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Backup Documents 02/11/2004 LDC BOARD OF COUNTY COMMISSIONERS (LDC) SPECIAL MEETING FEBRUARY 11, 2004 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ Board of County Commissioners/Land Development Code AGENDA February 11, 2004 5:05 p.m. Donna Fiala, Chairman, District 1 Fred W. Coyle, Vice-Chair, District 4 Frank Halas, Commissioner, District 2 Tom Henning, Chairman, District 3 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. 1 February 11, 2004 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 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. 1. PLEDGE OF ALLEGIANCE 2. 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. Ordinance 2004-08 Adopted w/Changes 5/0 (Concerning Non-Eastern Lands); CCSL Amendments continued to February 24, 2004 at 1 :00 p.m. 3. ADJOURN 2 February 11,2004 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC REARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement (Display Adv., location, etc.) ["'] Other: Petition No. (If none, give brief description): LDC-2003-CYCLE III cycle Petitioner: ('Name & Address): Russell Webb Dept. of Zoning and Land Development Review Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before XXX BCC Requested Hearing date: BZA Other Newspaper(s) to be used: (Complete only if important): Based on advertisement appearing'~ys before hearing. XXX Naples Daily News Other [] Legnlly Required Proposed Text: (Include legal description & common location & Size: Companion petition(s), if any & proposed hearing date: See Attached Ordinance Does Petition Fee include advertising cost? [] Yes [] No 113-138312-649110 Reviewed by: · If Yes, what account should be charged for advertising costs: Approved by: County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or reques for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda f'de: to Clerk's Office [] Requesting Division [] Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: i,. ~/, i,O Date of Public hearing: "i i,->LO,~, Date Advertised: '~ ~ : ORDINANCE NO. 04- 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 2, ZONING, DIVISION 2.2, ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, INCLUDING REVISIONS TO THE RURAL AGRICULTURAL DISTRICT, ADDING THE RURAL FRINGE MIXED USE DISTRICT, INCLUDING REVISIONS TO THE ESTATES DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL SINGLE-FAMILY DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL MULTIPLE-FAMILY-6 DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL MULTIPLE- FAMILY-12 DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL MULTIPLE-FAMILY-16 DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL TOURIST DISTRICT, INCLUDING REVISIONS TO THE VILLAGE RESIDENTIAL DISTRICT, INCLUDING REVISIONS TO THE MOBILE HOME DISTRICT, INCLUDING REVISIONS TO THE COMMERCIAL PROFESSIONAL AND GENERAL OFFICE DISTRICT, INCLUDING REVISIONS TO THE COMMERCIAL CONVENIENCE DISTRICT, INCLUDING REVISIONS TO THE COMMERCIAL INTERMEDIATE DISTRICT, INCLUDING REVISIONS TO THE GENERAL COMMERCIAL DISTRICT, INCLUDING REVISIONS TO THE HEAVY COMMERCIAL DISTRICT, INCLUDING REVISIONS TO THE INDUSTRIAL ZONING DISTRICT, INCLUDING REVISIONS TO THE CONSERVATION DISTRICT, INCLUDING REVISIONS TO THE PUBLIC USE DISTRICT, INCLUDING REVISIONS TO THE COMMUNITY FACILITY DISTRICT, INCLUDING REVISIONS TO THE PLANNED UNIT DEVELOPMENT DISTRICT, INCLUDING REVISIONS TO THE RURAL LANDS STEWARDSHIP AREA OVERLAY DISTRICT, ADDING THE NATURAL RESOURCE PROTECTION AREA OVERLAY DISTRICT, ADDING THE NORTH BELLE MEADE OVERLAY DISTRICT; DIVISION 2.3, OFF-STREET PARKING AND LOADING, INCLUDING REVISIONS TO PASSENGER VEHICLE PARKING IN CONJUNCTION WITH RESIDENTIAL STRUCTURES, INCLUDING REVISIONS TO OFF-STREET LOADING REQUIREMENTS; DIVISION 2.4, REVISIONS TO LANDSCAPING AND BUFFERING; DIVISION 2.5, SIGNS, INCLUDING REVISIONS TO REAL ESTATE, AND POLE OR GROUND SIGN REQUIREMENTS; Page 1 of 168 Words s~.:'ck ~cugh are deleted, words underlined are added DIVISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS, INCLUDING REVISIONS TO EXCLUSIONS FROM HEIGHT LIMITS, INCLUDING ESSENTIAL SERVICES, INCLUDING REVISIONS TO BOATHOUSE REQUIREMENTS, INCLUDING REVISIONS TO TEMPORARY USE PERMITS, INCLUDING REVISIONS TO COMMUNICATION TOWERS, INCLUDING REVISIONS TO KITCHENS IN DWELLING UNITS, ADDING TRANSFER OF DEVELOPMENT RIGHTS, ADDING DENSITY BLENDING; DIVISION 2.7, ZONING ADMINISTRATION AND PROCEDURES, INCLUDING REVISIONS TO PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, INCLUDING REVISIONS TO CONDITIONAL USE PROCEDURES; ARTICLE 3, DEVELOPMENT REQUIREMENTS, DIVISION 3.2, SUBDIVISIONS, INCLUDING REVISIONS TO APPLICABILITY, SUBDIVISION REVIEW PROCEDURES, PRELIMINARY SUBDIVISION PLAT, IMPROVEMENT PLANS, AND FINAL SUBDIVISION PLAT REGULATIONS; DIVISION 3.3, SITE DEVELOPMENT PLANS, INCLUDING REVISIONS TO EXEMPTIONS, INCLUDING REVISIONS TO SITE DEVELOPMENT PLAN REVIEW (SDP) PROCEDURES; DIVISION 3.5 EXCAVATION, INCLUDING REVISIONS TO LITTORAL SHELF PLANTING AREA AND EXCAVATION REVIEW PROCEDURES; DIVISION 3.8, INCLUDING REVISIONS TO ENVIRONMENTAL IMPACT STATEMENTS; DIVISION 3.9, INCLUDING REVISIONS TO VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.11, INCLUDING REVISIONS TO ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION; DIVISION 3.12 COASTAL ZONE MANAGEMENT, INCLUDING REVISIONS TO DEVELOPMENT STANDARDS AND REGULATIONS; DIVISION 3.15, INCLUDING REVISIONS TO ADEQUATE PUBLIC FACILITIES; AND ARTICLE 6, DEFINITIONS, DIVISION 6.2 ABBREVIATIONS; DIVISION 6.3, INCLUDING REVISIONS TO DEFINITIONS; APPENDIX D, AIRPORT ZONING; 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 Page 2 of 168 Words s~.:'ck ~zc. ugh are deleted, words underlined are added WHEREAS, this is the third 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 December 10, 2003, January 7, 2004, January 29, 2004, February 11, 2004, and did take action conceming 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 Page 3 of 168 Words sm:c!z t?~c. ugh are deleted, words underlined are added 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 intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991 and may be amended twice annually. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within the total unincorporated are of Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect human, 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 Page 4 of 168 Words sm::k ~zaugk are deleted, words underlined are added SUBSECTION 3.A. 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, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS 2.2.2.2.1. Permitted uses. 1. Single-family dwelling. 10. Schools, public, including "Educational Plants." 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 divigic, n section 2.7.4.: 1. Extraction or earthmining, and related processing and production not incidental to the agricultural development of the property. 27. Ancillary Plants. 2.2.2.4.3. Minimum yard requirements. 1. Front yard. 50 feet. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. 2.2.2V2. RURAL FRINGE MIXED-USE DISTRICT (RFMU DISTRICT) 2:2.2¼.1 PURPOSE AND SCOPE. The purpose and intent of the RFMU District is to provide a transition between the Urban and Estates Designated lands and between the Urban and Page 5 of 168 Words s~.:'c!: ~ac::gh are deleted, words underlined are added Agricultural/Rural and Conservation designated lands farther to the east. The RFMU District employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, h, designated areas, appropriate types, density and intensity of development. The RFMU DistricL allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses and essential services deemed necessary to serve the residents of the RFMU District. The innovative planning and developmenl techniques which are required and/or encouraged within the RFMU District were developed t. preserve existing natural resources, including habitat for listed species, to retain a rural, pastoral, or park-like appearance from the major public rights-of-way, and to protect private property rights. A. ESTABLISHMENT OF RFMU ZONING OVERLAY DISTRICT. In order t. implement the RFMU designation in the future land use element (FLUE) of the GMP, thc RFMU District, to be designated as "RFMUO" on the Official Zoning Atlas, is hereby established. The lands included in the RFMU District and to which the Section 2.2.2'/2 apply are depicted by the following map: LEE COUNTY RURAL FRINGE AREAS IMMOKALEE ROAD RANDN. L BLVB N RURAL FRINGE AREA I MIXED USE OISTRICT Page 6 of 168 Words s,?uck t?.rc-.:g5 are deleted, words underlined are added B. EXEMPTONS. The requirements of Section 2.2.2½ shall not apply to, affect or limit the continuation of existing uses. Existing uses shall include those uses for which all required Permits were issued prior to June 19, 2002, and proiects for which a Conditional use or Rezone petition has been approved by the County prior to June 19, 2002, or land use petitions for which a completed application has been submitted prior to June 19, 2002. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses. Hereafter, such previously approved developments shall be deemed to be consistent with the Plan's Goals, Obiectives and Policies and for the RFMU District, and they may be built out in accordance with their previously approved plans,. Changes to these previous approvals shall also be deemed consistent with the Plan's Goals.~ Policies and Obiectives for the RFMU District as long as they do not result in an increase in. development density or intensity. C. ORDINANCE SUPERCEDED. Ordinance Number 98-17 is hereby expressly superceded. Any development in the area formerly subiect to that ordinance shall henceforth conform to the provisions of this Section and all other provisions of this Code that are applicable to development within the RFMU District. 2.2.2¼.2 RFMU RECEIVING LANDS. RFMU Receiving Lands are those lands within the RFMU District that have been identified as being most appropriate for development and to which residential development units may be transferred from RFMU Sending [.ands. Based on th,; evaluation of available data, RFMU Receiving Lands have a lesser degree of environmental o~ listed species habitat value than RFMU Sending Lands and generally have been disturbed throu~ls development or previous or existing agricultural operations. Various incentives are employed to direct development into RFMU Receiving Lands and away from RFMU Sending Lands, thereby maximizing native vegetation and habitat preservation and restoration. Such incentives include, but are not limited to: the TDR process; clustered development; density bonus incentives; and, provisions for central sewer and water. Within RFMU Receiving Lands, the following standards shall apply, except as noted in paragraph 2.2.2½.1 above, or as more specifically provided in an applicable PUD. A. OUTSIDE RURAL VILLAGES 1. NBMO Exemption. Except as specifically provided herein NBMO Receiving Lands are only subiect to the provisions of Section 2.2.31. Maximum Density. a. Base Density. The base residential density allowable within RFMU Receiving Lands, exclusive of the applicable Density Blending provisions set forth in Section 2.6.40, is one (1) unit per five (5) gross acres (0.2 dwelling units per acre) or, for those legal nonconforming lots or parcels in existence as of June 22, 1999, one (1) unit pe~ lot or parcel. b. Additional Density (1) TDRS. Outside of Rural Villages, the maximum density achievable in RFMU Receiving Lands through the TDR process is one (1) dwelling uni.t per acre. (a) Clustering Required. Where the transfer of development rights is employed to increase residential density within RFMU Receiving Lands, such residential development shall be clustered in accordance with the following provisions: i. Central water and sewer shall be extended to the project. Where County sewer or water services may not be available concurrent with development in RFMU Receiving Lands, interim private water and sewer facilities may be approved. ii. The maximum lot size allowable for a single-family detached dwelling unit is one acre. iii. The clustered development shall be located on the site so as to provide to the greatest degree practicable: protection for listed species habitat; preservation of the highest quality native vegetation[ connectivity to adjacent natural reservations or preservation areas on adjacent developments; and, creation, maintenance or enhancement of wildlife corridors. Page 7 of 168 Words ........... ~,_ are deleted, words underlined are added (b) Minimum Project Size. The minimum project size required in order to receive transferred dwelling units is 40 contiguous acres. (c) Emergency Preparedness. In order to reduce the likelihood of threat to life and property from a tropical storm or humcane event any development approved under the provisions of this section shall demonstrate that adequate emergency preparedness and disaster prevention measures have been taken by, at a minimum: i. Designing communiW facilities, schools, or other public buildings to serve as storm shelters if located outside of areas that may experience inundation during a Category 1 or worse storm event. While the need to utilize such shelters will be determined on a case-by-case basis, areas which are susceptible to inundation during such storm events are identified on the Sea, Lake, and Overland Surge from Hurricane (SLOSH) Map for Collier County. ii. Evaluating impacts on evacuation routes, if any, and working with the Collier County Emergency Management staff to develop an Emergency Preparedness Plan to include provisions for storm shelter space, a plan for emergency evacuation, and other provisions that may be deemed appropriate and necessary to mitigate against a potential disaster. iii. Working with the Florida Division of Forestry, Collier County Emergency Management staff, and the managers of any adjacent or nearby public lands, to develop a Wildfire Prevention and Mitigation Plan that will reduce the likelihood of threat to life and property from wildfires. This plan shall address, at a minimum: project structural design; the use of materials and location of structures so as to reduce wildfire threat; firebreaks and buffers; water features; and, the rationale for prescribed burning on adjacent or nearby lands. (2) Once the maximum density is achieved through the use of TDRs, additional density may be achieved as follows: (a) A density bonus of 0.1 unit per acre shall be allowed for the preservation of additional native vegetation as set forth in Section 3.9.4.5.A. (b) A density bonus of 0.1 units per acre shall be allowed for projects that incorporate those additional wetlands mitigation measures set forth in Section 3.9.5.3.B.2. 3. Allowable Uses a. Uses Permitted as of Right. The following uses are permitted as of right, or as uses accessory to permitted uses: (1) Agricultural activities, including, but not limited to: Crop raising; horticulture; fruit and nut production; forestry; groves; nurseries; ranching; beekeeping; poultry and egg production; milk production; livestock raising, and aquaculture for native species subject to the State of Florida Game and Freshwater Fish Commission perrrfits. Owning, maintaining or operating any facility or part thereof for the following purposes is prohibited: (a) Fighting or baiting any animal by the owner of such facility or any other person or entity. (b) Raising any animal or animals intended to be ultimately used or used for fighting or baiting purposes. (c) For purposes of this subsection, the term baiting is defined as set forth in § 828.122(2)(a), F.S., as it may be amended from time to time. (2) Single-family residential dwelling units, including mobile homes where a Mobile Home Zoning Overlay exists. (3) Multi-family residential structures, if clustering is employed. (4) Rural Villages, subject to the provisions set forth under Section 2.2.2½.2.B below. Page 8 of 168 Words :m:ck *u ..... ~ ~ro deleted, words underlined are added (5) Dormitories, duplexes and other types of staff housing, as may be incidental to, and in support of, conservation uses. (6) Family Care Facilities: 1 unit per 5 acres and subject to Section 2.6.26.1.1 of this Code. (7) Staff housing as may be incidental to, and in support of, safety service facilities and essential services. (8) Farm labor housing limited to 10 acres in any single location: (a) Single family/duplex/mobile home: 11 dwelling units per acre; (b) Multifamily/dormitory: 22 dwelling units/beds per acre. (9) Sporting and Recreational camps not to exceed I cabin/lodging unit per 5 gross acres. (10) Those Essential services identified as permitted uses in Section 2.6.9.1.A and in accordance with the provisions, conditions and limitations set forth therein. (11) Golf courses or driving ranges, subject to the following standards: (a) The minimum density shall be as follows: i. For golf course projects utilizing Density Blending Provisions set forth in the Density Rating System of the FLUE: one (1) dwelling unit per five (5) gross acres. ii. For golf course projects not utilizing Density_ Blending Provisions, including freestanding golf courses: the minimum density shall be one (1) dwelling unit per five (5) gross acres, and one additional dwelling unit per five (5) gross acres for the land area utilized as part of the golf course, including the clubhouse area, rough, fairways, greens, and lakes, but excluding any area dedicated as conservation, which is non-irrigated and retained in a natural state. The additional required density for such golf course development shall be achieved by acquiring TDRs from Sending Lands. (b) Golf courses shall be designed, constructed, and managed in accordance with Audubon International's Gold Signature Program. The project shall demonstrate that the Principles for Resource Management required by the Gold Signature Program (Site Specific Assessment, Habitat Sensitivity, Native and Naturalized Plants and Natural Landscaping, Water Conservation, Waste Management. Energy Conservation & Renewable Energy Sources, Transportation, Greenspace and Corridors, Agriculture, and Building Design) have been incorporated into the golf course's design and operational procedures. (c) In order to prevent the contamination of soil, surface water and ground water by the materials stored and handled by golf course maintenance operations, golf courses shall comply with the Best Management Practices for Golf Course Maintenance Departments, prepared by the Florida Department of Environmental Protection, May 1995. (d) To protect ground and surface water quality from fertilizer and pesticide usage, golf courses shall demonstrate the following management practices: The use of slow release nitrogen sources; ii. The use of soil and plant tissue analysis to adjust timing and amount of fertilization applications; iii. The use of an integrated pest management program using both biological and chemical agents to control various pests; iv. The coordination of pesticide applications with the timing and application of irrigation water; and Page 9 of 168 Words .... ~' **' ..... *' ~,~ deleted, words underlined are added v. The use of the procedure contained in IFAS Circular 1011, Managing Pesticides for Golf Course Maintenance and Water Quality Protection, May 1991 (revised 1995) to select pesticides that will have a minimum adverse impact on water quality. (e) To ensure water conservation, golf courses shall incorporate the following in their design and operation: i. Irrigation systems shall be designed to use weather station information and moisture-sensing systems to determine the optimum amount of irrigation water needed considering soil moisture and evapotranspiration rates. ii. Golf courses shall utilize treated effluent reuse water consistent with Sanitary Sewer Sub-Element Objective 1.4 and its policies to the extent that a sufficient amount of such water is available and the piping or other conveyance necessary_ for delivery of such water exists at a location abutting the golf course property boundary or within 50 feet of such boundary and accessible via existing rights of way or easements; iii. Native plants shall be used exclusively except for special purpose areas such as golf greens, fairways, and building sites. Within these excepted areas, landscaping plans shall require that at least 75% of the trees and 50% of the shrubs be freeze-tolerant native Floridian species. At least 75% of the required native trees and shrubs shall also be drought tolerant species. (f) Stormwater management ponds shall be designed to mimic the functions of natural systems: by establishing shorelines that are sinuous in configuration in order to provide increased length and diversity of the littoral zone. A Littoral shelf shall be established to provide a feeding area for water dependent avian species. The combined length of vertical and rip-rapped walls shall be limited to 25% of the shoreline. Credits to the site preservation area requirements, on an acre- to- acre basis, shall be given for littoral shelves that exceed these littoral shelf area requirements. (g) Site preservation and native vegetation retention requirements shall be those set forth in Section 3.9.4 of this Code. (12) Public and private schools, subject to the following criteria: (a) Site area and school size shall be subiect to the General Educational Facilities Report submitted annually by the Collier County School Board to the Board of County Commissioners. (b) The Site must comply with the State Requirements for Educational Facilities adopted by the State Board of Education. (c) The site shall be subject to all applicable State or Federal regulations. (13) Oil and gas exploration, subject to state drilling perm/ts and Collier County site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2). All applicable Collier County oil and gas environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 277.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, even if outside the defined Big Cypress Watershed. All access roads shall be constructed and protected from unauthorized used according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. Page 10 of 168 Words smack `u ..... h ~r~ deleted, words underlined are added b. Accessory Uses. (1) Accessory uses as set forth in Section 2.2.2.2.2 of this Code. (2) Accessory Uses and structures that are accessory and incidental to uses permitted as of right in the RFMU District. (3) Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed, and approved on a site development plan or preliminary subdivision plat for that development. Recreational facilities may include, but are not limited to clubhouse, commnniW center building, tennis facilities, playgrounds and playfields. c. Conditional Uses. The following uses are permissible as conditional uses subject to the standards and procedures established in section 2.7.4 (1) Oil and gas field development and production, subject to state field development permits and Collier County site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2). All applicable Collier County oil and gas environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 277.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, even if outside the defined Big Cypress Watershed. All access roads shall be constructed and protected from unauthorized used according to the standards established in Rule 62- 30.005(2)(a)(1) through (12), F.A.C. (2) Group care facilities and other care housing facilities, other than family care facilities, subject to a maximum floor area ratio of 0.45. (3) Zoos, aquari-m% and botanical gardens, and similar uses. (4) Facilities for the collection, transfer, processing, and reduction of solid waste. (5) Community facilities, such as, places of worship, childcare facilities, cemeteries, and social and fraternal organizations. (6) Travel trailer recreation vehicle parks, subject to the following criteria: (a) the site is adjacent to an existing travel trailer recreational vehicle site; and (b) the site is no greater than 100% of the size of the existing adjacent park site. (7) Those Essential Services identified in 2.6.9.2.A and C. (8) In RFMU Receiving Lands other than those within the NBMO, asphalt and concrete batch-making plants. (9) In RFMU Receiving Lands other than those within the NBMO, earth mining and extraction. 4. Design Standards a. Development Not Utilizing Clustering: (1) Minimum lot area: 5 Acres. (2) Minimum lot width: 165 Feet. Page 11 of 168 Words smack tF~.~ugh are deleted, words underlined are added Minimum yard requirements: (a) Front Yard: 50 feet (b) Side Yard: 30 feet (c) Rear Yard: 50 feet (d) Nonconforming lots in existence as of June 22, 1999: i.. Front Yard: 40 feet. ii. Side Yard: 10 percent of lot width, not to exceed 20 feet on each side. iii. Rear Yard: 50 feet. Clustered Development: (1) Lot areas and widths: (a) single-family i. Minimum lot area: 4,500 square feet. ii. Maximum lot area: One Acre. iii. Minimum lot width: Interior lots 40 feet. iv. Maximum lot width: 150 feet. (b) multi-family i. Minimum lot area: One Acre. ii. Maximum lot area: None. iii. Minimum lot width: 150 feet. iv. Maximum lot width: None. (2) Minimum yard requirements (a) single-family. Each single-family lot or parcel minimum yard requirement shall be established within an approved PUD, or shall comply with the following standards: i. Front: 20 feet (Note Front Yard Set back may be reduced to 10 feet where parking for the unit is accessed via a rear ally. ii. Side: 6 feet iii. Rear: 15 feet iv. Accessory: Per Section 2.6.2. (b) multi-family. For each multi-family lot or parcel minimum yard ~hall be established within an approved PUD, or shall comply with the following standards: i. Setback from Arterial or Collector roadway(s): no multi- family dwelling may be located closer than 200 feet to a roadway cla~gified or defined as an arterial roadway or 100 feet from any roadway classified or defined as a collector roadway. ii. Front: 30 feet. iii. Rear: 30 feet. iv. Side yard/separation between any multi-family Buildings: One-half of the building height or 15 feet, whichever is greater. v. Accessory: Per Section 2.6.2. Page 12 of 168 Words s~ack ffzzug~ are deleted, words underlined are added (3) Height limitations (a) Principal structures i. Single Family: 35 feet. ii. Multi-family: Five Stories not to exceed 60 feet. iii. Other structures: 35 feet except for golf course/community clubhouses, which may be 50 feet in height. (b) Accessory structures. Accessory: 20 feet, except for screen enclosures, which may be the same height as the principal structure. (4) Minimum floor space (a) Single Family: 800 square feet (b) Multi-family: iii. Efficiency: 450 Square feet One Bedroom: 600 square feet Two or More Bedrooms: 800 square feet c. Parking. As required in Division 2.3 of this Code. d. Landscaping. As required in Division 2.4. of this Code. e. Signs. As required in Division 2.5. of this Code. 5. Native Vegetation Retention. As required in Section 3.9.4.3. of this Code. 6. Usable Open Space. a. Projects of 40 or more acres in size shall provide a minimum of 70% usable open space. b. Usable Open Space includes active or passive recreation areas such as parks, playgrounds, golf courses, waterways, lakes, nature trails, and other similar open spaces. Usable Open Space shall also include areas set aside for conservation or preservation of native vegetation and landscape areas. c. Open water beyond the perimeter of the site, street right-of-way, except where dedicated or donated for public uses, driveways, off-street parking and loading areas, shall not be counted towards required Usable Open Space. B. RURAL VILLAGES. Rural Villages, including Rural Villages within the NBMO, may be approved within the boundaries of RFMU Receiving Lands, subject to the following: 1. Allowable Uses: a. All permitted uses identified in Section 2.2.2½.2.A.3.a., when specifically identified in, and approved as part of, a Rural Village PUD. b. Conditional uses 1 through 5, and 7 identified in Section 2.2.2½.2.A.3.c., when specifically identified in, and approved as part of a Rural Village PUD. c. All permitted and accessory uses listed in the C-4 General Commercial District, Section 2.2.15.2, subject to the design guidelines and development standards set forth in this Section. d. Research and Technology Parks, with a minimum size of 19 acres and a maximum size of 4% of the total Rural Village acreage, subject to the design guidelines and development standards set forth herein, the applicable standards contained in Section 2.2.20.4.8. Research and technology park planned unit development district guidelines and development standards, and further subject to the following: Page 13 of 168 Words s~azk t.uzc, ug~ are deleted, words underlined are added (1) Research and Technology Parks shall be permitted to include up to 20% of the total acreage for non-target industry uses of the type identified in paragraph (3) below; and, up to 20% of the total acreage for workforce housing, except as provided in paragraph (7) below. At a minimum, 60% of the total park acreage must be devoted to target industry uses identified in paragraph (2) below. The specific percentage and mix of each category of use shall be determined at the time of Rural Village PUD rezoning. (2) The target industries identified by the Economic Development Council of Collier County are aviation/aerospace industry, health technology industry and information technology industry_, and include the following uses: software development and programming; intemet technologies and electronic commerce; multimedia activities and CD-ROM development; data and information processing; call center and customer support activities; professional services that are export based such as laboratory research or testing activities; light manufacturing in the high tech target sectors of aviation/aerospace and health and information technologies; office uses in connection with on-site research; development testing and related manufacturing; general administrative offices of a research and development firm; educational, scientific and research organizations; production facilities and operations. (3) Non-target industry uses may include hotels at a densiW consistent with the provisions in Section 2.2.15.4.7. and those uses in the C-1 through C-3 Zoning Districts that provide support services to the target industries such as general office, banks, fitness centers, personal and professional services, medical, financial and convenience sales and services, computer related businesses and services, employee training, technical conferencing, day care centers, restaurants and corporate and government offices. (4) The Rural Village PUD shall include standards for the development of individual building parcels within the park and general standards shall be adopted for pedestrian and vehicular interconnections, buffering, landscaping, open spaces, signage, lighting, screening of outdoor storage, parking and access management, all to be consistent with and compatible to the other uses within the village. (5) The Research and Technology Park must be adjacent to, and have direct access via an existing or developer constructed local road to an arterial or collector roadway. The portion of the local roadway intended to provide access to the Research and Technology Park shall not be within a residential neighborhood and does not service a predominately residential area. (6) The Research and Technology Park shall be compatible with surrounding land uses. Accordingly, it shall be separated from any residentially zoned or designated land within the Rural Village by a minimum Type "C" landscape buffer, as set forth in Section 2.4.7.4 of this Code. (7) Whenever workforce housing is provided, it shall be fully integrated with other compatible uses in the park through mixed-use buildings and/or through pedestrian and vehicular interconnections. (8) Building permits for non-target industry uses identified in paragraph (3) above shall not be issued prior to issuance of the first building permit for a target industry_ use. e. Any other use deemed by the Board of County_ Commissioner to be appropriate and compatible within a Rural Village. 2. Mix of Neighborhood Types. Rural Villages shall be comprised of several neighborhoods designed in a compact nature such that a majority of residential development is within one-quarter mile of a Neighborhood Center. Neighborhood Centers may include small-scale service retail and office uses, and shall include a public park, square, or green. Village Centers shall be designed to serve the retail, office, civic, government uses and service needs of the residents of the Rural Village. The Village Center shall be the primary location for commercial uses. Rural Villages shall be surrounded by a green belt in order to protect the character of the rural landscape and to provide separation between Rural Villages and the low density rural development, agricultural uses, and conservation lands that may surround the Rural Village. Rural Villages shall be designed to include the following: a mixture of residential housing types; institutional and/or commercial uses; and recreational uses, all of which shall be sufficient Page 14 of 168 Words sm:ck tk=cugh are deleted, words underlined are added to serve the residents of the Rural Village and the surrounding lands. In addition, except as specifically provided otherwise for Rural Villages within the NBMO, the following criteria and conditions shall apply to all Rural Villages. a. Allocation of Land Uses. Specific allocations for land uses including residential, commercial and other non-residential uses within Rural Villages, shall include, but are not limited to: (1) A mixture of housing types, including attached and/or detached single family, as well as multi-family shall be provided within a Rural Village. A minimum of 0.2 units per acre in a Rural Village shall be Affordable Housing, of which at least 0.1 units per acre shall be Workforce Housing. The Rural Village shall be designed so as to disperse the Affordable and Workforce Housing units throughout the Village rather than concentrate them in a single location. (2) A mixture of recreational uses, including parks and village greens. (3) Civic, community, and other institutional uses. (4) A mixture of lot sizes, with a design that includes more compact development and attached dwelling units within neighborhood centers and the Village Center, and reduced net densities and increasingly larger lot sizes for detached residential dwellings generally occurring as development extends outward from the Village Center. (5) A mixture of retail, office, and services uses. (6) If requested by the Collier County School Board during the PUD and/or DRI review process, school sites shall be provided and shall be located to serve a maximum number of residential dwelling units within walking distance to the schools, subject to the following criteria: (a) Schools shall be located within or adjacent to the Village Center; (b) A credit toward any applicable school impacts fees shall be provided based upon an independent evaluation/appraisal of the value of the land and/or improvements provided by the developer; and (c) Schools shall be located in order to minimize busing of students and to co-locate schools with public facilities and civic structures such as parks, libraries, community centers, public squares, greens and civic areas. (7) Within the NBM Overlay, elementary schools shall be accessed by local streets, pedestrian and bicycle facilities, and shall be allowed in and adjacent to the Rural Village Center, provided such local streets provide adequate access as needed by the School Board. b. Acreage Limitations. (1) Rural Villages shall be a minimum of 300 acres and a maximum of 1,500 acres, exclusive of the required green belt, with exception that the maximum size of a Rural Village within those RFMU Receiving Lands south of the Belle Meade NRPA shall not exceed 2,500 acres. (2) Neighborhood Center - 0.5% of the total Rural Village acreage, not to exceed 10 acres, within each Neighborhood Center. (3) Neighborhood Center Commercial - Not to exceed 40% of the Neighborhood Center acreage and 8,500 square feet of gross leasable floor area per acre. (4) Village Center - Not to exceed 10% of the total Rural Village acreage. (5) Village Center commercial - Not to exceed 30% of the Village Center acreage and 10,000 square feet of gross leasable floor area per acre. (6) Research and Technology Parks limited to a minimum size of 19 acres and a maximum size of 4% of the total Rural Village acreage. (7) Civic Uses and Public Parks - Minimum of 15% of the total Rural Village acreage. Page 15 of 168 Words ~.:'zk fi. re. ugh are deleted, words underlined are added 3. Density. A Rural Village shall have a minimum density of 2.0 units per gross acre and a maximum density of 3.0 units per acre, except that the minimum density with a NBMO Rural Village shall be 1.5 units per gross acre. Those densities shall be achieved as follows: a. Base Density. A base density of 0.2 dwelling units per acre (1.0 dwelling units per five acres) for lands within the Rural Village, and the land area designated as a greenbelt surrounding the Rural Village, is granted by right for allocation within the designated Rural Village. b. Minimum Density. For each TDR Credit for use in a Rural Village, one Bonus Credit shall be granted, up to the minimum gross density of 2.0 units per acre outside of the NBMO and 1.5 units per acre within the NBMO. c. Maximum Density. A developer may achieve a density exceeding the minimum required densi[y, up to a maximum of 3.0 units per acre, through the following means: (1) TDR Credits; (2) An additional density bonus 0.3 units per acre for the additional preservation of native vegetation as set forth in Section 3.9.4.5.B; (3) An additional density bonus of 0.3 units per acre for additional wetlands mitigation as set forth in 3.9.5.3.B.2; and/or (4) An additional density bonus of 0.5 units per acre for each Affordable or Workforce Housing unit. 4. Other Design Standards a. Transportation System Design. (1) The Rural Village shall be designed with a formal street layout, using primarily a grid design and incorporating village greens, squares and civic uses as focal points. (2) Each Rural Village shall be served by a binary_ road system that is accessible by the public and shall not be gated. The road system within the Rural Village shall be designed to meet County standards and shall be dedicated to the public. (3) A Rural Village shall not be split by an arterial roadway. (4) Intercormection between the Rural Village and adjacent developments shall be required. (5) Neighborhoods, Neighborhood Centers, and the Village Center shall be connected through local and collector streets and shall incorporate traffic calming techniques as may be appropriate to discourage high-speed traffic. (6) Public transit and school bus stops shall be co-located, where practicable. (7) Pedestrian paths and bikeways shall be designed so as to provide access and interconnectivity. b. Location Restrictions and Standards. (1) In locating both schools and housing units within the Rural Village, consideration shall be given to minimizing busing needs within the community. (2) A Rural Village shall not be located any closer than 3.0 miles from another Rural Village. (3) No more than one Rural Village may be located in each of the distinct RFMU District Receiving Areas depicted on the FLUM and on the Official Collier County Zoning Atlas maps. (4) A Rural Village shall have direct access to a roadway classified by Collier County as an arterial or collector roadway. Alternatively, access to Page 16 of 168 Words .... ~- '*' ..... ~- ~ deleted, words underlined are added the Rural Village may be via a new collector roadway directly accessing an existing arterial, the cost of which shall be borne entirely by the developer. (5) A Rural Village shall be located where other public infrastructure, such as potable water and sewer facilities, already exist or are planned. c. Size l,imitations. Rural Villages shall be a minimum of 300 acres and a maximum of 1,500 acres, except within RFMU Receiving Lands south of the Belle Meade NRPA where the maximum size may not exceed 2,500 acres. This required Rural Village size is exclusive of the required Greenbelt area set forth in Section 2.2.2½.2.B.6. d. Additional Village Design Criteria: Rural Villages shall be designed in accordance with the following provisions: (1) Rural Villages shall be developed in a progressive urban to rural continuum with the greatest density, intensity and diversity occurring within the Village Center, to the least density, intensity and diversity occurring within the edge of the neighborhoods approaching the greenbelt. (2) Rural Villages may include "Special Districts" in addition to the Village Center, Neighborhood Center and Neighborhoods, to accommodate uses that may require use specific design standards not otherwise provided for herein. Such Special Districts, their proposed uses, and applicable design standards shall be identified as part of the Rural Village PUD rezone process. (3) The Rural Village PUD Master Plan shall designate the location of the Village Center and each Neighborhood, Neighborhood Center and as may be applicable, Special Districts. Rural Villages shall include a Village Center and a minimum of two distinct neighborhoods, with defined Neighborhood Centers. (4) A mixture of allowable uses is encouraged to occur within buildings in the Village Center and Neighborhood Centers. (5) Transient lodging is permitted at up to 26 guest units per acre calculated on the acreage of the parcel occupied by the transient lodging and its ancillary facilities, if such parcel includes multiple uses. (6) Building heights may vary within the Village Center and Neighborhood Centers, but shall not exceed 5 stories not exceeding 65 feet with the Village Center, or 4 stories no exceeding 55 feet within the Neighborhood Center, and 3 stories not to exceed 40 feet within 200 feet of the Greenbelt. The height exclusions set forth in Section 2.6.3.1 of this Code apply within a Rural Village. The height exclusion set forth in Section 2.6.3.2. applies in the Village Center only, except that: (a) 2.6.3.2.(4) requiring 300 square feet of green spaces for each parking space for which the height waiver is granted shall not apply; however~ (b) For each parking space for which the height waiver is granted, an equal amount of square footage of Open Space shall be provided in excess of the minimum set forth in 2.2.2½.2.B.7. (7) The minimum lot area shall be 1,000 SF; however, within neighborhoods, especially approaching the edge of the Village and the surrounding green belt, less compact larger lot residential development may occur. (8) Within the Village Center and Neighborhood Centers, individual block perimeters shall not exceed 2,500 linear feet. (9) Within the Village Center and Neighborhood Centers required yards shall be as follows: (a) Front setbacks - 0 to 10 feet from the right-of-way line (b) Side setbacks - 0 feet (c) Rear setbacks - 0 feet Page 17 of 168 Words s~.'