary shall be 10 -feet wide. Justification: The existing building contains overhead doors that have been present at least since 2000, prior to the adoption of the current standards under Ordinance 2004-72. Said ordinance was amended and adopted to specify additional screening and landscape requirements for developments with overhead doors located on a primary fagade. Prior to that time, a Type "D" landscape buffer was the required and approved buffer along the eastern perimeter (adjacent to the right-of-way) for the development. Additionally, there was no screening wall requirement for overhead doors on primary facades at the time the overhead doors were originally installed on the existing building. The applicant/property owner is proposing to redevelop the site and continue to operate an automotive service center with overhead doors in the same location as initially approved on the original site plan, with the addition of an awning to enhance the eastern fagade, and a Type `B" landscape buffer along the eastern perimeter of the property. This buffer will be enhanced with Type B buffer planting materials (shrubs 6 -foot high) but will not require additional screening of a wall or fence. The buffer width along the eastern property boundary shall be 10-feetwide. Within the surrounding area, several other properties are also developed with buildings containing overhead doors on the primary fagade without the screening requirements specified in LDC 5.05.08.D.8.a. Therefore, the proposed landscaping would not negatively affect the aesthetics and appearance character of the immediate surrounding area without the additional wall or fence screening component, nor affect the health, safety and welfare of the surrounding community. Staffs Analysis and Recommendation: Staff can support this deviation. Although the proposed overhead doors are 14 feet in height, the additional plant material will provide improvements to what's existing and provide partial screening of the overhead doors (six foot high shrubs). The east fagade, where the overhead doors are located, also faces an industrial park, which help mitigate the impact of views from general traffic. 2. LDC section 5.05.08 D.2.b Design features. The design of primary fagades must include, at a minimum, two of the following design features: Glazing covering a minimum of 25 percent of the primary fagade area, consisting of window and/or glazed door openings. a. Alternative. Trellis or latticework on the primary fagade used as a support for climbing plants may count for up to 50 percent of the window area on primary facades. The planting area shall be an irrigated bed 3 feet in depth and a minimum width equal to the width of the trellis with 3 gallon vines at 3 feet on center at time of installation. Climbing plants shall achieve 80 percent opacity on the trellis within one year. Tamiami Ford - DR-PL20160001391 Page 5 of 11 HEX Hearing March 23, 2017 ii. Projected or recessed covered entrance providing a minimum horizontal dimension of eight feet and a minimum area of 100 square feet. In addition, a minimum of 15 percent of the primary facade area must be devoted to window and/or glazed door openings. iii. Covered entrance with a minimum horizontal dimension of 16 feet and a minimum area of 200 square feet. In addition, a minimum of 15 percent of the primary facade area must be devoted to window and/or glazed door openings. iv. Covered walkway, or arcade (excluding canvas type) constructed with columns at least 12 inches wide, attached to the building, or located no more than 12 feet from the building. The structure must be permanent and its design must relate to the principal structure. The minimum width must be eight feet, with a total length measuring 40 percent of the length of the associated facade. In addition, a minimum of 15 percent of the primary facade area must be devoted to window and/or glazed door openings. V. Awnings located over doors, windows, or other ornamental design features projecting a minimum of 2 feet from the facade wall and a width totaling a minimum of 40 percent of the facade length. In addition, a minimum of 15 percent of the primary facade area must be devoted to window and/or glazed door openings. Vi. Porte-cochere with a minimum horizontal dimension of 18 feet. In addition, a minimum of 15 percent of the primary facade area must be devoted to window and/or glazed door openings. Vii. A tower element such as but not limited to a clock or bell tower element. In addition, a minimum of 15 percent of the primary facade area must be devoted to window and/or glazed door openings. viii. Trellis or latticework covering a minimum of 15 percent of the primary facade and used as a support for climbing plants. The planting area shall be an irrigated bed 3 feet in depth and a minimum width of the trellis with 3 gallon vines at 3 feet on center at time of installation and climbing plants shall achieve 80 percent opacity on the trellis within one year. This provision shall not be utilized with the alternative design feature identified in LDC section 5.05.08 D.2.b.i.a). ix. Entry plaza to the building with a minimum 200 square feet in area that includes seating. In addition, a minimum of 15 percent of the primary facade area must be devoted to window and/or glazed door openings. X. Elevated entry a minimum of 16 inches in elevation above the primary finished floor of the building bordering or connected to the building facade and a minimum of 400 square feet in area. The area calculation may include interior and exterior spaces of raised surface with not more than 50 percent of interior area. In addition, a minimum of 15 percent of the primary facade area must be devoted to window and/or glazed door openings. Tamiami Ford - DR-PL20160001391 Page 6 of 11 HEX Hearing March 23, 2017 Xi. Entry courtyard contiguous with the building entry and connected to the primary fagade consisting of a defined space with a minimum area of 650 square feet. The courtyard may be any combination of hard or softscape with walkways and defined hard edge, decorative fencing, or a minimum 4 foot wall(s). In addition, a minimum of 15 percent of the primary fagade area must be devoted to window and/or glazed door openings. Justification: A deviation from LDC Section 5.05.08 D.2.b, which requires a minimum of two design features along primary facades to instead deviate from all the primary fagade requirements on the east elevation. Given several of the design standards require a percentage of the fagade be devoted to glazing with or without glass doors, the design standards cannot be fully met. Based on coordination with County review staff, an awning located at the service drive portion of the fagade is being provided as an alternative design feature. The awning will be 5 -feet in depth and approximately 30 -feet in width, clad with some of the ARM product utilized to accent other facades on the building. The ARM product is a corrugated metal panel product from the Alcoa company. It is a Reynolux material that is slate gray in color; as shown in the material legend on the elevation plan provided to the County for architectural review. This is the only location where this material will be utilized on the east fagade; making this design element a more prominent feature on the facade. With this alternative design, we are requesting a deviation from the primary fagade glazing requirement Per LDC section 5.05.08.D.2.b, on the east elevation of the proposed building. Being that the eastern side of the building is not operationally designed for public access and for insurance liability reasons, this area is restricted from the public. Many of the design features available consider a public access in their intent; i.e. courtyards, elevated entries, entry plazas, porte cochere's etc. The trellis feature could potentially be a feature utilized, with the exception of the glazing requirement contained within its design standards, however, this option was not chosen by the applicant. Instead, an alternative landscaping buffer plan along the eastern boundary was coordinated and accepted by review staff in lieu of the trellis or latticework as the secondary feature. The proposed enhanced buffer, as proposed in Deviation #1, would have the effect of providing screening from the street of the proposed structure; e.g. this feature would not be able to be meaningfully seen or appreciated with the provision of said enhanced buffer. Additionally, the glazing requirement was originally adopted under Collier County Ordinance 2004-72, under Section 5.05.08.D.2.b, meaning this requirement was instituted after the original development of the site. The existing building currently does not meet this glazing standard, while the facade has solid overhead doors similar to what we're proposing. The overhead doors will be open all day during business hours for access to the service bays and closed at night for security reasons. We also have a unique commercially zoned property located adjacent to an industrial park. This is not a retail frontage as would typically be the case for a primary fagade on a commercial property. Please see the attached pictures of the existing conditions. The Tamiami Ford - DR-PL20160001391 Page 7 of 11 HEX Hearing March 23, 2017 properties east and south of the project are both industrially zoned and currently have overhead doors facing the Tamiami Ford property. Lastly, while we understand that this in itself should not constitute approval of this request, we would hope it would be considered in this case. Impact rated 14' doors are very costly (approximately $10,000 per door), and tandem, or glass impact rated door costs 2-1/2 to 3- 1/2 times that, while offering no added functional benefit given they are open 100% of the time during business hours. The same line of thinking is held by the applicant with the provision of another design feature that was found to be costly and not necessarily appropriate in a more industrial area of the County where the benefit would be lost on the public; a clock or bell tower element. Based on all of what we've shared, we would ask that we be allowed to utilize solid impact rated overhead coiling doors and deviate from the above referenced glazing requirement. atatts Analysis and Recommendation: Staff can support this deviation. The orientation of the building's east faVade faces an industrial park which eliminates view from general traffic, mitigating impact. This along with the applicant proposal of an Entry Awning on the East faVade to enhance the service entry and a 10 -foot wide Type "D" Buffer, provides a combined alternative solution for the individual East Primary FaVade requirements appropriate for the use and function of the building, and its site context. ANALYSIS: Staff has reviewed the requested against the established criteria for Site Plans with Deviations under LDC Section 10.02.03.F.7, and provide the below analysis. a. Land uses and densities within the development shall be consistent with the permitted and approved conditional uses in the zoning district. Staff has described the existing land use pattern in the "surrounding Land Use and Zoning" portion of this report. The proposed deviations will not change the permitted land uses and densities within the development. Tamiami Ford - DR-PL20160001391 HEX Hearing March 23, 2017 Page 8 of 11 b. The proposed development is consistent with the Growth Management Plan. Staff is of the opinion that the project as proposed will remain consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development. Staff recommends that this petition be deemed consistent with the FLUE of the GMP. The petition can also be deemed consistent with the CCME and the Transportation Element. Therefore, staff recommends that this petition be deemed consistent with the GMP because uses are not changing with the proposed deviations. e. The development shall have a beneficial effect both upon the area in which it is proposed to be established and upon the unincorporated area as a whole. The proposed deviations will not change the permitted land uses and densities within the development. It is staff opinion that the proposed development, while not fully meeting current LDC requirements, does propose building, site, and landscape improvements that exceed the requirements upon which the site was originally developed. Staff is of the opinion that the proposed improvements will have beneficial effect for the surrounding neighborhood and unincorporated Collier County for this currently developed property. d. The total land area within the development and the area devoted to each functional portion of the development shall be adequate to serve its intended purpose The proposed deviations will not change the current land area within the development and are adequate to serve the intended purpose. e. Streets, utilities, drainage facilities, recreation areas, sizes and yards, architectural features, vehicular parking and loading facilities, sight distances, landscaping and buffers shall be appropriate for the particular use involved. Staff is of the opinion that all these deviations meet the purpose and intent of the LDC regulations as noted above for the proposed redevelopment. The additional architectural, site, and landscape improvements proposed are appropriate and will be of benefit to the community. f. Visual character of the project shall be equal or better in quality than that required by the development standards for the zoning district. The visual character of the project shall be better in quality than the existing project before redevelopment and after it was first permitted. Staff has reviewed the information provided by the applicant and is of the opinion that the project will have a better visual character than the existing project before redevelopment and after it was first permitted. g. Areas proposed for common ownership shall be subject to a reliable and continuing maintenance guarantee. Tamiami Ford - DR-PL20160001391 Page 9 of 11 HEX Hearing March 23, 2017 At time of the Site Development Plan Amendment and Building Permit processing the proposed development improvements are subject to reliable and continuing maintenance requirements as well as standard confirmation and authorization of common ownership(s). h. Deviations shall be clearly delineated in the petition and shall be the minimum required to achieve the goals of the project and comply with these standards. Staff finds that the deviations are clearly delineated and are the minimum required to achieve the goals of the project, and comply with those standards i. The petitioner has provided enhancements to the development. The applicant is proposing to provide alternative architectural and landscape enhancements that support the approval of these deviations. j. Approval of the deviation(s) will not have an adverse effect on adjacent properties. Staff has described the existing land use pattern in the "surrounding Land Use and Zoning" portion of this report. Further, based on the information provided in the application the proposed deviations, with applicable conditions, should not adversely affect adjacent properties. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office reviewed the staff report for this petition on March 7, 2017. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve the two deviations of Tamiami Ford Inc., Site Plan with Deviations, DR-PL201600001391 with the following conditions: 1. The color architectural drawing (A400 of the back-up) showing the proposed canopy (building's east and south fagade elevation) shall be included as part of this approval. 2. The landscape drawing (Tamiami Ford SDPA Landscape/Irrigation Plans sheet 1 of 2 of the back-up) showing the proposed Type B buffer along Dean Street shall be included as part of this approval. Attachments: A. Deviation Narrative B. Application - Backup Material Tamiami Ford - DR-PL20160001391 Page 10 of 11 HEX Hearing March 23, 2017 PREPARED BY: DANIEL JAMES SMITH; AICP, PRINCIPAL PLANNER ZONING SERVICES SECTION REVIEWED BY: RAY BELLOWS, MANAGER ZONING SERVICES SECTION MIKE BOSI, AICP, DIRECTOR ZONING DIVISION Tamiami Ford - DR-PL20160001391 HEX Hearing March 23, 2017 3/ / DATE DATE ')-- 2 - 7 DATE De D"IDSON ATTACHMENT "A" PROJECT NARRATIVE, DEVIATION JUSTIFICATION SUMMARY EVALUATION CRITERIA The purpose of this Site Plan with Deviations application is to permit the LDC's existing and required landscape buffering for developments adjacent to properties with an Industrial -I zoning designation and vehicular rights-of-way (ROW), as prescribed by Sec. 4.06.02, to be sufficient screening for overhead doors along the primary facades, facing Dean Street. 1. A deviation from LDC Section 5.05.08 D.8.a, which requires that overhead doors must be adequately screened when located on the primary facades with a screening wall with a minimum height of 6 -feet measured from the height of the adjacent roadway or a landscape buffer achieving 75 percent opacity within one year, to instead allow the subject property to be redeveloped consistent with the landscape screening regulations in place at the time the building permit was approved for the construction of the overhead doors, COMM 99-101254. This buffer will be enhanced with Type B Buffer planting materials but will not require additional screening of a wall or fence. The buffer width along the eastern property boundary shall be 10 -feet wide. Justification: The existing building contains overhead doors that have been present at least since 2000; prior to the adoption of Ordinance 2004-72. Said ordinance was amended and adopted to specify additional screening and landscape requirements for developments with overhead doors located on a primaryfayade. Prior to that time a Type "D" landscape buffer was the required and approved buffer yard along the eastern perimeter (adjacent to the right- of-way) for the development. Additionally, there was no screening wall requirement for overhead doors on primary facades at the time the overhead doors were originally installed on the existing building. The applicant/property owner is proposing to redevelop the site and continue to operate an automotive service center with overhead doors in the same location as initially approved on the original site plan, with the addition of an awning to enhance the eastern fagade, and a Type "D" landscape buffer along the eastern perimeter of the property. This buffer will be enhanced with Type B Buffer planting materials (consistent with the provided landscape plans attached to this application and submittal) but will not require additional screening of a wall or fence. The buffer width along the eastern property boundary shall be 10 feet wide. Within the surrounding area, several other properties are also developed with buildings containing overhead doors on the primary fagade without the screening requirements specified in LDC 5.05.08 D.S.o. Therefore, the proposed landscaping would not negatively affect the aesthetics and appearance character of the immediate surrounding area without the additional wall or fence screening component, nor affect the health, safety and welfare of the surrounding community. Attachment A TAMIAMI FORD - SITE PLAN WITH DEVIATIONS FOR REDEVELOPMENT MARCH 2017 Dmllb� E DAVIDSON LDC section 5.05.08 D.2.b Design features. The design of primary fa4ades must include, at a minimum, two of the following design features: Glazing covering a minimum of 25 percent of the primary fagade area, consisting of window and/or glazed door openings. Alternative. Trellis or latticework on the primary fa§ade used as a support for climbing plants may count for up to 50 percent of the window area on primary facades. The planting area shall be an irrigated bed 3 feet in depth and a minimum width equal to the width of the trellis with 3 gallon vines at 3 feet on center at time of installation. Climbing plants shall achieve 80 percent opacity on the trellis within one year. Projected or recessed covered entrance providing a minimum horizontal dimension of eight feet and a minimum area of 100 square feet. In addition, a minimum of 15 percent of the primary facade area must be devoted to window and/or glazed door openings. iii. Covered entrance with a minimum horizontal dimension of 16 feet and a minimum area of 200 square feet. In addition, a minimum of 15 percent of the primary fagade area must be devoted to window and/or glazed door openings. iv. Covered walkway, or arcade (excluding canvas type) constructed with columns at least 12 inches wide, attached to the building, or located no more than 12 feet from the building. The structure must be permanent and its design must relate to the principal structure. The minimum width must be eight feet, with a total length measuring 40 percent of the length of the associated fagade. In addition, a minimum of 15 percent of the primary fa4ade area must be devoted to window and/or glazed door openings. V. Awnings located over doors, windows, or other ornamental design features projecting a minimum of 2 feet from the facade wall and a width totaling a minimum of 40 percent of the fa4ade length. In addition, a minimum of 15 percent of the primary fagade area must be devoted to window and/or glazed door openings. vi. Porte-cochere with a minimum horizontal dimension of 18 feet. In addition, a minimum of 15 percent of the primary faSade area must be devoted to window and/or glazed door openings. Vii. A tower element such as but not limited to a clock or bell tower element. In addition, a minimum of 15 percent of the primary fagade area must be devoted to window and/or glazed door openings. viii. Trellis or latticework covering a minimum of 15 percent of the primary fa4ade and used as a support for climbing plants. The planting area shall be an irrigated bed 3 feet in depth and a minimum width of the trellis with 3 gallon vines at 3 feet on center at time of installation and climbing plants shall achieve 80 percent opacity on the trellis within one year. This provision shall not be utilized with the alternative design feature identified in LDC section 5.05.08 13.2.b.i.a). TAMIAMI FORD - SITE PLAN WITH DEVIATIONS FOR REDEVELOPMENT MARCH 2017 DE DAVIDSON ix. Entry plaza to the building with a minimum 200 square feet in area that includes seating. In addition, a minimum of 15 percent of the primary fagade area must be devoted to window and/or glazed door openings. X. Elevated entry a minimum of 16 inches in elevation above the primary finished floor of the building bordering or connected to the building fagade and a minimum of 400 square feet in area. The area calculation may include interior and exterior spaces of raised surface with not more than 50 percent of interior area. In addition, a minimum of 15 percent of the primary fagade area must be devoted to window and/or glazed door openings. xi. Entry courtyard contiguous with the building entry and connected to the primary fagade consisting of a defined space with a minimum area of 650 square feet. The courtyard may be any combination of hard or softscape with walkways and defined hard edge, decorative fencing, or a minimum 4 foot wall(s). In addition, a minimum of 15 percent of the primary fagade area must be devoted to window and/or glazed door openings. Justification: A deviation from LDC Section 5.05.08 D.21, which requires a minimum of two design features along primary facades to instead deviate from all the primary facade requirements on the east elevation. Given several of the design standards require a percentage of the fagade be devoted to glazing with or without glass doors, the design standards cannot be fully met. Based on coordination with County review staff, an awning located at the service drive portion of the fagade is being provided as an alternative design feature. The awning will be 5 -feet in depth and approximately 30 feet in width, clad with some of the ARM product utilized to accent other facades on the building. The ARM product is a corrugated metal panel product from the Alcoa company. It is a Reynolux material that is slate gray in color; as shown in the material legend on the elevation plan provided to the County for architectural review. This is the only location where this material will be utilized on the east fagade; making this design element a more prominent feature on the facade. With this alternative design, we are requesting a deviation from the primary fagade glazing requirement Per LDC section 5. 05. 08. D.2. b, on the east elevation of the proposed building. Being that the eastern side of the building is not operationally designed for public access and for insurance liability reasons, this area is restricted from the public. Many of the design features available consider a public access in their intent; i.e. courtyards, elevated entries, entry plazas, porte cochere's etc. The trellis feature could potentially be o feature utilized, with the exception of the glazing requirement contained within its design standards, however, this option was not chosen by the applicant. Instead, an alternative landscaping buffer plan along the eastern boundary was coordinated and accepted by review staff in lieu of the trellis or latticework as the secondaryfeature. The proposed enhanced buffer, as proposed in Deviation #1, would have the effect of providing screening from the street of the proposed structure; e.g. this feature would not be able to be meaningfully seen or appreciated with the provision of said enhanced buffer. TAMIAMI FORD - SITE PLAN WITH DEVIATIONS FOR REDEVELOPMENT MARCH 2017 DE DAVIDSON Additionally, the glazing requirement was originally adopted under Collier County Ordinance 2004-72, under Section 5.05.08.D.2.b, meaning this requirement was instituted after the original development of the site. The existing building currently does not meet this glazing standard, while the facade has solid overhead doors similar to what we're proposing. The overhead doors will be open all day during business hours for access to the service bays and closed at night for security reasons. We also have a unique commercially zoned property located adjacent to an industrial park. This is not a retail frontage as would typically be the case for a primary facade on a commercial property. Please see the attached pictures of the existing conditions. The properties east and south of the project are both industrially zoned and currently have overhead doors facing the Tomiami Ford property. Lastly, while we understand that this in itself should not constitute approval of this request, we would hope it would be considered in this case. Impact rated 14' doors are very costly (approximately $10,000 per door), and tandem, or glass impact rated door costs 2-1/2 to 3- 1/2 times that, while offering no added functional benefit given they are open 100% of the time during business hours. The same line of thinking is held by the applicant with the provision of another design feature that was found to be costly and not necessarily appropriate in a more industrial area of the County where the benefit would be lost on the public; a clock or bell tower element. Based on all of what we've shared, we would ask that we be allowed to utilize solid impact rated overhead coiling doors and deviate from the above referenced glazing requirement. TAMIAMI FORD -SITE PLAN WITH DEVIATIONS FOR REDEVELOPMENT MARCH 2017 Ll rth D�E EVALUATION CRITERIA LDC SECTION 10.02.03.F.7. Standards for approval. The petition shall be reviewed for consistency with the following standards: a. Land uses and densities within the development shall be consistent with the permitted and approved conditional uses in the zoning district. Response: The property is zoned C-5, which allows automotive services and repair uses. The request is for an existing use that has been present since 1987. b. The proposed development is consistent with the Growth Management Plan. Response: The subject property contains an industrial Future Land Use Classification. Per the Future Land Use Element of the Collier County Growth Management Plan, properties with a C-5 zoning designation that existed as of October 1997 are deemed consistent with the Industrial Land Use District. The property has maintained a C-5 zoning designation at least since 1992. c. The development shall have a beneficial effect both upon the area in which it is proposed to be established and upon the unincorporated area as a whole. Response: The existing building will be demolished and redeveloped with a new building. In combination with the facade improvements and other improvements to the site, the proposed development will enhance the appearance and character of the immediate surrounding area. d. The total land area within the development and the area devoted to each functional portion of the development shall be adequate to serve its intended purpose. Response: The subject property is about one acre. The minimum lot size for developments in the C-5 zoning district is 10,000 square feet. Therefore, the property is of adequate size to accommodate the proposed structure and associated infrastructure. e. Streets, utilities, drainage facilities, recreation areas, sizes and yards, architectural features, vehicular parking and loading facilities, sight distances, landscaping and buffers shall be appropriate for the particular use involved. Response: The request is to redevelop the site and continue operation of the existing use. In concert with the requested deviations, the property will be developed consistent with the applicable development standards in the Collier County LDC. TAMIAMI FORD - SITE ?LAN WITH DEVIATIONS FOR REDEVELOPMENT MARCH 2017 DIE DAVIDSON f. Visual character of the project shall be equal or better in quality than that required by the development standards for the zoning district. The visual character of the project shall be better in quality than the existing project before redevelopment and after it was first permitted, Response: The existing building will be demolished and reconstructed with a new building. Aside from the eastern elevation and upon approval of the requested deviations, the applicable design standards will be incorporated on the northern, southern and western facade. Redevelopment of the existing will improve the overall appearance and character of the site and the surrounding area. g. Areas proposed for common ownership shall be subject to a reliable and continuing maintenance guarantee. Response: Acknowledged. The property and project will be under one ownership that will prove reliable and continuing maintenance as required. h. Deviations shall be clearly delineated in the petition and shall be the minimum required to achieve the goals of the project and comply with these standards. Response: The requested deviations are the minimum required to develop the site. i. The petitioner has provided enhancements to the development. Response: The existing building will be demolished and replaced with a new structure along with the associated infrastructure improvements. As the site is located within an existing industrial park, the proposed development will contain architectural features and will be developed according the current LDC (aside from the requested deviations) that will improve the overall character and appearance of the site. j. Approval of the deviation will not have an adverse effect on adjacent properties. Response: The requested deviations pertain to facade improvements and the aesthetics of the site. Therefore, the requested deviation will not be injurious or detrimental to the public welfare. TAMIAM! FORD -SITE PIAN WITH DEVIATIONS FOR REDEVELOPMENT MARCH 2017 LEGEND I j ' � wrooub P•Ko swf•cE I S`INPOAp CO WE xcr F[�_� I I.�J 5Mo SA PMRRE i ENST. r4RU1N0 K I 'U..:`J '�M��PI/') vMNmG WG Q! BENCHMARK VEIYCLE EESMCE NMITEIMNOf � FFE 1I is F).N•w I I AVENUE ® 1 aNn n rca.•noy j so PROPOKO swl olN�P) EFKPNROvoto ON AOD,110N rO°�i°• PNrNo .-...w moss') I �I iCNE •PP1MvI. or mse cONsra,xraN NyrP.s oms NOP NnFNprxz CONairK � M Re"IXRRO MPaCvfNFNR PFNCx MC uKWSt5;EN1 R1N f�! & FFE 15E2F7RR0 � 1 ALL -Em I —sA ENTK l'—s M OEFwE Ev w fLOpM YOP I i P 3r —s co— E E0 fPO4 M PRf51M£ IN 6 W`9 RNNO I I Lr(l � Tf( RSPax51R[ry W �+i OWMEi <w •Ew[rvr EIIiET BNLDII/(i Y1 ElI1rrNG 910WRCICFI FI).el FT-PUW I I v Nf vR01nH2D NON-N•thf/f Or` KGfi•iMN M mNN[D Er tNf COFEEIF I Lq n:�[ayc0 aoN n( sttE ♦ n sw(1. m wNrMlEo LEEiulncs 1 :IEfas LEGEND I j ' � wrooub P•Ko swf•cE I S`INPOAp CO WE xcr F[�_� I I.�J 5Mo SA PMRRE i ENST. r4RU1N0 K I 'U..:`J '�M��PI/') vMNmG WG 1 VEIYCLE EESMCE NMITEIMNOf � FFE 1I is F).N•w I I AVENUE ® 1 aNn n rca.•noy j �ARNOLD I (Pl18LIC) i 60'R.O.W. 1 I I MASTER SITE PLAN GENERAL NOTES' I �I iCNE •PP1MvI. or mse cONsra,xraN NyrP.s oms NOP NnFNprxz CONairK � M Re"IXRRO MPaCvfNFNR PFNCx MC uKWSt5;EN1 R1N f�! & 5s 1 ALL -Em I —sA ENTK l'—s M OEFwE Ev w fLOpM YOP I i P 3r —s co— E E0 fPO4 M PRf51M£ 6 W`9 RNNO I I Lr(l � Tf( RSPax51R[ry W �+i OWMEi <w •Ew[rvr I 1 : fMQ fpPEw4 P•1[N suwte Lu,l� •NP(MlF NIOR ro `NE Pl)CENFM M s*OR 1 Of ux' fnua5*H�C 6Wif ON snC I I v Nf vR01nH2D NON-N•thf/f Or` KGfi•iMN M mNN[D Er tNf COFEEIF I Lq n:�[ayc0 aoN n( sttE ♦ n sw(1. m wNrMlEo LEEiulncs 1 :IEfas I aFNtrtW of fNPC Km)• ITI S,WL 8[ LNE R5„M59L11v Df PROPfah OPNfR atN[ D 5.M pP[ M1AN Sruf, [fi NI fWRFNLNR � trE C0.F(p CO.INA [ I Z tMf55 WR•aCfS HRL OrfMNb PRCa r0 CM,alkutrrov. I 1 � to N 6 iK fUr•Cf [A PMNMD[NENi SiS.fN a w a8R•.SIwY,uR 1 MRM[KNb NN oa5nf uflll)ES SNNL K i1WNEb •NO MM.1NN[0 B" O )'COIphRR[Era*OCPE�SWM I .Z7 ). iMtN /.'q/OR NNNFCM•KC �N PUB1K m NCN,_of Pyr �s Rawfb ru NL rRxN 1ytNPr rNE wale aoPo wP trAN bSyEA •ND NENfiNiCE I •KME k ' FLOOD ZONE INFO. ADDITIO S nom zor•N Em 9i � �L w°°°�mr sNP.c P"m,: f. I P4 ' - n�vrxNf nmoiirsn STID(swngnp •Rf• M SITE SUMEXISTING MARY EXING s.NeNbDI[ 1.w5 u $ ! Y y � w Mw ,rNe PPP[ptw2 SfRNtt eEm. 0 Sf tl - - .�� e c Po Pf. —'a or syrc rsE wN1 noe j —T- T ....� T ; 13.65' % �► Y J. 1 - w d' ' i U5C0 GW SNtS( 19111 Sf r t FM - PROP. WIC1I EERMOE • ..n • a" "'� yfrrre.wEwKdND m j RIrN PFRPOUS •RA 0m ._. a 7PE 1°'N'zNeNP/oaNaAq 'nm, sf 4jy k ` _ 1>.$p SF)FFE 10 ]S FTW[w POrN MG OI PRa d3 18FE ARCM PLAN FDR FIEV—CH:NGE3) - �, ,NE .car � � � �� I rorty s11E Mu abi taoE sEPaaus t[•InSUPEj , i'P sF 3 Pnl RMe. a w I CPCw0[5 O.N •CRS rc « abM iMp4 roW MG d NMP. ]a8.m] SP -- KRu0E5 RbY WMD SITE SUMMARY PROPOSED y g1 m• --t E(. et wM FE � �- "" o� IPa. - sow usf �_ rue's E v mSE; o Q } • sN� a 'Y EulpMO yRD. rx 1f.PeE 0 d ij P RFYA 573 ).1 EI S.i W ' �e�ifs w I PMN aoEpyPM MF )l0 Bt 01t ~ Q, Pmm0us a LA cr 0)1 e.Bb rorty rcwnous •Rfw e,eey Q W • _ PROP WICK 9ERNCF rvPi �' (15120 EF) UC, ms O.M •Ar5 Of m Rd rr iN0 PROP. PRE-pY['NEDiiE 9.m fT�fNW + t suEs.ansDer I. + _ t J; FF E FFE 1180 FT-NSF)Aw - 10— DC 8 i PROP. St0a•OF DEC<{% 22 �9" I EP+E )O aaOP B,wX s FP. E5, •NO P6 Y I.. i•NDECAN ODfflR ZZ Rj$ kip I- TI rop•cccE.+5 R O� f PIP —Z m.) 4;a t f =1-N � f -r• a; P eo VENUE m`w INP1 ,r Roro ■RxY YY)aq gttlF>•R7an vmF rl _ I NTYOe, v=DevMs ,NgStMRF OBOirFFH 1 '`' D (201701m ,b - _ *--- �.� ■ um— GORING DETAIL 0 1 0 40 (EXCLUDES ADA PARKING( F o S—TT -: J Kr rc• 11111-11.11-1— SCALE M FEET C-20.01 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliergov.net Coiter County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 SITE PLAN DEVIATIONS r REDEVELOPMENT LDC Section 10.02.03 IF Ch, 6 1 of the Administrative •r PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT P C N.,,,. INFORMATION. NAMEOFAPPLICANT: TIM ZELLERS, PRESIDENT, TAMIAMI FORD, INC. ADDRESS: 6780 N. AIRPORT PULLING RD CITY NAPLES STATE FL ZIP 34109 TELEPHONE # 239.643.3673 CELL # E-MAILADDRESS: tztamiami@aol.com FAX # NAME OF AGENT: FREDERICK E. HOOD, AICP, SENIOR PLANNER FIRM: DAVIDSON ENGINEERING, INC. ADDRESS: 4365 RADIO RD, SUITE 201 CITY NAPLES TELEPHONE # 239.434.6060 CELL # E-MAILADDRESS: FRED@DAVIDSONENGINEERING.COM STATE FL ZIP 34104 FAX # This application shall be submitted in conjunction with one of the following: site development plan, site development plan amendment, or site improvement plan. PROJECT NAME/PL # IF KNOWN: SDPA PL201600000873 PLANNER/PROJECT MANAGER, IF KNOWN: DATE OF SUBMITTAL OF SDP/SDPA/SIP: 920.2016 9/11/2014 Attachment B Page 1 of 3 Coker County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 INFORMATION REGARDING DEVIATION REQUESTS A site plan with deviations for redevelopment provides a means for a redevelopment project to seek dimensional deviations (excluding height), architectural deviations, and deviations from site features, such as but not limited to, landscaping, parking, and buffers, from the standards established in the LDC when the passing of time has rendered certain existing buildings, structures, or site features nonconforming. A site plan with deviations may be requested for the redevelopment of a site which meets the criteria for a site development plan, site development plan amendment or a site improvement plan as established in LDC section 10.02.03. Except for the requested deviations, the site plan shall comply with LDC section 10.02.03. In accordance with LDC section 10.02.03 F, "redevelopment" shall mean the renovation, restoration, or remodeling of a building or structure, or required infrastructure, in whole or in part, where the existing buildings, structures or infrastructure were legally built and installed. DEVIATION REQUESTS The application must address the follow requirements. Please attach the required narratives and explanations. 1. A narrative of the redevelopment project and how it is consistent with the standards for approval, LDC section 10.02.03 F.7. 2. Description of each requested deviation and justification for each request. Requested deviations shall be clearly delineated in the petition. The LDC section for which the deviation seeks relief from shall be identified. 3. Project enhancements to offset or minimize the deviations shall be clearly identified on the site plan and explanation provided. 4. Deviation Request types: Zoning Deviation Requests - Check all that may be impacted by the request. ❑ Dimensional standards (excluding height): ❑ Parking 0 Architectural 0 Landscape/ Buffers ❑ Other site features: Engineering Deviation Requests - Check all that may be impacted by the request. ❑ Stormwater ❑ Pathways ❑ Transportation Planning ❑Other site features: 9/11/2014 Page 2 of 3 ^ COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliergov.net 6*er Count 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 SUBMITTAL REQUIREMENTS CHECKLIST REQUIREMENTS FOR REVIEW COPIES REQUIRED NOT REQUIRED Completed Site Development Plan with Deviations for 9 ❑ ❑ Redevelopment Application Completed SDP/SDPA/SIP application and all associated materials, 9+ 0 ❑ including all site plan documents. Copy for the Pre -Application Notes, if not submitted with 1 ❑ ❑ SDP/SDPA/SIP Affidavit of Authorization, signed and notarized 1 0 ❑ Electronic Copy of all documents and plans on CD *Please advise: The Office of the Hearing Examiner requires all ❑ Q ❑ materials to be submitted electronically in PDF format. +Unless waived by the Project Manager. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARNG PROCESS: • At the completion of the review process by County review staff, the applicant shall submit all materials --� electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. FEE REQUIREMENTS VSite Plan for Redevelopment: $1,000.00 VEstimated Legal Advertising Fee for the Office of the Hearing Examiner: $925.00 All checks payable to: Board of County Commissioners The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 9/11/2014 Page 3 of 3 From: BellowsRay To: BrethauerPaula; Jessica Harrelson Cc: ScottChris Subject: RE: PL20160000873 - SDPA - REQUEST FOR DEVIATIONS FOR REDEVELOPOMENT APPLICATION Date: Tuesday, June 21, 2016 11:35:31 AM Attachments: imaae002.ona oledata.mso The pre -app for the DR can be waived in this case. R" Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department — Planning & Regulation Telephone: 239.252.2463; Fax: 239.252.6350 From: BrethauerPaula Sent: Tuesday, June 21, 2016 11:28 AM To: Jessica Harrelson Cc: ScottChris; BellowsRay Subject: PL20160000873 - SDPA - REQUEST FOR DEVIATIONS FOR REDEVELOPOMENT APPLICATION Ok. The pre -app notes do not mention the DR, and I will be happy to create a project number for you. However, you will need to provide me with a pre -app waiver from the Zoning Services Manager, Ray Bellows before I can create a project number, as a DR is a Land Use Petition. I have copied Ray for his response. Thanks for your patience Jessica! Paula. From: Jessica Harrelson[maiIto Jessica (d)davidsonengineering com] Sent: Tuesday, June 21, 2016 11:13 AM To: BrethauerPaula <PaulaBrethauerPcolliergov.net> Subject: RE: E -Permitting PL20160000873 We are planning to submit the SDPA and then submit the Site Plan w/ Deviations right after that..... (by Friday) Jessica Harrelson Senior Project Coordinator iessica&davidsonengineering com DAVIDSON N G I N E E R I N G www.davidsonengineering.com Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 Phone 239.434.6060 Fax 239.434.6084 Disclaimer: This email, along with any files transmitted with it, is for the sole use of the intended recipient(s). Any unauthorized review, use, retention, disclosure, dissemination, forwarding, printing or copying of this e-mail or attachments is prohibited. From: BrethauerPaula [mailto:PaulaBrethauer(@collier og v.net] Sent: Tuesday, June 21, 2016 11:12 AM To: Jessica Harrelson <Jessica(o)davidsone gineerin,g com>; KupermanAmy <AmyKuperman(@coiliergov.net> Subject: RE: E -Permitting Ok, what is the SDP PL number? /"IN From: Jessica Harrelson[mailto:Jessica(@davidsonengineerin,g com] Sent: Tuesday, June 21, 2016 11:08 AM To: BrethauerPaula <PaulaBrethauer@colliergov.net>; KupermanAmy <AmyKuperman(@colliergov.net> Subject: RE: E -Permitting The pre -app for the Site Plan w/Deviations is the same pre -app that was held for the SDP. Jessica Harrelson Senior Project Coordinator jessica(&davidsonengineering.com www,davidsonenaineering.com Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 Phone 239.434.6060 �� Fax 239.434.6084 Disclaimer: This email, along with any files transmitted with it, is for the sole use of the intended recipient(s). Any unauthorized review, use, retention, disclosure, dissemination, forwarding, printing or copying of this e-mail or attachments is prohibited. From: BrethauerPaula [mailto:Pau laBrethauer(@collier og v.net] Sent: Tuesday, June 21, 2016 11:06 AM To: Jessica Harrelson <JessicaPdavidsonengineering com>; KupermanAmy <Am KKuupermanPcollier ov.net> Subject: RE: E -Permitting That is because it requires a pre -app. If you have a waiver, you must let me know so I can provide you with a PL number, add you as the applicant, then you can find it in your items through the portal and submit at that time. From: Jessica Harrelson[mailto:JessicaLdavidsonengineering com] Sent: Tuesday, June 21, 2016 10:11 AM To: BrethauerPaula <PaulaBrethauerLcollier og v.net>; KupermanAmy <AmyKupermanftcollier ov.net> Subject: E -Permitting I noticed that a "Site Plan with Deviations for Redevelopment" isn't available on the list of planning applications. Can this be added? Thanks. Jessica Harrelson Sensor Project Coordinator iessica(Mdavidsonengineering.cam www.davidsonenaineering.com Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 Phone 239.434.6060 Fax 239.434.6084 Disclaimer: This email, along with any files transmitted with it, is for the sole use of the intended recipient(s). Any unauthorized review, use, retention, disclosure, dissemination, forwarding, printing or copying of this e-mail or attachments is prohibited. CAT County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 Pre -Application (fleeting Nates Petition Type: SDPA Date and Time: 5!3(2016 @ 2:30 pm Assigned Planner: Chris Scott Engineering Manager (for PPUs and FP's): Project Information Project Name: Tamiami Ford PL #: 20160000873 Property ID #: 274200005, 274160006 Current Zoning: C-5 Project Address: Applicant. Davidson Engineering Agent Name: City: State Zip: Phone: Agent/Firm Address: City: State: Zip: Property Owner: Please provide the following, if applicable: i. Total Acreage: ii. Proposed # of Residential Units: iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: 92-080, AR -12319, PL2010000807 V. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliergov.net Co er County Meeting Notes 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 Label existing and proposed. Show full site on master plan; detail sheets can focus in on area of proposed changes Update all tables. Delineate parking spaces vs display areas. V2 126XP -z5Z�2 -S -77 /"1 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.collierrgov.net r� Co er County Meeting Notes 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 'Right-of-way - Label Airport Pulling Road, Mercantile Ave. and Dean Street as public, provide a note on the plans that a County "Permit to Perform Work and/or Maintenance in Public Right -of -Way' is requireo for work within the roadway ROW on Airport Pulling Road, Mercantile Ave. and Dean Street, r/w permit should be submitted separately after SDP submittal and plans should include all work within right-of-way (paving, drainage, utilities, sidewalks, etc.) 'Engineering Stormwater - Provide Engineering report including rnrrfin�nc and storm sewer pipe sizing talcs as applicable, portions of the site are in an AH flood zone, proposed finished floor(s) to be at the design flood elevation or BFE plus one foot whichever is higher, paving and drainage details, standard notes, opinion of cost, engineering stormwater checklist, if plans in NGVD to match old plans, provide a conversion equation to NAVD on the plans `Utilities - City water, County sewer, approval from City of Naples for water prior to the pre -construction meeting, provide sewer demand talcs using FAC; applicable ownership/inspection notes, no outstanding final acceptance obligations, opinion of cost ��Xi)�./6 ✓�A i..13'j6j-C��1� h,S� G ;� w n2 fir -� ry ✓vA PAOJ/0A / ?/}a Fx4f,-7.✓6 tlL'ZoC 4-5-7 r4 , /� K Rr `Cit i-a�/�✓J �12�J1 nF J vv ;L !�'6i� � i.t�� C�✓�2r1:(;,� .ve r..i�,,,, mow, `?y'Sf- �"�t%w iY)�%�" . L-22 GF J2l` , �� ,,,i<�= Fes. f ,� '� T'ln,5 �.✓ , i�?-1 �✓c•"� i Jar-'' .��.j;1 r./� �s" �--J'—'�;�-,•�J- <"�F�`'' C uY7 yn L-4 u- �j Cs r^ v G t fi' . ,� CUrtF f+2.�✓� ytF /a �-/vr % +?�`i> ��Xi)�./6 ✓�A i..13'j6j-C��1� h,S� G ;� w n2 fir -� ry ✓vA PAOJ/0A / ?/}a Fx4f,-7.✓6 tlL'ZoC 4-5-7 r4 , /� K Rr `Cit i-a�/�✓J �12�J1 nF J vv ;L !�'6i� � i.t�� C�✓�2r1:(;,� .ve r..i�,,,, mow, `?y'Sf- �"�t%w iY)�%�" . Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 �j Meeting Notes A f yAJ CAT County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 Pre -Application Meetin Sign -In Sheet Collier County Contact information: Name Review Discipline Phone Email ❑ David Anthony Environmental Review 252-2497 davidanthony@colliergov.net ❑ Summer Araque Environmental Review 252-6290 summerbrownaraque@colliergov.net ❑ Steve Baluch Transportation Planning 252-2361 StephenBaluch@colliergov.net ❑ Mark Burtchin ROW Permitting 252-5165 markburtchin@colliergov.net George Cascio Utility Billing 252-5543 georgecascio@colliergov.net ❑ Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidiashton@colliergov.net ❑ Dale Fey North Collier Fire Safety daiefey@colliergov.net ❑ jEric Fey, P.E. Utility Plan Review 252-2434 ericfey@colliergov.net Paula Fleishman Impact Fee Administration 252-2924 paulafleishman@colliergov.net ❑ Michael Gibbons Structural/Residential Plan Review 252-2426 michaelgibbons@colliergov.net ❑ Nancy Gundlach, AICP, PLA Zoning Services 252-2484 nancygundlach@colliergov.net ❑ Shar Hingson East Naples Fire District 687-5650 shingson@ccfco.org ❑ hn Houldsworth Engineering Services 252-5757 johnhoutdsworth@colliergov.net Jodi Hughes Transportation Pathways 252-5744 jodihughes@colliergov.net ❑ Alicia Humphries Right -Of -Way Permitting 252-2326 aliciahumphries@colliergov.net ❑ Marcia Kendall Comprehensive Planning 252-2387 marciakendall@colliergov.net ❑ Stephen Lenberger Environmental Review 252-2915 stevelenberger@colliergov.net Paulo Martins Utilities 252-4285 paulomartins@colliergov. net ❑ Thomas Mastroberto Greater Naples Fire Safety 252-7348 Thomasmastroberto@colliergov.net ❑ Jack McKenna, P.E. Engineering Services 252-2911 jackmckenna@colliergov.net ❑ Matt McLean, P.E. Principal Project Manager 252-8279 matthewmclean@colliergov. net ❑ Gilbert Moncivaiz Utility Impact Fees 252-4215 gilbertmoncivaiz@colliergov.net ❑ Michele Mosca, AICP Impact Fee Administration 252-2466 michelemosca@colliergov.net ❑ Annis Moxam Addressing 252-5519 annismoxam@colliergov.net ❑ Mariam Ocheltree Graphics 252-2315 mariamocheltree@colliergov.net ❑ Brandy Otero Transit 252-5859 brandyotero@colliergov.net ❑ Bill Pancake North Collier Fire Safety 252-2310 billpancake@colliergov.net ❑ Brandi Pollard Utility Impact fees 252-6237 brandipollard@colliergov.net ❑ Fred Reischl, AICP Zoning Services 252-4211 fredreischl@colliergov.net Brett Rosenblum, P.E. Stormwater Plan Review 252-2905 brettrosenblum@colliergov.net ❑ Michael Sawyer Transportation Planning 252-2926 michaelsawyer@colliergov.net Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)2S2-2400 ❑ Corby Schmidt, AICP I Comprehensive Planning 252-2944 corbyschmidt@colliergov.net ris Scott, AICP Planning and Zoning 252-2460 chrisscott@colliergov.net Peter Shawinsky Architectural Review 252-8523 petershawinsky@colliergov.net ❑ Daniel Smith, AICP Zoning Services 252-4312 danielsmith@colliergov.net ❑ Scott Stone Assistant County Attorney 252-8400 scottstone@colliergov.net ❑ rk Strain Hearing Examiner/CCPC 252-4446 markstrain@colliergov.net Mark Templeton Landscape Review 252-2475 marktempleton@colliergov.net ❑ Carolina Valera Comprehensive Planning 252-8498 carolinavalera@colliergov.net ❑ Kris VanLengen Utility Planning 252-5366 krisvanlengen@colliergov.net C1 Jon Walsh Building Review 252-2962 jonathanwalsh@colliergov.net ❑ David Weeks, AICP Future Land Use Consistency 252-2306 davidweeks@colliergov.net ❑ Kirsten Wilkie Environmental Review 252-5518 kirstenwilkie@colliergov.net Christine Willoughby Planning and Zoning 252-5748 ChristineWilloughby@colliergov.net Additional Attendee Contact Information: V. W61Y m7- 7— Name Representing Phone Email —� a5l L� • 3�f.6o6o ,US GtaH/,71�5oy, ee N t 6 F kb- TMS. (?6UWz cxor V. W61Y m7- 7— 0016 T county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.coiliergov.net (239) 252-2400 FAX: (239) 252-6358 Application: Site Development Plan (SDP) Site Development Plan Amendment (SDPA) LDC Section 10.02.03 and other provisions of the LDC Chapter 4 of the Administrative Code PROJECT NUMBER PROJECT NAME For Staff Use DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Owner: Address: Telephone: J E -Mail Address: Name of Agent/Applicant: Address: Cell: City: City: State: ZIP: Fax: Firm: State: ZIP: Telephone: Cell: Fax: E -Mail Address: PROPERTY INFORMATION Prniprt Name: Original SDP # or AR/PL # (if applicable): Location of Subject Property (proximity to closest major intersection or road): Section/Township/Range Subdivision: Total Area of Project: # Units / Property I.D. #: Unit: Lot: Density Block: Non- Residential Sq Ft Current Zoning Designation: Zoning Approval(s): List the case number(s), ordinance and/or Resolution Number(s) of any Zoning, Conditional use, Variance, Administrative Parking Reduction, HEX, or other applicable zoning actions, requested or approved for the property 3/2/16 Page 1 of 9 Co ler County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 DESCRIPTION OF PROPOSED PROJECT OR AMENDMENT On a separate sheet attached to the application, provide a cover letter describing in detail the proposed project or proposed changes, including any discussions with the assigned planner that may be pertinent to the review of the application, and the sheet numbers of the plans affected by the change if applicable. ADJACENT ZONING & LAND USE Zoning Land Use N S E W Pre -Application Meeting and Submittal Requirement Checklist for: Site Development Plan (SDP) or Site Development Plan Amendment (SDPA) Chapter 4 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. See Chapter 4 of the Administrative Code for submittal requirements. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES NOT REQUIRED REQUIRED STANDARD REQUIREMENTS: Completed Application (download current form from the County website) 1 ❑ Cover Letter explaining the project 1 1❑ Completed Addressing Checklist 1 ❑ Pre -application meeting notes 1 ❑ Site Development Plan (SDP or SDPA) (signed & sealed) including cover sheet 6 ❑ PUD Monitoring Schedule 1 PUD monitoring report 1 PUD Ordinance and Development Commitment Information, as applicable (digital only) 1 ❑ Affidavit of Authorization & Evidence of Authority 1 ❑ Boundary and Topographic Survey (less than 6 months old) 6 ❑ Opinion of Title or property owner statement/Affidavit 1 ❑ Recorded Deed or contract for sale (non -recorded deeds or Property Appraiser print-outs will not be accepted) 1 / ❑ Fee Calculation Worksheet & Review fees, signed 1 ❑ Copy of Site Development Plans (DWG or DFX format) on CDROM disc in State Plane NAD83 feet Florida Ease Coordinates 1 ❑ 3/2/16 Page 2 of 9 cAl y county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 ARCHITECTURAL OR NON -ARCHITECTURAL REVIEW: # OF REQUIRED NOT COPIES REQUIRED For projects subject to Architectural Review: Architectural plans must be 1/8" scale minimum (signed & sealed), including: ✓ Every Fagade of each building must be shown on Architectural plans ✓ Building cross sections or typical wall sections ✓ Dumpster details: height, material and color ✓ Light pole details or cut sheet: height, material and color ✓ Color paint chips and roof color paint chips or samples 6 ❑ ✓ Floor plans and building elevations ✓ One color rendering of proposed building This project s for a separate "Alternative Architectural Design" submittal per 5.05.08.F, Additional fees ($500.00) and submittal application is required. For projects NOT subject to Architectural Review: For projects not requiring architectural review: Floor plans and elevations with dimensions. This information, showing floor area by use, is intended 6 ❑ N only to determine that the use is compatible with the zoning, establish L parking requirements, and show building height measurements meeting Code. Full architectural or construction drawings are not needed. COA: Completed Certificate of Adequate Public Facilities Application, including the 2 ❑ application fee and estimated Transportation Impact Fee calculations. FIRE: Location of existing and proposed fire hydrants 2 / ❑ Fire Flow tests from Fire Department (no more than 6 months old) 2 ❑ Information in the Standard Building Code, type of construction, total square footage under roof, occupancy/use, fire sprinkler data (NFPA 1141), PLEASE INCLUDE THIS INFORMATION ON EITHER THE COVER PAGE OR SHEET 1 OF 2 ❑ ❑ THE SITE PLANS ENVIRONMENTAL: Environmental Data Requirements 1 ❑ Conservation easement including signed and sealed legal description and boundary survey for preserve — include protective language, sketch and 1 ❑ description in construction plans; contact review staff for current version Listed Species Survey; less than 12 months old. include copies of previous 1 ❑ surveys Preserve Management Plan — provided on the site plan 1 ❑ 3/2/16 Page 3 of 9 4= Cof V #1 r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 TRANSPORTATION: # OF REQUIRE NOT COPIES REQUIRED Transportation Impact Study or waiver (with applicable fees) 2 ❑ STORMWATER: Engineer's Report, signed & sealed, with assumptions and explanations, by a Florida registered professional engineer containing the following: ✓ Completed calculations used to design the facilities, including but not limited to all water, sewer, road, water management systems, and all accessory facilities, public or private; ✓ Drainage calculations including 10 year 1 day; 25 year 3 day; 100 year 3 day storm routings ✓ Detailed hydraulic grade line pipe design calculations utilized to desig 1 E/ ❑ the stormwater management facilities for the subdivision or development; ✓ Geo -technical report with soil boring results ✓ Engineering Review Checklist, signed and sealed by the applicant's professional Engineer; ✓ Engineer's Opinion of probable cost (Paving, grading, Drainage) ✓ Status of all other required permits including copies of information and data submitted to the appropriate permitting agencies. UTILITIES: If within Collier County Public Utilities Service Area- Engineer's Report, signed & sealed, containing the following: ✓ Estimated cost of utilities construction, "Y`&Sewer calculations `` ✓ Sewer Hydraulics (( ✓ Lift station hydraulics to first downstream master station /Y%j_( 1 ❑ ✓ Lift station buoyancy calculations /V�/ ✓ Chloramine Dissipation Report W1 ✓ Detailed hydraulic design calculations utilized to design the wVAII and sewer facilities regulated by the County. Water and/or Sewer availability letter 1 ❑ DEP utility installation permits (water/sewer) 1 Water Meter Sizing Form 1 ❑ LIGHTING: Lighting Plans, signed and sealed by a professional Engineer licensed to practice in the State of Florida or the utility provider 6 ❑ LANDSCAPE & IRRIGATION: Landscape & Irrigation Plans, signed and sealed by a landscape architect registered in the State of Florida 6 ❑ 3/2/16 Page 4 of 9 1COINT County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 SCHOOL CONCURRENCY: # OF REQUIRED NOT COPIES REQUIRED Estimated School Impact Analysis Application — residential projects only (download the School Impact Analysis Application from website) School Concurrency - If the proposed project includes a residential 2 ❑ component, you are required to contact the School District of Collier County at 239-377-0267 to discuss school concurrency requirements. OTHER: Al Electronic copies of all documents and plans in PDF Format and a CD of plans 1 ❑ in CAD Format OTHER COLLIER COUNTY PERMITS (IF REQUIRED THEY MUST BE SEPARATE APPLICATIONS) Right -of -Way permit application (County/F ) ❑ Blasting Permit (BLST) ❑ Early Work Authorization (EWA) ❑ ❑ Excavation Permit (EX) ❑ Vegetation Removal and Site Filling Permit (VRSFP) ❑ ❑ OTHER AGENCIES PERMITS (MAY BE REQUIRED): Permits: All Federal, State and local permits, including but not limited to the following, shall be submitted prior to construction and before the pre - construction meeting. If approved by the County Manager or designee, an applicant may submit Federal, State and local agency permits at the pre - construction meeting. 1 i—�/ lL�� ❑ • SFWMD Permit, Permit Modification, or waiver, including staff report exhibits;�fj� • DEP utility installation permits, water/sewerA/'/7 • Right -of -Way Permit; and j -f • US Army Core of Engineers permit and exhibit, if applicable. 4/1' 3/2/16 Page 5 of 9 Co 6e" T County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) (choose one) owner applicant (print name), as _ (title, if applicable) of (company, if applicable), swear or affirm under oath, that I am the contract purchaser _ and that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize _ to act as our/my representative in any matters regarding this petition including 1 through 2 above. "Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L. C.), then the documents should typically be signed by the Company's "Managing Member. " • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee ". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. Signature STATE OF FLORIDA COUNTY OF COLLIER Date The foregoing instrument was sworn to (or affirmed) and subscribed before me on (name of person providing oath or affirmation), as is personally known to me or who has produced (type of identification) as identification. STAMP/SEAL CP\08-COA-00115\155 Signature of Notary Public (date) by who 3/2/16 Page 6 of 9 Corky County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Fee Calculation Worksheet Site Development Plan (SDP) Review Fees Site Development Plan Amendment (SDPA) Review Fees [❑ Residential only: Base fee of $5,000,00, plus $100.00 ❑ Residential only: Base fee of $2,500.00, plus $100.00 per residential structure, and $40.00 per dwelling unit. per residential structure, and $40.00 per dwelling unit. Number of Buildings: Number of Buildings: Number of D/U: Number of D/U: ❑ Non-residential only: Base fee of $5,000.00, plus Non-residential only: Base fee of $2,500.00, plus $200.00 per non-residential structure, and $0.10 $200.00 per non-residential structure, and $0.10 per sq.ft. per sq.ft. Number of Buildings: Number of Buildings: Total Square Footage: Total Square Footage: ❑ When a building consists of both residential and non- ❑ When a building consists of both residential and non- residential (commercial, retail, office) uses, the residential (commercial, retail, office) uses, the following fees will apply: following fees will apply: 0 $5,000.00 Base fee for SDP • $2,500.00 Base fee for SDPA • $200.00 per structure • $200.00 per structure • $40.00 per residential dwelling unit a $40.00 per residential dwelling unit $0.10 per square foot of non-residential floor area except $0.10 per square foot of non-residential floor area except for for parking garage structures shall be calculated at parking garage structures shall be calculated at $0.05 per $0.05 per gross square foot of floor area (sq.ft. gross square foot of floor area (sq.ft. x$0.10) (sq. x$0.10) (sq. ft. x$0.05)$ ft. x$0.05)$ F1 Fire Review: $200.00 Fire Review: $150.00 3/2/16 Page 7 of 9 Cod. 6 County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Utilit Plan Review and Inspections: EiXonstruction Document Review: 0.75% of probable w�__er and/or sewer construction costs Cost Estimate $ / (( $ [Construction Inspection: 2.25% of probable w#r and/or sewer construction costs (due prior to pre -con meeting) Cost Estimate $ $ Eneineerine Site Plan Review: Vinim onstruction Document Review: 0.75% of probable Paving, Grading, Drainage, Lighting, Code um Landscaping, and any other appurtenant cost of construction. Cost Estimate $ $ onstruction Inspection: 2.25% of probable Paving, Grading, Drainage, Lighting, Code Minimum Landscaping, and any other appurtenant cost of construction (due prior to pre -con meeting) Cost Estimate $ $ TrafRCImpact Study Review: Methodology Review: $500.00, to be paid directly to Transportation at the Methodology Meeting* *Additional Fees to be determined at Methodology Meeting $ ❑ Minor Study Review: $750.00 20 ❑ Major Study Review: $1,500.00 Utilities: 11q ❑ Utility Modeling and Analysis fee: $1,000.00 (only applies if zoned PUD or DRI) $ Environmental: ❑ Site Clearing Permit: $250.00 for the first acre or fraction of an acre and $50.00 for each additional acre or fraction of an acre ($3,000.00 maximum) # of acres $ ❑ Listed or Protected Species Review, when an EIS is not required: $1,000.00 $ ❑ Conservation Easement Review: $300.00 application fee plus the following additional site fee: JJJ0 $200.00 for CE acres less than 5 acres; • $400.00 for CE acres between 5 and 10 acres; • $600.00 for CE area greater than 10 acres and less than 20 acres; • $800.00 for CE areas between 20 and 50 acres; and • An additional $200.00 for every 40 acres of CE over 50 acres. # of acres $ Other YOA Review: $200.00 plus $25.00 per residential dwelling unit, or $25.00 per 1,000 sq. ft. Commercial ($5,000.00 maximum). -� �r,j C2��s ❑ School Concurrency Review, if required: $ * Mitigation Fees, if applicable, to be determined by the School District in coordination with the County 3/2/16 Page 8 of 9 DAVIDSONDE ff4 G:i `+E41PJ EVALUATION CRITERIA LDC SECTION 10.02.03.F.7. Standards for approval. The petition shall be reviewed for consistency with the following standards: a. Land uses and densities within the development shall be consistent with the permitted and approved conditional uses in the zoning district. Response: The property is zoned C-5, which allows automotive services and repair uses. The request is for an existing use that has been present since 1987. b. The proposed development is consistent with the Growth Management Plan. Response: The subject property contains an Industrial Future Land Use Classification. Per the Future Land Use Element of the Collier County Growth Management Plan, properties with a C-5 zoning designation that existed as of October 1997 are deemed consistent with the Industrial Land Use District. The property has maintained a C-5 zoning designation at least since 1992. c. The development shall have a beneficial effect both upon the area in which it is proposed to be established and upon the unincorporated area as a whole. Response: The existing building will be demolished and redeveloped with a new building. In combination with the facade improvements and other improvements to the site, the proposed development will enhance the appearance and character of the immediate surrounding area. d. The total land area within the development and the area devoted to each functional portion of the development shall be adequate to serve its intended purpose. Response: The subject property is about one acre. The minimum lot size for developments in the C-5 zoning district is 10,000 square feet. Therefore, the property is of adequate size to accommodate the proposed structure and associated infrastructure. e. Streets, utilities, drainage facilities, recreation areas, sizes and yards, architectural features, vehicular parking and loading facilities, sight distances, landscaping and buffers shall be appropriate for the particular use involved. Response: The request is to redevelop the site and continue operation of the existing use. In concert with the requested deviations, the property will be developed consistent with the applicable development standards in the Collier County LDC. TAMIAMI FORD - SITE PLAN WITH DEVIATIONS FOR REDEVELOPMENT JANUARY 2017 DE DAVIDSON f. Visual character of the project shall be equal or better in quality than that required by the development standards for the zoning district. The visual character of the project shall be better in quality than the existing project before redevelopment and after it was first permitted. Response: The existing building will be demolished and reconstructed with a new building. Aside from the eastern elevation and upon approval of the requested deviations, the applicable design standards will be incorporated on the northern, southern and western facade. Redevelopment of the existing will improve the overall appearance and character of the site and the surrounding area. g. Areas proposed for common ownership shall be subject to a reliable and continuing maintenance guarantee. Response: Acknowledged. The property and project will be under one ownership that will prove reliable and continuing maintenance as required. h. Deviations shall be clearly delineated in the petition and shall be the minimum required to achieve the goals of the project and comply with these standards. Response: The requested deviations are the minimum required to develop the site. i. The petitioner has provided enhancements to the development. Response: The existing building will be demolished and replaced with a new structure along with the associated infrastructure improvements. As the site is located within an existing industrial park, the proposed development will contain architectural features and will be developed according the current LDC (aside from the requested deviations) that will improve the overall character and appearance of the site. j. Approval of the deviation will not have an adverse effect on adjacent properties. Response: The requested deviations pertain to facade improvements and the aesthetics of the site. Therefore, the requested deviation will not be injurious or detrimental to the public welfare. TAMIAMI FORD - SITE PLAN WITH DEVIATIONS FOR REDEVELOPMENT JANUARY 2017 DE DAVIDSON rlacs rfn."G DISCLOSURE OF INTEREST NAME OF OWNER PERCENTAGE OF OWNERSHIP TAMIAMI FORD, INC. 100% 1471 AIRPORT PULLING ROAD NORTH NAPLES, FL 34104 LIST OF OFFICERS ROBERT T. ZELLERS, PRESIDENT 100% /O�1 TAMIAMI FORD -SITE PLAN WITH DEVIATIONS FOR REDEVELOPMENT DECEMBER 2016 coter County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Application: ❑ Site Development Plan (SDP) 1 Site Development Plan Amendment (SDPA) LDC Section 10.02.03 and other provisions of the LDC Chapter 4 of the Administrative Code PROJECT NUMBER PROJECT NAME For Staff Use DATE PROCESSED APPLICANT CONTACT INFORMATION Name of owner: TAMIAMI FORD, INC Address: 6780 Airport Pulling Rd N City: NAPLES Telephone: 239.643.3673 Cell: E -Mail Address: tZtamiami@aol.com Name of Agent/Applicant: JOSH FROTH, VICE PRESIDENT Address: 4365 RADIO ROAD, SUITE 201 City: NAPLES Telephone: 239.434.6060 Cell: E -Mail Address: JOSH@DAVIDSONENGINEERING.COM PROPERTY INFORMATION Project Name: TAMIAMI FORD State: FL ZIP: 34109 Fax: Firm: DAVIDSON ENGINEERING, INC. State: FL ZIP: 34104 Fax: 239.434.6084 Original SDP # or AR/PL # (if applicable): SDP 92-080; AR -12319; PL2010-807; SDPI-AR-3424 Location of Subject Property (proximity to closest major intersection or road): 3485 MERCANTILE AVE; 1471 AIRPORT RD N Section/Township/Range: 36 Subdivision: Total Area of Project: # Units 2 Current Zoning Designation: C-5 / / X Property I.D. #: 00274160006 & 00274200005 Unit: Lot: Block: Density Non- Residential Sq Ft 22'137 (addition) Zoning Approval(s): List the case number(s), ordinance and/or Resolution Number(s) of any Zoning, Conditional use, Variance, Administrative Parking Reduction, HEX, or other applicable zoning actions, requested or approved for the property. 3/2/16 Page 1 of 9 Cott ' -ley County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 On a separate sheet attached to the application, provide a cover letter describing in detail the proposed project or proposed changes, including any discussions with the assigned planner that may be pertinent to the review of the application, and the sheet numbers of the plans affected by the change if applicable. Pre -Application Meeting and Submittal Requirement Checklist for: Site • Plan (SDP) or Site - • t Chapter J; ;* Administrative i The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. See Chapter 4 of the Administrative Code for submittal requirements. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW Zoning Land Use N GREY OAKS PUD / DRI DEVELOPED / EXISTING GOLF COURSE S ROW / C-5 MERCANTILE AVE / DEVELOPED COMMERCIAL E INDUSTRIAL DEVELOPED/EXISTING INDUSTRIAL PARK W ROW / C-3 AIRPOR PULLDING RD / DEVELOPED COMMERCIAL Pre -Application Meeting and Submittal Requirement Checklist for: Site • Plan (SDP) or Site - • t Chapter J; ;* Administrative i The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. See Chapter 4 of the Administrative Code for submittal requirements. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED NOT REQUIRED STANDARD REQUIREMENTS: Completed Application (download current form from the County website) 1 ❑ ❑ Cover Letter explaining the project 1 ❑ ❑ Completed Addressing Checklist 1 ❑1 ❑ Pre -application meeting notes 1 ❑ ❑ Site Development Plan (SDP or SDPA) (signed & sealed) including cover sheet 6 ❑ ❑ PUD Monitoring Schedule 1 ❑ ❑ PUD monitoring report 1 ❑ ❑ PUD Ordinance and Development Commitment Information, as applicable (digital only) 1 ❑ ❑ Affidavit of Authorization & Evidence of Authority 1 ❑ ❑ Boundary and Topographic Survey (less than 6 months old) 6 ❑ ❑ Opinion of Title or property owner statement/Affidavit 1 ❑ ❑ Recorded Deed or contract for sale (non -recorded deeds or Property Appraiser print-outs will not be accepted) 1 ❑ ❑ Fee Calculation Worksheet & Review fees, signed 1 ❑ ❑ Copy of Site Development Plans (DWG or DFX format) on CDROM disc in State Plane NAD83 feet Florida Ease Coordinates 1 a ❑ 3/2/16 Page 2 of 9 Coer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 ARCHITECTURAL OR NON -ARCHITECTURAL REVIEW: # OF REQUIRED NOT COPIES REQUIRED For projects subject to Architectural Review: Architectural plans must be 1/8" scale minimum (signed & sealed), including: ✓ Every Fagade of each building must be shown on Architectural plans ✓ Building cross sections or typical wall sections ✓ Dumpster details: height, material and color ✓ Light pole details or cut sheet: height, material and color ✓ Color paint chips and roof color paint chips or samples 6 x❑ ❑ ✓ Floor plans and building elevations ✓ One color rendering of proposed building This project qualifies for a separate "Alternative Architectural Design" submittal per 5.05.08.F. Additional fees ($500.00) and submittal application is required. For projects NOT subject to Architectural Review: For projects not requiring architectural review: Floor plans and elevations with dimensions. This information, showing floor area by use, is intended only to determine that the use is compatible with the zoning, establish 6 0 ❑ parking requirements, and show building height measurements meeting Code. Full architectural or construction drawings are not needed. COA: Completed Certificate of Adequate Public Facilities Application, including the 2 ❑ ❑ application fee and estimated Transportation Impact Fee calculations. FERE: Location of existing and proposed fire hydrants 2 ❑ ❑ Fire Flow tests from Fire Department (no more than 6 months old) 2 0 ❑ Information in the Standard Building Code, type of construction, total square footage under roof, occupancy/use, fire sprinkler data (NFPA 1141), PLEASE INCLUDE THIS INFORMATION ON EITHER THE COVER PAGE OR SHEET 1 OF 2x❑ ❑ THE SITE PLANS ENVIRONMENTAL: Environmental Data Requirements 1 ❑ D Conservation easement including signed and sealed legal description and boundary survey for preserve — include protective language, sketch and 1 ❑ 0 description in construction plans; contact review staff for current version Listed Species Survey; less than 12 months old. Include copies of previous 1 ❑ ❑ surveys Preserve Management Plan — provided on the site plan 1 ❑ x❑ 3/2/16 Page 3 of 9 Cof6E-r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 TRANSPORTATION: # Of REQUIRED NOT COPIES REQUIRED Transportation Impact Study or waiver (with applicable fees) 2 ❑ ❑ STORMWATER: Engineer's Report, signed & sealed, with assumptions and explanations, by a Florida registered professional engineer containing the following: ✓ Completed calculations used to design the facilities, including but not limited to all water, sewer, road, water management systems, and all accessory facilities, public or private; ✓ Drainage calculations including 10 year 1 day; 25 year 3 day; 100 year 3 day storm routings ✓ Detailed hydraulic grade line pipe design calculations utilized to design 1 ❑ ❑ the stormwater management facilities for the subdivision or development; ✓ Geo -technical report with soil boring results ✓ Engineering Review Checklist, signed and sealed by the applicant's professional Engineer; ✓ Engineer's Opinion of probable cost (Paving, grading, Drainage) ✓ Status of all other required permits including copies of information and data submitted to the appropriate permitting agencies. UTILITIES: If within Collier County Public Utilities Service Area- Engineer's Report, signed & sealed, containing the following: ✓ Estimated cost of utilities construction, Water & Sewer calculations ✓ Sewer Hydraulics ✓ Lift station hydraulics to first downstream master station 1 ❑ ❑ ✓ Lift station buoyancy calculations ✓ Chloramine Dissipation Report ✓ Detailed hydraulic design calculations utilized to design the water and sewer facilities regulated by the County. Water and/or Sewer availability letter 1 ❑ ❑ DEP utility installation permits (water/sewer) 1 ❑ ❑ Water Meter Sizing Form City of Naples Meter Sizing Form is included within the 1 ❑ ❑ LIGHTING: Engineering R Report Lighting Plans, signed and sealed by a professional Engineer licensed to practice in the State of Florida or the utility provider 6 x❑ ❑ LANDSCAPE & IRRIGATION: Landscape & Irrigation Plans, signed and sealed by a landscape architect registered in the State of Florida ❑ F-16 3/2/16 Page 4 of 9 Got"f7er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergoy.net (239) 252-2400 FAX: (239) 252-6358 SCHOOL CONCURRENCY: # OF REQUIRED NOT COPIES REQUIRED Estimated School Impact Analysis Application — residential projects only (download the School Impact Analysis Application from website) School Concurrency - If the proposed project includes a residential 1 ❑ 0 component, you are required to contact the School District of Collier County at 239-377-0267 to discuss school concurrency requirements. OTHER: Electronic copies of all documents and plans in PDF Format and a CD of plans 1 ❑ ❑ in CAD Format OTHER COLLIER COUNTY PERMITS (IF REQUIRED THEY MUST BE SEPARATE APPLICATIONS) Right -of -Way permit application (County/FDOT) ❑ ❑ Blasting Permit (BLST) ❑ ❑ Early Work Authorization (EWA) ❑ ❑ Excavation Permit (EX) ❑ 0 Vegetation Removal and Site Filling Permit (VRSFP) ❑ 0 OTHER AGENCIES PERMITS (MAY BE REQUIRED): Permits: All Federal, State and local permits, including but not limited to the following, shall be submitted prior to construction and before the pre - construction meeting. If approved by the County Manager or designee, an applicant may submit Federal, State and local agency permits at the pre - construction meeting. 1 1:1 El SFWMD Permit, Permit Modification, or waiver, including staff report exhibits; • DEP utility installation permits, water/sewer; • Right -of -Way Permit; and • US Army Core of Engineers permit and exhibit, if applicable. 3/2/16 Page 5 of 9 This Instrument Prepared by: Sharon H. Billings, An Officer of Associated Land Title Group, Inc., 801 Laurel Oak Drive, Ste 103, Naples, Florida 34108, For Purposes of Title Ins. File M 160-99-0224 Parcel ID # 274200005 Warranty Deed 2473245 OR; 2543 PG; 2695 QCOIDID in OPPICIAL 11CCUS of C01LI11 COUNTT, PL 05/01/1999 it 10:11111 HIGH? 1. )NOCK, CLINK CONS 380000.00 NIC M 15.00 Doc -.10 26f0.00 IOU: ASSOCIATID LAND SITU PIC[ UP (7he terno 'gratuor" utul "grantee" herein Shull be cunstrued to include all genders and suigulur or plutul as the caMrzt indicates.) Made April 30, 1999, BETWEEN Ralph E. Goddard, a single man and Everett J. Goddard, a married than whose post office address is 3485 MercantileAvenue, #A Naples, Florida 34104 of the County of Collier, State of Florida, grantor, and; p Tamiurni Ford, Inc., a Florida p�ation whose post office address is 147IE lt�rth Airport Road Naps, F\iorida 34104 of the County of Collier, State of Florida, grntee j' WITNESSETH: That the said grator: , ,.iot pct( c Dollars, and other good and valuabke' 6ngi rat "n" to grantee, the receipt whereof is,hereby said grantee, and grantee's he s, uciress . ah&*gt land, situate, lying and being' C llier County, Fl is Bee schedule A attacl*'Ihereto and by f'.the sum of Ten ($10.00) ►rin hand paid by said , bargained and sold to the the following described C.:Fieference made a part hereof. Subject to easements and restrict'i" of'record, if artywj are specifically not extended or reimposed hereby. Subjecutp,_ -A ssessments. GRANTOR HEREIN AFFIRMS ABOVE DESCRIBED PROPERTY NOT HOMESTEAD. and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. Page t oft OR: 2543 PG: 2696 IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: QZ __ ---, ktM&ES .�. e� Ralp E. oddard PLEASE PRINT OR TYPE NAME AS IT APPEARS `verett J. Goddard' :rian M. Morrison PLEASE PRINT OR TYPE NAME AS IT APPEARS 4 " t\ r` STATE OF Florida ' !COUNTY OF Collier ` ;. I HEREBY CERTIFY, that on April'`30,1999, bet`ore\ ersonally appeared Ralph E. Goddard, a single man an4 Everett 1. Goddard, a married n}'an Who are personally known to me or have produced the identification identified,lielow, who are the persons described in and who executed the foregoing instrument and who after being duly,sworn say that the execution hereof is his free ac. '=and deed for the uses and purposes herein mentioned. SWORN TO AND SU BSRiBED before me the utarstgned Notary Public by my hand and official seal, the day and year lastre s ` 'ad, ___ \\,;.. ._ - ( )To me personally known ( x) Identified by Driver's License ( Identified by My Commission Expires: 2.1' 5/O.. (- rti!1�' _ TSTM r,C Commission No.: •,'„,_ 4 U • U. 9._, SO t`-.. PLEASE PAINT ON TYPE NAME AS II AH'EA1LS �dl/p* *Cows MAN M. A/QNR,S, hr,Zi'S/)3 Naui0'1U) 1 I PNI,Mibpw,v.. Irby y Page2of2 Th Schedule A OR; 2543 PG; 2697 *** Commencing at the Northwest corner of Section 36, Township 49 South, Range 25 East, Collier County, Florida; thence along the North line of said Section 36, North 89 degrees 24 minutes 44 seconds East 50 . 00 feet to the East right of way line of Airport Road (C-31) ; thence along said right of way line South 0 degrees 42 minutes 05 seconds East 631 .24 feet; thence North 89 degrees 21 minutes 02 seconds East 409. 98 feet for a place of beginning; thence North 0 degrees 31 minutes 58 seconds West 215 . 00 feet; thence North 89 degrees 21 minutes 02 seconds East 200.00 feet; thence South 0 degrees 32 minutes 58 seconds East 215 . 00 feet; thence South 89 degrees 21 minutes 02 seconds West 200. 00 feet to the place of beginning, being part of the West 1/2 of the West 1/2 of the Northwest 1/4 of said Section 36 . i J ✓ f '4 l � F h i 1 l { R .. + .ms`s File No: 160-99-0224 I DD Fo`- 15. 00-C-) 00966021 196SNOV -4 1,19 8:33 COLLIER COUNTY RECORDED warranty Beed (STATUTORY FORM—SECTION 689.02 F.S.) (9h15 31ili lFIlIt 1rt, Made this v4 day of October SUSAN A. ZAISER, a single woman of the County of DADE , State of FLORIDA This instrument was prepared by: GEoROF. F. HERO C:1 COMMC RCIAL BANK Or KCNDALL BuIL7biN G -- 0603 SOur.I D.KIE HIG-. - S -1E=0 MIAMI. FLORIDA 33143 O 0 T 7r, IV 19 B5, iirttnrrn grantor', and TAMIAPII FORD, INC. whose post office address is 4075 N. Tardami Trail, Nanles, Florida 33940 r= 0 of the County of C O L L I ER State of FLORIDA grant N t� w Witnt9fift4, That said grantor, for and in consideration of the sum of TEN AND N0/100 ------------ t"t1 ----------------------------------------------- ($10.00) ------------- Dollars, and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof it hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in COLLIER County Florida, to•wit: The West I of the West i of the Northwest 4 excepting the South 2005.80 feet thereof; excepting the West 50 feet thereof; and further excepting the following described parcel: Commencing at the Northwest corner of,,.Section '361.T49S, R25E, Collier County, Florida; thence along the North line of sait9 Se# f.dn $6 14',9§0-24-44" E 50.00 feet to the East right-of-way line of Airport Ro' L �j;•ihence"alorto-said right-of-way line S�42'-05" 631.24 feet; thence N 890-2`1' Q2t',":E' 1109.98 feet for a" ,'Ia�cg of beginning: thence N 00-32'-58" W 215.00 feet; `thanc�'W 890-21'-02" E 200,feet; thence S 00-32'-58" E 215.00 feet; thence S 890-21"'•`02" W 200.00 feet to the 0 ace'of beginning, being part of the W } of the W } Of the,,`NW:-J7o`F' sal,d Section 16, and "subject to a road easement over the South 30 feet and over the EAst-.=40 feet, I6"5S clion 36, Township 40 South, Range 25 East, Collier County, Florida ,- SUBJECT T0: 1. Conditionsattd restrioti�Tts,of t>rr nyp,'�but my such interest that may have been terminated a+re ncii horeby reCmppse s b'ec ¢ ppltcable zoning ordinances, taxes and assessments efor to year ,1985 andbs t�e ll r and said grantor does hereby fufly"Ydrsrrdnt the title to said land, persons whomsoever. against the lawful cloimt of all "Grantor" did grahsee" are used for singular or plyt'i,#,- 81-tphlexl requires. n Wiinrso Whrrrnf, Grbatd,r sas.hereunto set grantpr%ii. d dnd,4eal the day and year first above written. i ne sealed an delivered lin our presence- t 7TH (Seal) (Seal) Received $ Dracumentory Stamp Tax (Seal) Collier County, Florida (Seal) STATE OF FLORIDA. — COUNTY OF DADS `.: , ) S I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared SUSAN A. ZAISER, a single woman, to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that She executed the some. WIJNESS my hand and official seal in the County and State' ast foresaid this N4 doy o October, --� IISS � � �V"" My commission expires, ! Notary Public STATE OF FLORIDA AT LAME ROTARY PUBLIC STATE Or FLORIDA I,Id:.S'�•i�'.�., RY C00I55tON EXP. NAY 9, I900 " �`• ' 80NCCD HOU 60KRAL III''— U, D% • •�. PALM BEACH OFFICE: MIAMI OFFICE: 4889 LAKE WORTH ROAD ' ' �•"°'^a : ,;; S�; sum 300 r• • ^ .. COMMERCIAL BANK OF KENDALL LAKE WORTH, FLORIDA 33483 ,.,�I� ,�Y,�:.;• 1-13061439.7310 860.3 SOUTH DIXIE HIGHWAY MaotleO m v..Irl MIAMI, FLORIDA 33143 / M orw and F(3051665-1766 WILLIAM CM I k Z;.J, UA Cort hof CIM,11 Coad OWN DAV 1 D S O N F w Gd.davidsosonenginF � eering.com � � www.davidsonengineenng.com 4365 Radio Road, Suite 201 • Naples, FL 34104 • P (239) 434.6060 • F (239) 434 6084 Collier County Growth Management November 17, 2016 Attn: Client Services 2800 N Horseshoe Drive Naples, FL 34104 Re: Tamiami Ford (DRD) PL20160001391 2"d Review To Whom It May Concern, We have included the following items for review and approval: 1. Response Letter 2. Site Plan showing extent of deviation request 3. Ordinance 2004-72 4. Ordinance 1996-66 5. Property Card Information 6. Attachment "A" — Narrative, Justifications and Evaluation Criteria 7. Building Permit 77-1189 8. Building Permit 87-1845 9. Building Permit 99-101254 10. 