Agenda 06/16/2003 S COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
SPECIAL MEETING
June 16, 2003
5:05 p.m.
Tom Henning, Chairman, District 3
Donna Fiala, Vice-Chair, District 1
Frank Halas, Commissioner, District 2
Fred W. Coyle, Commissioner, District 4
Jim Coletta, Commissioner, District 5
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL
LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5)
MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
1
June 16, 2003
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
e
INVOCATION AND PLEDGE OF ALLEGIANCE
THE BOARD TO CONSIDER AN ORDINANCE AMENDING
ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER
COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES
THE COMPREHENSIVE REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA.
ADJOURN
2
June 16,2003
EXECUTIVE SUMMARY
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS;
SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF
AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY
AMENDING THE FOLLOWING: ARTICLE 1, DIVISION 1.8, NONCONFORMITIES;
DIVISION 1.18, LAWS INCORPORATED BY REFERENCE; ARTICLE 2, DIVISION
2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, INCLUDING
REVISIONS TO THE RURAL AGRICULTURAL, ESTATES AND RESIDENTIAL
ZONING DISTRICTS LIST OF PERMITTED AND CONDITIONAL USES,
INCLUDING REVISIONS TO THE SANTA BARBARA OVERLAY DISTRICT
RELATED TO SIDEWALKS, INCLUDING REVISIONS AND ADDITIONS TO THE
BAYSHORE MIXED USE OVERLAY DISTRICT, INCLUDING CREATION OF A
STEWARDSHIP OVERLAY DISTRICT AND DESIGNATION PROCEDURES FOR
STEWARDSHIP SENDING AND RECEIVING AREAS; DIVISION 2.3, OFF-STREET
PARKING AND LOADING; DIVISION 2.4, LANDSCAPING AND BUFFERING;
DIVISION 2.5, SIGNS, TO REVISE PROVISIONS RELATED TO ILLUMINATED
SIGNS; DIVISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7,
ZONING ADMINISTRATION AND PROCEDURES; ARTICLE 3, DIVISION 3.2,
SUBDIVISIONS; DIVISION 3.3, SITE DEVELOPMENT PLANS; DIVISION 3.5,
EXCAVATION; DIVISION 3.9, VEGETATION REMOVAL, PROTECTION AND
pRESERVATION; DIVISION 3.14, VEHICLE ON THE BEACH REGULATIONS;
ARTICLE 5, DIVISION 5.4, BUILDING BOARD OF ADJUSTMENTS & APPEALS;
AND ARTICLE 6, DIVISION 6.3, DEFINITIONS; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE.
OBJECTIVE:
To amend the provisions of the Collier County Land Development Code to serve the best interest of the
public.
CONSIDERATIONS:
This is the second of two public hearings required by Statute for amending the Collier County Land
Development Code. Each of the amendments was presented to, and reviewed by, the Development
Services Advisory Committee, the Collier County Planning Commission, and the Environmental
Advisory Committee, where applicable. Recommendations of each of these bodies are included in the
summary description of the LDC amendments where an advisory body advocated revisions to the staff
recommended changes. The Planning Commission held public hearings on April 9, 2003 and April 30,
2003 and May 14, 2003. A summary of the review of these amendments by these entities is provided
with this Executive Summary on the first eight pages of this document
FISCAL IMPACT:
As noted on each individual amendment in the handout.
GROWTH MANAGEMENT IMPACT:
All proposed amendments to the Land Development Code are consistent with Policies, Objectives and
Elements of the GMP.
PLANNING SERVICES STAFF RECOMMENDATION:
That the Board of County Commissioners review the proposed amendments to the Land Development
Code and approve as submitted, in accordance with the attached Ordinance of Adoption.
PREPARED BY:
CURRENT PLANNING SECTION
DATE
REVIEWED BY:
MARGARE~JWUERSTLE, AICP, DIRECTOR
PLANNING'SERVICES DEPARTMENT
DATE
APPROVED BY:
JOSEPH K. SCHMITT, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS.
2
~-0
=.
0
ORIGIN: Community Development & Environmental Services Division
AUTHORS: Thomas E. Kuck, P.E., Engineering Review Director, John Houldsworth,
Senior Engineer
DEPARTMENT: Engineering Review Services
LDC PAGE(S): LDC 1:17
LDC SECTION: Section 1.8.2 Nonconforming lots of record
CHANGE: Add item "C"
REASON: Clarification. Legal nonconforming lots may be combined for taxing or other
ownership purposes, and later divided as the original nonconforming lots. But once
developed the "combined lots" may not be split or subdivided except in conformance
with the LDC.
FISCAL & OPERATIONAL IMPACTS: There are no fiscal or operational impacts
RELATED CODES OR REGULATIONS: There are no related codes or regulations
GROWTH MANAGEMENT PLAN IMPACT: There is no growth management
impact.
Amend LDC as follows:
C. When two or more adjacent, legal nonconforming lots of record are either combined
under a single folio or parcel number for taxing purposes by the property_ appraiser's
office, or combined as a single parcel by recording the previously separate non-
conforming lots into one legal description, neither or both of these actions will prohibit
the owner or future owners from subsequently splitting the parcel into two or more folio
or parcel numbers for tax purposes, or severing the parcels into their former legal
descriptions as legal nonconforming lots of record according to the original legal
description(s) at the time the property was recognized as legal nonconforming. Prior to
any two or more adjacent, legal non-conforming lots being combined for development a
legally binding document must be recorded to reflect a single parcel with a unified legal
description. Once such a document has been recorded to amend the legal description and
a development permit has been approved by the County for development as that unified
parcel, the property can not be split or subdivided except as may then be allowed by this
code.
DIVISION 1.18. LAWS INCORPORATED HEREIN BY REFERENCE
The following Collier County ordinances and laws, as amended or superseded, are hereby
incorporated into this Code by reference as if fully set forth and recited herein. Repeal or
amendment of these ordinances, or adoption of successor ordinances, shall not be subject to
procedures otherwise required for adoption of amendments to this Code, except as otherwise
required by general law.
su~ect
Building Construction Administrative Code
i~ C~c ;;~ ~e :nd ~
Florida Buildinq Code 2001, includinq the followine technical codes:
PIwmbinq
Mechanical
Fuel Gas
The National Electrical Code ~ NFPA 70 1999
Florida Fire Prev~nti0n Code
Chapter 4A-60, Florida Administrative Code
National Fire Protection Association (NFPA) 1
W~ modification bv Ch. 4A-60.003 FAC
National Fire Pr~f~ection Association (NFPA) 101
With modification by Ch. 4A-60.004 FAC
Publications added to NFPA 1 and NFPA 101 bY 4A-60.005
Local Amendments Ord # 2002-49
Ordinance Number
.... 2002-01 [Code of Laws Ch. 22, Art.. II]
.~)02-01 [Code Of Laws ~ 22-106, 22-107]
[Code {{ 22-106, 22-108]
[Code {{ 22-106, 22-109]
91 ~I [Code ,~ 22-106, 22-110]
[Code ch. 22, art. IV, div. 3]
[Code ch. 22, art. IV, div. 2]
2002-49 [Code ol Laws Ch. 58, Art.. II]
Floodplain 86-28 [Code ch. 62, aft, II]
17-80
10-31
Coastal Building Zone (Wind) 87-20 [Code ch. 22, art. IX]
:2002-1
i88-76 [Code ch. 134, art. III]
89-23
i89-32
Public Right-of-Way Standards
Seawall Construction
Water Policy
Collier County Strestscape Master Plan (CCSMP)
82-91 [Code ch. 11o, art. III
89-26
93'64
85-2 [Code ch. 22, art. IX]
85-26
86-5
74-5O [Code ch. 90, art. ~]
90-10
2001-27
97-25
ORIGIN: Community Development & Environmental Services Division
AUTHOR:
Kay Deselem, AICP
DEPARTMENT: Planning Services
LDC PAGES:
LDC2:16, LDC2:21, LDC2:22.2, LDC2:26, LDC2:29, LDC2:31,
LDC2:33, LDC2:35
NOTE: PAGE NUMBERS WILL CHANGE WHEN THE LDC IS
UPDATED TO INCLUDE CHANGES ADOPTED BY ORDINANCE
NUMBER 03.01
LDC SECTIONS:
2.2.3.,2.2.3.3.,2.2.4.3.,2.2.5.3,2.2.6.3.,2.2.7.3,2.2.8.3.,2.2.9.3., and
2.2.10.3.
CHANGE: Add model homes and model sales centers, in compliance with all other LDC
requirements, as allowable uses within agricultural, estates, and the residential zoning districts,
and within a residential PUD.
REASON: LDC § 2.6.33.4. establishes the criteria for model homes and model sales centers
and stipulates that these uses should be of a temporary nature and may be allowed in any
residential zoning district [identified in LDC §2.1.14.2] or residential component of a PUD, in
the estates zoning district, and in the agricultural zoning district as part of a rural subdivision, by
the issuance of a temporary use permit. However, the LDC goes on to state that "a temporary
use permit for a model home (occupied or unoccupied) shall be issued initially for a period of
three years. Extensions in excess of this period shall require submittal and approval of a
conditional use petition in accordance with section 2.7.4. of this Code." Currently model homes
and model sales centers are not listed as allowable uses in the zoning districts noted above. This
amendment seeks to rectify this omission.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: LDC Section 2.6.33.4
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
2.2.2.3. Conditional uses. The following uses are permitted as conditional uses in the rural agricultural
district (A), subject to the standards and procedures established in division 2.7.4.
27. Model homes and model sales centers, subject to compliance with all other LDC
requirements, to include but limited to, LDC 2.6.33.4. as it may be amended
2,2.3.3. Conditional uses-:.T-he following~uses are permissible as conditional uses in the estates district
(E), subject to the standards and procedures established in division 2.7.4:
9. Model homes and model sales centers, subject to compliance with all other LDC
requirements, to include but limited to, LDC 2.6.33.4. as it may be amended
2.2.4.3. Conditional uses. The following uses are permissible as conditional uses in the residential single-
family districts (RSF), subject to the standards and procedures established in division 2.7.4.
10. Model homes and model sales centers, subject to compliance with all other LDC
requirements, to include but limited to, LDC 2.6.33.4. as it may be amended
2.2.5.3. Conditional uses. The following uses are permissible as conditional uses in the RMF-6 district, subject to
the standards and procedures established in division 2.7.4:
9. Model homes and model sales centers, subject to compliance with all other LDC
requirements, to include but limited to, LDC 2.6.33.4. as it may be amended
2.2.6.3. Conditional uses. The following uses are permissible as conditional uses in the residential multiple-family-
12 district (RMF-12), subject to the standards and procedures established in division 2.7.4:
7. Model homes and model sales centers, subject to compliance with all other LDC
requirements, to include but limited to, LDC 2.6.33.4. as it may be amended
2.2.7.3. Conditional uses. The following uses are permissible as conditional uses in the residential multiple-family-
16 district (RMF-16), subject to the standards and procedures established in division 2.7.4:
7. Model homes and model sales centers, subject to compliance with all other LDC
reqmrements, to include but limited to, LDC 2.6.33.4. as it may be amended
2.2.8.3. Conditional uses. The following uses are permitted as conditional uses in the residential tourist district
(RT), subject to the standards and procedures established in division 2.7.4:
8. Model homes and model sales centers, subject to compliance with all other LDC
requirements, to include but limited to, LDC 2.6.33.4. as it may be amended
2.2.9.3. Conditional uses. The following uses are permissible as conditional uses in the village residential district
(VR), subject to the standards and procedures established in division 2.7.4:
10. Model homes and model sales centers, subject to compliance with all other LDC
requirements, to include but limited to, LDC 2.6.33.4. as it may be amended
2.2.10.3. Conditional uses. The following uses are permissible as conditional uses in the mobile home district
(MH), subject to the standards and procedures established in division 2.7.4:
6. Model homes and model sales centers, subject to compliance with all other LDC
requirements, to include but limited to, LDC 2.6.33.4. as it may be amended
ORIGIN:
AUTHOR:
DEPARTMENT:
LDC PAGE:
LDC SECTION:
CHANGE:
REASON:
FISCAL & OPERATIONAL IMPACTS:
RELATED CODES OR REGULATIONS:
Community Development and Environmental Services Division
Susan Murray, AICP, Current Planning Manager
Planning Services
LDC 2234
Section 2.2.8. Residential tourist district (RT) specifically
2.2.8.4.5.
Clarify the intent of the method to calculate residential density.
Clarification of applicability.
None
None
GROWTH MANAGEMENT PLAN IMPACT: None
2.2.8.4.5. Maximum density permitted. For properties located within an activity
center or if the RT zoning was in existence at the time of adoption of this Code:
ma~:.mum cf 26 units per acre for hotels and motels, and 16 units per acre for timeshares
and multifamilyuses ..,~.~ ..............................
nv;o, ....., ,~ ~:~n ~.c ~^~,:~- ~c '~':~- o r~an.~....,.~ For properties located outside an activity
center or if the RT zoning was not in existence at the time of adoption of this Code:
Density shall be determined through application of the density rating system as set forth
in the growth management plan, up to a maximum of 16 units per acre.
~ The c~culation of density sh~l based on the land ~ea defined by a lot(s) of
record. Any project~ which received approval at a public he~ing prior to July 1, 2~
sh~l not be deemed to be nonconfo~ng as a result of inconsistency with density
li~tations.
ORIGIN: Community Development & Environmental Services
AUTHOR: D. Aaron Blair, Urban Design Planner
DEPARTMENT: Planning Services
LDC PAGE: Unknown at this time
LDC SECTION: 2.2.33 - Bayshore Mixed Use Overlay District
CHANGE: To make updates to the Bayshore Drive Mixed Use Overlay District
REASON: The Community Redevelopment Agency (CRA) approved the recommendation by
the Bayshore/Gateway Triangle Advisory Board to initiate phase two of the Bayshore Drive
Mixed Use Zoning Overlay. The overlay for the Bayshore Drive corridor provides flexibility in
uses and standards and provides an incentive for redevelopment along this corridor.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
Section 2.2.33 Bayshore Drive Mixed Use Overlay District****
BAYSHORE DRIVE
MIXED USE OVERLAY DISTRICT
BECCA AVENUE
HALDEMAN
ARECA AVENUE
CRICKET LAKE
RENTAL ARTS
CONDO
BARRETT AVENUE
STORTER STREET
'gAN BUREN AVENUE
LINDA DRN[
PREPARED BY GRAPMICS AND TECHNICAL SUPPORT SECDON
CO~,NUNITY DEVELODBENT AND ENVIRONUENTAL SERVlCES DIVISION
DATE: 8-2000 FILE: BAYSHO12-SXlI.DWG PLOT-ALITOFILL.PAL
~gGEND
rv-m r-TI: T[-II(~ R/lAD
INSERT NEW MAP
BAYSHORE DRIVE
WXB) US~ OVERLAY DISTRICT
2.2.33.6 Permitted uses. *****
2.2.33.24
b. Amusement and recreation services (groups 7911, 7991, 7999 tourist
guides only). * * * * * * *
w. Public Administration (groups 9111-9199, 9229, 9224 fire protection,
9311,9411- 9451, 9511-9532, 9611-9611).*******
y0
repair shops and related services, not elsewhere classified (7699
antique repair and restoration, except furniture and automotive only,
bicycle repair shops only, rod and reel repair).
y z. Security and commodity brokers, dealer, exchanges and services
(groups 6211-6289)
z. aa. Shoe repair shops and shoeshine parlors (7251).
aa. bb. United States Postal Service (4311 except major distribution
center).
bb. cc. Veterinary services (groups 0742 veterinarian's office only, 0752
dog grooming and pedigree record services only, all excluding outdoor
kenneling).
ee. dd. Videotape rental (7841)
dr. ee. Residential with the following limitations: multi-family uses are
permitted above commercial uses on lots fronting Bayshore Drive, no
single family units are permitted on lots fronting Bayshore Drive
Residential Subdistrict 3 (R3). The purpose of this district is to allow
the development of mobile home, modular home, townhouses and single-
family residences. All new development in this Subdistrict shall be
compatible with the building patterns and faqade articulation of traditional
neighborhood design. The intent is to create a row of residential units with
consistent front yard set backs and access to the street. Development
standards for this Subdistrict are the same as those set forth for the
2.2.33.24.1
2.2.33.24.2
Residential Subdistrict 1, unless set forth below.
Permitted uses. The following uses are permitted as of right, or as uses
accessory to permitted uses:
a. Single -family dwellings
b. Modular homes
c. Townhouses
d. Mobile homes: As allowed by Section 2.2.10 of this Code unless
specified otherwise below.
Minimum lot width:
40 feet.
Single-family:
Modular homes: 40 feet.
Townhouses 25 feet
2.2.33.24.3
Mobile homes 40 feet.
Yard requirements. The following yard requirements are in relation to the platted
property boundaries.
Front Yard At Min. Side Yard Min. Rear Yard
One (Single) Family 10 feet 5 feet 8 feet
Dwelling Units
10 feet 5 feet 8 feet
Modular Dwelling
Units
0 feet when
Townhouse 10 feet abutting another 8 feet
townhouse, if not
then 5 feet.
Mobile Homes 10 feet 5 feet 8 feet
2.2.33.2~, 2.2.33.25.
2.2.33.2~.. ! 2.2.33.25.1.
2.2.33.24.22.2.33.25.2.
Residential Neighborhood Commercial Subdistrict (RNC). The
purpose and intent of this Subdistrict is to allow limited home
occupational businesses. Home occupations requirements set forth
in Section 2.6.20, shall apply unless specified otherwise below.
Development standards for the district are the same as those set
forth for the residential Subdistrict 2, unless otherwise set forth
below.
The home occupations permitted include: Accounting (8721),
auditing and bookkeeping (8721), barber shops and beauty salons
(7231 except beauty culture schools, cosmetology schools, or
barber colleges), engineer or architectural services
(8713,8712,8711), insurance agents and brokers (6411), legal
services (8111), and real estate agents (6531 except manufactured
home brokers, on site; housing authorities, operating).
The home occupation shall be clearly incidental to and secondary
to the use of the dwelling for residential purposes and shall not
change the character of the dwelling unit. The following
conditions shall be met:
1. There shall be a minimum of one residential dwelling unit.
2. The resident of the home shall be the owner and operator of the
home occupation.
3. The home occupation shall not occupy more than 30 percent of
the primary residential structure.
The home occupation shall not employ more than two
employees at any given time.
One wall sign shall be permitted provided it does not exceed 6
square feet in area, and shall not project more than 4 feet from
the building on which the sign is attached.
A total of 2 parking spaces shall be provided for clients or
customers. Two additional parking spaces shall be provided
for employees, if any. The required parking area or areas shall
not be located in the front yard of the residence.
Parking areas shall consist of a dust free surface such as;
mulch, shell, or asphalt. A single row hedge at least 24 inches
in height at the time of planting shall be required around all
parking areas.
Them shall be no additional driveway to serve such home
occupation.
There shall not be outdoor storage of materials or equipment
used or associated with the home occupation.
2.2.22.25 2.2.33.26.
Reserved*********
ORIGIN:
Community Development and Environmental Services
AUTHOR:
Kay Deselem, AICP, Principal Planner
DEPARTMENT: Planning Services
LDC PAGE:
LDC 2:124.35
LDC SECTION: 2.3.16
CHANGES:
To amend Section 2.3.16 to clarify the location of stacking spaces
for drive thru restaurants
REASON:
The LDC current does not specify a specific number of stacking
spaces that must be provided preceding the menu board or order
window. During busy hours, vehicles back up preceding the menu
board while waiting to place an order. The vehicle congestion
does not occur between the order window and the pick up window.
Parking lots and adjacent roadways and drives become congested
with the overflowing vehicles, creating a potentially unsafe
condition.
FISCAL AND OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
Sec. 2.3.16. Off-street parking and stacking: required amounts.
Minimum off-street parking space requirements are set forth below. Where stacking is
required, the amount listed does not include the first vehicle bein fc~. A
mimmum
for stacking starts ten feet
behind the middle of the pickup window) and is computed at 20 feet per vehicle (tums
are computed at 22 feet per vehicle, measured at the outside of the driveway). Stacking
for one lane may be reduced if the reduction is added to the other lane(s).
h\LDC_Amendments%DC Cycle I - 2003~2.3.16 stacking KD.doc
Page 1 of 1
last revised: 10/18/02
ORIGIN:
AUTHOR:
DEPARTMENT:
LDC PAGE:
LDC SECTION:
CHANGE:
REASON:
FISCAL & OPERATIONAL IMPACTS:
RELATED CODES OR REGULATIONS:
GROWTH MANAGEMENT PLAN IMPACT:
Community Development & Environmental Services Division
John Kelly
Planning Services
LDC2:133
2.3.19
To include the area to the front of loading docks and bay doors as loading
space not to counted towards the off street parking requirements.
To further clarify loading space
None
None
None
Amend the LDC as follows:
Sec. 2.3.19. Off-street loading: reservation.
Areas reserved for required off-street loading in accordance with the requirements of this Code
shall not be reduced to [in] area or changed to any other use unless the permitted or permissible
use that it serves is discontinued or modified or equivalent required off-street loading is provided
in accordance with the requirements of this Code. The areas immediately fronting any overhead
door(s) shall not be counted towards meeting the off-street parking requirements of this Code.
ORIGIN:
AUTHOR:
DEPARTMENT:
LDC PAGE(S):
LDC SECTION:
CHANGE:
REASON:
Community Development & Environmental Services Division
Summer Brown, Environmental Specialist
Code Enforcement
2:141
2.4.3.6
Amend pruning code to use the most recent "Standard
Practices for Trees, Shrubs and Other Woody Plant
Maintenance."
To be able to enforce the pruning code with the most up to date
National Arborist Standards.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
2.4.3.6. Pruning. 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 the current Tree, Shrub, and
Other Woody Plant Maintenance - Standard Practices ANSI ..... aarm ~t~"~-~x~-~ of the
National Arborist Association. Trees shall not be severely pruned in order to permanently
maintain growth at a reduced height or spread. 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, sidewalks,
buildings, and similar conflicts).
ORIGIN:
AUTHOR:
LDC PAGE:
LDC SECTIONS
CHANGE:
REASON:
CODE ENFORCEMENT DEPARTMENT
Michaelle Crowley, Code Enforcement Supervisor
LDC2:179 and LDC2:181
2.5.6 (added new subsections) and 2.5.7.30. (amended)
To add a new provision under the sign Code for illuminated "open" signs
During a workshop with the Board of County Commissioners on 1/29/03, staff was
given direction to amend the code to provide for one illuminated sign denoting the
status of a business (Open vs. Closed) based on input from business owners and
citizens. The Code currently prohibits businesses from erecting any illuminated signs
inside an establishment that are intended to be seen from the outside.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
Staff researched codes from other communities to determine how other communities addressed the issue at
hand. We found, although similar prohibitions for illuminated signs (exposed neon) exist in other
communities, none of them indicate any provisions for "open" illuminated signs. We believe that despite the
prohibition most communities are not enforcing the regulation.
The following community's sign codes were reviewed:
Boca Raton, Florida
City of Ft. Myers, Florida
Indian River County, Florida
Irvine, California
Lee County, Florida
City of Marco Island, Florida
Martin County, Florida
Mission Viejo, California
City of Naples, Florida
Palm Beach Gardens, Florida
Royal Palm Beach, Florida
San Fernando, California
Sarasota, Florida
Sunrise, Florida
Winter Haven, Florida
Of the 15 communities, only one community noted anything about "open/closed" signs. The City of Ft, Myers
allows those signs to be displayed on a window but they cannot exceed two (2) square feet in size. They do
not, however, prohibit neon signs.
Of those communities that do prohibit neon signs (seven communities) one community vested existing neon
and the other community included an amortization period.
In keeping with the sign regulations adopted by the Board of County Commissioners in 2000 the following
revisions to the sign code are being recommended to provide for some signage for businesses to communicate
to the general public their status of operation.
Amend Section 2.5.6. Signs exempt from permitting as follows:
2.5.6.22.
One sign indicating only the business's or establishment's operational status at that time may be
installed and illuminated inside that business or establishment, provided said sign: (1) is not
illuminated using exposed gas-filled glass tubing, (2) does not exceed 2.25 square feet in total size,
(3) has a cabinet enclosed on all sides, and (4) includes a front panel that is clear or translucent.
The only allowable illumination source(s) for said sign is: incandescent, fluorescent, halogen lamp,
Light Emitting Diode, or fiber optic light, but the illumination source must not flash, fade, or
increase in brightness, or change color. Nothing in this provision is to be construed to allow a sign
that would otherwise be prohibited by this Code.
Amend Section 2.5.7. Prohibited Signs as follows:
2.5.7.30.
Illuminated signs, neon or otherwise, installed inside businesses and intended to be seen from the
outside. Signs that comply with the provisions of Section 2.5.6.22. of this code are exempt from
this section.
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Ross Gochenaur
DEPARTMENT: Planning Services
LDC PAGE(S): LDC2:184.7
LDC SECTION: 2.6.4. Exceptions to required yards
CHANGE: Modify the section allowing the encroachment of unroofed and unenclosed
fire escapes, stairways and balconies into a required yard by specifying that this
encroachment may not reduce any required separation between structures
REASON: Allowing the unrestricted encroachment of fire escapes, stairways, and
balconies into required yards could also have the unwanted effect of reducing the
minimum separation between structures to the point where emergency access between the
structures would be impeded.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
Sec. 2.6.4. Exceptions to required yards.
2.6.4.1.4. Fire escapes, stairways, and balconies which are unroofed (except as otherwise
permitted within this section) and unenclosed shall not project over five feet into a
required side or rear yard and three feet into a front yard of a multiple-family dwelling,
hotel or motel and not over three feet into a required front, side or rear yard of a single-
family residential dwelling, Regardless of the extent of encroachment, the minimum
requirement for separation of structures shall be maintained.
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Ross Gochenaur
DEPARTMENT: Planning Services
LDC PAGE(S): LDC2:184.8
LDC SECTION: 2.6.4.2 Minor after-the-fact yard encroachments
CHANGE: Modifies the criteria for after-the-fact variances to address situations where
mitigating circumstances are present and to take into account past action or construction
for which the current property owner is not responsible.
REASON: Under certain circumstances it is desirable that more flexibility be allowed to
the Planning Services Director to approve certain minor after-the-fact variances, for
which the current property owner is not responsible, and which would otherwise force a
blameless property owner to resort to the time and expense of a formal variance petition.
The proposed changes includes criteria describing these circumstances, and would mainly
affect residential development other than multi-family.
FISCAL & OPERATIONAL IMPACTS: These impacts would be minor. The
proposed change would result in a decrease in fees for after-the-fact variance petitions,
but would also result in less hours spent in staff research and preparation.
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
2.6.4.2. Minor after-the-fact yard encroachments.
2.6.4.2.1. Minor after-the-fact yard encroachments may be approved
administratively by the d~v~h~sm~S olannim~ services director. For the purposes of
this subsection, minor yard encroachments shall be divided into ,?:o three
classifications:
Structures for which a building permit has been issued and is under review~
but for which a certificate of occupancy has not been granted. The
de~lopme~ planning services director may administratively approve
minor after-the-fact yard encroachments of up to 5 percent of the required
yard, not to exceed a maximum of 6 inches. For single-_family.
mobile/modular homes, duplex, and two-family dwelling units only, in the
presence of mitigating circumstances, where the encroachment does not
result from error or action on the part of the applicant, the planning
services director may administratively approve encroachments of up to 25
percent of the required yard.
Structures for which a building permit and certificate of occupancy or a final
development order has been granted. The ~ planning
services director may administratively approve minor after-the-fact yard
encroachments of up to ten percent of the required yard which requirement
was in effect as of the date on which the certificate of occupancy or final
development order was issued, not to exceed a maximum of two feet. For
single-family, mobile/modular home, duplex, and two-_family dwelling
units only, the planning services director may administratively approve
minor after-the-fact yard encroachments of up to 25 percent of the
required yard which requirement was in effect as of the date on which the
certificate of occupancy or final development order was issued.
Single-family, duplex~ and two-family dwelling units only for which no
building permit record can be produced. Provided that all of the
following criteria are met, the planning services director may
administratively approve minor after-thc-fact encroachments of up 25
percent of thc required yard
- the encroaching structure, or portion of the structure, was constructed
prior to the purchase of the subiect property by the current owner
- evidence is presented showing that the encroaching structure, or portion
of the structure, was constructed at least two (2) years prior to the date of
application for the administrative variance. This evidence may be in the
form of a survey, property card, or dated aerial photograph clearly
showing the encroachment.
- the encroaching structure is either an addition of living area to a principal
structure, or an accessory structure of at least 200 square feet in area
- the encroachment presents no safety hazard and has no adverse affect on
the public welfare
- an after-the-fact building permit for the structure, or portion of the
structure, is issued prior to the application for the administrative variance.
The administrative variance will only be approved once all inspections
have been completed, and the certificate of occupancy will be issued once
the administrative variance has been approved.
3.Under no circumstances shall any administrative variance be approved which would
allow a reduction of the separation between structures to less than ten (10) feet.
Administrative variances approved pursuant to the above do not mn with the land in
perpetuity and remain subject to the provisions of section 1.8.10 non-conforming.
structures.
ORIGIN: Community Development & Environmental Services Division
AUTHOR: John A. Yonkosky
DEPARTMENT: Utility Billing and Customer Service
LDC PAGE (S): LDC2: 188.3-LDC2:191
LDC SECTION: 2.6.15. Solid Waste Disposal
CHANGE: Housekeeping changes have been made to clarify existing language and to
organize into easy-to-read sections. Changes were also made to choice of type of
garbage service.
REASON: Utility Billing & Customer Service is requesting these changes to reorganize
the sections of the LDC relative to trash collection requirements and to provide a process
for contractors and builders to verify the number of containers required for coverage of
multi-family projects prior to selection of type of garbage collection service.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: Ordinance 90-30, as amended
GROWTH MANAGEMENT PLAN IMPACT: NONE
Amend the LDC as follows:
I:~LDC_Amendments~LDC Cycle 1 - 2003\CCPC Revisons~.6.15 garbage RG.doc 6/9/2003 5:41 PM
2.6.15.3.
l:~LDC_Amendments~LDC Cycle 1 - 2003\CCPC Revisons~2.6.15 garbage RG.doc 6/9/2003 5:41 PM
2.6.15.d.
following:
f'l~ ~ ~'1~ ;.,-I;..;A...ll~, ~.~,~.--1 ~..1.; .c~;1...--1...~11;--.
gcc-age
eO-,t, ............. of n .....t' ......... ;
'~I;A 117~.+~ ""'""~"'~"'" ..... ,,.~..,.~ .. ,.~... , ,.
(Ord. No. 92-73, § 2; Ord. No. 94-58, § 3; Ord. No. 98-63, § 3.D.; Ord. No. 00-92, § 3.D.)
I:~LDC_AmendmentsLLDC Cycle 1 - 2003\CCPC Revisons~2.6.15 garbage RG.doc 6/9/2003 5:41 PM
Code reference--Solid waste, ch. 118.
Sec. 2.6.15. Solid Waste Collection and Disposal
Pursuant to Ordinance No. 90-30, as amended, solid waste disposal shall be required in
the form of bulk container service (garbage dumpsters and/or compactors) for all
commercial and industrial establishments, unless authorization for alternative means of
disposal is approved by Collier County Utility Billing and Customer Service. Bulk
container service shall be required for all multi-family projects not receiving curbside
pickup. Solid waste disposal 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.
2.6.15.1. Trash container location requirements. All trash or recycle receptacles shall be
located so as to be easily accessible to the residents and the solid waste hauler.
Dumpsters and their enclosures may be located within a required yard provided that they
do not encroach into a required landscape area and that there is no blockage of view of
motorists or pedestrians that would constitute a safety hazard. For multi-family
residential developments having more than one structure, no dumpster shall be located
more than 250 feet from the structure that it is intended to serve. All projects subject to
the provisions of LDC Division 2.8 shall locate trash containers in accordance with the
relevant provisions of that Division.
2.6.15.2. Access to trash containers. The access approach to the container should be
sufficient to accommodate a vehicle requiring a minimum clear width of 10 feet and a
minimum clear turning radius of 50 feet when directly accessing a public street.
Containers and enclosures shall be placed such that the accessing vehicles are not
required to maneuver in the adjacent travel lanes of any street. When backing maneuvers
are required to permit the vehicle to exit from the container, provision shall be made to
provide an apron at least 10 feet wide and 60 feet in length adjacent to the container.
2.6.15.3 Container quantities. 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. Prior to site development plan submittal, the contractor, developer or
homeowner's association must contact Collier County Utility Billing and Customer
Service to estimate the number and sizes of bulk containers needed.
2.6.15.4 Enclosure dimensions. Enclosures for dumpsters shall have minimum internal
dimensions of 12 X 12 feet for each stand_ard farbage dumpster contained inside. If
I:~LDC_Amendments~LDC Cycle 1 - 2003\CCPC Revisons~2.6.15 garbage RG.doc 6/9/2003 5:41 PM
equipped with gates, the clear opening dimension shall be a minimum of 12 feet, and the
gates must be provided with a devise to hold them open.
2.6.15.5 Container screening. Except as noted below, all containers shall be screened on
at least three sides from view of adjacent property owners and from adjacent streets on
the first-floor level. 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 1) in I (Industrial) zoning, so long as the containers are located more than 200
feet from residentially zoned or used property, and are not located within front yards; 2)
in A (Rural Agricultural) zoning in conjunction with a bona fide agricultural use; and 3)
during construction in all zoning districts. Screening material shall consist of a wood
fence, concrete block and stucco wall, brick wall, mason~ wall, or walls of similar
material. For only those projects subject to the provisions of Division 2.8, trash
enclosure walls or gates made of chain link or wood are not acceptable.
2.6.15.6 Compactors. Multi-family developments may substitute garbage compactors for
garbage dumpsters or curbside pickup to dispose of non-recyclable material with the
following restrictions; for individually owned multi-family units (condominiums),
compactor service may only be implemented by the developer prior to the sale of the first
unit (subsequent to that time, a change from curbside or dumpster service to compactor
service may only be achieved through a majority vote by the homeowner's association);
for multi-family developments containing more than one structure, the property owner
may implement compactor service at any time, so long as the compactor has the capacity
to accept an item of furniture having dimensions of up to 3 X 12 feet.
2.6.15.7 Curbside pickup. The Utility Billing & Customer Service Director, 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 Utility Billing & Customer Service
Department 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.
(Ord. No. 92-73, § 2; Ord. No. 94-58, § 3; Ord. No. 98-63, § 3.D.; Ord. No. 00-92, §
3.D.)
Code reference--Solid waste, ch. 118.
I:kLDC_Amendments~tLDC Cycle 1 - 2003\CCPC Revisonsk2.6.15 garbage RG.doc 6/9/2003 5:41 PM
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Ross Gochenaur
DEPARTMENT: Planning Services
LDC PAGE(S): LDC2:208.1
LDC SECTION: 2.6.33.3 Temporary construction and development permits
CHANGE: Add provisions to allow construction offices (trailers) in single-family
developments, and for individual single-family lots under certain circumstances
REASON: There is currently no provision in the Code which specifically allows a
construction trailer within a single-family development, or on an individual single-family
lot. The proposed change acknowledges that there are circumstances under which this
use would be necessary and appropriate, and defines these circumstances.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
2.6.33.3.
Temporary construction and development permits. During the construction
of any development for which at least a preliminary development order
has been granted, as required below, the developer may request a
temporary use permit for the below-listed activities. The temporary use
permit shall be granted initially for a period not to exceed 24 months in
duration and may be renewed annually based upon demonstration of need
and payment of fee. A request for renewal shall be submitted to the
planning services director in writing 30 days prior to the expiration of the
temporary use permit. Temporary construction and development permits
shall be allowed for the following uses:
1. Temporary offices to be used for construction, and administrative
functions within the development.
2. Permits for temporary offices for single-family residential
developments may be issued under the following circumstances:
Where the same developer or licensed building contractor
performing the work has obtained a valid building permit
to construct three or more homes in the same development.
bo
Where a developer, owner-builder, or licensed building
contractor performing the work has obtained a building
permit for the construction of one single-family home
which exceeds 2,500 square feet of air conditioned floor
area and that a letter of justification of need is submitted to,
and approved by, the Planning Services Director (limited
to one office).
The temporary offices shall be removed within 30 days of
the issuance of a certificate of occupancy for the last home
to have been issued a building permit.
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Kay Deselem, AICP
DEPARTMENT: Planning Services
LDC PAGE: to be determined once the LDC is codified to include Ordinance 03-01
LDC SECTION: LDC 2.7.16.
CHANGE: Add an applicability provision for the cancellation of a rezoning
REASON: A change to the LDC was adopted in second LDC amendment cycle in 2002 that
established a processing time after which time a languishing petition could be deemed closed.
The applicability for that provision was not clearly established. This change will clearly establish
the applicability of that provision. The same provisions is proposed for PUDs, Conditional Uses,
and Variances and A similar amendment was adopted to address the time allotments for rezoning
and PUD petitions as part of the second cycle of 2002 LDC amendments.
FISCAL & OPERATIONAL IMPACTS: Implementation would reduce unnecessary record
keeping and allow better space management by Current Planning Staff
RELATED CODES OR REGULATIONS: LDC Sections 2.7.3.9 (PUD), 2.7.4.11 (Conditional
Use), 2.7.5.15 (Variance)--(pending this cycle
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
2.7.2.16.1. Applicabili~. All applications for a rezoning whether submitted before or after the
effective date of this ordinance, shall comply with the processing time procedures set forth in
section 2.7.2.16 of this code.
I:\LDC_Amendments\LDC Cycle 1 - 2003~2.7.2.16. RZ processing time KD.doc
ORIGIN: Community Development & Environmental Services Division
AUTItOR: Kay Deselem, AICP
DEPARTMENT: Planning Services
LDC PAGE: unknown, pending the LDC codification to include Supplement 14 changes
LDC SECTION: LDC 2.7.3.4.1.A.
CHANGE: Correct an omission
REASON: The last amendment to this section was supposed to restate the sunsetting requirements for
PUD projects approved prior to October 24, 2001. A critical percentage figure clause was
inadvertently omitted in the document. This amendment will correct that omission.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
2.7.3.4.1. For PUDs approved prior to October 24, 2001 the landowner(s) shall:
Obtain approval for improvements plans or a development order for all infrastructure
improvements to include utilities, roads and similar improvements required by the
approved PUD master Plan or other development orders for at least 15 percent of the
gross land area of the PUD site every five years from the date of approval by the board
of county commissioners; and
I:\LDC_Amendments\LDC Cycle 1 - 2003~2.7.3.4.1 to fix error in PUD KD.doc
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Kay Deselem, AICP
DEPARTMENT: Planning Services
LDC PAGE: to be determined once the LDC is codified to include Ordinance 03-01
LDC SECTION: LDC 2.7.3.9.
CHANGE: Add an applicability provision for the cancellation of a rezoning
REASON: A change to the LDC was adopted in second LDC amendment cycle in 2002 that
established a processing time after which time a languishing petition could be deemed closed.
The applicability for that provision was not clearly established. This change will clearly establish
the applicability of that provision. The same provisions is proposed for PUDs, Conditional Uses,
and Variances and A similar amendment was adopted to address the time allotments for rezoning
and PUD petitions as part of the second cycle of 2002 LDC amendments.
FISCAL & OPERATIONAL IMPACTS: Implementation would reduce unnecessary record
keeping and allow better space management by Current Planning Staff
RELATED CODES OR REGULATIONS: LDC Sections 2.7.2.16 (Rezoning), 2.7.4.11
(Conditional Use), 2.7.5.15 (Variance)--pending this cycle
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
2.7.3.9.1. Applicability. All applications for a PUD rezoning or an amendment to an Existing
PUD document or PUD master plan whether submitted before or after the effective date of this
ordinance, shall comply with the processing time procedures set forth in section 2.7.3.9 of this
code.
I:\LDC_Amendments\LDC Cycle I - 2003~2.7.3.9 PUD processing time KD.doc
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Kay Deselem, AICP
DEPARTMENT: Planning Services
LDC PAGE: LDC 2:251
LDC SECTION: LDC 2.7.4.11
CHANGE: Add a provision for the cancellation of a conditional use petition submitted and under
review if response to staff comments has not been received within six months of the date on which the
comments were sent to the applicant.
REASON: Currently, a conditional use petition may remain "open" and supposedly under review
pending response to staff comments, for an indeterminate length of time. Petitions can languish for
months or years with no action from the applicant or the agent. Staff is required to keep the records
until such time as the petitioner decides to resubmit something to the county. In the meantime, the
regulations and surrounding development can change, requiring more staff time to re-review the
application based upon current conditions.
Staff believes six months is an adequate amount of time for the applicant to prepare a response to the
reviewers' comments. A similar amendment was adopted to address the time allotments for rezoning
and PUD petitions as part of the second cycle of 2002 LDC amendments.
FISCAL & OPERATIONAL IMPACTS: Implementation would reduce unnecessary record-keep-
ing and allow better space management by Current Planning Staff
RELATED CODES OR REGULATIONS: LDC Section 2.7.2.16 (adopted in 2002) and LDC
Section 2.7.5.15 (pending this cycle)
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
2.7.4.11. Conditional Use application processing time. An application for a conditional use 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 conditional use 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 conditional use,
for a period of six (6) months. An application deemed "closed" will not receive further processing and
shall be withdrawn and an application "closed" through inactivity shall be deemed withdrawn. The
Planning Services Department will notify the applicant of closure, however, failure to notify by the
County shall not eliminate the "closed" status of a petition. An application deemed "closed" may be
re-opened by submitting a new application, repayment of all application fees and granting of a
determination of "sufficiency". Further review of the request will be subject to the then current code.
h\LDC_Amendments\LDC Cycle I - 2003~..7.4.11 CU processing time KD.doc
2.7.4.11.1. Applicabili~. All applications for conditional use whether submitted before or after the
effective date of this ordinance, shall comply with the processing time procedures set forth in section
2.7.4.11. of this code.
I:\LDC_Amendments\LDC Cycle 1 - 2003~2.7.4.11 CU processing time KD.doc
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Kay Deselem, AICP
DEPARTMENT: Planning Services
LDC PAGE: LDC 2:252:2
LDC SECTION: LDC 2.7.5.15
CHANGE: Add a provision for the cancellation of a variance petition submitted and under review if
response to staff comments has not been received within six months of the date on which the
comments were sent to the applicant.
REASON: Currently, a variance petition may remain "open" and supposedly under review pending
response to staff comments, for an indeterminate length of time. Petitions can languish for months or
years with no action from the applicant or the agent. Staff is required to keep the records until such
time as the petitioner decides to resubmit something to the county. In the meantime, the regulations
and surrounding development can change, requiting more staff time to re-review the application based
upon current conditions.
Staff believes six months is an adequate amount of time for the applicant to prepare a response to the
reviewers' comments. A similar amendment was adopted to address the time allotments for rezoning
and PUD petitions as part of the second cycle of 2002 LDC amendments.
FISCAL & OPERATIONAL IMPACTS: Implementation would reduce unnecessary record-keep-
ing and allow better space management by Current Planning Staff
RELATED CODES OR REGULATIONS: LDC Section 2.7.2.16 (adopted in 2002) and LDC
Section 2.7.4.11 (pending this cycle)
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
2.7.5.15. Variance application processing time. An application for a variance 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 variance 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 variance, for a period of six (6)
months. An application deemed "closed" will not receive further processing and shall be withdrawn
and an application "closed" through inactivity shall be deemed withdrawn. The Planning Services
Department will notify the applicant of closure, however, failure to notify by the County shall not
eliminate the "closed" status of a petition. An application deemed "closed" may be re-opened by
submitting a new application, repayment of all application fees and granting of a determination of
"sufficiency". Further review of the request will be subject to the then current code.
I:\LDC_Amendments\LDC Cycle 1 - 2003~.7.5.15 var processing time KD.doc
2.7.5.15.1 Applicability. All applications for a variance whether submitted before or after the
effective dine of this ordinance~ shall comply with the processing time procedures set forth in
section 2.7.5.15. of this code.
h\LDC_Amendments\LDC Cycle 1 - 2003~.7.5.15 var processing time KD.doc
ORIGIN: CDES Division
AUTHOR: Jennifer Moser, GIS Analyst and Daniel J Regan, PSM
DEPARTMENT: Graphics
LDC PAGE: LDC3:30.1
LDC SECTION: 3.2.8.2. - Subdivision Plans
CHANGE: Need to change the wording for clarity
REASON: We need to ensure plans are submitted digitally in the same geographic coordinate
system used by the county.
FISCAL & OPERATIONAL IMPACTS: The fiscal impact to the County will be reduced
because digitally correct data will be incorporated into our system quickly.
RELATED CODES OR REGULATIONS: Division 3.2 Subdivisions
3.2.8.2.
Subdivision plans submission requirements. The subdivision plans shall be prepared
on 24-inch by 36-inch sheets as well as being digitally created on one or more
CDROM disks. All da_to shall be delivered in the North American Datum 1983/1990
(NAD83/90) State Plane coordinate system, Florida East Projection, in United States
Survey Feet units; as established by a Florida Professional Surveyor & Mapper in
accord~nce with Chapters 177 and 472 of the Florida Statutes. All information shall
meet Minimum Technical Standards as established in Chapter 61G 17 of the Florida
Administrative Code ,-,.~ ~:~:,~l ~.., .... ~. ..... ~._:,,~ ..~..., c~, ....~. .... c ......:~
~;~1;~. All rl~ ~11 ~ ~,~1;.,~
~ Files shM1 be in a DigitM Exchange File (D~) fo~at; info~ation layers
shM1 have co~on na~ng conventions (i.e. right-of-way - ROW. centerlines - CL.
edge-of-pavement - EOP. etc.) ~.I!
REVISED following 3/19/03 DSAC meeting
REVISED following 4/30/03 CCPC meeting
REVISED following 5/14/03 CCPC meeting
ORIGIN:
AUTHOR:
DEPARTMENT:
LDC PAGE:
LDC SECTION:
CHANGE:
REASON:
Transportation Division
Pathways Advisory Committee
Diane Flagg, Director
Pathways Advisory Committee
Alternative Transportation Modes
LDC 3.:36 and LDC 3:37
3.2.8.3.17
Increase width of sidewalk; take out definition of bicycle path
Safety
FISCAL AND OPERATIONAL IMPACTS: Increases sidewalk width by 24 inches on
collector and arterial streets; increases sidewalk width 12 inches on local streets;
increases sidewalk cost by 17% to 25%.
RELATED CODES OR REGULATIONS: 3.2.8.4.14
GROWTH MANGEMENT PLAN IMPACT: None
3.2.8.3.17. Sidewalks and bike lanes and-bik-~pa;~. The developeross,.n~a~hnll be --~-e---~-~:'~a
must construct sidewalks ~- ~':~ ..... ~'~ and bike lanes where applicable, as described
below un!ego° ..,u .... : ....... ,~.~ c~ ,u .... ,..~;..:~: ....... ~,: .... ~,,,.:~ ~^a~
Applicability: For all districts, Ssidewalks...--" 5.:~.._... ..... r,--,~,u~ and bike lanes o..-.ou~" must be
constructed contiguous to public and private roadways, which are adjacent to and/or
internal to the site, in conformance with the.,,-._.~'~" .... ...,~,:~ criteria described below.ma4ess
Bike lanes gkal'l must be provided on both sides of collector and arterial
streets.any .................. e, ................... ~ .... , ......... , ......
o:~ ight ..... v ..............................
Sidewalks o,.~ e feet in width or ka .... ,u .......~,; .... ;~,~ o~, must be
provided on both sides of collector and arterial streets.
3. Sidewalks ~- ,,;v .... uo fi-'e six feet in width, ~u~,, must be provided on both
sides of local streets. '~ .... , ~ c~. .....
For multi-family site development and site improvement projects, districts RT,
RMF-6, RMF-12, and RMF-16 and all multi-family residential components of
PUD districts; sidewalks, six feet in width, must be provided on both sides of
local streets with a dedicated public right-of-way or roadway easement. Where
there is no public right-of-way or roadway easement, sidewalks must connect on-
site residential building(s) to a sidewalk within a public roadway or, if no
sidewalk exists, to the right-of-way line in accordance with Code standards
contained herein. Should a two-directional shared use path be utilized, the
minimum paved width must be 10 feet.
5.4:.All sidewalks, b~:kc ~'~'~ o ....
~, ..... and bike lanes along public and private roadways ~u~,
must be constructed in accordance with design specifications identified in section
3.2.8.4.14. and division 2.8 of this Code.
Co
:~.6._:. 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, ;h~l must include sufficient right-of-
way to accommodate the roadway, sidewalks, e~M41e-pag~ and bike lanes, where
required. ]?,ik-epat~ B_.bike lanes and sidewalks :ha!! must be constructed
concurrently with the roadway interconnection.
87_ Where planned right-of-way improvements by the County Transportation
Division scheduled in the capital improvements program (CIP) would cause the
removal of any sidewalks~ or bike lanes ....
i~e~s4s-st~d, the developer, in lieu of construction of the required
sidewalks ...... r ..... and bike lanes, ~ha!! must provide funds for the cost of
sidewal~ and bike lane construction as defined by the Schedule of
Development of Review and Building Petit Fees into
-,.~ ......... r ........................... for future construction of
required sidewalks/bikepatt~ and bike ]aries, by the county. The time frame for
this funding option is two years from the date of issuance of the first buildin~
permit to the date that the road construction is required to be bid.
ORGIN:
AUTHOR:
DEPARTMENT:
LDC PAGE:
LDC SECTION:
CHANGE:
REASON:
REVISED following 4/9/03 CCPC meeting
Transportation Division
Diane Flagg; Pathways Advisory Committee
Alternate Transportation Modes
LDC 3:48 & 3:49
3.2.8.4.14
Change construction material to concrete for sidewalks.
Safety
FISCAL & OPERATIONAL IMPACTS:
Cost of maintenance reduced.
RELATED CODES OR REGULATIONS: 3.2.8.3.17
3.2.8.4.14
Sidewalks ~-~ t.,. .... z.~ All sidewalks ~ shall be
constructed of Portland cement concrete, or ............... r
.... ;~ ~:.~ ............ · .....:~ a ,~-, ~ in conformance with
~+:^~ :"-~*-~*~4 ~- the standard right-of-way cross sections contained
in appendix B in locations illustrated on an approved site development
plan.
