Loading...
Ordinance 2003-55ORDINANCE NO. 03- 55 AN ORDINANCE AMENDING ORDINANCE NUMBER 91- 102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICtt INCLUDES THE- COMPREHENSIVE REGUI,ATIONS FOR '1'i I I~.i ~ UNINCORPORATED AREA OF COi,i,IER COUNTY} FI,ORIDA, BY PROVIDING FOR: SECTION ONE}- RECITALS; SECTION TWO, FINDINGS OF FACT[~ SECTION THREE, ADOPTION OF AMENDMENTS TO~i THE LAND DEVELOPMENT CODE, MORI~-~5 SPECIFICALLY AMENDING THE FOLLOWING,~'~'~' ARTICLE 1, DIVISION 1.6, INTERPRETATIONS~ DIVISION 1.8, NONCONFORMITIES; ARTICLE 2, DIVISION 2.2, ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, INCI~UDING REVISIONS TO TilE INDUSTRIAl, ZONING DISTRICT, INCLUDING REVIS- IONS TO TilE BAYSItORE DRIVE MIXED USE OVERLAY DISTRICT, INCLUDING THE GOODLAND ZONING OVERLAY DISTRICT; DIVISION 2.4, LANDSCAPING AND BUFFERING; DIVISION 2.5, SIGNS; DIVISION 2.6, SUPPLEMENTAL DISTRICT REGULA- TIONS; DIVISION 2.7, ZONING ADMINISTRATION AND PROCEDURES; DIVISION 2.8, ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS; ARTICLE 3, DIVISION 3.2, SUBDIVISIONS; DIVISION 3.3, SITE DEVELOPMENT PLANS; AND ARTICLE 6, DIVISION 6.1, RULES OF CONSTRUCTION; DIVISION 6.3, DEFINITIONS; APPENDIX B, TYPICAL STREET SECTIONS AND RIGHT-OF-WAY DESIGN STANDARDS; 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 second 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 Page 1 of 30 Words str'.:zk thr'.~'~:gh are deleted, words underlined arc added 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 September 10, 2003, and October 8, 20()3~ 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 The Board of County Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to prepare and adopt a Comprehensive Plan. 2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla. Stat., mandates that Collier County adopt land development regulations that are consistent with and imPlement the adopted comprehensive plan. 3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the Act. 4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not consistent with the adopted Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent. 5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") Page 2 of 30 Words .zt.".:c!z through are deleted, words underlined are added as its Comprehensive Plan pursuant to the requirements of Sec. 1634.3161 et seq. Fla. Stat., and Rule 9J-5, F.A.C. 7. Sec. 163.3194(1 )(a), Fla. Stat., mandates that after a Comprehensive Plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b). Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991 and may be amended at least 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 INTERPRETATIONS DIVISION 1.6. Division 1.6. Interpretations, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 1.6 INTERPRETATIONS Page 3 of 30 Words s~ack t?,raugh are deleted, words underlined are added Sec. 1.6.3. Procedures. 1.6.3.1. Submission./bt requestfl;r interpretation. Before an interpretation shall be previded ~,, ,~,~ ~--4 ........... ; .... ~; ...... · .... . ,-h:.~c k,,~n; ...... m,.~M ~,:,.~ ......... is ......... a ~equesl~ for interpretation shal! must be submitted lo the planning services director or chief building official ("officials"), ,,.4,:,~.._.,..~ ......, ~, is ~vv,,~,~,~nook~ in a form established by him. Each request must idemil~ the specific land development code or building code citation to be interpreted. Each request for interpretation must be accompanied by the appropriate fee as set fo~h in the fee resolution adopted by the board oF county commissioners. A Pee Kin' lhe request and p:'~cessh:g of the request shah · ,,-,o~''h''' ..... ~ ,,~ ..... ,,~n t-~,~:n ~:k" ,~,,.~ ....... ~m,..~..,.1: ..... , [lnder no circumstances nla~ the request tk)r interpretation contain more than three issues/questions. It must not contain a single question with more than three sub-issues or questions. If it is detemined by the appropriate official that the request for inteipretation contains more than three issues, the applicant will be required to submit a separate request accompanied by the applicable fkes. 1.6.3.2. Determination of completeness. After receipt of a request for interpretation has been appropriate official must shall detemfiue whether the request is complete. If the planning services ......................... ~ ......... .,~;-~l,~ appropriate official detemfines that the request is not complete, he must 'shall serve a written notice on the applicant specifying the deficiencies. The appropriate official planning services director or chief building official, whichever is applicable, will shall take no fimher actiou on the request for inte~retation until the deficiencies are relnedied. SUBSECTION 3.B. AMENDMENTS TO DIVISION 1.8 Division 1.8, Nonconforming Lots of Record, o£ 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. 1.8.10. Nonconforming structures. 1.8.10.2.1. Docks and boathouses are not subject to the provisions of Section 1.8.10.2. Dock~ and boathouses must be reconstructed to conform to the Code only if the reconstruction of the dock or boathouse will expand or alter the original nonconforming facility with regard to deck area~ protrusion, setbacks, or the addition of any covered structure, regardless of the percentage of destruction or repairs performed. The determination of legal nonconforming status will be established bY presentation of a signed, sealed survey, a cor~y of the Property Appraiser's record, or other dated photography or documentation showing that the facility existed in its present location and configuration prior to 1990. Any expansion of the facility, no matter how insignificant will void legal nonconforming status and require strict compliance to the Code. SUBSECTION 3.C. AMENDMENTS TO DIVISION 2.2., ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS Page 4 of 30 Words st.'ack through are deleted, words underlined are added DIVISION 2.2., Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards, of Ordinance 91-102, as amended, of the Collier Cotmty Land Development Code, is hereby amended to read as follows: DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES,CONDITIONAl, USES, DIMENSIONAI~ STANDARDS Sec. 2.2.16. Industrial District 2.2.16.2.1. Pcrmittcd 20. Gunsmith shops (groups 7699) _,at. 21. Heavy construction (groups 1611--1629}. 22. Health services (8011 accessory to indust,'ial activities conducted on-site only). 23. Industrial and commercial machinery and computer equipment (3511--3599). 24. Insurance agents, brokers, and service, including Title insurance (group 6361 and 6411). ~ 25__:. Leather and leather products (groups 3131--3199). ~.. 26_._:. Local and suburban transit (groups 41 i 1--4173). gg. 27~. Lumber and wood products (groups 2426, 2431--2499). 27. 28_._~. Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks (groups 3812--3873). 28.29___:. Membership organizations (groups 8611,8631 ). 29.30._~. Miscellaneous manufacturing industries (groups 3911--3999). ~9. 31__~. Miscellaneous repair services (groups 7622--7699) with no associated retail sales. 31.32__~. Motor freight transportation and warehousing (groups 4212, 4213 4225, 4226 except oil and gas storage, and petroleum and chemical bulk stations). 32.33__:. Outdoor storage yards pursuant to the requirements of section 2.2.151/2.6. 33.34__:. Paper and allied products (2621--2679). 34.35__:. Personal services (groups 7211--7219). 35.36__:. Physical fitness facilities (group 7991 ). 3~. 37_~. Printing, publishing and allied industries (groups 2711--2796). 37.38.__~. Railroad transportation (4011, 4013). 2g. 39__,. Real estate brokers and appraisers (6531). egt~40.__,. Rubber and miscellaneous plastics products (groups 3021, 3052, 3053). 41. Shooting range, indoor (group 7999). 40=. 42. Stone, clay, glass, and concrete products (groups 3221, 3251, 3253, 3255--3273, 3275, 3281). Page 5 of 30 Words sm:ck t?c,w-'-gh are deleted, words underlined are added ~ 43. Textile mill products (groups 2211 --2221, 2241---2259, 2273--2289, 2297, 2298). 44. Title abstract offices (group 6541 ). ~ 45. 'l'ransporlalion equipmcnl (groups 3714, 3716.. 3731, 3732, 3751, 3761, 3764, 3769, 3792, 3799). 4&. 46. Transportation by air (groups 4512--4581 ). 44:. 47. Transportation services (groups 4724---4783, 4789 except stockyards). 4&. 48. United States Postal services (4311 ). 46:. 49. Welding repair (7692). 45. 50:..Wholesale trade--Durable goods (groups 5012--5014, 5021--5049, 5063--5092, 5094 - 5099). 51. Wholesale trade -nondurable goods (groups 5111---5159, 5181, 5182, 5191 except Ihat wholesale distribution of chenficals, fertilizers, insecticides, and pesticides must be a minimum of 500 feet from a residential zoning district (5192--5199). Sec. 2.2.33. Bayshore Drive Mixed Use Overlay District 2.2.33.22.13. Garages and Drivew~o,s. 1. The rear setback may be reduced to ten feet if a front-access garage is constructed on the rear of the residence. 2. r-. ...... ,~ ..... ~'~" ~' .... a .... : ....... ~,~,~ ^c ~r~ r~, The maximum width of garage doors is 16 feet. Only one driveway is allowed per 50 linear feet of front property line. T~e driveway ska!! ....................................... ~,,~ area. The maximum width of the driveway at the right-of-way line is 18 feet. 4. Other than the permitted driveway, the front yard may not be paved or otherwise used to accommodate parking. 