1985 County Aerial 11. SDPA-2007-12319 Approved Landscape Plans 12. SDP -1992-080 Approved Landscape Plans We offer the following responses to comment issued October 31, 2016: Zoning Review, Daniel Smith 1. Please provide existing SDP(s) or any other backup material (prior Code language, aerials) that shows the deviation area met code prior to changes to the current Land Development Code. Response: Please refer to the Building Permit information and 1985 County aerial that has been included for your review. The existing building, on the site for which the deviations are being requested, was constructed in 1978 and the Architectural and Design Standards were not adopted by Collier County until 1996 (Ordinance 96-66). Additionally, said Ordinance was later amended in 2004 (Ord. 04-72) at which time there was language specifically adopted to address the requirement for the additional screening and landscaping for commercial developments with overhead doors, located on a primary facade. Furthermore, a Type "D" buffer was required at time of construction along the eastern perimeter and a Type "D" buffer along the southern perimeter; both buffer provisions preceded the additional screening to be placed within their bounds at the time. Please refer to the enclosed landscape plans, approved with SDPA-07-12319 and SDP -92-080 for further confirmation on the previous landscape requirements. On the site plan show the extents of the deviation. Not sure of the deviation limits. DE DAVIDSON ENG I"EER ING Response: Please see the attached Site Plan showing the extent of the deviation request. Architectural Review, Peter Shawinsky 5.08.08 D.8.a Required screening. One of the following screening methods shall be provided.; i. A screening wall, with a minimum height of 6 feet measured from the centerline of the adjacent roadway, or; ii. a landscape buffer achieving 75 prevent opacity within one year; b. Exception. Overhead doors utilizing framed transparent glass panels covering a minimum of 75% of the door area shall be allowed on primary facades without the screening required in LDC section 5.05.08 D.8.a, except when used on loading docks or receiving areas. Doors facing one another. Overhead doors facing one another may be treated as interior space, provided that: i. The buildings meet all other requirements of LDC Section 5.05.08 and; ii. The distance between the doors facing one another is no greater than 50 feet and; iii. The view of the overhead doors is properly screened from the street. Response: The purpose of this application is to request a deviation from the required screening. It is the developer's intent to demolish the existing building and rebuild in the same location. Please refer to the Building Permit information and 1985 County aerial that has been included for your review. The existing building, on the site for which the deviations are being requested, was constructed in 1978 and the Architectural and Design Standards were not adopted by Collier County until 1996 (Ordinance 96-66). The request for the deviation within this application, and its justification, is predicated on the evidence that the prior development met the code at the time of original development. Based on the criteria for the DRD application, if the applicant can show that the original code reference intent is being met with the redevelopment of the project, a deviation can be requested from some of the current code requirements. Changes to the code, between now and then, would make the redevelopment of the site difficult and the proposed design would suffer due to those changes. Landscape Review, Daniel Smith 1. Per the meeting on 10/28 please show the limits of the deviation. Response: Please see the attached Site Plan showing the extent of the deviation request. County Attorney Review, Scott Stone 1. Provide detailed responses to each of the criteria under LDC section 10.02.03 F.7 Response: Detailed responses to each of the criteria under LDC Section 10.02.03.F.7 have been provided in Attachment "A". DAVIDSONDE ENGINEERING 2. Please explain project enhancements to offset or minimize the deviations. Response: The request for the deviation within this application, and its justification, is predicated on the evidence that the prior development met the code at the time of original development. Based on the criteria for the DRD application, if the applicant can show that the original code reference intent is being met with the redevelopment of the project, a deviation can be requested from some of the current code requirements. Changes to the code, between now and then, would make the redevelopment of the site difficult and the proposed design would suffer due to those changes. The remaining architectural standards provided in the LDC have been applied to the project with the exception of what is being requested by deviation. In essence, the prior building did not meet the intent of the current architectural standards due to them not being in place at the time of original development. The redevelopment of the project site will apply a better architectural theme that what is currently constructed. 3. Please provide a list of all shareholders of Tamiami Ford, Inc. Response: Please reference the attached Disclosure of Interest included in this resubmittal. 4. Please revise your proposed deviation #1 under Project Narrative and Deviation Justification Summary, as follows: A deviation from LDC Section 5.05.08 C.7.a, which requires that overhead doors must not be located on the primary facades, unless there is a screening wall with a minimum height of 90 percent of the overhead door height or a landscape buffer achieving 75 percent opacity within one year, to instead allow the subject property to be redeveloped consistent with the landscape screening regulations in place at the time of the original Site Development Plan approval, [insert project number]. Response: Deviation request #1 has been revised as requested. 5. Please clarify your deviation #1 justification --are you trying to indicate that there was no "screening wall" requirement for overhead doors on primary facades at the time that the overhead doors were originally installed on the existing building? Your justification only indicates what the required landscape buffer was at the time of the prior site plan approval --but that is a separate issue from the screening wall requirement. Response: Deviation #1 has been revised to further clarify the justification being requested. 6. Please rephrase your Deviation #2 request under the Project Narrative and Deviation and Justification Summary. Rephrase it similar to #1, "A deviation from LDC Section 5.05.08 C.2, which requires ... to instead allow..." Response: Deviation #2 has been revised as requested. 7. Please clarify your deviation #2 justification. It appears that you would like to be permitted to use only one of the 5 design feature options instead of the minimum 2? If so, you've only provided justification that the glazing feature should not be required --however, what about the other 4 design feature options? Were those requirements at the time of the original site development? DE DAVIDSON EW G I " E F R INC Response: A deviation from the site design elements on the east elevation of the building is being requested. Please refer to the updated Deviation and Justification Summary for further clarification. 8. In accordance with LDC Section 1.02.03 F.1, please explain how "the passing of time has rendered" the subject buildings/structures/site features nonconforming? Response: The request for the deviation within this application, and its justification, is predicated on the evidence that the prior development met the code at the time of original development. Based on the criteria for the DRD application, if the applicant can show that the original code reference intent is being met with the redevelopment of the project, a deviation can be requested from some of the current code requirements. Changes to the code, between now and then, would make the redevelopment of the site difficult and the proposed design would suffer due to those changes. The following comments are informational and/or may include stipulations: Applicants who are converting a paper submittal to E -Permitting must resubmit complete sets of all plans, signed and sealed, even if they were previously approved on an earlier review. As a reminder, all documents that are required to be signed and sealed must be digitally signed and sealed when submitting through our E - Permitting process. On the cover letter please identify that previous submittals were done through paper and that this submittal is by E -Permitting. Also, identification of the changes in cover letter (ex. See note #23 Civil Plan Sheet 4) improves the efficiency of the resubmittal review. Response: Acknowledged. • When addressing review comments, please provide a cover letter outlining your response to each comment. Include a response to completed reviews with stipulations. Response: Acknowledged. • Please be advised that Sections 10.02.03.H.1, and 10.02.04.13.3.c require that a re -submittal must be made within 270 days of this letter. Response: Acknowledged. Should you have any questions or require any additional information, please feel free to contact me at (239)434.6060 ext 2961, or by email at fred@davidsonengineering.com. Sincerely, a Fred Hood, AICP Senior Planner DAV ! D S O N- E N G I N F F R ! N C' 4365 Radio Road, Suite 201 • Naples, FL 34104 • P (239) 434.6060 F (239) 434.6084 www.davidsonengineering.com Collier County Growth Management Attn: Client Services 2800 N Horseshoe Drive Naples, FL 34104 Re: Tamiami Ford (DRD) PL20160001391 3rd Review To Whom It May Concern, We have included the following items for review and approval: 1. Response Letter 2. Attachment "A" — Narrative, Justifications and Evaluation Criteria 3. Disclosure of Interest 4. Updated Site Plan 5. Updated Landscape Plans 6. Updated Architectural Plans 7. Email Correspondence with Records Department and Scott Stone We offer the following responses to comment issued December 21, 2016: Zoning Review, Daniel Smith January 6, 2017 1. Please provide existing SDP(s) or any other backup material (prior Code language, aerials) that shows the deviation area met code prior to changes to the current Land Development Code. Rev. 3 Please make corrections per Meeting on 12/15. Response: Prior building permits and prior code language was provided on the last submittal. Corrections requested per the meeting held on 12.15.16 to the site plan, landscape plans, architectural plans and Attachment "A" (Narrative) have been included for your review and approval. Architectural Review, Peter Shawinsky 1. 5.08.08 D.8.a Required screening. One of the following screening methods shall be provided.; i. A screening wall, with a minimum height of 6 feet measured from the centerline of the adjacent roadway, or; ii. a landscape buffer achieving 75 prevent opacity within one year; b. Exception. Overhead doors utilizing framed transparent glass panels covering a minimum of 75% of the door area shall be allowed on primary facades without the screening required in LDC section 5.05.08 D.8.a, except when used on loading docks or receiving areas. Doors facing one another. Overhead doors facing one another may be treated as interior space, DE DAVIDSON I NG 1 CJ E:ER f N C, %_ provided that: i. The buildings meet all other requirements of LDC Section 5.05.08 and; ii. The distance between the doors facing one another is no greater than 50 feet and; iii. The view of the overhead doors is properly screened from the street. Rev. #2, Deviation 1: 5.05.08 D.B.a Overhead Doors. Staff does not support the deviation for non-compliance with this section of the LDC. The architect designed a code compliant building that was approved under SDPA PL20160000873. Alternate and enhanced landscape treatments appropriate to the use and function of the building were not considered. Sufficient justification has not been provided. Response: Per meeting with review staff on 12/15/2016, the applicant and staff have agreed to the provision of a Type D Landscape buffer on the along the eastern property boundary. This buffer will be enhanced with Type B Buffer planting materials but will not require additional screening of a wall or fence. The buffer width along the eastern property boundary shall be 10 feet wide. 2. 5.05.08 D.2.b. Design features. The design of primary facades must include, at a minimum, two of the following design features identified in LDC section 5.05.08 D.2.b., one for buildings less than 5,000 sq. ft. Deviation 2: 5.05.08 D.2 Primary fagade standards. Staff does not support the deviation for non-compliance with this section of the LDC. The architect designed a code compliant building that was approved under SDPA PL20160000873. Alternate and enhanced design treatments appropriate to the use and function of the building were not considered. Sufficient justification has not been provided. Response: Per meeting with review staff on 12/15/2016, the applicant and staff have agreed to the provision of an awning to enhance the eastern faVade, and a Type "D" landscape buffer along the eastern perimeter of the property as design enhancements. Landscape Review, Daniel Smith 3. Per the meeting on 10/28, please show the limits of the deviation. Rev. 3 Please make corrections per meeting on 12/15. Response: Acknowledged. Please see the revised master plan illustrating the limits of the requested deviation. County Attorney Review, Scott Stone 1. Please explain project enhancements to offset or minimize the deviations. UPDATE 12/13/16 --Based on your response to this comment, it appears you are not offering to provide any project enhancements. If you are providing enhancements, please make sure to list them so that staff and the Hearing Examiner may take them into consideration as part of their review. DE D"IDSON ENC iNEc2 t NG Response: Per meeting with review staff on 12/15/2016, the applicant and staff have agreed to the provision of a Type D Landscape buffer on the along the eastern property boundary. This buffer will be enhanced with Type B Buffer planting materials but will not require additional screening of a wall or fence. The buffer width along the eastern property boundary shall be 10 feet wide. The applicant and staff have also agreed to the provision of an awning to enhance the eastern facade as a design enhancement. 2. Please provide a list of all shareholders of Tamiami Ford, Inc. Response: Tamiami Ford, Inc. is solely owned by Robert T. Zellers. Please see the attached Disclosure of Interest. Please clarify your deviation #2 justification. It appears that you would like to be permitted to use only one of the 5 design feature options instead of the minimum 2? If so, you've only provided justification that the glazing feature should not be required --however, what about the other 4 design feature options? Were those requirements at the time of the original site development? UPDATE 12/13/16--I understand your rationale regarding the 4 design features that require glazing, but what about iii (Covered walkway or arcade)? Was that a requirement at the time of the original site development? Response: As noted previously, The existing building, on the site for which the deviations are being requested, was constructed in 1978 and the Architectural and Design Standards were not adopted by Collier County until 1996 (Ordinance 96-66). However, to address architectural design enhancements, the applicant and staff have agreed to the provision of an awning to enhance the eastern facade. 4. 1 would recommend providing a much simpler Site Plan that depicts and labels the areas affected by the two proposed deviations. The level of detail in the Site Plan you provided may complicate and potentially delay staff's (and the Hearing Examiner's) review. Response: Acknowledged. Please see the revised master plan illustrating the limits of the requested deviation. 5. COMM 99-101254 does not appear to be a valid permit number. Can you please confirm the official Collier County building permit number for the plans you provided (dated 12/15/99) that show the overhead doors? Response: Through coordination with the Records Department, and further research, there are no plans associated with the very original building permit from 1977 for this site. The earliest building permit that could be found that shows the overhead doors is 99-101254. Please see the attached email correspondence between the Records Department and Scott Stone. The following comments are informational and/or may include stipulations: Applicants who are converting a paper submittal to E -Permitting must resubmit complete sets of all plans, signed and sealed, even if they were previously approved on an earlier review. As a reminder, all documents that are required to be signed and sealed must be digitally signed and sealed when submitting through our E - Permitting process. On the cover letter please identify that previous submittals were done through paper and that this submittal is by E -Permitting. Also, identification of the changes in cover letter (ex. See note #23 Civil Plan Sheet 4) improves the efficiency of the resubmittal review. DAVIDSONDE Response: Acknowledged. • When addressing review comments, please provide a cover letter outlining your response to each comment. Include a response to completed reviews with stipulations. Response: Acknowledged. • Please be advised that Sections 10.02.03.H.1, and 10.02.04.B.3.c require that a re -submittal must be made within 270 days of this letter. Response: Acknowledged. Should you have any questions or require any additional information, please feel free to contact me at (239)434.6060 ext 2961, or by email at fred@davidsonengineering.com. Sincerely, Fred Hood, AICP Senior Planner /4o` / A9 mW331U li �wnraa yn �sxoumos elHro�raa - �a ° Qom?+ a W �,2 NVId 3116 M31SVW ONOd IWVIWVl o o w � o Z - � izr�Z�o os a o v s w =po pa=m g�:powa w w co - N WIo FBI oto N o iso = o} Y o o W w N j ;�w x asuz�p i>" W o gGL"ug� �`��'� Z m'<L 5 fn �b�z gds o o ',JNik 33N1'�::` N` I)CW $' °z U � U"o B.. ... ._.Was , /Zw �. ... c a x U /� J z° N two 7 .. Q O oho ci LL u~—i a w j? ti Z _.. DEAN STREET s. .. _ . .... 60'R.O.W._ e m w '1' . �® I�AlMUMgm_ eR�� mral��ill�1! � Hot MH i }( � {\\ : j\ \ � \ !#! }! /\ � all 1 im! ma Hill I M i � � {\\ : j\ \ � \ !#! }! /\ � � /^14N " E C 5$ S¢ =S E $P "Eyki $ -.: ym.g�nfre��e8oeye��'. 9�age� a g�P a ^�yEfrS g S f gsoi��o E o➢ i x� p88 ;asp °' F «as�u�o�ioa= s�k��s N F z D N J C z s= 6 -p 0 > O gg 8 gtp « o fit ctl�o 0 a 0 z Y Q fr i O$�E Aq n a a N $E ff " E C 5$ S¢ =S E $P "Eyki $ -.: ym.g�nfre��e8oeye��'. 9�age� a g�P a ^�yEfrS g S f gsoi��o E o➢ i x� p88 ;asp °' F «as�u�o�ioa= s�k��s N F z D N J C z s= 6 -p 0 > O gg 8 gtp « o ctl�o fr i D MUD w�� 5 g ff 'o " E C 5$ S¢ =S E $P "Eyki $ -.: ym.g�nfre��e8oeye��'. 9�age� a g�P a ^�yEfrS g S f gsoi��o E o➢ i x� p88 ;asp °' F «as�u�o�ioa= s�k��s N F z D N J C z IE s i S��p pe g E: L�Eg Edi EB �OyE E�'p`yy�g$�a8na sE`4�ssegtig�y2Sy���siF�« Sy J s= 6 -p 0 > O gg 8 gtp « o ctl�o D MUD w�� 5 g ff IE s i S��p pe g E: L�Eg Edi EB �OyE E�'p`yy�g$�a8na sE`4�ssegtig�y2Sy���siF�« Sy J s= 6 -p 0 > O gg 8 gtp « o ctl�o N N 0 ca Q W 0 i z 0 H Q E x£ $ -� `IIE;§ s 1`g o sg< a ran ; S ^° r m� gs DLLs n n€m°G — ° ;gs.e E8-a�,9E>zbf a iist iii 5 € fraaE"egs" R < ja 2aPEn a e�$z<-f sgt �s s EeB .i&`:$ i e-5zaxg®ALL � ��"xEe" ax".aEa ayE, =fizz g a�'� $ nal ='ga �isrs`�.iaE vE.. sa moo gee2m �n- °N3 133HS a3n0�aq„ ggg p � 3� v is 311LL 133�fs NO NOS41A`da mz 3115 Mgr Z .e wnvn° °noumos alHsaaivaa a's wU .�®N°`� 02104 IWVIWtll SNOISN3L =3� N tO in` m u iii 310 aurum ro so $ a o C7 co a h a tf w Z o o m e 2 Q Q w w j J 8 Z 8 z m J on< ❑ yy u) rc ¢ a w (D co Pw a< a m W ani J j 0 Z F n O Z W rc F 5�� 5� fn p' $ m S �sj a F oW WEU $a� za m LL C i 0Z a a O Z W R U'1.i Oo E y LLI �LL 41g �y N V i a Z Z Z Z m N Y2 �' Fd 2p k 'Z zsS ❑ o LL w n u a n J wo �nbm LLm55 g� ISs Nlb O� p LL gy z w �z ga O w i w a Q z o'. o W 91. o 0 o rc a rc o® J N a 8€ j g o a;- ayyyy V W Z w U f N K R J W a F -1 W w Q» Z D a W j 0 U(=.1 z rca Q?�poww Hz�w �nN$:�s o!rco WWF` U¢ Y r- o i�allo o g° C ow a o v z >ao zm mN ^ �¢ Eaw <Q " w zw o o1 O o R o 8 s 8. 8. 8 8 8, < oom �° � �� m �ap� C:) ry ry�,a LL4g� O gg<g 0 0 0 ti o o v ti v ti u o o g g R O g g Q LL O O T— C) J wa O W Lu O Za p a m a J U') > O �� g _� �_ �Q (%� N W LL a 0 Q l W ❑�JW LL e w Z Z w favi ; 0a: Q Qo Q<_J s O NQ Qa Q �Z ❑ g= LL O ° oLL LL J Z 0O > o z W 0)z � � � o Q. O J 2 U U J z Cl)� J N Yc O L I Z W N C Z W � ::j O O 50° O ~ �� Q U O Dz0 as M LL 000 LL# �z ° N 4; ° z O w a wy { v W U a =�W ; LL1 w �a L� O W LU J =(x \W rn a W 0 m � p W_� X83 5m8� w $w e'Moq G � � e=N �s to5zp�a.: G- z ❑ W. E go=g ob _ S°pgsog N ao Emw �8 g 008 s a 11*� o �ro my .e H+, ,e mr+�Y�ma s an'a�oum sla s'tinvea 8310N1di13N3�J N MOSa OINdNl`JNO3 $ rz�a o w 0210 IW`dIWVl sr+ois�n3a x a3> _w LL mgt aoU - - •3 - �o "llry_ z3pw �� 4 owm - 'L1(� X. we z - D 'off -03 ago - =s Q - a a _ wa �� ¢ w�_ z _ �, D ow o�� f ooh=p" D3N, o - - �o�w3 .z2 _ w< w mol w - & `gz W nzi Q�vW3 fA g��un 0 0 Dj3o �w�V of m a U Q��� w _oo�oa�s _ nQ, C9 -- - ZZ.Z� ZE 3 _ 3wn - �- _Z- - 030 ¢3Z' - _ - _ ox3�0 zz- v 3z� vwioao - zr;a g� j w3 r _ wa Fna "z - V n0 w aZ - z moa Zr¢ 3 < - Oin m�ww '^o poi Zo w� uv�i vii as ap.�.iz� ¢o¢ - Z daz ¢3F �ww�^Nw N ��- - rc K O- 3 z ¢ gOw zo3 �m� F> -_ o oawzUOFoi�w O - 3m -d LL rc �d< W- Zm W; 3 wc4ii - oo m� Ns�wZ rawm2 wO�pO �p_z�p Qom _ H _ _ o J F U zz wz~ 20,59E O¢w JOO�` _ J3 _ z�UU"m —Z _� 2 ¢ wo Q Z wn 300 03 ���o L20wr _LLO - a r?<Ooz _ i� Via. z - Q Zro wODU - - N ci - So�O kg.--a �_•Um-.w EFSom -o68m Owa noow_w�WE4 ZZa ~xwSaV3Fv� - _ d - - FW�mDpaoNom JaooF oZn ¢�0 worc�Zz - __- mwo0o'n F 'z 03o 3�oonmp�mR"3�3ry�o _ oZo-a t+� o _ rc�N��Qoc�o- ogtt¢ww -_ ¢3o3�Wimi�rv�w�LL OZ V~Z Oz _owa g -z 75111 _3 ma���4o3o�oa gnaw-3 coiU3moVV=m�D�c GrcnVo x� nLL��nVm�mzO<�202m¢OrcOm oo�o�ww _ _ __ H w _ �3DrcTi _ z. - O LL >ci _- 3003¢ aZ - - - p3vOmi o00 Ho SwS - z. - - N� ON3SON Z - O ON 30 ;�oY�j<ou ti - J V01 0 -zOo J��-QW - opzs 3 who voig - -z - x rcJn3-0 = _ w _ _ O woa_ n6z z¢�Zaz 4w wo, m-, �-Ci33mwNpEn a� - - rn w wmrc��o _ _ 03m ¢n¢ d��03iz��.3 ap=ao -- w� a�3��0N�v~ip �`O4a�aoOwr�aw aO rc Vd3dw WZm=FmFFZO w�Q N ¢�� _rcwOoo Zoo30ix��a�rci - - - mw? �nZ woaaa� ¢o wawPHz o F-_zmFwa - _ 03 c�wwo�n - pZ o3oj;c�ip Q w'zM -opm0wrcz-oQaoW� at'o J No�o Z;o =�w -- OuppmOo<v'oy vi AZO ZOoagno- 4n gEd��aow2 rcO¢m _ tt�o -3�r__ Z Oa�-� OttD¢wr _�.oV LLU Oen �-rcU D_¢ m�-�mD o'¢'.o." Q N D a n ao n m /10'1 �1 o��pNol ox, m NV -1d ONIatl310 :. § o (INV SNOUMN00 ONUSIX3 g o 3i 5 'JN N33NI�N3 .a. NOsa,A c3 aW z .e x++ �n'sxaumos nxsaa� $ i � ONO IWNIWVlu,[:w V SNOISIn3a �3: y 21 _ s W -z aoeo uw o ewg�ow UP%_ w 1p= g b os8��"o J o H o bg a o Tw z _� g €p w a ww m z x w� �_� z w o > z x o €s o r a co R ogR�Wa _ _wwo .222- sw�Q LL �wFE �a o =o= w p z sy�HNo U d0 0 p w�zjw� ff8 8>ga�E 6 z�s5z f F s=iap=�&�� _ b@�<-`w&1� �z��;w'wz„ "ay' 4LL>u :°� tl��Iw�z Q o 0 pp €` � o - g €`� aiea � �p�s aa'¢ m= <� € w Q O S�$3$8y >Y .6 Q 2 m D H w zk' ��'8�p i34 ffzz':E �J `�,w z ow;� fl O > Noo�g p€ _6 > w �� a�8 a w°� '�g�ao�waee J� LU r €is PH $LL�� 83 `Ew���» s� ; y aa,<asco w 1 w a3 aw £� ��s z a nmLL=o��e�� ooNam X 8��.3.c���'$RSffiooa 8 0 e 5 5 w o w $ r m I 7 - -,� z -w Q p- sa �� —oHE— -- --3H — J gyp° F O - oHe- ----- --- I z —OHE— —3R0 —3H0� II :-wHE-Q--- pEAN STREET ^� I -------T=_a=---- -- -------------- I L______________ 1_�_____ L --- JJ______-_ wOry �� qui mZ ,I J I I I I I I I I 1 j l I I I I I 11 I I I I I N I I &n 11 I I I I 1��4 I iF-; I I I I I 1 11 11 I I I i 1 amour no I I I I I I I I I I I I I S I-= tl 11 � II II II II II II I I I I I I I „�JIIG �1 L______ III I 1 I I I I 1 I'IN-= m-M �n �JIL=I=—�, ............ 14— A �I I I I I I I I I I I acl o I 1 I I I I I I I I III UI Iii.. >>"" t . ' >>>> >>>>>>>>> 1€ >' ">>>>> >>>>>>>>> i- iy >>>>> >>>>>>>>> >;. >>>>>>>> 1g >>>>>>>>>>>>> ' 111 al 11 >> II I1 P .>>>>>>>>>>>>> SII 115 I w I 1 y11 I I Z I I r VIII I II a�Tj�l ----�I I Jm�l n µ ----c,w---- r SII li 4 1 rear pmwec.d '_� O 77NHId 311S LI3ISVW lltRi3A0 .,®ate 33Ni`Ji NOSOIAVNO z N o,'i•aoumos dxsua)rao $ ; �:..% 0210] IWHIWtll swwsln3a ®�' Waa � a= wma� f - _ Z �z,. L wmwww=oaw W o - Q a No po � N r o _ w LLo 6w= yW wxa'se LU z z " z =F�o s=,zpo=�3= s wa Wli z 3' .-- -,-a W pI,; 3 z �F =� F IL 2a LU�: x O x�� F wap �'�=w imws Z tNaz� LU 4 N O �ma<"Q O io8 Z - z°` Z .ou9m -- -- Z po sw� z sago==ommza'<Faea g oomm - o o LL o�w p� w- ,�m,W_s p 2 m " co z a o < , o� Z - „„, -^- --_ __ —=-moo ---- ---------------- , hny_ _ _ &t1Y �.0. E� � L - _ b b nT� n — t, ♦I - - -;1 l r 1]5.5' 6B9 �• I � X26 4 �� I• d 'fi” w9 oY�'"G r o .V > ---- --------- w --------- ---- ag - 54.0'—� �o t;X �E 77 t d r r r a --F i �-T --E is � ' � i F -�- pP l PIm ®. . , I , > ro F 4S q9itol G asz U F. - rp/mx/ni } 2� 11 j�/�A/- 1 o________�ou��! Z �3 r) --.--- - - �g _` --- LU -1 , `�+ mllfyy`- d '�;°r„✓j;/j�/`//'//�`//�—,r-y7//`',//i//��j/!`/XI i dj 1 �' _ _ .� W I,o _,i�`�,.. - -------------- ----------------------------------- -------AW-ORT ROAD NORTH------------ I (PUBLIC) ____________ 100' R.O.W. ---------------------- r) --- `�+ mllfyy`- d '�;°r„✓j;/j�/`//'//�`//�—,r-y7//`',//i//��j/!`/XI i dj 1 �' d�,lY1 I,o _,i�`�,.. - -------------- ----------------------------------- -------AW-ORT ROAD NORTH------------ I (PUBLIC) ____________ 100' R.O.W. ---------------------- r) a NVId ONIdRl1S ONV 311S U31SVYY _ l3 1S 3uu 133a5 `JNIL 33N1`JN3 ie NOSaIAt/O � �� an'sxoumos a xeu3ivaa S �� � V mr ONOd IWVIWV-L w '.�a m'mYrs3o ,7& y SNORN3tl H az wio °orco - Z w ova o0 03 0 - a W yo �a- a��Yg` 3 0 p 3 s„o„a comm Q o � a LU p 3 c i o w a z wpodppm�=N pao= d �o y a WI' a e o= =wap w�o aopopo m X N - m=m=wa=w� o000 = W=} W w ��==:a3:op a o z moo a e s a z o°=wa€www - to a<„wsama Wim- o o 3> j a z w =,w a o �o w w ��.�«<m�o ���.�._a- <� p oLL w _ u amp _ m m ���o _< oad 4j -N 0 0 0 o w 0 z-------------------- of a DEAN STREET W � 60 R.O-W. s ji _----�-- --- -----m1--- ------------ ------ ---- - -- -- -- - -- -- -- --- { �I I I L ------J--------- pd I Yl °• 1 x� �. I 1 Ir O G "P” Iia .2. - I I oQlylYg � R. € I• I Mlmoe3--� �I i ii ipw Ik li a$� I,� i• kR • w�o� I I w��� oe � I I a z 'ate sg .. m �Ha o I zzJ . I U i g h �I Pg e a ae I I � cl nil R A -------------- In Imp - ' I' �i8 ]” sola _ - I I I I I I i I II i i I i i ii �' � '•�• - • �� n &�i ull sa I I I I I I I I I I I I I I I � ®'.,' -� •, � •b'` I I I I I I I I I •� � a� I tl �YG I awlI Q BBQ lu t za •. . 9 m.,l II 1 II�� Call, �3 ° �•`.'I NibM306 eottd: {�, ,g W� f'T"1" I LI J L-��I 4�: A• I li li r I ISI li Iii--� �I lil teI � I- , ��_rJ nll III 0 v>b� I Ns aha � 4 ” vLL wo�%'�r �,� �g g� _ �.. �: E, Il 16,• �' Ild lom tt9� � F LL F I!■y�1 `4Ca F2 r. a - � pp W I - �Y N G, 'ui I I sm a � I 5 I I a I I E m m I I I � �^ _ III I- -L� _1S- INoL- 1 _ _ • I�� A F 3 r, —lll I� --= W w p,- I Z&p� =- - - � NVId JNNNVd 83WOlSf1O 1i 5 `JNiti 33N1`JN3 NOSOIAV(3 .e wnvn° °n �sr�oumoc mHca3ir3° 080=1 IWVIAVI N O ON ?U ______________ __----------------- ----------------------------- ARPORT-ROAD MORT i------------ ___-(PUBLIC)------- -------------- -- -- — --- — 100' R.O.W. ) z� ozo�� w Lu Lu ❑ w Lu W �zWp.1w p'<�r"aa u, n O pY ps Z W O �3` 'Zrc�`3 a oaw Z o � ` o S - =G Z . Z oF__`���mC�awWwP'<w� � "' f � � a Z L� a w er O ao�o�����m t Lu ul N 3w O o 8LL8 Amo -fz-; o o t _ < N z <`�--- ---Aw---�'-------- - ------------------ -D5pfj3jREE,L (PUBLIC) 0 m I ______________ __----------------- ----------------------------- ARPORT-ROAD MORT i------------ ___-(PUBLIC)------- -------------- -- -- — --- — 100' R.O.W. ) n rI IE 11 O a ` � NVId ONINOVIdl 310I143A AB mN13HJ 3LLL 133N5 9fJ Ia 3_NI'JN3 ::g O 3 Yam 3,3d u NOSaIh`v'Q an 'sxoumocaiasanr3a 3'"L r(i OLIO] IWVIWVl s Oisin3a r�00�M00 a W N J U () IM O = 7 O O N w a EO LL a J=i0] los w--- O Z 0000]s ❑ O�O� usx W w000�F-w� � Z'. . ' W' 3 a J d Z co i - IYY _ (PU -------------- ,a I - } I - I T r r- _--- i 4`--------------- I I — n rr r J i d %F B" oo - --- Z # v >� C� Ji i a p ✓ ( - - -gid- /X N, I - � FS/R. I MR/W I M —--=`=------ -- -___ ____ ___ ____ ___________ _____ __________ __ ___ ___ __ _ __ -------- ---- 11 —; ------------ -------AIRPDRLROAQN ------------- ------------------- - --- -- ____ _________ ______ ,, " PUBLIC)______________________ ____ , '--- --------------------------------------- 100'R.O.W. NV 30VNIVHO H31SVIN NOSGJAVC C3NO=l lvqVlINVJ_ I I __ all] lz� H 0 z ------- — ------ ---------- - If --- - - --------------- -------------- - �- ------------ - -- --------- — — -------- DEAN OtREET - --7- -------- --------- -- 9-7 —77 icYYY lt— i 'k ---- ----------------- 'j, 5t so LL J J - lz ------------------ ----------------- ------ % ---- a `e,LA`-�--r-,-- --yIL 6`o,mo, ------------- - --------------- - ------- -- --------- . ............... H� --- T-1 FRI 'S.Or % L --va----- - Lu� - ------14-4 I ziSCI —I— A IT - ILL, -------------- -4 - 1- I- - 4 - - ------- ---- bA' +4-i"k 4-1- 4 k Ig /00') U) LU q LU 0z LU , ON Lr. w Lu o< z TR - N aWwW z' < 0 lz� H 0 z ------- — ------ ---------- - If --- - - --------------- -------------- - �- ------------ - -- --------- — — -------- DEAN OtREET - --7- -------- --------- -- 9-7 —77 icYYY lt— i 'k ---- ----------------- 'j, 5t so LL J J - lz ------------------ ----------------- ------ % ---- a `e,LA`-�--r-,-- --yIL 6`o,mo, ------------- - --------------- - ------- -- --------- . ............... H� --- T-1 FRI 'S.Or % L --va----- - Lu� - ------14-4 I ziSCI —I— A IT - ILL, -------------- -4 - 1- I- - 4 - - ------- ---- bA' +4-i"k 4-1- 4 k Ig /00') TR - lz� H 0 z ------- — ------ ---------- - If --- - - --------------- -------------- - �- ------------ - -- --------- — — -------- DEAN OtREET - --7- -------- --------- -- 9-7 —77 icYYY lt— i 'k ---- ----------------- 'j, 5t so LL J J - lz ------------------ ----------------- ------ % ---- a `e,LA`-�--r-,-- --yIL 6`o,mo, ------------- - --------------- - ------- -- --------- . ............... H� --- T-1 FRI 'S.Or % L --va----- - Lu� - ------14-4 I ziSCI —I— A IT - ILL, -------------- -4 - 1- I- - 4 - - ------- ---- bA' +4-i"k 4-1- 4 k Ig /00') A �iipio' a �nea NV'ld S3111111f1 il31SbW � ria Vr s N 0, ��� on'sxoun,as elHcuaivao as aaod 1wvlwvl - -- � p m Z N �s o- gl J ppm a 9�=F c °« Om 11 �0� _OHE—__— �m 1 0 _____ ________________O—_.___ HO ¢ I z--- —OHE—_--_ � 03 yl :_ : +---_— ___ - 'e[ J DEAN STREET w I m " o� ------ 60' R.O.W.p 8 b;- ---- -- — ---- ---- --- $ g g g �' T II I �� - - --- - -- a , —— — — — — — — ql Ifl gyp _J I I I I I I I I I Y I I -��---I--� ---� �A-r--r-r---r11--r--ry V I I I 1 1 1 1 1 1 1 n II I I I I I I i I I I I I I tll s l I I I � � II II I I I I I I MII I I I I rrrrrrrrfarTaWn• �'�\, rl I I I �� sra�n�unaa,a I II II s l I Nurra�urr�� I I I i I I I I I II II 1 ��� � I IRE I I I FIREI I I Fl%E IR zj4°!I I ' IwmIM_ rI 4-T-1 IP 1_7 �I(DIGIQP��� I ZOE I I II e 11 I I J o II „ gng F, - 9F9� LL 14---L--- L =—=� r-ru I� I �1= =---- I—III u J I I i ri I lu 11 , I l� Ip �`� A\VI .M� 8�m ig... i tou& m ;= s a 3Fm 5 PI 41 m A\VI .M� a�ipio «+r�ro SNOLL03S-SSONO •a sar `a p y 5 1J IiF33aN i:J 1J3 o a aJ NOSGIAVO paw zN on �ariaunos ai s°r�v3o (380-4 iwviwvl fig; W U SWIM �tl III=III-„� � IIII B�� F I II III I I I T” a III.�IIIIIIIIII egg a II II ITI a �� W II Nor l: c III LII= ��" a s �Y goo IIIIIIIIIII o �, �Ieg oIIIIIIIII o d=III F aR. U I Ji 11111-� w it ��� w i w ,f 3m - SII $^si - — -- IIS N 111 Il Ell & IIII gLL"I w— a ° `•VIII � 'i r'I ,rv� `IIIIfIIt III—� IIIIlkz—:=l=u e L z' IMI III- ITF=—Ti1j1 6211 -- -- -- -- _ _-I-1I I- _li IIIIIIIIIII� =� jl8 I - ----- a I l -�6 1T-- - ----- IIILfo`cY wiag. II 17T, RE -II ' zm :ILW F< III 4 F 4 F X111 `u LU I— I ! y F 3 IIIIIIII tco_ III Ilil_ IF _p =1jq g as I q�IL III -i Awa IIII Ilfri1 }11'gill l IN I I Fir , nlll i a n / SlIV1303OVNI"(Il Eau EIV �� ONV'1N3W3nVd'EJNI(3"0 Zi is 3LLL Hs0� o ----] MVr MVr Vr .�+++ �n'a�aamo�s aHcu3iraan sraisu,3a ss as =6 `s S 9 IryI�I m8� -- S z O d x o a�sa���g 3��� p aU ezb •� n - 111 ire w� R Y a m z= 0-4 ¢ 4U Omz Z 3 =`e Z EkIS b8m 'Yka L LU OLU -LIE W yy8 = w o ..H O—a�� z¢� .jai? �6� §f;e d�a IoW bF'.� 6m Mia z Q s �sl € n��o Ri AN pBe dp dle �z k' LL I I NW .S 3me ww F g4 e eE!Rs 41 _ �i®® 'or`ao Zz — 68 W i 7qZ a � cj "g Q - N Fae sa€ C7 \\ F z f Q z O �3 LU ZLu LU NZ x a J IL 8 0 0 c b o o .rid 19 LU 0 0 o N �Nd aB 0 co �W .9 co go J[ N Q o LU J9 J ul LU C7 Pzl U J� p M W J a �z 4 0 p J i � O �, z� a W o Z i i d' r3r.x z d?!$ LK 1 a ¢ Lu co W .9 ,s W NI zz. U Z •ii j Q O o U y ¢ a z kw U zx LU 1 .9 nnz rco HH3a8JINl f -Ell A"910 on'moumos dHcu3ivao ea mx�� SlMl30 0NV N`dld NOI1N3A3Nd NOLLflllOd S30dN 3 L ONOdNVIWtll £F =94 o0 <m��so'Ewed w z ion w F=� oG° osm°o°� p w oY '.8-3 �Sa �Sg�Ee to 6 LU oNNa ` t" a�p6o� - W oa a'= L.6 W pop�pip a _p =per H i io�oaw"z�o �z a x �mw omap o «p m�8om c UJ 9m 3FS o a~ m �8 QLLw IL Z n a e on'moumos dHcu3ivao ea mx�� SlMl30 0NV N`dld NOI1N3A3Nd NOLLflllOd S30dN 3 L ONOdNVIWtll £F w <m��so'Ewed w y`^o p o E �Sa �Sg�Ee pSm gg�w¢d5 go�4Wgo £'%.< a dTz K 3p, z =Y 'oaW LL C s1 NSI god tin A =1.4 gig Z _9 d W 12- LL koaN�S9rys naR�O J (A Nq,enl7s3a •G'BiA3n M 3lw rox AaYGWgB180a1 .IXI.i3b ww'Y��.IImBu•I!4V-3 roIR VOltloli'S3ldVN' ---- u.re�!ewim•.m.«v. �vaa aoNs3saoH'unos sou Lmrol - - valaoia'A1NnO0 a31T100'1SV3 SZ 3DNIM ', [,Iceueezl :xve a � 3YZ 6M q 'H1f10S 84 dIHSNM01'96 NOLl03S N1a3LV0O1SONVldO ez[zteafea)arvoa VIN era -- ASAavaNnoe ONI b 3 ,,,3„M,,, S1NVll(1SNOO� oanr NIONa visvoo ONIaG3 IONS 4 JII�SNOun-10SdIHSN3Td30 o mrw—mns " 8 M q Mpil QFw � <�7r W~���'!g°[$�+ o�i �s�25se J•dF IFS� a!ea& o>�"g1-- UP 9wJ mS LLI ffi3;;�gaHIN LLLLaw€wuo�zseo®o�� €� � Q ae®©e�ae4i��Ye•�� 1k ®Q 4m .o m _ _ �<!#€ie � 33 HIM'S u, as fill iii i€€ DEAN STREET R.o.W. 1 — _ _ _ _ _ _ _ �. � anaxrarwav g ••^^• n�mt+.aatsl LESS AND E%CEPT AIRPORT ROAD NORTH. _.. WEST 50' ....... xpuuaeaonnaau azw 'ox AWW,fgfilBOBt .y�. 'm�gla�a�l!aW-3 — 104K w1Uola'S3,dtlN �ew..Wowlmaem..,�.. anlaa aol,sasaa, Hinoseolc � tm'el irousexeal :xve nx HSNM Id 9E NOLL03 NI a3 '1Stl3 SZ 30NVH �y S" pg 'HLf10S 66 dIHSNM01'SE NOt1�3S NI 031tl701 SONtlI d0 azersre(�z):arar,a aiaua _ Aanans AHVONnos " V.�31•a S1NV1lnSN0.7 _,s, vm _ + Saonva3Nlon3rrisvoo JNRI33NION3 �'eumao 011'SNOI1nlNOS dIHSN3ld30 O3a w °A Nos lb1SF/07 ..._... d �. ..�. es.... oHE ae- DEAN TREET 60'-R.O.W. --- --- -- ----r-.---- mwloe rsrlw.r sono 30' RIGHT. -OF - M EASEM NT --- ---- ---- ' lw 4 �j a 24S a,p1 dPw:., ,,• + . I, e;f , I s gB 8_zg14S I .. en Z•� 8 ��g� Z�- %„ �w I 224Z y II I ipy r. HIM + , m� 'y j N ❑ z o?o a o L- J , 2&sr « SAW ,eaz w Ss 8y LL ig 2 �g �qLL pg m J I + W W _ N F- ' ✓ �'; , 2Z I w I O F LU U) , W _ - e, f i6 % + ' z ° I + + + I , liPl� , � I Om � � �. - '-"`: L C.(II/CRE'fEWlll( ':.•.. nN AMQYIOSl899i .�. 'tlON101i'ALNf100 tl31TOa'1SY3 SZ 30NVM 'H1M1S 9a dIHSNM01'9E N01103S NI a31tl001 SONYI d0 A3nans wm'YP�mIRmBw:EVY3 sriitie(ecz):xvd ,uz-crolszl:3NONd OHS3S 01a Hinm dYc 3nlaa 3oNs3saoH Ninos sole ttsl vw I3 wv.s �nl _ [BD'Bi nNarrr _. WC 9E —• `"" 4""'0's kavaNnos oraa33Nlorra risvoo Jll'SNOI1nlaS dIHS2131V3a sN3.3nans `JNW33NIII 3N1`JN3lWO Nb1lf1SN00 NRl33NIJN3 O� TI MM ivjJYVJ ce4I ;s+ DEAN 6TREET 60''R.O.W. -! 0°30'30"E 215.03' S M sa tyrosASPKALTNalD 30' WGHTrOF-WAY •. w fn •� y w II ! !d o M - � ; d F1 EASEMENT "' °. y , , ,,! t ,g ig'•-Rj - 11 � I 1j � y 4r_ _________________ Cit• +i _ __ ______ 1 _____o as.zrl51 _ (� ----I M ° b wM' ,y n.• 9 29% K I I y Op •4 R Iw al �D.I IiFb �� �� Y, y 1 I O N S y �r Iw•KI lip Y1 m Ilb cil 8 aD. O All, -J W aD ID N =_ .d< y, w� I - $ 1 [ ZZ m COD O �SF W' Z y •� 8 y.f y �� � ••. y, e• y ° y 6 a I J , S00°29'39"E 184.84'(5) , ti 1• N00°29'54"W 214.69'(S)I, "32'58"W !f EEi N00 215.00'(D) {s si�s soaoy� 'K C7+ ` T h ❑a • ,. 6 ilil Z a to CC e�ga0 U O W+' a m d 1 O fp M m O C i! 7D8T 9AC 14.92 ' g ! ! m •"' F = " M.T r w � sEs 06LLw y. y lily h 2 8 � 9 LU re+s� y n a y lam/ Ci Z Z tllO W W !V - ! ! III ." % O J> •a y, N... W J 0 . Z Z LL 1 Q b. Q _ uJ ss g O z w L'i 1 � as Nr D.c7cD r� ce, •• O y C9:oo d • y y , � 00o I 00 ti ti y 6■+—. _- - w' tt •' Il y. it I 80.18(8 _,_.,, a. � f%)NCREfEWNx 'y •+ S`�'. y �A. ...,.__._.___..,_,. .._._.---.. From: StoneScott To: Jessica Harrelson Cc: SmithDaniel Subject: RE: Tamiami Ford DRD PL20160001391 Date: Tuesday, January 03, 2017 11:15:17 AM Ok, thanks! Scott A. Stone Assistant County Attorney Collier County Attorney's Office (239) 252-5740 From: Jessica Harrelson [maiIto:Jessica@davidsonengineering.com] Sent: Tuesday, January 03, 2017 11:06 AM To: StoneScott Cc: SmithDaniel Subject: RE: Tamiami Ford DRD PL20160001391 From my coordination with the Records Dept and from the research that I have conducted, there are no plans associated with the very original building permit from 1977 for this site. I submitted the earliest building permit I could find, that had associated plans, which do show the overhead doors (dated 1999). Please let me know if there is something else you may be looking for. Thank you. Jessica Harrelson Senior Project Coordinator iessica davidsonenaineering com www.davidsonenaineerinci.com Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 Phone 239.434.6060 Fax 239.434.6084 Disclaimer: This email, along with any files transmitted with it, is for the sole use of the intended recipient(s). Any unauthorized review, use, retention, disclosure, dissemination, forwarding, printing or copying of this e-mail or attachments is prohibited. From: StoneScott [mailto:ScottStone(@colliergov.n ] Sent: Tuesday, January 03, 2017 10:25 AM To: Jessica Harrelson <Jessica(@davidsonengineering com> Cc: SmithDaniel <DanielSmithl@collier og v.net> Subject: RE: Tamiami Ford DRD PL20160001391 Hi Jessica, Yes, that is fine as long as that is the permit with plans that show the overhead doors. Scott A. Stone Assistant County Attorney Collier County Attorney's Office (239) 252-5740 From: Jessica Harrelson[maiIto: Jessica (a)davidsonengineering. com] Sent: Tuesday, January 03, 2017 10:23 AM To: StoneScott Subject: FW: Tamiami Ford DRD PL20160001391 Scott, Please see the email chain below between myself and the Records Dept regarding a comment you ^ posted for the referenced project. Can you please verify that this email chain satisfies the comment you made? Thanks. COMMENT. COMM 99-101254 does not appear to be a valid permit number. Can you please confirm the official Collier County building permit number for the plans you provided (dated 12/15/99) that show the overhead doors? Jessica Harrelson Senior Project Coordinator iessica@davidsonengineerincci.com www.davidsonengineering.com Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 Phone 239.434.6060 Fax 239.434.6084 1101 /0_**11. Disclaimer: This email, along with any files transmitted with it, is for the sole use of the intended recipient(s). Any unauthorized review, use, retention, disclosure, dissemination, forwarding, printing or copying of this e-mail or attachments is prohibited. From: GMD RecordsRoom[mailto:GMD_RecordsRoom(@colliergov.net] Sent: Thursday, December 29, 2016 8:25 AM To: Jessica Harrelson <Jessica(@davidsonengineering com> Subject: RE: RECORDS Good Afternoon Jessica, That permit is actually for an interior remodel. The original was from 1:977 which due to age there were no plans ton microfilm. There is a 2000 remodel that I see as well but this is one of the latest remodels for this building. COLUER COUNTY BOARD Of COUNTY COMMISSIONERS IMP,a- a-# . s J,4. tc& uATI— lqjmjq� 'SLARM0.1 ,Vt "W"P,. r$, 104UP4*40.4 191 tt..rt 34263 95MM DEMO COED DEMOLITION OF WALLS '.J;fi.5" 8C3A COED INTERIOR ALTER TIONS 19MID1587 FNCE VOID V CHAIN LINK FENCE 19"111239 MNEL COED ADD 225 AMP SERIACE 2000040692 •.0''ti 1 FIRE SPRINaER SYSTEM 20MIS53 WE SL COED TAMIAMI TIRE AND FAST LUBE POLE SIGN/W SQ FT. HEIGH' MMOCA :iiG' COED INTERIOR ` Ll.: 20MO11474 11 i PREFERRED SERVICE CUS TOMERSONLY WALL SIGN. 2001072305 SWRT Clr ! SEWER TAP FOR CAR DEALER 2MMM 1 a1 2002080011 ELSN COED Q. Ai 1`R POLE SIGN. 200208" f Q= LANE WALL SIGN. Have a wonderful day! Best Regards, �� Records Room Customer Service Specialist Collier County Government Growth Management Division Planning & Regulation 2800 N. Horseshoe Dr. Naples, FL 34104 Ph: (239) 252-2419 Fax: (239) 252-6265 "HOW ARE WE DOING?" Follow this link to fill out o CUSTOMER SURVEY: https://www.surveymonkey.com/r/GMDOPSREGMGMT We appreciate your feedback! Please send us o copy too! gmd recordsroom(Wcollier ov.net ATTENTION: Be advised that under Florida's Government -in -the -Sunshine law, information contained within this email becomes public record, unless protected by specific exemption. The law provides a right of access to governmental proceedings and documents at both the state and local levels. There is also a constitutionally guaranteed right of access. For more information on this law, visit: Florida's Sunshine Law From: Jessica Harrelson [ma iIto: Jessica (c davidsonengineering.com] Sent: Wednesday, December 21, 2016 12:52 PM To: GMD_RecordsRoom Cc: Fred Hood Subject: RECORDS Please see the attached set of plans that were sent to us for the Tamiami Ford Site (Quick Lube located at 3485 MERCANTILE AVE). The last page references a permit number (99-101254). Can you please verify that this is the correct Bldg Permit number associated with the plans? We received a comment from the Planning/Zoning Dept asking us to verify this information. Thank you. Jessica Harrelson Senior Project Coordinator Jessica _davidsonengineering com t ` Davidson Engineering, Inc. 4385Radio Road, Suite 201 Naples, FLJ41O4 Phone 239.434.6060 Fax 233.434.6084 Disclaimer: This email, along with any files transmitted with it, is for the sole use mthe intended recipient(s). Any unauthorized review, use, retention, disclosure, dissemination, forwarding, printing mcopying mthis e-mail oxattachments is Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to e public records veques\, do not send electronic mail to this entity |nutead, contact this office bytelephone orinwriting. Print Map Page 1 of 1 1985 AERIAL 2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties expressed or implied are provided for the data herein, its use, or its interpretation. http://maps.collierappraiser.com/webmap/mapprint.aspx?title=1985%20AERIAL&orient=... 11/3/2016 I 1 /'1 1. r Yk • YIP +F q 1 /'1 1. r 4 • «•a � s 41 w #.i Is y cw iM � y a�♦� #IIP # • jy fs M �{ R M r w V4 0 i« yry� V ��IP � M # V4 Iwo 0 N 'P'{ w i/lI�l! � iRME r y� V MA► M ! «y� V4 i -d # � V v � . ,%W Ice V4 V V Ai 1 /'1 m 'r1 r llo'\ Job to "Mt*cr.. a 00 ""00 ZAX , t4t*t t0- PERMIT Ww- *-Iwv—* applIM106 "s 90*2 examined and 1- hereby approved #-uTj*,ct G N; Wy—wmt ea g as provided by the Collier County building Code. Payment ROCOLV*4 by: Date "Iceipt No. ill VOA "U-a*r trw &pp'r-0-VW twildGi permit AM c;I—VI; with oil app litabl* laws. cs re, ordinaotts and additional stipulations and/or Conditions of Permit. Tb# approved permit aspires if work authorized is not coweeoctd within six (6) months from data of issue. The permit fee will be quadrupled, plus a maximum daily pt"Ity of $500-00 If work Is started without so approved permit. The per*itt*t further understood* that only lic*os*d contractors soy be employed mW that the structure' shall not be used or Occupied until a Certificate Of octupancy Is Issued. sisnatur# of Contractor Wits Appilcant Crean property Appraiser "FAILURE TO COMPLY WITH THE Yellow Record Section Pink z0vireas"tal Has)" MEC"HANICS' LIEN LAW CAN RESULT IN Goldenrod Lobby Yllo THE PROPERTY OWNER PAYING TWICE, I'll- cAX* clwooft" FOR RIS ILI)ING IMPROVEMENTS." F.S 713.135 1 10"s SOMD v OF O :M COLUM COUNTY.,\/ j\+ *PK46ANT NAME °®©?.© #v< . ** um" y p..:: »«© !,.# IMPACT S OWN 113-1134610-0136 MAPS « PURL, .., : . . «. . . ... � m . . . : , CARD .,j APPEALS REINSPEC.. FEE 0: va: a, RIGHT# F WAY § » 13,4m a . . . . , 11341340410'3430.4X7wrn .a.< Aft OR EAST NAPLES f « ~CO ISLAND + ~ ~ ^ GOLD * 2«1134M , CORKSCREW; 0 � BUILD114G PERMIT AP#Lr-ATK N Perwit rz Application Data .............. L"t. fnof O~r............. First Sam .................. i. �y Riddle Initial ......... 0...... Pro #tt Now ....................... Jot A44r*ss.................... GlO-Cod*......................... Caral Contractor .................. Contractor'* dddcass...... .....0... Psrsmt to Contact ................. TtItpbout tfumblr.............. Gonsral location ................... Subdivision .................. Tract ......................... iLyot..*,....................s. Unit ...................♦...... Legal Dsscript on ............. Typt Of Structure .................. Omstruction....... I......... .... . Purpose of Construction..........bumtw.. r of Dwelling Units........... .S'wr.......... ........... :.:«.a /�.,�{:Kator....... s..........• VLupsu y 4J,A .................... Cost. of Construction.............,.. Flood Zoo*.... r .................... Unct Lark Elsvat on.......... unci+ Xark Nail in............ Date f'arait Apprcwsd............... BUILDING DEPARTMENT SuOd'ov Pians'. E ttwai Pwmo Pt Petm t o Pwmvt C-,#% Pwm#I S+v "tor of Opt pwmd 87-0190 Ifoo ! Larry A. Papp-t? .3+485 horcant 1:v AvawA# 6i3-7676 TWO 54M attacbaad xiacsll.sueous Alteration Rsvt lir overhtead door repair Ylblock 0 business $5's 0 s. .. i r Aw*vW 8v Dare Apwod BY: Date Awovtd 8y AW -00 By; A4Vr(Ksd By Dow A vwOved BY u ._.. bt1R FIRE DiSTflICT #code O"o OvNtPtta Yi.ao ., tsr + e�w - .. M cvr*n f't: PrswtN s Ptrtrsat i �Le i A +wowC St acs`� . t.. L... a t✓ rm�a we +wank wort.. 300144 WILDING PEROff APPLW^TWN f Thi tA- r* "»i at4W ............# nPtrrsc*##x sm.. *. shx a* # s*a r nx w w f;Ivu.. g�{[, y• �y! L# s c n. *» x t# s s 4 x i# •4 v $. >. d'i.:♦ .1 owa*a ,4 V � 2* x.. g# s + 1 . a x • a �If 4 n x h e t of.#y S,>fy9=��' •.. # a k .. 1 ¢, ........... y .} Aoo">voo bv T.w#p ... L*t Afos .._........ f ronr Ylkd Sr+ N�r:k _� Row Y" Set 8edc x S -do k se awk . }Y�sr, PUBLtC WORKS otvls*N Wvw Mt Pwmn t W4 t R*"Of-*4 P«+sept ^'"..` h"osaiw+ Yet [7 Majj ow' o. Sewnu04)o* tesm t # t<WtWOO" RPtir": Yq £1 lir► a A11P *"d SY• Impact fed3 r �r vti „ft,, +wAWQV*d By . !„'' 'Oi1Ma»04, iMwst tt'iKki ilpr�,t APPLICATION r -OA ISUILDIN6 PERUIT '7 . COLLIER COtOiTY. FLORIDA Part Na. Y .., Tc pis -'TATF REGI T ► tV wNO w ri _ _ f,#f rWO i Awtom to go fwttw �*►+D�r0"W .. u .. NER. L i i ..... «st: +r+.....s:r +sps € n axas�x •sa* : H .,. ,.... ..a .... .. »agar a t" to that 0 t I ,t #tt hltt 3t xt •.aha. � *can a►ar eaS+MMWM� _ M _ ..... _ ...,....... w,. ,.... »...,...... ,. .. _ -' _ - . ». (C* a 01*4 . _ SFr+#w"#Iv %4 904# *tw" 04jo** #MkattsfomttY } Gtw►C + irt+isO:N - 3� "'�a � *�nv�e $t#2++ falfacal6s+�► Sc3+i N i f! CTl !N3 --------------------- t *,*I Nsxr ![its+rt Ado>tot PURPOSE pF CONRUCTIONltw"Sovo r,arrM w iwad #tras+vn� 3 , ►srt+zaaw . 3tsh+ +40t -00,1 , : E+ t h M +roc g _ - , or •31sn4tN# re+# UrMh _�_ 11ii-x _ --------------- lkapcaet! 5tt++csut t _ �i - - S+part- -- _ _ _ dR T Cww?w4w -----------------,. ----------- *y» . #Rr".SYtxsrn ti*rtmrr_ _ _ ___._ A .. Sa. Ft � Ft tiuterp�tt ..,,.. Sc; Ft Pogo *#oft it r Sa.Fx toSo sx Swap S4 F. So Fx. t3# � . S4 F3 low Stt Ft. Mlrrc+txM Sa. f't --------------- --- _.,._._,.,.-,.„._----.._--- F#cwvi+wDustri#3 SR. Vit. k E,RI"t_' _ E,P.i %Umbo k irwattR44#i 5p. Ft. =F xt7l9 {M� µ t*t.. a, outC' ItO SO __�_r _»_ __. _. ---- Ittif AMAT3O sonov Mark E3twt4tn_ », Loc#x+ s , t # - x x#b+s lxttor+i"W*o + C3sxr Psrrnrt +so pro eta _ l _ .bv Apt+wt�sR wrr,#w tnt a#q�ow�m _ .,... _ :. �py.+n,i rrWrH a+wpv swtraµ lsn�. . +o+owNrrDls sN9*do. TArt •wp io-wtr p r.+.,a :ieo+ ss ++ n w m �yrt+ er,sro w wa+ w �M n w 363 1raa++tln taw oy wrw YM ww#w condo” Of fvl#fl trr +rt3 tM y+ny xY #< i 4:0i% s� krq+Y q tUApMM +wMaMtt Y. M 4 �M'�+X Mt OMM++�+RMMt 1Mgi A. UOK406 + 4•s ooft IFr il� r" �4 MW aroma ta+r s sMb +wn M we»t 37+r+tars" et v w *%004 Ste* tb +�tt r+�si S3rtws rwt S,6nsture o3 CoratrstttM ..�..�. ,_......... t r Oa►Y a3 .. r* .. -lip a .FAILURE TO C6MPLY WITH T1iE � _. , ... MECHANICS LIEN LAVA CAN RESULT IN' THE PROPERTY OWNER PAYING TWICE 3 Ts*' FOR BUILDING IMPROVEMENT &" FS 7131135 _ t+LaoN _ =o 8 0 E = Y ,C j h i 1 -I O Y �b3 E rE 8 d Y b - d ¢ s � i � s s• r sfa s YRY j— CFEY ,3y8 _ t+LaoN _ =o Li ,C j h i 1 -I O ' o -� t-1 L'i0c"I 1.- — t I as Q� Li ,C j h i 1 -I O O -� t-1 L'i0c"I 1.- — t I S —4_1 1 �—F� , , X11—"i /�-T ;s vy_.. '' Xr• � i -q >,9a� ���� — t—T C--- yl ❑fie '�" �:l ��� I s � i r e ` � d 00`1 m MI EI Irk �o �w 0 J GIffy i h MI EI Irk �o �w I®® L+nd Jia?i(rd V ,40 ORDINANCE NO. 96- 66 s Q `VAN .'ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, -ii'111CI1 INCLUDES TETE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE , MORE SPECIFICALLY AMENDING ARTICLE 1, GENERAL, PROVISIONS, DIVISION 1.9. ENFORCEMENT; ARTICLE 2, ZONING, DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL. USES, DIMF:NSIONAI. S'rANDARDS, DIVISION 2.3, OFF-STREET PARKING AND LOADING, DIVISION 2.4. LANDSCAPING AND BUFFERING, DIVISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS, DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN GUIDELINES AND STANDARDS; ARTICLE 3, DIVISION 3.2. SUBDIVISIONS, DIVISION 3.3. SITE DEVELOPMENT PLANS, DIVISION 3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION, DIVISION 3.15. ADEQUATE PUBLIC FACILITIES; ARTICLE 5, DECISION MAKING AND ADMINISTRATIVE BODIES, DIVISION S.S. GROWTH MANAGEMENT DEPARTMENT, DIVISION 5.9. COMMUNITY DEVELOPMENT SERVICES DIVISION, DIVISION 5.10. DEVELOPMENT SERVICES DEPARTMENT, DIVISION 5.11. GROWTH PLANNING DEPARTMENT, DIVISION 5.12. HOUSING AND URBAN IMPROVEMENT DEPARTMENT; ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO DEFINITIONS OF COMMERCIAL EQUIPMENT AND COMMERCIAL VEHICLE AND DEFINITIONS RELATED TO ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES; APPENDIX B TYPICAL STREET SECTIONS INCLUDING REVISIONS TO TYPICAL CROSS SECTIONS FOR LOCAL STREETS, MINOR COLLECTORS, AND DELETION OF THE CUL-DE-SAC TYPICAL CROSS SECTION; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND SECTION SIX, BY PROVIDING AN 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, which has been subsequently amended; on October 13, 1991; and WHEREAS, the Land Development Code may not be amended more than two times in each calendar year pursuant to Section 1.19.1., LDC; and WHEREAS, this is the second amendment to the Land Development Code, Ordinance 91-102, in this calendar year; and WHEREAS, on March 23, 1993, the Board of County Commissioners adopted Resolution 93-124 establishing local requirements and procedures for amending the LDC; and ® WHEREAS, all requirements of Resolution 93-124 have been met; and words seruek thrett1h are deleted; words underlined are added. -1- WHEREAS, the Board of County Commissioners, in a manner prescribed by taw, did hold advertised public hearings on October 16, 1996 and October 30, 1996, and did take action concerning these amendments to the LDC; 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 Collicr County, Florida, that: OECTION ONE: RECITALS The foregoing recitals arc true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT of fact: The Board of County Commissioners of Collicr County, Florida, hereby makes the following findings Collier County, pursuant to Sec. 163.3161, sl leg., 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. Afler 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. 163.320 1, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the Act. 4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not consistent with the adopted Comprehensive Plan, or clement 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(I)(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 Qegard 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. Words streelt threttsh are deleted; words underlined are added. -2- Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 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 arc compatible with an further the objectives, 10olicies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991 and may be amended twice annually. II. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effeclivcly 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 the public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Development 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 ENFORCEMENT DIVISION Division 1.9, Enforcement of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 1.9. ENFORCEMENT See. 1.9.1. General. The provisions of this code shall be enforced by (1) the Collier County code enforcement board pursuant to the authority granted by F.S. §162.01 ct scq., (2) by the board of county commissioners through its authority to enjoin and restrain any person violating the code, or (3) by Collier County through the prosecution of violations in the name of the State of Florida pursuant to the authority granted by F.S. §125.69. The county manager shall have the right to Words are deleted; words underlined are added. -3- inspect those lands, waters, or structures affected by this code and to issue citations for violations. 1.9.].1. The term "county manager" as used in this code shall mean the county manager or his designee. Sec. 1.9.2. Violation. Whenever, by the provisions of this code, the performance of any act is required, or the • performance of any act is prohibited, or whenever any regulation or limitation is imposed on the use or development of any land or water, or on the erection of a structure, a failure to comply %vith such provisions shall constitute a violation of this code. Sec. 1.9.3. Complaints regarding violations Whenever a violation of this code occurs, or is alleged to have occurred, any person may file a complaint. Such complaint stating fully the causes and basis thereof shall be filed with the county manager. The county manager, or his designee, shall record properly such complaint, investigate, and take action thereon as provided by this code. Fie shall maintain as a public record, in his office, the disposition made of the complaint. Sec. 1.9.4. Liability. Any owner, tenant, or occupant of any land or structure, or part thereof, and any architect, engineer, builder, contractor, or any other agent, or other person, firm, or corporation, either individually or through its agents, employees, or independent contractor, who violates the provisions of this code, or who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this code, shall be held responsible for the violation and be subject to the penalties and remedies provided herein or as otherwise provided by statute or ordinance. Sec. 1.9.5. Procedures upon discovery of violations. Upon the determination that any provision of this code is being violated, the county manager or his designee, before prosecuting said violations before the code enforcemcnt board, shall send a written notice by registered or by certificd mail retum receipt requested or by hand delivery to the persons) responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the county manager's discretion. The written notice shall state the action the county manager intends to take, if the violation is not corrected;. F1!HRagOr8FI1i5d i_ Before a violation of any of the provisions of this code is prosecuted before the code enforcement board, written notice by registered or certified mail, rctum receipt requested, shall be serviced by the county manager or his designee according to the requirements of Ordinance No. 92-80, as may be amended from time to time. If the violation is of a nature that it can be corrected by an official zoning atlas amendment or through the granting of a variance, the county administrator is authorized to suspend enforcement actions pending the outcome of such proceedings, provided that the person(s) responsible for the violation file the appropriate application forms for official zoning atlas amendment or variance hearing with the county manager within ten calendar days of the receipt of notice of violation. If the outcome of an official zoning atlas amendment request or variance request does not remedy the violation, the person(s) responsible for the violation shall have 15 calendar days to correct the violation, unless granted an extension by the county manager as set forth above. Words are deleted; words underlined are added. -4- 11� In cases where delay would seriously threaten the effective enforcement of this code or pose a danger to the public health, safety, or general welfare, the county manager may seek enforcement without prior written notice by invoking any of the remedies contained in this code or otherwise provided by law. Sec. 1.9.6. Criminal penalties and remedies. SA person who violates any of the provisions of this code, or fails to comply with any of its requirements, or fails to abide by and obey all orders and resolutions promulgated as herein provided, shall be subject to prosecution in the name of the state in the same manner as misdemeanors arc prosecuted, pursuant to the terms of F.S. §125.69, as amended, and shall be subject to all criminal penalties authorized by the State of Florida for such violation. Upon conviction, such person shall be punished by a fine not to exceed $500.00 or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. Each calendar day that any violation continues after receipt of a written notice of such violation shall constitute a separate violation and a separate offense for purpose of the penalties and remedies specified herein. In addition to the penalties and remedies above, the county manager may institute any appropriate actions or proceedings to prevent, restrain, correct, or abate a violation of this code, as provided by law. Sec. 1.9.7. Civil penalties and remedies. 1.9.7.1. Cease and desist orders. The county manager is authorized to issue cease and desist orders in the form of written official notices sent by registered mail to the person(s) responsible for the violation. 1.9.7.2. Revocation of huilding permits, certificates of occupaacv, or other development orders, permits or approvals. The county manager may revoke any building permit, certificate of occupancy, development order, development permit, or development approval, whatsoever, in those cases where an administrative determination has been duly made that, relevant to the provisions and requirements of this code, false statements or misrepresentations existed as to material fact(s) in the application or plans upon which the permit or approval was based. 1.9.7.3. Suspension of budding permits, certificates of occrrpaacv% or other development orders, perarils or approvals. The county manager may, to the extent permitted by law, suspend any building permit, certificate of occupancy, development order, development permit, or development approvals whatsoever, where an administrative determination has been duly made that, relevant to the provisions and requirements of this code, an error or omission on either the part of the applicant or government agency existed in the issuance of the permit or approval. A valid permit or certificate shall be issued in place of the incorrect permit or certificate after correction of the error or omission. 1.9.7.4. Stop work order. For any violation of the provisions of this code which 1101 constitutes a threat to life or to public or private property, the county manager shall have the authority to issue a stop work order in the form of a ,vriticn official notice given to the owner of the subject property or to his agent or to the person doing the work where such a violation has been committed or exists. Upon notice from the county administrator that any Words otvuek r=14reuEj4h are deleted; words underlined are added. -5- action or work is occurring contrary to the provisions of this code, and it constitutes a threat to life or to public or private property, such action or work shall immediately be stopped. The notice shall state the conditions under which the action or work may be resumed. Where any emergency exists, oral notice given by the county administrator shall be sufficient. Sec. 1.9.8. Other remedies. is The county manager or the board of county commissioners may have recourse to such other remedies in law and equity as may be necessary to ensure compliance with the provisions of the code, including the following: 19.8.1. Injunctive relief to enjoin and restrain any person from violating the provisions of the code and recovery of damages for such violation; 1.9.8.2. Prosecution by the state attorney's office as provided by F.S. § 125.69, as amended; 1.9.8.3. Prosecution before the Collier County code enforcement board; 1.9.8.4. Revocation of any permit or changing the conditions of any permit; 1.9.8.5. Withholding the issuance of any construction plan approval, building permit, certificate of occupancy, or inspection by the county; 1.9.8.6. Requiring replacement by the property owner of any vegetation removed in violation of the land alteration and landscaping regulations or in violation of any permit issued under the code, including corrective measures pursuant to section 3.9.6.9. Replacement trees shall be of sufficient size and quantity to replace the dbh inches removed. At the time of planting, a replacement tree shall have a minimum caliper of I% inches and a minimum height of seven to eight feet; and 1.9.8.7. Recovery of attorneys' fees, expert witness fees, and costs, including those on appeal, incurred by the county for in-house county attorneys and staff experts and for outside legal counsel experts. See. 1.9.9. Notice and appeal. All administrative decisions concerning the issuance, revocation, suspension, or stop work order, or other remedy pertaining to building permits, certificates of occupancy, development orders, development permits, or development approvals, whatsoever, shall be stated in official written notice sent by registered mail to the permit applicant. Decisions of the county manager may be appealed to the board of county commissioners., board of zoning appeals, code enforcement board, or building board of adiustments and appeals as may be applicable. See. 1.9.10. Prosecution under previous regulations. Any prosecution arising from a violation of any prior code, ordinance, or regulation of Collier County superseded by this code, which prosecution was pending at the effective date of this 101 code, or any prosecution which may be begun within one year after the effective date of this code, in consequence of any violation of any prior code, ordinance, or regulation superseded hereby, which violation was committed prior to the effective date of this code, shall be tried and determined exactly as if such prior code, ordinance, or regulation had not been superseded. Words are deleted; words underlined are added. -6- SUBSECTION 3.13: AMENDMENTS TO ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES AND DIMENSIONAL STANDARDS DIVISION Division 2.2., Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards, of Ordinance 91-102, as amended, the Collier County Land Development Code is hereby amended to read as follows: Division 2.2 Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards Sec. 2.2.12. Commercial professional district (C-1) and commercial professional transitional district (C -IM. 1.1.11.3. Conditional uses. The following uses arc permissible as conditional uses in the commercial pro fcssionalAransitionaI district (C-1, C -1/f, subject to the standards and procedures established in division 2.7.4. 11. Soup kitchens, as defined by this code. 12 Veterinarian's Mice (0742), excluding_ outdoor kenneling, 1.1.11.6.3. Trak Generation. The proposed use must not generate in excess of five percent of level of service C peak hour volume design capacity on abutting streets that provide access to the property. 2.2.12.6.4. Architectural and Site Designn Standards. All commercial buildines and projects shall be subject to the provisions of division 2.8. 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 dis'ance. It is intended that the QG -2 district implements the Collier County growth management plan within those areas designated agricultural/rural; estates n..ighborhood center district of the Golden Gate Master Plan; the neighborhood center district of the Immokalce 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 Words sertiele thre are deleted; w,,rds underlined are added. -7- 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 otherwise provided for within this section, are permitted as of the Standard Industrial Classification Manual (1987), or as right, or as uses accessory to permitted uses in the C-2 commercial convenience district. 2.2.13.2.1. Permitted rises. is 1. All permitted uses and all conditional uses except increased height and mixed residential and commercial uses of the C-1 commercial professional district and the C-I/T commercial professional/transitional district. 2. Anparel and Accesso!y Stores (croups 5611-5699) 3. Business service (groups 7311, 7313, 7322-7338, 7361-7379, ;3;1 ;»i 778 ;379 7384). 4,2- Care Takers Residence, subject to section 2.6.10. 4, 5. Eating places (5812 except contract feeding, dinner theaters, food service (institutional), industrial feeding). 6. Electrical repair shops (7622 radio, television, stereo and video recorder repair only, 7629 except aircraft, business and of iicc machines, large appliances such as refrigerators and washing machines). 7. Food stores (groups 5411 except supermarkets, 5421-5499). 8. Gasoline service stations (5541 subject to section 2.6.28). 9.8- General Merchandise Stores (5311-5399) 10.9- Group care facilities (Category I and 11, except for homeless shelters); care units, except for homeless shelters; and nursing homes, subject to section 2.6.26. 4,0-11. Hardware stores (5251). 44 12. Health services (groups 8011-8049, 8082)., 13. Home Furniture. Furnishing and Equipment Stores (groups 5713- 5719.5731-5736) 14. Libraries (8231) 15. Miscellaneous Repair Services (7629-7631) 16. Miscellaneous Retail Services (5912-5961) Museums and Art Galleries (8412). 18. Paint, glass and wallpaper stores (5231) Words struelt threeSh are deleted; words underlined are added. -8- 19.42 Personal services groups (722.7215,722122-13 7251, 7291). 20.43. Security and commodity brokers, dealer, exchanges and services (groups 6211-6289). 21.44. United States Postal Service (431 1 except major distribution center) - 22.4 -55- Veterinary services (0742 excluding outside kenneling). 23,41x. Videotape rental (7841). 24.4-7,,Any other convenience commercial use which is comparable in nature with the foregoing uses including building for retail, service and office purposes consistent with the permitted uses and purpose and intent statement of the district. 2.2.13.7. Architectural and Site Design 5lanetards All commercial buildings and proiccts shall be subicct to the nrovisions of Division 2.8. 2.2.14.7. Architectural and Site Design Standarrts All commercial buildings and projects shall be subicct to the nrovisions of Division 2.8, 2.2,15.8. Architectural and Site Design Standards All commercial buildings and proiccts shall be subiect to the provisions of Division 2.8. 2 2 15 % 9 Architectural and Site Design Standards. All commercial buildings and proiccts shall be subiect to the provisions of Division 2.8, 2 2 16 %a.2. 9 Architectural and Site Design Standards. All commercial buildings and projects shall be subject to the provisions of Division 2.8. Sec. 2.2.24 Special treatment overlay district (ST); special regulations for areas or environmental sensitivity and lands and structures of historical and/or archaeological significance and the Big Cypress Area or Critical State Concern. 2.2.24.2.3. Estahlishnient ofACSC-ST overlay district, In accordance with F.S. §380.05, and chapter 73-131 Laws of Florida, the administrative commission instituted regulations for the Big Cypress Area of Critical State Concern (ACSC). The purpose of these regulations is to conserve and protect the natural, environmental and economic resources of the Big Cypress area. Furthermore, these regulations arc to provide a land and water management system that will preserve water quality, provide for the optimum utilization of the limited water resources of the area, facilitate orderly and well-planned development, and protect the health, safety and welfare of residents of the state. Chapter 28.25 of the Florida Administrative Code establishes criteria for site alteration, drainage. transportation facilities and structure installation. These regulations arc implemented through the land development regulations as set forth in section 2.2.24.3.2. an overlay zoning classification to be known as Area of Critical State Concern/Sen&4i*eSpecial Treatment overlay shall be designated on the official zoning atlas with symbol ACSC-ST. 2.2.24.11. Tra,isfer of rlevelopnient riglits. An owner of land located within areas desienated as Urban on the Future Land Use Map, including agriculturally oned promnies. which may or may not be identified with the ST overlay, designated Words=___elt r:hre are deleted; words underlined are added. -9- • • es ST may elect to transfer some or all of the residential development rights from one parcel or4k ST -land to son ST another parcel, as an alternative to the development of the STs ndinlands, The lands to which the development rilhts arc to be transferred shall be referred to as reccivine lands and those lands from which development rights arc transfcrrcd shall be referred to as sending lands pfepeo , as provided herein and shall be located within the Urban designated areas of the County. ill e0lifORMily Will! 1110 ST FerU181i - 2.2.24.11.1. The development rights shall be considered as interests in real property and be transfcrrcd in portions or as a total as provided in this section. Once used, the residential development rights shall not be used again and the residential development rights of the subjcct-ST lands providing them shall he considered severed forever. 2.2.24.11.2. The transfcr of dcvclopmcnt rights to be used-feF Pon ST land- sh-Alp" rfem ST designmej land to nen ST. land Anti shall be subject to all of the requirements of the basic zoning district to which they arc transfcrrcd unless specifically approved otherwise as provided by law. 2.2.14.11.3. The minimum arca of ST- land eligible for the transfer of dcvclopmcnt rights shall be cgual to tlhc minimum lot size for the sending zone. For the pumoses of this section legal non -conforming lots of record maybe eligible to transfcr density, with the minimum arca of the receiving land equal to the arca of the legal non -conforming lot of record 0 S agree A kP4, excluding submerged land. 2.2.24.11.4. Upon the approval of the transfer of residential development rights 4'ef an ST land by a super maiority vote of the Board of County Commissioners, the property owner of the &T -sending land shall dedicate in fee simple the land to the county or a state or federal agency; however, the lands may be dedicated in fee simple to a private, not-for-profit conservation or environmental organization in accordance with F.S. § 704.06, as amended, with the approval of the Board of County Commissioners. 2.2.24.11.5. The maximum number of residential units which may be requested fief» ST land (e fien ST IAAJ shall be compiled on the basis of the permitted density pursuant to the underlying zoning category of the S4:-scndine land. 2.2.24.11.6. Maximum number of residential units which eligible nen ST lands may receive. NAA ST --1 Lands in all residential zoning districts and residential components of Planned Unit Development aaec r. oA4c 12--R4 46, and R zoning districts are eligible to receive residential development units provided that the maximum number of residential units which may be transfcrrcd to the -sten -ST receiving land does not exceed 10 percent of the maximum number of residential units permitted under the receiving property's basic zoning ekhe RX4P 6 and-RN4F 12 district. For the purpose of determining the number of residential units which non 9 a parcel of land is capable of receiving, the following formula shall apply: RSF-1 through RSF-5 districts, up to and including S units per acre: Words struelt thr are deleted; words underlined are added -10- Units ner base density x 10%=.1 to .5 units aer acre RMF -6 district, up to and including six units per acre: 6 units x 10% = .6 units per acre RMF -12 district, seven to and including 12 units per acre: 12 units x 10% = 1.20 units per acre RMF -16 district: 16 units x 5% = .80 units per acre RT district: 16 units x 5% = .80 units per acre 26 units x 5% = 1.30 units per acre PUD district: Residential tract units x 5%= permitted units per acre 2. For the purpose of calculating the final fractional residential unit of the total number of residential units eligible for transfer to an Pei► ST PIFeper#y- eligible parcel of land, the following shall apply: Any fractional residential unit shall be converted upward if one- half or more of a whole unit, or downward if less than one-half of a whole unit, to the nearest whole unit value. 2.2.24.12. Procedure for obtaining transfer of residential development rights. Any owner of ST—eli ible land may apply for a transfer of development rights either separately or concurrently with rezoning, zoning ordinance amendments, preliminary subdivision plat or development plan. Prior to the approval of any transfer of development rights or the issuance of any building permits in connection with the use of any transfer of development rights, the petitioner shall submit the following information and data, as applicable to the petition, to the development services director for his review and subsequent action by the Board of County Commissioners. 1. Name and address of ST property owner of sending land. 2. Name and address of nen ST property owner of receiving land. 3. Legal description of ST -sending land from which transfer of residential development rights is petitioned. 4. Survey of &T prepeoy sendingland from which transfer of residential development rights is requested. 5. Legal description en men ST of receiving land which receives the transfer of residential development rights. 6. Survey of the non ST land which receives the transfer of residential development rights. Words threuejh are deleted; words underlined are added. see 7. Three topics of an executed decd of transfer of ownership of the ST sending property to the county or a state or federal agency, however, [lie lands may be dedicated in fcc simple to a private, not-for-profit conservation or environmental organization in accordance with F.S. § 704.06, as amended, with the approval of the Board of County Commissioners in a form approved by the county attorney. 8. The ST owner of the sending land shall provide a guarantee, agreeable • to and approved by ordinance of the board of county commissioners, that thc-ST send in land will be utilized only for the purposes of increasing public recreational and/or educational opnortunitics. creation of linkages between nublic or private open space protection of critical habitat/ecosystems or other public purpose as specified in the ordinance of adontion. Such a guarantee shall be recorded with the clerk of the circuit court of Collier County, Florida as a recorded restriction of the use of such land and shall be binding to all present and subsequent owners, heirs, or assigns of such property. Such restrictions may not he amended, deleted, or otherwise altered, except hy a majority vote of the Board of County Commissioncrs. • 2.2.24.13. Time limitations on Board of County Commissioner's approval of transfer of residential development rights or authorization to proceed frith the processing of a building construction permit. The Board of County Commissioners' approval of a transfer of residential development rights or the planin&services director's authorization to proceed with the processing of a building or construction permit shall be valid so long as such approval is permitted by law. The failure to act on the part of the petitioner to exercise the transfer of residential development rights or obtain and cxet,:ise an authorized building or construction permit within the time period provided by law shall automatically terminate such approval and the county shall be held harmless from any damages arising out of the petitioner's failure to net. 2.2.2.1.14. Sequential use of residential units approver/ for tra►rsfer by the hoard of Coun{r Commissioners. Upon the issuance of any permit for the construction of residential unit(s) upon a non -ST the receiving land, the first residential units built thereon shall be considered to be the residential units approved for transfer by the Board of County Commissioners f0f 1fan5f2F, and the succeeding residential units constructed shall be considered the residential units permitted under the basic zoning district regulations. SUBSECTION 3.C: AMENDMENTS TO OFF-STREET PARKING AND LOADING DIVISION. Words strttele threttfjh are deleted; words underlined are added. -12- Division 23, Off-Strcet Parking and Loading, of Ordinance No. 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.3 OFF-STREET PARKING AND LOADING 2.3.10. Developers of commercial proiects located within commercial zoning O districts business park districts or a commercial component of a PUD zoning district which require a minimum of 80 parkins spaces. providing ae ved off-street surface parking in excess of 120% of the requirements of this code shall request a variance in accordance with Section 2.7.5. The developer shall be required to provide double the ]andscapine required i interior vehicular use areas, iandseaping as required by section 2.4.5.2 for those projects requesting such -a variance reqUiNd by 11406 e0d&40-Pf0VW* SUBSECTION 3.1): AMENDMENTS TO LANDSCAPING AND BUFFERING. Division 2.4, Landscaping and Buffering, of Ordinance No. 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows, including the addition of Figure 1, Sight Distance Triangles and Figure 2, Signage Adjacent to Landscape Bu ffer: DIVISION 2.4 LANDSCAPING AND BUFFERING Sec. 2.4.1. Title and citation. This division shall be known and may be cited as the "Collier County Landscapging Code." Sec. 2.4.1. Purpose and intent. The purpose and intent of the landscape code is to: a1 promote the health, safety, and welfare of residents of Collier County by establishing minimum uniform standards for the installation and maintenance of landscaping; to improve the aesthetic appearance of commercial, industrial, and residential developments through the requirement of minimum landscaping in ways that harmonize the natural and built environment; cL to promote preservation and planting of native plants and plant communities; d1 to provide physical and psychological benefits to persons through landscaping by reducing noise and glare;,ead4 y e? screening and buffering the harsher visual aspects of urban development; 1Q to improve environmental quality by reducing and reversing air, noise, heat, and chemical pollution through the preservation of canopy trees and the creation of shade and microclitnatc; gl to reduce heat gain in or on buildings or paved areas through the filtering capacity of trees and vegetation; and h) to promote water conservation by encouraging the use of native and drought -tolerant vegetation and properly zoned irrigation system through xeriscape. Sec. 2.4.3. Procedures. Words otruek thre are deleted; words underlined are added. -13- 2.4.3.1. landscape plan required Prior to the issuance of any preliminary subdivision plat, final site development plan, or building permit, an applicant whose development is covered by the requirements of this section shall submit a landscape plan to the devekgw" t plannin • services director. The landscape plan shall be prepared by and bear the seal of a Llandscape Aarchitect registered in the State of Florida, of-e44ePA4se-he et seq.) (I-endse-ape AFAiiec-1UN). The landscaping required for • single-family, two-family, and mobile home dwelling units shall be shown on the building permit plot plan. This plan is not required to be prepared by and bear the seal of a landscape architect. The landscape plan shall be drawn to a suitable scale, include dimensions, north arrow, date, title, project owner's name, delineate the existing and proposed parking, vehicular use areas, buildings, access points, and roadways, show all utility lines or casements, and show the location of existing and proposed planting areas and vegetation communities and designate them by species name. The code -required landscaping shall be highlighted or indicated on the plan to differentiate from the applicant's provided landscaping that is in addition to that required by this code. Desien creativity is encouraged so long as it meets the intent of this code. The plan shall show the location of permanent vegetation protection devices, such as barricades, curbing, and tree welts. The plan shall also include a chart indicating graphic plant symbol, botanical and common name, quantity, height, spread, spacing, native status, drought tolerance rating (as defined by "Xeriscapc Plan Guide II" published by South Florida Water Manaeement District West Palm Beach FL) and type of mulch. The Plan shall show tree and palm stakine details per accepted industry practices and standards In addition, a tabulation of the code - required landscaping indicating the calculations necessary to insure compliance with this code shall also appear. A3e-ese-reRaired-undef this aA certificate of occupancy shall not be issued until w4 heut-pec+fie approval of sue -h the landscaping plan and its installation of Plants and materials consistent with that annroved plan has been completed and inspected by the County. 2.4.3.2. Irrigation plan required. Prior to the issuance of any pfeliminasy subdivision plat or final site development plan, an applicant whose development is subject to the requirements of this section shall submit a separate irrigation plan to the de;telepmem Rlanning, services director. The plan shall be prepared by persons qualified to prepare irrigation plans, such as an irrigation designer or landscape architect. The irrigation plan shall be drawn at the some scale as the landscape Dian to: a suitableseale-, show existing vegetation to remain; delineate existing and proposed buildings and other site improvements, parking spaces, aisles, and driveways; indicate main, valve, and pump locations, pipe sizes and specifications; show controller locations and specifications; show backflow preventer and rain -sensing, devices and include a typical sprinkler zone plan indicating type, specifications and spacing, and coverage. If drip irrigation or soaker hosts are proposed, their layout shall . be shown. Irrigation systems shall be designed to avoid impacts with existing vegetation. Field changes may be made to avoid disturbance of such vegetation, such as line routing, sprinkler head placement, and spray direction adjustments. Words o -__eh thre ;:: are deleted; words underlined are added. -14- 2,4,3,3, Existing plant communities. Existing plant communities and ecosystems shall be maintained in a natural state and shall not be required to be irrigated. Native plant areas that arc supplements to an existing plant community or newly installed by the develepeF applicant shall be irrigated on a temporary basis only during the period of establishment from a temporary irrigation system, water trick, or by hand watering with a hose. 2.4.3.4. Cultivated landscapes. Cultivated landscape areas shall be provided with • an automatic irrigation system to improve the survivability of the required landscaping. Sprinkler heads irrigating lawns or other high water demand areas shall be eifeuited zoned iA 1111+t-114ey we on a scparatcLy eae-or- + from those irrigating trees, shrubbery, ground cover, flowers, or other reduced water requirement areas. Automatically controlled irrigation systems shall be operated by an irrigation controller that is capable of watering "high water" requirement areas at different frequencies and duration than "low water" requirement areas. Landscaping shall be watered on an as -needed basis only. Irrigation systems shall be designed for the zoning of high and low water use areas, anil [leads shall he designed for 100 percent head-to-head coverage unless seccificd by -ft. nmanufacturcr. These requirements may be adjusted for retention areas. The irrigation system shall be designed and installed in accordance with the Florida Irrigation Society, Standards and Specifications for Turf and Landscape Irrigation Systems (as amended). Irrigation systems utilizing well water shall be designed and maintained in a manner which eliminates staining of the building, walks, walls, and other site improvements. All systems shall be designed to eliminate the application of water to impervious areas. Irrigation systems, other than drip or soaker hose systems, shall be operated between the hours of midnight and 10:00 a.m., unless the operation of multiple zones requires additional time. South Florida Water Management District (SFWMD) or other utility company water use restrictions shall supersede these requirements. There arc no operational requirements for irrigation systems utilizing cMucnt. All new residential, commercial, and industrial developments shall be irrigated by the use of an automatic irrigation system with controller set to apply water in a manner consistent with this division. Moisture detection devices shall be installed in all automatic sprinkler systems to override the sprinkler activation mechanism during periods of increased rainfall. Where existing irrigation systems arc modified requiring the acquisition of a permit, automatic activation systems and overriding moisture detection devices shall be installed in compliance with this division. 