-ck tkzcugk, are deleted, words underlined are added (10) Within neighborhoods outside of a Neighborhood or Village Center required yards may vary but shall be designed so as to provide for adequate light, opens space ad movement of air, and shall consider the design objective of the urban to rural continuum with the greatest density, intensity and diversity occurring within the Village Center, to the least density, intensity and diversity occurring within the edge of the neighborhoods approaching the greenbelt. (11) Within the Village Center and Neighborhood Centers overhead encroachments such as awnings, balconies, arcades and the like, must maintain a clear distance of 9 feet above the sidewalk and 15 feet above the street. (12) Seating for outdoor dining shall be permitted to encroach the public sidewalks and shall leave a minimum 6-foot clear pedestrian way between the outdoor di~ing and the streetscape planting area. (13) Civic or Institutional Buildings shall be subject to the specific standards of this subsection that regulate building height, building placement, building use, parking, and signage except as deviations are deemed appropriate by the Collier County planning staff with respect to the creation of focal points, vistas, and significant community landmarks. Specific design standards shall be provided in the Rural Village PUD document. (14) Architectural Standards: Buildings within the Village Center shall be made compatible through similar massing, volume, frontage, scale and architectural features. The PUD document shall adhere to the provisions of Division 2.8 of this Code; however, deviations may be requested where such deviations are shown to further these Rural Village design standards. (15) Required vehicular parking and loading amounts and design criteria: (a) The amount of required parking shall be demonstrated through a shared parking analysis submitted with an SRA designation application. Parking shall be determined utilizing the modal splits and parking demands for various uses recognized by ITE, ULI or other sources or studies. The analysis shall demonstrate the number of parking spaces available to more than one use or function, recognizing the required parking will vary depending on the multiple functions or uses in close proximity which are unlikely to require the spaces at the same time. (b) On-site parking areas shall be organized into a series of small bays delineated by landscape islands of varied sized. A maximum spacing between landscape islands shall be 10 spaces. Landscape islands and tree diamonds shall have a minimum of one canopy tree. (c) Parking lots shall be accessed from alleys, service lanes or secondary streets. (d) Any or all of the above parking requirements may be further reduced if a shared parking plan is submitted as part of a Rural Village PUD or subsequent site development plan application. The shared parking plan shall demonstrate that the reduced parking is warranted as a result of the following: shared building and/or block use(s) where parking demands for certain uses are low when other demands are higher; a concentration of residential dwelling units located within 600 feet of non-residential uses; the existence of transit for use by residents and visitors. (16) Landscaping minimums within the Village Center or within Neighborhood Centers shall be met by: (a) Providing landscaping within parking lots as described, and by providing a streetscape area between the sidewalk and curb at a minimum of 5 Ft. in width; (b) Planting street trees every 40 Ft. O.C. The street tree pattern may be interrupted by architectural elements such as arcades and columns. (c) Plantings areas, raised planters, or planter boxes in the front of and adiacent to the buildings, where such planting areas do not interfere with pedestrian access and mobility. Page 18 of 168 Words s~ack tF~cugh are deleted, words underlined are added (d) Providing for additional pubic use landscape areas at intervals within the streetscape, on identified parcels with blocks, or as part of public greens, squares, parks or civic uses. (17) Signs: The PUD document shall adhere to the provisions of Division 2.5 of this Code; however, deviations may be requested where such deviations are shown to further these Rural Village design standards by providing for pedestrian scale signage standards with Neighborhood Centers or the Village Center. 5. Native Vegetation. Native vegetation shall be preserved as set forth in 3.9.4.3.A. 6. Greenbelt. Except within the NBMO Rural Village, a Greenbelt averaging a minimum of 500 feet in width, but not less than 300 feet in width, shall be required at the perimeter of the Rural Village. The Greenbelt is required to ensure a permanently undeveloped edge surrounding the Rural Village, thereby discouraging sprawl. Greenbelts shall conform to the following: a. Greenbelts may only be designated on RFMU Receiving Lands. b. The allowable residential density shall be shifted from the designated Greenbelt to the Rural Village. c. The Greenbelt may be concentrated to a greater degree in areas where it is necessary to protect listed species habitat, including wetlands and uplands, provide for a buffer from adjacent natural reservations, or provide for wellfield or aquifer protection. However, at no location shall the Greenbelt be less than 300 feet in width. d. Golf courses and existing agriculture operations are permitted within the Greenbelt, subject to the vegetation retention standards set forth in Section 3.9.4.3.A. However, golf course turf areas shall only be located within 100 feet of the Greenbelt boundaries (interior and exterior boundary); further, these turf areas shall only be located in previously cleared or disturbed areas. 7. Open Space: Within the Rural Village, a minimum of 70% of Open Space shall be provided, inclusive of the Greenbelt. 8. Process for Approval of a Rural Village. Applications for approval shall be submitted in the form of a Planned Unit Development (PUD) rezone utilizing the standard form{s) developed by Collier County, and subject to the Fees established for a PUD rezone application. Where applicable the Rural Village PUD application will be submitted in conjunction with a Development of Regional Impact (DRI) application as provided for in Chapter 380 of Florida Statutes, or in conjunction with any other Florida provisions of law that may supercede the DRI process. The Application for Rural Village PUD approval shall demonstrate general compliance with the provisions of Section 2.2.20 and shall include the following additional submittal requirements: a. EIS. An environmental impact statement for the Rural Village and surrounding Greenbelt area shall be submitted an accordance with the requirements of Division 3.8 of this Code. b. Demonstration of Fiscal Neutrality. An analysis that demonstrates that the Rural Village will be fiscally neutral to county taxpayers outside of the Rural Village. This analysis shall evaluate the demand and impacts on levels of service for public facilities and the cost of such facilities and services necessary to serve the Rural Village. In addition, this evaluation shall identify projected revenue sources for services and any capital improvements that may be necessary to support the Rural Village. In conclusion, this analysis shall indicate what provisions and/or commitments will be to ensure that the provision of necessary facilities and services will be fiscally neutral to County taxpayers outside of the Rural Village. At a minimum, the analysis shall consider the following: (1) Stormwater/drainage facilities; (2) Potable water provisions and facilities; (3) Reuse or "Grey" water provisions for irrigation; (4) Central sewer provisions and facilities; (5) Law enforcement facilities; (6) School facilities; Page 19 of 168 Words sm:ok tkzeugk are deleted, words underlined are added (7) Roads, transit, bicycle and pedestrian facilities and pathways; (a) Solid Waste facilities. (b) Development phasing and funding mechanisms to address any impacts to level of service in accordance with the County's adopted concurrency management program to ensure that there will be no degradation to the adopted level of service for public facilities and infrastructure identified in (1) through (7) above. 2.2.2¼.3. NEUTRAL LANDS. Neutral Lands have been identified for limited semi-rural residential development. Available data indicates that Neutral Lands have a higher ratio of native vegetation, and thus higher habitat values, than lands designated as RFMU Receiving Lands, but these values do not approach those of RFMU Sending Lands. Therefore, these lands are appropriate for limited development, if such development is directed away from existing native vegetation and habitat. Within Neutral Lands, the following standards shall apply: A. AI.LOWABLE USES. The following uses are permitted as of right: Uses Permitted as of Right. a. Agricultural activities, including, but not limited to: Crop raising, horticulture, fruit and nut production, forestry, groves, nurseries, ranching, beekeeping, poultry and egg production, milk production, livestock raising, and aquaculture for native species subject to the State of Florida Fish and Wildlife Conservation Commission. Owning, maintaining or operating any facility or part thereof for the following purposes is prohibited: (1) Fighting or baiting any animal by the owner of such facility or any other person or entity. (2) Raising any animal or animals intended to be ultimately used or used for fighting or baiting purposes. (3) For purposes of this subsection, the term baiting is defined as set forth in § 828.122(2)(a), F.S., as it may be amended from time to time. b. Single-family residential dwelling units, including mobile homes where a Mobile Home Zoning Overlay exists. c. Dormitories, duplexes and other types of staffhousing, as may be incidental to, and in support of, conservation uses. d. Group hou.qing uses subject to the following density/intensity limitations: e. Family Care Facilities: 1 unit per 5 acres; f. Group Care Facilities and other Care Housing Facilities: Maximum Floor Area Ratio (FAR) not to exceed 0.45. g. Staff housing as may be incidental to, and in support of, safety service facilities and essential services. h. Farm labor housing limited to 10 acres in any single location: (1) Single family/duplex/mobile home: 11 dwelling units per acre; (2) Multifamily/dormitory: 22 dwelling units/beds per acre. i. Sporting and Recreational camps, not to exceed 1 cabin/lodging unit per 5 gross acres. j. Those Essential Services identified in Section 2.6.9.1.A. k. Golf courses or driving ranges, subject to the following standards: (1) Golf courses shall be designed, constructed, and managed in accordance with Audubon International's Gold Signature Program. (2) In order to prevent the contamination of soil, surface water and ground water by the materials stored and handled by golf course maintenance operations, golf courses shall comply with the Best Management Practices for Page 20 of 168 Words s~,:ck x~.e::gk are deleted, words underlined are added Golf Course Maintenance Departments, prepared by the Florida Department of Environmental Protection, May 1995. (3) To protect ground and surface water quality from fertilizer and pesticide usage, golf courses shall demonstrate the following management practices: (a) The use of slow release nitrogen sources; (b) The use of soil and plant tissue analysis to adjust timing and amount of fertilization applications; (c) The use of an integrated pest management program using both biological and chemical agents to control various pests~ (d) The coordination of pesticide applications with the timing and application of irrigation water; (e) The use of the procedure contained in IFAS Circular 1011, Mana~in~ Pesticides for Golf Course Maintenance and Water Ouality Protection, May 1991 (revised 1995) to select pesticides that will have a minimum adverse impact on water quality. (4) To ensure water conservation, golf courses shall incorporate the following in their design and operation: (a) Irrigation systems shall be designed to use weather station information and moisture-sensing systems to determine the optimum amount of irrigation water needed considering soil moisture and evapotranspiration rates. (b) As available, golf courses shall utilize treated effluent reuse water consistent with Sanitary Sewer Sub-Element Objective 1.4 and its policies. (c) Native plants shall be used exclusively except for special purpose areas such as golf greens, fairways, and building sites. Within these excepted areas, landscaping plans shall require that at least 75% of the trees and 50% of the shrubs be freeze-tolerant native Floridian species. At least 75% of the required native trees and shrubs shall also be drought tolerant species. (5) Stormwater management ponds shall be designed to mimic the functions of natural systems: by establishing shorelines that are sinuous in configuration in order to provide increased length and diversity of the littoral zone. A Littoral shelf shall be established to provide a feeding area for water dependent avian species. The combined length of vertical and rip-rapped walls shall be limited to 25% of the shoreline. Credits to the site preservation area requirements, on an acre- to- acre basis, shall be given for littoral shelves that exceed these littoral shelf area requirements. (6) Site preservation and native vegetation retention requirements shall be the same as those set forth in the RFMU District criteria. Site preservation areas are intended to provide habitat functions and shall meet minimum dimensions as set forth in the Land Development Code. These standards shall be established within one year. Public and private schools, subject to the following criteria: (1) Site area and school size shall be subject to the General Educational Facilities Report submitted annually by the Collier County School Board to the Board of County Commissioners. (2) The Site must comply with the State Requirements for Educational Facilities adopted by the State Board of Education. (3) The site shall be subject to all applicable State or Federal regulations. m. Oil and gas exploration, subject to state drilling permits and Collier County site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to mimmize impacts to native habitats, where determined to be practicable. This requirement shall be deemed Page 21 of 168 Words s~ack ~xc:zgk are deleted, words underlined are added satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C~25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2). All applicable Collier County oil and gas environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 277.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, even if outside the defined Big Cypress Watershed. All access roads shall be constructed and protected from unauthorized used according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. 2. Accessory Uses. The following uses are permitted as accessory to uses permitted as of right or to approved conditional uses: a. Accessory Uses and structures that are accessory and incidental to uses permitted as of right in Section 2.2.2½.3.2 above. b. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed, and approved on a site development plan or preliminary subdivision plat for that development. Recreational facilities may include, but are not limited to clubhouse, community center building, tennis facilities, playgrounds and playfields. 3. Conditional Uses. The following uses are permissible as conditional uses subject to the standards and procedures established in section 2.7.4. a. Zoo, aquarinm~ botanical garden, or other similar uses. b. Community facilities, such as, places of worship, childcare facilities, cemeteries, social and fraternal organizations. c. Sports instructional schools and camps. d. Those Essential Services identified in 2.6.9.2.A and C. e. Oil and gas field development and production, subiect to state field development permits and Collier County_ site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C- 30.001(2). All applicable Collier County oil and gas environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 277.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, even if outside the defmed Big Cypress Watershed. All access roads shall be constructed and protected from unauthorized used according to the standards established in Rule 62-30.005(2~(a)(1) through (12), F.A.C. Earth mining and extraction and related processing. B. DENSITY 1. Maximum Gross Density. The maximum gross density in Neutral Lands shall not exceed one dwelling unit per five gross acres (0.2 Dwelling units per acre), except that the maximum gross density for those legal nonconforming lots or parcels in existence as of June 22, 1999, shall be one dwelling unit per lot or parcel. 2. Residential Clustering. Clustering of residential development is allowed and encouraged. Where clustered development is employed, it shall be in accordance with the following provisions: a. If within the boundaries of the Rural Transition Water and Sewer District, and consistent with the provisions of the Potable Water and Sanitary Sewer Sub- elements of this Plan, central water and sewer shall be extended to the project. Where Page 22 of 168 Words :~,:ck ~c.~ugh are deleted, words underlined are added County sewer or water services may not be available concurrent with development in Neutral l ,ands, interim private water and sewer facilities may be approved. b. The clustered development shall be located on the site so as to provide to the greatest degree practicable: (1) protection for listed species habitat; (2) preservation of the highest quality native vegetation; (3) connectivity to adjacent natural reservations or preservation areas on adjacent developments; and (4) creation, maintenance or enhancement of wildlife corridors. c. The minimum project size shall be at least 40 acres. DIMENSIONAL AND DESIGN STANDARDS. Dimensional and Design Standards set forth in Section 2.2.2.4 of this Code ~hall apply to all development in Neutral Lands, except for development utilizing the residential clustering provisions in paragraph 2.2.2½.3.B.2. above. In the case of such clustered development, the following dimensional standards shall apply to all permitted housing structure types, accessory, and conditional uses: 1. Development that is Not Clustered: a. Minimum lot area: 5 Acres. b. Minimum lot width: 165 Feet. c. Minimum Yard Requirements: (1) Front Yard: 50 feet (2) Side Yard: 30 feet (3) Rear Yard: 50 feet (4) Nonconforming lots in existence as of June 22, 1999: (a) Front Yard: 40 feet. (b) Side Yard: 10 percent of lot width, not to exceed 20 feet on each side. (c) Rear Yard: 50 feet. 2. Development that is Clustered. a. Minimum lot area: 4,500 square feet. b. Maximum lot area: One Acre. c. Minimum lot width: Interior lots 40 feet. d. Maximum lot width: 150 feet. 3. Height Limitations. a. Principal: 35 feet b. Accessory: 20 feet, except for screen enclosures, which may be the same height as the principal structure. c. Golf course/community clubhouses: 50 feet 4. Floor Area. The minimum floor area for each dwelling unit shall be 800 square feet. 5. Parking. As required in Division 2.3. 6. Landscaping. As required in Division 2.4. 7. Signs: As required in Division 2.5. Page 23 of 168 Words ~m:'c!: t~rz::g~ are deleted, words underlined are added D. NATIVE VEGETATION RETENTION. Native vegetation shall be preserved as set forth in Section 3.9.4.3. E. USABLE OPEN SPACE. 1. Usable Open Space. Projects of 40 acres or more in size shall provide a minimum of 70% usable open space. 2. Usable Open Space includes active or passive recreation areas such as parks, playgrounds, golf courses, waterways, lakes, nature trails, and other similar open spaces. Usable Open Space shall also include areas set aside for conservation or preservation of native vegetation and landscape areas. 3. Open water beyond the perimeter of the site, street right-of-way, except where dedicated or donated for public uses, driveways, off-street parking and loading areas, shall not be counted towards required Usable Open Space. 2.2.2½.4... RFMU SENDING LANDS. RFMU Sending Lands are those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species RFMU Sending Lands are the principal target for preservation and conservation. Density may be transferred from RFMU Sending Lands as provided in Section 2.6.39.3. All NRPAs within the RFMU District are also RFMU Sending Lands. With the exception of specific provisions applicable only to NBMO Neutral Lands, the following standards shall apply within all RFMU Sending Lands: A. ALLOWABLE USES WHERE TDR CREDITS HAVE NOT BEEN SEVERED 1. Uses Permitted as of Right a. Agricultural uses consistent with Sections 163.3162 and 823.14(6) Florida Statutes (Florida Right to Farm Act). b. Detached single-family dwelling units, including mobile homes where the Mobile Home Zoning Overlay exists, c. Habitat preservation and conservation uses. d. Passive parks and other passive recreational uses. e. Sporting and Recreational camps, within which the lodging component shall not exceed 1 unit per 5 gross acres. Those Essential Services identified in 2.6.9.1 .B. g. Oil and gas exploration, subject to state drilling permits and Collier County site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as de£med in Rule 62C-30.001(2). All applicable Collier County oil and gas environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas perm/ts for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundatw of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 277.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, even if outside the defined Big Cypress Watershed. All access roads shall be constructed and protected from unauthorized used according to the standards established in Rule 62-30.005(2~(a)(1) through (12), F.A.C. 2. Accessory Uses. Accessory Uses and structures that are accessory and incidental to uses permitted as of right in Section 2.2.2½.A. 1 above. 3. Conditional Uses. a. Those Essential services identified in Section 2.6.9.2.B. b. Public facilities, including solid waste and resource recovery facilities, and public vehicle and equipment storage and repair facilities, shall be permitted within Section 25, Township 49S, Range 26E, on lands adjacent to the existing County Page 24 of 168 Words .... ~' *~' ..... *' ~ deleted, words underlined are added landfill. This shall not be interpreted to allow for the expansion of the landfill into Section 25 for the purpose of solid waste disposal. c. Oil and gas field development and production, subject to state field development permits and Collier County site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state pennit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C- 30.001(2). All applicable Collier County oil and gas environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 277.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, even if outside the de£med Big Cypress Watershed. All access roads shall be constructed and protected from unauthorized used according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. d. Commercial uses accessory to permitted uses 1 .a, 1 .c. and 1.d above, such as retail sales of produce accessory to farming, or a restaurant accessory to a park or preserve, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. USES Ali.OWED WHERE TDR CREDITS HAVE BEEN SEVERED 1. Uses Permitted as of Right a. Agricultural uses consistent with Sections 163.3162 and 823.14(6) Florida Statutes (Florida Right to Farm Act), including water management facilities, to the extent and intensity that such operations exist at the date of any transfer of development rights. b. Cattle grazing on unimproved pasture where no clearing is required; c. Detached single-family dwelling units, including mobile homes where the Mobile Home Zoning Overlay exists, at a maximum density of one dwelling unit per 40 acres. In order to retain these development rights after any transfer, up to one dwelling must be retained (not transferred) per 40 acres. d. One detached dwelling unit, including mobile homes where the Mobile Home Zoning Overlay exists, per lot or parcel in existence as of June 22, 1999, that is less than 40 acres. In order to retain these development rights after any transfer, up to one dwelling must be retained (not transferred) per each lot or parcel. For the purposes of this provision, a lot or parcel shall be deemed to have been in existence as of June 22, 1999, upon a showing of any of the following: (1) the lot or parcel is part of a subdivision that was recorded in the public records of the County on or before June 22, 1999; (2) a description of the lot or parcel, by metes and bounds or other specific legal description, was recorded in the public records of the County on or before June 22, 1999; or (3) an agreement for deed for the lot or parcel, which includes description of the lot or parcel by limited fixed boundary, was executed on or before June 22, 1999. e. Habitat preservation and conservation uses. Passive parks and passive recreational uses. g. Those Essential Services identified in 2.6.9.1.B. h. Oil and gas exploration, subject to state drilling permits and Collier County site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs Page 25 of 168 Words stn:ck tP. rzugh are deleted, words underlined are added within the Big Cypress Watershed, as defined in Rule 62C-30.001(2). All applicable Collier County oil and gas environmental perrrfitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 277.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, even if outside the defined Big Cypress Watershed. All access roads shall be constructed and protected from unauthorized used according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. 2. Conditional Uses a. Those Essential Uses identified in 2.6.9.2.B. b. Oil and gas field development and production, subject to state field development permits and Collier County site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement ~hall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C- 30.001(2). All applicable Collier County oil and gas environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 277.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, even if outside the defined Big Cypress Watershed. All access roads shall be constructed and protected from unauthorized used according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. c. Conditional use approval criteria: In addition to the criteria set forth in Section 2.74.4 of this Code, the following additional criteria shall apply to the approval of conditional uses within RFMU Sending Lands: (1) The applicant shall submit a plan for development that demonstrates that wetlands, listed species and their habitat are adequately protected as specified in Divisions 3.9 and 3.11. (2) Conditions may be imposed, as deemed appropriate, to limit the size, location, and access to the conditional use. C. DENSITY. 1. 1.0 dwelling units per 40 gross acres; or 2. 1.0 dwelling unit per nonconforming lot or parcel in existence as of June 22, 1999. For the purpose of thi.q provision, a lot or parcel which is deemed to have been in existence on or before June 22, 1999 is: a. a lot or parcel which is part of a subdivision recorded in the public records of Collier County, Florida; b. a lot or parcel which has limited fixed boundaries, described by metes and bounds or other specific legal description, the description of which has been recorded in the public records of Collier County Florida on or before June 22, 1999; or c. a lot or parcel which has limited fixed boundaries and for which an agreement for deed was executed prior to June 22, 1999. D. NATIVE VEGETATION RETENTION. As required in Section 3.9.4.3. E. OTHER DIMENSIONAL DESIGN STANDARDS. Dimensional standards set forth in Section 2.2.2.4 of this Code shall apply to all development in Sending designated lands of the RFMU District, except as follows: 1. Lot Area and Width. a. Minimum Lot Area: 40 acres. Page 26 of 168 Words sm:ck tkzcugk are deleted, words underlined are added b. Minimum Lot Width: 300 Feet. 2. Parking. As required in Division 2.3. 3. Landscaping. As required in Division 2.4. 4. Signs. As required in Division 2.5. 2.2.3.2.1 .Permitted uses. 1. Single-family dwelling. 4. Schools, public, including "Educational Plants." 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 d;.vizicn section 2.7.4: 1. Churches and other places of worship. 9. Ancillary Plants. 2.2.3.4.3. 1. Minimum yard requirements. Front yard. 75 feet, except in the case of: Conforming comer lots, in which only one full depth setback shall be required along the shorter lot line along the street. The setback along the longer lot line may be reduce up to ~v ~. ..,.~,~ ........... ; ...... .~c.~,:~ ^r),~,.~, c~^~. to 37.5 feet, so long as no .............. .~ .......... to, gee right-of-way or right-of-way easement is included within the reduced front yard. (See Exhibit A) Page 27 of 168 Words sm,:ck tk;c.-.:.gk are deleted, words underlined are added ESTATES: CONFORMING CORNER LOT R.O.W P/L 75' FULL FRONT SETBACK R.O.W FRONT SETBACK 37.5' REDUCED BY 50% SIDE /~ , SETBACK¢3-0 P/L SIDE SETBAC R.O.W Example - lot width may vary, but never less than 150' . SETBACKS MEASURED FROM R.O.W. LINE -WIDTH MEASURED BE'rWEEN PROPERTY LINES R.O.W. LINE PROPERTY LINE Nonconforming comer lots of record, in which only one full depth setback shall be required along the shorter lot line along the street. The setback along the longer lot line may be reduced to 15 feet, so long as no right-of-way or right-of-way easement is included within the reduced front yard. (See Exhibit B) R.O.W ESTATES: NON-CONFORMING CORNER LOT R.O.W -- -- P/L ..... 75' FULL FRONT SETBACK  REDUCED R.O.W 15' FRONT SETBACK 10% LOT WIDTH 10.5' 10% LOT 1~01' WIDTH ~1 I P(L R.O.W - SETBACKS MEASURED FROM R.O.W. LINE -WIDTH MEASURED BETWEEN PROPERTY LINES R.O.W. LINE PROPERTY LINE Nonconforming through lots, i.e. double frontage lots, legal nonconforming lots of record with double road frontage, which are nonconforming due to inadequate lot depth, in which case, the front yard along the local road portion shall be computed at the rate of 15 percent of the depth of the lot, as measured from edge of the right-of- way. The nonconforming through lot utilizing the reduced frontage shall establish the lot frontage along the local road only. Frontage along a collector or arterial roadway to serve such lots is prohibited. Front yards along the local road shall be developed with Page 28 of 168 Words .... ~ .u ..... ~ ~T~ deleted, words underlined are added structures having an average front yard with a variation of not more than six feet; no building thereafter erected shall project beyond the average line so established. 2. Side yard. 30 feet, except for legal nonconforming lots of record, which are nonconforming due to inadequate lot width, in which case it shall be computed at the rate of ten percent of the width of the lot, not to exceed a maximum requirement of 30 feet. 3. Rear yard. 75 feet. 4. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property_ lines. 2.2.4.2.1. Permitted uses. 1. Single-family dwellings. 2. 3. Family care facilities, subject to section 2.6.26. Schools, public (RSF-3 and RSF-5 zoning districts only, effective only through January 30, 2004). This includes "Educational Plants;" however, any high school located in this district is subiect to a compatibility review as described in Division 3.3. of the code. 2.2.4.4.4. Minimum yard requirements. 1. Front yard. 5. Yard Requirements for public schools, regardless of what component of the residential single-family district it is located in.. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. 2.2.5.2.1. Permitted uses. 1. Single-family dwellings. 5. Educational Plants; however, any high school located in this district is subiect to a compatibility review as described in Division 3.3. of the code. 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 divisien section 2.7.4: 1. Churches and houses of worship. 2. Schools, pub!i: and private. Also, "Ancillary Plants" for public schools. Page 29 of 168 Words sfac!: th ..... ~, ~ro deleted, words underlined are added 2.2.5.4.3. Minimum yard requirements (except as further provided at section 2.6.27). The following minimum yard requirements are in relation to platted boundaries: TABLE INSET: Front Yard Side Yard Rear Yard One (Single) Family 25' 7 1/2' 20' ~Dwelling Units Duplex Dwelling Units 25' 10' 20' Two Unit/Family Dwelling 25' 10'* 20' Units Three or More Family 30' 15'* 20' Dwelling Units * Where fee simple lots are created for each dwelling unit side yards are measured from the outside wall of the principal structure. 1. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. 2.2.6.2.1. Permitted uses. 1. Multiple-family dwellings. , , vs * * 6. Educational Plants; however, any high compatibility review as described in Division 3.3. of the code. * * * school located in this district is subject to a 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 di;'isizn section 2.7.4: 1. Child care centers and adult day care centers. Schools, -"~'~;~ ana~ private. Also, "Ancillary Plants" for public schools. * * * 2.2.6.4.3. Minimum yard requirements. 1. Front yard--Thirty feet. * * * * * * * * * * * * Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines, 2.2.7.2.1. Permitted uses. Page 30 of 168 Words s~.'-c!: ~=m:g- are deleted, words underlined are added 1. Multiple-fam/ly dwellings. 4. Educational Plants; however, any high school located compatibility review as described in Division 3.3. of the code. in this district is subject to a 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 di;'igion section 2.7.4: 1. Child care centers and adult day care centers. 5. Schools, public anti private. Also, "Ancillary Plants" for public schools. 2.2.7.4.3. Minimum yard requirements. 1. Front yard--One half of the building height as measured from the first floor of the structure with a minimum of 30 feet. 4. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. 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 di:'i:i~,n section 2.7.4: 1. Churches and other places of worship. 8. Ancillary Plants. 2.2.8.4.3. Minimum yard requirements. 1. Front yard--One-half the building height as measured from each exterior wall or wing of a structure with a minimum of 30 feet. 4. Yard Requirements for public schools. a. For principal structures: 50 feet from all property_ lines. b. For accessory structures: 25 feet from all property lines. 2.2.9.2.1. Permitted uses. 1. Single-family dwellings. Page 31 of 168 Words :~ac!c ~co::g~ are deleted, words underlined are added 6. Educational Plants; however, any high school located in this district is subject to a compatibility review as described in Division 3.3. of the code. * * * * * * · * 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 section 2.7.4: 1. Boatyards, subject to the applicable review criteria set forth in section 2.6.21, and marinas. Schools, public and private. Also, "Ancillary Plants" for public schools. 2.2.9.4. Dimensional standards. The following dimensional standards shall apply to all permitted, accessory, and conditional uses in the village residential district (VR). TABLE INSET: Single- Duplex Multiple- Accessory Conditional Family Family Uses Uses Dwelling Dwelling and Mobile Home 1. Minimum lot area 6,000 10,000 1 acre N/A 1 acre square feet square feet 2. Minimum lot width 60 feet 100 feet 150 feet N/A 100 feet 3. Minimum yard requirement: Front yard 20 feet 35 feet 35 feet Section 2.6.2 35 feet Side yard 5 feet* 15 feet 15 feet Section 2.6.2 15 feet Rear yard 20 feet 30 feet 30 feet ~ Section 2.6.2 30 feet *Waterfront: 10 feet. 4. Maximum height* ~ 30 feet '30 feet 35 feet 15 feet 50 feet 5. Maximum 7.26 8.71 14.52 N/A N/A density** units/gross units/gross units/gross 6. Distance between N/A N/A 1/2 sum of N/A structures the building height 7. Minimum floor area. (Reserved.) 8. Maximum lot coverage. (Reserved.) 9. Off-street parking and loading. As required in division 2.3. 10. Landscaping. As required in division 2.4. 11. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. * No building may contain more than three levels of habitable space. ** Actual maximum density shall be determined through the application of the density rating system, or applicable policies contained in the future land use element, or the Immokalee future land use map established in the Collier County Growth Management Plan, not to exceed the above specified density for each use. Page 32 of 168 Words sm:ck +~ ..... h ~,'~ deleted, words underlined are added 2.2.10.2.1. Permitted uses. 1. Mobile homes. 5. Educational Plants; however, any high school located in this district is subject to a compatibility review as described in Division 3.3. of the code. 2.2.10.4.3. Minimum yard requirements. 2.2.10.4.3.6. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. 2.2.12.2.1. Permitted uses. 1. Accounting, auditing and bookkeeping services (8721). 7.Educational Plants. 7,. 8_. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. § 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to section 2.6.26. g:. 9~ Offices for engineering, architectural, and surveying services (groups 0781, 8711--8713). % 10.___:. Health services (8011--8049). 4~. 11._~. Individual and family social services (8322 activity centers, elderly or handicapped; adult day care centers; and day care centers, adult and handicapped only). 44-:. 12__~. Insurance carriers, agents and brokers (groups 6311--6399, 6411). ~ 13~ Legal services (8111). ~ 14___:. Management and public relations services (groups 8741--8743, 8748). ~ 15_~. Miscellaneous personal services (7291 or 7299, debt counseling only). 4-5:. 16._~. Nondepository credit institutions (groups 6141--6163). ~ 17.__~. Photographic studios (7221). ~__18. Physical fitness facilities (7991 permitted only when physically integrated and operated in conjunction with another permitted use in this district - no stand alone facilities shall be permitted). ~ 19...~. Real estate (groups 6531--6552). ~ 20__.:. Shoe repair shops and shoeshine parlors (7251). ~ 21__:. Security and commodity brokers, dealer, exchanges and services (groups 6211--6289). L~. 22._:. Transportation services (4724), travel agencies only. Page 33 of 168 Words sm:ok t~rc'ag~ are deleted, words underlined are added ~ 23. Any other commercial use or professional services which is comparable in nature with the fo--regoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are purely associated with activities conducted in an office. 2.2.12.3. Conditional uses. The following uses are permissible as conditional uses in the (C-1) commercial professional and general office district, subject to the standards and procedures established in ~i:.!:ien section 2.7.4.: 1. Ancillary Plants. 2_:. Automobile parking (7521), garages-automobile parking, parking structures. 2-:. 3~ Churches and other places of worship. ~. 4~ Civic, social and fraternal associations (8641). 5~ Depository institutions (groups 6011--6099). 6_. Educational services (8211--8231, except regional libraries). ~.. 7~ Homeless shelters, as defined by this Code. 8_:. Increased building height to a maximum of 50 feet. 9_:. Mixed residential and commercial uses subject to the following criteria: a. A site development plan is approved pursuant to division 3.3. that is designed to protect the character of the residential uses and of the neighboring lands; b. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; c. The residential uses are designed so that they are compatible with the commercial uses; d. Residential dwelling units are located above principal uses; e. Residential and commercial uses do not occupy the same floor of a building; f. The number of residential dwelling units shall be controlled by the dimensional standards of the C- 1 district, together with the specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor area of the building; g. Building height may not exceed two stories; h. Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one-bedroom, 450 square feet; two-bedroom, 650 square feet; three- bedroom, 900 square feet; i. A minimum of 30 percent of the mixed use development shall be maintained as open space. The following may be used to satisfy the open space requirements: areas used to satisfy water management requirements, landscaped areas, recreation areas, or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); j. The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking areas from residential units, to the greatest extent possible. 9,. 10__:. Nursing and personal care facilities (8082). 4~. 11~ Funeral service (7261 except crematories). 44-:. 12._~. Religious organizations (8661). ~ 13.__~. Soup kitchens, as defined by this Code. 4~. 14__~. Veterinarian's office (0742), excluding outdoor kenneling. Page 34 of 168 Words Stln,-'.ck t?.re'.:'g~ are deleted, words underlined are added -1-4:. 15___:. Any other commercial or professional use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeals. 2.2.12.4.3. Minimum yard requirements. 1. Front yard. 25 feet. 5. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. 2.2.13.2.1. Permitted uses. 1. Unless otherwise provided for in this section, all permitted uses and all conditional uses except increased height and mixed residential and commercial uses of the C-1 commercial professional and general office district. 5. Educational Plants. ~. 6_:. Food stores with 2,800 square feet or less of gross floor area in the principal structure (groups 5411 except supermarkets, 5421--5499). 6:. 7_. Gasoline service stations (5541 subject to section 2.6.28). 7-:. 8_:. General merchandise stores with 1,800 square feet or less of gross floor area in the principal structure (5331--5399). g:. 9~ Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 9:. 10__:. Hardware stores with 1,800 square feet or less of gross floor area in the principal structure (5251). ~ 11___:. Health services (groups 8011--8049, 8082). ~ 12._.~. Home furniture, furnishing and equipment stores with 1,800 square feet or less of gross floor area in the principal structure (groups 5713--5719, 5731--5736). ~ 13___:. Libraries (8231) except regional libraries ~ 14~. Miscellaneous repair services, except aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines (7629--7631). ~ 15.__:. Miscellaneous retail services with 1,800 square feet or less of gross floor area in the principal structure (5912, 5942--5961). ~ 16__~. Paint, glass and wallpaper stores with 1,800 square feet or less of gross floor area in the principle structure (5231). ~ 17__~. Personal services (groups 7212, 7215, 7221--7251, no beauty or barber schools, 7291). -1-%. 18.__~. United States Postal Service (4311 except major distribution center). ~ 19___~. Veterinary services (0742 excluding outside kenneling). Page 35 of 168 Words z~ac!: ~zt:g~ are deleted, words underlined are added ~ 20.__:. Videotape rental with 1,800 square feet or less of gross floor area in the principal structure (7841). 2.2.13.3. Conditional uses. The following uses are permissible as conditional uses in the commercial convenience district (C-2), subject to the standards and procedures established in divisizn section 2.7.4.: 1. Ancillary Plant. 2~ Educational services (8221, 8222) except regional libraries. 3_:. Homeless shelters, as defined by this Code. 4_,. Mixed residential and commercial uses subject to the following criteria: a. A site development plan is approved pursuant to dD_ivision 3.3 that is designed to protect the character of the residential uses and neighboring lands; b. The commercial uses in the development may be limited in hours of operation, size of delivery tracks, and type of equipment; c. The residential uses are designed so that they are compatible with the commercial uses; d. Residential dwelling units are located above principal uses; e. Residential and commercial uses do not occupy the same floor of a building; f. The number of residential dwelling units shall be controlled by the dimensional standards of the C-2 district, together with the specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor area of the building or the density permitted under the growth management plan; g. Building height may not exceed two stories; h. Each residential dwelling efficiency and one-bedroom, bedroom, 900 square feet; unit shall contain the following minimum floor areas: 450 square feet; two-bedroom, 650 square feet; three- i. The residential dwelling units shall be restricted to occupancy by the owners or lessees of the commercial units below; j. A minimum of 30 percent of the mixed use development shall be maintained as open space. The following may be used to satisfy the open space requirements: areas used to satisfy water management requirements; landscaped areas; recreation areas; or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); k. The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking areas from residential units, to the greatest extent possible. ~ 5.