5. Garages ssa!! must be recessed a minimum of three feet behind the front Ihcade of the primary residence. 6. No carports are permitted. The distance from the back of the sidewalk to the garage door must be at least 23 feet to allow room to park a vehicle on the driveway without parking over the sidewalk. Should the garage be side-loaded there must be at least a 23-foot paved area on a perpendicular plane to the garage door or plans must ensure that parked vehicles will not interfere with pedestrian traffic. Sec. 2.2.34. Goodland Overlay 2.2.34.4. Development criteria. The development criteria and standards for each zoning district in Goodland as provided for in this Code shall apply for all uses and structures in this overlay district unless specifically superseded below. 2.2.34.4.1. subdistrict: Reserved. Permitted uses. The following uses are permitted as of right in this Page 6 of 30 Words s~ack through are deleted, words underlined are added 2.2.34.4.2. Conditional uses. The following uses are permitted as conditional uses in this subdistrict: a. Clam nursery, subject to the following restrictions: 1) A "clam nursery" is defined as the growing of clams on a "racexvav" or "flow- through saltwater system" on the shore of a lot until the clam reaches a size of approximately one-half inch. 2) For the purposes of this section, a "raceway" or "flow-through salt water system" is defined as a piece of plywood or similar material fashioned as a table-like flow through system designed to facilitate the growth of clams. 3) At no time may a nursery owner operate a raceway or raceways that exceed a total of 800 square feet of surface area. 4) The nursery must meet the requirements of a "minimal impact aquaculture facility" as defined by the Department of Agriculture. 5) Thc nursery must not be operated on a vacant lot, unless both of the following requirements are met: i. The vacant lot is owned by the same individual who owns a lot with a residence or habitable structure immediately adjacent to the vacant lot; and ii. The vacant lot must not be leased to another individual for purposes of operating a clam farm within the RSF-4 and VR zoning districts. 6) At uo time will a nursery owner be allowed to feed the clams, as the clams will be sustained from nutrients occurring naturally in the water. 7) Only the property owner or individual in control of the property will be allowed to operate a raceway on the shore off his property within the VR and RSF-4 zoning districts. In other words, a landowner must not lease his properly to another individual to use for purposes of operating a clam nursery. 8) Any pump or filtration system used in conjunction with the nursery must meet all applicable County noise ordinances and must not be more obtrusive than the average system used for a non-commercial pool or shrimp tank. 2.2.24.4.!. 2.2.34.4.3. Maximum building height. As provided for in the Village Residential zoning district for each permitted, accessory, and conditional use provided that no residential building may contain more than two levels of habitable space. 2.2.24.4.2.2.2.34.4.4. Minimum lot requirements. As provided for in the Village Residential zoning district for each permitted, accessory, and conditional use except for the following: a. Single family/mobile home: Minimum lot area: 4,275 square feet. Minimum lot width: 45 feet. 2.2.24.4.2.2.2.34.4.5. Minimum lot requirements. As provided for in the residential single family district (RSF-4) for each permitted, accessory, and conditional use except for the following: a. Minimum lot area: 5,000 square feet. b. Minimum lot width: 50 feet. 2.2.24.4.4.2.2.34.4.6. Minimum yard requirements. As provided for in the residential single family district (RSF-4) for each permitted, accessory, and conditional use except for the following: a. Side yard: Five feet. 2.2.34.5. Parking/storage of major recreational equipment and, personal vehicles, and certain commercial vehicles. 2.2.34.5.1. Within the VR and RSF-4 zoning districts, except for specifically designated travel trailer subdivisions, boats, trailers, recreational vehicles and other recreational equipment may be stored in any yard subject to the following conditions. Page 7 of 30 Words s~ack through are deleted, words underlined are added N-c, rRecreationai equipment ,~a!! must not be used for living, slceping, purposes when parked or stored. or housekeeping b. Na rRecreational vehicles or equipment s!m!! nmst not exceed 35 feet in length. Na rRecreational vehicle_s or equipment gka!! must not be parked, stored ~or encroach in any county right-of-way easement. d. Recreational vehicles or equipment that exceed 35 feet in length s?.a!! will be subject to the provisions of subsection 2.6.7.2 of this Code. 2.2.34.5.2. Personal vehicles may be parked in drainage swales in the VR and RSF-4 zoning districts subject to the following conditions. a. No vehicle shall block or impede traffic. 2.2.34.5.3. Commercial vehicles 35 feet in length or less will be allowed to park at the owq~er's home and in the drainage swale subject to the following conditions: a. No vehicle shall block or impede traffic; b. Drainage must not be blocked or impeded in any way as a result of the parking in the swales; c. Parking will only be permitted in driveways and not in yard areas; and No more than two commercial vehicles may be parked at one residence/site, unless one or more of the vehicles is engaged in a construction or service operation on the residence/site xvhere it is parked. The vehicle engaged in this service must be removed as soon as the construction or sen, ice is completed. For purposes of this subsection only, a commercial vehicle is defined as a van, pickup truck, or passenger car used for commercial purposes and licensed by the Department of Transportation. A vehicle is not considered a commercial vehicle merely by the display of a business name or other insignia. No other commercial vehicle, such as dump trucks, cement trucks, forklifts or other equipment used m the construction industry will be allowed to park at a residence or site overnight unless specifically approved by the planning services director. 2.2.34.6.2. Parcels located off of Bayshore Drive are allowed to retain any sheds that were constructed prior to [the effective date of this ordinance]. Storage sheds for fishing and boat equipment on the boat dock parcels off of Bayshore Drive constructed after [the effective date of this ordinance] are permissible if they comply with the following requirements: 1. The appropriate building permit must be obtained. 2. Bayshore Drive setback: ten feet. 3. Waterfront setback: ten feet. 4. Side yard setback: 0 feet. 5. Maximum size of shed: 144 square feet. 2.2.34.7. Sign requirements. All signs existing as of [the effective date of this ordinance] in Goodland are exempt from the requirements of the Collier County sign ordinance (Division 2.5) for five years from [the effective date of this ordinance] or until the sign is destroyed, whichever comes first, Alay siglls ~:onstru~tcd after [~h¢ effective date of the ordinance] must strictly comply with Division 2.5. Sign maintenance is limited to painting existing signs. All other maintenance or repairs will' void the exemption and require the owner to construct a sign that strictly adheres to Division 2.5. in the event that the owner wishes to have a sign. SUBSECTION 3.D. AMENDMENTS TO DIVISION LANDSCAPING AND BUFFERING Page 8 of 30 Wordsg~ackt~raag~ are deleted, words underlined are added DIVISION 2.4., Landscaping and Buffering, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.4. I~ANDSCAPING AND BUFFERING Sec. 2.4.3. Procedures. 2.4.3.1. Landscape plan required. Prior to the issuance of any preliminary subdivision plat, final site development plan, or building permit, an applicant whose development is covered ay the requirements of this section sba!! must submit a landscape plan to the planning services director. The landscape plan sba!! must beat' the seal of a Landscape Architect registered in the State of Florida. The landscaping required for single-family, two family, and mobile home dwelling units s!m!! must be sho,an on the building pemlit plot plan. This plan is not required to beat' the seal ora landscape architect. The landscape plan sba!! must be drawn to a suitable scale, include dimensions, north arrow, date, title, project owner's name, delineate the existing and proposed parking, vehicular use areas, buildings, access points, and roadways, show all utility lines or easements, and show the location of existing and proposed planting areas and vegetation commmfities and designate them by species name. Tile code-required landscaping si:all must be highlighted or indicated on the plan to differentiate from the applicant's provided landscaping that is in addition to that required by this Code. Design creativity is encouraged so long as it meets the intent of this Code. The plan shall must show tile location of permanent vegetation protection devices, such as barricades, curbing, and tree wells. The plan shall must also include a chart plant legend indicating graphic plant symbol, botanical and common name, quantity, height, spread, spacing, native status, drought tolerance rating (as defined by "Xeriscape Plan Guide II" published by South Florida Water Management District, West Palm Beach, FL) and type of mulch. The plan shall must show tree and palm staking details per accepted industry practices and standards. In addition, a tabulation of tile code-required landscaping indicating the calculations necessary to insure compliance with this Code si:a!! must also appear. A certificate of occnpancy shah must not be issned until approval of the landscaping plan and installation of plants and materials consistent with that approved plan has been completed and inspected by the County. 