Concrete sidewalks ~ shall be four-inch-thick, Portland cement
concrete with a 28-day compressive strength of 3,000 psi. Expansion
joints shall be one-half-inch preformed bituminous conforming to the
latest edition of ASTM. Contraction joints shall be saw-cut joints with
longitudinal spacing equal to the width of the walk. The saw cut depth
shall equal or exceed one-forth the concrete thickness. All workmanship
materials, methods of placement, curing, forms, foundation, finishing, etc.
shall be in conformance to the latest edition of FDOT Standard
Specifications for Road and Bridge Construction, section 522.
4-2__.
All biegete bike lanes shall be designed, constructed, and signed in
accordance with the most current "Florida Bicycle Facilities Design
Standards and Guidelines" requirements.ka;'e :.:gnagc ...............
v
Cc.n~.l r,~..:~
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Ross Gochenaur
DEPARTMENT: Planning Services
LDC PAGE(S): LDC3:68
LDC SECTION: 3.3.3. Applicability
CHANGE: To exempt neighborhood parks, as defined by Division 6.3 (see amendment
to Div. 6.3 Definitions), from the provisions of Division 3.3. which require submittal of a
Site Development Plan (SDP) and from Division 2.4.7. concerning minimum landscaping
buffering between uses. A conceptual site plan review process is proposed as the
alternative to the more extensive and lengthy SDP process.
REASON: The minimal improvements required for a neighborhood park, as defined in a
separate amendment, are not sufficient to require a Site Development Plan or Site
Improvement Plan. The proposed change would allow review of these projects in the
minimum amount of time and at the least expense to the County and the taxpayers. As to
the deviation from landscaping, there is a recognized health, safety, and welfare concern
in certain instances that justifies the deviation.
FISCAL & OPERATIONAL IMPACTS: None: the fee for review of a Conceptual
Site Plan would be commensurate with the time spent in reviewing the project
RELATED CODES OR REGULATIONS: Division 6.3, proposed definition of "park,
neighborhood"
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
Sec. 3.3.3. Applicability.
All development, except as otherwise provided herein, is subject to the provisions of this
division. The provisions of this division shall not apply to the following land use
activities and represents the sole exceptions therefrom:
1) Single-family detached and two-family housing structure(s) on a lot(s) of record
except as otherwise provided at section 2.6.27 (cluster development).
2)
Underground construction; utilities, communications and similar underground
construction type activities.
3)
Accessory and ancillary facilities for a golf course such as restrooms, irrigation
systems, pump-houses where a preliminary work authorization has been entered
into with the county except where a site alteration permit is required by this Code.
4)
Construction trailers and storage of equipment and materials following issuance
of a building permit for the use to which said activities are a function of, except as
otherwise provided by section 2.6.33.
5) Model homes and sales centers, except as otherwise provided by section 2.6.33.
6)
7)
Project entryway signs, walls, gates and guardhouses.
Neighborhood parks, subject to the approval of a conceptual site plan, depicting,
on a 24" by 36" sheet, all site clearing; improvements, including fences and walls,
playground equipment, walkways, picnic areas, and play areas; and minimum
Code landscaping (irrigation or manual watering system is required). For the
purposes of review fees only, this plan shall be treated as a Conceptual Site
Development Plan, and the applicable review fee shall apply.
a)
Minimum landscape buffering. Under certain circumstances with
neighborhood parks, there may be underlying health, safety and
welfare concerns that necessitate deviation from the buffering required
in Section 2.4. The planning services director will determine, on a
case-by-case basis, whether such deviation is necessary. This
determination will be made upon a request for determination from the
Applicant, which must include all reasons that would justify the
deviation. The planning services director will use factors including,
but not limited to, the following when making a determination for
deviation:
1. The geographic location of the neighborhood park;
2. The affects that a lack of buffering will have on neighboring
uses; and
The need to ensure that the public safety is maintained by
providing law enforcement and other policing entities clear
view of the activities occurring on the park premises.
While the above land use activities shall be exempt from the provisions of division 3.3,
these land use activities are subject to all other provisions of the Land Development Code
such as but not limited to landscaping (with the exception of #7a listed above), tree
removal, development standards and the submission requirements attendant to obtaining
temporary use and building permits.
(Ord. No. 99-6, § 3.H.; Ord. No. 00-92, § 3.H.)
ORIGIN: CDES Division
AUTHOR: Jennifer Moser, GIS Analyst and Daniel J Regan, PSM
DEPARTMENT: Graphics
LDC PAGE: LDC3:68
LDC SECTION: 3.3.7.1.2. - Site Development Plans
CHANGE: Need to change the wording for clarity
REASON: We need to ensure plans are submitted digitally in the same geographic coordinate
system used by the county.
FISCAL & OPERATIONAL IMPACTS: The fiscal impact to the County will be reduced
because digitally correct data will be incorporated into our system quickly.
RELATED CODES OR REGULATIONS: Division 3.3 Site Development Plans
3.3.7.1.2
Site Development plans. A site development plan prepared on a maximum size sheet
measuring 24 inches by 36 inches drawn to scale as well as being digitally created on
one or more CDROM disks. All data shall be delivered in the North American Datum
1983/1990 (NAD83/90) State Plane coordinate system, Florida East Projection, in
United States Survey Feet units; as established by a Florida Professional Surveyor &
Mapper in accordance with Chapters 177 and 472 of the Florida Statutes. All
information shall meet Minimum Technical Standards as established in Chapter
of the Florida Administrative Code w,.~ a:.:,.~ ~ ..... ~..... [ffi:,,~
61G17 ....... ~,
: .... ": .... :fififil ..... f *n < C""* Digit~ Exch~geFile
m~ .......................... ... . ...~. _ . ~. Files sh~l be in a
(D~) fo~at; infomation layers shall have co--on n~ng conventions (i.e. dght-
of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc.). Al! plmns
REVISED for consistency with Subdivision Section 3.2.8.3,17, per public request
at the May 21, 2003 BCC LDC Hearing
ORIGIN:
AUTHOR:
DEPARTMENT:
LDC PAGE:
LDC SECTION:
CHANGE:
Transportation Division
Pathways Advisory Committee
Diane Flagg, Director
Pathways Advisory Committee
Alternative Transportation Modes
LDC 3:36 and LDC 3:37
3.3.7.1.9.12
Increase width of sidewalk; take out definition of bicycle path
REASON:
Housekeeping and Consistency with 3.2.8.3.17
FISCAL AND OPERATIONAL IMPACTS:
Increases sidewalk width by 24 inches on collector and arterial
streets; increases sidewalk width 12 inches on local streets;
increases sidewalk cost by 17% to 25%.
RELATED CODES OR REGULATIONS: 3.2.8.3.17 and 3.2.8.4.14
GROWTH MANGEMENT PLAN IMPACT: None
12. Sidewalks and bike lanes --~ ua....,u~ For all projects required to be developed
through the site development plan (SDP) process, the developero,,,,,"u~" ,.,,,~ ...... ,~--~:~ ,~,~
must construct sidewalks ~ ~d bike lanes where applicable, as described
e ow, ggS ................. F .......................... ~ ....................
Applicability: For all districts, gsidewalks o~6hepaths, and bike lanes :hall
must be constructed contiguous to public and private roadways which are
adjacent to and/or internal to the site, in conformance with the c~......,. .... .._.e;-" criteria
described below:
Sid alks ~:v ight feet i idth ..... v .....................
:ha!! must be provided on both sides of collector and arterial streets.
~, ~,:t.~ -n.~,~ ~,,,~ six feet in width, ~,,n~l must be
b. Sidewalks, ,~ ...... v .... ,
provided on both sides of local streets---.~,~v, .....
c. Bike lanes must shall be provided on both sides of collector and
~ I ~In~;.,~,~,-1 1.,.1~1-,~ +i.,,~.,-, a 1,-,,.,,-.1 ~+~+/.; ~ ~11~+~
arte a streets, anyo..~,~,~+-~+ ............. e, .................... ,, ............. ,
d_. For multi-family site development and site improvement projects,
districts RT, RMF-6, RMF-12, and RMF-16 and all multi-family
residential components of PUD districts; sidewalks, six feet in width, must
be provided on both sides of local streets with a dedicated public right-of-
way or roadway easement. Where there is no public right-of-way or
roadway easement, sidewalks must connect on-site residential building(s)
to a sidewalk within a public roadway or, if no sidewalk exists, to the
right-of-way line in accordance with Code standards contained herein.
Should a two-directional shared use path be utilized, the minimum paved
width must be 10 feet.
-d~_. All sidewalks,-bikepaths and bike lanes along public and private
roadways shall must be constructed in accordance with design
specifications identified in section 3.2.8.4.14. and division 2.8 of this
Code.
j.... 11 ...... ,4 ....
cggers, , ............ .,
~g_f. Developments providing interconnections to existing and future
developments pursuant to the density rating system section of the Collier County growth
management plan future land use element, shall must include sufficient right-of-way to
accommodate the roadway, sidewalks, ~ ~ and bike lanes, where
required. ~ Bbike lanes and sidewalks shall must be constructed concurrently
with the roadway interconnection.
hg. Where planned right-of-way improvements by the County
Transportation Division scheduled in the county's capital improvements program (CIP)
s~dewalks ...... v ..... or bike lanes requirz~ ~"'
would cause the removal of any ' ~;~ .... +un
~, the developer, in lieu of construction of the required
sidewalks~oihepmhs and bike lanes, shall must provide funds for the cost of
sidewal~ and bike lane construction as defined by the Schedule of Development
Review and Building Permit Fees and deposit the same into a pathway fund
the * ...... '*"*; ......;~ ~;-~* .... ~-;~ ~-; .... for future construction of required
sidewalks~dhepmhs and bike lanes, by the county. The time frame for this funding
option is two years from the date of issuance of the first building permit to the date that
the road construction is required to be bid.
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Ross Gochenaur
DEPARTMENT: Planning Services
LDC PAGE(S): 3.78.1
LDC SECTION: 3.3.9 Amendments
CHANGE: Addition of criteria for an Insubstantial Change to an approved Site
Development Plan (SDP)
REASON: An Insubstantial Change to an SDP was previously identified only indirectly
in relation to a substantial change, that is, one where the scope of the work is sufficient to
require an SDP Amendment and the extensive review that such an amendment entails.
The proposed LDC amendment clearly defines an Insubstantial Change, and provides
criteria which will allow staff to be more objective in determining which of these vehicles
would be appropriate in relation to the scope of the work.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
Sec. 3.3.9. Amendments,and insubstantial chain,es
Any proposed change or amendment to a previously approved site development plan
shall be subject to review and approval by the planning services director. Upon submittal
of a plan clearly illustrating the proposed change, the planning services director shall
determine whether or not it constitutes a substantial change. In the event the planning
services director determines the change is substantial, the applicant shall be required to
follow the review procedures set forth for a new site development plan. A substantial
change, requiring a site development plan amendment, shall be defined as: 3.~.9. !. Aany
change which substantially affects existing transportation circulation, parking or building
arrangements, drainage, landscaping, buffering, identified preservation/conservation
areas and other site development plan considerations._; or
~, ......... ;,~ -~ .... ' ....... ~-- The planning services director shall evaluate the
proposed change in relation to the following criteria; for purposes of this section, the
insubstantial change procedure shall be acceptable where the following conditions exist
with respect to the propose change:
There is no South Florida Water Management District permit, or letter of
modification, needed for the work and there is no impact on water
management as determined by the Engineering Director.
There is no new access proposed from any public street however minimal
right-of-way work may be permitted as determined by the Transportation
Planning Director.
There is no addition to existing buildings (air-conditioned space) proposed
however a maximum area of 300 square feet of non-air-conditioned space
used for storage, or to house equipment, will be permitted.
There is no proposed change in building footprint or relocation of any
building on site beyond that needed to accommodate storage areas as
described in number 3 above.
5. The change does not result in an impact on, or reconfiguration of, preserve
areas as determined by the Environmental Services Director.
6. The change does not result in a need for additional environmental data
regarding protected species as determined by the Environmental Services
Director.
The change does not include the addition of any accessory structure that
generates additional traffic as determined by the Transportation Planning
Director, impacts water management as determined by the Engineering
Services Director, or contains air-conditioned space
8. The change does not trigger the requirements of Division 2.8 as determined by
the planning services director.
e
There are no revisions to the existing landscape plan that would alter or
impact the site plan (as opposed to only the landscape plan) as determined by
the landscape architect.
(Ord. No. 99-6, § 3.H, 1-27-99)
May 23, 2,003
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Barbara Burgeson, Principal Environmental Specialist; Bill Lorenz,
Environmental Services Director.
DEPARTMENT: Environmental Services
LDC PAGE(S): 3:101 - 3:104.8
LDC SECTION: 3.5.7. Construction requirements for the construction of
excavations; and 3.5.10. Performance Guarantee requirements; Add section 3.5.11.
Littoral Shelf Planting area.
CHANGE: The proposed amendment increases the required littoral plantings from 2
percent to 7 percent. The change also revises the current definition of the littoral zone to
that of a Littoral Shelf Planting Area (LSPA) and provides more detailed criteria
addressing the LSPA's location, elevations, configuration and plant selection. Signs
posting the boundary of the area are now required and specific information must be
included in the required plans. Native plants that recruit into the LSPA will now count
towards the long-term coverage requirement. Criteria are also provided to address out of
compliance conditions for existing lakes and for reviewing amended plans. The current
performance guarantee for the plantings has been eliminated as well as the requirement
for compensating littoral areas for bulkheads. The LSPA for multiple lake systems is
encouraged to be consolidated at a single location without increasing the required area as
is now required.
REASON: Many littoral zone planted areas are not surviving. The current definition of
Littoral Zone is very restrictive and in some areas with altered ground water conditions
may not support wetland plants. The proposed changes include a better definition of a
littoral shelf and are intended to provide better design and operational standards to
increase the success rate of required littoral zone planted areas in excavated lakes. Also,
the LDC must require a planted littoral shelf equal to at least 2.5 percent of a stormwater
pond's area to be consistent with the recently adopted Conservation and Costal
Management Element (CCME) Policy 6.1.6.
FISCAL & OPERATIONAL IMPACTS: The cost of planting the LSPA is directly
proportional to the required size of the LSPA. The average planting cost is approximately
$10,000 per planted acre. A 100-acre residential development will typically require 15
acres of stormwater lakes that in turn will now require a 1.1-acre LSPA at a cost of
$11,000. This compares to $3,800 using the CCME Policy requirements of 2.5 percent of
the lake area. Setting aside additional area for the LSPA may require additional area
around an excavation to be set aside or may reduce the amount of fill material that is used
from the excavation thus requiring additional material to be hauled from off-site. Staff
estimates that the quantity of material left in the excavation is roughly 600 cubic yards
per a 1-acre stormwater pond. In the 100-acre residential development example, direct
costs of this fill equates to $72,000 ($8 per cubic yard) or $240 per unit assuming a
Page I of 9
May 23, ~005
density of 3 units per acre. The amendments will not increase staff review time or
administrative costs.
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: CCME Policy 6.1,6 requires wet
detention ponds to have a littoral shelf with an area equal to 2.5 percent of the pond's
surface area. Therefore, the proposed LDC requirements shall be at least 2.5 percent.
The adopted requirement for the Rural Fringe area is 30 percent, but is not yet in effect.
Amend the LDC as follows:
2.4.6.5. Littoral zone planting. All developments that create lake areas shall provide
3.5.7.2.5. a littoral shelf planting area in accordance with section 325.11.
3.5.7.2.4. Exceptions to the side slope requirements that may be justified by such
alternatives as artificial slope protection or vertical bulkheads shall be approved in
advance by the site development review director, where justification shall be documented
in a design analysis prepared by a professional engineer registered in the State of Florida.
Bulkheads may be allowed for no more than 40 percent of the shoreline length, but
1
Page 2 of 9
May 23, ~003
3.5.7.2.65.
Page 3 of 9
No building construction permits will be issued for any proposed construction
around the perimeter, of any excavation where the minimum clearance
between the excavation top-of-bank and the proposed building foundation is
less than 30 feet, unless and until all side slopes adjacent to the proposed
construction have been completed and approved by the development services
director. Exceptions to this requirement will be made in those instances
where the perimeter of the excavation will be bulkheaded in accordance with
the provisions of section 3.5.7.2.4.
May 23, 2003
3.5.7.3.2. Minimum. In order to assure that unsightly conditions or undesirable aquatic
growth will not occur in wet retention areas during the dry season of the year, the bottom
elevation of these excavations shall be at least six feet below the men~ ann',:~ !.~w water
te-ve4 dry season water table.
3.5.7.8. Non-water management system lakes. Non-water management system lakes of a
surface area of one acre or less, may be riprapped along their entire shoreline under the
following conditions:
a. Side slopes shall be at a minimum ratio of two to one.
bo
..... a ~. ~u~ ~,.~ a:~ .... c~:... Littoral shelf areas must conform to
section 3.5.11.
Riprapping must extend down to the slope breakpoint required by section
3.5.7.2, LDC.
The lake shall have protective barriers to prevent vehicular access where
necessary.
e. The lake shall meet all of the design requirements of section 3.5, LDC.
3.5.7.9. Amendments to approved excavations. Substantial changes to any approved
excavation permit, (i.e. changes resulting in an increase of 20 percent or more in
excavated volume resulting in less than 50,000 additional cubic yards), must be submitted
to project plan review for review and approval, with such approval granted in writing
prior to commencement of any proposed change. Littoral shelf areas must conform to
section 3.5.11.3. Failure to comply with the permit requirements shall be cause for the
development services director to issue stop work orders on all excavation related
activities taking place or planned for the subject property. Insubstantial changes shall not
require prior written approval and shall include reductions in surface area not affecting
water management design quantities of material to be removed. A written description of
proposed insubstantial change, including an illustrated as-built as per the excavation
permit, to any approved excavation shall be submitted in writing to project plan review
and to the development compliance department.
Page 4 of 9
May 23, 2003
3.5.7.10.11. Littoral zone plantings must conform to subsection 3.5.7.2.5.11.
Sec. 3.5.10. Performance guarantee requirements.
3.5.10.2. The performance guarantee shall be executed by a person or entity with a legal
or financial interest in the property and shall remain in effect until the excavation and the
requirements of section 3.5.11 is are completed in accordance with this division.
Performance guarantees may be recorded in the official records of the county and title to
the property shall not be transferred until the performance guarantee is released by the
development services director.
Sec. 3.5.11 Littoral Shelf Plantine Area (LSPA).
The purpose and intent of a littoral shelf planting area (LSPA) is to establish a planted
area within an excavated lake that will support wetland plants, improves the water quality
within the lake and provides habitat for a variety of aquatic species including wading
birds and other waterfowl. Contained within an excavated lake, this area will typically
function as a freshwater marsh. Accordingly~ the following requirements have been
established in order for the LSPA to be designed and maintained to accomplish this stated
purpose and function.
3.5.11.1
Design Requirements.
3.5.11.1.1 Area Requirements. The total area of the LSPA shall be calculated as a
percentage of the total area of the lake at control elevation. Area requirements vary_
within the County and are as follows:
a. Rural Fringe Mixed Use District - Reserved;
b. All other areas - 7 percent.
3.5.11.1.2 Location Criteria. Unless otherwise allowed for, the LSPA shall be
concentrated in one location of the lake(s), preferably adjacent to a preserve area, in order
to maximize its habitat value and minimize maintenance efforts. Multiple locations for
meeting the LSPA area requirement within a single lake shall be allowed as long as a
single LSPA is no smaller than 1,000 square feet. Whenever possible, the LSPA should
be located away from residential lots in order to avoid maintenance and aesthetic
conflicts with residential users, and the LSPA should be located adjacent to control
structures or pipe outlets or inlets in order to maximize water quality benefits. However,
the LSPA shall be located no closer than 20 feet from any discharge structure or pipe
Page 5 of 9
May 23, 2003
intake so as to not impede flow. If the LSPA is located around a discharge structure, the
20-foot setback shall extend waterward of the discharge structure to a point in the center
of the lake. For interconnected lake systems, the total required area of the LSPA for ail
lakes may be configured within a single lake and at one location.
3.5.11.1.3 Shelf Elevation. The design elevation(s) of the LSPA shall be determined
based on the ability of the LSPA to function as a marsh community and on the ability of
selected plants to tolerate the expected range of water level fluctuations. Generaily,
marsh communities in this area have a hydroperiod of between 6 and 10 months. Wet
seasonal water levels range from 12 to 24 inches above ground elevation. Dry seasonal
water levels are 6 inches below ground elevation for an average year and 46 inches below
ground elevation for a 1 in 10 year drought. The design of the shelf may deviate from
these reference vaiues if site-specific data and information is presented that supports the
proposed elevations.
3.5.11.1.4 Shelf Configuration. The LSPA shall be designed so that the slope of the shelf
is as flat as possible. An undulating bottom allowing for shallow pooling during the dry
season is encouraged. Shelves may be terraced to provide for varying elevations for
different plant species. The area requirements specified in 3.5.11.1.1 shall only be
satisfied by those areas planted on a shelf that has an average slope of 8:lor flatter.
Shelves having undulating bottoms and terraced configurations shail be deemed to meet
the slope requirements if the average slope across the shelf is 8:1 or flatter.
3.5.11.1.5 Plant Selection and Specifications. Plants shall be selected based on the
expected flooding durations, maximum water depths, and expected saiinity
concentrations for which the selected plants can survive. The LSPA shail be initiaily
planted with at least three different species of native, nursery grown or otherwise legaily
obtained vegetation. No species shall constitute more than 50 percent of coverage, and at
least one species shall be herbaceous. Spacing shall be no more than: 20 feet for trees; 5
feet for shrubs; and 36 inches on center for herbaceous plants. At the time of planting,
minimum size shall be: 3 gallon (minimum 4 feet high) for trees; 1 gailon for shrubs and
12 inches for herbaceous plants. Clustering of plants shall be ailowed to provide for
scattered open areas as long as the open areas do not constitute more than 20 percent of
the required shelf area and the elevations of the open areas are at least a foot deeper than
the surrounding planted area.
3.5.11.1.6 Posted area. The boundary_ of the LSPA shail be posted with appropriate
signage denoting the area as a LSPA. Sign(s) should note that the posted area is a
Littoral Shelf Planting Area that provides ecological benefits to the area and contains
specific instructions to ensure that the planted area will not be subjected to herbicidai
treatments or other activities that will kill the vegetation. The signs shail be no closer
than ten feet from residential property lines; be limited to a maximum height of four feet
and a maximum size of two square feet; and, otherwise comply with Section 2.5.6. A
minimum of two signs shall be provided to mark the extent of the LSPA. Maximum sign
spacing shail be 150 feet.
Page 6 of 9
May 23, 2003
3.5.11.1.7 Required Information. The Planting Plan for the LSPA shall provide the
following information:
1. Calculation table showing the required area (square feet) for the LSPA and its
percentage of the total area at control elevation (NGVD);
2. Control Elevation (NGVD) and Dry Season Water Table (NVGD);
3. Maximum water depth (feet) and estimated number of months of flooding for the range
of planted elevations within the LSPA;
4. A plant list to include the appropriate range of elevations for each specified plant
species, spacing requirements, and plant size;
5. Planting locations of selected plants.
3.5.11.2 Operational Requirements: Littoral
maintained according to the following requirements:
Shelf Planting Areas shall be
3.5.11.2.1 Eighty percent vegetative coverage of the LSPA is required within a two-year
period following the initial planting and shall be maintained in perpetuity. Native plants
that recruit within the LSPA will be counted towards this coverage requirement except as
required per section 3.5.11.2.2. The LSPA must be kept free of refuse and debris.
3.5.11.2.2 Prohibited exotics and nuisance species shall be removed as they occur,
manually or with U.S. Environmental Protection Agency approved herbicides. Prohibited
exotics are those species as listed, in Section 2.4.4.12. For the purpose of this section,
nuisance species include those species listed as Class ! and Class II Prohibited Aquatic
Plants specified in Chapter 62C-52.011, Florida Administrative Code. Cattails shall be
removed manually or with U.S. Environmental Protection Agency approved herbicides
when they exceed ten percent coverage of the required LSPA area.
3.5.11.3 Application to existing lakes. All previously approved projects shall meet
the Operational requirements required in 3.5.11.2.
3.5.11.3.1 Proiects approved and constructed according to previous standards may have
to meet the new standards if the littoral shelves are no longer functioning, subject to the
following criteria:
a. The amount of planted area shall be the same as that required in the original approval;
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
3.5.11.1.3. The planted area shall be consolidated as much as possible subject to the
criteria found in 3.5.11.1.2.
Page 7 of 9
May 23, 2.003
c. Subject to the assessment described in b., the existing planting slopes should be as flat
as possible but the 8:1 requirement of 3.5.11.1.4 shall not be required.
d. Plant selection and specifications shall conform to 3.5.11.1.5;
e. Signage of the planted littoral areas shall be required subject to 3.5.11.1.6.
3.5.11.3.2 For amendments to approved excavations where the proposed amendments
will modify the previously approved lake shoreline or increase the previously approved
lake area, signage of the-planted littoral areas shall be required subject to 3.5.11.1.6. [
For amendments that modify less than 20 percent of the previously approved
shoreline but increase the previously approved lake area, only the additional portion
of the lake shall be used to calculate the additional LSPA area using the percentage
requirements of 3.5.11.1.1. (See figure 3.5.11.3.2.) This additional LSPA shall
conform to the design requirements of 3.5.11.1.
b. For amendments that modify 20 percent or more of the previously approved
shoreline, the total lake area shall be used to calculate the LSPA area using the
percentage requirements of 3.5.11.1.1. (See figure 3.5.11.3.2.) The LSPA shall
conform to the design requirements of 3.5.11.1.
3.5.11.4 Exemptions. Lake excavation activities which are lawfully permitted and used
for aquaculture shall be exempt from the LSPA requirements. Lake excavation activities
subject to the Resource Extraction Reclamation Act (Ch. 378, Part IV, Fla. Stat.) shall be
exempt from the LSPA requirements but shall otherwise be required to follow the mine
reclamation requirements required in Section 3.5.7.6.
Page 8 of 9
May 23, 2003
Figure 3.5.11.3.2
existing lake
lake addition
For amendments that modify the existing lake area
by adding an addition, only the new portion of the lake
shall be used to calculate the LSPA area using the
percentage requirements of 3.5.11.1.1.
existing shoreline
modified lake shoreline
For amendments that modify the existing shoreline
by greater than 20 percent, the total lake area
shall be used to calculate the LSPA area using the
percentage requirements of 3.5.11.1.1.
Renumber remaining sections.
Page 9of9
May 2003
ORIGIN: Community Development and Environmental Services Division
AUTHOR: Barbara Burgeson, Principal Environmental Specialist
DEPARTMENT: Environmental Services
LDC PAGE: LDC3: 132.1, supplement 11
LDC SECTION: Sec. 3.9.5.5.6
CHANGE: Incorporate some of our native vegetation preservation requirements, that
currently exist in the LDC and GMP's or have been policy and procedures for the past
five years or greater, into one easily accessible section regarding Preserves. This
amendment also clarifies language to better reflect how staff currently applies existing
code provisions and provides details that have been requested by the development
community to provide needed guidance. The intent of the proposed amendments is to
provide minimum criteria for on site Preserves.
REASON: These amendments allow the community to easily locate the criteria for
protecting preserves, which has been located in several different sections of the LDC.
FISCAL & OPERATIONAL IMPACTS: The proposed amendments should have no
fiscal impact, as it does not require any additional preservation than the current Code and
Policies.
RELATED CODES OR REGULATIONS: LDC Sections 3.9.5.5.3, 3.9.5.5.4,
3.9.6.6.5, 3.9.6.6.4.2, 3.2.8.4.7.3, Collier County GMP - Conservation and Coastal
Management Element
GROWTH MANAGEMENT PLAN IMPACT: The proposed amendments are
consistent with the Conservation and Coastal Management Element Policy
3.9.5.5.6 Native Preserve criteria
Identification. Native vegetation that is required to be preserved pursuant
to 3.9.5.5 shall be set-aside in a Preserve. Areas set aside as preserves
shall be labeled as "Preserve" on all site plans.
Minimum dimensions. The minimum width of the preserve shall be:
a. twenty feet, for property less than ten acres.
b. an average of thirty feet in width but not less than twenty feet in
width, for property equal to ten acres and less than twenty acres.
Page I of 3
May 2003
c. an average of fifty feet in width but not less than twenty feet for
property of twenty acres and greater.
3. Created Preserves. Where created preserves are approved, the landscape
plan shall re-create a native plant community in accordance with the
vegetation sizes and standards set forth in 3.9.5.5. The spacing of the plants
shall be as follows: twenty to thirty foot on center for trees with a small
canopy (less than 30 ft mature spread) and forty foot on center for trees with a
large canopy (greater than 30 ft mature spread), five foot on center for shrubs
and three foot on center for ground covers. Plant material shall be planted in a
manner that mimics a natural plant community and shall not be maintained as
landscaping. Minimum sizes for plant material may be reduced for scrub and
other xeric habitats where smaller size plants material are better suited for re-
establishment of the native plant community.
a. Approved created preserves, identified in 3.9.5.5 as mitigated
native preservation, may be used to recreate:
1. not more than one acre of the required preserves if the
property has less than twenty acres of existing native
vegetation.
2. not more than two acres of the required preserves if the
property has equal to or greater than twenty acres and less
than eighty acres of existing native vegetation.
3. not more than 10% of the required preserves if the
property has equal to or greater than eighty acres of
existing native vegetation.
b. The minimum dimensions shall apply as set forth in 3.9.5.5.6.2.
c. All perimeter landscaping areas that are requested to be approved
to fulfill the native vegetation preserve requirements shall be
labeled as preserves and shall comply with all preserve setbacks.
d. Created preserve exceptions may be granted:
1. when a State or Federal permit requires creation of native
habitat on site. The created preserve acreage may fulfill all or
part of the native vegetation requirement when preserves are
planted with all three strata; using the criteria set forth in
Created Preserves. This exception may be granted, regardless
of the size of the project.
2. when small isolated areas (of less than ½ acre in size) of native
vegetation exist on site. In cases where retention of native
vegetation results in small isolated areas of V2 acre or less,
preserves may be planted with all three strata; using the criteria
set forth in Created Preserves and shall be created adjacent
existing native vegetation areas on site or contiguous to
preserves on adjacent properties. This exception may be
granted~ regardless of the size of the project.
when an access point to a project cannot be relocated. To
comply with obligatory health and safety mandates such as
Page 2 of 3
May2~3
road alignments required by the State, preserves may be
impacted and created elsewhere on site.
..
Required Setbacks to Preserves. All principal structures shall have a
minimum 25-foot setback from the boundary of any preserve. Accessory
structures and all other site alterations shall have a minimum 10- foot
setback from the boundary of any preserve. There shall be no site
alterations within the first 10 feet adjacent to any preserve unless it can be
demonstrated that it will not adversely impact the integrity of that
preserve. (i.e.. Fill may be approved to be placed within 10 feet of the
upland preserve but may not be approved to be placed within 10 feet of a
wetland preserve, unless it can be demonstrated that it will not negatively
impact that wetland.)
Invasive Exotic Vegetation Removal and Maintenance Plans. Exotic
vegetation removal and maintenance plans shall require that category I
exotics be removed from ail preserves. All exotics within the first 75 feet
of the outer edge of every preserve shall be physically removed, or the tree
cut down to grade and the stump treated with a U.S. Environmentai
Protection Agency approved herbicide and a visuai trace dye applied.
Exotics within the interior of the preserve may be approved to be treated
in place, if it is determined that physical removal might cause more
damage to the native vegetation in the preserve. When prohibited exotic
vegetation is removed, but the base of the vegetation remains, the base
shall be treated with an U.S. Environmental Protection Agency approved
herbicide and a visual tracer dye shall be applied. A maintenance plan
shall be implemented on a yearly basis at a minimum, or more frequently
when required to effectively control exotics, and shall describe specific
techniques to prevent reinvasion by prohibited exotic vegetation of the site
in perpetuity. The plan shail be approved prior to the issuance of any
finai locai development order.
Exemptions. Applications for development orders authorizing site
improvements, i.e., an SDP or FSP and on a case by case basis a PSP, that
are submitted and deemed sufficient prior to June 16, 2003 are not
required to comply with the new regulations in section 3.9.5.5.6 adopted
on June 16, 2003.
Page 3 of 3
TDC and CAC Review of proposed LDC Amendments to Section 3.14
At the May 21, 2003 Public Hearing for Cycle 1 LDC Amendments, the BCC directed staff to seek the
recommendations of the TDC regarding the proposed Vehicle on the Beach Amendments. The proposed
amendments (Section 3.14 "Collier County Vehicle on the Beach Regulations") were presented to the CAC
on April 10, 2003 and to the TDC on April 28, 2003. All committees including the CAC, TDC, Planning
Commission, EA C and the DSA C have approved the proposed amendments.
The following are excerpts from the CAC and TDC meeting minutes:
Transcript of the meeting of the April 10, 2003 Coastal Advisory Committee
Proposed changes to the Land Development Code Section 3.14, "Collier County Vehicle ori ilia-
Beach Regulations"
Maura Kraus reported the LDC Amendments went to Planning
Commission and consolidated some of the codes from being redundant
and making it simpler.
They consolidated the Annual Beach Events, Permits for the
Concession Facilities and the permitted uses of Commercial property.
Clarified beach raking & incorporated the standards used for the
Permit process into the Code.
Added section allowing large equipment on the beach that could not
meet the PSI requirements for the heaviness of the equipment. The
tire tread identification was taken out.
Speakers
Doug Findley - Gulf Shore Blvd. - lives next to Park Shore Beach - believes in a natural beach. He is
opposed to regular beach raking. Raking during sea turtle nesting can destroy nests that might escape
markings after evening rains or high tides. Raking picks up very little trash and removes only sand and
shells. The beaches are free of trash, sometimes when there is trash it can be picked up by hand. People
need to be educated about how cosmetic intrusions can be harmful to the environment. Start the process
of education with the tourists of who become the future residents. A natural beach is the healthiest and
best beach. He wants to keep the sand and shells and the wildlife.
He is happy the committee is looking at storm water outfalls.
Mr. Pennington moved to endorse the changes for the Land Development Codes presented by Maura
Kraus. Seconded by Mr. Strapponi.
Carried unanimously 8-0.
T~anscriPt of the April 28, 2003 Tourist Development Council
Proposed Changes to the Land Development Code Section 3.14, "Collier County Vehicle on the
Beach Regulations" - Maura Kraus, Environmental Services Dept.
- Maura gave a report on the Visualizer -
She reviewed the history - 1990 used a chain length fence behind an ATV to smooth the
beaches.
1995 - used a forked rake - 2 inch penetration & smoothed behind with piece of wood.
1996 County purchase the Beach Tech to provide routine maintenance and clean -up after storm
events. DEP issued permits on an "as needed as is".
Have now found out the large machines have some environmental effect that are not good for
the beaches, such as removing sand & shells, seedlings for dunes, reduced integrity of dunes and
root system, removed nutrients for dune vegetation, and eliminates redevelopment of the dunes.
Has an environmental effect on the sea turtles during nesting season, birds, food sources for fish
that feed off the beach, crabs and seaweed in the rock line.
- County has gone to hand pickup of garbage
Smoother - raking of the beach
- Consolidated sections - be used only on an "as needed" basis
Allow large equipment on beach renourishment and maintenance
Added "vehicles on beach permits" in LDC
Commissioner Henning asked what the need for changes were if Parks & Recreation are picking up by
hand and on an "as needed basis"?
It was brought up that the sand and shells are going into a dumpster - according to a slide shown, it was
large quantities in a typical load onto a truck.
The downside is a policy issue - what is being proposed is environmentally friendly, with the downside
being the impact on tourism. The end result is different for tourist. This applies only to the
unincorporated county. The two cities set their own policies. The City of Naples has decided to use
the smoother and hand removal of debris and beach raking "as needed".
Mr. Hovell stated in the past few years they have removed this type of stuff, and gets a number of
comments. It is not what the brochures look like. There is some concern that it could impact visitation
to the beaches.
Commissioner Henning explained the process of the Land Development Code to the Committee. This
will be presented to the Board of Commissioners as the rest of the Advisory Boards. The other Boards
recommended approval of the changes.
Ms. Saunders moved to accept staff's recommendation to make the changes to the LDC as presented
concerning the beach maintenance. Seconded Mrs. Becker. Carried unanimously 6-0.
May 23, 2003
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Maura C. Kraus, Principal Environmental Specialist, and Kim Hadley,
Environmental Specialist
DEPARTMENT: Environmental Services Department
LDC PAGE (S): LDC 3:160 to LDC 3:162.5
LDC SECTION: 3.14 Vehicle on the Beach Regulations
CHANGE: LDC format to consolidate redundant sections. Wording added to beach
raking and mechanical beach cleaning sections to clarify intent (Divisions 3.14.3.6.).
Incorporate an additional sections allowing heavy equipment to be used on the beach in
conjunction with beach nourishment and inlet maintenance and mitigation for impacts
(3.14.3.7). The proposed amendments require a setback of 15 feet to dune vegetation
and turtle nests for raking and mechanical equipment but reduce this distance to 10 feet
for surface grooming equipment that does not penetrate the beach surface. The
requirement of "tire tread identification" was proven impractical and therefore omitted.
(Section 3.14.3.7 and 3.14.7.5.1 (a)). Variance conditions currently included in vehicle on
the beach permits were incorporated into the LDC (Section 3.14.3.6).
REASON: LDC amendments relative to vehicle on the beach permits issued in
conjunction with special or annual beach events (Sections 3.14.3.4), concession facilities
(Section 3.14.3.5) and routine functions associated with permitted uses of commercial
hotel property (Section 3.14.3.6) created during 2002 Cycle 2 were redundant. Staff have
consolidated these into one section (Section 3.14.3.4) to remove unnecessary wording
and confusion. Section 3.14.3.7 was added because the current LDC does not allow the
use of heavy equipment associated with beach nourishment and inlet maintenance.
FISCAL & OPERATIONAL IMPACTS: Fiscal impacts to the County will be reduced
due less frequent use of current equipment minimizing operational and maintenance
costs.
RELATED CODES OR REGULATIONS: None.
GROWTH MANAGEMENT PLAN IMPACT: These amendments support
Conservation and Coastal Management Element Policy 10.5.5: Prohibit motorize vehicles
on the beaches and dunes except for emergency and maintenance purposes. The County
shall enforce this requirement with the existing Vehicle On The Beach Ordinance.
Amend the LDC as follows:
Page I of 9
May 23, 2003
Sec. 3.14.3. Exceptions; permit.
All permits to allow operation of vehicles on county beaches shall expire on April 30, of
each year, to coincide with the beginning of sea turtle nesting season. During sea turtle
nesting season, May 1 through October 31, of each year, all permits shall be subject to
section 3.14.6.4. of this division.
3.14.3.1. Sheriff, city, state and federal police, emergency services, and ~, ............
cc.~mA:a:.c.n the Florida Fish and Wildlife Conservation Commission vehicles operated
or authorized by officers of these departments operating under orders in the normal
course of their duties shall be exempt from the provisions of this division.
3.14.3.2. Vehicles which must travel on the beaches in connection with environmental
maintenance, conservation, environmental work, and/or for purposes allowed by Collier
County Ordinance No. 89-16, providing that the vehicle(s) associated with the permitted
uses of Collier County Ordinance No. 89-16 remain stationary, except to access and
egress the beach, shall be exempt from the provisions of this division if a permit has been
obtained from the ~;'~ ~ ....~ ..........i~;;' Environmental Services Department director
or his designee, and said [permit] is prominently displayed on the windshield of such
vehicle and kept with the vehicle and available for inspection. The procedure for
obtaining such a permit shall be by application to the~..~.~°:*~ -..~......~-..~...'~ .... ~ .......... ~.~.~.~..: ....
Environmental Services Department director in writing stating the reason or reasons why
it is necessary for such vehicle or vehicles to be operated on the beaches in connection
with an environmental maintenance, conservation, environmental purpose and/or for
purposes allowed by Collier County Ordinance No. 89-16, taking into consideration the
vehicular use restriction previously stated as a criterion for an exception, and permit for
such vehicle or vehicles shall be issued by theo~:'~ ........ ~ .... ~..v ...... ....... re;r:-'~-' .... Environmental
Services Department director if the~....~:*~ .....': .... .....~.._.~...~ ...... r~;.i~-.;'.~ .~ Environmental Services
Department director is satisfied that a lawful and proper environmental maintenance.
conservation, environmental purpose and/or purpose as described above and allowed by
Collier County Ordinance No. 89-16 will be served thereby.
3.14.3.3. Baby buggies (perambulators), toy vehicles, toy wagons, wheelchairs or similar
devices to aid disabled or non-ambulatory persons shall be exempt from the provisions of
this division.
3.14.3.4. Vehicle-on-the-beach permits issued in conjunction with special or annual
beach events, in conjunction with permanent concession facilities, or _for other routine
functions associated with permitted uses of commercial hotel properS_. Vehicles which
are used in conjunction with functions on the beach, as ~. ......... by ~,. ,~. ...... ~. ....
..... · · .................~:, ........ ~ ~ .......... ;~ ~e exempt from ~e
provisions of this division if a vehicle-on the-beach pe~t has been grated by ~e
p ......... ~ ...... es EnvironmentM Semices director or his designee. All pe~ts issued ~e
subject to the following conditions ~d li~tations:
Page 2 of 9
May 23, ~003
3.14.3.4. Permits shall only be issued for ATVs when Environmental Services
Department staff has determined that: 1) evidence has been provided that there is a need
to move equipment, which, due to the excessive weigh and distance of equal to or greater
than 200 feet, would be prohibitive in nature to move with, push carts or dollies, doe-to
~.~k:~.;.:..~ ;- ~n, .... · ......... ~' ca.~:, cr '~^":~ or 2) a limited designated work area has
been established at the foot of the dune walkover for loading and unloading and the ATV
use is restricted to that limited identified area.
3.14.3.4.7. During sea turtle nesting season, the following shall apply: 1) no vehicle may
be used on the beach until after completion of daily sea turtle monitoring conducted by
personnel with prior experience and training in nest surveys procedures and possessing a
valid Fish and Wildlife Conservation Commission Marine Turtle Permit; 2)
· .,:,~- ~*:~- '~ '~ '~ ~ there shall be no use of vehicles for set up of chairs or hotel or
commercial beach equipment, etc. until after the beach has been monitored; 3) one
ingress/egress corridor onto and over the beach, perpendicular to the shoreline from the
Co ........... ;
owner's property, shall be designated by the ':~- ~ ....... ~'~ ......
Department~.-.~.~'~'~'~r'~..-~ Collier County_ Environmental Services Department (ESD);
additional corridors may be approved when appropriate and necessary as determined by
the ESD.; a staging area may be approved for large events as determined by the ESD and
4_) except for designated corridors, all motorized vehicles shall be operated below the
Mean High Water line (MHW), as generally evidenced by the previous high tide mark. If
at anytime CCNP. D ESD determines that the designated corridor may cause adverse
impacts to the beach, nesting sea turtles, or the ability of hatchlings to traverse the beach
to the water, an alternative corridor shall be designated. If no alternative is available, as
determined by the ESD, the vehicle-on-the-beach permit may be suspended for the
remaining period of the sea turtle season.
A?/a.
Page 3 of 9
May 23, ~005
(1)
3.14.3,-5~ 4.8 These vehicles may not be used for transportation of people or equipment
throughout the day. The permit shall designate a limited time for equipment set up and
for the removal of the equipment at the end of the day.
Page 4 of 9
May 23, 2,003
(2)
Page 5 of 9
May ~$, 2005
Sec. 3.14..3.5 Permit for construction (excluding beach renourishment and
maintenance activities).
Prior to beginning construction in proximity to a sand dune for any purpose whatsoever,
including conservation, a temporary protective fence shall be installed a minimum of ten
feet landward of the dune. It shall be unlawful to cause or allow construction and related
activity seaward of such fence. Each permit for work shall clearly indicate the provisions
of this Code and the protective measures to be taken and shall be subject to the provisions
of section 3.14.6.4. of this division.
(Ord. No. 93-37, § 3)
Sec. 3.14.&.3.6. Beach raking and mechanical beach cleaning.
3.14.&-1-,3.6.1 Beach raking and mechanical beach cleaning shall be prohibited on
undeveloped coastal barriers unless a state permit is obtained.
3.14.8~.3.6.2 Beach raking and mechanical beach cleaning must comply with the
provisions of section 3.14.6.4. of this division.
3.14.g,-3,3.6.3 Beach raking and mechanical beach cleaning shall not interfere with sea
turtle nesting, shall preserve or replace any native vegetation on the site, and shall
maintain the natural existing beach profile and minimize interference with the natural
beach dynamics and function; which includes the natural wrack-line.
3.14.3.6.4 Beach raking and mechanical cleaning shall not occur below MHW on the wet
sand area of beach which is covered by high tide and which remains wet during low tide.
Beach raking and mechanical beach cleaning shall not operate or drive within 15 feet of
dune vegetation and endangered plant and animal communities, including sea turtle nests.
Surface grooming equipment that does not penetrate the sand may operate or drive to
within 10 feet of dune vegetation and endangered plant and animal communities,
including sea turtle nests.
3.14.g,4 3.6.5. Beach raking and mechanical beach cleaning devices shall not disturb or
penetrate beach sediments by more than the minimum depth necessary, not to exceed
two inches, in order to avoid a potential increase in the rate of erosion. Ln ca,e: -::~ere t~e
Page 6 of 9
~ay 23, 2003
3.14.5.5 3.6.6 Hca:'y~,~.,.~,.,,..,,,: .... · Vehicles with greater than 10 psi ground to fire
pressure, shall not be used to conduct beach r~ng ~ ~:~ ~" ~:~
T:~h ..... :~h* Vehicles ,,,ith ,,A3~ 1 ....... ~1~ ~C .............:-~ less than 10 psi ground
to tire pressure, in con~unction with the attachment of a screen, ha~ow drag or other
si~l~ device used for smoothing may be used to conduct beach r~ng ~
~ upon approval of the ESD or designee.
3.14.3.6.7 Mechanical beach cleaning involving sand screening or a combination of
raking and screening shall only be conducted on an "as needed" basis as determined by
the Public Utilities Engineering Department and the Environmental Services Department.
Necessity will include when large accumulations of dead and dying sea-life or other
debris remains concentrated on the wrack-line for a minimum of two tidal cycles
following a storm event, red tide or other materials which represent a hazard to public
health.
(Ord. No. 93-37, § 3; Ord. No. 93-89, § 3; Ord. No. 01-34, § 3.K.)
Sec.3.14.3.7 Vehicles associated with Beach Nourishment and Inlet Maintenance
3.14.3.7.1 Heavy equipment used in conjunction with beach nourishment, inlet
maintenance, to accomplish FDEP permit requirements, or other unusual circumstance as
determined by the CDES Administrator, which cannot meet the standard PSI, will require
compaction mitigation. Mitigation shall be accomplished by tilling to a depth of 36
inches or other FDEP approved methods of decreasing compaction. Beach tilling shall be
accomplished prior to April 15 following construction and for the next 2 years should
compaction evaluations exceed state requirements.
3.14.3.7.2 Utilization of equipment for the removal of scarps, as required by FDEP, shall
be limited to an ingress/egress corridor and a zone parallel to the MHW. Scarp removal
during sea turtle season shall have prior FDEP approval and coordinated through the
FDEP, FWCC, CCESD and the person possessing a valid Fish and Wildlife Conservation
Commission Marine Turtle Permit for the area.
3.14.3.7.3 No tilling of the beaches shall occur during sea turtle nesting season.
Sec. 3.14.6.4. Operation of vehicles on the beach during marine turtle nesting
season.
The operation of motorized vehicles, including but not limited to self-propelled, wheeled,
tracked, or belted conveyances, is prohibited on coastal beaches above mean high water
during sea turtle nesting season, May 1 to October 31, of each year, except for purposes
of law enforcement, emergency, or conservation of sea turtles, unless such vehicles have
a valid permit issued pursuant to this division. Permits issued pursuant to this division are
not intended to authorize any violation of F.S. § 370.12, or any of the provisions of the
Endangered Species Act of 1973, as it may be amended.
Page 7 of 9
May 23, 2003
3.14.6.4.1. All ~'~"~' .nt.: .... ': --~-~:~ ~'~ ~:~* vehicle use on the beach
during sea turtle nesting season, May 1 to October 31, of each year must not begin before
completion of monitoring conducted by personnel with prior experience and training in
nest surveys procedures and possessing a valid Fish and Wildlife Conservation
Commission Marine Turtle Permit.
Sec. 3.14.7.5..:. Penalties.
Notwithstanding the penalties set forth elsewhere in this Code, violations of this division
are subject to the following penalties:
3.14.~t.5.1. Violations of section 3.14.6.3.6. which do not occur during sea turtle nesting
season, i.e., occur outside of sea turtle nesting season, are subject to up to a $500.00 fine
per violation.
3.14.3.5_.:. 2. Minor infractions of section 3.14.6.3.6, which occur during sea turtle nesting
season are subject to up to a $500.00 fine per violation. Minor infractions are defined as
any activity that will not cause immediate harm to sea turtles or their nesting activity; and
include, but are not limited to, the following: 1) use of an unpermitted vehicle; 2)
vehicles being operated: a) -';~' .........:.~.~ ,:~ ~..~ :~,:c:.~:^~. b a_) without permit
being available for inspection; or e b_) with improper tire pressure.
3.14.5.3. Major infractions of section 3.14.6.3.6, which occur during sea turtle nesting
season, are subject to the following penalties. Major infractions are defined as any
activity that may cause immediate harm to sea turtles or their nesting activities; and
include, but are not limited to, the following: 1) use of a vehicle prior to daily sea turtle
monitoring, 2) use of a vehicle after 9:30 pm, or 3) use of a vehicle outside of a
designated corridor.
First violation: $1000.00 fine and a suspension of permitted activities, including
but not limited to: Beach raking or mechanical cleaning activities, for 70 days or
the balance of sea turtle nesting season, whichever is less.
Second violation: $2,500.00 fine and a suspension of permitted activities,
including but not limited to: Beach raking or mechanical cleaning activities, for
70 days or the balance of sea turtle nesting season, whichever is less.