2.4.3.5. Installation. Prior to the issuance of any certificate of occupancy for a use required to provide landscaping and irrigation in accordance with this section, all required landscaping and irrigation shall be installed and in place as set out in the plans approved under subsections 2.4.3.1 and 2.4.3.2. All plant materials must be installed in accordance with accepted landscape practices in the area and meet the plant material standards contained in Section 2.4.4. Plant materials shall be installed in soil conditions that are conducive to the proper growth of the plant material. Words struelt thre are deleted; words underlined are added. -is- Limcrock located within planting areas shall be removed and replaced with native or browing quality soil before planling A plant's growth habit shall be considered in advance of conflicts which might arise (i.e. views, signage, overhead power lines, lighting, circulation, ctc.). Trees shall not be placed where they interfere with site drainage, subsurface utilities, or overhead utility lines, or where they shall require frequent pruning in order to avoid interferences with overhead power lines. Trees shall not be planted in areas that retain excessive quantities of water or will require excessive amounts of fill placed over the root system that will affect the health of the tree species. Required landscaping shall not be placed within casements without written approval from all entities claiming an interest under said casement. All required landscaping shall be installed in accordance with plans approved under scction[s] 2.4.3.1 and 2.4.3.2. Landscaping within a subdivision development shall be guaranteed by a subdivision completion bond in accordance with division 3.2 governing the final platting of subdivision. All required landscaping shall he maintained in a healthy condition in perpetuity as per the approved building and site plans. Codc ee►t►plienee Enforcement may investigate deficiencies in approved landscaping and institute corrective action to insure compliance with this code. In instances where an act of God or conditions outside the control of the applicant have prevented immediate installation, the development planning services director, if furnished with a statement which includes good and sufficient evidence that states that the required plantings will be installed when conditions permit, may issue a temporary certificate of occupancy. If the required plantings are not installed when conditions permit, then the county may revoke the certificate of occupancy. 2.4.3.6. Priming. Vegetation required by this code shall only be pruned to promote healthy, uniform, natural growth of the vegetation except where necessary to promote health, safety, and welfare and shall be in accordance with "Pruning Standards (Revised 19881" of the National Arborist Association. Trees e+td-slHbs shall not be severely pruned in order to permanently maintain growth at a reduced height or spread. PFUning shall noi inteo:reffe v.-iih !he design intent PC 1110 OFiBiRBI in-Aallalien Severely pruned trees shall be replaced by the owner. A plant's growth habit shall be considered in advance of conflicts which might arise (i.e. views, signage, overhead power lines, lighting, circulation, etc- sidewalks. buildings, and similar conflicts). 2.4.3.7. Maintenance. The owner shall be responsible for the continued maintenance and upkeep of all required landscaping so as to present a healthy plant in a condition representative of the species. Tree and Palm staking shall be removed between 6 and 12 months after installation All landscapes shall be kept free of refuse, debris, disease, pests, and weeds and shall be fertilized and irrigated to maintain plants in a healthy condition. Special maintenance requirements necessary to preserve the landscape architect's design intent shall be noted on the planting plan. . Ongoing maintenance to prohibit the establishment of prohibited exotic species is required. Any plant materials of whatsoever type or kind required by these regulations shall be replaced within 30 days of their demise and/or removal. Ciao se -ices Code Enforcement will inspect areas affected by this code and issue citations for violations. If the required corrective action is not taken within the time allowed, the county Words abruele threu24t are deleted; words underlined are added. -16- may use any available means of enforcement to seeurc compliance. Thew shall include, but not be limited to the following: I . Prosecution before the Collier County CoKk F.nforcemertt fimrd; 2. Prosecution by the State Attorney's Office as provided by Florida Statutes; 3. Withholding of any permit, construction plan approval, certificate • of occupanry, or inspection by the county; 4. Placing a lien on the property, to include all administrative. legal. material and installation costs. Sec. 2.4.4. Plant material standards and installation standards. 2.4.4.1. Quality. Plant materials used to meet the requirements of this section shall meet the standards for Florida No. 1 or better, as set out in Grades and Standards for Nursery Plants, part I and part 11, Department of Agricultural, State of Florida (as amended). Root ball sizes on all transplanted plant materials shall also meet state standards. At least 75 percent of the trees and 50 percent of the shrubs used to fulfill these requirements shall he native Southern Floridian species, as determined by accepted valid scientific reference. For sites that are north and cast of U.S. Highway 41, at least 35 percent of the shrubs used to fulfill these requirements shall be native Floridian species, as determined by accepted valid scientific reference. "Native Trees and Shrubs for Collier County List" is available for reference. For proposed land development projects on coastal shorelines and/or undeveloped and developed coastal barrier islands all required landscaping shall be 100 percent native Southern Floridian species. In addition, for all sites, at least 75 percent of the trees and shrubs used to fulfill these requirements shall be drought -tolerant species as listed in the Xcriscape Plant Guide and Native Trees and Trees for South Florida (IFAS). Reference to be used in the native determination may include, but not be limited to: Long, R.W., and O. Lakcla, 1976. A Flora of Tropical Florida. Small, J.K., 1933. A Manual of the Southeastern Flora. 1Vunderlin, R. P., 1982. Guide to the Vascular Plants of Central Florida. \%'here xeric plants arc to be utilized, use the South Florida Water Management District, Xcriscape Plant Guide (as amended) as a reference. S 2.4.4.2. Trees and Palms. All required new individual trees, shall be species having an average mature spread or crown of greater than 20 feet in the Collier County area and having trunk(s) which can be maintained in a clean condition over five feet of clear wood. Trccs adiacent to walkways, bike paths and richt-of--ways shall be maintained in a clean condition over 8 feet of clear wood. Trees having an average mature spread or crown less Words struek thre are deleted; words underlined are added. -17- than 20 feet may he substituted by grouping the same so as to create the equivalent of 20 -foot crown F-IFIC-MU-J e��c For code -required trees, at least 50 percent of the trees at the time of installation shall be a minimum of ten feet in height, have a • 13/4 -inch caliper (at 12 inches above the ground) and a four -foot spread. The remaining code -required trees, at the time of installation, shall be at least eight feet in height, have a 11/2 -inch caliper (at 12 inches above the around) and a three-foot spread. !Fees Shall ht eaFIOP�' !Fees. A vrouning of three (3) palm trees will he the eguivalent_of_onc (1) tree Excentions will he made for Rovstonca snp. and Phoenix sip (not including roebelenii) which shall count one (1) palm for one (1) tree Palms may be substituted for un to 30% of required trees Palms must have a minimum of ten (10') feet of clear trunk at planting, All new trees, including palms, shall be of a species having an average mature height of 15 feet or greater. 2.4.4.3. TreeSaeciesMix. When more than ten (10) trees arc reguired to be planted to meet the reouirements of this Code a mix of spccics shall be provided. The number of spccics to be planted shall vary according to the overall number of trees required to be planted The minimum number of species to be planted are indicated below, REQUIRED SPECIES MIX REQUIRED NUMBER OF MINIMUM NUMBER OF TREES SPECIES It -20 2 21-30 3 31 -40 4 41+ 5 2.4.4.34. Shrubs mal hedges. Shrubs shall be a minimum of 24 inches in height above the adjacent pavement surface required to be buffered and/or screened when measured at time of planting, grown in a three -gallon container, and be spaced 18 to 36 inches on center. They shall be at least 36 inches in height within 12 months of time of planting and shall be maintained at a height of no less than 36 inches above the adjacent pavement required to be buffered and/or screened in perpetuity, except for visibility at intersections and where pedestrian access is provided. Hedges, where required, shall be planted in double staggered rows and maintained so as to form a continuous, unbroken, solid visual screen within a minimum of one year after time of planting. Where buffering and/or screening is required, shrubs shall be planted and maintained at a height as specified in section 2.4.7.4 of this code, except where street visibility is required. Double staggered rows of hedges shall be required only in type D buffers. 2.4.4,45. Ground covers. Ground cover shall be installed in a manner which presents a finished appearance and complete coverage. Stone, gravel, or Words struelt threuf�h are deleted; worc:.s underlined are added. -Is- • • words struek ti-tre are deleted; words underlined are added. -19- any artificial ground cover shall not be utilized for more than 20 percent of the landscaped arca. Use of native ground covers is encouraged. 2.4.4.66. Organic mulch requireruews. A two-inch minimum layer after watering - in of organic mulch shall be placed and maintained around all newly installed trees, shrubs, and ground cover plantings. Each tree shall have a ring of organic mulch no less than 12 inches beyond its trunk in all directions. No more than 25 percent by volume of the mulch used on a site may be cypress mulch. 2.4.4.67. /.awn grass. Grassed areas shall he planted with species normally grown in permanent lawns common to the Collicr County area. Grassed areas may be sodded, plugged, sprigged, or seeded provided solid sod shall be used in swales or other areas subject to erosion and provided further, in areas where other than solid sod or grass seed is used, nurscgrass seed shall be sown for immediate ground coverage until permanent coverage is achieved. The use of drought -tolerant species is advised. 2.4.4.-78. Sire-sprcifrc plant rnatcrirrl. Trees and other vegetation shall be planted in soil and climatic conditions which are appropriate for their growth habits. The deaelepmeR!lap nnint; services director shall review and approve land plans based on the following criteria. Required plants used in the landscape design shall be: 2.4.4.8.1. Appropriate to the conditions in which they are to be planted (including drought, salt and cold tolerance). 2.4.4.-78.2. Have noninvasive growth habits. 2.4.4.78.3. Encourage low maintenance. 2.4.4.78.4. Be otherwise consistent with the intent of this division. 2.4.4.9. Non corle trees. The following plant species may be planted but shall not count towards reouired code (roes: 2.4.4.9.1. Eucalyptus sro. (eucalyptus). 2.4.4.9.2 Grcvillca robusta (silk oak). 2.4.4.10. Control species. The following nlant species shall not be planted within 500 feet of conservation casements and retained natural vegetation areas: 2.4.4.10.1 Broussonctia napvrifcra (nancr mulberry). 2.4.4.10.2 Wedclia trilobata - (%vcdclia). 2.4.4.811. Prohibited species. The following plant species fife pFehibited shall not be 3.4 4.9.1. lap ntcd: 14,4 9 '1. 2.4.4.811.31. 3,4,4,9 4, Enterolobium cyclocarpum (car tree). words struek ti-tre are deleted; words underlined are added. -19- 2,4.4.811 S2. Melia azcdarach (Chinaberry tree). 2 3, 3.8.x. section 2.4.4.811, the following species or seeds thereof shall not be 2.4.4.811.83. Bischofia javanica (hishopwood). 2.4.4.811.94. Scaevola frutesccns (Australian inkbcrry). • 2,A.I.R.1A. 2,4 .1 9 1 1, Schinus terebinthifolius (Brazilian pepper). 24,4,8.32, 2.4.4.811.435. F.Heia). Dalbergia sissoo (Indian rosewood). 2.4.4.11.6. Sanium sebifcrum (Chinese tallow tree). 2.4.4.11.7. Ardisia elliptica (shoe button ardisia). This list shall be subject to revision as exotic plant species are determined to be noxious, invasive, cause environmental degradation to native habitats, or to be detrimental to human health, safety, or the public welfare. 2.4.4.912. Prohibited exotic species. In addition to the prohibitions outlined in section 2.4.4.811, the following species or seeds thereof shall not be grown, offered for sale, or transported inter -county or intra -county. 2.4.4.912.1. Mclalcuca spp. (punk tree). 2.4.4.912.2. Schinus terebinthifolius (Brazilian pepper). 2.4.4.912.3. Any member of the family Casuarinacaeae (Australian pine). 2.4.4.912.4. Rhodomyrtus tomentosus (downy rosemyrtle). 2.4.4.12.5. Dioscorca bulbifera (air potato). 2.4.4.12.6. Colubrina asiatica (lather leaf). 2.4.4.12.7. Lygodium spp. (climbing fern). 2.4.4.12.8. Syzygium cumini (lava plum). 2.4.4.12.9. Mimosa nigra (catclaw mimosa). 2.4.4.12.10. Acacia auriculiformis (carlcaf acacia). 2.4.4.12.11. Albizia lebbeck (Women's tongue). 2.4.4.12.12. Ficus microca pr a (laurel fry 2.4.4.413. E.risting plant material. In meeting the requirements of landscaping, the dek'elepmeatlap nning services director may permit the use of healthy native plant material existing on-site. In so doing, the develepment Plannine services director may adjust the application of the standards of ® these regulations to allow credit for such existing plant material, provided, he may not permit the reduction of required percentages of a landscaped area or reduction in numbers of trees or shrubs required, unless otherwise allowed pursuant to section 2.4.4.11. Removal of vegetation is subject to the vegetation removal, protection, and preservation section (division 3.9). words etrttek threttojh are deleted; words underlined are added. -20- All new development shall retain existing native vegetation to the maximum extent possible. Existing native vegetation shall be retained unless stormwater management design, necessary grade changes, required infrastructure or approved construction footprints necessitate its removal. The need to remove existing vegetation shall be demonstrated by the applicant as a pact of the site/construction plan review process. Areas of retained vegetation shall he preserved in their entirety with all Irecs, understory, and ground covers Icf1 intact and undisturbed provided that prohibited exotic plant materials as defined herein are to be removed. . During construction, all reasonable steps necessary to prevent the destruction or damaging of existing vegetation shall he taken. No excess soil, additional till, equipment, liquids, or construction debris shall he placed within the dripline of any vegetation that is required to be preserved, or that will he credited towards the required landscaping. Protective barriers shall he installed and maintained beyond the dripline of all retained vegetation unless site improvements prohibit installation of barriers beyond the dripline, and shall remain in place for the duration of the construction process phase. 2.4.4.4414. Tree preservation credits. Existing trees may be credited towards meeting the minimum tree planting requirements according to the formula in table 2.4.4. Fractional measurements shall be attributed to the next lowest category. TABLE 2.4.4. CALCULATION OF TREE PRESERVATION CREDITS Existing Crown Diameter of Tree at Spread of 4.5 Feet Ab -e Number of Preserved Trees or Natural Grade ` Tree Credits 50 feet or (realer M 26 inches or 9realer 42 40 to 49 feet or 20 to 25 inches t2 30 to 39 feel nr I? to 19 inches ` 41 20 to 29 feet or 9 to 12 inches it 10 to 19 feet or 2 to 7 mehes 1st' Less than 10 rest or 1 112 to 2 inches I 'Credited against equivalent required tree only. 2.4.4.1415. Trees archided front presen-ation credit. No credit shall be given for preserved trees which: 2.4.4.4-215.1. Are not located within the areas of the property for which trees are required by the code; 2.4.4.1-215.2. Are located in required natural preservation areas indicated on an approved master land use plan, site development plan or plat; 2.4.4.4415.3. Are required to be preserved by federal, state or local law, such as mangroves; 2.4.4.4.215.4. Are not properly protected from damage during the construction process, as provided in section 2.4.4.10; 2.4.4.4-215.5. Arc prohibited species identified in section 2.4.4.8; 2.4.4.4215.6. Arc dead, dying, diseased, or infested with harmful insects; Words stzruek ..ti...euSh are deleted; words underlined are added. -21- 2.4.4.4415.7. Are located in recreation tracts, golf courses or similar subareas within planned developments which are not intended to be developed for residential, commercial or industrial use (unless abutting said use, and the required buffer width is dedicated on the plat as a landscape buffer casement); or 2.4.4.44155.8• Arc not located within the boundaries of the parcel. • 2.4.4.4316. Safe sight distance triangles at intersection and access points. Refer 10 Figure I. Sight Distance Triansles Where an acccssway intersects a right-of-way or when a property abuts the intersection of two or more rights-of-way, a minimum safe sight distance triangular area shall be established. Within this arca, vegetation shall be planted and maintained in a way that provides unobstructed visibility at a level between 30 inches and eight feet above the crown of the adjacent roadway. Landscaping shall be located in accordance with the roadside recovery arca provisions of the State of Florida Department of Transportation's Manual of Uniform Minimum Standards for Design, Construction, and Maintenance of Streets and Highways (DOT Green Book) where appropriate. Where an acccssway enters a right-of-way, two safe distance triangles shall be created diagonally across from each other on both sides of the acccssway. Two sides of the triangle shall extend ten feet each way from the point of intersection from the edge of pavement and the right-of-way line. The third side of the triangle shall be a line connecting the ends of the other two sides. Words strue —t-�� are deleted; words underlined are added. -22- LI Where a property abuts the intersection of two rights-of-way, a safe distance triangle shall be created. Two sides of the triangle shall extend 25 feet along the abutting right-of-way lines, measured from the point of intersection. The third side of the triLngle shall -be a line connecting the ends of the other two sides. FIGURE 1• SIGHT jS_jgMF TRiANGLEa Street Pavement 10' -10' _J I 1 1 I Imo\ I I 1 Sale \I I I Right f Wo Access -ay 9hL or Walk I (Prop. Line) Lanescope-,.�..�,.�..r..� I / Duffer 1 ii"i�P4•!iSr?S'•�t�-// Triangles of Required - - - Cross Usability - (Shaded Areas) Parking or Other Vehieular Use Area -ra `✓,1 Area of Required 1.. Cross Visibility e• Y/ - TSO Aecesswoy (Exit) �10' I Edqe of Pavement 10' I I Street Extensions of Rights Swale 1 of Way (Prop. Line) week _ _ _ Londscape Buffer - 25' Triangles of Requireed 1 - Cross Vscblity 11 (Shaved Areas) - - - Parking or Other Vehicular Use Area t niwuwe �-n-r 2.4.4.17. Sijznage located witkin/odiacent to Landscape Buffer Area. All trees and shrubs located within landscape buffer shall be located so as not to block view of signage as shown in Figure 2 Signage Adjacent to Landscanc Buffer. Where specimen trees exist the signage setback location may be administratively reduced rcr the requirements of Division 2.5. Code required plantings shall progress in height away from the street. words aerttelt threttSh are deleted; words underlined are added. -23- 2.4.4.4.318. Landscape herms. All perimeter landscape berms over two feet in height shall meet or exceed the minimum standards as set forth herein. All grassed berms shall have side slopes no greater than four to one. Berms planted with ground cover and landscaping shall have side slopes no greater than three to one. The toe of the slope shall be set back a minimum of five feet from the edge of all right-of-way and property lines. Existing native vegetation shall be incorporated into the berms with all slopes fully stabilized and landscaped with trees, shrubs, and ground cover. Landscape berms shall not be placed within easements without written approval from all entities claiming an interest under said casement. Sec. 2.4.5. Minimum landscaping required for vehicular use areas. 2.4.5.1 Applicahilit-v. The provisions of this section shall apply to all new off- street parking or other vehicular use areas. Existing landscaping which docs not comply with the provisions of this code shall be brought into conformity to the maximum extent possible when: the vehicular use area is altered or expanded except for restriping of lots/drives, the building square footage is changed, or the structure has been vacant for a period of 90 days or more and a request for an occupational license to resume business is made. These provisions shall apply to all developments with the exception of single-family, two-family, esd mobile home dwelling units, and dwellings on individually platted lots. Any appeal from an administrative determination relating to these regulations shall be to the board of zoning appeals or equivalent. Prior to issuing occupancy permits for new construction, implementation and completion of landscaping requirements in off-street vehicular facilities shall be required. Where a conflict exists between the strict application of this division and the requirements for the number of off-street parking spaces or area of off- street loading facilities, the requirements of this division shall apply. 2.4.5.2. Landscaping required in interior of velricular use areas. At least ten percent of the amount of vehicular use area on-site shall be devoted to interior landscaping areas. The width of all curbing shall be excluded from the required landscaped areas. All interior landscaped areas not Words struelt thre are deleted; words underlined are added. -24- dedicated to trees or to preservation of existing vegetation shall be landscaped with grass, ground cover, shrubs or other landscape treatment. One tree shall be provided for every 250 square feet of required interior landscaped arca. Interior landscaped areas shall be a minimum of five feet in width and 150 square feet in arca. The amount of required interior landscape arca provided shall he shown on all preliminary and final landscape plans. All rows of parking spaces shall contain no more than ten parking spaces uninterrupted by a required landscaped island which shall measure inside the curb not less than eight feet in width and at ]cast eight feet in length and at least 100 square feet in area. At least one tree shall be planted in each island. These islands shall not be used as retention areas or as swales. Landscape islands for compact car parking areas shall be at least seven feet in width and at Icast 100 square feet in arca. These tree requirements shall be met with existing native trees whenever such trees arc located within the parking area and may be feasibly incorporated into the landscaping. Where existing trees arc retained in landscape islands. the amount of parking seaces in that row maybe increased to 15. IR -nM imsenee-4;41 & parking stall he no farther than 50 feet from a tree, measured to the tree trunk. Interior landscaping areas shall serve to divide and break up the expanse of paving at strategic points and to provide adequate shading of the paved arca. Perimeter landscaping shall not be credited toward interior landscaping. Interior landscaping areas shall be provided within the interior of all vehicular use areas. Landscaped areas, wall structures, and walks shall require protection from vehicular encroachment through appropriate wheel stops or curbs or other structures. Interior landscaping areas shall meet the requirements of division 2.4.3.5, 2.4.3.6, and 2.4.3.7. Alternative designs may be approved that achieve equivalent results subject to approval by the developmef planning services director. 2.4.5.3. Vehicular overhang of landscape areas. The front of a vehicle may overhang any landscaped area a maximum of two feet, provided the landscaped arca is protected by motor vehicle wheel stops or curbing. Two feet of such landscaped area or walkway may be part of the required depth of each abutting parking spaces. Walkways shall be a minimum of five feet in width if a vehicle is to overhang the walkway. 2.4.5.4. Grecn space required in shopping centers and freestanding retail estahhshments with a floor area greater than 40,000 square jeer. An arca that is at least seven percent of the size of the vehicular use areas shall be developed as green space within the front yard(s) or courtyards of shopping centers and retail establishments and shall be in addition to the building perimeter planting area requirements. The courtyards shall only be located in areas that arc likely to be used by pedestrians visiting the shopping center and retail establishment. The seven percent green space arca shall be in addition to other landscaping requirements of this division, aPA may be used to meet the open space requirements (section 2.0 3.2), • and shall be labeled "Green Space" on all subdivision and site plans. The interior landscape requirements of these projects shall be reduced to an amount equal to five percent of the vehicular use area on site. Green space shall be considered areas designed for environmental, scenic or noncommercial recreation purposes and shall be pedestrian -friendly and aesthetically appealing. Green space may only include the following: Words etruek ehre are deleted; words underlined are added. -25- lawns, mulch, decorative plantings, nonprohibitcd exotic trees, walkways within the interior of the green space arca not used for shopping. fountains, manmade watercourses (but not water retention areas), wooded areas, park benches, site lighting, sculptures, gazebos, and any other similar items that the develepmer# planning services director deems appropriate. Green space shall include: walkways within the interior of the green space arca not used for shopping, a minimum of one foot of park bench per 1,000 square feet of huilding arca, and a minimum of one tree for each 250 square feet of green space area. The green space arca shall use existing trees where possible and landscaping credits will be allowed as governed by table 2.4.4. The green space areas shall be located in areas that are in dose proximity to the retail shopping arca. Benches may also be located in interior landscaped areas and 75 percent of benches may be located adjacent to the building envelope along paths, walkways and within arcades or malls. Sec. 2.4.6. Minimum Landscaping requirements. Landscaping for all new development, including single-family, two-family, multifamily and mobile home dwelling units, shall include, at a minimum, the number of trees set forth below. Areas dedicated as preserves and conservation areas shall not be counted to meet the requirements of this section. Existing trees and other minimum code rcquircd landscaning may be credited to meet these requirements pursuant to subsection 2.4.4.11. Trees shall meet the requirements of section 2.4.4.2. Existing residential development that docs not meet the minimum landscaping requirements of this code shall be required to install the required landscaping before a certificate of occupancy is granted for any improvements to the property. 2.4.6.1. Residential(err-m«#rfu++rilj� developments. One canopy tree per 3,000 square feet of lot arca, or two canopy trees per lot, whichever is greater, with the maximum number required: 15 trees per lot. 2.4.6.2. �1 Afnllifan ily dcn•clopments One canopy tree per 2 000 square feet of nervious site arca excluding preserves This is in addition to other requirements. 2.4.6..23. Industrial and conrurerciul developments One canol2y tree Per 3000 square feet of pervious site arca or one canonv tree per lot whichcecr is grc�, ater. 1.4.6.3.7. Littoral :one planting. All developments that create lake areas shall provide littoral zone plantings of emergent, aquatic vegetation in accordance with rega78t+en6- Section 3.5.7.2.5. 2.4.6,45. Building perimeter plantings. All shopping center, retail, office, anartmcnts, condominiums, clubhotuscs and similar uses shall provide building perimeter plantings in the amount of tee 100 square feet per 1,000 square feet of proposed building gre66 MLnd level floor area. These planting areas shall be located adjacent to the building and shall consist of landscape areas, raised planters or planter boxes that are a minimum of 5 feet wide. Water management areas shall not be mart of this 5 foot planting arca. Sec. 2.4.7 Minimum landscape buffering and screening between uses. words etLcueh thretKj,4 are deleted; words underlined are added. -26- 2,4,7,1, l'nrpose anis intent. The purpose and intent of establishing landscape buffering and screening is to; al reduce the potential incompatibility of adjacent land uses; hl conserve natural resources and maintain open spacer t c1 protect established residential neighborhoods, and enhance community cdcntityi -if; adiiiien, ilia puFpese and eerie is to improve the aesthetic appearance of commercial, industrial, and residential developments through the requirement of minimum • landscaping in ways that harmonize the natural and built environment; promote preservation and planting of native plants and plant tl communities; provide physical and psychological benefits to persons through landscaping by reducing noise and glare; , and by g) screcnieS and buffcriffS the harsher visual aspects of urban development; h1 improve environmental quality by reducing and reversing air, noise, heat, and chemical pollution through the preservation of canopy trees and the creation of shade and microclimatc; J1 reduce heat gain in or on buildings or paved areas through the filtering capacity of trees and vege(ation; sPA 1) promote water conservation by encouraging the use of native and drought -tolerant vegetation and properly zoned irrigation systems through xeriscape. In order to minimize negative effects between adjacent land uses, this division promotes the use of landscape buffers and screens to eliminate or minimize potential nuisances such as dirt, litter, noise, lights, unsightly buildings and structures, and off-street parking and loading areas. Additionally, buffers and screens provide spacing and landscaping to reduce potentially adverse impacts of noise, odor, or lighting. Buffering refers to a strip of land separating adjacent land uses, whereas screening refers to fences, walls, berms, trees, shrubs, or a combination of these screening devices on the buffer strip. 2.4.7.2. Applicability. The buffering and screening shown in sable 2-3-2_4 shall be required under this section and shall apply to all new development. Existing landscaping which does not comply with the provisions of this section shall be brought into conformity to the maximum extent possible when: the vehicular use arca is altered or expanded except for restriping of lots/drivcs, the building square footage is changed, or there has been a discontinuance of use for a period of 90 consecutive days or more and a request for an occupational license to resume business is made. Where a property adjacent to the proposed use is: (1) undeveloped, (2) undeveloped but permitted without the required buffering and screening required pursuant to this code, or (3) developed without the buffering and screening required pursuant to this code, the proposed use shall be required to install the more opaque buffer as provided for in table 2.4. Where property adjacent to the proposed use has provided the more ® opaque buffer as provided for in table 2.4, the proposed use shall install a type A buffer. Where the incorporation of existing native vegetation in landscape buffers is determined as being equivalent to or in excess of the intent of this code. Words -true'_ ``reut-h are deleted; words underlined are added. -27- the develaponem! planning services director may waive the planting requirements of this section. Buffering and landscaping between similar residential land uses may be incorporated into the yards or individual lots or tracts without the mandatory creation of separate tracts. If buffering and landscaping is to be located on a lot, it shall he shown as an casement for bulTcring and landscaping. . The buffering and screening provisions of this code shall be applicable at the time of planned unit development (PUD), preliminary subdivision plat (PSP), or site development plan (SDP) review, with the installation of the buffering and screening required pursuant to section 2.4.3.5. Where a more intensive land use is developed contiguous to a property within a similar zoning district, the develepmen! rlinnin services director may require buffering and screening the same as for the higher intensity uses between those uses. Landscape buffering and screening standards within any planned unit development shall conform to the minimum buffering and screening standards of the zoning district to which it most closely resembles. The de4elopmentlaP nninu services director may approve alternative landscape buffering and screening standards when such alternative standards have been determined by use of professionally acceptable standards to be equivalent to or in excess of the intent of this code. 2.4.7.3. Standards. Unless otherwise noted, all standards outlined in section 2.4.4 shalt apply. Trees and shrubs shall be installed at the height specified in section 2.4.4.2. Water management systems, which shall include retention and detention areas, swales, and subsurface installations, shall be permitted within a required buffer provided they arc consistent with accepted engineering and landscaping practice and the following criteria: 'Vater management systems shall not exceed 50 percent of the square footage of any required side, rear, or front yard landscape buMr. 2. Water management systems shall not exceed, at any location within the required side, rear, or front yard landscape buffer, 70 percent of the required buffer width. A minimum 5 foot wide 10:1 level nlantine area shalt he maintained where trees and hcdecs are reouircd. Exceptions to these standards may be granted on a case-by-case basis, evaluated on the following criteria: a. Water management systems, in the form of dry retention, may utilize an arca greater than 50 percent of the buffer when existing native vegetation is retained at natural grade. . b. For lots of record 10,000 square feet or less in size, water management areas may utilize an area greater than 50 percent of the required side and rear yard buffers. A level planting area of at least three feet in width shall be provided in these buffers. Words are deleted; words underlined are added. -28- 4. Sidewalks and other impervious areas shall not occupy any part of a required Alternative A, B, C, or D type buffcrT exec tai when: a. Driveways and sidewalks are constructed perpendicular to The buffer and pfoy4lifrp ovule direct access to the parcel FAaN ire-peFwAie 1. h. Parallel meandering_ sidewalks occupy the buffer and its width is increased by the cauivalent sidewalk width. • c. A requircd 15-20 foot wide buffer is reduced to a minimum of 10 feet wide and is increased by the 5-10 foot euuivalcnt width elsewhere along that buffer. 2.4.7.4. Tvpes of buffers. Within a required buffer strip, the following alternative shall be used based on the matrix in table 2.4. Alternative A: Ten-foot-widc landscape buffer with trees spaced no more than 30 feet on center. Altcmativc B: Fifteen -foot -wide, 80 percent opaque within one year landscape buffer six feet in height, which may include a wall, fcncc. hedge, berm or combination thereof, including bees spaced no more than 25 feet on center. When planting, a hedge it shall be a minimum of IO Tallon plants 5 feet in hemfitfeet in stircad and sl2accd a minimum 4 feet on center at planting. Alternative C: Twenty-foot-widc, opaque within one year, landscape buffer with a six-foot wall, fcncc, hedge, or berm, or combination thereof and two staggered rows of trees spaced no more than 30 feet on center. Alternative D: A landscape buffer shall be required adjacent to any road right-of-way, external to the development project. The minimum width of the perimeter landscape buffer shall vary according to the ultimate width of the abutting right-of-way. Where the ultimate width of the right -of --way is zero to 99 feet, the corresponding landscape buffer shall measure at least tcn feet in width. Where the ultimate width of the right-of-way is 100 or more feet, the corresponding landscape bufTcr shall measure at least 15 feet in width. Developments of 15 acres or more and developments within an activity center shall provide a perimeter landscape buffer of at least 20 feet in width regardless of the width of the right -of --way. Activity center right-of-way buffer requirements shall not be applicable to roadways internal to the development. Trees shall be spaced no more than 30 feet on center in the landscape buffer abutting a right-of-way. A hedge of at least 24 inches in height at the time of planting and attaining a minimum of 3 feet heicht within one year shall be required in the landscape buffer where vehicular areas are adjacent to the road right-of- way, pursuant to section 2.4.4.3. • The remaining area of the landscape buffer shall consist of existing native vegetation, grass, ground cover, or other landscape treatment. Landscaping within a right-of-way shall not be applied to meet the provisions of this code. Every effort should be made to retain and incorporate the existing native vegetation in these areas. Words . -dek `'--_ are deleted; words underlined are added. -29- TABLE 2.4 TABLE. OF [SUFFER REQUIREMENTS BY LAND USE CLASSIFICATIONS Adjacent Properties District Snhj«t fore ty" Di'mcvuse ,I 2 3 4 5 6 7 9 9 In 11 12 13 I. Agriculture IA') - 11 If 11 11 II A A A A D A . 2. Residential Ni, RSF) smgh-family A A It 11 It n n C It • D 11 _ J. Residential (RMF -6, RMF -12, RMF-16)mul- 11famtly A 11 A It A B B It If • 1) If 4. Residential tnurist IRT) A IT A A n n A B B D If u 5. Vdlage resndcntial (VR) A A It n A B S D II • D It 6. Mobile txnne IMI I) A 11 11 II It A It 11 IT • 1) If II 7. Commercial'(C•1, C -IR, C-2. C -J. C-4, C•5L Business Park (nP) A B B B B B A A A 1) Ian R. Industrials 11) A C n B If B A As A D n n 7. Puhhi; use (P), eommu- unityracility(C'F). A n B B n B A A A• D n (;off Course Clubhouse 10. Planned unit develop- ment (Put)) • • • • • • • • • • p 11. Vehicular nghtsof-way D D D D D D D D D D 11 12. Goff course rmintenance n B B 11 n B IT B B n B A If buildmit 13. GnIf course The letter listed under "Adjacent Properties District" shall be the landscape buffer and screening alternative required. The "-' symbol shall represent that no buffer is required. The PUD district buffer, due to a variety of difTering land uses, is indicated by the "•' symbol, and shall be based on the landscape buffer and screening of the district or use with the most similar types, densities and intensities of use. Where a conflict exists between the buffering requirements and the yard requirements of this code, the yard requirements of the subject zoning district shall apply. 'Buffering in agriculture (A) districts shall be applicable at the time of site development plan (SDP) submittal. 'Industrial (1) zoned property, where abutting industrial (I) zoned property, shall be required to install a minimum five -foot -wide type A landscape buffer adjacent to the side and rear property lints. This area shall not be used for water management. In addition trees may be reduced to 50 feet on center alon? rear and side Perimeter buffers only. This reduction in buffer width shall not apply to buffers adjacent to vehicular rights-of- way or nonindustrial zoned property. 'Buffer areas between commercial outparcels located within a shoring center may be a shared 10' wide. This does not apply to right-of-way buffers. SUBSECTION 3.E: AMENDMENTS TO THE SUPPLEMENTAL DISTRICT REGULATIONS DIVISION Division 2.6, Supplemental District Regulations, of Ordinance No. 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Words are deleted; words underlined are added. -30- Division 2.6 Supplemental District Regulations 2.6.2.2. ACCESSORY STRUCTURES ON WATERFRONT LOTS AND GOLF COURSE LOTS Setbacks Structure to • Front Rear Side Structure(if detached) 4. Swimming pool and/or screen enclosure (one and two-family) SPS 10 feet' SPS N '20 feet where swimming pool decks exceed 4 feet in height above top of seawall or tp of hank. 12. Attached Screen Porch SPS 10 feet' SPS SPS •20 feet where floor or deck of porch exceeds 4 feet in height above ton of seawall or top of bank. 2.6.7. Parking and Storage of Certain Vehicles. 2.6.7.3. Parking of commercial vehicles or commercial equipment in residential areas. 2.6.7.3.1. It shall be unlawful to park a commercial vehicle or commercial equipment on any lot in a residential zoning district unless one of the following conditions exists: (1) The vehicle and/or equipment is engaged in a construction oLserviee operation on the site where it is parked. Thc vehicle or equipment must be removed as soon as the construction or service activity has been completed. (2) The vehicle and/or equipment is parked in a garage; expert -or fully enclosed structure or carport which is structurally or vegetatively screened and cannot be seen from adiacent properties or the street serving the lot. (3) The vehicle is parked in the rear of the main structure and is enclosed within a vegetative screening which conceals the vehicle from the view of neighbors. (4) Automobiles; passenger type vans; and pickup trucksi having a rated load capacity of one ton or less - all of which do not exceed 7.5 feet in height. not 7.0 feet in width. nor 25 feet in length shall be exempted from this section unless otherwise prohibited by a special parking overlay district. (5) Exempted from this section is small commercial equipment such as ladders and pipes which cannot be contained in the vehicle. Said equipment shall be limited to one ladder or one unit of pipe which does not exceed twelve (12) inches in diameter per commercial vehicle Said equinment shall be secured atop the vehicle and shall not extend beyond the length. height or width of the vehicle. Words are deleted; words underlined are added. -31- SUBSECTION 3.F: ADDITION OF ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES • Article 2, Zoning, of Ordinance No. 91-102, as amended, the Collier County Land Development Code, is hereby amended to add Division 2.8. to read as follows: DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS 2.8.1. Purpose and Intent. The purpose of these standards and guidelines is to supplement existing development criteria with specific criteria that apply to the design of commercial buildings and proiects. Commercial development depends on high visihility from maior public streets In turn. their design of buildin(s) and site determines much of the image and attractiveness of tate streetscapcs and character of a community. Massive and/or generic developments that do not contribute to, or integrate with the community in a positive manner can be detrimental to a community's image and sense of place. The coal is to create and maintain a positive ambiance and strong community_ image and identity by providing for architectural and site design treatments which will enhance the visual appearance of commercial development in Collier County, while still providing for design flexibility, These standard� pre intended to enhance the quality of life in Collier County. The prominent styles of architecture in Collier_ County include: a blend of Spanish Mediterranean with barrel tile roofs, stucco facades arches and wood accent members used as typical details: Florida Cracker style, which includt.�s metal roofs and covered porches: and Bermuda/Island Regency which includes white tile roofs with stucco facades and quoins used as typical details. While no particular style of architecture is prohibited herein, the above referenced individual styles, and the intemretation or blending of characteristics associated with these styles are encouraged. These standards and Puidelines incorporate a basic level of architectural design with site design features which incorporate safe and convenient vehicular use areas and pedestrian ways, and landscape, lighting and signage treatments intended to result in a comprehensive plan for building design and site development consistent with theog als, policies and objectives of the Collier County Growth Management Plan and the purpose and intent of this code These reputations are intended to promote the use of Crime Prevention Through Environmental Design (C.P.T.E.D.) principals including: visibility_ visibility for law enforcement and other people in the area• natural surveillance - placing areas of activity where they can be seen by law enforcement and the public: and , defensible space - designing areas which people will take as their own and not be willing to relinquish this space other undesirable activities. ® 2.8.2. Applicability. Provisions of this division are applicable in all commercial zoning districts, commercial components of PUD districts and DRIB and husiness park districts as provided below: Words struelt thre are deleted; words underlined are added, -32- 2 8 2 1 Renovations and Redeveh4ptnent• In the case of additions or renovations to, or redevel Dmcnt of an existing building or project where the cost of such addition renovation or redevelopment exceeds fifty (501 percent of the value of the existing structure(s), or twenty (20) percent of the square footage of the existing structures the provisions of this division shall apply, 2.8.2.2. Disrontinumnre• The provisions of section 1.9-3.2. of this code do not apply to the provisions of section 2.8. which require structural alterations and art superseded by the fpllowing. Where the use of a structure ceases for any reason. • exce2t where governmental action impedes access to the premises for a period of more than three hundred and sixty-five consecutive days the provisions of this code which may require structural alterations shall he adhered to prior to re - occupancy of the structure With respect to vehicular use and required landscape areas the provisions of this section shall apply where the use of a structure ceases for any reason except where governmental action impedes access to the premises fora perind of more than one hundred and eighty consecutive days. • 2.8.2.3. Required Site Develnnment or Improvement Plan. Compliance with the standards set forth in this division shall be demonstrated by submittal of architectural drawings and a site development plan or site improvement plan in accordance with division 3.3 of this code. 2.8.2.4. illustrations• Illustrations provided in division 2.8. arc intended to provide a gra2hic example of a specific provision or eovisions set forth herein Variations from these illustrations which nonetheless adhere to the provisions of this division, are encouraged. 2.8.3. Architectural and site design standards and guidelines for commercial buildings and projects with a gross buildine area of twenty -thousand (20,000) square feet or larger. Compliance with the standards set forth in this section shall be demonstrated by submittal of architectural drawings and a site development plan in accordance with division 3.3 of this code. 2.8.3.1. Off street parking design. As provided for in division 2.3. and subject to the following provisions: g.8.3.1.2. PuMose and Intent Commercial buildings and projects, including their outparcels shall he designed to provide safe convenient, and efficient access for pedestrians and vehicles Parking shall be designed in a consistent and coordinated manner for the entire site. The harking area shall be integrated and designed so as to enhance the visual appearance of the community. 2.8.3.1.3. Desien Standards._ Parking utilizing the same degree of angle, shall be developed throughout the site to provide efficient and safe traffic and pedestrian circulation. A single bay of parking provided along the perimeter of the site may vary in design in order to maximize the number of spaces provided on-site. The mixture of one-way and two-way parking aisles, or differer., degrees of angled parking within any parking area is prohibited, except as noted above, or where individual parking areas are physically seearatgd from one another by a continuous landscape buffer, a minimum rive (5) feet in width with limited access (See Illustrations 1 & 2 below). Fiords are deleted; words underlined are added. MIRK • E SITE LINE STRUCTURE Z20,000 SQ. FT. AREA 4 I QJLI <---STKEET QUI DO THIS Iffus(ration ,hRtA AMY T`fPE- PAR K 10.11 W (I OAY DE[I) A CaLe TY P RKI SITE LINE 1-PAKALLEL PARK(Krq �`J� J 4 gcP 7-- "Ay PARKINia r 14Q+H� SZ tot ooa -' -f-�+ 6a. FT. 906 I-WAY ANGLED I-WAY fARKhaCa �/ rmr.�4t-4e4 DOWT DoThig Illustration 2 2.8.3.1.4. Parking for Single Use Projects Single use projects shall he designed to adhere to the following standards: a) Interior Inns. No more than fifty (SO) percent of the off-street narkine for the entire commercial building or project shall be located between any primary facade of the commercial huildine or project and the abutting street or navigable waterway, or where no parking is provided hetween a primary facade and an abutting right-of-way or navicabte waterway then the minimum set hack from the_right-of-way shall he a minimum of forty (4 0) feet. (see Illustration 3 below Words struek tin are deleted; words underlined are added. -34- E is 5 1 T --:1,. r \ OUILVO ft' APO AIWA 1 1 � EA STRt�cTtSR� Z 2 20t o04 ul $0, rT ou 1Ek t�losr t WALL of ISTMACTUM I in AR STREI=�' Lei F80% OK REQUIREDR K I N G SPACES 15% OF REQUIRED ARKINU �Rt�kZ 2a- 65%OF REQUI le Et ' PARKIKVI AREA # 20-r. OF REQUIRED PARKING --t Illustration 4 2.8.3.1.5. Parkine Structure Standards: A minimum of sixty (60) percent of any primary facade of a parking structure or covered Varking facility shall incorporate two of the following (see Illustration 5 below for examples): a) transparent windows, with clear or lightly-tintedIg ass where pedestrian oriented businesses are located along the facade of the parking structure: h) display windows; c) decorative metal grille -work or similar detailing which provides texture and partially and/or fully covers the parking structure opening(s)m Words _ are deleted; words underlined are added. -36- • • d) art or architectural treatment such m sculpture mosaic. glass Klock, opauue art glass relief work or similar features: or. e) vertical trellis or other landscapingor pedestrian plaza area. 111ustratinn S 2.8.3.2.. lighting 2.8.3.2.1 Purpose and Intent Commercial buildings and projects, including their outparcels shall he designed to provide safe convenient. and efficient lighting for pedestrians and vehicles Lighting shall be designed in a consistent and coordinated manner for the entire site. The lighting and lighting fixtures shall he integrated and designed so as to enhance the visual impact of the project on the community. 2,8,3.2.2. Shielding standards Lighting shall be designed so as to prevent direct glare, ffg jpillage and hazardous interference with tulamm'ye and Pdotrign traffic on adjacent streets and all adjacent properties. 2,8.3.2.3. Fixture height standards. Lighting fixtures shall be a maximum of thirty (30) feet in height within the narking lot and shall he a maximum of fifteen (15) feet in height within non -vehicular pedestrian areas (see Illustration 6 below). Words set-uek thre are deleted; words underlined are added. -37- • Illustration 6 2.8.3.2.4. Design standards. Lighting shall be used to accent key architectural elements and/or to emphasize landscape features. Light fixtures shall be designed as an integral design element that complements the design of the project through style material or color. 2.8.3.3.. Loadine, storaee, mechanical equipment solid waste disposal facilities and other smkc function areas. 2.8.3.3.1. Purpose and Intent. To diminish, in a safe manner, the visual impacts of service functions that may detract or have a negative impact on the streetscaye landscape and/or the overall community image 2.8.3.3.2. Buffering and screening standards. In accordance with t_he-Rrovisions of division 2.4. of this code, loadinr areas or docks outdooryorage trash collection mechanical equipment, trash compaction, truck parking recycling roof top equipment and other service function areas shall be fully screened and out of view from adiacent properties at ground view level when located along primary facades or within view of residentially zoned properties 2.8.3.3.3. Materials and design standards. Screening_ material and design shall be consistent with design treatments of the Primary facades of the commercial building or proiect and the landscape plan. 2.8.3.3.4. Drive-through window standards. Drive-through windows and lanes shall be designed to adhere to the following standards: 1. Drive-through windows shall not be placed between the right-of-way of a primary collector or arterial roadway and the associated building unless the vegetation required for a Type "B" landscape buffer is installed within the buffer width required for the project and maintained along the entire length of the drive-through lane between the drive-through lane and the adjacent right-of-way. As an alternative to the vegetative buffer referenced above a permanent covered Porte- cochere type structure other than awning/canvas type structure(s), may be installed extending the width of the drive-through Words are deleted; words underlined are added. -38- and covering the Service window(s). Such structure shall he integrated structurally and architecturally into the design of the huilding. 2 Only a single drive-through lane is permitted unless associated with a free standing restaurant under fifteen hundred (1.500) square feet which may utilize double drive-through lanes Where douhle drive-through lanes are Provided an area located between the drive-through lane and the building. averaging five (5) feet in width and equal to a minimum of twenty (20) Percent of the aggregate linear footage of the huilding envelope shall he landscaped with trees Palms shruhs and groundcovers. excluding grass. 2.8.3.4. Pedestrian Walkways 2.8.3.4.1. Purpose and intent. To nrovide safe onnortunities for alternative modes of transportation by connecting with existing and future pedestrian and bicycle pal.hways within the county and to provide safe passage from the public right-of- way In the commercial huilding or project and between alternative modes of transportation. 2.8.3.4.2. Pedestrian arress .standards. Pedestrian ways linkages and paths shall he provided from the huilding entry(s) to surrounding streets, external sidewalks, and outparccls Pedestrian ways shall he designed to provide access between parking areas and the building entrance(s) in a coordinated and safe manner. Pedestrian ways may be incorporated within a required landscape perimeter buffer, provided said buffer is not less than ten (10) feet in width on average. Shared pedestrian walkways are encouraged between adjacent commercial projects, 2.8.3.4.3. Minimum ratios. Pedestrian ways shall be provided at a minimum ratio of one for each public vehicular entrance to a proiect, excluding ingress and egress points intended primarily for service. delivery or employee vehicles. 2.8.3.4.4. Mininnat dimensions. Pedestrian walkways shall be a minimum of five (5) feet wide. 2.8.3.4.5. Materials. Pedestrian walkways shall be consistent with the provisions of section 4,5 of the Americans with Disabilities Act (ADA). Accessibility Guidelines. Materials may include specialty pavers, concrete, colored concrete or stamped pattern concrete. 2.8.3.4.6. Pedestrian crossnvalks at building perimeter. Buildingserimeter crosswalks shall be designed and coordinated to move people safely to and from buildings and parking areas by identifying pedestrian crossings with signage and variations in pavement materials or markings. 2.8.3.4.7. Shade. Pedestrian walkways shall provide intermittent shaded areas when the walkway exceeds one -hundred (100) linear feet in length at a ratio of one hundred (100) square feet of shaded area per every one -hundred (100) linear feet of walkway. 2.8.3.5. Building Design. • 2.8.3.5.1. Purpose and intent. To maintain and enhance the attractiveness of the streetscane and the existing architectural design of the community. Buildings shall have architectural features and patterns that provide visual interest from the perspective of the pedestrian: reduce massing aesthetic: recognize local character, and he site responsive. Facades shall be designed to reduce the Words =____'._ hvet � are deleted; words underlined are added. -39- mass/scale and uniform monolithic appearance of large unadorned walls while providing visual interest that will he consistent with the community's identity ,and character (hrou h t e use of detail and scale. Articulation is accom lished by varying the huildinb mass in height and width so that it appears to tx divided into distinct massing elements and details that can he perceived at the scale of the pedestrian (see Illustration 7 helow) Corner lots at an intersection of two or more arterial or collector roads shall fx designed to emphasize their fixation Buildings and structures on corner lots • shall he designed with additional architectural embellishments, such as corner towers or other such design features to emphasize their location as gateways and transition points within the community. 3z3�; `• i I . • MEN mom �•�v.��a��,tttu,tr� I: m ilii iimmn Illustration 7 2.8.3.5.2. Building Orientnrion Srmtdnrdr Facades/elevations that are adjacent to an arterial or collector street or a navigable waterway shall have either windows along no less than fifty (50) percent of their horizontal length or a primary ® customer entrance along said facades Additional entrances and windows facing additional abutting public streets navigable waterways or adiacent buildings are encouraged. Buildings shall be oriented to maximize pedestrian access use and view of any adiacent navigable water bodies Words are deleted; words underlined are added. -40- LJ 2.9.3-5.3. Fnrnde/Wall Height Transition New developments that are located within three - hundred (300) feet of an existing building and are more than twice the height of any existing building within three -hundred (300) feet shall Provide transitional massing elements to transition hetween the existing buildings of lower height within three hundred (300) feet and the proposed development The transitional massing, clement un he no more than tine hundred (100) percent taller than the average height of the adjacent buildings (sec Illustration 8 below). Illustration 8 2.8.3.5.4. Fnrnde standard All primary facades of a building shall be designed with consistent architectural style detail and trim features. In the case of outparcel building all exterior facades shall adhere to the requirements of this division with respect to architectural design treatments for primary facades. 2.8.3.5.5. Massing standards Exterior facades shall he designed to employ the following design treatments on the ground floor: I) No horizontal length or uninterrupted curve of a building facade shall exceed one -hundred (100) linear feet For arcaded facades. no horizontal length or uninterrupted curve of the arcaded facade shall exceed one -hundred and twenty (120) feet but varied lengths are desirable. Proiections and recesses shall have a minimum depth of three (3) feet with twenty-five (25) percent of these having a varied length with _a_minimum differential of one (1) foot (See Illustration 9 below Words atrttek tlireuS4 are deleted; words underlined are added. -41- v� —_- —by USF- 6F STCFPVP MMSIN6 ySTFUrTLAFtE- MEAw tit /•. � � � ...•� •fta..w1i ,�� rata �� � ���; � E.+��%% ,A r�. t• e� l '•- MO RVATIOt-45tltr Tb APJACEW .r's. KOT 7146 Illustration 8 2.8.3.5.4. Fnrnde standard All primary facades of a building shall be designed with consistent architectural style detail and trim features. In the case of outparcel building all exterior facades shall adhere to the requirements of this division with respect to architectural design treatments for primary facades. 2.8.3.5.5. Massing standards Exterior facades shall he designed to employ the following design treatments on the ground floor: I) No horizontal length or uninterrupted curve of a building facade shall exceed one -hundred (100) linear feet For arcaded facades. no horizontal length or uninterrupted curve of the arcaded facade shall exceed one -hundred and twenty (120) feet but varied lengths are desirable. Proiections and recesses shall have a minimum depth of three (3) feet with twenty-five (25) percent of these having a varied length with _a_minimum differential of one (1) foot (See Illustration 9 below Words atrttek tlireuS4 are deleted; words underlined are added. -41- 0 is Illustration 7 2.) Exterior wall planes shall not constitute more than sixty (60) percent of each affected ground floor facade. The wall plane shall be measured at one (1) Loos off the exterior wall surface on each side of the wall Primary facades on the ground Iloor shall have features along a minimum of fifty (50) percent of their horizontal length per affected side These feature{ include, but are not limited to: arcades a minimum of eight (8) feet clear in width: display windows: entry areas• or other such design elements Awnings are excluded from this calculation unless associated with windows/doors and are in increments of ten (10) feet in length or less 2.8.3.5.6. Proiect standards. Both single and multi -use buildings and projects shall also be required to provide a minimum of three of the following building design treatments (see Illustrations 10 and 11 below): a) Canopies or porticos, integrated with the buildings massing and style: b) Overhand c) Arcades, minimum of eight (8) feet clear in width• d) Sculptured artwork: e) Raised cornice parapets over doors• 0 Peaked roof forms: g) Arches% hh) Display windows: i) Ornamental and structural architectural details other than cornices• which are integrated into the building structure and overall design• ]) Clock or bell towers: or. k) Any other treatment which, in the opinion of the Planning Services Director meets the intent of this section: words streelt threttiffh are deleted; words underlined are added. -42- 0 E LLEYATIO N ARCADE ".r,S. FIcYArtO►y AW4NI L ti. GmTtOµ At.+Nttlbp) 5CLTtOµ ELEVAnoN sEGTlon1 FLMTRY FEATL#RE W8. Mustralion 10 Words sti-tie, r1,re are deleted; words underlined are added. -A3- • Illustration 11 and one of the following site design elements: a) Decorative landscape planters or planting areas a minimum of five (5) feet wide, and areas for shaded seating consisting of a minimum of one -hundred (100) square feet: b) Integration of specialty pavers or stamped concrete alone the building's walkway. Said treatmm shall constitute a minimum of sixty (60) percent of walkway area: or. c) Water elements, a minimum of one -hundred and fifty (150) square feet in area. 2.8.3.5.7. Detail Features 2.8.3.5.7.1. Purpose and intent. The design elements in the following standards shall be integral parts of the building's exterior facade and shall be integrated into the overall architectural stvle. These elements shall not consist solely of applied graphics, or paint. 2.8.3.5.7.2. Blank tvall areas Blank wall areas shall not exceed ten (10) feet in vertical direction nor twenty (20) feet in horizontal direction of any --facade. Control and expansion ioints within this area shall constitute blank wall area unless used as a decorative pattern and spaced at intervals of six (6) feet or less Relief and reveal work depth must be a minimum of one half (112) inch (see Illustration 12 below). Words struelt ehreu-gh are deleted; words underlined are added. -44- Illustration 12 2.8.3.5.7.3. Renearint, Facade Treatments. (3uildine facades shall include a rematina nattern and shall include no less than three of the design elements listed below. At least one of these design elements shall repeat horizontally. All design elements shall repeat at intervals of no more than thirty (30) feet, either horizontally or vertically. I . Color change; 2. Texture chanee; 3. Material module chanee; 4. Expression of architectural or structural bays. through a change in plane of no less than twelve (12) inches in width, such as a reveal, an offset, or a projecting rib (see Illustration 13 below.) 5TRUGTU¢K L BAS( "16 Illustration 13 • S, Architectural banding: G. Building setbacks or projections, a minimum of three (3) feet in width on upper level(s);or. Pattern change 2.8.3.5.8. Additional Facade Design Treatments For Multiple Use Buildings Words are deleted; words underlined are added. -45- 2.8.3.5.8.1 Purpose and Inrent. The presence of huildings with multiple tenants create variety, breaks up large expanses of unintcrrurted facades and expands the ranee of the site's activities. Windows and window displays of such stores shall be used to contribute to the visual interest of exterior facades The standards in this section are directed toward those situations where more than one retailer, with separate exterior customer entrances are located within the principal building. • 2.8.3.5.8.2. First Floor Primary Facade Treatments 2.8.3.5.8.2.1. The first floor of the primary facades of such multi -use huildines shall. at a minimum, utilize windows between the heights of three (3) feet and eight (8) feet ahove the walkway grade for no less than fifty (SO) percent of the horizontal length of the building facade. 2.8.3.5.8.2.2. Windows shall he recessed a minimum of one-half ('h) inch and shall include visually prominent sills shutters stucco reliefs or other such forms of framing 2.8.3.5.9. Outparcel s. 2.8.3.5.9.1. Purpose and intent, To provide unified architectural design and site planning hetween outparcel structures and the main structure on the site in order to enhance the visual impact of the structures and to provide for safe and convenient vehicular and pedestrian access and movement within the site 2.8.3.5.9.2. Outporcel resign: All exterior facades of an outparcel structure shall be considered primary facades and shall employ architectural site and landscaping design elements which are integrated with and common to those used on the primary structure on site. These common design elements shall include colors and materials associated with the main structure. When the use of common wall side by side development occurs, continuity of facades and consolidated parking for several businesses on one parking lot may be used. Outparcel structures that are adiacent to each other shall provide for vehicular connection between their respective parking lots and provide for interconnection of pedestrian walkways 2.8.3.5.10. Roof Treatments. 2.8.3.5.10.1 . Purpose and Inrent. Variations in roof lines shall be used to add interest to and reduce the massing of buildings. Roof features shall he in scale with the huilding's mass and complement the character of adjoining and/or adjacent buildings and neighborhoods. Roofing material should be constructed of durable high Quality material in order to enhance the appearance and attractiveness of the community. The following standards identify appropriate roof treatments and features. Words strtiek titre are deleted; words underlined are added. -46- O is 2.8.3.5.10.2. Roof ertgc and parapet treatment. At a minimum of two locations, the roof edge and/or parapet shall have a vertical change from the dominant roof condition a minimum of three (3) feet. At least one such change shall be located on a primary facade adjacent to a collector or arterial right-of-way (sew Illustration 14 below), .�� r��rtaratt�.ri.ra ii ii an tttllttt�rara� tattltlltltttI— • "� � ■■ ii ii a Illustration 14 2.8.3.5.10.3. Roofs shall meet at least two of the following reouirements: I ) Parapets shall be used to conceal roof top equipment and flat roofs; 2) Where overhanging eaves are used, overhanes shall be no less than three (3) feet beyond the supporting walls with a minimum facia of eight (8) inches: 3) Three or more roof slope planes per primary facade (see Illustration 15 below Words are deleted; words underlined are added. -47- likmtrBtton 15 4) Sloping roofs. which do not exceed the average height of the supporting walls. with an average slope greater than or equal to one (1) foot of vertical rise for every three (3) feet of horizontal run and less than or an average slope equal to one (1) foot of vertical rise for every one (I) foot of horizontal run; 5) Three-dimensional cornice treatment which shall be a minimum of twelve (12) inches in height with a minimum of three reliefs: or 6) Additional vertical roof changes with a minimum change in elevation of two (2) feet. 2.8.3.5.10.4. Prohibited roof apes and materials The following types of materials are prohibited: I) Asphalt shingles excent laminated three -hundred -twenty (320) pound shirt 30 year architectural grade as halt shingles or better• 2) Mansard roofs and canopies without a minimum vertical distance of eight (8) feet and at an angle not less than twenty-five (25) degrees and not greater than seventy (70) degrees,• 3) Roofs utilizing less than or equal to a two (2) to twelve (12) pitch unless utilizing full parapet coveralZe: and 4) Back -lit awnings used as a mansard or canopy roof. 2_8.3.5.11. Entryways/Customer Entrance Treatments Words are deleted; words underlined are added. -48- 2 8 3 S 11 I. Prunose and Intent Entryway design elements and variations are intended to give protection from the sun and adverse weather conditions. These elements are to he integrated into a comprehensive design style for the nroiect. 2.8.3.5.11.2. rntrysvays/Custoner burunre Standards 'These standards identify appropriate entry features. 2.8.3.5.11.2. 1Single Use Buildings Singlc use buildings shall have clearly defined, highly visible customer entrances which shall include the following: a) An Outdoor natio area adiacent to the customcr entrance, a minimum of two hundred (200) square feet in area which incnrpnrates the fnllowing: 1) benches or other seating components: 2) decorative landscape planters or wing walls which incorporate landscaped areas: and 3) structural or vegetative shading. 2.8.3.5.11.2.2. Multiple use buildings and pmierts Multi -use structures shall include the following : 1) Anchor tenants shall provide clearly defined, highly visible customer gntrances. 2) A provision for intermittent shaded outdoor community space at a minimum of one (1) percent of the total gross floor area of the buildi� or commercial nroiect Said community snace shall be located off or adjacent to the circulation path of the complex or main structure and shall incorporate benches or other seating components. 2.8.3.5.12. Materials and Color. 2.8.3.5.12.1. Purpose and Intent Exterior building colors and materials contribute significantly to the visual impact of a building on the community. They shall he well-designed and integrated into a comprehensive design style for the project. 2.8.3.5.12.2. Erterior Building_ Materials standards. 2 8 3 5 12 2 1 Predominant exterior building materials shall include, but arc not limited to: 1) Stucco: 2) Brick: 3) Tinted textured other than smooth or ribbed, concrete masonry units: or 4) Stone exciuding an ashlar or rubble construction look. 2.8.3.5.12.2.2. Predominant exterior building material that are prohibited include: Plastic siding: 2) Corrugated or reflective metal panels: 3 Tile,• 4) Smooth or rib faced concrete block: and 5) Applied stone in an ashlar or rubble look. 2.8.3.5.12.3. Predominant Exterior Color(s). 2.8.3.5.12.3.1 The use of black or fluorescent colors is prohibited as the predominant exterior building color(s). Words struek threuej4i, are deleted; words underlined are added. -49- 2.8.3.5.12.4. Building Trim Color(s). 2_.8.3.5.12.4.1. Building trim and accent areas may feature any colors) limited to ten (10) percent of the affected facade segment with a maximum trim height of twenty four (24 ) inches total for its shortest distance - - - - - - r7 ana z.o,o.��, of tots a Klc An approved h1zhtingplan consistent , -'t the provisions of section f5.8.1.5.2. of this code shall he provided 2.8.3.6. Signage: 2.8.3.6.1. Purpose and intent: Signs are intended to be designed to complement rather than detract from the visual impact of a commercial development by utilizing design elements consistent with those employed in the structure's architecture and by minimizing conflicts with on-site landscaping areas and vehicular use areas. 2.8.3.6.2. Development standards: In addition to the provisions set forth in division 2.5 - Of 5of this code. the following standards shall apply. 2.$.3.6.2.1. Unified Sign Plan-• Where multiple on -premise signs are proposed for a single site or proiect, or in the case of a shopping center or multi -use building a unified signage plan shall be employed An application for Site Development or Site Improvement Plan approval shall he accompanied by a graphic and narrative representation of the unified signage plan to be utilized on the site. The unified sign plan may be amended and resubmitted for approval to reflect style changes or changing tenant needs Design elements which shall be addressed in both graphic and narrative form include: a) Adherence with the provisions of division 2.5. of this code- b) colors: C) construction materials and method• d) architectural design: C) illumination method: Q_ copy style: sign type(s) and location(s)o and g) in the case of multi -use buildings and parcels with multiple structures on site, including outparcels, the unified sign plan shall indicate conformance with the following: No wall sign shall exceed eighty (80) percent of the width of the Unit(5) occupied by a business with a minimum of ten (10) percent clear area on each outer edge of the unit($): 2) All wall signs for multi -use buildings shall be located at a consistent location on the building facade. -except that anchor tenants may vary from this locational requirement in scale with the anchor's larger primary facade dimensions All signs shall adhere to the dimensions provided for in the unified signage plan; and 3) Pole signs shall provide a pole cover with architectural design features, including colors and/or materials common to those used in the design of the building the sign is accessory to. A minimum one -hundred (100) square foot planting area shall be provided around the base of any ground or pole sign consistent with the provisions of division 2.5. of this code (see Illustration 16 below). Words are deleted; words underlined are added. -50- 0 MAx1MUM 51(,%W AREq Q � NOT TO 1rXr F-Ec Coo S.F. :y (W IVTH 0 P $IC -,N SHALL. t✓✓ NOT ExLEED TWILE TtfE x � HEl6HT 4 V1 CE Vf-R' , � Q 5UPPOP-1 STRUGTUgz s I CONCEALMENTOF -O I Sc.tPPORT 5TuUCTURE MUST i3E 5ETWEeH 20 At1c> 100 `IO OF 714E S1&1N WIDTH I I I I PLAr.4T AREA-IC�oS,F Illustration 16 2.8.3.6.2.2. Outnnrrelt• In addition to the shove requirements unified sign plans for ourparcels regardless of the size of the oumarcel, shall be limited to the following: a) a wall sign for any facade adiacent to a public right-of-way and a wall sign for any facade facing the main commercial center, not to exceed a maximum of two wall signs for any single use: and. b) a single ground or pole sign not to exceed sixty (60) square feet. Pole signs shall he limited to fifteen (15) feet in height. 2.8.3.6.2.3. Building Permit Requests Requests for building permits for Permanent on - premise signs shall adhere to the unified signage plan which shall be kept on file in the community development and environmental services division. Requests to permit a new sign or to relocate replace or structurally after an existing sign shall be accompanied by a unified sign plan for the building or project the sign is accessory to Existing permitted signs may remain in Place; however, all future requests for permits whether for a new sign, or relocation, alteration or replacement of an existing Sign shall adhere to the unified sign plan for the property. 2.8.3.7. Landscaping In addition to the requirements of section 2.4.. "Landscaping and Buffering" the following requirements shall apply. • 2.8.3.7.1. Purpose and intent: To provide enhanced landscaping within the vehicular and pedestrian use areas of large commercial buildings and proiects. Such landscaping is intended to enhance the visual experience of the motoring and pedestrian public commonly referred to as the "streetscape". while adhering to the purpose and intent set forth in division 2.4. of this code. Landscaping should he used to enhance and complement the site design and building architecture. words uelt rzhtme..4 are deleted; words underlined are added. -51- • 2.8.3.7.2. Landsra in . The following re uirements with the exce tion of building perimeter plantings shall be counted toward the required greentpace and open space requirements of division 2.4. of this code 1. At time of planting, trees in vehicular use area- Shall L- a minimum of twelve (12) to fourteen (14) foci height with a six (6) foot spread and a two and one- half (21/1") inch caliper and shall have a clear trunk area to a height of seven (7) feet 2. The first row of landscape islands located closest to the building front and sides shall he landscaped with trees palms shruhs and groundcovers and shall have a clear trunk area to a height of seven (7) feet (see Illustration 17 below). LANtx-APIR& FIRST t�oV4 or LAfNpZAf C f5L,& GM GL��T To �utwll�. Illustration 17 3, Tree and lighting locations shall he designed so as not to conflict with one another (see Illustration 18 below) Words ;z}3 are deleted; words underlined are added. -52- t'^ �J'IN1 '�:—�20 -U�r,2\ �Oa^t do +,h ie�) �oMp�Tt�t,� 7Rf,,?, AW Ll�IW--:,, PC-00� Illustration 18 2.8.3.7.3. locational Requirements for Building Perimeter PlanrinAs as Required by Section 2.4.6.5. of this rode; 1 Perimeter IandscaCc VIantinFs shall he located adiacent to the primary building facade including building entrance areas plazas, and courtyards. These areas shall be landscaped with any combination of trees, palms, shrubs and ground covers (see Illustrations 19 and 20 below). words uek .h.-�h are deleted; words underlined are added. -53- 0 FLAKTJ 111ustration 19 �crRY No F04meAr� t to nii yl( pQ`tit ao ��ILC�INC Pi�IM�E;z Illustration 20 Words e} are deleted; words underlined are added. -54- e B 2, Building perimeters shall include Plantings at a ratio of one -hundred (100) square feet of planters Per one -thousand (1,000) square feet of building cround floor area. Planters shall either he raised or at ground level and he a minimum of ten (10) feet wide. Seating courtyards, eating areas and Plazas may incorporated within them (sec Illustration 21 below), VCJ LV i� i Illustration 21 2.8.3.7.4. Natural and Manmade Bodies of Water Includine Retention Areas: The shape of a manmade body of water, including wet retention areas shall he designed to appear natural by having off -sets in the edge alignment that are a minimum of ten (10) feet and spaced fifty (50) feet apart. All bodies of water, including wet retention areas, exceeding 20,000 square feet in area which are located adiacent to a public right-of-way, shall be incorporated into the overall design of the project in at least one of the following ways (see Illustration 22 below). Words etruek ehreuEj4are deleted; words underlined are added. -55- p 50 too tf+.: F 50 + eObY Of= 050 KA-Tf�g SNAP ico 19cn.'t d.o -N%iv- Illustration 22 1. Provide a five (5) foot wide walkway with trees an average of fifty (50) feet on center and shaded benches a minimum of six feet (6') in length or picnic tables with one located every one -hundred -fifty 050') feet 2. Provide a public access pier with covered structure and seating 3. Provide an intermittent shadedplaza/courtyard a minimum of two hundred (200) square feet in area, with benches and/or picnic tables adjacent to the water body_ 2.8.4. Architectural and site design standards and guidelines for commercial buildings and projects under twenty thousand (20,000) square feet in size 2.8.4.1 LightinE 2_.8.4.1.1 Purpose and Intent. Commercial buildines and moiects including their outparcels shall be desiened to provide safe, convenient and efficient lighting for pedestrians and vehicles. Lighting shall be designed in a consistent and coordinated manner for the entire site. The lighting and fi Ming fixtures shall be integrated and designed so as to enhance the visual impact of the proiect on the community. • 2_.8.4.1.2. Shielding standards. Lighting shall be designed so as to prevent directglare light spillage and hazardous interference with automotive and pedestrian traffic on adjacent streets and all adjacent properties. Words are deleted; words underlined are added. -56- • 2.8.4.1.3. Fixture height standards Lighting fixtures shall be a maximum of thirty_ (30) feet in height within the parking lot and shall be a maximum of fifteen 051 feet in height within non -vehicular pedestrian areas (see Illustration 23 below). tttustratton 23 2.8.4.1.4. Design standards Lighting shall be used to accent key architectural elements and/or to emphasize landscape features Light fixtures shall be designed as an integral design element that complements the design of the proiect through style, material or color. 2.8.4.2.. LondinE storage mechanical equipment solid waste disposal facilities and other service function areas. 2.8.4.2.1. Purpose and Intent To diminish in a safe manner, the visual impacts of service functions that may distract or have a negative impact on the streetscape, landscape and/or the overall community image. 2.8.4.2.2. Buffering and screening standards. In accordance with the provisions of division 2.6. of this code loading areas or docks, outdoor storage. trash collection, mechanical equipment trash compaction truck parking recycling, roof top equipment and other service function areas shall be fully screened and out of view from adiacent properties at ground view level when located along primary facades or within view of residentially zoned properties. 2.8.4.2.3. Materints and design standards. Screening material and design shall be consistent with design treatments of the primary facades of the commercial building or proiect and the landscape plan. 2.8.4.2.4. Drive-through window standards. Drive-through windows and lanes shall be designed to adhere to the following standards: 1. Drive-through windows shall not be placed between the right-of-way of a primary collector or arterial roadway and the associated building, unless the vegetation required for a Type "B" landscape buffer is installed within the words are deleted; words underlined are added. -57- buffer width required for the project and maintained alone the entire length of the drive-through lane between the drive through lane and the adiacent ri ht-uf-wa . As an alternative to the vegetative buffer referenced ahove, a permanent covered Porte- cocherc type structure other than awnin2kanvas type structure(s), may he installed, extending the width of the drive through and covering the service window(s) Such stricture shall he integrated structurally and architecturally into the design of the buildings 2. Only a single drive-through lane is permitted unless associated with a free standing restaurant under fifteen hundred (1,500) square feet which may utilize double drive-through lanes Where douhlc drive thmuFh lanes are provided, an area located between the drive-through lane and the building. averaging five (5) feet in width and equal to a minimum of twenty (20) percent of the aggregate linear Notage of the building envelope shall he landscaped with trees palms shruhs and groundcovers excluding grass 2.8.4.3. Pedestrian Walkways 2.8.4.3.1. Purpose and intent To provide safe opportunities for alternative modes of transportation by connecting with existing and future pedestrian and bicycle pathways within the county and to provide safe passage from the public right -of way to the commercial building or project and between alternative modes of transportation. 2.8.4.3.2. Pedestrian arress standartfs Pedestrian ways linkages and paths shall txt provided from the building entry(s) to surrounding streets external sidewalks and outparcels. Pedestrian ways shall be designed to provide access between parking areas and the building entrance(s) in a coordinated and safe manner. Pedestrian ways may be incorporated within a required landscape perimeter buffer. provided said buffer is not less than ten (10) feet in width on average Shared pedestrian walkways are encouraged between adjacent commercial fp olects. 2.8.4.3.3. Minimum ratios. Pedestrian ways shall be provided at a minimum ratio of one for each public vehicular entrance to a proiect excluding ingress and egress points intended primarily for service delivery or employee vehicles 2.8.4.3.4. Minimum dimension Pedestrian walkways shall be a minimum of five (5) feet wide. 2.8.4.3.5. Materials. Pedestrian walkways shall be consistent with the provisions of section 4.5 of the Americans with Disabilities Act (ADA) Accessibility Guidelines. Materials may include specialty pavers concrete colored concrete or stamped pattern concrete. 