2.4.3.1.1. Public Educational Facilities and Plant, Ancillao' Plant, anti Auxiliar[, FacilitF. Essential services including Collier County Public Schools (CCPS) / public Educational and Ancillary Plants, and other public facility projects developed jointly with CCPS may demonstrate that the intent of this division can be effectively accomplished without meeting specific development standards. The applicant must request an administrative review of the alternative design, as outlined in Section 2.4.3.1.1.1. of the Code. The deviations are limited to quantity of plant material and the School district must demonstrate that the deviation is necessary as a result of an educational program or ioint use of the school site with another public facility or use. 2.4.3.1.1.1. Procedure. In addition to the base submittal requirements, applicants shall clearly label the plan submitted as an "Alternative Landscape Code Plan". This plan shall reference the deviations on the plan. An applicant must submit a narrative description identifying the code development standards required by this section which will be addressed through the alternative approach. The planning services director will administratively review submittal documents for consistency with the intent of this division. If the plan is approved through this provision, the approved deviations must be specifically noted and the basis of the approval must be stated within the site development plan approval letter. Deviations approved will be applicable only to the specific design and plan reviewed. Modifications of an approved design will void the deviation request and require resubmittal to planning services staff for re-evaluation of the request in the context of the amended design and plan. 2.4.3.1.1.2. Exemption. An administrative deviation is not required for specific standards relating to placement of plant materials if the intent of the division can nonetheless be carried out without meeting these standards. The intent of the division can be demonstrated by detailing a specific health, safety, or welfare concern as defined by SREF or as may be unique to a specific site or educational program that would override the need to provide plant materials. A copy of SREF, as may be amended, is Page 9 of 30 Words stn:'ck thre, ugh are deleted, words underlined are added available in the records room in the Community Development and Environmental Services Division Building. 2.4.3.5. Installation. Prior to the issuance of any certificate of occupancy tbr a use required to provide landscaping and irrigation in accordance with this section, ail required landscaping and irrigation shall be installed and in place as set out in the plans approved under subsections 2.4.3.1 and 2.4.3.2. All plant materials mnst be installed in accordance with accepted landscape practices in the area and meet the plant material standards contained in Section 2.4.4. Plant materials shall be installed in soil conditions that are conducive to the proper growth of the planl material. Limerock located within planting areas shall be removed and replaced with native or growing quality soil betbre planting. A plant's growth habit shall be considered in advance of coullicls which might arise (i.e. views, signage, overhead power lines, lighting, circulation, etc.), Trees shall not be placed where they interfere with site drainage, subsurface utilities, or overhead utility'lines, or where they shall require frequent pruning in order to avoid interferences with overhead power lines. Tree and parking lot / pole lighting locations shall be designed so as not to conflict with one another. Parking lot / pole lighting shall not be located in landscape islands with trees and shall be located a minimum of 12.5 feet from the trunk ora tree. (See Figure [X] below). COMPA'T"J:BLE TREE ANb LI:. H'T"J:N6, bE$'r6N Figure[X] Compatible Tree and Lighting Design Trees shall not be planted in areas that retain excessive quantities of water or will require excessive amounts of fill placed over the root system that will affect the health of the tree species. Required landscaping shall not be placed within easements without written approval from all entities claiming an interest under said easement. All trees and palms shall be properly guyed, braced and/or staked, at the time of planting to ensure establishment of the tree or trees and erect growth. Nail staking or other methods that cause cosmetic or biological damage to the tree are prohibited. Trees shall be re-staked within 24 hours in the event of blow-over or other failure of the staking and guying. Staking shall be removed between six and 12 months after installation. All required landscaping shall be installed in accordance with plans approved under section[s] 2.4.3.1 and 2.4.3.2. Landscaping within a subdivision development shall be guaranteed by a subdivision completion bond in accordance with division 3.2 governing the final platting of subdivision. Page 10 of 30 Words smack t~roug!: are deleted, words underlined are added All required landscaping shall be maintained in a healthy condition in perpetuity as per tile approved building and site plans. Code Enforcement may investigate deficiencies in approved landscaping and institute corrective action to insure compliance with this Code. In instances where an act of God or conditions outside the control o f the applicant have presented immediate installation, the planning services director, if fin'nishcd with a statemcnt which includes good and sufficient evidence that states that tile required plantings will bc installed when conditions permit, may issue a temporary certificate of occupancy, if thc required plantings arc not installed when conditions permit, then the county may revoke thc certificate of occupancy. 2.4.4.2. Trees and pahns. All required new individual trees, shall be species having an average mature spread or crown of greater than 20 feet itl the Collier County area and having trunk(s) which can be maintained ill a clean condition over five feet of cleat' wood. Trees adjacent to walkways, bike paths and rights-of-way shall bc maintained itl a clean condition over eight feet of clear wood. Trees having an average mature spread or crown less than 20 feet may be substituted by grouping the same so as to create the equivalent of 20-foot crown spread. For code-required trees, at least 50 percent of the trees at the time of installation shall be a minimum of ten feet in height, have a I 3/4-tach caliper (at 12 inches above the ground) and a lbur-foot spread. The remaining code-required canopy trees, at the time of installation, shall be at least eight feet in height, have a I 1/2-inch caliper (at 12 inches above the ground) and a three-foot spread. A grouping of three palm trees will be the equivalent of one canopy tree. Exceptions will be made for Roystonea spp. and Phoenix spp. (not including roebelenii) which shall count one palm for one canopy tree. Palms may be substituted for up to 30 percent of required canopy trees with the following exceptions. No more than 30% of canopy trees may be substituted by pahns (or palm equivalents} within the interior of a vehicular use area and within each individual Type D road right-of way landscape buffer. Palms must have a minimum often feet of clear trunk at planting. All new trees, including palms, shall be of a species having an average mature height of 15 feet or greater. 