=. Permitted personal service, video rental or retail uses with more than 1,800 square feet of gross floor area in the principal structure. ~. 6~ Permitted food service (eating places or food stores) uses with more than 2,800 square feet of gross floor area in the permitted principal structure. 6=. 7~ Soup kitchens, as defined by this Code. ~. 8_=. Any other convenience commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with purpose and intent statement of the district, as determined by the board of zoning appeals. 2.2.13.4.3. Minimum yard requirements. Page 36 of 168 Words ....... ~cm:gh are deleted, words underlined are added 1. Front yard. 25 feet. 5. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. 2.2.14.2.1. Permitted uses. 1. Unless otherwise provided for in this section, all permitted uses of the C-2 commercial convenience district. 7. Educational Plants. 8~ Food stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5411--5499). 9~ General merchandise stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5331--5399). 10..._~. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. JO:. 11___:. [Reserved.] 12___~. Home furniture, furnishing, and equipment stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5712--5736). 13_._.:. Libraries (8231). ~ 14~ Marinas (4493), subject to section 2.6.22. 44,. 15__.~. Membership organizations (8611--8699). 4~. 16__:. Miscellaneous repair services (groups 7629--7631, 7699 bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). t~. 17__~. Miscellaneous retail with 5,000 square feet or less of gross floor area, except drug stores (groups 5912--5963 except pawnshops and building materials, 5992--5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths). 18__:. Museums and art galleries (8412). 19__:. Nondepository credit institutions (groups 6111--6163). ~ 20_..~. Paint, glass and wallpaper stores with 5,000 square feet or less of gross floor area in the principal structure (5231). 30. 21.__:. Personal services with 5,000 square feet or less of gross floor area in the principal structure (groups 7211, 7212, 7215, 7216 nonindustrial dry cleaning only,, 7291, 7299, babysitting bureaus, clothing rental, costume rental, dating service, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only). 22__:. Physical fitness facilities (7991). ~ 23..~. Public administration (groups 9111--9199, 9229, 9311, 9411 ~-9451, 9511--9532, 9611- -9661). Page 37 of 168 Words :.~. ~:c!: t?~rc, ug~ are deleted, words underlined are added ~ 24__~. Retail nurseries, lawn and garden supply stores with 5,000 square feet or less of gross floor area in the principal structure (5261). ~ 25__.~. Veterinary services (groups 0742, 0752 excluding outside kenneling). ~ 26._=. Videotape rental with 5,000 square feet or less of gross floor area in the principal structure (7841). 2~. 27~ United States Postal Service (4311 except major distribution centers). ~ 28_=. Any use which was permissible under the prior GRC zoning district and which was lawfully existing prior to the adoption of this Code. ~ 29_=. Any of the foregoing uses that are subject to a gross floor area limitation shall be permitted by right without the maximum floor area limitation if the use is developed as an individual structure that is part of a shopping center. 2.2.14.3. Conditional uses. The following uses are permissible as conditional uses in the commercial intermediate district (C-3), subject to the standards and procedures established in div;.ziv, n section 2.7.4.: 1. Amusements and recreation services (groups 7911, 7922 community theaters only, 7933, 7993, 7999 boat rental, miniature golf course, bicycle and moped rental, rental of beach chairs and accessories only). 2. Ancillary Plants. X 3_. Drinking places (5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 2.6.10. 3:. 4_. Educational services (8221, 8222). 4,. 5_. Food stores with greater than 5,000 square feet of gross floor area in the principal structure (groups 5411--5499). ~. 6_. Homeless shelters, as defined by this Code. ~.. 7_. Hospitals (groups 8062--8069). ~. 8_. Justice, public order and safety (groups 9211, 9222, 9224, 9229). 8,. 9_. Social services (8322--8399). 9,. 10._~. Mixed residential and commercial uses, subject to the following criteria: a. A site development plan is approved pursuant to division 3.3 that is designed to protect the character of the residential uses and neighboring lands; b. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; c. The residential uses are designed so that they are compatible with the commercial uses; d. Residential dwelling units are located above principal uses; e. Residential and commercial uses do not occupy the same floor of a building; f. The number of residential dwelling units shall be controlled by the dimensional standards of the C~3 district, together with the specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor area of the building or the density permitted under the growth management plan; g. Building height may not exceed two stories; h. Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one-bedroom, 450 square feet; two-bedroom, 650 square feet; three- bedroom, 900 square feet; Page 38 of 168 Words s~ack ~ugh are deleted, words underlined are added i. The residential dwelling units shall be restricted to occupancy by the owners or lessees of the commercial units below; j. A minimum of 30 percent of the mixed use development shall be maintained as open space. The following may be used to satisfy the open space requirements: areas used to satisfy water management requirements; landscaped areas; recreation areas; or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); k. The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking areas from residential units, to the greatest extent possible. ~ 11_._~. Motion picture theaters, except drive-in (7832). ~ 12~ Permitted personal services, video rental or retail uses (excluding drag stores (5912)), with more than 5,000 square feet of gross floor area in the principal structure. ~ 13.__~. Permitted food service (eating places) uses with more than 6,000 square feet of gross floor area in the principal structure. ~ 14_~. Permitted use with less than 700 square feet gross floor area in the principal structure. ~ 15___~. Soup kitchens, as defined by this Code. 16___:. Vocational schools (8243--8299). ~ 17__:. Any other intermediate commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the permitted uses and purpose and intent statement of the district, as determined by the board of zoning appeals. 2.2.14.4.3. Minimum yard requirements. 1. Front yard. 25 feet or one-half of the building height as measured from grade, whichever is the greater. Yard Requirements for public schools. a. For principal structures: 50 feet from all property_ lines. b. For accessory structures: 25 feet from all property lines. 2.2.15.2.1. Permitted uses. 1. Unless otherwise provided for in this Code, all permitted uses in the C-3 commercial intermediate district. 4. Ancillary Plants. ~ 5~ Automotive dealers and gasoline service stations (groups 5511,5531, 5541 with services and repairs as described in section 2.6.28, 5571, 5599 new vehicles only). ~. 6~ Automotive repair, services, parking (groups 7514, 7515, 7521 except that this shall not be construed to permit the activity of "tow-in parking lots"), and carwashes (group 7542), provided that carwashes abutting residential zoning districts shall be subject to the following criteria: Page 39 of 168 Words :m:ck ffzcug~ are deleted, words underlined are added a. Size of vehicles. Carwashes designed to serve vehicles exceeding a capacity rating of one ton shall not be allowed. b. Minimum yards. 1. Front yard setback: 50 feet. 2. Side yard setback: 40 feet. 3. Rear yard setback: 40 feet. c. Minimum frontage. A carwash shall not be located on a lot with less than 150 feet of frontage on a dedicated street or highway. d. Lot size. Minimum 18,000 square feet. e. Fence requirements. If a carwash abuts a residential district, a masonry or equivalent wall constructed with a decorative finish, six feet in height shall be erected along the lot line opposite the residential district and the lot lines perpendicular to the lot lines opposite the residential district for a distance not less than 15 feet. The wall shall be located within a landscaped buffer as specified in section 2.4.7. All walls shall be protected by a barrier to prevent vehicles from contacting them. f. Architecture. The building shall maintain a consistent architectural theme along each building facade. g. Noise. A carwash shall be subject to Ordinance No. 90-17, Collier County Noise Control Ordinance [Code ch. 54, art. IV]. h. Washing and polishing. The washing and polishing operations for all car washing facilities, including self-service car washing facilities, shall be enclosed on at least two sides and shall be covered by a roof. Vacuuming facilities may be located outside the building, but may not be located in any required yard area. i. Hours of operation. Carwashes abutting residential districts shall be closed from 10:00 p.m. to 7:00 a.m. & 7~ Building materials, hardware and garden supplies (groups 5231--5261). 7-:. 8_:. Business services (groups 7311--7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, 7361, 7381, except armored car and dog rental, 7382--7389 except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories telephone, drive-away automobile, exhibits-building, filling pressure containers, field warehousing, fire extinguisher, floats-decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting and window trimming service). & 9~ Commercial printing (2752, excluding newspapers). % 10__:. Communications (groups 4812--4841) including communications towers up to specified height, subject to section 2.6.35. 4-IX. 11~ Eating and drinking establishments (5812, 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 2.6.10. 12. Educational Plants. ~ 13. Educational services (8221, 8222) 4~. 14__:. Engineering, accounting, research, management and related services (groups 8711-- 8748). ~ 15~ Food stores (groups 5411--5499). Page 40 of 168 Words s~azlz ff~ough are deleted, words underlined are added 16_=. General merchandise stores (5311). 4-5:. 17_=. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. ~ 18~ Health services (groups 8051--8059, 8062-8069, 8071--8072 and 8092--8099). 4-%. 19_=. Hotels and motels (groups 7011, 7021 ~ 20._=. Marinas (4493, 4499 except canal lighterage, marine salvaging, marine wrecking, ,7041 when located within an activity center). operation, cargo salvaging, ship dismantling, steamship leasing), subject to section 2.6.22. 4~. 21._~. Miscellaneous repair services (groups 7622--7641, 7699 except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin, septic tank and cesspool cleaning, coppersmithing, farm machinery repair, fire equipment repair, furnace and chimney cleaning, industrial truck repair, machinery cleaning, repair of service station equipment, boiler cleaning, tinsmithing, tractor repair). ~ 22__=. Miscellaneous retail (groups 5912-5963, 5992-5999). ~ 23_=. Motion picture theaters (7832). ~ 24~ Public or private parks and playgrounds. 2~. 25_.=. Personal services (groups 7215, 7217, 7219, 7261 except crematories, 7291--7299). ~ 26. Real estate (group 6512). ~ 27__:. Social services (groups 8322--8399, except for homeless shelters and soup kitchens). ~ 28__:. [Reserved.] ~ 29~ Vocational schools (groups 8243--8299). 2.2.15.4.3. Minimum yard requirements. 1. Front yard. 25 feet or one-half of the height of the building as measured from grade whichever is the greater. Structures 50 feet in height or greater shall maintain a minimum of a 25 foot front yard setback and shall be required to provide an additional one foot of setback for each foot of building height in excess of 50 feet. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property_ lines. 2.2.15 1/2.2.1. Permitted uses. 1. Unless otherwise provided for in this section, all permitted uses in the C-4 general commercial district. 2. Ancillary Plants. ~ 3_. Auctioneering/auction houses (groups 7389, 5999). & 4_. Automotive dealers and gasoline service stations (groups 5511--5599). 4:. 5_. Automotive repair, services and parking (groups 7513--7549), provided that carwashes abutting residential zoning districts shall be subject to the following criteria: Page 41 of 168 Words s~-'-ck through are deleted, words underlined are added a. [Size of vehicles.] Carwash designed to serve vehicles exceeding a capacity rating of one ton shall not be allowed. b. Minimum yards. (1) Frontyard setback: 50 feet. (2) Side yard setback: 40 feet. (3) Rear yard setback: 40 feet. c. Minimum frontage. A carwash shall not be located on a lot with less than 150 feet of frontage on a dedicated street or highway. d. Lot size. Minimum 18,000 square feet. e. Fence requirements. If a carwash abuts a residential district, a masonry or equivalent wall constructed with a decorative finish, six feet in height shall be erected along the lot line opposite the residential district and the lot lines perpendicular to the lot lines opposite the residential district for a distance not less than 15 feet. The wall shall be located within a landscaped buffer as specified in section 2.4.7. All walls shall be protected by a barrier to prevent vehicles from contacting them. f. Architecture. The building shall maintain a consistent architectural theme along each building facade. g. Noise. A carwash shall be subject to Ordinance No. 90-17, Collier County Noise Control Ordinance [Code ch. 54, art. IV]. h. Washing and polishing. The washing and polishing operations for all car washing facilities, including self-service car washing facilities, shall be enclosed on at least two sides and shall be covered by a roof. Vacuuming facilities may be located outside the building, but may not be located in any required yard area. i. Hours of operation. Carwashes abutting residential districts shall be closed from 10:00 p.m. to 7:00 a.m. &. 6_. Building construction--General contractors (groups 1521-- 1542). &.. 7~ Building materials (groups 5211--5261). 7-:. 8. Business services (groups 7311--7353, 7359, 7389 contractors' disbursement, directories- tele'-Chone, recording studios, swimming pool cleaning, and textile designers only). g:. 9~ Construction--special trade contractors (groups 1711--1793, 1796, 1799). 2. Educationa___! Plants. ¢. 11._.:. Education services (groups 8243--8249). t~. 12__~. Motor freight transportation and warehousing (4225 mini- and self-storage warehousing only). 44-:. 13___~. Fishing, hunting and trapping (groups 0912--0919). ~ 14.__:. Glass and glazing work (1793). 4~. 15_..~. Crematories (7261). ~ 16.._~. Justice, public order and safety (groups 9211, 9221, 9222, 9224, 9229). ~ 17__:. Local and suburban transit (groups 4111--4121). ~ 18__~. Mobile home dealers (5271). ~ 19_._~. Miscellaneous repair services (groups 7622--7699). ~ 20. Outdoor storage yard, provided outdoor storage yard not be located closer than 25 feet to any public street and that such yard shall be completely enclosed, except for necessary ingress and egress, pursuant to the requirements of Section 2.2.15 1/2.6 of this Code. This provision shall not allow as a permitted or accessory use, wrecking yards, junkyards, or yards Page 42 of 168 +~., · ~1~ +1-.~,, ~1,, Words s ........... ~_ are deleted, words underlined are added used in whole or part for scrap or salvage operations or for processing, storage, display, or sales of any scrap, salvage, or secondhand building materials, junk automotive vehicles, or secondhand automotive vehicle parts. ~ 21__~. Printing, publishing, and allied industries (groups 2711, 2721). ~ 22__~. Transportation services (groups 4724-1729). 2.2.15 1/2.4.3. Minimum yard requirements. 1. Front yard. 25 feet. 2.2.16.2.1. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. Permitted uses. Agricultural services (groups 0711, except that chemical treatment of soil for crops, fertilizer application for crops and lime spreading for crops shall be a minimum of 500 feet from a residential zoning district, 0721, except that aerial dusting and spraying, disease control for crops, spraying crops, dusting crops, and insect control for crops (with or without fertilizing) shall be a minimum of 500 feet from a residential zoning district, 0722--0724, 0761, 0782, 0783). 2. Apparel and other finished products (groups 2311--2399). 3. Ancillary Plants. & 4_. Automotive repair, service, and parking (groups 7513--7549). 5_. Barber shops (group 7241). & 6_:. Beauty shops or salons (7231). 6: 7_:. Building construction (groups 1521--1542). ~. 8. Business services (groups 7312, 7313, 7319, 7334--7336, 7342--7389, including auction roo--ms (5999), subject to parking and landscaping for retail use). 8:. 9_:. Communications (groups 4812 4899 including communications towers up to specified heights, subject to section 2.6.35). ~. 10___: Construction--Special trade contractors (groups 1711--1799). 4&. 11__~. Crematories (7261). ~ 12.._~. Depository and nondepository institutions (groups 6011--6163). 13. Eating places (5812). ~ 14_.~. Educational services (8243--8249). -1-&. 15_~. Electronic and other electrical equipment (groups 3612--3699). ~ 16._..:. Engineering, accounting, research, management and related services (groups 8711-- 8748). ~ 17__.~. Fabricated metal products (groups 3411--3479, 3491--3499). Page 43 of 168 Words .... ~- ,~ ..... ~ ~ro deleted, words underlined are added ~ 18__:. Food and kindred products (groups 2011--2099 except slaughtering plants). ~ 19___~. Furniture and fixtures (groups 2511--2599). t~. 20__:. General aviation airport. L~. 21___~. Gunsmith shops (groups 7699) ~ 22. Heavy construction (groups 1611--1629). ~ 23_._~. Health services (8011 accessory to industrial activities conducted on-site only). ~ 24__~. Industrial and commercial machinery and computer equipment (3511--3599). L~. 25__: Insurance agents, brokers, and service, including Title Insurance (group 6361 and 6411). ~ 26_._:. Leather and leather products (groups 3131--3199). L~. 27._:. Local and suburban transit (groups 4111--4173). 2~. 28__~. Lumber and wood products (groups 2426, 2431--2499). L~. 29__.:. Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks (groups 3812--3873). ~ 30. Membership organizations (groups 8611, 8631). 30. 31__:. Miscellaneous manufacturing industries (groups 3911--3999). ~ 32___~. Miscellaneous repair services (groups 7622--7699) with no associated retail sales. ¢~. 33. Motor freight transportation and warehousing (groups 4212, 4213 4225, 4226 except oil an--'~ gas storage, and petroleum and chemical bulk stations). ~ 34___:. Outdoor storage yards pursuant to the requirements of section 2.2.151/2.6. 34.35___:. Paper and allied products (2621--2679). ~ 36___:. Personal services (groups 7211--7219). 36:. 37__:. Physical fitness facilities (group 7991). ~ 38___:. Printing, publishing and allied industries (groups 2711--2796). 38. 39__~. Railroad transportation (4011, 4013). 39. 40_._:. Real estate brokers and appraisers (6531). 4~. 41.__~. Rubber and miscellaneous plastics products (groups 3021, 3052, 3053). 4~. 42.__:. Shooting range, indoor (group 7999). ~ 43. Stone, clay, glass, and concrete products (groups 3221, 3251, 3253, 3255--3273, 3275, 3281). ~ 44. Textile mill products (groups 2211--2221, 2241--2259, 2273--2289, 2297, 2298). ~ 45._:. Title abstract offices (group 6541). 4&. 46. Transportation equipment (groups 3714, 3716, 3731, 3732, 3751, 3761, 3764, 3769, 3792, 3799). 4&. 47....Transportation by air (groups 4512--4581). ~ 48.. Transportation services (groups 4724---4783, 4789 except stockyards). 4~. 49. United States Postal services (4311). 49. 50_._:. Welding repair (7692). ~ 51.__:. Wholesale trade--Durable goods (groups 5012--5014, 5021--5049, 5063--5092, 5094--5099). Page 44 of 168 Words ~t:'.a ........ ~,~. are deleted, words underlined are added ~ 52. Wholesale trade--nondurable goods (groups 5111--5159, 5181, 5182, 5191 except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides must be a minimum of 500 feet from a residential zoning district (5192--5199). 2.2.16.4.3. Minimum yard requirements. 1. Front yard. 25 feet. Yard Requirements for public schools.. a. For principal structures: 50 feet from all property lines,. b. For accessory structures: 25 feet from all property lines_. Sec. 2.2.17. Conservation District (CON District). 2.2.17.1. PURPOSE AND INTENT. The purpose and intent of the oConservation dD_istrict (CON District) is to conserve, protect and maintain vital natural resources within unincorporated Collier County that are owned primarily by the public. All native habitats possess ecological and. physical characteristics that iustify attempts to maintain these important natural resources. Barrier Islands, coastal bays, wetlands, and habitat for listed species deserve particular attention because. ~of their ecological value and their sensitivity to perturbation. All proposals for development in fl,e. CON District must be subiect to rigorous review to ensure that the impacts of the development do not destroy or unacceptably degrade the inherent functional values. The CON district includes such public lands as Everglades National Park, Big Cypress National Preserve, Florida Panther National. Wildlife Refuge,. portions of th.__~e Big Cypress Area of Critical State Concern, Fakahatchee Strand State Preserve, Collier-Seminole State Park, Rookery Bay National Estuarine Sanctuary Research Reserve, Delnor-Wiggins State Park, and the National Audubon's Corkscrew Swamp Sanctuary (privately owned), and C.R.E.W. It is the intent of the CON dDistrict to require review of all development proposed within the CON dD_istrict to ensure that the inherent value of Collier County's natural resources is not destroyed or unacceptably altered. The CON dD__istrict corresponds to and implements the conservation land use designation on the future land use map of the Collier County growth management plan. T~e of*~e gtc;;&. ~nagement p!ar 2.2.17.2. ~ ALLOWABLE USES. The following uses are pem'.2~e~ as cf r;.gkt, as ...... c~o~cpj' tc ~em'~.;.~e~ uses, allowed in the CON District. .} l'~a 1A . 2 .........' . USES PERMITTED AS OF RIGHT. 1. P",b!;.c!y c',:.~-e~ parks On privately held land only, single family dwelling units, and mobile homes where the Mobile Home Zoning Overlay exists. 2. On ublicl and rivatel held lands onl dormitories du lexes and other es of housing, as may be incidental to, and in support of, conservation uses. 3. Passive arks and other assive recreational uses includin but not limited to: ~.a.__.Oopen space and recreational uses,~ gbiking, hiking, canoeing, and nature trails,; gequestrian paths:~ and. Nnature preserves and wildlife sanctuaries. Habitat preservation and conservation uses,. 5. Family and Group Care Facilities. Page 45 of 168 Words ~ are deleted, words underlined are added 6. Sporting and Recreational camps incidental to Conservation uses on public lands; or.~ on privately held lands~ 7. Agricultural uses that fall within the scope of Sections 163.3162{4) and 823.14(6) Florida Statutes. 7-:8.Oil and gas exploration subject to state drilling permits and Collier County site dev--elopment plan review procedures. Direct!o .nal.-dri!ling and/or previously cleared or disturbed areas shall be utilized in order to rmmm~ze nnpacts to native habitats, where detcmfined to be practicable. This requirement shall be deemed satisfied upon issuance of a state pctnlit in compliance with the criteria established in Chapter 62C-25 through 62C- 30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as.. defined in Rule 62C-30.001(2). All applicable Collier County oil and gas environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities h, Collier County, so long as the state permits comply with the requirements of Chapter 62C- 25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 277.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, even if outside the defined Big Cypress Watershed. All access roads shall be constructed and protected from unauthorized used according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. The following Essential Services: a. Private wells and septic tanks necessary to serve uses identified inl through 8 above. b. Utility lines necessary to serve uses identified inl through 8 above, with the exception of sewer lines. c. Sewer lines and lift stations if all of the following criteria are satisfied: (1) Such sewer lines or lift stations shall not be located in any NRPA Lands in the CON District; (2) Such sewer lines or lift stations shall be located with akeady cleared portions of existing rights-or-way or easements; and (3) Such sewer lines or lift stations are necessary to serve a central sewer system that provides service to Urban Areas or to the Rural Transition Water and Sewer District. d. Water pumping stations necessary to service a central water system providing service to Urban Areas and/or the Rural Transition Water and Sewer District. 2.2. !7.2.2. B. USES ACCESSORY TO PERMITTED USES. Uses and structures that are accessory and incidental to uses permitted as of right in the CON district. 2.2.17.3. C. CONDITIONAL USES. The following uses are permitted as conditional uses in the cc. nszv:atL~n ~;.:~ict CON, subject to the standards and procedures established in division 2.7.4 and further subject to: 1) submission of a plan for development as part of the required EIS that demonstrates that wetlands, listed species and their habitat are adequately protected; and 2) conditions which may be imposed by the Board of County Commissioners, as deemed appropriate, to limit the size, location, and access to the conditional use. 3. Ccmstsries. 5. E g~-h~'r£ning · ~.1 Oil and gas field development and production, subject to state field development permits and Collier County site development plan review procedures. Dir.ec!io.nal~drilling and/or previously cleared or disturbed areas shall be utilized in order to rmnamze ~mpacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Page 46 of 168 Words s~ack t?z.wagh are deleted, words underlined are added Cha ter 62C-25 throu h 62C-30 F.A.C. re ardless of whether the activi occurs within the Bi C ress Watershed as defined in Rule 62C-30.001 2 . All a licable Collier Coun oil and as environmental ermittin re uirements shall be considered satisfied b evidence of the issuance of all a licable federal and/or state oil and as ermits for ro osed oil and as activities in Collier Coun so lon as the state ermits corn 1 with the re uirements ofCha ter 62C-25 throu h 62C-30 F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be res onsible for convenin the Bi C tess Swam Adviso Conu-fdttee as set forth in Section 277.42 F.S. to assure co liance with Cha ter 62C-25 throu h 62C-30 even if outside the defined Bi C ress Watershed. All access roads shall be constructed and rotected from unauthorized used accordin to the standards established in Rule 62- 30.005(2)(a)(1) through (12), F.A.C. 2. Those Essential Services set forth in Section 2.6.9.2.B. 3. Commercial uses accesso to errmtted uses A.3 A.4 and A.7 above such as retail sales of roduce accesso to farmin or a restaurant accesso to a ark or reserve so long as limitations are imposed to ensure that the commercial use functions as a subordinate use. 4. Staff housin in con'unction with safe service facilities and essential services. 2.2.17.4. 2.2.17.3. DESIGN CRITERIA: A. DIMENSIONAL STANDARDS. The following dimensional standards shall apply to al'-~ permitted and accessory uses in the conservation district (CON). g-.g-A-g~.l. Minimum lot area. F;.ve acres; Each dwelling unit, other than for staff housing and s ortin and recreational ca s must be h sicall situated on a minimum five acre arcel exce t within the Bi C tess National Preserve where each dwellin unit must be h sicall situated on a minimum 3 acre arcel exce t for those le al nonconformin lots or parcels in existence as of June 22, 2002, of less than five acres outside of the Big Cypress National Preserve and of less than 3 acres within the Big Cypress National Preserve. 2.2.!7.4.2. Minimum lot width. One hundred fifty feet. ~3. Minimum yard requirements. Front yard. 50 feet. ~..b__. Side yard. 50 feet. &c_.Rear yard. 50 feet. 2.2.17.4.4. Maximum height. Thirty-five feet. 2,2.17.4.5. B. MAXIMUM DENSITY AND INTENSITY... 1. Single family dwellings and mobile homes 4-) a_. One dwelling unit for each five gross acres or one dwelling unit for each legal, nonconforming lot or parcel in existence as of June 22, 2002 of less than five acres, except within the Big Cypress National Preserve. 2-) b. Within the Big Cypress National Preserve, one dwelling unit per 3 gross acres, or one dwelling unit per legal, nonconforming lot or parcel in existence as of June 22, 2002 of less than 3 acres, within ~e Big Cypress Natizna! Preserve ~ :mx!mum den: ' ~ ........................... gross acr~. 2. Family Care Facilities: 1 unit per 5 acres., 3. Group Care Facilities and other Care Housing Facilities: maximum floor area ratio not to exceed 0.45. 4. S ortin and Recreational Cam s: 1 lod in unit er 5 ross acres which ma be achieved through clustering. 5. Staff housing: 1 lodging unit per 5 gross acres, which may be achieved through clustering.. 2.2. ! 7.4.6. C_=. OFF-STREET PARKING. As required in D_division 2.3. Page 47 of 168 Words ~ are deleted, words underlined are added ~ D. LANDSCAPING. As required in D__division 2.4. 2.2.17.4.8 E_._~. SIGNS. As required in D._division 2.5. 2.2.18.2.1. Permitted uses. 1. Administrative service facilities. 6. Educational Plants,. 6:. 7~ Essential public service facilities. ~. 8~ Fairgrounds. g:. 9~ Libraries. ¢. 10__~. Museums. 4&. 11___~. Park and recreational service facilities. ~ 12.__~. Parking facilities. ~ 13___~. Safety service facilities. ~ 14. Any other public structures and uses which are comparable in nature with the foregoing uses. 2.2.18.3. Conditional uses. The following uses are permissible as conditional uses in the public use district (P), subject to the standards and procedures established in d~.'::.g:.en section 2.7.4: 1. Airports and parking facilities. 2. Ancillary Plants. ~. 3~ Animal control. & 4~ Detention facilities and jails. & 5~ Detoxification facilities. ~. 6~ Electric or gas generating plants. & 7~ Incinerators. ~ 8~ Major maintenance and service facilities. g:. 9~ Mental health and rehabilitative facilities, not for profit. ~ 10__:. Resource recovery plants. ~ 11.__~. Rifle and pistol range for law enforcement training. 44-:. 12___:. Sanitary landfills. 4~. 13.__:. Any other public uses which are comparable in nature with the foregoing uses. 4~. 14.__~. Earthmining. 2.2.18.4.3. Minimum yard requirements. The yard requirements of the most restrictive adjoining district shall apply to all portions of the site within 100 feet of the adjoining district. Page 48 of 168 Words sm:ok t?~.~'ag~ are deleted, words underlined are added 1. Yard Requirements for public schools... a. For principal structures: 50 feet from all property lines.. b. For accessory structures: 25 feet from all property lines. 2.2.19.2.1. Permitted uses. 1. Child care centers. 7. Public, private and parochial schools. .schools. This includes "Educational Plants" for public 2.2.19.3. Conditional uses. The following uses are permitted as conditional uses in the community facility district (CF), subject to the standards and procedures established in di;5:!zn section. 2.7.4: 1. Ancillary Plants. & 2~ Archery ranges. 2-:. 3__:. Cemeteries. ~. 4_. Community centers. 4,. 5_.:. Golf driving ranges. S:. 6._:. Group care facility (category II, care unit), subject to section 2.6.26. 6:. 7~ Marinas, boatramps. ~. 8__:. Private clubs, yacht clubs. ~. 9~ Public swimming pools. ~ 10_..:. Tennis facilities. 2.2.19.4.3. Minimum yard requirements. 1. Front yard. 25 feet. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. 2.2.20.7. Special requirements for public school facilities within a planned unit development. 2.2.20.7.1. Permitted facilities. Page 49 of 168 Words s~ac~x *.?am:'gh are deleted, words underlined are added Ancillary Plants and Educational Plants are both permitted in a planned unit develovment district; however, any high school located in this district is subiect to a compatibility review as described in Section 3.3. of the code. 2.2.20.7.2. Yard Requirements for public schools... 1. For principal structures: 50 feet from all property lines... 2. For accessory structures: 25 feet from all property lines.. 2.2.27 Rural Lands Stewardship Area Overlay District Design Standards 2.2.27.2 Definitions. As used in the RLSA District Regulations, the terms below shall have the meanings set forth below, to the exclusion of any meanings ascribed to such terms in Division 6.3.:. 1. Accessor~ Dwelling Unit - a dwelling unit that is supplemental and subordinate to a primary. dwelling on the same premises, limited to 650 square feet,. 4-:. 2. Baseline standards - Baseline standards are the allowable uses, density, intensity and other lan~ 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 July 25, 2000, and subject to the further provisions of section 2.2.27.8. 3. Buildine Height - Refers to the vertical extent of a building. Building height is measured in. Stories. 4. Civic and Institutional Uses - Structures developed for and/or used by established or anizations or foundations dedicated to ublic service or cultural activities includin the arts education, government and religion. ~. 5.~. 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. 6. Context Zones - Areas that establish the use, intensity and diversity within a town, village or hamlet. Context zones s ecif ermitted land uses FARs buildin hei ht setbacks and other regulating elements to guide the establishment of the urban to rural continuum. ~ 7. Designation - Application of the SSA or SRA concepts through a formal application, revi'-ew, and approval process as described in the RLSA District Regulations. ~ 8._:. 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. &. 9. 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. 6:. 10. 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. zh. 11. 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); Page 50 of 168 Words ~ are deleted, words underlined are added 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). 8=. 12._=. 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. 9:. 13...=. 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. ~ 14.__:. 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. 44=. 15__=. 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. -1-2-:. 16. Natural resource index map series (index maps) - The Rural Lands Study Area Natural Resource Index Map Series adopted as part of the FLUE. ~ 17. Natural resource index value (index value) - The sum of the values assigned to each acre, d"---erived through the calculation of the values assigned to each of the six characteristics included in the index. 18. Neighborhood Edge - A defining Context Zone that includes the least intensity and diversi within the town villa e or hamlet. The zone is redominantl sin le famil residential and recreational uses. The Nei hborhood Ed e ma be use to rovide a transition to ad'oinin rural land uses. 19. Neighborhood General - A defining Context Zone that creates community diversity with the inclusion of a mix of single and multi-family housing, neighborhood scale goods an,!. services, schools, parks and other recreational uses, and open space: 20. Nei hborhood Goods and Services Zone - Zone located within the Nei hborhood General Context Zone. These zones are intended to provide convenient neighborhood scale retail. and office use within proximity to the residential uses in order to support conmamity walkability. ~ 21._=. 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. 22. Pathway - A defined corridor for the primary use of non-motorized travel. 4-5=. 23. Post secondary institution ancillary uses - Any use or facility owned by a public or privat-"~ post secondary institution that is of a type commonly found on public or private post secondary institution campuses. 4-6:. 24. 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. 4-7-:. 25. Restoration potential indices - One of the indices comprising the natural resource index value---~f 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. Page 51 of 168 Words s~ack *~ ..... ~, ~r~ deleted, words underlined are added ~ 26. 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. t~. 27___:. 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. ~ 28.._~. 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. ~ 29___:. RLSA district regulations - Collier County Land Development Code Section 2.2.27. g-2-:. 30__:. 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). 31. Special Districts - An area dedicated for certain uses that cannot be incorporated into one of the Context Zones. S ecial Districts rovide for the inclusion ofuni ue uses and development standards not otherwise defined in a context zone. ~ 32.__:. 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. ~ 33. SSA - Stewardship sending area - A designated area within the RLSA District that has been a'---pproved for the generation of stewardship credits in exchange for the elimination of one or more land use layers. 2~. 34__:. 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. ~ 35___~. 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. ~ 36_._:. 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. ~ 37.__~ 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. ~ 38___:. 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. 39. Story - That portion of a building included between a floor which is calculated as part of the.. building's habitable floor area and the floor or roof next above it.. 40. Story, Half- The designation of a space on the upper level of a building in which the walls a.t. the eaves are zero to four feet. 30. 41. Town - Towns are a form of SRA and are the largest and most diverse form of SRA, with a full r---'ange 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. Page 52 of 168 Words ~ are deleted, words underlined, are added 42. ..... ~_a_ ~o~dential uses wi'thin a uses lllClUOln Uat~ ' ' ' ' Town. The Town Center is an extension of eth Town Core however the intensi is less as the Town Center serves as a transition to surrounding neighborhoods,: 43. Town Core - A definin Context Zone within a Town. The Town Core is the. most dense and diverse Context Zone with a full ran e of uses. The Town Core is the most active area within the Town with uses mixed vertically and horizontally. ~ 44__~. 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. 45. ........ ;_clu~ntertainment and residential a wiae ran e otu~c~ ,- ' ' ' uses.____: 3~. 46_._:. I/VIM - 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. 2.2.27.10. SRA DESIGNATION 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; .... ~^~ ' ' ' n3.8 of the LDC; or b. A qualified environmental consultant per s ....... D~vlslo c. A practicing landscaCe architect licensed by the State of Florida. 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 and the design criteria set Page 53 of 168 Words ~ are deleted, words underlined are added forth in 2. through 6. below. a. SRA Characteristics Char~ Collier County RLSA Overlay SRA Characteristics Chart -'--"--'='"-- ~ Hamlet Compact Rural Development Typical Town* Village Characteristics Size Gross 1,000--4,000 acres 100--1,000 acres 40-100 acres*' 100 Acres or less" Greater than 100 Acres** Acres)..__~ Residential 1--4 DUs per gross acre*** 1--4 DUs per gross acre*** 1/2-2 DUs per gross acre*" 112--2 Dus per gross acre*** 1--4 Dus per gross acre*** Units (OUs) )ergross acre base dens._._.__~_. _.. Residential Full range of single family Diversity of single tamily and Single Family and limited Single family and limited Single family and limited Housing Styles and multi-family housing multi-family housing types, multi-family multi-family .... multi-family .... types, styles, lot sizes styles, lot sizes Maximum Retail & Office - .5 Retail & Office - ,5 Retail & Office - .5 Retail & Office - .5 Retail & Office - ,5 Floor Area Civic/Govemmental/Institutio CividGovemmental/Institutio Civic/Govemmental/Institutio Civic/Govemmental/Institutio Civic/Govemmental/Institutio Ratio or n - .6 n - .6 n - .6 n - .6 n - ,6 Intensity Manufacturing/Light Industrial Group Housing - .45 Grou ~ Housing - ,45 Group Housing - ,45 Grou 3 Housing - .45 .45 Transient Lodging - 26 upa Transient Lodging - 26 upa Transient Lodging - 26 upa Transient Lodging - 26 upa Group Housing- ,45 net net net net Transient Lodging- 26 upa net Goods an-"--"-'=~'==' Town Center with Community Village Center with Convenience Goods and Convenience Goods and Villa le Center with Services and Neighbofnood Goods Ne~ ~hborhood Goods and Services: Minimum 10 SF Services: Minimum 10 SF Neighborhood Goods and and Services in Town and Services in Village Centers: gross building area per DU gross building area per DU Services in Village Centers: Minimum 25 SF gross Village Centers: Minimum 65 Minimum 25 SF gross building area per DU SF gross building area per building area per DU DU; Corporate Office, Manufacturing and Light ndustrial Water and Centralized or decentralized Wastewater community treatment system Interim Well Centralized or decentralized and Septic community Ireatment system interim Well Individual Well and Septic Individual Well and Septic Centralized or decentralized and Septic System: Centralized or System: Centralized or community treatment system decentralized community decentralized community Interim Well and Septic treatment system treatment system Recreation Community Parks (200 Parks & Public Green Spaces and Open SF/DU) with Neighborhoods Spaces Parks & Public Green Spaces Active Recreation/Golf with Neighborhoods Courses Active Recreation/Golf Lakes Courses Open Space Minimum 35% Lakes of SRA Open Space Minimum 35% of SRA Public Green Public Green Spaces for Parks & Public Green Spaces Spaces for Neighborhoods (Minimum with Neighborhoods Neighborhood 1% of gross acres) Active Recreation/Golf s (Minimum Courses 1% of gross Lakes Open Space Minimum 35% acres) of SRA Civic, Wide Range of Services - Moderate Range of Services Limited Services Limited Services Moderate Range of Services Government minimum 15 SF/DU - minimum 10 SF/DU; Pre-K through Elementary Pre-K through Elementary minimum 10 SF/DU; and Full Range of Schools Full Range of Schools Schools Schools Full Range of Schools Institutional Services Transportation Auto - interconnected system Auto - interconnected system Auto - interconnected system Auto- interconnected system Auto - interconnected system of collector and local roads; of collector and local roads; of local roads of local roads of collector and local roads; required connection to required connection to Pedestrian Pathways Pedestrian Pathways required connection to collector or aderial collector or arterial Equestrian Trails Equestrian Trails collector or arterial Interconnected sidewalk and Interconnected sidewalk and Interconnected sidewalk and )athway system pathway system pathway system Equestrian Trails County Transit Access 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 uses shall include Page 54 of 168 Words r,W-'.c!: tkxcugh are deleted, words underlined are added proportionate support services. Underlined uses are not required uses. b. Streets within SRAs shall be desi ned in accord with the cross-sections set forth in Fi ures 1-22 below as more s ecificall rovided in J.2 throu h J.5. Altemativel Collier County Transportation Services may approve additional cross-sections as. needed to meet the design obiectives., (1) Figure 1: Town Core/Center. (2) Figure 2: Town Core/Center: Figure 3: Alley: Town Core/Center. Figure 4: Town Core/Center Page 55 of 168 Words r,~ac!: '.?c.~'.:gh are deleted, words underlined are added TOWN O~R~/CIg'dl'ER RflI~RE 4- (5) Figure 5: Town Center. 