Third or more violation: $5,000.00 fine and a suspension of permitted activities,
including but not limited to: Beach raking or mechanical cleaning activities, for
70 days or the balance of sea turtle nesting season, whichever is less.
3.14 .4,5 .4, Violations of sections., a . ~, ~. ~ ., a .-. '~ ,' 3 .14 .3 .4 .;.,a . ~, ~, ..,..,.,'~ ~ · ,,,^- .,.,~'~ ~ ~ . .,a . '~,, , which do
not occur during sea turtle nesting season, i.e., occur outside of sea turtle nesting season,
Page 8 of 9
May 23, 2003
are subject to up to a $500.00 fine per violation.
3.14.---7.5.5. Violations of sections.,.~ ~'~...,.,~., a ~ ' 3.14.3.4.;.,..~..~..,., ~ ~A a ~ · ,,.~ .~..~..,.-,.,~ ~A .~ ,: which
occur during sea turtle nesting season are subject to the following penalties:
Minor infractions are subject to up to a $500.00 fine per violation. Minor
infractions are defined as any activity that will not cause an immediate
harm to sea turtles or their nesting activity; and include, but are not limited
to, the following: 1) use of an unpermitted vehicle; 2) vehicles being
operated: a) "':~' ......... :~'~ ~: ...... .~ :.~,:c.~,:^~. b a_) with permit not
available for inspection; or e b_) with improper tire pressure.
Page 9 of 9
ORIGIN:
AUTHOR:
DEPARTMENT:
LDC PAGE:
LDC SECTION:
CHANGE:
REASON:
FISCAL & OPERATIONAL IMPACTS:
RELATED CODES OR REGULATIONS:
County Attorney's Office
Patrick G. White, Assistant County Attorney
County Attorney's Office
LDC 5:10 - LDC 5:12.
5.4.1., 5.4.2., 5.4.3, 5.4.7., 5.4.9.
Replaces references to prior building, construction, technical, and
fire code references with reference to such codes adopted by
reference in Section 1.18. of this Code
To reflect the repeal of prior building, construction, technical, and
fire code references based upon the adoption of the Florida
Building Code and Florida Fire Prevention Code, as amended.
None.
Code of Laws Chapter 22, Article II.
Amend the LDC as follows:
DIVISION 5.4. BUILDING BOARD OF ADJUSTMENTS AND APPEALS
Sec. 5.4.1. Establishment and purpose.
There is hereby established a building board of adjustments and appeals. The purpose
of the building board of adjustments and appeals is to provide a decision-making
body through which an owner of a building or structure, or his duly authorized agent,
may appeal the rejections or refusal of the building official to approve the mode or
manner of construction proposed to be followed or materials to be used in the erection
or alteration of that building or structure, or when it is claimed that the provisions of
the Florida Building Code and Florida Fire Prevention Code as incorporated by
Division 1.18. of this Code ~:~'
e,,;--~:,~ Po,~! r~^a~ do not apply, or that an equally good or more desirable form of
construction can be employed in a specific case, or when it is claimed that the true
intent and meaning of such codes or any of the regulations thereunder have been
misconstrued or wrongly interpreted by the building official.
Sec. 5.4.2. Powers and duties.
The building board of adjustments and appeals shall have the following powers and
duties:
5.4.2.1. To review and approve, with or without modifications or conditions, or
deny an appeal from a decision of the building official with regard to a variance
from the mode or manner of construction proposed to be followed or materials to
be used in the erection or alteration of a building or structure, or when it is
claimed that the provisions of the Florida Building Code and Florida Fire
Prevention Code as incorporated by Division 1.18. of this Code Collier '~.~..,.,...,'''
t~.-.ll;~ t~ .... ,.. Dl..~k;..-. t~.4~ ~ t'~.ll;~ t'~ .... +.. ~...;~;.~ o~1 f"~.-l~ do not
apply or that an equally good or more desirable form of construction can be
employed in any specific case, or when it is claimed that the true intent and
meaning of such building codes and technical codes or any of the regulations
thereunder have been misconstrued or wrongly interpreted.
Sec. 5.4.3. Building board of adjustments and appeals membership.
5.4.3.1. Qualifications. A building board of adjustments and appeals shall be
composed of five regular members appointed by the board of county
commissioners. The Collier County Fire Marshal's Association may recommend
for consideration by the board of county commissioners those two members one
of whom would be an architect or engineer, and one whom must be a fire
protection specialist. The building board of adjustments and appeals shall consist
of members engaged in the following occupations who by reason of education,
experience, and knowledge are deemed to be competent to sit in judgment on
matters concerning the Florida Building Code and Florida Fire Prevention Code
as incorporated by Division 1.18. of this Code,~,.,.-,~.r~'~:~
.......... c:, .... , ............ 7 ............ e, ........ one state- cense
architect or one structural engineer; one class A general contractor; one state-
certified fire protective equipment contractor or state-certified firefighter with the
rank of lieutenant or higher or state certified fire safety inspector with the rank of
lieutenant or higher; one licensed electrical contractor; and one licensed plumbing
or mechanical contractor. The members shall serve for a term of four years,
except for initial appointees who shall serve as follows: two for a term of one
year; two for a term of two years; one for a term of three years.
Sec. 5.4.4. Quorum.
Three members of the building board of adjustments and appeals shall constitute a
quorum. In varying the application of any provision of the Florida Building Code and
Florida Fire Prevention Code as incorporated by Division 1.18. of this Code ~
t'~ .... ... Dh,.~l-,:~ t'~,'i~ ,'-~ t'~ll;,~- t'~ .... *.. e,.,;----:--* r)~^, Co~ or in modifying an
order of the building official or the public safety administrator, an affirmative vote of
not less than three building board members shall be required.
Sec. 5.4.7. Standard appeal procedure; time limit; fee.
5.4.7.1. Whenever the building official shall reject or refuse to approve the mode
or manner of construction proposed to be followed or materials to be used in the
erection or alteration of a building or structure, or when it is claimed that the
provisions of the Florida Building Code and Florida Fire Prevention Code as
incorporated by Division 1.18. of this Code r,~,,:~-
m,,.~.;-~ ,~.~ ~- r,~]:~. ,'- .......e...;~--;-~ n~^, ,-,~,~ do not apply or than an
equally good or more desirable form of construction can be employed in any
specific case. or when it is claimed that the true intent and meaning of the Florida
Building Code and Florida Fire Prevention Code as incorporated by Division
1 18. of this Code r,^n;~, t-, ....... e.~.~..~ r~,.:~,~:~, r,,-.~
Cot:nty~,e"';--~;~----~-~ Pool r,~.~..,~ or any of the regulations thereunder have been
misconstrued or wrongly interpreted, the owner of such building or structure, or
his duly authorized agent, may appeal from the decision of the authority having
jurisdiction to the building board of adjustments and appeals. Notice of appeal
shall be in writing and on appeal forms provided by the secretary of the building
board. Notice of appeal shall be filed at the project review services section of the
development services department within 30 days after the decision to be appealed
is rendered by the authority having jurisdiction, except as set forth in the
inter]ocal agreement appeals procedure. A fee in an amount to be set by the board
of county commissioners shall accompany any such notice of appeal filed
pursuant to this section.
Sec. 5.4.9. Decisions of the building board of adjustments and appeals.
5.4.9.1. The building board of adjustments and appeals, when so appealed to and
after a hearing, may vary the application of any provisions of the Florida Building
Code and Florida Fire Prevention Code as incorporated by Division 1.18. of this
thai-C-ode to any particular case when the building board determines that the
enforcement thereof would do manifest injustice, and would be contrary to the
spirit and purpose of the code or public interest, or when the building board
determines that the interpretation of the authority having jurisdiction should be
modified or reversed.
ORIGIN:
AUTHOR:
DEPARTMENT:
LDC PAGE:
LDC SECTION:
CHANGE:
REASON:
FISCAL & OPERATIONAL IMPACTS:
RELATED CODES OR REGULATIONS:
Community Development and Environmental Services Division
Russell Webb/Susan Murray, AICP, Current Planning Manager
Planning Services
LDC 6:10
Division 6.3 definitions
Add definition of Automobile Service Stations to clarify the intent
is to apply to all uses that conduct retail sales of gasoline.
Clarification of applicability.
None
None
GROWTH MANAGEMENT PLAN IMPACT: None
6.3 definitions:
Automobile Service Station: any commercial or industrial facility wherein the retail sale
of gasoline is conducted. Where the sale of gasoline is provided only as a "secondary
function," such as a retail establishment (i.e. - grocery_ store or warehouse) that provides
gasoline for its customers/members as an incidental service, the structures and site related
to the fuel facility will be considered an automobile service station.
ORIGIN:
AUTHOR:
DEPARTMENT:
LDC PAGE:
LDC SECTION:
CHANGE:
REASON:
FISCAL & OPERATIONAL IMPACTS:
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
Community Development and Environmental Services Division
Susan Murray, AICP, Current Planning Manager
Planning Services
LDC 6:18
Division 6.3 definitions - Density
Clarify the intent of the method to calculate residential density.
Clarification of applicability.
None
6.3 definitions:
Density, residential: The number of residential dwelling units permitted per gross acre of
land ~,~d 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 a 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 an~ excl',:~ive cf land within a planned unit
dex)elopment district that is to be used for commercial or industrial uses. 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, and 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.
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Ross Gochenaur for John Dunnuck
DEPARTMENT: Planning Services
LDC PAGE(S): N/A
LDC SECTION: Division 6.3 Definitions
CHANGE: Add definition for park, neighborhood
REASON: This definition was added to identify the function and site conditions inherent
in a neighborhood park so that they may be regulated in a manner that is consistent with
their impacts to the community.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: Section 3.3.3 and 3.3.6 (relative to Site
Development Plans)
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
Division 6.3 Definitions
Park, neighborhood: A public park, owned and maintained by Collier County which is
intended to serve the needs of the local community and: is located within the E (Estates)
zoning district, or any residential zoning district or residential component of a Planned
Unit Development; comprises no more than five (5) acres of land; provides access by
non-vehicular means, with no on-site parking facilities; and provides only basic park
facilities and amenities such as, but not limited to, sidewalks, non-air-conditioned
shelters, bike racks, drinking fountains and playground equipment.
ORIGIN:
AUTHOR:
DEPARTMENT:
LDC PAGE:
LDC SECTION:
CHANGE:
REASON:
REVISED following 4/9/03 CCPC meeting
Transportation Division
Pathways Advisory Committee
Diane Flagg, Director
Pathways Advisory Committee
Alternative Transportation Modes
LDC 6:10 and LDC 6:52
Division 6.3 definitions
Take out definitions of bicycle path and add definition of bike lane
Housekeeping
FISCAL AND OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANGEMENT PLAN IMPACT: None
Division 6.3 definitions
Bike Lane: a portion of a roadway which has been designed, constructed, and designated
by signing and pavement markings in accordance with the most current "Florida Bicycle
Facilities Design Standards and Guidelines" requirements.
O~G~:
AUTHOR:
DEPARTMENT:
LDC PAGE:
LDC SECTION:
CHANGE:
REASON:
Transportation Division
Pathways Advisory Committee
Diane Flagg, Director
Pathways Advisory Committee
Alternative Transportation Modes
LDC 6:10 and LDC 6:52
Division 6.3 definitions
Amend definition of sidewalk
Housekeeping
FISCAL AND OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANGEMENT PLAN IMPACT: None
Sidewalk: That portion of a right-of-way or cross or crosswalk, paved or otherwise surfaced,
intended for pedestrian use and also bicycle use,-~-~.rel~4y-sized. (See division 3.2.)
6/16/03
Rural Lands Stewardship Area (RLSA) Implementing Land
Development Code Amendments
2.2.27.
2.2.27.1.
2.2.27.2.
RURAL LANDS STEWARDSHIP AREA (RLSA) ZONING OVERLAY DISTRICT -
STEWARDSHIP REGULATIONS (RLSA DISTRICT REGULATIONS)
Purpose and intent ................................................................................... 1
Definitions ................................................................................................. 1
1. Baseline Standards ............................................................................. 1
2. Compact Rural Development (CRD) ..................................................1
3. Designation .......................................................................................... 1
4. FSA Flow way Stewardship Area ....................................................... 1
5. Hamlet ................................................................................................... 2
6. HSA -- Habitat Stewardship Area ....................................................... 2
7. Land Use - Land Cover Indices ......................................................... 2
8. Land Use Layer (Layer) ....................................................................... 2
9. Land Use Matrix (Matrix) ..................................................................... 2
10. Listed Species Habitat Indices ................................... : ...................... 2
11. Natural Resource Index (Index) ......................................................... 2
12. Natural Resource Index Map Series (Index Maps) ........................... 3
13. Natural Resource Index Value (Index Value) .................................... 3
14. Open Space ......................................................................................... 3
15. Post Secondary Institution Ancillary Uses .......................................3
16. Proximity Indices ................................................................................ 3
17, Restoration Potential Indices ............................................................ 3
18. Restoration Zone ................................................................................ 3
19. RLSA District ...................................................................................... 3
20. RLSA Overlay Map ............................................................................. 3
21. RLSA District Regulations ................................................................. 3
22. Soils/Surface Water Indices ............................................................... 4
23. SRA ...................................................................................................... 4
24. SSA ...................................................................................................... 4
25. Stewardship Credit (Credit) ............................................................... 4
26. Stewardship Credit Database ............................................................ 4
27. Stewardship Credit System ............................................................... 4
28. Stewardship Credit Worksheet .......................................................... 4
29. Stewardship Overlay Designation ..................................................... 4
30. Town .................................................................................................... 5
31. Village .................................................................................................. 5
32. WRA - Water Retention Area ............................................................. 5
TALg52891 [ .7
6/16/03
2.2.27.3
A.
B.
2.2.27.4.
2.2.27.5
2.2.27.6.
2.2.27.7.
A.
B.
C.
D.
2.2.27.8.
A.
B.
C.
D.
E.
F.
2.2.27.9.
A.
Establishment of RSLA Zoning Overlay District .................................... 5
RLSA District Zoning Map ....................................................................... 6
Additional Land Designations With the RLSA District .......................... 7
1. Establishment of SSA Designations ............................................. 7
2. Establishment of SRA Designations ................................................... 7
Establishment of Land Uses Allowed in the RSLA District .................. 7
Establishment of a Stewardship Credit Database ................................. 7
Authorization to Establish a Stewardship Credit Trust ......................... 7
General ...................................................................................................... 7
Creation of Stewardship Credits/General ............................................... 8
Transfer of Stewardship Credits/General ............................................... 8
Allocation of Stewardship Credits/General ............................................ 8
Five Year Comprehensive Review .......................................................... 8
Lands Within the RLSA District Prior to SSA or SRA Designation ...... 8
Private Lands Delineated FSAs, HSAs, and WRAs ............................... 9
Private Lands Delineated as Open .......................................................... 9
Area of Critical State Concern (ACSC) ................................................... 9
Public or Private Conservation Lands .................................................... 9
Baseline Standards .................................................................................. 9
No Increase in Density or Intensity in excess of
Baseline Standards .................................................................................. 9
Lands Within RSLA District Not Designated SSA or SRA Subject to
Special Environmental Standards ........................................................... 9
SSA Designation ..................................................................................... 10
Lands Within the RLSA District that can be Designated as SSAs ..... 10
1. May be Within an SRA Boundary .................................................. 10
2. FSA Delineated Lands ..................................................................... 10
3. HSA Delineated Lands ..................................................................... 10
4. WRA Delineated Lands .................................................................... 12
SSA Credit Generation - Stewardship Credit System ......................... 12
1. Early Entry Bonus Credits .............................................................. 12
2. Credit Worksheet ............................................................................. 13
3. Natural Resource Indices and Values ............................................ 13
a. Natural Resource Indices ............................................................ 13
b. Index Values ................................................................................. 13
c. Slough/Strand Index Score Upgrade .......................................... 13
d. Index Map .................................................................................... 13
e. Restoration Potential Index ....................................................... 14
f. Restoration Stewardship Credits ............................................... 14
4. Land Use Layers to be Eliminated .................................................. 15
a. Land Use Layers ......................................................................... 15
b. Land Use Matrix .......................................................................... 16
5. Matrix Calculation ............................................................................ 16
SSA Designation Application Package ................................................. 17
TAL#528911.7
ii
6/16/03
1. SSA Designation Application ......................................................... 17
2. Application Fee ................................................................................ 17
3. Natural Resource Index Assessment ............................................. 17
4. Support Documentation .................................................................. 17
5. SSA Credit Agreement .................................................................... 18
6. Public Hearing for Credit Agreement ............................................. 19
7. Recording of SSA Memorandum .................................................... 19
8. Stewardship Easement Agreement or Deed .................................. 20
D. SSA Application Review Process ......................................................... 20
1. Preapplication Conference with County Staff ............................... 20
2. Application Package Submittal and Processing Fees .................. 20
3. Application Deemed Sufficient for Review .................................... 20
4. Review by County Reviewing Agencies ........................................ 21
5. Designation Review ......................................................................... 21
6. Designation Report .......................................................................... 21
E. SSA Application Approval Process ...................................................... 21
1. Public Hearing .................................................................................. 21
2. Legal Description ............................................................................. 21
3. Update the RLSA Overlay Map and Official Zoning Atlas ............ 22
F, SSA Amendments .................................................................................. 22
2.2.27.10. SRA Designation ...................................................................................... 22
A. Lands Within the RLSA District That Can Be
Designated as SRAs ............................................................................... 22
1. Suitability Criteria ............................................................................ 22
2. SRAs Within the ACSC .................................................................... 23
B. Establishment and Transfer of Stewardship Credits ......................... 24
1. Transfer of Credits ........................................................................... 24
2. Stewardship Credit Exchange ........................................................ 24
3. Public Benefit Uses ......................................................................... 24
4. Mixed Land Use Entitlements ......................................................... 25
C. Forms of SRA Developments ................................................................ 25
1. Towns ................................................................................................ 25
2. Villages ............................................................................................. 25
3. Hamlets ............................................................................................. 26
4. Compact Rural Developments (CRDs) ........................................... 26
a, Size of CRDs limited ................................................................... 26
b. CRDs within the ACSC ............................................................... 26
5. Proportion of Hamlets and CRDs to Villages and Towns ............. 26
6. SRAs as Part of a Development of Regional Impact (DRI) ........... 27
D. SRA Designation Application Package ................................................ 27
1. SRA Designation Application ......................................................... 27
2. Application Fee ................................................................................ 27
3. Natural Resource Index Assessment ............................................. 27
4. Natural Resource Index Assessment Support Documentation...28
5. SRA Master Plan .............................................................................. 28
6. SRA Development Document ......................................................... 28
TAL#528911.7 111
6/16/03
7. SRA Public Facilities Impact Assessment Report ........................ 28
8. SRA Economic Assessment Report ...............................................28
9. Stewardship Credit Use and Reconciliation Application ............. 29
10. Conditional SRA Designation ......................................................... 30
11. SRA Credit Agreement ................................................................... 30
E. SRA Application Review Process ......................................................... 31
1. Pre-Application Conference with County Staff ............................. 31
2. Application Package Submittal and Processing Fees .................. 31
3. Application Deemed Sufficient for Review .................................... 31
4. Review by County Reviewing Agencies ........................................ 32
5. Staff Review ..................................................................................... 32
6. Staff Report ...................................................................................... 32
F. SRA Application Approval Process ...................................................... 32
1. Public Hearings Required ............................................................... 32
a. Public Hearing Before EAC, recommendation to the BCC ....... 32
b. Public Hearing Before CCPC, recommendation to the BCC .... 32
c. Public Hearing Before the BCC, Resolution Approved ............ 32
2. Update Stewardship Credits Database ..........................................33
3. Update the Official Zoning Atlas and the RLSA Overlay Map ...... 33
4. SRA Amendments ............................................................................ 33
a. Waiver of Required SRA Application Package
Component(s) .................................................................................. 33
b. Approval of Minor Changes by the Administrator .................... 33
c. Relationship to Subdivision or Site Development
Plan Approval .............................................................................. 34
G. Master Plan ............................................................................................ 34
1. Master Plan Requirements .............................................................. 34
2. Master Plan Content ........................................................................ 34
H. Development Document ........................................................................ 35
I. DRI Master Plan ...................................................................................... 36
J. Design Criteria ........................................................................................ 36
1. SRA Characteristics ........................................................................ 37
2. Town Design Criteria [Reserved] ................................................... 38
3. Village Design Criteria [Reserved] ................................................. 39
4. Hamlet Design Criteria [Reserved] ................................................. 39
5. CRD Design Criteria [Reserved] ..................................................... 39
6. Design Criteria Common to SRAs .................................................. 39
7. Infrastructure Required ................................................................... 40
8. Requests for Deviations from the LDC .......................................... 40
K. SRA Public Facilities Impact Assessments ......................................... 40
1. Transportation ................................................................................. 41
2. Potable Water ................................................................................... 41
3. Irrigation Water ................................................................................ 41
4. Wastewater ....................................................................................... 41
5. Solid Waste ...................................................................................... 42
6. Stormwater Management ................................................................ 42
TAL#5289 l 1.7 iv
6/16/03
2.2.27.11.
SRA Economic Assessment .................................................................. 43
1. Demonstration of Fiscal Neutrality ................................................. 43
a. Collier County Fiscal Impact Model ........................................... 43
b. Alternative Fiscal Impact Model ................................................. 43
2. Monitoring Requirement ................................................................. 43
3. Imposition of Special Assessments ............................................... 43
4. Special Districts Encouraged ......................................................... 43
Baseline Standards [Reserved] ............................................................. 44
TAL#528911.7 V
6/16/03
2.2.27.
RURAL LANDS STEWARDSHIP AREA (RLSA) ZONING OVERLAY DISTRICT
REGULATIONS
2.2.27.1 Purpose and Intent. The purpose of this section (the RLSA District
Regulations) is to .=create a Rural Lands Stewardship Area Zoning Overlay District
(RLSA District) to implement the incentive based Collier County Rural Lands
Stewardship Area Overlay (RLSA Overlay) established within the County's Growth
Management Plan (GMP). It is the intent of the RLSA District and the RLSA District
Regulations to protect natural resources and retain viable agriculture by promoting
compact rural mixed-use development as an alternative to Iow-density single use
development, and to provide a system of compensation to private property owners for
the elimination of certain land uses in order to protect natural resources and viable
agriculture in exchange for transferable credits that can be used to entitle such compact
development.
2.2.27.2 Definitions. As used in the RLSA District Regulations, the terms below shall
have the following meanings:
Baseline Standards - Baseline Standards are the allowable uses, density, intensity
and other land development regulations assigned to land within the RLSA District by the
GMP, Collier County Land Development Regulations and Collier County Zoning
Regulations in effect prior to *~'" ,.,4..,.,...,,. ,.,~ ,,.,,,,.;,.., A..,....~,.,...,.,,.... ... ~,.,.~ ,.,,,....,..,
n ....~ ..... , ~ .... ;~:. ..... , ~ ......,~ ;,, ::,,~ r',.,~,.. Ar, ~_~n,~ July 25 2000 and
subject to the further provisions of Section 2.2.27.8.
Compact Rural Development (CRD) - Compact Rural Developments are a form of
SRA that provide flexibility with respect to the mix of uses and design standards, but
shall otherwise comply with the standards of a Hamlet or Village. A CRD may include,
but is not required to have permanent residential housing and the services and facilities
that support permanent residents. An example of a CRD without permanent residential
housing is an ecotourism village that would have a unique set of uses and support
services different from a traditional residential village. It would contain transient lodging
facilities and services appropriate to eco-tourists, but may not provide for the range of
services necessary to support permanent residents.
3. Designation - Application of the SSA or SRA concepts through a formal application,
review, and approval process as described in the RLSA District Regulations.
4. FSA - Flow way Stewardship Area - Privately owned lands delineated on the RLSA
Overlay Map, which primarily include privately owned wetlands that are located within
TAL#528911.7
6/16/03
the Camp Keais Strand and Okaloacoochee Slough. FSAs form the primary wetland
flow way systems in the RLSA District.
Hamlet - Hamlets are a form of SRA and are small rural residential areas with primarily
single-family housing and a limited range of convenience-oriented services. Hamlets
serve as a more compact alternative to traditional five-acre lot rural subdivisions
currently allowed in the ~_Baseline s_Standards.
o
HSA - Habitat Stewardship Area - Privately owned lands delineated on the RLSA
Overlay Map, which include both areas with natural characteristics that make them
suitable habitat for listed species and areas without these characteristics. These latter
areas are included because they are located contiguous to habitat with natural
characteristics, thus forming a continuum of landscape that can augment habitat values.
Land Use - Land Cover Indices - One of the indices comprising the Natural Resource
Index Value of land, with values assigned based upon land use and land cover
characteristics as mapped using the Florida Land Use, Cover, and Forms
Classification System (FLUCCS) (Florida Department of Transportation 1999). For
purposes of assigning values, land use and land cover codes are grouped as follows:
Group 1 (Codes 617, 6172, 621, 6218, 6219, 624, 630, 641,643); Group 2 (Codes 321,
411, 4119, 425, 434, 439, 428); Group 3 (211,212, 213, 214, 221,222, 241,242, 243,
250, 260,261,310, 329, 330,422, 510,521,523, 533, 534); and Group 4 (all others).
Land Use Layer (Layer) - Permitted and conditional land uses within the Baseline
Standards that are of a similar type or intensity and that are grouped together in the
same column on the Land Use Matrix.
Land Use Matrix (Matrix) - The tabulation of the permitted and conditional land uses
within the Baseline Standards set forth in Section 2.2.27.9.B.4, with each Land Use
Layer displayed as a single column.
10. Listed Species Habitat Indices - One of the indices comprising the Natural Resource
Index Value, with values assigned based upon the habitat value of the land for listed
species. Index values are based on documentation of occupied habitat as established
by the intersect of documented and verifiable observations of listed species with land
cover identified as preferred or tolerated habitat for that species. Land mapped, using
FLUCCS, as 310, 321,411,425,428,434,617, 6172, 621,6218, 6219, 624, and 630 is
deemed to be preferred or tolerated habitat for panthers for the purpose of assigning a
value for these indices. An intersection of at least one data point establishing the
presence of a listed species within a geographic information system (GIS) polygon of
preferred or tolerated habitat for that species shall result in the entire polygon being
scored as occupied habitat.
TAL#528911.7 2
6/16/03
11. Natural Resource Index (Index) - A measurement system that establishes the relative
natural resource value of each acre of land by objectively measuring six different
characteristics of land and assigning an index factor based on each characteristic. The
sum of these six factors is the Index value for the land. The six characteristics
measured are: Stewardship Overlay Delineation, Proximity, Listed Species Habitat,
Soils/Surface Water, Restoration Potential, and Land Use/Land Cover.
12. Natural Resource Index Map Series (Index Maps)- tThe Rural Lands Study Area
Natural Resource Index Map Series adopted as part of the FLUE.
13. Natural Resource Index Value (Index Value) - tThe sum of the values assigned to
each acre, derived through the calculation of the values assigned to each of the six
characteristics included in the Index.
14.Open Space - Open space includes active and passive recreational areas such as
parks, playgrounds, ball fields, golf courses, lakes, waterways, lagoons, floodplains,
nature trails, native vegetation preserves, landscape areas, public and private
conservation lands, agricultural areas (not including structures), and water retention and
management areas. Buildings shall not be counted as part of any open space
calculation. Vehicular use surface areas of streets, alleys, driveways, and off-street
parking and loading areas shall not be counted as part of any open space calculation.
15.
Post Secondary Institution Ancillary Uses - Any use or facility owned by a public or
private post secondary institution that is of a type commonly found on public or private
post secondary institution campuses.
16.
Proximity Indices - One of the indices comprising the Natural Resource Index Value of
land, with values assigned based upon the proximity of the land to areas designated on
the RLSA Overlay Map as FSA, HSA, or WRA and to either public or private preserve
lands. No additional value shall be added under the Proximity Indices for land that is
within an FSA, HSA, WRA, or public or private preserve.
17.
Restoration Potential Indices - One of the indices comprising the Natural Resource
Index Value of land, with values assigned based both upon the potential for restoration
and the historic use or character of the land as a large mammal corridor, connector
wetlands and flow way, wading bird habitat, or other listed species habitat.
18. Restoration Zone - Privately owned lands delineated on the RLSA Overlay Map that
are located within 500 feet of an FSA, but are not otherwise included in an HSA or
WRA.
19. RLSA District - Rural Lands Stewardship Area Zoning Overlay District - The area
generally depicted on the Future Land Use Map and specifically depicted on the Official
Zoning Atlas Map as the Rural Lands Stewardship Area Overlay, including lands within
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the Immokalee Area Study boundary of the Collier County Rural and Agricultural Area
Assessment referred to in the State of Florida Administration Commission Final Order
No. AC-99-002. The RLSA District generally includes rural lands in northeast Collier
County lying north and east of Golden Gate Estates, north of the Florida Panther
National Wildlife Refuge and Big Cypress National Preserve, south of the Lee County
Line, and south and west of the Hendry County Line.
20. RLSA Overlay Map - The map entitled "Collier County Rural & Agricultural Area
Assessment Stewardship Overlay Map," which identifies those areas delineated as
FSA, HSA, WRA, Restoration Zone, and Open.
21. RLSA District Regulations - Collier County Land Development Code Section 2.2.27.
22.Soils/Surface Water Indices - One of the indices comprising the Natural Resource
Index Value of land, with values assigned based upon soil types classified using the
following Natural Soils Landscape Positions (NSLP) categories: Open Water and Muck
Depression Soils (NSLP Categories 1 and 5); Sand Depression Soils (NSLP Category
6); Flats Soils (NSLP Category 7); and Non-Hydric Soils (NSLP Categories 8, 9, and
11).
23. SRA - Stewardship Receiving Area - A designated area within the RLSA District that
has been approved for the development of a Hamlet, Village, Town or CRD and that
requires the consumption of Stewardship Credits.
24. SSA - Stewardship Sending Area - A designated area within the RLSA District that
has been approved for the generation of Stewardship Credits in exchange for the
elimination of one or more Land Use Layers.
25. Stewardship Credit (Credit) - A transferable unit of measure generated by an SSA
and consumed by an SRA. Eight credits are transferred to an SRA in exchange for the
development of one acre of land as provided in Section 2.2.27.10.B.2.
26. Stewardship Credit Database - A database maintained by the County that keeps track
of all of the credit transactions (generation of Credits through SSA designation and the
consumption of credits through SRA designation) approved by the County.
27. Stewardship Credit System - A system that creates incentives to protect and preserve
natural resources and agricultural areas in exchange for the generating and use of
credits to entitle compact forms of rural development. The greater the value of the
natural resources being preserved and the higher the degree of preservation, the
TAL#5289 ! 1.7 4
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greater the number of credits that can be generated. Credits are generated through the
designation of SSAs and consumed through the designation of SRAs.
28.Stewardship Credit Worksheet - An analytical tool that manually describes the
Stewardship Credit 'Calculation process including the Natural Resource Index and Land
Use Layer components. The worksheet can be used to document proposed changes to
the Index component during the SSA and SRA designation processes.
29. Stewardship Overlay Designation - One of the indices comprising the Natural
Resource Index Value of land, with values assigned based upon the designation of the
land on the RLSA Overlay Map as FSA, HSA, WRA, or ACSC, or, where Land Use
Layers 1 through 3 are removed, Restoration Zone. Land that is designated as ACSC,
as well as FSA, HSA, or WRA shall receive value for the designation with the higher
value but shall not receive value for both designations.
30.Town - Towns are a form of SRA and are the largest and most diverse form of SRA,
with a full range of housing types and mix of uses. Towns have Urban level services and
infrastructure which support development that is compact, mixed use, human scale, and
provides a balance of land uses to reduce automobile trips and increase livability.
Towns are comprised of several Villages and/or neighborhoods that have individual
identity and character.
31.
Village - Villages are a form of SRA and are primarily residential communities with a
diversity of housing types and mix of uses appropriate to the scale and character of the
particular village. Villages are comprised of residential neighborhoods and shall include
a mixed-use village center to serve as the focal point for the community's support
services and facilities.
32.WRA - Water Retention Area - Privately owned lands delineated on the RLSA
Overlay Map, that have been permitted by the South Florida Water Management District
to function as agricultural water retention areas and that provide surface water quality
and other natural resource value.
2.2.27.3 Establishment of RLSA Zoning Overlay District. In order to implement the RLSA
District Regulations, an RLSA District, to be designated as "RLSAO" on the Official Zoning
Atlas, is hereby established.
A. The lands included in the RLSA District and to which the RLSA District Regulations
apply are depicted by the following map:
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Rural Lands Stewardship Area (RLSA) Zoning Overlay District
R 28 E
Ir'1
N
W+ E
S
R 28 E
R 29 E R 30 E
7
LEGEND
I
R 29 E
R 30 E
6/16/03
B. Within the RLSA District, additional lands may be designated to implement the
Stewardship Credit System as follows:
1. Establishment of SSA Designations. An RLSA District classification to be knoWn
as SSAs, and to be designated on the official zoning atlas by the symbol "A-RLSAO-
SSA", is hereby established. This overlay district classification will be used for those
lands within the RLSA District that are designated by the Board of County
Commissioners (BCC) as SSAs. The placement of this designation shall be
governed by the procedures as prescribed in the RLSA District Regulations.
2, Establishment of SI:IA Designations. An RLSA District classification to be known
as SRAs, and to be designated on the official zoning atlas by the symbol "A-RLSAO-
SRA", is hereby established. This overlay district classification will be used for those
lands within the RLSA District that are designated by the BCC as SRAs. The
placement of this designation shall be governed by the procedures as prescribed in
the RLSA District Regulations.
2.2.27.4, Establishment of I.and Uses Allowed in the RI_SA District. Land uses allowed
within the RLSA District are of two types: those allowed in the Baseline Standards prior to
designation of SSAs and SRAs, and; those uses provided for in SSAs and SRAs after
designation. The underlying land uses allowed within the RLSA District are included in the
Baseline Standards. Upon designation of SSAs and SRAs pursuant to the RLSA District
Regulations, the land uses allowed shall be as provided in Sections 2.2.27.9.B.4. and
2.2.27.10.J. 1., respectively.
2.2.27.5. Establishment of a Stewardship Credit Database. As part of the initial
implementation of the RLSA Overlay, the Community Development and Environmental
Services Administrator (Administrator) shall cause to be developed a Stewardship Credit
Database to track the generation (by SSAs) and consumption (by SRAs) of Stewardship
Credits within the RLSA District. The database shall be in an electronic form that can be
linked to the Zoning Atlas and can readily produce reports that will afford convenient
access to the data by the public. The database shall be updated upon approval of an SSA
or SRA Designation Application and Credit Agreement.
2.2.27.6. Authorization to Establish a Stewardship Credit Trust. As part of the
implementation of the RLSA Overlay, the County may elect to acquire Credits through a
publicly funded program. Should the County pursue this option, the County shall establish
a Stewardship Credit Trust to receive and hold Credits until such time as they are sold,
transferred or otherwise used to implement uses within SRAs. Nothing herein shall
preclude the County from permanently "retiring" those credits received or held.
2.2.27.7. General. Except as provided in Subsections 2.2.27.8.E., F. and G., there shall be
no change to the underlying density and intensity of permitted uses of land within the RLSA
District, as set forth in the Baseline Standards, until a property owner elects to utilize the
provisions of the Stewardship Credit System pursuant to the provisions of Section
2.2.27.9.B. No part of the Stewardship Credit System shall be imposed upon a property
owner without that owner's written consent. It is the intent of the RLSA District Regulations
that a property owner will be compensated consistent with Policy 3.8 of the RLSA Overlay
for the voluntary stewardship and protection of important agricultural and natural resources.
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The Baseline Standards will remain in effect for all land not subject to the transfer or receipt
of Stewardship Credits.
A. Creation of Stewardship Credits/General. Stewardship Credits (Credits) may be
created from any lands within the RLSA District from which one or more Land Use
Layers are removed. These lands will be identified as SSAs. All privately owned lands
within the RLSA District are e candidates for designation as an SSA. Land becomes
designated as an SSA upon petition by the property owner seeking such designation as
outlined herein. A Stewardship Agreement shall be developed that identifies those land
uses, which have been removed. Once land is designated as an SSA and Credits or
other compensation is granted to the owner, no increase in density or additional uses
that are not expressly identified in the Stewardship Agreement shall be allowed on such
property.
B. Transfer of Stewardship Credits/General. Credits can be transferred only to lands
within the RLSA District that meet the defined suitability criteria and standards set forth
in Section 2.2.27.10.A.1. and that have been designated as SRAs. The procedures for
the establishment and transfer of Credits and SRA designation are set forth herein.
Stewardship Credits will be exchanged for additional residential or non-residential
entitlements in an SRA on a per acre basis. SRA density and intensity will thereafter
differ from the Baseline Standards.
C. Allocation of Stewardship Credits/General. Stewardship Credits generated from one
SSA may be allocated to one or more SRAs, and an SRA may receive Stewardship
Credits generated from one or more SSAs.
D. Five Year Comprehensive Review.
Many of the tools, techniques, and strategies of the RLSA Overlay are new, innovative,
and incentive-based and have yet to be tested in actual implementation.
Consequently, by June 2008 and at such subsequent times as deemed appropriate by
the BCC, the County shall prepare and submit to DCA for review a comprehensive
analysis of the RLSA Overlay to assess the participation and effectiveness of the
RLSA Overlay implementation in meeting the Goals, Objectives, and Policies of the
RLSA Overlay by utilizing the measures of review delineated in Policy 1.22. The
County shall encourage public participation in the review process through publicly
noticed workshops and meetings and through the solicitation of public input.
Subsequent to the June 2008 review, the RLSA Overlay and RLSA District
Regulations may be amended in response to the County's assessment and evaluation
of the participation in and effectiveness of the Stewardship Credit System.
The value, exchange rate, and use of Stewardship Credits shall be governed by the
RSLA Overlay and RLSA District Regulations in effect at the time the SSA from which
those credits are generated is approved. The Restoration Stewardship Credits shall be
governed by the RSLA Overlay and RLSA District Regulations in effect at the time that
such Restoration Stewardship Credits are authorized by the BCC.
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2.2.27.8. Lands Within the RLSA District Prior to SSA or SRA Designation. All lands
within the RLSA District have been delineated on the RLSA Overlay Map. Unless and until
designated as an SSA or SRA, lands within the RLSA District shall remain subject to the
Baseline Standards.
A. Private Lands Delineated FSAs, HSAs, and WRAs. Lands delineated FSA, HSA, or
WRA on the RLSA Overlay Map have been identified through data and analysis as
having a higher quality natural resource value than those lands not delineated.
Although any land within the RLSA District can be designated as an SSA, generally
those lands delineated FSAs, HSAs, and WRAs are the most likely candidates for
designation because of the higher credit values applied to lands with those delineations.
B. Private Lands Delineated as Open. Lands not otherwise classified as FSA, HSA, or
WRA are delineated as "Open" on the RLSA Overlay Map and are generally of a lower
natural resource quality. Open lands may be designated as either SSAs or SRAs.
C. Area of Critical State Concern (ACSC). The RLSA District includes lands that are
within the ACSC. Those ACSC lands are depicted on the RLSA Overlay Map and are
eligible for designation as SRAs, subject to additional standards set forth in
2.2.27.10.A.2. All ACSC regulations continue to apply to ACSC lands within the RLSA
District regardless of designation.
D. Public or Private Conservation Lands. Those lands within the RLSA District that are
held in public ownership or in private ownership as conservation lands may be
delineated on the RLSA Overlay Map as FSA, HSA, or WRA but are not eligible for
designation as either an SSA or SRA.
E. Baseline Standards. The Baseline Standards shall apply until lands within the RLSA
District are voluntarily crc designated as an SSA or SRA and shall remain in effect for
all land not subject to the transfer or receipt of Stewardship Credits.
F. No Increase in Density or Intensity (in excess of the Baseline Standards). No
increase in density or intensity within the RLSA District is permitted beyond the Baseline
Standards except in areas designated as SRAs. Within SRAs, density and intensity
may be increased through the provisions of the Stewardship Credit System and, where
applicable, through the Affordable Housing Density Bonus as referenced in the Density
Rating System of the FLUE, and the density and intensity blending provision of the
Immokalee Area Master Plan.
G. Lands Within the RLSA District Not Designated SSA or SRA Subject to Special
Environmental Standards. In order to protect water quality and quantity and
maintenance of the natural water regime in areas mapped as FSAs on the RLSA
Overlay Map prior to the time that they are designated as SSAs under the Stewardship
Credit Program, Residential Uses, General Conditional Uses, Earth Mining and
Processing Uses, and Recreational Uses (Layers 1-4) as listed in Section
2.2.27.9.B.4.a. shall not be permitted in FSAs within the RLSA District. Conditional use
essential services and governmental essential services, except those necessary to
serve permitted uses or for public safety, shall only be allowed in FSAs with a Natural
Resource Stewardship Index value of 1.2 or less. In order to protect water quality and
quantity and maintenance of the natural water regime and to protect listed animal and
TAL#528911.7 9
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plant species and their habitats in areas mapped as FSAs, HSAs, and WRAs on the
RLSA Overlay Map that are not within the ACSC, the use of such land for a non-
agricultural purpose under the Baseline Standards shall be subject to environmental
regulations te implementing Policies 5.1 through 5.6 of the RLSA Overlay, which
regulations shall be:adopted by December 13, 2003.
2.2.27.9. SSA Designation. Lands within the RLSA District may be designated as SSAs
subject to the following regulations:
A. Lands Within the FIL. SA District that can be Designated as SSAs. Any privately
held land within the RLSA District delineated on the RLSA Overlay Map as FSA, HSA,
WRA, Restoration, or Open, may be designated as an SSA, including lands within the
ACSC.
1. May be within an SRA Boundary. A WRA, whether designated as an SSA or not,
may be contiguous to or surrounded by an SRA. Should a WRA be used to provide
water retention for an SRA, the provisions of 2.2.27.9.A.4.b. shall apply.
2, FSA Delineated Lands.
a. In the case where lands delineated as FSA a¢~ are designated as an SSA, at a
minimum, Residential uses, General Conditional uses, Earth Mining and
Processing Uses, and Recreational Uses (layers 1-4) as listed in the Land Use
Matrix shall be eliminated as permitted land uses.
b. Conditional use essential services and governmental essential services, other
than those necessary to serve permitted uses or for public safety, shall only be
allowed in FSAs with a Natural Resource Stewardship Index value of 1.2 or less.
c. Directional-drilling techniques and/or previously cleared or disturbed areas shall
be utilized for oil and gas exploration and oil and gas field development, and
production activities in FSAs in order to minimize impacts to native habitats~
when determined to be practicable. This requirement shall be deemed satisfied
upon issuance of a state permit requiring compliance with the criteria established
in Chapter 62C-30, F.A.C., regardless of whether the FSA in which oil and gas
exploration and oil and gas field development and production activities is within
the Big Cypress Swamp. Nothing contained herein alters the requirement to
obtain conditional use permits for oil and gas field development and production
activities.
d. The elimination of the Earth Mining layer (Layer 3) shall not preclude the
excavation of lakes or other water bodies if such use is an integral part of a
restoration or mitigation program within an FSA.
e. Once land in an FSA is designated as an SSA, no expansion of Agriculture
Group 1 (Layer 5) or Agriculture Group 2 (Layer 7) and no conversion of
Agriculture Group 2 to Agriculture Group 1 shall be allowed beyond those land
uses in existence or allowed by applicable permits as of the date that the SSA
designation is approved.
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HSA Delineated Lands.
a. In the case where lands delineated as HSA
Rree~cam-a¢~ are designated as an SSA, at a minimum, Residential Land Uses
(Layer 1), as listed in the Matrix, shall be eliminated.
b. General Conditional Uses, Earth Mining and Processing Uses, and Recreational
Uses shall be allowed only on HSA lands with a Natural Resource Stewardship
Index value of 1.2 or less.
c. In addition to the requirements imposed in the LDC for approval of a Conditional
Use, uses listed in b. above will only be approved upon submittal of an ElS which
demonstrates that clearing of native vegetation has been minimized, the use will
not significantly and adversely impact listed species and their habitats and the
use will not significantly and adversely impact aquifers. This demonstration shall
be made by establishing the following:
(1) Clearing of native vegetation shall not exceed 15% of the native vegetation on
the parcel.
(2) Priority shall be given to utilizing contiguous areas of previously cleared land
before native vegetated areas.
(3) Buffering to Conservation Land shall comply with Section 2.2.27.10.J.6.d.
(4) Stormwater Management design shall base water control elevations on
seasonal high water elevations of adjacent wetlands to protect wetland
hydroperiods in accord with the SFWMD Basis of Review.
(5) The area has a Listed Species Habitat Indices Value of 0.4 or less and no
state or federal direct impact take permit is required for the use.
(6) Activities that are the subject of an approved SFWMD Environmental
Resource Permit or Consumptive Use Permit and that utilize best
management practices designed to protect groundwater from contamination
from allowable land uses are deemed not to significantly and adversely
impact aquifers.
d. As an alternative to the submittal of an ElS, the applicant may demonstrate that
such use is an integral part of a State or Federally approved restoration plan or
mitigation program.
e. Conditional use essential services and governmental essential services, other
than those necessary to serve permitted uses or for public safety, shall only be
allowed in HSAs with a Natural Resource Stewardship Index value of 1.2 or less.
Asphaltic and concrete batch making plants are prohibited in all HSAs.
Directional-drilling techniques and/or previously cleared or disturbed areas shall
be utilized for oil and gas exploration and oil and gas field development, and
production activities in HSAs in order to minimize impacts to native habitats when
determined to be practicable. This requirement shall be deemed satisfied upon
issuance of a state permit requiring compliance with the criteria established in
Chapter 62C-30, F.A.C., regardless of whether the HSA in which oil and gas
fo
TAL#528911.7 1 1
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exploration and oil and gas field development and production activities is within
the Big Cypress Swamp. Nothing contained herein alters the requirement _to
obtain conditional use permits for oil and gas field development and production
activities.
Golf Course design, construction, and operation in any HSA shall comply with the
best management practices of Audubon International's Gold Program and the
Florida Department of Environmental Protection, which standards shall be
adopted by December 13, 2003.
Once land in an HSA is designated as an SSA, no expansion of Agriculture
Group 1 (Layer 5) or Agriculture Group 2 (Layer 7) and no conversion of
Agriculture Group 2 to Agriculture Group 1 shall be allowed beyond those land
uses in existence or allowed by applicable permits as of the date that the SSA
designation is approved.
WRA Delineated Lands.
a. In the case where lands delineated as WRA ..... ,.,,,,~ ...,,,. t~,c e, ...... ,.,..k:..
P,t-~gr. am-a¢~i are designated as an SSA, at a minimum, Residential Land Uses
(Layer 1), as listed in the Matrix, shall be eliminated as permitted land uses.
b. During permitting to serve new uses within an SRA, additions and modifications
to WRAs may be required, including but not limited to changes to control
elevations, discharge rates, storm water pre-treatment, grading, excavation or fill.
Such additions and modifications shall be allowed subject to review and approval
by the SFWMD in accordance with best management practices. Such additions
and modifications to WRAs shall be designed to ensure that there is no net loss
of habitat function within the WRAs unless there is compensating mitigation or
restoration in other areas of the RLSA District that will provide comparable
habitat function. Compensating mitigation or restoration for an impact to a WRA
contiguous to the Camp Keais Strand or Okaloacoochee Slough shall be
provided within or contiguous to that Strand or Slough.
Restoration Zone Delineated Lands. To further direct other uses away from
and to provide additional incentive for the protection, enhancement, and
restoration of the Okaloacoochee Slough and Camp Keais Strand, when lands
within a Restoration Zone are designated as an SSA and at least Land Use
Layers 1 through 3 are eliminated as permitted uses, such Resotration Zone
shall receive a Stewardship Overlay Designation value of 0.6.
B. SSA Credit Generation - Stewardship Credit System. Stewardship Credits (Credits)
are created from any lands within the RLSA District from which one ef or more Land
Use Layers are removed and that are designated as SSAs. Once land is designated as
an SSA and Credits or other compensation consistent with Policy 3.8 of the RLSA
Overlay is granted to the owner, no increase in density or additional uses not expressly
identified in the Stewardship Agreement shall be allowed on such property. A
methodology has been adopted in the GMP for the calculation of credits based upon: 1)
TAL#528911.7 1 2
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the Natural Resource Index Value of the land being designated as an SSA, and 2) the
number of land use layers being eliminated.
1. Early Entry Bonus Credits. Early Entry Bonus Credits are hereby established to
encourage the voluntary designation of SSAs within the RLSA District. The bonus
shall be in the~:form of an additional one Stewardship Credit per acre of land
designated as an SSA that is within an HSA located outside of the ACSC and one-
half Stewardship Credit per acre of land designated as an SSA that is within an HSA
located inside the ACSC.
a. The early entry bonus shall be available until January 30, 2009.
b. The early designation of SSAs and the resultant generation of Stewardship
Credits do not require the establishment of SRAs or otherwise require the early
use of Credits.
c. Credits generated under the early entry bonus may be used after the termination
of the bonus period.
d. The maximum number of Credits that can be generated under the early entry
bonus is 27,000.
e. Early Entry Bonus Credits shall not be transferred intO or otherwise used to
entitle an SRA within the ACSC.
2. Credit Worksheet. The Stewardship Credit Worksheet, adopted as Attachment "A"
of the Growth Management Plan RLSA Goals, Objectives, and Policies, sets out a
the mathematical formula that shall be used to determine the number of credits
available for each acre of land being considered for an SSA.
3. Natural Resource Indices and Values. A set of Natural Resource Indices has
been established as part of the Stewardship Credit Worksheet.
a. Natural Resource Indices.
Stewardship Overlay Designation
Proximity Indices
Listed Species Habitat Indices
Soils/Surface Water Indices
Restoration Potential Indices
Land Use - Land Cover Indices
b. Index Values. During the RLSA Study, based upon data and analysis, each
acre within the RLSA District was assigned a value for each Index except for the
Restoration Potential Index. The Restoration Potential Index is assigned during
the SSA designation process if appropriate, and credit adjustments are made at
that time.
c. Slough/Strand Index Score Upgrade. An index score upgrade is hereby
established as an incentive for the protection, enhancement and restoration of
the Okaloacoochee Slough and Camp Keais Strand. All lands within 500 feet of
the delineated FSAs that comprise the Slough or Strand that are not otherwise
included in an HSA or WRA shall receive the same natural index score (0.6) that
TAL#528911.7 1 3
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an HSA receives, if such property is designated as an SSA and retains only
agricultural, recreational and/or conservation layers of land use.