2.4.5.4. Green space required in shopping cente~:s' and.fi'eestanding retail establishtnents with afloor area greater than 40,000 square feet. An area that is at least seven percent of the size of the vehicular use areas s!m!! must be developed as green space within the front yard(s) or courtyards of shopping centers and retail establishments and shall be in addition to the building perimeter planting area requirements. The courtyards shall must only be located in areas that are likely to be used by pedestrians visiting the shopping center and retail establishment. The seven percent green space area shall must be in addition to other landscaping requirements of this .... o'l-,~ 11 division, o~,~ may be used to meet the open space requirements (section 2.6.3.2), and ...... must be labeled "Green Space" on all subdivision and site plans. The interior landscape requirements of these projects shall be reduced to an amount equal to five percent of the vehicular use area on site. Green space s~a!! must be considered areas designed for environmental, scenic or nonconm~ercial recreation purposes and shall be pedestrian-friendly and aesthetically appealing. Green space may only include the following: lawns, mulch, decorative plantings, nonprohibited exotic trees, walkways within the interior of the green space area not used for shopping, fountains, manmade watercourses (but not water retention areas), wooded areas, park benches, site lighting, sculptures, gazebos, and any other similar items that the planning services director deems appropriate. Green space shall must include: walkways within the interior of the green space area not used for shopping, a minimum of one foot of park bench per 1,000 square feet of building area, and a minimum of one tree or palm for each 250 square feet of green space area. The green space area shall must use existing trees where possible and landscaping credits will be allowed as governed by table 2.4.4. The green space areas s~a!! must be located in areas that are in close proximity to the retail shopping area. Benches may also be located in interior landscaped areas and 75 percent of benches may be located adjacent to the building envelope along paths, walkways and within arcades or malls. 2.4.5.5. Landscaping required for Division 2.8 buildings over 20, 000 square feet. The following requirements will be counted toward the required greenspace and open space requirements of Division 2.4. of this Code. t. Trees in vehicular use areas must be a minimum of 14 to 16 feet height with a six-foot to eight-foot spread and a three- to four-inch caliper and must have a clear trunk area to a height of six feet. 2. The first row of landscape islands located closest to the building front and sides must be landscaped with trees, palms, shrubs and groundcovers and must have a clear trunk area to a height of seven feet. Page 11 of 30 Words :~,:'ck t?ae',:gh are deleted, words underlined are added 2.4.6.6. Buihting/;e:'imcte;' fimndation phmtin.g areas.Fh:;:ti::g.v. All shopping center, retail, office, apamncuts, condominiums, clubhouses and similar rises s~a!! musl provide building v-'""-'-'; ....... foundation.plantings iu the amount of ,~aa square c,~,, ....... v-, ~,aaa, ~ o-t~-'- ....... ,,~,r~' ten. . percent of proposed building ground level floor area. These planting areas shall must be located adjacent to the primary public building entrance(s) and/or primary street elevation and shall nmst cortsist of landscape areas, raised planters or planter boxes that are a minimum of five-feet wide. These areas must be landscaped with trees and/or palms in the amount of one tree or pahn equivalent per 250 square feet; shrubs and ground covers other than grass. Water management areas shall must not be a part of this i;,ve fa,et planting area. Parking lot islands will not count towards this requirement. 2.4.6.7. Building foundation planting requirements fi)r tall buiMings greater than 3 stories or 35 feet in height; and/or Division 2.8 buihlings with a footprint greater than 20,000 square ~'el and/or parking garage .sD'uctttrex. Note: buiMingx stth/cct to the requirementx of this section are no! subject to the requirements of the previous section 2.4.6.6. (a) The minimum width of building foundation planting areas must be measured from the base of the building and nmst relate to the adjacent building's wall height as herein defined as follows: Adjacent Building's Wall Height: Building height wall less than 35 feet Building wall height between 35 feet and 50 feet. Building wall height greater than 50 feet. Foundation Planting Width (contiguous around perimeter of building): !0 fee_____!~t 15 feet 20 feet. (b) Trees required by this section must be of an installed size relating to the adjacent building's wall height, as defined below: Building's Wall Tree Height (feet) Tree Canopy Palm Height Hei.ght (fi, et) SI,'ead (feet) ({'eeO 35 to 50 14 to 16 7 1__~6 greater than 50 16 to 18 8 2__Q 2.4.7.2. Applicabilio,. The buffering and screening shown in table 2.4 shall be required under this section and shall apply to all new development. Existing landscaping which does not comply with the provisions of this section shall be brought into conformity to the maximum extent possible when: the vehicular use area is altered or expanded except for restriping of lots/drives, the building square footage is changed, or there has been a discontinuance of use for a period ofgO 6__Q_0 consecutive days or more and a request for an occupational license to resume business is made. 2.4.7.3. Standards. Unless otherwise noted, all standards outlined in section 2.4.4 aha!l apply. Trees and shrubs shall must be installed at the height specified in section 2.4.4.2. Water management systems, which shall must include retention and detention areas, swales, and subsurface installations, ahal! hz are permitted within a required buffer provided they are consistent with accepted engineering and landscaping practice and the following criteria: 1. Water management systems shall must not exceed 50 percent of the square footage of any required side, rear, or front yard landscape buffer. 2. Water management systems shall must not exceed, at any location within the required side, rear, or front yard landscape buffer, 70 percent of the required buffer width. A minimum five-foot wide 10:1 level planting area shall be maintained where trees and hedges are required. 3. Exceptions to these standards may be granted on a case-by-case basis, evaluated on the following criteria: Water management systems, in the form of dry retention, may utilize an area greater than. 50 percent of the buffer when existing native vegetation is retained at natural grade. Page 12 of 30 Words s~ack through are deleted, words underlined are added For lots of record 10,000 square feet or less in size, water management areas may utilize an area greater than 50 percent of the required side and rear yard buffers. A level planting area of at least three feet in width s!m!! must be provided in these buffers. 4. Sidewalks and other impervious areas ,q:a!! nmst not occupy any part of a required Alternative A, B, C, or D type buffer, except when: a. Driveways and sidewalks are constructed perpendicular to the buffer and provide direct access to the parcel. b. Parallel meandering sidewalks occupy the butfer and its width is increased by the equivalent sidewalk width. c. A required 15-20 foot wide buffer is reduced to a minimum of ten feet wide and is increased by the five to ten foot equivalent width elsewhere along that buffer. 2.4.7.3.1. Natural ami manmade bodies of water including retentioa areas fi,' all devebqmwntx .s'uhjcct to Divixion 2.8. 1. Configuration of water management areas. The shape of a manmade body of water, including retention and detention areas, must be designed to appear natural with curvilinear edges. See "Body of Water Shapes" figure below. An alternative design may be approved as a part of the design of the building, if the design of the water management area is related to the architectural design of the building. Page 13 of 30 Words sWack through are deleted, words underlined are added 0 100 10' offsct~ DO TH]:S -j 0 ti:X]-- ~-- §0 I I I I I i I DON'T DO THT$ -~'' 100 BODY OF WATER ,.SHAPE5 Figure [Y1- Body of Water Shapes 2. Water management areas within the front yards. Narrow and steep water management areas are prohibited within the front yards that lie between the primary_ facades of a building and a public and private street. These narrow and steep water management areas are defined as 12 feet or less in width with maximum slope of 4 to 1. 3. Required amenities. The following standards apply to deten[ion and retention areas exceeding twelve feet in width. All bodies of water, including retention areas exceeding 20,000 square feet, and which are located adjacent to a public right-of-way, must incorporate into overall design of the project at least two of the following items: a. A walkway 5 feet wide and a minimum of 200 feet long, with trees of an average of 50 feet on center and with shaded benches, a minimum of 6 feet in length or picnic tables with one located every 150 feet. b. Fountains. c. Partially shaded plaza/courtyard, a minimum of 200 square feet in area, with benches and/or picnic tables adjacent to the water-body, or retention areas. Page 14 of 30 ..... ~ are deleted, words underlined are added Words ....... TABLE 2.4 TABLE OF BUFFER REQUIREMENTS BY LAND USE CLASSIFICATIONS Adjacent Pro?erties District Subjec I 2 3 4 5 6 7 8 9 10 11 12 13 14 t Proper ty's Distric t/Use 1. B B B B B A A A A D A A Agricu lture (AI) 2. A A B B B B B C B * D B ' C Reside ntial (E, RSF) single- family 3. A B A N A B B B B * D B C Reside ntial (RMF- 6, RMF- 12, RMF- 16) muitif amily 4. A B A A B B A B B * D B - B Reside ntiai tourist (RT) 5. A A B B A B B B B * D B B Villag e reside ntiai (VR) 6. A B B B B A B B B * D B B B Mobil e home (MH) 7. A B B B B B A A A * D B B B Comm ercialy' 1, C~ l/T, C-2, C-3, C-4, c-5); Busine ss Park (BP) 8. A C B B B B A A2 A * D~ B B B Indust rial2 (I) Page 15 of 30 Words ztmck thrc, ugh are deleted, words underlined are added 9. A B B B B B A A A * D B C Public use (P), comm unity facility (CF), Golf Gouts e Clubh ouse, Ameni Center 10. * * * * * * * * * * D * * * Plarme d unit develo pment (PUD} 11. D D D D D D D D D D B D Vehic ular rights- of-way 12. B B B B B B B B B B B A B C Golf course mainte nance buildi ng 13. - - B - C Golf course 14. A C C B B B B B C * D C C D Autom obile servic station The letter listed under "Adjacent Properties District" 'shall be i_._s the landscape buffer and screening alternative required. The "-" symbol shall represent that no buffer is required. Thc PUD district buffer, due to a variety of differing land uses, is indicated by the "*" symbol, and sba!! must be based on the landscape buffer and screening of the district or use with the most similar types, densities and intensities of use. Where a conflict exists between the buffering requirements and the yard requirements of this Code, the yard requirements of the subject zoning district shall apply. IBuffering in agriculture (A) districts shall be applicable at the time of site development plan (SDP) submittal. 