'ro~u C£1~E ~6) Figure 6: Town Center (7) Figure 7: Neighborhood General,.. fli~lRE 7 (8) Figure 8: Neighborhood General. Page 56 of 168 Words ~ are deleted, words underlined are added NFqGHBgI~OD G~II~L. [9) Figure 9: Neighborhood General_. NEIGHBIgRHOOD gENEI~ (1 O) Figure 10: Neighborhood General. fl 1) Figure 11: Neighborhood General. Page 57 of 168 Words ~ are deleted, words underlined., are added (12) Figure 12: Neighborhood General NI~BHBORHODn EENEI~L FIBURE 12 iL'T..q. (13) Figure 13: Alley: Neighborhood General_. (14) Figure 14: Neighborhood General: (_15) Figure 15: Neighborhood General., Page 58 of 168 Words ~ are deleted, words underlined are added NF.iW,iBORHODn I~l[l'lll[]~a& P'IGURI[ 15 fl 6) Figure 16: Neighborhood General. (_17) Figure 17: Neighborhood General. R~URE (18) Figure 18: Neighborhood General. RG&JRE 111 N.T~. Page 59 of 168 Words ~ are deleted, words underlined are added 09) Figure 19: Neighborhood Edge,. I:I;UflE 1~ (20) Figure 20: Neighborhood Edge,, (21) Figure 21: Neighborhood Edge. (22) Figure 22: Neighborhood Edge With or Without Median Page 60 of 168 Words r,~ are deleted, words underlined are added 2. Town Design Criteria. General design criteria. ~1) Shall be compact, pedestrian-friendly and mixed-usex Shall create an interconnected street s stem desi ned to dis erse and reduce the length of automobile trios~ (_3) Shall offer a range of housing types and price levels to accommodate diverse a es and incomes' Accesso dwelhn umts shall not count towards the maximum allowed densitv~ (4) Shall include school sites that are sized and located to enable_ children to walk or bicycle to theml Shall rovide a ran e of o en s aces includin nei hborhood and community parks, squares and playgrounds distributed throughout the_ 9ommuniWi Shall include both communi and nei hborhood scaled retail and office usesx Shall have urban level services and infrastructure which su orts development that is compact, including water management facilities and related structures, lakes, community and neighborhood parks, trails, temporary construction, sales and administrative offices for authorized contractors and consultants, landscape and hardscape features, fill stota~e~ and site filling and grading, which are allowed uses throughout the community. Shall be desi ned in a ro ressive rural to urban continuum with the greatest density, intensity and diversity occurring within the Town Core, to the least densi intensi and diversi occurrin within the Nei hborhood Edgel (9) Shall provide sufficient transition to the adjoining use, such as. active a iculmre asture rural roadwa etc. and con--atibili throu h the use of buffering, open space, land use, or other meansl (10) Shall include a minimum of three Context Zones: Town Core, Tow~_ Center and Neighborhood General, each of which shall blend into the other without the requirements of buffers; and (11) May include the Context Zone of Neighborhood Edee. Transportation Network. The trans ortation network shall rovide for a hi h level of mobili for all residents through a design that respects the pedestrian and_ ~ccommodates the automobile.. ~2) The transportation network shall be designed in an interconnected system of streets, sidewalks, and pathways. c. Open Space and Parks (1) Towns shall have a minimum of 35% open sr~ace. (2) Towns shall have community parks that include sports fields and facilities with a minimum level of services of 200 square feet per dwellin~ unit in the Town., (3) Towns shall have passive or active parks, playgrounds, public plazas. or courWards as appropriate within each Context Zone. d. Context Zones. Context Zones are intended to uide the location of uses and their intensi and diversi within a Town and rovide for the establishment of the urban to rural continuum. (1) Town Core. The Town Core shall be the civic center of a Town. It is the most dense and diverse zone, with a full range of uses within walking Page 61 of 168 Words ~ are deleted, words underlined are added distance. The Core shall be a primary pedestrian zone with buildings ositioned near the ri ht-of-wa wide sidewalks shall be shaded throu h streetsca e lantin awnin s and other architectural elements. Parkin shall be rovided on street and off street in the rear ofbuildin s within lots or parking structures. Signage shall be pedestrian scale and designed to corn liment the buildin architecture. The followin desi criteria shall ~pply within the Town Core, with the exception of civic or institutional buildings, which shall not be subject to the building height, building lacement buildin use arkin and si na e criteria below but instead shall be subiect to specific design standards set forth in the SRA Development Document and approved by the BCC that address the_ ers ective of these buildin s' creatin focal oints te~ccdnatin vistas and significant community landmarks.. a Uses- commercial retail office c~wc mstxtut~onal h ht industrial and manufacturing, essential services, residential, parks and accessory uses. Such uses may occur in shared use buildings or single use. buildings.. (_b) The total building area within each block shall not exceed a floor area ratio of 3,. (c) Retail and offices uses per block shall not exceed a floor area ratio of 0.5. (d) Civic uses per block shall not exceed a floor area ratio of 0.6. (e) Light industrial and manufacturing uses per block shall not exceed a floor area ratio of 0.45. (f) The density of transient lodging uses shall not exceed 26 dwelling units per Town Core gross acre._. The maximum building height shall be 6 stories. (h) (i) There shall be no minimum lot size. The maximum block perimeter shall be 2500 Ft, fi) Minimum setbacks from all property_ boundaries shall be 0 feet and_ the maximum setback from the front boundary shall be 10 feet. The maximum setback from the front boundary may be increased in order to create public spaces such as plazas and courtyards. (k) Overhead encroachments such as awnings, balconies, arcades and the like, shall maintain a clear distance of 9 feet above the sidewalk and. 15 feet above the street.. (1) Seating for outdoor dining shall be permitted to encroach into the public sidewalks and shall leave a minimum 6-foot clear pedestrian way between the outdoor dining and the streetscape plantine area_. (m) Buildings within the Town Core shall be made compatible through similar ma.q.qing, volume, frontage, scale and architectural features. The_ SRA document shall identify the process for architectural review and. approval through the applicant's establishment of an architectural review_ board. The architectural review board shall also review for compliance. with the landscape requirements.. (~n) The majority of parking spaces shall be provided off-street in the rear of buildings, or along the side (secondary streets), organized into a. series of small bays delineated by landscape islands of varied sized. A maximum spacing between landscape islands shall be ten (10) spaces.... Landscape islands and tree diamonds greater than fifteen (15) square feet. in size shall have a minimum of one tree. Parking is prohibited in front. of buildings, except within the right-of-way. Parking lots shall be accessed from alleys, service lanes or secondary streets. Parking structures fronting on a primary street shall either include ground floor retail or have a minimum ten (10) foot wide landscaped area at grade~ including one tree per five (5) square feet of landscaped area. Parking structures fronting on a secondary street shall have a minimum ten (10) foot wide, densely landscaped area at grade, including one tree per fiw (5) square feet of landscaped area. The amount of required parkin~ shall Page 62 of 168 Words ~ are deleted, words underlined, are added be demonstrated through a shared parking analysis submitted with an SRA designation application. Parking shall be determined utilizin~ the modal splits and parking demands for various uses recognized by ITE~ ULI or other sources or studies. The analysis shall demonstrate the number of parking spaces available to more than one use or function.~ }ecognizing the required parking will vary depending on the multiple functions or uses in close proximity which are unlikely to require the. spaces at the same time. (o) Streets shall adhere to J.l.b. and Figures 1, 2, 3, 4, 5, or 6. At a. minimum all proposed streets shall include sidewalks on both sides of. the street arallel to the ri ht-of-wa and a five 5 foot streetsca e area between the back of curb and the sidewalk. (p) Landscaping minimums within the Town Core shall be met by. providing landscaping within parking lots as described, and by providing a streetscape area between the sidewalk and curb at a minimum of five (5) feet in width, with trees planted forty (40) feet off-center. The five- foot minimum wide of planting area may be reduced to three (3) feet it the trees are planted in tree grates. The street tree pattern may be interrupted by architectural elements such as arcades and colurm~s. (q) General signage standards. i. Signage design shall be carefully integrated with site and building design to create a unified appearance for the total propexty; ii. Signs shall be installed in a location that minimizes. conflicts with windows or other architectural features of the. building. iii. Signs which create visual clutter or which block the view of. signs on adiacent property shall not be permitted.. iv. Creativity in the design of signs is encouraged in order to emphasize the unique character of the SRA. v. Sign Area: The area of any sign shall be the area of a rectangle which encloses all elements of the sign (excluding poles. ~nd brackets) including all text and any symbols or logos.. vi. Signable Area: The sign,able area (total of all individual signs on that faqade or related to that facade) of a facade facing a public street or a parking lot shall be limited to 20% of the total area of the faqade.. vii. Mounting height: No part of a sign which projects from a building or is mounted on a pole or bracket shall be less than eight feet above the grade.. viii. Illumination: Signs may be illuminated by external s~ot lighting or internally illuminated. Lighting shall be designed and shielded so as not to glare onto adjacent properties or the public. right-of-way. ix. Material: Signs shall be constructed of durable materials suitable to the sign type. The long term appearance of the sign shall. be a maior consideration in the selection of materials_. x. Color: The color of signs shall be compatible with the _colors and style of the building to which they are attached or otherwise associated. (r) The following sign types shall be permitted:. i. Wall -A sign affixed directly to or painted directly on an.. exterior wall or fence. Maximum sign area - Faqade width x 2.5: ii. Projecting - Any sign which proiects from and is supported mY a wall of a building with the display of the sign perpendicular to the building wall. Maximum sign area = The faqade area x .05. up tq a maximum of 100 Sa. Ft. Page 63 of 168 Words r,~ are deleted, words underlined are added iii. Window - A sign affixed to or behind a window. Maximum ~ign area - the area of the window with the sign x .30,. iv. Hanging - A sign attached to and located below any eave, arcade, canopy or awning. Maximum sign area - 20 Sq. Ft. (twq faces of 20 Sq. Ft. each), v. Awning - A sign or graphic attached to or printed on an_ awning. Maximum sign area- the area of the awning x .25. vi. Pole - A sign mounted at the top of or bracketed from a vertical pole which is supported by the ground. Maximum sign area - 24 Sq. fi (2 faces ~ 12 Sq. Ft. each.).. vii. Monument - A sign secured to a base which is built directly upon the ground. Maximum sign area - 50 Sq. Ft., exclusive of the base. (2 faces of 50 Sq. Ft. each). Maximum height above grade - 6 feet_. viii. Marquee - A sign usually projecting from the face of a theater or cinema which contains changeable text to announce events. Sign area shall be compatible with the design of the theater building. Minimum height above grade - 10 feet. Minimum distance .from cur._.~b 4 feet. ix. Sandwich boards - A movable sign comprised of two sign_ panels hinged together at the top. Maximum sign area - 12 square ft (2 faces at 12 Sq. Ft. each. x. Banners - Fabric panels projecting from light poles or other structures. Maximum sign area - shall be proportional to the height of the pole: 16 feet pole - 15 Sq. Ft. max (2 faces at 15 Sq. Ft. ea.); 20 feet pole - 20 Sq. Ft. max. (2 faces at 20 Sq. Ft. ea.); 30 feet pole - 36 Sq. Ft. max (2 faces at 36 Sq. Ft. ea.~. xi. Temporary signs as allowed by Division 2.5.. (s) The following sign types are prohibited:. i. Pole signs greater than 12 Sq. Ft. in area ii_. Portable or mobile signs except sandwich boards iii, Flashing or animated signs (except time and temperature signs~ iv.__~Signs with changeable text (except Marquee) v_~Off-site signs. Billboards,. Town Center. The Town Center shall provide a wide range of uses including daily goods and services, culture and entertainment, within walking distance. Like the Town Core, the Town Center is the primary pedestrian zone, designed at human scale to support the walking environment. It is thu Main Street area of the Town. Buildings shall be positioned near the right: of-way line, wide sidewalks shall be shaded by street trees and architectural elements. The following design criteria shall be applicable to the Towu Center.. with the exception that, as deemed appropriate by the Collier county planning staff, the building height, building placement, building use, parking, and signage of civic or institutional buildings may deviate from such standards with respect to the creation of focal points, terminating vistas an4 significant community landmarks: (a) Commercial, retail, office, civic, institutional, light industrial and. manufacturing, essential services, parks, residential and schools and accessory uses shall be permitted. These uses may occur in shared us.e_ buildings or single use buildings.... {b) The floor area ratio for the total building area within each block shall not exceed 2.. (c) The floor area ratio for retail and office uses per block shall no~ exceed 0.5. Page 64 of 168 Words ~meh-t~ are deleted, words underlined, are added (d) The floor area ratio for civic uses per block shall not exceed 0.6,. (e) The floor area ratio for light industrial and manufacturing uses per. block shall not exceed 0.45. (fl The maximum density for transient lodging shall be 26 dwelling units per Town Center gross acre. (g) The maximum building height shall be 45~ stories. (h) The minimum lot area shall be 1,000 square feet. (i) The maximum block perimeter shall be 2500 Ft. (j) The minimum setbacks shall be 0 from all property boundaries and the maximum setback shall be 10 feet from the front right of way line. (k) Overhead encroachments such as awnings, balconies, arcades and the like, must maintain a clear distance of 9 feet above the sidewalk and 15 feet above the street. (1) Seating for outdoor dining shall be permitted to encroach the public sidewalks and shall leave a minimum 6-foot clear pedestrian way between the outdoor dining and the streetscape planting area. (m) Buildings within the Town Center shall be made compatible through similar massing, volume, frontage, scale and architectural features. The SRA document shall identify the process for architectural review and approval through the applicant's establishment of a architectural review board. The architectural review board shall also review for compliance with the landscape requirements. (n) Streets shall adhere to J.l.b. and Figures 1, 2, 3, 4, 5, or 6. At a minimum all proposed streets must include sidewalks on both sides of the street, parallel to the right-of-way, and a 5 Ft. streetscape area between the back of curb and the sidewalk. (o) Parking space requirements and design are the same as in the Town Core. (p) Landscape minimums are the same as in the Town Core. (q) Signage requirements are the same as in the Town Core. (3) Neighborhood General. Neighborhood General is predominately residential with a mix of single and multi-family housing. Neighborhood scale goods and services, schools, parks and open space diversify the neighborhoods. The interconnected street pattern is maintained through the. Neighborhood General to disperse traffic. Sidewalks and streetscape support the pedestrian environment. The following design criteria shall apply within Neighborhood General: (a) Residential, neighborhood scale goods and services, civic, institutional, parks, schools and accessory uses shall be permitted. (b) The maximum allowable building height shall be 3.5 stories. (c) The maximum block perimeter shall be 3500 feet, except that a larger block perimeter shall be allowed where an alley or t~athwa¥ provides through access, or the block includes water bodies or public .facilities. (d) Single family residential uses shall adhere to the following: The minimnm lot area shall be 1,000 square feet. ii. Parking space requirements and design are the same as in the Town Core, inclusive of garage spaces, with an additional parking space required if an accessory dwelling unit is built. iii. Landscaping shall include a minimum of sixty (60) square feet of shrub planting per lot, on lots that are 3,000 square feet or Page 65 of 168 Words ~ .......... ~,_ are deleted, words underlined are added less in area; eighty (80) square feet on lots that are greater than. 3,000 square feet but less than 5,000 square feet in area; and 100 square feet for lots 5,000 square feet or larger in area. Plantings shall be in identified planting areas, raised planters, or planter boxes. in the front of the dwelling, with, at a minimum~ turf grass for the remainder of the property,. Multi-family residential uses shall adhere to the following: i. Lots shall be a maximum of 4 acres,. ii. Front and side yard setbacks shall be a minimum of 10 feet and rear yard setbacks shall be a minimum of 20 feet for the prima~.~ structure and 5 feet for any accessory structures. iii. Porches, stoops, chimneys, bays canopies, balconies and overhangs may encroach into the front yard a maximum of 3 fi. 6 in. and a maximum of 3 Ft. into side yards but no element may encroach into a side yard such that the distance to the property lin~ from the encroaching element is less than 3 Ft. 2 In., except that overhangs may encroach no more than 2 Ft. into any yardi. iv. Parking space requirements and design are the same as in the Town Core.: v. A minimum of 100 Sq. Ft. of shrub planting shall be required for each 2,000 Sq. Ft. of building footprint, and one tree. shall be required for each 4,000 Sq. Ft. of lot area, inclusive of street trees, with such plantings in planting areas, raised planters, or planter boxes in the front of the building and a minimum of turf. grass for the remainder of the property. (f) Non-residential uses shall adhere to the following: i. All such uses shall be located at intersection comers or street bends and shall not be permitted at mid-block locations1 ii. If the non-residential use is a restaurant, grocery store, or. convenience store, it shall be located on an alley loaded site~ iii. The minimum distance between non-residential uses shall be 1,000 feet, as measured along the street frontage at the right-of- way line. iv. The maximum square footage per use shall be 3,000 square_ feet and per location shall be 15,000 square feet. k v. The use shall have a minimum lot area of not less than the size of the smallest adiacent lot. vi. The minimum setbacks shall be as follows: 0 feet from the_ front property boundary, a distance from the side property boundat ~ that is equal to the setback of the adiacent property, and a mimmtm~ of 20 feet from the rear property boundary for the principal structure and 5 feet from the rear property boundary for any accessor~ structures. vii. Parking space requirements and design are the same as in the Town Core, with on-street parking provided only along the lot street frontage. No off-street parking shall be permitted between the front facade and the front property line. No off-street parking shall be permitted between the side facade and the street side property line for comer lots. All off-street parking shall be screened from the street and adiacent property by wall, fence and/or landscaping. viii. Landscaping shall include a minimum of 100 Sq. Ft. of shrub planting per 2,000 Sq. Ft. of building footprint, and one tree l~er 4,000 Sq. Ft. of lot area, inclusive of street trees. Plantings shall be_ in planting areas, raised planters, or planter boxes in the front of thc building. Minimum of turf grass for the remainder of the property.. (g) General signage requirements:. Page 66 of 168 Words ~ are deleted, words underlined, are added i. Sign Area: The area of any sign shall be the area of a rectangle which encloses all elements of the sign (excluding ~oles and brackets) including all text and any symbols or logos. ii. Allowable sign Area: The allowable sign area (total of all. individual signs on that facade or related to that facade) of a facade facing a public street or a parking lot shall be limited to 20% of the total area of the facade.. iii. Mounting height: No part of a sign which projects from a building or is mounted on a pole or bracket shall be less than eight_ feet above the grade unless not in the pedestrian path.. iv. Illumination: Signs may be illuminated by external spot lighting or internally illuminated. Lighting shall be designed and shielded so as not to glare onto adiacent properties or the public (h) Prohibited Sign Tv~es: in. signsl iv. Pole signs Portable or mobile signs except sandwich boards. Flashing or _animated signs (except time and temperature_ Signs with changeable text including v. Marquee - A sign usually proiecting from the face of .a. theater or cinema which contains changeable text to announce events vi. Banners vii. Off-site signs, billboards viii. Signage is prohibited outside of Neighborhood Goods and Services Zones, except as necessary within open spaces, parks, and neighborhoods for directional and area identification purposes. The following sign types are allowable: i. Wall - A sign affixed directly to an exterior wall or fence,. Maximum sign area - 24 square ft. ii. Proiecting - Any sign which proiects from and is supvorted_ by a wall of a building with the display of the sign perpendicular tq the building wall. Maximum sign area = The facade area x .05. up to_ a maximum of 40 sa. fi- iii. Window - A sign affixed to or behind a window. Maximum sign area - 20% of the area of the window. iv. Hanging - A sign attached to and located below any eave~ canopy or awning. Maximum area - 12 sq. ft. (may be double sid~d~ v. Awning - A sign or graphic attached to or printed on an awning. Maximum sign area - 20% of the area of the awning. vi. Monument - A sign secured to a base which is built directly. upon the ground. Maximum sign area - 30 sq. ft., exclusive of the base. (2 faces of 30 sq. ft. each). Maximum height above grade - 4 feet_. vii. Sandwich boards - A movable sign comprised of two sign panels hinged together at the top. Maximum sign area - 12 square 1t (2 faces at 12 sq. ft. each),. viii. Temporary signs as allowed by Division 2.5. (j) Signage within Neighborhood Goods and Service Zones shall. adhere to the following: Page 67 of 168 Words st~ are deleted, words _underlined are added i. ~ rated with site and buildin desi n to create a unified a earance for the total roe . ii. Signs shall be installed in a location that minimizes conflicts with windows or other architectural features of the iii. Si s which create visual clutter or which block the view of signs on adiacent property shall not be permitted iv. ~' encoura ed in order to emphasize the unique character of the SRA. k Streets shall adhere to J. l.bandFi ures7 8 9 10 11 12 13 14 15, 16, 17, or 18. At a minimum all proposed streets must include sidewalks on both sides of the street arallel to the ri ht-of-wa :,nd a 5 Ft. streetscape area between the back of curb and the sidewalk_. Neighborhood Edge {optional). Neighborhood Edge is redominatel a sin le-famil resxdentaal ne~ hborhood. Thas zone has the least intensi and diversi within the Town. The mix of uses is limited. Residential lots are larger and more open space is evident. The.. Nei hborhood Ed e ma be used to rovide a transition to ad'oinin rural land uses. The followin standards shall a 1 with the Nei hborhood Ed e: a The ermitted uses within the Ne~ hborhood Ed e are residential parks, open space, golf courses, schools, essential services, and accessory uses. (b) Building heights shall not exceed 2 stories.. (c) Lots shall have a minimum area of 5000 square feed with lot dimensions and setbacks to be further defined with the SRA Development Document... d The erimeter of each block ma not exceed 5000 feet unless an alle or athwa rovides throu h access or the block includes water bodies or public facilities.. e Parkin s ace re uirements and desi n are the same as in the Town Core, inclusive of garage spaces, with provision for an additional. ~arking space if an accessory dwelling unit is built. (f} Landscaping shall include a minimum of 100 Sq. Ft. of shrub planting per lot, with plantings in planting areas, raised planters, or lanter boxed in the front of the dwellin and a minimum of turf ' ~ass for the remainder of the property.. (g) Streets shall adhere to J.l.b. and to Figures 19, 20, 21 or 22. At.~___~a minimum all proposed streets must include a 1 O-foot pathway on one side of the street with an 8-foot streetscape area between the edge of curb and the pathway. 5 S ecial District o tional. The S ecial District rovides for uses and develo ment standards not otherwise rovided for within the Context Zones. Uses and develo ment standards shall be defined in detail within the SRA develo ment a lication for review b Collier Coun staff. S ecial Districts could be for uses such as Universities business or industrial arks retirement communities, resorts, etc. 3. Village Design Criteria. General criteria_. 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... Villa es shall be desi ned in a corn act edestrian-friendl form. Creat~esi ned todis erse and reduce the length of automobile trips. Page 68 of 168 Words ~ are deleted, words underlined are added (4) Offer a range of housing types and price levels to accommodate_ diverse a es and incomes. Accesso dwellin units shall not count towards the maximum allowed density, (5) Be developed in a progressive rural to urban continuum with the. greatest density, intensity and diversity occurring within the Village Center~ to the least density, intensity and diversity occurring within the. Neighborhood Edge. (6) The SRA document shall demonstrate the urban to rural transition occmfing at the Villages limits boundary provides sufficient transition to the adioining use, such as active agriculture, pasture, rural roadway, etc., and ~o-mpatibility through the use of buffering, open space, land use, or othet means_____= b. Trans ortation Network. The trans ortation network for a Villa e shall ~dhere to the same standards provided for within a Town. Parks. A Villa e shall rovide a ran e of active and assive arks s uares c. ......... :~te t~°ntext Zone and S ecial ana ta rounas as a to ssa District. d. Context Zones... General. (a) Villages shall be designed to include a minimum of two Context. Zones: Village Center and Neighborhood Genera[ (b) Each Zone shall blend into the other without the requirements o_f buffers. ~c) Villages may include the Context Zone of Neighborhood Edge. (d) Villages may include Special Districts to accommodate uses that. require use specific design standards not otherwise provided for within the Context Zones. (e) The SRA Master Plan shall designate the location of each Context Zone and each Special District. The Village Center shall be designated in one location. Neighborhood General, Neighborhood Edge and Special District may be designated in multiple location~:. (f) Context Zones are intended to guide the location of uses and their intensity and diversity within a Village, and provide for the_ establishment of the urban to rural continuum. (2) Village Center Context Zone. (a) The allowable uses within a Village Center are commercial, retail, office, civic, institutional, essential services, parks, residential and_ schools and accessory uses~ (b) Uses may occur in shared use buildings or single use buildings. (c) The floor area ratio of any use shall not exceed 2 for the total building area within each block, shall not exceed 0.5 for retail and offic .e. uses per block shall not exceed 0.6 for civic uses per block. (d) Transient Lodging - 26 dwelling units per Village Center gross acre (e) Maximum building height - 5 Stories ~ Minimum lot area: 1,000 SF (g) Block Perimeter: 2,500 Ft. max. (h) Front setbacks - 0 to 10 feet from the fight-of-way line (i) Side setbacks - 0 feet {j) Rear setbacks - 0 feet Page 69 of 168 Words stmok-ttmmgh are deleted, words underlined are added (k) Overhead encroachments such as awnings, balconies, arcades and the like, must maintain a clear distance of 9 feet above the sidewalk and. 15 feet above the street. (1) Seating for outdoor dining shall be permitted to encroach the public sidewalks and shall leave a minimum 6-foot clear pedestrian way between the outdoor dining and the streetscape planting area. (m) The design of civic or institutional buildings shall not be subiect to the specific standards of this subsection which regulate building height, building placement, building use, parking, and signage but shall be reviewed by Collier County planning staff with perspective as these buildings creating focal points, vistas and significant community landmarks. Specific design standards shall be provided in the SKA development document. (n) Architectural Standards: Buildings within the Village Center shall be made compatible through similar massing, volume, frontage, scale. and architectural features. The SRA document shall identify the process for architectural review and approval through the applicant's establishment of an architectural review board. The architectural review board shall also review for landscape compliance. (o) Streets shall adhere to J.l.b. and Figures 1, 2, 3, 4, 5, or 6. At a minimum all proposed streets shall include sidewalks on both sides of the street, parallel to the right-of-way, and a 5 Ft. streetscape area between the back of curb and the sidewalk. (p) General parking criteria i. On-street parking spaces within the limits of the front property line, as projected into the right-of-way, shall count towards the required number of parking spaces. ii. The majority of parking spaces shall be provided off-street in the rear of buildings, or along the side (secondary_ streets). Parking is prohibited in front of buildings. iii. Parking areas shall be organized into a series of small bays delineated by landscape islands of varied sized. A maximum spacing between landscape islands shall be 10 spaces. Landscape islands shall have a minimum of one canopy tree. iv. Parking lots shall be accessed from alleys, service lanes or secondary streets. (q) The majority of parking spaces shall be provided off-street in the rear of buildings, or along the side (secondary streets), organized into a. series of small bays delineated by landscape islands of varied sized. A maximum spacing between landscape islands shall be 10 spaces. Landscape islands and tree diamonds shall have a mimmum of one canopy tree. Parking is prohibited in front of buildings, except within the right-of-way. Parking lots shall be accessed from alleys, service lanes or secondary streets. Parking structures fronting on a primary street shall include ground floor retail. Parking structures fronting on a secondary street shall have a minimum 10 Ft. wide, densely landscaped area at grade, including one tree per 5 Sq. Ft. of landscaped area. The amount of required parking shall be demonstrated through a shared parking analysis submitted with an SRA designation application. Parking shall be determined utilizing the modal splits and parking demands for various uses recognized by ITE, ULI or other sources or studies. The analysis shall demonstrate the number of parking spaces available to more than one use or function, recognizing the required parking will vary depending on the multiple functions or uses in close proximity which are unlikely to require the spaces at the same time. (r) Landscaping minimums within the Village Center shall be met by providing landscaping within parking lots as described, and by providing a streetscape area between the sidewalk and curb at a minimum of 5 Ft. in width, with trees planted 40 Ft. O.C. The street tree pattern may be interrupted by architectural elements such as arcades and columns. Page 70 of 168 Words sm:ok tkzcugh are deleted, words underlined are added (s) Signage standards within the Village Center shall comply with those provided in the Town Center, (3) Neighborhood General. Design standards for the Neighborhood General within a Village shall be the same as defined within a Town. (4) Neighborhood Edge (optional). Design standards for the Neighborhood Edge within a Village shall be the same as defined within a Town. {5) Special District (optional). The Special District is used provided for uses and development standards not otherwise provided for within the Context Zones. Uses and development standards shall be defined in detail within the SRA development application for review by Collier County staff., 4. Hamlet Design Criteria r~> ...... ,~ a. General. (1) Hamlets are small rural residential areas with primarily single-family housing and limited range of convenience-oriented service~_. (2) Hamlets may include the Context Zones of Neighborhood General and Neighborhood Edge. (3) Non-residential uses shall be provided in one location, such as a crossroads, and designed to incorporate the community green. b. Open spaces and parks. At a minimum, Hamlets shall provide a public green. equal to a minimum of 1% of the total Hamlet gross acreage.. c. Context Zones. Context Zones are intended to guide the location of uses and their intensity and diversity within a Hamlet, and provide for the establishment of the urban to rural continuum. (1) Neighborhood General. Neighborhood General is predominatel~ residential with a mix of single and multi-family housing. Neighborhood scale goods and services, schools, parks and open space diversify the neighborhoods. The street grid is maintained through the Neighborhood General to disperse traffic. Sidewalks and streetscape support the pedestrian environment. The design criteria applicable within Neighborhood General are as follows: (a) Uses -residential, neighborhood scale goods and services, civic~ institutional, parks and schools. (b) Building height - 3.5 Stories (c) Block Perimeter: 3500 Ft. max. The maximum may be greater if an alley or pathway provides through access, or the block includes water bodies or public facilities. (d) For single-family residential uses: Minimum lot area: 1,000 SF ii. Setbacks and encroachments to be defined in the SPA_ Development Document iii. Parking space requirements and design are the same as in the Town Core, with provision for an additional parking space if an accessory dwelling unit is built. iv. Landscaping - Minimum of 60 Sq. Ft. of shrub planting per lot. Plantings shall be in planting areas, raised planters, or planter boxed in the front of the dwelling. Minimum of turf grass for the remainder of the property. For multi-family residential uses: i. Maximum lot area: 4 acres. ii. Front yard setbacks - 10 Ft. Page 71 of 168 Words sm::k t.~z.~ugh are deleted, words underlined are added iii. Minimum side yard setbacks - 10 Ft. iv. Minimum rear yard setbacks - 20 Ft. for primary stmcture~ 5 Ft. for accessory structures. v. Encroachments: Porches, stoops, chimneys, bays canopies, balconies and overhangs may encroach into the front yard 3 Ft. 6 In. These same elements may encroach 3 Ft. into side yards but no element may encroach into a side yard such that the distance to the property line from the encroaching element is less than 3 Ft. 2 In_. except that overhangs may encroach 2 Ft. into any yard. vi. Parking space requirements and design are the same as in the Town Core. vii. Landscaping- Minimum of 100 Sq. Ft. of shrub plantin~ r~er 2,000 Sq. Ft. of building footprint, and on tree per 4,000 Sa. Ft. o_f lot area, inclusive of street trees. Plantings shall be in planting areas, raised planters, or planter boxes in the front of the building. Minimum of turf grass for the remainder of the property.. (f) Non-residential uses i. Location: at intersection comer. Mid-block locations are .not allowed. ii. Maximum square footage per use is 5,000. iii. Maximum square footage per location is 20,000. iv. Min. lot area: No less than the min. lot area of the smallest adjacent lot. v. Front setbacks - Equal to the smallest utilized setback of the adjacent lot vi. Side setbacks - Equal to the smallest utilize~setback of the adjacent lot vii. Rear setbacks - minimum 20 feet for the principal structure and 5 feet for any accessory use viii. Parking. Parking space requirements and design are the same as in the Town Core. On-street parking must be provided along the lot street frontage. No off-street parking shall be permitted between the front facade and the front property line. Al! off-street parking shall be screened from the street and adiacent property by wall, fence and/or landscaping. ix. Landscaping. Minimum of 100 Sq. Ft. of shrub planting per 2,000 Sq. Ft. of building footprint, and on tree per 4,000 Sq. Ft. of lot area, inclusive of street trees. Plantings shall be in planting areas, raised planters, or planter boxes in the front of the building. Minimum of turf grass for the remainder of the property. x. Signage within Neighborhood General shall comply with the standards provided in the Town Neighborhood General.. xi. Streets shall adhere to J.l.b. and Figures 5, 6, 7, 8.9, 10~ 11, 12, 13, 14, 15, or 16. At a minimum all proposed streets must include sidewalks on both sides of the street, parallel to the right-of: way, and a 5 foot streetscape area between the back of curb and the sidewalk. (2) Neighborhood Edge. Neighborhood Edge is predominately a single-family residential neighborhood. This zone has the least intensity and diversity. The mix of uses is limited. Residential lots are larger and more open space is evident. The Neighborhood Edge may be used to provide a transition to adjoining rural land uses. (a) Uses - residential, parks, golf courses, schools, essential services Page 72 of 168 Words ~W~'c!: *~' ..... *, ~r~ deleted, words underlined are added ~b) Building height - 2 Stories (c) Minimum lot area 5000 square feet (d) Setbacks to be further defined within the SRA Development Document (e) Block Perimeter: 5000 feet max. The maximum may be greater if an alley or pathway provides through access, or the block includes water bodies or public facilities. (f~ Parking. - Parking space requirements and design are the same as in the Town Core. Provision shall be made for an additional parking space if an accessory dwelling unit is built. (g) Landscaping. Minimum of 100 Sq. Ft. of shrub planting per lot. Plantings shall be in planting areas, raised planters, or planter boxed in the front of the dwelling. Minimum of turf grass for the remainder of the property. (h) Streets shall adhere to J.l.b and Figures 17, 18, 19, or 20. At a minimum all proposed streets must include a 1 O-foot pathway on one side of the street with an 8-foot streetscape area between the edge of curb and the pathway. 5. Compact Rural Development Design Criteria a. General. (1) Compact Rural Development (CRD) is a form of SRA that will provide flexibility with respect to the mix of uses and development standards, but shall otherwise comply with the design standards of a Hamlet or Village. (2) A CRD may include, but is not required to have permanent residential housing and the services and facilities that support permanent residents. (3) Except as described above, a CRD will conform to the design standards of a Village or Hamlet as set forth herein 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 shall be provided. b. Example. An example of a CRD 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 that necessary to support permanent residents. 2.2.27.11 BASELINE STANDARDS. [~cscrvcd]: A. PURPOSE AND INTENT: These Baseline Standards will remain in effect for all land within the RLSA District unless or until such land becomes subiect to the transfer or receipt of Stewardship Credits, except as to those agricultural uses subject to sections 163.3162(4) and 823.14(6), Florida Statutes. The Baseline Standards are intended to protect water quality a,d quantity, maintain the natural water regime, and protect listed animal and plant species and their habitats on land that has not been designated as an SSA or SRA. The opportunity to voluntarily participate in the Stewardship Credit Program, as well as the right to sell conservation easements or a fee or lesser interest in the land, shall constitute compensation for the loss of any development rights related to these standards. B. Applicability of Code: Except as otherwise specifically provided in Section 2.2.27.11, those provisions of this Code in effect as of November [ ], 1999, shall apply to all land within the RLSA District unless or until such lands become subiect to the transfer or receipt of Stewardship Credits. C. Allowable Uses: The permitted, accessory, and conditional uses allowed shall be those set forth in Section 2.2.2 in effect as of November [ ], 1999, with the following exceptions: Page 73 of 168 Words s.~.~c~.c tFzm:gk are deleted, words underlined are added 1. Residential Uses General Conditional Uses Earth Minin and Processin Uses and Recreational Uses (layers 1-4) as listed in the Matrix at Section 2.2.27.9.B.4.b. shall bE eliminated in all FSAs, as provided in Section 2.2.27.8.G.. 2. Conditional use essential services and ovemmental essential services exce t those necessa to serve ermitted uses or for ublic safe shall onl be allowed in FSAs with an Index value of 1.2 or less, as provided in Section 2.2.27.8.G. 3. Directional-drillin techni ues and/or reviousl 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. racticable. This re uirement shall be deemed satisfied u on issuance of a state ermit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in. Rule 62C-30.001(2). All applicable Collier County oil and gas environmental petniitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Conmiittee as set forth in Section 277.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, even if outside the defined Big Cypress Watershed. All access roads shall be constructed and protected from unauthorized used according to the standards established in Rule 62-30.005(2~(a)(1) through (12), F.A.C. 4. Asphaltic and concrete batch making plants shall be prohibited in areas mapped as HSAs. D. Standards Applicable Inside the ACSC: RLSA District lands wSthin the ACSC shall be sub'ect to all ACSC re ulato standards includin those that strictl limit non-a ricultural clearing. E Standards A licable Outside the ACSC: Exce t to the extent su erceded b G or H below the followin standards shall a 1 to all develo ment within those areas of the RLSA District that are outside of the ACSC, other than agricultural operations that fall within the scope. of sections 163.3162~(4) and 823.14(6), F.S., and single family residential dwellings, unless or until such lands are subject to transmittal or receipt of Stewardship Credits: 1. A wildlife survey, as set forth in 3.8.5.7, shall be required for all parcels when listed species are known to inhabit biological communities similar to those existing on site or where listed species are directly observed on the site. 2. A minimum of 40% of the native vegetation on the project site must be retained. If listed species are directly observed on the site of the proiect or are indicated by evidence~ such as denning, foraging, or other indications, first priority shall be given to preserving the habitat of such listed species. 