Index Map. A Natural Resource Index Map adopted as a part of the RLSA
Overlay, indicates the Natural Resource Stewardship Index Value for all land
within the RI,SA District. Credits from any lands designated as SSAs, shall be
based upon the Natural Resource Index values in effect at the time of
designation. At the time of designation, the Natural Resource Index Assessment
required in Section 2.2.27.9.C.3. shall document any necessary adjustments to
the index values reflected on the Index Map. Any change in the characteristics of
land due to alteration of the land prior to the designation of an SSA that either
increases or decreases any Index Value shall result in a corresponding
adjustment in the credit value.
Restoration Potential Index Value. If the applicant asserts that the land being
designated as an SSA has a Restoration Potential Index Value of greater than
zero (0), an evaluation of the restoration potential of the land being designated
shall be prepared by a qualified environmental consultant (per Section 3.8 of the
LDC) on behalf of the applicant and submitted as part of the SSA Designation
Application Package. In the event that restoration potential is identified, the
appropriate Restoration Potential Index Value shall be determined in accord with
the Credit Worksheet. The credit value of each acre to which the Restoration
Potential Index Value is applied shall be recalculated by adding the Restoration
Potential Index Value to that acre's total Index Value.
Restoration Stewardship Credits. Restoration Stewardship Credits are hereby
established in addition to the Restoration Potential Index Value. In certain
locations there may be the opportunity for flow way or habitat restoration such as
locations where flow ways have been constricted or otherwise impeded by past
activities~ or where additional land is needed to enhance wildlife corridors.
Restoration Stewardship Credits shall be applied to an SSA subject to the
following regulations:
(1) Priority has been given to restoration within the Camp Keais Strand FSA or
contiguous HSAs. Therefore, four additional Stewardship Credits shall be
generated for each acre of land dedicated by the applicant for restoration
activities within any of the following areas: the Camp Keais Strand FSA,
contiguous HSAs, or those portions of the Restoration Zone depicted on the
RLSA Overlay Map that are contiguous to the Camp Keais Strand.
(2) Two additional Stewardship Credits shall be generated for each acre of land
dedicated for restoration activities within the Okaloacoochee Slough,
contiguous HSAs, or those portions of the Restoration Zone depicted on that
are contiguous to the Okaloacoochee Slough.
(3) The actual implementation of restoration improvements is not required for the
owner to receive such credits referenced in (1) and (2) above.
(4) If the applicant agrees to complete the restoration improvements and the
eligibility criteria below are satisfied, four additional Stewardship Credits shall
TAL#528911.7 14
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be authorized at the time of SSA designation, but shall not become available
for transfer until such time as it has been demonstrated that the restoration
activities have met applicable success criteria as determined by the permitting
or commenting agency authorizing said restoration. One or more of the
following eligibility criteria shall be used in evaluating an applicant's request
for these additional Restoration Stewardship Credits:
(a) FSA and/or HSA lands where restoration would increase the width of flow
way and/or habitat corridors along the Camp Keais Strand or
Okaloacoochee Slough so that, in the opinion of the applicant's
environmental consultant and County environmental or natural resources
staff, there will be functional enhancement of the flow way or wildlife
corridor;
(b) FSA and/or HSA lands where restoration would increase the width of flow
way and/or habitat corridors within two miles of existing public lands so
that, in the opinion of the applicant's environmental consultant and County
environmental or natural resources staff, there will be a functional
enhancement of the flow way or wildlife corridor;
(c) Documentation of state or federal listed species utilizing the land or a
contiguous parcel;
(d) Lands that could be restored and managed to provide habitats for specific
listed species (e.g., gopher tortoise, Big Cypress fox squirrel, red-
cockaded woodpecker, etc.), or;
(e) Occurrence of a land parcel within foraging distance from a wading bird
rookery or other listed bird species colony, where restoration and proper
management could increase foraging opportunities (e.g., wood storks)~.
(5) Lands designated "Restoration" shall be dedicated through a conservation
easement or conveyed through fee simple title and all land uses other than
conservation shall be eliminated.
4. Land Use Layers to be Eliminated. A set of Land Use Layers has been
established as part of the Stewardship Credit Worksheet and adopted as the Land
Use Matrix- Attachment B to the Rural Stewardship Area Overlay Goals, Objectives
and Policies. Each Layer incorporates a number of the permitted or conditional uses
allowed under the Baseline Standards. Each Layer listed below has an established
credit value (percentage of a base credit) developed during the RLSA Study.
At the time of designation application, a landowner wishing to have his/her land
designated as an SSA determines how many of the Land Use Layers are to be
removed from the designated lands. A Land Use Layer can only be removed in its
entirety (all associated activities/land use are removed), and Layers shall be
removed sequentially and cumulatively in the order listed below.
a. Land Use Layers.
I - Residential Land Uses
2 - General Conditional Uses
TAL#528911.7
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3 - Earth Mining and Processing Uses
4 - Recreational Uses
5 - Agriculture - Group 1
6 - Agriculture - Support Uses
7 - Agriculture - Group 2
b. Land Use Matrix
Conservation,
Residential Land General Conditional Earth Mining and Recreational Uses Agriculture Group 1 Agriculture - Agriculture Group 2 Restoration and
Uses Uses Processing Uses Support Uses Natural Resources
Single-family Family care facilities (P) Excavation, Golf coumes and/or Crop raising; Farm labor housing Unimproved pasture Wildlife management,
dwelling, incl. mobile extraction or golf driving ranges hodiculture; fruit and (A) and grazing, forestry plant and wildlife
home (P) earthmining and (CU) nut production; groves; (P) cor~servancies, refuges
related processing nurseries; improved and sanctuaries (P)
and production pasture (P)
Mobile homes [(P) in Collection and transfer Asphaltic and Spods inslructional Animal breeding (olher Retail sale of fresh, Ranching; livestock Water managemenl,
MH Overlay; (A) as sites for resource concrete batch schools and camps than livestock), raising, unprocessed raising (P) groundwater recharge
temporary use] recovery (CU) making plants (CU) training, stabling or agricultural products; (P)
(CU) kenneling (P) grown primarily on the
property (A)
Privale boathouses Veterinary clinic (CU) Spoding and Dairying, beekeeping; Retail planl nurseries Hunting cabins (CU) Restoration, mitigation
and docks on lake, recreational camps poultry and egg (CU) (P)
canal or waterway (CU) production; milk
lots (A) production (P)
Recreational Child care centers and Aquaculture for native Packinghouse or Cultural, educational, Water supply, wellfields
facilities inlegral to adult day care centers species (P) and non- similar agricultural or recreational (P); oil and gas
residential native species (CU) processing of farm facilities and their exploration (P)
development, e.g., products produced on related modes of
golf course, the property (A) transporting
clubhouse, padicipants, viewers
community cenler or patrons; tour
building and tennis operations, such as,
facililies, parks, but not limited to
playgrounds and airboats, swamp
playfields (A) buggies, horses and
similar modes of
transportation (CU)
Guesthouses (A) Zoo, aquarium, aviary, The commercial Sawmills (CU) Excavation and Boardwalks, nature
botanical garden, or other production, raising or related processing trails (P)
similar uses (CU) breeding or exotic incidental to Ag(A)
animals (CU)
Churches and other Wholesale reptile Natural resources not
places of worship (CU) breeding and raising - otherwise listed (P)
non-venomous (P) and
venomous(CU)
Communications towers Essential services (P
(P)(CU) and CU)
Social and fraternal Oil and gas field
organizations (CU) development and
production (CU)
Private landing stdps for
general aviation (CU)
Cemeteries (CU)
Schools (CU)
Group care facilities, ALF
Uses as listed in Collier County Land Development Code - Rural Agricultural District
(P) Principal Use, (a) Accessory Use, (CU) Conditional Use
Sa
Matrix Calculation. The maximum number of credits generated through
designation as an SSA is established in a matrix calculation that multiplies each
Natural Resource Index Value by the value of each Land Use Layer, thereby
establishing a credit value for each acre in the Overlay, weighted by the quality of its
natural resources. As Land Use l_Layers are removed, the sum of the percentages of
those Layers removed is multiplied by the Natural Resource Index Values to
TAL#528911.? ! 6
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determine the Stewardship Credits to be generated by each acre being designated
as an SSA.
~
C. SSA Designation Application Package. A request to designate lands(s) within the
RLSA District as an SSA shall be made pursuant to the regulations of this Section. An
SSA Application Package shall include the following:
1. SSA Designation Application. A landowner or his/her agent, hereafter "applicant,"
shall submit a request for the designation of SSA for lands within the RLSA District
to the Administrator or his designee, on an approved application form. The
application shall be accompanied by the documentation as required by this Section.
2. Application Fee. An application fee shall accompany the application.
3. Natural Resource Index Assessment. The applicant shall prepare and submit as
part of the SSA Designation Application a report entitled Natural Resource Index
Assessment that documents the Natural Resource Index Value scores. The
Assessment shall include a summary analysis that quantifies the number of acres by
Index Values, the level of conservation being proposed, and the resulting number of
Credits being generated. The Assessment shall:
a. Thc P. sscssmcnt "..h~ll ';Verify that the Index Value scores assigned during the
RLSA Study are still valid through recent aerial photography or satellite imagery,
agency-approved mapping, or other documentation, as verified by field
inspections.
b. li.f this Assessment establishes that the Index Value scores assigned during the
RLSA Study are no longer valid, *h,. ,,. .... ",",'""--'U"""*" ,,,"~'"",..,,, document the Index Value of
the land as of the date of the SSA Designation Application.
c. Establish the suggested "Restoration Potential" Index Value for any acres as
appropriate; and Rp__rovide evidence/documentation supporting the suggested
Index Value;
d. Quantify the acreage of agricultural lands, by type, being preserved;
e. Quantify the acreage of non-agricultural acreage, by type, being preserved;
f. Quantify the acreage of all lands by type within the proposed SSA that have an
Index Value greater than 1.2; and
g. Quantify all lands, by type, being designated as SSA within the ACSC, if any.
4. Support Documentation, In addition, the following support documentation shall be
provided for each SSA being designated:
a. Legal [;)d_escription, including sketch or survey;
b. Acreage calculations, e.g., acres of FSAs, HSAs, and WRAs, etc., being put into
the SSA;
c. RLSA Overlay Map delineating the area of the RLSA District being designated as
an SSA;
TAL#528911.7 17
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d. Aerial photograph(s) having a scale of one inch equal to at least 200 feet when
available from the County, otherwise, a scale of at least one inch equal to 400
feet is acceptable, delineating the area being designated as an SSA;
e. Natural Resource Index Map of area being designated as an SSA;
f. Florida Department of Transportation Florida Land Use Cover and Forms
Classification System (FLUCCS) map(s) delineating the area being designated
as an SSA on an aerial photograph having a scale of one inch equal to at least
200 feet when available from the County, otherwise, a scale of at least one inch
equal to 400 feet is acceptable;
g. Listed species occurrence map(s) from United States Fish and Wildlife Service,
Florida Fish Wildlife Conservation Commission, and Florida Natural Areas
Inventory, delineating the area being designated as an SSA;
h. United States Department of Agriculture-Natural Resources Conservation
Service (USDA-NRCS) Soils map(s) delineating the area being designated as an
SSA;
i. Documentation to support a change in the related Natural Resource Index
Value(s), if appropriate; and
j. Stewardship Credit C~cul~tlc,", T~b~c Worksheet that quantifies the number of
acres by Index Values, the level of conservation being offered, and the resulting
number of credits being generated.
SSA Credit Agreement. Any landowner petitioning to have all or a portion of land
owned within the RLSA District designated as an SSA and who is to obtain SSA
credits for the land so designated shall enter into a SSA Credit Agreement with the
County. SSA Credit Agreements entered into by and between a landowner and the
County shall contain the following:
a. The number of acres, and a legal description of all lands subject to the SSA
Credit Agreement;
b. A map or plan (drawn at a scale of 1"= 200') of the land subject to the agreement
which depicts any lands designated FSAs, HS^s, or WRAs and the acreage of
lands so designated;
c. A narrative description of all land uses, including conditional uses, if any, that
shall be removed from the land upon approval of the SSA Credit Agreement;
d. A Natural Resource Index Assessment worksheet for the land subject to the
Agreement and the total number of SSA credits that result from the Natural
Resource Index Assessment;
e. ^ copy of the Stewardship Easement, (or deed if a fee simple transfer is
proposed) applicable to the land, which shall be granted in perpetuity and shall
be recorded by the County upon approval of the SSA Credit Agreement;
f. Land management measures;
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g. Provisions requiring that, upon designation of land as an SSA, the owner shall
not seek or request, and the County shall not grant or approve, any increase in
density or any additional uses beyond those specified in the SSA Credit
Agreement on the land;
h. Provisions requiring that, upon designation of land within either an FSA or an
HSA as an SSA, the owner shall not thereafter seek or request, and the County
shall not thereafter grant or approve any expansion or conversion of agricultural
land uses in violation of Sections 2.2.27.9.A.2 and 3;
i. Provisions regarding and ensuring the enforceability of the SSA Credit
Agreement~; and
j. If applicable, the number of credits to be granted for restoration (Restoration
Credits), together with the following information:
(1) A legal description of lands to be designated for restoration;
(2) A map depicting the land being designated as SSA, with the lands to be
dedicated for restoration, but which the applicant makes no commitment to
undertake restoration, identified as Restoration I CR r'); and the lands
dedicated for restoration and for which the applicant has committed to carry
out the restoration identified as Restoration II ("R I1");
(3) The number of Restoration Credits to be granted for the lands designated R I
and R II;
(4) A Restoration Analysis and Report, which shall include a written evaluation of
the restoration area's existing ecological/habitat value and the necessary
restoration efforts required to reestablish original conditions; enhance the
functionality of wetlands or wildlife habitat; or remove exotics so as to
enhance the continued viability of native vegetation and wetlands; and
(5) When the restoration is to be undertaken by the applicant, a Restoration Plan
that addresses, at a minimum, the following elements+:
(a) Restoration goals or species potentially affected;
(b) Description of the work to be performed;
(c)ldentification of the entity responsible for performing the work;
(d) Work Schedule;
(e) Success Criteria; and
(f) Annual management, maintenance and monitoring.
Public Hearing for Credit Agreement. The SSA Credit Agreement shall be
approved by a resolution of the BCC at an advertised public meeting by majority
vote.
Recording of SSA Memorandum. Following approval by the County, an SSA
Memorandum shall be prepared and recorded in the public records, together with
the following portions or exhibits of the SSA Credit Agreement as attachments:
a. The legal description of the lands subject to the SSA Credit Agreement and the
number of SSA Credits assigned to the land designated as SSA, including lands
TAL#528911.7 1 9
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designated for restoration, if any, and the Restoration Credits assigned to such
land;
b. The Stewardship Easement Agreement on the SSA lands, describing the land
uses remaining on the land;
c. A summary of the Restoration Plan, if restoration is to be undertaken by the
applicant, to include the elements set forth in Section 2.2.27.9.C.5.i(5)(a).
8. Stewardship Easement Agreement or Deed. The Applicant shall prepare and
submit a Stewardship Easement Agreement in all cases except when the property is
being deeded in fee simple to a "conservation/preservation agency."
a. The Agreement shall impose a restrictive covenant or grant a perpetual restrictive
easement that shall be recorded for each SSA, shall run with the land and shall
be in favor of Collier County and one or more of the following: Florida
Department of Environmental Protection, Florida Department of Agriculture and
Consumer Services, South Florida Water Management District, or a recognized
land trust.
b. The Stewardship Easement Agreement shall identify the specific land
management measures that will be undertaken and the party responsible for
such measures.
c. In the event that the land being designated as an SSA is being transferred to a
conservation entity by fee simple title, a deed shall be submitted in lieu of the
Stewardship Easement Agreement.
D. SSA Application Review Process
1. Pre-application Conference with County Staff. Prior to the submission of a
formal application for SSA designation, the applicant shall attend a pre-application
conference with the Administrator or his designee and other county staff, agencies,
and officials involved in the review and processing of such applications and related
materials. If an SRA designation application is to be filed concurrent with an SSA
application, only one pre-application conference shall be required. This pre-
application conference should address, but not be limited to, such matters as:
a. Conformity of the proposed SSA with the goals, objectives, and policies of the
growth management plan;
b. Review of the Stewardship Credit Worksheet and Natural Resource Index
Assessment for the property;
c. Identification of the recognized entity to be named in the covenant or perpetual
restrictive easement, and;
d. Identification of the proposed land management measures that will be
undertaken and the party responsible for such measures.
2. Application Package Submittal and Processing Fees, The required number of
copies of each SSA Application and the associated processing fee shall be
submitted to the Administrator or his designee. The contents of said application
package shall be in accordance with Section 2.2.27.9.C.
TAL#528911.7 20
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3. Application Deemed Sufficient for Review. Within fifteen (15) working days of
receipt of the SSA Application, the Administrator or his designee shall advise the
applicant in writing that the application is complete and sufficient for agency review
or advise what additional information is needed to find the application sufficient. If
required, the applicant shall submit additional information. Within ten (10) working
days of receipt Of the additional information, the Administrator or his designee shall
advise the applicant in writing that the application is complete, or, if additional or
revised information is required, the Administrator shall again inform the applicant
what information is needed, and the timeframe outlined herein shall occur until the
application is found sufficient for review.
4. Review by County Reviewing Agencies: Once the SSA application is deemed
sufficient, the Administrator or his designee will distribute it to specific County staff
for their review.
5. Designation Review. Within sixty (60) days of receipt of a sufficient application,
county staff shall review the submittal documents and provide written comments,
questions, and clarification items to the applicant. If deemed necessary by county
staff or the applicant, a meeting shall be held to resolve outstanding issues and
confirm public hearing dates.
6. Designation Report. Within ninety (90) days from the receipt of a sufficient
application, county staff shall prepare a written report containing their review
findings and a recommendation of approval, approval with conditions or denial.
This timeframe may be extended upon written agreement by the applicant.
E. SSA Application Approval Process
1. Public Hearing. The BCC shall hold an advertised public hearing on the proposed
resolution approving an SSA Application and SSA Credit Agreement. Notice of the
Board's intention to consider the Application and proposed SSA Credit Agreement
shall be given at least fifteen (15) days prior to said hearing by publication in a
newspaper of general circulation in the County. A copy of such notice shall be kept
available for public inspection during regular business hours of the Office of Clerk to
the BCC. The notice of proposed hearing shall state the date, time and place of the
meeting, the title of the proposed resolution, and the place or places within the
County where the proposed resolution and agreement may be inspected by the
public. The notice shall provide a general description and a map or sketch of the
affected land and shall advise that interested parties may appear at the meeting and
be heard with respect to the proposed resolution. The BCC shall review the staff
report and recommendations and, if it finds that all requirements for designation
have been met, shall, by resolution, approve the application. If it finds that one or
more of the requirements for designation have not been met, it shall either deny the
application or approve it with conditions mandating compliance with all unmet
requirements. Approval of such resolution shall require a majority vote by the BCC.
2. Legal Description. Following the Board's approval of the SSA Application and SSA
Credit Agreement, a legal description of the land designated SSA, the SSA credits
granted, and the Stewardship easement applicable to such lands, shall be provided
TAL#5289 II .7 2 1
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to the Collier County Property Appraiser and the applicant, and shall be recorded
within thirty (30) days by the applicant in the public records.
3. Update the RLSA Overlay Map and Official Zoning Atlas. The Official Zoning
Atlas shall be updated to reflect the designation of the SSA. Sufficient information
shall be included on the updated zoning maps so as to direct interested parties to
the appropriate public records associated with the designation, including but not
limited to Resolution number and SSA Designation Application number. The RLSA
Overlay Map shall be updated to reflect the SSA designation during a regular growth
management cycle no later that twelve months from the effective date of the SSA
Agreement.
F. SSA Amendments. Collier County shall consider an amendment to an approved SSA
in the same manner described in this Section for the designation of an SSA.
Amendment(s) to approved SSAs shall only be considered if the application removes
one or more additional Land Use Layers from the existing SSA. Under no
circumstances shall ~,Land uUse l_Layers, once removed as part of an SSA designation,
be added back to the SSA. The application to amend the SSA may be submitted as
part of an application to designate a new SSA provided such lands are contiguous to
the previously approved SSA and are under the same ownership.
2.2.27.10. SI:IA Designation. SRA designation is intended to encourage and facilitate uses
that enable economic prosperity and diversification of the economic base of the RLSA
District, and encourage development that utilizes creative land use planning techniques
and facilitates a compact form of development to accommodate population growth by the
establishment of SRAs. Stewardship Credits generated from SSAs are exchanged for
additional residential or non-residential entitlements in an SRA on a per acre basis as set
forth herein. Density and intensity within the RLSA District shall not be increased beyond
the Baseline Standards except through the provisions of the Stewardship Credit System,
the Affordable Housing Density Bonus as referenced in the Density Rating System of the
FLUE, and the density and intensity blending provision of the Immokalee Area Master Plan.
The procedures for the establishment and transfer of Credits and SRA designation are set
forth herein. Credits can be transferred only to lands within the RLSA District that meet the
defined suitability criteria and standards set forth herein. Land becomes designated as an
SRA on the date that the SRA Credit Agreement becomes effective pursuant to Section
2.2.27.10.D.11.c. Any change in the residential density or non-residential intensity of land
use on a parcel of land located within an SRA shall be specified in the resolution, which
shall reflect the total number of transferable Credits assigned to the parcel of land.
A, L.ands Within the FIL. SA District that can be Designated as SI:lAs. All privately
owned lands within the RLSA District that meet the suitability criteria contained herein
may be designated as SRA, except lands delineated on the RLSA Overlay Map as FSA,
HSA, or WRA, or lands already designated as an SSA. WRAs may be located within
the boundaries of an SRA and may be incorporated into an SRA Master Plan to provide
water management functions for properties within such SRA, subject to all necessary
permitting requirements.
1. Suitability Criteria. The following suitability criteria are established to ensure
consistency with the Goals, Objectives, and Policies of the RLSA Overlay.
TAL#528911.7 22
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w
a. An SRA must contain sufficient suitable land to accommodate the planned
development.
b. Residential, commercial, manufacturing/light industrial, group housing, and
transient housing, institutional, civic and community service uses within an SRA
shall not be sited on lands that receive a Natural Resource Index value of greater
than 1.2.
c. Conditional use essential services and governmental essential services, with the
exception of those necessary to serve permitted uses and for public safety, shall
not be sited on land that receives a Natural Resource Index value of greater than
1.2, regardless of the size of the land or parcel.
d. Lands or parcels that are greater than one acre and have an Index Value greater
than 1.2 shall be retained as open space and maintained in a predominantly
natural vegetated state.
e. Open space shall also comprise a minimum of thirty-five percent of the gross
acreage of an individual SRA Town, Village, or those CRDs exceeding 100
acres. Gross acreage includes only that area of development within the SRA that
requires the consumption of Stewardship Credits.
f. As an incentive to encourage open space, open space on lands within an SRA
located outside of the ACSC that exceeds the required thirty-five percent retained
open space shall not be required to consume Stewardship Credits.
g. An SRA may be contiguous to an FSA or HSA, but shall not encroach into such
areas, and shall buffer such areas as described in Section 2.2.27.10.J.6.d. An
SRA may be contiguous to, or encompass a WRA.
h. The SRA must have either direct access to a County collector or arterial road or
indirect access via a road provided by the developer that has adequate capacity
to accommodate the proposed development in accordance with accepted
transportation planning standards.
SRAs Within the ACSC. SRAs are permitted within the ACSC subject to limitations
on the number, size, location, and form of SRA described herein. Nothing within this
Section shall be construed as an exemption of an SRA from any and all limitations
and regulations applicable to lands within the ACSC. Lands within the ACSC that
meet all SRA suitability criteria shall also be restricted such that credits used to
entitle an SRA in the ACSC must be generated exclusively from SSAs within the
ACSC. No early entry bonus credits can be used to entitle an SRA within the ACSC.
a. The only forms of SRA allowed in the ACSC east of the Okaloacoochee Slough
shall be Hamlets and CRDs of 100 acres or less and the only forms of SRA
allowed in the ACSC west of the Okaloacoochee Slough shall be Villages and
CRDs of not more than 300 acres and Hamlets. Provided, however, two SRAs,
consisting of any combination of Villages or CRDs of not more than 500 acres
each, exclusive of any lakes created prior to the effective date of this amendment
as a result of mining operations, shall be allowed in areas that have a frontage on
State Road 29 and that, as of the effective date of the RLSA Overlay, had been
~r^~5289~.7 23
6/16/03
predominantly cleared as a result of Ag Group I (Layer 5) or Earth Mining or
Processing Uses (Layer 3).
b. The Town form of an SRA shall not be located within the ACSC.
B. Establishment and Transfer of Stewardship Credits. The procedures for the
establishment and'transfer of Credits and SRA designation are set forth herein.
Stewardship Credits will be exchanged for additional residential or non-residential
entitlements in an SRA on a per acre basis, as described in Section 2.2.2710.B.2.
Stewardship density and intensity will thereafter differ from the Baseline Standards.
1. Transfer of Credits. The transfer or use of Stewardship Credits shall only be in a
manner as provided for herein.
a. Stewardship Credits generated from any SSA may be transferred to entitle any
SRA, except where the SRA is within the ACSC, in which case only Stewardship
Credits that have been generated from an SSA within the ACSC can be used to
entitle such SRA. No early entry bonus credits can be used to entitle an SRA
within the ACSC.
b. Credits can be transferred only to lands within the RLSA that meet the defined
suitability criteria and standards set forth herein.
c. Stewardship Credits may be transferred between different parcels or within a
single parcel, subject to compliance with all applicable provisions of these
policies. Residential clustering shall only occur within the RLSA District through
the use of the Stewardship Credit System, and other forms of residential
clustering shall not be permitted.
d. Stewardship Credits may be acquired from any credit holder and transferred to
an SRA subject to the limitations contained in this Section.
e. Stewardship Credits may be acquired from a Stewardship Credit Trust
established pursuant to Section 2.2.27.6., and transferred to an SRA subject to
the limitations contained in this Section.
2. Stewardship Credit Exchange. Stewardship Credits shall be exchanged for
additional residential or non-residential entitlements in an SRA on a per acre basis at
a rate of eight (8) Stewardship Credits per gross acre. Lands within an SRA greater
than one acre, with Index Values of greater than 1.2, shall be retained as open
space and maintained in a predominantly natural, vegetated state. Any such lands
within an SRA located outside of the ACSC exceeding the required thirty-five
percent shall not be required to consume Stewardship Credits.
3. Public Benefit Uses. The acreage within an SRA devoted to a public benefit use
shall not be required to consume Stewardship Credits and shall not count toward the
maximum acreage limits of an SRA. For the purpose of this Section, public benefit
uses are limited to public schools (preK-12) and public or private post secondary
institutions+, Post Secondary Institutuion Ancillary Uses+~. community parks
exceeding the minimum requirement of 200 square feet per dwelling unit+, municipal
golf courses-;, regional parks+, and governmental facilities excluding essential
services as defined in the LDC.
~'^L#5289 ~ ~.7 24
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4. Mixed Land Use Entitlements. In order to promote compact, mixed use
development and provide the necessary support facilities and services to residents
of rural areas, the SRA designation and the transfer of the Stewardship Credits
allows for a full range of uses, accessory uses and associated uses that provide a
mix of services to and are supportive to the residential population of an SRA and the
RLSA District. SRAs are intended to be mixed use and shall be allowed the full
range of uses permitted by the Urban Designation of the FLUE, as modified by
Policies 4.7, 4.7.1, 4.7.2, 4.7.3, 4.7.4 and FILSA Overlay Attachment C. Depending
on the size, scale, and character of an SRA, it shall be designed to include an
appropriate mix of retail, office, recreational, civic, governmental, and institutional
uses, in addition to residential uses.
Forms of SRA Developments. SRA Developments are a compact form of
development, which accommodate and promote uses that utilize creative land use
planning techniques. SRAs shall be used to facilitate the implementation of innovative
planning and flexible development strategies described in Chapter 163.3177 (11), F.S.
and 9J-5.006(5)(I), F.A.C. These planning strategies and techniques are intended to
minimize the conversion of rural and agricultural lands to other uses while discouraging
urban sprawl~ protecting environmentally sensitive areas~, maintainin,q the economic
viability of agricultural and other predominantly rural land uses+, and, providein.q for the
cost-efficient delivery of public facilities and services. Only the following four specific
forms of rural development in SRAs are permitted within the RLSA District.
1. Towns. Towns are the largest and most diverse form of SRA, with a full range of
housing types and mix of uses. Towns have urban level services and infrastructure
which support development that is compact, mixed use, human scale, and provides
a balance of land uses to reduce automobile trips and increase livability. Towns
shall be not less than 1,000 acres or more than 4,000 acres and are comprised of
several villages and/or neighborhoods that have individual identity and character.
Towns shall have a mixed-use town center that will serve as a focal point for
community facilities and support services. Towns shall be designed to encourage
pedestrian and bicycle circulation by including an interconnected sidewalk and
pathway system serving all residential neighborhoods. Towns shall have at least
one community park with a minimum size of 200 square feet per dwelling unit in the
Town. Towns shall also have parks or public green spaces within neighborhoods.
Towns shall include both community and neighborhood scaled retail and office uses,
in a ratio as provided in Section 2.2.27.10.J.1. Towns may also include those
compatible corporate office and light industrial uses as those permitted in the
Business Park and Research and Technology Park Subdistricts of the FLUE. Towns
shall be the preferred location for the full range of schools, and to the extent
possible, schools and parks shall be located adjacent to each other to allow for the
sharing of recreational facilities. Towns shall not be located within the ACSC.
2. Villages. Villages are primarily residential communities with a diversity of housing
types and mix of uses appropriate to the scale and character of the particular village.
Villages shall be not less than 100 acres or more than 1,000 acres. Villages are
comprised of residential neighborhoods and shall include a mixed-use village center
to serve as the focal point for the community's support services and facilities.
TALg528911.7
25
6/16/03
Villages shall be designed to encourage pedestrian and bicycle circulation by
including an interconnected sidewalk and pathway system serving all residential
neighborhoods. Villages shall have parks or public green spaces Witl~in
neighborhoods. Villages shall include neighborhood scaled retail and office uses, in
a ratio as provided in Section 2.2.27.10.J.1. Villages are an appropriate location for
a full range of sbhools. To the extent possible, schools and parks shall be located
adjacent to each other to allow for the sharing of recreational facilities.
The Village form of rural land development is permitted within the ACSC subject to
the limitations of Section 2.2.27.10.A.2.
3. Hamlets. Hamlets are small rural residential areas with primarily single-family
housing and limited range of convenience-oriented services. Hamlets shall be not
less than 40 or more than 100 acres. Hamlets will serve as a more compact
alternative to traditional five-acre lot rural subsections currently allowed in the
Baseline Standards. Hamlets shall have a public green space for neighborhoods.
Hamlets include convenience retail uses, in a ratio as provided in Section
2.2.27.10.J.1. Hamlets may be an appropriate location for pre-K through elementary
schools. The Hamlet form of rural land development is permitted within the ACSC
subject to the limitations of Section 2.2.27.10.A.2.
4. Compact Rural Developments (CRDs). Compact Rural- Development (CRD) is a
form of SRA that will provide flexibility with respect to the mix of-uses and design
standards, but shall otherwise comply with the standards of a Hamlet or Village. A
CRD may include, but is not required to have permanent residential housing and the
services and facilities that support permanent residents. Except as described
above, a CRD will conform to the characteristics of a Village or Hamlet as set forth in
Section 2.2.27.10.J.1. based on the size of the CRD. As residential units are not a
required use, those goods and services that support residents such as retail, office,
civic, governmental and institutional uses shall also not be required. However for
any CRD that does include permanent residential housing, the proportionate support
services listed above shall be provided in accordance with the standards for the
most comparable form of SRA as described in Section 2.2.27.10.C.2. or 3.
a. Size of CRDs limited. There shall be no more than 5 CRDs of more than 100
acres in size.
b. CRDs within the ACSC. The CRD form of rural land development is permitted
within the ACSC subject to the limitations of Section 2.2.27.10.A.2.
5. Proportion of Hamlets and CRDs to Villages and Towns. In order to maintain the
correct proportion of Hamlets and CRDs of 100 acres or less to the number of
Villages and Towns approved as SRAs, not more than five (5) of any combination of
Hamlets and CRDs of 100 acres of less may be approved prior to the approval of a
Village or Town. In order to maintain that same proportion thereafter, not more than
five (5) of any combination of Hamlets and CRDs of 100 acres of less may approved
for each subsequent Village or Town approved.
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6
SRAs as Part of a Development of Regional Impact (DRI). SRAs are permitted
as part of a DRI subject to the provisions of Section 380.06, F.S. and the RLSA
District Regulations.
An SRA Designation Application may be submitted simultaneously with a
Preliminary Development Agreement application that occurs prior to a DRI
Application for Development Approval (ADA). In such an application, the form of
SRA Development shall be determined by the characteristics of the DRI project,
as described in the PDA.
The DRI may encompass more than a single SRA Designation Application. It is
the intent of this Section to allow for the future designations of SRAs within a DRI
as demonstrated by the DRI phasing schedule.
A DRI applicant is required to demonstrate that:
(1) The applicant has the necessary Stewardship Credits to entitle the DRI as
part of subsequent SRA Designation Applications, or+
{2) The applicant owns or has a contract with an owner of enough land that
would qualify as SRAs SSAs to entitle the DRI as part of subsequent SRA
Designation Applications, or has the ability to obtain the necessary
Stewardship Credits to entitle the entire DRI as part of subsequent SRA
Designation Applications.
Package. A Designation Application Package to
D. SRA Designation Application
support a request to designate land(s) within the RLSA District as an SRA shall be
made pursuant to the regulations of the RLSA District Regulations. The SRA
Application Package shall include the follow:
1. SRA Designation Application. An application shall be submitted by a landowner
or his/her agent, hereafter "applicant," to request the designation of an SRA within
the RLSA District. The Application shall be submitted to the Administrator or his
designee, on a form provided. The application shall be accompanied by the
documentation as required by this Section.
2. Application Fee. An application fee shall accompany the application.
3. Natural Resource Index Assessment. An assessment that documents the Natural
Resource Index Value scores shall be prepared and submitted as part of the SRA
Application. The Assessment shall include an analysis that quantifies the number of
acres by Index Values. The Assessment shall:
a. Identify all lands within the proposed SRA that have an Index Value greater than
1.2;
b. Verify that the Index Value scores assigned during the RLSA Study are still valid
through recent aerial photography or satellite imagery or agency-approved
mapping, or other documentation, as verified by field inspections.
c. If the Index Value scores assigned during the RLSA Study are no longer valid,
*~'" ^""'""~"* c, hall document the current Index Value of the land.
d. Quantify the acreage of agricultural lands, by type, being converted;
TAL#528911.7 27
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e. Quantify the acreage of non-agricultural acreage, by type, being converted;
f. Quantify the acreage of all lands by type within the proposed SRA that have an
Index Value greater than 1.2;
g. Quantify the acreage of all lands, by type, being designated as SRA within the
ACSC, if any;: and
h. Demonstrate compliance with the Suitability Criteria contained in Section
2.2.27.10.A.1.
4, Natural Resource Index Assessment Support Documentation. Documentation to
support the Natural Resource Index Assessment shall be provided for each SRA
being designated to include:
a. Legal Description, including sketch or survey;
b. Acreage calculations of lands being put into the SRA, including acreage
calculations of WRAs (if any) within SRA boundary but not included in SRA
designation;
c. RLSA Overlay Map delineating the area of the RLSA District being designated as
an SRA;
d. Aerial photograph delineating the area being designated as an SRA;
e. Natural Resource Index Map of area being designated as an SRA;
f. FLUCCS map(s) delineating the area being designated as an SRA;
g. Listed species map(s) delineating the area being designated as an SRA;
h. Soils map(s) delineating the area being designated as an SRA, and;
i. Documentation to support a change in the related Natural Resource Index
Value(s), if appropriate.
5. SRA Master Plan. A Master Plan shall be prepared and submitted by the applicant
as part of the SRA Application for Designation of an SRA. The SRA Master Plan
shall be consistent with the requirements of Section 2.2.27.10.G.
6. SRA Development Document. A Development Document shall be prepared and
submitted by the applicant as part of the SRA Application for Designation of an SRA.
The SRA Development Document shall be consistent with the requirements of
Section 2.2.710.H.
7. SRA Public Facilities Impact Assessment Report. An Impact Assessment Report
shall be prepared and submitted by the applicant as part of the SRA Application for
Designation a of SRA. The SRA Impact Assessment Report shall address the
requirements of Section 2.2.27.10.K.
8. SRA Economic Assessment Report. An Economic Assessment Report shall be
prepared and submitted by the applicant as part of the SRA Application for
Designation of an SRA. The SRA Economic Assessment Report shall address the
requirements of Section 2.2.2710.L.
TAL#528911.7 28
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9. Stewardship Credit Use and Reconciliation Application. A Credit Use and
Reconciliation Application shall be submitted as part of an SRA Designation
Application in order to track the transfer of credits from SSA(s) to SRA(s). 'The
Stewardship Credit Use and Reconciliation Application shall be in a form provided by
the Administrator, or his designee. The application package shall contain the
following:
a. The legal description of, or descriptive reference to, the SRA to which the
Stewardship Credits are being transferred;
b. Total number of acres within the proposed SRA and the total number of acres of
the proposed SRA within the ACSC (if any);
c. Number of acres within the SRA designated "public use" that do not require the
redemption of Stewardship Credits in order to be entitled (does not consume
credits);
d. Number of acres of "excess" open spaces within the SRA that do not require the
consumption of credits;
e. Number of acres of WRAs inside the SRA boundary but not included in the SRA
designation;
f. Number of acres within the SRA that consume Credits;
g. The number of Stewardship Credits being transferred (consumed by) to the SRA
and documentation that the applicant has acquired or has a contractual right to
acquire those Stewardship Credits;
h. Number of acres to which credits are to be transferred (consumed) multiplied by
8 Credits / acre equals the number of Credits to be transferred (consumed);
i. A descriptive reference to one or more approved or pending SSA Designation
Applications from which the Stewardship Credits are being obtained. Copies of
the reference documents, e.g., SSA Stewardship Credit Agreement, etc., shall be
provided, including:
(1) SSA application number;
(2) Pending companion SRA application number;
(3) SSA Designation Resolution (or Resolution Number);
(4) SSA Credit Agreement (Stewardship Agreement);
(5) Stewardship Credits Database Report.
j. A descriptive reference to any previously approved Stewardship Credit Use and
Reconciliation Applications that pertain to the referenced SSA(s) from which the
Stewardship Credits are being obtained; and
k. A summary table in a form provided by Collier County that identifies the
exchange of all Stewardship Credits that involve the SRA and all of the
associated SSAs from which the Stewardship Credits are being obtained.
TAL#528911.7 29
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10.Conditional SRA Designation. If at the time of the approval of the SRA
Designation Application. the applicant has not acquired the number of credits
needed to entitle the SRA, then the SRA Designation approval shall be conditional.
The applicant shall have 60 days from the date of the conditional approval to provide
documentation of the acquisition of the required number of Stewardship Credits. If
the applicant does not provide such documentation within 60 days, the conditional
SRA Designation approval shall be null and void. The Stewardship Credit Use and
Reconciliation Application shall be amended to accurately reflect the transfer of
credits that occurred following the conditional approval of the SRA.
11.SRA Credit Agreement.
a. Any applicant for designation of an SRA shall enter into an SRA Credit
Agreement with the County.
b. The SRA Credit Agreement shall contain the following information:
(1) The number of SSA credits the applicant for an SRA designation is utilizing
and which shall be applied to the SRA land in order to carry out the plan of
development on the acreage proposed in the SRA Development Documents.
(2) A legal description of the SRA land and the number of. acres;
(3) The SRA master plan depicting the land uses and identifying the number of
residential dwelling units, gross leaseable area of retail and office square
footage and other land uses depicted on the master plan;
(4) A description of the SSA credits that are needed to entitle the SRA land and
the anticipated source of said credits;
(5) The applicant's acknowledgement that development of SRA land may not
commence until the applicant has recorded an SRA Credit Agreement
Memorandum with the Collier County Clerk of Courts; and
(6) The applicant's commitments, if any, regarding conservation, or any other
restriction on development on any lands, including wetlands, within the SRA,
as may be depicted on the SRA Master Plan for special treatment.
c. The SRA Credit Agreement shall be effective on the latest of the following dates:
(1) the date that the County approves the SRA Application;
(2) the date that documentation of the applicant's acquisition of the Stewardship
Credits to be utilized for the SRA is found by the County to be sufficient; or
(3) five (5) working days after the date on which the applicant submits
documentation of the acquisition of the Stewardship Credits to be utilized, if
the County fails to make a sufficiency determination prior to that date.
d. Following approval of the SRA Application, the applicant shall record a SRA
Credit Agreement Memorandum, which shall include the following:
('1) A cross reference to the recorded SSA Credit Agreement Memorandum or
Memoranda for the SSA lands from which the credits being utilized are
TAL#528911.7
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generated and identification of the number of credits derived from each SSA;
and
(2) a legal description of the SRA lands.
e. If the development provided for within an SRA constitutes, or will constitute, a
development': of regional impact ("DRI") pursuant to Sections 380.06 and
380.0651, F.S., and if the applicant has obtained a preliminary development
agreement ("PDA") from the Florida Department of Community Affairs for a
portion of the SRA land, the applicant may request the County to enter into a
Preliminary SRA Credit Agreement for those Stewardship Credits needed in
order to develop the PDA authorized development. Commencement of the PDA
authorized development may not proceed until the applicant has recorded a
Preliminary SRA Credit Agreement Memorandum. The Preliminary SRA Credit
Agreement and Preliminary SRA Credit Agreement shall include the same
information and documentation as is required for an SRA Credit Agreement and
an SRA Credit Agreement Memorandum.
E, SRA Application Review Process
1, Pre-Application Conference with County Staff: Prior to the submission of a
formal application for SRA designation, the applicant shall attend a pre-application
conference with the Administrator or his designee and other county staff, agencies,
and officials involved in the review and processing of such applications and related
materials. If an SRA designation application will be filed concurrent with an SSA
application, only one pre-application conference shall be required. This pre-
application conference should address, but not be limited to, such matters as:
a. Conformity of the proposed SRA with the goals, objectives, and policies of the
growth management plan;
b. Consideration of suitability criteria described in Section 2.2.27.10.A.1. and other
standards of this Section;
c. SRA master plan compliance with all applicable policies of the RLSA District
Regulations, and demonstration that incompatible land uses are directed away
from FSAs, HSAs, WRAs, and Conservation Lands;
d. Assurance that applicant has acquired or will acquire sufficient sStewardship
e_Credits to implement the SRA uses, and;
e. Consideration of impacts, including environmental
impacts.
Application Package Submittal and Processing Fees.
and public infrastructure
The required number of
SRA Applications and the associated processing fee shall be submitted to the
Administrator or his designee. The contents of said application package shall be in
accordance with Section 2.2.27.1 O.D.
Application Deemed Sufficient for Review. Within thirty (30) days of receipt of the
SRA Application, the Administrator or his designee shall notify the applicant in
writing that the application is deemed sufficient for agency review or advise what
TAL#528911.7
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additional information is needed to find the application sufficient. If required, the
applicant shall submit additional information. Within twenty (20) days of receipt of
the additional information, the Administrator or his designee shall notify the applica'nt
in writing that the application is deemed sufficient, or, what additional or revised
information is required. If necessary, the Administrator shall again inform the
applicant in writing of information needed, and the timeframe outlined herein shall
occur until the application is found sufficient for review.
4, Review by County Reviewing Agencies: Once the SRA application is deemed
sufficient, the Administrator or his designee will distribute it to specific County review
staff.
5. Staff Review. Within sixty (60) days of receipt of a sufficient application, eC_ounty
staff shall review the submittal documents and provide comments, questions, and
clarification items to the applicant. If deemed necessary by c:,C_ounty staff or the
applicant, a meeting shall be held to address outstanding issues and confirm public
hearing dates.
6. Staff Report. Within ninety (90) days from the receipt of a sufficient application,
~:~_ounty staff shall prepare a written report containing their review findings and a
recommendation of approval, approval with conditions or denial. This timeframe
may be extended upon agreement of oCounty staff and the applicant.
F. SRA Application Approval Process.
1. Public Hearings Required. The BCC shall review the staff report and
recommendations and the recommendations of the EAC and CCPC, and the BCC
shall, by resolution, approve, deny, or approve with conditions the SRA Application
only after advertised public notices have been provided and public hearings held in
accordance with the following provisions:
a. Public Hearing Before the EAC, Recommendation to the BCC. The EAC shall
hold one public hearing on a proposed resolution to designate an SRA if such
SR^ is within the ACSC, or is adjoining land designated as Conservation, FSA,
or HSA.
b. Public Hearing Before the CCPC, Recommendation to BCC. The CCPC shall
hold one advertised public hearing on the proposed resolution to designate an
SRA. A notice of the public hearing before the CCPC on the proposed resolution
shall include a general description and a map or sketch and shall be published in
a newspaper of general circulation in the County at least ten (10) days in
advance of the public hearing.
c. Public Hearing Before the BCC, Resolution Approved. The BCC shall hold
one advertised public hearing on the proposed resolution to designate an SRA.
A public notice, which shall include a general description and a map or sketch,
shall be given to the citizens of Collier County by publication in a newspaper of
general circulation in the County at least ten days prior to the hearing of the BCC.
The advertised public notice of the proposed adoption of the resolution shall, in
addition, contain the date, time and place of the hearing, the title of the proposed
resolution and the place within the County where such proposed resolution may
TAL#528911.7 32
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be inspected by the public. The notice shall also advise that interested parties
may appear at the hearing and be heard with respect to the proposed resolution.
2. Update Stewardship Credits Database. Following the effective date of the
approval of the SRA, the County shall update the Stewardship Credits Database
used to track both SSA credits generated and SRA credits consumed.
3. Update the Official Zoning Atlas and the RLSA Overlay Map. Following the
effective date of the approval of the SRA, the County shall update the Official Zoning
Atlas to reflect the designation of the SRA. Sufficient information shall be included
on the updated maps so as to direct interested parties to the appropriate public
records associated with the designation, e.g., Resolution number, SRA Designation
Application number, etc. The RLSA Overlay Map shall be updated to reflect the
SRA designation during a regular growth management plan amendment cycle, no
later than twelve months from the effective date of the SRA Credit Agreement.
4.SRA Amendments. Amendments to the SRA shall be considered in the same
manner as described in this Section for the establishment of an SRA, except as
follows.
a. Waiver of Required SI:IA Application Package Component(s). A waiver may
be granted by the Administrator or his designee, if at the time of the pre-
application conference, in the determination of the Administrator, the original
SRA Designation Application component(s) is (are) not materially altered by the
amendment or an updated component is not needed to evaluate the amendment.
The Administrator shall determine what application components and associated
documentation are required in order to adequately evaluate the amendment
request.
b. Approval of Minor Changes by Administrator. Administrator shall be authorized
to approve minor changes and refinements to an SRA Master Plan or Development
Document upon written request of the applicant. Minor changes and refinements
shall be reviewed by appropriate Cclllcr County Ss_taft to ensure that said changes
and refinements are otherwise in compliance with all applicable County ordinances
and regulations prior to the Administrator's consideration for approval. The
following limitations shall apply to such requests:
(1) The minor change or refinement shall be consistent with the RLSA Overlay,
the RLSA District Regulations, and the SRA Development Document's
amendment provisions.
(2) The minor change or refinement shall be compatible with contiguous land uses
and shall not create detrimental impacts to abutting land uses, water
management facilities, and conservation areas within or external to the SRA.
(3)Minor changes or refinements, include but are not limited to:
(a)Reconfiguration of lakes, ponds, canals, or other water management facilities
where such changes are consistent with the criteria of the SFWMD and
Collier County;
TAL~528911.7 3 3
6/16/03
(b)lnternal realignment of rights-of-way, other than a relocation of access points
to the SRA itself, where water management facilities, preservation areas, or
required easements are not adversely affected; and
(c)Reconfiguration of parcels when there is no encroachment into the
conservation areas or lands with an Index Value of 1.2 or higher,,.,,-"'~',,~,
c. Relationship to Subdivision or Site Development Approval. Approval by the
Administrator of a minor change or refinement may occur independently from, and
prior to, any application for Subdivision or Site Development Plan approval.
However, such approval shall not constitute an authorization for development or
implementation of the minor change or refinement without first obtaining all other
necessary County permits and approvals.
Master Plan. To address the specifics of each SRA, a master plan of each SRA will be
prepared and submitted to Collier County as a part of the petition for designation as an
SRA. The master plan will demonstrate that the SRA complies with all applicable
Growth Management Plan policies and the RLSA District and is designed so that
incompatible land uses are directed away from lands identified as FSAs, HSAs, WRAs,
and Conservation Lands on the RLSA Overlay Map.
1. Master Plan Requirements. A master plan shall accompany an SRA Designation
Application to address the specifics of each SRA. The master plan shall demonstrate
that the SRA is designed so that incompatible land uses are directed away from
lands identified as FSAs, HSAs, WRAs and Conservation Lands on the RSLA
Overlay Map. The plan shall be designed by an urban planner who possesses an
AICP certification, together with at least one of the following:
a. a professional engineer (P.E.) with expertise in the area of civil engineering
licensed by the State of Florida;
b. a qualified environmental consultant per Section 3.8 of the LDC; or
c. a practicing architect licensed by the State of Florida.
2. Master Plan Content. At a minimum, the master plan shall include the following
elements:
a. The title of the project and name of the developer;
b. Scale, date, north arrow;
c. Location map that identifies the relationship of the SRA to the entire RLSA
District, including other designated SRAs;
d. Boundaries of the subject property, all existing roadways within and adjacent to
the site, watercourses, easements, section lines, and other important physical
features within and adjoining the proposed development;
e. Identification of all proposed tracts or increments within the SRA such as, but not
limited to: residential, commercial, industrial, institutional, conservation/
preservation, lakes and/or other water management facilities, the location and
function of all areas proposed for dedication or to be reserved for community
TAL#528911.7 34
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and/or public use, and areas proposed for recreational uses including golf
courses and related facilities;
f. Identification, location and quantification of all wetland preservation, buffer areas,
and open space areas;
g. The Iocation'and size (as appropriate) of all proposed drainage, water, sewer,
and other utility provisions;
h. The location of all proposed major internal rights of way and pedestrian access
ways;
i. Typical cross sections for all arterial, collector, and local streets, public or private,
within the proposed SRA;
j. Identification of any WRAs that are contiguous to or incorporated within the
boundaries of the SRA; and
k. Documentation or attestation of professional credentials of individuals preparing
the master plan.