2.8.4.3.6_. Pedestrian crosswalks at building perimeter. Building perimeter crosswalks shall be designed and coordinated to move people safely to and from buildings and parking areas by identifying pedestrian crossings with signage and variations in pavement materials or markings 2.8.4.3.7. Shade. Pedestrian walkways shall provide intermittent shaded areas when the walkway exceeds one -hundred (100) linear feet in length ata ratio of one hundred (100) square feet of shaded area per every one -hundred (100) linear feet of walkway. 2.84.4. Building Design Words struele threttoAh are deleted; words underlined are added. IM -15 E 2.8.4.4.1. Purpose and intent To maintain and enhance the attractiveness of the strectscane and the existing architectural design of the community. Buildings shall have architectural features incl patterns ilial provide visual interest from the Perspective of the pedestrian• reduce massing aesthetic: recngnize local character,• and he site responsive facades shall he designed to reduce the mass/scale and uniform monolithic appearance of large unadorned walls, while providing visual interest that will he consistent with the community's identity and character through the use of detail and scale. Articulation is accomplished by varying the buildings mass in height and width so that it appears to he divided into distinct massing elements and details that can he perceived at the scale of the pcdcstrian (sec Illustration 24 below). Corner lots at an intersection of two or more arterials or maior collector roads shall he designed to cmphasize their location Buildings and structures on corner lots shall be designed with additional architectural embellishments such as corner towers, or other such design features, to emphasize their location as gateways and transition points within the community. • /✓ni.J7�jZi • `��I �titttratt�tt�� Illustration 23 2.8.4.4.2. Bniidine Orientation Standards. At least two primary facades on building~ between 5.000 square feet and 19.999 square feet in gross building area shall have either windows along no less than thirty-three (33) percent of their horizontal length or a primary customer entrance along said facades For Words atrtteare deleted; words underlined are added. -59- huildines less than 5.000 square feet in area, the windows and primary customer entrance may he located along a single primary facade, provided the window and customer entrance areas are equal to the horizontal length of that facade, and in aggregate. are equal to no less than twenty-five (25) percent of the combined horizontal length of the two longest primary facades Entrances and windows on additional primary facades are encouraged Buildings shall he oriented to maximize nedestrian access use and view of any adiacent navigahle water bodies. 2.8.4.4.3. Farade/Wnll lleiehl TransitionNew developments that are located within three hundred (3G0) feet of an existing huilding and are more than twice the height of any existing huilding within three -hundred (3(X)) feet shall provide transitional massing elements to transition between the existing buildings of lower height within three -hundred (300) feet and the proposed development The transitional massing element can he no more than nne-hundred (100) percent taller than the average heiltht of the adjacent buildings (see Illustration 25 below) SCA -.c4 RELAmor4srttp7O AD-3AC -L4T EXtt;rr IKCa BY USE OF STEPPMp MAs51N6 NE14 �{ r of NEW 6TR"c:T"ME- � ® •r��—�,• ��--Extsnnu, DO T Hie, NOT TH6 Illustration 25 0,14VAI'm --m 2.8.4.4.4. Facade .uandardr. All primary facades of a building shall be designed with consistent architectural style and detail and trim features In the case of outparcel huildines, all exterior facades shall adhere to the requirements of this division with respect to architectural design treatments for primary facades 2.8.4.4.5. Mossing standards. Fxterior facades Shall he designed to employ the following design treatments: 1.) No horizontal length or uninterrupted curve of the eround floor of any primary facade, for buildings between 10,000 and 19.999 square feet in gross building area, shall exceed fifty (50) feet with the maximum being eighty (80) feet for arcades but varied lengths are desirable For huildines under 10,000 square feet no horizontal length, or uninterrupted curve, of any primary facade shall exceed thirty-five (35) Words are deleted; words underlined are added. -60- feet, with the maximum heing sixty (60) feet for arcades, but varied lengths are desirable. Proiections and recesses shall have a minimum depth of eight (8) inches and a minimum width of ►wenty-four (24) inches. All huildings shall provide a minimum of one offset per public street or navigahle waterway. nr huildines between 5,000 scuare feet end 19,999 soyare feet in gross buildine area, exterior wall planes shall not constitute more than fifty (50) percent of each affected ground floor facade over thirty (30) feet, O The wall plane shall he measured at one (1) foot off the exterior wall surface on each side of the wall. LI Primary facades on the ground floor for buildings between 5,000 square feet and 19,999 square feet in gross building area shall have arcades - minimum of six (6) feet clear in width, display windows, entry areas, or other such features alone no less than thirty-three (33) percent of the horizontal length for each primary_ facade. Awnings are excluded from this calculation unless associated with windows/doors in increments less than ten (10) feet, 2.8.4.4.6. Proiect standards. Both single and multi -use buildings and projects shall also he required to provide a minimum of three (3) of the following building design Ircatments (see Illustration 26 below): a) Canopies or porticos, integrated with the building massing and style: h) Overhangs: c) Arcades, a minimum of six (6) feet clear in width: d) Sculptured artwork: e) Raised cornice parapets over doors: f) Peaked roof forms: e) Arches: h) Display windows: 0 Ornamental and structural architectural details, other than cornices: which are integrated into the building structure and overall design: i) Clock or bell towers: or, k) Any other treatment which, in the opinion of the planning services director, meets the intent of this section: and one of the following site design elements: a) Decorative landscape planters or Canting areas, a minimum of five (5) feet wide, and areas for shaded seating_ consisting of a minimum of one -hundred (100) square feet: h) Integration of specialty pavers, or stamped concrete along the buildings walkway. Said treatment Shall constitute a minimum of sixty (60) percent of walkway area: or, c) Water element(s), a minimum of one -hundred -and fifty (150) square feet in area; Words o__•_elt t'_ -_e_;! are deleted; words underlined are added. -61- E LLEYAMO N A� u.r,S. 6ELT1OK LU-YArlo►y AwNtrar F1EVAnoN ENTIfYArURfi >aTAY . Illustration 26 2.8.4.4.7. Detail Features se nm4 2.8.4A.7. I. Purpose and intent. The design elements in the following standards shall be Integral Parts of the building's exterior facade and shall be integrated into the overall architectural style. These elements shall not consist solely of applied graphics, or paint 2.8.4.4.7.2. Blank wall areas. Blank wall areas shall not exceed ten 10 feet in verb cal direction nor twenty (20) feet in horizontal direction of any facade Control and Words are deleted; words underlined are added. -62- • • expansion ioints within this area shall constitute blank wall area unless used as a dccoritive Pattern and spaced at intervals of Six (6) feet or less. Relief and reveal work depth must he a minimum of one half (1/2) inch (see Illustration 27 hclow). Illustration 27 2.8.4.4.7.3. Repeatine Facade Treatments Building facades shall include a reMating pattern and shall include no less than two of the elements listed below. At least one of these elements shall repeat horizontally. All elements shall repeat at intervals of no more than twenty-five (25) feet, either horizontally or vertically. 1. Color change: 2. Texture change: 3. Material module change: 4 Expression of architectural or structural bays through a change in plane of no less than twelve (12) inches in width, such as a reveal, an offset, or a rroiecting rib (see Illustration 28 below.) : R F -V eA LS 'SIRUGTUlzA t_ BAY Wt4. or'vscr' --s?—FX - �Jcznlj �, K15 Illustration 28 Words st!�uek thre are deleted; words underlined are added. MANO 5. Architectural banding: 6. Building setbacks or projections, a minimum of three (3) feet in width on upper levels):or. 7. Pattern change 2.8.4.4.8. Outparrels. 2.8.4.4.8.1. Purpose and intent To provide unified architectural design and site planning between outnarcels and the main structure on site in order to enhance the Svisual experience for the vehicular and pedestrian public and to provide for safe and convenient vehicular and pedestrian access and movement within the site. 0 2.8.4.4.8.2. Outnarrel design: All exterior facades of a_noutparcel buildint shall be considered primary facades and shall employ architectural site and landscMint design elements which are integrated with and common to those used on the primary structure on site These common design elements shall include eokKs and materials associated with the main structure When the use of eon rxyn w?!1 side by side development occurs continuity of facades and consolidated parking for several businesses on one parking lot may be used Oatnareds that err adjacent to tach other are encouraged provide for vehicular connection t—cnvm parking lots and provide for pSdestrian interconnection Q m+arcels shaft be I&signccl and integrated with the main project 2.8.4.4.9. Roof Treatments. 2.8.4.4.9.1. Purpose and Intent. Variations in roof lines shall be used to add interest to and reduce the massing of buildings Roof features shall be in scale with the building's mass and complement the character of adioining and/or adjacent buildings and neighborhoods. Roofing material should be constructed of durable high quality material in order to enhance the appearance and attractiveness of the community. The following standards identify appropriate roof treatments and features. 2.8.4.4.9.2. Roof edge and Darapet treatment At a minimum of two locations the roof edge and/or parapet shall have a vertical change from the dominant roof condition, a minimum of three (3) feet. At least one such change shall be located on a primary facade adjacent to a collector or arterial right-of-way (see Illustration 29 below). words are deleted; words underlined are added. -64- 0 taDOo ___ �rari Late^.,.•li��vu:.v./ t• tats��� mustration 29 2.8.4.4.9.3. Roofs shall meet at least two of the following requirements: 1) Parapets shall be used to conceal roof top equipment and flat roofs• 2) Where overhanging eaves are used, overhangs shalt be no lees than three (3) feet beyond the supporting walls with a minimum facia of five (5) inches: 3) Three or more roof slope planes per primary facade (see Illustration 30 glow Words ettttek thre are deleted; words underlined are added. -65- 111tcstratlon 30 4) Sloping roofs. which do not exceed the average height of the supporting walls, with an average slope greater than or equal to one (1) foot of vertical rise for every three (3) feet of horizontal run and less than or an average slope equal to one (1) foot of vertical rise for every one (1) foot of horizontal run: 5) Three-dimensional cornice treatment which shall be a minimum of ten (10) inches in height with a minimum of three reliefs• or 6) Additional vertical roof changes with a minimum change in elevation of two feet. 2.8.4.4.9.4.. Prohibited roof types and marerials The following types of materials are prohibited: 1) Asphalt shingles, except laminated, three -hundred -twenty (320) pound thirty (30) year architectural grade asphalt shingles or better• 2) Mansard roofs and canopies without a minimum vertical distance of six (6) feet and at an angle not less than twenty-five (25) degrees and not ereater than seventy (70) degrees: • 3) Roofs utilizing less than or equal to a two (2) to twelve (12) pitch unless utilizing full parapet coverage: and 4) Back -fit awnings used as a mansard or canopy roof. 2.8.4.4.10. Entryways/Customer Entrance Treatments Words are deleted; words underlined are added. -66- 2.8.4.4.10.1. Purpose and httent Entryway design elements and variations are intended to give protection from the sun and adverse weather conditions. These element rc to be integrated into a comprehensive design style for the nroiect. 2.8.4.4.10.2. Entryways/Customer Entrance Standards These standards identify appropriate entry,features. 2.8.4.4.10.2.1 Single Use Buildings Single occupancy use buildings between 10.000 square feet and 19,999 square feet in area shall have clearly defined. highly visible . customer entrances which shall include the following: a_) An outdoor natio area adiacent to the customer entrance, a minimum of fifty (50) square feet in area and which incorporates two of the fnllowing: 1) benches or other seating components; 2) decorative landscape planters or wing walls which incorporate landscaned areas: and 3) structural or vegetative shading. 2.8.4.4.10.2.2. Multiple Use Buildings and Projects Multi -use structures between 10.000 square feet and 19.999 square feet in area shall include the following : 1) Anchor tenants shall provide clearly_ defined highly visible customer entrances 2) A provision for intermittent shaded outdoor community space at a minimum of one (1) percent of the total gross floor area of the building or commercial proiect Said community space shall be located off or adjacent to the circulation path of the complex or main structure and shall incoMorate benches or other seating components. 2.8.4.4.11. Miscellaneous Structures. 2.8.4.4.11.1. Outside Play Strucrures Outside play structures shall not exceed fifty (50) percent of coverage along the affected facade. No portion of any play structure located between the front building line and any adjacent right-of-way shall exceed a height of twelve (12) feet as measured from existing, ground elevation. in all other cases no portion of any play structure shall exceed a maximum height of sixteen (16) feet as measured from existing ground elevation. Play structures shall be limited to earthtone colors with a maximum of three color variations. 2.8.4.5. Materials and Color. 2.8.4.5.1. Purpose and Intent Exterior building, colors and materials contribute significantly to the visual impact of a building on the community. They shall be well-designed and integrated into a comprehensive design style for the nroiect. 2.8.4.5.2. E.rterior Building Materials standards. 2.8.4.5.2.1. Predominant exterior building materials shall include. but are not limited to: • 1) Stucco: 2) Brick: 3) Tinted textured, other than smooth or ribbed, concrete masonry units: or 4) Stone excluding an ashlar or rubble construction look. 2.8.4.5.2.2. Predominant exterior building material that are prohibited include: Wozds o___-'_ through are deleted; words underlined are added. -67- 1) Plastic siding; 2) Corrugated or reflective metal panels• Tile• 4) Smooth or rib faced concrete block• and 5) Applied stone in an ashlar or ruhhle look 2.8.4.5.2.3. Predominnnt Exterior Color(t) 2.8.4.5.2.3.1 The use of black or fluorescent colors is prohibited as the predominant 0 building color(s). O 2.8.4.5.2.4. Building Trim Color(t) 2.8.4.5.2.4.1. Building trim and accent areas may feature any co_lorts). limited to ten percent of the affected facade segment with a maximum trim height of twenty four (24 ) inches total for its shortest distance 2.8.4.5.2.4.2. Neon or neon type tubing shall he permitted 2rovidcdd for in sections 2.5.6.21, and 2.5.6.22. of this code An approved lighting plan consistent with the Provisions of section 2.5.8.1.5,2. of this code shall he provided 2.8.4.6. Signage: The provisions of section 2,8.3.6. Ihall also apply to commercial buildings and projects with less than 20,000 square fect of building area, 2.8.4.7. Natural and Manmade Bodies of Water (Including Retention Areas): 2.8.4.7.1. The shape of a manmade body of water, including wet retention areas shall be designed to appear natural by having off -sets in the edge alignment that are a minimum of ten (10) feet and spaced fifty (50) feet apartNatural and manmade bodies of water, including wet retention areas exceeding 20,000 square feet in area, which are located adiacent to a public right-of-way shall be incorporated into the overall design of the project in at least one of the following ways (see 111ustration 31 below): Words are deleted; words underlined are added. -68- CI f+: 5�° i6 "0 t 90 +Anis D sFo tai t�D`i OF 50 + SNAP Ico f belt d T Illustration 31 I Providing a minimum five (5) foot wide walkway with trees an average of fifty (50) feet on center and shaded minimum of six (6) foot tong benches or Picnic tables every one -hundred -fifty (150) linear feet. 2 Providing a public access pier with covered structure and seating. 3 Providing a Plaza/courtyard two -hundred (200) square feet minimum. with shaded benches and/or picnic tables adiacent to the water body. 2.8.5 Exceptions and Interpretations, 2 8 5 1 Exreprions• Exceptions to the Provisions of this code may be granted by the board of county commissioners in the form of.a PUD zoning district where it can be demonstrated that such exceptions are necessary to allow for innovative design which while varyingfrom one or more of the provisions of this division. nonetheless are deemed to meet the overall Purpose and intent set forth herein. In the case of individual commercial buildings or projects, where site specific factors may impact the ability to meet these standards, variance from one or more of the provisions of this division may he requested pursuant to the procedures set forth in section 2.7.5. of this code. • 2.8.5.2. Imerprerations During the course of review of an SDP or SIP, as the case may be should an applicant and staff he unable to concur on the application of a specific Provision or provisions of this division, the community development and environmental services administrator shall be authorized to make a final determination The community_ development and environmental services administrator shall render his finding in writing within fifteen (15) days of Words etruelt threttqh are deleted; words underlined are added. -69- receipt of a written request from the applicant The applicant mawappeal the 4etcrmination of the community development and environmental services administrator to the hoard of zoning appeals pursuant to the procedures set forth in section 1.6.6 SUBSECTION 3.G: AMENDMENTS TO SUBDIVISION DIVISION Division 3.2, Subdivisions, of Ordinance No. 91-102, as amended, the Collier County • Land Development Code, is hereby amended to read as follows: Division 3.2 Subdivisions 3.2.4.11.3 Building permits for rural subdivisions. Prior to the issuance of a building permit for any property in the rural area, which by definition in division 6.3 is deemed to be a rural subdivision, the owner of the property applying for the building permit must provide verification that he or she has an existing means of access to the property and the existing means of access to such property must be improved to the standards established by this subsection. Said access may be: (a) Naturally cleared accessway a minimum of 24 feet in width; or (b) Dustless surface a minimum of 24 0 feet in width; or (c) Asphalt paved road a minimum of 24O feet in width; or (d) Limerock surface a minimum of 241 feet in width. 3.2.4.12.3. Building permits for Chokoloskee Island. Prior to the issuance of a building permit for any property on Chokoloskee Island, the owner of the property applying for the building permit must provide verification that he or she has an existing means of access to the property and the existing means of access to such property must be improved to the standards established by this subsection. Said access may be: a. Dustless surface a minimum of 20 feet in width; or b. Asphalt paved road a minimum of 29 18 feet in width; or c. Limerock surface a minimum of 20 feet in width. 3.2.8.3.1. Access to public roads. The street system of a subdivision approved pursuant to this division shall be connected to a public road, which is state or county maintained, with adequate capacity as defined by the growth management plan to accept the traffic volumes generated by the proposed development. Unless topography or compliance with the County's Access Management Policy (Resolution 92-422) or LDC Section 3.2.8.4.1 prohibits it the number of access points to public roads shall ensure that there are no more than four -thousand (4000) average daily trips (ADT) ner access point (existing or future) The total number of access points required by this section shall be six. Proposed developments accessing public roads shall be subject to the requirements of the Collier County Adequate Public Facilities Ordinance. The connection of any property to a public or private road shall be carried out in conformance with Collier County Ordinance No. 82-91, as amended. Words Strttek r=hreugh are deleted; words underlined are added. -70- 3.2.8.3.2. Afltys. Alleys may be provided in industrial, w4—commercial and residential subdivisions. WIft + t4ey-iffrtlrt efP4i)11(Jl--Alleys may for one-way or two-way traffic. Alleys shall be for one-way traffic only mW—shall have the appropriate directional and instruction signage installed. Alleys shall enly-be utilized for secondary access. 3.2.8.3.4. Buffer areas. Subdivisions or developments shall be buffered for the protection of property owners from surrounding land uses as required pursuant to division 2.4, Buffers shall not inhibit pedestrian circulation between adiacent commercial land uses. Buffers shall be installed during construction as follows and in accordance with division 2.4: (a) To separate residential developments from commercial, community use, industrial and public use developments and adjacent expressways, arterials and railroad rights-of-way, except where such expressway, arterial, or railroad right-of-way abuts a golf course. (b) To separate commercial, community use, industrial and public use developments from residential developments. (c) To separate subdivisions of residential property that do not result in the submittal of a site development plan pursuant to the provisions of division 3.3 from other residential properties. 3.2.8.3.17. Sidewalksepatks bike lanes and bike paths. Sidewalks;, bikepethslanes and bike paths shall be provided for public and private roadways in conformance with the following criteria: 1. Bike lanes shall be provided on $both sides of any street classified higher than a local street (i.e., collector, arterial). 2. -Sidewalks 6 feet in width shall be provided on both sides of collector and arterial streets. 3 Sidewalks 5 feet in width shall be Provided on both sides of local streets. leeg!h. 64. All sidewalks, bike paths and bikepothslanes along public and private roadways shall be constructed in accordance with design 40specifications identified in section 3.2.8.4.14 of this code. 75. Alternative designs for sidewalks. bike lanes, error bike paths in developments with public or private roadways may be provided, subject to approval by the Community Development and Environmental Services Division Administrator and may utilize, but not be limited to, the following analysis: Words _ u ehre tn' are deleted; words underlined are added. -71- a. A design that matches the land use density and intensity of the development along the street or cul-de-sac. b. A design that matches the expected traffic volumes on the street or cul-de-sac. c. Design that does not create a safety hazard caused by vehicles parked across the sidewalk or directing pedestrians or cyclists into • high traffic areas. d. Design that does not encourage additional landscape area due to clearing for the installation, aesthetic softening or additional hardscape, additional softening of unnatural linear concrete strips, or similar features. e. Design that matches the expected demographics of the development, including but not limited to considerations such as expected amount of school age children and active adults. f. Design that matches reduced speed streets and cuts -de -sac. g. Design that matches expected amount of utilization by joggers, walkers and cyclists. h. Design that matches the character of the development i.e., golf course/country club community, affordable housing, private gated communities, etc. i. Criteria pursuant to the provisions of section 3.2.7.2 86. Developments fronting on existing roads shall be required to provide its[their] fair share portional cost of the sidewalks/bikepaths along the frontage of the development in conformance with the county's bikeway program. Developments that provide an internal bikepath system which connects with existing public bicycle paths may be exempt from this requirement by the county's transportation services division if the alternative system functionally operates equal to the standards of the county's bikeways, interconnects with the existing or proposed county bikeway system and will be perpetually open to the public. 9. Eight feat wide bie5,e;e paths -M85' be PFO%oijed in lieu of a side -A -elk. not leemed wiIhift ;he right of way eleof zone Fequir-ed On !he (Fame 447. Developments providing interconnections to existing and future developments pursuant to the density rating system section of the Collier County growth management plan's future land use element, shall include sufficient right-of-way to accommodate the roadway, Words sbruelt b1treugh are deleted; words underlined are added. -72- sidewalks, OR&O—bikepet4slanes. or bikepaths. Bikepaths. hike lanes and sidewalks shall be constructed concurrently with the roadway interconnection. 3.2.8.3.21. Traffic Ognali-control devires, Traffic signals control devices shall be provided by the developer when an engineering study indicates s+g*akft;- w traffic control is justified at any treet intersections within the • subdivision or development or where the additional traffic flow results from the proposed subdivision or development on to any collector or arterial street. Traffic control devices are suhicet to County approval. If more than one development or subdivision is involved, each shall be required to make a pro rata contribution for the installation cost of the traffic -signals control devices. The cost of all required traffic sig . control devices shall be included in the amount of subdivision performance security furnished for the required improvements. f�J 3.2.8.4.1. Acress. Access to lots within a subdivision shall be designed to accomplish access to the lots by use of local streets. Access to residential lots shall he in accordance with Ordinance (No.( 82-91 (superseded by ordinance found in Code ch. 110, art. II), the county right-of-way handbook, but shall be no less than 30 feet from in•.:rsecting right-of- way lines on local to local street intersections; 100 feet for local to minor collector intersections; and 180 feet from intersecting right-of-way lines on all other streets of higher classifications. Local or minor collector street connections to major collectors shall be a minimum of 400 feet apart (See Figure 1 below). Maior Collector L 0 400 feet minimum Figure 1 Local or minor collector street connections to arterial streets shall be a minimum of 660 feet apart (See Figure 2 below),- �_•_m.....t l be Words etruelt rzhre are deleted; words underlined are added. -73- `o 0 v� 0 Arterial Road ° O O 660 feet c minimum V U • Figure 2 Local or minor collector street connections to arterial Streets may be 330 feet apart if the street connection provides for right turns only (Set Figure 3 below). atj Arterial Road 0 0 Y 330 fcct o minimum' c U V U o 'intersections provide right turns only Figure 3 Mmajor collector street connections to arterial streets shall be a minimum of 1,320 feet apart. Where residential or non-residential access is desired along a major collector or arterial street, it tem- shall be provided by means of a marginal access road. The first point of access to the marginal access road from an intersection of collector streets and/or arterial streets shall be a minimum of 330 feet from intersecting right-of- way lines. Intermittent access points to the marginal access road shall be a minimum of 660 feet apart. Access points to marginal access roads shall be provided with appropriate turn lanes, signalization or other necessary traffic control measures. When double -frontage lots are created adjacent to a collector or arterial street and a local street, they shall front on the local street, which shall provide access to said lot. Access to the lot shall not be provided by means of the major collector or arterial street. In such cases, the lot shall be buffered as required herein. Access management regulations as required by the Growth Management Act, when implemented, shall supersede this section where applicable. Where access locations are not consistent with the County's Access Management policy, a separate access capacity analysis shall be required to identify capacity impacts and appropriate mitigation. nen we),.-HewcweF-fln the case of commercial or industrial subdivisions which contain or include parcels that are separated by common parking area or other common area, sometimes referred to as "outparcels," ® "anchor store parcels," or "fee simple footprint parcels," or an integrated phased development as defined in article 6, access shall be created through an internal access provision documented on the final subdivision plat. Internal access provisions shown on the final subdivision plat shall include by way of example, but not be limited to, cross -covenants, cross -easements, dedicated access tracts, or the like, Words are deleted; words underlined are added. -74- and shall clearly and specifically identify the dominant and servient estates involved, and the scope and duration of such internal access provision. This provision shall be acceptahle to the Community Development and Environmental Services Division Administrator and the county attorney and satisfy the zoning requirements for the zoning district in which the subdivision is located. 3.2.8.4.2. Alleys. Industrial commercial and residential_AgIleys alone the rear lot . lines shall have an allcy_casement at least 24 feet wide containing a vehicular pavement width of at least 10 feet, eenteFline FfldiUS of 40 feet. The alley edge of pavement -radius shall he a minimum of 15 feet. and shall be designed for the appropriate design vehicle. Alley grades shall not exceed five percent or be less than 0.3 percent. All alleys created shall be owned and maintained by a property owners' association or other similar entity and shall be so dedicated on the final plat. 3.2.8.4.3. Blocks. The length, width and shape of blocks shall be determined with due regard to: 1. Zoning requirements as to lot size and dimensions. 2. Need for convenient access, circulation, control and safety of vehicular and pedestrian traffic. 3. Limitations and opportunities of topography, including all natural and preserved features identified. Bleek lengths shall ne! exeeed 1,320 feet be!weefi ifiiefseeii"g SfFeeis eseept %hefe speeial iepegmphieal eenjiIiens exist. Hewes,ef, Where snecial tonoeranhical conditions exist, block_leneths greater than 660 feet greatef leng;hs-may he approved by the Community Development and Environmental Services Division Administrator pursuant to section 3.2.7.2. Traffic claming devices, as approved in the Neighborhood Traffic Management Program, shall he provided in block lengths greater than 660 feet. Recommended spacing of traffic calming devices is 400 feet or greater based on site geometry that discourages operating speed greater than the posted speed limit. • 3.2.8.4.4. Bridges. Bridges shall be designed in accordance with current Florida department of transportation practices or appropriate specifications by the applicant's structural engineer and may be required to include provisions for utility installations and will require sidewalks on both sides of the bridge. The bridge shall be designed by a Florida Words re are deleted; words underlined are added. -75- profersional engineer and is subject to the approval of the Community Development and Environmental Services Division Administrator and those other agencies having jurisdiction over the proposed facilities. Generally, bridges shall he designed as reinforced concrete, however, other low maintenance materials may be used upon request and approval, when supported by a design report prepared by the developer's professional engineer which provides particular assurance relative to the integrity of the materials to he utilized. At a minimum, the width of all bridges shall be required to incorporate a clear roadway width equaling the travel lane width plus two feet to the curb and six-foot sidewalks; however, variations may be considered pursuant to section 3.2.7.2. Bridge width shall vary with the classification of the roadway section to be carried. All bridge structures shall be designed for H-20 loading, incorporating adequate corrosion and erosion protection. 3.2.8.4.5. Buffers. Landscape buffers, when required by this code, division 2.4, or other county regulation shall be in addition to the required right-of-way width and shall he designated as a separate buffer tract or easement on the final subdivision plat, The minimum buffer width shall be in conformance with division 2.4. In no case shall the required buffer be constructed to reduce cross -corner or stopping sight distances, or safe pedestrian passage. All buffer tracts or easements shall be owned and maintained by a property owners' association or other similar entity and shall be so dedicated on the final subdivision plat. 3.2.8.4.16. Streets. The street layout of all subdivisions or developments shall be coordinated with the street systems of the surrounding areas. Adjacent properties shall be provided with local street interconnections unless topography, other natural features or other ordinances/regulations do not allow or require said connections. All arterial or-waiff collector streets shall be planned to conform to the Collier County comprehensive plan. Collector and arterial streets within a development shall not have individual residential driveway connections. Their location and right-of- way cross section must he reviewed and approved by the county transportation services division during the preliminary subdivision plat review process. All subdivisions shall provide rights-of-way in conformance with the comprehensive plan and the right-of-way cross section contained in appendix B. All streets shall be designed and constructed to provide for optimum vehicular and pedestrian safety, long service life and low cost of maintenance. 1. Street access. Every subdivision or development shall have legal and adequate access to a street dedicated for public use and which has been accepted for maintenance by or dedicated to the State of Florida or Collier County—as described in LDC. Section 3.2.8.3.1. When a subdivision or development does not immediately adjoin such a street, the applicant shall provide access to the development from a dedicated street in accordance with these regulations and provide legal documentation that access is available to the project site. All lots within a subdivision or development shall be provided legal access to a street dedicated for public use. 2. Adjoining or proposed adjoining street systems. The arrangement of streets in subdivisions or developments may be required to make provision for the continuation of existing or proposed collector or Words st-reek threu,96h are deleted; words underlined are added. -76- arterial streets to and from adjoining properties, whether developed or undeveloped, and for their proper projection to ensure a coordinated and integrated street system per requirements of the growth management plan, this code or other ordinances and regulations. Where a subdivision or development abuts an existing or proposed public arterial or collector street, buffering shall he required per division 2.4. 3. Local streets. Leeal siFeeis Owl! he 59 OFfOR se by Use of local streets by cut through traffic shall be discouraged using methods (like traffic calming) that do not compromise connectivity or reduce the number of access points to the subdivision. 4. Traffic analysis. If the proposed land development or subdivision will generate traffic volumes in excess of 1,000 ADT (average daily trips) or 4-59-100 vehicles per hour, peak hour/peak season, whichever is more restrictive, then a traffic analysis, prepared by a professional engineer, shall be provided by the developer. The analysis shall show the impact on the proposed internal streets of the subdivision or development and existing externally affected streets. The analysis shall be used to determine the street classification, width and number of traffic lanes internal to the development and any requirements for off-site (external) improvements on the existing street system per the Collier County growth management plan. 5. Street right-of-way width. The minimum right-of-way widths to be utilized shall be as follows and, where applicable, shall be clarified by the cross sections contained in appendix B. and will be directly related to traffic volume as indicated in the definition of each street continued herein and where applicable clarified by the cross sections contained in appendix B. Private street right-of-way widths and design may be determined on a case-by-case basis in accordance with section 3.2.7.2. Note: Any rural cross sections approved may require expanded right- of-way widths for additional shoulder and swale facilities. Design to be approved on a case-by-case basis. eress If an alley is utilized, the right-of-way width may be reduced upon approval of the Community Development and Environmental Services Administrator, Words 5 ek ..,.ee —h are deleted; words underlined are added. -77- R/1V Width* Number of Lane Width Street Ttine (feet) lanes (feet) All Streets Cul-de-sac -5060 2 10 Local 60 2 4-2 10 Minor collector -89 60 2 4411 Minor collector As required for 2 4-211 (divided) median and turn lanes Major collector ( or 135 mi,,;mufn 4 4-2 11 Minor Arterial*As required for median and turn lanes Note: Any rural cross sections approved may require expanded right- of-way widths for additional shoulder and swale facilities. Design to be approved on a case-by-case basis. eress If an alley is utilized, the right-of-way width may be reduced upon approval of the Community Development and Environmental Services Administrator, Words 5 ek ..,.ee —h are deleted; words underlined are added. -77- 6. Dead-end streets. Dead-end streets shall be prohibited except when designed as a cul-de-sac. When a street is designed to he extended when the adjacent property is developed, a temporary cul-de-sac and right-of- way shall he designed. Culs-de-sac in excess of 1,000 feet shall not he permitted unless existing topographical conditions or other natural features preclude a street layout to avoid longer cuts -de -sac. When conflicts occur between the design standards of this division and Collier County Ordinance (No.) 86-54, the County Fire Protection Code, or its 16 successor ordinance (see Code ch. 58, art. I11), the standards of this division shall take precedence. Culs-de-sac shall have a minimum 40 -foot pavement radius (to back of valley gutter) and 360 -foot right-of-way radius. If islands are to be installed within a cul-de-sac, they shall have a minimum 45 -foot outside edge of pavement and an inside edge of pavement radius of no greater than 25 feet (See Figure 4 below). Figure 4 7. Curbs/valley gutter. All streets shall be provided with valley gutter or curbs to provide for drainage, Curbs shall be required at street intersections and for those areas requiring additional vehicular protection. All required intersection curbs shall extend ten feet beyond the radius. 8. bttersecrion radii. Street intersections shall be provided with a minimum of a 3825 -foot radius (faee-ef eM.� edge of pavement) for local or cul-de-sac streets and 40 -foot radius for collector. arterial and commercial/industrial streets. If two local or cul-de-sac streets intersect at less than 90 degrees, a radius of greater than 30 feet may be required. Intersection right-of-way lines shall be provided with no less than a 25 - foot radius, or as approved by the Community Development and SEnvironmental Services Administrator. All intersections shall be provided with ramps where sidewalks are required. Words struelt _L==t"jh are deleted; words underlined are added. -78- 9. Inrersertions and street jogs. Wherever feasible, streets shall be arranged so as to intersect at right angles. Two streets shall not intersect at an angle less than 60 degrees. When an intersection occurs on a curve, it should be made radially at the point of intersection, with a minimum 75 -foot tangent measured from intersecting centerlines. All local cross streets or stop streets should provide a minimum 50 -font tangent measured from intersecting centerline. Any proposed deviation to the tangent requirements must he supported by design calculations submitted by the applicant's professional engineer. The calculations must be based on the roadway speed limit and the Florida department of transportation 6 "Green Rook" standards for degree of curvature. Streets classified higher than local shall he provided with appropriately larger tangents, supported by design calculations. Street jogs, at intersections, shall be prohibited. In no case shall intersections be located closer than 100 feet apart, as measured between closest right-of-way lines. The use of the 100 -foot intersection separation criteria shall be used only when a traffic impact analysis indicated that neither intersection will require either turn lanes or signalization. Intersections of more than two streets shall be -prohibited subiect to the approval of the Community Develonment and Environmental Services Administrator, 10. Reverse curves. Tangents shall be provided for all streets, between reverse curves, according to the following, unless otherwise approved by the Community Development and Environmental Services Division Administrator pursuant to section 3.2.7.2. Tangent (Minimum) Street Classification (feet) Cul-de-sac 25 Local 50 Minor collector/commer- 75 cial/industrial All other streets 100 3.2.8.4.18 Traffic Control Devices. The design and installation of traffic control devices shall be in accordance with the latest edition of the Manual on Uniform Traffic Control Devices. SUBSECTION 3.11: AMENDMENTS TO SITE DEVELOPMENT PLANS DIVISION Division 3.3, Site Development Plans, of Ordinance No. 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 0 Division 3.3 Site Development Plans Sec. 3.3.2. Purpose. The intent of this division is to ensure compliance with the appropriate land development regulations prior to the issuance of a Words are deleted; words underlined are added. -79- building permit. This division is further intended to ensure that the proposed development complies with fundamental planning and design principles such as: consistency with the county's growth management plan; the layout and arrangement of buildings and open spaces; the configuration of the traffic circulation system, including driveways. traffic calming devices, parking areas and emergency access; the availability and capacity of drainage and utility facilities; and, overall compatibility with adjacent development within the jurisdiction of Collier County and consideration of natural resources and proposed impacts thereon. 3.3.5.1. Minor site development plan review. Submittal ora site development plan under the minor review process shall be in conformance with section 3.3.5.5, final site development plan applications, together with the following preliminary site development plan application requirements: sections 3.3.5.4.1, 3.3.5.4.2.1-3.3.5.4.2.5, 3.3.5.4.2.6.b -f, 3.3.5.4.2.7. a -f, 3.3.5.4..2.8.b, f, h, 3.3.5.4.2.8.k -m, 3.3.5.4.3-3.3.5.4.6. A site development plan may he reviewed under the minor SDP review process if the plan submittal meets the following conditions: 3.3.5.1.8. Commercial buildings and projects having a gross building; area of less than 20,000 square feet, subiect to the provisions of Division 2.8. and consistent with all other provisions set forth in this _ c tion 3.3.5.4.2. Site development plan. A site development plan prepared on a maximum size sheet measuring 24 inches by 36 inches drawn to scale and setting forth the following information: 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 land uses on the subject and adjacent properties. 3. ftiurtt► wrrow, "WIN sod dws. 4. Vicinity map clearly identifying the location of the development and its relationship to the surrounding community. 5. A narrative statement on the plan identifying provisions of ownership and maintenance of all common areas, open space, private streets and easements. 6. A site summary in chart form which shall include the following: 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 impervious area (including all parking areas, driveways, loading areas, drive -aisles, and internal streets) and its percentage of the total site area. d. Total square footage of landscape area/open space and its percentage of the total site area. Words struelt threeq4i are deleted; words underlined are added. -80- c. For residential projects, total number of units, units per acre, and a unit breakdown by square footage and number of bedrooms. f. 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. 7. A parking summary in matrix form which shall include: 16 a. Type of use. b. Total square footage per use. c. Required parking ratio. d. Number of spaces required per use. e. Number of spaces provided per use. f. Total number of required and provided spaces including regular, handicapped and reserved spaces. 8. Illustrative information accurately depicted on the site development plan shall be as follows unless waived at the preapplication 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. b. Name, alignment and existing/proposed right-of-way of all streets which border the development (including raised islands, striping, right/left turn lanes, median cuts and nearby intersections), end 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. 9 For proiects subject to the provisions of Division 2.8.. five (S) sets of architectural drawings. signed and sealed by a licensed architect. registered in the State of Florida, shall be submitted with the Preliminary (or Minor) SDP application, depicting the following: a. '/4 inch scaled elevation for all sides of the building; b. 3A inch scaled elevation from ton of roof toraa de depicting typical elevation with details and materials noted, and rendered to show materials and color scheme: c. 1/8 inch site sections showing relationship to adiacent structures; and d. a unified sign plan as required Division 2.8. Representations made thereon shall become conditions of approval. Architectural drawings submitted in coniunction with a building Pgrmit shall be consistent with the architectural drawing submitted and approved for the SDP or SIP. Words seruelt thre are deleted; words underlined are added. -81- 3.3.5.5.1. SDP. A detailed site development plan prepared on a maximum size sheet measuring 24 inches by 36 inches, drawn to scale and setting forth all required on-site and off-site improvements and provisions to include the following: 1. Complete legal description including boundary survey. 2. Lot dimensions, acreage. 46 3. All building and structures, location, size, height and proposed use. 4. Yard setbacks and distances between structures. S. Walls and fences including location and heights. 6. Off-street parking; location, parking layout dimensions, on-site traffic circulation. traffic calming devices, and landscaping, including all handicap parking and access provisions. 7. Access for pedestrian, vehicular and service. Points of ingress and egress 8. The proposed location, size and height of all traffic control signs. For other development signage see division 2.5. 9. Loading location, dimensions and number of loading spaces. 10. Lighting location, heights and design of all street and parking lot light fixtures. 11. Street dedication and improvements, including traffic calming devices. 3.3.5.5.5. Infrastructure improvement plans. Detailed on-site and off-site infrastructure improvement plans and construction documents prepared in conformance with the design standards of division 3.2 and any current county ordinances, regulations, policies and procedures which consists of, but are not limited to, the following items: 1. A cover sheet setting forth the development name, applicant name, name of engineering firm, and vicinity map. 2. Improvements for water and sewer service as needed or as may have been specified during a preliminary site development plan review prepared in conformance with Collier County Ordinance No. 88-76 as amended. 3. Improvements for roadway, traffic circulation, ingress and egress, parlFiAA MW Ww KAvopx devices. required or as may have been specified durinj the pretlminaty she development plan review, prepared In conformance Is with section 3.2.8.4 subdivision design requirements (for purposes of this requirement, all references in section 3.2.8.4 to "subdivision" should be read to mean development, where applicable and appropriate). Words a thr are deleted; words underlined are added. -82- 3.3.6.3. The ingress and egress to the proposed development and its proposed improvements, vehicular and pedestrian safety, separation of vehicular traffic from pedestrian and other traffic, traffic flow and control, traffic calming devices. provision of services and servicing of utilities and refuse collection, and access in case of fire, catastrophe or other emergency. SUBSECTION 3.1: ANIENDb1ENTS TO VEGETATION REMOVAL, PROTECTION AND PRESERVATION DIVISION Division 3.9, Vegetation Removal, Protection and Preservation, of Ordinance No. 91- 102, as amended, the Collier County Land Development Code, is hereby amended to read as fol lows: 3.9.5 Vegd2tion removal, protection and preservation standards. 3.9.5.5.2. All new developments shall retain existing native vegetation to the maximum extent possible, especially where said native vegetation exists within required buffer areas. FawiRod Where the required minimum retained vegetation percentage has been met pursuant to sections 3.9.5.5.3 and 3.9.5.5.4 additional native vcttctation shall be retained_ unless necessary grade changes, required infrastructure, stormwatcr management system design or approved construction footprints necessitate its removal. The need to remove additional existing native trees shall be demonstrated by the applicant as part of the vegetation removal review process. When required to be removed, existing viable native trees shall be transplanted into site landscaping unless the applicant can demonstrate that transplanting is not feasible or appropriate. Retained areas of vegetation shall be preserved in their entirety with all trees, undcrstory, and ground covers left intact and undisturbed, except for prohibited exotic species removal, enhancement with native plant material and pruning and maintenance. 3.9.5.5.4. All other types of new development not referenced in section 3.9.5.5.3 above including but not limited to II residential or mixed use developments under the thresholds sct forth in section 3.9.5.5.3: 21 commercial development, and 3) industrial development shall be required to preserve an appropriate portion of the native vegetation on the site as determined through the county development review process. For new development under five (5) acres a minimum often percent of the native vegetation on-site (by area) shall be retained. including the undcrstory and around cover. For new development five (5) acres or greater, a minimum of fifteen percent of the native vegetation on-site (by area), shall be retained including the undcrstory and ground cover. Preservation of different contiguous habitats is to be encouraged. When several native plant communities exist on-site the development plans will reasonably attempt to preserve examples of all of them, if possible. However, this policy shall not be interpreted to allow development in wetlands, should wetlands alone constitute more than the portion of the site required to be preserved. Exceptions. by means of mitigation in the form of increased landscape rcauirements, shall be granted for parcels which cannot reasonably accommodate both the preservation area and the proposed activity. Where native preservation requirements arc not accommodated, the landscape plan shall re-create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larger plant materials so as to more quickly re-create the lost mature vegetation. Such revegetation Words =-true'._ t rough are deleted; words underlined are added. M*Z • shall apply the standards of Section 2.4.4. and include a guantitygf plantings matching the amount of required preserved native vegetation that was removed. The following minimum sizes shall appll gallon ground covers: 5 gallon shrubs : fourteen to sixteen foot high trees with a seven to eight foot crown spread and a diameter of 3 to 4 inches at 4.5 feet above natural grade , Previously cleared parcels, void of native vegetation, shall be exempt from this rcyuircmcnt. SUBSECTION 3.J: AMENDMENTS TO ADEQUATE PUBLIC FACILITIES DIVISION Division 3.15, Adequate Public Facilities, of Ordinance No 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.15 ADEQUATE PUBLIC FACILITIES* Sec. 3.15.4 Definitions. 3.15.4.1. Annual update and inventory report or AUIR means the county report on public facilities described in section 3.15.7.2. 3.15.4.2. Application for development approval means an application submitted to Collier County requesting the approval ora development order. 3.15.4.3. Capital drainage facilities mean 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 LOS for drainage facilities. 3.15.4.4. Capital park facilities mean the planning of, engineering for, acquisition of land for, or construction of buildings and park equipment necessary to meet the LOS for park facilities. 3.15.4.5. Capital road facilities or capital road improvement shalt include transportation planning for, right-of-way acquisition for, engineering for, and construction of any project eligible for inclusion as a road project in the road component of the CIE of the Collier County Growth Management Plan or the Five -Year Florida Department of Transportation Plan. 3.15.4.6. Capital potable water facilities mean the planning of, engineering for, acquisition of land for, or construction of potable water facilities necessary to meet the LOS for potable water facilities, 3.15.4.7. Capital sanitary sewer facilities mean the planning of, engineering for, acquisition of land for, or construction of sanitary sewer facilities necessary to meet the LOS for sanitary sewer facilities. 3.15.4.8. Capital solid waste facilities mean the planning of, engineering for, acquisition of land for, or construction of solid waste facilities necessary to meet the LOS for solid waste facilities. 3.15.4.9 Comprehensive plan means a plan that meets the requirements of F.S. §§163.3177 and 163.3178, and shall mean the Collier County Growth Management Plan, where referenced in this division. words le threttiffh are deleted; words underlined are added. -84- 3.15.4.4011. Deficient road segment means the following: 3.15.4.1.011.1. A county or state road segment on the major road network system that either: 3.15.4.4-011.1.1. Has an adopted LOS "C" peak season, peak hour, that has operated below LOS "C" peak season, peak hour, based on the annual update and • inventory report ("AUIR"); or 3.15.4.4-011.1.2. Has an adopted LOS "D" peak season, peak hour, that has operated below LOS "D" peak season, peak hour, for two years or more based on the AUIR; or 3.15.4.4-011.1.3. Has an adopted LOS "D" peak season, peak hour, that is operating below LOS "E", peak season, peak hour, based on the AUIR; or 3.15.4.4411.1.4. Has an adopted LOS "E" peak season, peak hour, that is operating worse than LOS "E" peak season, peak hour, based on the AUIR. 3.15.4.4411.2. 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: 3.15.4.44)11.2.1. Any capital road improvement currently in place; 3.15.41.4911.2.2. Any capital road improvement that is under construction; 3.15.4.4-011.2.3. Any capital road improvement guaranteed in an enforceable development agreement that includes the provisions in subsections 3.15.4.10.2.1 and 3.15.4,10.2.2.; 3.15.4.4-011.2.4. The actual construction of the required capital improvement is included and is scheduled to commence in or before the third year of the state's five-year work program and the county's current five-year capital improvement schedule adopted as part of the growth management plan; and 3.15.4.1-011.2.5. The board of county commissioners has made an express finding, ager a public hearing, that the current five-year capital improvement schedule is based on a realistic, financially feasible program of funding from existing revenue sources. 3.15.4.4412. Developer means any person, including a governmental agency, undertaking any development as defined in this division. 3.15.4.4413. Development agreement has the meaning contemplated in F.S. § 163.3220 ct. seq. 3.15.4.4314. Development has the meaning given it in F.S. §380.04. . 3.15.4.4-415. Development order means any order, permit, determination, or action granting, denying, or granting with conditions an application for any final local development order, building permit, temporary use permit, temporary construction and development permit, sign permit, well permit, spot survey, electrical permit, plumbing permit, occupational license, boat dock permit, HVAC permit, septic tank permit, right -of --way permit, Words are deleted; words underlined are added. -85- 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 constriction control line variance, tree removal permits, site dcvclopmcnt 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. • 3.15.4.16. [incl lcvelopment order means a final local development order or a final DRI development order. 3.15.4.4617. 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). 3.15.4.4718. Final local development order means any valid, unexpired building permit or mobile home tic -down permit issued by the county, ;446 Xi r~rvnwlrNOPI so i @11 1844V-46 3.15.4,19. Growth management plan or GMP means the most recently adopted and effective comprehensive plan of Collier County, as amended from time to time. 3.15.4.20. Land development regulations mean ordinances enacted by Collier County pursuant to F.S. §163!3161 et. seq. , for the regulation of development, and includes any zoning, subdivision, impact fee, building construction, or sign regulations, or any other regulations controlling the development of land. 3.15.4.21. level of sen -ice (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 shall indicate the capacity per unit of demand for each public facility. 3.15.4.21,1. Lcvel of serilce calcadations for roads mean calculations that are performed annually following the end of the calendar year by comparing average annual daily traffic counts to the annual average daily traffic service volume lookup tables in the traffic circulation element. These tables are calculated to express the annul average daily traffic volumes based upon the 100th highest volume hour of the year, or peak season, peak hour. Annual average daily traffic (AADT) is generally calculated as the average of a daily 24-hour two-way volume, counted in each of the four seasons of the year. On some low volume roads, a single annual count may be taken and factored to the annual average daily traffic volume using a monthly or quarterly factor. 3.15.4.22. LOS for capital drainage facilities varies among 1) new or existing capital drainage facilities owned or operated by a local government or other public entity, 2) existing capital drainage facilities owned or operated by private persons, and 3) new capital drainage facilities owned or operated by private persons. For those capital drainage facilities (publicly or privately owned) that arc in existence on the effective date of this division Words strttelt threugh are deleted; words underlined are added. -86- 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 idcntificd (by dcsian storm return frequency event) in the Collicr County Water Management Master Plan. For new capital drainage facilities owned or operated by private persons, the LOS is identified in the drainage sub -clement and capital improvement element policy 1.1.5.A.3 (present requirements arc 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. 3.15.4.23. LOSfor capital park jacilities means 2.9412 acres per 1,000 persons for regional park land; 1.2882 acres perl1,000 persons for community park land; and S,�s 179.00 of capital investment per capita (at current cost) for recreational facilities. 3.15.4.24. LOS for capital potable water facilities varies between public water systems and private water systems. For public water systems, the LOS is 135 gallons per capita per day (gpcd), plus 21 percent for nonresidential development (except in the Marco Water and Sewer District), making the LOS 163 gcpd. The LOS in the Marco Water and Sewer District is 200 gpcd (with no 21 percent adjustment). For private potable water systems, the LOS is as follows, except that approved private wells arc exempt from these LOS requirements: Tipe of Establishment Gallons Per Day (GPD) Airports (a) Per passenger 5 (b) Add per employee 20 Barber and beauty shops (per chair) 100 Bowling alleys (toilcl wastes only per 100 lane) Country club (a) Pcr resident member 100 (b) Per member present 25 (c) Per employee 20 Dentist offices (a) Per wct chair 200 (b) Per non-wct chair 50 Doctors office (per doctor) 250 Factories, exclusive of industrial wastes (gallons per person per shift) (a) No showers provided 20 (b) Showers provided 35 Food service operations (a) Ordinary restaurant (per scat) 50 (b) 24-hour restaurant (per scat) 75 (c) Single service articles only (per 25 person) (d) Bar and cocktail lounge (per 30 person) (c) Drive-in restaurant (per car 50 space) (f) Carry out only Words are deleted; words underlined are added. -87- • I. Per 100 square feet of floor 50 space 2. Add per employee 20 (g) Institutions (per meaf) 5 Hotels and motels 0.1 (a) Regular (per room) 150 (b) Rcsort hotels, camps, cottages 75 (per person) 10 (c) Add for establishments with stir 400 service laundry facilities (per machine) Office building (per employee per R 20 hour shift) Type ojEstablrshment Gallons Per Day (GPD) Service stations (per water closet and 250 per urinal) Shopping centers without food or 0.1 laundry (per square foot of floor space) Stadiums, race tracks, ball parks (per 5 scat) Stores per square foot of floor space 0.1 Theaters (a) Indoor, auditoriums (per scat) 5 (b) Outdoor, drive-ins (per space) 10 Trailer/mobile home park (per trailer 200 space Travel trailer/recreational vehicle park (a) Travel trailer (overnight), 75 without water and sewer hook-up (per trailer space) (b) Travel trailer (overnight), with 100 water and seer hook-ups (per trailer space) Swimming and bathing facilities, 10 public (per person) Churches (per scat) 3 Hospitals (per bed) 200 Nursing, rest homes (per bed) 100 Parks, public picnic (a) With toilets only (per person) 5 (b) With bathhouse, showers and 10 toilets (per person) Public institution s other than schools 100 and hospitals (per person) Schools (per student) (a) Day -type 15 (b) Add for showers 5 (c) Add for cafeteria 5 (d) Add for day school workers 15 (c) Boarding -type 75 Work/Construction camps Semi-permanent (per worker) 50 Residences (a) single or multiple family (per 150 dwelling unit) one bedroom and 600 square feet or less heated or cooled area Words are deleted; words underlined are added. -88- dwelling unit) one bedroom and 600 square feet or less heated or cooled area Two bedrooms and 601-1,000 300 square feet heated or cooled arca Three bedrooms and 1.001-2,000 450 square feet heated or cooled area Four or more bedrooms and more 600 than 2,000 square feet heated or cooled arca S (b) Other (per occupant) 75 3.15.4.25. LOS for capital road facilities on the major road network system varies depending on the type of road, and is based on a defined peak season, peak hour. The LOS on the following county roads is LOS "E" peak season, peak hour: Road .Segment Airport Road Pine Ridge Road to Golden Gate Parkway Golden Gate Pkwy Airport Rd. to Santa Barbara Blvd. Goodlctte-Frank Rd. Pine Ridge Rd. to Golden Gate Parkway Goodlctte-Frank Rd. Golden Gate Parkway to U.S. 41 Pine Ridge Road Airport Road to I-75 Vanderbilt Beach Rd, U.S. 41 to Gulfshore Drive On all other county roads on the major road network system, the LOS is "D" peak season, peak hour; however such a county road segment may operate at LOS "E", peak season, peak hour, for a period not to exceed two fiscal years so as to provide Collier County time to make the capital road improvements needed to restore the road to LOS "D" peak season, peak hour, or better. The LOS on state and federal roads shall be as follows based on peak season, peak hour: 3.15.4.26. LOS for capital sanitary seiner facilities varies between public sanitary seer systems and private sanitary sewer systems. The LOS for public sanitary seer systems is 100 gallons per capita per day (gpcd), plus 21 percent for nonresidential development, making the LOS 121 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. They are as follows, except that approved private septic systems arc exempt from these LOS requirements: Tipe of Establishment Gallons Per Day (GPD) Words srzrttek Ehre are deleted; words underlined are added. -89- E.risting Urhani_ed Transitioning Road Rural Area Area Urhani:ed Arca 1-75 RC FD FD US41 C D C SR -84 C D C SR -951 - D C SR -29 FD - SR -82 CD - 3.15.4.26. LOS for capital sanitary seiner facilities varies between public sanitary seer systems and private sanitary sewer systems. The LOS for public sanitary seer systems is 100 gallons per capita per day (gpcd), plus 21 percent for nonresidential development, making the LOS 121 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. They are as follows, except that approved private septic systems arc exempt from these LOS requirements: Tipe of Establishment Gallons Per Day (GPD) Words srzrttek Ehre are deleted; words underlined are added. -89- Barber and beauty shop (per chair) 100 Bowling alleys (toilet wastes only per 100 lane) Country club (a) Pcr resident member 100 (b) Per member present 25 (c) Per employee 20 Type of Establishment Gallons Per Day (GPD) SDentist office (a) Per wet chair 200 (b) Per non -wet chair 50 Doctors offices (per doctor) 250 Factories, exclusive or industrial wastes (gallons per person per shift) (a) No showers provided 20 (b) Showers provided 35 Food service operations (a) Ordinance restaurant 9per scat) 50 (b) 24-hour restaurant (per scat) 75 (c) Single service articles only (per 25 person) (d) Bar and cocktail lounge (per 30 person) (e) Drive-in restaurant (per car 50 space (f) Carry out only: 1. Per 100 square feet of floor 50 space 2. Add per employee 20 Hotels and motels (a) Regular (per room) 100 (b) Resort hotels, camps, cottages 75 (per person) (c) Add for establishments with self 400 service laundry facilities (per ma- chine) Office building (per worker) 20 Service stations (per bay) 500 Shopping centers without food or 0.1 laundry (per square foot of floor space) Stadiums, race tracks, ball parks (per 5 seat) Stores (without food service) (a) Private toilets, for employees 20 only (per employee) (b) Public toilets (per square foot of 0.1 floor space) Theaters (a) Indoor, auditoriums (per seat) 5 • (b) Outdoor, drive-ins (per space) 10 Trailer/mobile home park (per trailer 200 space) Travel trailer/recreational vehicle park (a) Travel trailer (overnight), 50 Words are deleted; words underlined are added. -90- without water and sewer hookup (per trailer space) (h) Travel trailer (overnight), with too water and sewer hook -tips (per trailer space) Swimming and bathing facilities. 10 public (per person) Churches (per scut) 3 Type of F,stahlishment Gallons Per Day (CPD) Hospitals (per bed) 200 Nursing, rest homes (per person) 100 Parks, public picnic (a) With toilets only (per person) 5 (b) With bathhouse, showers and 10 toilets (per persorr) Public institutions other than schools 100 and hospitals (per person) Schools (per student) (a) Day -type 15 (b) Add for showers 5 (c) Add for cafctcria 5 (d) Add for day school workers 15 (c) Boarding type 75 Work/construction camps semi- 50 permanent (per worker) Residences (a) Single-family (per bedroom) 150 (b) Apartment (per bedroom) 150 (c) Mobile home not in a trailer 150 park (per bedroom) (d) Other (per occupant) 75 3.15.4.27. LOS for capital solid waste facilities requires sufficient capital solid waste `jcilities to dispose of 1.39 tons of solid waste per capita per year. In addition, the LOS requires two years of landfill lined cell disposal capacity at present fill rates and ten years of landfill raw land capacity at present fill rates. 3.15.4.28. LOS "C" peak season, peak hour is in the range of stable flow, but marks the beginning of the range of flow in which the operation of individual users becomes significantly afrccted by interactions with others in the traffic stream. The selection of speed is affected by the presence of other, and maneuvering either the traffic stream requires substantial vigilance on the pari of the user. The general level of comfort and convenience declines noticeably at this level. LOS "C" peak season, peak hour, is based on the 100th highest hourly traffic volumes during a calendar year for the various types of roads defined by Special Report 209, "Highway Capacity Manual," Transportation Research Board, National Research Council, Washington, D.C., 1985, or subsequent revisions thereto. 3.15.4.29. LOS "D" peak season, peak hour represents a high-density, but stable, e flow. Speed and freedom to maneuver are severely restricted, and the driver or pedestrian experiences a generally poor level of comfort and convenience. Small increases in traffic flow will generally cause operational problems at this level. LOS "D" peak season, peak hour, is based on the 100th highest hourly traffic volumes during a calendar year for the various types of roads defined by Special Report 209, "Highway words strttek ehre are deleted; words underlined are added. -91- Capacity Manual," Transportation Research Bozrd, National Research Council, Washington, D.C., 1985, or subsequent revisions thereto. 3.15.4.29.1. LOS "E"peak season. peak bora represents operating conditions at or near capacity. All speeds arc significantly reduced. Freedom to maneuver is difficult. Comfort and convenience is extremely poor. and motorist frustration is generally high. LOS "E" peak season, peak hour, is based on the 100th highest hourly traffic volumes during a calendar year for the various types of roads defined by Special Report 209. "Highway Capacity Manual", Transportation Research Board, National Research Council, Washington, D.C. 1985, or subsequent revisions thereto. 3.15.4.30. Peak.season, peak hour is considered to be the I00th highest volume hour of the year, and is the basic time reference used to calculate levels of service using the definitions and methodologies of the 1985 Highway Capacity Manual (or its current edition). For planning and concurrency applications, peak season, peak hour conditions are converted to annual average daily traffic (AADT) level of service maximum volumes and are presented in a series of look -up tables adopted in the traffic circulation element of the growth management plan. 3.15.4.31. Major road network systent means all arterial and collector roads within the total unincorporated Collier County. The major road network system is depicted in the traffic circulation element of the Collier County Growth Management Plan. 3.15.4.32. Person means an individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other entity, and its designated agents, successors or assigns. 3.15.4.33. Potentially deficient road segment means the following: 3.15.4.33.1. A county or state road segment on the major road network system whose adopted LOS standard is LOS "C" or LOS "D", peak season, peak hour, that is presently operated at its adopted LOS, or whose adopted LOS is LOS "D" peak season, peak hours, and has operated at LOS "E" peak season, peak hour, for two years or less, based on the AUIR. A potentially deficient road segment which has an adopted LOS "D" peak season, peak hour, may operate at LOS "E", peak season, peak hour, for two years before it shall become a deficient road segment. 3.15.4.33.2. A county or state road segment on the major road network system whose adopted LOS standard is "E", peak season, peak hour, that is presently operating at LOS "E" peak season, peak hour, based on the AUIR. 3.15.4.33.3. In determining the capacity of a county road segment or a state road segment for the purpose of determining whether it is a potentially deficient road segment, the county shall consider: 3.15.4.33.3.1. Any capital road improvement currently in place; 3.15.4.33.3.2. Any capital road improvement that is under construction; 3.15.4.33.3.3. Any capital road improvement guaranteed in an enforceable development agreement, that includes the provisions in subsections 3.15.4.33.3.1 and 3.15.4.33.3.2; Words are deleted; words underlined are added. -92- 3.15.4.33.3.4. The actual construction of the required capital road improvement is included and is scheduled to commence in or before the third year of the state's five-year work program and the county's current five-year capital improvement schedule adopted as part of the growth management plan; and 3.15.4.33.3.5. The board of county commissioners has made an express finding, after a public hearing, that the current five -,year capital improvement schedule is based on a realistic, financially feasible program of funding from existing Srevenue sources. 3.15.4.34. Public frrriliries mean capital drainage facilities, capital park facilities, capital potable water facilities, capital road facilities, capital sanitary seer facilities, and capital solid waste facilities. Sec. 3.15.5 Rules of construction. In the construction of this division, the rules set out in this section shall be observed unless such construction is inconsistent with the manifest intent of the Collier County Board of County Commissioners. The rules of construction and definitions set forth herein shall not be applied to any provisions which expressly exclude such construction, or where the subject matter, content or context of such provisions would make such construction internally inconsistent or inconsistent with other provisions of this division. 3.15.5.1. Generally. All provisions, terms, phrases and expressions contained in this division shall be liberally construed in order that the true intent and meaning of the Collier County Board of County Commissioners may be fully carried out. Terms used in this division, unless otherwise specifically provided, shall have the meanings prescribed by the statutes of this state for the same terms. In the interpretation and application of any provision of this division it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of this division imposes greater restrictions upon the subject matter than a general provision imposed by the growth management plan or another provision of this division, the provision imposing the greater restriction or regulation shall be deemed to be controlling. 3.15.5.2. Text. In case of any difference of meaning or implication between the text of this division and any figure, the text shall control. 3.15.5.3. Computation of time. The time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is Saturday, Sunday or legal holiday, that day shall be excluded. 3.15.5.4. Dav. The word "day" shall mean a calendar day, unless "business" day is indicated. 3.15.5.5. Delegariou of authoritY. Whenever a provision appears requiring a division administrator, the head of a- department 9 or some other county 10 officer or employee to do sonic act or perform some duty, it is to be construed to authorized the division administrator, head of the department or some other county officer or employee to designate, delegate and authorize professional level subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise. Words struek thre are deleted; words underlined are added. WxZ 3.15.5.6. Gender. Words importing the masculine gender shall he construed to include the feminine and neuter. 3.15.5.7. Month. The word "month" shall mean a calendar month. 3.15.5.8. Non-techttiral crud tecluricul unrdr. Words and phrases shall he construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a • peculiar and appropriate meaning in law shall be construed and understood according to such meaning. 3.15.5.9. Number. A word importing the singular number only, may extend and be applied to several persons and things as well as to one person and thing. The use of the plural number shall he deemed to include any single person or thing. 3.15.5.10. .Shall, ntay. The word "shall" is mandatory; "may" is permissive. 3.15.5.11. Tense. Words used in the past or present tense include the future as well as the past or present. 3.15.5.12. Week. The word "week" shall mean seven calendar days. 3.15.5.13. lYrirten or in writing. The term "written" or "in writing" shall be construed to include any representation of words, letters, or figures whether by printing or other form or method of writing. 3.15.5.14. Year. The word "year" shall mean a calendar year, unless a fiscal year is indicated or 365 days is indicated. Sec. 3.15.7 Management and monitoring program. 3.15.7.1. General. In order to ensure that adequate potable water, sanitary sewer, solid waste, drainage, park and road public facilities arc 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 sewcr, 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 eoncutrcncy regulation are issued unless adequate public facilitics arc available to serve the development concurrent with when the impacts of that development occur. 3.15.7.2. Annual update and inventors- report on public facilities (AUIR). On or about August 1 of each year, the 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 determine and summarize the available capacity of these capital improvements (public facilitics) 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, Fiords are deleted; words underlined are added. -94- 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 cath public facility. The AUIR shall be based on the most recent bureau of economic and business research (13EBR) high -range population projections, updated public facility inventories, updated unit costs and revenue projections, and analysis of the most recent traffic count data. The findings of the AUIR shall form the basis for the preparation of the annual update and amendment to the CIE, any projects to be included in the county's annual budget, the determination of any area of significant influence (AS0 and the review of and issuance of development orders subject to the provisions of this division during the next year. 3.15.7.2.1 Annual determination of adequate "Category A" public facilities (concurrenry). On or about August I of each year, the grew* management e#+ief Community Dcvclonmcnt and Environmental Services Division Administrator will present the AUIR report to the board of county commissioners identifying deficiencies pr potential deficiencies in "Category A" public facilities and remedial action options including but not limited to the following: 1. Establishment of arcas of significant influence (ASI's); 2. Public facility project additions to the CIE; 3. Deferral of development order issuance in affected areas pending: a. Lowering of LOS via growth management plan amendment; b. Inclusion of necessary public facility projects in the adopted annual budget and 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. 3.15.7.3 Recoinnrendations on the anmtal CIE update rind annual budget. Based upon the AUIR analysis, the gFGW4h managemew ehief Community Dcvclonmcnt and Environmental Services Division Administrator shall propose to the Collier County Planning Commission and the Board of County Commissioners on or about October I of each year, the annual update and amendment to the CIE as part of the annual growth management plan amendment cycle transmittal public hearings. It will include the public facilities needed to maintain LOS as directed by the board of county commissioners upon presentation of the AUIR. The annual budget, which is to be adopted by October I of each year shall also include projects and finding as directed by the board upon presentation of the AUIR. 3.15.7.4 Establishment of area of significant influence (ASI) for roads. 3.15.7.4.1 F-stcchlishsrent of areas) ofsigniftcant infueitee (ASI). If the finding of the AUI analysis identify additional road improvement projects needed to Words are deleted; words underlined are added. -95- maintain adopted LOS, they may be included in the road component of the proposed annual CIE update and amendment at the discretion of the board. Based upon board direction on inclusion ofadditional road projects, the Community Development and Environmental Services Division Administrator, in conjunction with the MPO chief and transportation services w1iiiiiii!41f-lo department director may propose and identify one or more areas of significant influence (ASI) around any deficient or potentially deficient road segment (except where such potentially deficient road segment is projected not to exceed its adopted • LOS within the first three years of the five-year schedule otcapital improvements in the CIL up date and amendment purposed for transmittal on or ahout October 1, and the estimated annual residual capacity trips that would be allocated to those applicants for certificates of public facility adequacy within the ASI encompassing such potentially deficient road segment during the next year docs not exceed the remaining trip capacity). The boundaries of any AST shall be established pursuant to the standards in subsection 3.15.7.4.2. of this division along with the annual residual capacity trips covering potentially deficient road segments for each ASI by September 1 of each year. No residual capacity trips shall be allotted for development in an ASI encompassing a deficient road segment, 3.15.7.4.2. Standards in establishing arca ofsignificant inference (ASI). 3.15.7.4.2.1. General. The boundaries for an ASI shall be based upon an "envelope" that surrounds major road segments. In general, the ASI surrounding a road segment will radiate out from the segment a distance of one to three miles, depending upon natural or manmade features, roadway facility type. Additionally, there may be an overlap of AST's due to the effect of adjacent land uses upon a roadway segment or segments. 3.15.7.4.2.2. Standards in determining arca of significant influence (ASI). The g;e+vi# rRaRagement ehi#f Community Development and Environmental Services Division Administrator in conjunction with the MPO chief and transportation services adminkimtef department director shall examine traffic movement patterns and shall then prepare a map(s) that details the location of the proposed ASI(s). Such map(s) shall then be presented to the board of county commissioners at a regularly scheduled meeting for its review. The following standards shall guide the Community Development and Environmental Services Division Administrator MPO chief and transportation services adMiflistr{HeF department director in developing these proposed ASI's: Type of Roarlwav Facilily Scope of ASI Principal Arterial Three miles on each side of affected segment and three miles from each end of affected segment. Tine of Roadway Facility Scope of ASI Minor Arterial Two miles on each side of affected segment and two miles for each end of affected segment. Words strtteh thrett,, are deleted; words underlined are added. -96- Minor Arterial Two miles on each side of affected segment and two miles for each end of affcctcd segment. Collector One mile on each side of affcctcd segment and one mile from each end of affected segment. SRural Minor Collector One mile on each side of affcctcd segment and one mile from each end of affected segment. Limited Access Facility One mile from each side of the affcctcd segment and three (3) miles from any access point and each segment end. 3.15.7.4.2.3. Determining annual residual capacity trips. The gfOIA414 management shW Community Development and Environmental Services Division Administrator in conjunction with the MPO chief and transportation services aclf+eistfateF department director shall complete a detailed conditions analysis of the deficient or potentially deficient road segment within each proposed ASI boundary prior to proposing the boundaries of the ASI. The analysis shall take into consideration characteristics of the road segment (such as traffic control, signal spacing, timing, and phasing) using procedures documented in the 1985 Highway Capacity Manual (or its current edition). The annual residual capacity trips for the proposed ASI covering the potentially deficient road segment shall be based upon up to 100 percent of the potentially deficient road segment's remaining capacity, measured in peak hour, peak season trips. Thirty percent of the potentially deficient road segment's remaining capacity shall be reserved for only those land uses which generate one peak hour trip per day or less, based on the most recent ITE Trip Generation Rate Manual. 