3. If the wildlife survey indicates that listed species are utilizing the site, or the site is capable of supporting and is likely to support listed species, a wildlife habitat management plan shall be prepared and submitted to the County. a. The wildlife habitat management plan within the RLSA District shall include the following techniques to protect listed species from the negative impacts of development: (1) Open space and vegetation preservation requirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated by .human activities. (2) Fencing, walls, other obstructions, or other provisions shall be used to minimize development impacts to the listed species and to encourage wildlife to use wildlife corridors, (3) Roadways crossings, underpasses, and signage shall be used where roads must cross wildlife corridors. b. The wildlife habitat management plan shall also incorporate the following~ (1) a description of the techniqures used to direct incompatible land uses away from listed species and their habitats and to comply with the criteria identified in 1 and 2 above, as applicable; Page 74 of 168 Words smack *~'-'-g,h are deleted, words underlined are added (2) identification of armro~riate lighting controls for permitted uses and a consideration of the opportunity to utilize prescribed burning to maintain fire-adapted preserved vegetation communities and provide browse for white- tailed deer, consistent with the UFWS South Florida Multi-Species Recover Plan, May 1999, except as recommended otherwise by the UFWS or FFWCC; and (3) if the development will be larger than 10 acres, a monitoring program c. The following references shall be used, as appropriate, to prepare the wildlife habitat management plan: (1) South Florida Multi-Species Recovery Plan, USFWS, 1999. (2) Habitat Management Guidelines for the Bald Eagle in the Southeast Region, USFWS, 1987. (3) Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations found on Lands Slated for Large Scale Development in Florida, Technical Report No. 4, Florida Game and Fresh Water Fish Commission, 1987.. (4) Ecology and Development-Related Habitat Requirements of the Florida Scrub Jay (Apelocoma coerulescens), Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 1991. (5) Ecology and Habitat Protection Needs of the Southeastern American Kestrel (Falco Sparverius Paulus) on Large-scale Development Sites in Florida, Nongame Technical Report No. 13, Florida Game and Fresh Water Fish Commission, 1993. d. The following species specific provisions shall be included within the wildlife habitat management plan if the wildlife survey indicates that the identified species utlizes the site or the site is capable of supporting and is likely to support such species: (1) Gopher tortoise: For parcels containing gopher tortoises (Gopherus polyphemus), priority shall be given to protecting the largest, most contiguous gopher tortoise habitat with the greatest number of active burrows, and for providing a connection to off site adjacent gopher tortoise preserves. (2) Florida scrub jay: Habitat preservation for the Florida scrub jay (Aphelocoma coerulescens) shall conform to the guidelines contained in Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 1991. A maintenance program shall be established, which shall specify_ appropriate fire or mechanical protocols to maintain the natural scrub community. A public awareness program to educate residents about the on- site preserve and the need to maintain the scrub vegetation shall be developed. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999. (3) Bald eagle: For the bald eagle (Haliaeetus leucocephalus), the required habitat management plans shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain types of activities during the nest season. These requirements shall be consistent with the UFWS South Florida Multi-Species Recover Plan, May 1999. (4) Red-cockaded woodpecker: For the red-cockaded woodpecker Ipicoides borealis), the required habitat protection plan shall outline measures to avoid adverse impacts to active clusters and to minimize impacts to foraging habitat. Where adverse effects can not be avoided, measures shall be taken to mivimize on-site disturbance and compensate or mitigate for impacts that remain. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999. (5) Florida black bear: In areas where the Florida black bear (Ursus americanus floridanus) may be present, the management plans shall require that garbage be placed in bear-proof containers, at one or more central locations. The management plan shall also identify methods to inform local residents of the concerns related to interaction between black bears and Page 75 of 168 Words s~'c!: t~zaugh are deleted, words underlined are added human~. Mitigation for impacting habitat suitable for black bear shall be considered in the management plan,. (6) Panther: For projects located in Priority I or Priority II Panther Habitat areas, the management plan shall discourage the destruction of undisturbed, native habitats that are preferred by the Florida panther (Felis. concolor coryi) by directing intensive land uses to currently disturbed areas. Preferred habitats include pine flatwoods and hardwood hammocks. In mm, these areas shall be buffered from the most intense land uses of the project by using low intensity land uses (e.g., parks, passive recreational areas, golf courses). 4. On property where the wildlife survey establishes that listed species are utilizing the site or where the site is capable of supporting listed species and such listed species can be anticipated to potentially occupy the site, the County ~hali consider and utilize recommendations and letters of technical assistance from the State of Florida Fish and Wildlife Conservation Con,q-dssion and recommendations from the U.S. Fish and Wildlife Service in issuing development orders. It is recognized that these agency recommendations~ on a case by case basis may change the requirements contained in herein and any such change shall be deemed consistent with this Code. F. Golf Course Standards. Except as otherwise required by G or H below, all golf courses within the RLSA District that are not within an SRA~shall be subiect to the following requirements: 1. Golf courses shall be designed, constructed, and managed in accordance with_ Audubon International's Gold Signature Program. The proiect ~hall demonstrate that thc Principles for Resource Management required by the Gold Signature Program (Site Specific Assessment, Habitat Sensitivity, Native and Naturalized Plants and Natural Landscaping, Water Conservation, Waste Management. Energy Conservation & Renewable Energy Sources, Transportation, Greenspace and Corridors, Agriculture, and. Building Design) have been incorporated into the golf course's design and operational. procedures. In addition to addressing these requirements, golf courses shall meet thc following specific criteria: a. In order to prevent the contamination of soil, surface water and ground water by the materials stored and handled by golf course maintenance operations. ~olf courses shall comply with the Best Management Practices for Golf Course Maintenance Depmhnents, prepared by the Florida Department of Environmental Protection, May 1995... b. To protect ground and surface water quality ~from fertilizer and pesticide usage, golf courses shall demonstrate the following management practices: (1) The use of slow release nitrogen sources; (2) The use of soil and plant tissue analysis to adjust timing and amount of fertilization applications; (3) The use of an integrated pest management program using both biological and chemical agents to control various pests; (4) The coordination of pesticide applications with the timing and application of irrigation water; and (5) The use of the procedure contained in IFAS Circular 1011, Managing Pesticides for Golf Course Maintenance and Water Quality Protection, May 1991 (revised 1995) to select pesticides that will have a minimum adverse impact on water quality. 2. To ensure water conservation, golf courses shall incorporate the following in their design and operation: a. Irrigation systems shall be designed to use weather station information and moisture-sensing systems to determine the optimum amount of irrigation water needed considering soil moisture and evapotranspiration rates. b. As available, golf courses shall utilize treated effluent reuse water consistent with Sanitary Sewer Sub-Element Obiective 1.4 and its policies; c. Native plants shall be used exclusively except for special purpose areas such as golf greens, fairways, and building sites. Within these excepted areas, landscapinn plans shall require that at least 75% of the trees and 50% of the shrubs be freeze- Page 76 of 168 Words strazk *~' ..... ~, ~r~ deleted, words underlined are added tolerant native Floridian s ecies..At least 75% of the re uired native trees and shrubs shall also be drought tolerant sCec~es. .... natural 3. Stormwater mana ement onds shall be des~ ed to rmnuc the funcnons of s stems: b establishin shorehnes that are smuous ~n confi urat~on m order to rowde increased len th and diversi of the littoral zone. A Littoral shelf shall be established to ' rovide a feedin area for water de endent avian s ecies. The combined len th of vertical and ri -ra ed walls shall be limited to 25% of the shoreline. Credits to the site reservation area re uirements on an ac. re- to- acre basis shall be iven for littoral shelves that exceed these littoral shelf area reqmrements. G. Standards A licable in FSAs HSAs and WRAs that are Outside of the ACSC. The rovisions of Divisions 3.8 3.9 and 3.11 in effect as of November 1999 shall a 1 to FSAs, HSAs, and WRAs that outside of the ACSC, with the following exceptions: 1. Site clearin and alteration shall be limited to 20% of the roe and non ermeable surfaces shall not exceed 50% of any such area. 2. Except for roads and lakes, any nonpermeable surface greater than one acre shall provide for release of surface water run off, collected or uncollected, in a manner approximating the natural surface water flow regime of the surrounding area.. 3. Roads shall be designed to allow the passage of surface water flows through the use 0_f equalizer pipes, interceptor spreader systems or performance equivalent structures. 4. Revegetation and landscaping of cleared areas shall be accomplished with predominantly native species and planting of undesirable exotic species shall be prohibited. H. Standards Applicable to Wetlands Outside of FSAs, HSAs, WRAs, and the ACSC. Wetlands located outside ofFSAs HSAs WRAs and the ACSC shall be reserved in accmd with the following criteria: 1. The vegetative preservation requirement set forth in E.2 above shall first be met through preservation of wetlands having a functionality assessment score of 0.65 or greater,. Applicants shall establish the wetland functionality score of wetlands using the South Florida Water Management District's Unifed Wetland Mitigation Assessment Method~ F.A.C. 62-345. Upland vegetative communities may be utilized to meet the vegetative~ open space, and site preservation requirements when the wetland functional assessment score of on-site wetlands is less than 0.65. 2. Wetlands utilized by listed species or serving as corridors for the movement of listed species shall be preserved on site. 3. Wetland flowway functions through the project shall be maintained.. 4. Ground water table drawdowns or diversions shall not adversely chanee the hydoperiod of preserved wetlands on or offsite and detention and control elevations shall be set to protect surrounding wetlands and be consistent with surrounding land and project control elevations and water tables. In order to meet these requirements, projects shall be designed in accordance w~th Sections 4.2.2.4.6.11 and 6.12 of SFWMD's Basis of Review, January 2001. 5. All direct impacts shall be mitigated for as required by applicable federal or state agencies and in the same manner as set forth in Division 3.9.5.3.B. 1 of this Code. 6. Single family residences shall follow the requirements contained within Policy 6.2.7 of. the Conservation and Coastal Management Element. 7. Appropriate buffering shall be provided to separate preserved wetlands from other land uses. A minimum 50-foot vegetated upland buffer is required adjacent to a natural water body and for other wetlands a minimum 25-foot vegetated upland buffer adjacent to the wetland. A structural buffer, consisting of a stem-wall, a bern~ or a vegetative hedge with suitable fencing, may be used in conjunction with a vegetative buffer that would reduce the vegetative buffer width by 50%. A structural buffer shall be required adjacent. to wetlands where direct impacts are allows. Wetland buffers shall conform to the following standards: a. The buffer shall be measured landward from the approved jurisdictional line. b. The buffer zone shall consist of preserved native vegetation. Where native vegetation does not exist, native vegetation compatible with the existing soils and expected hydrologic conditions shall be planted. Page 77 of 168 Words gWach t?xcugh are deleted, words underlined are added c. The buffer shall be maintained free of Category I Exotics. d. The following land uses are considered to be compatible with wetland functions and are allowed within the buffer: {1) Passive recreational areas, boardwalks and recreational shelters; (2) Pervious nature trails;. (3) Water management structures; {4) Mitigation areas; {5) Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses. 8. Mitigation Requirements: Mitigation shall be required for direct impacts to wetland~.~ such that the wetland functional score of the mitigation equals or exceeds the wetland functional score of the impacted wetlands. a. PrioriW shall be given to mitigation within FSAs and HSAs. b. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or adjacent to the impacted wetland. c. Protection shall be provided for preserved or created wetland or upland vegetative con.numties offered as mitigation by placing a conservation easement over the land in perpetuity, providing for initial exotic plant removal {Class I invasive exotic plants defined by the Florida Exotic Plan Council) and continuing exotic plant maintenance, or by appropriate ownership transfer to a state or federal agency along with sufficient funding for perpetual management activities. 9. Prior to issuance of any final development order that authorizes site alteration, the.. applicant shall demonstrate compliance with paragraphs 8.a through 8.c above, as applicable. If state or federal agency permits have not provided mitigation consistent with paragraphs 8 above, the County shall require mitigation exceeding that of the jurisdictional agencies. 10. Wetland preservation, buffer areas, and mitigation areas shall be identified or platted as separate tracts. In the case of a planned Unit Development (PUD), these areas shall also be depicted on the PUD Master Plan. These areas shall be maintained free from trash and debris and from Category I Exotics. Land uses allowed in these areas shall be limited to those identified in 7.d above. SEC. 2.2.30. NATURAL RESOURCE PROTECTION AREA OVERLAY DISTRICT (NRPA) 2.2.30.1 PURPOSE AND INTENT: The purpose and intent of the Natural Resource Protection Area Overlay District (NRPA) is to: protect endangered or potentially endangered species by directing incompatible land uses away their habitats; to identify large, connected, intact, and relatively ,nfragmented habitats, which may be important for these listed species; and to suppod State and Federal agencies' efforts to protect endangered or potentially endangered species and their habitats. NRPAs may include major wetland systems and regional flow-ways. These lands generally should be the focus of any federal, state, County, or private acquisition efforts. Accordingly, allowable land uses, vegetation preservation standards, development standards, and listed species protection criteria within NRPAs set forth herein are more restrictive than would otherwise be permitted in the underlying zoning district and shall to be applicable in addition to any standards that apply tin the underlying zoning district. A. NRPA OVERLAY AREAS. NRPAs are located in the following areas: 1. Clam Bay Conservation Area (within Pelican Bay Plan Unit Development); 2. CREW (Corkscrew Regional Ecosystem Watershed); 3. North Belle Meade; 4. South Belle Meade; Page 78 of 168 .... ,. a. ..... *' are deleted, words underlined are added Words ........... ~,-- 5. South Golden Gate Estates. LEE COUNIY RURAL FRINGE NATURAL RESOURCE PROTECTION AREAS LEE COUNTY IMMOKALEE ROAD GOLDEN GATE~ 1 IMMOKALEE ROAD RANDALL BLVD BOULEVARD N LEGEND NATURAL RESOURCE PROTECTION AREA B. NRPAS DESIGNATED AS RFMU SENDING LANDS WITHIN THE RFMU DISTRICT. NRPAs located in the RFMU District are identified as RFMU Sending Lands and are further subject to the provisions, conditions and standards set forth in Section 2.2.21/2.4. Private property owners within these NRPAs may transfer residential development rights fro,~.~ these ;-,portant environmentally sensitive lands to other identified "receiving" lands oursuant to eth specific provisions set forth in Section 2.6.39. of this Code. C. DEVELOPMENT STANDARDS. Development within a NRPA shall adhere to the following standards: 1. Vegetation Retention and Site Preservation - Native vegetation retention shall be as required in Section 3.9.4.3. 2. Permitted and conditional uses for all lands within a NRPA that are zoned CON an4 for those lands within any NRPA that are publicly owned shall be as set forth in Secfion~ 2.2.17.2.A., B., and C., respectively.. 3. For privately owned lands within a NRPA within the RFMU District, permitted and_ conditional uses shall be those as set forth in the RFMU District Sending Lands (Sectiox; 2.2.2 V2.4.).. Page 79 of 168 Words s~:ck t?xcugk are deleted, words underlined are added 4. For privately owned lands within a NRPA and designated Estates, permitted and conditional uses shall be those as set forth in the Estates Designation within the Golden Gate Area Master Plan. As these privately owned Estates Designated lands are acquired for conservation purposes, the Comprehensive Plan and will be amended to change the Designation to Conservation and the property will be rezoned to the CON district. 5. There are approximately 15 sections of privately owned land within a NRPA that are not designated Sending and are not located within the RFMU District. Eight (8) of these. sections, known as the "hole-in-the-doughnut," are located within the South Golden Gate. Estates NRPA and surrounded by platted Estates lots, almost all of which have been acquired by the State under the Florida Forever program as part of the Picayune Strand State Forest. The remaining seven (7) sections are within an approved mitigation bank located north and west of Corkscrew Swamp Sanctuary. As these privately owned Agricultural/Rural Designated lands are acquired for conservation purposes, the Plan will be amended to cban~e the Designation to CON District. Until such time as the designation on these lands is change to CON District, permitted and conditional uses for these privately owned lands shall be those set forth in underlying zoning district. ~ ~ ~ ~ Declaration of p 2.2.3!.1. Duration. ~5 ............. uses as s .............. ~ .... ~ F~nga ...... -~ ..... ~- --* reqx!re ~rvplcm:ndng !and ~ve!cpmcnt reps!at!ans. !n th: sac: cf ~o~x~ w~nagem:nt plan amsna~:nts tkat sF:cihcal!y require .................................. ' 2.2.31.2. CcograFh:c scoFc ~ Lands, ~ .............. g 15 .. ..... a in m ....... 1 reso~ce protection areas in *~e P, ura! Fringe Area and +~¢ Rural ~,ands Area, as +~cz¢ Areas ars idcntifi:d in *&e fa~'~e '""~ uae ................ ' grayish management plan .... a ..... for each Area become effective. Upon the respecuv: ................ pe~2Xed +~;~ 1;~;+~+;~ =eau!arians are speciQca!!y required for a paaicu!ar xae, said cae shall rem:in :ub~ect to tbs 2 One single ¢,~;1,, 4 .... 111 ..... ;+ 1,+ or parcel created prior . - ..... v ......... = .... per .~. assessment, or any phac: th:reef, shall not a~:ct or F~Jt thc cont:nuat:on of ~x:st:ng .... ;-'-~ by *~ :am~' prior consistent ,:Ath or M=~.ly anci!!aW +~ *~= =~;o+;~ usc ~_4 a~ --+ require a rezone or comprehznsiv: plan amendments. Page 80 of 168 · ~1. +1. .... ~1,. Words stru ........ ,:,.. are deleted, words underlined are added Sec. 2.2.31 NORTH BELLE MEADE OVERLAY DISTRICT (NBMO) 2.2.31.1 PURPOSE AND INTENT. The North Belle Meade Overlay (NBMO) is unique to the RFMU District because it is surrounded by areas that are vested for development on three sides. Because this area is largely undeveloped and includes substantial vegetated areas, the NBMO can and does provide valuable habitat for wildlife, including endangered species. The NBMO is intended to achieve a balance of both preservation and opportunities for furore development that takes into account resource protection and the relationship between this area and the Estates developing around the NBMO. 2.2.31.2. GENERAL LOCATION. The NBMO area is surrounded by Golden Gate Estates to the north, east, and west and 1-75 to the south. This NBMO comprises some 24 sections of land and approximately 15,550 acres and is located entirely within the RFMU District (Section 2.2.2½.) Page 81 of 168 Words s~.:ck ~:cugh are deleted, words underlined are added NORTH BELLE MEADE OVERLAY DISTRICT GOLDEN GATE BOULEVARD ALLIGATOR ALLEY ($.R. 84) INTERSTATE- 75 N LEGEND 2.2.31.3. APPLICABILITY: A. NBMO Receiving Lands. Permitted, conditional, and accessory uses within NBMO Receiving Lands shall be as set forth in Section 2.2.2½.2, except as provided in 2.2.31.5. Ali other provisions of this Code that implement the Future Land Use Element, Conservation and Coastal Management Element, or Public Facilities Element, including but not limited to Divisions 3.9 and 3.11, shall only be applicable to development in NBMO Receiving Lands to the extent specifically stated in Section 2.2.31. However, all development within NBMO Receiving Lands shall comply with all non-environmental review procedures for site development plans and platting as set forth in this Code. B. NBMO Neutral Lands. Except as otherwise specifically provided in 2.2.31.4 and 2.2.31.5.B, all development within NBMO Neutral Lands shall be consistent with Section 2.2.2½.3. C. NBMO Sending Lands. Except as otherwise specifically provided in Section 2.2.31.4, all development with NBMO Sending Lands shall be consistent with Section 2.2.2½.4. 2.2.31.4 GENERAL PLANNING AND DESIGN CONSIDERATIONS: A. TRANSPORTATION: As a condition for the approval of the residential component of any subdivision plat, site development plan, PUD, or DRI within Sections 21, 28, or 27 of the NBMO, the following transportation related improvements and planning and design elements shall be addressed and provision made for their completion. 1. An extension of Wilson Boulevard shall be provided, including ROW dedication and construction to County collector road standards, through Section 33, Range 27 East, extending to the south to Interstate 75 via an interchange or service road for residential development should it commence in Sections 21, 28 and 27. The portion of Wilson Boulevard that traverses through NBMO Sending Lands shall be designed with aquatic species crossings and small terrestrial animal crossings. 2. As an alternative to 2 above, a haul road along an extension of Wilson Boulevard shall be improved to standards sufficient, in the opinion of County transportation staff, to safely serve earth-mining activities with a connection through Sections 32 and 31 to Landfill Road. 3. Lands required for the extension of Wilson Boulevard will be dedicated to Collier County at the frae of rezoning. The right-of-way shall be of a sufficient size to accommodate collector road requirements. Page 82 of 168 Words :~:ck t~zcugh are deleted, words underlined are added 4. All new roads and road improvements, other than the Wilson Boulevard extension and the haul road referenced in 3 above, shall: a. be routed so as to avoid traversing publicly owned natural preserves, publicly owned parks, publicly owned recreation areas, areas identified as environmentally sensitive wildlife habitat, wildlife corridors, and greenways unless there is no feasible and prudent alternative; and b. be designed with aquatic species crossings, small terrestrial animal crossings, and large terrestrial animal crossings pursuant to Florida Fish and Wildlife Conservation Commission criteria. B. BUFFERING. The western 1/4 of Sections 22 and 27 shall be buffered from the NBMO NRPA to the east by a buffer preservation that includes all of the eastern ½ of the western 1/4 of Sections 22 and 27. This buffer shall consist of lake excavation areas between the Wilson Boulevard extension road right-of-way and the NRPA. C. GREENWAY. A Greenway that follows natural flowways, as contemplated in the Comntunity Character Plan prepared by Dover Kohl, shall be created within NBMO Sending Lands. As a condition to the creation of TDR Credits from NBMO Sending Lands that constitute natural flowways, such lands shall be dedicated to a public or private entity for use as part of the Greenway. 2.2.31.5 ADDITIONAL SPECIFIC AREA PROVISIONS A. RECEIVING LANDS 1 .Density. a. The base density in RFMU Receiving/.ands, outside of a Rural Village is one dwelling unit per five (5) gross acres. b. This density may be increased, through TDR Credits, up to a maximum of 1 dwelling unit per gross acre. c. Once a density of 1 dwelling unit per gross acre is achieved through TDR Credits, additional may be achieved as follows: (1) 0.1 dwelling unit per acre for each acre of native vegetation preserved on-sitel (2) 0.1 dwelling unit per acre for each acre of wetlands having a functionality value, as assessed using the South Florida Water Mangement District's Unified Wetlands Mitiation Assessment Method, of 0.65 or greater that are preserved on-site; and/or (3) 0.1 dwelling unit per acre for each acre of NBMO Sending Land that is within either a NRPA or a buffer area adjoining a NRPA that is dedicated to a public or private entity for conservation use. 2. The earth mining operation and asphalt plant uses that currently exist within NBMO Receiving Lands may continue and may expand as follows: a. Until June 19, 2004, or such other date as the GMP is amended to provide, such uses may expand only into the western half of Section 21 and shall not generate track traffic beyond average historic levels. b. Such mining operations and an asphalt plant may expand on Sections 21 and 28 and the western quarters of 22 and 27 as a permitted use if either of the following occur by June 19, 2004, or such other date as the GMP is amended to provide: (1) an alignment has been selected, funding has been determined, and an accelerated construction schedule established by the BCC and the mine operator, for an east-west connector roadway between County Road 951 and and the Wilson Boulevard extension; or (2) the mine operator commits to construct a private haul road by June 19, 2006, or such other date as the GMP is amended to provide, without the use of any public funds. c. If the conditions for expansion set forth in b above are not satisfied, any milaing operations or asphalt plant in these areas, other than continued operations Page 83 of 168 Words s~ack *_~c.wag~ are deleted, words underlined are added on the western half of Section 21 at historic levels, shall be permitted only as g conditional use. 3. A Greenbelt is not required for any development in NBMO Receiving Lands, whether inside or outside of a Rural Village. 4. NBMO Rural Village. A NBMO Rural Village shall adhere to the provisions for Rural Village set forth in Section 2.2.2%.2.11, except as follows: a. Density. A NBMO Rural Village shall have a minimum gross density of 1.5 dwelling units per acre and a maximum gross density of three (3) dwelling units per acre. (1) The minimum required density shall be achieved through TDR and Bonus Credits, as provided in Section 2.2.2%.2.B.3.c. (2) Once the minimum required density_ is achieved, additional density may be achieved, up to the maximum of three (3) dwelling units per gross acre through any one or combination of the following: for each acre of native vegetation for each acre of wetlands having a (a) TDR Credits; (b) 0.3 dwelling unit per acre preserved on-site; (c) 0.3 dwelling unit per acre functionality value, as assessed using the South Florida Water Mangement District's Unified Wetlands Mitigation Assessment Method, of 0.65 or greater that are preserved on-site; and/or (d) 0.3 dwelling unit per acre for each acre of NBMO Sending Land that is within either a NRPA or a buffer area adjoining a NRPA that is dedicated to a public or private entity for conservation use. b. Sidewalks shall be required on both sides of the streets. c. Interconnected bike lanes shall be provided on all collector and arterial roadways. d. Schools shall be located within a NBMO Rural Village whenever possible, in order to minimize bussing of students. Furthermore, whenever possible, schools shall be co-located with other public facilities and civic structures, such as parks, libraries, community centers, public squares, greens, and civic areas. e. Elementary schools shall be accessible by local streets and pedestrian and bicycle facilities and shall be located in or adjacent to the Rural Village Center, provided that local streets provide access adequate to meets the needs of the School Board. B. NEUTRAL LANDS. Neutral Lands shall be governed by the standards set forth in Section 2.2.2%.3, with the exception that, in those Neutral Lands located in Section 24, Towrn~hip 49 South, Range 26 East, a minimum of 70% of the native vegetation present shall be preserved. SUBSECTION 3.B. AMENDMENTS TO DIVISION 2.3. OFF- STREET PARKING AND LOADING Division 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. 2.3.5. Passenger vehicle parking in conjunction with residential structures. Page 84 of 168 Words sm:ok t?ze'agh are deleted, words underlined are added 2.3.5.1. Purpose and intent. It is the intent and purpose of this section to limit the number of vehicles that may be parked on a property and to prohibit the parking of vehicles in areas of a lot not specifically designated for such use. These regulations shall apply to all passenger vehicle parking activities or storage of passenger vehicles in connection with residential structures which are located on property designated as mixed use urban residential on the furore land use map of the growth management plan in effect as of the effective date of this ordinance and which are zoned or used for residential uses. The parking or storage of vehicles in connection with the residential dwelling units which the parking activities are ancillary and accessory to shall be regulated as set forth below. 2.2.5. !. 2.3.5.2. Definitions. For purposes of this section, a passenger vehicle shall be defined as a car, pickup truck, motorcycle, van, sports utility vehicle or the like, used primarily for personal transportation and the transportation of others but which is not for hire or used for commercial or recreational purposes. 2.2.5.2; 2.3.5.3. Single family dwelling units. The following requirements shall apply to those vehicles parked or stored outside of an enclosed structure including the residential dwelling unit together with any attached or detached garage or carport. 2.2.5.3. 2.3.5.4. Two family dwelling units: The following requirements shall apply to those vehicles parked or stored outside of an enclosed structure including the dwelling unit together with an attached or detached garage or carport: 2.2.5?.. 2.3.5.5. Multiple family dwelling units (i.e. 3 or more dwelling units except for garden apartments as defined in section 6.3. of this Code). The following requirements shall apply to those vehicles parked or stored outside of an enclosed structure including the dwelling unit together with an attached or detached garage or carport: 2.3.5.5. 2.3.5.6. Single family attached dwelling units. Where structures consist of single family attached (i.e. row houses) dwelling units, each with its own driveway to a common accessway, or public or private street, then all parking areas shall be limited to a designated driveway or driveway and garage combination. 2.2.5.6.2.3.5.7. Vehicle ownership requirements. Vehicles parked and/or stored in connection with residential dwelling units as described above shall be owned or leased by the occupants of the dwelling units or their guests. Vehicles owned by a from, corporation or entity for which the dwelling unit occupant is employed are exempt from this requirement. This provision shall not be construed to apply to vehicles owned by persons or business firms visiting the site for social or business purposes. 2.2.5.7.2.3.5.8. Parking in rights-of-way. Vehicles may not be parked or stored upon that portion of the right-of-way not directly a part of the designated driveway or designated parking areas. 2.2.5.8. 2.3.5.9. Nonconformities. Nonconforming lots, tracts or parcels of land that were otherwise lawful prior to the effective date of this ordinance shall comply with this ordinance within 90 days of its effective date. (Ord. No. 02-3, § 3.C.; Ord. No. 02-45, § 3.A. 2.3.21.4. For facilities in secti,~n 2.2.2! not of sufficient size to meet the minimum requirements set forth therein in Section 2.3.21, each such facility shall provide off-street loading on the property for the parking of a delivery vehicle, in accordance ':,'i*~ section 2.3.2!, to insure ensure that no deliveries or shipments of goods or products will require the use, however temporary, of any public right-of-way or required off-street parking space fc, r ~e par!ring ~f a de!!;'e~y :,eh/cie. Page 85 of 168 Words ~tn,,:'ck *~ze'agh are deleted, words underlined are added SUBSECTION 3.C. 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 2.4.7.2. Applicability. 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 of 60 consecutive days or more and a request for an occupational license to resume business is made. The buffering and screening provisions of this Code shall be applicable at the time of planned unit development (PUD), preliminary subdivision plat (PSP), or site development plan (SDP) review, with the installation of the buffering and screening required pursuant to section 2.4.3.5. If the applicant chooses to forego the optional PSP process, then signed and sealed landscape plans will be required on the final subdivision plat.. Where a more intensive land use is developed contiguous to a property within a similar zoning district, the planning services director may require buffering and screening the same as for the higher intensity uses between those uses. Landscape buffering and screening standards within any planned unit development shall conform to the minimum buffering and screening standards of the zoning district to which it most closely resembles. The planning services director may approve alternative landscape buffering and screening standards when such alternative standards have been determined by use of professional acceptable standards to be equivalent to or in excess of the intent of this Code. 2.4.7.5. "Collier County Streetscape Master Plan ", "Construction Standards Handbook for Work Within the Public Rights-of-Way Collier Count~, Florida" and the "Golden Gate Community Roadways Beautification Master Plan." Street corridors identified in Section 2 and Figure E. 1 of the "Collier County Streetscape Master Planf the "Construction Standards Handbook for Work Within the Public Rights-of- Way Collier County, Florida" 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 "C~!!izr Czun~' S~zetrcape Master Plan" documents. Notwithstanding the above, for required landscape buffers adjacent to any right-of-way, the requirements of Section 2 and Figure E. 1 of the "Collier County Streetscape Master Plan", the Construction Standards Handbook for Work Within the Public Rights-of Way Collier County, Florida" 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 an~or a final site development plan. Where the application of said 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.D. 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: Page 86 of 168 Words ~tr.:'ck *~ ..... ~- ~,' deleted, words underlined are added DIVISION 2.5. SIGNS 2.5.5.2.3. Real estate signs: As defined The f.e!!ew!ng s:.gns,._oo...wo~c'~a as .,~.~n~ vo.-~ ...... gL-mso shall be permitted in non-residential districts subject to the following: One gr¢'&nd sign ..,:+h Rent," ar z:~'p.J!ar grotmd sign with a maximum height of ten feet or wall sign, with a maximum area of twelve square fcct in size per street frontage for each parcel, or lot less than one acre in size. (No building permit requircd.) One ground :ign ;;5~ a ~ximum he:.g~t cf ten fset cr ',;'all "For Sa!e," "For t~ ground sign with a maximum height of ten feet or wall sign, with a maximum 32 square feet in size, per street frontage for each parcel, or lot one to ten acres in size. (No building permit required.) 1.+ ^Ir I '~ ~* ^~ ..,~11 {']~r~ ~.1. t, One Rent,"~' -.~r si~2!ar ground sign with a maximum height of 15 feet or wall sign, with a maximum of 64 square feet in size, per street frontage for each parcel or lot in excess often acres in size. A building permit is required. 2.5.5.2.5.1. Pole or ground signs. Single-occupancy parcels, shopping centers, office complexes, business parks, o~ and industrial parks having frontage of 150 feet or more on a public street, or combined public street frontage of 220 linear feet or more for comer lots, shall be permitted one pole or ground sign. Additional pole or ground signs may be permitted provided that there is a minimum of a 1,000-foot separation between such signs, and all setback requirements are met. In no case shall the number of pole or ground signs exceed two per street frontage. In addition, multiple-occupancy parcels such as shopping centers, office complexes, business parks, or industrial parks containing 25,000 square feet or more of gross leasable floor area, and eight or more independent businesses will be permitted one directory sign for a single entrance on each public street. When a directory sign is proposed then pole or ground signs shall be limited to the name and logo of the complex and shall not contain name of any tenant. The directory sign shall contain a minimum of four and a maximum of eight tenant names. The name of businesses located on outparcels shall not appear of directory signs. 2.5.5.2.5.1.1. Ground signs for smaller lots. Single-occupancy parcels, shopping centers, office complexes, business parks, and industrial parks may be issued a sign permit for one ground sign provided that the following minimum requirements are met, as applicable: 1) For those lots or parcels with public road frontage of no less than 100 feet, but up to 149.9 feet, or a combined public street frontage of no less than 150 feet but less than 219.9 feet for comer lots or parcels: a) No portion of the ground sign may be located closer than 10 feet from any property line; b_) a planting area of no less than 100 square feet shall be provided around the base of the ground sign; c) the ground sign's architectural design, construction, and color shall include features common to those used in the design of the building where the corresponding b,miness requesting the sign is accessory to; d_) the ground sign may be double-sided but cannot be placed in a V-shape, and must display identical copy on both faces; e_) any illumination of the sign must be non-revolving and shine away from any right-or-way, and shall require an electrical permit. fl the street address for the business(es) shall be displayed in numerals at least 8 inches high on all faces of the sign and must be located so as to not be covered by landscaping or other impediments; and g) no other free-standing or directional signs will be allowed on the same lot or parcel. Page 87 of 168 Words sm:c!: +,?~.e,.:gh are deleted, words underlined are added 2) In addition, for those lots or parcels with frontage of 121 to 149.9 feet, or a combined public street frontage of no less than 150 feet for comer lots or parcels but less than 219.9 feet: a) the ground sign shall be limited to 8 feet in height, as measured from the lowest centerline grade of the nearest public road to the uppermost portion of the sign structure regardless of the roadway classification; and b) the maximum allowable sign area is 32 square feet 3) In addition, for those lots or parcels with frontage of 100 to 120.9 feet: a) the ground sign shall be limited to 6 feet in height, as measured from the lowest centerline grade of the nearest public road to the uppermost portion of the sign structure regardless of the roadway classification; and b) the maximum allowable sign area is 16 square feet. 2.5.5.2.5.!.!. 2.5.5.2.5.1.2. The minimum setback requirement may be administratively reduced by a maximum of ten feet by the planning services director upon submission of the administrative variance fee and a written request. However in no case shall the required setback be reduced to less than five feet. The planning services director's decision to reduce the required setback shall be based on the following: a) Where it can be demonstrated that within the adjacent right-of-way the area between the property line and the edge of pavement is excessively wide and that the actual paved area is unlikely to be widened to the extent that reduction in the required setback will result in the sign being any closer than 30 feet to the edge of pavement; b) Where due to the existing site conditions and improvements, it can be demonstrated that adherence to the required minimum required setback will have a deleterious effect on the safety of users of the site from the perspective of vehicular parking and vehicular and pedestrian ingress and egress; c) Where due to the nature and location of existing landscape features and/or specimen trees, it would be prudent to allow for a reduction in the required setback so as to most appropriately locate the sign structure; or, d) The extent of the reduction is the minimum amount necessary to provide relief from the applicable conditions cited above. SUBSECTION 3.E. AMENDMENTS TO DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS Division 2.6., Supplemental District Regulations, of Ordinance 91 - 102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS Sec. 2.6.3. Exclusions from height limits. 2.6.3.1. General exclusions. The height limitations contained in D._division 2.2 do not apply to infrastructure in support of the building, such as mechanical penthouses, elevator shafts, stair Shafts, mechanical equipment, mechanical screening, spires, belfries, cupolas, flagpoles, antennas, communications towers, water tanks, fire towers when operated by a branch of government, ventilators, chimneys, feed storage structures, silos, windmills, airport control towers, or other appurtenances usua!!y requ~re~ t,v be placed above the roof level and not intended for human Page 88 of 168 Words .... ~' *u ..... h ~r~ deleted, words underlined are added occupancy; provided, however, ~e height: of '&ese om:crate: or app'~en:nce: *~eretc :k~!! not re~a!a6cn: -'~*~ *~ mg~, app:cack acne ~ aL~c~:. ~ ...... ~ ~ ~ n~ ) or for comercial p~oses a~ provided below: (1) Structural elements shall be no higher than necessary to accomplish the purpose it is intended to serve. (2) The aggregate area of structures or appurtenances shall not exceed one-third the area of the supporting roof. (3) Where thi~ section conflicts with Division 2.8, the provisions of Division 2.8. will control. (4) The heights of these structures or appurtenances thereto shall not exceed any height limitations prescribed by the Federal Aviation Agency or airport zoning regulations within the flight approach zone of airports. (See section 2.2.23.) Sec. 2.6.9. Essential Services: Essential services are hereby defined as: facilities and services, including utilities, safety services, and other government services, necessary to promote and protect public health, safety and welfare, including but not limited to the following: pc, lice law enforcement, fire, emergency medical, public park and public library facilities; and all services designed and operated to provide water, sewer, natural gas, telephone, electricity, cable television or communications to the general public by providers which have been approved and authorized according to laws having appropriate jurisdiction, and governmental facilities. Essential services are · ~;~ ~;~"~;~* subject *^ ,u~ c^, .... ; ..... ~;*~ authorized as follows: a!!