H. Development Document. Data supporting the SRA Master Plan, and describing the
SRA application, shall be in the form of a Development Document that shall consist of
the information listed below, unless determined at the required pre-application
conference to be unnecessary to describe the development strategy.
1. The document shall be prepared by an urban planner who possesses an AICP
certification, together with at least one of the following:
a. a professional engineer (P.E.) with expertise in the area of civil engineering
licensed by the State of Florida;
b. a qualified environmental consultant per Section 3.8 of the LDC; or
c. a practicing architect licensed by the State of Florida.
2. The document shall identify, locate and quantify the full range of uses, including
accessory uses that provide the mix of services to. and are supportive of, the
residential population of an SRA or the RSLA District, and shall include, as
applicable, the following:
a. Title page to include name of project;
b. Index/table of contents;
c. List of exhibits;
d. Statement of compliance with the RSLA Overlay and the RLSA District
Regulations;
e. General location map showing the location of the site within the boundaries of the
RLSA Overlay Map and in relation to other designated SRAs and such external
facilities as highways;
f. Property ownership and general description of site (including statement of unified
ownership);
g. Description of project development;
TAL#528911.7 3 5
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h. Legal description of the SRA boundary, and for any WRAs encompassed by the
SRA;
i. The overall acreage of the SRA that requires the consumption of Stewardship
Credits and proposed gross density for the SRA;
j. Identification.of all proposed land uses within each tract or increment describing:
acreage; proposed number of dwelling units; proposed density and percentage of
the total development represented by each type of use; or in the case of
commercial, industrial, institutional or office, the acreage and maximum gross
leasable floor area within the individual tracts or increments;
k. Design standards for each type of land use proposed within the SRA. Design
standards shall be consistent with the Design Criteria contained in Section
2.2.27.10.J.;
I. All proposed variations or deviations from the requirements of the LDC, including
justification and alternatives proposed;
m. The proposed schedule of development, and the sequence of phasing or
incremental development within the SRA, if applicable;
n. A Natural Resource Index Assessment as required in Section 2.2.27.9.C.3.;
o. The location and nature of all existing or proposed public facilities (or sites), such
as schools, parks, fire stations and the like;
p. A plan for the provision of all needed utilities to and within the SRA; including (as
appropriate) water supply, sanitary sewer collection and treatment system,
stormwater collection and management system, pursuant to related county
regulations and ordinances;
q. Typical cross sections for all arterial, collector, and local streets, public or private,
within the proposed SRA;
r. Agreements, provisions, or covenants, which govern the use, maintenance, and
continued protection of the SRA and any of its common areas or facilities;
s. Development commitments for all infrastructure;
t. When determined necessary to adequately assess the compatibility of proposed
uses within the SRA to existing land uses, their relationship to agriculture uses,
open space, recreation facilities, or to assess requests for deviations from the
Design Criteria standards, the Administrator or his designee may request
schematic architectural drawings (floor plans, elevations, perspectives) for all
proposed structures and improvements, as appropriate;
u. Development Document amendment provisions; and,
v. Documentation or attestation of professional credentials of individuals preparing
the development document.
DRI Master Plan. If applicable, the DRI master plan shall be included as part of the
SRA Designation Application. The DRI master plan shall identify the location of the
SRA being designated, and any previously designated SRAs within the DRI.
Design Criteria. Criteria are hereby established to guide the design and development
of SRAs to include innovative planning and development strategies as set forth in
TAL#528911.7 36
6/16/03
Chapter 163.3177 (11), F.S. and 0J-5.006(5)(I). The size and base density of each form
of SRA shall be consistent with the standards set forth below. The maximum base
residential density as specified herein for each form of SRA may only be exceeded
through the density blending process as set forth in density and intensity blending
provision of the Immokalee Area Master Plan or through the Affordable Housing Density
Bonus as referenced in the Density Rating System of the FLUE. The base residential
density is calculated by dividing the total number of residential units in an SRA by the
acreage therein that is entitled through Stewardship Credits. The base residential
density does not restrict net residential density of parcels within an SRA. The location,
size and density of each SRA will be determined on an individual basis, subject to the
regulations below, during the SRA designation review and approval process.
SRA Characteristics. Characteristics for SRAs designated within the RLSA District
have been established in the Goals Objectives and Policies of the RLSA Overlay. All
SRAs designated pursuant to this Section shall be consistent with the characteristics
identified on the Collier County RLSA Overlay SRA Characteristics Chart and the
design criteria set forth in 2. through 6. below.
TAL#528911.7 37
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Collier County RLSA Overlay SRA Characteristics Chart
Typical Town* Village Hamlet Compact Rural Developmept
Characteristics
Size (Gross 1,000-4,000 acres 100-1,000 acres 40-100 acres'* 100 Acres or less** I Greater than 100 Acres*'
Acres)
II
Residential Units 1-4 DUs per gross acre*** 1-4 DUs per gross acre*** ~-2 DUs per gross acre*** Y2-2 Dus per gross acre*** 1-4 Dus per gross acre***
(DUs) per gross
acre base density
Full range of single family and Diversity of single family and Single Family and limited multi- Single family and limited multi- Single family and limited multi-
Residential multi-family housing types, styles, multi-family housing types, styles, family family .... family ....
Housing Styles lot sizes lot sizes
Retail & Office - .5 Retail & Office- .5 Retail & Office- .5 Retail & Office- .5 Retail & Office- .5
Civic/Governmental/Institution - .6 Civic/Governmental/Institution - .6 Civic/Governmental/Institution- .6 Civic/Governmental/Institution - .6 Civic/Governmental/Institution - .6
Maximum Floor Manufacturing/Light Industrial- Group Housing- .45 Group Housing- .45 Group Housing- .45 Group Housing- .45
Area Ratio or .45 Transient Lodging - 26 upa net Transient Lodging - 26 upa net Transient Lodging - 26 upa net Transient Lodging - 26 upa net
Intensity Group Housing- .45
Transient Lodging - 26 upa net
Town Center with Community and
Neighborhood Goods and Village Center with Neighborhood
Services in Town and Village Village Center with Neighborhood Convenience Goods and Convenience Goods and Goods and Services in Village
Goods and Centers: Minimum 65 SF gross Goods and Services in Village Services: Minimum 10 SF gross Services: Minimum 10 SF gross Cenlers: Minimum 25 SF gross
Services building area per BU; Corporate Centers: Minimum 25 SF gross building area per DU building area per DU building area per DU
Office, Manufacturing and Light building area per BU
Industrial
Centralized or decentralized Centralized or decentralized Individual Well and Septic Individual Well and Septic Centralized or decentralized
community treatment system community trealment system System: Centralized or System: Centralized or community treatment system
Water and decentralized community decentralized community
Wastewater Interim Well and Septic Interim Well and Septic treatment system treatment system Interim Well and Septic
Community Parks (200 SF/DU} Parks & Public Green Spaces Parks & Public Green Spaces
with Neighborhoods Public Green Spaces for Public Green Spaces for with Neighborhoods
Parks & Public Green Spaces Neighborhoods (Minimum 1% of Neighborhoods (Minimum 1% of
with Neighborhoods Active Recreation/Golf Courses gross acres) gross acres) Active Recreation/Golf Courses
Recreation and
Open Spaces Active Recreation/Golf Courses Lakes Lakes
Open Space Minimum 35% of Open Space Minimum 35% ol
Lakes SRA SRA
Open Space Minimum 35% of
SRA
Wide Range ol Services - Moderate Range of Services - Limited Services Limited Services Moderate Range of Services -
Civic, Government minimum 15 SF/DU minimum 10 SF/DU; minimum 10 SF/DU;
and Institutional Pre-K through Elementary Pre-K through Elementary
Services Full Range of Schools Full Range of Schools Schools Schools Full Range of Schools
Auto - interconnecled system of Auto - interconnecled system of Auto - interconnected system of
collector and local roads; required collector and local roads; required Auto - interconnected system ot Aulo - interconnected syslem of colleclor and local roads; required
connection to collector or arterial connection to collector or arterial local roads local roads connection to collector or aderial
Transportation
Interconnected sidewalk and interconnected sidewalk and Pedestrian Pathways Pedestrian Pathways Interconnected sidewalk and
pathway system pathway system pathway system
County Transit Access Equestrian Trails Equestrian Trails Equestrian Trails Equestrian Trails
County Transit Access County Transit Access
*- Towns are prohibited within the ACSC, per policy 4.7.1 of the Goals, Objectives, and Policies.
** - Villages, Hamlets, and Compact Rural Developments within the ACSC are subject to location and size limitations, per policy 4.20,
and are subject to Chapter 28-25, FAC.
*** - Density can be increased beyond the base density through the Affordable Housing Density Bonus or through the density blending
provision, per policy 4.7
.... - Those CRDs that include single or multi-family residential unses shall include proportionate support services.
Underlined uses are not required uses.
2. Town Design Criteria. [Reserved]
3. Village Design Criteria. [Reserved]
4. Hamlet Design Criteria. [Reserved]
5. CRD Design Criteria. [Reserved]
TAL#528911.7 3 8
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6. Design Criteria Common to SRAs.
a. Parcels of one (1) acre or more, with a Natural Resource Index rating greater
than 1.2, must be preserved as open space and maintained in a predominantly
naturally vegetated state.
b. A minimum of 35% of the SRA land designated as Town or Village shall be kept
in open space.
c. SRA design shall demonstrate that ground water table draw down or diversion
will not adversely impact the hydroperiods of adjacent FSA, HSA, WRA or
Conservation Land and will not adversely affect the water use rights of either
adjacent developments or adjacent agricultural operations and will comply with
the SFVVMD Basis of Review. Detention and control elevations shall be
established to protect natural areas and be consistent with surrounding land and
project control elevations and water tables.
d. Where an SRA adjoins an FSA, HSA, WRA or existing public or private
conservation land delineated on the RLSA Overlay Map, best management and
planning practices shall be applied to minimize adverse impacts to such lands.
Best management practices shall include the following:
(1)The perimeter of each SRA shall be designed to provide a transition from
higher density and intensity uses within the SRA to lower density and intensity
uses on adjoining property. The edges of SRAs shall be well defined and
designed to be compatible with the character of adjoining property.
Techniques such as, but not limited to setbacks, landscape buffers, and
recreation/open space placement may be used for this purpose.
(2) Open space within or contiguous to an SRA shall be used to provide a buffer
between the SRA and any adjoining FSA, HSA, or existing public or private
conservation land delineated on the RLSA Overlay Map. Open space
contiguous to or within 300 feet of the boundary of an FSA, HSA, or existing
public or private conservation land may include: natural preserves, lakes, golf
courses provided no fairways or other turf areas are allowed within the first
200 feet, passive recreational areas and parks, required yard and set-back
areas, and other natural or man-made open space. Along the west boundary
of the FSAs and HSAs that comprise Camp Keais Strand, i.e., the area south
of Immokalee Road, this open space buffer shall be 500 feet wide and shall
preclude golf course fairways and other turf areas within the first 300 feet.
e. Where a WRA is incorporated into the stormwater system of an SRA, the
provisions of Section 2.2.27.9.A.4.b. apply.
f. Where existing agricultural activity adjoins an SRA, the design of the SRA must
take this activity into account to allow for the continuation of the agricultural
activity and to minimize any conflict between agriculture and SRA uses.
7. Infrastructure Required. An SRA shall have adequate infrastructure available to
serve the proposed development, or such infrastructure must be provided
concurrently with the demand as identified in Division 3.15 of the LDC. The level of
TAL#528911.7 39
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infrastructure required will depend on the type of development, accepted civil
engineering practices, and the requirements of this Section.
a. The capacity of infrastructure serving the SRA must be demonstrated during the
SRA designation process in accordance with the provisions in Division 3.15 of
the LDC in effect at the time of SRA designation.
b. Infrastructure to be analyzed will include facilities for transportation, potable
water, wastewater, irrigation water, stormwater management, and solid waste.
c. Centralized or decentralized community water and wastewater utilities are
required in Towns, Villages, and those CRDs exceeding 100 acres in size.
Centralized or decentralized community water and wastewater utilities shall be
constructed, owned, operated and maintained by a private utility service, the
developer, a Community Development District, other special districts the
Immokalee Water Sewer Service District, Collier County Water and Sewer
District, or other governmental entity. This Section shall not prohibit innovative
alternative water and wastewater treatment systems such as decentralized
community treatment systems provided that they meet all applicable regulatory
criteria.
d. Individual potable water supply wells and septic systemS, limited to a maximum
of 100 acres of any Town, Village or CRD are permitted on an interim basis until
services from a centralized/decentralized community system are available.
e. Individual potable water supply wells and septic systems are permitted in
Hamlets and may be permitted in CRDs of 100 acres or less in size.
8. Requests for Deviations from the LDO. The SRA Development Document may
provide for nonprocedural deviations from the LDC, provided that all of the following
are satisfied:
a. The deviations are consistent with the RLSA Overlay;
b. The deviations further the RLSA District Regulations and are consistent with
those specific Design Criteria from which Section 2.2.27.10.J.2. through 5
expressly prohibit deviation; and
c. It can be demonstrated that the proposed deviation(s) further enhance the tools,
techniques and strategies based on principles of innovative planning and
development strategies, as set forth in Chapter 163.3177 (11), F.S. and 9J-
5.006(5)(L).
K. SRA Public Facilities Impact Assessments. Impact assessments are intended to
identify methods to be utilized to meet the SRA generated impacts on public facilities
and to evaluate the self-sufficiency of the proposed SRA with respect to these public
facilities. Information provided within these assessments may also indicate the degree
to which the SRA is consistent with the fiscal neutrality requirements of Section
2.2.2710.L. Impact assessments shall be prepared in the following infrastructure areas:
1. Transportation. A transportation impact assessment meeting the requirements of
Section 2.7.3 of the LDC, or its successor regulation or procedure, shall be prepared
TAL#528911.7 40
6/16/03
by the applicant as component of an Impact Assessment Report that is submitted as
part of an SRA Designation Application package.
a. In addition to the standard requirements of the analyses required above, the
transportation impact assessment shall specifically consider, to the extent
applicable, the following issues related to the highway network:
(1) Impacts to the level of service of impacted roadways and intersections,
comparing the proposed SRA to the impacts of conventional Baseline
Standard development;
(2) Effect(s) of new roadway facilities planned as part of the SRA Master Plan on
the surrounding transportation system; and
(3) Impacts to agri-transport issues, especially the farm-to-market movement of
agricultural products.
b. The transportation impact assessment, in addition to considering the impacts on
the highway system, shall also consider public transportation (transit) and bicycle
and pedestrian issues to the extent applicable.
c. No SRA shall be approved unless the transportation impact assessment required
by this Section has demonstrated through data and analysis that the capacity of
County/State collector or arterial road(s) serving the SRA to be adequate to
serve the intended SRA uses in accordance with Division 3.15 of the LDC in
effect at the time of SRA designation.
Potable Water. A potable water assessment shall be prepared by the applicant as
a component of an Impact Assessment Report that is submitted as part of an SRA
Designation Application package. The assessment shall illustrate how the applicant
will conform to either FAG Chapter 64E-6, F.A.C., for private and limited use water
systems, or FAC Chapter 62-555, F.A.C., for Public Water Systems. In addition to
the standard requirements of the analyses required above, the potable water
assessment shall specifically consider, to the extent applicable, the disposal of
waste products, if any, generated by the proposed treatment process. The applicant
shall identify the sources of water proposed for potable water supply.
Irrigation Water. An irrigation water assessment shall be prepared by the applicant
as a component of an Impact Assessment Report that is submitted as part of an
SRA Designation Application package. The assessment shall quantify the
anticipated irrigation water usage expected at the buildout of the SRA. The
assessment shall identify the sources of water proposed for irrigation use and shall
identify proposed methods of water conservation.
Wastewater. A wastewater assessment shall be prepared by the applicant as a
component of an Impact Assessment Report that is submitted as part of an SRA
Designation Application package. The assessment shall illustrate how the applicant
will conform to either Standards for Onsite Sewage Treatment and Disposal
Systems, contained in State of Florida in Chapter 64E6, F.A.C. for systems having a
capacity not exceeding 10,000 gallons per day or Chapter 62-600, F.A.C. for
wastewater treatment systems having a capacity greater than 10,000 gallons per
day. In addition to the standard requirements of the analyses required above, the
TAL~528911.7 4 1
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wastewater assessment shall specifically consider, to the extent applicable, the
disposal of waste products generated by the proposed treatment process.
5. Solid Waste. A solid waste assessment shall be prepared by the applicant as a
component of an Impact Assessment Report that is submitted as part of an SRA
Designation Application package. The assessment shall identify the means and
methods for handling, transporting and disposal of all solid waste generated
including but not limited to the collection, handling and disposal of recyclables and
horticultural waste products. The applicant shall identify the location and remaining
disposal capacity available at the disposal site.
6. Stormwater Management. A stormwater management impact assessment shall be
prepared by the applicant as a component of an Impact Assessment Report that is
submitted as a part of an SRA Designation Application Package. The stormwater
management impact assessment shall, at a minimum, provide the following
information:
a. An exhibit showing the boundary of the proposed SRA including the following
information:
(1) The location of any WRA delineated within the SRA;
(2) A generalized representation of the existing stormwater flow patterns across
the site including the location(s) of discharge from the site to the
downstream receiving waters;
(3) The land uses of adjoining properties and, if applicable, the locations of
stormwater discharge into the site of the proposed SRA from the adjoining
properties.
b. A narrative component to the report including the following information:
(1) The name of the receiving water or, if applicable, FSA or WRA to which the
stormwater discharge from the site will ultimately outfall;
(2) The peak allowable discharge rate (in cfs / acre) allowed for the SRA per
Collier County Ordinance 90-10 or its successor regulation;
(3) If applicable, a description of the provisions to be made to accept stormwater
flows from surrounding properties into, around, or through the constructed
surface water management system of the proposed development;
(4) The types of stormwater detention areas to be constructed as part of the
surface water management system of the proposed development and water
quality treatment to be provided prior to discharge of the runoff from the site;
and
(5) If a WRA has been incorporated into the stormwater management system of
an SRA, the report shall demonstrate compliance with provisions of Section
2.2.27.9.A.4.b.
L. SI:IA Economic Assessment. An Economic Assessment meeting the requirements of
this Section shall be prepared and submitted as part of the SRA Designation Application
Package. At a minimum, the analysis shall consider the following public facilities and
services: transportation, potable water, wastewater, irrigation water, stormwater
TAL#528911.7 42
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management, solid waste, parks, law enforcement, emergency medical services, fire,
and schools. Development phasing and funding mechanisms shall address any
adverse impacts to adopted minimum levels of service pursuant to the Division 3.i5-of
the LDC.
1. Demonstration: of Fiscal Neutrality. Each SRA must demonstrate that its
development, as a whole, will be fiscally neutral or positive to the Collier County tax
base, at the end of each phase, or every five (5) years, whichever occurs first, and in
the horizon year (build-out). This demonstration will be made for each unit of
government responsible for the services listed below, using one of the following
methodologies:
a. Collier County Fiscal Impact Model. The fiscal impact model officially adopted
and maintained by Collier County.
b. Alternative Fiscal Impact Model. If Collier County has not adopted a fiscal
impact model as indicated above, the applicant may develop an alternative fiscal
impact model using a methodology approved by Collier County. The model
methodology will be consistent with the Fiscal Impact Analysis Model ("FIAM")
developed by the State of Florida or with Burchell et al., 1994, Development
Assessment Handbook (ULI).
The BCC may grant exceptions to this policy of fiscal neutrality to accommodate
affordable or workforce housing.
2. Monitoring Requirement. To assure fiscal neutrality, the developer of the SRA
shall submit to Collier County a fiscal impact analysis report ("Report") every five
years until the SRA is 90% built out. The Report will provide a fiscal impact analysis
of the project in accord with the methodology outlined above.
3. Imposition of Special Assessments. If the Report identifies a negative fiscal
impact of the project to a unit of local government referenced above, the landowner
will accede to a special assessment on his property to offset such a shortfall or in the
alternative make a lump sum payment to the unit of local government equal to the
present value of the estimated shortfall for a period covering the previous phase (or
five year interval). The BCC may grant a waiver to accommodate affordable
housing.
4. Special Districts Encouraged in SRAs. The use of community development
districts (CDDs), Municipal Service Benefit Units (MSBUs), Municipal Service Taxing
Units (MSTUs), or other special districts shall be encouraged in SRAs. When
formed, the special districts shall encompass all of the land designated for
development in the SRA. Subsequent to formation, the special district will enter into
an Interlocal agreement with the County to assure fiscal neutrality. As outlined
above, if the monitoring reveals a shortfall of net revenue, the special district will
impose the necessary remedial assessment on lands in the SRA.
Baseline Standards. [Reserved]
2.2.27.11.
TAL#528911.7 43
ORDINANCE NO. 03-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER
91-102, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE,
RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE,
ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING:
ARTICLE 1, DIVISION 1.8, NONCONFORMITIES; DIVISION 1.18,
LAWS INCORPORATED BY REFERENCE; ARTICLE 2, DIVISION 2.2.
ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES,
INCLUDING REVISIONS TO THE RURAL AGRICULTURAL, ESTATES
AND RESIDENTIAL ZONING DISTRICTS LIST OF PERMITTED AND
CONDITIONAL USES, INCLUDING REVISIONS TO THE SANTA
BARBARA OVERLAY DISTRICT RELATED TO SIDEWALKS,
INCLUDING REVISIONS AND ADDITIONS TO THE BAYSHORE
MIXED USE OVERLAY DISTRICT, INCLUDING CREATION OF A
STEWARDSHIP OVERLAY DISTRICT AND DESIGNATION
PROCEDURES FOR STEWARDSHIP SENDING AND RECEIVING
AREAS; DIVISION 2.3, OFF-STREET PARKING AND LOADING;
DIVISION 2.4, LANDSCAPING AND BUFFERING; DIVISION 2.5,
SIGNS, TO REVISE PROVISIONS RELATED TO ILLUMINATED
SIGNS; DIVISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS;
DIVISION 2.7, ZONING ADMINISTRATION AND PROCEDURES;
ARTICLE 3, DIVISION 3.2, SUBDIVISIONS; DIVISION 3.3, SITE
DEVELOPMENT PLANS; DIVISION 3.5, EXCAVATION; DIVISION 3.9,
VEGETATION REMOVAL, PROTECTION AND PRESERVATION;
DIVISION 3.14, VEHICLE ON THE BEACH REGULATIONS; ARTICLE
5, DIVISION 5.4, BUILDING BOARD OF ADJUSTMENTS & APPEALS;
AND ARTICLE 6, DIVISION 6.3, DEFINITIONS; SECTION FOUR,
CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN
THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND
SECTION SIX, EFFECTIVE DATE.
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted
Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which has been
subsequently amended; and
WHEREAS, the LDC may not be amended more than two times in each calendar year unless
additional amendment cycles are approved by the Collier County Board of County Commissioners pursuant to
Section 1.19.1., LDC; and
WHEREAS, this is the first amendment to the LDC, Ordinance 91-102, for the calendar year 2003;
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 May 21, 2003, and June 16, 2003, 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, all applicable substantive and procedural requirements of the law have been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County,
Florida, that:
SECTION ONE:
RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth.
SECTION TWO: FINDINGS OF FACT
of fact:
The Board of County Commissioners of Collier County, Florida, hereby makes the following findings
1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local Government
Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to
prepare and adopt a Comprehensive Plan.
2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla.
Stat., mandates that Collier County adopt land development regulations that are consistent with and
implement the adopted comprehensive plan.
3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and
enforcement by Collier County of land development regulations for the total unincorporated area shall be
based on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by
the Act.
4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or
amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion
thereof, and any land development regulations existing at the time of adoption which are not consistent with
the adopted Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent.
5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of
innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan
(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 intensifies in the Comprehensive Plan and if it meets all other criteria
enumerated by the local government.
Page 2 of 66
Words struck t~.mugh are deleted, words underlined are added
10. On October 30, 1991, Collier County adopted the Collier County Land Development Code,
which became effective on November 13, 1991 and may be amended twice annually.
11. Collier County finds that the Land Development Code is intended and 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 DIVISION 1.8. NONCONFORMIES
Division 1.8. Nonconforming Lots of Record, of Ordinance 91-102, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
DIVISION 1.8. NONCONFORMING LOTS OF RECORD
Sec. 1.8.2 Nonconforming Lots of Record.
C. When two or more ad}acent legal nonconforming lots of record are either combined under a single
folio or parcel number for taxing purposes by the property appraiser's office or combined as a single
parcel by recording the previously separate non-conforming lots into one legal description, neither or
both of these actions will prohibit the owner or future owners from subsequently splitting the parcel into
two or more folio or parcel numbers for tax purposes, or severing the parcels into their former legal
descriptions as legal non-conforming lots of record according to the original legal description(s) at the
time the property was recognized as legal nonconforming. Prior to any two or more adiacent, legal non-
conforming lots being combined for development a legally binding document must be recorded to reflect
a single parcel with a unified legal description. Once such a document has been recorded to amend the
legal description and a development permit has been approved by the County for development as that
unified parcel, the property can not be split or subdivided except as may then be allowed b_y this code.
SUBSECTION 3.B. AMENDMENTS TO DIVISION 1.18
Division 1.18, Laws Incorporated herein by reference, of Ordinance 91-102, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
DIVISION 1.18 LAWS INCORPORATED HEREIN BY REFERENCE
Collier County ordinances and laws, as amended or superseded, are hereby incorporated into this Code
by reference as if fully set forth and recited herein. Repeal or amendment of these ordinances, or adoption
of successor ordinances, shall not be subject to procedures otherwise required for adoption of
amendments to this Code, except as otherwise required by general law.
Page 3 of 66
Words :'~-::ck t~.r.~t:g,h are deleted, words underlined are added
Subject Ordinance Number
Building Construction Administrative Code 91 56 2002-01 [Code of Laws Ch. 22, Art.. II]
Standard Building
1988 Code with 89 and 90 Revisions
Florida Building Code 2001, including
following technical codes:
Plumbing
Mechanical
Fuel Gas
Code
the
The National Electrical Code Edition: 1999 NFPA
70 1999
National r~: ~ r>~,~,; ~ r~ll=:D A \
Florida Fire Prevention Code
Chapter 4A-60, Florida Administrative Code
National Fire Protection Association (NFPA) 1
With modification by Ch. 4A-60.003 FAC
National Fire Protection Association (NFPA) 101
With modification by Ch. 4A-60.004 FAC
Publications added to NFPA 1 and NFPA 101 by
4A-60.005
Local Amendments Ord# 2002-49
Floodplain
Coastal Building Zone (Wind)
Utility Standards
2002-01 [Code of Laws §§ 22-106, 22-107]
94--59 [Code §§ 22-106, 22-108]
91 ~9 [Code §§ 22-106, 22-109]
9t-6t- [Code §§ 22-106, 22-110]
87 21 [Code ch. 22, art. IV, div. 3]
91 52 [Code ch. 22, art. IV, div. 2]
86--54
2002-49 [Code of Laws Ch. 58, Art.. III
86-28
87-80
90-31
[Code ch. 62, art.
87-20 [Code ch. 22, art. IX]
2002-1
88-76
89-23
89-32
93-64
85-2
85-26
86-5
[Code ch. 134, a~.
[Code ch. 22, art.
74-50 [Code ch. 90, art. II]
90-10
2001-27
97-25
Public Right-of-Way Standards
Seawall Construction
Water Policy
Collier County Streetscape Master Plan (CCSMP)
Page 4 of 66
Words :tr'.:e!: x~ct:g~ are deleted, words underlined are added
SUBSECTION 3.C AMENDMENTS TO DIVISION 2.2., ZONING DISTRICTS,
PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS
DIVISION 2.2., Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards, of
Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to
read as follows:
DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES,
CONDITIONAL USES, DIMENSIONAL STANDARDS
Sec. 2.2.3 Estates district (E)
2.2.2.3. Conditional uses. The following uses are permitted as conditional uses in the rural agricultural
district (A), subject to the standards and procedures established in division 2.7.4.
27. Model homes and model sales centers, subject to compliance with all other LDC requirements, to
include but limited to, LDC 2.6.33.4. as it may be amended.
2.2.3.3. Conditional uses. The following uses are permissible as conditional uses in the estates district
(E), subject to the standards and procedures established in division 2.7.4:
9. Model homes and model sales centers, subject to compliance with all other LDC requirements, to
include but limited to, LDC 2.6.33.4. as it may be amended.
Section 2.2.4. Residential single-family districts (RSF).
2.2.4.3. Conditional uses. The following uses are permissible as conditional uses in the residential
single-family districts (RSF), subject to the standards and procedures established in division 2.7.4.
10. Model homes and model sales centers, subject to compliance with all other LDC requirements, to
include but limited to, LDC 2.6.33.4. as it may be amended.
Section 2.2.5 Residential multiple-family-6 district (RMF-6).
2.2.5.3. Conditional uses. The following uses are permissible as conditional uses in the RMF-6 district,
subject to the standards and procedures established in division 2.7.4:
9. Model homes and model sales centers, subject to compliance with all other LDC requirements, to
include but limited to, LDC 2.6.33.4. as it may be amended
Section 2.2.6 Residential multiple-family-12 district (RMF-12).
2.2.6.3. Conditional uses. The following uses are permissible as conditional uses in the residential
multiple-family-12 district (RMF-12), subject to the standards and procedures established in division
2.7.4:
Page 5 of 66
Words str::c~ t~.r,vr:gh are deleted, words underlined are added
7. Model homes and model sales centers, subject to compliance with all other LDC requirements, to
include but limited to, LDC 2.6.33.4. as it may be amended.
Section 2.2.7 Residential multiple-family-16 district (RMF-16).
2.2.7.3.Conditional uses. The following uses are permissible as conditional uses in the residential
multiple-family~16 district (RMF-16), subject to the standards and procedures established in division
2.7.4:
7. Model homes and model sales centers, subject to compliance with all other LDC requirements, to
include but limited to, LDC 2.6.33.4. as it may be amended.
Section 2.2.8 Residential Tourist district (RT).
2.2.8.3. Conditional uses. The following uses are permitted as conditional uses in the residential tourist
district (RT), subject to the standards and procedures established in division 2.7.4:
8. Model homes and model sales centers, subject to compliance with all other LDC requirements, to
include but limited to, LDC 2.6.33.4. as it may be amended.
2.2.8.4.5. Maximum density permitted. For properties located within an activity center or if the RT
zoning was in existence at the time of adoption of this Code: A max:.mum of 26 units per acre for hotels
and motels, and 16 units per acre for timeshares and multifamily uses when !,v. cate~ w:.th:.n an
~ .... :c .~,~ c.~v ~: .......:~ ~v:~. ...... ~. ~:~ ~c ~:~ ~c ..:o ~,.a~. For properties located
outside an activity center or if the RT zoning was not in existence at the time of adoption of this Code:
Density shall be determined through application of the density rating system as set forth in the growth
management plan, up to a maximum of 16 units per acre. xX~e- ~-~'~'~ ....o:a ...... :-':ty
o.~_o~l~ ...~ ~..~**~a .~ ~ .,.:~_~o ......... v~- -~-~. The calculation of density shall based on the land area defined by a
lot(s) of record. Any project~ which received approval at a public he~ing prior to July 1. 2000~ shall not
be deemed to be nonconfor~ng as a result of inconsistency with density Ii.rations.
Section 2.2.9. Village Residential district (VR).
2.2.9.3. Conditional uses. The following uses are permissible as conditional uses in the village
residential district (VR), subject to the standards and procedures established in division 2.7.4:
10. Model homes and model sales centers, subject to compliance with all other LDC requirements, to
include but limited to, LDC 2.6.33.4. as it may be amended.
Section 2.2.10. Mobile home district (MH).
2.2.10.3. Conditional uses. The following uses are permissible as conditional uses in the mobile home
district (MH), subject to the standards and procedures established in division 2.7.4:
6. Model homes and model sales centers, subject to compliance with all other LDC requirements, to
include but limited to, LDC 2.6.33.4. as it may be amended
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Section2.2.27. RURAL LANDS STEWARDSHIP AREA (RLSA)
DISTRICT REGULATIONS
ZONING OVERLAY
2.2.27.1 Purpose and Intent. The purpose of this section (the RLSA District Regulations) is to create
a Rural Lands Stewardship Area Zoning Overlay District (RLSA District) to implement the incentive based
Collier County Rural Lands Stewardship Area Overlay (RLSA Overlay) established within the County's
Growth Management Plan (GMP). It is the intent of the RLSA District and the RLSA District Regulations to
protect natural resources and retain viable agriculture by promoting compact rural mixed-use development as
an alternative to low-density single use development, and to provide a system of compensation to private
property owners for the elimination of certain land uses in order to protect natural resources and viable
agriculture in exchange for transferable credits that can be used to entitle such compact development.
2.2.27.2 Definitions. As used in the RLSA District Regulations, the terms below shall have the
following meanings:
Baseline Standards - Baseline Standards are the allowable uses, density, intensity and other land
development regulations assigned to land within the RLSA District by the GMP, Collier County Land
Development Regulations and Collier County Zoning Regulations in effect prior to the adoption Of Interim
Amendments and Interim Development Provisions referenced in Final Order AC-99-002, and subject to the
further provisions of Section 2.2.27.8.
Compact Rural Development (CRD) - Compact Rural Developments are a form of SRA that provide
flexibility with respect to the mix of uses and design standards, but shall otherwise comply with the standards
of a Hamlet or Village. A CRD may include, but is not required to have permanent residential housing and
the services and facilities that support permanent residents. An example of a CRD without permanent
residential housing is an ecotourism village that would have a unique set of uses and support services
different from a traditional residential village. It would contain transient lodging facilities and services
appropriate to eeo-tourists, but may not provide for the range of services necessary to support permanent
residents.
Designation - Application of the SSA or SRA concepts through a formal application, review, and approval
process as described in the RLSA District Regulations.
FSA - Flow way Stewardship Area - Privately owned lands delineated on the RLSA Overlay Map, which
primarily include privately owned wetlands that are located within the Camp Keais Strand and
Okaloacoochee Slough. FSAs form the primary wetland flow way systems in the RLSA District.
Hamlet - Hamlets are a form of SRA and are small rural residential areas with primarily single-family
housing and a limited range of convenience-oriented services. Hamlets serve as a more compact alternative
to traditional five-acre lot rural subdivisions currently allowed in the baseline standards.
HSA - Habitat Stewardship Area - Privately owned lands delineated on the RLSA Overlay Map, which
include both areas with natural characteristics that make them suitable habitat for listed species and areas
without these characteristics. These latter areas are included because they are located contiguous to habitat
with natural characteristics, thus forming a continuum of landscape that can augment habitat values.
Land Use - Land Cover Indices - One of the indices comprising the Natural Resource Index Value of land,
with values assigned based upon land use and land cover characteristics as mapped using the Florida Land
Use, Cover, and Forms Classification System (FLUCCS) (Florida Department of Transportation 1999). For
purposes of assigning values, land use and land cover codes are grouped as follows: Group 1 (Codes 617,
6172, 621, 6218, 6219, 624, 630, 641,643); Group 2 (Codes 321,411, 4119, 425, 434, 439, 428); Group 3
(21l, 212, 213, 214, 221,222, 241,242, 243, 250, 260, 261,310, 329, 330, 422, 510, 521,523, 533,534);
and Group 5 (all others).
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Land Use Layer (Layer) - Permitted and conditional land uses within the Baseline Standards that are of a
similar type or intensity and that are grouped together in the same column on the Land Use Matrix.
Land Use Matrix (Matrix) - The tabulation of the permitted and conditional land uses within the Baseline
Standards set forth in Section 2.2.27.9.B.4, with each Land Use Layer displayed as a single column.
Listed Species Habitat Indices - One of the indices comprising the Natural Resource Index Value, with
values assigned based upon the habitat value of the land for listed species. Index values are based on
documentation of occupied habitat as established by the intersect of documented and verifiable observations
of listed species with land cover identified as preferred or tolerated habitat for that species. Land mapped,
using FLUCCS, as 310, 321,411,425, 428, 434, 617, 6172, 621, 6218, 6219, 624, and 630 is deemed to be
preferred or tolerated habitat for panthers for the purpose of assigning a value for these indices. An
intersection of at least one data point establishing the presence of a listed species within a geographic
information system (GIS) polygon of preferred or tolerated habitat for that species shall result in the entire
polygon being scored as occupied habitat.
Natural Resource Index (Index) - A measurement system that establishes the relative natural resource
value of each acre of land by obiectively measuring six different characteristics of land and assigning an
index factor based on each characteristic. The sum of these six factors is the Index value for the land. The
six characteristics measured are: Stewardship Overlay Delineation, Proximity, Listed Species Habitat,
Soils/Surface Water, Restoration Potential, and Land Use/Land Cover.
Natural Resource Index Map Series (Index Maps) - the Rural Lands Study Area Natural Resource Index
Map Series adopted as part of the FLUE.
Natural Resource Index Value (Index Value) - the sum of the values assigned to each acre, derived
through the calculation of the values assigned to each of the six characteristics included in the Index.
Open Space - Open space includes active and passive recreational areas such as parks, playgrounds, ball
fields, golf courses, lakes, waterways, lagoons, floodplains, nature trails, native vegetation preserves,
landscape areas, public and private conservation lands, agricultural areas (not including structures), and water
retention and management areas. Buildings shall not be counted as part of any open space calculation.
Vehicular use surface areas of streets, alleys, driveways, and off-street parking and loading areas shall not be
counted as part of any open space calculation. Post Secondary Institution Ancillary Uses - Any use or
facility owned by a public or private post secondary_ institution that is of a type commonly found on public or
private post secondary institution campuses.
Proximity Indices - One of the indices comprising the Natural Resource Index Value of land, with values
assigned based upon the proximity of the land to areas designated on the RLSA Overlay Map as FSA, HSA,
or WRA and to either public or private preserve lands. No additional value shall be added under the
Proximity Indices for land that is within an FSA, HSA, WRA, or public or private preserve
Restoration Potential Indices - One of the indices comprising the Natural Resource Index Value of land,
with values assigned based both upon the potential for restoration and the historic use or character of the land
as a large mammal corridor, connector wetlands and flow way, wading bird habitat, or other listed species
habitat.
Restoration Zone - Privately owned lands delineated on the RLSA Overlay Map that are located within 500
feet of an FSA, but are not otherwise included in an HSA or WRA
RLSA District - Rural Lands Stewardship Area Zoning Overlay District - The area generally depicted on
the Future Land Use Map and specifically depicted on the Official Zoning Atlas Map as the Rural Lands
Stewardship Area Overlay, including lands within the Immokalee Area Study boundary of the Collier County
Rural and Agricultural Area Assessment referred to in the State of Florida Administration Commission Final
Order No. AC-99-002. The RLSA District generally includes rural lands in northeast Collier County lying
north and east of Golden Gate Estates, north of the Florida Panther National Wildlife Refuge and Big
Cypress National Preserve, south of the Lee County Line, and south and west of the Hendry County Line,
Page 8 of 66
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RI.SA Overlay Map - The map entitled "Collier County Rural & Agricultural Area Assessment
Stewardship Overlay Map," which identifies those areas delineated as FSA, HSA, WRA, Restoration Zone,
and Open.
RLSA District Regulations - Collier County Land Development Code Section 2.2.27.
Soils/Surface Water Indices - One of the indices comprising the Natural Resource Index Value of land,
with values assigned based upon soil types classified using the following Natural Soils Landscape Positions
(NSLP) categories: Open Water and Muck Depression Soils (NSLP Categories 1 and 5); Sand Depression
Soils (NSLP Category 6); Flats Soils (NSLP Category 7); and Non-Hydric Soils (NSLP Categories 8, 9, and
ll).
SRA - Stewardship Receiving Area - A designated area within the RLSA District that has been approved for
the development of a Hamlet, Village, Town or CRD and that requires the consumption of Stewardship
Credits.
SSA - Stewardship Sending Area - A designated area within the RLSA District that has been approved for
the generation of Stewardship Credits in exchange for the elimination of one or more Land Use Layers.
Stewardship Credit (Credit) - A transferable unit of measure generated by an SSA and consumed by an
SRA. Eight credits are transferred to an SRA in exchange for the development of one acre of land as
provided in Section 2.2.27.10. B.2.
Stewardship Credit Database - A database maintained by the County that keeps track of all of the credit
transactions (generation of Credits through SSA designation and the consumption of credits through SRA
designation) approved by the County.
Stewardship Credit System - A system that creates incentives to protect and preserve natural resources and
agricultural areas in exchange for the generating and use of credits to entitle compact forms of rural
development. The greater the value of the natural resources being preserved and the higher the degree of
preservation, the greater the number of credits that can be generated. Credits are generated through the
designation of SSAs and consumed through the designation of SRAs.
Stewardship Credit Worksheet - An analytical tool that manually describes the Stewardship Credit
calculation process including the Natural Resource Index and Land Use Layer components. The worksheet
can be used to document proposed changes to the Index component during the SSA and SRA designation
processes.
Stewardship Overlay Designation - One of the indices comprising the Natural Resource Index Value of
land, with values assigned based upon the designation of the land on the RLSA Overlay Map as FSA, HSA,
WRA, or ACSC, or, where Land Use Layers 1 through 3 are removed, Restoration Zone. Land that is
designated as ACSC, as well as FSA, HSA, or WRA shall receive value for the designation with the higher
value but shall not receive value for both designations.
Town - Towns are a form of SRA and are the largest and most diverse form of SRA, with a full range of
housing types and mix of uses. Towns have urban level services and infrastructure which supporl
development that is compact, mixed use, human scale, and provides a balance of land uses to reduce
automobile trips and increase livability. Towns are comprised of several Villages and/or neighborhoods that
have individual identity and character.
Village - Villages are a form of SRA and are primarily residential communities with a diversity of housing
types and mix of uses appropriate to the scale and character of the particular village. Villages are comprised
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of residential neighborhoods and shall include a mixed-use village center to serve as the focal point for the
community's support services and facilities.
WRA - Water Retention Area - Privately owned lands delineated on the RLSA Overlay Map, that have
been permitted by the South Florida Water Management District to function as agricultural water retention
areas and that provide surface water quality and other natural resource value.
2.2.27.3 Establishment of RLSA Zoning Overla.y District. In order to implement the RLSA District
Regulations, an RLSA District, to be designated as "RLSAO" on the Official Zoning Atlas, is hereby
established.
A. The lands included in the RLSA District and to which the RLSA District Regulations apply are depicted
by the following map:
Page 10 of 66
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INSERT MAP]
Rural Lands Stewardship Area (RLSA) Zoning Overlay District
R 28 E R 29 E R 3O E
HENDRY COUNTY
I--
Z
0
0
W
IMMO¼ALEE
I
P9
Z
N
0 1 2
R
I - 75
28 E R 29 E
LEGEND
RURAL LANDS
STEWARDSHIP AR£A
OVERLAY
R 30
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B. Within the RLSA District, additional lands may be designated to implement the Stewardship Credit
System as follows:
1. Establishment of SSA Designations. An RLSA District classification to be known as SSAs, and to
be designated on the official zoning atlas by the symbol "A-RLSAO-SSA", is hereby established. This
overlay district classification will be used for those lands within the RLSA District that are designated by the
Board of County Commissioners (BCC) as SSAs. The placement of this designation shall be governed by
the procedures as prescribed in the RLSA District Regulations.
2. Establishment of SRA Designations. An RLSA District classification to be known as SRAs, and to
be designated on the official zoning atlas by the symbol "A-RLSAO-SRA", is hereby established. This
overlay district classification will be used for those lands within the RLSA District that are designated by the
BCC as SRAs.
RLSA District Regulations.
2.2.27.4. Establishment of Land Uses Allowed in the RLSA District. Land uses allowed
The placement of this designation shall be governed by the procedures as prescribed in the
District are of two types: those allowed in the Baseline Standards prior to designation of
and; those uses Provided for in SSAs and SRAs after designation. The underlying land us
the RLSA Distri}t are included in the Baseline Standards. Upon designation 0f SSAs and
the RLSA Distn'ct Regulations, the land uses allowed shall be as provided in Sections
within the RLS,4
SSAs and SRAs,
:s allowed within
SRAs pursuant to
2.2.27.9.B.4. and
2.2.27.10.J. 1., respectively. '
2.2.27.5. Establishment of a Stewardship Credit Database. As part of the initial impl ~mentation of the
RLSA Overlay, the Community Development and Environmental Services Administratcr (Administrator)
shall cause to be developed a Stewardship Credit Database to track the generation (by SSAs) and
consumption (by SRAs) of Stewardship Credits within the RLSA District. The database shall be in an
electronic form that can be linked to the RLSA Overlay Map and can readily produce reports that will afford
convenient access to the data by the public. The database shall be updated upon approval of an SSA or SR,a
Designation Application and Credit Agreement.
2.2.27.6. Authorization to Establish a Stewardship Credit Trust. As part of the implementation of the
RLSA Overlay, the County may elect to acquire Credits through a publicly funded program. Should the
County pursue this option, the County shall establish a Stewardship Credit Trust to receive and hold Credits
until such time as they are sold, transferred or otherwise used to implement uses within SRAs. Nothing
herein shall preclude the County from permanently "retiring" any such credits.
B. Within the RLSA District, additional lands may be designated to implement the,
Stewardship Credit System as follows:
1. Establishment of SSA Designations. An RLSA District classification to be known as SSAs, and to
be designated on the official zoning atlas by the symbol "A-RLSAO-SSA", is hereby established. This
overlay district classification will be used for those lands within the RLSA District that are designated by the
Board of County Commissioners (BCC) as SSAs. The placement of this designation shall be governed by
the procedures as prescribed in the RLSA District Regulations.
2. Establishment of SRA Designations. An RLSA District classification to be known as SRAs, and to
be designated on the official zoning atlas by the symbol "A-RLSAO-SRA", is hereby established. This
overlay district classification will be used for those lands within the RLSA District that are designated by thc,
BCC as SRAs. The placement of this designation shall be governed by the procedures as prescribed
RLSA District Regulations.
2.2.27.4. Establishment of Land Uses Allowed in the RLSA District. Land uses allowed within thc,
RLSA District are of two types: those allowed in the Baseline Standards prior to designation of SSAs and
SRAs, and; those uses provided for in SSAs and SRAs after designation. The underlying land uses allowed
within the RLSA District are included in the Baseline Standards. Upon designation of SSAs and SRAs
pursuant to the RLSA District Regulations, the land uses allowed shall be as provided in Section::
2.2.27.9.B.4. and 2.2.27.10.J. 1., respectively.
2.2.27.5. Establishment of a Stewardship Credit Database. As part of the initial implementation of thc~
RLSA Overlay, the Community Development and Environmental Services Administrator (Administrator)
shall cause to be developed a Stewardship Credit Database to track the generation (by SSAs) and
consumption (by SRAs) of Stewardship Credits within the RLSA District. The database shall be in an
electronic form that can be linked to the Zoning Atlas and can readily produce reports that will afford
convenient access to the data by the public. The database shall be updated upon approval of an SSA or SRA
Designation Application and Credit Agreement.
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2.2.27.6. Authorization to Establish a Stewardship Credit Trust. As part of the implementation of the
RLSA Overlay, the County may elect to acquire Credits through a publicly funded program. Should the
County pursue this option, the County shall establish a Stewardship Credit Trust to receive and hold Credits
until such time as they are sold, transferred or otherwise used to implement uses within SRAs. Nothing
herein shall preclude the County from permanently "retiring" those credits received or held.
2.2.27.7. General. Except as provided in Subsections 2.2.27.8.E., F. and G., there shall be no change to the
underlying density and intensity of permitted uses of land within the RLSA District, as set forth in the
Baseline Standards, until a property owner elects to utilize the provisions of the Stewardship Credit System
pursuant to the provisions of Section 2.2.27.9.B. No pan of the Stewardship Credit System shall be imposed
upon a property owner without that owner's written consent. It is the intent of the RLSA District
Regulations that a property owner will be compensated consistent with Policy 3.8 of the RLSA Overlay for
the voluntary stewardship and protection of important agricultural and natural resources. The Baseline
Standards will remain in effect for all land not subject to the transfer or receipt of Stewardship Credits.
A. Creation of Stewardship Credits/General. Stewardship Credits (Credits) may be created from any
lands within the RLSA District from which one or more Land Use Layers are removed. These lands will be
identified as SSAs. All privately owned lands within the RLSA District are candidates for designation as an
SSA. Land becomes designated as an SSA upon petition by the property owner seeking such designation as
outlined herein. A Stewardship Agreement shall be developed that identifies those land uses, which have
been removed. Once land is designated as an SSA and Credits or other compensation is granted to the
owner, no increase in density or additional uses that are not expressly identified in the Stewardship
Agreement shall be allowed on such property.
B. Transfer of Stewardship Credits/General. Credits can be transferred only to lands within the RLSA
District that meet the defined suitability criteria and standards set forth in Section 2.2.27.10.A. 1., and that
have been designated as SRAs. The procedures for the establishment and transfer of Credits and SRA
designation are set forth herein. Stewardship Credits will be exchanged for additional residential or non-
residential entitlements in an SRA on a per acre basis. SRA density and intensity will thereafter differ from
the Baseline Standards.
C. Allocation of Stewardship Credits/General. Stewardship Credits generated from one SSA may be
allocated to one or more SRAs, and an SRA may receive Stewardship Credits generated from one or more
SSAs.
D. Five Year Comprehensive Review.
1. Many of the tools, techniques, and strategies of the Overlay are new, innovative, and incentive-based and
have yet to be tested in actual implementation. Consequently, by June 2008 and at such subsequent times as
deemed appropriate by the BCC, the County shall prepare and submit to DCA for review a comprehensive
analysis of the RLSA Overlay to assess the participation and effectiveness of the RLSA Overlay
implementation in meeting the Goals, Objectives, and Policies of the RLSA Overlay by utilizing the
measures of review delineated in Policy 1.22.