3.15.7.4.3. Review and approval by board of county commissioners. After receipt of the proposed boundaries of a potential ASI and the proposed residual capacity trips of the ASI from the 8FOW111 management rhim Community Develooment and Environmental Services Division Administrator the board of county commissioners, by October I of each year, shall hold a public hearing noticed pursuant to the requirements of F.S. § 125.66(5), and after consideration of the proposal and public comment, approve the boundaries (including a map of the boundaries) and the annual residual capacity trips of the ASI, with or without modifications, or determine that competent substantial evidence has been placed on the record to show that the road segment is not potentially deficient and determine that the establishment of an AS[ is not necessary to ensure that development orders are served by adequate road public facilities. The approved boundaries and annual residual capacity trip allotments for each AS[ will become effective on October 1 of each year if additional road improvements are not added to the capital improvement element at that time. 3.15.7.4.4. Map of areas ojsignifrcarrt hy7uence (AS!). A map showing the boundaries of each ASI established by the board of county commissioners shall be kept in the munit Development and Environmental Service Division and the office of the Words sereek Ithre are deleted; words underlined are added. -97- s 0 3.15.7.4.5. Duration of established area of signif►crua ittaence (A.SQ. Once the boundaries of an ASI are approved by the board of county commissioners. they arc valid for one year, unless otherwise dissolved. 3.15.7.4.6. Duration of residual capariIv trips. Once the road facility residual capacity trips arc approved by the board of county commissioners, they are valid for one year. 3.15.7.4.7. Dissolution ofarea ofsiRnificant influenceAS7. If the additional needed road improvements identified in the AUIR arc added to the CIE or funds arc available for, and committed for construction of, the needed road improvements to eliminate the classification of a road as a deficient or potentially deficient road segment, then the arca of significant influence (ASI) established for that deficient or potentially deficient road segment shall be dissolved in the same manner in which it was established. Sec. 3.15.8. Regulatory program: review of development to ensure adequate public facilities are available. 3.15.8.1. 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. 3.15.8.2. F—remptions. The following development orders and dcvclopmcnt shall be exempt from the terms of this division: 3.15.8.2.1. 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: 3.15.8.2.1.1. 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, 3.15.8.2.1.2. Substantial deviations arc 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; 3.15.8.2.1.3. An overriding concern for public health, safety, or welfare exists; 3.15.8.2.1.4. 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 3.15.8.2.1.5. The new requirements would not so change or alter a DRI development order that they would materially or substantially affect the developces ability to complete the development authorized by the DRI development order. 3.15.8.2.2. Construction of public facilities that are consistent with the Collier County Growth Management Plan. Words struele bhretmffh are deleted; words underlined are added. -98- 3.15.8.2.3. Any development orders deternincd by the Community Development and Environmental Services Division Administrator not to impact public facilities as evaluated against the standards contained in this division. 3.15.8.2.4. Original temporary construction and development permits and any subsequent renewals not to exceed a cumulative period of one year. . 3.15.8.2.5. Development orders permitting replacement, reconstruction or repair of existing development consistent with all elements of the growth management plan. 3.15.8.2.6. Original temporary use permits and any subsequent renewals not to exceed a cumulative period of one year. 3.15.8.2.7. Any development order or development whose current owner is entitled to receive, and who properly obtains, a determination of vested rights for adequate public facilities ("APF") in accordance with the provisions of this section 3.15.8.2.8. 3.15.8.2.7.1. Application. An application for determination of vested rights for APF shall be submitted in the form established by the grewlefeR! ekief Community Devclonmcnt and Environmental Services Divisio 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: 3.15.8.2.7.1.1. Name, address, and telephone number of the owner and authorized applicant if other than the owner; 3.15.8.2.7.1.2. Street address, legal description, and acreage of the property; and 3.15.8.2.7.1.3. All factual information and knowledge reasonably available to the owner and applicant to address the criteria established in section 3.15.8.2.7.7. 3.15.8.2.7.2. Determination of completeness. Aller receipt of an application for determination of vested rights for APF, 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 grewlh managemenl eh4f Community Development and Environmental Services Division Administrator shall notify the applicant in writing of the deficiencies. The Community Dcvclonment and Environmental Services Division Administrator shall take no further steps to process the application until the deficiencies have been remedied. 3.15.8.2.7.3. Review and determination or recommendation by Communit Development and Environmental Services Division Administrator and the county attorney. Ager receipt of a completed application for determination of vested rights for APF, 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 3.15.8.2.7.7. 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 Words atruelt thre are deleted; words underlined are added. -99- conditions by the hearing officer. Such recommendation shall include findings of fact for cath of the criteria established in section 3.15.8.2.7.7. to the extent that information is presented or obtained or inclusion feasible or applicable. If (he Community Development and Environmental Services Division Administrator and the county attorney agree based on the review and evaluation that the application for determination of vested rights for APF so clearly should be granted or granted with conditions, then they may enter into a written stipulated determination of vested rights for APF with the owner, in lieu of the • written recommendation to the hearing officer and the provisions in sections 3.15.8.2.7.4, 3.15.8.2.7.5. and 3.15.8.2.7.6. However, any such stipulated determination shall be in writing, signed by the gFOW!h rta►ent chief 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 3.15.8.2.7.7., 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. 3.15.8.2.7.4 Review and Determination of Vested Rights Determination for APF by hearing officer. Upon receipt by the Hearing Officer of the Application for Determination of Vested Rights for APF 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 Section 8.2.7.7, and shall follow the rules of procedure set forth in Section 120.57(1)(b), 4, 6, 7, and 8. Florida Statutes, and Section 120.58(1)(a),(d) and (0, Florida Statutes, and Section 120.58(I)(b), Florida Statutes, only to the extent that the Hearing Officer is empowered to swear witnesses and take testimony under oath. The Hearing Officcr 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, Florida Administrative 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 8.2.7.7. 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 Of iccr 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. 3.15.8.2.7.5. Issuance of vested rights determination for APF by hearing officer. Within fiflccn (15) working days after the completion of the public hearing under Section 8.2.7.4, the Hearing Officer shall consider the Application for Determination of Vested Rights for APF, the recommendation of the GFOIA411 Management Chief 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 sct forth in Section 8.2.7.7, and shall deny, grant, or grant with conditions the Application for Determination of Vested Rights for APF for the property or properties at issue. The determination shall be in writing and shall include findings of fact for each Words srzruelt ehreujh are deleted; words underlined are added. -100- of the applicable criteria established in Section 8.2.7.7, 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. 3.15.8.2.7.6 Appeal to the hoirrd of rnrentr rontim.saioners. Within thirty (30) days ager issuance of the Hearing Officer's written determination of vested rights for APF, the County Attorney, the Community Dcvclonment and _nvironmental Services Division • Administrator, or the owner or its authorized attorney or agent, may appeal the determination of vested rights for APF 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 he charged to and paid by the owner or its authorized agent. The noard of County Commissioners shall adopt the Hearing Officer's determination of vested rights for APF, with or without modifications or conditions, or reject the Hearing Officer's determination of vested rights for APF. The Board of County Commissioners shall not be authorized to modify or reject the Ifearing Officer's determination of vested rights for APF 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 licaring Officers determination of vested rights for APF is contrary to the criteria established in Section 8.2.7.7. 3.15.8.2.7.7. Criteria for Vested Rights. This section is intended to strictly adhere to and implement existing case law and statutory law as they relate 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 Ordinance 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 Section 163.3167(8). Florida Statutes. 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 APF only if he demonstrates by substantial competent evidence that he is entitled to complete his dcwclopmcnt without regard to the otherwise applicable provisions of this Ordinance based on the provisions of Section 163.3167(8), Florida Statutes, or all three of the following requirements of the three-part test under Florida cominon 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 be highly inequitable and unjust to destroy the rights acquired. 3.15.8.2.7.8. Linritiitiotr on determination of vested rights for APF. A Determination of Vested Rights for APF which grants an application for determination of vested rights for APF 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 (2) years after the issuance of the determination of vested rights for APF under this Section 8.2.7, or unless substantial permanent buildings have been, or are being constructed Words struele thre are deleted; words underlined are added. -101- or installed pursuant to a valid, unexpired, final development order of Collier County within two (2) years after issuance of the determination of vested rights for APF under this Section 8.2.7., 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 (2) year time limitation on the determination of vested rights for APF shall be stayed during any time periods within which commencement of construction pursuant to a final development order, final subdivision plat. O 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 Ordinance. 3.15.8.3. Certificate of Public Facility Adequaq,. 3.15.8.3.1. General. 3.15.8.3.1.1. A valid, unexpired Certificate of Public Facility Adequacy shall be obtained at the filing for the earliest or next to occur of final subdivision plat, final site development plan or building permit, provided however, any development orders except a final local development order may be approved or issued provided they arc expressly conditioned on the issuance of a Ccrtificate of Public Facility Adequacy prior to building permit approval and provided the owner and applicant proceed at their own risk and expressly waive and release the County in writing from any and all future claims of vested rights and equitable estoppel resulting from such conditional approval or actions relying thereon. 3.15.8.3.1.2. At the applicant's request, the County shall review and approve, or deny, an Application for a Certificate of Public Facility Adequacy prior to the consideration of an Application for Development Approval for any development order needed for a proposed development prior to receipt of a Final subdivision plat approval, final site development plan approval, or building permit approval. 3.15.8.3.1.3. Where the proposed development has been issued final subdivision plat approval or final site development plan approval prior to the effective date of this Ordinance, a Ccrtificate of Public Facility Adequacy shall be obtained prior to approval of the next development order required for the proposed development. 3.15.8.3.1.4. All applicable impact fees and system development fees for a development shall be paid into the Impact Fee Escrow Trust Fund in the amount estimated to be due upon issuance of the building permit(s) for the development upon or prior to issuance of a Certificate of Public Facility Adequacy for the devclopment, except in the instance of a simultaneous application for a building petTnit(s) and a Ccrtificate of Public Facility Adequacy in which case(s) all applicable impact fees and system development fees will be paid directly into the appropriate impact fee fund at the time the building permit(s) and Ccrtificatc arc picked up by the applicant. The payment of the estimated impact and system development fees into the Impact Fee Escrow Trust Fund shall be applied as a credit • towards the impact and system development fees calculated and due upon issuance of the building permit(s) for the development. Impact and system development fees paid into the Impact Fee Escrow Trust Fund shall be refundable upon written request to the Community Development and Environmental Services Division Administrator accompanied by the surrender of the original Ccrtificate of Words are deleted; words underlined are added. -102- Public Facility Adequacy obtained prior to issuance of building perrnit(s) for the development. Fees paid upon issuance of building permit(s) in accordance with the applicable impact fee or system development fee ordinances shall be refundable pursuant to the provisions of such ordinances upon written request to the Finance Director, Clerk t ,'Courts. 3.15.8.3.2. Rides of general applirahilily for rerrifirale of public facility adequacy. 3.15.8.3.2.1. Timing. An Application fort Ccrtific:rtc of Public Facility Adequacy may • be submitted at any time, subject to Section 8.3.1.1. 3.15.8.3.2.2. Consolidwed applirnNon. A building permit, final subdivision plat or final site development plan shall receive final approval only to the extent to which the proposed development receives a Certificate of Public Facility Adequacy. The Application for a Certificate of Public Facility Adequacy may be submitted with an Application for Development Approval, where appropriate under this Ordinance. 3.15.8.3.2.3. Assignability and transferabililt-. A Certificate of Public Facility Adequacy shall run with the land, shall be assignable within a proposed development, and shall not be assignable or transferable to other dcvclopmcnt. 3.15.8.3.2.4. Expiration. A Certificate of Public Facility Adequacy shall expire three (3) 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, provided: 3.15.8.3.2.4.1. For development comprised of more than five hundred (500) residential dwelling units, or for a phased increment of development comprised of more than one hundred and finy (150) residential dwelling units, or for a commercial/industrial development of more than 100,000 square feet of gross leasable area, a Certificate of Public Facility Adequacy shall expire five (5) 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, provided the certificate holder: 3.15.8.3.2.4.1.1. Obtains approval of its Final Subdivision Plat and Final Site Development Plan, whichever is applicable, within twelve (12) months from the date of issuance of the Certificate of Public Facility Adequacy; and 3.15.8.3.2.4.1.2. Commences construction of the infrastructure for the Final Subdivision Plat and Final Site Development Plan, whichever is applicable, within twenty-four (24) months front the date of issuance of the Certificate of Public Facility Adcquacy; and 3.15.8.3.2.4.1.3. Completes the construction of the infrastructure for the Final Subdivision Plat and Final Site Development Plan, whichever is applicable, and records the Final Subdivision Plat in the public records of Collier County, if applicable, within thirty-six (36) months from the date of issuance of the Ccrti ficatc of Public Facility Adequacy. 3.15.8.3.2.4.2. For purposes of determining the expiration of a Certificate of Public Facility Adequacy for a mixed use development, the size of the mixed use development shall be determined by aggregating the percentage of the Words struelt ehre are deleted; words underlined are added. -103- threshold for each land use component identified in Section 8.3.2.4.1 that is proposed for the mixed use development. 3.15.8.3.2.5. 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. 3.15.8.3.2.6. Anything in this Ordinance to the contrary notwithstanding, all Certificates of Public Facility Adequacy approved or issued from the date that the Community Dcvclopmcnt and Environmental Services Division Administrator presents the proposed ASI boundary maps to the Board of County Commissioners, as provided by Section 7.4.2.3, through the date that the boundaries and the Annual Residual Capacity Trip Allotments for each ASI arc approved by the Board shall be expressly conditioned upon any and all restrictions, limitations, provisions, boundaries and allotments adopted by the Board of County Commissioners pursuant to Section 7.4.3. 3.15.8.3.3. Effect of Development Agreement in Conjunction with a Certificate of Public Facility Adequacy. Upon approval by the Board of County Commissioners, any applicant may enter into a Development Agreement with Collier County pursuant to the provisions of Section 163.3220-3242, Florida Statutes, 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 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. Development Agreements may address conditional development order approvals and conditions for renewal of the Certificate of Public Facility Adequacy beyond five (5) years, however, the duration of any Certificate of Public Facility Adequacy shall not exceed five (5) years. Development Agreements may also provide for private provision of public facilities or for a joint endeavor between the private sector and Collier County to provide public facilities. Any public facility in the Five (5) Year Schedule of Capital Improvements in the CIE on which such a Certificate of Adequate Public Facilities is made in conjunction with the approval of a development order and a Development Agreement shall not be delayed, deferred, or removed from the Five (5) Year Schedule of Improvements in the CIE. 3.15.8.3.4. Procedure for Review of Application. 3.15.8.3.4.1. Submission of application andfee. An Application for a Certificate of Public Facility Adequacy shall be submitted to the 6re++411-MaAageMenl Chop Community Development and Environmental Services Division Administrator. An application shall be submitted at the filing of the earliest or next to occur of final subdivision plat, final site development Words struek thre are deleted; words underlined are added. -104- plan, or building permit. An application fee in an amount to be determined by the Board of County Commissioners shall accompany and be part of the application. 3.15.8.3.4.2. Application contents. The forts and contents for the Application for Public Facility Adequacy shall be established by the Chiet Community Development and Environmental Services Division Administrator and shall be published and made available to the general public. 3.15.8.3.4.3. Determination of completeness and review. Aller receipt of an Application for Certificate of Public Facility Adequacy, the 6re+A4h Management Chief Community Dcvclonmcnt and Environmental Services Division Administratol shall determine whether it is complete within three (3) business days. If it is determined that the application is not complete, written notice shall be served on the applicant specifying the deficiencies. The Community Development and Environmental Services Division Administrator shall take no further action on the application unless the deficiencies are remedied. Within five (5) 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 in the application pursuant to the standards established in Section 8.3.5. 3.15.8.3.4.4. Appeal to Public Facilities Determination Appeal Committee. Within thirty (30) days after issuance of the determination of the F,regwh A 4anagemem £-hief Community Development and Environmental Services Division Administrator on the Application for a Certificate of Public Facility Adequacy, the applicant may appeal the determination of the Community Development and Environmental Services Division Administrator on the Application for a Certificate of Public Facility Adequacy to the Public Facilities Determination Appeal Committee. A fee for the application and processing of 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. The Public Facilities Determination Appeal Committee shall hold a hearing on the appeal and shall consider the determination of the C-1•ti4 Community Development and Environmental Services Division Administrator and public testimony in light of all the criteria set forth in Section 8.3.5 of Ibis Ordinance. The Public Facilities Determination Appeal Committee shall adopt the Community Development and Environmental Services Division Administrator's determination on the Application for a Certificate of Public Facility Adequacy with or without modifications or conditions, or reject the Community Development and Environmental Services Division Administrator's determination. The Public Facilities Determination Appeal Committee shall not be authorized to modify or reject the Community Development and Environmental Services Division Administrator's determination unless the Public Facilities Determination Appeal Committee finds that the determination is not supported by substantial • competent evidence or that the Community Development and Environmental Services Division Administrator's determination is contrary to the criteria established in Section 8.3.5 of this Ordinance. The decision of the Public Facilities Determination Appeal Committee shall include findings of fact for each of the criteria. Words are deleted; words underlined are added. -105- 3.15.8.3.4.4.1. Composition of Public Facilities Determination Appeal Committee. The Public Facilities Determination Appeal Committee shall be comprised of three (3) members: the Office of Capital Projects Management Director, or his designee; Metropolitan Planning Organization (MPO) Coordinator, or his designee; and the Project Review Services Manager, or his designee. 3.15.8.3.4.5. Cancellation of certificates. Upon notification by the GFowth Mani gemett! 0►+ef Community Devclonment and Environmental Services Division Administrator or his designee, that an application for a Ccrtificatc of Public Facility Adequacy has been approved and a Certificate issued, the applicant shall have thirty (30) calendar days to pick up the Certificate and pay all applicable impact and system development fees. 1f the applicant fails to pick up the Certificate and pay the appropriate fees within twenty (20) calendar clays of notification of approval, a second notification of pending cancellation of the Certificate will he sent to the applicant by certified mail. If the applicant docs not pick up the Ccrtificatc and pay all applicable fees within ten (10) calendar days of notification by certified mail, the Certificate will be voided. In such a case, the applicant shall then be required to apply for issuance of a new Ccrtificatc. Certificates issued simultaneously with building permits shall be voided if the applicant fails to pick up the building permit and fails to pay all applicable fees within the time period during which such building permit(s) rcmain(s) valid. 3.15.8.3.5. 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). 3.15.8.3.5.1. Potable water facilities. 3.5.1.1 The Potable Water component shall be granted if any of the following conditions arc met: 3.15.8.3.5.1.1. The Potable Water component shall be granted if any of the following conditions are met: 3.15.8.3.5.1.1.1. The required Public Facilities arc in place at the time a building permit is issued. 3.15.8.3.5.1.1.2. The required Public Facilities arc under construction at the time a building permit is issued. 3.15.8.3.5.1.1.3. The required Public Facilities arc guaranteed in an enforceable development agreement that includes the provisions of Subsections 8.3.5.1.1.1 and 8.3.5.1.1.2. 3.15.8.3.5.2. Sanitary Sewer Facilities. 3.15.8.3.5.2.1. The Sanitary Sewer component shall be granted if any of the following conditions are met: 3.15.8.3.5.2.1.1. The required Public Facilities are in place at the time a building permit is issued. 3.15.8.3.5.2.1.2. The required Public Facilities arc under construction at the time a building permit is issued. Words are deleted; words underlined are added. -106- 3.15.8.3.5.2.1.3. The required Public Facilities arc guaranteed in an enforceable development agreement that includes the provisions of Subsections 8.3.5.2.1.1 and 8.3.5.2.1.2. 3.15.8.3.5.3. Solid Waste Facilities. 3.15.8.3.5.3.1. The solid waste component shall be granted if any of the following conditions are met: 3.15.8.3.5.3.1.1. The required Public Facilities are in place at the time a building permit is issued. 3.15.8.3.5.3.1.2. The required Public Facilities are under construction at the time a building permit is issued. 3.15.8.3.5.3.1.3. The required Public Facilities are guaranteed in an enforceable development that includes the provisions of Subsections 8.3.5.3.1.1 and 8.3.5.3.1.2. 3.15.8.3.5.4. 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 4.22, 3.15.8.3.5.5. Park and Recreation Facilities. 3.15.8.3.5.5.1. The Parks and Recreation component shall be granted if any of the following conditions arc met: 3.15.8.3.5.5.1.1. The required Public Facilities are in place at the time a building permit is issued. 3.15.8.3.5.5.1.2. The required Public Facilities are under construction at the time a building permit is issued. 3.15.8.3.5.5.1.3. The required Public Facilities are the subject of a binding contract executed for the construction of those Public Facilities which provides for commencement of actual construction within one year of issuance of a building permit. 3.15.8.3.5.5.1.4. The required Public Facilities are guaranteed in an enforceable development agreement that includes the provisions of Subsections 8.3.5.5.1.1, 8.3.5.5.1.2 and 8.3.5.5.1.3. 3.15.8.3.5.6. Road Facilities. The Road component shall be considered based upon whether the proposed development is outside a designated ASI or within a designated ASI. 3.15.8.3.5.6.1. Development Outside Designated Area of Significant Ifuence (ASI)or Mitre No ASI Exists. For development outside a designated ASI, or where no ASI exists, the Road component shall be granted. 3.15.8.3.5.6.2. Development Within Designated Area of Significant Influence (ASI). For development within a designated ASI covering a potentially deficient road segment, the Road component shall be approved, subject to available capacity, if it is demonstrated the proposed development will not make the potentially deficient road segment within the ASI a deficient road segment. In the instance where the proposed development will create a Words struele threulliare deleted; words underlined are added. -1017- deficient road scgmcnt, a Certificate of Public Facility Adequacy for the road component shall he approved only for that portion of the development that docs not create the dcficicnt road segment. For development within a designated ASI covering a dcficicnt road segment, the road component shall be approved only for that portion of the development that docs not increase the net trips on the deficient road segment and docs not further degrade the LOS of the dcficicnt road segment. SUBSFCTION 3.K: AtiIF,NDMF,NTS, TO CROWTII MANACFNIF.NT DEPARTiIMENT DIVISION Division 5.8, Growth Management Department, of Ordinance No. 91-102, as amended, the Collier County Land Development Code, is hereby deleted in its entirety as follows: 5-8.2.5 1+ief-4e-6 y- 5.8.2.6. Words are deleted; words underlined are added. -108- SUBSECTION 3.L: AMENDMENTS TO COMMUNITY DEVELOPMENT SERVICES DIVISION Division 5.9, Community Development Services Division, of Ordinance No. 91-102, as amended, the Collier County Land Development Code, is hcreby amended to read as follows: DIVISION 5.9. COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION • Sect. 5.9.1. Creation and appointment of the community development and environmental services administrator. 0 The community development and environmental services administrator shall be the agency head of the community development and environmental services division and shall be appointed by and serve at the pleasure of the county manager. Sec. 5.9.2. Jurisdiction, authority and duties. In addition to the jurisdiction, authority and duties which may be conferred upon the community development and environmental services administrator by other provisions of the county Code of Collier County or the county manager, the community development g_nQ environmental services administrator shall have the following jurisdiction, authority and duties: 5.9.2.1. To provide the board of county commissioners, the Development Services Advisory Board, planning commission, the board of zoning appeals, the building board of adjustments and appeals, the code enforcement board, and the contractors' licensing board, with reports and recommendations with respect to matters before such bodies as directed by the board of county commissioners or the county manager. 5.9.2.2. To administer and manage the deyelepmen Planning services, Pollution Control Natural Resources, Building_ Review and Permitting Code Enforcement and housing and urban improvement departments, and oversee the preparation of the budget for each. 5.9.2.3. For the purposes of this code the phrases Development Services Director, Growth Management Director. Code Compliance Director. Growth Planning Director and Planning Services Director, shall mean the Community Development and Environmental Services Administrator. or his designee. SUBSECTION 3.M: AMENDMENTS TO DEVELOPMENT SERVICES DEPARTMENT DIVISION Division 5.10, Development Services Department, of Ordinance No. 91-102, as amended, the Collier County Land Development Code, is hereby deleted in its entirety as follows: Words are deleted; words underlined are added. -109- 640 stendafds of this eede. 640.2.12, Words strttek thre are deleted; words underlined are added. -110- Words otvuek thre are deleted; words underlined are added. -111- 0 0 Words struelt thr are deleted; words underlined are added. -112- G lam warhftieal-- ssista nee and staff d—pfepafe lice-'-seewn budget. SUBSECTION 3.N: AMENDMENTS TO GROWTH PLANNING DEPARTMENT DIVISION Division 5.11. Growth Planing Dcpartment, of Ordinance No. 91-102, as amended, the Collier County Land Development Code, is hereby deleted in its entirety as follows: Words streek thre are deleted; words underlined are added. -113- ei> > 1n �iTlTiT9TfT {er-!te eeunty. c s.� like fequifed by !he gfewih management plan. e ice::n 646;442. e 431 c 11,1.1.tri-4. SUBSECTION 3.0: AMENDMENTS TO HOUSING AND URBAN IMPROVEMENTS DEPARTMENT DIVISION Division 5.12, Housing and Urban Improvement Department, of Ordinance No. 91- 102, as amended, the Collier County Land Development Code, is hereby deleted in its entirety as follows: Words are deleted; words underlined are added. -114- SUBSECTION 3.P: AMENDMENTS TO DEFINITIONS SECTION Division 6.3, Definitions, of Ordinance No. 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Division 6.3 Definitions Anchor Tenant: An anchor tenant also known as a lcad tenant. is tenant of a commercial establishment which generally occupies a larger square footage than the maiority of commercial tenants within a multi -occupancy structure. Anchor tenants tend to be those tenants within a multi -use structure, with whom the center may be identified, or which may ¢enerate hieher volumes of traffic. A multi -occupancy structure may have one or more anchor tenants. Commercial equipment: Any equipment commonly used in a commercial business, s i e ; eeetfesteEs=equipment, erphAndiow (See section 2.6.7.) Words etruek thre are deleted; words underlined are added. -115- Commercial vehicle: Any vehicle used in conjunction with a commercial or business activity= tsaeks. (See section 2.6.7.) Facade The exterior walls of a building visible to the public which may or may not include a portion of the roof, and includes architectural design treatments entryways windows and the ike Metallic materiats or colors: Materials or colors having the characteristic appearance or suggestion of metal. • Muted Earrhtone Colors; Colors and color variations with subdued intensitty predominant in the natural landscape of the earth including variations of green blue brown and yellow Navigable walerway: Any salt or brackish body of water, whether natural or manmade which is tidal in nature. and is wide enough deep enough, or free enough from obstruction§to be traveled on by vessels and is connected to another navigable waterway. For the purposes of division 2.8 of this code the term navigable waterway shall not be construed to include waterways which function primarily as drainage canals _ Predominant exterior building color: Any exterior building color constitutingthit y (30) percent or more of coverage of a building facade, Predominant exterior building material: Any exterior building material constituting thirty (30) percent or more of coverage of a building facade Primary arterial or collector street • For the puMgses of division 2.8 of this code this term _ shall mean those streets adjacent to a commercial building or project which is classified as an arterial or collector street in the Collier County Growth Management Plan and which provides vehicular in rg ess and egress to the building or proiw. excluding ingress and egress intended primarily for delivery, service or employee parking Primary facade: Any facade of a building which is adjacent to a navigable waterway. public or private street or vehicular use area excluding those vehicular use areas primarily intended for service vehicles or employee parking. SUBSECTION 3.Q: AMENDMENTS TO APPENDIX B, TYPICAL STREET SECTIONS Appendix B, Typical Street Sections, of Ordinance No. 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: LDC$:3 Appendix B- Typical Street Sections Gel de see Local street B B42 Commercial/industrial B-4 Minor collector B44 Major collector 13-6� • SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County and other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or Words struelt thrett4 gh are deleted; words underlined are added. -116- 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 IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. WT ION 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 ---74 day of , 1996. BOARD OF COUNTY COMMISSIONERS COLLIER COU RIDA ' BY: NORRIS, CHAIRMAN ATTEST: DWIGHT E. BROC CLTRK AP , ROVE]) AS TO FOI,iM AND LEGAL SUFFICIENCY MARJ RIE M. STU15ENT ASSISTANT COUNTY ATTORNEY RM1bk116609 • Words truek thi-e are deleted; words underlined are added. -117- a 60' I Min 3' 5 3' 6' 2-1 10' 10' 2' 6' 3' 5 IX Min Sidewalk Min Min Min Min in Min Min Min Valley 001 ft/ft typ-) p.0.2 1t tt Gutter FM or EM 5 5• Alt. FM 5 .Aty Min i4ory Min Min Notes: 1) Alldimensions ore minknums. DknMsions 00 not add up J* total Right–of–May- 2) Sidewalk section to consist of 4' conmtw with 12" compacted suagrode or 1' Type III ospholt (6' wide). 4" L:mwrock 12" Vaalitad sro ubgas. 3) pavement ssation to consistent 1 1/2' Ttos S-109001Ll os 5' Llmerock. 12• staaltired tuogfode. e) M signing and pa_,m t marking h occordonee with 'Mond on Uniform Traffic Contra Oedces (MUTLD�' S) Tree shown ore optional but shown for plecemsnt purposes only- __ ar __ 19 12-0 5' Min LOCAL STREET (or cul—de—sac) TYPICAL SECTION LOCAL ROAD 5' Min COLLIER COUNTY LAND DEVELOPMENT CODE Notes: 1) All d+nensi0ns ere min4rwms. Dimeneiona do not add up I. total Righ 1701–Way. 2) Siaewelk section to consist of 4- concrete with 12 comexted subgrade or 1' Type In 0aphalt (6' ride). 4' Limerack. 12 stcbkrz d lu grade. J)Pavement ection to eonsislonl 1 1/2' Type 5–III oapholt. 6' Li—ack, 12_stob✓tited subgrade_ a) All signing and pavement marking In accordance with �Monuol onuniform TrafGo Controlvi Deces (MUT D).- j) Tree shown xe optional but shown for placement aurposes only. MINOR COLLECTOR TYPICAL SECTION I COLLIER COU14TY LAND MINOR COLLECTOR ROAD pEVELOpuENT cooE r1LE: TREE2 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 96-66 Which was adopted by the Board of County Commissioners on the 30th day of October, 1996, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 7th day of November, 1996. DWIGHT E. BROCK Clerk of Courts and Clerk Ex -officio to Board of County Commissioner -b; ZBy:Maureen K nyon; , Deputy Clerk > P°INT SEL HATTON DO UNDARY SURVEY CONMBNCALSNT PROFF,'SSIOV,4L LAND SL/RV,E4Y0R, I NORTHWEST CORNER- 36--09- 25 INC. I F - N 89'24'44- E LEGAL.- DESCRIPTION 50.00' 0 0 • PPOPEATY LSE STAMPED 'LS 5109' RTW • TA WAY • - FIND iR RI A PARCEL OF LAND LOCATED WITHIN LOT 44 Z DRA OE • pRANAIF EASEMENT SET 5/S'IROM POD W1TN CAP RE : nano s ERAEsENNre T fio^ud"o DDPwi i i°e NAPLES PRODUCTION PARK - SE DIRECTEASEMENT •SET DRRL /NILE ECOPOED PLAT LOCATED N SECTION 36.C10-- 49 $OiRiL RANGE 25 EAST COLLIER COMMERCIAL WE •WALL EAREMENT ♦ - FDD NAR- E •NONEXCLUSIVE EASEMENT Q - SET NAIL AND DISK. LLE -LANDSCAPE BUFFER STANAFD 'LE 5109- n Un+,cor6,rl P f lrytnp Inn ! 6,tngnp eJ e,etien 98. TewneA4Q SovtA. SCILe: R v sa eR,e. c <a. pennev. ela.aW9 .o.. Pnnna..l9.ty a.,ana6.v . �.upw.: 1- 40• - FOUND A ROAD SMKE lm - uilDiv ERPOLE. - Commencingy at the North—t corner of Section 36, Township 49 South, Range 26 East, CoLLier CounEy, TFi Srnv)) aNY To- 1h, tM braAxl b«,a urd I.' D - sioAH DRAIN BASH GW - WY WIRE ARCTLEINOTH RAL ANGUI v N FLorida: Thence Long the North t,n* of said Section 36 N 89'24'44" E 50.00 set to the East ri ht_o oy f D f_wa•y line t2 port Road (C 31) thenc¢ 'Dht_ofw¢'y ESWL SANITARY FEWER MANHOLE WN -CHORD >. lran R1, rccaded PIS m alar .eym.W W Pcryoriy tM Mrwn d..mb.d IPJ M' long said Cine S 0"42'05' E 1 641,24 feat; Yh ce N 8A'21'02" E 409,98 ja¢t tH Lhe PoT A¢Dinn.inD; Q) of W nE D Lh vTI.<•¢ N 03758' W 21.S.LJO f.¢L; 1/evncP N 8A,2 02" E 260.00 feel; [/done¢ S O i2 Y7" 1" 2/000 f¢rI, Lhf. TM err y ibj.n5 arty non v.d d b duan Iw 1M A6Rm« Ttlt f M PraMr Y M baso rws.wl O WON ROD TOB TOP F gANc EE YY®YY - E%ISTNG ELEVATION ED ELEERTRISC E R ITCE NDVD - PR TPI ONALEGEOpETIC FH FRE GRANT 5.16°2 lrfan.l P:e..d,161 ti dare R og.N. Ter.: S L[9'21 YJ2" W .200.00 { t Lo Lhe Poi fol f DeyTnninD. ¢snq part ¢f the W I/L2 of the W Y 2 PC POINT OF CURVE •VERTICAL DATUM Tb.y ero.W4 Fnaa p 1Mra .M., -- DAlE. !L EF• FINISHED FLOOR PP RC TONT OFPEVERSE CURVE I the NW 7/4 j said Section 3 and suLye ct Lo road easem rWt I'1ELVN HATTCN ELEVATION CC.• POINT OF COPPOUND CVRVE �. FLORIDA REGISTRATIDN N0. 5109 LB -LICENSED BUSINESS - NMro I SPACE LS - LICENSED SURVEYOR ever the .South 30 feet and over the East 30 fee. t. 3506 EXCHANGE AVENVE P.P.M.-. PERMANENTS REFERENCE MONUMENT �rlid ddP�,.la.. p N vgud ad Wwn ndad mh 1M M-11. FLORIDA 3ENb P.<. P.- PERMANENT CONTROL POINT THEPRDFERTY MTFPED END SPATY.aI 4EREW LES N ROODZaE X HEYA710N WA P61 06roS/B6 0 LB 64o IV 89'21'02 E ? 200.00' (Me ID) 9 °> 1ry ye 0 q9 t♦ - y (OMAN LN( FENCE _ 30� WOOD .. ASPHALT 0 lt)\p ;� DRIVEWAY k6 � 84.6 �O 33.9 oa � �. A 51.5 RASH pN W so A0 v �m ONE STORY BUILDING /ASPHALT p. / PARKING I W C�� ASPHALT FLOOR EL. 2. PAkrcING - 10.3' 1 t o I I In TWO STORY _V7 $ I D N BUILDING - N 34.3 I w 51.4' 975• - (1 'U. a 84.3 X10 p I? •S9 YALYE6 CONC. M y ^ STEPS wM (t"To R SK+N - N FILE L SD �,I01� eM16 9/9 s 3a• "`l 11 0LBI 1A,5 00 O. T �Jy TMT .: EHD S0' ROAD XASENINT EDGE OF PAVEMENT N 89-21-02- 409.98 e �'s S 99°.Zf102 W 200.00, eTo, POINT A0i?C4NTILE AVENUE OF BEGINNING - ("'INI DO UNDARY SURVEY sKETcrr # sslrs SCALE 1" = 40 DATE; 8/10/99 LEGAL DESCRIPTION THIS SURVEY PREPARED FOR: LEGEND MRI• NOT RADIAL - POUND CONCRETE MONUMENT t• CENTEI4WE O •SET CONCRETE MONUMENT A PARCEL IN LOT 44 • PPOPEATY LSE STAMPED 'LS 5109' RTW • TA WAY • - FIND iR RI NAPLES PRODUCT/ON HARK DRA OE • pRANAIF EASEMENT SET 5/S'IROM POD W1TN CAP RE : nano s ERAEsENNre T fio^ud"o DDPwi i i°e SE DIRECTEASEMENT •SET DRRL /NILE ECOPOED PLAT LOCATED N SECTION 36.C10-- 49 $OiRiL RANGE 25 EAST COLLIER COMMERCIAL WE •WALL EAREMENT ♦ - FDD NAR- E •NONEXCLUSIVE EASEMENT Q - SET NAIL AND DISK. LLE -LANDSCAPE BUFFER STANAFD 'LE 5109- LI.ER COUJTY aoRlDn BUILDER'S - FOUND A ROAD SMKE lm - uilDiv ERPOLE. "—��- 9..IIVEYORB TES: !� TEL -TELEPHONE LO% F' RECORD INFORMATION _ TV - UNDEROPDUN. TELEVISION FELD MEAS"EMENT FSL F OPoDA POWER 6 L.T I ql • .NFD MATpN PER DEED TFi Srnv)) aNY To- 1h, tM braAxl b«,a urd D - sioAH DRAIN BASH GW - WY WIRE ARCTLEINOTH RAL ANGUI rofm N e1 TH,. Lary o- F..dan e! Ea.braMw: Eawaan lune Na trewy ESWL SANITARY FEWER MANHOLE WN -CHORD >. lran R1, rccaded PIS m alar .eym.W W Pcryoriy tM Mrwn d..mb.d IPJ WATER METED LENGTH CtftNc - CONCRETE CB CHORD LENGTH Hu Ivreh d M .v .`b y N.a du„r ar .1.er. ay.m +rPSC��O-DE. OO}ppi IM Rondo- R/R .OFF R6EAD ED, - PAGGEE OF A-E— on PVIP of ET IOW! Roo OVEPHEAo PaW9t FIR -FOUND TM err y ibj.n5 arty non v.d d b duan Iw 1M A6Rm« Ttlt f M PraMr Y M baso rws.wl j WON ROD TOB TOP F gANc EE YY®YY - E%ISTNG ELEVATION ED ELEERTRISC E R ITCE NDVD - PR TPI ONALEGEOpETIC FH FRE GRANT 5.16°2 lrfan.l P:e..d,161 ti dare R og.N. /(� 6q PC POINT OF CURVE •VERTICAL DATUM Tb.y ero.W4 Fnaa p 1Mra .M., -- DAlE. !L EF• FINISHED FLOOR PP RC TONT OFPEVERSE CURVE Thb paparrY N w..y,d aY L,gd ,.vylbn 6. lu I'1ELVN HATTCN ELEVATION CC.• POINT OF COPPOUND CVRVE rrebMa wr w.11ur ey.m. TM Beowy. dw.. w bmN m FLORIDA REGISTRATIDN N0. 5109 LB -LICENSED BUSINESS - NMro I SPACE LS - LICENSED SURVEYOR llu Can«i,a of HBiCANTIE AYEME:. Barg:55D'EOT W 3506 EXCHANGE AVENVE P.P.M.-. PERMANENTS REFERENCE MONUMENT �rlid ddP�,.la.. p N vgud ad Wwn ndad mh 1M M-11. FLORIDA 3ENb P.<. P.- PERMANENT CONTROL POINT THEPRDFERTY Y�^o'M:aG PHONE (0411 ]?9-]flBl SPATY.aI 4EREW LES N ROODZaE X HEYA710N WA P61 06roS/B6 ("'INI 2L'I I 2,1 7 2 J 73'10 OUT TO OUT OF CONCRETE ANCHOR BOLT PLAN N0. REN40NS j.AoEjcv I DATE JENCRI DATE 1 "0.1 REVISIONS wAOE I CK'D I DA: fE JENGRI DATE ORAWIwO SUBw nAi SCALE: NONEFDIATE EUEAULA ALABAMA srATus TAMIAMI FORD AUTO SERV. - [.) roa rowsmucTOw DaAww rn: DNS 99 1471 AIRPORT -PULLING RD.` [ ] roR AP° cnEOKED Br. BILL (] roR PEldir ONLY. 99 NAPLES , FL - AMERICAN BUILDINGS COMPANY DRAWING, NUMBER' 11972201 AB -1 0 (] roa Pau umARr OESIGu APrro er: eew a -Iv -vs COLLIER COMMERCIAL BLDR CAD Br: xAt Iz/13/ss is:D9:57 •. 13.J B:YL'b BP01-B _ _____-___-_-_-___ I i o d 2L'I I 2,1 7 2 J 73'10 OUT TO OUT OF CONCRETE ANCHOR BOLT PLAN N0. REN40NS j.AoEjcv I DATE JENCRI DATE 1 "0.1 REVISIONS wAOE I CK'D I DA: fE JENGRI DATE ORAWIwO SUBw nAi SCALE: NONEFDIATE EUEAULA ALABAMA srATus TAMIAMI FORD AUTO SERV. - [.) roa rowsmucTOw DaAww rn: DNS 99 1471 AIRPORT -PULLING RD.` [ ] roR AP° cnEOKED Br. BILL (] roR PEldir ONLY. 99 NAPLES , FL - AMERICAN BUILDINGS COMPANY DRAWING, NUMBER' 11972201 AB -1 0 (] roa Pau umARr OESIGu APrro er: eew a -Iv -vs COLLIER COMMERCIAL BLDR CAD Br: xAt Iz/13/ss is:D9:57 •. 13.J OUT E SHEAT OUT D SHEAA BP02-C OUTSIDE OF SHEAR EAu Y1 0 i 1/sAe f� 22 22' 22' 10 BP02-A 10 21 21 21 OUTSIDE OF SHEAR TALL F BP01-A OUTSIDE OF SHGR MALL - 0 AB 22 2z 2z I BP04—A 110 21 21 21 OUTSIDE OF SHEAR 'A GL BP03—A REACTION TABLE (kiosil EOAO DEx WIrvO e c 0 0 + C + L A{.8 - 25.5 {{,8 255 2 -J0.6 e9.2 0 +0 C FRAME LINE 02 0 FRAME LME 03 I A 0 REACTION TABLE ki s tw DESC D + C + L 8 D + wt-> L-> o.c. L -10.5 0 h w2-> 1 1 113 s wi -{�9 D ♦ W2- . -9. REACTION T BLE LOAD -ESC M1N0. D + C + L D + wt-> L-> 1.8 -10.5 0 h w2-> D + w2< R-> 1E -{�9 A B. FRAME LINE B REACTION TABLE (kips) LMD OESC WIND E F D ♦ C 3 L 0.6 9.1 0 + wl_- C �D + W7<� FRAME LINES IA & 1C (HIP FRAME) S10SIYALLSON (1) BRACED BAY) VINE X %6'T'NO REACTIONS 7 vGif Nnr �"diiTES —1-SlAunAt SCALE: NONE DATE EUFAULA I ALABAMA TAMIAMI FORD AUTO SERV. roa mxslmlcrrox Danwry W- DWS 12.17.99 1471 AIRPORT -PULLING RD. EOR MRPOVAL C ECOED eY. Foa rERurt oxer BfLl !2.17.$9 NAPLES, FL AMERICAN 9UILDINCS COMPANY rat RaELu xuw Des10N ARFD rr: EESW 12-17 19 COLLIER COMMERCIAL BLDR DRAWING. REv.00. BYE KAT 12/13 99 1+-09:57 .. 11J NUMBER' 11972201 AB -2 D is W WEST ELEVATI❑N EAST ELEVATION L NORTH ELEVATION SCALE 1/4'-1'-0' a e s U a Q 1 A w u d A e a4 -6 o p u c _oma N _ e m f J � O �Z i C � E REVISIONS 1 3/6/00 2 3 TE, 10/7/99 COMMA 99106 S14EET 0 -3 of 3. W FAI ELECTRICAL FLOOR PLAN AL 1/4'=I' -T' CONNECTED LOAD U000 VA u Or i' S c L a s Q F Y N J S_ ° O n� i a d n E REVISIONS 112/29/98 2 1/5/00 3 J y l0' -0'x9'-0' RULLUP DU 12 REG XRE ) W U NEW PAIR 3' -0'z6' -8'x1-3/4' STEEL DO RS W/7x14 WIRE GLASS VISION LIGHTS. 3 PR. 0 BUTTS, LEVER PASSAGE SET, W ��� DUMMY LEVER, FLUSH BOLTS, [LOSER 6 ASTRIGAL. y 1 HOUR LABEL DOOR, FRAME 6 HARWARE. FILL IN WALL W/12' CONCRETE BLOCK. W LLJ iW �--I � Wo EXISTING L L — }y O W Q ro W og >w� 0 W Z 1 H W Q H H Q EXISTING ARCHITECTURAL FLOOR PLA N w� GALE 1/4'= EHICLE �G Y U Yu OFFICE AREA ,._.wr •- �r-.we• •- � r�. ve• - � rwr - � r�. vz• •- � r�,rs• � ri.yr - � ,•{. yr - r- wx•� U i Q C _ O _ T _ f 2s T J _ O m i d _ E REVISIONS 112/29/99 2 3 DATE, 10/7/99 COMM.B 99106 ' SHEET N 2 of 5 J EXISTING w� EHICLE R PAIR AREA OFFICE AREA ,._.wr •- �r-.we• •- � r�. ve• - � rwr - � r�. vz• •- � r�,rs• � ri.yr - � ,•{. yr - r- wx•� J PRECAST ROOF EXISTING MANSARD / ROOF /1 STANDING SEAM METAL ROOFING 3' VINYL FACED INSULATION EXISTING PRECAST FLOOR COLUMNS TO HAVE 3/4' BASE PLATES 7-I/2'x16' W/(<) 1' EXPANSION BOLTS SECTION X -X PRE-ENGINEERED METAL BUILDING NOTES METAL BUILDING SHALL BE EQUAL TO. 'AMERICAN BUILDINGS' (110 M.P.H. WIND LOAD, 20 psf LIVE LOA➢) APPLIED TG RIGID FRAME AS — SPECIFIED IN 'RECOMMENDED DESIGN PRACTICES OF THE METAL BUILDINGS MANUFACTURER'S ASSOCIATION' `pC ALL REINFORCING STEEL SHALL BE A615 GRADE 60 (U ALL ANCHOR BOLTS SHALL BE SET W/TEMPLATES MANUFACTURER'S ERECTION DRAWINGS ARE. INCLUDED 6u6x5/t6' STUB COLUMN HY ME TRL COL MNG AS PART OF THIS CONTRACT AND ALL WORK SHALL BE IN ACCORDANCE W/SAME. DO CONTRACTOR — PLANS ARE BASED ON THE ABOVE MENTIONED MANUFACTURER EXISTING TIE BEAM AND SUBSTITUTIONS MAY REQUIRE REVISIONS TO THE FOUNDATION DESIGN AND BUILDING DIMENSIONS. W CONTRACTOR SHALL PROVIDE THE ARCHITECT WITH THE z� METAL BUILDING MANUFACTURER'S ERECTION DRAWINGS FOR APPROVAL OF BUILDING SELECTION PRIOR TO COMMENCEMENT OF ANY WORK CONTRACTOR SHALL SUBMIT REINFORCING STEEL SHOP DRAWINGS FOR ARCHITECT'S APPROVAL PRIOR TO PLACEMENT. LAJ V) TRANSVERSE SECTION SCALE 1/2'=1'-D' (REVISIONS 1 12/29/99 2 3 DATE, 10/]/99 W � U W z� LAJ z Q z FLASH NEW ROOF INTO EXISTING BLOCK WALL Mctn� z LL z STANDING SEAM -METAL FASCIA 'ON Me (4 ol=io' .ai Mxnt trot OC, C. (REVISIONS 1 12/29/99 2 3 DATE, 10/]/99 W ry U 0 ~ W i C lD W z� W � D Q W Q r D l� W z �Q �H �Q F- FAI J ELECTRICAL FLOOR PLAN SCALE 1/4'=1'-0' 1 CONNECTED LOAD 31,000 V.A, J IPl 4M] F E.L. W o C-3 oxo C 0 'q= W i W EXISTING z� � o W RO❑E za�oxr� 0 Q W nn EVCPSTI w W Q W LD W z EXISTING i H � H E.L. /r .L L..L SECOND FLOOR PLAN SCALE 1/4'=l'-0' { u f3 NOTE- V . THIS FLOOR WORK IS ONLY THE FILL IN OF EXISTING U a DOORS TO THE OLD ROOF DECK. VERIFY EXISTANCE OF EXIT L i EMERGENCY LIGHTS L PLACE IF NECESSARY, Ty - O 6 _- E tl _ J u O m i.. C F REVISIONS 1 2 3 DATE, 12/29/99 COMM.p 91 SUPPLEMENT k1 I I I I EXISTING FL❑❑R PLAN EXISTING WF----, ELEVATION SCALE 1/I'-1'-0' W ARCHITECTURAL FLOOR PLAN �2�J U N }' N t U Q � 3'n O A 4 _ C ' m d 5 €m J u O n L 6 n REVISIONS 3 10-0'x9•-0' ROLLUP DOORS (12 REQUIRED) NEW PAIR 3'-0'x6'-8'.1-3/4' STEEL DOORS W/7x14 VIRE GLASS VISION LIGHTS. 3 PR. BUTTS, LEVER PASSAGE SET, DUMMY LEVER FLUSH BOLTS, CLOSER b ASTRIGAl. I HOUR LABEL DOOR _ trq _ V— FRAME 6 HARWARE. FILL IN WALL W/12' CONCRETE BLOCK. 4 EXISTING ' O ro0 EXISTING VEHICLE REPAIR AREA OFFICE AREA LL i '�� I ,•� „•-1• 1 1.14 I Imo' 1'.L� ''� � '�' K —W W ARCHITECTURAL FLOOR PLAN �2�J U N }' N t U Q � 3'n O A 4 _ C ' m d 5 €m J u O n L 6 n REVISIONS 3 WEST ELEVATION EAST ELEVATION NORTH ELEVATI❑N SCALE 1/4'sP-0' W r U Q H W I>�� !l U W z� W F- 0 Q W � ry D lD W z 7- <: M� F q PRE-ENGINEERED METAL BUILDING NOTES METAL BUILDING SHALL BE EQUAL TO ------- AMERICAN_HUILDINGS' _ (110 MPH WIND LOAD, 20 Psf LIVE LOAD) APPLIED TO RIGID FRAME AS SPECIFIED IN 'RECOMMENDED DESIGN PRACTICES OF THE METAL BUILDINGS MANUFACTURER'S ASSOCIATION' ALL REINFORCING STEEL SHALL HE A615 GRADE 60 ALL ANCHOR BOLTS SHALL BE SET W/TEMPLATES MANUFACTURER'S ERECTION DRAWINGS ARE INCLUDED AS PART OF THIS CONTRACT AND ALL WORK SHALL BE IN ACCORDANCE W/SAME. PLANS ARE BASED ON THE ABOVE MENTIONED MANUFACTURER AND SUBSTITUTIONS MAY REQUIRE REVISIONS TO THE FOUNDATION DESIGN AND BUILDING DIMENSIONS. CONTRACTOR SHALL PROVIDE THE ARCHITECT WITH THE METAL BUILDING MANUFACTURER'S ERECTION DRAWINGS FOR APPROVAL OF BUILDING SELECTION PRIOR TO COMMENCEMENT OF ANY WORK CONTRACTOR SHALL SUBMIT REINFORCING STEEL SHOP DRAWINGS FOR ARCHITECT'S APPROVAL PRIOR TO PLACEMENT, TRANSVERSE SECTION SCALE 1/2'=1'-0' W t L QL O '$ LL _ a _- 0 d d J u _ O m L O F REVISIONS 1 W U �1 (n>'� LD W z H W f-- 0 Q W � r a 2.6 z H H STANDING SEAM METAL FASCIA 5/8' PLYWOOD 2.4 FRAMING 2'-0. O.C. W t L QL O '$ LL _ a _- 0 d d J u _ O m L O F REVISIONS 1 ELECTRICAL FLOOR PLAN , ._ CONNECTED LOAD 3L000 V.A. W FA a U �99�-��izss� �j ORDINANCE NO. 2004- '7 2 AN ORDINANCE AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.08.01 ABBREVIATIONS, INCLUDING SEC. 1.08.02 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.03 ESSENTIAL SERVICES, SEC. 2.03.05 OPEN SPACE ZONING DISTRICTS, SEC. 2.03.07 OVERLAY ZONING DISTRICTS, SEC. 2.03.08 EASTERN LANDSIRURAL FRINGE ZONING DISTRICTS, SEC. 2.04.03 TABLE OF LAND USES IN EACH ZONING DISTRICT, ADDING SEC. 2.06.04 LIMITATIONS ON AFFORDABLE HOUSING DENSITY BONUS, ADDING SECTION 2.06.05 AFFORDABLE HOUSING DENSITY BONUS MONITORING PROGRAM, ADDING SEC. 2.06.06 VIOLATIONS AND ENFORCEMENT; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.05.10 LITTORAL SHELF PLANTING AREA (LSPA); CHAPTER 4 — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SEC. 4.05.02 DESIGN STANDARDS, SEC. 4.06.01 GENERALLY, SEC. 4.06.02 BUFFER REQUIREMENTS, SEC. 4.06.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS- OF-WAY, SEC. 4.06.04 TREE AND VEGETATION PROTECTION, SEC. 4.06.05 GENERAL LANDSCAPE'" REQUIREMENTS, SEC. 4.07.01 UNIFIED CONTROL! . CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING;;:_ SEC. 5.03.04 DUMPSTERS, SEC. 5.05.08 ARCHITECTURAL'', STANDARDS FOR COMMERCIAL BUILDINGS, SEC. 5.06.0¢'; SIGNS; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENT,: AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS ;, INCLUDING SEC. 6.01.01 UTILITIES REQUIRED TO Bif INSTALLED UNDERGROUND; CHAPTER 8 - DECISION- MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.06.03 POWERS AND DUTIES (EAC); CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.02.00 DEVELOPMENT WITH VESTED RIGHTS, SEC. 9.03.01 GENERALLY; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS, SEC. 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, SEC. 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENTS PLANS, SEC. 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SEC. 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SEC. 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD; APPENDIX A - STANDARD LEGAL DOCUMENTS FOR BONDING OF REQUIRED IMPROVEMENTS; APPENDIX C - FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION; APPENDIX H - LDC/UDC COMPARATIVE TABLES; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, Page I of 156 Words stfu lk through are deleted, words underlined are added INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATES. Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance Number 04-41, which repealed and superseded Ordinance Number 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of County Commissioners pursuant to Section 10.02.09 A. of the LDC; and WHEREAS, this is the second amendment to the LDC for the calendar year 2004, the first being the recodification in Ordinance 04-41; and WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on October 13, 2004, and November 10, 2004, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, it is the intent of the board of county commissioners to ensure that each and every landowner has a beneficial use of owned property in accordance with the requirements of the Fifth and 14th Amendments to the United States Constitution, and thus, to provide an administrative procedure whereby landowners believing they have vested rights or have been or may be subjected to a taking of their private property by application of any law or regulation promulgated by the county, may obtain relief through an efficient, non - judicial procedure; and Page 2 of 156 Words slsue-kireugh are deleted, words underlined are added WHEREAS, the establishment of an administrative review and remedy procedure will promote the goals of the county's comprehensive plan in a manner which is consistent with section 2 of article I of the state constitution, guaranteeing all natural persons the inalienable right to acquire, possess, and protect property; and WHEREAS, it is the specific intent of the board of county commissioners that no provision of its laws or ordinances be interpreted so as to take private property in an unconstitutional manner; and WHEREAS, it is the specific intent of the board of county commissioners that no administrative determinations made under its laws or ordinances result in either a temporary or permanent taking of private property without just compensation as required under the United States or state constitution; and WHEREAS, the board of county commissioners specifically intends that it be the duty and responsibility of the party alleging vested rights or a taking of property to affirmatively demonstrate the legal requisites of the claim alleged; and WHEREAS, it is the board's specific intention that the procedures provided for in LDC § 9.02.00, et seq., not be utilized routinely or frivolously, but rather, be solely limited to those extreme circumstances where vested rights may legitimately exist or a potential taking of private property or development rights would otherwise result; and WHEREAS, the provisions of LDC § 9.02.00, et seq., are specifically adopted in furtherance of the legislative intent as expressed in F.S. § 163.3161(9), that the county recognize and respect judicially acknowledged or constitutionally protected private property rights and that all regulations and programs adopted under the local government comprehensive planning and land development regulation act (F.S. § 163.3161 et seq.) be developed, promulgated, implemented, and applied with sensitivity for private property rights; and WHEREAS, it is the intent of the board of county commissioners, consistent with the provisions of F.S. § 163.3161(9), that the provisions of LDC § 9.02.00, et seq., be utilized to sensitively administer the county comprehensive plan and its land development regulations; and WHEREAS, it is the intent of the board of county commissioners, consistent with the provisions of F.S. § 163.3161(9), that the provisions of LDC § 9.02.00, et seq., not be utilized as a substitute for judicial relief for claims of �. vested rights or from takings that have already occurred but to provide an opportunity to make a final decision regarding the applicability of certain land Page 3 of 156 Words sruok tko"gh are deleted, words underlined are added development regulations or comprehensive planning provisions to prevent inadvertent takings; and WHEREAS, it is the additional intent of the board of county commissioners to simplify the judicial inquiry regarding the "ripeness doctrine" as enunciated in Williamson County Regional Planning Council v. Hamilton Bank, 473 U.S. 172 (1985), and its progeny by providing a final decision after which a vested rights, equitable estoppel, or takings claim may be instituted in court; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the local government comprehensive planning and land development regulation act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. art. VIII, § 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of County Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to prepare and adopt a Comprehensive Plan. 2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla. Stat., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the Act. 4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not consistent with the adopted Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent. Page 4 of 156 Words struelE th" -oug : are deleted, words underlined are added 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 seq. 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. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b). Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991 and may be amended twice annually. The Land Development Code adopted in Ordinance 91-102 was recodified and superceded by Ordinance 04-41. 11, Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within the total unincorporated are of Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.01 ABBREVIATIONS Section 1.08.01 Abbreviations, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 5 of 156 Words stwek thfaugh are deleted, words underlined are added ALF Assisted Living Facility APFC Adequate Public Facilities Certificate (APFC) ASTM American Society for Testing and Materials LOS Level of Service NAICS North American Industry Classification System NBMO North Belle Meade Overlay SUBSECTION 3.13. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Building, Zoned height of., The vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip, and gambrel roofs. Where minimum floor elevations have been established by law or permit requirements, the building height shall be measured from such required minimum floor elevations. (See section 4.02.01, Exclusions from height limits, and off-street parking within a building.) Required minimum floor elevations shall be in conformance ^` with the Collier County Administrative Construction Code (see County adopted FBC Section 104.2.1.2. Additional Requirements, 8., as set forth in Code of Laws § 22-26) and, if necessary, FDEP requirements for minimum habitable first -floor structural support. Rooftop recreational space and accessory facilities are also exempted from the limitations established for measuring the height of buildings. See Figure 3. Construction sign: A sign erected at a building site that displays the name of the project and identifies the owner, architect engineer. general contractor, financial institutions or other firms involved with the design or construction of the project. Density, residential: The number of residential dwelling units permitted per gross acre of land allowed under the Comprehensive Plan's Density Rating System subject to limitations of the corresponding zoning district determined by dividing the development's total number of dwelling units by the total area of residential land . within the legally described boundaries of the residential development's lot(s) or parcel (s). Total residential land area does not include existing platted land area for vehicular rights-of-way, whether public or private, nor land within a planned unit development district that is to be used for commercial uses, eF industrial uses, or a use that has a residential equivalency, except where allowed by the GMP. Total residential land area may include land submerged beneath an existing freshwater body (e.g., ponds or lakes) so long as evidence of fee ownership of the submerged lands is provided at the time of development application, but may not include land submerged beneath tidal water bodies, nor lands considered to be marine wetlands. For purposes of calculating density the total number of dwelling units may be rounded up to the next whole number if the dwelling unit total yields a fraction of a unit .5 or greater. Destination resort hotel., A transient lodaina facility (i.e. - less than six months occupancy) where patrons generally stay for several days in order to utilize, eniov, or and on-site services including full dining services and cocktail lounae, entertainment rooms for video and movies and concierge services. Except that, for destination resort hotels frontina on the Gulf of Mexico an on-site aolf course is not required. In Page 6 of 156 Words StUtlek thF wgte are deleted, words underlined are added all cases a destination resort hotel must include full dining services and a cocktail lounge, and not less than 25 percent of the c1ross floor area must be devoted to common usage and supoort service areas such as but not limited to fitness room health spa, media room meeting rooms dining and lounge facilities ands aces in support of hotel functions. Final local development order. Any valid, unexpired building permit issued by the county. As to the provisions in Sections 6 02 00 and 10.02.07 respectively, pertaining to COA's and adequate public faahties only, a final local development order is a final subdivision plat a final approved site development plan or butldmg permit or mobile home tie down permit issued by the county. Ground sign A sign 8 ft in height or lower which isindependent_of sup ort from any building, that is mounted on.freestanding oles or other sup orts and shall include a pole cover that is between 50 percent and 100 percent of the overall sign width_ Holiday decoration An ornate embellishment placed specifically for the purpose of celebrating a specific holiday, holiday event or holiday season. Landowner Any owner of a legal or equitable interest in real property, and includes the heirs successors and assigns of such ownership interests, including developer's holding development rights susceptible to claims of vested rights or takincls. Pennant Apiece of fabric or material which tapers to a point or swallow tail. which is attached to a string or wire either singularly or in series. Pole sign A sign 8 or more ft in height which is independent of support from any building that is mounted on freestanding poles or other supports, and shall include a Dole cover that is between 50 percent and 100 percent of the overall sign width. Primary facade (applicable to Section 5 05 08 only)' A facade that is in public view and faces a public or private street. Project identification Sian A directional sign which provides identification or recognition of a development only, individual tenants or outparcels are not permitted to use this type of signage. Renovation (applicable to Section 5 05 08 only)' Restoration, remodeling, improvement in whole or in partof an existing building. Self storaae buildinas (applicable to Section 5 05 08 only): Buildings where customer's lease space to store & retrieve their goods: see NAICS 531130. Standard design buildings (applicable to Section 5 05 08 only): Buildings whose design is based on a "corporate prototvpe" or other standardized architectural de_stgn that is used consistently with little or no variation at many different sites. Takings claim Anv claim that falls within the scope of section 9.02.10. of this code, whether claimed to be temporary or permanent in character. SUBSECTION 3.C. AMENDMENTS TO SECTION 2.01.03 ESSENTIAL SERVICES Section 2.01.03 Essential Services, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.01.03 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 government Page 7 of 156 Words strueli tlxfwgh are deleted, words underlined are added r facilities. Essential services are allowed in any zoning district subject to the following conditions: « « « « « « « « « « « « B. PERMITTED ESSENTIAL SERVICES IN CON DISTRICTS, RFMU SENDING LANDS, NRPAS, HSAS, AND FSAS. 1. Within CON Districts, Sending Lands in the RFMU District, NRPAS, and within designated Habitat Stewardship Areas (HSA) and Flow way Stewardship Areas (FSA) within the RLSA overlay district subject to the limitations set forth in section 4.08.08 (q C., the following essential services are permitted: « « « « « « « « « « « « « C. Sewer lines and lift stations, only if located within already cleared portions of existing rights-of-way or easements, and necessary to serve a publicly owned or privately owned central sewer system providing service to urban areas-, ar4or the Rural Transition Water and Sewer District as delineated on the Urban - Rural Fringe Transition Zone Overlay May in the Future Land Use Element of the GMP; and, d. Water pumping stations necessary to serve a publicly owned or privately owned central water system providing service to urban areas af4or the Rural Transition Water and Sewer District as delineated on the Urban - Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP. « « « « « « « « G. Conditional Uses. The following uses require approval pursuant to section 10.08.00 conditional uses: « « « « « « « « « « « 2. CONDITIONAL ESSENTIAL SERVICES IN RFMU SENDING LANDS, NRPAS, CON DISTRICTS, AND RLSA DESIGNATED HSAS AND FSAS. Within RFMU District Sending Lands, NRPAs, Con districts, and the RFLA designated HSAS and FSAs subject to the limitations set forth in section 4.08.08 (GA24 C_2., in addition to the essential services identified as allowed conditional uses in section 2.01.03 (GW4 G_1. above, the following additional essential services are allowed as conditional uses: a. Sewer lines and lift stations necessary to serve a publicly owned or privately owned central sewer system providing service to urban areas; and/or the Rural Transition Water and Sewer District. as delineated on the Urban - Rural Fringe Transition Zone Overlay May in the Future Land Use Element of the GMP, when not located within already cleared portions of existing rights-of-way or easements; and b. Safety Services limited to law enforcement, fire, and emergency medical services. SUBSECTION 3.D. AMENDMENTS TO SECTION 2.03.05 OPEN SPACE ZONING DISTRICTS Page 8 of 156 Words stntiek th,r._eug are deleted, words underlined are added Section 2.03.05 Open Space Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.05 OPEN SPACE Zoning District B. Conservation District "CON". k 1. Allowable uses. The following uses are allowed in the CON District. a. USES PERMITTED AS OF RIGHT. (9) The following essential services: (a) Private wells and septic tanks necessary to serve uses identified int through 8 above. (b). Utility lines necessary to serve uses identified int through 8 above, with the exception of sewer lines. (c) Sewer lines and lift stations if all of the following criteria are satisfied: i. Such sewer lines or lift stations shall not be located in any NRPA Lands in the CON District; ii. Such sewer lines or lift stations shall be located with already cleared portions of existing rights -or -way or easements; and iii. Such sewer lines or lift stations are necessary to serve a central sewer system that provides service to Urban Areas.Lor to the Rural Transition Water and Sewer District as delineated on the Urban - Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP. (d) Water pumping stations necessary to service a central water system providing service to Urban Areas.Laa4/or the Rural Transition Water and Sewer District as delineated on the Urban -Rural Fringe Transition Zone Overlay May in the Future Land Use Element of the GMP. SUBSECTION 3.E. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS Section 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.07 G. Immokalse Overlay. Page 9 of 156 Words StMek t#treugh are deleted, words underlined are added 6. Nonconforming Mobile Home Park Overlay Subdistrict. Establishment of special conditions for these properties which by virtue of actions preceding the adoption of Ordinance No. 91-102 on October 30 1991 were deemed to be nonconforming as a result of inconsistencies with the land development code and are located within the Immokalee Urban Boundary as depicted on the Immokalee Area Master Plan. a. Purpose and intent. The purpose of these provisions is to recognize that there are nonconforming mobile home parks in the Immokalee Urban Area, to provide incentives to upgrade these parks while requiring the elimination of substandard units, and to allow park owners to take advantage of alternative development standards in order to cause some upgrading of conditions that would normally be required of conforming mobile home parks. Travel trailers, regardless of the square footage, are not permitted as a permanent habitable structure. b Required site improvement plan application The property owners of all nonconforming mobile home developments/parks that were in existence before November 13 1991 i.e., that predate Ordinance No. 91-102 the land development code shall be required to submit a site improvement plan (SIP) meeting the standards set forth below by January 9, 2003 or thereafter within the time frame set forth in an order of the Code Enforcement Board finding a violation of this section or by the date set forth in a Compliance or Settlement Agreement entered into between Collier County and a property owner acknowledging such a violation and also establishing the date by which such violation will be cured through the SIP submittal process set forth below. c The site improvement plan (SIP) master plan shall illustrate the way existing buildings are laid out and the infrastructure (i.e. utilities, streets, drainage landscaping parking and the like) to serve those buildings. The number and location of buildings shall be reviewed for consistency with Code requirements (i.e. setbacks space between buildings, density, and the like). Similarly, the SIP shall serve to provide a basis for obtaining approval of required infrastructure improvements such as those referenced herein. The approved SIP showing all of the above shall become the official record acknowledging the legal use of the property. Failure to initiate this process within the time frames set forth above will result in a Code violation in which the property owner will be required to immediately remove all mobile homes which have not received a building permit and all mobile homes deemed to be unsafe and unfit for human habitation and otherwise contrary to the county's housing code unless otherwise prohibited by state law. d For the specific requirements concerning the SIP submission referenced in b. and c. above see section 10.02.05 F. of this code. SUBSECTION 3.F. AMENDMENTS TO SECTION 2.03.08 EASTERN LANDS/RURAL FRINGE ZONING DISTRICTS Section 2.03.08 Eastern Lands/Rural Fringe Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.08 Eastern Lands/Rural Fringe Zoning Districts A. Rural Fringe Mixed -Use District (RFMU District) 1. PURPOSE AND SCOPE. The purpose and intent of the RFMU District is to provide a transition between the Urban and Estates Page 10 of 156 Words SIM& ihWugh are deleted, words underlined are added Designated lands and between the Urban and Agricultural/ Rural and Conservation designated lands farther to the east. The RFMU District employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development. The RFMU District allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses and essential services deemed necessary to serve the residents of the RFMU District. The innovative planning and development techniques which are required and/or encouraged within the RFMU District were developed to preserve existing natural resources, including habitat for listed species, to retain a rural, pastoral, or park -like appearance from the major public rights-of-way, and to protect private property rights. a. ESTABLISHMENT OF RFMU ZONING OVERLAY DISTRICT. In order to implement the RFMU designation in the e4mTieat Future Land Use Element (FLUE) of the GMP, the RFMU District -,4e shall be designated as "RFMUO" on the Official Zoning Atlas; and is hereby established. The County -wide Future Land Use Map is located in the Future Land Use Element of the GMP or can be obtained at the Community Development Buildino located at 2800 N. Horseshoe Drive Naples, FL 34104. The lands Included in the RFMU District and to which this section 2.03.08 apply are depicted by the following map: 3. Neutral Lands. a. ALLOWABLE USES. (3) Conditional Uses. The following uses are permissible as conditional uses subject to the standards and procedures established in section 10.08.00. * # * * * * * * * * * * (a) Facilities for the collection transfer, processing,_ and reduction of solid waste. * * * * * * * * * * * * * b. Density (1) Maximum Gross Density. The maximum gross density in Neutral lands shall not exceed one dwelling unit per five gross acres (0.2 Dwelling units per acre), except that the maximum gross density for those legal nonconforming lots or parcels in existence as of June 22, 1999, shall be one dwelling unit per lot or parcel. (2) Residential Clustering. Clustering of residential development is allowed and encouraged. Where clustered development is employed, it shall be in accordance with the following provisions: (a) If within the boundaries of the Rural Transition Water and Sewer District as delineated on the Urban - Page 1 I of 156 Words sEwelk thFough are deleted, words underlined are added Rural Frinae Transition Zone Overlay Mai) in the Future Land Use Element of the GMP, and consistent with the provisions of the Potable Water and Sanitary Sewer Sub - elements of this Plan, central water and sewer shall be extended to the project. Where County sewer or water services may not be available concurrent with development in Neutral lands, interim private water and sewer facilities may be approved. D. North Belle Meade Overlay District (NBMO) 1. PURPOSE AND INTENT. The North Belle Meade Overlay (NBMO) is unique to the RFMU District because it is surrounded by areas that are vested for development on three sides. Because this area is largely undeveloped and includes substantial vegetated areas, the NBMO can and does provide valuable habitat for wildlife, including endangered species. The NBMO is intended to achieve a balance of both preservation and opportunities for future development that takes into account resource protection and the relationship between this area and the Estates developing around the NBMO. 2. GENERAL LOCATION. The NBMO aFea District is surrounded by Golden Gate Estates to the north, east, and west and 1-75 to the south. This NBMO comprises some 24 sections of land aad japproximately 15,550 acresl and i6 located entirely within the RFMU District (section 2.03.08 A.). The boundaries of the NBMO District are outlined in Illustration 2 03 08 D.2. - A below and on the North Belle Meade Overlay Map in the Future Land Use Element of the GMP. NORTH BELLE MEADE OVERLAY DISTRICT — —_ ---1 LEOENO Ij w, w r.no �cM[u &c qn ��0/Sm1 :�i9�i-nNp�YM�ota ¢s uN9w Illustration 2.03.08 D.2. - A Page 12 of 156 Words struekNrreugh are deleted, words underlined are added SUBSECTION 3.G. AMENDMENTS TO SECTION 2.04.03 TABLE OF LAND USES IN EACH ZONING DISTRICT Section 2.04.03 Table of Land Uses in Each Zoning District, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.04.03 Table of Land Uses in Each Zoning District The following tables identify the uses that are permissible by right in each zoning district and the uses that are allowable as CONDITIONAL or ACCESSORY USES. Table 1. Permissible Land Uses in Each Zoning District Page 13 of 156 Words stfltek thfough are deleted, words underlined are added (O> (D C s 3A C>7 d 0 O Q A ca X m 'O A A d n II II 7 W . O 7r 'O N W M N O tp M O a n_ C -O.. II N A N O nN m n M a a N f g' oP o �' d o (A m h i=i o m - O �- a r. » Q a W (D CD N N a d _ d -ao p d tL 7 m N - o 0C, w co SIC Code O O N N J �] 0o A W N t Golf Course - GC IIT?, Rural Agricultural - A Estate - E Residential Single Family - RSF1 - RSF6 Residential Multiple Family -6 - RMF -6 Residential Multiple Family -12 - RMF -12 Residential Multiple Family -16 - RMF -16 Residential Tourist - RT Village Residential - VR Mobile Home - MH Travel Trailer - Recreational Vehicle Commercial Professional and General D P2 v Commercial Convenience - C-2 v Commercial Intermediate - C-3 V General Commercial - C-4 M v Heavy Commercial - C-5 Industrial -I v Business Park - BP Conservation - CON Public Use - P Community Facility - CF Golden Glades Parkway Professional Office Commercial Farm Market Overlay (Immokalee) Agribusiness Overlay (Immokalee) Main Street Overlay (Immokalee) v Santa Barbara Commercial Overlay Bayshore Drive Mixed Use Overlay T Waterfront Subdistrict Residential Subdistrict (R-1) Residential Subdistrict 2 (R-2) Residential Subdistrict 3 (R-3) m y 9.Zy:ia XRm v 12, c N CO w(DN US C N N ch 3 ch 3 m a @ =-4 w A :3 (n c° ego N n G d H ?o ;0 (» d 3 CD z �. m � N 7 0 f n .Z1 0 D < N m o VfO 1 ,-. Cr N() m a 1 > • > o m O bi m d c6 c a 7_ V t0 V c0 w V o 0 V v 00 0o v ill SIC Code Cto (J N O O CD r .N S. CDcco to a N Golf Course - GC Rural Agricultural - A Estate - E Residential Single Family - RSF1 - RSF6 Residential Multiple Family -6 - RMF -6 Residential Multiple Family -12 - RMF -12 Residential Multiple Family -16 - RMF -16 ------------------------ Residential Tourist - RT Village Residential - VR Mobile Home - MH Travel Trailer - Recreational Vehicle Commercial Professional and General ffirp Z Commercial Convenience - C-2 Commercial Intermediate - C-3 General Commercial - C-4 Heavy Commercial - C-5 v Industrial -I Business Park - BP T Conservation - CON Public Use - P Community Facility - CF Golden Glades Parkway Professional Office Commercial o Farm Market Overlay (Immokalee) Agribusiness Overlay (Immokalee) Main Street Overlay (Immokalee) Santa Barbara Commercial Overlay T Bayshore Drive Mixed Use Overlay v Waterfront Subdistrict Residential Subdistrict (R-1) Residential Subdistrict 2 (R-2) Residential Subdistrict 3 (R-3) * m mmm r v ao x m DDDDDD n aaam iU p II n > >>>>>> 1< 1< 1< 1< 1< c m c d cc v w > tD a y d x 13 N -:i �r :T a C N I? O _? _S t * 10 f0 (O (O o S =r O D O O O (!� O (0 M O M N N N N N N N -- d d 0. I I 0 0 n n n 0 �7�=r=Tmr N �tn� co [D � �v a n ID O 0 0 0 0 00o_ 2 2 a s * n N -. o � 0 0 0 0 0 0 (p 0 0 0 n A N C1 d N N Q (p ti Q n 61 mmmmmm p� 7 M * a n n n n n ma M _ � N N N 4 N N N ■ a a a a a a N f/1 N t!+ N 41 -.. .-. ... .» .-. mmm N N j SIC Code r,- to N N N N m m 6o * N N N N N N fD (D tD lD fD (D * 0 0 0 0 0 0- 000000 000000 000000 * 3 3 3 3 3 3 M v "v 'o v Golf Course - GC D D D D D D v Rural Agricultural - A wWOoaoW00 . Estate - E r { { m Residential Single Family — RSF1 — RSF6 X X;U X X X * < < < < < < m Residential Multiple Family -6 - RMF -6 mmmmmm * * * * * :k m Residential Multiple Family -12 - RMF -12 * mmtvamm m N N N N N N m Residential Multiple Family -16 - RMF -16 a n n n n n m m m m m m N N N N N Residential Tourist - RT 0 n n 0 n n n * iYC,C,o Cr01 a m m m m m m m Village Residential - VR a ro a n n n n n ry > > m Mobile Home - MH ° v Travel Trailer - Recreational Vehicle p Commercial Professional and General CD * z c 0 0 0 0 0 0 Convenience - C-2 0 0 0 0 0 0 -u Commercial m s 5 m * m m m m _U Commercial Intermediate - C-3 c r r r r r r General Commercial - C-4 ry n n n n n n� v * 'o Heavy Commercial - C-5 Industrial -I T Business Park - BP * Conservation — CON Public Use - P m * Community Facility — CF m m * Golden Glades Parkway Professional Office Commercial Farm Market Overlay (Immokalee) * Agribusiness Overlay (Immokalee) Main Street Overlay (Immokalee) Barbara Commercial Overlay m Santa Bayshore Drive Mixed Use Overlay Waterfront Subdistrict Residential Subdistrict (R-1) Residential Subdistrict 2 (R-2) Residentia! Subdistrict 3 (11 v° w 0 0 0 0 o o d m cr ^ 1111 C n c Z. a y io S. e O N 3 Kt •n C ^ c 2� as 9 9w UQ c�5 Sz°,-o3�_v, v ao a o w -n o o e $ rt e �. o -• o n o A w w y y o o SIC Code W N r to cn Q, W O, w OC J J J U J w o` Golf Course - GC Rural Agricultural - A Estate - E Residential Single Family — RSFI — RSF6 Residential Multiple Family -6 - RMF -6 Residential Multiple Family -12 - RMF -12 Residential Multiple Family -16 - RMF -16 Residential Tourist - RT Village Residential - VR Mobile Home - MH Travel Trailer - Recreational Vehicle Professional and General Office= ti ti Commercial ro Commercial Convenience - C-2 d ti ro Commercial Intermediate - C-3 b ro ro General Commercial - C-4 liy b 9 ro n d h ro -o Ileavy Commercial - C-5 Industrial -I ro Business Park - BP ro ro ti 'a -c Conservation — CON Public Use - P Community Facility — CF Golden Glades Parkway Professional Office Commercial Farm Market Overlay (Immokalee) Agribusiness Overlay (Immokalee) Main Street Overlay (Immokalee) ro Santa Barbara Commercial Overlay b ro -0 Bayshore Drive Mired Use Overlay ro ro Waterfront Subdistrict Residential Subdistrict (R -I) Residential Subdistrict 2 (R-2) Residential Subdistrict 3 (R-3) (D (D (D lD M 0 N O N� nmW mII 'V K II N' y rrrr nnn = m n n ' x ° (A N K N M M N d N i N Crn_ O n O A 7 N 0 C---- W Cr i -1 C 11 W W m 0 0000 �° ON 7 a a 3 ^>>>>> _ IN FD- SL = m m r:Q s M o' o' o o' o' o p 7 N M D1 CL CL N m N O N = a n p d °i 7 n m n o in m Li cDo?mwm 03 0C. Co CO °' co C)ow W W W SIC Code W -J+ N N W W O CO O CO CO O W W W OD N W N W W CO O O N Golf Course - GC Rural Agricultural - A Estate - E Residential Single Family — RSF1 — RSF6 Residential Multiple Family -6 - RMF -6 Residential Multiple Family -12 - RMF -12 Residential Multiple Family -16 - RMF -16 Residential Tourist - RT Village Residential - VR Mobile Home - MH Travel Trailer - Recreational Vehicle Commercial Professional and General ffirPz Commercial Convenience - C-2 v Commercial Intermediate - C-3 General Commercial - C-4 v Heavy Commercial - C-5 -0 Industrial - i T T D v v -D Business Park - BP Conservation — CON Public Use - P Community Facility — CF den Glades Parkway Professional Office Commercial Farm Market Overlay (Immokalee) Agribusiness Overlay (Immokalee) Main Street Overlay (Immokalee) Santa Barbara Commercial Overlay IGol T Bayshore Drive Mixed Use Overlay Waterfront Subdistrict Residential Subdistrict (R-1) Residential Subdistrict 2 (R-2) Residential Subdistrict 3 (R-3) o CD -0 R CD X m C -)n (p n 0 n n n n 0 0 0 0 (D 0 0 (D r A N m m o E E E E E m E > 0 C N o a m o 3 3 ifl 0 > > 0000 00-i _ cm=3 0 N N c r N N (n 0 v a a (D N (Cn fC/1 (D O fOA j O .... _ ' (0 N (D O O O 7 a S °o C 3 m 0 d, d. M 3 v m cn Ncnto0 �N°: � a N 7 . a ao M Z (D (D (D (D Z Z Z Z (D Z Z an d �v 7 —. (D 0 m m m MCD G N O 53 N N N N N N X 3 I -4 -4 SIC Code 0 3 C (n ������� _ (p O(p�p m Qj W WA m0 WN (D -0 _ N E5 C: (D fl1 a Ln (0 CC(Jl Ln co Ln 01 N CD (D N (D (D N N lD 0 CD c 0 o Golf Course - GC N 3 0 Rural Agricultural - A o Estate - E c 0 1-Z N m Residential Single Family - RSF1 - RSF6 C, 0 rn o 0 Residential Multiple Family -6 - RMF -6 *, v (D Multiple Family -12 - RMF -12 3 w Q Residential X T. Residential Multiple Family -16 - RMF -16 CD m Residential Tourist - RT w 0 o_ Village Residential - VR a Mobile Home -MH a o Travel Trailer - Recreational Vehicle o N o 0N Commercial Professional and General Er N O 2 CL (D -u Commercial Convenience - C-2 7 ? o N h v -o Commercial Intermediate - C-3 C General Commercial - C-4 Cr 0 T R 0 Heavy Commercial - C-5 a � N Industrial - 1 0 0 Business Park - BP CD v Conservation - CON 3 v Public Use - P o' Community Facility - CF Golden Glades Parkway Professional Office Commercial Farm Market Overlay (Immokalee) Agribusiness Overlay (Immokalee) Main Street Overlay (Immokalee) -u Santa Barbara Commercial Overlay T Bayshore Drive Mixed Use Overlay Waterfront Subdistrict Residential Subdistrict (R-1) Residential Subdistrict 2 (R-2) Residential Subdistrict 3 (R-3) 2E;° �N�pp QJ N m V A y n 11 it 3 ID G. fD 3 N y C N Cr N COD O O I n N C 0 m -i 11 A N N C1 V a o. C CD0o E O' v O.7 ? o d a O m m G N 9 O tIi N N SIC Code V, W w J IN N W w w N N J � W W N N OC � w Golf Course - GC Rural Agricultural -A Estate - E Residential Single Family — RSF1 — RSF6 Residential Multiple Family -6 - RMF -6 Residential Multiple Family -12 - RMF -12 Residential Multiple Family -16 - RMF -16 Residential Tourist - RT Village Residential - VR Mobile Home - MH Travel Trailer - Recreational Vehicle Commercial Professional and General z Commercial Convenience - C-2 Commercial Intermediate - C-3 General Commercial - C-4 b Heavy Commercial - C-5 Industrial - Business Park - BP Conservation — CON Public Use - P Community Facility — CF Golden Glades Parkway Professional Office Commercial Farm Market Overlay (Immokalee) Agribusiness Overlay (Immokalee) Main Street Overlay (Immokalee) o Santa Barbara Commercial Overlay Bayshore Drive Mixed Use Overlay Waterfront Subdistrict Residential Subdistrict (R-1) Residential Subdistrict 2 (R-2) Residential Subdistrict 3 (R-3) C 0 0 x :C eo w [D a C y Y C o c .n �> W 0 �L C 1 N mIQ O O p9, S. pap f4 rp as J O O o N N r SIC Code Q GC n n A C CL n w E ID N n RSF-1 d_ w 3 n RSF-2 m (� RSF-3 0 r n RSF-4 fD n m RSF-5 d 0 n RSF-6 0 r n RMF -6 to v „ N RMF -12 N r n RMF -16 n W y r 0 T\ RT C A r 0 VR 0 0 0 w MH. a 0 a TTRVC C w C-1 fA r Y C-2 t� w C-3 - n C-4 - n C-5 n I BP n CON P CF FMO ABO MSO BDMU BDMU-W BDMU-R-1 BDMU-R-2 BDMU-R-3 GZO n u 0 Q w Q N dw C CL N w � ID N d_ w 3 m 14Q m 0 r d Q fD m d 0 s 0 r to v „ N N r n n W y r 0 T\ C A r 0 0 0 0 w a 0 � w C w co fA r Y Y ■ r w 0 n n ,En 1> n p 0. 