~wed :n any ....... 2.6.9.1 Permitted Uses Essential Services. Permitted Essential Services in All Districts Except CON Districts, RFMU Sending Lands, NRPAs, HSAs, and FSAs. The following uae: essential services are allowed as permitted uses in all zoning districts, except as specifically prohibited herein for Conservation, RFMU District Sending l.ands, and RLSA, HSAs, NRPAs and FSAs: a. In eve:'; z.enLng disXict: ~Water lines and; sewer lines;; 2. Natural gas lines, except those associated with oil extraction and related processing operations as defined in this code and regulated under applicable federal and state law; ;Telephone lines, telephone switching stations, and cable television lines; 4. Communication Towers, limited to those providing wireless emergency t~lephone service, subject to all applicable provisions Section 2.6.35 of this Code; ~Electrical transmission and distribution lines, substations, and emergency power structures; sSewage lift stations,, and water pumping stations; 7._:. sEssential service wells (including extraction facilities; and requisite ancillary facilities;); and 8~ aAny other wells which have been or will be permitted by the South Florida Water Management District or the Florida dD_epartment of eE_E_nvironmental pProtection either prior to or subsequent to the effective date of this ordinance, or if the respective well and/or well related facility is otherwise required to be installed or constructed by law; in eveG' zoning ~;~'*;~*' and similar installations necessary for the perf~.wn..nnce of these services. If any proposed well is a Collier County owned well under the permitting jurisdiction of a Florida agency, staff, early in the ~County's well permit application process, shall post sign(s) at the oCounty's proposed well site(s) and shall provide written notice that the county has applied for a required well permit to property owners within 300 feet of the property lines of the lots or parcels of land on which the applied-for well is being sought by the ~County, including, if applicable, the times and places of the permitting agency's scheduled public hearings; Page 89 of 168 Words sW.:ck t?zaugh are deleted, words underlined are added B. Permitted Essential Services in CON Districts, RFMU Sending Lands, NRPAs, HSAs,. and FSAs. 1. Within CON Districts, Sending Lands in the RFMU District, NRPAs, and within designated Habitat Stewardship Areas (HSA) and Flow way Stewardship Areas (FSA) within the RLSA overlay district subject to the limitations set forth in 2.2.27.11. B.2, the following essential services are permitted: a. Private wells and septic tanks; b. Utility lines, except sewer lines; c. Sewer lines and lift stations, only if located within already cleared portions of existing rights-of-way or easements, and necessary to serve a publicly owned or privately owned central sewer system providing service to urban areas and/or the Rural Transition Water and Sewer District; and, d. Water pumping stations necessary to serve a publicly owned or privately owned central water system providing service to urban areas and/or the Rural Transition Water and Sewer District. ~C_.~_. Additional Permitted Essential Services in Commercial and Industrially Zoned Districts. In commercial and industrially zoned districts+, in addition to the essential services identified above in Section 2.6.9.1, c,t~er governmental facilities, as defined by this Code, including law enforcement, fire, emergency medical services and facilities, public park and Public library services and facilities, t,~ .u,..v ........ ~,~v.., ...~u~ c~:-,.,.~...,/er se:-.4ee is required u.,~/~.~ .......,. ~...~ or regulation, shall be considered a permitted essential service. ~D. Additional Permitted Essential Services in the Agricultural and Estate Zoned Districts. In the agricultural and estate zoned districts, in addition to the essential services identified above in Section 2.6.9.1.A., the following governmental services and facilities shall be considered permitted essential services: nonresidential not-for-profit child care, nonresidential education facilities, libraries, museums, neighborhood parks, and recreational service facilities. E. Additional Permitted Essential Services in the Agricultural Zoned District: In the agricultural zoned district, in addition to the Essential Services identified above in Section 2.6.9.1.A., safety services, and other government services, necessary to promote and protect public health, safety and welfare are permitted essential services, limited to the following: law enforcement, fire, and emergency medical services. d:.F. Additional Permitted Essential Services in Residentially Zoned Districts. In residentially zoned districts, in addition to the essential services identified above in Section 2.9.6.1 .A.,+ neighborhood parks shall be considered a permitted essential service.+ 2.6.9.2.Conditional uses. The following uses require approval pursuant to section 2.7.~4~s conditional uses: a.A. Conditional Essential Services in Every Zoning District Excluding the RFMU District Sending Lands, Conservation zoned lands, NRPAs, and RLSA designated HSAs and FSAs: In every zoning district, unless otherwise identified as permitted uses, and excluding P&'MU District Sending Lands, Conservation zoned lands, and NRPAs, the following uses shall be allowed as Conditional Uses: eElectric or gas generating plants,~ e_Effluent tanks;; 3. ml~Jajor re-pump stations sewage treatment plants, including percolation ponds, and water aeration or treatment plants, 4. hLI_ospitals and hospices; and, "'~ ...... " ............ ~ .... 5_=. gQovemment facilities, including where not identified as a permitted use in this section, safety service facilities such as including law enforcement, fire, emergency medical services. , except ~ ~+h~.~ speci~ed ~"' e~+~ '~ ~ ~, , ~c B. Conditional Essential Services in RFMU Sending Lands, NRPAs, Conservation zoned districts, and RLSA designated HSAs and FSAs. Within RFMU District Sending Lands, NRPAs, Conservation zoned districts, and the RFLA designated HSAs and FSAs subject to the limitations set forth in 2.2.27.11. B.2, in addition to the essential services identified as allowed Page 90 of 168 Words stmc!: *~' ..... ~' ~ deleted, words underlined are added conditional uses in Section 2.6.9.2.A. above, the following additional essential services are allowed as conditional uses: 1. Sewer lines and lift stations necessary to serve a publicly owned or privately owned central sewer system providing service to urban areas and/or the Rural Transition Water and Sewer District, when not located within already cleared portions of existing rights-of-way or easements; 2. Safety. Services limited to law enforcement, fire, and emergency medical services. C. Additional Conditional Uses in Residential, and Estate Zoned Districts, and in RFMU Receiving and Neutral Llands: In residential, agricultural, and estate zoned districts~ and in RFMU Receiving and Neutral Lands, in addition to those essential services identified as conditional uses in Section 2.6.9.2.A., above, the following Essential Services shall also be allowed as conditional uses: 1. ~Regional parks and community parks;i 2. Public parks and public library facilities; sSafety service facilities,; oOther similar facilities, except as otherwise specified herein. 2.6.9.3 App!icabi!i~, cf district rcgu!ations. Conditional Uses that Include the installation of Structures: 1. Under this subszztien wW.__here structures are involved other than structures supporting 1-~es or cables, such structures shall comply with the regulations for the district in which they are located, or as may be required on an approved site development plan under division 3.3. In addition, the structures shall conform insofar as possible to the character of the district in which they are located as to development standards, as well as architecture and landscaping, with utilization of screening and buffering to ensure compatible with the dis~izt surrounding and nearby existing and future uses. 2. Within the RFMU District Sending Lands, NRPAs, Conservation Districts, and the RLSA HSAs and FSAs, structures supporting the conditional use shall be located so as to minimize any impacts on native vegetation and on wildlife and wildlife habitat. 2.5.9.43. S~ac?ares far cc:var, ercia! activities. Essential services shall not be deemed to include the erection of structures for commercial activities such as sales or the collection of bills in districts from which such activities would otherwise be barred. Unstaffed billing services, which are accessory uses to the normal operations of the essential service, may be permitted. 2.6.21.4. Boathouse requirements: Boathouses, including any roofed structure built on a dock, shall be reviewed by the planning commission using the sa~e procedures and applicable critzri.~ ............ 5 ................ a ca crder fcr t~: ~]ar~!ng :c~2asicn tc ap~rcv: th: requ:st: according to the following criteria, all of which must be met in order for the Planning Commission to approve the request: 2.6.21.4.7. The boathouse or covered structure must be so located as to minimize the impact on the view of the adiacent neighbors to the greatest extent practical. 2.6.33.10. "Coming soon signs." A temporary use permit may be granted, at the discretion of the planning services director, for a "coming soon" sign located within a non-residential district. Page 91 of 168 Words :~a:!: ~cugh are deleted, words underlined are added This sign must not exceed 32 square feet and the temporary use permit number must be placed at the base of the sign not less than one-half inch from the bottom. The sign must not be displayed for a period of more than six months from the issuance of a building permit or until the issuance of a pcm~anent sign, whichever occurs first. The non-refimdable fees for this temporary use permit will be calculated by the board of county commissioners and are subject to change. A "coming soon" sign is defined as a ground sign used to inform the public of the entry of a new business within a six-month time period. However, thi~q sign may not be located within any public right-of-way or easement. Sec. 2.6.35. Communications towers. 2.6.35.1. Purpose and intent. This section applies to specified communication towers that support any antenna designed to receive or transmit electromagnetic energy, such as but not limited to telephone, television, radio or microwave transmissions. This section sets standards for construction and facilities siting; is to minimize where applicable adverse visual impacts of towers and antennas through careful design, siting and vegetation screening; to avoid potential damage to adjacent properties from tower failure; to maximize the use of specified new communication towers and thereby to minimize need to construct new towers; to maximize the shared use of specified tower sites to minimize the need for additional tower sites; to lessen impacts new ground mounted towers could have on migratory and other species of birds; to prevent unnecessary habitat fragmentation and/or disturbance in siting and designing new towers; and to consider the concerns of the Collier Mosquito Control District as to low flying mosquito control aircraft safety. 2.6.35.5.9 Migratory Birds and other }ViIdlife Considerations. A. Ground Mounted Towers. Except to the extent not feasible for the respective new ground mounted tower's intended purpose(s), each new ground mounted tower that will exceecl a height of seventy-five (75) feet (above ground), exclusive of antennas, but will not exceed a height of one hundred and ninety-nine (199) feet above natural grade, exclusive of antennas, should not be guyed. If the applicant proposes that a new ground mounted tower within this height range be guyed, the applicant shall have the burden of proving the necessity of guying the tower. B. Bird Diverter Devices. Each new ground mounted guyed tower installed after January 1, 2004, greater then seventy-five (75) feet in height above natural grade, exclusive of antennas, shall have installed and maintained bird diverter devices on each guy wire (to reduce iniuries to flying birds). C. Habitat Loss. In addition to the requirements in Division 3.9, towers and other on-site facilities shall be designed, sited, and constructed to minimize habitat loss within the tower footprint. At such sites, road access and fencing, to the extent feasible, shall be utilized to minimize on-site and adjacent habitat fragmentation and/or disturbances. D. Security Lighting. When feasible, security lighting to protect on-ground facilities/equipment shall be down-shielded to try to keep such light within the outermost geographic boundaries of the tower's footprint. 2.6.35.6.12. Tower lighting. A. Towers and Antennas Exceeding 150 Feet. Towers and antennas with a height greater th---an 150 feet shall be required to have red beacon or dual mode lights unless exempted in writing by the Collier County Mosquito Control District. Such lights shall meet the then existing Federal Aviation Administration (FAA) technical standards. No other towers or antennas shall be artificially lighted except as required by the FAA, the Federal Communications Commission, or other applicable laws, ordinances or regulations. If the FAA rules require lighting, then the applicant shall comply with such rules. B. New Towers Exceeding 199 Feet. Each new tower that will have a height in excess of one hundred and ninety-nine (199) feet above ground, exclusive of antennas, and such tower shall be lighted no more than is otherwise required by state and/or federal law, rule, or regulation. Unless otherwise then required by law, rule or regulation, only white strobe lights Page 92 of 168 Words sm:c!: ~zeugk are deleted, words underlined are added shall be used at night, unless otherwise required by the FAA, in which case red strobe-type lights shall be used. Such lights shall not exceed the minimum number, minimum intensity, and minimum light flashes per interval of time (requiring the longest allowable duration between light flashes) required by state or federal law, role, or regulation. Solid red (or pulsating red) warning lights shall not be used at night. 2.6.35.8. Wireless Emergency Telephone Service. Notwithstanding any other provisions of Section 2.6.35, the following provisions shall apply to communications towers that provide wireless emergency telephone service. A. These facilities are Essential Services. B. Each applicant for these permits is required to clearly inform County staffby means of an emboldened "notice" in a cover letter or on the first page of the permit application, substantially as follows: This Application is subject to the expedited timelines specified in Chapter 365.172, Florida Statutes. C. Applicants for these permits need not provide staff with evidence that a proposed wireless communications facility complies with federal regulations, but staffmay require from such applicant proof of proper FCC licensure, and staffmay request the FCC to provide information as to the provider's compliance with federal regulations to the extent then authorized by federal law. The County has no permitting jurisdiction with regard to wireless communications facilities located (or to be located) on property owned by the State of Florida, including State-owned rights-of-way. 2.6.35.8.1. Co-located Facilities. Provided the then existing zoning applicable to the proposed site allows E911 facilities without a need to rezone, a need to obtain conditional use approval, or any other required process (such as, for example, having an agreement amended), the County shall grant or deny a properly completed application requesting co-location of E911 Service, or co-location for wireless telephone service, not later then forty-five (45) business days after the date that a properly completed application is initially submitted to staff in accordance with all applicable perm/t application requirements in section 2.6.35. Co- location of such facilities on a then existing above-ground tower or other above-ground structure shall not be subject to the land development regulations pursuant to Section 163.3202, Florida Statutes, provided the height of the then existing tower or structure is not thereby increased. Co-location of such antenna, or co-location of related equipment, shall be subiect to applicable building regulations, and with all then existing permits or agreements applicable to that tower or to the underlying property. Nothing herein, including the forty-five (45) business days timeline, shall relieve the permit holder for, or owner of, the then existing tower or structure from complying with applicable permit requirements, or applicable agreement(s), or with applicable land development regulation (including aesthetic requirement), or compliance with any other then applicable law(s). 2.6.35.8.2. New Towers or Antennas. The County_ shall grant or deny an application requesting location of a new wireless telephone service tower, or for location of antenna(s) for wireless telephone service, not later then ninety (90) business days after the date that an application that fully complies with the requirements of Section 2.6.35 is submitted, provided the then existing zoning applicable to the proposed site allows the E911 facilities without need to rezone, the need to apply conditional use approval, or other required procedures. Provided further that nothing herein shall affect permit compliance of such facilities with applicable federal regulations, applicable zoning and/or land development regulations (including aesthetic requirements), or with applicable building regulations. Pursuant to Section 365.172, Florida Statutes. 2.6.35.8.3. Sufficiency Notice. Within twenty (20) business days of receiving the permit application for any facility listed above in subsection 2.6.35.8.1 or in 2.6.35.8.2., staff shall in writing notify the permit applicant whether the application is, or is not, properly completed. If such permit application is not properly completed, staff shall with specificity notify the applicant of any and all deficiencies, which if cured will thereby render the application beine properly completed. Staff should also notify the applicant whether the applicable zoning classification allows the applied-for use(s) without rezoning, without conditional use approval, or without any other related ancillary approval process or permission. 2.6.35.8.4 Default Approval. A. An application for E911 service, co-location of wireless telephone service, or new location for wireless telephone service or antennae shall be deemed to have been automatically granted provided that: Page 93 of 168 Words s~,: ........ e,-- are deleted, words underlined are added 1. Such service or facility is allowed in the applicable zoning district without a rezone, without the need to apply for a conditional use, or without the need to apply for some other permit; 2. the County fails to either grant or deny the applied-for permit within the time frames set forth in Sections 2.6.35.8.1 or 2.6.35.8.2, as applicable; and 3. the applicant has not agreed to an extension of time, as provided in Section 2.6.35.8.5. B. However, the applied-for permit shall not be deemed granted if final action requires action by the BCC, but such action is prevented due to emergency conditions beyond the County's control. In such instance, the time for final action on the application shall be extended until the next regularly scheduled meeting of the BCC. The permit shall be deemed to be granted if the BCC fails to take final action at that time. 2.6.35.8.5. Waiver. Extensions of the above-described applicable timelines (deadlines) shall not be effective except to the extent voluntarily agreed to by the permit applicant. Narrow exception: a one-time timeline waiver may be required if there then exists an emergency that directly affects the administration of all of the County's communications tower permitting activities which had been formally declared by the County, by the State of Florida, or by the federal government. Sec. 2.6.37. Kitchens in dwelling units. A dwelling unit containing less than 2,500 square feet of living area shall be limited to one primary kitchen. A dwelling unit containing 2,500 square feet of living area, or greater, may have a seconda__~ kitchen prL~D' kitchen provided all rooms are internally accessible and the secondary kitchen is only accessible through the main dwelling unit. (Ord. No. 92-73, § 2) 2.6.39. Transfer of Development Ril~hts {TDR} 2.6.39.1 Purpose, Intent and Applicability. A. Purpose: 1. The primary purpose of the TDR process is to establish an equitable method of protecting and conserving lands determined to have significant environmental value, including large connected wetland systems and significant areas of habitat for listed species; and 2. To provide a viable mechani.qm for property_ owners of such environmentally valuable lands to recoup lost value and development potential which may be associated with the application of environmental preservations standards to such lands. B. Intent: These TDR provisions are intended to accomplish the above stated purpose through an economically viable process of transferring development rights from less suitable non-RFMU sending areas and RFMU Sending Lands to more suitable non-RFMU receiving areas and RFMU Receiving Lands. C. Applicability: These TDR provisions shall be applicable to those areas specifically identified in 2.6.39.2, 2.6.39.3, and 2.6.39.4. below. These TDR provisions shall not be applicable to the any transfer of development rights within the RLSA District. 2.2.?..I I. 2.6.39.2.TRANSFER OF DEVELOPMENT RIGHTS FROM URBAN AREAS TO URBAN AREAS. An owner of land located within areas designated as urban on the Furore Land Use Map, including agriculturally zoned properties, which may or may not be identified with the ST overlay, may elect to transfer some or all of the residential development rights from one parcel of land to another parcel, as an alternative to the development of the sending lands. The lands to which the development rights are to be transferred shall be referred to as receiving lands and those lands from which development rights are transferred shall be referred to as sending lands, as provided herein and shall be located within the urban designated areas of the county. 2.2.24. ! !. 1. A. The development rights shall be considered as interests in real property and be transferred in portions or as a total as provided in this section. Once used, the residential Page 94 of 168 Words s~ack ~c.~ugh are deleted, words underlined are added development rights shall not be used again and the residential development rights of the subject lands providing them shall be considered severed forever. 2.2.24. ! !.2. B._:_. The transfer of development rights to be used shall be subject to all of the requirements of the basic zoning district to which they are transferred unless specifically approved otherwise as provided by law. 2.2.24. ! 1.3. C. The minimum area of land eligible for the transfer of development rights shall be equal to the minimum lot size for the sending zone. For the purposes of this section, legal non-conforming lots of record may be eligible to transfer density, with the minimum area of the receiving land equal to the area of the legal non-conforming lot of record, excluding submerged land. 2.2.24. ! 1.4. D. Upon the approval of the transfer of residential development rights by a super majority vote o--f the board of county commissioners, the property owner of the sending land shall dedicate in fee simple the land to the county or a state or federal agency; however, the lands may be dedicated in fee simple to a private, not-for-profit conservation or environmental organization in accordance with F.S. § 704.06, as amended, with the approval of the board of county commissioners. 2.2.24.1 ! .5. E. The maximum number of residential units which may be requested for transfer shall b-~ compiled on the basis of the permitted density pursuant to the underlying zoning category of the sending land. 2.2.24. I ! .6. ?_:_.Maximum number of residential units which eligible lands may receive. 1. Lands in all residential zoning districts and residential components of planned unit development zoning districts are eligible to receive residential development units provided that the maximum number of residential units which may be transferred to the receiving land does not exceed ten percent of the maximum number of residential units permitted under the receiving property's basic zoning district. For the purpose of determining the number of residential units which a parcel of land is capable of receiving, the following formulas shall apply'_. RSF-1 through RSF-5 districts, up to and including five units per acre: Units per base density X 10% = .1 to .5 units per acre RMF-6 district, up to and including six units per acre: 6 units X 10% = 0.6 units per acre RMF-12 district, seven to and including 12 units per acre: 12 units X 10% = 1.20 units per acre RMF- 16 district: 16 units X 5% -- 0.80 units per acre RT district: 16 units X 5% = 0.80 units per acre 26 units X 5% = 1.30 units per acre PUD district: Residential tract units X 5% = permitted units per acre 2. For the purpose of calculating the final fractional residential unit of the total number of residential units eligible for transfer to an eligible parcel of land, the following shall apply: Any fractional residential unit shall be converted upward if one-half or more of a whole unit, or downward if less than one-half of a whole unit, to the nearest whole unit value. 2.2.24. ! 2. G. Procedure for obtaining transfer of residential development rights. Any owner of eligible lan'--d may apply for a transfer of development rights either separately or concurrently with rezoning, zoning ordinance amendments, preliminary subdivision plat or development plan. Prior to the approval of any transfer of development rights or the issuance of any building permits in connection with the use of any transfer of development rights, the petitioner shall submit the following information and data, as applicable to the petition, to the development services director for his review and subsequent action by the board of county commissioners 1. Name and address of property owner of sending land. 2. Name and address of property owner of receiving land. 3. Legal description of sending land from which transfer of residential development rights is petitioned. Page 95 of 168 Words stru,~k t?~c,'agh are deleted, words underlined are added 4. Survey of sending land from which transfer of residential development rights is requested. 5. Legal description of receiving land which receives the transfer of residential development rights. 6. Survey of the land which receives the transfer of residential development rights. 7. Three copies of an executed deed of transfer of ownership of the sending property to the county or a state or federal agency; however, the lands may be dedicated in fee simple to a private, not-for-profit conservation or environmental organization in accordance with F.S. § 704.06, as amended, with the approval of the board of county commissioners in a form approved by the county attorney. 8. The owner of the sending land shall provide a guarantee, agreeable to and approved by ordinance of the board of county commissioners, that the sending land will be utilized only for the purposes of increasing public recreational and/or educational opportunities, creation of linkages between public or private open space, protection of critical habitat/ecosystems, or other public purpose as specified in the ordinance of adoption. Such a guarantee shall be recorded with the clerk of the circuit court of Collier County, Florida as a recorded restriction of the use of such land and shall be binding upon all present and subsequent owners, heirs, or assigns of such property. Such restrictions may not be amended, deleted, or otherwise altered, except by a majority vote of the board of county commissioners. 2.2.24. !3. H._~. Time limitations on board of county commissioners' approval of transfer of residential development rights or authorization to proceed with the processing of a building construction permit. The board of county commissioners' approval of a transfer of residential development rights or the planning services director's authorization to proceed with the processing of a building or construction permit shall be valid so long as such approval is permitted by law. The failure to act on the part of the petitioner to exercise the transfer of residential development rights or obtain and exercise an authorized building or construction permit within the time period provided by law shall automatically terminate such approval and the county shall be held harmless for any damages arising out of the petitioner's failure to act. 2.2.24.!4. I. Sequential use of residential units approved for transfer by the board of county commissioners. Upon the issuance of any permit for the construction of residential unit(s) upon the receiving land, the first residential units built thereon shall be considered to be the residential units approved for transfer by the board of county commissioners, and the succeeding residential units constructed shall be considered the residential units permitted under the basic zoning district regulations. 2.6.39.3 TDR Credits From RFMU Sending Lands: General Provisions A. Creation of TDR Credits. 1. TDR Credits are generated from RFMU Sending Lands at a rate of 1 TDR Credit per 5 acres of RFMU Sending Land or, for those legal non-conforming lots or parcels of less than 5 acres that were in existence as of June 22, 1999, at a rate of 1 TDR Credit per legal non-conforming lot or parcel. 2. For lots and parcels 5 acres or larger, the number of TDR Credits generated shall be calculated using the following formula: # of acres x 0.2 = # of TDR Credits generated. Where the number of TDR Credits thus calculated is a fractional number, the number of TDR Credits created shall be rounded to the nearest 1/100th. B. TDR Credits from RFMU Sending Lands may be transferred into Urban Areas, the Urban Residential Fringe, and RFMU Receiving Lands, as provided in Sections 2.6.39.4 and 2.6.39.5. C. Prohibition on Transfer of Fractional TDRs. While fractional TDR Credits may be created, as provided in A above, TDR Credits may only be transferred from RFMU Sending l,ands in increments of whole, not fractional, dwelling units. Consequently, fractional TDR Credits must be aggregated to form whole units, before they can be utilized to increase density in either non-RFMU Receiving Areas or RFMU Receiving Lands. D. Prohibition on Transfer of Development Rights. Page 96 of 168 Words :rack ~eugh are deleted, words underlined are added 1. TDR Credits shall not be transferred from RFMU Sending Lands where a conservation easement or other similar development restriction prohibits the residential development of such property. 2. TDR Credits shall not be transferred from RFMU Sending Lands that were cleared for agricultural operations after June 19, 2002, for a period of twenty-five (25) years after such clearing occurs. 2.6.39.4 Transfer of Development Rights From RFMU Sending Lands to Non-RFMU Receiving Areas Transfers to Urban Areas. 1. Maximum density increase. In order to encourage residential in-fill in urban areas of existing development outside of the Coastal High Hazard Area, a maximum of 3 residential dwelling units per gross acre may be requested through a rezone petition for projects qualifying under this residential infill provisions of the Future Land Use Element Density Rating System, subject to the applicable provisions of Division 2.7 of this Code, and the following conditions: a. The project is 20 acres or less in size; b. At time of development, the project will be served by central public water and sewer; c. The property in question has no common site development plan in common with adjacent property; d. There is no common ownership with any adjacent parcels; and e. The parcel in question was not created to take advantage of the in-fill residential density bonus and was created prior to the adoption of this provision in the Growth Management Plan on January 10, 1989. f. Of the maximum 3 additional units, one (1) dwelling unit per acre shall be transferred from RFMU Sending l,ands. Site Plan or Plat Approval. 2. Developments which meet the residential infill conditions a through e above may increase the base density administratively through a Site Development Plan or Plat approval by a maximum of one dwelling unit per acre by transferring that additional density from RFMU District Sending Lands. B. Transfers to the Urban Residential Fringe. TDR Credits may be transferred from RFMU Sending Lands located within one mile of the Urban Boundary into lands designated Urban Residential Fringe at a rate of 1.0 dwelling units per acre, allowing for a density increase from the existing allowable base density of 1.5 dwelling units per acre to 2.5 dwelling unit per gross acre. 2.6.39.5 Transfers From RFMU Sending l.ands to RFMU Receiving Lands. A. Maximum Density on RFMU Receiving Lands When TDR Credits are Transferred from RFMU Sending Lands. 1. The base residential density allowable shall be as provided in Sections 2.2.2½.2.A.2.a. and 2.2.21A.2.B.3.a. 2. The density achievable through the transfer of TDR Credits into RFMU Receiving Lands shall be as provided for in Section 2.2.2½.2.A.2.b.(1) outside of Rural Villages anct Section 2.2.2½.2.B.3.b and c.(1) inside of Rural Villages. B. Remainder Uses After TDR Credits are Transferred from RFMU Sending Lands. Where development rights have been transferred from RFMU District Sending Lands, such lands may be retained in private ownership and may be used as set forth in Section 2.2.2Vz.4.B. 2.6.39.6. PROCEDURES APPLICABLE TO THE TRANSFER OF TDR CREDITS FROM RFMU SENDING LANDS. A. General. The transfer of TDR Credits from RFMU Sending Lands does not require the approval of the County. However, those developments that utilize such TDR Credits are subject to all applicable permitting and approval requirements of this Code, including but not limited to those applicable to site development plans, plat approvals, PUDs, and DRIs. Page 97 of 168 Words smzck t?aeugh are deleted, words underlined are added B. County-Maintained Central TDR Registry. In order to facilitate the County's monitoring of the TDR Program, the County shall serve as the central registry of all TDR Credit purchases, sales, and transfers, as well as a central listing of TDR Credits available for sale and purchasers seeking TDR Credits. No TDR Credit generated from RFMU Sending l.ands may be utilized to increase density in any area unless the following procedures are complied with in full. 1. TDR Credits shall not be used to increase density in either non-RFMU Receiving Areas or RFMU Receiving Lands until severed from RFMU Sending Lands. TDR Credits shall be deemed to be severed from RFMU Sending Lands at such time as a TDR Credit Certificate is obtained from the County and recorded. A TDR Credit Certificate shall be provided by the County upon submission of the following: a. a legal description of the property from which the RFMU TDR Credits originated, including the total acreage; b. a title search, or other evidence, establishing that prior to the severance of the TDR Credits from the RFMU Sending Lands, such Sending Lands were not subiect to a conservation restriction or other development restriction that prohibited residential development; c. a legal instnnnent, prepared in accord with the form provided by the County, that limits the allowable uses on the property after the severance of TDR Credits as set forth in Sections 2.2.2V2.4.B.; and d. a statement identifying the price, or value of other remuneration, paid to the owner of the RFMU Sending Lands from which the TDR Credits were generated, unless such owner retains ownership of the TDR Credits after they are severed, unless the RFMU or non-RFMU Receiving 1 .ands on which the TDR Credits will be utilized and the RFMU Sending Lands from which the TDR Credits were generated are owned by the same persons or entities or affiliated persons or entities. 2. No application for a site development plan, subdivision plat, PUD, or DRI, where such development will utilize TDR Credits from RFMU Sending Lands, shall be approved until the developer submits the following: a documentation that the developer has acquired or has a contract to acquire all TDR Credits needed for the development; and b. a TDR transaction fee sufficient to defray the expenses of the County in administering the Central TDR Registry. 3. The approval of any development that will utilize TDR Credits from RFMU Sending Lands shall be conditional if, at the time of such approval, the developer has not yet acquired full ownership and control of all TDR Credits needed for the development and/or the TDR Credit Certificates for all TDR Credits needed for the development have not yet been recorded. The developer shall have 120 days after the date of such conditional approval to provide documentation of the acquisition of full ownership and control of all TDR Credits needed for the development and to record the TDR Credit Certificates for all such TDR Credits. If such documentation is not provided within 120 days, the approval ~hall be null and void. If such documentation is provided within said 120 days, the approval shall become final. 2.6.40. Density Blending, 2.6.40.1 Purpose: In order to encourage unified plans of development and to preserve wetlands, wildlife habitat, and other natural features that exist within properties that straddle the Future Land Use Urban Mixed Use and Rural Fringe Mixed Use Districts that were in existence and either owned or under contract for purchase by the applicant as of June 19, 2002, or the Urban and Rural Designation as provided for in the Immokalee Area Master Plan, the allowable gross density in a~re~ate (and intensity in the case of those lands identified as eligible in the Immokalee Area Master Plan) may be distributed throughout the project, regardless of whether or not the density or intensity allowable for a portion of the project exceeds that which is otherwise permitted by the Future Land Use Element or Immokalee Area Master Plan as the case may be, subject to the conditions and limitations set forth in 2.6.40.2. 2.6.40.2. Conditions and Limitations: Page 98 of 168 Words o,,,,~..n ..... ~- ~ deleted, words underlined are added A. Properties Straddling RFMU Receiving or Neutral l,ands: Density blending between.. properties straddling either the Urban Residential Subdistrict or Urban Residential Fringe Subdistrict and either Neutral or Receiving Lands within the RFMU District is pemfitted, subject to all of the following conditions and limitations: 1. The project straddles either the Urban Residential Sub-District or Urban Residential Fringe Sub-District and either the RFMU District Neutral or Receiving Lands. 2. The project in aeere~ate is at least 80 acres in size. 3. At least 25% of the proiect is located within the Urban Mixed Use District. 4. The entire project is located within the Collier County Sewer and Water District Boundaries and will utilize central water and sewer to serve the project unless interh'n provisions for sewer and water are authorized by Collier County. 5. The project is currently zoned or will be rezoned to a PUD. 6. Density to be shifted to the RFMU District from the Urban Residential Sub-District is to be located on impacted lands, or the development on the site is to be located so as to preserve and protect the highest quality native vegetation and/or habitat on-site and to maximize the connectivity of such native vegetation and/or habitat with adjacen[ preservation and/or habitat areas. 7. The entire project shall meet the applicable preservation standards of the RFMU District as set forth in Section 3.9.4.3.A. These preservation requirements shall b,~ calculated based upon, and apply to, the total project area, B. Properties Straddling RFMU Sending Lands: Density blending between properties straddling the Urban Residential Fringe Subdistrict and Sending Lands in the RFMU District is permitted subject to all of the following conditions and limitations: 1. The project straddles the Urban Residential Fringe Sub-District and the RFMU District Sending Lands. 2. The project in aggregate is at least 400 acres. 3. At least 25% of the proiect is located within the Urban Residential Fringe Sub- District. 4. The project must extend central water and sewer (from the urban designated portion of the project) to serve the entire project, unless alternative interim sewer and wate~ provisions are authorized by Collier County; and. 5. The Project is currently zoned or will be zoned PUD. 6. The density to be shifted to the RFMU District Sending Lands shall be located on impacted or disturbed lands, or shall be located so as to preserve and protect the highest quality native vegetation and/or habitat with adjacent preservation and/or habitat areas. 7. Native vegetation shall be preserved as follows: a. As identified in Section 3.9.4 in those portions of the Project to be located in the Urban Residential Fringe Subdistrict. b. In those portions of the Project to be located in the RFMU District Sending Lands, the native vegetation preservation requirement shall be 90% of the natiw vegetation, not to exceed 60% of the area of the Project designated as RFMU District Sending Lands. c. Where wetland areas are impacted through the development process, but. resulting wetlands functions, including functions relating to habitat and flowways, arc enhanced, such wetland areas shall be credited toward satisfaction of the native vegetation preservation requirements and shall not be considered impacted. These wetland areas may be used for water storage provided that the water discharged h~ these areas is pre-treated. 8. Permitted uses for density blending under this provision include residential development and associated amenities, including golf courses meeting the criteria for golf courses within the Neutral area. This provision is not intended to eliminate any uses permitted within the applicable underlying zoning district(s). Page 99 of 168 Words etr-'-:!'~ t?x,~ugk are deleted, words underlined are added C. Properties Straddling the Immokalee Urban Area and the RLSA District: Density and Intensity Blending between properties straddling the Immokalee Urban Area and the RLSA District shall be penffitted, subject to all of the following conditions and limitations: 1. The project in aggregate must be a minimum of 200 acres in size. 2. The lands from which density and/or blending are shifted must be within the Immokalee Urban Area must be designated Recreational/Tourist District. 3. The lands within the Immokalee Urban Area from which density and/or intensity are. shifted must have a FLUCCS Code designation of Group 1 or Group 2 and an Index Value of greater than 1.2, both as indicated on the Natural Resource Index. 4. Density and/or intensity may only be shifted from the lands within the Immokalee Urban Area containing the Index Value (as measured above), on an acre per acre basis, to lands wilhin an SRA having an Index Value of 1.2 or less. 5. Lands from which the density and/or intensity has been shifted, shall be placed in a conservation easement in perpetuity. SUBSECTION 3.F. 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 2.7.3.5. Changes and amendments. 