2. Subsequent to the June 2008 review, the RLSA Overlay and RLSA District Regulations may be amended
in response to the County's assessment and evaluation of the participation in and effectiveness of the
Stewardship Credit System.
3. The value, exchange rate, and use of Stewardship Credits shall be governed by the RSLA Overlay and
RLSA District Regulations in effect at the time the SSA from which those credits are generated is approved.
The Restoration Stewardship Credits shall be governed by the RSLA Overlay and RLSA District Regulations
in effect at the time that such Restoration Stewardship Credits are authorized by the BCC.
2.2.27.8. Lands Within the RLSA District Prior to SSA or SRA Designation. All lands within the RLSA
District have been delineated on the RLSA Overlay Map. Unless and until designated as an SSA or SRA,
lands within the RLSA District shall remain subject to the Baseline Standards.
A. Private Lands Delineated FSAs, HSAs, and WRAs. Lands delineated FSA, HSA, or WRA on the
RLSA Overlay Map have been identified through data and analysis as having a higher quality natural
resource value than those lands not delineated. Although any land within the RLSA District can be
designated as an SSA, generally those lands delineated FSAs, HSAs, and WRAs are the most likely
candidates for designation because of the higher credit values applied to lands with those delineations.
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B. Private Lands Delineated as Open. Lands not otherwise classified as FSA, HSA, or WRA are
delineated as "Open" on the RLSA Overlay Map and are generally of a lower natural resource quality. Open
lands may be designated as either SSAs or SRAs.
C. Area of Critical State Concern (ACSC). The RLSA District includes lands that are within the ACSC.
Those ACSC lands are depicted on the RLSA Overlay Map and are eligible for designation as SRAs, subject
to additional standards set forth in 2.2.27.10.A.2. All ACSC regulations continue to apply to ACSC lands
within the RLSA District regardless of designation.
D. Public or Private Conservation Lands. Those lands within the RLSA District that are held in public
ownership or in private ownership as conservation lands may be delineated on the RLSA Overlay Map as
FSA, HSA, or WRA but are not eligible for designation as either an SSA or SRA.
E. Baseline Standards. The Baseline Standards shall apply until lands within the RLSA District are
voluntarily and are designated as an SSA or SRA and shall remain in effect for all land not subject to the
transfer or receipt of Stewardship Credits.
F. No Increase in Density or Intensity (in excess of the Baseline Standards). No increase in density or
intensity within the RLSA District is permitted beyond the Baseline Standards except in areas designated as
SRAs. Within SRAs, density and intensity may be increased through the provisions of the Stewardship
Credit System and, where applicable, through the Affordable Housing Density Bonus as referenced in the
Density Rating System of the FLUE, and the density and intensity blending provision of the Immokalee Area
Master Plan.
G. Lands Within the RLSA District Not Designated SSA or SRA Sub. iect to Special Environmental
Standards. In order to protect water quality and quantity and maintenance of the natural water regime in
areas mapped as FSAs on the RLSA Overlay Map prior to the time that they are designated as SSAs under
the Stewardship Credit Program, Residential Uses, General Conditional Uses, Earth Mining and Processing
Uses, and Recreational Uses (Layers 1-4) as listed in Section 2.2.27.9.B.4.a. shall not be permitted in FSAs
within the RLSA District. Conditional use essential services and governmental essential services, except
those necessary to serve permitted uses or for public safety, shall only be allowed in FSAs with a Natural
Resource Stewardship Index value of 1.2 or less. In order to protect water quality and quantity and
maintenance of the natural water regime and to protect listed animal and plant species and their habitats in
areas mapped as FSAs, HSAs, and WRAs on the RLSA Overlay Map that are not within the ACSC, the use
of such land for a non-agricultural purpose under the Baseline Standards shall be subject to environmental
regulations to implementing Policies 5.1 through 5.6 of the RLSA Overlay, which regulations shall be
adopted by December 13, 2003.
2.2.27.9. SSA Designation. Lands within the RLSA District may be designated as SSAs subject to the
following regulations:
A. Lands Within the RLSA District that can be Designated as SSAs. Any privately held land within
the RLSA District delineated on the RLSA Overlay Map as FSA, HSA, WRA, Restoration, or Open, may be
designated as an SSA, including lands within the ACSC.
1. May be within an SRA Boundary. A WRA, whether designated as an SSA or not, may be
contiguous to or surrounded by an SRA. Should a WRA be used to provide water retention for an SRA, the
provisions of 2.2.27.9.A.4.b. shall apply.
2. FSA Delineated Lands.
a. In the case where lands delineated as FSA and are designated as an SSA, at a minimum, Residential
uses, General Conditional uses, Earth Mining and Processing Uses, and Recreational Uses (layers 1-4) a.~
listed in the Land Use Matrix shall be eliminated as permitted land uses.
b. Conditional use essential services and governmental essential services, other than those necessary to
serve permitted uses or for public safety, shall only be allowed in FSAs with a Natural Resource Stewardship
Index value of 1.2 or less.
c. Directional-drilling techniques and/or previously cleared or disturbed areas shall be utilized for oil
and gas exploration and oil and gas field development, and production activities in FSAs in order to
minimize impacts to native habitats when determined to be practicable. This requirement shall be deemed
satisfied upon issuance of a state permit requiring compliance with the criteria established in Chapter 62C
30, F.A.C., regardless of whether the FSA in which oil and gas exploration and oil and gas field development
and production activities is within the Big Cypress Swamp. Nothing contained herein alters the requirement
to obtain conditional use permits for oil and gas field development and production activities.
d. The elimination of the Earth Mining layer (Layer 3) shall not preclude the excavation of lakes or
other water bodies if such use is an integral part of a restoration or mitigation program within an FSA
Page 14 of 66
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0
ao
HSA Lands.
In the case where lands delineated as HSA are entered into the Stewardship Program and are
designated as an SSA, at a minimum, Residential Land Uses (Layer 1), as listed in the Matrix, shall be
eliminated.
b. General Conditional Uses, Earth Mining and Processing Uses, and Recreational Uses shall be allowed
only on HSA lands with a Natural Resource Stewardship Index value of 1.2 or less.
c. In addition to the requirements imposed in the LDC for approval of a Conditional Use, uses listed in
b. above will only be approved upon submittal of an EIS which demonstrates that clearing of native
vegetation has been minimized, the use will not significantly and adversely impact listed species and their
habitats and the use will not significantly and adversely impact aquifers. This demonstration shall be made
by establishing the following:
(1) Clearing of native vegetation shall not exceed 15% of the native vegetation on the parcel.
(2) Priority shall be given to utilizing contiguous areas of previously cleared land before native vegetated
areas.
(3) Buffering to Conservation Land shall comply with Section 2.2.27.10.J.6.d.
(4) Stormwater Management design shall base water control elevations on seasonal high water elevations
of adjacent wetlands to protect wetland hydroperiods in accord with the SFWMD Basis of Review.
(5) The area has a Listed Species Habitat Indices Value of 0.4 or less and no state or federal direct impact
take permit is required for the use.
(6) Activities that are the subject of an approved SFWMD Environmental Resource Permit or Consumptive
Use Permit and that utilize best management practices designed to protect groundwater from contamination
from allowable land uses are deemed not to significantly and adversely impact aquifers.
d. As an alternative to the submittal of an EIS, the applicant may demonstrate that such use is an integral
part of a State or Federally approved restoration plan or mitigation program.
e. Conditional use essential services and governmental essential services, other than those necessary to serve
permitted uses or for public safety, shall only be allowed in HSAs with a Natural Resource Stewardship
Index value of 1.2 or less.
f. Asphaltic and concrete batch making plants are prohibited in all HSAs.
g. Directional-drilling techniques and/or previously cleared or disturbed areas shall be utilized for oil
and gas exploration and oil and gas field development, and production activities in HSAs in order to
minimize impacts to native habitats when determined to be practicable. This requirement shall be deemed
satisfied upon issuance of a state permit requiring compliance with the criteria established in Chapter 62C
30, F.A.C., regardless of whether the HSA in which oil and gas exploration and oil and gas field
development and production activities is within the Big Cypress Swamp. Nothing contained herein alters the
requirement to obtain conditional use permits for oil and gas field development and production activities.
h. Golf Course design, construction, and operation in any HSA shall comply with the best management
practices of Audubon International's Gold Program and the Florida Department of Environmental Protection,
which standards shall be adopted by December 13, 2003.
4. WRA Delineated Lands.
a. In the case where lands delineated as WRA are entered into the Stewardship Program and are
designated as an SSA, at a minimum, Residential Land Uses (Layer 1), as listed in the Matrix, shall be
eliminated as permitted land uses.
b. During permitting to serve new uses within an SRA, additions and modifications to WRAs may be
required, including but not limited to changes to control elevations, discharge rates, storm water pre
treatment, grading, excavation or fill. Such additions and modifications shall be allowed subiect to review
and approval by the SFWMD in accordance with best management practices. Such additions and
modifications to WRAs shall be designed to ensure that there is no net loss of habitat function within the
WRAs unless there is compensating mitigation or restoration in other areas of the RLSA District that will
provide comparable habitat function. Compensating mitigation or restoration for an impact to a WRA
contiguous to the Camp Keais Strand or Okaloacoochee Slough shall be provided within or contiguous to
that Strand or Slough.
5. Restoration Zone Delineated Lands. To further direct other uses away from and to provide additional
incentive for the protection, enhancement, and restoration of the Okaloacoochee Slough and Camp Keais
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Strand, when lands within a Restoration Zone are designated as an SSA and at least Land Use l.ayers 1
through 3 are eliminated as permitted uses, such Resotration Zone shall receive a Stewardship Overlay
Designation value of 0.6.
B. SSA Credit Generation - Stewardship Credit System. Stewardship Credits (Credits) are created
from any lands within the RLSA District from which one or more Land Use Layers are removed and that are
designated as SSAs. Once land is designated as an SSA and Credits or other compensation consistent with
Policy 3.8 of the RLSA Overlay is granted to the owner, no increase in density or additional uses not
expressly identified in the Stewardship Agreement shall be allowed on such property. A methodology has
been adopted in the GMP for the calculation of credits based upon: 1) the Natural Resource Index Value of
the land being designated as an SSA, and 2) the number of land use layers being eliminated.
1. Early Entry Bonus Credits. Early Entry Bonus Credits are hereby established to encourage the voluntary
designation of SSAs within the RLSA District. The bonus shall be in the form of an additional one
Stewardship Credit per acre of land designated as an SSA that is within an HSA located outside of the ACSC
and one-half Stewardship Credit per acre of land designated as an SSA that is within an HSA located inside
the ACSC.
a. The early entry bonus shall be available until January 30, 2009.
b. he early designation of SSAs and the resultant generation of Stewardship Credits do not require the
establishment of SRAs or otherwise require the early use of Credits.
c. Credits generated under the early entry bonus may be used after the termination of the bonus period.
d. The maximum number of Credits that can be generated under the early entry bonus is 27,000
e. Early Entry Bonus Credits shall not be transferred into or otherwise used to entitle an SRA within the
ACSC.
2. Credit Worksheet. The Stewardship Credit Worksheet, adopted as Attachment "A" of the Growth
Management Plan RLSA Goals, Objectives, and Policies, sets out the mathematical formula that shall be
used to determine the number of credits available for each acre of land being considered for an SSA
3. Natural Resource Indices and Values. A set of Natural Resource Indices has been established as part of
the Stewardship Credit Worksheet.
a. Natural Resource Indices.
Stewardship Overlay Designation
Proximity Indices
Listed Species Habitat Indices
Soils/Sur[ace Water Indices
Restoration Potential Indices
Land Use - Land Cover Indices
b. Index Values. Durin~ the RLSA Study, based upon data and analysis, each acre within the RLSA
District was assigned a value for each Index except for the Restoration Potential Index. The Restoration
Potential Index is assigned during the SSA designation process if appropriate, and credit adjustments are
made at that time.
c. Slough/Strand Index Score Upgrade. An index score upgrade is hereby established as an incentive for
the protection, enhancement and restoration of the Okaloacoochee Slough and Camp Keais Strand. All lands
within 500 feet of the delineated FSAs that comprise the Slough or Strand that are not otherwise included in
an HSA or WRA shall receive the same natural index score (0.6) that an HSA receives, if such property is
designated as an SSA and retains only agricultural, recreational and/or conservation lavers of land use.
d. Index Map. A Natural Resource Index Map adopted as a part of the RLSA Overlay, indicates the Natural
Resource Stewardship Index Value for all land within the RLSA District. Credits from any lands designated
as SSAs, shall be based upon the Natural Resource Index values in effect at the time of designation. At the
time of designation, the Natural Resource Index Assessment required in Section 2.2.27.9.C.3. shall document
any necessary adjustments to the index values reflected on the Index Map. Any change in the characteristics
of land due to alteration of the land prior to the designation of an SSA that either increases or decreases any
Index Value shall result in a corresponding adjustment.
e. Restoration Potential Index Value. If the applicant asserts that the land being designated as an SSA has
a Restoration Potential Index Value of greater than zero (0), an evaluation of the restoration potential of th~;
land being designated shall be prepared by a qualified environmental consultant (per Section 3.8 of the !.DC)
on behalf of the applicant and submitted as part of the SSA Designation Application Package. In the event
that restoration potential is identified, the appropriate Restoration Potential Index Value shall be determined
in accord with the Credit Worksheet. The credit value of each acre to which the Restoration Potential Index
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Value is applied shall be recalculated by adding the Restoration Potential Index Value to that acre's total
Index Value.
f. Restoration Stewardship Credits. Restoration Stewardship Credits are hereby established in addition to
the Restoration Potential Index Value. In certain locations there may be the opportunity for flow way or
habitat restoration such as locations where flow ways have been constricted or otherwise impeded by past
activities or where additional land is needed to enhance wildlife corridors. Restoration Stewardship Credits
shall be applied to an SSA subject to the following regulations:
(1) Priority has been given to restoration within the Camp Keais Strand FSA or contiguous HSAs.
Therefore, four additional Stewardship Credits shall be generated for each acre of land dedicated by the
applicant for restoration activities within any of the following areas: the Camp Keais Strand FSA, contiguous
HSAs, or those portions of the Restoration Zone depicted on the RLSA Overlay Map that are contiguous to
the Camp Keais Strand.
(2) Two additional Stewardship Credits shall be generated for each acre of land dedicated for restoration
activities within the Okaloacoochee Slough, contiguous HSAs, or those portions of the Restoration Zone
depicted on that are contiguous to the Okaloacoochee Slough.
(3) The actual implementation of restoration improvements is not required for the owner to receive such
credits referenced in (1) and (2) above.
(4) If the applicant agrees to complete the restoration improvements and the eligibility criteria below are
satisfied, four additional Stewardship Credits shall be authorized at the time of SSA designation, but shall not
become available for transfer until such time as it has been demonstrated that the restoration activities have
met applicable success criteria as determined by the permitting or commenting agency authorizing said
restoration. One or more of the following eligibility criteria shall be used in evaluating an applicant's
request for these additional Restoration Stewardship Credits:
(a)FSA and/or HSA lands where restoration would increase the width of flow way and/or habitat
corridors along the Camp Keais Strand or Okaloacoochee Slough so that, in the opinion of the applicant's
environmental consultant and County environmental or natural resources staff, there will be functional
enhancement of the flow way or wildlife corridor;
(b)
FSA and/or HSA lands where restoration would increase the width of flow way and/or habitat
corridors within two miles of existing public lands so that, in the opinion of the applicant's environmental
consultant and County environmental or natural resources staff, there will be a functional enhancement of the
flow way or wildlife corridor~
(c) Documentation of state or federal listed species utilizing the land or a contiguous parcel;
(d) Lands that could be restored and managed to provide habitats for specific listed species (e.g.,
gopher tortoise, Big Cypress fox squirrel, red-cockaded woodpecker, etc.), or~
(e) Occurrence of a land parcel within foraging distance from a wading bird rookery or other listed bird
species colony, where restoration and proper management could increase foraging opportunities (e.g., wood
storks).
(5) Lands designated "Restoration" shall be dedicated through a conservation easement or conveyed
through fee simple title and all land uses other than conservation shall be eliminated
4. Land Use Layers to be Eliminated. A set of Land Use Layers has been established as part of the
Stewardship Credit Worksheet and adopted as the Land Use Matrix - Attachment B to the Rural Stewardship
Area Overlay Goals, Objectives and Policies. Each Layer incorporates a number of the permitted or
conditional uses allowed under the Baseline Standards. Each Layer listed below has an established credit
value (percentage of a base credit) developed during the RLSA Study.
At the time of designation application, a landowner wishing to have his/her land designated as an SSA
determines how many of the Land Use Layers are to be removed from the designated lands. A Land Use
Layer can only be removed in its entirety (all associated activities/land use are removed), and Layers shall be
removed sequentially and cumulatively in the order listed below.
a. Land Use Lavers.
1 - Residential Land Uses
2 - General Conditional Uses
3 - Earth Mining and Processing Uses
4 - Recreational Uses
5 - Agriculture - Group 1
6 - Agriculture - Support Uses
7 - Agriculture - Group 2
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b. Land Use Matrix
Collier County Rural Lands Stewardship Overlay
Land Use Matrix
Residential Land General Conditional Earth Mining and Agriculture - Support Restoration and
Uses Uses Procesein~l Use-.Recreational UsesA~riculture Group ,1 Uses A~riculture Group 2 Natural Resources
~i~gi~-family'dwelling, Family care lacilities Excavation, extraction Golf courses an(:l/or Crop raising; Farm labor housing (A) Unimproved pasture Wildlitemanagement,
ncL mobile home (P) (P) 3r earthmining and golf driving ranges horticulture; fruit and and grazing, forestry )lant and wildlife
re~ated processing and (CU) nul production; groves; [P) conservencies, re[uges
production (CU) nurseries, improved and sanctuaries
pasture (P)
Mobile homes [(P) in Collection and transfer Asphaltic and concrete Sports instructional Animal breeding (other Retail sale o! flesh, Ranching; livestock Water management,
MH Overlay; (A) as sites for resource Patch making plants schools and campsthan livestock), raising, unprocessed raising (P) groundwater recharge
lemporary use] recovery (CU) [CU) {CU) training, stabling or agricultural products;
kenneling (P) grown primarily on the
p ropeA'y (A}
Private boathouses Veterinary clinic (CU) Sporting and Dairying; beekeeping; Retsil plant nurseries Hunting cabins (CU) Resl~siion, mitigation
and docks on lake, recreational camps poullry and egg (CU} (P)
:anal or waterway lots (CU) )roduction; milk
[A) produclion (P)
Recreational facilities Child care centers and Aquaculture for native Packinghouse or Cultural, educational, Water supply, wellfields
integral lo residential sdult day care centers species (P) and non- similar agdculfural Dr recreational tacilities (P); oll and gas
developmenl, e.g., golf (CU) native species (CU) prccessing o~ farm and their relatedexploration (P)
community center the properly (A) psdicipanls, viewers or
playgrounds and Put not limited to
playfields (A) airboals, swamp
[rensportation (CU)
Guesthooses (A) Zoo, aquarium, aviary, The commercial Sawmills (CU) Excavation and related Boardwalks, nature
botanical garden, or )roduction, raising or processing incidenlal to trails (P)
other similar uses (CU) breeding of exotic Ag (A)
animals (CU)
~laces of worship (CU} breeding and raising - otherwise listed (P)
venomous (CU)
Communications Essential services (P
towers {P) (CU) and CU)
Iorganizations (CU) Oil and gas field
Oevelopment and
production (CU)
:cu)
2, emeteries (CU)
Schools (CU)
Sro~p care lacilitles,
ALF (CU)
Uses as listed in Collier County Land Development Code - Rural Agricultural District
(P) Prinicpal Use, (A) Accessory Use, (CU) Conditional Use
5. Matrix Calculation. The maximum number of credits generated through designation as an SSA is
established in a matrix calculation that multiplies each Natural Resource Index Value by the value of each
Land Use Layer, thereby establishing a credit value for each acre in the Overlay, weighted by the quality of
its natural resources. As Land Use layers are removed, the sum of the percentages of those Layers removed
is multiplied by the Natural Resource Index Values to determine the Stewardship Credits to be generated by
each acre being designated as an SSA.
C. SSA Designation Application Package. A request to designate lands(s) within the RLSA District as
an SSA shall be made pursuant to the regulations of this Section. An SSA Application Package shall include
the following:
SSA Designation Application. A landowner or his/her agent, hereafter "applicant," shall submit a request
for the designation of SSA for lands within the RLSA District to the Administrator or his designee, on an
approved application form. The application shall be accompanied by the documentation as required by this
Section.
Application Fee. An application fee shall accompany the application~
3. Natural Resource Index Assessment. The applicant shall prepare and submit as part of the SSA
Designation Application a report entitled Natural Resource Index Assessment that documents the Natural
Resource Index Value scores. The Assessment shall include a summary analysis that quantifies the number
of acres by Index Values, the level of conservation being proposed, and the resulting number of Credits being
generated.
a. The Assessment shall verify that the Index Value scores assigned during the RLSA Study are still valid
through recent aerial photography or satellite imagery, agency-approved mapping, or other documentation, as
veri fled by field inspections.
Page 18 of 66
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b. If this Assessment establishes that the Index Value scores assigned during the RLSA Study are no longer
valid, the applicant shall document the Index Value of the land as of the date of the SSA Designation
Application.
c. Establish the suggested "Restoration Potential" Index Value for any acres as appropriate. Provide
evidence/documentation supporting the suggested Index Value~
d. Quantify the acreage of agricultural lands, by type, being preserved~
e. Quantify the acreage of non-agricultural acreage, by type, being preserved~
f. Quantify the acreage of all lands by type within the proposed SSA that have an Index Value greater than
1.2~ and
g. Quantify all lands, by type, being designated as SSA within the ACSC, if any.
4. Support Documentation. In addition, the following support documentation shall be provided for
each SSA being designated:
bo
Co
SSAi
Legal Description, including sketch or survey;
Acreage calculations, e.g., acres of FSAs, HSAs, and WRAs, etc., being put into the SSA;
Stewardship RLSA Overlay Map delineating the area of the RLSA District being designated as an
d. Aerial photograph(s) having a scale of one inch equal to at least 200 feet when available from the-
County, otherwise, a scale of at least one inch equal to 400 feet is acceptable, delineating the area being
designated as an SSA;
e. Natural Resource Index Map of area being designated as an SSA;
f. Florida Department of Transportation Florida Land Use Cover and Forms Classification System
(FLUCCS) map(s) delineating the area being designated as an SSA on an aerial photograph having a scale of
one inch equal to at least 200 feet when available from the County, otherwise, a scale of at least one inch
equal to 400 feet is acceptable;
g. Listed species occurrence map(s) from United States Fish and Wildlife Service, Florida Fish Wildlife
Conservation Commission, and Florida Natural Areas Inventory, delineating the area being designated as an
SSA;
h. United States Department of Agriculture-Natural Resources Conservation Service (USDA-NRCS)
Soils map(s) delineating the area being designated as an SSA;
and
Documentation to support a change in the related Natural Resource Index Value(s), if appropriate;
j. Stewardship Credit Calculation Table that quantifies the number of acres by Index Values, the level
of conservation being offered, and the resulting number of credits being generatec[
5. SSA Credit Agreement. Any landowner petitioning to have all or a portion of land owned within
the RLSA District designated as an SSA and who is to obtain SSA credits for the land so designated shall
enter into a SSA Credit Agreement with the County. SSA Credit Agreements entered into by and between a
landowner and the County shall contain the following:
a. The number of acres, and a legal description of all lands subject to the SSA Credit Agreement;
b. A map or plan (drawn at a scale of 1"= 200') of the land subject to the agreement which depicts any
lands designated FSAs, HSAs, or WRAs and the acreage of lands so designated;
c. A narrative description of all land uses, including conditional uses, if any, that shall be removed from
the land upon approval of the SSA Credit Agreement;
d. A Natural Resource Index Assessment worksheet for the land subject to the Agreement and the total
number of SSA credits that result from the Natural Resource Index Assessment;
e. A copy of the Stewardship Easement, (or deed if a fee simple transfer is proposed) applicable to the
land, which shall be granted in perpetuity and shall be recorded by the County upon approval of the SSA
Credit Agreement;
f. Land management measures;
g. Provisions requiring that, upon designation of land as an SSA, the owner shall not seek or request,
and the County shall not grant or approve, any increase in density or intensity of any permitted uses
remaining on the SSA lands, or any additional uses beyond those specified in the SSA Credit Agreement on
the land;
Page 19 of 66
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h. Provisions regarding and ensuring the enforceability of the SSA Credit Agreement.
i. If applicable, the number of credits to be granted for restoration (Restoration Credits), together with the
following information:
(1) A legal description of lands to be designated for restoration;
(2) A map depicting the land being designated as SSA, with the lands to be dedicated for restoration, but
which the applicant makes no commitment to undertake restoration, identified as Restoration I ("R F')~ and
the lands dedicated for restoration and for which the applicant has committed to carry out the restoration
identified as Restoration II ("R II")~
(3) The number of Restoration Credits to be granted for the lands designated R I and R II;
(4)A Restoration Analysis and Report, which shall include a written evaluation of the restoration area's
existing ecological/habitat value and the necessary restoration efforts required to reestablish original
conditions; enhance the functionality of wetlands or wildlife habitat~ or remove exotics so as to enhance the
continued viability of native vegetation and wetlands~ and
(5) When the restoration is to be undertaken by the applicant, a Restoration Plan that addresses, at a
minimum, the following elements~
(a) Restoration goals or species potentially affected~
(b) Description of the work to be performed~
(c)Identification of the entity responsible for performing the work~
(d) Work Schedule;
(e) Success Criteria; and
(f) Annual management, maintenance and monitoring.
6. Public Hearin~ for Credit Al~reement. The SSA Credit Agreement shall be approved by a
resolution of the BCC at an advertised public meeting by majority vote.
7. Recordinl~ of SSA Memorandum. Following approval by the County, an SSA Memorandum shall
be prepared and recorded in the public records, toghether with the following portions or exhibits of the SSA
Credit Agreement as attachments:
a. The legal description of the lands subject to the SSA Credit Agreement and the number of
SSA Credits assigned to the land designated as SSA, including lands designated for restoration, if any, and
the Restoration Credits assigned to such land~
b. The Stewardship Easement on the SSA lands, describing the land uses remaining on the
land;
c. A summary of the Restoration Plan, if restoration is to be undertaken by the applicant, to
include the elements set forth in Section 2.2.27.9.C.5.i (5)(a).
8. Stewardship Easement A~reement or Deed. The Applicant shall prepare and submit a Stewardship
Easement Agreement in all cases except when the property is being deeded in fee simple to a
"conservation/preservation agency."
a. The Agreement shall impose a restrictive covenant or grant a perpetual restrictive easement that shall be
recorded for each SSA, shall run with the land and shall be in favor of Collier County and one or more of the
following: Florida Department of Environmental Protection, Florida Department of Agriculture and
Consumer Services, South Florida Water Management District, or a recognized land trust.
b. The Stewardship Easement Agreement shall identify the specific land management measures that will be
undertaken and the party responsible for such measures.
c. In the event that the land being designated as an SSA is being transferred to a conservation entity by fee
simple title, a deed shall be submitted in lieu of the Stewardship Easement Agreement.
D. SSA Application Review Process
1. Pre-application Conference with County Staff. Prior to the submission of a formal application for
SSA designation, the applicant shall attend a pre-application conference with the Administrator or his
designee and other county staff, agencies, and officials involved in the review and processing of such
applications and related materials. If an SRA designation application is to be filed concurrent with an SSA
application, one pre-application conference shall be required. This pre-application conference should
address, but not be limited to~ such matters as:
Page 20 of 66
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a. Conformity of the proposed SSA with the goals, objectives, and policies of the growth
management plan;
b. Review of the Stewardship Credit Worksheet and Natural Resource Index Assessment for the
property;
c. Identification of the recognized entity to be named in the covenant or perpetual restrictive
easement, and;
d. Identification of the proposed land management measures that will be undertaken and the
party responsible for such measures.
2. Application Package Submittal and Processing Fees. The required number of copies of each SSA
Application and the associated processing fee shall be submitted to the Administrator or his designee. The
contents of said application package shall be in accordance with Section 2.2.27.9.C.
3. Application Deemed Sufficient for Review. Within fifteen (15) working days of receipt of the SSA
Application, the Administrator or his designee shall advise the applicant in writing that the application is
complete and sufficient for agency review or advise what additional information is needed to find the
application sufficient. If required, the applicant shall submit additional information. Within ten (10)
working days of receipt of the additional information, the Administrator or his designee shall advise the
applicant in writing that the application is complete, or, if additional or revised information is required, the
Administrator shall again inform the applicant what information is needed, and the timeframe outlined herein
shall occur until the application is found sufficient for review.
4. Review by County Reviewing Agencies: Once the SSA application is deemed sufficient, the
Administrator or his designee will distribute it to specific County staff for their review.
5. Designation Review. Within sixty (60) days of receipt of a sufficient application, county staff shall
review the submittal documents and provide written comments, questions, and clarification items to the
applicant. If deemed necessary by county staff or the applicant, a meeting shall be held to resolve
outstanding issues and confirm public hearing dates.
6. Designation Report. Within ninety (90) days from the receipt of a sufficient application, county
staff shall prepare a written report containing their review findings and a recommendation of approval,
approval with conditions or denial. This timeframe may be extended upon written agreement by the
applicant.
E. SSA Application Approval Process
1. Public Hearing. The BCC shall hold an advertised public hearing on the proposed resolution
approving an SSA Application and SSA Credit Agreement. Notice of the Board's intention to consider the
Application and proposed SSA Credit Agreement shall be given at least fifteen (15) days prior to said
hearing by publication in a newspaper of general circulation in the County. A copy of such notice shall be
kept available for public inspection during regular business hours of the Office of Clerk to the BCC. The
notice of proposed hearing shall state the date, time and place of the meeting, the title of the proposed
resolution, and the place or places within the County where the proposed resolution and agreement may be
inspected by the public. The notice shall provide a general description and a map or sketch of the affected
land and shall advise that interested parties may appear at the meeting and be heard with respect to the
proposed resolution The BCC shall review the staff report and recommendations and, if it finds that all
requirements for designation have been met, shall, by resolution, approve the application. If it finds that one
or more of the requirements for designation have not been met, it shall either deny the application or approve
it with conditions mandating compliance with all unmet requirements. Approval of such resolution shall
require a majority vote by the BCC.
2. Legal Description. Following the Board's approval of the SSA Application and SSA Credit
Agreement, a legal description of the land designated SSA, the SSA credits granted, and the Stewardship
easement applicable to such lands, shall be provided to the Collier County Property Appraiser and the
applicant, and shall be recorded within thirty (30) days by the applicant in the public records.
3. Update the RLSA Overlay Map and Official Zoning Atlas. The Official Zoning Atlas shall be
updated to reflect the designation of the SSA. Sufficient information shall be included on the updated zoning
maps so as to direct interested parties to the appropriate public records associated with the designation,
including but not limited to Resolution number and SSA Designation Application number. The RLSA
Overlay Map shall be updated to reflect the SSA designation during a regular growth management cycle no
later that twelve months from the effective date of the SSA Agreement.
Page 21 of 66
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F. SSA Amendments. Collier County shall consider an amendment to an approved SSA in the same
manner described in this Section for the designation of an SSA. Amendment(s) to approved SSAs shall only
be considered if the application removes one or more additional Land Use Layers from the existing SSA.
Under no circumstances shall land use layers, once removed as part of an SSA designation, be added back to
the SSA. The application to amend the SSA may be submitted as part of an application to designate a new
SSA provided such lands are contiguous to the previously approved SSA and are under the same ownership.
2.2.27.10. SRA Designation. SRA designation is intended to encourage and facilitate uses that
enable economic prosperity and diversification of the economic base of the RLSA District, and encourage
development that utilizes creative land use planning techniques and facilitates a compact form of
development to accommodate population growth by the establishment of SRAs. Stewardship Credits
generated from SSAs are exchanged for additional residential or non-residential entitlements in an SRA on a
per acre basis as set forth herein. Density and intensity within the RLSA District shall not be increased
beyond the Baseline Standards except through the provisions of the Stewardship Credit System, the
Affordable Housing Density Bonus as referenced in the Density Rating System of the FLUE, and the density
and intensity blending provision of the Immokalee Area Master Plan. The procedures for the establishment
and transfer of Credits and SRA designation are set forth herein. Credits can be transferred only to lands
within the RLSA District that meet the defined suitability criteria and standards set forth herein. Land
becomes designated as an SRA on the date that the SRA Credit Agreement becomes effective pursuant to
Section 2.2.27.10.D. 11.c. Any change in the residential density or non-residential intensity of land use on a
parcel of land located within an SRA shall be specified in the resolution, which shall reflect the total number
of transferable Credits assigned to the parcel of land.
A. Lands Within the RLSA District that can be Designated as SRAs. All privately owned lands
within the RLSA District that meet the suitability criteria contained herein may be designated as SRA, except
lands delineated on the RLSA Overlay Map as FSA, HSA, or WRA, or lands already designated as an SSA.
WRAs may be located within the boundaries of an SRA and may be incorporated into an SRA Master Plan to
provide water management functions for properties within such SRA, sub_iect to all necessary permitting
requirements.
1. Suitability Criteria. The following suitability criteria are established to ensure consistency with the
Goals, Objectives, and Policies of the RLSA Overlay.
a. An SRA must contain sufficient suitable land to accommodate the planned development.
b. Residential, commercial, manufacturing/light industrial, group housing, and transient housing,
institutional, civic and community service uses within an SRA shall not be sited on lands that receive a
Natural Resource Index value of greater than 1.2.
c. Conditional use essential services and governmental essential services, with the exception of those
necessary to serve permitted uses and for public safety, shall not be sited on land that receives a Natural
Resource Index value of greater than 1.2, regardless of the size of the land or parcel.
d. Lands or parcels that are greater than one acre and have an Index Value greater than 1.2 shall be
retained as open space and maintained in a predominantly natural vegetated state.
e. Open space shall also comprise a minimum of thirty-five percent of the gross acreage of an individual
SRA Town, Village, or those CRDs exceeding 100 acres. Gross acreage includes only that area of
development within the SRA that requires the consumption of Stewardship Credits.
f. As an incentive to encourage open space, open space on lands within an SRA located outside of the
ACSC that exceeds the required thirty-five percent retained open space shall not be required to consume
Stewardship Credits.
g. An SRA may be contiguous to an FSA or HSA, but shall not encroach into such areas, and shall
buffer such areas as described in Section 2.2.27.10.J.6.d. An SRA may be contiguous to, or encompass a
WRA.
h. The SRA must have either direct access to a County collector or arterial road or indirect access via a
road provided by the developer that has adequate capacity to accommodate the proposed development in
accordance with accepted transportation planning standards.
2. SRAs Within the ACSC. SRAs are permitted within the ACSC subiect to limintations on the
number, size, location, and form of SRA described herein. Nothing within this Section shall be construed as
an exemption of an SRA from any and all limitations and regulations applicable to lands within the ACSC
Lands within the ACSC that meet all SRA suitability criteria shall also be restricted such that credits used to
entitle an SRA in the ACSC must be generated exclusively from SSAs within the ACSC. No early entry
bonus credits can be used to entitle an SRA within the ACSC.
Page 22 of 66
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a. The only forms of SRA allowed in the ACSC east of the Okaloacoochee Slough shall be
Hamlets and CRDs of 100 acres or less and the only forms of SRA allowed in the ACSC west of the
Okaloacoochee Slough shall be Villages and CRDs of not more than 300 acres and Hamlets. Provided,
however, two SRAs, consisting of any combination of Villages or CRDs of not more than 500 acres each,
exclusive of any lakes created prior to the effective date of this amendment as a result of mining operations,
shall be allowed in areas that have a frontage on State Road 29 and that, as of the effective date of the RLSA
Overlay, had been predominantly cleared as a result of Ag Group I (Layer 5) or Earth Mining or Processing
Uses (Layer 3).
b. The Town form of an SRA shall not be located within the ACSC.
B. Establishment and Transfer of Stewardship Credits. The procedures for the establishment and
transfer of Credits and SRA designation are set forth herein. Stewardship Credits will be exchanged for
additional residential or non-residential entitlements in an SRA on a per acre basis, as described in Section
2.2.2710.B.2. Stewardship density and intensity will thereafter differ from the Baseline Standards.
1. Transfer of Credits. The transfer or use of Stewardship Credits shall only be in a manner as
provided for herein.
a. Stewardship Credits generated from any SSA may be transferred to entitle any SRA, except
where the SRA is within the ACSC, in which case only Stewardship Credits that have been generated from
an SSA within the ACSC can be used to entitle such SRA. No early entry bonus credits can be used to
entitle an SRA within the ACSC.
b. Credits can be transferred only to lands within the RLSA that meet the defined suitability criteria and
standards set forth herein.
c. Stewardship Credits may be transferred between different parcels or within a single parcel, subject to
compliance with all applicable provisions of these policies. Residential clustering shall only occur within the
RLSA District through the use of the Stewardship Credit System, and other forms of residential clustering
shall not be permitted.
d. Stewardship Credits may be acquired from any credit holder and transferred to an SRA subject to the
limitations contained in this Section.
e. Stewardship Credits may be acquired from a Stewardship Credit Trust established pursuant to
Section 2.2.27.6, and transferred to an SRA subject to the limitations contained in this Section.
2. Stewardship Credit Exchange. Stewardship Credits shall be exchanged for additional residential or
non-residential entitlements in an SRA on a per acre basis at a rate of eight (8) Stewardship Credits per gross
acre. Lands within an SRA greater than one acre, with Index Values of greater than 1.2, shall be retained as
open space and maintained in a predominantly natural, vegetated state. Any such lands within an SRA
located outside of the ACSC exceeding the required thirty-five percent shall not be required to consume
Stewardship Credits.
3. Public Benefit Uses. The acreage within an SRA devoted to a public benefit use shall not be
required to consume Stewardship Credits and shall not count toward the maximum acreage limits of an SRA.
For the purpose of this Section, public benefit uses are limited to public schools (preK-12) and public or
private post secondary institutions; Post Secondary Institutuion Ancillary Uses; community parks exceeding
the minimum requirement of 200 square feet per dwelling unit; municipal golf courses; regional parks; and
governmental facilities excluding essential services as defined in the LDC.
4. Mixed Land Use Entitlements. In order to promote compact, mixed use development and provide
the necessary support facilities and services to residents of rural areas, the SRA designation and the transfer
of the Stewardship Credits allows for a full range of uses, accessory uses and associated uses that provide a
mix of services to and are supportive to the residential population of an SRA and the RLSA District. SRAs
are intended to be mixed use and shall be 'allowed the full range of uses permitted by the Urban Designation
of the FLUE, as modified by Policies 4.7, 4.7.1, 4.7.2, 4.7.3, 4.7.4 and RLSA Overlay Attachment C
Depending on the size, scale, and character of an SRA, it shall be designed to include an appropriate mix of
retail, office, recreational, civic, governmental, and institutional uses, in addition to residential uses.
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C. Forms of SRA Developments. SRA Developments are a compact form of development, whic[.
accommodate and promote uses that utilize creative land use planning techniques. SRAs shall be used to facilitat~
the implementation of innovative planning and flexible development strategies described in Chapter 163.3177 (11).
F.S. and 9J-5.006(5)(1), F.A.C. These planning strategies and techniques are intended to minimize the conversior
of rural and agricultural lands to other uses while discouraging urban sprawl; protect environmentally sensitiv~
areas; maintain the economic viability of agricultural and other predominantly rural land uses; and, provide for th~
cost-efficient delivery of public facilities and services. Only the following four specific forms of rural developmen.'
in SRAs are permitted within the RLSA District.
1. Towns. Towns are the largest and most diverse form of SRA, with a full range of housing types and
mix of uses. Towns have urban level services and infrastructure which support development that is compact,
mixed use, human scale, and provides a balance of land uses to reduce automobile trips and increase
livability. Towns shall be not less than 1,000 acres or more than 4,000 acres and are comprised of several
villages and/or neighborhoods that have individual identity and character. Towns shall have a mixed-use
town center that will serve as a focal point for community facilities and support services. Towns shall be
designed to encourage pedestrian and bicycle circulation by including an interconnected sidewalk and
pathway system serving all residential neighborhoods. Towns shall have at least one community park with a
minimum size of 200 square feet per dwelling unit in the Town. Towns shall also have parks or public green
spaces within neighborhoods. Towns shall include both community and neighborhood scaled retail and
office uses, in a ratio as provided in Section 2.2.27.10.J.1. Towns may also include those compatible
corporate office and light industrial uses as those permitted in the Business Park and Research and
Technology Park Subdistricts of the FLUE. Towns shall be the preferred location for the full range of
schools, and to the extent possible, schools and parks shall be located adjacent to each other to allow for the
sharing of recreational facilities. Towns shall not be located within the ACSC.
2. Villages. Villages are primarily residential communities with a diversity of housing types and mix of
uses appropriate to the scale and character of the particular village. Villages shall be not less than 100 acres
or more than 1,000 acres. Villages are comprised of residential neighborhoods and shall include a mixed-use
village center to serve as the focal point for the community's support services and facilities. Villages shall be
designed to encourage pedestrian and bicycle circulation by including an interconnected sidewalk and
pathway system serving all residential neighborhoods. Villages shall have parks or public green spaces
within neighborhoods. Villages shall include neighborhood scaled retail and office uses, in a ratio as
provided in Section 2.2.27.10.J.1. Villages are an appropriate location for a full range of schools. To the
extent possible, schools and parks shall be located adiacent to each other to allow for the sharing of
recreational facilities.
The Village form of rural land development is permitted within the ACSC subject to the limitations of
Section 2.2.27.10.A.2.
3. Hamlets. Hamlets are small rural residential areas with primarily single-family housing and limited
range of convenience-oriented services. Hamlets shall be not less than 40 or more than 100 acres. Hamlets
will serve as a more compact alternative to traditional five-acre lot rural subsections currently allowed in the
Baseline Standards. Hamlets shall have a public green space for neighborhoods. Hamlets include
convenience retail uses, in a ratio as provided in Section 2.2.27.10.J.1. Hamlets may be an appropriate
location for pre-K through elementary schools. The Hamlet form of rural land development is permitted
within the ACSC subject to the limitations of Section 2.2.27.10.A.2.
4. Compact Rural Developments (CRDs). Compact Rural Development (CRD) is a form of SRA that
will provide flexibility with respect to the mix of uses and design standards, but shall otherwise comply with
the standards of a Hamlet or Village. A CRD may include, but is not required to have permanent residential
housing and the services and facilities that support permanent residents. Except as described above, a CRD
will conform to the characteristics of a Village or Hamlet as set forth in Section 2.2.27.10.J. 1. based on the
size of the CRD. As residential units are not a required use, those goods and services that support residents
such as retail, office, civic, governmental and institutional uses shall also not be required. However for any
CRD that does include permanent residential housing, the proportionate support services listed above shall be
provided in accordance with the standards for the most comparable form of SRA as described in Section
2.2.27.10.C.2. or 3.
a. Size of CRDs limited. There shall be no more than 5 CRDs of more than 100 acres in size.
b. CRDs within the ACSC. The CRD form of rural land development is permitted within the ACSC
subject to the limitations of Section 2.2.27.10.A.2.
5. Proportion of Hamlets and CRDs to Villages and Towns. In order to maintain the correct
proportion of Hamlets and CRDs of 100 acres or less to the number of Villages and Towns approved as
SRAs, not more than five (5) of any combination of Hamlets and CRDs of 100 acres of less may be approved
prior to the approval of a Village or Town. In order to maintain that same proportion thereafter, not more
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than five (5) of any combination of Hamlets and CRDs of 100 acres of less may approved for each
subsequent Village or Town approved.
6. SRAs as Part of a Development of Regional Impact (DRI). SRAs are permitted as part of a DRI
subject to the provisions of Section 380.06, F.S. and the RLSA District Regulations.
a. An SRA Designation Application may be submitted simultaneously with a Preliminary
Development Agreement application that occurs prior to a DRI Application for Development Approval
(ADA). In such an application, the form of SRA Development shall be determined by the characteristics of
the DRI project, as described in the PDA.
b. The DRI may encompass more than a single SRA Designation Application. It is the intent of
this Section to allow for the future designations of SRAs within a DRI as demonstrated by the DRI phasing
schedule.
c. A DRI applicant is required to demonstrate that:
The applicant has the necessary Stewardship Credits to entitle the DRI as part of subsequent SRA
Designation Applications, or;
The applicant owns or has a contract with an owner of enough land that would qualify as SRAs to entitle the
DRI as part of subsequent SRA Designation Applications, or has the ability to obtain the necessary
Stewardship Credits to entitle the entire DRI as part of subsequent SRA Designation Applications.
D. SRA Designation Application Package. A Designation Application Package to support a request to
designate land(s) within the RLSA District as an SRA shall be made pursuant to the regulations of the RLSA
District Regulations. The SRA Application Package shall include the follow:
1. SRA Designation Application. An application shall be submitted by a landowner or his/her agent,
hereafter "applicant," to request the designation of an SRA within the RLSA District. The Application shall
be submitted to the Administrator or his designee, on a form provided. The application shall be accompanied
by the documentation as required by this Section.
2. Application Fee. An application fee shall accompany the application.
3. Natural Resource Index Assessment. An assessment that documents the Natural Resource Index
Value scores shall be prepared and submitted as part of the SRA Application. The Assessment shall include
an analysis that quantifies the number of acres by Index Values. The Assessment shall:
a. Identify all lands within the proposed SRA that have an Index Value greater than 1.2;
b. Verify that the Index Value scores assigned during the RLSA Study are still valid through recent aerial
photography or satellite imagery or agency-approved mapping, or other documentation, as verified by field
inspections.
c. If the Index Value scores assigned during the RLSA Study are no longer valid, the Applicant shall
document the current Index Value of the land.
d. Quantify the acreage of agricultural lands, by type, being converted;
e. Quantify the acreage of non-agricultural acreage, by type, being converted;
f. Quantify the acreage of all lands by type within the proposed SRA that have an Index Value greater than
1.2;
g. Quantify the acreage of all lands, by type, being designated as SRA within the ACSC, if any; and
h. Demonstrate compliance with the Suitability Criteria contained in Section 2.2.27.10.A. 1.
4. Natural Resource Index Assessment Support Documentation. Documentation to support the
Natural Resource Index Assessment shall be provided for each SRA being designated to include:
a. Legal Description, including sketch or survey;
b. Acreage calculations of lands being put into the SRA, including acreage calculations of WRAs (if any)
within SRA boundary but not included in SRA designation;
c. RLSA Overlay Map delineating the area of the RLSA District being designated as an SRA;
d. Aerial photograph delineating the area being designated as an SRA;
e. Natural Resource Index Map of area being designated as an SRA;
f. FLUCCS map(s) delineating the area being designated as an SRA;
g. Listed species map(s) delineating the area being designated as an SRA;
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h. Soils map(s) delineating the area being designated as an SRA, and;
i. Documentation to support a change in the related Natural Resource Index Value(s), if appropriate.
5. SRA Master Plan. A Master Plan shall be prepared and submitted by the applicant as part of the
SRA Application for Designation of an SRA. The SRA Master Plan shall be consistent with the
requirements of Section 2.2.27.10.G.
6. SRA Development Document. A Development Document shall be prepared and submitted by the
applicant as part of the SRA Application for Designation of an SRA. The SRA Development Document
shall be consistent with the requirements of Section 2.2.710.H.
SRA Public Facilities Impact Assessment Report. An Impact Assessment Report shall be prepared and
submitted by the applicant as part of the SRA Application for Designation a of SRA. The SRA Impact
Assessment Report shall address the requirements of Section 2.2.27.10.K.
8. SRA Economic Assessment Report. An Economic Assessment Report shall be prepared and
submitted by the applicant as part of the SRA Application for Designation of an SRA. The SRA Economic
Assessment Report shall address the requirements of Section 2.2.2710.L.
9. Stewardship Credit Use and Reconciliation Application. A Credit Use and Reconciliation
Application shall be submitted as part of an SRA Designation Application in order to track the transfer of
credits from SSA(s) to SRA(s). The Stewardship Credit Use and Reconciliation Application shall be in a
form provided by the Administrator, or his designee. The application package shall contain the following:
a. The legal description of, or descriptive reference to, the SRA to which the Stewardship Credits are being
transferredk
b. Total number of acres within the proposed SRA and the total number of acres of the proposed SRA
within the ACSC (if any);
c. Number of acres within the SRA designated "public use" that do not require the redemption of
Stewardship Credits in order to be entitled (does not consume credits);
d. Number of acres of "excess" open spaces within the SRA that do not require the consumption of credits;
e. Number of acres of WRAs inside the SRA boundary but not included in the SRA designation;
f. Number of acres within the SRA that consume Credits;
g. The number of Stewardship Credits being transferred (consumed by) to the SRA and documentation that
the applicant has acquired or has a contractual right to acquire those Stewardship Credits;
h. Number of acres to which credits are to be transferred (consumed) multiplied by 8 Credits / acre equals
the number of Credits to be transferred (consumed);
i. A descriptive reference to one or more approved or pending SSA Designation Applications from which
the Stewardship Credits are being obtained. Copies of the reference documents, e.g., SSA Stewardship
Credit Agreement, etc., shall be provided, including:
(1) SSA application number;
(2) Pending companion SRA application number;
(3) SSA Designation Resolution (or Resolution Number);
(4) SSA Credit Agreement (Stewardship Agreement);
(5) Stewardship Credits Database Report.
j. A descriptive reference to any previously approved Stewardship Credit Use and Reconciliation
Applications that pertain to the referenced SSA(s) from which the Stewardship Credits are being obtained;
and
k. A summary table in a form provided by Collier County that identifies the exchange of all Stewardship
Credits that involve the SRA and all of the associated SSAs from which the Stewardship Credits are being
obtained.
10.Conditional SRA Designation. If at the time of the approval of the SRA Designation Application the
applicant has not acquired the number of credits needed to entitle the SRA, then the SRA Designation
approval shall be conditional. The applicant shall have 60 days from the date of the conditional approval to
provide documentation of the acquisition of the required number of Stewardship Credits. If the applicant
docs not provide such documentation within 60 days, the conditional SRA Designation approval shall be null
and void. The Stewardship Credit Use and Reconciliation Application shall be amended to accurately reflect
the transfer of credits that occurred following the conditional approval of the SRA.