2Industrial (I) zoned property, where abutting industrial (I) zoned property, shall be required to install a minimum five-foot-wide type A landscape buffer adjacent to the side and rear property lines. This area shall not be used for water management. In addition, trees may be reduced to 50 feet on center along rear and side perimeter buffers only. This reduction in buffer width shall not apply to buffers adjacent to vehicular rights-of-way or nonindustrial zoned property. 3Buffer areas between commercial outparcels located within a shopping center may have a shared buffer 44~ 15 feet wide with each adiacent property contributing 7.5 feet. This does not apply to right-of-way buffers. Page 16 of 30 Words strack through are deleted, words underlined are added ~Refer to section 2.6.28 for automobile service station landscape requirements. 2.4.7.5. "Collier CounO, Streetscape Master Plan- and the "Golden Gate Communi_ty Roadways Beautification Master Plan." Street corridors identified in the "Collier ~ County Streetscape Master Plan" and the "Golden Gate Community Roadways Beautification Master Plan," including areas within the right-of-way and on required buffers adjacent to the right-of-way, shall adhere to the requirements of the 2Collier Nap!e.~cape 90'~ County Streetscape Master Plan" and the "Golden Gate Community Roadways Beautification Master Plan." Notwithstanding the above, for required landscape buffers adjacent to any right-of-way, the requirements of the '_'Collier County Nap!escape 90's Streetscape Master Plan" and the "Golden Gate Community Roadways Beautification Master Plan" shall apply at the time of issuance of any related subsequent development order including construction plans attendant to the approval of a final plat and or a final site development plan. Where the application of said £treetscape Master Plan standards and requirements is questioned, an official interpretation of the planning services director pursuant to section 1.6.1 of the Collier County Land Development Code may be requested. Further, the interpretation of the planning services director may be appealed to the board of zoning appeals as prescribed by section 1.6.6 of the Land Development Code. SUBSECTION 3.E. AMENDMENTS TO DIVISION 2.5. SIGNS DIVISION 2.5., Signs, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.5. SIGNS Sec. 2.5.5. Permitted signs. 2.5.5.2. Signs within non-residential districts: 2.5.5.2.5.9. Special purpose signs (on-site). Due to the unique and varied nature of the following uses, additional signs may be required to provide the desired level of service to the public. Special purpose signs shall be permitted as follows: 2.5.5.2.5.9.1. Time and temperature signs. One time and temperature sign having a surface area not exceeding 12 square feet shall be permitted at each industrial, commercial or other non- residentially zoned property. Such signs may be affixed to the structure of a pole or ground sign. Such sign shall require a building permit. 2.5.5.2.5.9.2. Barber Pole signs. All traditional size (not more than 54 inches in height and not more than 6 inches in diameter) and style barber poles which contain any illuminated moving or rotating part may be permitted as a lawful sign if the following and all other applicable requirements are met: 1. The barber pole sign is attached to the exterior wall of an establishment providing the services of a licensed barber; 2_.: Each such establishment (barbershop, salon, etc.) is limited to only one barber pole sign; Page 17 of 30 Words ....... t.~cm:g~ are deleted, words underlined are added 3. No barber pole sign may move or rotate except when the establishment is open and providing the services of a licensed barbeq and 4. All barber pole signs that illuminate, whether or not they rotate, otherwise comply with sec. 2.5.5.2.5.13. for illuminated signs. Sec. 2.5.7. Prohibited signs. It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, any sign not expressly authorized by, or exempted from this Code. The following signs are expressly prohibited: 2.5.7.1. County. Signs which are in violation of the building code or electrical code adopted by Collier 2.5.7.2. Abandoned signs. 2.5.7.3. Animated or activated signs, except special purpose time and temperature signs, and barber pole signs complying with sec. 2.5.5.2.5.9.1. & 2., respectively 2.5.7.4. Flashing signs or electronic reader boards. 2.5.7.5. Rotating signs or displays, except barber pole signs complying with sec. 2.5.5.2.5.9.2. SUBSECTION 3.F. AMENDMENTS TO DIVISION 2.6., SUPPLEMENTAl, DISTRICT REGULATIONS DIVISION 2.6., Supplemental District Regulations, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS Sec. 2.6.11. Fences. 2.5.1 I.~..I.. Industrial Districts f/Non-residential development]. Fences or walls in carr~'v, ercia! and industrial districts not subject to Division 2.8 shall be limited to eight feet in height. 2.5.!!A.2. 2.6.11.4.1. Walls and fences required contiguous or opposite residentially zoned districts. 2.6.11.5. AH districts. Whenever a property owner elects to erect a chain link fence pursuant to the provisions of section 2.6.11 adjacent to an arterial/collector road in the urban coastal area said fence shall not be located nearer than three feet to the right-of-way/property line, and said fence shall be screened from view by planting a vegetative hedge a minimum of 30 inches in height at planting spaced at a distance that will achieve an opacity rating of 80 percent within one year of planting. An irrigation system shall be installed to insure the continued viability of the vegetative hedge as a visual screen of the chain link fence. This regulation shall not apply to single family Page 18 of 30 Words s~ack tbreugh are deleted, words underlined are added homes. 1. Structures subject to Division 2.8 Architectural & Site Design Standards shall comply with the jbllon'in,q additional fimcing stamh~rds: a. Chain link and wood fences are prohibited forward of the primary faqade and must be a minimum of 100 feet from a public right-of-way. Chain link and wood fencing facing a public or private street shall be screened with an irrigated hedge planted directly in fi'ont of the fence on the street side. Plant material shall be a minimum of 3 gallon in size and planted no more than 3 feet on center at time of installation. This plant material shall be maintained at no less than three- quarters of the height of the adjacent fence (See Illustration 6.1). b._.: Fences forward of the primary faqade, excluding chain link and wood are permitted under the following conditions: ( 1 ) Fences shall not exceed 4 feet in height. (2) The fence provides either an open view at a minimum of 25 percent of its length or provides variation in its height for a minimum of 15 percent of its length with a deviation of at least 12 inches. {3) The fence style must complement building style through material, color and design. SUBSECTION 3.G. AMENDMENTS TO DIVISION 2.7., ZONING ADMINISTRATION AND PROCEDURES DIVISION 2.7., Zoning Administration and Procedures, of Ordinance 91- 102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES Sec. 2.7.2. Amendment Procedures. 2.7.2.3.5. Public participation requirements for rezonings, PUD amendtnents, conditional uses', variances or parking exemptions. 1. Applicants requesting a rezoning, PUD amendment, or conditional use approval shall must conduct at least one Neighborhood_Informational _Meeting ("NIM"~ -';~;~,,,~.... ~^ ~a~ '~ ..... ~.c -~-v,:~' ~.~v · ~ ........... c~,o ~:,~ review ~-'~ ........... ~' .... u~.:~ after initial staff review and comment on the application and before the Public Hearing is scheduled with the Planning Commission. The appropriate number of staff reviews of the application returned before the NIM can be held, will be at the discretion of the current planning manager, only in cases where one or two pending reviews are unnecessarily hindering the applicant from presenting the proposal to the public. Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the county pursuant to section 2.7.2.3.2. Notification shall also be sent to property owners, condominium and civic associations whose members are impacted by the proposed land use changes and who have formally requested the county to be notified. A list of such organizations s~a!! must be provided and maintained by the county, but the applicant shall must bear the responsibility of insuring that all parties are notified. A copy of the list of all parties noticed as required above, and the date, time, and location of the meeting, shall must be furnished to the planning services department and the office of the board of county commissioners no less than ten days prior to the scheduled date of the neighborhood informational meeting. The applicant .shall must make arrangements for the location of the meeting. The location :he'-'-!~ must be reasonably convenient to those property owners who are required to receive notice and the facilities :~a!! must be of sufficient size to accommodate expected attendance. The applicant :~a!! must further cause a display advertisement, one-fourth page, in type no smaller than 12 point and z~a!! must not be placed in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, and time of the meeting, and legible site location map of the property for which the zoning change is being requested. The advertisement is to be placed within a newspaper of general circulation in the county at least seven days prior to~ but not sooner than ten days before, the neighborhood informational meeting. The Collier County Page 19 of 30 Words .sm:ch ~czugh are deleted, words underlined are added staff planner assigned to attend the pre-application meeting, or designee, ssa!! must also attend the neighborhood informational meeting and shall serve as the facilitator of the meeting, however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape tile proceedings of tile meeting and to provide a copy of same to the planning services department. 3. Any applicant requesting variance approval or parking exemption approval s!m!! must provide documentation to the planning services department indicating that property owners within 150 feet of the subject site have been advised of the extent and nature of the variance or parking exemption requested within 30 days of receipt of a letter indicating that the application is sufficient. 4. Where it has been determined that there is a property owner, functioning condominium or civic association who has made formal request of the county to be notified, then the applicant s!:a!! must provide va'itten documentation to the planning services department indicating that such property owner or organization has also been notified concerning the extent and nature of the variance or parking exemption requested. The applicant gl:a!! must provide a written account of the result of such noticing and shall submit any and all written communications to the planning services department. A list of property owners, homeowner or condominium associations notified and any other written communications s!:a!! must be submitted to the planning services department at least two weeks prior to the scheduled date of the first advertised public hearing. Sec. 2.7.3. Planned unit development (PUD) procedures. 2.7.3.6. Monitoring requiretnents. In order to ensure and verify that approved project densities or intensities of land will not be exceeded and that development commitments will be fulfilled, mmual monitoring reports o~.~n must be submitted by the deve!cper/owner{s) er .... h~;-~'~ ..... of a PUD to the pla:mingo~. .... ,.~,o;0~ ~v--'4 .......... ,..,..~ ~_,~,~,'~; ...... Community Development and Environmental Services Division Administrator or his designee. The monitoring report ssa!! must be prepared in a County approved format to include an affidavit executed by the property owner(s) attesting that the information contained in the monitoring report is factually correct and complete, submitted annually, on each anniversary of the date said PUD was approved by the board until the PUD is completely constructed and all commitments in the PUD document/master plan are met (built out). The monitoring report zka!! must.provide the following information: 1. Name of project. 2. Name of owner, ...2.. Number of units, by residential type; square footage and acreage of recreational facilities, commercial and other permitted uses; infrastructure and/or other uses which are complete and approved of or for which a valid permit has been issued, but which have not been completed: and any on-site or off-site commitments completed and approved as of the date of the monitoring report. 4_.:. Up-to-date PUD master plan showing infrastructure, projects/developments, plats, parcels and other pertinent information, including on-site or off-site commitments. 5~ Traffic counts for all access points to the adjacent roadway :v~jer k!gkway network. Copies of all other required monitoring reports completed in the past year (i.e., traffic, weilfield, etc.). Up-to-date PUD document which includes all approved amendments as of the date of the monitoring report. Status of commitments in PUD document, including projected completion dates if then established. 9. Other information as may be required by the -~--: ...... :~ ~F ..... '~: ...... Community Development and Environmental Services Division Administrator or his designee. 10._.~. Affidavit form drafted and supplied by Collier County to be executed by the owner(s) of the PUD. Page 20 of 30 Words .~tr',:c!: tSrm:gS are deleted, words underlined are added Sec. 2.7.7. Affordable housing density bonus. 2.7.7.2. 4[.]brdable housing densiO, bonus program. 2.7.7.2.1. Ove~a'iew. Within most of the coastal urban designated areas identified on the future land use map of the growth management plan, a base density of four residential dwelling units per gross acre is permitted. However, the base density may be adjusted depending on the characteristics of the development. One characteristic of a housing development which would allow the addition of density bonuses in order to increase the density over the base density is the provision of affordable housing in the development. The provision of affordable housing units may add up to eight dwelling units per gross acre to the base density of four residential dwelling units per gross acre, for a total of 12 residential dwelling units per gross acre, plus any. other density bonuses available, and minus any density 'reduction for traffic congestion o:' c~asta! management area required, pursuant to the growth management plato. The total eligible density nmst not t-o exceed a total of 16 dwelling units per gross acre, except as allowed through use of transfer of development rights, as provided for in the growth management plan. Within most of the lmmokalee Urban area, as identified on the Immokalee area master plan future land use map of the gro~h management plan, base densities are four or six or eight residential dwelling units per gross acre. However, the base density may be adjusted depending on the characteristics of the development. One characteristic of a housing development that would allow the addition of density bonuses is the provision of affordable housing in the development. The provision of aflbrdable housing units may add up to eight dwelling units per gross acre to the base density of four, six or eight residential dwelling units per gross acre, for a total of twelve, fourteen or sixteen residential dwelling units per gross acre, plus any other density bonuses available. The total eligible density must not exceed a total of 16 dwelling units per gross acre. Within the Rural Lands Stewardship Area Overlay of the Agricultural/Rural area, as identified on the future land use map of the growth management plan, towns, villages, hamlets and compact rural developments are allowed at a density range of one-half to four dwelling units per gross acre. The allowed density may be adiusted depending on the characteristics of the development. One characteristic of a housing development that would allow the addition of density bonuses is the provision of affordable housing in the development. The provision of affordable housing units may add up to eight dwelling units per gross acre to the allowed density of one-half to four dwelling units per gross acre, for a total of eight and one-half to twelve and one-half residential dwelling units per gross acre, plus any other density bonuses available. 2.7.7.2.3. Preapplication conference. Prior to submitting an application for AHDB, a preapplication conference may be scheduled with the planning ah~v~flopmem services director. If the proposed development is to include affordable housing, the housing and urban improvement d'2rectc, r :ha!! department must participate in the preapplication conference. The preapplication conference provides an opportunity to familiarize the applicant with the AHDB program and provides an opportunity for the county staff to obtain a clear understanding of the proposed development. The AHDB rating system, the AHDB monitoring program, the limitations, criteria, procedures, standard conditions, standard forms, and other information will be discussed and made available to the applicant. Depending on the type of development proposed, the application may +~.