2.7.3.5.3. Educational and Ancillary Plants exception. When a PUD is amended for the sole purpose of adding an educational and/or ancillary plant, that PUD will not be subject to the review process outlined in Section 2.7.3.5. The review conducted will bc limited to the impacts that the educational or ancillary plant will have on thc surrounding uses, 2.7.4.9. Conditional uses for school or religious purposes. A use which has been approved as ....... ~.x final subdivision part of a preliminary subdivision plat (c .... ~3 .... u~;,,;o:^~ v .... j or plat or a planned unit development for schools, religious or eleemosynary uses shall be exempt from the provisions of this section. Such uses must comply with the provisions of division 3.3, site development plan approval, as applicable, and all other zoning requirements. SUBSECTION 3.G. 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: Page 100 of 168 Words s~',:ck ~ugk are deleted, words underlined are added DIVISION 3.2. SUBDIVISIONS Sec. 3.2.3 Applicability. This division shall apply to all division of land and all subdivisions in the total unincorporated area of Collier County, except to the extent as expressly provided in section 3.2.4. AI_._~I divisions of land which meet the defimt~on of subd~ws~on shall require the filing of a subdivision plat in accordance with the requirements within Division 3.2 and Chapter 177 of the Florida Statutes: 3.2.6.2. Procedures for preliminary subdivision plat. 3.2.6.2.1. Optional. The preliminary subdivision plat process is not mandatory, but an option tha.t. may be exercised by the applicant upon the effective date of this ordinance. All preliminary subdivision plats that were approved prior to the effective date of this ordinance are not optional and must proceed in accordance with the procedures outlined for a preliminary_ subdivision plat. Also, nothing in this section will be construed to affect the mandatory nature of a final subdivision plat. 3.2.~.2.!. 3.2.6.2.2.. Initiation. In order to initiate an application for a preliminary subdivision plat, the applicant shall prepare and submit to the development services director a preliminary subdivision plat which meets the requirements contained in section 3.2.7. 3.2.5.2.2. 3.2.6.2.3.. Review and determination of approval, approval with conditions, or denial by development services director. After receipt of a completed preliminary subdivision plat, the development services director shall review and evaluate the preliminary subdivision plat in conformance with the preliminary subdivision plat requirements established in section 3.2.7. Based on the review and evaluation, the development services director shall approve, approve with conditions, or deny the preliminary subdivision plat. The decision to approve with conditions, or deny the preliminary subdivision plat may be appealed to the board of county commissioners pursuant to the provisions of section 1.6.6. of this Code. If the development services director should deny or place conditions on the preliminary subdivision plat, he shall state in writing reasons for such denial or conditions, and shall cite the applicable code or regulatory basis for the conditions or denial. Said determination may be appealed to the county board of commissioners. 3.2.6.2.4. Reserved. 3.2.6.3.5. Relationship and amendments to preliminary subdivision plat. The improvement plans and final subdivision plat shall be consistent with the preliminary subdivision plat, if the applicant chose to submit a preliminary subdivision plat.. Any amendment to the approved preliminary subdivision plat desired by the applicant shall be reviewed and determined to be acceptable by the development services director prior to the processing of the improvement plans and final subdivision plat. The development services director shall have the authority to approve amendments to the approved preliminary subdivision plat provided those amendments are based on generally accepted, sound, professional engineering principles and practices in the state. Requests for amendments shall be in writing in the form of an amended preliminary subdivision plat and shall provide clear and convincing documentation and citations to professional engineering studies, reports or other generally accepted professional engineering services in the state to substantiate the amendment requested. Sec. 3.2.7. Preliminary subdivision plat. The preliminary subdivision plat process is optional. The optional nature of this process will in no way affect the submission requirements enumerated below. In other words, if an applicant chooses this option, the applicant must follow all of the submission requirements. The mandatory nature o£ thc final subdivision plat process is likewise not affected by the optional nature of the preliminar~ subdivision plat submission process. Page 101 of 168 Words gwack L~eugh are deleted, words underlined are added 3.2.7.1. Preliminary subdivision plat submission requirements. A preliminary subdivision plat application shall be submitted for the entire property to be subdivided in the form established by the development services director and shall, at a minimum, include ten copies of the preliminary subdivision plat unless otherwise specified by the development services director. The preliminary subdivision plat shall be prepared by the applicant's engineer and surveyor. Land planners, landscape architects, architects, and other technical and professional persons may assist in the preparation of the preliminary subdivision plat. The preliminary subdivision plat shall be coordinated with the major utility suppliers and public facility providers applicable to the development. Provisions shall be made for placement of all utilities underground, where possible. Exceptions for overhead installations may be considered upon submission of sound justification documenting the need for such installation. The preliminary subdivision plat shall include or provide, at a minimum, the following information and materials: 3.2.8.2.3. A detailed water management plan in accordance with the master water management plan approved in the preliminary subdivision plat, if the applicant chose to submit a preliminary subdivision ~lat~ showing the complete water management system including, but not limited to, closed drainage areas, design high water, recurring high water, acreage, a complete lot grading plan with final grading elevations, surface runoff flow patterns, and companion drainage easements consistent with the final subdivision plat pursuant to section 3.2.9 to be utilized by the applicant, his successors or assigns during the building permitting and site improvement process for all lots consistent with the Collier County building Code, and the compatibility of drainage of surface waters into adjacent or larger water management systems. If the applicant chooses not to submit a preliminary subdivision plat, the information requested must still be included on the final subdivi~ The complete calculations used to design the system shall be provided for projects 40 acres or less. For projects greater than 40 acres or where the water management system will utilize wetlands for water management, the applicant shall initially provide with the submission the SFWMD construction permit submittal. Prior to approval the applicant shall provide the staff report and early work permit or construction permit. 3.2.8.2.14. The final subdivision plat, prepared in conformance with the approved preliminary subdivision plat, if the applicant chose to submit a preliminary subdivision plat, and the final subdivision plat requirements contained in section 3.2.9, pursuant to the provisions of section 3.2.6.3.2. 3.2.8.3.8. Easements. If applicable, easements shall be provided along lot lines or along the alignment of the improvements requiring easements in accordance with all design requirements so as to provide for proper access to, and construction and maintenance of, the improvements. All such easements shall be properly identified on the preliminary subdivision plat, if the applicant chooses to submit the optional preliminary subdivision plat, and dedicated on the final subdivision plat. If the preliminary subdivision plat is not submitted~ then the easements need to be identified and dedicated on the final subdivision plat. 3.2.8.3.19. Street names, markers and traffic control devices. Street name markers and traffic control devices shall be provided by the developer at intersections and locations designated by the de:,e!zpment sevAce: ~irezter Transportation Admimstrator or his designe~ for all affected streets, whether the streets are existing or proposed. Such markers and traffic control devices shall be installed and constructed by the applicant to the applicant's engineer's specifications approved by the development services director for private streets or in conformance with standards and recommendations set forth in the latest edition of the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices for public streets. The de-.,e!apment zev,'ice~ directer Transportation Administrator or his designee shall accept alternative specifications on public streets signage where an acceptable maintenance agreement has been provided. Alternate specifications for private street signage where a property owners' association or other entity has maintenance responsibility shall be approved by the dc:'el,vpment stew!ecs directer Transportation Administrator or his designee. Proposed streets which are in alignment with other existing and named streets shall bear the same name of the existing street. All street names shall have a suffix (i.e., street, avenue, boulevard, drive, place, court, etc.) and in no case, except as indicated in the preceding sentence, shall the name of the proposed street duplicate or be phonetically similar to [an] existing street name regardless of the use of the suffix. Page 102 of 168 Words sm:c~x t?ze,,:gh are deleted, words underlined are added All street names shall be subject to approval by the deve!eTment :e~,';.cez dL-ectz: CDES Operations Director or his designee during the preliminary subdivision plat approval process or on the final subdivision plat or the final plat and construction plans if the applicant chooses not to submit the optional preliminary subdivision plat. Pavement painting and striping and/or appropriate reflective edge of public roadway markings shall be provided by the developer as required by the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Where concrete valley gutters border the edge of pavement and for private roadways, this requirement may be waived by the ........ Transportation Administrator or his designee. 3.2.8.3.25. Central ~¢¢water systern, cen~a!. A complete water distribution and transmission system to include provision for separate potable water and rouge non-potable irrigation, water lines, and interim water treatment or Lnterim v:ater ."'.ea,.~n'..ent and supply facilities, if required, aha!! must be provided or employed by the applicant, at no cost to Collier County for all subdivisions and developments. Non-potable irrigation lines must be color-coded according to the Collier County ~1 +1~ ' Ordinance and Technical Standards. Reuze water !inez, pumpz, an~ c,..er All ~ntemal non-potable irrigation lines, pumps and appurtenances will not be maintained by Collier County. County potable water will not be permitted for irrigation unless other sources of supplemental irrigation water are not permitted or available: Ttherefore, the developer will need to provide irrigation water from a source until .... u ,;~ th ......... w~y be .... ;l~ao County provided non-potable irrigation water becomes available. All facilities shall be constructed in accordance with federal, state and local regulations. When required, the water distribution and transmission facilities shall be conveyed to Collier County, or the Collier County Water-Sewer District or other dependant district where appropriate, upon completion of construction pursuant to County Ordinance No. 88- 76 [Code ch. 134, art. III], as amended. 3.2.8.4.7. Easements. Protected/preserve area and easements. A nonexclusive easement or tract in favor of Collier County, without any maintenance obligation, shall be provided for all "protected/preserve" areas required to be designated on the preliminary and final subdivision plats or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat.. Any buildable lot or parcel subject to or abutting a protected/preserve area required to be designated on the preliminary and final subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat. shall have a minimum 25-foot setback from the boundary of such protected/preserve area in which no principle structure may be constructed. Further, the preliminary and final subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit the optional preliminar~ subdivision plat, shall require that no alteration, including accessory structures, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within such setback area without the prior written consent of the development services director; provided, in no event shall these activities be permitted in such setback area within ten feet of the protected/preserve area boundary:, unless t?.e ~.m.'e setSa~k: are regarding preserve setbacks and buffers are located in Division 3.9, and shall be applicable for all preserves, regardless if they are platted or simply identified by recorded conservation easement. The boundaries of all required easements shall be dimensioned on the final subdivision plat. Required protected/preserve areas shall be identified as separate tracts or easements having access to them from a platted right-of-way. No individual residential or commercial lot or parcel lines may project into them when platted as a tract. If the protected/preserve area is determined to be jurisdictional in nature, verification must be provided which documents the approval of the boundary limits from the appropriate local, state or federal agencies having jurisdiction and when applicable pursuant to the requirements and provisions of the growth management plan. All required easements or tracts for protected/preserve areas shall be dedicated and also establish the permitted uses for said easement(s) and/or tracts on the final subdivision plat to Collier County without the responsibility for maintenance and/or to a property owners' association or similar entity with maintenance responsibilities. An applicant who wishes to set aside, dedicate or grant additional protected preserve areas not otherwise required to be designated on the preliminary subdivision plat and final subdivision plats, or Page 103 of 168 Words struck t.hzcugh are deleted, words underlined are added only on the £mal subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat., may do so by grant or dedication without being bound by thc provisions of this section. Improvement plans. The improvement plans for required improvements which will be constructed within an existing easement must illustrate the existing easement and existing facilities, and the proposed easement and the proposed facilities. Copies of the improvement plans shall be provided by the applicant to the holder of the easement(s) simultaneously with its submission to the county. The review and approval of improvement plans does not authorize the construction of required improvements which are inconsistent with existing easement(s) of record. 3.2.9.1.2. The final subdivision plat shall conform to the approved preliminary subdivision plat_j_if the applicant chose to submit a preliminary subdivision plat, pursuant to section 3.2.6.3.55. The final subdivision plat. mad shall constitute only that portion of the approved preliminary subdivision plat, if apt>licable~ which the applicant proposes to construct within a finite period not to exceed 18 months. The improvements required by this division which apply to the final subdivision plat shall be completed within 18 months from the date of approval of the final plat unless prior to the 18- month construction period, a written request for an extension in time not exceeding one year is applied for and approved by the development services administrator or his designee. The applicant shall enter into a construction and maintenance agreement with the county, in a form acceptable to the county attorney, which establishes the terms and conditions for the construction and maintenance of the improvements required during the 18-month construction period (unless a written extension request is approved by the development services director prior to the expiration of the 18-month construction period), whether the final plat is approved only or approved and recorded with the posting of a subdivision performance security. This agreement shall be submitted with the final plat for review and approval and executed by all parties at the time of final plat approval per section 3.2.9.1.3. SUBSECTION 3.H. 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. 3.3.4. Exemptions. Due to its location or minimal impact on surrounding properties and probable minimal impacts under the site development plan review standard contained in section 3.3.5., standard application requirements as described in section 3.3.6., may be waived in part or in full by the planning services director for agriculturally related development as identified in the permitted and accessory uses section of the rural agricultural zoning district; however, a site improvement plan as required by section 3.3.7. addressing the application requirements deemed necessary by the planning services director shall be submitted to the planning department for review and approval. (Ord. No. 99-6, § 3.H.) 3.3.4.1. School Board Review ("SBR") application contents. The SBR application submittal will be in accordance with Division 3.3 of the Code, but will be accorded an expedited process as outlined in the Manual for County Consistency and Site Plan Reviews of Educational Facilities and Ancillary Plants, as may be amended by agreement between the Board of County Comnfissioners and the Collier County School Board. This document is available in the Records Room of thc Community Development and Environmental Services Building. Page 104 of 168 Words struck t?zm:'gh are deleted, words underlined are added The expedited site plan for School Board Review~ as referenced in Section 3.3.4.1.of the Land Development Code, will consist of the following areas of review: 3.3.4.1.1. Collier County Utilities Standards and Procedures, Ordinance No. 01-57, as may be amended. In accordance with this OrdJnance~ the following requirements must be met~ 1. That portion of the water and/or wastewater system that lies in the public rights-of- way or in County utility easements ("CUE") shall be conveyed to the Collier County Water/Sewer District prior to the iss~mnce of the certificate of occupancy. 2. All water and wastewater systems shall be built in accordance with the Collier County Utility Technical Standards Manual in effect at the time a SBR Letter of Co~x-~pliance is requested. 3. Division 3.16 of the code designed to protect local government water supply wellfields from land uses that may pollute shall apply. 4. Off-site ii~?rovements shall be in accordance with the current update of the Water and Wastewater Master Plan and must include any agreement necessary to assign thu responsibility for the cost ofupsizing said water and/or wastewater facilities. 5. The School District shall be responsible for all materials and/or real property required for the water and/or wastewater system. Any expansions and/or renovations to existing school facilities shall require a review by the Collier County Engineering Service~ Department to determine the need for a change in meter sizin.~ and additional grease traps. 6. South Florida Water Management District (SFWMD) permits shall be submitted prior to the issuance of an SBR approval. 3.3.4.1.2. Compatibilit~ Review. The County will conduct a Compatibility Review that will take into account the Architectural and Site Design Standards contained within Division 2.8 of the LDC in effect at the time a SBR Letter of Compliance is requested and that pertain to issues of compatibility with surrounding uses~ complementary patterns of development and mitigation of negative impacts~ limited to compatibility issues~ external sidewalks and pathway connections~ lighting, dumpster location and screening and orientation of buildings and. ancillary facilities. In addition~ The Utility Billing and Customer Service ("UBCS"I Depa~iment shall ascertain that there is ample space for the trash dumpster(s) or com~actor(s~ and for the trash collection franchisee to maneuver trucks in and out of the space allowed fo~ the dumpster(s) or compactor(s). With the exception of high school facilities~ this Compatibility Review will be a courtesy review. For high school facilities~ this will be a formal review process and is subject to the appeal process set forth in Section 3.4.4.2. of the code in the event that the County denies the application based on non-compliance with the items listed in this paragraph. 3.3.4.1.3. Landscaping and Buffering. Division 2.4 of the code in effect at the time a SBR Letter of Compliance is requested shall apply. The County planning Staff will recommend an amendment to the code allowing administrative deviations from the landscaping and buffering standards for essential services such as Educational and Ancillary Plants. Specifically~ th~ County will recommend flexibility in the regulations for projects where there will be joint usc by the County Depatinxent of Parks and Recreation and the School District. In the event tha! the BCC approves the recommended amendment~ ~dministrative deviations may be ~ranted provided the School District can demonstrate that the intent of this Division can be effectively accomplished without meeting the specific development standards. The reasons for deviations are set forth in Section 2.4.3.1.1. of the code~ but the deviation shall be in the format required by Section 2.8.2.5. of the code. 3.3.4.1.4. Environmental regulations for compliance with the Collier County GMP Conservation and Coastal Management Element in effect at the time a SBR Letter of Compliance is requested shall apply as follows: 1. On a site by site basis~ County Staff will determine the necessity for an Environmental Impact Statement ("EIS") to be submitted. 2. The final SFWMD Environmental Resource Permit and all other agency permits for wetlands must be submitted prior to a determination that the SBR application is sufficient for review. 3. Submission of Protected Species Surveys an& if needed, wildlife management plans in accordance with the code and the GMP in effect at the time of the issuance of the SBR Letter of Compliance along with United States Fish and Wildlife Service ("USFWS") anq the Florida Fish and Wildlife Conservation Commission ("FI~'WCC'') agency permits. Page 105 of 168 Words gtv.~:zk ~ ..... ~ ~ deleted, words underlined are added 4. A site clearing plan must be submitted that shows the native vegetation areas to be preserved and identifies the upland/wetlands preserve or protected species preserves. 5. The GMP requires schools to provide a set percentage for native vegetation preservation in the Rural Fringe and the Rural Lands. The School Board must comply with the set percentages of native vegetation preservation. 6. An Exotic Vegetation Removal and Maintenance Plan must be submitted and approved prior to final SBR approval. All exotic vegetation shall be removed from the site of an Educational and Ancillary Plant prior to the issuance of a Certificate of Occupancy. 7. All environmental documentation must be submitted prior to a sufficiency determination on a SBR application. Failure to submit the required documentation will result in a detemfination of insufficiency and the formal review process will not commence until such documentation is received and the application is deemed sufficient for review. 3.3.4.1.5. All State Fire Code regulations as they relate to the site plan and in effect at the time that a SBR Letter of Compliance is requested shall apply. The School District shall submit all building information necessary to determine site requirements including~ but not limited to, fac flow requirements and fire sprinkler requirements. 3.3.4.1.6. Collier County Stormwater Management Policies as follows: 1. A Drainage Plan, signed and sealed by a Florida Professional Engineer must be submitted along with design calculations in order to determine the proposed development'~ effect on County maintained drainage facilities. 2. SFWMD permits must be submitted prior to a determination that the SBR application is sufficient for review.. 3. Easements for drainage improvements and access to them must be submitted prior to SBR approval. When necessary, the School Board will supply additional drainag~ easement area when necessitated by increased capacity to accommodate the proposed development. 4. If any dedications of easements for drainage, maintenance, and/or access are required, all necessary documentation to record the easement(s) shall be provided to the County prior to approval of the SBR. Prior to the County's issuance of the Certificate of Occupancy, such easements shall be approved by the BCC and officially recorded. 3.3.4.1.7. Public Educational Plants and Ancillary Plants are deemed to be essential public services and as such are subiect to a Capital Improvement Element ("CIE") review for a public facility adequacy analysis. 3.3.4.1.8. Minimum yard setback requirements shall be 50 feet from all property lines for principal structures and 25 feet from all propert~ lines for any accessory structures including portable classrooms. 3.3.4.1.9. Off-Site Impacts. In accordance with Section 6 of the Interlocal Agreement for Public School Facility Planning, the School District and the County will iointly determine th,~ need for, and timing of, on-site and off-site infrastructure improvements in coniunction with thc determination of the consistency of the site location with the GMP and the code, and will ente~ into a written agreement at the preapplication stage, as to the timing and location, and the entity or entities responsible for the cost, construction, operation and maintenance of the required improvements. In reaching a determination regarding responsibility for improvements, thc. parties will be guided as follows: 1. The School District shall be responsible for off-site improvements that are determined to be necessary to mitigate the off-site impacts of the Educational Plant or Ancillary Plant. The improvements shall be constructed by the School Board at the School District'~ expense, unless the School District requests otherwise in writing and the County detcmdnes and agrees otherwise in writing. The School District shall not be required to pay more than its proportionate share of the cost of the off-site improvements necessitated by the Educational Plant or Ancillary Plant. Off-site improvements include, but are not necessarily limited to, the widening of adiacent roadways and the infrastructure relevant to same when necessitated to accommodate buses (if needed); construction of required deceleration turn lane(s) at ingress(es) and egress(es) points and at any intersections withhx the inunediate vicinity of the school site which are adversely impacted as a direct result of the same; and any other improvements determined to be necessary by Collier County Transportation Services Division and the Public Utilities Division. Page 106 of 168 Words s~.'-¢k *.~zc'.:'gh are deleted, words underlined are added 2. Turn Lanes. The School District will be responsible for mm lane improvements adjacent to and/or in the vicinity of a site, including the cost and construction of same. Necessary turn lane improvement(s) determined by Collier County Transportation Sta£! shall be in place prior to issuance of the first permanent certificate of occupancy. Whe,~ said turn lane improvement(s), whether left turn lane(s) or right turn lane(s), mc determined to be necessary, right-of-way and/or compensating right-of-way shall be provided in conjunction with said improvement(s), as determined by Collier Count~ Transportation Staff. All turn lane design criteria used shall be in accordance with thc minimum standards as adopted by the Florida Department of Transportation ("FDOT") Design Standards as required by Chapter 316, Florida Statutes, as may be amended. Th,, turn lane queue length determinations shall be in accordance with the criteria/calculations of Chapter 17 within the Highway Capacity Manual. In conducting the aforementioned criteria/calculations the length of school buses must be considered to adequately address the turn lane queue length determinations. 3. Sidewalks. As part of the SBR process, the School Board and the County will develol~ a sidewalk plan which delineates the sidewalks that are necessary in and around the ~roiect to establish the most direct connection to an existing network of sidewalks. The School Board shall collect funds through school impact fees to provide for the development of these sidewalks as delineated in the sidewalk plan. The School Board shall provide funds from these impact fees to the County. The County_ will be responsible for the timing, cost~ construction, and maintenance of such sidewalks. 4. The School District shall be responsible for the costs of any and all traffic signal(s) constructed due to and/or as a result of the impacts from an Educational Plant or Ancillary Plant, when it is determined to be warranted and approved by Collier County Transportation Staff. When warranted, upon the completion of the installation, inspection, burn-in period, and fmal approval/acceptance of the traffic signal(s), the traffic signal(s) will be turned over to the County, and will then be operated and maintained by the County. Transportation and Operations Department. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring property owner(s), that directly benefit from the installation of the traffic signal(s) will be determined based upon percentage of usage and impact. 5. All traffic control devices and design criteria used shall be in accordance with the minimum standards and any amendments thereto as adopted by the FDOT, as required by Chapter 316, Florida Statutes. 6. All traffic speed limit postings shall be in accordance with the minimum standards and any amendments thereto as adopted by the FDOT, and the Speed Zoning Manual as adopted by the FDOT and as required by Chapter 316, Florida Statutes. 7. The design of all transportation related improvements shall comply with the minimum standards and any amendments thereto as adopted by the FDOT, and as required by Chapter 316, Florida Statutes. 8. Any off-site improvements to be constructed by the School District, even though not. required by the County, shall be subiect to review by the Collier County Transportation Staffprior to construction to assure compliance with County regulations.. 9. In the event the School District proposes to expand an existing school site, Collier County Transportation Staff shall make its recommendations as to improvements required to mitigate the off-site transportation impacts, but only as they related to such expansion. 3.3.4.2. School Board Review ("SBR") process. The SBR for School Board projects shall be reviewed under the following expedited process: A. The SBR application will be reviewed only as to the criteria set forth in Section 3.3.4.1. B. The SBR application submittal must be in accordance with Division 3.3. of the code~ but only as to those submittal requirements which are consistent with the review criteria set out in Section 3.3.4.1. C. The parties will develop a checklist that defmes the items to be submitted for a SBR review application. D. Prior to conmiencing construction or site preparation, the School District shall request a pre-application meeting with the County. The County will schedule a pre-applicatioa meeting with the School District within three (3) weeks of a request being submitted to thc County, Page 107 of 168 Words stn::k t~xcugh are deleted, words underlined are added 1. The County will review the development proposal for compliance with the Letter of Consistency. 2. The parties will discuss and enter into a written agreement as to the timin~ and location and the entity or entities responsible for the cost, construction, operation and maintenance of the required off-site improvements. Any requirement that the BCt; approve this written agreement at a public hearing is not a prerequisite to the School Board's ability to proceed with any County review that may be required by the code o~' the interlocal agreement. E. At least 120 days before cmmnencing construction or site preparation, the School Board shall submit the SBR plan for the proposed Educational Plant or Ancillary Plant to the County for SBR approval. 1. The County will have 14 days to determine whether the submittal is complete and. sufficient. If the application package is not sufficient for review, the County will request additional information from the School District. 2. Once the application package is sufficient, the County shall have 90 days to comPlete the review and issue a Letter of Compliance. The 90 days may be extende4 upon agreement of the County and the School District. Once an affirmative decisio,~ has been rendered, the School District may obtain building permits and conunence construction.. 3. Failure by the County to issue a Letter of Compliance within 90 days after determining the application package is sufficient for review shall be considered an approval. However, if within the 90 days the County denies the application based on non-compliance with the relevant standards of the code, the SBR shall be considered denied and the School District is authorized to pursue an a~peal. F. Letter of Compliance. After the expedited review and the County's determination of compliance with the terms of the Code and the interlocal agreement, the Planning Services Director, or his designee, shall issue a Letter of Compliance, which shall evidence thq County's approval of the SBR. In the event that there is disagreement as to the School. District's compliance with any site plan requirement set forth in this section, the Planning Services Director shall, at the request of the School District Superintendent's designee, Provide the County's determination and the basis of it in writing to the Superintendent's designee. Absent further successful negotiation on the issues, the School District shall be authorized to appeal the decision of the Planning Services Director as described in thc_- Appeals process below. G The parties agree that the School District shall not request reviews and that County review is not requested or required for the following: 1. The placement of temporary or portable classroom facilities; or 2. Proposed renovation or construction on existing school sites, with the exception of construction that: a. changes the primary use of a facility; b. includes astadium' c. results in a greater than five percent increase in K-12 student capacity; or d. encroaches upon the established setbacks as set forth in this Agreement. H. Should the School Board place temporary or portable classrooms on a site, the School Board will supply additional data to the Fire Code Office for review pursuant to Rule 4A- 58, Florida Administrative Code. In addition, the School Board will supply the Public Utilities Division with additional data on temporary and portable classroom facilities relative to concurrency issues related to water and sewer capacity and to the proper sizing of water meters and grease traps. No other reviews will be required for temporary o~_ portable classroom facilities. I. SBR and Consistency Review Fees. The County will develop a review fee for the processing of the SBR and Consistency Review applications submitted by the School Board. The School Board will pay standard County review fees for all other related project review services. Page 108 of 168 Words stn:ck *~ ..... ~, ~ deleted, words underlined are added J. Appeals. In the event that the County denies the application based on non-compliance with relevant standards of the code and the interlocal, or in the event that thc Superintendent's designee and the Planning Services Director disagree regarding thc interpretation of the code provisions, the School District may request an appeal to th,. BCC. However, appeals regarding issues pertaining to the Fire Code will be made to thc Board of Appeals and Adiustments under the established procedures for this Board. 1. The request for appeal shall be filed in writing with the Planning Services Director and must state the basis for the appeal accompanied by any pertinent information, exhibits and other backup information in support of the appeal. 2. The BCC shall hold an advertised public hearing on the appeal and must consider the decision of the planning Services Director, the position of the School District and public testimony. If the BCC upholds the decision of the Planning Services Director~ the School District will then be authorized to pursue any legally available action o~ remedy to resolve this matter. If the BCC supports the position of the School District~ the BCC will direct the Planning Services Director, or his designee, to issue a Letter of Compliance that is consistent with the £mdings and conclusions made by the BCC at the appeal hearing. 3.3.4.3. Consistency Review. The following process will be followed with respect to future Educational Plant and Ancillary Plant sites, prior to acquisition, for both the determination of consistency with the Collier County GMP locational criteria and whether the Plant is a permitted use, conditional use, or prohibited use in the zoning district on the site. Consistency with all othe~ Elements of the GMP will be reviewed during the aforementioned SBR process. A. The Consistency Review will be conducted as follows: 1. Prior to the purchase of a site for an Educational or Ancillary Plant, the school district will request a pre-application meeting with the County. 2. The County will schedule a pre-application meeting with the School District within three (3) weeks of a request being submitted to the County. 3. The County will review the proposed site for consistency with the FLUE, GGAMP, lAMP, as well as the LDC and fundamental planning and design ~rincil~le.s_ including compatibility with surrounding uses, complimentary pattern of development, landscaping and buffering concerns, stormwater management, configuration of thc traffic circulation systems, consideration of natural resources and mitigation of on-site and off-site negative impacts. The County will provide a consistency de~miination based only on the locational criteria of the FLUE and whether the Plant is a ~ermitted use, conditional use or prohibited use in the zoning district on the site. Consistency with all other Elements of the GMP will be determined during the SBR Review process. The following additional information will be submitted to determine maio~ issues that may affect site feasibility:. a. Land Use. A general location map showing surrounding development with the property outlined, a recent aerial of the site showing boundaries~ source and date and a map and summary table of existing land uses and zoning within a radius of 300 feet from the boundaries of the subjec.t. property. b. Future Land Use Designation. A map of the subiect property designating each use, such as elementary, middle, or high school and whether such us~ includes a stadium, with acreage tables for each land use designation. c. Environmental. A recent aerial and summary table of native habitats and soils occuning on the site; a table of Federal and State listed plant and animal species known to occur on the site and/or known to inhabit biological communities similar to the site. d. Growth Management. Identification of any Area of Critical State Concern and Development of Regional Impact. e. Timing and Impact of Development. Indication of whether the proposed site is intended for inclusion in the School Board's capital plan proiection and if so, identification of the year. f. Public Facilities and Transportation. The School Board will indicate the proposed existing Level of Service Standards (LOS) and the School Board's provider and method of treatment for potable water and sanitary sewer services, Arterial and Collector roads, drainage and solid waste facilities. Where applicable, service availability letters will also be provided. The Page 109 of 168 Words ~,:'c~x t?~'-'-gh are deleted, words underlined are added School Board will provide a map detailing the location of existing services and public utilities that will served the proposed site. g. The School Board will identify any flood zone, wellfield, traffi.c. congestion boundary, coastal management boundary and high noise contoms which relate to the proposed site, 4. Within 45 days of the submission of the information outlined in Section 3.3.4.3. A 3. of this Code, the County will provide written comments and recmmnendations to the School District along with a determination of the site's consistency with the GMI' locational criteria and LDC zoning districts. Necessary on-site and off-site improvements will be identified for these sites and the parties responsible for these. improvements to the extent this can be determined during this locational Consistency Review. 5. Letter of Consistency. After the County review, the Planning Services Director, or his designee, shall issue a Letter of Consistency for the GMP locational criteria and_ whether the Plant is a permitted use, conditional use or prohibited use in the zoning district on the site, which shall evidence the County's determination of consistency as required by Section 1013.33{ 11) Florida Statutes:. 6. After the County has determined that the site is consistent with the GMP locational criteria and LDC zoning districts, the School District shall have up to one year to acquire the site. Once the site is acquired, the site shall be deemed to remain co.sistent regardless of later changes to either the GMP or LDC. 7. After the School District acquires the site and provides the necessary documentation for the County to initiate an amendment to the GMP, the County and School District will enter into a written agreement as part of the pre-application process detailed in section 3.3.4.2. D.2. of the code, as to the timing and location, and the entity or entities responsible for construction, operation and maintenance of the required improvements: 3.3.7.1.2. Site development plan. A site development plan and a coversheet prepared on a maximum size sheet measuring 24 inches by 36 inches drawn to scale. B. The following information shall be set forth on the site development plan and/or on a separate data sheet used exclusively for that purpose: 1. A narrative statement on the plan identifying the provisions of ownership and maintenance of all common areas, open space, private streets and easements. 2. A site summary in chart form which shall include the following information, with development and dimensional standards based on the provisions of the land development code and where applicable the PUD ordinance: a. Total site acreage. g. Maximum zoned building height allowed and actual prcpczed building height as defined in Division 6.3. SUBSECTION 3.I. AMENDMENTS TO DIVISION 3.5., EXCAVATION DIVISION 3.5., Excavation, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: Page 110 of 168 Words ~m:'ck ~zcugh are deleted, words underlined_ are added DIVISION 3.5. EXCAVATION 3.5.5.1.3. Development excavation. Development excavations are considered to be any excavation located within the boundaries of a planned unit development, or subdivision development, having approved construction plans (to include SDPs), or an industrial or commercial project, or where the disturbed area of an excavation exceeds two acres, but no fill is removed from the subject property for whatever purpose provided that: 1. The excavations were clearly defined and detailed as to location, size, shape, depth and side slopes during the development's review process and, if applicable, approved by the board after appropriate public hearings. 