00 1 II o. r .� z O d n y c: W _. SIC Code /0"� n a GC A E RSF-1 RSF-2 RSF-3 RSF-4 RSF-5 RSF-6 RMF -6 RMF -12 RMF -16 RT VR MH TTRVC C-1 C-2 C-3 C-4 C-5 1 BP CON P CF FMO ABO MSO BDMU BDMI1-W BDMU-R-1 BDMU-R-2 BDMU-R-3 GZO n oni'l r .� O n y 9 2.0 R Zo'D � SIC Code Zp,N00 Jw�A GC n A n E RSF-1 RSF-2 RSF-3 RSF-4 RSF-5 RSF-6 n RMF -6 n RMF -12 n RMF -16 n RT n VR MH 17RVC n C-1 n C-2 n C-3 n n C-4 n C-5 1 In BP CON n P n CF U n b a 3 OZO £-a-nwaa Z-a-nwaa ra-nlaaa nt-nwaa Illyafl U Osiv Oat' OM dj d U U NOJ da S-3 4-3 u U, £-3 U U U Z -j U l-� U SAIIJLJ. HW MA 91-d W it z1-�Wa 9-d W a 9 -ASH d s-dsa r-�sa a z-�sa d rasa d � d d v d U 21303 SIS 00 0000 0000 O r- pN, O N1 d. R * N � y� � R d 4n 0 C •> •, G _ Nu qp C = r C F > b a 3 /*'—N / le1 nn a o � ao yz Q iy " t N tryWry►.,i1� SIC Code N N N N w GC A E RSF-1 RSF-2 RSF-3 RSF-4 RSF-5 RSF-6 RMF -6 RMF -12 RMF -16 Y RT VR MH TTRVC C-1 C-2 C-3 C-4 C-5 n � BP CON P F?BDMU-R-3 SUBSECTION 3.H. ADDITION AFFORDABLE HOUSING DENSITY OION BONUS Section 2.06.04 Limitations on Affordable Housing Density Bonus, of ordinance 04-41, as amended, the Collier County Land Development Code, is hereby added to read as foll oows: 2.06.04. Limitations on affordable housing density bonus Anything to the contrary notwithstanding, the following limitations and conditions shall agply to all of the AHDB for a development: A Affordable housing dens bonus development agreement required. The AHDB shall be available to a development only when an AHDB development agreement has been entered into by the developer/applicant and the BCC and such agreement has been approved by the county attorney and the BCC pursuant to the public hearing process established in this section prior to execution Amendments to such agreement shall be processed in the same manner as the original agreement. The AHDB development agreement shall include at a minimum the followin provisions: 1 Legal description of the land subject to the agreement and the names of its legal and equitable owners. 2 Total number of residential dwelling units in the development. 3 Minimum number of affordable housing units categorized by level of household income type of unit (single-family or multifamily, owner - occupied or rental) and number of bedrooms required in the development. 4 Maximum number of AHDB dwelling units permitted in the development. 5 Gross residential density of the development. 6 Amount of monthly rent for rental units or the price and conditions under which an owner occupied unit will be sold for each type of affordable housing unit in accordance with the definition for each type of affordable housina rental unit (moderate low, and very low). 7 The foregoing notwithstanding any rent charged for an affordable housing unit rented to a low or very low income family shall not exceed 90 percent of the rent charged for a comparable market rate dwelling in the same or similar development Comparable market rate means the rental amount charged for the last market rate dwelling unit of comparable square footage amenities and number of bedrooms, to be rented in the same development. 8 No affordable housina unit in the development shall be rented to a tenant whose household income has not been verified and certified in accordance with this division as moderate low or very low income family. Such verification and certification shall be the responsibility of the developer and shall be submitted to the Countv Manager or his designee for approval Tenant income verification and certification shall be repeated annually to assure continued eligibility. 9 No affordable housina unit that is to be sold, leased with option to purchase or otherwise conveyed in the development shall be sold, leased with option to purchase or otherwise conveyed to a buyer whose household income has not been verified and certified in accordance with this section as moderate low, or very low income family. Such verification and certification shall be the responsibility of the developer and shall be submitted to the County Manager or his designee for approval. It is the intent of this section to keep housing affordable therefore, any person who buys an affordable housina unit must agree in a lien instrument to Page 25 of 156 be recorded with the clerk of the circuit court of Collier County. Florida, that if he sells the property (including the land and/or the unit) within 15 years after his original purchase at a sales price in excess of five percent per year of his original purchase price that he will pay to the county an amount equal to one-half of the sales price in excess of five percent increase per year. The lien instrument may be subordinated to a qualifying first mortgage. 10 For example a person originally buys a designated affordable housing unit (a house) for $60,000.00 and sells it after five years for $80,000.00. A five percent increase per year for five years will give a value of $76,577.00. Deducting this amount from the sales price of $80,000.00 gives a difference of $3-423.00. The seller would then owe the county $1,711.50 (one-half of $3.423.00). Payment of this amount would release the first owner from the recorded lien against the property, Such payment shall be maintained in a segregated fund established by the county solely for affordable housing purposes and such money shall be used solely to encourage provide for or promote affordable housing in Collier County. 11 No affordable housing unit in any building or structure in the development shall be occupied by the developer, any person related to or affiliated with the developer, or a resident manager. 12 When the developer advertises rents sells or maintains the affordable housing unit it must advertise rent sell and maintain the same in a nondiscriminatory manner and make available any relevant information to any person who is interested in renting or purchasing such affordable housing unit The developer shall agree to be responsible for payment of any real estate commissions and fees. The affordable housing units in the development shall be identified on all building plans submitted to the county and described in the application for AHDB. 13 The developer shall not disclose to persons other than the potential tenant buyer or lender of the particular affordable housing unit or units, which units in the development are designated as affordable housing units. 14 The square footage construction and design of the affordable housing units shall be the same as market rate dwelling units in the development. 15 The AHDB agreement and authorized development shall be consistent with the growth manaaement plan and land development regulations of Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to the AHDB agreement and the development to the extent that they are not in conflict with the number, type of affordable housing units and the amount of AHDB approved for the development. 16 The affordable housing units shall be intermixed with, and not segregated from the market rate dwelling units in the development. 17 The conditions contained in the AHDB development agreement shall constitute covenants restrictions and conditions which shall run with the land and shall be binding upon the property and every person having any interest therein at anytime and from time to time. 183 The AHDB development agreement shall be recorded in the official records of Collier County Florida subseauent to the recordation of the grant deed pursuant to which the developer acquires fee simple title to the property. ^ 19 Each affordable housing unit shall be restricted to remain and be maintained as the type of affordable housing rental unit (moderate, low or very low income) designated in accordance with the AHDB development agreement for at least 15 years from the issuance of a Page 26 of 156 certificate of occupancy for such unit. 20. The develo er and owner of the develo ment shall rovide on-site management to assure appropriate securit maintenance and appearance of the development and the dwellin units where these issues are a factor. B Compliance with growth management plan and land development regulations. The AHDB shall be available to a development only to the extent that it otherwisecom lies and is consistent with the GMP and the land development regulations including the procedures, requirements, conditions and criteria for planned unit developments (PUDs) _and rezonings where applicable. C. Minimum number of affordable housing units. The minimum number of affordable housing units that shall be provided in a development pursuant to this section shall be ten affordable housing units. D Nontransferable The AHDB is not transferrable between developments or properties. E Phasing In the case where a development will occur in more than one phase the percentage of affordable housing units to which the developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the property. For example if the total development's AHDB is based on the provision of ten percent of the total dwelling units as affordable housing rental units for low income households with two bedrooms per unit_, then each phase must maintain that same percentage (ten percent in this case) cumulatively. SUBSECTION 3.1. ADDITION OF SECTION 2.06.05 AFFORDABLE HOUSING DENSITY BONUS MONITORING PROGRAM Section 2.06.05 Affordable Housing Density Bonus Monitoring Program, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby added to read as follows: 2 06 05 Affordable housing density bonus monitoring program. A Annual progress and monitoring report The AHDB for a development shall be subject to the AHDB monitoring program set forth in this section. The developer shall provide the County Manager or his designee with an annual progress and monitoring report regarding the delivery of affordable housing rental units throughout the period of their construction rental and occupancy for each of the developer's developments which involve the AHDB in a form developed by the County Manager or his designee The annual progress and monitoring report shall at a minimum require any information reasonably helpful to ensure compliance with this section and Drovide information with regard to affordable housing in Collier Countv. To the extent feasible, the County Manager or his designee shall maintain public records of all dwelling units (AHDB and affordable housing units) constructed pursuant to the AHDB program all affordable housing units constructed pursuant to the AHDB program occupancy statistics of such dwelling units, complaints of violations of this section which are alleaed to have occurred, the disposition of all such complaints a list of those persons who have participated as tenants or buyers in the AHDB program and such other records and information as the County Manager or his designee believes may be necessary or desirable to monitor the success of the AHDB program and the ^ occurrence unless a written extension not to exceed 30 days is requested Page 27 of 156 prior to expiration of the 60-dav submission deadline. B. Income verification and certification 1 Eli-gibilily. The determination of eligibility of moderate, low, and very low income families to rent or buy and occupy affordable housing units is the central component of the AHDB monitoring program. Family_ Income eligibility is a three-step process: (1) submittal of an application baa buyer or tenant (2) verification of family income and (3) execution of an income certification All three shall be accomplished prior to a buyer or tenant being qualified as an eligible family to rent or purchase and occupy an affordable housina unit pursuant to the AHDB program. No person shall occupy an affordable housina unit provided under the AHDB program prior to being qualified at the appropriate level of _income (moderate low or very low income). 2 The developer shall be responsible for accepting applications from buyers or tenants verifying income and obtaining the income certification for its development which involves AHDB and all forms and documentation must be provided to the County Manager or his designee prior to qualification of the buyer or tenant as a moderate low or very low income family. The County Manager or his desianee shall review all documentation provided and may verify the information provided from time to time Prior to occupancy by a qualified buyer or tenant, the developer shall provide to the County Manager or his designee, at a minimum the application for affordable housina qualification, including the income verification form and the income certification form and the purchase contract lease or rental agreement for that qualified buyer or tenant. At a minimum the lease shall include the name address and telephone number of the head of household and all other occupants, a description of the unit to be rented, the term of the lease, the rental amount the use of the premises and the rights and obligations of the parties Random inspections to verify occupancy in accordance with this section may be conducted by the County Manager or his designee. 3 Application A potential buyer or tenant shall apply to the developer, owner, manager, or agent to qualify asa moderate low, or very low income family for the purpose of renting and occupying an affordable housing rental unit pursuant to the AHDB program The application for affordable housing qualification shall be in a form provided by the County Manager or his designee and may be a part of the income certification form. 4 income verification The County Manager or his designee or the developer shall obtain written verification from the potential occupant (including the entire household) to verify all regular sources of income to the potential tenant (including the entire household). The written verification form shall include at a minimum the purpose of the verification a statement to release information emplover verification of gross annual income or rate of pay number of hours worked, frequency of pay, bonuses tips and commissions and a signature block with the date of application The verification may take the form of the most recent year's federal income tax return for the potential occupants (including the entire household) a statement to release information, tenant verification of the return and a siqnature block with the date of aDdication. The verification shall be valid for uv to 90 days prior to occupancy. Upon expiration of the 90 -day period the information may be verbally updated from the original sources for an additional 30 days provided it has been documented by the person preparing the original verification. After this time a new verification form must be completed. 5 income certification Upon receipt of the application and verification of �. income an income certification form shall be executed by the potential buyer or tenant (including the entire household) prior to sale or rental an occupancy of the affordable housing unit by the owner or tenant. Income certification that the potential occupant has a moderate, low, or very low household income qualifies the potential occupant as an eligible Page 28 of 156 family to buy or rent and occupv an affordable housing unit under the AHDB program The income certification shall be in a form provided by the County Manager or his designee. SUBSECTION 3.J. ADDITION OF SECTION 2.06.06 VIOLATIONS AND ENFORCEMENT Section 2.06.06 Violations and Enforcement, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby added to read as follows: 2.06.06 Violations and enforcement. A Violations It is a violation of section 2 06 00 to rent sell or occupv or attempt to rent sell or occupy, an affordable housing rental unit provided_ under the AHDB program except as specifically permitted by the terms of section 2.06.00, or to knowingly give false or misleading information with respect to any information required or requested by the County Manager or his designee or by other persons pursuant to the authority which is delegated to them by section 2.06.00. B. Notice of violation. Whenever it is determined that there is a violation of section 2.06.00, a notice of violation shall be issued and sent by the County Manager or his designee by certified return receipt requested U.S. mail. hand delivery to the person or developer in violation of section 2.06.00. The notice of violation shall be in writing shall be signed and dated by the County Manager or his designee or such other county personnel as may be authorized by the BCC shall specify the violation or violations, shall state that said violation(s) shall be corrected within ten days of the date of notice of violation and shall state that if said violation(s) is not corrected by the specified date that civil and/or criminal enforcement may be pursued. If said violation(s) is not corrected by the specified date in the notice of violation, the County Manager or his designee shall issue a citation which shall state the date and time of issuance name and address of the person in violation, date of the violation section of these regulations or subsequent amendments thereto violated name of the County Manager or his designee, and date and time when the violator shall appear before the code enforcement board. C Criminal enforcement Any person who violates any provision of this section shall upon conviction be punished by a fine not to exceed $500.00 per violation or by imprisonment in the county mail for a term not to exceed 60 days or by both pursuant to the provisions of F.S. 5 125.69. Such person also shall pay all costs including reasonable attorneys fees including those incurred on appeal involved in the case Each day such violation continues, and each violation shall be considered a separate offense. D Civil enforcement In addition to any criminal penalties which may be imposed pursuant to section 2 06 06 C above Collier County and the County Manager or his designee shall have full power to enforce the terms of this section and any AHDB development agreements rezoning conditions or stipulations and planned unit development (PUD) conditions and stipulations oursuant to this section and the rights vrivileaes and conditions described herein by action at law or equity. In the event that it is determined that a violation has occurred and has not or will not be corrected within 60 days the certificate of occupancy for all AHDB units within the development shall be withdrawn and the sanctions or penalties provided in the AHDB development agreement shall be pursued to the fullest extent allowed by law. SUBSECTION 3.K. AMENDMENTS TO SECTION 3.05.10 LITTORAL SHELF PLANTING AREA (LSPA) Page 29 of 156 Section 3.05.10 Littoral Shelf Planting Area (LSPA), of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.05.10 Littoral Shelf Planting Area (LSPA) * * * * # * R * * # * * C. Application to existing lakes. All previously approved projects requiring littoral plantings shall meet the Operational requirements FequiFed set out in 3.05.10 B. above. 1. Projects with previously approved littoral planting requirements aad constructed according to previous standards required at the time of approval, may have to aad that do not meet the operational requirements of 3.05.10 B., shall meet the new current standards ;f the WtE)Fal shelves aFe pe IengeF €ate; subject to the following criteria: a. The amount of planted area shall be the same as that required in the original approval; b. The property owner shall assess the existing slopes and elevations in order to determine the appropriate location of the plantings subject to the criteria found in 3.05.10 A.3. The planted area shall be consolidated as much as possible subject to the criteria found in 3.05.10 A.2.; c. Subject to the assessment described in b., the existing planting slopes should be as flat as possible but the 8:1 requirement of 3.05.10 A.4. shall not be required. Re -grading of existing slopes will not re required.: d. Plant selection and specifications shall conform to 3.05.10 A.5.; e. Signage of the planted littoral areas shall be required subject to 3.05. 10 A.6.: and f. A written assessment and site plan shall be required if it is determined by the assessment of the lakes that the new littoral shelf planting area will differ from the approved plan of record. SUBSECTION 3.L. AMENDMENTS TO SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, of Ordinance 0441, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.00 SITE DESIGN STANDARDS 4.02.01 Dimensional Standards for Principle Uses In Base Zoning Districts A. The following tables describe the dimensional standards pertaining to base zoning districts. Site design requirements apply to the principal building on each site. w. R W � { rt R t R • • # M Page 30 of 156 le Uses in Base Zonin Districts. a 2. Buildin Dimension Standards for Princi Minimum Minimum Floor Area of Maximum Distance Buildings Floor area ratio Between Building Height square feet (% ng District (feet) Buildin s None None GC None 35 550 None A 35 None 1,000 None E None ry 2-sto 30 1-sto rY 35 No 1,500 1,800 None None RSF-1 35 None 1,500 1,800 None RSF-2 35 None 1,000 1,200 RSF-3 35 None B00 1,200 None RSF-4 RSF-5 35 None 600 1,200 800 None RSF-6 600 35 N A e 750 None RMF-6 ThFee (3) fleeFs 35 50 A Efficiency 450 RMF-12 1 BR 600 None 2+ BR 750 RMF-16 75 A Efficiency 450 1 BR 600 None 2+ BR 750 RT 10 stories, not to 300 A (max. for hotel units = None exceed 100' 500' VR S.F. 30 None MH 30 None None None Duplex30 None M.F. 35 B None 30 None None MH 30 10 None None TTRVC 35 None 1,000 round floor None C-1 35 A 1,000 round floor None C-2 50 None 700 round floor None C-3 A 700 (ground floor) Hotels .60 C-4 75 Destination resort .80 A 700 (ground floor) Hotels .60 C-5 35 Destination resort .80 1,000 50 A None I1,000 35 None Bp 35 None None None CON C None None None P 1 round floor) D (g None CF Towers/antennas ,000 40 Other 30 See table of special design requirements applicable to overlay districts. Overlay Districts A = 50% of the sum of the heights of the buildings, but not less than 15 feet. B = 50% of the sum of the heights of the buildings. district are limited to the height of the most C = buildings within 100 feet of an adjoining restrictive of an adjoining district. the buildings, but not less than 25 feet. D = 50% of the sum of the heights of SUBSECTION 3.M. AMENDMENTS TO SECTION 4.05.02 DESIGN STANDARDS �-.. 4.05.02 Design Standards, of Ordinance 04-41, as amended, the Collier County Section Land Development Code, is hereby amended to read as follows: Page 31 of 156 4.05.02 Design Standards K. Exemptions to locational requirements 3. Parking exemption. a. The BZA, after review and recommendation by the plannin commission may approve a parking exemption under the following circumstances: (1) The permitted use and the proposed off-site parking lot are separated by a collector or arterial roadway: (2) The lot proposed for off-site parking is not zoned commercial: (3) Shared parking, in which two or more permitted uses utilize the same, or a portion of the same required parking. (4) Parking reservation, in which the petitioner_ believes that the number of required parking spaces is excessive and wishes to reduce the number of parking spaces required to be constructed, while reserving the land area for future parking spaces if determined necessary by the County Manager or his designee, or the BZA. (5) Structures in commercial zoning districts shall be set back a minimum of 15 feet from residentially zoned lots which have been granted a parking exemption. b. The planning commission and the BZA shall consider the following criteria for the approval of a parking exemption: (1) Whether the amount of off-site parking is required by sections 4.05.04 G. and 4.05.09, or is in excess of these requirements. (2) The distance of the farthest_ parking space from the facility to be served. (3) Pedestrian safety if the lots are separated by a collector or arterial roadway. (4) Pedestrian and vehicular safety. (5) The character and quality of the neighborhood and the future development of surrounding properties. (66) Potential parking problems for neighboring properties. (7) Whether the internal traffic flow is required to leave the site to reach the proposed off-site parking. (8) Whether vehicular access shall be from or onto residential streets. (9) Whether buffers adjacent to the property zoned residential are 15 feet in width and include a wall in addition to reauired landscaping. (10) Whether the off-site parking area will be used for valet parking. Page 32 of 156 11 Whether the off-site arking area will be used for parking. �mol ge 12 Whether there are more viable alternatives available. c. Off-street arkin areas must be accessible from a street aIle or other ublic ri ht-of-wa and all off-street arkin facilities must be so rran ed that no motor vehicle shall have to back onto an street res excluchurchas' roved unde rsections 4 05.04 G! and'4I05.09. s and SUBSECTION 3.N.MEN MS ENTS TO SECTION 4.06.02 BUFFER REQU Section 4.06.02 Buffer Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.06.02 Buffer Requirements C. Table of buffer yards 4-n a required buffer strip, the following alternative Types of buffers. Withi shall be used based on the matrix in table 2.4. 1. Alternative A: Ten -foot -wide landscape buffer with trees spaced no more than 30 feet on center. 2. Alternative B: Fifteen -foot -wide, 80 percent opaque within one year landscape buffer six feet in height, which may include a wall, fence, hedge, berm or combination thereof, including trees spaced no more than 25 feet on center. When planting a hedge, it shall be a minimum of ten gallon plants five feet in height, three feet in spread and spaced a maximum four feet on center at planting. 3. Alternative C: 20 -foot -wide, opaque within one year, landscape buffer with a six-foot wall, fence, hedge, or berm, or combination thereof and two staggered rows of trees spaced no more than 30 feet on center. Projects located within the Golden Gate Neighborhood center district shall be exempt from the right-of-way requirement of a six-foot wall, fence, hedge, berm or combination thereof. These projects shall provide a meandering Type D landscape buffer hedge. In addition, a minimum of 50 percent of the 25 -foot wide buffer area shall be composed of a meandering bed of shrubs and ground covers other than grass. 4. Alternative D: A landscape buffer shall be required adjacent to any road right-of-way external to the development project and adjacent to any primary access roads internal to a commercial development. Said landscape buffer shall be consistent with the provisions of the Collier County Streetscape Master Plan, which is incorporated by reference herein. The minimum width of the perimeter landscape buffer shall vary according to the ultimate width of the abutting right-of-way. Where the ultimate width of the right-of-way is zero to 99 feet, the corresponding landscape buffer shall measure at least ten feet in width. Where the ultimate width of the right-of-way is 100 or more feet, the corresponding landscape buffer shall measure at least 15 feet in width. Developments of 15 acres or more and developments within an activity center shall provide a perimeter landscape buffer of at least 20 feet in width regardless of the width of the right-of-way. Activity center right-of-way buffer width requirements shall not be applicable to roadways internal to the development. a. Trees shall be spaced no more than 30 feet on center in the Page 33 of 156 landscape buffer abutting a right-of-way or primary access road internal to a commercial development. b. A continuous three gallon double row hedge soaced three feet on center of at least 24 inches in height at the time of planting and attaining a minimum of three feet height within one year shall be required in the landscape buffer where vehicular areas are adjacent to the road right-of-way, pursuant to section 4.06.05 CA. c. Where a fence or wall fronts an arterial or collector road as described by the transportation circulation element of the growth management plan, a continuous three gallon single row hedge a minimum of 24 inches in height spaced three feet on center, shall be planted along the right-of-way side of the fence. The required trees shall be located on the side of the fence facing the right-of-way. Every effort shall be made to undulate the wall and landscaping design incorporating trees, shrubs, and ground cover into the design. It is not the intent of this requirement to obscure from view decorative elements such as emblems, tile, molding and wrought iron. d. The remaining area of the required landscape buffer must contain only existing native vegetation, grass, ground cover, or other landscape treatment. Every effort should be made to preserve, retain and incorporate the existing native vegetation in these areas. TABLE 2.4 TABLE OF BUFFER REQUIREMENTS BY LAND USE CLASSIFICATIONS Page 34 of 156 Adacent Properties Zonin District and/or Propert Use Subj 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ect Prop erty's Distri ct/Us e 1. B B B B B A A A A D A - A Agric ulture A' 2. A A B B B B B C B * D B - C Resi denti al (E, RSF) sing) e- famil 3. A B A NA A B B B B D B - C Resi denti al (RMF -6, RMF - 12, RMF - 16) multif amil Page 34 of 156 Page 35 of 156 11. D D D D D D D D D D - B - D Vehic ular rights -of- way 12. B B B B B B B B B B B A B C Golf cours e maint enan ce build in 13. - - - - - - - - - - B C Golf cours e 14. A C C B B B B B C D C C D Auto mobil e servi ce statio n e. The letter listed under "Adjacent Properties Zoning District and/or Property Use" shall be the landscape buffer and screening alternative required. Where a conflict exists between the buffer required by zoning district or property use, the more stringent buffer shall be required. The "" symbol shall represent that no buffer is required. The PUD district buffer, due to a variety of differing land uses, is indicated by the "* symbol, and shall be based on the landscape buffer and screening of the district or property use with the most similar types, densities and intensities of use. Where a conflict exists between the buffering requirements and the yard requirements of this Code, the yard requirements of the subject zoning district shall apply. 'Buffering in agriculture (A) districts shall be applicable at the time of site development plan (SDP) submittal. 2Industrial (1) zoned property, where abutting industrial (1) zoned property, shall be required to install a minimum five -foot -wide type A landscape buffer adjacent to the side and rear property lines. This area shall not be used for water management. In addition, trees may be reduced to 50 feet on center along rear and side perimeter buffers only. This reduction in buffer width shall not apply to buffers adjacent to vehicular rights-of-way or nonindustrial zoned property. 3Buffer areas between commercial outparcels located within a shopping center may have a shared buffer 15 feet wide with each adjacent property contributing 7.5 feet. This does not apply to right-of-way buffers. f. Refer to section 5.05.05 for automobile service station landscape requirements. a: 5. Business Parks A 25 -foot wide landscape buffer shall be provided around the boundary of the business park. A six-foot tall opaque architecturally finished masonry Page 36 of 156 wall, or berm, or combination thereof shall be required and two staggered rows of trees spaced no more than 30 feet on center shall be located on the outside of the wall, berm, or berm/wall combination. b 6. Buffering and screening standards. In accordance with the provisions of this Code, loading areas or docks, outdoor storage, trash collection, mechanical equipment, trash compaction, vehicular storage excluding new and used cars, recycling, roof top equipment and other service function areas shall be fully screened and out of view from adjacent properties at ground view level and in view of roadway corridors. SUBSECTION 3.0. AMENDMENTS TO SECTION 4.06.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS-OF-WAY Section 4.06.03 Landscaping Requirements for Vehicular Use Areas and Rights -of - Way, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.06.03 Landscaping Requirements for Vehicular Use Areas and Rights -of -Way B. Standards for landscaping in Vehicular Use Areas Landscaping required in interior of vehicular use areas. At least ten percent of the amount of vehicular use area on-site shall be devoted to interior landscaping areas. The width of all curbing shall be excluded from the required landscaped areas. All interior landscaped areas not dedicated to trees or to preservation of existing vegetation shall be landscaped with grass, ground cover, shrubs or other landscape treatment. One tree shall be provided for every 250 square feet of required interior landscaped area. Interior landscaped areas shall be a minimum of five feet in width and 150 square feet in area. The amount of required interior landscape area provided shall be shown on all preliminary and final landscape plans. 2. All rows of parking spaces shall contain no more than ten parking spaces uninterrupted by a required landscaped island which shall measure inside the curb not less than eight feet in width and at least eight feet in length and at least 100 square feet in area. At least one tree shall be planted in each island. These islands shall not be used as retention areas or as swales. Landscape islands for compact car parking areas shall be at least seven feet in width and at least 100 square feet in area. These tree requirements shall be met with existing native trees whenever such trees are located within the parking area and may be feasibly incorporated into the landscaping. Where existing trees are retained in a landscape island the amount of parking spaces in that row may be increased to 15. A parking stall shall be no farther than 50 feet from a tree, measured to the tree trunk. Interior landscaping areas shall serve to divide and break up the expanse of paving at strategic points and to provide adequate shading of the paved area. Perimeter landscaping shall not be credited toward interior landscaping. 3_All rows of parking spaces shall be bordered on each end by curbed landscape islands as shown in Figure 3, Terminal Landscape Islands. Each terminal island shall measure inside the curb not less than eight feet in width and extend the entire length of the single or double row of parking spaces bordered by the island. Tyne D curbing is reguiredd round all landscaae islands. terminal island for a single row of parking spaces shall be landscaped with at least one canopy tree. A terminal island for a double row of parking spaces shall contain not less than two canopy trees. The Page 37 of 156 remainder of the terminal island shall be landscaped with sod, ground covers or shrubs or a combination of any of the above. 4. Interior landscaping areas shall be provided within the interior of all vehicular use areas. Landscaped areas, wall structures, and walks shall require protection from vehicular encroachment through appropriate wheel stops or curbs or other structures. 5. Required landscape islands and perimeter planting beds shall be graded to provide positive drainage. Curbing around landscape areas shall include curb cuts where necessary so as not to inhibit positive drainage. 6. Interior landscaping areas shall meet the requirements of sections 4.06.05 G. and 4.06.05 J. Alternative designs may be approved that achieve equivalent results subject to approval by the plan6 d+rester County Manager or his designee. 2 7. Vehicular overhang of landscape areas. See section 4.05.04, Exhibit A. 8. Green space required in shopping centers and freestanding retail establishments with a floor area greater than 40,000 square feet. An area that is at least seven percent of the size of the vehicular use areas must be developed as green space within the front yard(s) or courtyards of shopping centers and retail establishments and must be in addition to the building perimeter planting area requirements. The courtyards must only be located in areas that are likely to be used by pedestrians visiting the shopping center and retail establishment. The seven percent green space area must be in addition to other landscaping requirements of this division, may be used to meet the open space requirements (section 4.02.01), and must be labeled "Green Space" on all subdivision and site plans. (Refer to section 5.05.08, Architectural and Site Design Standards and Guidelines for Commercial Buildings and Projects.) The interior landscape requirements of these projects must be reduced to an amount equal to five percent of the vehicular use area on site. Green space must be considered areas designed for environmental, scenic or noncommercial recreation purposes and must be pedestrian -friendly and aesthetically appealing. Green space may only include the following: lawns, mulch, decorative plantings, nonprohibited exotic trees, walkways within the interior of the green space area not used for shopping, fountains, manmade watercourses (but not water retention areas), wooded areas, park benches, site lighting, sculptures, gazebos, and any other similar items that the planning service director deems appropriate. Green space must include: walkways within the interior of the green space area not used for shopping, a minimum of one foot of park bench per 1,000 square feet of building area. The green space area must use existing trees where possible and landscaping credits will be allowed as governed by table 4.06.04 D. The green space areas must be located in areas that are in close proximity to the retail shopping area. Benches may also be located in interior landscaped areas and 75 percent of the benches may be located adjacent to the building envelope along paths, walkways and within arcades or malls. 4. 9. Landscaping required for section 5.05.08 buildings over 20, 000 square feet. The following requirements will be counted toward the required greenspace and open space requirements of this Chapter of this Code. a. Trees in vehicular use areas must be a minimum of 14 to 16 feet height with a six- to eight -foot spread and a three- to four -inch caliper and must have a clear trunk area to a height of six feet. Page 38 of 156 b. The first row of landscape islands located closest to the building th es, palms, front and ses must and must have accleadr trunk aerea to a heightofsevnd en feet. SUBSECTION 3.P. AMENDMENTS TO PROTECTION SECTION 4.06.04 TREE AND VEGETATION Section 4.06.04 Tree and Vegetation Protection, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 39 of 156 4.06.04 Trees and Vegetation Protection A. Vegetation Removal and Site Filling: 1. Clearing of woody vegetation requires a Vegetation Removal Permit or Vegetation Removal and Site Filling Permit unless exempted by section 3.05.02. The Vegetation Removal Permit process is governed by section 3.05.04. a. Permitted removal of vegetation or site fitting with an approved Vegetation Removal and Site Filling Permit (VRSFP), Site Development Plans (SDP) or Plat and Construction Plans (PPL) For individual single familv lots or blocks of lots 1) a completed building permit application must be submitted and deemed sufficient by Collier County, 2) all necessary current state and Federal environmental permits must be obtained. If these two items are fulfilled, a VRSFP must be obtained prior to removal of this vegetation Page 40 of 156 ii To allow for safe t durin tree removal if a developer owns Conti uous sin le famil lots the trees on the single family lots direct) adjacent to a tot where a house is under construction mbete otife orre ooe tmvedI . A VRSFP must be obtained f removal at a futre a rior to removal of this vegetation. A develo er will be Permitted to clear up to 25 acres of residential commercial or industrial lots or buildin sites to store excess fill enerated t)v lake excavations within the PUD or ro'ect where the excavation is takin lace when the followinq information has been submitted and a roved with the SDP or PPL. a) Plat and Construction Plans: Clearin for the construction of the infrastructure such as road rights-of-wav, and drainage and utility easement areas shall be approved on site clearing tans within that phase of approved residential commercial or industrial Plat and construction Plans Clearing of individual lots or blocks of lots may be approved_ i) The limits of each separate stockpile must be clearly delineated and the area hei ht cross-section and volume of each individual stockpile must appear on the dra referenced to the stockpile Slopes must not be steeper thawnn a ratio of 4:1. ii) The type of vegetation to be removed must be shown on the drawing. iii) The source of the material such as lake number (lake #) for each stockpile must be indicated on the drawing and the amount of material excavated must iustify the need to clear the proposed area. bl Site Development Plans (SDPs) and Site Improvement Plans SIPs i) Commercial and industrial: Clearing for all infrastructure improvements and for building pads shall be approved on the SDP or SIP site clearing plans. ii Residential SDPs: Clearing for the construction of the infrastructure such as _road and drainage and utility easement areas shall be approved on SDP clearing plans Clearing of individual lots or blocks of lots may be approved. Iii The limits of each separate stockpile must be clearly delineated and the area height cross-section and volume of each individual stockpile must appear on the drawing referenced to the stockpile Slopes must notbe steeper than a ratio of 4:1. Liv) The tvve of ve etation to be removed must be shown on the drawing. v) The source of the material such as lake number (lake #) for each stockpile must be indicated on the drawing and the amount of material excavated must iustifv the need to clear the proposed area. c) A portion of the 25 acres may be used to bring building lots to desired construction elevations The area used to prepare lots shalt not exceed 10 acres and those lots shall immediately_be stabilized and seeded to orevent erosion and exotic seed infestation A separate VRSFP may also be obtained after SDP or PPL approval arior. Page 41 of 156 iv. No VRSFP will be issued without first submitting copies of all reauired approved agency permits, regardless of whether the permit is for clearing and filling or simply filling a site. v When a VRSFP authorizing up to 25 -acres of clearing and filling is nearing capacity, permission to clear and fill up to an additional 25 -acres to use excess lake material may be applied for with a new VRSFP application. vi. A VRSFP will be issued to authorize greater than 25 acres of residential, commercial, or industrial lots to store excess fill generated by lake excavations within the PUD or proiect where the excavation is taking place, when the property used for storing excess fill has been previously cleared or has greater than 75% canopy of exotics. vii. Revegetation: For VRSFPs within subdivisions, a revegetation bond in the form of a performance bond, letter of credit, or cash bond and in the amount of $5,000.00 per acre must be posted. a) When fill is used to bring building lots to desired construction elevations those lots shall immediately be seeded, to prevent erosion and exotic seed infestation. lb) All fill areas for lots or stockpiles must have erosion control silt fencing. c) Any stockpile in place for more than six months must be sodded or hvdroseeded. Failure to do so within 14 calendar days of notification by the county will result in a fine of $10.00 ^ per acre, per day. d) In the event that any portion of the stockpile is in place for greater than 18 months, the county will order the fill to be removed and the land to be revegetated. The density and type of revegetation must mimic nearby ecosystems, and must not be less than 64 trees per acre with associated mid -story and groundcover. 2. BCC Approved Vegetation Removal and Site Filling Permit Procedures An applicant can seek approval by the Board of County Commissioners for a Board approved Vegetation Removal and Site Filling Permit (VRSFP) for a site that exceeds current thresholds contained in the Land Development Code. To be granted a Board Approved VRSFP, the applicant must demonstrate to the Board, through a Schedule of Development Activities, that the project will be completed in a reasonable amount of time so as to minimize noise, dust, blasting, traffic, and inconvenience to the neighboring and general public. All criteria in 4.06.04 A.1.a that applies to the administrative VRSFP, shall also apply to the BCC approved permit. SUBSECTION 3.Q. AMENDMENTS TO SECTION 4.06.05 GENERAL LANDSCAPE REQUIREMENTS Section 4.06.05 General Landscape Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 1--, 4.06.05 General Landscape Requirements A. Landscaping requirements for residential developments Page 42 of 156 Landscaping for all new development, including single-family, two-family, multifamily and mobile home dwelling units, shall include, at a minimum, the number of trees set forth below. Areas dedicated as preserves and conservation w areas shall not be counted to meet the requirements of this section. Existing trees and other minimum code required landscaping may be credited to meet these requirements pursuant to section 4.06.05 E.I. Trees shall meet the requirements of section 4.06.05 C.2. Existing residential development that does not meet the minimum landscaping requirements of this code shall be required to install the required landscaping before a certificate of occupancy is granted for any improvements to the property. 1. Residential developments. One canopy tree per 3,000 square feet of pervious o ens ace per lot. Lakes and wet detention areas shall not be counted towards this requirement. tThe maximum number required: 15 trees per lot. a Where a single family development has a street tree program and lots of less than 3,000 square feet of pervious _open space street trees located direct) in front of the lot ma be substituted to meet these re uirements. A Street Tree Plan shall be submitted to the County Manager or his designee for review and approval and of -Way permits if required shall be obtained from the County Manager or his designee. B. Landscaping requirements for industrial and commercial development 4. Building foundation planting areas. All shopping center, retail, office, apartments, condominiums, clubhouses and similar uses must provide building foundation plantings in the amount of ten percent of proposed building ground level floor area. These planting areas must be located adjacent to the_primary public building entrance(s) and/or primary street elevation Planting areas aPA must consist of landscape areas, raised planters or planter boxes that are a minimum of five -feet wide except as re wired b section 4.06.05 6.5. below. These areas must be landscaped with trees and/or palms in the amount of one tree or one palm equivalent per 250 square feet; and shrubs and ground covers other than grass. Building foundation plantings are exempt from the native requirements. Water management areas must not be a part of this planting area. Parking lot islands will not count towards this requirement. 5. Building foundation planting requirements for tall -buildings 9maWF4IaR a stertes er 35 feet or more in height; and/or section 5.05.08 buildings with a footprint greater than 20,000 square feet and/or parking garage structures. a. The minimum width of building foundation planting areas must be measured from the base of the building and must relate to the adjacent building's wall height as herein defined as follows: Building's Wall Height: aontiguous round perimeFoundation terro�building th cgXg ding Building wall hei ht less than 35 feet 1 o teet. Building wall height between 35 feet 15 feet. and 50 feet. Building wall height greater than 50 20 feet. b. Sites located adjacent to a permanent water body such as a canal, Page 43 of 156 lake bay or gulf may incorporate the required landscape buffer width into the building perimeter landscape buffer width. c. Trees required by this section must be of an installed size relating to the adjacent building's wall height, as defined below: Building's Wall Minimum Tree Minimum Tree MinimumPalm Height (feet) Height (feet) Tree Container Height (feet) Canopy Size Spread(gallons) feet 35 to 50 14 to 16 7 45 16 greater than 50 16 to 18 8 65 20 C. Plant Material Standards ! 2. Trees and Palms. All required new individual trees, shall be species having an average mature spread or crown of greater than 20 feet in the Collier County area and having trunk(s) which can be maintained in a clean condition over five feet of clear wood. Trees adjacent to walkways, bike paths and right's -of -way shall be maintained in a clean condition over eight feet of clear wood. Trees having an average mature spread or crown less than 20 feet may be substituted by grouping the same so as to create the equivalent of 20 -foot crown spread. For code - required trees, at least 50 peFrent nf the trees at the time of installation shall be a minimum of 25 gallon, ten feet in height, have a 1 3/4 -inch caliper (at 12 inches above the ground) and a four -foot spread. T -4e 4. Shrubs and hedges. Shrubs and hedges shall be installed and maintained at a minimum height as specified in Section 4.06.02 C.1. except where street visibility is required and where pedestrian access is provided. Shrubs and hedges shall screen above the adjacent pavement surface or developed property required to be buffered and/or screened_ Hedges, where required, shall be planted 'R deuble maintained so as to form a continuous, unbroken, solid visual screen within a minimum of one year after time of planting. Page 44 of 156 G. Installation and selection requirements for plant materials 1. Prior to the issuance of any certificate of occupancy for a use required to provide landscaping and irrigation in accordance with this section, all required landscaping and irrigation shall be installed and in place as set out in the plans approved under Chapter 10 of the Code. All plant materials must be installed in accordance with accepted landscape practices in the area and meet the plant material standards contained in Section 4.06.05 C. Plant materials shall be installed in soil conditions that are conducive to the proper growth of the plant material. 2. Limerock located within planting areas shall be removed and replaced with native or growing quality soil before planting. A plant's growth habit shall be considered in advance of conflicts which might arise (i.e. views, signage, overhead power lines, lighting, sidewalks buildings, circulation, etc.). Trees shall not be placed where they interfere with site drainage, subsurface utilities, or where they shall require frequent pruning in order to avoid interferences with overhead power lines and buildings. Small canopv trees shall be slanted in small spaces having limited canopy s ace and roots ace. Lar a rano trees such as Live Oak trees shall be planted a minimum of 15 feet from a building Laroe canopy trees that are lanted closer than 15' to a buildin or within 10 of a sidewaiK aved area or under round utilit shall rovide root barrier structural soils or other acceptable method of protection extending within 20 feet of such building sidewalk paved area or underground utility. Tree and parking lot / pole lighting locations shall be designed so as not to conflict with one another. Parking lot / pole lighting shall not be located in landscape islands with trees and shall be located a minimum of 12.5 feet from the trunk of a tree. (See Figure x below). page 45 of 156 11� UO Tnis + + i + COMPATIBLE TREE AND LIGHTING DESIGN Figure X Compatible Tree and Lighting Design 3. Trees shall not be planted in areas that retain excessive quantities of water or will require excessive amounts of fill placed over the root system that will affect the health of the tree species. Required landscaping shall not be placed within easements without written approval from all entities claiming an interest under said easement. 4. All trees and palms shall be properly guyed, braced and/or staked, at the time of planting to ensure establishment of the tree or trees and erect growth. Nail staking or other methods that cause cosmetic or biological damage to the tree are prohibited. Trees shall be re -staked within 24 hours in the event of blow -over or other failure of the staking and guying. Staking shall be removed between six and 12 months after installation. 5. All required landscaping shall be installed in accordance with plans approved under Chapter 10 of the Code. Landscaping within a subdivision development shall be guaranteed by a subdivision completion bond in accordance with Chapter 10 governing the final platting of subdivision. 6. All required landscaping shall be maintained in a healthy condition in perpetuity as per the approved building and site plans. Code Enforcement may investigate deficiencies in approved landscaping and institute corrective action to insure compliance with this Code. 7. In instances where an act of God or conditions outside the control of the applicant have prevented immediate installation, the plaRRiag-sew+ses difesteF County Manager or his designee, if furnished with a statement which includes good and sufficient evidence that states that the required plantings will be installed when conditions permit, may issue a temporary certificate of occupancy. If the required plantings are not installed when conditions permit, then the county may revoke the certificate of occupancy. Page 46 of 156 SUBSECTION 3.R.MENDMLNTS TO SECTION 4.07.01 UNIFIED CONTRO Section 4.07.01 Unified Control, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS 4.07.01 Unified Control A. All land included for purpose of rezoning to a PUD zoning district shall be owned or under the control of the applicant, whether that applicant bean individual, partnership or corporation, or a group of individuals, partnerships or corporations. B. Thea licant shall resent com etent substantial evidence of the unified control of the entire area within the ro osed PUD district and shall state ill: agreement that if he proceeds with the proposed development he w 1 Notify the County Manager or his designee in writing of any change in ownership, control andlor name of the development. 2. Do so in accordance with: a The PUD master plan of development off icialladopted for the district; b. Re ulations and develo ment standards as set forth in the PUD document and PUD master plan: c. Such other conditions or modifications as ma be attached to the rezonin of land to the PUD classification and d The Collier County growth management plan and land development code. 3. Provide written agreements, contracts deed restrictions or sureties acceptable to the county for co len of the undertakina 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 10 an( commitments made under sections 2.03.06 this section 4.07.00 and section 10.02.13. SUBSECTION 3.S. AMENDMENTS TO SECTION 5.03.04 DUMPSTERS Section 5.03.04 Dumpsters, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.03.04 Dumpsters and Recycling. Solid waste disposal and recvclina (Ordinance No. 04-50) shall be required in the form of bulk container service (garbage and recvclina receptacles) for all commercial and industrial establishments and multi -family projects not receiving curbside aarbaae and recycling pickup. Solid waste disposal and recvclina shall be required in the form of curbside pickup for all units on the Mandatory Trash Collection and Disposal roll. All individual units within a deed -restricted area must have an enclosed location other than the residential structure, such as a carport or garage for the storage of individual solid waste containers, or as otherwise permitted below. A. Trash container location requirements. Page 47 of 156 3. For multi -family residential developments having more than one structure, no dumpster shall be located more than 250 feet from the structure that it is intended to serve (unless a compactor is used for service). 4. All projects subject to the provisions of LDC section 5.05.08 shall locate trash containers in accordance with the relevant provisions of that section. C. Container quantities. In the case of multi -family developments and commercial and industrial businesses that do not receive curbside service and choose to use dumpster service, at least one standard size bulk container (garbage dumpster) shall be required for trash disposal and at least one receptacle for recycling. Prior to site development plan submittal, the contractor, developer or homeowner's association must contact Collier County Utility Building and Customer Service to estimate the number and sizes of bulk containers needed. D. Enclosure dimensions. Enclosures for dumpsters shall have minimum internal dimensions of twelve (12) by twelve (12) feet with a separate area for recycling receptacles enclosed by vegetative screening An alternative is an enclosure with minimum internal dimensions of twelve (12) by twenty-four (24) feet for no less than two standard receptacles contained inside (one for garbage and one for recycling). If equipped with gates, the clear opening dimension shall be a minimum of twelve (12) feet or twenty-four (24) feet depending on enclosure style, as defined in this paragraph and the gates must be provided with a devise device to hold them open. E. Container screening. Except as noted below, all senta!Refs receptacles shall be screened on at least three (3) sides from view of adjacent property owners and from adjacent streets on the first -floor level. All enclosures must have a cement pad as the floor of the enclosure. This screening shall not be subject to height limitations for fences, provided that the vision of motorists on adjacent streets remains unobstructed. Screening may be exempted: G. Curbside pickup. The , County Manager or his designee, 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 a compactor. Condominium developments may substitute curbside pickup for dumpsters or compactors so long as satisfactory documentation is presented to the County Manager or his designee that: 1. The subject condominium association has voted in the majority to eliminate the use of dumpsters 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 storage of individual solid waste containers. Page 48 of 156 H. Non -Com fiance. In the event that a ropert owner ex eriences a Substantial Hardshi as defined in Ordinance No. 2004 50 Section 5 FF or if due to s ecific site conditions Ordinance No. 2004 50 Section 17 B is unable to conform with the provisionsccontained herein the ro ert owner or his designee, shall com fete and submit an a Iication for an No. 2004-50 Section 1 administrative variance ursuant to Ordinance and B . 1. The process for requesting an administrative variance shall be as follows: a. Com lete an administrative variance form which is available from the Utility Billing & Customer Service Department at the Utility Billing & Customer Service office or by downloading the form from the County Website (www colliergov.net) b. Deliver the form to the Utility Billing & Customer Service Department along with all requested information. c. Within five business days of receiving the administrative variance form the County Manager or his designee will contact the property owner, or his designee to review the administrative variance request d. The County Manager or his designee and the property owner, or his designee shall 'ointly develo a solution that complies with Ordinance No. 2004-50 and meets the intent of this section 5.03.04 of the Collier County Land Development Code. I. If the County Manager or his designee and the property owner, or his designee are unable to resolve the conflict the property owner, or his designee shall request a Variance in accordance with Section 9.04.00 of the Collier County Land Development Code. SUBSECTION 3.T. AMENDMENTS ARCHITECTURAL STANDARDS OR COMMERCIAL BUILDINGS Section 5.05.08 Architectural Standards for Commercial Buildings, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 49 of 156 . .. .. Page 50 of 156 et s}3ase �g aFea �s g pe n amass G 2be►ew}: Page 51 of 156 Page 52 of 156 Page 53 of 156 Page 54 of 156 Canopies 9F peFtiw, OteqFated with the buildings FnaG6'n(3 and Page 55 of 156 Page 56 of 156 Page 57 of 156 EH -- (di) kK*-. Page 58 of 156 Autemetive and OtheF 6P80 a' sej4d4ieNS' Page 59 of 156 Page 60 of 156 Page 61 of 156 Page 62 of 156 Page 63 of 156 Page 64 of 156 rGet Wkling &hall hP. ce Y n m Wexit+ strUGtUye n�eSe Gc)M i GR dPS;gR elewknt& 4 1 inGiildbusinesses on aRe paFking 'at Ray be .169EI. e pafGels4hat-af-e F GORRe "emanReGtien. OUtpaFGelS 6ha the maiRprejerA- rs. Reef featuFeS s e Re ghberhoods. Reefing Foate FL a! should be AARI;tr"rtAEI Of 4urAhlf; hi the AnllAGt.AF OF aFWFial Fight of way (see 111616tration 5 05 OR Q-.7 below'). Page 65 of 156 ies We eE i#he foHowiegl ipg-()f seMMe Gia4 PFej lecated off or adj ffie GefflpkW,o4 faai Page 66 of 156 a +k�e�#a� ids le+�kl aad-atiti�es-�Hm -w+R �-�-s�-i ize �e#ayFicale�-�Z�eka4-�a+i4di+�gs-�+ader--lhe�ellewir�� saed+#ie� way; s alengthA- street;; the buildingrs are easearaged- al fey its F;hnFtest dlst2RGe. Page 67 of 156 SECTION 5.05.08. ARCHITECTURAL AND SITE DESIGN STANDARDS A Purpose and Intent. 1 The purpose of these standards is to supplement ex_isting development criteria in order to complement, enhance and enrich the urban fabric of Collier County with an abundant variety of Architecture. The development of a positive progressive and attractive community image and sense of Place is vital to the economic health and vitality of Collier County. 2. Among the recurring details that are present in the architecture of Collier County include but are not limited to the following: a. elements of Mediterranean desi n emto in stoed ae roofs arcades and stucco b Old Florida design with wide verandas metal roofs and lap siding; c Modern International; and d. various traditional historic references to Colonial Bermuda and Island forms. 3. Buildin desi n contributes to the uni ueness of the pro&ect area and the Collier Count communit with predominant materials design features color ran a and s atial relationshi s tailored specifically to the site and its context. scaie niaaau - buildin or buildings to the site and surrounding context is strongly encouraged Recognition of the environment and climate present in Collier County must be evident in the architecture. Gratuitous decoration applied to the building is strongly discouraged. Page 68 of 156 5. These standards and uidelines are intended to result in a comprehensive plan for bujldinq design and site development consistent with the goals, olicies and ob'ectives of the Collier County Growth Management Plan "GMP" and the purpose and intent of the Land Development Code ("LDC"). These regulations. are intended to pro -mote the use of crime prevention through site design principals including visibility -site lines for law enforcement as well as the general public. 6 To maintain and enhance the attractiveness of the streetscape and the existing architectural design of the commurnty, all buildings must have architectural features and atterns that rovide visual interest from the perspective of the pedestrian reduce building mass, recognize local acter and respond to site conditions Facades must be designed to char ce the masslscale and uniform monolithic appearance _of large redu unadorned walls. Facades must rovide throu h the use of detail and scale visual interest that is consistent with the communitv's_identity and character. Articulation is accomplished by varying the buildings mass, in height and width so that it appears to be divided into distinct elements and details. B Applicability. The provisions of section 5.05.08 apply: 1. To all new buildings and ro'ects submitted on or after November 10 2004 in the zoning districts set out below. At the applicant's request, projects submitted between November 10 2004 and January 2 2005_may be reviewed for compliance with the requirements of section 5.05.08 as they were set forth in the LDC before November 10 2004. a. Commercial zoning districts. b. Non-residential PUD districts and non-residential components of any PUD district. c. Business park districts. 2. To non-residential buildings and projects submitted on or after November 10 2004 in any zoning district but only when the following conditions exist: a. The pro6ect.. site is located on an arterial or collector road as described by the Traffic Circulation Element of the GMP or b. A proposed building's footprint would be located within 300 feet of the boundary of a residentially zoned district. 3. To all renovations and redevelopment including applicable additions of a building or site as follows except that "renovation is not intended to apply to routine repairs and maintenance of an existing building. a. Any addition or renovation of an existing building or project including vehicular use area (i.e. - approved for use and occupancy as of November 10 2004) that will result in a change to the exterior of the building or site such that in the case of: i. A building facade renovation where such addition renovation or redevelopment exceeds 50 percent of the wall area of an existing facade that entire facade must comply with the standards of Section 5.05.08. ii. An addition or renovation to or redevelopment of an existing building or project where the cost of such addition. renovation, or redevelopment exceeds 50 percent of the assessed value of the existing structure(s), or would exceed 25 percent of the square footage of the aross area of the existing structures. the existing building(s) and the site improvements must conform with the standards of Section 5.05.08. Page 69 of 156 iii. Upon repainting an existing building the colors to be applied must comply with Section 5 05 08 D.13. Materials and colors. 4. Abandonment or discontinuance of use. a Buildings or projects that are abandoned (i.e. - their existing use ceases) are subject to this Section notwithstanding Section 9.03.02 F.: i Where the use of a structure building or project ceases for any reason except where government action impedes access to the premises for a period in excess of one year the provisions of Section 5 05 08 apply before re -occupancy. Compliance with this Section may require structural alterations. ii. The site design standards of this Section apply where the use of a structure ceases for any reason except where governmental action impedes access to the premises for a period of more than 180 consecutive days. C. Building design standards. 1 Building Facades All facades of a building must be designed with consistent architectural style detail and trim features. a In case of buildings located on outparcels and freestanding buildings within a unified plan of development all exterior facades shall adhere to the requirements of this Section with respect to architectural design treatments for primary facades. (See Section 5.05.08 C.9. Outparcels and freestanding buildings within PUD and common ownership developments for additional design standards). b Buildings or projects located at the intersection of two or more arterial or collector roads shall include design features, such as corner towers corner entrances or other such features, to emphasize their location as gateways and transition points within the community. 2. Primary facade standards a. Building_entrance Buildings located along a public or private street must be designed with the main entrance clearly defined, and with convenient access from both parking and the street. b Ground door. Primary facades on the ground floor must have features along a minimum of 50 percent of their horizontal length: These features include but are not limited to: arcades; display windows; entry areas or other similar design elements. c Design features The design of primary facades must include, at a minimum two of the following design features: i Glazing covering a minimum of 30 percent of the primary facade area consisting of window and glazed door openings. ii. Projected or recessed covered public entry providina a minimum horizontal dimension of eight feet and a minimum area of 100 square feet In addition a minimum of 20 percent of the primary facade area must be devoted to windows and glazed door openings. iii. Covered walkway or arcade (excluding canvas type) constructed with columns at least 12 inches wide attached to the building, or located no more than 12 feet from the building. The structure .-►. - must be permanent and its design must relate to the principal structure The minimum width must be eight feet, with a total length measuring 60 percent of the length of the associated facade. Page 70 of 156 iv. Porte-cochere with a minimum horizontal dimension of 18 feet. In addition a minimum of 20 percent of the primary facade area must be devoted to windows and _lazed door openings. V. A tower element such as but not limited to a clack or bell tower element In addition a minimum of 20 percent of the primary facade area must be devoted to windows and glazed door openings. 3 Facade/wall height transition elements. a Purpose The intent of this section is to ensure that the proposed buildings relate in mass and scale to the immediate streetscape and the adjacent built environment. b Applicability Transitional massing elements must be provided on proposed buildings that are twice the height or more of any existing building within 150 feet as measured from the edge of the proposed building. c Design standards. i Transitional massing elements can be no more than 100 percent taller than the average height of the adjacent buildings, but no more than 30 feet and no less than ten feet above the existing g_rade. ii. Transitional massing elements must be incorporated for a minimum of 60% of the length of the facade which ism part or whole within the 150 feet of an existing building. iii Transitional massing elements include, but are not limited to, wall plane changes roofs canopies colonnades, balconies, other similar architectural features with the minimum depth for projections and recesses relative to the building size, and must meet the following requirements: a) For buildings 40,000 square feet or larger in gross building area projections and recesses must have a minimum depth of ten feet. b) For buildings between 20 000 and 39,999 square feet in gross building area projections and recesses must have a minimum depth of eight feet. c) For buildings between 10,000 and 19,999 square feet jn gross building area projections and recesses must have a minimum depth of six feet. d) For buildings up to 9,999 square feet in gross buildinc area, projections and recesses must have a minimum depth of four feet. 4 Variation in massing A single large dominant building mass must be avoided Chances in mass must be related to entrances, the integral structure and the organization of interior spaces and activities, and not merely for cosmetic effect False fronts or parapets create insubstantial appearance and are discouraged All facades excluding courtyard area, shall be designed to employ the design treatments listed below. a Projections and recesses. i For buildinas 40,000 sguare feet or larger in gross building area, a maximum length or uninterrupted curve of any facade, at any ✓'� point must be 150 linear feet Proiections and recesses must have a minimum depth of ten feet within 150 linear feet limitation. Page 71 of 156 ii. For buildings between 20 000 and 39 999 square feet in gross building area a maximum length or uninterrupted curve of any Bade at anv point must be 125 linear feet. Proiections and recesses must have a minimum depth of eight _feet within 125 linear feet limitation. iii. For buildings between 10-000 and 19,999 square feet jn gross building area a maximum length or uninterrupted curve of an facade at any point must be 100 linear feet. Proiections and recesses must have a minimum depth of six feet within 100 linear feet limitation. iv. For buildings between 5 000 and 9 999 square feet in gross oss building area a maximum length or uninterrupted curve of any facade, at any point must be 75 linear feet. Projections and recesses must have a minimum depth of four feet within 75 linear feet limitation. v For buildings less than 5,000 square feet in gross building area, a maximum length or uninterrupted curve of any facade, at any point must be 50 linear feet Projections and recesses must have a minimum depth of three feet and a minimum total width of 20 percent of the facade length. Illustration 5.05.08 C.4.a. - 1 b Wall plane chanaes. i For buildings exceeding 5 000 square feet in gross building area any facade with horizontal length exceeding 50 linear feet must incorporate wall plane projections or recesses having depth of at least three feet with a single wall plane limited to no more than 60 percent of each affected facade. ii. If a building has a prosection or recess of 40 feet or more, each is considered a separate facade and must meet the above requirements for wall alane changes. Page 72 of 156 Illustration 5.05.08 C.4.b. - 1 5 Project Standards. a An applicant must submit architectural drawings and a site development plan or site improvement plan according to Section 10 02 03 Site Development Plans of this Code to comply with this Section 5.05.08. This includes: floor plan(s) of each proposed building all elevations of each proposed building at a minimum of 118 scale a color rendering or elevation color paint chips and roof color paint chip(s) or sample. b Architectural drawings must be signed and sealed by the licensed Architect who is responsible for preparing the drawings and who is registered in the state of Florida as set forth in Chapter 481, of the Florida Statutes. c Building design treatments Each building must have at least four of the following building design treatments: i Canopies porticos or porte-cocheres integrated with the building's massing and style, ii. Overhangs minimum of three feet, iii. Colonnades or arcades a minimum of eight feet clear in width, iv. Sculptured artwork. V. Cornice minimum two feet high with 12 inch proiection, vi Peaked or curved roof forms, vii Arches with a minimum 12 -inch recess depth, viii. Disolav windows, Page 73 of 156 ix. Ornamental and structural architectural details other than ^ c_ornices which are integrated into the building structure and overall design, x Clock or bell tower or other such roof treatment (i.e. dormers, belvederes and cupolas), xi Projected and covered entry, with minimum dimension of eight feet and the minimum area of 100 square feet, xii Emphasized building base minimum of three feet high, with a minimum proiection from the wall of two inches, xiii Additional roof articulation above the minimum standards, xiv. Curved walls, xv. Columns, xvi. Pilasters, or xvii. Metal or tile roof material. xviii Expressed or exposed structural elements. xix Additional glazing at a minimum of 15% bevond the code minimum requirement. xx Solar shading devises (excluding awnings) that cover a minimum of 50% of the building facade. xxi Translucent glazing at a minimum of 15% beyond the code ^ minimum glazing requirement. x_xii Glass block at a minimum of 15% beyond the code minimum glazing requirement. d Site design elements All projects must have at a minimum two of the following: i Decorative landscape planters or planting areas a minimum of five feet wide and areas for shaded seating consisting of a minimum of 100 square feet: ii. Integration of specialty pavers or stamped concrete along the buildinq perimeter walkway. This treatment must constitute a minimum of 60 percent of walkway area: iii. Two accent or specimen trees above the minimum landscape code requirements for every 100 feet of the front facade and a minimum of two for the rest of the proiect with a minimum height of 18 feet at planting: or iv. Site sculptures. 6 Window standards Windows must not be false or applied. Spandrel panels in curtain wall assembly are allowed but may not be included in the minimum glazing required for primary facade. 7. Overhead doors. �-. a Required screening Overhead doors must not be located on the primary facades unless sufficient screening is proposed. Sufficient screenina is defined as a screening wall with a minimum height of 90 percent of the overhead door height or a landscape buffer achieving 75 percent opacity within one year. The placement and the length pf Page 74 of 156 these screening devices must block the view of the overhead doors from the street. b Doors facing one another. Overhead doors facing one another may be treated as interior space provided that. i. the buildings meet all other requirements of Section 5.05.08. of this code, ii the distance between the doors facing one another is no greater than 50 feet and iii. the view of the overhead doors is ro erl screenedfrom the street. 8. Detail features. a The design elements in the following standards must be an integral part of the building's design and integrated into the overall architectural style These elements must not consist solely of applied graphics or paint. b. Blank wall areas. Blank opaque wall areas must not exceed ten feet in vertical direction or 20 feet in the horizontal direction of any prima ry facade For facades connected to a primary facade this applies to a minimum of 33 percent of the attached facades. Control and expansion joints are considered blank wall area unless used as a decorative pattern and spaced at intervals 120 square feet per panel or less. The depth of the relief and reveal work must be a minimum of 112 inch and a minimum width of 1-%z inch and may be of a color that contrasts with the color of the wall. 9. Outparcels and freestanding buildings within a PUD and common ownership developments. a Purpose and intent To provide unified architectural design and site planning for all on-site structures and to provide for safe and convenient vehicular and pedestrian access and movement within the site. b Primary facades All exterior facades of freestanding structures, including structures located on outparcels are considered primary facades and must meet the requirements of this Section with respect to the architectural design treatment for primary facades — Section 5 05 08 C 2 Primary facade standards. c Design standards The design for freestanding buildings must employ architectural site and landscaping design elements mteg_ ratedwth and common to those used on the primary structure and its site. These common design elements must include colors building materials and landscaping associated with the main structure. All freestanding buildings must provide for vehicular and pedestrian inter- connection between adiacent outparcels or freestanding sites and the primary structure. d Primary facade standards The following design features are in addition to the list of requirement options to meet Section 5.05.08 C.2. Primary facade standards: i Walls expanding the design features of the building not less than_7 feet high creating a courtyard not less than 12 feet from the building and length of no less than 60% of the length of the associated facade The courtyard may be gated and able to be secured from exterior public access Grilled openings are allowed if courtyard is landscaped Opening depths or wall termmatlons must be a minimum of 12 inches deep If the courtyard contains service or utility equipment the height and design must prevent view from the exterior. Courtyard walls are not to be considered fences. Page 75 of 156 ii. Trellis or latticework used as a support for climbing plants may count as window area equal to the plant coverage area. 10. Roof treatments. a. Purpose and intent. Variations in rooflines are used to add interest and reduce massing of large buildings Roof height and features must be in scale with the building's mass and shall complement the character of surrounding buildings and neighborhoods Roofing materials must be constructed of durable high-quality material in order to enhance the appearance and attractiveness of the community. The following standards identify appropriate roof treatments and features. b Roof edge and parapet treatment. i For buildings larger then 5,000 square feet in gross building area a minimum of two roof -edge or parapet line changes are required. Each vertical change from the dominant roof condition must be a minimum of ten percent of building height but no less than three feet At least one such change must be located on a primary Bade One additional roof change must be provided for every 100 linear feet of the facade length. ii. Roofs other than mansard roofs with the slope ratio of 3:12 or higher are exempt from the above requirements for vertical change for the facades that are less than 200 feet. One roof edge or parapet line change must be provided for every 200 linear feet of the facade length. c Roof Design standards Roofs must meet the following requirements: i When parapets are used the average height of such parapets must not exceed 15 percent of the height of the supporting wall, with exception of the parapets used to screen mechanical equipment Parapets used to screen mechanical equipment must be no less than the maximum height of the equipment The height of parapets shall not at any point exceed one-third the height of the supporting wall. ii. When a flat roof is screened with a parapet wall or mansard roof at any facade a parapet or mansard roof treatment must extend along the remaining facades. iii. When sloped roofs are used the massing and height must be in proportion with the height of its supporting walls. Sloped roofs must meet the following requirements: a) Sloped roofs that are higher than its supporting walls must feature elements that create articulation and reduce the massing of the roof. This includes: clearstory windows, cupolas dormers vertical chances, or additional complementary colors to the color of the roof. b) The color(s) of a sloped roof must complement the color(s) of the facades. d Prohibited roof types and materials The following roof types and roof materials are prohibited: L Asphalt shinales except laminated 320 -pound 30 -year architectural arade asphalt shingles or better. ii. Mansard roofs and canopies unless they meet the following standards: aa) Minimum vertical distance of 8 feet is required for buildings larger than 20,000 square feet, Page 76 of 156 b) Minimum vertical distance of 6 feet is required for buildings of tip to 20,000 square feet of gross floor area and c The roof angle shall not be less than 25 degrees, and not greater than 70 degrees. iii. Awnings used as a mansard or canopy roofs. 11 Awning standards. These standards apply to those awnings associated with and attached to a building or structure. a Mansard awnings which are those awnings that span 90 percent, or more of a facade length and those which do not provide a connection between facades must adhere to all roof standards of Section 5.05.08. C. 10. of this Code. b. All other awnings, which are awnings that constitute less than 90 percent of a facade length and those that do not. provide a connection between facades must adhere to the following standards. i The portion of the awning with graphics may be backlit, provided the illuminated portion of the awning with graphics does not exceed size limitations and the other sign standards of Sections 5.06.00, 9 03 00 9.04. 00 and 10 02 06 Suns of this Code. ii. The location of awnin s must relate to the window, and door openings. c Automobile sales parking lot awnings Shade awnings may be erected in automobile sales parking lots subject to the following requirements and standards: Shade awning structures must not be constructed within 75 feet of any public or private street. ii. Sin le shade awnin structures must not exceed an area sufficient to provide cover to 20 automobiles or 3,240 square feet whichever is greater. iii. The minimum separation between shade awning structures must be 100 feet. iv. Multi colored shade awnings and the use of black or araC, florescent primary and/or secondary colors are prohibited. Earth tone colors are encouraged. 