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ll. SRA Credit Agreement.
a. Any applicant for designation of an SRA shall enter into an SRA Credit Agreement with the County.
b. The SRA Credit Agreement shall contain the following information:
(1) The number of SSA credits the applicant for an SRA designation is utilizing and which shall be applied to
the SRA land in order to carry out the plan of development on the acreage proposed in the SRA Development
Documents.
(2) A legal description of the SRA land and the number of acres;
(3) The SRA master plan depicting the land uses and identifying the number of residential dwelling units,
gross leaseable area of retail and office square footage and other land uses depicted on the master plan;
(4) A description of the SSA credits that are needed to entitle the SRA land and the anticipated source of said
credits;
(5) The applicant's acknowledgement that development of SRA land may not commence until the applicant
has recorded a SRA Credit Agreement Memorandum with the Collier County Clerk of Courts; and
(6) The applicant's commitments, if any, regarding conservation, or any other restriction on development on
any lands, including wetlands, within the SRA, as may be depicted on the SRA Master Plan for special
treatment.
c. The SRA Credit Agreement shall be effective on the latest of the following dates:
(1) the date that the County approves the SRA Application;
(2) the date that documentation of the applicant's acquisition of the Stewardship Credits to be utilized for the
SRA is found by the County to be sufficient; or
(3) five (5) working days after the date on which the applicant submits documentation of the acquisition of
the Stewardship Credits to be utilized, if the County fails to make a sufficiency determination prior to that
date.
d. Following approval of the SRA Application, the applicant shall record a SRA Credit Agreement
Memorandum, which shall include the following:
(1) A cross reference to the recorded SSA Credit Agreement Memorandum or Memoranda for the
SSA lands from which the credits being utilized are generated and identification of the number of credits
derived from each SSA; and
(2) a legal description of the SRA lands.
e. If the development provided for within an SRA constitutes, or will constitute, a development of
regional impact CDRI") pursuant to Sections 380.06 and 380.0651, F.S., and if the applicant has obtained a
preliminary development agreement CPDA") from the Florida Department of Community Affairs for a
portion of the SRA land, the applicant may request the County to enter into a Preliminary SRA Credit
Agreement for those Stewardship Credits needed in order to develop the PDA authorized development.
Commencement of the PDA authorized development may not proceed until the applicant has recorded a
Preliminary SRA Credit Agreement Memorandum. The Preliminary SRA Credit Agreement and
Preliminary SRA Credit Agreement shall include the same information and documentation as is required for
an SRA Credit Agreement and an SRA Credit Agreement Memorandum.
E. SRA Application Review Process
1. Pre-Application Conference with County Staff: Prior to the submission of a formal application for
SRA designation, the applicant shall attend a pre-application conference with the Administrator or his
designee and other county staff, agencies, and officials involved in the review and processing of such
applications and related materials. If an SRA designation application will be filed concurrent with an SSA
application, only one pre-application conference shall be required. This pre-application conference should
address, but not be limited to, such matters as:
a. Conformity of the proposed SRA with the goals, objectives, and policies of the growth
management plan;
b. Consideration of suitability criteria described in Section 2.2.27.10.A. 1. and other standards of this
Section;
c. SRA master plan compliance with all applicable policies of the RLSA District Regulations, and
demonstration that incompatible land uses are directed away from FSAs, HSAs, WRAs, and Conservation
Lands_2
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d. Assurance that applicant has acquired or will acquire sufficient stewardship credits to implement
the SRA uses, and;
e. Consideration of impacts, including environmental and public infrastructure impacts.
2. Application Package Submittal and Processing Fees. The required number of SRA Applications
and the associated processing fee shall be submitted to the Administrator or his designee. The contents of
said application package shall be in accordance with Section 2.2.27.10.D.
3. Application Deemed Sufficient for Review. Within thirty (30) days of receipt of the SRA
Application, the Administrator or his designee shall notify the applicant in writing that the application is
deemed sufficient for agency review or advise what additional information is needed to find the application
sufficient. If required, the applicant shall submit additional information. Within twenty (20) days of receipt
of the additional information, the Administrator or his designee shall notify the applicant in writing that the
application is deemed sufficient, or, what additional or revised information is required. If necessary, the
Administrator shall again inform the applicant in writing of information needed, and the timeframe outlined
herein shall occur until the application is found sufficient for review.
4. Review by County Reviewing Agencies: Once the SRA application is deemed sufficient, the
Administrator or his designee will distribute it to specific County review staff.
5. Staff Review. Within sixty (60) days of receipt of a sufficient application, county staff shall review
the submittal documents and provide comments, questions, and clarification items to the applicant. If
deemed necessary by county staff or the applicant, a meeting shall be held to address outstanding issues and
confirm public hearing dates.
6. Staff Report. Within ninety (90) days from the receipt of a sufficient application, county staff shall
prepare a written report containing their review findings and a recommendation of approval, approval with
conditions or denial. This timeframe may be extended upon agreement of county staff and the applicant.
F. S1L~ Application Approval Process.
1. Public Hearings Required. The BCC shall review the staff report and recommendations and the
recommendations of the EAC and CCPC, and the BCC shall, by resolution, approve, deny, or approve with
conditions the SRA Application only after advertised public notices have been provided and public hearings
held in accordance with the following provisions:
a. Public Hearing Before the EAC~ Recommendation to the BCC. The EAC shall hold one public
hearing on a proposed resolution to designate an SRA if such SRA is within the ACSC, or is adjoining land
designated as Conservation, FSA, or HSA.
b. Public Hearing Before the CCPC, Recommendation to BCC. The CCPC shall hold one advertised
public hearing on the proposed resolution to designate an SRA. A notice of the public hearing before the
CCPC on the proposed resolution shall include a general description and a map or sketch and shall be
published in a newspaper of general circulation in the County at least ten (10) days in advance of the public
hearing.
c. Public Hearing Before the BCC~ Resolution Approved. The BCC shall hold one advertised
public hearing on the proposed resolution to designate an SRA. A public notice, which shall include a
general description and a map or sketch, shall be given to the citizens of Collier County by publication in a
newspaper of general circulation in the County at least ten days prior to the hearing of the BCC. The
advertised public notice of the proposed adoption of the resolution shall, in addition, contain the date, time
and place of the hearing, the title of the proposed resolution and the place within the County where such
proposed resolution may be inspected by the public. The notice shall also advise that interested parties may
appear at the hearing and be heard with respect to the proposed resolution.
2. Update Stewardship Credits Database. Following the effective date of the approval of the SRA,
the County shall update the Stewardship Credits Database used to track both SSA credits generated and SRA
credits consumed.
3. Update the Official Zoning Atlas and the RLSA Overlay Map. Following the effective date of the
approval of the SRA, the County shall update the Official Zoning Atlas to reflect the designation of the SRA.
Sufficient information shall be included on the updated maps so as to direct interested parties to the
appropriate public records associated with the designation, e.g., Resolution number, SRA Designation
Application number, etc. The RLSA Overlay Map shall be updated to reflect the SRA designation during a
regular growth management plan amendment cycle, no later than twelve months from the effective date of
the SRA Credit Agreement.
4.SRA Amendments. Amendments to the SRA shall be considered in the same manner as described in this
Section for the establishment of an SRA, except as follows.
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a. Waiver of Required SRA Application Package Component(s). A waiver may be granted by the
Administrator or his designee, if at the time of the pre-application conference, in the determination of the
Administrator, the original SRA Designation Application component(s) is (are) not materially altered by the
amendment or an updated component is not needed to evaluate the amendment. The Administrator shall
determine what application components and associated documentation are required in order to adequately
evaluate the amendment request.
b. Approval of Minor Changes by Administrator. Administrator shall be authorized to approve minor
changes and refinements to an SRA Master Plan or Development Document upon written request of the
applicant. Minor changes and refinements shall be reviewed by appropriate Collier County Staff to ensure that
said changes and refinements are otherwise in compliance with all applicable County ordinances and regulations
prior to the Administrator's consideration for approval. The following limitations shall apply to such requests:
(1) The minor change or refinement shall be consistent with the RLSA Overlay, the RLSA District
Regulations, and the SRA Development Document's amendment provisions.
(2) The minor change or refinement shall be compatible with contiguous land uses and shall not create
detrimental impacts to abutting land uses, water management facilities, and conservation areas within or external
to the SRA.
(3) Minor changes or refinements, include but are not limited to:
(a) Reconfiguration of lakes, ponds, canals, or other water management facilities where such
changes are consistent with the criteria of the SFWMD and Collier County;
(b) Internal realignment of rights-of-way, other than a relocation of access points to the SRA itself,
where water management facilities, preservation areas, or required easements are not adversely affected; and
(c) Reconfiguration of parcels when there is no encroachment into the conservation areas or lands
with an Index Value of 1.2 or higher,
c. Relationship to Subdivision or Site Development Approval. Approval by the Administrator
of a minor change or refinement may occur independently from, and prior to, any application for Subdivision or
Site Development Plan approval. However, such approval shall not constitute an authorization for development
or implementation of the minor change or refinement without first obtaining all other necessary County permits
and approvals.
G. Master Plan. To address the specifics of each SRA, a master plan of each SRA will be prepared and
submitted to Collier County as a part of the petition for designation as an SRA. The master plan will
demonstrate that the SRA complies with all applicable Growth Management Plan policies and the RLSA
District and is designed so that incompatible land uses are directed away from lands identified as FSAs,
HSAs, WRAs, and Conservation Lands on the RLSA Overlay Map.
1. Master Plan Requirements. A master plan shall accompany an SRA Designation Application to
address the specifics of each SRA. The master plan shall demonstrate that the SRA is designed so that
incompatible land uses are directed away from lands identified as FSAs, HSAs, WRAs and Conservation
Lands on the RSLA Overlay Map. The plan shall be designed by an urban planner who possesses an AICP
certification, together with at least one of the following:
a. a professional engineer (P.E.) with expertise in the area of civil engineering licensed by the State of
Florida;
b. a qualified environmental consultant per Section 3.8 of the LDC; or
c. a practicing architect licensed by the State of Florida.
2. Master Plan Content. At a minimum, the master plan shall include the following elements:
a. The title of the project and name of the developer;
b. Scale, date, north arrow;
c. Location map that identifies the relationship of the SRA to the entire RLSA District, including
other designated SRAs;
d. Boundaries of the subject property, all existing roadways within and adjacent to the site,
watercourses, easements, section lines, and other important physical features within and adjoining the
proposed development;
e. Identification of all proposed tracts or increments within the SRA such as, but not limited to:
residential, commercial, industrial, institutional, conservation/ preservation, lakes and/or other water
management facilities, the location and function of all areas proposed for dedication or to be reserved for
Page 29 of 66
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community and/or public use, and areas proposed for recreational uses including golf courses and related
facilities;
f. Identification, location and quantification of all wetland preservation, buffer areas, and open
space areas;
g. The location and size (as appropriate) of all proposed drainage, water, sewer, and other utility
provisions;
h. The location of all proposed major internal rights of way and pedestrian access ways;
i. Typical cross sections for all arterial, collector, and local streets, public or private, within the
proposed SRA;
j. Identification of any WRAs that are contiguous to or incorporated within the boundaries of the
SRA; and
k. Documentation or attestation of professional credentials of individuals preparing the master plan.
H. Development Document. Data supporting the SRA Master Plan, and describing the SRA
application, shall be in the form of a Development Document that shall consist of the information listed
below, unless determined at the required pre-application conference to be unnecessary to describe the
development strategy.
1. The document shall be prepared by an urban planner who possesses an AICP certification, together
with at least one of the following:
a. a professional engineer (P.E.) with expertise in the area of civil engineering licensed by the State of
Florida;
b. a qualified environmental consultant per Section 3.8 of the LDC; or
c. a practicing architect licensed by the State of Florida.
2. The document shall identify, locate and quantify the full range of uses, including accessory uses that
provide the mix of services to. and are supportive of, the residential population of an SRA or the RSLA
District, and shall include, as applicable, the following:
a. Title page to include name of project;
b. Index/table of contents;
c. List of exhibits;
d. Statement of compliance with the RSLA Overlay and the RLSA District Regulations;
e. General location map showing the location of the site within the boundaries of the RLSA Overlay
Map and in relation to other designated SRAs and such external facilities as highways;
f. Property ownership and general description of site (including statement of unified ownership);
g. Description of project development;
h. Legal description of the SRA boundary, and for any WRAs encompassed by the SRA;
i. The overall acreage of the SRA that requires the consumption of Stewardship Credits and proposed
gross density for the SRA;
j. Identification of all proposed land uses within each tract or increment describing: acreage; proposed
number of dwelling units; proposed density and percentage of the total development represented by each type
of use; or in the case of commercial, industrial, institutional or office, the acreage and maximum gross
leasable floor area within the individual tracts or increments~
k. Design standards for each type of land use proposed within the SRA. Design standards shall be
consistent with the Design Criteria contained in Section 2.2.27.10.J.;
1. All proposed variations or deviations from the requirements of the LDC, including justification and
alternatives proposed;
m. The proposed schedule of development, and the sequence of phasing or incremental development
within the SRA, if applicable;
n. A Natural Resource Index Assessment as required in Section 2.2.27.9.C.3.;
o. The location and nature of all existing or proposed public facilities (or sites), such as schools, parks,
fire stations and the like;
p. A plan for the provision of all needed utilities to and within the SRA; including (as appropriate) water
supply, sanitary sewer collection and treatment system, stormwater collection and management system,
pursuant to related county regulations and ordinances;
Page 30 of 66
Words struck ~.rcugh are deleted, words underlined are added
q. Typical cross sections for all arterial, collector, and local streets, public or private, within the
proposed SRA;
r. Agreements, provisions, or covenants, which govern the use, maintenance, and continued protection
of the SRA and any of its common areas or facilities;
s. Development commitments for all infrastructure;
t. When determined necessary to adequately assess the compatibility of proposed uses within the SRA
to existing land uses, their relationship to agriculture uses, open space, recreation facilities, or to assess
requests for deviations from the Design Criteria standards, the Administrator or his designee may request
schematic architectural drawings (floor plans, elevations, perspectives) for all proposed structures and
improvements, as appropriate;
u. Development Document amendment provisions; and,
v. Documentation or attestation of professional credentials of individuals preparing the development
document.
I. DRI Master Plan. If applicable, the DRI master plan shall be included as part of the SRA
Designation Application. The DRI master plan shall identify the location of the SRA being designated, and
any previously designated SRAs within the DRI.
J. Design Criteria. Criteria are hereby established to guide the design and development of SRAs to
include innovative planning and development strategies as set forth in Chapter 163.3177 (11), F.S. and 0J-
5.006(5)(1). The size and base density of each form of SRA shall be consistent with the standards set forth
below. The maximum base residential density as specified herein for each form of SRA may only be
exceeded through the density blending process as set forth in density and intensity blending provision of the
Immokalee Area Master Plan or through the affordable housing density bonus as referenced in the Density
Rating System of the FLUE. The base residential density is calculated by dividing the total number of
residential units in an SRA by the acreage therein that is entitled through Stewardship Credits. The base
residential density does not restrict net residential density of parcels within an SRA. The location, size and
density of each SRA will be determined on an individual basis, subject to the regulations below, during the
SRA designation review and approval process.
1. SRA Characteristics. Characteristics for SRAs designated within the RLSA District have been
established in the Goals Objectives and Policies of the RLSA Overlay. All SRAs designated pursuant to this
Section shall be consistent with the characteristics identified on the Collier County RLSA Overlay SRA
Characteristics Chart, the following design criteria and those set forth in 2. through 6. below:
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Stewardship Receiving Area Characteristics
T~plcal Charucteriatlca Town' Villa~a Hamlet Compact Rural Development
Size (Gross Acres) 1,000-4,000 acres 100-1,000 acres** 40-100 acres" 100 Acres or lass** Greater Than 100 Acres"
Residenlial Units (DUs) per gross 1-4 OUs per gross acrs'" 1-4 OUs per gross acre'" 1/2 -2 DU per gross acre*** 112 -2 DU per gross acre'*' 1-4 DUs per gross acre'*'
acre base densitv
Full range of single family and Diversity of single family and mull
Residential Housing Styles multi-family housing types, styles, family housing types, styles, Iol Single Family '~" ;* '~ .i ~=i ~ c i ,~; ~ ,~ tt ~ ~ ~ n . i ,~ ,
Retail & Ollice - .5 Relail & Office - .5 Retail & Otl~e - .5 ~+~il ~ Of~ _ .5 ~,.~l Z O~;ce * .5
intensity .45 ....
Town Center with Community ant
Neighborhood Goods and Village Center wi~ Neighborhooc Convenience Go~s and Convenience Goods and Village Center with Ne~hborhood
Se~ices in Town and Village Goods and Services in Village Services: Minimum 10 SF gross Serv~es: Minimum 10 SF gross G~ds and Serv~es in Village
3gods and Services Centers: Minimum ~5 SF gross Centers: Minimum 25 SF gross building area per DU building area per DU Centers: Minimum 25 SF gross
building area per DU; CO~~,~ building area per DU building area per DU
Individual Well and Septic Indiv~ual Well and Sept~
Cenlralized or decentralized Centralized or decentralized System: Centralized q. System; Cen~r~li'eH er Centralized or decentralized
Parks & Public Green Spaces w/n Public Green Space lor Public Green Space for Parks & Public Green Spaces w/n
Communi~ Parks (200 SF/DU) Neighborhoods (minimum 1% gl Neighborhoods (minimum 1% of Neighborhoods (minimum 1% of Neighborhoods (minimum 1%
gross acres) ~ro~ acres) gross acres) gross acres)
Neiqhborhoods
Recreation and Open Spaces Lakes Lakes
Open Space Minimum 35% of Open Space Minimum 35% gl
Lakes
Open Space Minimum 35% of
SRA
Civ., Governmental and mimmum 15 SF/DU minimum 10 SFIDU;
Interconn~ted sidewalk and Interconnected sidewalk and Pedestrian Pathways Pedestrian Pathways Interconnected sidewalk and
pathway syslem pathway syslem pathway system
· - Towns are prohibited within the ACSC, per policy 4.7.1 of the Goals, Objectives, and Policies.
· ' - Vidaqes, Hamlets. and Compacl Rural Developments within the ACSC are subiect to location and size limitations, per policy 4.20, and are sublect to Chapter 28-25, FAC.
· " - Density can be increased beyond the base density through the Affordable Housing Density Bonus or through the density blending provision, per policy 4.7..
.... - Those CRDs that include single or multi-/emily residential uses shall include proportionate support services.
· l~,~,lm~ uses are not required uses.
2. Town Design Criteria. [Reserved/
3. Village Design Criteria. [Reserved/
4. Hamlet Design Criteria. [Reserved[
5. CRD Design Criteria. [Reserved]
6. Design Criteria Common to SRAs.
a. Parcels of one (1) acre or more, with a Natural Resource Index rating greater than 1.2, must be preserved
as open space and maintained in a predominantly naturally vegetated state.
b. A minimum of 35% of the SRA land designated as Town or Village shall be kept in open space.
c. SRA design shall demonstrate that ground water table draw down or diversion will not adversely impact
the hydroperiods of adjacent FSA, HSA, WRA or Conservation Land and will not adversely affect the water
use rights of either adjacent developments or adjacent agricultural operations and will comply with the
SFWMD Basis of Review. Detention and control elevations shall be established to protect natural areas and
be consistent with surrounding land and project control elevations and water tables.
d. Where an SRA adjoins an FSAI HSA, WRA or existing public or private conservation land delineated on
the RLSA Overlay Map, best management and planning practices shall be applied to minimize adverse
impacts to such lands. Best management practices shall include the following:
(1) The perimeter of each SRA shall be designed to provide a transition from higher density and intensity
uses within the SRA to lower density and intensity uses on adjoining property. The edges of SRAs shall be
well defined and designed to be compatible with the character of adjoining property. Techniques such as, but
not limited to setbacks, landscape buffers, and recreation/open space placement may be used for this purpose.
(2) Open space within or contiguous to an SRA shall be used to provide a buffer between the SRA and any
adjoining FSA, HSA, or existing public or private conservation land delineated on the RLSA Overlay Map
Open space contiguous to or within 300 feet of the boundary of an FSA, HSA, or existing public or private
conservation land may include: natural preserves, lakes, golf courses provided no fairways or other turf areas
are allowed within the first 200 feet, passive recreational areas and parks, required yard and set-back areas,
and other natural or man-made open space. Along the west boundary of the FSAs and HSAs that comprise
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Camp Keais Strand, i.e., the area south of Immokalee Road, this open space buffer shall be 500 feet wide and
shall preclude golf course fairways and other turf areas within the first 300 feet.
e. Where a WRA is incorporated into the stormwater system of an SRA, the provisions of Section
2.2.27.9.A.4.b. apply.
f. Where existing agricultural activity adjoins an SRA, the design of the SRA must take this activity into
account to allow for the continuation of the agricultural activity and to minimize any conflict between
agriculture and SRA uses.
7. Infrastructure Required. AN SRA shall have adequate infrastructure available to serve the
proposed development, or such infrastructure must be provided concurrently with the demand as identified in
Division 3.15 of the LDC. The level of infrastructure required will depend on the type of development,
accepted civil engineering practices, and the requirements of this Section.
a. The capacity of infrastructure serving the SRA must be demonstrated during the SRA designation process
in accordance with the provisions in Division 3.15 of the LDC in effect at the time of SRA designation.
b. Infrastructure to be analyzed will include facilities for transportation, potable water, wastewater, irrigation
water, stormwater management, and solid waste.
c. Centralized or decentralized community water and wastewater utilities are required in Towns, Villages,
and those CRDs exceeding 100 acres in size. Centralized or decentralized community water and wastewater
utilities shall be constructed, owned, operated and maintained by a private utility service, the developer, a
Community Development District, other special districts the Immokalee Water Sewer Service District,
Collier County Water and Sewer District, or other governmental entity. This Section shall not prohibit
innovative alternative water and wastewater treatment systems such as decentralized community treatment
systems provided that they meet all applicable regulatory criteria.
d. Individual potable water supply wells and septic systems, limited to a maximum of 100 acres of any
Town, Village or CRD are permitted on an interim basis until services from a centralized/decentralized
community system are available.
e. Individual potable water supply wells and septic systems are permitted in Hamlets and may be permitted
in CRDs of 100 acres or less in size.
8. Requests for Deviations from the LDC. The SRA Development Document may provide for
nonprocedural deviations from the LDC, provided that all of the following are satisfied:
a. The deviations are consistent with the RLSA Overlay;
b. The deviations further the RLSA District Regulations and are consistent with those specific Design
Criteria from which Section 2.2.27.10.J.2. through 5 expressly prohibit deviation; and
c. It can be demonstrated that the proposed deviation(s) further enhance the tools, techniques and
strategies based on principles of innovative planning and development strategies, as set forth in Chapter
163.3177 (11), F.S. and 9J-5.006(5)(L).
K. SRA Public Facilities Impact Assessments. Impact assessments are intended to identify methods to
be utilized to meet the SRA generated impacts on public facilities and to evaluate the self-sufficiency of the
proposed SRA with respect to these public facilities. Information provided within these assessments may also
indicate the degree to which the SRA is consistent with the fiscal neutrality requirements of Section
2.2.2710.L. Impact assessments shall be prepared in the following infrastructure areas:
1. Transportation. A transportation impact assessment meeting the requirements of Section 2.7.3 of
the LDC, or its successor regulation or procedure, shall be prepared by the applicant as component of an
hnpact Assessment Report that is submitted as part of an SRA Designation Application package.
a. In addition to the standard requirements of the analyses required above, the transportation impact
assessment shall specifically consider, to the extent applicable, the following issues related to the highway
network:
(1) Impacts to the level of service of impacted roadways and intersections, comparing the proposed SRA
to the impacts of conventional Baseline Standard development;
(2) Effect(s) of new roadway facilities planned as part of the SRA Master Plan on the surrounding
transportation system; and
(3) Impacts to agri-transport issues, especially the farm-to-market movement of agricultural products.
b. The transportation impact assessment, in addition to considering the impacts on the highway system,
shall also consider public transportation (transit) and bicycle and pedestrian issues to the extent applicable.
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c. No SRA shall be approved unless the transportation impact assessment required by this Section has
demonstrated through data and analysis that the capacity of County/State collector or arterial road(s) serving
the SRA to be adequate to serve the intended SRA uses in accordance with Division 3.15 of the LDC in
effect at the time of SRA designation.
2. Potable Water. A potable water assessment shall be prepared by the applicant as a component of an
Impact Assessment Report that is submitted as part of an SRA Designation Application package. The
assessment shall illustrate how the applicant will conform to either FAC Chapter 64E-6, for private and
limited use water systems, or FAC Chapter 62-555 for Public Water Systems. In addition to the standard
requirements of the analyses required above, the potable water assessment shall specifically consider, to the
extent applicable, the disposal of waste products, if any, generated by the proposed treatment process. The
applicant shall identify the sources of water proposed for potable water supply.
3. Irrigation Water. An irrigation water assessment shall be prepared by the applicant as a component
of an Impact Assessment Report that is submitted as part of an SRA Designation Application package. The
assessment shall quantify the anticipated irrigation water usage expected at the buildout of the SRA. The
assessment shall identify the sources of water proposed for irrigation use and shall identify proposed methods
of water conservation.
4. Wastewater. A wastewater assessment shall be prepared by the applicant as a component of an
Impact Assessment Report that is submitted as part of an SRA Designation Application package. The
assessment shall illustrate how the applicant will conform to either Standards for Onsite Sewage Treatment
and Disposal Systems, contained in State of Florida in Chapter 64E6, F.A.C. for systems having a capacity
not exceeding 10,000 gallons per day or Chapter 62-600, F.A.C. for wastewater treatment systems having a
capacity greater than 10,000 gallons per day. In addition to the standard requirements of the analyses
required above, the wastewater assessment shall specifically consider, to the extent applicable, the disposal
of waste products generated by the proposed treatment process.
5. Solid Waste. A solid waste assessment shall be prepared by the applicant as a component of an
Impact Assessment Report that is submitted as part of an SRA Designation Application package. The
assessment shall identify the means and methods for handling, transporting and disposal of all solid waste
generated including but not limited to the collection, handling and disposal of recyclables and horticultural
waste products. The applicant shall identify the location and remaining disposal capacity available at the
disposal site.
6. Stormwater Management. A stormwater management impact assessment shall be prepared by the
applicant as a component of an Impact Assessment Report that is submitted as a part of an SRA Designation
Application Package. The stormwater management impact assessment shall, at a minimum, provide the
following information:
a. An exhibit showing the boundary of the proposed SRA including the following information:
(1) The location of any WRA delineated within the SRA;
(2) A generalized representation of the existing stormwater flow patterns across the site including the
location(s) of discharge from the site to the downstream receiving waters;
(3) The land uses of adjoining properties and, if applicable, the locations of stormwater discharge into the
site of the proposed SRA from the adjoining properties.
b. A narrative component to the report including the following information:
(1) The name of the receiving water or, if applicable, FSA or WRA to which the stormwater discharge from
the site will ultimately outfall;
(2) The peak allowable discharge rate (in cfs / acre) allowed for the SRA per Collier County Ordinance 90-
10 or its successor regulation;
(3) If applicable, a description of the provisions to be made to accept stormwater flows from surrounding
properties into, around, or through the constructed surface water management system of the proposed
development;
The types of stormwater detention areas to be constructed as part of the surface water management system of
the proposed development and water quality treatment to be provided prior to discharge of the runoff from
the site; and
If a WRA has been incorporated into the stormwater management system of an SRA, the report shall
demonstrate compliance with provisions of Section 2.2.27.9.A.4.b.
L. SRA Economic Assessment. An Economic Assessment meeting the requirements of this Section
shall be prepared and submitted as part of the SRA Designation Application Package. At a minimum, the
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analysis shall consider the following public facilities and services: transportation, potable water, wastewater,
irrigation water, stormwater management, solid waste, parks, law enforcement, emergency medical services,
fire, and schools. Development phasing and funding mechanisms shall address any adverse impacts to
adopted minimum levels of service pursuant to the Division 3.15 of the LDC.
1. Demonstration of Fiscal Neutrality. Each SRA must demonstrate that its development, as a whole,
will be fiscally neutral or positive to the Collier County tax base, at the end of each phase, or every_ five (5)
years, whichever occurs first, and in the horizon year (build-out). This demonstration will be made for each
unit of government responsible for the services listed below, using one of the following methodologies:
a. Collier County Fiscal Impact Model. The fiscal impact model officially adopted and maintained by
Collier County.
b. Alternative Fiscal Impact Model. If Collier County has not adopted a fiscal impact model as indicated
above, the applicant may develop an alternative fiscal impact model using a methodology approved by
Collier County. The model methodology will be consistent with the Fiscal Impact Analysis Model ("FIAM")
developed by the State of Florida or with Burchell et al., 1994, Development Assessment Handbook (ULI).
The BCC may grant exceptions to this policy of fiscal neutrality to accommodate affordable or workforce
housing.
2. Monitoring Requirement. To assure fiscal neutrality, the developer of the SRA shall submit to
Collier County a fiscal impact analysis report ("Report") every five years until the SRA is 90% built out.
The Report will provide a fiscal impact analysis of the project in accord with the methodology outlined
above.
3. Imposition of Special Assessments. If the Report identifies a negative fiscal impact of the project to
a unit of local government referenced above, the landowner will accede to a special assessment on his
property to offset such a shortfall or in the alternative make a lump sum payment to the unit of local
government equal to the present value of the estimated shortfall for a period covering the previous phase (or
five year interval). The BCC may grant a waiver to accommodate affordable housing.
4. Special Districts Encouraged in SRAs. The use of community development districts (CDDs),
Municipal Service Benefit Units (MSBUs), Municipal Service Taxing Units (MSTUs), or other special
districts shall be encouraged in SRAs. When formed, the special districts shall encompass all of the land
designated for development in the SRA. Subsequent to formation, the special district will enter into an
Interlocal agreement with the County to assure fiscal neutrality. As outlined above, if the monitoring reveals
a shortfall of net revenue, the special district will impose the necessary remedial assessment on lands in the
SRA.
2.2.27.11. Baseline Standards. [Reserved[
Sec. 2.2.32.
Santa Barbara Commercial Overlay District (SBCO).
2.2.32.3.9. Sidewalks. Projects shall provide sidewalks so as to encourage pedestrian and bicycle traffic.
Adjacent projects shall coordinate the location and intersection of sidewalks.
Section 2.2.33.
Bayshore Drive Mixed Use Overlay District
DELETE THIS MAP
Page 35 of 66
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BAYSHORE DRIVE
MIXED USE OVERLAY DISTRICT
BECCA AVENUE
HALDEMAN
LAKEV~EW DRIVE
ARECA AVEN~E
CRICKET LAKE
RENTAL APTS.
CONDO
BARRETT A~NUE
STORTER STREET
PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECT]ON
C~UuNITY DE",f~LOPMENT AND EN'~RONMENTAL SERVlCES OIMI~ION
OAT~: 8--2000 FILE: BAYSHO12--BXll.D'CCG PLOT-AUTOFILL.PAL
i~G[ND
Page 36 of 66
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INSERT THIS MAP
BAYSHORE DRIVE
MIXE9 USE OVERLAY DISTRICT
LEGEND
pREpAR£D BY: GRAPHICS AND TECHNICAL SUPPORT SECTION
COMMUNITY OEVI=LOPMENT AND EN~RONMENTAL SER~C£S I~1.~Of
DATE: 4--2003 FILE: BAYSHORE-PH2-A. DWG
Page 37 of 66
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Sec. 2.2.33.6.Permitted uses.
b. Amusement and recreation services (groups 7911, 7991, 7999 tourist guides only).
w. Public Administration (groups 9111-9199, 9229, 9224 fire protection, 9311,9411- 9451, 9511-9532,
9611-9611).
y. Repair shops and related services, not elsewhere classified (7699 antique repair and restoration,
except furniture and automotive only, bicycle repair shops only, gunsmith shops only, rod and reel
repair).
y z. Security and commodity brokers, dealer, exchanges and services (groups 6211-6289)
z. aa. Shoe repair shops and shoeshine parlors (7251).
aa. bb. United States Postal Service (4311 except major distribution center).
bb. cc. Veterinary services (groups 0742 veterinarian's office only, 0752 dog grooming and pedigree
record services only, all excluding outdoor kenneling).
ee. dd. Videotape rental (7841)
del. ee. Residential with the following limitations: multi-family uses are permitted above commercial
uses on lots fronting Bayshore Drive, no single family units are permitted on lots fronting Bayshore
Drive
2.2.33.24 Residential Subdistrict 3 (R3). The purpose of this district is to allow the development of
mobile home, modular home, townhouses and single-family residences. All new development in this
Subdistrict shall be compatible with the building patterns and faqade articulation of traditional
neighborhood design. The intent is to create a row of residential units with consistent front yard set backs
and access to the street. Development standards for this Subdistrict are the same as those set forth for the
Residential Subdistrict 1, unless set forth below.
2.2.33.24.1 .Permitted uses. The following uses are permitted as of right, or as uses accessory to permitted
uses:
a. Single-family dwellings
b. Modular homes
c. Townhouses
d. Mobile homes: As allowed by Section 2.2.10 of this Code unless specified otherwise below.
2.2.33.24.2 Minimum lot width:
Single-family: 40 feet.
Modular homes: 40 feet.
Townhouses 25 feet
Mobile hoines 40 feet.
2.2.33.24.3.1Yard requirements. The following yard requirements are in relation to the platted property
boundaries.
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Front Yard Min. Side Yard Min. Rear
At Yard
One (Single)
Family Dwelling 10 feet 5 feet 8 feet
Units
10 feet 5 feet 8 feet
Modular
Dwelling Units
0 feet when
Townhouse abutting
10 feet another 8 feet
townhouse, if
not then 5 feet.
Mobile Homes 10 feet 5 feet 8 feet
2.2.22.2~. 2.2.33.25. Residential Neighborhood Commercial Subdistrict (RNC). The purpose and
intent of this Subdistrict is to allow limited home occupational businesses. Home occupations
requirements set forth in Section 2.6.20, shall apply unless specified otherwise below. Development
standards for the district are the same as those set forth for the residential Subdistrict 2, unless otherwise
set forth below.
2.2.22.24.! 2.2.33.25.1. The home occupations permitted include: Accounting (8721), auditing and
bookkeeping (8721), barber shops and beauty salons (7231 except beauty culture schools, cosmetology
schools, or barber colleges), engineer or architectural services (8713,8712,8711), insurance agents and
brokers (6411), legal services (8111), and real estate agents (6531 except manufactured home brokers, on
site; housing authorities, operating).
2.2.22.24.2 2.2.33.25.2. The home occupation shall be clearly incidental to and secondary to the use
of the dwelling for residential purposes and shall not change the character of the dwelling unit. The
following conditions shall be met:
o
project more than 4 feet from the building on which the sign is attached.
There shall be a minimum of one residential dwelling unit.
The resident of the home shall be the owner and operator of the home occupation.
The home occupation shall not occupy more than 30 percent of the primary residential structure.
The home occupation shall not employ more than two employees at any given time.
One wall sign shall be permitted provided it does not exceed 6 square feet in area, and shall not
7. Parking areas shall consist of a dust free surface such as; mulch, shell, or asphalt. A single row
hedge at least 24 inches in height at the time of planting shall be required around all parking areas.
8. There shall be no additional driveway to serve such home occupation.
9. There shall not be outdoor storage of materials or equipment used or associated with the home
occupation.
Page 39 of 66
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6. A total of 2 parking spaces shall be provided for clients or customers. Two additional parking
spaces shall be provided for employees, if any. The required parking area or areas shall not be located in
the front yard of the residence.
~ ~ ~ oq 2 2 33 26
Reserved*********
SUBSECTION3.D AMENDMENTS TO DIVISION 2.3 OFF-STREET PARKING AND
LOADING
Section 2.3 Off-street parking and loading, of Ordinance 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
Sec. 2.3.16. Off-street parking and stacking: required amounts.
Minimum off-street parking space requirements are set forth below. Where stacking is required, the
amount listed does not include the first vehicle being serviced._ fc,~.v. A minimum of five spaces shall be
provided preceding the first menu board or order station, for restaurants with drive-in windows. For all
other stacking uses, stacking starts ten feet behind the middle of the pickup window) and is computed at
20 feet per vehicle (turns are computed at 22 feet per vehicle, measured at the outside of the driveway).
Stacking for one lane may be reduced if the reduction is added to the other lane(s).
Sec. 2.3.19. Off-street loading: reservation.
Areas reserved for required off-street loading in accordance with the requirements of this Code shall not
be reduced to [in] area or changed to any other use unless the permitted or permissible use that it serves is
discontinued or modified or equivalent required off-street loading is provided in accordance with the
requirements of this Code. The areas immediately fronting an overhead door(s) shall not be counted
towards meeting the off-street parking requirements of this Code.
SUBSECTION 3.E. AMENDMENTS TO DIVISION 2.4, LANDSCAPING AND BUFFERING
Division 2.4. Landscaping and Buffering, of Ordinance 91-102, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
DIVISION 2.4. LANDSCAPING AND BUFFERING*
Sec. 2.4.3. Procedures.
2.4.3.6. Pruning. 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 the current Tree, Shrub, and Other Woody Plant Maintenance - Standard
Practices ANSI A300~.~,~'~/n'~.".,,~, of the National Arborist Association. Trees shall not be severely
pruned in order to permanently maintain growth at a reduced height or spread. 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, sidewalks, buildings, and similar
conflicts).
Page 40 of 66
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Sec. 2.4.6. Minimum landscaping requirements.
2.4.6.5. Littoral zone planting. All developments that create lake areas shall provide littoral zcne
r ........ ~ ......... ~ .... , ~ ....... ~ .............................................. a littoral shelf anting
area in accord~ce with section 3.5.11.
SUBSECTION 3.F.
AMENDMENTS TO DIVISION 2.5., SIGNS
Division 2.5. Signs, of Ordinance 91-102, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
DIVISION 2.5. SIGNS
Sec. 2.5.6. Signs exempt from permitting as follows:
2.5.6.22. One sign indicating only the business's or establishment's operational status at that time may
be installed and illuminated inside that business or establishment, provided said sign: (1.) is not illuminated
using exposed gas-filled glass tubing, (2.) does not exceed 2.25 square feet in total size, (3.) has a cabinet
enclosed on all sides, and (4.) includes a front panel that is clear or translucent. The only allowable
illumination source(s) for said sign is: incandescent, fluorescent, halogen lamp, Light Emitting Diode, or fiber
optic light, but the illumination source must not flash, fade, or increase in brightness, or change color.
Nothing in this provision is to be construed to allow a sign that would otherwise be prohibited by this Code.
Sec. 2.5.7. Prohibited Signs as follows:
2.5.7.30. Illuminated signs, neon or otherwise, installed inside businesses and intended to be seen from the
outside. Signs that comply with the provisions of Section 2.5.6.22. of this code are exempt from this section.
SUBSECTION 3.G. AMENDMENTS TO DIVISION 2.6. SUPPLEMENTAL
DISTRICT REGULATIONS
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:
DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS
Sec. 2.6.4. Exceptions to required yards.
2.6.4.1.4. Fire escapes, stairways, and balconies which are unroofed (except as otherwise permitted
within this section) and unenclosed shall not project over five feet into a required side or rear yard and
three feet into a front yard of a multiple-family dwelling, hotel or motel and not over three feet into a
required front, side or rear yard of a single-family residential dwelling: Regardless of the extent of
encroachment, the minimum requirement for separation of structures shall be maintained.
Sec. 2.6.4.2. Minor after-the-fact yard encroachments.
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2.6.4.2.1. Minor after-the-fact yard encroachments may be approved administratively by the
~ planning services director. For the purposes of this subsection, minor yard encroachments
shall be divided into two. three classifications:
1. Structures for which a building permit has been issued and is under review, but for which a certificate
of occupancy has not been granted. The ~ planning services director may administratively
approve minor after-the-fact yard encroachments of up to 5 percent of the required yard, not to exceed a
maximum of 6 inches. For single-family, mobile/modular homes, duplex, and two-_family dwelling units
only, in the presence of mitigating circumstances, where the encroachment does not result from error or
action on the part of the applicant, the planning services director may administratively approve
encroachments of up to 25 percent of the required yard.
2. Structures for which a building permit and certificate of occupancy or a final development order has
been granted. The d~:~q~pme~ planning services director may administratively approve minor after-the-
fact yard encroachments of up to ten percent of the required yard which requirement was in effect as of
the date on which the certificate of occupancy or final development order was issued, not to exceed a
maximum of two feet. For single-_family, mobile/modular home, duplex, and two-family dwelling units
only, the planning services director may administratively approve minor after-the-fact yard
encroachments of up to 25 percent of the required yard which requirement was in effect as of the date on
which the certificate of occupancy or final development order was issued.
3. Single-family, duplex, and two-family dwelling units only for which no building permit record Can be
produced. Provided that all of the following criteria are met, the planning services director may
administratively approve minor after-the-fact encroachments of up 25 percent of the required yard
- the encroaching structure, or portion of the structure, was constructed prior to the purchase of
the subject property by the current owner
- evidence is presented showing that the encroaching structure, or portion of the structure, was
constructed at least two (2) years prior to the date of application for the administrative variance. This
evidence may be in the for~n of a survey, property card, or dated aerial photograph clearly showing the
encroachment.
- the encroaching structure is either an addition of living area to a principal structure, or an
accessory structure of at least 200 square feet in area
- the encroachment presents no safety hazard and has no adverse affect on the public welfare
- an after-the-fact building permit for the structure, or portion of the structure, is issued prior to
the application for the administrative variance. The administrative variance will only be approved once
all inspections have been completed, and the certificate of occupancy will be issued once the
adininistrative variance has been approved.
~3.4~ Under no circumstances shall any administrative variance be approved which would allow a
reduction of the separation between structures to less than ten (10) feet. Administrative variances
approved pursuant to the above do not run with the land in perpetuity and remain subject to the
provisions of section 1.8.10 non-conforming structures.
Sec. 2.6.15. Solid Waste Collection and Disposal
Pursuant to Ordinance No. 90-30, as amended, solid waste disposal shall be required in the form of bulk
container service (garbage dumpsters and/or compactors) for all commercial and industrial
establishments, unless authorization for alternative means of disposal is approved by Collier County
Utility Billing and Custo~ner Service. Bulk container service shall be required for all multi-family
projects not receiving curbside pickup. Solid waste disposal 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.
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2.6.15.1. Trash container location requirements. All trash or recycle receptacles shall be located so as to
be easily accessible to the residents and the solid waste hauler. Dumpsters and their enclosures may be
located within a required yard provided that they do not encroach into a required landscape area and that
there is no blockage of view of motorists or pedestrians that would constitute a safety hazard. For multi-
family residential developments havin~ more than one structure, no dumpster shall be located more than
250 feet from the structure that it is intended to serve. All projects subject to the provisions of LDC
Division 2.8 shall locate trash containers in accordance with the relevant provisions of that Division.
2.6.15.2. Access to trash containers. The access approach to the container should be sufficient to
accommodate a vehicle requiring a minimum clear width of 10 feet and a minimum clear turning radius
of 50 feet when directly accessing a public street. Containers and enclosures shall be placed such that the
accessing vehicles are not required to maneuver in the adiacent travel lanes of any street. When backing
maneuvers are required to pernfit the vehicle to exit from the container, provision shall be made to
provide an apron at least 10 feet wide and 60 feet in length adjacent to the container.
2.6.15.3. Container quantities. 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 dmnpster) shall be required for trash disposal. Prior to site development
plan submittal, the contractor, developer or homeowner's association must contact Collier County Utility
Billing and Customer Service to estimate the number and sizes of bulk containers needed.
2.6.15.4. Enclosure dimensions. Enclosures for dumpsters shall have minixnum internal dimensions of
12 X 12 feet for each standard garbage dumpster contained inside. If equipped with gates, the clear
opening dimension shall be a minimum of 12 feet, and the gates must be provided with a devise to hold
them open.
2.6.15.5. Container screening. Except as noted below, all containers shall be screened on at least three
sides from view of adjacent property owners and frown adjacent streets on the first-floor level. All
enclosures ~nust have a cement pad as the floor of the enclosure. This screening shall not be subject to
height linfitations for fences, provided that the vision of motorists on adjacent streets remains
unobstructed. Screening may be exempted 1) in I (industrial) zoning, so long as the containers are
located more than 200 feet I¥om residentially zoned or used property, and are not located within front
yards; 2) in A (Rural Agricultural) zoning in conjunction with a bona fide agricultural use; and 3) during
construction in all zoning districts. Screening material shall consist of a wood fence, concrete block and
stucco wall, brick wall, masonry wall, or walls of similar material. For only those projects subject to the
provisions of Division 2.8, trash enclosure walls or gates made of chain link or wood are not acceptable.
2.6.15.6. Compactors. Multi-family developments may substitute garbage compactors for garbage
dumpsters or curbside pickup to dispose of non-recyclable material with the following restrictions; for
individually owned multi-family units (condominiums), compactor service may only be implemented by
the developer prior to the sale of the first unit (subsequent to that time, a change from curbside or
dumpster service to compactor service may only be achieved through a majority vote by the
homeowner's association); for multi-family developments containing more than one structure, the
property owner may implement compactor service at any time, so long as the compactor has the capacity
to accept an ite~n of furniture having dimensions of up to 3 X 12 feet.
2.6.15.7. Curbside pickup. The Utility Billing & Customer Service Director, 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. Condominiuin developments may substitute curbside pickup for dumpsters or
compactors so long as satisfactory documentation is presented to the Utility Billing & Customer Service
Department 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.
2.6.33.3. Temporary construction and development permits.
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During the construction of any development for which at least a preliminary development order has been
granted, as required below, the developer may request a temporary use permit for the below-listed
activities. The temporary use permit shall be granted initially for a period not to exceed 24 months in
duration and may be renewed annually based upon demonstration of need and payment of fee. A request
for renewal shall be submitted to the planning services director in writing 30 days prior to the expiration
of the temporary use permit. Temporary construction and development permits shall be allowed for the
following uses:
1. Temporary offices to be used for construction, and administrative
functions within the development.
2. Permits for temporary offices for single-family residential developments may be
issued under the following circumstances:
Where the same developer or licensed building contractor performing the work
has obtained a valid building permit to construct three or more homes in the
same development.
bo
Where a developer, owner-builder, or licensed building contractor performing
the work has obtained a building permit for the construction of one single-
family home which exceeds 2,500 square feet of air conditioned floor area and
that a letter of justification of need is submitted to, and approved by, the
Planning Services Director (limited to one office).
The temporary offices shall be removed within 30 days of
the issuance of a certificate of occupancy for the last home to have been issued
a building permit.
SUBSECTION 3.H.
PROCEDURES
AMENDMENTS TO DIVISION 2.7., ZONING ADMINISTRATIONAND
Division 2.7., Zoning Administration and Procedures of Ordinance 91-102, as amended,
the Collier County Land Development Code, is hereby amended to read as follows:
DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES
Sec. 2.7.1. General
2.7.1.1. Applicability. All applications for a rezoning whether submitted before or after the
effective date of this ordinance, shall comply with the processing time procedures set forth in section
2.7.2.16 of this code.
Sec. 2.7.3. Planned unit development (PUD) procedures.
2.7.3.4.1. For PUDs approved prior to October 24, 2001 the landowner(s) shall:
A. Obtain approval for improvements plans or a development order for all infrastructure
improvements to include utilities, roads and similar improvements required by the approved PUD master
Plan or other development orders for at least 15 percent of the gross land area of the PUD site every five
years from the date of approval by the board of county commissioners; and
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Wr~rrl~ ~t .... I~ ,~K ....... h
................ ,~,. are deleted, words underlined are added
2.7.3.9.1. Applicability. All applications for a PUD rezoning or an amendment to an Existing PUD
document or PUD master plan whether submitted before or after the effective date of this ordinance, shall
comply with the processing time procedures set forth in section 2.7.3.9 of this code.
Sec. 2.7.4. Conditional uses procedures.
2.7.4.11. Conditional Use application processing time. An application for a conditional use 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 conditional use 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 conditional use, for a period of six
(6) months. An application deemed "closed" will not receive further processing and shall be withdrawn
and an application "closed" through inactivity shall be deemed withdrawn. The Planning Services
Department will notify the applicant of closure, however, failure to notify by the County shall not
eliminate the "closed" status of a petition. An application deemed "closed" may be re-opened by
submitting a new application, repayment of all application fees and granting of a determination of
"sufficiency". Further review of the request will be subject to the then current code.
2.7.4.11.1. Applicability. All applications for conditional use whether submitted before or after the
effective date of this ordinance, shall comply with the processing time procedures set forth in section
2.7.4.11. of this code.
Sec. 2.7.5. Variance procedures.
2.7.5.15. Variance application processing time. An application for a variance 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 variance 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 variance, for a period of six (6) months. An
application deelned "closed" will not receive further processing and shall be withdrawn and an
application "closed" through inactivity shall be deemed withdrawn. The Planning Services Department
will notify the applicant of closure, however, failure to notify by the County shall not eliminate the
"closed" status of a petition. An application deemed "closed" may be re-opened by submitting a new
application, repayment of all application fees and granting of a determination of "sufficiency". Further
review of the request will be subject to the then current code.
2.7.5.15.1 Applicability. All applications for a variance whether submitted before or after the
effective date of this ordinance, shall comply with the processing time procedures set forth in section
2.7.5.15. of this code.
SUBSECTION 3.I. AMENDMENTS TO DIVISION 3.2, SUBDIVISIONS
Division 3.2.8.2, of Ordinance No. 91-102, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
DIVISION 3.2. SUBDIVISIONS
Sec. 3.2.8. Improvement plans. ***
3.2.8.2. Subdivision plans submission requirements. The subdivision plans shall be prepared on
24-inch by 36-inch sheets and well as being digitally created on one or more CDROM disks. All data
Page 45 of 66
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shall be delivered in the North American Datum 1983/1990 (NAD83/90) State Plane coordinate system,
Florida East Projection, in United States Survey Feet units; as established by a Florida Professional
Surveyor & Mapper in accordance with Chapters 177 and 472 of the Florida Statutes. All information
shall meet Minimum Technical Standards as established in Chapter 61Gl7 of the Florida Administrative
~Files shall be in a Digital Exchange File (DXF) format; information layers shall have
co~nmon naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc.).