~.~..~ +~...~ .~....v^~ ~-,~r ~.~ be combined with, an application for a planned unit development (PUD), a rezone, or a~ AHDE devek'.pment agreement a Stewardship Receiving Area. 2.7.7.2.4. Application. An application for AHDB for a development :ha!! must be submitted to the development services director in the form established by the planning ~ services director. One additional copy of the application as otherwise required :ha!! must be provided for the housing and urban improvement director department. The application shall must, at a minimum, include: 1. Zoning districts proposed by the applicant, if any, on the property and acreage of each; 6. Whether the AHDB is requested in conjunction with an application for a planned unit development (PUD), an application for rezoning, or an application for a Stewardship Receiving Area ~r 7. Any other information which would reasonably be needed to address the request for AHDB for the development pursuant to the requirements set forth in this section. Page 21 of 30 .... t. are deleted, words underlined are added Words ....... t?,rc, ugh 2.7.7.2.6. Review and recommendation by the housing anti urban improvement director. After receipt of a completed application for AHDB, the housing and urban improvement director shall must review and evaluate the application in light of the AHDB rating system, the AHDB monitoring program and the requirements of this division,~,,~,~-a .,:c ~t,v..~.~,_.~:~s'~ The housing and urban improvement director shall must coordinate a rezone with the planuing development services director, and to schedule the AttDB application with the companion application Ibr rezoning~ planned unit development, or stewardship receiving area, and gha!! must recommend to the planning commission and the board of county commissioners to deny, grant, or grant with conditions, the AHDB application. The recommendation of the housing and urban improvement director shah must include a report in support of his recommendation. 2.7.7.2.7. Review and recommendation by the planning commission. Upon receipt by the planning commission of the application for AHDB and the written recommendation and report of the housing and urban improvement director, the planning commission shall must schedule and hold a properly advertised and duly noticed public heariug on the application. If the application has been submitted in conjunction with an application for a PUD, then the hearing shall must be consolidated and made a part of the public hearing on the application for the PUD before the planning commission, and the planning commission shall must consider the application for AHDB in conjunctkm with the application for the P[JD. If the application has been submitted in conjunction with an application for a rezoning, then the hearing shall must. be consolidated and made a part of the public hearing on the application for rezoning before the planning commission, and the planning conmaission shall must consider the application for AHDB in conjunction with the application for rezoning. If the application has been submitted in conjunction with an application for a stewardship receiving area, then the hearing must be consolidated and made a part of the public hearing on the application for stewardship receiving area before the planning commission, and the planning commission must consider the application for AHDB in conjunction with the application for stewardship receiving area.-h: the event that the app!icatien for AHD~ has ..... t-~ ..................................... ~ a property ~-~ shall ..... v.: ---t ............ a ..... as .... After the close of the public hearing, the planning commission shall must review and evaluate the application in light of the requirements of this division and the requirements for a rezoning, PUD rezoning, or stewardship receiving area, as applicable, and shall must recommend to the board of county commissioners that the application be denied, granted or granted with conditions. 2.7.7.2.8. Review and determination by board of county commissioners. Upon receipt by the board of county commissioners of the application for AHDB and the written recommendation and report of the housing and urban improvement director and recommendation of the planning commission, the board of county commissioners shall must schedule and hold a properly advertised and duly noticed public hearing on the application. If the application has been submitted in conjunction with an application for a planned unit development (PUD), then the hearing gha!! must be consolidated and made a part of the public hearing on the application for the planned unit development (PUD) before the board of county commissioners, and the board of county commissioners s~a!! must consider the application for AHDB in conjunction with the application for the planned unit development (PUD). If the application has been submitted in conjunction with an application for a rezoning, then the hearing ska!l must be consolidated and made a part of the public hearing on the application for rezoning before the board of county commissioners, and the board of county commissioners s~a!! must consider the application for AHDB in conjunction with the application for rezoning. If the application has been submitted in conjunction with an application for a stewardship receiving area, then the hearing must be consolidated and made a part of the public hearing on the application for stewardship receiving area before the board of county commissioners, and the board of county commissioners must consider the application for AHDB in conjunction with the application for stewardship receiving ..,:.~ .~ ...... ; ..... .. c ........ ; ...... . ~o ,~ ...... ; ..... +~ ~c,~: .... ,;~. After the close of the public hearing, the board of county commissioners s~all must review and evaluate the application in light of the requirements of this division and the requirements for a rezoning, and shall must deny, grant, or grant with conditions, the application in accordance with the AHDB rating system and the AHDB monitoring program. He:;'ever, if*&e app!icatien for AHDB doe, g not Page 22 of 30 Words str'.,:ck tF~o'--'gh are deleted, words underlined are added SUBSECTION 3.H. AMENDMENTS TO DIVISION 2.8., ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS DIVISION 2.8., Architectural and Site Design Standards and Guidelines for Commercial Buildings and Projects, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS deviation ~:b_'atrat!en ~.I pedes~'.'an use areas of large cc.m.m, ercial buildings and projects. Such landacapfng is ;.ntended to 1 Page 23 of 30 +,-, I +1, ~ Words s..aca ..:re.u~,h are deleted, words underlined are added Hh.-~tr.2tlcn !? L'-'-n~s::F~r.g F.:r:t P. ow of La~s:'-'-F: ~'~"~'~ a ~;"; ..... r~:. c~+ ;. ~-~+~ ";-";- +"~'~ ..... ;*~' ^"~ ~^~+~ e;'e~' 150 feet. primaD, c.~4~ and wzast be a mAn!mum of leo feel fram a public ..~... of way ................ 6.~). Page 24 of 30 Words smack thraugh are deleted, words underlined are added SUBSECTION 3.1. AMENDMENTS TO DIVISION 3.2., SUBDIVISIONS DIVISION 3.2., Subdivisions, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.2. SUBDIVISIONS Sec. 3.2.8. Improvement Plans. 3.2.8.4.16. Streets. The street layout of all subdivisions or developments shall be coordinated with the street systems of the surrounding areas. Adjacent properties shall be provided with local street interconnections unless topography, other natural features or other ordinances/regulations do not allow or require said connections. All arterial or collector streets shall be planned to conform to the Collier County comprehensive plan. Collector and arterial streets within a development shall not have individual residential driveway connections. Their location and right-of-way cross section must be reviewed and approved by the county transportation services division during the preliminary subdivision plat review process. All subdivisions shall provide rights-of-way in conformance with the comprehensive plan and the right-of-way cross section contained in appendix B. Ail streets shall be designed and constructed to provide for optinmm vehicular and pedestrian safety, long service life and Iow cost of maintenance. A tolerance of one-quarter inch for pavement surface and one-half inch for base course may be accepted. Any deviations more than these tolerances will result in withholding preliminary acceptance until such time that the pavement is brought up to county standards. 21. Sidewalk parking. The distance from the back of the sidewalk to the garage door must be at least 23 feet to allow room to park a vehicle on the driveway without parking over the sidewalk. Should the garage be side-loaded there must be at least a 23-foot paved area on a perpendicular plane to the garage door or plans must ensure that parked vehicles will not interfere with pedestrian traffic. SUBSECTION 3.J. AMENDMENTS TO DIVISION 3.3., SITE DEVELOPMENT PLANS DIVISION 3.3., Site Development Plans, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.3. SITE DEVELOPMENT PLANS Sec. 3.3.7. Site development plan review (SDP) procedures. Page 25 of 30 Words .......t~.rz..'