12 Entryway/customer entrance treatment. a Purpose and intent Entrvwav design elements are intended to give protection fromthe sun and adverse weather conditions. These elements must be integrated into a comprehensive design style for the project. b Single tenant buildings and developments Single -tenant buildings shall have clearly defined highly visible customer entrances. The customer entrance shall meet the following standards. L An outdoor patio area must be provided adjacent to the customer entrance with a minimum of 200 square feet in area. The patio area must incorporate the following: a) Benches or other seating components. b) Decorative landscape planters or wing walls which incorporate landscaped areas, and Page 77 of 156 c) Structural or vegetative shading. ii. Front entry must be set back from a drive or a parkinq area by a minimum distance of 15 feet. c Multiple tenant buildings and developments Multiple -tenant buildinQs and developments must meet the following standards. i Anchor tenants must provide clearly defined highly visible customer entrances. ii. Shaded outdoor community space must be provided at a minimum ratio of one percent of the total gross floor area of all on-site buildings The community space shall be located off, or adjacent to the main circulation path of the complex and must incorporate benches or other seating components, and iii. Front entries shall be setback from a drive or a parking area by a minimum of 15 feet. 13. Materials and colors. a. Purpose and intent. Exterior building colors and materials contribute significantly to the visual impact of buildings on the community. The colors and materials must be well designed and integrated into a comprehensive design style for the project. b Exterior building colors The use of solid black pray, florescent, primary or secondary colored materials or finish paint is limited to no more than ten percent of a facade or the total roof area, except that naturally occurring materials are permissible such as marble, granite, and slate and the following man-made materials: silver unpainted metal roofs. c Exterior building materials The following building finish materials are limited to no more than 33 percent of the facade area: i Corrugated or reflective metal oanels, and ii. Smooth concrete block. d Neon tubing The use of neon or neon type tubing is prohibited on the exterior and the roof of a building. D Design Standards for specific building uses. 1 Standardized design buildings must meet the provisions of this code. 2 Self -storage buildings. Self storage buildings are subject to all of the avolicable provisions of this section with the following exceptions and additions: a Overhead doors Overhead doors cannot be located on the primary facade of self -storage buildings. b Screen wells When a wall is proposed to screen the facility, it must be constructed of material similar and complementary to the primary building material and architecture Long expanse of wall surface shall be broken into sections no lonoer than 50 feet and designed to avoid monotony by use of architectural elements such as pillars. c Window standards Windows must not be false or applied. If the window openings are into the storage area translucent material must be used. Page 78 of 156 d Smgle Sr.,v self storage buildings Section 5.05 08 C.2. Primary fade standards can be replaced with the following two options i Option 1. a A minimum of 20 ercent of the rima facade area must be glazed* and b) A covered public entry with a minimum roof area of 80 square feet and no dimension less than ei ht feet or a covered walkway at least six feet wide with a total length measuring no less than 60 percent of the length of the facade. ii. O tion 2. If the ro ect desi n incor orates a screen wall around the perimeter of the self -storage facility the following standards apply: aa) Architecturally treated eight -foot high screen wall_is required to screen the facility, b The roof sloe for the buildings is a minimum of 4:12 ratio for double slopes and 3,12 ratio for single slope and c) A landscape buffer at least 7 feet wide is required on each side of the wall. iii. In the case that none of the above options are met then Section 5.05.08 C.2. Primary facades standards must be met. e. Multi-sto v self-stora a buildin s. The re uirements of Section 5.05.08 C.2. Primary facade standards can bereplaced with the following standards: i Option 1. aa) A minimum of 20 percent of the primary facade area must be glazed; and b) A covered public entry with a minimum roof area of 80 square feet and no dimension less than eight feet, or a covered walkway at least six feet wide with a total length measurmg no less than 60 percent of the length of the facade. c) Requirements of Section 5 05 08 C 8 b Blank wall area apply to all facades, and d) Foundation planting areas must be a minimum 15 percent of the ground level building area. ii Option 2 If project design incorporates a screen wall around the perimeter of the self -storage facility. The following standards apply: a) Architecturally treated eight feet high screen wall is required to screen the around floor of the facility, b) Landscape buffer, minimum 7 feet wide is required on each side of the wall, c) Primary facades above the ground level must include glazier covering at a minimum 20 percent of the facade area, d) Requirements of Section 5 05 08 CAL Blank wall area applies to all facades. and e) Foundation planting areas must be a minimum 15 percent of the around level building area. Page 79 of 156 iii. In the case that none of the above options are met then Section 5 05 08 C.2. Primary facades standards must be met. 3. Mercantile. a. Applicability. All standards listed in Section 5.05.08. are applicable with the following exceptions and additions. b. Large Retail Structures The purpose of this section is to break up the monolithic appearance of large retail structures and present a more human scale of architecture to the public right of way view. Because these buildings house a variety of functions that can accommodate in a variety of spatial types thev must be designed to express these functions in a manner that has the appearance of a group of buildings of varying scale and size. c All areas with the building that can be accommodated within a space with a ceiling height of 16 feet or less must be designed and built within a single story envelope or a multiple of envelopes. These building envelopes must have a maximum eave height of 16 feet and must be expressed as single story elements in the architectural form of the building along the building edge or edges that front the public right of way. These areas must include but are not limited to: i. The management and business office. ii. Check out area. iii. Rest rooms. iv. Customer service area. v. Food service areas. d Windows and entrances When more than two retailers with separate exterior customer entrances are located within the principal building, the following standards apply: i The first floor of the primary facades must utilize transparent windows and doors for no less than 30 percent of the horizontal length of the building facade. ii. Primary building entrances must be clearly defined and connected with a sheltering element such us a roof canopy or arcade. 4. Automobile service stations a Applicability. In addition to the requirements of Section 5.05.05 Automobile service stations all standards are applicable with the following additional requirements: i Canopy columns must be at least 18 inches wide. ii. Under -canopy lights must be fully recessed. iii. Canopies must not be higher than 16 feet clear. 5. Hotel/motel. a Applicability. All standards of Section 5.05.08. are applicable with the following exceptions. b Desion features Section 5 05.08 C.2. Primary facade standards - Design features can be replaced as follows: i The design of the primary facades must include windows and other -glazed openings coverinq at least 20 percent of the primary facade area and one of the following design features: Page 80 of 156 a) Proiected or recessed covered public entry providing a minimum horizontal dimension of eight feet and a minimum area of 100 square feet, or b Covered walkway or arcade (excluding canvas t e constructed with columns at least 12 inches wide that is attached to the building, or located no more than 12 feet from the building The structure must be permanent and its design must relate to the rind al structure. The minimum width shall be eight feet with a total length measuring 60 percent of the length of the associated facade. u For buildings located 200 feet or more from the street right of- wa the Proiected or recessed entry and covered walkway or arcade re uired b the above Sect -ton 5.05.08 D.S.b.i. can be located on any facade. 6 Warehousing/distribution. a Applicability. All standards listed in Section 5.05.08. are applicable except for the following. b. Primary Fa ade Standards. The requirements of Section 5.05.08 C.2. Primary facade standards are replaced with the following standards. Facades frontin on arterial or collector streets must have two or more of the following design features: i Windows at a minimum of ten percent of the facade area. ii. projected or recessed covered public entry providing a minimum of eight feet by eight feet cover. iii. Foundation planting consisting of trees and shrubs. The total length of the planting area must be a minimum of 25 percent of the facade length and be distributed along the facade to reduce the blank wall area The depth of the planting area must be a minimum of ten feet The plant material shall be as required by Section 4.06.05 of this Code. iv. Masonry, concrete or tilt -up construction. v Building height of 40 feet or less and the building street setback of 200 feet or more. c. Variation in Massin . The reciuirements of Section 5.05.08. C.4. Variation in massing applies only to primary facades and to facades facing residential districts. d, B finq design treatments. The requirements of Section 5.05.08 C.5.2. Building design treatments are modified as follows: i Primary facades must include a minimum of two of the buildina design treatments listed under this section. e. Site desi n elements. The re uirements of Section 5.05.08 C.5.d. Site design elements are modified to require at a minimum, one of the four listed site design elements. f Detail Features The requirements of Section 5.05.08 CA Detail features are replaced with the followma standards. i Blank wall areas Blank opaque wall areas must not exceed 15 feet in vertical direction or 50 feet in horizontal direction of any primary facade or any facade facing a residential district. For .� facades connected to a primary facade this must apply to a minimum of 25 percent of the attached facade measured from the connection point Control and expansion ioints within this ---- constitute blank wall area unless used as a decorative pattern and Page 81 of 156 s aced at intervals of ten feet or less. Relief and reveal work ^ depth must be a minimum of 1/2 inch and may be different than the color of the wall. q Roof treatments..The requirements of Section 5.05_.08 C. 10. Roof treatments are replaced with the following standards: i If parapets are used the end of the parapet must wrap corners for a minimum distance of 25 percent of the length of the facade, measured from the corner. ii. The facades facing arterial or collector road and facades facing residential district must have variations from the dominant roof condition The roof edae and parapets must have a minimum of one vertical change for every 150 lineal feet of the facade length. The vertical change must be a minimum of ten percent of the building height but no less than three feet. iii. All rooftop -mounted equipment including air conditioning units vents etc must be shielded from view with parapets, louver screens or similar equipment screens. h Materials and Colors The requirements of Section 5.05.08 C. 13. Materials and colors are applicable with exception of Subsection 5 05 08 C 13.c. Exterior building materials, which is replaced with the following standards: i Primary facades The use of ribbed corrugated, and reflective metal panels is limited to a maximum of 33 percent of the facade area. ii. Facades attached to a primary facade. The use of ribbed, corrugated and reflective metal panels is limited to no more then 33 percent of the wall area for the 25 percent of the overall wall length of the facades attached to a primary facade, measured from the corners. i Special Height Requirements. All buildings over 30 feet in height, measured from the first finished floor to the roof eave, that are located within 300 feet from the arterial or collector street right-of- way, must comply with Section 5.05.08 C.4. Variation in Massing, and Section 5 05 08 C.8. Detail features are applicable to all building facades. 7. Industrial/factory buildings. a Applicability. All standards listed in Section 5.05.08. are applicable with the following exceptions. b. Building Facades. i Primary Facade Standards. The requirements of Section 5.05.08 C.2, Primary facade standards are replaced with the following standards Facades fronting on arterial or collector streets must have two or more of the following design features: a) Windows at a minimum of 25 percent of the facade area. b) Projected or recessed covered public entry providing a minimum of eight feet by eight feet cover, and a minimum of 15 percent of the wall area devoted to windows. c) The total length of the planting area must be at least 33 percent of the facade length and be distributed along the ^` facade to reduce the blank wall area. The depth of the planting area must be a minimum of ten feet. The plant material must be as required by Section 4.06.05. Page 82 of 156 d Mason concrete or tilt -u I construction and 15_2ercent of the wall area allocated to windows. e Buildin hei ht of 40 feet or less with a building street setback of 200 feet or more. ii. Variation in Massing. The re uirements of Section 5.05.08 CA Variation in massing applies only to the rima facades and to facades facing residential districts. iii Project Standards. a) The requirements of Section 5 05 08 C.5.c. Building design treatments are modfied to require industrialffactory bulldings to provide at the primary facades onl a minimum of two of the 17 building design treatments listed under this section. b) The requirements of Section 5 05 08 C.5.d. Site design elements are modified to require at least one of the four listed site design elements. c. Detail Features. The re uirements of Section 5.05.08 C.B. Detail features are replaced with the following standards: i. Blank opaque wall areas must not exceed 15 feet in vertical direction or 50 feet in horizontal direction of any primary facade and any facade facing a residential district. ii. For facades connected to a Primary facade the blank wall standards applies to a minimumof 25 percent of the attached facade, measured from the connection Point. iii Control and expansion joints within the facade area constitute blank wall area unless used as a decorative pattern and must be s aced at intervals of ten feet or less. Relief and reveal work depth must be a minimum of 112 inch and may be different than the color of the wall. d. Roof treatments. The re uirements of Section 5.05.08 C. 10. Roof treatments are replaced with the following standards: i If parapets are used the end of the parapet must wrap corners for a minimum distance of 25 percent of the length of the facade measured from the corner. ii. Facades facing arterial or collector roads and facades facing residential districts must have vertical changes from the dominant roof condition The roof edge and parapets must have a minimum of one vertical change for every150 lineal feet of the facade length The vertical change shall be a minimum of ten percent of the building height but no less than three feet. iii, All rooftop mounted equipment including air conditioning units, vents etc must be shielded from view with parapets, louver screens or similar equipment screens. e. Materials and Colors. The requirements of Section 5.05.08 C. 13. Materials and colors are applicable with exception of Subsection 5 05 08 C 13.c. Exterior building materials which is realaced with the following standard: i Primary facades The use of ribbed corrugated, and reflective metal panels is limited to a maximum of 33 percent of the facade area. fi Facades attached to a primary facade For 25 percent of the overall wall length of facades attached to a primary facade, measured from the corners the use of ribbed corrugated, and Page 83 of 156 reflective metal panels is limited to no more then 33 percent of the wall area. f Special Height Requirements All buildings over 30 feet in height measured from the first finished floor to the roof eave that are located within 300 feet from the arterial or collector street right-of-way must meet the Section 5 05 08 CA Variation in Massing and Section 5 05 08 CA Detail features are applicable to all building facades. 8 Parking structures All standards listed in Section 5.05.08 are applicable unless otherwise specified below. a Primary facades The requirements of Section 5.05.08 C.2.Primary facade standards are replaced with the following standards: i All exposed facades of any parking structure above the second floor are considered primary facades. ii. A minimum of 60 percent of the area of any primary facade of a oarkina structure or covered parking facility must incorporate at least two of the following: a) Transparent windows with clear or liahtiv tinted Glass, where pedestrian oriented businesses are located along the facade of the parking structure, b) Display windows, c) Decorative grill work or similar detailing which provides texture and screens the parking structure openings d) Art or architectural treatment such as sculpture, mosaic, glass block opaque art glass relief work or similar features, or e) Vertical trellis or plant material screening the openings. b Building foundation planting The perimeter of a parking structure at grade must meet the building foundation planting requirements of Section 4.06.05. of this Code. c Massing standards The requirements of Section 5.05.08 CA Variation in massing are applicable with the following exception: L If the ramps and inclines are on an exposed facade and they exceed the maximum length or uninterrupted curve a prosection or recess must occur at the start and end but not required at the ramp/incline. d Wall Plan Changes The reauirements of Section 5.05.08 CA& are applicable with the followina exception: i If the ramps and inclines are on an exposed facade and they exceed the maximum horizontal length a wall plane prosection or recess must occur at the start and end but not required at the ramp/incline. Detail features The facade area within 42 inches above each floor/deck _shall not be open more than 50 percent, except at openings for vehicle or pedestrian access. 9 Outside play structures. a Maximum coverage Outside play structures must not cover more than 50 percent of the facade area. b Location No portion of any play structure, located between the front buildina line and any adjacent richt-of-way, may exceed a height of 12 feet as measured from existing around elevation. In all other cases, Page 84 of 156 no portion of any pIa structure may exceed a maximum height of 16 feet as measured from existing ground elevation. c. Colors. Play structures must be limited to earth tone colors with a maximum of three colors. E. Site Design Standards. Compliance with the standards set forth in this section must be demonstrated by submittal of architectural drawings and a site development plan in accordance with Section 10.02.03 Site Development Plans of this Code. 1 Off street parking design As provided for in Section 4.05.00 and subject to the following provisions: a Purpose and intent Commercial buildings and projects, including their outparcels shall be designed to provide safe convenient and efficient access for pedestrians and vehicles Parking shall be designed in a consistent and coordinated manner for the entire site. The parking area shall be integrated and designed so as to enhance the visual appearance of the community. b Design standards Parking utilizing the same degree of angle, shall be developed throughout the site to provide efficient and safe traffic and pedestrian circulation A single bay of parking provided along the perimeter of the site may vary in design in order to maximize the number of spaces provided on-site The mixture of one-way and two- way parking aisles or different degrees of angled parking within an parkinci area is prohibited, except as noted above or where individual parking areas are physically separated from one another by a continuous landscape buffer, a minimum five feet in width with limited access Landscape buffers for these locations shall use landscape material other than grass for separation of parking areas. i Maximum parking: Parking in excess by 20 percent of the minimum parking requirements shall provide additional landscaping as described in section 4.05.04 of this Code. ii. Parking for projects Proiects shall be designed to adhere to the following standards: al Interior lots No more than 50 percent of the off-street parking for the entire commercial building or prosect shall be located between any primary facade of the commercial building or proiect and the abutting street or navigable waterway. 1 Corner lots No more than 80 percent of the off-street parking for the entire commercial building or prosect shall be located between any primary facade of the commercial budding or project and the abutting street or navigable waterway area, with no single side to contain more than 65 percent of the required parking. 2 Pedestrian pathways. a Purpose and intent To provide safe opportunities for alternative modes of transportation by connecting with existing and future pedestrian and bicycle pathways within the county and to provide safe passage from the public right-of-way to the building or prosect which includes the area between the parking areas and the building perimeter walk, and between alternative modes of transportation. The on-site Pedestrian system must provide adequate directness continuity, street and drive aisle crossings visible interest and security as defined by the standards in this Section. b Pedestrian access standards Pathways and crosswalks must be provided as to separate pedestrian traffic from vehicular traffic whsle traveling from the parking space to building entries and from building Page 85 of 156 entries to outparcels and pathways along adjacent roadways• Pedestrians will only share pavement with vehicular traffic In marked crosswalks. c Minimum ratios Pedestrian pathway connections must be provided from the building to adiacent road pathways at a ratio of one for each vehicular entrance to a project Drive aisles leading to main entrances must have at least a walkway on one side of the drive isle. d Minimum dimensions Pedestrian pathways must be a minimum of six feet wide. e Materials Pedestrian pathways must be consistent with the provisions of Section 4.5. of the Americans with Disabilities Act (ADA), Accessibility Guidelines Materials may include specialty pavers, concrete colored concrete or stamped pattern concrete. f Building perimeter path A minimum 6 -feet wide building perimeter path is required as specified below: i A continuous building perimeter path interconnecting all entrances and exits of a building is required Emergency "exits -only are excluded. ii. If parking area is proposed along the building facade within 15 feet from a building wall a building perimeter path must be provided along the full length of the row of parkina spaces facing the building. p Pedestrian crosswalks Standard crosswalks must be installed at stop - controlled crossings Uncontrolled crossings must be high visibility longitudinal lines as shown in the Florida Department of �. Transportation Roadway and Traffic Design Standards. h. Shade and site amenities. i Pedestrian Pathways must provide intermittent shaded areas when the walkway exceeds 50 linear feet in length at a minimum ratio of one shade canopy tree per every 50 linear feet of walkway. The required shade trees must be located no more than ten feet from edge of the sidewalk. ii. Development plans must include site amenities that enhance safety and convenience and promote walking or bicycling as an alternative means of transportation Site amenities may include bike racks (as required by Section 4 05 08 of this Code) drinking fountains canopies and benches. 3 Service function areas and facilities. Service function areas include, but are not limited to: loading areas and docks outdoor storage, vehicle storage excluding car display areas trash collection areas, trash compaction and recycling areas roof top equipment utility meters, antennas mechanical and any other outdoor equipment and bwldmq services supporting the main use or operation of the property. a Purpose and intent To diminish the visual and acoustic impacts of service functions that may detract from or have a negative impact on, the surrounding properties and the overall community image. b Buffering and screening standards Service function areas must be located and screened so that the visual and acoustic impacts of these functions are fully contained and screened from adjacent properties, including public and private streets. c Screening material and design standards. Screenina materials, colors and design must be consistent with design treatment of the primary facades of the building or proiect and the landscape plan. Page 86 of 156 d. Trash enclosures. For the location size and desi n standards for trash enclosures see section 5 03.04 Dumpsters. e. Loadin r areas and docks. Vehicle loading areas must be screened from streets and adlacent residential districts. Screening must consist of wing walls shrubs trees berms or combination thereof. f. Conduits meters and vents and other equipment attached to the building or protruding from the roof must be screened or painted to match surrounding bullaincl surfaces. Conduits and meters cannot be located on the primary facade of the building. All roofto mechanical eq uiZMtaLg[q![qqipq from the roof must be screened from public view by integrating it into a building and roof design. h Outdoor vending machines must be located so that they are not visible from adjacent properties and streets_ 4 Fencing standards For restrictions on fence material fence height, and desi n see Section 5.03.02. Fences and Walls. 5 Drive-through facilities standards. Drive-through facilities location and buffering standards. Drive- through facilities must be secondary in emphasis and priority go any other access and circulation functions. Such facilities must be located at side or rear locations that do not interrupt direct pedestrian access and avoid potentialpedestrian/vehicle conflict. If site constraints limit the location of the drive through facility to the area between the right-of-way and associated building the vegetation required by a Type "B" landscape buffer must be installed within the buffer width required for the project and maintained along the entire length of the drive through lane and adlacent right-of-way_ In addition to the vegetative buffer referenced above a permanent, covered, orte cochere or similar structure (canvas awning and canopies are excluded) must be installed extendmg the width of the dnve-through With the roof covering the service window(s). Such structure shall be an integral part of the design of the building. b. Required floor area One drive-through facility is permitted per tenant. Buildings must be a minimum of 1 000 square feet. For multi -tenant buildings an additional drive-through is allowed for each tenant with a minimum of 5,000 square feet of gross floor area. Drive -throes facilities may have multiple drive lanes. 6. Lighting. a Purpose and intent All building sites and projects. including outparcels shall be designed to provide safe,_ convenientand efficient lighting for pedestrians and vehicles. Lighting must be designed in a consistent and coordinated manner for the entire site. The Ii Min and lighting fixtures must be integrated and designed so as to enhance the visual impact of the prosect on the community and blend with the landscape. b Shielding standards Lighting must be designed so as to prevent direct tare li ht s ilia a and hazardous interference with automotive and pedestrian traffic on adjoining streets and all adjacent properties. Light sources must be concealed or shielded. c Height standards Lighting fixtures within the parking lot must be a maximum of 25 feet in height and 15 feet in height for the non- vehicular pedestrian areas. d Design standards Lighting must be used to provide safety while accenting key architectural elements and to emphasize landscape Page 87 of 156 features Light fixtures must complement the design of the prosect. This can be accomplished through style material or color. e illumination Background spaces such as parking lots, shall be illuminated as unobtrusively as possible to meet the functional needs of safe circulation and of protecting people and property. Foreground spaces including building entrances and plaza seating areas, must utilize local lighting that defines the space without glare. 7 Water management areas For design standards for water management areas including location and the required amenities, see Section 4.06.02 D. of this Code. F Deviations and Alternate Compliance The following alternative compliance process is established to allow deviations from the requirements_ of this Section as approved by the County Manager or his designee. 7 Review and approval procedure Upon request by the applicant, the County Manager or his designee may administratively approve a Site and Development Plan application that includes an alternative architectural design and site development plan that may be substituted in whole or in part for a plan meeting the standards of Section 5.05.08. Approved deviations are allowed only as to the specific design and plan reviewed. Any modification to an approved design shall necessitate re -review and approval by the County Manager or his designee. 2 Review criteria In approving an alternative plan the County Manager or his designee must find that the proposed alternative plan accomplishes the purpose and intent of this Section in the same_ manner as the provisions would If the plan is approved through this provision the Site Development Plan approval letter shall specifically note the deviations and the basis for their approval. 3 Submittal requirements In addition to the base submittal requirements, applicants must provide the following: a Architectural design plan and/or site development plan clearly labeled as an "Alternative Architectural Design Standards Plan". This Plan must identify the section numbers from this Section from which the deviation is being requested. b A narrative statement that specifically identifies all standards of Section 5 05 08 from which the deviations are reouested, and the justification for the request This statement must include a description of how the alternative Plan accomplishes the purpose and intent of this Section without specifically complying with those standards identified. 4. Applicability. a The following types of buildings and uses qualify for an administrative determination of deviations from Section 5.05.08. development standards: i. Assembly. ii. Educational, iii. Institutional, iv. Mixed use buildings (such as commercial/residential/office), and v Any other non-commercial building or use that is not listed under Section 5 05 08 D Design standards for specific building types of this Section and due to its function has specific requirements making meeting Section 5.05.08. standards unfeasible. Page 88 of 156 vi B i in s located on property with a commercial zoning desi nation when submitted for Site Develo ment Plan review on or after November 10 2004 except for the following: a Buildings located on outparcels freestanding (non-attached multi le or individua{ buildings located on ro ertwnn a PUD zoning desi nation or multi le buildings develo ed under a unified common development plan (such as a shopping center). b) Buildings with a gross building area of 10,000 square feet or more on the ground floor. c Multi-sto buildin s with a total ciross building area of 20,000 square feet or more. dl Prosect sites with more than one building where the aggreqate gross buildingarea is20 000 scluare feet or more. Individual buildings within a proiect site that have been previous) ranted deviations where additional develo ment causes an aggregation of building area 20.000 square feet or greater, must bring existing buildings up to the requirements of 5.05.08. b The deviation process is also applicable to the specific reau{rements listed under the following sections: i Section 5.05-08 8 3 Renovations and redevelopment. ii. Section 5.05.08 6.4. Abandonment or discontinuance of use. iii Sections 5.05- 5. 05 5 Appeal and Assistance procedure. a. The Count Mana er or his desi nee ma reguest the assistance of the Architectural Arbitration Board in renderin a decision. The a licant may appeal the decision of the County Manager or his designee to the same Board by making a written request to the County's Architect. i The Architectural Arbitration Board shall consist of 5 voting members comprised of the fogoowin. two representatives from the Collier County Zoning staff two representatives appointed by the American Institute of Architects (Southwest Florida Chapter) and one member appointed by the American Society of Landscape Architects (Southwest Florida Chapter). b The Architectural Arbitration Board shall take one of the following actions by majority vote: L Approve as pro o� sed: ii. Approve as proposed with conditions: iii. Deny as proposed: or iv. Continue the review to another meeting for further deliberation. Within 5 wor in a followingthe Architectural Arbitration Board meeting the County Manager or his designee shall approve or deny the project's deviation from the architectural design standards of Section 5.05.08 as recommended b the Architectural Arbitration Board. d Should the applicant or staff request a decision by convening an Architectural Arbitration meetin then the review of the Site Development Plan will be placed on hold upon receipt of the written Page 89 of 156 request by the County's Architect Should the County Manager or his ^ designee request the assistance of the Architectural Arbitration Board then review of the Site Development Plan will be placed on hold at staff discretion Once a final decision by the Board is reached review of the Site Plan shall resume. G. Exceptions, 1 Exceptions to the provisions of this code may be -granted by the Board of County Commissioners in the form of a PUD zoning district where it can be demonstrated that such exceptions are necessary to allow for innovative design while varying from one or more of the provisions of this Section nonetheless are deemed to meet the overall purpose and intent set forth herein In the case of individual projects subject to Section 5 05 08 standards where site specific factors may impact the abilitv to meet these standards variance from one or more of the provisions of this Section may be requested pursuant to the procedures set forth in Section 9.04.00 Variances of this code. SUBSECTION 3.U. AMENDMENTS TO SECTION 5.06.00 SIGNS Section 5.06.00 Signs, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.06.00 SIGNS 5.06.01 Generally B. Signage Table The following table is intended to provide a graphic representation of the various permitted residential and commercial signs but may not encompass all of the requirements for those signs For the specific regulations please see the appropriate subsections throughout this section of the code. Page 90 of 156 Z m c W C 0 c c �w?a? 000 c E E 0 m a? w a? o 2 u v ° = 0 N m 0 v�0, 2 2 (D (9 i— 2 2 www 2 ¢� Q� Q� aI al ¢I al al al C al 0 ail O O o 0 Z Z Z Z Z Z Z Z Z O Q) > O O p D C O v E N m m � J Q � Y U I I 0 0 0 O O O 2I � � OI O N Q) tY t yz _ o c01 �I �I �I �1 �I �I NI a> >- IL `� z°I Z°I }� ZI z°I (L) I m > � Q) aa) ? fi r 0 ZI z°I ) A ZI A Z°I > ql , �I a`~il N "CoI �I roil �I CI "MI 11 Ll 0I 0I � 0 m � w �al a� 3 � N a aA U cp o N —I N U U U Q Z 0 N N AN N N O C @ SD M U O U O a Q U O QI CO C (0 r C C _ O N (n (d O O O (a O �I Z1 O N t@.. N c0 ca O CO O U O0 (n N N to U) U O U O J u' N Q? N X ul X N U N " d N pXj v= 0 O r N m c W C 0 c c �w?a? 000 c E in m a? w a? o 2 u v ° = 0 N m 0 v�0, 2 2 (D (9 i— 2 2 www 2 ¢� Q� Q� aI al ¢I al al al C al a� aI Z zi O O O o 0 Z Z Z Z Z Z Z Z Z O Z Z Z Z Z Z O O p D C O N m m � J Y U I I 0 0 0 O O O 2I � � OI O N t _ col coI�I c01 �I �I �I �1 �I �I NI X (0 ql , �I a`~il N "CoI �I roil �I CI "MI 11 Ll 0I 0I w �al a� 3 � o E_ —I —I —I —1-1NI —I Q Z 0 r-1 —1 c x _ Ln 'A 44 O r -I N tP a m c W C 0 c c �w?a? 000 c E in a? w a? o 2 u v ° = 0 N m 0 v�0, 2 2 (D (9 i— 2 2 www 2 E o www •- N w 1 in �' 0 0 c_ m w m o cq ° a c o 0 0 ma) o m ��� 0 L) U tr tY U U O Ln 'A 44 O r -I N tP a i i i i >i >i i i }>>y}>A 1 0 V)co LO O O U) N m N yCy a r - (a m (xa M c`no m m m co E: E coo E O E m a) E E a) D O r N r= W r r �•-• O cc NO a) a) C� C tp 0 0 f0 0 co .•. O (0 W w w Ol p fC14ro N 6 0) eno QOi L 00 LO -0•9 Ln O r 0 O V S O 10 0 � Q N O N o 0 o CO o 0 O O N N N N O N N E O LL fA QI QI QI f/1 QI QI to 0=10-1 Z Z Z oZ ZCC N z� Z� z� zi Z� �I aol cDI N ZI ZI 001 ZI ZI aol 0 �� N� N� �I C01,01 NI NI NI NI NI —I NI NI —I C — 7 to `O O o m cc O is O 3:I 3:I �I N v (n to v a) mcoo O0 incn 0 0 Q Q 5.06.02 5:46-04 Permitted Signs A. Signs within residential zoned districts and as applicable to residential designated portions of PUD zoned properties. 3. Model home signs. One on -premises sign for model homes, approved in conjunction with a temporary use permit in any zoning district not to exceed 8 feet in heightand 32 square feet in size. Model home sign copy shall be limited to the model name, builder's name, name and address, phone number, price, logo, and model home. Model home signs shall not be illuminated in any manner. (No building permit required.) 4. Construction signs. All supports for such signs shall be securely built, constructed, and erected and shall be located on the site under construction, subject to the following: e Advertising of any kind is not permitted on construction signs. « * * * * * * 6. On -premises signs within residential districts. Two ground signs with a maximum height of eight feet or wall residential entrance or gate signs may be located at each entrance to a multi -family, single-family, mobile home or recreational vehicle park subject to the following requirements: a. Such signs shall contain only the name of the subdivision, the insignia or motto of the development and shall not contain promotional or sales material. Said signs shall maintain a ten -foot setback from any property line unless placed on a fence or wall subject to the restriction set forth in section 5.03.02. Furthermore, bridge signs located on private bridges directly leading to private communities shall not be considered off -premise signs. Bridge signs complying with the requirements of section 5 96 04 5.06.02 may be substituted for ground or wall signs in residential districts. * B. Signs within non-residential districts: 1. Design criteria and unified sign plan. Where multiple on -premise signs are proposed for a single site or project, or in the case of a shopping center or multi -use building, a unified sign plan shall be employed. An application for site development or site improvement plan approval shall be accompanied by a graphic and narrative representation of the unified sign plan to be utilized on the site. The unified sign plan must be applied for by the property owner, or his or her authorized agent. The unified sign plan may be amended and resubmitted for approval to reflect style changes or changing tenant needs. Design elements which shall be addressed in both graphic and narrative form include: a. Colors; b. Construction materials and method; C. Architectural design; d. Illumination method; e. Copy style; Page 93 of 156 f. Sign type(s) and location(s); and, conformance with the following: i i. The ground or pole sign shall not be in the shape of a logo and the logo shall not protrude from the sign. ii. The use of fluorescent colors is prohibited. In addition ie aRy wall signs pWfflitted by this Gede, Wall 6lQR faGiRg the shopping C.OAt8F if the additieRal sign is ani 5.06.03 5.06:95 Development Standards for Signs A. Development standards. Page 94 of 156 by sPPIIG�-� tae shewn-eAIthe IRR 1. The maximum size limitation shall apply to each structure. Pole or ground signs may be placed back to back or in V -type construction with not more than one display on each facing for a maximum of two display areas for each V -type sign, and such sign structure shall be considered as one sign. 2. Spot or floodlights shall be permitted only where such spot or floodlight is non -revolving and said light shines only on the owner's premises or signs and away from any right-of-way. 3. Official Address Numbers and/ or the range of Official Address Numbers shall be posted within the upper third portion of the sign face or in the area defined in this section of the Land Development Code of Commercial and residential signage that utilizes the following sign types_ pole sign ground sign and directory signs Address numbers on signs shall be a minimum height of eight (8) inches. 5.06.04 6 Sign Standards for Specific Situations C. On -premise signs. On -premise pole signs, ground signs, projecting signs, wall signs, and mansard signs shall be allowed in all nonresidentially zoned districts subject to the restrictions below: 1. pole or ground signs. Single -occupancy parcels, shopping centers, office complexes, business parks, or industrial parks having frontage of 150 feet or more on a public street, or combined public street frontage of 220 linear feet or more for corner lots, shall be permitted one pole or ground sign. Additional pole or ground signs may be permitted provided that there is a minimum of a 1,000 -foot separation between such signs, and all setback requirements are met. In no case shall the number of pole or ground signs exceed two per street frontage. lo-addit OR, FR AiPle- wittbe perrnttted a Maximum allowable height All pole or ground signs within nonresidential zoned distincts, and as a licable to nonresidential designated portions of PUD zoned piope, ties are limited to a maximum hei ht of 15 feet when located along an arterial or collector roadway and 12 feet for all other roads except as provided in this Code for pole or round. Height shall be measured from the lowest centerline arade of the nearest Public or private R.O.W. or easement to the uppermost portion of the sign structure. b Minimum setback All pole or ground signs within nonresidential zoned districts and as applicable to nonresidential designated portions of PUD zoned properties shall not be located closer than ten feet from the property line. c Maximum allowable sign area 80 square feet for pole or ground signs located along an arterial or collector roadway and 60 square feet for all other roads. Page 95 of 156 d The location of all permanent pole ground signs shall be shown on the landscape plans as required by section 4.06.05. e Pole signs shall provide a pole cover no less than 50 percent of the width of the sign with architectural design features including colors and/or materials common to those used in the design of the building the sign is accessory to A minimum 100 square foot planting area shall be provided around the base of any ground or pole sign, consistent with the provisions of this section of this Code, development of landscaping shall be approved by the County consistent with Section 4.06.03 A. of the LDC. a: f. Ground signs for smaller lots. Single -occupancy parcels, shopping centers, office complexes, business parks, and industrial parks may be issued a sign permit for one ground sign provided that the following minimum requirements are met, as applicable: b- 9. The minimum setback requirement may be administratively reduced by a maximum of ten feet by the County Manager or his designee upon submission of the administrative variance fee and a written request. However in no case shall the required setback be reduced to less than five feet. The County Manager or his designee's decision to reduce the required setback shall be based on the following: 2 Outparcels In addition to the above requirements signs for outparcels regardless of the size of the outparcel shall be limited to the following: a In addition to any wall signs permitted by this Code, outparcels may by allowed one additional sixty square foot wall sign facing the shopping center if the additional sign is not oriented towards any public right-of-way. In no case shall the number of wall signs for an outparcel exceed two signs; and. b A single ground sign for outparcels having a frontage of 150 feet or more not to exceed 60 square feet. Ground sions shall be limited to eight feet in height. 3 Directory Signs Multiple -occupancy parcels such as shotiping centers office complexes business parks or industrial parks contammq 25,000 square feet or more of gross leasable floor area, and eight or more independent businesses will be permitted one directory sign for a single entrance on each public street When a directory sign is proposed then pole or around sians shall be limited to the name and logo of the complex and shall not contain name of any tenant The directory slan shall contain a minimum of four and a maximum of eight tenant names. The name of businesses located on outparcels shall not appear of directory sians. a The maximum height for directory sians is limited to 20 feet. Height shall be measured from the lowest centerline arade of the nearest public or private R.O.W. or easement to the uppermost portion of the sion structure. b Directory slans shall not be closer than 15 feet from the property line unless otherwise noted below or as provided for in section 1.04.04 C. c. Maximum allowable sign area: 150 square feet for Directory signs. d A minimum 100 square foot planting area shall be provided around Page 96 of 156 the base of any Directory SIGN consistent with the provisions of this section of this Code development of landscaping shall be approved by the County consistent with Section 4.06.03 A. of the LDC. e_ The location of all permanent directory signs shall be shown on the landscape plans as required by section 4.06.05. 4. Wall, mansard, canopy or awning signs. One wall, mansard, canopy or awning sign shall be permitted for each single -occupancy parcel, or for each establishment in a multiple -occupancy parcel. End units within shopping centers, multiple -occupancy Parcels, or single occupancy parcels where there is double frontage on a public right-of-way, shall be allowed two signs, but such signs shall not be placed on one wall. Retail businesses with a floor area of larger than 25,000 square feet and a front wall length of more than 200 linear feet, are allowed three wall signs; however, the combined area of those signs shall not exceed the maximum allowable display area for signs by this Code. a. The maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visual facade of the building to which the sign will be attached and shall not, in any case, exceed 150 square feet for buildings or units up to 24,999 square feet, 200 square feet for buildings or units between 25,000 and 59,999 square feet and 250 square feet for buildings over 60,000 square feet in area. b No wall sign shall exceed 80 percent of the width of the unit(s) or the building occupied by a business with a minimum of ten percent clear area on each outer edge of the unit(s) or the building: and C. All wall signs for multi -use buildings shall be located at a consistent location on the building facade except that anchor tenants may vary from this locational requirement in scale with the anchor's tenant's larger primary facade dimensions. All signs shall adhere to the dimensions provided for in the unified sign plan. 5 Menu Boards: One menu board with a maximum height of 6_ft and 64 square feet of copy area per drive thru lane. 3: 6. Projecting signs. Projecting signs may be substituted for wall or mansard signs provided that the display area of the projecting sign shall not exceed 60 square feet of display area. 4. 7. Under -canopy signs. In addition to any other sign allowed by this Code, one under -canopy sign shall be allowed for each establishment in a shopping center. This sign shall not exceed six square feet in area and shall be a minimum of eight feet above finished grade. Under canopy signs do not require a building permit unless the sign is equipped with an electrical component. B. Signage for automobile service stations. The following are the only signs allowed in automobile service stations and convenience stores with gas pumps. a. Window signs: As allowed in seetieR-g.QB:93 this section of this the Code. b. An illuminated corporate logo with a maximum area of 12 square feet shall be allowed on a canopy face which is adjacent to a dedicated street or highway. Otherwise, accent lighting, back lighting and accent striping are prohibited on canopy structures. c Color accent banding on gasoline canopy structures and all other Page 97 of 156 structures is prohibited Canopies shall be of one colorconsistent with the predominant color of the principle structure if applicable. The color of all structures on site shall be soft earth tones or pastels. P-. d. One ground sign shall be permitted for each site and shall be placed within a 200 square foot landscaped area. Height is limited so that the top edge of the sign face is less than eight feet above grade. Maximum permitted area 60 square feet. 47 e. Signage, logos, advertising and information are prohibited above gas pumps. e. f. Wall signs: As allowed in paFagfaph-2= section 5.06.04 CA. above of this Code. f. g. Signs: As allowed in sest49R 6.06 .03 this section of this the Code. Fr. 9. Signs within planned unit developments (PUDs). Pursuant to the purpose and intent of this division, creative, flexible and uniform comprehensive sign plans providing for size, location, type, and common architectural design standards, are encouraged within all PUD zoning districts, and specifically required for PUDs containing in a commercial component. Sign classes and sizes for planned unit developments should be the same as the standards found within this Code for the zoning district the development most closely resembles, unless such planned unit developments have comprehensive sign standards contained in the PUD document. 7- 10. Flags. Residential properties that have been issued a certificate of occupancy may display up to three non-commercial flags. wee ROA - Where these developments have multiple entrances, any entrance may have up to three flags each, provided: the development is at least ten acres in size, any entrance with flags is providing ingress/egress only off a roadway that is designated a collector or arterial in the traffic element of the growth management plan, and all entrances with flags are at least 300 feet apart. Four additional flags may be displayed within a development provided the flags are not visible to motorists along any frontage roadways. The four internally displayed flags may be increased by up to eight additional flags for maximum total of 12 flags with the amount of the proposed increase to be determined by the County Manager or his designee, provided: all proposed flags would not be visible to motorists along any frontage roadways and the County Manager or his designee determines that the display of the extra flags is essential to the theme and design of the development. d All flagpoles that are permitted must display their permit number at the base of the flagpole in minimum 1/2 inch numerals. g 11. Temporary signs. The erection of any temporary sign shall require permitting as established within section 10.02.06 G. unless otherwise indicated herein. Applicants for temporary sign permits shall pay the minimum fee established for said permit. Temporary signs shall be allowed subject to the restrictions imposed by this section and other relevant parts of this Code. e Holiday decorations Seasonal decorations will be granted a permit for a period of 30 days prior to the holiday they are celebrating and will be removed no later than 15 days after the holiday. & 12. Special purpose signs (on-site). Due to the unique and varied Page 98 of 156 nature of the following uses, additional signs may be required to provide the desired level of service to the public. Special purpose signs shall be permitted as follows: * * * * * * * b. Barber Pole signs. All traditional size (not more than 54 inches in height and not more than 6 inches in diameter) and style barber poles which contain any illuminated moving or rotating part may be permitted as a lawful sign if the following and all other applicable requirements are met: , * * iv. All barber pole signs that illuminate, whether or not they rotate, otherwise comply with sec. 5.06.06 for illuminated signs. 49. 13. Commercial, business park and industrial directional or identification signs. Directional or identification signs no greater than six square feet in size, four feet in height, and located internal to the subdivision or development and with a minimum setback of ten feet, may be allowed subject to the approval of the County Manager or his designee, or his designee. Such sign shall only be used to identify the location or direction of approved uses such as sales centers, information centers, or the individual components of the development. Directional or identification signs maintaining a common architectural theme may be combined into a single sign not to exceed six feet in height and 64 square feet in area. Such signs shall require a building permit. For signage to be located along the Golden Gate Parkway, see sections 2.04.03, 2.03.05 and 2.03.07 and the Golden Gate Master Plan. Logos shall not occupy more than 20 percent of the directional sign area when the said sign is more than six square feet in area. Directional signs are also subject to restrictions of section 5.96.02 5.06.05 of this Code. 44- 14. On -premise signs within agricultural districts in the rural agricultural area designated on the future land use map of the growth management plan. On -premises signs shall be permitted within agriculturally zoned or used property, for agri-commercial uses defined within the Collier County zoning ordinance only, and subject to the following restrictions: « * * « 4-2-. 15. Off -premises directional signs. Off -premises directional signs are permitted subject to review and approval of the design and location of such signs by the County Manager or his designee, or his designee, if the following requirements are met: « « « 4-3-.16. Illuminated signs. All illuminated signs shall have electrical components, connections, and installations that conform to the National Electrical Code, and all other applicable federal, state, and local codes and regulations. Further, lighted signs shall: be shielded in such a manner as to produce no glare, hazard or nuisance to motorists or occupants of adjacent properties; nor be reflective or phosphorescent; have a steady nonfluctuating or nonundulating light source. 5.06.05 5.06,02 Signs Exempt from These Regulations B. On -premises directional signs, not exceeding six square feet in area and four feet in height, intended to facilitate the movement of pedestrians and vehicles within the site upon which such signs are posted. On -premises Page 99 of 156 directional signs shall be limited to two at each vehicle access point and a maximum of four internal to the development. Internal signs are not intended to be readily visible from the road. Directional signs are also subject to restrictions of section 5:56.96 (G)(10) 5.06.04 C.13. of this Code. O. Flags, or insignias of governmental, religious, charitable, fraternal or other nonprofit organizations when displayed on property owned by or leased to said organization. Non-commercial flags that will be flown on a flagpole that does not exceed 15 feet in height above finished grade or extend more than ten feet from any building they are attached to, are allowable if the number of flags displayed does not exceed those described in this section and the flagpoles do not require a certified design or be sealed by a Florida registered engineer as described in this section 5.96.02 5.06.05. P. Advertising and identifying signs located on taxicabs, buses, trailers, trucks, or vehicle bumpers, provided such sign does not violate section 5-06-93 5.06.06 of this Code. W Internal directory signs for institutional or governmental facilities that cannot be seen from abutting right of way. Each sign shall be no higher than 6 feet in height or larger than 64 square feet. 5.06.06 6.06.03 Prohibited Signs It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, any sign not expressly authorized by, or exempted from this Code. The following signs are expressly prohibited: C. Animated or activated signs, except special purpose time and temperature signs and barber pole signs complying with section 6.0606 G-9� 5.06.04 C.12.b. D. Flashing signs or electronic reader boards. E. Rotating signs or displays, except barber pole signs complying with section 5 06 96 G:9 b 5.06.04 C.12.b. P. Any sign which is located adjacent to a county right-of-way within the unincorporated areas of the county which sign was erected, operated or maintained without the permit required by section 10.02.06 having been issued by the County Manager or his designee shall be removed as provided in this section 6.96.93 5.06.06. Such signs shall include but are not limited to structural signs, freestanding signs, [and] signs attached or affixed to structures or other objects. DD. illuminated signs, neon or otherwise, installed inside businesses and intended to be seen from the outside. Signs that comply with the provisions of section 6.06.92 5.06.05 (V) of this Code are exempt from this section. EE Human Directional Signs People in costumes advertising stores or products FF Attachments to signs such as balloons and streamers. GG. Banner Signs HH. Pennants II. Bench Sions Page 100 of 156 JJ Signs that due to brilliance of the light being emitted, it impairs vision of passing motorist. KK. €I✓ All signs expressly prohibited by this section and their supporting structures, shall be removed within 30 days of notification that the sign is prohibited by the , County Manager or his designee, or, within 30 days of the end of the amortization period contained in section 9.03.03 D. or, in the alternative, shall be altered so that they no longer violate this section. Billboards with an original cost of $100.00 or more, and which have been legally permitted, shall be treated as nonconforming signs and removed pursuant to section 9.03.03 D. SUBSECTION 3.V. AMENDMENTS TO SECTION 6.01.01 UTILITIES REQUIRED TO BE INSTALLED UNDERGROUND Section 6.01.01 Utilities Required to be Installed Underground, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 6.01.01 Utilities Required to be Installed Underground All permanent facilities infrastructure or improvements constructed by public utilities, including those installed by franchised utilities, must be installed, i.e., located and constructed underground as set forth below. The utilities included are those providing for or related to: electrical power (including wiring to streetlights), and light, telephone, potable & irriQation/re-use water, sewer, cable television, WiFiRg W StF68flights and gas shall be installed URE18FgFOURd. This section shall apply to all public utilities either proposing or relocating existing, �^ permanent facilities infrastructure or improvements Gables, GGRdUit within subdivisions or developments including all cables conduits, or wires forming part of an electrical distribution system, which includes all iasiudir+g service lines to individual properties and main distribution feeder electrical lines delivering power to local distribution systems, but . be exempted fFeFA this F9q6j6FeFReRt by (he 4eyelepfReAt ----."';G-es d*FeGtGF does not include or apply to wires, conduits or associated apparatus and supporting structures whose exclusive function is for the transmission SBR of electrical energy between generating stations, substations, and the transmission lines of any electric utility provider's systems, eF �.1� the A. Appurtenances such as transformer boxes, pedestal mounted terminal boxes, meter cabinets, service terminals, telephone splice closures, pedestal type telephone terminals or other similar "on the ground" facilities normally used with and as a part of the underground distribution system may be placed above ground but shall be located so as not to constitute a traffic hazard. B. Public utility Easements shall be coordinated with other appropriate public utility providers with verification of the creation or dedication of such easements provided to the County manager or designee before final subdivision plat and improvement plans approval. C. The installation of underground utilities or relocating existing facilities as prescribed by this section shall must also be in conformance with the respective utility's rules and regulations. D. A- Utility Casings Page 101 of 156 Subdivisions or developments providing water services shall install no less ^ than four -inch conduits to each alternate lot on the opposite side of the street from the main distribution line for each street prior to the completion of roadway construction or as required by applicable utility. Additionally, all casings for irrigation facilities, street lighting and other utility services such as electric, telephone, cable television, and the like shall be placed under all proposed streets prior to the completion of the stabilized subgrade. SUBSECTION 3.W. AMENDMENTS TO SECTION 8.06.03 POWERS AND DUTIES (EAC) Section 8.06.03 Powers and Duties (EAC), of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 8.06.03 Powers and Duties The powers and duties of the EAC are as follows: x x x x x x x x x N. All preliminary subdivision plat and/or site development plan submissions for development or site alteration on a shoreline and/or undeveloped coastal barrier shall be reviewed and a recommendation shall be made for approval, approval with conditions or denial by the EAC. If the applicant chooses not to utilize the optional preliminary subdivision plat process the review and approval will occur at the time of either the final plat and construction plans or the final plat. 1. An applicant aggrieved by action of the EAC may appeal to the BZA. Said appeal shall be in accordance with the procedure and standards of section 10.02.02 for appeal of written interpretations. SUBSECTION 3.X. AMENDMENTS TO SECTION 9.02.00 VESTED RIGHTS Section 9.02.00 Vested Rights, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 9.02.00. Vested Rights & Takings Determinations. A Landowners claiming that certain of their property rights have either: a) vested prior to establishment of this code on November 13, 1991, or prior to the effective date of any amendment or revision to this code, including the claim to a right to an Adequate Public Facilities Certificate (APFC), or b) been unlawfully taken may use the vested rights determination process and takings determination process under this section, as either or both may be applicable Both processes are to be administered as provided for in this section and are intended to ensure landowners are afforded adequate procedural due process by providing for required notice public hearing the right to present and rebut evidence, create a formal written record and an impartial hearing officer, as may be applicable under these processes. B Claims or suits against Collier County. including its board of countv commissioners whether sued individually or collectively, and any official thereof, which: a) allege vested riahts or equitable estoppel, or b) ^ challenge the denial revocation suspension, or any other limitation or restriction set forth in a development order or development permit, or any other governmental act of Collier County as a temporary or permanent taking of private property, including claims or suits of an inordinate burden Page 102 of 156 of vivate property. cannot be deemed final action or a final order of the County in any court or guasijudicial proceeding unless and until the processes provided for by this section have been fully complied with and exhausted. C The provisions of this Code are expressly intended to regulate landowners' rights to develop their property in the unincorporated areas of the county as may be necessary to protect the publics health and safety and to promote its general welfare without violating landowners'_legally vested rights obtained in accordance with Florida common law and statutory law, particularly 1-.S. & 163.3167(81. 9.02.01. Applications for Vested Rights Determinations. A Applications for a determination of claimed vested rights must be submitted along with the initially required application fee in the form established by the County and must be sworn to or comply with 6 F.S. 92.525, for declarations made under penalty of penury. In order to be considered timely, all applications must be filed within one year of the effective date of this Code or of any amendment or revision to the Code, against which the landowner claims to be vested Failure to timely file such application within the one-year period will act as a landowners waiver of the claimed rights and bar all claims for vested rights or equitable estoppel for the landowner's property Applications must include: 1. name address and telephone number of the landowner, and of any authorized a4ent(s1; 2. street address legal description and acreage of the subject propert 3, all facts documents records attachments appendices. exhibits. or other information reasonably available to the landowner through diligent research which are considered by the landowner to be relevant and which would tend to establish the criteria for a vested rights determination set forth in section 9.02.05. The application should include any information the applicant considers necessary and that would substantiate those facts supporting the claim. The guide for inclusion of information should be whether the information would constitute competent substantial evidence in a quasi-judicial or iudicial proceeding; 4. all legal arguments in support of the claims alleged; 5. any relief or remedies proposed to resolve the claims alleged: and 6 the signature of the landowner or any attorney for the landowner. Signatures affixed to an application will constitute certification that the person signing has read the document and that to the best of the person's knowledge it is supported by good grounds and that it has not been submitted solely for purposes of delay. B Apolicants may include such information under 6 9.02.10. B. 3. a. — 4., as they consider necessary to establish their claims. C A landowner and any attorney for the landowner has a continuing obligation to amend or correct any document submitted with the application which is incorrect because of changed circumstances or which was found to have been incorrect. 9.02.02. Determination of completeness. After receipt of a fully paid application for a determination of vested rights, the county manager will determine if the information submitted with the application is complete. If the application is determined to not be complete the county manager will provide notice to the agolicant in writing of all deficiencies found within five (5) days. The county manager will take no further steps to process or review the application until all Page 103 of 156 deficiencies have been adequately remedied or the county manager is notified by the .—. landowner that no further information will be provided. 9.02.03. Review of application by county manager and county attorney: determination or recommendation. Completed applications for determinations of vested riahts, i.e., those deemed sufficient for review will be reviewed by the county manager and the county attorney under the criteria in section 9.02.05., within forty-five (45) days. Based on their review, the county manager and the county attorney will thereafter within ten (10) days either: a) enter into a written stipulated determination of vested rights with the owner, or b) make a written recommendation to a hearing officer for a determination that the application should be denied, granted or granted with conditions. A. If the county manager and the county attorney agree that the application for a determination of vested rights so clearly demonstrates that the requested relief should be granted or granted with conditions acceptable to the landowner, then they are authorized to enter into a stipulated determination of vested rights with the landowner on behalf of the County. The county manager's and the county attorney's written determination must include: a) their findings of fact based on the criteria established in section 9.02.05., b) their conclusions of law for such criteria, c) their findings of consistency with the growth management plan and the Code, as applicable and d) the specific relief to be afforded by the determination which must be signed by the county manager and the county attorney, as well as the landowner. B. If the county manager and the county attorney do not agree after their review that the application for determination of vested rights so clearly demonstrates that the requested relief should be granted or granted with conditions acceptable to the landowner, then they will prepare a report for consideration by a qualified hearing officer which recommends that the reauested relief should be granted, granted with conditions, or denied. The written recommendation to the hearing officer must include: a) their findings of fact based on the criteria established in section 9.02.05., b) their conclusions of law for such criteria, c) their findings of consistency or inconsistency with the growth management plan, as applicable, and d) the specific relief to be afforded, if any, in whole or in part, by the determination The procedures to be followed for qualification and selection of the hearing officer are those set forth in section 9.02.04. The procedures to be followed for the hearing officer's review of the claim, public hearing and issuance of a written determination are set forth below in sections 9.02.04., and 9.02.06. 9.02.04. Hearing officer review and vested riahts determination. A In the event that all of a landowner's claims are not fully resolved by the process under section 9.02.03., the county manager will solicit for a hearing officer who must meet the following minimum qualifications: a) be an attorney admitted to practice before the Supreme Court of the State of Florida b) have demonstrated knowledge of administrative, environmental and land use law and procedure: and c) agree to hold no other appointive or elective county public office or position during the period retained. A qualified hearino officer selected by the county manager and county attorney will be retained immediately upon the landowner's payment of any additional fees required for a hearing officer's determination of vested riahts. Once retained, the application, written recommendation of the county manager and county attorney, and all supporting documentation, collectively considered to be the then existing official record of the claim, will be provided to the hearing officer for review. Within fifteen (15) days of notice of retaining a qualified hearinq officer, the claimant must provide the hearing officer and all other parties a list of the names and addresses of any witnesses which the claimant intends to present in support of its claim and a summary of the testimony of each witness. In no event, however, will the requisite public hearing be scheduled or noticed until the list and summary are properly provided. Page 104 of 156 B At any time after thirty (30) days from receipt of the official record. the hearing officer is to conduct a properly noticed public hearing. The hearing will follow such rules of procedure for quasi-judicial civil proceedings as the hearing officer may consider are reasonably required to afford all parties procedural due processe and as follows The parties entitled to appear before the hearing officer are the county the landowner, and those members of the public who have timely notified the county manager and hearing officer of their intention to be considered as affected persons under section 9 02 04 C below. In the event that any affected person s claimed status as a party is challenged by another party, the hearing officer will determine whether that person is entitled to appear as an affected person under the traditional notions of standing set forth in Florida iurisprudence The order of presentation before the hearing officer will be: a) the landowner, b) the county, and c) any affected person(s). Although the public is invited to attend the hearing members of the general public may not participate unless testifying as a party witness under one of the three categories above. C Affected persons intending to participate as a party in any hearings held as part of the vested rights determination process must submit written comments and pertinent factual information and data to the county manager for inclusion in the official record within fifteen (15) days of the_ landowner's mailing of notice to all persons as set forth in section 9.02.06.A. The pertinent factual information and data will be reviewed and considered by the county manager and county attorney, and when applicable will be submitted to the hearing officer as an attachment to the county attorney's and county manager's recommendation to the hearing officer and become part of the official record. The names of affected persons intending to appear as a party witness along with a written summary of their testimony must be submitted to the hearing officer no later than ten (10) days prior to the advertised date of the hearing officer's public hearing. 9.02.05. Criteria for vested rights determinations. A This section is intended to establish criteria for vested rights determinations that strictly adhere to and implement existinq Florida statutory and case law as they relate to the doctrine of vested rights and equitable estoppel Each determination is to be made on a case-by-case basis in light of these criteria and the specific factual and legal analysis of that claim Landowner's claims should not be afforded the relief or remedy sought unless the landowner demonstrates by substantial competent evidence that it's entitled to complete it's development without regard to the otherwise applicable provisions) of this Code based on either: a) meeting the provisions of F S & 163.3167(8)0 or b) that: 1) upon some act (such as enacting the challenged provision of this Code) or omission of the county, 2) the landowner relying in good faith (3) has made such a substantial change in position or has incurred such extensive oblioations and expenses that it would be highly inequitable and unjust to destroy the rights acquired to apply the challenged provision. B The provisions of Code of Laws & 106-46 (i) Criteria for Vested Rights, (2) & (3)may be used as an additional guide for consideration of the second and third criteria in A.. above. 9.02.06. Required notices for vested rights determination Process, Including Public hearings. A Within fifteen (151 days of the date of receipt by the county of a completed application for a vested rights determination the landowner must provide notice of the submission of the application by: a) prominently postina on the property for which the vested rights determination is sought a sign advisina of the substance of the claim of vested rights and otherwise complying with section 10.03.05. B. 1. as to timina and otherwise, a. or .b.. r only, and B 2 throuah 4 as applicable and b) mailing notice to all property owners within 300 feet of the property lines of the subject property. The mailed notice must briefly state the nature of the claim and Page 105 of 156 must be made via certified mail return receipt requested, sent at the landowner's expense. B. Public notice for vested rights determination hearings held pursuant to section 9.02.04. or section 9.02.08. must be provided by publication at least one time in a newspaper of general circulation at least fifteen (15) days in advance of any public hearing stating the time place purpose of such hearing including a brief statement of the nature of the claim. C For those claims not resolved under section 9.02.03., the landowner must additionally provide the type of mailed notice described in A., above to all persons who have notified the county manager that they should be considered as an affected person at least twenty (20) days prior to the hearing officer's public hearing. D For those claims not resolved under section 9.02.08, the appealing party must additionally: a) provide the type of mailed notice described in A., above to all other parties at least fifteen (15) days prior to the public hearing and b) publish the notice for the public hearing required under B., above. 9.02.07. Issuance of a vested rights determination by hearing officer. Within fifteen (15) days after the completion of the hearina officer's public hearing, the hearing officer will render a determination denying granting or granting with conditions, all vested rights claimed by the landowner. The determination must be based upon the hearing officer's review and consideration of the official record which will include the application for determination of vested rights the recommendation of the county manager and the county attorney, and the evidence and testimony presented at the public hearing by all parties The determination must be in writing and specifically set forth enumerated: a) findings of fact and b) conclusions of law for each criterion of section 9.02.05., as applicable to each claim. The determination must also state the specific relief or remedy afforded the landowner, if any. and detail any conditions which the landowner must comply with to obtain such relief. 9.02.08. Appeal of hearing officer's vested rights determination. Within 30 days after the hearing officer's written determination of vested rights being rendered either the county or the landowner may appeal the determination to the board of county commissioners Any additional fee for a landowner -initiated appeal must accompany the appeal The board of county commissioners may: a) affirm the hearing officer's determination of vested rights with or without modifications or conditions, or b) refect the hearing officer's determination except that the board may not modify the determination or impose conditions or refect the hearing officer's determination unless the board expressly finds that one or more of the hearing officer's findings of fact or conclusions of law is not supported by competent substantial evidence in the official record or that the hearing officer's determination otherwise specifically failed to properly apply one or more of the criterion in section 9.02 05. Because the law in the area of vested rights and equitable estoppel is constantly changing in both substance and interpretation the board should be guided by advice from the office of the county attorney regarding interpretations of appropriate considerations in its deliberations. 9.02.09. Expiration of vested rights determinations. Any relief -granted by a vested rights determination will be presumed abandoned and expire if not utilized for its proper purpose within two (2) years from the date it was Granted Thus all determinations of vested rights which are granted, with or without conditions expire and become null and void two (2) years from the date finally issued, i.e., the last of either: a) the latest date signed as a stipulated agreement, b) the date rendered by a hearing officer or c) otherwise finally determined following any appeal; unless: 1) any conditions imposed are complied with and construction authorized by the determination is commenced pursuant to an approved final development order or permit and 2) construction continues in good faith under then applicable regulations for .-� development The two (2) year time limitation to commence and continue construction will only be staved for any time period during which construction is prohibited deferred or delayed by the county due to inadequate public facilities. as otherwise provided for by this Code. Page 106 of 156 9.02.10. Process for review and remedy of taking claims. A. Scope. This section applies to: 1. a landowner's claim which would otherwise arise in a court of competent jurisdiction as a taking of property without just compensation under any law applicable to the county and that arises from: a the denial of property or development rights sought as part of a development permit or development order, or b the application of any other provision of the county's comprehensive plan its implementing land development regulations as stated in this code, or other ordinances. 2 persons denied a claimed remedy sought as part of a vested rights determination under sections 9.02.00. — 9.02.09., of this code; and 3 any aggrieved or adversely affected party meeting the standard for "standing" defined in F.S.6 163.3215(2), and alleging that the grant or issuance to another person of a development order or development permit by the county constitutes a taking of his property. 4 Notwithstanding the provisions set forth above this section does not apply to takings claims arising as part of a condemnation or eminent domain action to which the county is, or may be, a party. B Administrative procedures for filing and documentation of takings claims. 1 All takings claims must be filed with the county manager and be accompanied by such fee as may be required. 2. Any person filing a takings claim must affirmatively demonstrate the validity of the claim alleged by submitting a sworn statement setting forth the facts upon which the takings claim is based. The sworn statement should include any information the applicant considers necessary. As such a statement may contain attachments appendices or exhibits that substantiate those facts supporting the claim. The guide for inclusion of information should be whether the information would constitute competent, substantial evidence in a quasi-iudicial or iudicial proceeding. 3 In addition to a demonstration of a potential taking claim, the applicant's evidence should also provide that information necessary to fashion a remedy, should a potential taking claim be found to exist. As part of a typical claim package, the sworn statement required by this subsection should support the claim for a remedy by including any additional affidavits copies of drawings, contracts recordings, reports, letters appraisals or any other form of documentation or information that may apply, including, but not limited to: a. the transcript or record of any previous hearing where the claim is alleged to have arisen, b. evidence of the expenditure of funds for land, the acquisition of which provides the basis of the taking claim, c. evidence of expenditures of funds for planning, engineering, environmental, and other consultants for site plan preparation. site improvement or other preparation, or construction, Page 107 of 156 A d evidence of expenditures for construction of actual buildings in accordance with an existing or prior development order or development permit issued by the county, e any relevant donations or dedications of real property or any other property interest made to the county for the following purposes: i roads or other transportation or public utility facilities, ii. access (ingress/egress) or rights-of-way, iii drainage easements, iv parks or recreation/open space, v retention/detention areas vi preservation or conservation areas, or vii any other purpose consistent with the provision of services for any element of the county's comprehensive plan: which are either on- or off-site with respect to the property involved in the claim. f evidence of costs of construction of any roads, sidewalks, stormwater detention/retention or drainage facilities, sewer or water facilities parks etc which would be either on- or off- site and part of a plan permitting development on the subject property, or g other development orders or development permits issued by the county with respect to the property involved in the takings claim and any related federal state or regional permits. 4 As part of a sworn statement the claimant is required to provide a list of the names and addresses of any witnesses which the claimant will present in support of the claim and a summary of the testimony of each witness. 5 Additionally, the claimant should consider submitting -as -part of its sworn statement information which: a demonstrates that the claimant has acted in good faith and without knowledge that changes to applicable ordinances, resolutions or regulations might effect his development expectations In establishing "good faith," the claimant should consider submitting information which affirmatively states that the claimant: has not waived abandoned or substantially deviated from related prior county development approvals: ii has not by act or failure to act consented or assented to changes in related prior county development approvals; and iii has at all times relevant conformed with the applicable laws rules and regulations of the state and the county. b if applicable details the specific governmental act, ordinance, resolution regulation or comprehensive plan provision that the claimant believes gave rise to the takings claim. 