3.2.8.3.17. Sidewalks and bike lanes atad-bige-pag~. The developero.~.ou~'~ ~.~.~ ...... --~--.~--:"~4 ~.~ must construct
sidewalks ~ and bike lanes where applicable, as described below, "-~ ..... ~. ..... : ....... ,~a
Applicability: For all districts, Ssidewalks o~bitc~paO~ and bike lanes shall must be constructed contiguous
to public and private roadways, which are adjacent to and/or internal to the site, in conformance with the
· '~--' ..... s CF er a escr e ~,,~ ......................................... j ...........
1. Bike lanes ah'all must be provided on both sides of collector and arterial streets.any street classified
2. Sidewalks six-eight feet in width.~.~'- ~';'u-..~ ..... v---o~' ....... o.~ ..~...~,~c~f -.; .... ......,;'alu o-.-°u~n must be provided on both
sides of collector and arterial streets.
3. Sidewalks or bike paths F:;'e six feet in width, shall must be provided on both sides of local streets.
~- ,~,, ~11~,,,,,
4. For multi-family site development and site improvement projects, districts RT, RMF-6, RMF-12, and
RMF-16 and all multi-family residential components of PUD districts; sidewalks, six feet in width, must be
provided on both sides of local streets with a dedicated public right-of-way or roadway easement. Where
there is no public right-of-way or roadway easement, sidewalks must connect on-site residential building(s)
to a sidewalk within a public roadway or, if no sidewalk exists, to the right-of-way line in accordance with
Code standards contained herein. Should a two-directional shared use path be utilized, the minimum paved
width must be 10 feet.
5.~AI1 sidewalks,-lyike-pat~ and bike lanes along public and private roadways shall must be constructed in
accordance with design specifications identified in section 3.2.8.4.14. and division 2.8 of this Code.
Page 46 of 66
Words struck through are deleted, words underlined are added
ho
CC .......... y,
"' ...... '-'l-" ...... ° "'"'"' l-' .... '""~ ""' ............ "q~""" "'Y
t
· ..,.,y ,.~v ....... 1-" ""~*" ,.,.v o ..... ,.,.,-..,,~,.,,.,.~ 1.,,~,. .... ,i,.,.,,.~,,,,.~,,,. uy ,.,,,,.~ ,.,,.~,.,.,,.y o ,..,-,,,Ol..,,.,,. ....... ov,,.,.~,,.,o
:/.6__:. 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, sS~Ml must
include sufficient right-of-way to accommodate the roadway, sidewalks, ~ and bike lanes, where
required, gikepat~ Bbike lanes and sidewalks sS'all must be constructed concurrently with the roadway
interconnection.
8:.7__:. Where planned right-of-way improvements by the County Transportation Division scheduled in the
capital itnprovements program (CIP) would cause the removal of any sidewalks/~ or bike lanes
r .... ~. ....:~, :,.: ..... a the developer, in lieu of construction of the required sidewalksAgkepat-hs and
bike lanes, sS'a!! must provide funds for the cost of sidewalk/bigepath and bike lane construction as
defined by the Schedule of Development of Review and Building Permit Fees into a pathway fund
,~}'v ...... J .......... v ........................... for future construction of required
sidewalks/bikepat-hs and bike lanes, by the county. The time frame for this funding option is two years
from the date of issuance of the first building permit to the date that the road construction is required to
be bid.
Sec. 3.2.8. Improvement plans.
3.2.8.4.14 Sidewalks..,~; ~-,--r-.,,~.~:~' ..... u. All sidewalks an4--bigepa..5~ shall be constructed of Portland
cement concrete, .................. F ................................ & ......... , ~ ....... Fv .....
,~,~ 4 .... i ..... , ..... :~ 4;.~,.. ........... . , , .... ,:~. a ~ ~ o in conformance with ~
~ on the stand~d right-of-way cross sections contained in appendix B or on an approved site
development plan.
1. Concrete sidewalks or-bi4fepat~ shall be four-inch-ti-tick, Portland cement concrete with a 28-day
compressive strength of 3,000 psi. Expansion joints shall be one-half-inch preformed bituminous
conforming to the latest edition of ASTM. Contraction joints shall be saw-cut joints with longitudinal
spacing equal to the width of the walk. The saw cut depth shall equal or exceed one-forth the concrete
thickness. All workmanship materials, methods of placement, curing, forms, foundation, finishing, etc.
Page 47 of 66
Words struck tkccugh are deleted, words underlined are added
shall be in conformance to the latest edition of FDOT Standard Specifications for Road and Bridge
Construction, section 522.
4-2_:. All ~ bike lanes shall be designed, constructed, and signed in accordance with the most
current "Florida Bicycle Facilities Design Standards and Guidelines" requirements..~,,,~k ..... o'e"~-e'-: ....... ,~..,~n k~
SUBSECTION 3.J. AMENDMENTS TO DIVISION 3.3. SITE DEVELOPMENT PLANS*
Division 3.3., Site Development Plans, of Ordinance 91-102, as amended, the Collier
County Land Development Code is hereby amended to read:
DIVISION 3.3. SITE DEVELOPMENT PLANS*
Sec. 3.3.3. Applicability.
All development, except as otherwise provided herein, is subject to the provisions of this division. The
provisions of this division shall not apply to the following land use activities and represents the sole
exceptions therefrom:
1) Single-family detached and two-family housing structure(s) on a lot(s) of record except as otherwise
provided at section 2.6.27 (cluster development).
2) Underground construction; utilities, communications and similar underground construction type
activities.
3) Accessory and ancillary facilities for a golf course such as restrooms, irrigation systems, pump-
houses where a preliminary work authorization has been entered into with the county except where a site
alteration permit is required by this Code.
4) Construction trailers and storage of equipment and materials following issuance of a building permit
for the use to which said activities are a function of, except as otherwise provided by section 2.6.33.
5) Model homes and sales centers, except as otherwise provided by section 2.6.33.
6) Project entryway signs, walls, gates and guardhouses.
7) Neighborhood parks, subject to the approval of a conceptual site plan, depicting, on a 24" by 36"
sheet, all site clearing; improvements, including fences and walls, playground equipment, walkways,
picnic areas, and play areas; and minimum Code landscaping (irrigation will not be required). For the
purposes of review fees only, this plan shall be treated as a Conceptual Site Development Plan, and the
applicable review fee shall apply.
a) Minimum landscape buffering. Under certain circumstances with neighborhood parks, there
may be underlying health, safety and weffare concerns that necessitate deviation from the buffering required
in Section 2.4. The planning services director will determine, on a case-by-case basis, whether such
deviation is necessary. This determination will be made upon a request for determination from the
Page 48 of 66
Words struck througk are deleted, words underlined are added
Applicant, which must include all reasons that would justify the deviation. The planning services director
will use factors including, but not limited to, the following when making a determination for deviation:
The geographic location of the neighborhood park;
The affects that a lack of buffering will have on neighboring uses; and
3. The need to ensure that the public safety is maintained by providing law enforcement and
other policing entities clear view of the activities occurring on the park premises.
While the above land use activities shall be exempt from the provisions of division 3.3, these land use
activities are subject to all other provisions of the Land Development Code such as but not limited to
landscaping (with the exception of #7a listed above), tree removal, development standards and the
submission requirements attendant to obtaining temporary use and building permits.
3.3.7.1.9.12.
12. Sidewalks and bike lanes .~,n u:~ .....u ~ For all projects required to be developed through the site
development plan (SDP) process, the developer s?Ml be req'.'.ired to must construct sidewalks o~
~.:v ..... ~,o and bike lanes where applicable, as described below, --' .... "' .... : ......... .4 c~ a.,~
Applicability: For all districts, Ssidewalks ~, and bike lanes shall must be constructed
contiguous to public and private roadways which are adjacent to and/o._~r internal to the site, in
conformance with the c~ .... :-- criteria described below:
°;~ ight feet in width, or ~.;v .... *h° seven e~,: ....:mb ~,
a. Sidewalks ..... e ..... v ......................... must be
provided on both sides of collector and arterial streets.
b. Sidewalks, ~ ~,:t~ ~,,~ n,,,~ six feet in width, ou,m must be provided on both sides of
local streets except ag fallows:
c. Bike lanes must shall be provided on both sides of collector and arterial streets, aa-y
d~ For multi-family site development and site improvement projects, districts RT, RMF-6,
RMF-12, and RMF-16 and all multi-family residential components of PUD districts;
sidewalks, six feet in width, must be provided on both sides of local streets with a dedicated
public right-of-way or roadway easement. Where there is no public right-of-way or roadway
easement, sidewalks must connect on-site residential building(s) to a sidewalk within a public
roadway or, if no sidewalk exists, to the right-of-way line in accordance with Code standards
contained herein. Should a two-directional shared use path be utilized, the minimum paved
width must be 10 feet.
-de_. All sidewalks,-biteepmhs and bike lanes along public and private roadways ska!! must
be constructed in accordance with design specifications identified in section 3.2.8.4.14. and
division 2.8 of this Code.
Page 49 of 66
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street
........ _,_, .............. pra;':s:cna cf .... ;^~ ~ o ~ o cf this
Page 50 of 66
Words struck through are deleted, words underlined are added
ff:,_f. Developments providing interconnections to existing and future developments pursuant
to the density rating system section of the Collier County growth management plan future land use element,
shall must include sufficient right-of-way to accommodate the roadway, sidewalks, bihe4av, es o~aik~path~,
and bike lanes, where required, tgik-epa~, B_bike lanes and sidewalks 'shall must be constructed concurrently
with the roadway interconnection.
hg. Where planned right-of-way improvements by the County Transportation Division
scheduled in the county's capital improvements program (CIP) would cause the removal of any
sidewalks,tbik-epat~ or bike lanes ..... :r,~A ~., -.:~ r-~a .... :,~.;~ t .... c.o~.,
.,.,~ ...... ., ...................... )'cars fallcwing "~'~ n~ ..... :,
,,,~;o~ ,~- c,o, ~..:,n: ........ :, r .... ~ .... :.~, :o: ...... ~ the developer, in lieu of construction of the required
sJdewalks~ and bike lanes, s~] must provide funds fo~ t~e ~ost of sidewal~ and bike lane
~onstmcfion as defined by the Schedule of Development Review and BuildJn~ Permit Fees and deposit the
same into a pathway fund approved by '" ............ ; ....... :~.~ A:..~, .... ~:..~.,.; .... for future
construction of required sidewalks~ and bike lanes, by the county. The time frame for this funding
option is two years from the date of issuance of the first building pe~it to the date that the road construction
is required to be bid.
3.3.7.1.2
Site Development plans. A site development plan prepared on a maximum size sheet measuring
24 inches by 36 inches drawn to scale as well as being digitally created on one or more CDROM
disks. All data shall be delivered in the North American Datum 1983/1990 (NAD83/90) State
Plane coordinate system, Florida East Projection, in United States Survey Feet units; as
established by a Florida Professional Surveyor & Mapper in accordance with Chapters 177 and
472 of the Florida Statutes. All information shall meet Minimum Technical Standards as
established in Chapter 61G 17 of the Florida Administrative Code. w~'e ..... ~:-:e, ........ ,,,, ,4 ...... t,., Lc
Files shall be in a Digital Exchange File (DXF) format; information layers shall have
coxnmon na~ng conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement -
Sec. 3.3.9. Amendments,and insubstantial changes.
Any proposed change or amendment to a previously approved site development plan shall be subject to
review and approval by the planning services director. Upon sub~nittal of a plan clearly illustrating the
proposed change, the planning services director shall determine whether or not it constitutes a substantial
change. In the event the planning services director determines the change is substantial, the applicant
shall be required to follow the review procedures set forth for a new site development plan. A substantial
change, requiring a site development plan amendment, shall be defined as: 3.3.9.1. Aany change which
substantially affects existing transportation circulation, parking or building arrangements, drainage,
landscaping, buffering, identified preservation/conservation areas and other site development plan
considerations._; or
Page 51 of 66
Words struck through are deleted, words underlined are added
The pJanning services director shah evaJuate the proposed change in reJation to the following criteria~ for
purposes of this section, the insubstantial change procedure shall be acceptable where the following
conditions exist with respect to the propose change:
1. There is no South Florida Water Management District permit, or letter of modification, needed for
the work and there is no major impact on water management as determined by the Engineering Services
Director.
2. There is no new access proposed from any public street however minimal right-of-way work may
be permitted as determined by the transportation planning director.
3. There is no addition to existing buildings (air-conditioned space) proposed however a maximum
area of 300 square feet of non-air-conditioned space used for storage, or to house equipment, will be
permitted.
4. There is no proposed change in building footprint or relocation of any building on site beyond that
needed to accommodate storage areas as described in number 3 above.
5. The change does not result in an impact on, or reconfiguration of, preserve areas as determined by
the Environmental Services Director.
6. The change does not result in a need for additional environmental data regarding protected species
as determined by the Environmental Services Director.
7. The change does not include the addition of any accessory structure that generates additional
traffic as determined by the Transportation Planning Director, impacts water management as determined
by the Engineering Director, or contains air-conditioned space.
8. The change does not trigger the requirements of Division 2.8 as determined by the planning
services director.
9. There are no revisions to the existing landscape plan that would alter or impact the site
development plan (as opposed to only the landscape plan) as determined by the landscape architect.
SUBSECTION 3.K.
Division 3.5., Excavations, of Ordinance 91-102, as
Development Code, is hereby amended to read as follows:
DIVISION 3.5 EXCAVATIONS
AMENDMENTS 3.5. EXCAVATIONS
amended,
the Collier County Land
Sec. 3.5.7. Construction requirements for the construction of excavations.
3.5.7.2.4. Exceptions to the side slope requirements that may be justified by such alternatives as artificial
slope protection or vertical bulkheads shall be approved in advance by the site development review director,
where justification shall be documented in a design analysis prepared by a professional engineer registered in
the State of Florida. Bulkheads ~nay be allowed for no more than 40 percent of the shoreline length, but
........ v ........ ~ ................. j ............................................ p:pe outlet~ or
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Words ............. ~.. are deleted, words underlined are added
1. Eighty percent vegetative coverage of the planted littoral shelf is required over a three-year
period to ensure establishment. Beyond three years the littoral shelf shall be maintained as functional
component of the lake system. The function shall be defined as mimicking a natural system to improve
water quality, biologically cleanse runoff prior to discharge into water, buffer against shoreline
erosion, naturally control exotics and/or to mimic other natural functions such as the utilization by
wildlife.
o
3.5.7.2.65. No building construction permits will be issued for any proposed construction around the
perimeter of any excavation where the minimum clearance between the excavation top-of-bank
and the proposed building foundation is less than 30 feet, unless and until all side slopes adjacent
to the proposed construction have been completed and approved by the develop~nent services
director. Exceptions to this requirement will be made in those instances where the perimeter of
the excavation will be bulkheaded in accordance with the provisions of section 3.5.7.2.4.
3.5.7.3.2. Minimum. In order to assure that unsightly conditions or undesirable aquatic growth will not occur
in wet retention areas during the dry season of the year, the bottom elevation of these excavations shall be at
least six feet below tSe mean annual Iow ,,rater level dry season water table.
3.5.7.8. Non-water management system lakes. Non-water management system lakes of a surface area of one
acre or less, may be riprapped along their entire shoreline under the following conditions:
Page 53 of 66
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a. Side slopes shall be at a minimum ratio of two to one.
Littoral shelf areas must conform to section 3.5.11.
c. Riprapping must extend down to the slope breakpoint required by section 3.5.7.2, LDC.
d. The lake shall have protective barriers to prevent vehicular access where necessary.
e. The lake shall meet all of the design requirements of section 3.5, LDC.
3.5.7.9. Amendments to approved excavations. Substantial changes to any approved excavation permit, (i.e.
changes resulting in an increase of 20 percent or more in excavated volume resulting in less than 50,000
additional cubic yards), must be submitted to project plan review for review and approval, with such
approval granted in writing prior to conunencement of any proposed change. Littoral shelf areas must
conform to section 3.5.11.3. Failure to comply with the permit requirements shall be cause for the
development services director to issue stop work orders on all excavation related activities taking place or
planned for the subject property. Insubstantial changes shall not require prior written approval and shall
include reductions in surface area not affecting water management design quantities of material to be
removed. A written description of proposed insubstantial change, including an illustrated as-built as per the
excavation permit, to any approved excavation shall be submitted in writing to project plan review and to the
development compliance department.
3.5.7.10.11. Littoral zone plantings must conform to subsection
Sec. 3.5.10. Performance guarantee requirements.
3.5.10.2. The performance guarantee shall be executed by a person or entity with a legal or financial
interest in the property and shall remain in effect until the excavation and the requirements of section
3.5.11 is are completed in accordance with this division. Performance guarantees may be recorded in the
official records of the county and title to the property shall not be transferred until the performance
guarantee is released by the development services director.
Sec. 3.5.11 Littoral Shelf Planting Area (LSPA). The purpose and intent of a littoral shelf planting
area (LSPA) is to establish a planted area within an excavated lake that will support wetland plants,
improves the water quality within the lake and provides habitat for a variety of aquatic species including
wading birds and other waterfowl. Contained within an excavated lake, this area will typically function
as a tYeshwater marsh. Accordingly, the following requirements have been established in order for the
LSPA to be designed and maintained to accomplish this stated purpose and function.
3.5.11.1 Design Requirements.
3.5.11.1.1 Area Requirements. The total area of the LSPA shall be calculated as a percentage of the total
area of the lake at control elevation. Area requirements vary within the County and are as follows:
a. Rural Fringe Mixed Use District - Reserved;
b. All other areas -7 percent.
3.5.11.1.2 Location Criteria. Unless otherwise allowed for, the LSPA shall be concentrated in one
location of the lake(s), preferably adjacent to a preserve area, in order to maximize its habitat value and
minitnize maintenance efforts. Multiple locations for meeting the LSPA area requirement within a single
lake shall be allowed as long as a single LSPA is no smaller than 1,000 square feet. Whenever possible,
Page 54 of 66
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the LSPA should be located away from residential lots in order to avoid maintenance and aesthetic
conflicts with residential users, and the LSPA shall be located adjacent to control structures or pipe
outlets or inlets in order to maximize water quality benefits. However, the LSPA shall be located no
closer than 20 feet from any discharge structure or pipe intake so as to not impede flow. If the LSPA is
located around a discharge structure, the 20-foot setback shall extend waterward of the discharge
structure to a point in the center of the lake. For interconnected lake systems, the total required area of the
LSPA for all lakes may be configured within a single lake and at one location.
3.5.11.1.3 Shelf Elevation. The design elevation(s) of the LSPA shall be determined based on the ability
of the LSPA to function as a marsh community and on the ability of selected plants to tolerate the
expected range of water level fluctuations. Generally, marsh communities in this area have a
hydroperiod of between 6 and 10 months. Wet seasonal water levels range from 12 to 24 inches above
ground elevation. Dry seasonal water levels are 6 inches below ground elevation for an average year and
46 inches below ground elevation for a 1 in 10 year drought. The design of the shelf may deviate from
these reference values if site-specific data and information is presented that supports the proposed
elevations.
3.5.11.1.4 Shelf Configuration. The LSPA shall be designed so that the slope of the shelf is as flat as
possible. An undulating bottom allowing for shallow pooling during the dry season is encouraged.
Shelves may be terraced to provide for varying elevations for different plant species. The area
require~nents specified in 3.5.11.1.1 shall only be satisfied by those areas planted on a shelf that has an
average slope of 8: lor flatter. Shelves having undulating bottoms and terraced configurations shall be
deemed to meet the slope requirements if the average slope across the shelf is 8:1 or flatter. Shelves
having undulating bottoms and terraced configurations shall be dee~ned to meet the slope requirements if
the average slope across the shelf is 8:1 or flatter.
3.5.11.1.5 Plant Selection and Specifications. Plants shall be selected based on the expected flooding
durations and maxilnum water depths for which the selected plants can survive. The LSPA shall be
initially planted with at least three different species of native, nursery grown or otherwise legally
obtained vegetation. No species shall constitute more than 50 percent of coverage, and at least one
species shall be herbaceous. Spacing shall be no more than: 20 feet for trees; 5 feet for shrubs; and 36
inches on center for herbaceous plants. At the time of planting, minimum size shall be: 3 gallon
(minimum 4 feet high) for trees; 1 gallon for shrubs and 12 inches for herbaceous plants. Clustering of
plants shall be allowed to provide for scattered open areas as long as the open areas do not constitute
more than 20 percent of the required shelf area and the elevations of the open areas are at least a foot
deeper than the surrounding area.
3.5.11.1.6 Posted area. The boundary of the LSPA shall be posted with appropriate signage denoting the
area as a LSPA. Sign(s) should note that the posted area is a Littoral Shelf Planting Area that provides
ecological benefits to the area and contain specific instructions to ensure that the planted area will not be
subjected to herbicidal treatments or other activities that will kill the vegetation. The signs shall be no
closer than ten feet from residential property lines; be limited to a maximum height of four feet and a
maximum size of two square feet; and, otherwise comply with Section 2.5.6. A minimum of two signs
shall be provided to mark the extent of the LSPA. Maximum sign spacing shall be 150 feet.
3.5.11.1.7 Required Information. The Planting Plan for the LSPA shall provide the following
information:
1. Calculation table showing the required area (square feet) for the LSPA and its percentage of the total
area at control elevation (NGVD);
2. Control Elevation (NGVD) and Dry Season Water Table (NVGD);
3. Maximum water depth (feet) and estimated number of months of flooding for the range of planted
elevations within the LSPA;
4. A plant list to include the appropriate range of elevations for each specified plant species, spacing
requirements, and plant size;
5. Planting locations of selected plants.
Page 55 of 66
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3.5.11.2 Operational Requirements: Littoral Shelf Planting Areas shall be maintained according to
the following requirements:
3.5.11.2.1 Eighty percent vegetative coverage of the LSPA is required within a two-year period
following the initial planting and shall be maintained in perpetuity. Native plants that recruit within the
LSPA will be counted towards this coverage requirement except as required per section 3.5.11.2.2. The
LSPA must be kept free of refuse and debris.
3.5.11.2.2 Prohibited exotics and nuisance species shall be removed as they occur, manually or with U.S.
Environmental Protection Agency approved herbicides. Prohibited exotics are those species as listed in
Section 2.4.4.12. For the purpose of this section, nuisance species include those species listed as Class I
and Class 11 Prohibited Aquatic Plants specified in Chapter 62C-52.011, Florida Administrative Code.
Cattails shall be removed manually or with U.S. Environmental Protection Agency approved herbicides
when they exceed ten percent coverage of the required LSPA area.
3.5.11.3. Application to existing lakes. All previously approved projects shall meet the Operational
requirements required in 3.5.11.2.
3.5.11.3.1. Projects approved and constructed according to previous standards may have to meet the new
standards if the littoral shelves are no longer functioning, 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 3.5.11.1.3. The planted area shall be
consolidated as much as possible subject to the criteria found in 3.5.11.1.2.
c. Subject to the assessment described in b., the existing planting slopes should be as flat as possible
but the 8:1 requirement of 3.5.1 1.1.4 shall not be required.
d. Plant selection and specifications shall conform to 3.5.11.1.5;
e. Signage of the planted littoral areas shall be required subject to 3.5.11.1.6.
3.5.11.3.2. For mnendments to approved excavations where the proposed amendments will modify the
previously approved lake shoreline or increase the previously approved lake area, signage of the planted
littoral areas shall be required subject to 3.5.11.1.6. I
a. For amendments that modify less than 20 percent of the previously approved shoreline but
increase the previously approved lake area, only the additional portion of the lake shall be used to
calculate the additional LSPA area using the percentage requirements of 3.5.11.1.1. (See figure
3.5.11.3.2.) This additional LSPA shall conform to the design requirements of 3.5.11.1.
b. For amendments that modify 20 percent or more of the previously approved shoreline, the total lake
area shall be used to calculate the LSPA area using the percentage requirements of 3.5.11.1.1. (See figure
3.5.11.3.2.) The LSPA shall conform to the design requirements of 3.5.11.1..
3.5.11.4. Exemptions. Lake excavation activities which are lawfully permitted and used for
aqualcultum shall be exempt l¥om the LSPA requirements. Lake excavation activities subject to the
Resource extraction Act (Ch. 378, Part IV, Fla. Stat.) shall be exempt from the LSPA requirements but
shall otherwise be required to follow the mine reclamation requirements required in Section 3.5.7.6.
Sec. 3.5.14 12. Appeals.
Sec. 3.5.tg 13. Penalties and enforcement.
Sec. 3.5.t-3 14. Severability.
Page 56 of 66
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Sec. 3.5.t-4 15. Compliance with state and federal permits.
SUBSECTION 3.L.
PRESERVATION*
AMENDMENTS 3.9., VEGETATION REMOVAL , PROTECTION AND
Division 3.9., Vegetation Removal, of Ordinance 91-102, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
DIVISION 3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION
3.9.5.5.6 Native Preserve criteria
Identification. Native vegetation that is required to be preserved pursuant to 3.9.5.5 shall be
set-aside in a Preserve. Areas set aside as preserves shall be labeled as "Preserve" on all site
plans.
2. Minimum dimensions.
The minimum width of the preserve shall be:
a. twenty feet, for property less than ten acres.
b. an average of thirty feet in width but not less than twenty feet in width, for property
equal to ten acres and less than twenty acres.
c. an average of fifty feet in width but not less than twenty feet for property of twenty
acres and greater.
3. Created Preserves. Where created preserves are approved, the landscape plan shall re-create a
native plant community in accordance with the vegetation sizes and standards set forth in 3.9.5.5.
The spacing of the plants shall be as follows: twenty to thirty foot on center for trees with a small
canopy (less than 30 ft mature spread) and forty foot on center for trees with a large canopy
(greater than 30 ft mature spread), five foot on center for shrubs and three foot on center for
ground covers. Plant material shall be planted in a manner that mimics a natural plant community
and shall not be ~naintained as landscaping. Minimum sizes for plant material may be reduced for
scrub and other xeric habitats where smaller size plants material are better suited for re-
establishment of the native plant community.
a. Approved created preserves, identified in 3.9.5.5 as mitigated native preservation, may
be used to recreate:
1. not more than one acre of the required preserves if the property has less than
twenty acres of existing native vegetation.
2. not more than two acres of the required preserves if the property has equal to
or greater than twenty acres and less than eighty acres of existing native
vegetation.
3. not more than 10% of the required preserves if the property has equal to or
greater than eighty acres of existing native vegetation.
b. The miniinum dimensions shall apply as set forth in 3.9.5.5.6.2.
c. All perimeter landscaping areas that are requested to be approved to fulfill the native
vegetation preserve requirements shall be labeled as preserves and shall comply with
all preserve setbacks.
d. Created preserve exceptions may be granted:
1. when a State or Federal permit requires creation of native habitat on site. The
created preserve acreage may fulfill all or part of the native vegetation requirement
when preserves are planted with all three strata; using the criteria set forth in
Created Preserves. This exception ~nay be granted, regardless of the size of the
project.
2. when small isolated areas (of less than V2 acre in size) of native vegetation exist on
site. In cases where retention of native vegetation results in small isolated areas of
V2 acre or less, preserves may be planted with all three strata; using the criteria set
forth in Created Preserves and shall be created adjacent existing native vegetation
areas on site or contiguous to preserves on adjacent properties. This exception may
be granted, regardless of the size of the project.
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when an access point to a project cannot be relocated. To comply with obligatory
health and safety mandates such as road alignments required by the State,
preserves may be impacted and created elsewhere on site.
,.
Required Setbacks to Preserves. All principal structures shall have a minimum 25-foot
setback from the boundary of any preserve. Accessory structures and all other site alterations
shall have a minimum 10- foot setback from the boundary of any preserve. There shall be no
site alterations within the first 10 feet adjacent to any preserve unless it can be demonstrated
that it will not adversely impact the integrity of that preserve. (i.e.. Fill may be approved to be
placed within 10 feet of the upland preserve but may not be approved to be placed within 10
feet of a wetland preserve, unless it can be demonstrated that it will not negatively impact that
wetland.)
5. lnvasive Exotic Vegetation Removal and Maintenance Plans. Exotic vegetation removal and
maintenance plans shall require that category I exotics be removed from all preserves. All
exotics within the first 75 feet of the outer edge of every preserve shall be physically removed,
or the tree cut down to grade and the stump treated with a U.S. Environmental Protection
Agency approved herbicide and a visual trace dye applied. Exotics within the interior of the
preserve may be approved to be treated in place, if it is determined that physical removal
nfight cause more damage to the native vegetation in the preserve. When prohibited exotic.
vegetation is removed, but the base of the vegetation remains, the base shall be treated with an
U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be
applied. A tnaintenance plan shall be implemented on a yearly basis at a minimum, or more
frequently when required to effectively control exotics, and shall describe specific techniques
to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. The plan shall
be approved prior to the issuance of any final local development order.
6. Exemptions. Applications for development orders authorizing site improvements, i.e., an SDP
or FSP and on a case by case basis a PSP, that are submitted and deemed sufficient prior to
June 16, 2003 are not required to comply with the new regulations in section 3.9.5.5.6 adopted
on June 16, 2003.
SUBSECTION 3.M.
AMENDMENTS TO DIVISION 3.14. , PENALITIES
Division 3.14., Penalties, of Ordinance 91-102, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
DIVISION 3.14. PENALTIES
Sec. 3.14.3. Exceptions; permit.
All permits to allow operation of vehicles on county beaches shall expire on April 30, of each year, to
coincide with the beginning of sea turtle nesting season. During sea turtle nesting season, May 1 through
October 31, of each year, all permits shall be subject to section 3.14.6 4. of this division.
...... .~ ~o~ co:v~--n/ggion the
3.14.3.1. Sheriff, city, state and federal police, emergency services, and ~, .............
Florida Fish and Wildlife Conservation Commission vehicles operated or authorized by officers of these
departments operating under orders in the normal course of their duties shall be exempt from the provisions
of this division.
3.14.3.2. Vehicles which must travel on the beaches in connection with environmental maintenance,
conservation, environmental work, and/or for purposes allowed by Collier County Ordinance No. 89-16,
providing that the vehicle(s) associated with the permitted uses of Collier County Ordinance No. 89-16
remain stationary, except to access and egress the beach, shall be exempt from the provisions of this division
if a permit has been obtained from the site devel,opment review Environmental Services Department director
or his designee, and said [permit] is prominently displayed on the windshield of such vehicle and kept with
the vehicle and available for inspection. The procedure for obtaining such a permit shall be by application to
the t;ite deve!epment rev:.ew Environmental Services Department director in writing stating the reason or
reasons why it is necessary for such vehicle or vehicles to be operated on the beaches in connection with an
Page 58 of 66
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environmental maintenance, conservation, environmental purpose and/or for purposes allowed by Collier
County Ordinance No. 8% 16, taking into consideration the vehicular use restriction previously stated as a
criterion for an exception, and permit for such vehicle or vehicles shall be issued by the o:'~ '~ .... ' ...... ·
r-e¥iew-Environmental Services Department director if theo.~.~o:"~ .~'~ .... .,....v._...~' .......... .~....: .... .. Environmental Services
Department director is satisfied that a lawful and proper environmental maintenance, conservation,
environmental purpose and/or purpose as described above and allowed by Collier County Ordinance No. 89-
16 will be served thereby.
3.14.3.3. Baby buggies (perambulators), toy vehicles, toy wagons, wheelchairs or similar devices to aid
disabled or non-ambulatory persons shall be exempt from the provisions of this division.
3.14.3.4. Vehicle-on-the-beach permits issued in conjunction with special or annual beach events, in
conjunction with permanent concession facilities, or for other routine functions associated with permitted
uses of commercial hotel property. Vehicles which are used in conjunction with functions on the beach, as
t.-------.-~ v,, ~...~pt- .... -. or.-- ..... .-.-- ~---.v .... J -o-. t.-. ...... . ..........-..-~..-- ....... v----~, are exem
from the provisions of this division if a vehicle-on the-beach permit has been granted by the ~'~:-~
ser-.,4ees Environmental Services director or his designee. All permits issued are subject to the following
conditions and limitations:
3.14.3.4.5. Permits shall only be issued for ATVs when Environmental Services Department-staff has
determined that: 1) evidence has been provided that there is a need to move equipment, which, due to the
excessive weigh and distance of equal to or greater than 200 feet, would be prohibitive in nature to move
with, push cans or dollies..4.,~
would ~e .....~.;~;,;,,~: ...................... ~ .......... ~;~o 2) ig
v .......................... ~ ................. or a li~ted des hated work ~ea has been
established at the foot of the dune walkover tBr loading and unloading and the ATV use is restricted to that
limited identified area.
3.14.3.4.7. During sea turtle nesting season, the following shall apply: 1) no vehicle may be used on the
beach until after completion of daily sea turtle monitoring conducted by personnel with prior experience and
training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission
Marine Turtle Permit; 2) cons:.stent '.v:.t~ sect:.cn 2.!2.7.2., there shall be no use of vehicles for set up of
chairs or hotel or commercial beach equipment, etc. until after the beach has been monitored; 3) one
ingress/egress corridor onto and over the beach, perpendicular to the shoreline from the owner's property,
shall be designated by the ^,~:~.._. ..... .~ .................. r~ .... , .... (r'r'nm'D) Collier County
Environmental Services Department (ESD); additional corridors may be approved when appropriate and
necessary as determined by the ESD; a staging area may be approved for large events as determined by the
ESD and 4) except for designated corridors, all motorized vehicles shall be operated below the Mean High
Water line (MHW), as generally evidenced by the previous high tide mark. If at anytime CCNRD ESD
determines that the designated corridor may cause adverse impacts to the beach, nesting sea turtles, or the
ability of hatchlings to traverse the beach to the water, an alternative corridor shall be designated. If no
alternative is available, as determined by the ESD, the vehicle-on-the-beach permit may be suspended for the
remaining period of the sea turtle season.
ten PSt r ...... 4 ............ ;..~x ......,.,~,:.u~ ~., ,,.~ c,~4~.a pst ~ ......,.. ~a,c~,at;~ ~.
Page 59 of 66
Words r, truck through are deleted, words underlined are added
(1)
/,')\
3.14.3.5.~. 4.8. These vehicles may not be used for transportation of people or equipment throughout the
day. The permit shall designate a limited time for equipment set up and for the removal of the equipment at
the end of the day.
Page 60 of 66
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Marine Permit;
Sec. 3.14.4 3.5. Permit for construction (excluding beach renourishment and maintenance activities).
Prior to beginning construction in proximity to a sand dune for any purpose whatsoever, including
conservation, a temporary protective fence shall be installed a minimum of ten feet landward of the dune. It
shall be unlawful to cause or allow construction and related activity seaward of such fence. Each permit for'
work shall clearly indicate the provisions of this Code and the protective measures to be taken and shall be
subject to the provisions of section 3.14.6.4. of this division.
Sec. 3.14.g 3.6. Beach raking and mechanical beach cleaning.
3.14.5.1.3.6.1 Beach raking and mechanical beach cleaning shall be prohibited on undeveloped coastal
barriers unless a state permit is obtained.
3.14.5.2.3.6.2. Beach raking and mechanical beach cleaning must comply with the provisions of section
3.14.6.4. of this division.
3.14.5.3.3.6.3. Beach raking and mechanical beach cleaning shall not interfere with sea turtle nesting, shall
preserve or replace any native vegetation on the site, and shall maintain the natural existing beach profile and
minimize interference with the natural beach dynamics and function; which includes the natural wrack-line.
3.14.3.6.4. Beach raking and mechanical cleaning shall not occur below MHW on the wet sand area of
beach which is covered by high tide and which remains wet during low tide. Beach raking and mechanical
beach cleaning shall not operate or drive within 15 feet of dune vegetation and endangered plant and animal
communities, including sea turtle nests. Surface grooming equipment that does not penetrate the sand may
operate or drive to within 10 feet of dune vegetation and endangered plant and animal communities,
including sea turtle nests.
3.14.54 3.6.5. Beach raking and mechanical beach cleaning devices shall not disturb or penetrate beach
sediments by more than the minimum depth necessary, not to exceed one two inches, in order to avoid a
potential increase in the rate of erosion, t
3.14.5.5 3.6.6. u ..........:
..... -, "'~"v ....... Vehicles with greater than 10 psi ground to tire pressure, shall not be used
to conduct beach raking ~,a
............ ~,. ehicles ....... ~, ..........profile,
with less than 10 psi ground to tire pressures, in conjunction with the attachment of a
screen, harrow drag or other similar device used for smoothing may shall be used to conduct beach raking
................................. 6 operations upon approval of the ESD or des nee.
3.14.3.6.7. Mechanical beach cleaning involving sand screening or a combination of raking and screening
shall only be conducted on an "as needed" basis as determined by the Public Utilities Engineering
Department and the Environmental Services Department. Necessity will include when large accumulations
of dead and dying sea-life or other debris remains concentrated on the wrack-line for a minimum of two tidal
cycles following a storm event, red tide or other materials which represent a hazard to public health.
Page 61 of 66
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...... oh are deleted, words underlined are added
3.14.3.7. Vehicles associated with Beach Nourishment and Inlet Maintenance
3.14.3.7.1 Heavy equipment used in conjunction with beach nourishment, inlet maintenance, to accomplish
FDEP permit requirements, or other unusual circumstance as determined by the CDES Administrator, which
cannot meet the standard PSI, will require compaction mitigation. Mitigation shall be accomplished by
tilling to a depth of 36 inches or other FDEP approved methods of decreasing compaction. Beach tilling
shall be accomplished prior to April 15 following construction and for the next 2 years should compaction
evaluations exceed state requirements.
3.14.3.7.2 Utilization of equipment for the removal of scarps, as required by FDEP, shall be limited to an
ingress/egress corridor and a zone parallel to the MHW. Scarp removal during sea turtle season shall have
prior FDEP approval and coordinated through the FDEP, FWCC, CCESD and the person possessing a valid
Fish and Wildlife Conservation Commission Marine Turtle Pemfit for the area.
3.14.3.7.3 No tilling of the beaches shall occur during sea turtle nesting season.
Sec. 3.14.6.4. Operation of vehicles on the beach during marine turtle nesting season.
The operation of motorized vehicles, including but not limited to self-propelled, wheeled, tracked, or belted
conveyances, is prohibited on coastal beaches above mean high water during sea turtle nesting season, May 1
to October 31, of each year, except for purposes of law enforcement, emergency, or conservation of sea
turtles, unless such vehicles have a valid permit issued pursuant to this division. Permits issued pursuant to
this division are not intended to authorize any violation of F.S. § 370.12, or any of the provisions of the
Endangered Species Act of 1973, as it may be amended.
3.14.6 4.1 All ~'~-~' ~t.: ..... .4 ~,,~,~:~ ~.~ ~,:,~ vehicle use on the beach during sea turtle
nesting season, May 1 to October 31, of each year must not begin before completion of monitoring
conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid
Fish and Wildlife Conservation Commission Marine Turtle Permit.
Sec. 3.14.7 5. Penalties.
Notwithstanding the penalties set forth elsewhere in this Code, violations of this division are subject to the
following penalties:
3.14.g 5.1. Violations of section 3.14.=5 3.6. which do not occur during sea turtle nesting season, i.e., occur
outside of sea turtle nesting season, are subject to up to a $500.00 fine per violation.
3.14.-7 5~2. 1. Minor infractions of section 3.14.=5 3.6, which occur during sea turtle nesting season are
subject to up to a $500.00 fine per violation. Minor infractions are defined as any activity that will not cause
immediate harm to sea turtles or their nesting activity; and include, but are not limited to, the following: 1)
use of an unpermitted vehicle; 2) vehicles being operated: a) wit!~,out reqt:~re~ tire tre'a~ :,~entification; b a)
without permit being available for inspection; or e b) with improper tire pressure.
3.14.5.3. 2. Major infractions of section 3.14.=5.3.6, which occur during sea turtle nesting season, are subject
to the following penalties. Major infractions are defined as any activity that may cause immediate harm to
sea turtles or their nesting activities; and include, but are not lin-fited to, the following: 1) use of a vehicle
prior to daily sea turtle monitoring, 2) use of a vehicle after 9:30 pm, or 3) use of a vehicle outside of a
designated corridor.
First violation: $1000.00 fine and a suspension of permitted activities, including but not limited to:
Beach raking or mechanical cleaning activities, for 70 days or the balance of sea turtle nesting season,
whichever is less.
Second violation: $2,500.00 fine and a suspension of permitted activities, including but not limited to:
Beach raking or mechanical cleaning activities, for 70 days or the balance of sea turtle nesting season,
whichever is less.
Third or more violation: $5,000.00 fine and a suspension of permitted activities, including but not
limited to: Beach raking or mechanical cleaning activities, for 70 days or the balance of sea turtle
Page 62 of 66
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nesting season, whichever is less.
3.14.7.3.5.4. Violations of sections.~..-.~.-., a ~'~ a '~ · 3.14.3.4.; 3.!4.3.5.; v.~ ~....~.u a TM ~ ~ , which do not occur during
sea turtle nesting season, i.e., occur outside of sea turtle nesting season, are subject to up to a $500.00 fine
per violation.
3.14.7./I. 5.5. Violations of sections 3.1'1.2.2.; 3.14.3.4.; 3.,~ 4.3.5.; v.^~ ~.. ~ ~ '~.....-., ~ ~ which occur during sea turtle
nesting season are subject to the following penalties:
Minor infractions are subject to up to a $500.00 fine per violation. Minor infractions are
defined as any activity that will not cause an immediate harm to sea turtles or their nesting
activity; and include, but are not limited to, the following: 1) use of an unpermitted vehicle; 2)
vehicles being operated: a) -';~' ......... :~ ,: ......... ~ :a~,:c~ .... :~' b a) with permit not
available for inspection; or e b) with improper tire pressure.
SUBSECTION 3.N. AMENDMENTS TO DIVISION 5.4., BUILDING BOARD
ADJUSTMENT AND APPEALS
OF
Division 5.4, Building Board of Adjustment and Appeals, of Ordinance 91-102, as amended, the
Collier County Land Development Code is hereby amended to read:
DIVISION 5.4. BUILDING BOARD OF ADJUSTMENTS AND APPEALS
Sec. 5.4.1. Establishment and purpose.
There is hereby established a building board of adjustments and appeals. The purpose of the building
board of adjustments and appeals is to provide a decision-making body through which an owner of a
building or structure, or his duly authorized agent, may appeal the rejections or refusal of the building
official to approve the mode or manner of construction proposed to be followed or materials to be used in
the erection or alteration of that building or structure, or when it is claimed that the provisions of the
Florida Building Code and Florida Fire Prevention Code as incorporated by Division 1.18. of this Code
Coll~er County e .... ~ .... ~ ~..:,~: .... r.~.~ t-..,,:~ r- ..... ~.. p.~,~;~, ,--~.,~ ,--~,,:~.. ,-- ....... o ......
Collier County S;v[m:ning Po.c! Code do not apply, or that an equally good or more desirable form of
construction can be mnployed in a specific case, or when it is claimed that the true intent and meaning of
such codes or any of the regulations thereunder have been misconstrued or wrongly interpreted by the
building official.
Sec. 5.4.2. Powers and duties.
The building board of adjustments and appeals shall have the following powers and duties:
5.4.2.1. To review and approve, with or without modifications or conditions, or deny an appeal from a
decision of the building official with regard to a variance from the mode or manner of construction
proposed to be followed or materials to be used in the erection or alteration of a building or structure, or
when it is claimed that the provisions of the Florida Building Code and Florida Fire Prevention Code as
incorporated by Division 1.18. of this Code r,~:~
~a~.,..:~,~ t-,~a~ r-~.~;=, r- ........ m.,~,:.g .... , ............. J ............ ~ .... do not a
or that an equally good or more desirable form of construction can be employed in any specific case, or
when it is claimed that the true intent and meaning of such building codes and technical codes or any of
the regulations thereunder have been misconstrued or wrongly interpreted.
Sec. 5.4.3. Building board of adjustments and appeals membership.
Page 63 of 66
Words struck tSraugh are deleted, words underlined are added
5.4.3.1. Qualifications. A building board of adjusttnents and appeals shall be composed of five
regular members appointed by the board of county cotnmissioners. The Collie[' County Fire Marshal's
Association may recommeud for consideration by the board of county comnfissioners those two members
one of whom would be an architect or engineer, and one whom must be a fire protection specialist. The
building board of adjustments and appeals shall consist of members engaged in the following occupations
who by reason of education, experience, and knowledge are deemed to be competent to sit in judgment
on matters concerning the Florida Building Code and Florida Fire Prevention Code as inco~orated by
Division 1.18. of this Code ~-~:~
............. ~ .......... o .................... J ......... one state-licensed architect or
one structural engineer; one class A general contractor; one state-certified fire protective equipment
contractor or state-certified firefighter with the rank of lieutenant or higher or state certified fire safety
inspector with the rank of lieutenant or higher; one licensed electrical contractor; and one licensed
plumbing or mechanical contractor. The members shall serve tBr a term of four years, except for initial
appointees who shall serve as follows: two for a term of one year; two for a term of two years; one for a
term of three years.
Sec. 5.4.4. Quorum.
Three members of the building board of adjustments and appeals shall constitute a quorum. In varying
the application of any provision of the Florida Building Code and Florida Fire Prevention Code as
incorporated by Division 1.18. of this Code Collier "' ....... c~.,.,~.,..~ ........ ~ .....
M ............................. 7 .......... ~ .................... 7 ............ ~ P~l ~ or in
modifying an order of the building official or the public safety administrator, an affirmative vote of not
less than three building bo~d members shall be required.
Sec. 5.4.7. Standard appeal procedure; time limit; fee.
5.4.7.1. Whenever the building official shall reject or refuse to approve the mode or manner of
construction proposed to be followed or ~naterials to be used in the erection or alteration of a building or
structure, or when it is claimed that the provisions of the Florida Building Code and Florida Fire
Prevention Code as incorporated by Division I 18. of this Code t"~.ll;~, t~ .......
...... ., .................. , ............. j Plumbing r,~a~ ~. r-~;~, t~ ..... ,., e,.,:.~;,.,.
not apply, or than an equally good or more desirable form of construction can be employed in any
specific case, or when it is claimed that the true intent and meaning of the Florida Building Code and
Florida Fire Prevention Code as incorporated by Division 1 18. of this Code r'"~:e-
¢oot-Gode or any of the regulations thereunder have been misconstrued or wrongly interpreted, the owner
of such building or structure, or his duly authorized agent, may appeal from the decision of the authority
having jurisdiction to the building board of adjustments and appeals. Notice of appeal shall be in writing
and on appeal forms provided by the secretary of the building board. Notice of appeal shall be filed at the
project review services section of the development services department within 30 days after the decision
to be appealed is rendered by the authority having jurisdiction, except as set forth in the interlocal
agree~nent appeals procedure. A fee in an amount to be set by the board of county cormnissioners shall
accompany any such notice of appeal filed pursuant to this section.
Sec. 5.4.9. Decisions of the building board of adjustments and appeals.
5.4.9.1. The building board of adjustments and appeals, when so appealed to and after a hearing, may
vary the application of any provisions of the Florida Building Code and Florida Fire Prevention Code as
incorporated by Division 1 18. of this Code o,.,,:~. ,--, ........ c .... ,~,,..~ nl,:],~;.l. 0~,~ 0[.'':~. 0 .......
.................. j P!umDing ~ .......
..................~. j ............. e Pool ~"~ to any
Page 64 of 66
Words str'.:ck tkrough are deleted, words underlined are added
particular case when the building board determines that the enforcement thereof would do manifest
injustice, and would be contrary to the spirit and purpose of the code or public interest, or when the
building board determines that the interpretation of the authority having jurisdiction should be modified
or reversed.
SUBSECTION 3.0.
AMENDMENTS TO DIVISION 6.3., DEFINITIONS
Division 6.3, Definitions, of Ordinance 91-102, as amended, the Collier County Land
Development Code is hereby amended to read:
DIVISION 6.3. DEFINITIONS
Sec. 6.3. Definitions:
Automobile Service Station: any commercial or industrial facility wherein the retail sale of gasoline is
conducted. Where the sale of gasoline is provided only as a "secondary function," such as a retail
establishment (i.e. - grocery store or warehouse) that provides gasoline for its customers/members as an
incidental service, the structures and site related to the fuel facility will be considered an automobile service
station.
Bike Lane: a portion of a roadway which has been designed, constructed, and designated by signing and
pavement markings in accordance with the most current "Florida Bicycle Facilities Design Standards and
Guidelines" requirements.
Density, residential: The nmnber of residential dwelling units permitted per gross acre of land and
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 a lot(s) or parcel .(.al. Total residential land area does not include existing platted land area
for vehicular rights-of-way, whether public or private, nor and exclusive cf land within a planned unit
development district that is to be used for commercial or industrial uses. 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, 'an~ 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.
Park, neighborhood: A public park, owned and maintained by Collier County which is intended to serve
the needs of the local community and: is located within the E (Estates) zoning district, or any residential
zoning district or residential component of a Planned Unit Development; is comprised of no more that
five (5) acres of land; access to which is provided through non-vehicular means, with no on-site parking
facilities; and provides only basic park facilities and amenities such as, but not limited to, sidewalks, non-
air-conditioned shelters, bike racks, drinking fountains and playground equipment.
Sidewalk: That portion of a right-of-way or cross or crosswalk, paved or otherwise surfaced, intended for
pedestrian use and also bicycle use, if properly s[ze~. (See division 3.2.)
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
Page 65 of 66
Words :tr'.'-ck tkr.zugl: are deleted, words underlined are added
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 renumbered or relettered to accomplish
such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word.
SECTION SlX: EFFECTIVE DATES
This Ordinance shall become effective upon filing with the Secretary of State, except for the
provisions of Sub-section 3.C. adding Section 2.2.27, pertaining to the Rural Lands Stewardship Area
(RLSA) and corresponding Zoning District Overlay which will become effective upon adoption of this
Ordianance.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this day of ,2003.
ATTEST:
DWIGHT E. BROCK, CLERK
By:.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Deputy Clerk By:
Approved as to form and
legal sufficiency:
TOM HENNING, CHAIRMAN
Patrick G. White
Assistant County Attorney
Page 66 of 66
Words gtr'.'-ck t~rm:g~ are deleted, words underlined are added