-g~ are deleted, words underlined are added 3.3.7.1.9. lnfi'astructure improvements plans. Detailed on-site and off-site infrastructure improvement plans and construction documents prepared in conformance with the design staudards of division 3.2 and any current counly ordiuanccs, rcgulalions, policies and procedures which consist ol, but are uot linfited to, the ibllowing items: 1. A cover sheet setting forth the development name, applicant name, name of engineering firm, and vicinity map. 15. Sidewalk parking. The distance from the back of the sidewalk to the garage door must be at least 23 feet to allow room to park a vehicle on the driveway without parking over the sidewalk. Should the garage be side-loaded there must be at least a 23-foot paved area on a perpendicular plane to the garage door or plans must ensure that parked vehicles will not interfere with pedestrian traffic. SUBSECTION 3.K. AMENDMENTS TO DIVISION 6.3., DEFINITIONS DIVISION 6.3., Definitions, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 6.3. DEFINITIONS Adjacent (applicable to School Board Review issues only): Lying near or adjoining [see also ,4 butting proper(¥ or ad/acent properO,]. Ancillar~ plant: The building, site and site improvements necessary to provide such facilities as vehicle maintenance, warehouses, maintenance, or administrative buildings necessary to provide support services to an educational program which may lawfully be used as authorized by the Florida Statutes and approved by the Collier County School Board. AuxiliarF facility: The spaces located at educational plants which are not designed for student occupation stations. Compatibility review: A review pursuant to the Architectural and Site Design Standards contained within the Division 2.8 of the Land Development Code (LDC) in effect at the time SBR Letters of Compliance are requested and that pertains to issues of compatibility with surrounding uses, complimentary patterns of development and mitigation of negative impacts. The Compatibility Review will be limited to compatibility issues, external sidewalks and pathway connections, lighting, dumpster location and screening, and orientation of buildings and ancillary facilities. Consistency Review: A review process whereby the County will determine prior to the School Board's acquisition of property whether such property is consistent with the locational criteria of the Growth Management Plan's Future Land Use Element and Map, Golden Gate Area Master Plan and Immokalee Area Master Plan, and whether the plant or facility is a permitted use, conditional use or prohibited use in the zoning district on the site, pursuant to the 2003 lnterlocal Agreement. Educational Facilities: The buildings and equipment, structures, and special educational use areas that are built, installed, or established to ~erve primarily the educational purposes and secondarily the social and recreational purposes of the community and which may. lawfully be used as authorized by the Florida Statutes and approved by the Collier County School Board. Educational Plant: The educational facilities, site and site improvements necessary to accommodate students, faculty, administrators, staff, and the activities of the educational program of each plant. Fire station: The building{s) and site of a government establishment primarily engaged in firefighting, used to house fire trucks and other emergency vehicles, firefighting equipment and apparatus, firefighters, and support/administrative staff. Page 26 of 30 Words :~-'-ck thrzugh are deleted, words underlined are added Fire station services, ancillary: Fire protection activities imperative to carry_ out the purposes of a government establishment primarily engaged in firefighting, such as fire training camps, but which is not required to be located at a fire station for that fire station to serve its fimction. However, services designed to repair any firefighting equipment is not an ancillary fire station service. Locational Criteria: The land use categories established in the Growth Management Plan's Future Land Use Element and Map, Golden Gate Area Master Plan and Immokalee Area Master Plan. School Board Review ("SBR"): The site development plan review process for School Board projects as outlined in the 2003 Interlocal Agreement. State Requirements for Educational Facilities ("SREF"): The Florida Department of Education State Requirements for Educational Facilities, effective 1999, as amended. 1996 Interlocal Agreement: the Interiocal Agreement between the Collier County School Board and Collier Cotinty as recorded in Official Record Book 2207, Pages 1729 et seq., which bears an effective date of June 25, 1996. 2003 lnterlocal Agreement: the Interlocal Agreement between the Collier County School Board and Collier County as recorded in Official Record Book 3228, Page 2989 et seq., which bears an effective date of February 28, 2003. SUBSECTION 3.L. AMENDMENTS TO APPENDIX B, TYPICAL STREET SECTIONS AND RIGHT-OF-WAY DESIGN STANDARDS APPENDIX B, Typical Street Sections and Right-of-Way Design Standards, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to include the revisions to the following cross-sections as follows: Cul-de Sac: COLLIER COUNTY LAND DEVELOPMENT CODE - 2' Slope h '°' 12 t AsphaRic Lmne / m m ~ 12" ~zed %b~ode (LBR 40) F Men Noles; 1) Asphaltic concrete shall be type S or equal as approved by Ihe county development engineer Cul-De-Sac Supp, No. 5 Collier County Development Collier County Subdivision Services Department Typical Roadway Section [ntz: LDCB4,D_ Page 27 of 30 Words smzclz t?~cugh are deleted, words underlined are added Local Street: APPENDIX B-TYPICAL STREET SECTIONS R/W Slope @ ,/4" Per Ft. ~ I I 10' 2' \ 2' 5' 1' ~'1 ~ 25 "~/' ~[.__1~ ..... te ~ Gutter I/ Z .......... Sanitary Sewer Location Notes: Asphaltic concrele shod be I~e 5 or equal us opprn~ed by the county Oevelopment enoineer. Local Street Collier County Development Collier County Subdivision Notto=:o~, Servlces Deportment Typical Roadway Section ~nLE: LCOBS..: Commercial/Industrial: COLLIER COUNTY LAND DEVELOPMENT CODE 3" Type S-1 I Asphaltic Concrete~ 1' 2' ~ ~ ~ 1,1 |r . (2 ....... ) X, I= ""-I k-.-- \ / L~ne 4 hmerock LBR 100 m_x 7.5' -t ~ (LBR ~oo) I- % ~1 12" Stabilized Subgrode (LEE 40) Force ~ Sanitary Sewer Location ~/ ~ ~ I COMMERCIAL/INDUSTRIAL Notes: A~pflaltlc concrete shQII be type S o~ equol os opp¢oved by the county development engineer. Collier County Development Services Deportment I Collier County Subdivision Typical Roadway Section Minor Collector: Page 28 of 30 Words o,~,~, a. ..... ~. ............. e.. are deleted, words underlined are added APPENDIX B-TYPICAL STREET SECTIONS R/W 6" white strlpe between bi~e lone Grid travel lone Appropriate troffic~ signing and strlplng for bike lone. ~.- 4' 6' 1' I ~1~~ I Asphalti~ ConcreteI 4" limerock bose 7.5' 1 Main 2' Valley Sanitary Sewer Location ~ Gutter Minor Collector J Collier County Development Ser vice,_~ Deportment Collier County Subdivision Typical Roadway Section Major Collectors and Arterials: COLLIER COUNTY LAND DEVELOPMENT CODE AS REQUIRED 4' ~,~ 22' _,_ lS' MEDIAN ~"~ BIKE ----(TURN LANES ~ 4' ~ / / I jN/[1 ~ 1' I I 30 J ~~ % ¢ LIMEROCK BASE CURB / ~ I ~ ~PRIMED (LBR 100) 4" LIMEROC'K BASE /I _.. I %~]._~BLu~ED ,~. ~oo / ~ suao~AO6 CBR 40) SLOPE FORCE MAIN ~-1/4" PER Fl AS REQUIRED 15' MEDIAN ~ 22' -- ~ ~ ~ , = = = -- BIKE J 6 (TURN LANES 3", ES WHEN REQUIRED) t--ASPHALTIC J ~2'~ ~ ~ J WALK %WATER LINE Notes; 1) Asphaltic concrete shall be type s or equal aa approved by the county bevelOpment enoinee¢. Major Collector and Arterials ICollier County Development J Collier County Subdivision Services Department J Typical Roadway Section SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such Page 29 of 30 Words ..... ,u ..... ~. .... ~,., are deleted, words underlined are added 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 SIX: EFFECTIVE DATES This Ordinance shall become effective upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 8qJx day of ~, 2003. ATTEST: DWIGHT E. BRO(3K, CLERK COMMISSIONEI~ By: ~' Approved as tO fo~ and ~~~ sufficieEc~: Patrick G. ~ite Assist~t County Attorney By: BOARD OF COUNTY OF COLLIER COUNTY, FLORIDA TOM HENNIN~ 10- '-65 This ordinance fii.~', w!th th~ Secret~ry of S~te's Oi:f-ice t.h~ and ockr, owiedoement of that filing received this ~ day Page 30 of 30 Words s~.:'ck t?~cugE are deleted, words underlined are added STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2003-55 Which was adopted by the Board of County Commissioners on the 8th day of October, 2003, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 16th day of October, 2003. DWIGHT E. BROCK ~ ~ ~'' Clerk of Courts a~d Clerk Ex-officio to Board of ~ County Commissioners By: Patricia L. Morgan~ Deputy Clerk