6 The signature of the claimant or any attorney for the claimant, upon any document submitted as cart of a sworn statement will constitute certification that the person signing has read the document and that to the best of the person's knowledge it is Page 108 of 156 su orted b ood rounds and that it has not been submitted solely for purposes of delay Further, the claimant and any attorney for the claimant will have a continuin obli ation to amend or correct any document submitted which is incorrect because of changed circumstances or was found to have been incorrect. 7. If the board of county commissioners makes a determination and finding that the sworn statement submitted as part of a taking claim is: a based on facts that the claimant or anv attorney for the claimant knew or should have known was not correct or true or b frivolous or filed solely for the purposes of delay: then the board of county commissioners in addition to the penalties set forth in section 10.07,00. A 2 e may pursue any remedy, or impose any penalty provided for by law or ordinance. C Review, hearing and standards for takings claims. 1 Within five working days of filing a sworn statement (and anY accompanying information) as part of a takings claim the county manager will determine whether the statement received is complete. If the statement is deficient then the claimant will be notified in writing of the deficiencies. 2. Once a statement is complete. or the claimant has informed the county manager that no further information is forthcoming, the county manager will timely review the application provide requisite public notice consistent with section 9.02.06 B and schedule a properly noticed public hearing before the board of count commissioners on the takings claim. 3 At the scheduled public hearing sworn testimony and relevant evidence which meets the criteria of subsection B. above should be offered into the record to support the claimant's position. The county manager and staff, and county attorney personnel may offer testimony and evidence or opinions as may be relevant to the hearing. 4 No later than 30 days after the board of county, commissioners closes the public hearing the board will make and report a conclusive final decision based upon the record presented. Nothing in this subsection will prevent the board' from deciding to continue the hearing to a time- date- and place -certain to give staff the opportunity to prepare alternatives, in consultation with the applicant or to give staff or the applicant the opportunity to prepare responses to Questions which the board may have regard�nq information presented at the hearing. 5 Because the law in the area of takings is constantly changing in both substance and interpretation the board of county commissioners should be guided by advice from the office of the county attorney regarding interpretations of appropriate considerations in its deliberations In evaluating whether a valid taking claim is presented by the record and what the measure of relief to be provided to the claimant should be if any, the followmq factors will be taken into consideration: a whether and to what degree the challenged regulation or combination of regulations has resulted in any physical invasion of the claimant's property by the county or others: b whether the challenged regulation or combination of regulations has resulted in a denial of all beneficial use of the claimant's property by the county and if so. whether the logically antecedent inquiry into the nature of the landowner's Page 109 of 156 estate shows that the prescribed use interests were not part of his title to begin with; c whether and to what degree the claimant's expectations of use were investment -backed d whether and to what degree the claimant's expectations of use were reasonable in light of the following circumstances as they may apply: i the logically antecedent inquiry into the nature of the landowner's estate shows that the prescribed use interests were not part of his title to begin with; ii the existing land use and zoning classification of the subject and nearby properties as may be relevant; iii the development history of the subject property and nearby properties; and iv. the suitability of the subject property for the intended or challenged development or use. e whether and to what degree the intended or challenged development or use has or would cause any diminution in value of the subiect properties or any relevant properties ansmq from section 9.02.10 A.3.; f whether and to what degree any such diminution of property values has promoted the public health safety, morals. aesthetics or general welfare and was consistent with the county's comprehensive plan; and a to what extent the public would pain from the intended or challenged development or use compared to any resulting hardship upon the claimant alone. 6 Any relief to be provided a claimant will be limited to the minimum necessary to provide a reasonable beneficial use of the subject property and may be in the form of alternative uses of additional development intensity which may be severed and transferred, or other such non monetary relief as is deemed appropriate by the board of county commissioners Anv relief gra_ nted will be presumed abandoned and expire if not utilized for its proper purpose within one year from the date it was granted. Subsequent applications under this section may review the expired decision for possible reinstatement with or without modification as deemed necessary under then existing conditions. D Appeal of takings claim Any claimant aggrieved by the final decision of the board of county commissioners may seek iudicial review of the board's decision by timely filing an action in a court of competent Lrisdiction. SUBSECTION 3.Y. AMENDMENTS TO SECTION 9.03.01 NONCONFORMITIES Section 9.03.01 Nonconformities, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 9.03.01 Generally E. Uses under conditional use provisions not nonconforming uses. Page 110 of 156 All uses lawfully existing on the effective date of the LDC or any subsequent amendment to this code which are permitted as a conditional use in a district under the terms of the LDC or any subsequent amendment to this code, shall not be deemed a nonconforming use in such district, but shall without further action be deemed to have a conditional use permit. SUBSECTION 3.z. AMENDMENTS TO SECTION 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS Section 10.02.02 Submittal Requirements for All Applications, of Ordinance 04- 41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.02 Submittal Requirements for All Applications � x ♦ ♦ x r A. Environmental impact statements 9. APPEALS. a. Any person aggrieved by the decision of the County Manager or his designee regarding any section of this Code may file a written request for appeal, not later than ten days after said decision, with the EAC or their successor organization. b. The AiFARFneptal advi6eFy beaFE1 EAC will notify the aggrieved person and the County Manager or his designee of the date, time and place that such appeal shall be heard; such notification will be given 21 days prior to the hearing unless all parties waive this requirement. c. The appeal will be heard by the eRViF9RFneRtaI adyiseFy beaFd EAC within 60 days of the submission of the appeal. d. Ten days prior to the hearing the aggrieved person shall submit to the EAC and to the County Manager or his designee copies of the data and information he intends to use in his appeal. e. Upon conclusion of the hearing the EAC will submit to the board of county commissioners their facts, findings and recommendations. f. The board of county commissioners, in regular session, will make the final decision to affirm, overrule or modify the decision of the County Manager or his designee in light of the recommendations of the EAC. D. Review by environmental advisory council (EAC). beard. All subdivision plat PFGGG66, the review and appFOval Will GGGUF at (he t me Gf eitheF the final plat and GGROFUGWR PlaRr. OF the final plat. The procedures for reviewing PSP and/or SDP submissions for development Page 111 of 156 �--. or site alteration on a shoreline and/or undeveloped coastal barrier are outlined in section 8.06.03 N. of this code. F. Requests for Interpretations 5. Appeal to board of zoning appeals or building board of adjustments and appeals. a. Within 30 days after receipt by the applicant or affected property owner of a written interpretation sent by certified mail return receipt requested by the County Manager or his designee or chief building official, or within 30 days of publication of public notice of interpretation, the applicant, affected property owner, or aggrieved or adversely affected party may appeal the interpretation to the building board of adjustments and appeals for matters relating to building and technical codes as shown in division 1.18 or to the board of zoning appeals for all other matters in this Code. For the purposes of this section, an affected property owner is defined as an owner of property located within 300 feet of the property lines of the land for which the interpretation is effective. An aggrieved or affected party is defined as any person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan, Land Development Code, or building Code(s). The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. b. A request for appeal shall be filed in writing. Such request shall state the basis for the appeal and shall include any pertinent information, exhibits and other backup information in support of the appeal. A fee for the application and processing of 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. The board of zoning appeals or the building board of adjustments and appeals, whichever is applicable, shall hold an advertised public hearing on the appeal and shall consider the interpretation of the County Manager or his designee or chief building official, whichever is applicable, and public testimony in light of the growth management plan, the future land use map, the Code or the official zoning atlas, or building code related matters, whichever is applicable. The board of zoning appeals or the building board of adjustments and appeals, whichever is applicable, shall adopt the County Manager or his designee's or chief building official's interpretation, whichever is applicable, with or without modifications or conditions, or reject his interpretation. The board of zoning appeals or the building board of adjustments and appeals, whichever is applicable, shall not be authorized to modify or reject the planFloRg seFyiees diFerle4s County Manager or his designee's or chief building official's interpretation unless such board finds that the determination is not supported by substantial competent evidence or that the interpretation is contrary to the growth management plan, the future land use map, the Code or the official zoning atlas, or building code, whichever is applicable. c Time Limitations on Appeals Any appeal that has not been acted upon by the APPLICANT within six months of the ^ applicant filina the appeal will be determined to be withdrawn and cancelled unless extended by the BCC. Further review and action on the appeal will require a new application subiect to the then current code. Page 112 of 156 SUBSECTION 3.AA. AMENDMENTS TO SECTION 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS Section 10.02.04 Submittal Requirements for Plats, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.04 Submittal Requirements for Plats A. Preliminary Subdivision Plat Requirements 1. Procedures for preliminary subdivision plat. a. Optional. The preliminary subdivision plat process is not mandatory, but an option that may be exercised by the applicant upon the effective date of this ordinance. All preliminary subdivision plats that were approved prior to the effective date of this ordinance are not optional and must proceed in accordance with the procedures outlined for a preliminary subdivision plat. Also, nothing in this section will be construed to affect the mandatory nature of a final subdivision plat. i Abandonment/Cancellation of existing approved PSP's. The applicant may chose to abandon/cancel any PSP that was approved prior to February 11 2004 in the event that the FSP has not been approved If the applicant chooses to abandon, then the only process that will be applicable to that applicant is the final subdivision plat process in the same manner as if the PSP option was never exercised. Any portion of the original ^ PSP for which a Final Plat has not been approved would therefore require a separate Final Plat according to procedures in effect at the time of submittal. w w « w w : • • w * w w w B. Final Plat Requirements w w s w k # * w w w w w w 3. General Requirements for Final Subdivision Plats w w w • x w ♦ w w w • w w e. Subdivision performance security, as further described herein, in an amount equal to 110 percent of the sum of construction costs for all on-site and off-site required improvements based on the applicant's professional engineer's opinion or contract bid price. Where improvements are to be constructed by a general-purpose government such as a county or municipality, a local school district, or state agency, no subdivision performance security shall be required. Subdivision performance security shall be required of an independent special-purpose government such as a community development district (CDD). The subdivision performance security shall be in one of the following forms: (1) Cash deposit agreement with the county. (2) Irrevocable standby letter of credit. (3) Surety bond. (4) Construction. Maintenance and Escrow agreement with the Page 113 of 156 SUBSECTION 3.1313. AMENDMENTS TO SECTION 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENT PLANS Section 10.02.05 Submittal Requirements for Improvement Plans, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.05 Submittal Requirements for Improvements Plans B. Construction of required improvements. 5. Construction inspections by the engineering services director. Upon approval of the improvement plans by the engineering services director, the applicants' professional engineer of record shall be provided with a list of standard inspections which require the presence of the engineering services director. Notification of all required inspections shall be contained in the approval letter for the development. Based on the scheduling and progress of construction, the applicant shall be responsible to notify the engineering services director prior to the time these inspections are required. At least 48 hours' notice shall be provided to the engineering services director to allow scheduling of an inspection. Verbal confirmation of inspection time or a request for rescheduling will be made by the engineering services director on each notification made. 6. All required inspections as noted in the Collier County Utilities Standards and Procedures Ordinance ale - 97 17, subsection 9.4.2 shall require notice to the engineering services director. Also, the engineering services director shall be notified at the following stages of construction: Prior to any paving or concrete work associated with roads or sidewalks. 7. From time to time, the engineering services director shall inspect the progress of construction. Should special inspections be required they shall be coordinated through the applicant. 8_ The foregoing notwithstanding, routine spot inspections by the engineering services director may be carried out without notice on all construction to ensure compliance with the approved improvement plans. During the on-site inspection process, if the engineering services director finds construction in progress which does not comply with the procedures, policies and requirements contained in this section or the approved improvement plans, he shall have the full Page 114 of 156 authority to issue a stop work order for the portion of the work not in compliance. If a stop work order is issued, it shall remain in full effect with respect to the defective work until such time as the documented discrepancies have been corrected to the full satisfaction of the engineering services director. 6: 9. Design modification. Deviations from the approved improvement plans due to field related conditions or circumstances shall be submitted via the applicant and approved by the County Manager or his designee. Initial contact with the County Manager or his designee may be by verbal contact whereby a County Manager or his designee's field representative may recommend approval to the DSD based on a field inspection of the deviation and based on its equivalency to the approved design. However, if required by the County Manager or his designee, a detailed written description of the proposed deviations or requested design modifications, the reasons for the deviations or modification, and revised improvement plans shall be submitted to the County Manager or his designee for approval. The County Manager or his designee may require written approval for specific deviations or modifications to be issued by him before construction of those items may commence. 7, 10. Measurements and tests. After construction, the applicant's professional engineer of record shall submit a report to the County Manager or his designee which documents the dates of inspection, all measurements, field tests, laboratory tests and observations required to be performed during the construction. 8- 11. Expiration. All required improvements associated with the construction and maintenance agreement shall be completed within 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 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. 12. County completion of required improvements. When a final subdivision plat has been recorded and the applicant fails to complete, repair, or maintain the required improvements as required by this section, the board of county commissioners may authorize and undertake completion, repair, and maintenance of the required improvements under the subdivision performance security provided by the applicant. If no sale of lots or issuance of building permits has occurred, the board of county commissioners may declare all approvals for the subdivision and all documents for the subdivision to be null and void; provided, any vacations of plat shall be in accordance with F.S. ch. 177. In such case, the board of county commissioners shall direct the County Manager or his designee to call upon the subdivision performance security to secure satisfactory completion, repair, and maintenance of the required improvements, to make his best efforts to restore the property to its predevelopment condition, or to otherwise take action to mitigate the consequences of the failure to complete, repair, or maintain the required improvements. Upon the completion of the required improvements, the County Manager or his designee shall report to the board of county commissioners and the board shall accept by resolution the dedication and maintenance responsibility as indicated on the final subdivision plat. In such case, the remaining subdivision performance security posted by the applicant shall be retained for the warranty period between preliminary and final acceptance in lieu of the required Page 115 of 156 maintenance agreement and subdivision performance security to provide funds for any repairs, maintenance, and defects occurring during this warranty period. 4G7 13. Failure to complete unrecorded subdivision. Where an applicant has elected to construct, install, and complete the required improvements prior to recordation of the final subdivision plat and fails to complete such improvements within the time limitations of this section, all approvals for the subdivision shall be null and void. No reference shall be made to the preliminary subdivision plat or the final subdivision plat with respect to the sale of lots or issuance of building permits, unless and until the preliminary and final subdivision plats have been resubmitted with all of the supplementary documents and material, and all approvals required in this section have been granted. Under these circumstances, the applicant shall be required to compensate the county through the payment of new review and inspection fees, as though the development were being submitted for its initial review and approval. C. Completion, approval and acceptance of required improvements 2. Acceptance of required improvements. Upon completion of all required improvements contained in the approved improvement plans, the required improvements shall be preliminarily approved by the county admiaistrater manager or his designee. All water and sewer facilities approved and accepted in this fashion and required to be maintained by Collier County shall be conveyed to the county pursuant to the provisions set forth in Collier County Utilities Standards and Procedures Ordinance [Code ch. 134, art. III], as amended. A maintenance agreement and the posting of subdivision performance security for the maintenance of the required improvements shall be required prior to the preliminary approval of the completed required improvements. F. SIP Requirements for the Nonconforming Mobile Home Park Overlay Subdistrict. 1. Pre -application meeting requirements. Prior to making an application to submit an SIP, the property owner and/or agent is required to have a pre -application meeting with Collier County planning staff. Coordinating this process will be the responsibility of the assigned planner who will establish a date for the meeting and will advise other review staff to attend the meeting. The owner of the property or accent re resenting the owner shall bring to the meeting a surrey plot plan showing the location of all buildings and structures, and preferably a draft plan showing the proposed layout of buildings and infrastructure improvements. The applicant shall consult with the Immokalee Fire Department and the Immokalee Sewer and Water District prior to the pre -application meetina. Within 90 days after the are -application meeting, the owner/agent shall submit the SIP application and supporting documents. Failure to submit a formal SIP shall cause a citation to be issued to the property which may culminate in the requirement to remove all buildings and structures as provided above unless otherwise prohibited by state law. 2. SIP submission requirements, preparation standards and notes. a. An application for an SIP on a form prepared by Collier County shall be signed by the owner or agent of the property owner in the form of an affidavit as indicated on the application form. Page 116 of 156 b A survey plan showing all buildings and structures, their uses and the actual size of the structures. c A site improvement plan showing the proposed location of all buildings and all required infrastructure drawn to scale_ on a 24 x 36" sheet(s) illustrating the following information: i Park name address and phone number of agent preparing the plan and address and phone number of the property owner. ii. Folio number(s) of property and total site area. iii. Zoning designation and land use on subject and adjacent property. iv. North arrow, scale and date. v Landscaping proposed and existing. vi. Parking spaces. vii Setbacks and space between building measurements. viii Location and arrangement of ingress/egress points. ix Type of surface of all access roadways leading to the park and within the park. x Location of all structures in the park (units, office, accessory building, etc.) xi Location of dumpster or trash container enclosure. xii Location and height of walls and/or fences. xiii Where applicable dimensions of lots, width of internal streets and design cross-section of streets and drainage improvements. d Plans do not have to be signed and sealed by a professional engineer, however plans must be prepared by a person having knowledge of drafting skills and basic engineering construction standards which may include a paraprofessional associated with a professional engineering architectural landscape architectural firm or licensed contractor. e Prior to approval of the SIP the county building inspector will identify all mobile homes not meeting minimum housing code standards and minimum floor area requirements for mobile homes as defined in this Code. Those mobile home units that cannot be rehabilitated shall be removed within 12 months of the approval of the SIP unless prohibited by law and shall be so indicated on the SIP. f Mobile home units meeting the housing code and as defined in this Code may replace the units removed, provided the replacement units do not exceed the maximum number of units allowed on the original SIP. a The number of units approved on the SIP will be allowed to remain except for those identified substandard units which must be removed in accordance with the timeframes referred to in section 10.02.05 F 2.e. above, so lona as the requirements of the approved SIP are implemented and a building permit has been obtained for each unit. Page 117 of 156 h A right-of-way permit shall be required. This permit shall be obtained prior to approval of the SIP. A copy of same shall be submitted to the assigned planner. 3 Landscaping: Landscape improvements shall be shown on the SIP, either separately or collectively on the same sheet as the site plan. Existing trees may be credited pursuant to section 4.06.04 D. of this code. a The plan shall be prepared by a landscape architect landscape designer or landscape contractor or paraprofessional associated with such a firm and having knowledge of Florida plant material and planting requirements. Landscape plans do not need to be signed and sealed when prepared by a licensed landscape architect. b Landscaping requirements are as follows: i A ten -foot wide landscape buffer, with one single hedgerow and trees spaced 30 feet on center along property lines abutting a right-of-way. ii. Trees spaced 50 feet on center along internal boundary lines. iii. Permitted trees include live oak, sycamore, red maple, and sweet gum Under electrical transmission lines, simpson stopper, magnolia east Palatka holly, and dahoon holly trees are permitted. iv. Fixed irrigation systems which shall include two irrigation bubblers per tree. 4 Implementation time frame: The site improvement plan shall be implemented and park improvements shall be made in accordance with the following timeline commencing from the date of SIP approval. Number of Length of time units/ ro'ect 10 or less 18 months 11 to 25 30 months 26 to 50 42 months more than 50 54 months a Proiects approved with an implementation timeline in excess of 18 months must be completed as a phased development as identified below. Proiect Implementation Timeline # of Phases Phase Timelines 18 months 1 18 months 30 months 2 18 months --First phase, 30 months --Second phase 42 months 3 18 months --First phase, 30 months --Second phase 42 months --Third phase 54 months 4 18 months --First phase, Page 118 of 156 b Building permits must be obtained for each unit when relocated and replaced within an approved park otherwise the code enforcement action will proceed except as otherwise provided pursuant to section 10.02.05 F.2.e. SUBSECTION 3.CC. AMENDMENTS TO SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS Section 10.02.06 Submittal Requirements for Permits, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.06 Submittal Requirements for Permits J. Cultivated Tree Removal Permit. 1. Cultivated Tree Removal Permit. Cultivated Tree Removal Permits are required for the removal or relocation of any tree or palm that has been installed by man and is not part of a preserve. Moving a tree from one location to another shall not be considered_ removal; however, a permit shall be obtained A maximum of 10 trees per five (55) year period may be removed with a Cultivated Tree Removal Permit However, prohibited exotic tree removals are exempt from this requirement except when they have been used to meet minimum code landscaping standards. Naturally occurring landscapes shall require a Vegetation Removal Permit refer to section 10.02.06 C. In no instance shall a site fall below the current minimum landscape code standard. 2 Applicability. The provisions of this section are applicable to all development except for single family home sites. However, such homes must maintain the minimum landscape code required trees per section 4.06.05. An owner, or an agent of the owner may apply for a permit If the applicant is an agent of the owner, a letter from the property owner indicating that the owner has no resection to the proposed tree removal shall be submitted with the application. 3 Criteria for removal of cultivated landscaping. The Landscape Architect may approve an application for vegetation removal based on the following criteria: a. A tree Can not be maintained by proper canopy, root pruning or root barriers and has become a safety hazard to pedestrian or vehicular traffic, utilities or to an existing structure. b. A tree is growing too close in proximity to another tree(s) to permit normal growth and development of the affected tree(s). c. Other public health and safety circumstances as determined by the county landscape architect. Page 119 of 156 30 months--Second phase, 42 months--Third hase 54 months--Fourth hase b Building permits must be obtained for each unit when relocated and replaced within an approved park otherwise the code enforcement action will proceed except as otherwise provided pursuant to section 10.02.05 F.2.e. SUBSECTION 3.CC. AMENDMENTS TO SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS Section 10.02.06 Submittal Requirements for Permits, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.06 Submittal Requirements for Permits J. Cultivated Tree Removal Permit. 1. Cultivated Tree Removal Permit. Cultivated Tree Removal Permits are required for the removal or relocation of any tree or palm that has been installed by man and is not part of a preserve. Moving a tree from one location to another shall not be considered_ removal; however, a permit shall be obtained A maximum of 10 trees per five (55) year period may be removed with a Cultivated Tree Removal Permit However, prohibited exotic tree removals are exempt from this requirement except when they have been used to meet minimum code landscaping standards. Naturally occurring landscapes shall require a Vegetation Removal Permit refer to section 10.02.06 C. In no instance shall a site fall below the current minimum landscape code standard. 2 Applicability. The provisions of this section are applicable to all development except for single family home sites. However, such homes must maintain the minimum landscape code required trees per section 4.06.05. An owner, or an agent of the owner may apply for a permit If the applicant is an agent of the owner, a letter from the property owner indicating that the owner has no resection to the proposed tree removal shall be submitted with the application. 3 Criteria for removal of cultivated landscaping. The Landscape Architect may approve an application for vegetation removal based on the following criteria: a. A tree Can not be maintained by proper canopy, root pruning or root barriers and has become a safety hazard to pedestrian or vehicular traffic, utilities or to an existing structure. b. A tree is growing too close in proximity to another tree(s) to permit normal growth and development of the affected tree(s). c. Other public health and safety circumstances as determined by the county landscape architect. Page 119 of 156 4 Application requirements An application for Cultivated Tree Removal Permit shall be completed and submitted to the County Manager or his designee The application shall include the following: a Proof of ownership such as a warranty deed or tax statement. b A site plan depicting the location of proposed trees to be removed, proposed replacement or relocated trees buildings, paved areas, structures and utilities. The County Manager or his designee may require that said plans be prepared by a landscape architect registered in the State of Florida when the tree removal exceeds 10 trees If the site plan does not provide sufficient information to determine which trees will be affected by the proposed tree removals the County Manager or his designee may require that a tree survey of the site be prepared and submitted to the County Manager or his designee for review. c A letter of approval of the tree removal from the Homeowner and or Master Association if applicable. d. Addressing Check List. 5 Permit conditions The Landscape Architect shall issue a Cultivated Tree Removal Permit when the applicant for such permit has agreed to fulfill one (1) of the following conditions: a That the minimum code required tree, if transplanted, will be moved established and maintained using proper arboricultural and horticultural practices and as outlined in section 4.06.05 of the Code. b That the minimum code required tree(s), if destroyed, be substituted with an equivalent replacement or replacements, approved by the county landscape Architect, planted on the site from which the destroyed tree(s) were removed. Sufficient space shall remain on the site allowing replacements to establish a mature canopy spread based on usual growth characteristics. SUBSECTION 3.13D. AMENDMENTS TO SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES Section 10.02.13 Planned Unit Development (PUD) Procedures, of Ordinance 04- 41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.13 Planned unit DEVELOPMENT (PUD) procedures. E. Changes and amendments. The County Manager or his designee 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: Page 120 of 156 d. Relocation or reconfiguration of lakes, ponds, or other water facilities subject to the submittal of revised water management plans, or approval of the EAC where applicable. J 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 months An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. The County Manager or his designee 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. K Dedication of the public facilities and development of prescribed amenities. 1 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 n 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 rezone or as otherwise extended in writing by the county manager or his designee, 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. 2 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 for consideration of rezoning the subject Parcel from its current PUD zoning district to an appropriate zoning Page 121 of 156 district and may result in a violation of this Code pursuant to subsection 8.08.00 B. 3 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. L. Common open space or common facilities. Any common open space or common facilities established by an adopted master plan of development for a PUD district shall be subject to the following: 1. The PUD shall provide for and establish an organization for the ownership and maintenance of any common open space and/or common facilities, and such organization shall not be dissolved nor shall it dispose of any common open space or common facilities, by sale or otherwise, except to an organization conceived and established to own and maintain the common open space or common facilities. However, the conditions of transfer shall conform to the adopted PUD master plan. 2. In the event that the organization established to own and maintain common open space or common facilities, or any successor organization, shall at any time after the establishment of the PUD fail to meet conditions in accordance with the adopted PUD master plan of development, the development services director may serve 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 subiect 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. SUBSECTION 3.EE. AMENDMENTS TO SECTION 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD Section 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, the EAC, and the Historic Preservation Board, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, the EAC, and the Historic Preservation Board Page 122 of 156 B. Notice and public hearing where proposed amendment would change zoning classification of land and for conditional uses and variances, for planned unit development (PUD) rezoning extensions. In the case of an application for extension of PUD zoning status or the rezoning of land, to include rezonings, conditional uses and variances initiated by other than the board of county commissioners or amendments to planned unit developments, such provisions shall be enacted or amended pursuant to the following public notice and hearing requirements by the planning commission and the board of county commissioners. PUD extensions, Rezoning, conditional use and variance petitions initiated by the board of county commissioners or its agencies for county owned land shall be subject to these provisions. 1 Applications for a PUD extension whether initiated by the Applicant or the BCC shall only be heard by the BCC pursuant to the notice and advertising requirements set forth in sections 10.03.05 B.S. and 9. of this code. 2 In the case of PUD extensions pursuant to sections 10.02.13 CA., 10 02 13 C 5 a and 10 02 13 C.6. of this code a sign shall be posted at least 15 days prior to the date of the hearing before the BCC and shall conform to the applicable sign requirements listed in subsections 3.c. 3.d.. 4 and 5 below. 4 3. A sign shall be posted at least 15 days prior to the date of the public hearing by the planning commission. The sign to be posted shall contain substantially the following language and the sign's copy shall utilize the total area of the sign: a. PUBLIC HEARING TO REZONE THIS PROPERTY: FROM TO TO PERMIT: DATE: TIME: (or where applicable the following:) b. PUBLIC HEARING REQUESTING CONDITIONAL USE (VARIANCE) APPROVAL (both to contain the following information:) TO PERMIT: (Sufficiently clear to describe the project) DATE: c The sign advising of the PUD extension hearing shall be in substantially the following format: PUBLIC HEARING FOR A PLANNED UNIT DEVELOPMENT (PUD) EXTENSION TO PERMIT: (set forth alternatives -going to the BCC) DATE: TIME: Page 123 of 156 ALL OF THE ABOVE TO BE HELD IN COMMISSIONERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER HARMON TURNER BUILDING 3301 E. TAMIAMI TRAIL NAPLES FLORIDA 34112. d. The area of the signs shall be as follows: a- i. For properties less than one acre in size, the sign shall measure at least one and one-half square feet in area. ii. For properties one acre or more in size, the sign shall measure at least 32 square feet in area. 4. In the case of signs located on properties less than one acre in size, a sign shall be erected by the County Manager or his designee in full view of the public on each street side of the subject property. 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 notation indicating generally the distance and direction to the subject property. 3-5. In the case of signs located on properties one acre or more in size, the applicant shall be responsible for erecting the required sign(s). A sign shall be erected in full view of the public on each street upon which the subject property has frontage. 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 County Manager or his designee 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 County Manager or his designee from the applicant requesting to withdraw the petition or requesting its indefinite continuance. 4.6. The planning commission shall hold one advertised public hearing. Notice of the time and place of the public hearing by the planning commission shall be sent at least 15 days in advance of the hearing by mail to the owner of the subject property or his designated agent or attorney, if any. 6-.7. Notice of the time and place of the public hearing by the planning commission 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 Page 124 of 156 identifies the approximate geographic location of the subject property. g g. For subject properties located within the urban designated area of the future land use element of the growth management plan, notice of the time and place of the public hearing by the planning commission shall be sent by the county twice. The first notice shall be sent no less than 30 days after the receipt of a sufficient application by the ptaaaiag County Manager or his designee. The second notice shall be sent at least 15 days in advance of the hearing. Both notices shall be sent by mail to all owners of property within 500 feet of the property lines of the land for which an approval is sought; provided, however, that where the land for which the approval is sought is part of, or adjacent to, land owned by the same person, the 500 foot distance shall be measured from the boundaries of the entire ownership or PUD, except that notice need not be mailed to any property owner located more than one-half mile (2,640 feet) from the subject property. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. g. For subject properties located within areas of the future land use element of the growth management plan that are not designated urban, all of the foregoing notice requirements apply, except that written notification must be sent to all property owners within 1,000 linear feet of the subject property. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have formally requested the county to be notified. 8-.10. 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. 4-.11. The clerk to the board of county commissioners shall notify by mail each real property owner whose land is subject to rezoning, or PUD amendment, and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed ordinance or resolution. Such notice shall be given at least 15 days prior to the date set for the public hearing, and a copy of such notices shall be kept available for public inspection during the regular business hours of the clerk to the board of county commissioners. 4G 12. 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. C Development of Regional Impact (DRI) Procedures - 1. Purpose The purpose of this section is to set forth the requirements for the establishment of DRIs the amendment of DRI development orders and the abandonment of DRIs. 2 Notice of Planning Commission Hearing. a Signage The signage requirements advertising Collier County Planning Commission hearings shall be as set forth in subsections 10 03 05 B.3. through B.5. of this code The reawred scan shall be in substantially the followina format: Page 125 of 156 PUBLIC HEARING REQUESTING DEVELOPMENT OF REGIONAL IMPACT APPROVAL/AMENDMENT OF A DRI DEVELOPMENT ORDER/ABANDONMENT OF DRI STATUS (select applicable option) TO PERMIT: (Sufficiently clear to describe the proiect) DATE: TIME: TO BE HELD IN THE BCC MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER HARMON TURNER BUILDING 3301 E TAMIAMI TRAIL, NAPLES, FLORIDA, 34112. b. Notice to Property Owners. The individual notice to property owners for the Collier County Planning Commission hearing shall be as set forth in subsections 10.03.05 B.6., 10.03 05 B.8 and 10.03.05 B.9. of this code. c. Newspaper advertisement. The requirements for the newspaper advertisement of the Collier County Planning Commission hearinq shall be as set forth in subsection 10.03.05 B.7. of this code 3. Planning Commission Hearin- The Planning Commission shall hold one advertised public hearing on the proposed establishment of the DRI, amendment of DRI development order or abandonment of DRI development order, as the case may be. 4. Notice of BCC Hearin-. a. Notice to Property Owners. The individual notice to property owners shall be as set forth in subsection 10.03.05 B.11. of this code. b. Newspaper advertisement. The requirements for the newspaper advertisements of the BCC hearing shall be as set forth in subsection 10.03.05 B.10. of this code and subsection 380.06 (11) Florida Statutes, as may be amended. 5. BCC Hearing. The BCC shall hold one advertised public hearing on the proposed establishment of the DRI amendment of DRI development order, or abandonment of DRI development order, as the case may be. Upon conclusion of the hearing the BCC 'may immediately adopt the resolution approving the establishment of the DRI, amendment of DRI development order, or abandonment of DRI development order, as the case may be. 6. Statutory Requirements. All statutory requirements as set forth in subsections 380.06 (9) through (12). 380.06 (19) and 380.06 (26) Florida Statutes, as may be amended, together with the implementing regulations applicable to DRIs set forth in the Florida Administrative Code shall apply. G- D. Notice and public hearing where proposed amendment initiated by the board of county commissioners would change the zoning map designation of a parcel or parcels of land involving less than ten contiguous acres of land. In cases in which the proposed comprehensive rezoning action, including but not limited to those provided for in the Zoning Reevaluation Ordinance (90-23) [Code ch. 106, art. II], initiated by the board of county commissioners or its designee involves less than ten contiguous acres of land [such provisions] shall be enacted or amended pursuant to the following public notice and hearing requirements by the planning commission and the board of county commissioners. Page 126 of 156 13: E. Notice and public hearing requirements where proposed amendment initiated by the board of county commissioners would change the zoning map designation of a parcel or parcels involving ten contiguous acres or more of land in the county or would change the actual list of permitted, conditional, or prohibited uses of land within a zoning category. Ordinances or resolutions initiated by the board of county commissioners which propose to change to the zoning map designation of a parcel or parcels of land involving ten acres or more of land, or which changes the actual list of permitted, conditional or prohibited uses of land within a zoning category shall be enacted or amended pursuant to the foilowing minimum public notice and hearing requirements: F. Public participation requirements for rezonings, PUD amendments, conditional uses, variances or parking exemptions. 1. Applicants requesting a rezoning, PUD amendment, or conditional use approval must conduct at least one Neighborhood Informational Meeting ("NIM") after initial staff review and comment on the application and before the Public Hearing is scheduled with the Planning Commission. The appropriate number of staff reviews of the application returned before the NIM can be held will be at the discretion of the County Manager or his designee, only in cases where one or two pending reviews are unnecessarily hindering the applicant from presenting the proposal to the public. Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the county pursuant to section 1 n� n 6 10.03.05 B. above. 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 must be provided and maintained by the county, but the applicant must 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, must be furnished to the p4aRRing-sew+ses depar#ffieAt County Manager or his designee and the office of the board of county commissioners no less than ten days prior to the scheduled date of the neighborhood informational meeting. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must further cause a display advertisement, one-fourth page, in type no smaller than 12 point and must not be placed in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The advertisement is to be placed within a newspaper of general circulation in the county at least seven days prior to, but no sooner than five days before, the neighborhood informational meeting. The Collier County staff planner assigned to attend the pre -application meeting, or designee, must also attend the neighborhood informational meeting and shall serve as the facilitator of the meeting, however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and to provide a copy of same to the County Manager or his designee. Page 127 of 156 F— G. Planning commission hearing and report to the board of county commissioners. Cr H. Nature of requirements of planning commission report. When pertaining to the rezoning of land, the report and recommendations of the planning commission to the board of county commissioners required in 10.02.12 D. shall show that the planning commission has studied and considered the proposed change in relation to the following, when applicable: A I. Adequate public facilities. The petitioner may provide all required existing community and public facilities and services for the requested rezone needs in any one of the following manners: f J. Other proposed amendments. When pertaining to other proposed amendments of these zoning regulations, the planning commission shall consider and study: J- K. Restrictions, stipulations and safeguards. The planning commission may recommend that a petition to amend, supplement or establish a zoning district be approved subject to stipulations, including, but not limited to limiting the use of the property to certain uses provided for in the requested zoning district. The governing body, after receiving the recommendation from the planning commission on a request to amend, supplement or establish a zoning district, may grant or deny such amendment or supplement and may make the granting conditional upon such restrictions, stipulations and safeguards as it may deem necessary to ensure compliance with the intent and purposes of the growth management plan. 1. Restrictions, stipulations and safeguards attached to an amendment, supplement, or establishment of a zoning district may include, but are not limited to those necessary to protect adjacent or nearby landowners from any deleterious effects from the full impact of any permitted uses, limitations more restrictive than those generally applying to the district regarding density, height, connection to central water and sewer systems and stipulations requiring that development take place in accordance with a specific site plan. The maximum density permissible or permitted in a zoning district within the urban designated area shall not exceed the density permissible under the density rating system. The board of county commissioners shall be required to condition and limit the density of a zoning district to a density not to exceed the maximum density permissible under the density rating system. The governing body may also stipulate that the development take place within a given period of time after which time public hearings will be initiated and the district returned to the original designation or such other district as determined appropriate by the governing body in accordance with the growth management plan and sections 10.02.12 D. and 10.02.08 L. Any restrictions, stipulations and safeguards attached to an amendment or rezoning including those identified in section 10.02.08 H. may be indicated on the official zoning atlas in a manner deemed by the county to be appropriate and informative to the public. In cases where stipulations, restrictions or safeguards are attached, all representations of the owner or his agents at public hearings shall be deemed contractual and may be enforced by suit for injunction or other appropriate relief. All conditions, restrictions, stipulations and safeguards which are a condition to the granting of the change in zoning district shall be deemed contractual and may be enforced by suit for injunction or other appropriate relief. All costs, including reasonable attorney's fees shall be awarded to the Page 128 of 156 governmental unit if it prevails in such suit. 2. Dedication of public facilities and development of prescribed amenities. a. Public facility dedication. The board of county commissioners may, as a condition of approval and adoption of the rezoning required 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 such public facilities, the market value of the land set aside for the public purpose shall be credited towards impact fees to the extent authorized by the County's Consolidated Impact Fee Ordinance. Said credit shall be based on a negotiated amount not 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 rezone, or as otherwise extended in writing by Collier County, so as to establish the amount of any impact fee credits resulting from said dedication. Failure to provide said appraisal within this 90 -day time frame shall automatically authorize the county to determine the market value of the property. Impact fee credits shall only be effective after recordation of the conveyance 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 dependant district of Collier County Government. b. Land set aside and/or to be improved as committed as part of the rezoning approval 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 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 condition on, the approval of the rezoning action. 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, at the developer's sole expense, except as otherwise approved by the board. Failure to deed the land or complete the dedication within the 90 day appropriate time frame noted above may result in a recommendation to the board of for consideration of rezoning the subject parcel from its current zoning district to an appropriate zoning district and may in a violation of this Code pursuant to section 8.08.00. c. Should the dedication of land also include agreed upon improvements, said improvements shall be completed and accepted by 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 ordinance approving the rezone. K L. Status of planning commission report and recommendations. The report and recommendations of the planning commission required by section 10.02.08 D. through H. shall be advisory only and not be binding upon the board of county commissioners. t— M. Board of county commissioners: action on planning commission report. Page 129 of 156 --� M-. N. Failure of board of county commissioners to act. If a planning commission recommendation is not legislatively decided within 90 days of the date of closing of the public hearing by the board of county commissioners, the application upon which the report and recommendation is based shall be deemed to have been denied, provided that board of county commissioners may refer the application to the planning commission for further study. N-: O. Limitations on the rezoning of property O- P. Applications for rezones to a specific use. The applicant for any rezoning application may, at his or her option, propose a specific use or ranges of uses permitted under the zoning classification for -which application has been made. As a condition of approval of such proposal, the development of the property which was the subject of the rezoning application shall be restricted to the approved use or range of uses. Any proposed addition to the approved use or range of uses shall require resubmittal of a rezoning application for the subject property. R- Q. Waiver of time limits. The time limits of (N) above may be waived by three affirmative votes of the board of county commissioners when such action is deemed necessary to prevent injustice or to facilitate the proper development of Collier County. R. Site development plan time limits. Approved final site development plans (SDPs) only remain valid and in force for two years from the date of approval unless construction has commenced as specified in section 10.02.03 of this Code. If no development, i.e., actual construction, has commenced within two years, measured from the date of such site development plan approval, the site development plan 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 complies with the requirements of the then existing code. Once construction has commenced, the approval term will be determined by the provisions of section 10.02.03 of this Code. R-: S. Rezoning application processing time. An application for a rezoning, amendment or change will be considered 'open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. An application for a 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, amendment or change, for a period of six months. An application deemed 'closed" will not receive further processing and shall be withdrawn. An application 'closed" through inactivity shall be deemed withdrawn. The plaRning--seNises depaFtm County Manager or his designee will notify the applicant of closure, however, failure to notify by the county shall not eliminate the 'closed" status of a petition. An application deemed 'closed" may be re -opened by submission of a new application, repayment of all application fees and the grant of a determination of "sufficiency". Further review of the request will be subject to the then current code. SUBSECTION 3.FF. AMENDMENTS TO APPENDIX A STANDARD LEGAL DOCUMENTS FOR BONDING OF REQUIRED IMPROVEMENTS Page 130 of 156 Appendix A Standard Legal Documents for Bonding of Required Improvements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: APPENDIX A STANDARD I PGA6 PERFORMANCE SECURITY DOCUMENTS FOR SONDING OF REQUIRED IMPROVEMENTS The following specimen forms are to be used as a guide to for preparation of bonding instruments which will be submitted to the Collier County bBoard of sCommissioners for guaranteeing the completion of required improvements with respect to this eCode. Adherence to the forms will assure an expeditious review by the dDevelopmenl sServices dDepartment and the Collier County aAttorney's eOffice. Deviation in substance or form from the suggested specimen forms may result in a substantial delay or disapproval of the bonding provisions for the xRequired +Improvements by the dDevelopment sServices dDepartment or the sCounty aAttorney's eOffice. These specimen forms may be revised from time to time by resolution of the bBoard of sCounty sCommissioners. IRREVOCABLE STANDBY LETTER OF CREDIT NO. (insert issuer's identifying number) ISSUER: (insert full name, aad street address and telephone number of Issuer) (hereinafter "Issuer"). PLACE OF EXPIRY: At Issuer's counters. DATE OF EXPIRY: This Credit shall be valid until (insert date of first anniversary of date of issue), and shall thereafter be automatically renewed for successive one-year periods on the anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew this Credit. APPLICANT: (insert full name of person or entity) (hereinafter "Applicant") (insert Applicant's current business address). BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary") c/o Engineerino Review Services 2800 North Horseshoe Drive, Naples, Florida 34104. AMOUNT: $ (insert dollar amount) (U.S.) up to an aggregate thereof. CREDIT AVAILABLE WITH: Issuer. BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "(insert name of Applicant) has failed to construct and/or maintain the improvements associated with that certain plat of a subdivision known as (insert name of subdivision) or a final inspection satisfactory to Collier County has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary." DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under (insert name of Issuer) Credit No. (insert Issuer's number identifying this Letter of Credit), dated (insert original date of issue.)" The original Letter of Credit and all amendments, if any, must be presented for proper endorsement. This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to any document, instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Page 131 of 156 Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this Credit will be duly honored by Issuer if presented within the validity of this Credit. This Credit is subject to the Uniform Customs and Practice for Documentary Credits (1983 1993 Revision) International Chamber of Commerce Publication No. 499 500. (Name of Issuer) By: Printed Name/Title (President, Vice President. or CEO) (Provide proper Evidence of Authority) Page 132 of 156 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that (NAME OF OWNER) (ADDRESS OF OWNER) (hereinafter referred to as "Owner") and (NAME OF SURETY) (ADDRESS/TELEPHONE NUMBER OF SURETY) (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period"). NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this day of WITNESSES: (Owner Name and Title if Corporation) BY: Printed Name Printed Name/Title (Provide Proper Evidence of Authority) Page 133 of 156 Printed Name ACKNOWLEDGMENT STATE OF COUNTY OF THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 20 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME OR HAS PROCUCED AS IDENTIFICATION. Notary Public — State of Printed Name WITNESSES: (Surety Name and Title if Corporation) Printed Name Printed Name/Title (Provide Proper Evidence of Authority) Printed Name ACKNOWLEDGMENT STATE OF COUNTY OF THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 20 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PROCUCED AS IDENTIFICATION. Notary Public — State of Printed Name Page 134 of 156 CONSTRUCTIFON, MAINTE NANCE S ON AND ESCROW AGREEMENT SUBDIV THIS AGREEMENT entered into this day of 20 by (description of entity) (hereinafter "Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter "The Board") and (hereinafter "Lender"). RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: B. The subdivision will include certain improvements which are required by Collier County ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by , a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement, the "Required Improvements" are limited to those described in the Estimate. C. Sections 10.02.05 (C_) and 10.02.04 of the Collier County Subdivision Code Division of the Unified Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. Lender has entered into a construction loan agreement with Developer dated Account No. (the "Construction Loan") to fund the cost of the Required Improvements. E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is $ , and this amount represents 110% of the Developer's engineer's estimate of the construction costs for the Required Improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer, the Board and the Lender do hereby covenant and agree as follows: 1. Developer will cause the water, sewer, roads, drainage and like facilities, the Required Improvements, to be constructed pursuant to specifications that have been approved by the Development Services Director within months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Lender to hold $ from the Construction Loan, in escrow, pursuant to the terms of this Agreement. 3. Lender agrees to hold in escrow $ from the Construction Loan, to be disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement shall not constitute a draw against the Construction Loan fund, but that only such funds as are actually disbursed, whether pursuant to this Agreement or a provision of the Construction Loan, shall accrue interest. 4. The escrowed funds shall be released to the Developer only upon written approval of the Development Services Director who shall approve the release of the funds on deposit not more than once a month to the Developer, in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work costs less ten percent (10%); and further, that upon completion of the work, the Development Services Director shall approve the release of any remainder of escrowed funds except to the extent of $ which shall remain in escrow as a Developer guaranty of maintenance of the Required Improvements for a minimum period of one (1) year pursuant to Paragraph 10 of the Agreement. However, in the event that Developer shall fail to comply with the requirements of this Agreement, then the Lender agrees to pay to the County immediately upon demand the balance of the funds held in escrow by the Lender, as of the date of the demand, provided that upon payment of such balance to the County, the County will have executed and delivered to the Lender in exchange for such funds a statement to be signed by the Development Services Director to the effect that: (a) Developer for more than sixty (60) days after written notification of such failure has failed to comply with the requirements of this agreement; Page 135 of 156 (b) The County, or its authorized agent, will complete the work called for under the terms of the above-mentioned contract or will complete such portion of such work as the County, in its sole discretion shall deem necessary in the public interest to the extent of the funds then held in escrow; (c) The escrow funds drawn down by the County shall be used for construction of the Required Improvements, engineering, legal and contingent costs and expenses, and to offset any damages, either direct or consequential, which the County may sustain on account of the failure of the Developer to carry out and execute the above-mentioned development work; and, (d) The County will promptly repay to the Lender any portion of the funds drawn down and not expended in completion of the said development work. 5. Written notice to the Lender by the County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the Lender for release of only those t#ae specified funds to the Developer. Payment by the Lender to the Developer of the amounts specified in a letter of authorization by the County to the Lender shall constitute a release by the County and Developer of the Lender for the specified funds disbursed in accordance with the letter of authorization from the County. 6. The Required Improvements shall not be considered semplete for preliminary approval until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Subdivision Regulations. 7. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the Required Improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 8. Should the funds held in escrow be insufficient to complete the Required Improvements, the Board, after duly considering the public interest, may at its option complete the Required Improvements and resort to any and all legal remedies against the Developer. 9. Nothing in this Agreement shall make the Lender liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provisions; provided, that the Lender does not release any monies to the Developer or to any other person except as stated in this Escrow Agreement.. to include closing the account, or disbursing any funds from the account without first requesting and receiving written approval from the County. 10. The Developer shall maintain all Required Improvement for one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer and upon submission of a written request for inspection, the Development Services Director shall inspect the Required Improvements and, if found to be still in compliance with the Code as reflected by final approval by the Board, the Lender's responsibility to the Board under this Agreement is terminated. The Developer's responsibility for maintenance of the Required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 11. All of the terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the Developer and the Lender. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this day of 20 SIGNED, SEA' fDeY0l9P6F Namei IN THE PRESFE GR Page 136 of 156 SIGNED IN THE PRESENCE OF: Printed Name Printed Name ATTEST: DWIGHT E. BROCK, CLERK BY: Deputy Clerk Approved as to form and legal sufficiency: Assistant County Attomey (Name of Entity) BY Print Name/Title (President, VP, or CEO) (Provide Proper Evidence of Authority) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Page 137 of 156 Chairman CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this day of , 20 between hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board." RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: B. Chapters 4 and 10 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: Developer will cause to be constructed: within months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $ which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. Page 138 of 156 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete, Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this day of 20 SIGNED IN THE PRESENCE OF: Name of Entity) Printed Name By: Printed Name/Title (President. VP, or CEO) (Provide Proper Evidence of Authority) Page 139 of 156 Printed Name ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA DepUty Clerk By: Approved as to form and legal sufficiency: Assistant County Attomey Page 140 of 156 , Chairman Page 141 of 156 Page 142 of 156 Lb yLb �.17�y1_� Page 143 of 156 Page 144 of 156 Page 145 of 156 SUBSECTION 3.GG. AMENDMENTS TO APPENDIX C FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION Appendix C Final Subdivision Plat, Required Certifications and Suggested Text and Formats for Other Required Information, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: APPENDIX C FINAL SUBDIVISION PLAT REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION (See LDC section 10.02.04 for applicable, specific provisions) The following text and format are intended as a guide for pFepeFeFs preparation of those platting materials required to be submitted to reviewing authorities, including the pProject FReview eServices dDepartment, aUtilities dDivision, GCounty #Health dDepartment, GCounty aAttorney and the IaBoard of GCounty GCommissioners. Adherence to this format and text will substantially expedite review. Substantial deviation in substance or form from the suggested text and format may result in delay or disapproval of the submitted plat. SURVEYOR'S CERTIFICATE Page 146 of 156 Sate ef Fls�ida I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED FROM A BOUNDARY SURVEY OF THE PROPERTY PERFORMED BY ME OR UNDER MY SUPERVISION, AS PROVIDED IN CHAPTER 177.041 FLORIDA STATUTES AND THAT THIS PLAT COMPLIES WITH ALL THE REQUIREMENTS OF CHAPTER 177, PART 1, AS AMENDED, FLORIDA STATUTES. IT IS FURTHER CERTIFIED THAT ALL PERMANENT REFERENCE MONUMENTS WILL BE SET PRIOR TO THE RECORDING OF THIS PLAT AND THAT THE PERMANENT CONTROL POINTS AND LOT CORNERS WILL BE SET PRIOR TO FINAL ACCEPTANCE OF THE REQUIRED IMPROVEMENTS. (signature) (TYPED OR PRINTED NAME HERE) DATE Include Florida Professional Land Surveyor No. COUNTY OF COLLIER FbWa. THIS PLAT APPROVED FOR RECORDING IN A REGULAR OPEN MEETING BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THIS DAY OF 20 PROVIDED THAT THE PLAT IS FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF COLLIER COUNTY, FLORIDA DWIGHT E. BROCK (Name of Chairman), CHAIRMAN CLERK OF CIRCUIT COURT BOARD OF COUNTY COMMISSIONERS IN AND FOR COLLIER COUNTY COLLIER COUNTY FLORIDA FILING RECORD I heFGby saFtify that this plat har. beeR examiRed by FRe and that it Gemplies �.A.pwth the nt6 of Ghapter ., r d At � (a FA , P.M.) th'c day of , 29 , A.D. and Goida. I HEREBY CERTIFY THAT THIS PLAT HAS BEEN EXAMINED BY ME AND THAT IT COMPLIES IN FORM WITH THE REQUIREMENTS, OF CHAPTER 177, FLORIDA STATUTES. I FURTHER CERTIFY THAT SAID PLAT WAS FILED FOR RECORD AT Page 147 of 156 a.m. or .m. THIS DAY OF 20 AND DULY RECORDED IN PLAT BOOK PAGE(S) JN OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. DWIGHT E. BROCK CLERK OF CIRCUIT COURT IN AND FOR COLLIER COUNTY ENGINEERING SERVICES ENGINEF=RING �Gv'cinr c�wirGc THIS PLAT APPROVED BY THE ENGINEERING SERVICES DEPARTMENT OF THE COMMUNITY DEVELOPMENT DIVISION OF COLLIER COUNTY FLORIDA THIS DAY OF 20 S#es4eF Ge1 (TYPED NAME) ENGINEERING SERVICES DIRECTOR/COUNTY ENGINEER COLLIER COUNTY, FLORIDA COUNTY ATTORNEY THIS PLAT APPROVED BY THE COLLIER COUNTY ATTORNEY THIS DAY OF 20 (TYPED NAME) ASSISTANT COUNTY ATTORNEY STATE OF FLORIDA COUNTY OF COLLIER KNOW ALL MEN BY THESE PRESENTS THAT (OWNER(S)) THE OWNERS) OF THE LANDS DESCRIBED HEREON, HAVE CAUSED THIS PLAT ENTITLED (NAME OF SUBDIVISION) TO BE MADE AND DO HEREBY: Page 148 of 156 develepme A Fegulaiieas- A. DEDICATE TO THE (insert homeowners' association or legal entity) Private road rights-of-way, as follows: TRACT "R" AS A PRIVATE ROAD RIGHT-OF-WAY (R.O.W.) (insert street name) SUBJECT TO THE EASEMENTS DEPICTED HEREON (insert easements: i.e., R.O.W., C.U.E.,P.U.E. D.E., etc.) WITH RESPONSIBILITY FOR MAINTENANCE. 2. Drainage or stormwater management easements as follows: ALL DRAINAGE EASEMENTS (D.E.) FOR STORMWATER MANAGEMENT PURPOSES WITH RESPONSIBILITY FOR MAINTENANCE. 3. Landscape buffer easements as follows: ALL LANDSCAPE BUFFER EASEMENTS (L.B.E.) WITH RESPONSIBILITY FOR MAINTENANCE. Lake maintenance easements as follows: ALL LAKE MAINTENANCE EASEMENTS WITH RESPONSIBILITY FOR MAINTENANCE. 5. Access easements as follows: ALL ACCESS EASMENTS WITH RESPONSIBILITY FOR MAINTENANCE. 6. Or any other similar easement or tract intended to be dedicated for a Page 149 of 156 set purpose, or purposes. 7 All conservation/preserve areas/easements as follows: ALL (CONSERVATION or PRESERVE) (TRACTS or EASEMENTS) ARE DEDICATED AS COMMON AREAS WITH PERPETUAL RESPONSIBILTY FOR MAINTENANCE. THE (CONSERVATION or PRESERVE) (TRACTS or EASEMENTS) MAY IN NO WAY BE ALTERED FROM THEIR NATURAL OR PERMITTED STATE. ACTIVITIES PROHIBITED WITHIN THE (CONSERVATION or PRESERVE) AREAS INCLUDE BUT ARE NOT LIMITED TO CONSTRUCTION OR PLACING OF BUILDINGS ON OR ABOVE THE GROUND: DUMPING OR PLACING SOIL OR OTHER SUBSTANCES SUCH AS TRASH;_ REMOVAL OR DESTRUCTION OF TREES SHRUBS OR OTHER VEGETATION WITH THE EXCEPTION OF EXOTIC/NUISANCE VEGETATIONREMOVAL; EXCAVATION DREDGING OR REMOVAL OF SOIL MATERIAL DIKING OR FENCING; ANY OTHER ACTIVITIES DETRIMENTAL TO DRAINAGE; FLOOD CONTROL WATER CONSERVATION, EROSION CONTROL, OR FISH AND WILDLIFE HABITAT CONSERVATION OR PRESERVATION. Such tracts or easements must be dedicated to a homeowners' association, or to any other lawfully existing entity which has or would have at the time of final plat recording the power or authority to perform the obligation to maintain along with the responsibility for such maintenance. B. DEDICATE TO COLLIER COUNTY: 1 The public rights-of-way (insert name) or depicted streets, roads, or access, as follows: TRACT "A" AS A PUBLIC ROAD RIGHT-OF-WAY (R.O.W.) SUBJECT TO THE EASEMENTS DEDICATED AND DEPICTED HEREON (list all ROW easements) WHICH EASEMENTS ARE SUBORDINATE TO, AND MAY NOT BE USED INCONSISTENT WITH THE USE OF THE RIGHTS-OF-WAY BY COLLIER COUNTY FOR ROADWAY PURPOSES INCLUDING BUT NOT LIMITED TO PAVEMENT ROADWAY DRAINAGE, BIKE LANES SIDEWALKS, AND PATHWAYS. ALL (CONSERVATION or PRESERVE) (TRACTS or EASEMENTS) WITHOUT RESPONSIBILTY FOR MAINTENANCE AND SUBJECT TO THE CONDITIONS OF THE DEDICATION IN PARAGRAPH A. 7 (name of appropriate paragraph) ABOVE 2 Any tracts or easements intended to be conveyed to the public for such purposes as they may be required, i.e., canal rights-of- wayleasements drainage or stormwater management easements, preserve/conservation areas/easements, etc., to include, but not be limited to the following examples: ALL DRAINAGE EASEMENTS (D.E.1 WITHOUT RESPONSIBILITY FOR MAINTENANCE. ALL LAKE MAINTENANCE EASEMENTS (L.M.E.) WITHOUT RESPONSIBILITY FOR MAINTENANCE. C DEDICATE To THE Collier County Water -Sewer District for any other applicable entitv: i.e., Immokalee Water -Sewer District, etc.l: 1 All County Utility Easements (C.U.E.$) for the purposes of utility installation, construction operation or maintenance including the right of access to perform any such purpose. 2 All interim water and sewer utility facilities constructed within this platted area upon acceptance of those interim utility facilities pursuant to the applicable County regulations including those set forth in the Code of Laws and Ordinances, Chapter 134. Page 150 of 156 D DEDICATE A NON-EXCLUSIVE PUBLIC UTILITY EASEMENT (P.U.E.) TO ALL LICENSED OR FRANCHISED PUBLIC OR PRIVATE UTILITIES AS SHOWN ON THIS PLAT FOR PUBLIC UTILITY PURPOSES INCLUDING CONSTRUCTION INSTALLATION MAINTENANCE AND OPERATION OF THEIR RESPECTIVE FACILITIES INCLUDING CABLE TELEVISION SERVICES PROVIDED THAT SUCH USES BE SUBJECT TO AND NOT INCONSISTENT WITH THE USE BY THE COLLIER COUNTY WATER - SEWER DISTRICT. IN THE EVENT A CABLE COMPANY DAMAGES THE FACILITIES OF ANOTHER PUBLIC UTILITY IT WILL BE SOLELY RESPONSIBLE FOR SAID DAMAGES. E RESERVE TO THE (appropriate owner entity(s) name(s)): Aany tracts intended for "Future Development," or being retained for other stated, specific and allowed purposes. BE SURE TO PROVIDE A SEPARATE ACKNOWLEDGMENT FOR EACH OWNER WITNESSES: (NAME OF ENTITY) (TYPED NAME/TITLE OF OWNER) PRINTED NAME (Include proper evidence of authority) PRINTED NAME ACKNOWLEDGMENT STATE OF COUNTY OF THE FOREGOING DEDICATIONS WERE ACKNOWLEDGED BEFORE ME THIS DAY OF 1 2004 BY (NAME OF PERSON MAKING ACKNOWLEDGMENT) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME OR HAS PROCUCED _ AS IDENTIFICATION NOTARY PUBLIC — STATE OF (SEAL) PRINTED NAME All dedications and consents are to be executed and acknowledged in accordance with the applicable sections of Chapters 689 and 692 of the Florida Statutes. Page 151 of 156 PLEASE NOTE: AT THE APPLICANT'S DISCRETION, MORTGAGEE'S CONSENTS AND ACKNOWLEDGMENTS IN SUBSTANTIALLY THE FOLLOWING FORM MAY BE PROVIDED AS A SEPARATE INSTRUMENT AS SET FORTH IN § 177.081(2), F.S., ADDITIONAL RECORDING FEES MAY BE REQUIRED IF SUCH SEPARATE CONSENTS ARE PROVIDED. IS140R.TGAGEE'S CONSENT MORTGAGEE'S CONSENT STAT€ OP F-1=9RIBA rno�l�lc=o STATE OF COUNTY OF (mortgagee) AUTHORIZED TO TRANSACT BUSINESS IN THE STATE OF FLORIDA HEREBY CERTIFIES THAT IT IS THE HOLDER OF A MORTGAGE UPON THE HEREIN DESCRIBED PROPERTY AS RECORDED IN O.R. BOOK . PAGE OF THE PUBLIC RECORDS OF COLLIER COUNTY AND DOES HEREBY JOIN IN AND CONSENT TO THE DEDICATION OF THE PROPERTY BY THE OWNER, AND AGREES THAT ITS MORTGAGE SHALL BE SUBORDINATED TO THE DEDICATIONS SHOWN HEREON. nlene� _�LzITI C (NAME OF ENTITY) (signature) (TYPED NAME AND TITLE) ACKNOWLEDGMENT STATE OF COUNTY OF THE FOREGOING MORTGAGEE'S CONSENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 1 2004, BY (NAME OF PERSON MAKING ACKNOWLEDGMENT) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME OR HAS PROCUCED AS IDENTIFICATION. NOTARY PUBLIC — STATE OF (SEAL) PRINTED NAME All dedications and consents are to be executed and acknowledged in accordance with the applicable sections of Chapters 689 and 692 of the Florida Statutes. BE SURE TO PROVIDE A SEPARATE ACKNOWLEDGMENT FOR EACH MORTGAGE Page 152 of 156 SUBSECTION 3.HH. AMENDMENTS TO APPENDIX H LDC/UDC COMPARATIVE TABLES Appendix H LDC/UDC Comparative Tables, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: APPENDIX H - LDCIUDC COMPARATIVE TABLES The tables contained in this Appendix provide a detailed cross-reference between the sections of the LDC in effect prior to the October 18. 2004, effective date, and the LDC sections thereafter in effect on that date. The documents are broken down into Articles, which was the format of the LDC prior to the SeptembeF 27, 2004 October 18. 2004, effective date. The LDC has been revised into a Chapter format as of the Septeffl!38F 271h, 2004 October 18, 2004 date. The contents of this Appendix are as follows: Article 1 - General Provisions Article 2 - Zoning Article 3 - Development Requirements Article 4 - Impact Fees Article 5 - Decision -Making and Administrative Bodies .1 Article 6 - Definitions ARTICLE 2- ZONING LDC LDC LDC Sub- UDC Chapter UDC Section Other Notes Division Section section Zoning Districts by Supp. 16 (Ord. Page 153 of 156 ss. 2.2.21. — Chapter 2 2.03.07 — Overlay § 2.2.27. created 2.2.25:28. Zoning Districts by Supp. 16 (Ord. 2.2.27. in Chapter 03-27), revised in 4 4.08.00 Supp. 18 (Ord. 04-08 2.2.29 2.2.29.1.- Chapter 2 2.03.07 G.6. 2. 2.2.29.3.- Chapter 10 10.02.05 F. Section created 4. and in Cycle 2. 2004 after the LDC 2.2.29.5. (2) and 6 recodification. 2.2.29.5. Chapter 4 4.02.33 (1). (3). (4) and 5 ss. 2.2.30. NRPA-2.03.08 C Revised in Supp. Page 153 of 156 2.4.4. (NRPA) & 4.06.05— §. 2.4.4. 2 03� 2.04.-00 18 (Ord. 04-08) General 2.2.31. NBMO - 2.03.08 Supp. 17 (Ord. NBMO Requirements 03-55 D 2.4.4.14. Cha ter 4 2.4.4. Chapter 4 4.06.05— §. 2.4.4. 2 03� 2.04.-00 General revised in Landscape Supp. 17 (Ord. 2.6.31. Requirements 03-55 2.4.4.14. Cha ter 4 4.06.04 D. Sub -section Chapter 4 4.06.01 — Code of Laws 2.4.4.16. General) x x * * x x * x x x x * x Page 154 of 156 2.6.30. Chapter 2 4 2 03� 2.04.-00 4.07.06 2.6.31. Relocated to Code of Laws & Ord. 2.6.32. Chapter 4 4.02.01 — Dimensional Standards 2.6.33. Throughout Temporary Use Chapter 5 — Process in see below 10.02.06 G Sub -section Chapter 5 5.03.05— Revised in 2.6.33.3. Caretaker... & Supplement 16 5.04.03— (Ord. 03-27) Temporary Uses... Sub -section Chapter 5 5.04.04 — Model 2.6.33.4. Homes... Sub- Chapter 5 5.04.05— sections Temporary 2.6.33.6.— Events 2.6.33.9. Sub -section Chapter 5 5.06.06 - Sign Added in 2.6.33.10. Standards for Supplement 18 Specific (Ordinance 04 - Situations 08 2.6.34. Chapter 5 5.04.06 - Annual (see Beach Events alsoAppx. G Permit 2.6.35. Chapter 5 5.05.09— Revised in Communication Supp. 18 (Ord. Towers 04-08 2.6.36. Chapter 5 5.05.07— Townhouse... 2.6.37. Chapter 4 4.01.02- Revised in Kitchens in Supp. 18 (Ord. Dwelling Units 04-08 2.6.39. Chapter 2 2.03.07 - Overlay Added in Supp. TDRs Zoning Districts 18 (Ord. 04- 08). 2.6.40. Chapter 2 2.05.02 - Density Added in Supp. Density Blending 18 (Ord. 04-08) Blending 2.7. Portions revised in Page 154 of 156 SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be Page 155 of 156 Supp.16 (Ord. 03-27 2.7.1. This section is not needed and is not included in the UDC. 2.7.2. 2.7.2.1. & Chapter 10 Revised in 2.7.2.2. RegaiFewents— Supp.17 (Ord. 10.02408- 03-55) Submittal Requirements 2.7.2.3. - Chapter 10 10.03.05 - Notice Revised in Requirements... 2.7.2.16. Supp.17 (Ord. 03-55 2.7.3. Chapter 10 10.02.2 13 - Revised in PUD Procedures Supp. 17 (Ord. 03-55) and § 2.7.3.5. revised in Supp. 18 Ord. 04-08 2,7.4, Chapter 10 10.08.00- Sec. 2.7.4.9. Conditional Use revised in Procedures Supplement 18 (Ordinance 04- 08 2.7.5, Chapter 9 9.04.00 – Variances 2,7,6. Chapter 10 10.02.06 - Submittal... Chapter 2 2.06.00 – AHDB Revised in Supp.17 (Ord. 03-55 2.8. Chapter 5 All in Portions of Div. § 5.05.08 – 2.8. were Architectural carried over Standards, into Div. 2.4. by EXCEPT Supp. 17 (Ord. 2.8.3.3.2. 4.06.02 C 03 55 SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be Page 155 of 156 renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATES 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 10th day of November, 2004. ATTEST: DWIGHT E:.BRQCK, CLERK BOARD OF COUNTY COMMI$SffSjVERS OF COLLIER COUNTY, FLORIDA o rA AAOkoe Depytty Gie If By: ,Atttt� —4',;fd,:CMiruan's DONNA FIALA, CHAIRMAN �i a Nri*yon1y. ADDroved`ds to form and Patrick G -White Assistant County Attorney Page 156 of 156 STATE OF FLORIDA) � COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2004-72 Which was adopted by the Board of County Commissioners on the 10th day of November 2004, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 17th day of November, 2004. DWIGHT E. BROCK..••'•'• Clerk of Cour,s•'�tir'Cxk. Ex -officio to n _ County Commis�iirts, �r> • ael" 1, Heidi R. Rackkhol(�; . Deputy Clerk / we otl S. � Z I a? Foe J LL <gW_<" o yyQ w?om LL o u o a $ b Z BWO qui �gw F 22 oa 3azd ~ s € eg aa°F3.^nmydsm g$€ -9KSW F � € $?s N f8 R LLS€Rf ••'R s E 8 6 ,,. o 9 o$e 3d 9LL�9 s �nnn - �'ad *a . '��; H < x � JR F `§3 i§•�� S00'32'58'E /15.66'(1)) � o.v. s12, o E 833-331 DEAN STREET 60' R.O.W. 1 soo•ao'SD E 215.03'(s) R § jI 4a li E I I �9 I I B z I E .I . € � 33AOldN3 �9 z11 >, i TIF 30.00 'j NDW3 N oNlNavd 0 IN3N0 } 15D0 30 O1S ' O A601N3ANi '� ry ® o 30 I V g o s '05-E 631.24'(D) ALo1N3ANi I oil ti 500'42 - •' rt __ AIRPORT ROAD NORTH 8 a otl S. � Z I a? Foe J LL <gW_<" o yyQ w?om LL o u o a $ b Z BWO qui �gw F 22 oa 3azd ~ s € eg aa°F3.^nmydsm g$€ -9KSW F � € $?s N f8 R LLS€Rf ••'R s E 8 6 ,,. o 9 o$e 3d 9LL�9 s �nnn - �'ad *a . '��; H < x � JR F `§3 i§•�� S00'32'58'E /15.66'(1)) � o.v. s12, o E 833-331 DEAN STREET 60' R.O.W. 1 soo•ao'SD E 215.03'(s) R § jI 4a li E I I �9 I I B z I E .I . € � 33AOldN3 �9 z11 >, i TIF 30.00 'j NDW3 N oNlNavd 0 IN3N0 } 15D0 30 O1S ' O A601N3ANi '� ry ® o 30 I V g o s '05-E 631.24'(D) ALo1N3ANi I oil ti 500'42 - •' rt __ AIRPORT ROAD NORTH w A u z °- 0 A, a Li o C,) w A u z Li J W g< 00 .a 15 ilu0 uAi— e to a o�a pzp E F ffi gg� 12 Y� 0 bill g �€� a�g Ee€ s e lis€3 es 3 ¢ FaF �' s �€ g5g a Y E�gB Sg €SeS E cg E $ -gs�8 I gg S g's3 �i _ s p a $sras�g�b3 sl a gpal gasp g �fiap€pe:'9 a€6g agtaa�pga g ❑ ® ®� s ® ■� gas_ � � a^i? ca w S00'3]'66'E 615.66'(0) O zw Z 15 i 8 HR"It, � I 411tfl i I I I I I I I I � I ____________ X 9NINWd 33AOleW3 y � ... .. ,.. } I w a ( ai � _ z 6 W zip 30tla016 R I W �- I� i ]]: ONIAN N3W0150J I I � � I 30YE'O15 Aa01N3.Mll / 3sva01s w01rv3nry ` S00'/2'0 -E 631.24'(0) AIRPORT ROAD NORTH - M 1 / 1 �c ld� x �z �;ww 6 - a— fw x a�woLL € gag IJ to S�7g i Hai a .o¢ S s e d m£ 2.gF v r�€ $� y`�'$p'w sg e e sd 3Pe i= HiR yk izi - - _ c> m\� E- V /l g >g 8 4 m= =&moo& a= �2 si�aa€x�a�gz "le Fu 4m 7uve H W tg � Fg9m�� � ��a� �� &o= a�'n �$o$ �``m abe mss 8�g EES ---- �r�o�m9N� = 8-m DoE .ct:m zm yam ".� ems; i"s ° nh 88� �aZkR=w' gamggga m8E Tw= swoo =mn g$$}h N Ecay °f mea v .n.g WI'E �Eg�Emx w�8€�BE �� $ems I - w -.r e3s <o U FE�ggnq=Ea �s�a �F wit mE� �F8 waw ��i�a; sa n$s>° g�Em a EBeB s 1..we EE aag d`P'sn LLP c� o — ER E Q V g fl sa LL Z$ z m E 8 8 S"�3fls-r9� a$€R� WmE, n5w a2"€$� y$`�W 9�8$g8xg vma °a8o zEf°m� 9m�WnW — §per E id -o$ ooN"-a� Wo kill has figg=� €-asp �'gaS a���an -e a m`8 m8m m3a 'n �so'E' -0 1 An& W <E vw Bim �°ha �E(�?o °'� R E.T W EY l�P3�.�M � a�d'=R3 E 8 8 az \L �$��-6e 8. `a ;. A � o 6� m nw �w m m = mp8 EgWN cw EN @ \ z Ll_J E ��Em5¢gti.3 EY p'\�/- L_1J ` Em ES;,� s"3aed"gn W�' e �,i 22� f ` ,2mm Bi of aa.$-'�t °. awmpir a'S E. 8 ° 64 < `awm ffia'SSE€ rcNa�gaw�aa€2 < g�� - e°n a ga89 obg$i Q gg�E"�:2�EW= Vie° -E ° Ma 5 res Z w a a =e I-lk � a r a � r Z