2. If approved by the board during the rezone and/er pre!!m&..na~' s..~bd!-As;.en plat prccess, excavated material in an amount up to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated may be removed from the development. Intentions to remove material must be clearly stated during the development's review and approval process. 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 serving as a wet detention pond as part of a stormwater management system 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 such a .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- Reae~.'ed 30 percent. This requirement may b~ reduced subiect to the incentives identified in Section 3.9.5.B.2.; b. All other areas -7 percent. 3.5.11.4. Exemptions. Lake excavations 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. Exempted lake excavations that ar~ modified to allow the lake to function as a wet detention pond as part of a stormwater management system shall no longer be exempted from this section and shall meet thc standards contained herein at the time of modification. SUBSECTION 3.J. AMENDMENTS TO DIVISION 3.8., ENVIRONMENTAL IMPACT STATEMENTS (EIS) DIVISION 3.8., Environmental Impact Statements (EIS), of Ordinance 91- 102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: Page 111 of 168 Words r~ are deleted, words underlined are added DIVISION 3.8., ENVIRONMENTAL IMPACT STATEMENTS (ELS) Sec. 3.8.2. Purpose. 3.8.2.1. The purpose of this division is to provide a method to objectively evaluate the impact of a proposed development, site alteration, or project upon the resources and environmental quality of the project area and the community and to insure that planning and zoning decisions are made with a complete understanding of the impact of such decisions upon the environment, to encourage projects and developments that will: hA.Protect, conserve and enhance, but not degrade, the environmental quality and resources of the--particular project or development site, the general area and the greater community. ~.B.Minimize the future reduction in property values likely to result, or be caused by imp--roperly designed and executed projects and developments. ~.C. Reduce the necessity for expenditure of public funds in the future for rehabilitating the env--ironmental quality of areas of environmental sensitivity. 3.8.3. Applicability; environmental impact statement (EIS) required. Without first obtaining approval of an ElS, or exemption pursuant to section 3.8.98_, as required by this Code it shall be unlawful and no building permit, conditional use, zoning change, subdivision or condominium plat or unplatted subdivision approval or other county pen'nit or approval of or for development or site alteration shall be issued to cause the development of or site alteration off 3.8.3.1. Any site with a ST or ACSC-ST overlay. 3.8.3.2. All sites seaward of the coastal management boundary that are 2.5 or more acres. 3.8.3.3. All sites landward of the coastal management boundary that are ten or more acres. 3.8.3.4. Any other development or site alteration which in the opinion of the development services director, would have substantial impact upon environmental quality and which is not specifically exempted in this Code. In determining whether such a project would have substantial environmental impact the development services director shall base his decision on the terms and conditions described in this Code and on the project's consistency with the growth management plan. 3.8.4. Submission and review ofEIS. A completed ElS, signed by the prcpe:,y c-:..~er cr his d~ in written and digital formal, shall be submitted to development services director for approval, denial or approval with modifications. No development or site alteration will be started without this approval and permits required by law. Failure to provide full and complete information shall be grounds for denial of the application. The author(s) of the ElS shall provide evidence, by academic credentials or experience, of his/her expertise in the area of environmental sciences or natural resource management. Academic credentials shall be a bachelor's or higher degree in one of the biological sciences. Experience shall reflect at least three years, two years of which shall be in the State of Florida, of ecological or biological professional experience if substituting for academic credentials. Sec. 3.8.5. Information required for application. 3.8.5.2. 1. Descripticn cfprcpcced use. 2. Legal d:::ripticn cf site; Page 112 of 168 Words stm:k +h ..... h ~r~ deleted, words underlined are added 1. General location r~quir~d to go on .... , ...... ~-~ ~..; ~ ~ ~p~ .... ~ m~anspc~atio= Florida 409 fcct is acc~ptab!& !nf~;n'~ticr, obtained by ~c~nd ~ath~g su~,'%'s shall haw precedence OVCr 4. Existing !and use cf site and su~o~d:~g area. 5. c~;,. ~-p ..... , ..... ~ ........ ;mm ...... ~ c~. F!0r:da Depa~...t ~fT ..... ~.t .... 7. Dcvc!cpmcnt plan including phasing prcgra~ ~cr,'ic~ area of cxicting and proposed ............................ ~ .... prcpcszd 3.g.5/.. !.~,.Fact catcgcries. Air qua!iG'. a. Cbmnges kn level of b. N'am&er of people Water qu~!iO'. a. Changes in !c;'els and V;~es of'seater pc!luticn as defined by current rcgu!aticns. resu!ting ........... r-~ .... c ....................... pc!!ut:cn resulV, ng c.~ +~ project. d. O.cj~, ~;g .... J .o*; ...... h;~h --;11 .~ ..... ~ ...... impacts cf waist pc!!uticn. pht,,;i~graFhY a,~d b. Azfia! ...... cf propos¢fi topc~aphic --~;~"+;~" ,u .... gU excavation, a.~.; .... filling. Extent cf impcm'icus surface and percent of groand;:'ater recharge area to be covered. propose Page 113 of 168 Words s~ack tk2ough are deleted, words underlined are added UF!=nd ;;ti!iza:ion =nd zFccicz or,Foci.':! ;tat'zz. composition (canopy, midstoW, and ground cover), vegetation ab,-~danc¢ (dominant, cmmncn and occasional) and their upland 5~ncfions. Ccd:, chapter 1~ ~ brc,ding ~ea: and n~z¢~' areas ..~ ,~. ~rr~,. ofprcpcc¢d ore, acts on a ............. changes ................................ generate D ....;~.~ ~_;.,;.g ....... a ......................................... of ~¢a~cnt and degree of c. Describe +~ -~ .... + Y,~tcr SUFp!y. Page 114 of 168 Words smack t~=o'agh are deleted, words underlined are added thc pro, eot c. Any p!ang for rccyc!~ng cr resource recover, ................ afc::, spacos, ~ Ac-~g~ ~--.,,1 C~;1;,;~ A .... ,..1 rczult!ng from the ns;;, us~, prcj:ct~ .. one ......................... +~.. ....... ., r ...... d .kJztcnc archaeelc,-:~-~ ......... a..+ ~. .... ~. ...... ~ ..... 4 .. +~.~ p.cj~^t b. Locate any knc;;.~. ."Jatcri: cr archaco!cgica! -; ..... a ,~;. --,.,;---k;p..^ ~% proposed project dczign, ~ c. Demc=~ate ha',',' ~e project deaign preze:-,'ea *"~ '-; .... ;-/--~k.=~%;.., int:gr!ty of *~e site. - ............................... ~ .... project dca and a. D=cribe the d=ign ~nd ~rcced"~= cf any ~rcpczod ma-;*~-;-- a.,.; .... a .~..;,.. preparation and d:v:!cpm:nt ' 3.!.6. 1.4. t ;.+ imf-a; .... ~- ...... a !cngtc.."m; .... +*-- ................................... r-~L to .... en;'irom..ent. Page 115 of 168 Words sW.:ck tk~cugh are deleted, words underlined are added 3.8.5.1. Applicant information_ A. Responsible person who wrote the EIS and his/her education and job related environmental experience. - B. Owner(s)/agent(s) name, address, phone number & e-mail address. 3.8.5.2. Mapping and support graphics. A. General location map. B. Native habitats and their boundaries identified on an aerial hoto rah of the site exte~di~_ at least 200 feet outside the arcel bounda . This does not mean the a licant is re tared to o on to ad'oinin ro erties. Habitat identification consistent with the Florida De artment of Trans ortation Florida Land Use Cover and Forms Classification S stem FLUCFCS shall be de icted on an aerial hoto rah havin a scale of one inch e ual to at least 200 feet when available from the County. Other scale aerials may be used when: ~erla s are le ible at the scale rovided. Ale end for each of the FLUCFCS cate ories found on-site shall be included ,on the aerial. C. Topographic map, and existing drainage patterns if applicable. Where possible, elevations within each of FLUCFCS categories shall be provided. D. Soils map at scale consistent with that used for the Florida Department Trans ortation Florida Land Use Cover and Forms Classification S stem determinations. E. Pro osed draina e lan indicatin basic flow atterns outfall and off-site draina e. F. Develo ment lan includin hasin ro ra service area ofexistin and ro osed public facilities, and existing and proposed transportation network in the impact area. G. Site lan showin reserves on-site and how the ali n with reserves on ad'oinin and neighboring properties. Include on the plan locations of proposed and existing develo ment roads and areas for stormwater retention as shown on a roved master lans for these sites as well as ublic owned conservation lands conservation ac uisition areas ma'or flowways and potential wildlife corridors. H. For ro erties in the RLSA or RFMU Disticts a site lan showin the location of the site and land use desi nations and overla s as identified in the Growth Mana ement Plan. _3.8.5.3. Project description and GMP consistency determination. Provide an overall descn tlon of the ro ect with res ect to environmental and water _manaeement issues. B. Ex lain how the ro'ect is consistent with each of the Ob'ectives and Policies in the .Conservation and Coastal Management Element of the Growth Mana~,ement Plan, where avvlicable. '~ 3.8.5.4. Native vegetation preservation. A. Identif the acrea e and communi e of all u land and wetland habitats found on the ro'ect site accordin to the Florida Land Use Cover and Forms Classification S stem FLUCFCS. Provide a descri tion of each of the FLUCFCS cate ories identified on-site b ye etation e s ecies ve etation corn osition cano midsto and ound cover and vegetation dominance (dominant, common and occasional). B. Explain how the project meets or exceeds the native vegetation preservation, re uirement in Goal 6 of the Conservation and Coastal Mana ement Element of the Growth Mana ement Plan and Division 3.9 of the Land Develo ment Code. Provide an exhibit illustratin such. Include calculations idenfif in the acrea e for reservation and ' act er FLUCFCS category. For sites alread cleared and In a lcultural use rovide documentation that the parcel(s) are in compliance with the 25 year rezone limitation in Policy 6.1.5 of th~, Conservation and Coastal Mana ement Element of the Growth Mana ement Plan and Division 3.9 of the Land Develo ment Code. For sites cleared rior to Janua 2003 rovide Page 116 of 168 Words e~ac!: *&.rv'agh are deleted, words underlined are added documentation that the parcel(s) are in compliance with the 10 year rezone limitatio, previously identified in the Growth Management Plan and Land Development Code. D. Have preserves or acreage requirements for preservation previously been identified fo, 7tite durin revio_u.s develo ment order a royals? If so identif the location and acrea e nese reserves and rovide an ex lanation if the are different from what is ro osed. E. For ro erties with S ecial Treatment "ST" overla s show the ST overla on the develo ment lan and rovided an ex lanation as to wh these areas are bein im acted or preserved. 3.8.5.5. Wetlands. A. Define the number of acres of Collier Coun 'urisdictional wetlands ursuant to Polic 6.2.1 and 6.2.2 of the Conservation and Coastal Mana ement Element of the Growth Mana ement Plan accordin to the Florida Land Use Cover and Forms Classification S stem FLUCFCS. Include a descri tion of each of the FLUCFCS cate ories identified on-site b ve etat~on e s ec~es ve etat~on co os~t~on cano midsto and ound cover and yegetation dominance (dominant, common and occasional). Wetland determinations an, re uired to be verified b the South Florida Water Mana ement District or Florida De artment of Environmental Protection, prior to submission to the Coun _ty. B. Determine seasonal and historic high water levels utilizing lichen lines or othe, .biological indicators. Indicate how the project design improves/affects predevelopment h dro eriods. Provide a narrative addressin the antici ated control elevation s for the site. C. Indicate the proposed percent of defined wetlands to be impacted and the effects of proposed impacts on the functions of these wetlands. Provide an exhibit showing the location of wetlands to be im acted and those to be reserved on-site. Describe how im acts to wetlands have been minim/zed. D. Indicate how the project design compensates for wetland impacts pursuant to th~, Policies and Ob'ectives in Goal 6 of the Conservation and Coastal Mana ement Element of the Growth Mana ement Plan. For sites in the RFMU District rovide an assessment based on the South Florida Water Mana ement District's Uniform Mitigation Assessment Method that has been accepted by either the South Florida Water Management District or the Flor/d:, Department of Environmental Protection. For sites outside the RFMU District, and when, ~it~ratio~[~s~e~eeth~' retained on-site rovide 'ustification based on the Uniform 3.8.5.6. Surface and Ground Water Management. A. Provide an overall description of the proposed water management system explaining .how it works, the basis of design, historical drainage flows, off-site flows coming in to th{, .system and how they will be incorporated in the system or passed around the system, positive; outfall availability, Wet Season Water Table and Dry Season Water Table, and how they were, determined, and any other pertinent information pertaining to the control of storm and ground water. B. Provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering th~, proposed land uses and stormwater management controls) compared with water qualiB~ loadings of the project area as it exists in its pre-development conditions. This analysis i:; required for projects impacting five (5) or more acres of wetlands. The analysis shall by performed using methodologies approved by Federal and State water quality agencies. C. Identify any Wellfield Risk Management Special Treatment Overlay Zones (WRM- .ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM-STs. Describe the measures that an: proposed to mitigate for impact to state and federally listed species. 3.8.5.7. Listed Species. A. Provide a lant and animal s ecies surve to include at a minim listed s ecies known to inhabit biolo ical communities similar to those existin on-site and conducted in accordance with the uidelines of the Florida Fish and Wildlife Conservation Commission and the .... U.S. F~sh and Wddhfe Service. State actual surve times and dates and rovide a ma showing the location(s) of species of special status identified on-site. Ident~ all hsted s ecles that are known to inhabit biolo ical communities similar to those existing on the site or that have been directly observed on the site. Page 117 of 168 Words ..... z -:rm:gh are deleted, words underlined are added C. Indicate how the project design minimizes impacts to species of special status. Describe the measures proposed to mitigate for impacts to state and federally listed species. D. Provide habitat management plans for each of the listed species known to occur on the property For sites with bald eagle nests and/or nest protection zones, bald eagle management plans are required, copies of which shall be included as exhibits attached to the PUD documents, where applicable. E. Where applicable, include correspondence received from the Florida Fish and Wildlifi, Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS), with regards to the project. Explain how the concerns of these agencies have been met. 3.8.5.8. Other. A. For multi-slip docking facilities with ten slips or more, and for all marina facilities~ show how the proiect is consistent with the Marina Siting and other criteria in the Manate,. Protection Plan. B. Include the results of any environmental assessments and/or audits of the property. If applicable, provide a narrative of the cost and measures needed to clean up the site. C. For sites located in the Big Cypress Area of Critical State Concern-Special Treatment {ACSC-ST) overlay district, show how the project is consistent with the development standard,: and regulations established for the ACSC-ST. D. Soil sampling or ground water monitoring reports and programs shall be required fo, sites that occupy old farm fields, old golf courses or are suspected of previously having contamination on site. The amount of sampling and testing shall be determined by th~, Environmental Services staff along with the Pollution Control Depaximent and the Floridn Department of Environmental Protection. E. Provide documentation from the Florida Master Site File, Florida Department of Stat,: and any printed historic archaeological surveys that have been conducted on the project area. Locate any known historic or archaeological sites and their relationships to the proposed project design. Demonstrate how the project design preserves the historic/archaeological integrity of the site. 3.8.6 Additional data. The Development Services Director may require additional data o, information necessary in order to make a thorough and complete evaluation of the EI.R and proiect. 3.8.g: _7 Relation between EIS and development of regional impact (DRI). In any instance where the proposed project requires both an EIS and a DRI, their data may be embodied in one report provided such report includes all the required information on both the EIS and DRI. 3.8.9,. 8~ Exemptions. 3.8.9. L 3.8.8.1. Single-family or duplex uses. Single-family or duplex use on a single lot or parcel. Exemption shall not apply to any parcel with a ST or ACSC-ST overlay, unless otherwise exempted by section 2.2.24.8 of this Code. 3.8.9.1.1, 3.8.8.2. Agricultural uses. Ezna fide aA_gricultural uses ,a, ...... g~;~.a,,,~ c!ea~ng ................................... an accordance :ye,.. :cc.:eh .......... rem, that fall wathm the scope of sections 163.3214(4) or 823.14(6), Florida Statutes, provided that the subject property will not be converted to a nonagricultural use or considered for any type ofrezoning petition for a period of tq~n twenW~five years after the agricultural uses commence and provided that the subject property does not fall within an ACSC or ST zoning overlay. ~.8.9.2.3.8.8.3 Non-sensitive Areas. Any area or parcel of land which is not, in the opinion of the development services director, an area of environmental sensitivity, subiect to the criteria set forth below rovided that the sub'ect roe does not fall within an ACSC or ST zonin overla: ...d .... t. a report, , ............................................................ ~: prcpc;ed p'ej .....' ......... k ^c+k~ c~u .... ;"g criteria.' 3.~.9.2.1, A._~. The subject property has already been altered through past usage, prior to the adoption of this Code, in such a manner that the proposed use will not further degrade the Page 118 of 168 Words sW.:ck t.hmugh are deleted, words underlined are added environmental quality of the site or the surrounding areas which might be affected by the proposed use. 3.8.9.2.2, B_:. The major flora and fauna features have been altered or removed to such an extent as to preclude their reasonable regeneration or useful ecological purpose. An example would be in the case of an industrial park or a commercial development where most of the flora and fauna were removed prior to the passage of this Code. $4hg-.g-.~. C._:. The surface and/or natural drainage or recharge capacity of the project site has been paved or channeled, or otherwise altered or improved prior to the adoption of this Code, and will not be further degraded as a result of the proposed use or development. 3.$.9.2. ~I. D._~. The use and/or development of the subject property will definitely improve and correct ecological deficiencies which resulted from use and/or development which took place prior to the passage of this Code. An example would be where the developer proposes to reforest the area, provide additional open space, replace natural drainage for channeled drainage, and/or reduce density. 3.~.9.2.5~ E_._:. The use or development will utilize existing buildings and structttres and will not require any major alteration or modification of the existing land forms, drainage, or flora and fauna elements of the property. 3.2.9.3, 3.8.8.4. All lands lying within all incorporated municipalities in Collier County. 3.8.8.5 All NBMO Receiving Lands. 3.8.-14X. 9~ Fees. In order to implement, maintain and enforce this Code, the cost upon submission of the environmental impact statement shall be as established by resolution. Until this fee has been paid in full no action of any type shall be taken. 3.8.-14-~. 10.__~. Appeals. A__~. Any person aggrieved by the decision of the development services director regarding any section of this Code may file a written request for appeal, not later than ten days after said decision, with the environmental advisory board or their successor organization. B._:. The environmental advisory board will notify the aggrieved person and the development services director of the date, time and place that such appeal shall be heard; such notification will be given 21 days prior to the hearing unless all parties waive this requirement. C._~. The appeal will be heard by the environmental advisory board within 60 days of the submission of the appeal. D__:. Ten days prior to the hearing the aggrieved person shall submit to the environmental advisory board and to the development services director copies of the data and information he intends to use in his appeal. E_~. Upon conclusion of the hearing the environmental advisory board will submit to the board of county commissioners their facts, findings and recommendations. F__:. The board of county commissioners, in regular session, will make the final decision to affirm, overrule or modify the decision of the development services director in light of the recommendations of the environmental advisory board. SUBSECTION 3.K. AMENDMENTS TO DIVISION 3.9., VEGETATION REMOVAL, PROTECTION AND PRESERVATION D1VISION 3.9., Vegetation Removal, Protection and Preservation, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: Page 119 of 168 Words s~-'-:!c t?zcugh are deleted, words underlined are added DIVISION 3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION 3.9.1. Title and citation. This division shall be known and may be cited as the "Collier County Vegetation Removal, Protection and Preservation Regulations." 3.9.2. Purpose. The purpose of this division is the protection of vegetation within Collier County by regulating its removal; to assist in the control of flooding, soil erosion, dust, heat, air pollution and noise and to maintain property, aesthetic and health values within Collier County; to limit the use of irrigation water in open space areas by promoting the preservation of existing plant communities. To limit the removal of existing viable vegetation in advance of the approval of land development plans; to limit the removal of existing viable vegetation when no landscape plan has been prepared for the site. It is not the intent of this division to restrict the mowing of nonprotected vegetation in order to meet the requirements of other sections of this Code. 3.9.3. Applicability. It shall be unlawful for any individual, firm, association, joint venture, parmership, estate, trust, syndicate, fiduciary, corporation, group or unit of federal, state, county or municipal government to remove, or otherwise destroy, vegetation, which includes placing of additional fill, without first obtaining a vegetation removal or vegetation removal and fill permit from the development services director except as hereinafter exempted. 3.9.3.1. Exemptions and Exceptions. A. Develo ment in NBMO Receivin Lands are exe t from the rovisions of this Division. B__:. Seminole and Miccosukee Tribe Exception. Except tkatiln accordance with F.S. § 581.187, vegetation removal permits shall not be required for members of either the Seminole Tribe of Florida or the Miccosukee Tribe of Florida Indians, subject to the following conditions. Said permit exemption shall be for the sole purpose of harvesting select vegetation, including but not limited to palm fronds and cypress, for use in chickee hut construction, or for cultural or religious purposes, and tribal member identification and written permission from the property owner must be in possession at the time of vegetation removal. This exemption shall not apply to general land clearing, or to agricultural land clearing, including silviculture. C. A ricultural Exem tion. A ricultural o erations that fall within the sco e of sections 163.3162 4 and 823.14 6 Florida Statutes are exem t from the rovisions of 3.9.3 throu h 3.9.9 rovided that an new clearin of land for a riculture outside of the RLSA District shall not be converted to non-a ricultural develo ment for 25 ears unless the a licable rovisions set forth in Sections 3.9.4. throu h 3.9.6. are adhered to at the time of the conversion. The ercen.ta e of native ve etation reserved shall be calculated on the amount of ye etation occurnn at the time of the a ricultural clearin and if found to be deficient a native lant communi shall be restored to re-create a native lant communi in all three strata round covers shrubs and trees utilizin lar er lant materials so as to more uickl re-create the lost mature vegetation. D. Pre-existing Uses. Exemptions from the requirements of Section 3.9.5 through 3.9.9 shall not apply to, affect or limit the continuation of uses within the RFMUD which existed existing prior to Jtme 19, 2002. 1.. Such existin uses shall include: those uses for which all re uired ermits were issued nor to June 19 2002. or ro'ects for which a Conditional use or Rezone etition has been ~e etitions for which a corn leted a lication has been submitted and which have been determined to be vested from the re uirements of the Final Order rior to June 19 2002. The continuation of existin uses shall include ex ansions of those uses if such ex ansions are consistent with or clearly ancillary to the existing uses. 2. Such reviousl a roved develo ments shall be deemed to be consistent with the GMP Goals Policies and Ob'ectives for the RFMU District and the ma be built out in accordance with their reviousl a roved lans. Chan es to these revious a royals shall also be deemed to be consistent with the GMP Goals Ob'ectives and Policies for the .RFMU District as lon as the do not result in an increase in develo ment densi or intensity. E. Exem t Man rove Alteration Pro'ects. Man rove alteration ro'ects that are exem ted fi'om Florida De artment of Environmental Protection ermit re uirements b Florida Administrative Code 17-321.060 are exem t from reservation standards for the man rove trees unless the are a art of a reserve. This exemtion shall not a 1 to Page 120 of 168 Words s~azk t?_~augh are deleted, words underlined are added man rove alterations or removal in an reserve or in an area where the man roves have been retained in satisfaction of Section 3.9.4. The Collier Coun Environmental Adviso Council EAC ma rant a variance to the rovisions of this section if eom liance with the man rove tree reservation standards of this Division would im ose a uni ue and unnecessa hardshi on the owner or an other erson in control of affected roe . Man rove trimmin or removal for a view shall not be considered a hardshi . Relief shall be ranted onl u on demonstration b the landowner or affected a that such hardshi is eculiar to the affected roe and not self-i osed and that the rant of a variance will be consistent with the intent 9f this division and the growth management plan. requirements. !L't'.Jted to.' ........ ~ ........ (Except :n ..... 4 .... w/th Other applicable agency reviews cr pz~2ts ar Other :curtD, ap~rcvals~ 3.9.4.2. !. A generalized -,%~*-*;^- prcpe, zcd :ire i:::ixcvements, ~1. Pra~::,,y dimensians, Page 121 of 168 Words ~ are deleted, words underlined are added ,Name, ~ .... , and pkcne .r...,~...~.~ agent ~ ~;~ repr=entativ~. 4. Legal descfipt'.'on~ ............................... p!am ................................. appl:cant pr:or to ~tc development plan, con:~acfic-~ plan er ct~e: ~--~ a~prova!:, ~ ,,%~*~- .... ~*~*~- pe~2t (-% .... ~ removal pe~at) ~;), b~ ........................ a: ............ development :e='~cc: director~ 3.9.4. Veeetation Preservation Standards. All development not specifically exempted by ordinance shall inco orate at a minim the reservation standards contained within this section. 3.9.4.1. General Standards and Criteria. A. The reservation of native ve etation shall include cano under-sto and round cover em hasizin the lar est conti uous area ossible exce t as otherwise rovided in Section 3.9.7.1.E. B. Areas that fulfill the native vegetation retention standards and criteria of this Section shall be set aside as preserve areas, subiect to the requirements of Section 3.9.7. Single family residences are exempt from the requirements of Section 3.9.7. C. Preserve areas shall be selected in such manner as to preserve the following, i,, descending order of priority, except to the extent that preservation is made mandatory h, Sections 3.9.5.3.A and 3.9.6.3.C: .1. Onsite wetlands having an assessed functionality of 0.65 or greater5 2. Areas known to be utilized b listed s ecies or that serve as corridors for the movement of wildlife~ .3. Any upland habitat that serves as a buffer to a wetland area~ 4. Listed plant and animal species habitats~ 5. Xeric Scrub 6. Dune and Strand, Hardwood Hammocks, 7. Dry Prairie, Pine Flatwoods, and 8. All other upland habitats. 9. Existing native vegetation located contiguous to a natural reservation. D. Preservation areas shall be interconnected within the site and to ad'oinin off-site preservation areas or wildlife corridors. Page 122 of 168 Words s~:ck tkxo'.-'gh are deleted, words underlined are added To the reatest extent OSslble native ve etat~on in uantlties and es set forth in ..Division 2.4, shall be incorporated into landscape designs in order to promote the preservatio, of native plant communities and to encourage water conservation. 3.9.4.2. ' · · S ecffic Standards A hcable Outside the RFMU and RLSA Districts. Outside the RFMU and RLSA Districts, native vegetation shall be preserved on-site through the application of the following preservation and vegetation retention standards and criteria, unless the developmeni occurs within the ACSC where the ACSC standards referenced in the Future Land Use Elemem shall apply. This Section shall not apply to single-family dwelling units situated on individual lots 9r parcels. A. Required Preservation ~ Coastal Hi h Hazard Area Non-Coastal Hi h Hazard Area Less than 2.5 acres 10% Less than 5 acres 10o/,, Residential and Mixed Use Equal to or greater Equal to or greater than 5 acres Development than 2.5 acres 25% _and less than 20 acres. 15% Equal to o_r ~acres 25% Solf Course 35% 35% Commercial and Industrial Development and all other Less than 5 acres. 10% Less than 5 acres. non-specified development .... 10% types ~ Eaual to or than 5 acres. 15% greater than 5 acres. 15% Industrial Development (Rural-Industrial _50%, not to exceed 25% of the project 50%, not to exceed 25% of the proiect District only) site. site. B. Exceptions. An exception from the vegetation retention standards above shall be granted in the following circumstances: 1. where the parcel was legally cleared of native vegetation prior to January 1989; 2. where the arcel cannot reasonabl accommodate both the a lication of the native ve etation retention standards and the ro osed uses allowed under this Code sub'ect to the criteria set forth in Section 3.9.7.1 .E. _3.9.4.3. Specific Standards for the RFMU District. For Lands within the RFMU District, natiw, vegetation shall be preserved through the application of the following preservation and vegetatio, retention standards and criteria, in addition to the generally applicable standards and criteria sel forth in Section 3.9.4.1 above: site RFMU Receiving Lands outside the NBMO. A minimum of 40% of the native ve etation resent not to exceed 25% of the total area shall be preserved. a. Off-site reservation shall be allowed at a ratio of 1:1 if such off-site preservation is located within RFMU Sending Lands. b. Off-site reservation be allowed at a ratio of 1.5:1 if such off-site l~reservation is located outside of Sending Lands. c. Like for like reservation shall be re uired for Tro ical Hardwood and Oak .Hammock vegetative communities. 2. Where schools and other ublic facilities are co-located on a site the native ve etation retention re uirement shall be 30% of the na the site. tive ve etation resent not to exceed 25% of B. Neutral Lands. Page 123 of 168 Words c~ are deleted, words ..underlined are added 1. In Neutral Lands, a minimum of 60% of the native vegetation present, not to exceed 45% of the total site area shall be preserved. 2. Exceptions. a. In those Neutral Lands located in Section 24, Township 49 South, Range 26 East, in the NBMO, native vegetation shall be preserved as set forth in Section 2.2.31.5.B. b. Where schools and other public facilities are co-located on a site, the native vegetation retention requirement shall be 30% of the native vegetation present, not to exceed 25% of the site. C. RFMU Sending Lands. 1. In RFMU Sending Lands that are not within a NRPA, 80% of the native vegetation present on site shall be preserved, or as otherwise permitted under the Densi _ty Blending provisions of Section 2.6.40. Off-site preservation shall be allowed in satisfaction of up to 25% of the site preservation or vegetative retention requirement, at a ratio of 3:1, if such off-site preservation is located within or contiguous to Sending Lands. 2. In RFMU Sending Lands that are within a NRPA, 90% of the native vegetation present shall be preserved or such other amount as may be permitted under the Density Blending provisions of Section2.6.40. Off-site preservation shall not be credited toward satisfaction of any of the vegetative retention requirement applicable in such NRPAs. D. General Exceptions. 1. Non-conforming, Pre-existing Parcels. In order to ensure reasonable use and to protect the private property rights of owners of smaller parcels of land within the RFMU District, including nonconforming lots of record which existed on or before June 22, 1999, for lots, parcels or fractional units of land or water equal to or less than five (5) acres in size, native vegetation clearing shall be allowed, at 20% or 25,000 square feet of the lot or parcel or fractional unit, whichever is greater, exclusive of any clearing necessary to provide for a 15-foot wide access drive up to 660 feet in length. For lots and parcels greater than 5 acres but less than 10 acres, up to 20% of the parcel may be cleared. This allowance shall not be considered a maximum clearing allowance where other provisions of this Plan allow for greater clearing amounts. These clearing limitations shall not prohibit the clearing of brush or under-story vegetation within 200 feet of structures in order to minimize wildfire fuel sources. 2. Specific County-owned Land. On County-owned land located in Section 25, Township 26 E, Range 49 S (+/-360 acres), the native vegetation retention and site preservation requirements may be reduced to 50% if the permitted uses are restricted to the portions of the property that are contiguous to the existing land fill operations; exotic removal will be required on the entire +/- 360 acres. 3. Discretionary_ Exception for Essential Public Services. The community development and environmental services administrator, or his/her designee, may grant written exemptions to the above preservation requirements on agriculturally zoned property for essential public services (as defined in section 2.6.9), where it can be demonstrated that the preservation requirements and the Essential Public Services cannot both be reasonably accommodated on the site and it is in the best interest of the general public to allow a reduction in all or part from the requirements for preservation of existing native vegetation. 3.9.4.4 Specific Standards for RLSA District. For lands within the FLSA District, native vegetation shall be preserved pursuant to the RLSA District Regulations set forth in Section 2.2.27 of this Code. 3.9.4.5 Density Bonus Incentives shall be granted to encourage preservation. A. Outside Rural Villages. In RFMU Receiving Lands not designated as a Rural Village, a density bonus of 0.1 dwelling unit per acre shall be granted for each acre of native vegetation preserved on-site that exceeds the requirements set forth in Section 3.9.4.3, once a density of 1 unit per acre is achieved through the use of TDR Credits. B. Inside Rural Villages. In RFMU Receiving Lands designated as a Rural Village, a density bonus of 0.3 dwelling units per acre shall be granted for each acre of native vegetation preserved on-site that exceeds the requirements set forth in Section 3.9.4.3, once a density of 2 units per acre is achieved through the use of TDR and Bonus Credits. 3.9.5. Wetland Preservation and Conservation Page 124 of 168 Words am:ok t?~rcug~ are deleted, words underlined are added 3.9.5.1 Purpose. The following standards are intended to protect and conserve Collier Coun_ty's valuable wetlands and their natural functions, including marine wetlands. These standards apply to all of Collier County, except for lands within the RLSA District. RLSA District lands are regulated in Section 2.2.27. Wetlands shall be protected as follows, with total site preservation not to exceed those amounts of vegetation retention set forth in Section 3.9.4.3, unless otherwise required. 3.9.5.2. Urban Lands. In the case of wetlands located within the Urban designated areas of the County, the County will rely on the jurisdictional determinations made by the applicable state or federal agency in accordance with the following provisions: A. Where permits issued by such jurisdictional agencies allow for impacts to wetlands within this designated area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. B. The County shall require the appropriate jurisdictional permit prior to the issuance of a final local development order permitting site improvements, except in the case of any single- family residence that is not part of an approved development or platted subdivision. C. Within the Immokalee Urban Designated Area, there exists high quality wetland system connected to the Lake Trafford/Camp Keais system. These wetlands require greater protection measures and therefore the wetland protection standards set forth in 3.9.4.3. below shall apply in this area. 3.9.5.3. RFMU District. Direct impacts of development within wetlands shall be limited by directing such impacts away from high quality wetlands. This shall be accomplished by adherence to the vegetation retention requirements of Section 3.9.4.3 above and the following: A. Standards. 1. In order to assess the values and functions of wetlands at the time of project review. applicants shall rate the functionality of wetlands using the Unified Wetland Mitigation Assessment Method set forth in F.A.C. 62-345. For projects that have already been issued an Environmental Resource Permit by the state, the County will accept wetlands functionality assessments that are based upon the South Florida Water Management District's Wetland Rapid Assessment Procedures (WRAP), as described in Technical Publication Reg 001 (September 1997, as update August 1999). The applicant shall submit to County staff these respective assessments and the scores accepted by either the South Florida Water Management District or Florida Department of Environmental Protection. 2. Wetlands documented as being utilized by listed species or serving as corridors for the movement of wildlife shall be preserved on site, regardless of whether the preservation of these wetlands exceeds the acreage required in Section 3.9.4.2. 3. Existing wetland flowways through the project shall be maintained, regardless of whether the preservation of these flowways exceeds the acreage required in Section 3.9.4.3. 4. Drawdowns or diversion of the ground water table shall not adversely change the hydroperiod of preserved wetlands on or offsite. Detention and control elevations shall be set to protect surrounding wetlands and be consistent with surrounding land and project control elevations and water tables. In order to meet these requirements, proiects shall be designed in accordance with Sections 4.2.2.4, 6.11 and 6.12 of SFWMD's Basis of Review, January 2001. 5. Single family residences shall follow the requirements contained within Section 3.9.5.4.B. 6. Preserved wetlands shall be buffered from other land uses as follows: a. A minimum 50-foot vegetated upland buffer adjacent to a natural water body. b. For other wetlands a minimum 25-foot vegetated upland buffer adjacent to the wetland. c. A structural buffer may be used in conjunction with a vegetative buffer that would reduce the vegetative buffer width by 50%. A structural buffer shall be required adjacent to wetlands where direct impacts are allowed. A structural buffer may consist of a stem-wall, berm, or vegetative hedge with suitable fencing. d. The buffer shall be measured landward from the approved jurisdictional line. Page 125 of 168 Words s~,:c!: t?cm:gh are deleted, words underlined are added e. The buffer zone shall consist of preserved native vegetation. Where native vegetation does not exist, native vegetation compatible with the existing soils and expected hydrologic conditions shall be planted. f. The buffer shall be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. g. The following land uses are considered to be compatible with wetland functions and are allowed within the buffer: (1) Passive recreational areas, boardwalks and recreational shelters; (2) Pervious nature trails; (3) Water management structures; (4) Mitigation areas; (5) Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses. B. Mitigation. Mitigation shall be required for direct impacts to wetlands in order to result in no net loss of wetland functions, in adherence with the following requirements and conditions: 1. Mitigation Requirements: a. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or adjacent to the impacted wetland. b. Prior to issuance of any final development order that authorizes site alteration, the applicant shall demonstrate compliance with a and b above. If agency permits have not provided mitigation consistent with this Section, Collier County will require mitigation exceeding that of the jurisdictional agencies. c. Mitigation requirements for single-family lots shall be determined by the State and Federal agencies during their permitting process, pursuant to the requirements of Section 3.9.5.4. 2. Mitigation Incentives: A density bonus of 10% of the maximum allowable residential density, a 20% reduction in the required open space acreage, a 10% reduction in the required native vegetation, or a 50% reduction in required littoral zone requirements may be granted for projects that do any of the following: a. Increase wetland habitat through recreation or restoration of wetland functions, of the same type found on-site, on an amount of off-site acres within the Rural Fringe Mixed Use District Sending Lands, equal to, or greater than 50% of the on-site native vegetation preservation acreage required, or 20% of the overall project size, whichever is greater; or, b. Create, enhance or restore wading bird habitat to be located near wood stork, and/or other wading bird colonies, in an amount that is equal to, or greater than 50% of the on-site native vegetation preservation acreage required, or 20% of the overall project size, whichever is greater; or c. Create, enhance or restore habitat for other listed species, in a location and amount mutually agreeable to the applicant and Collier County after consultation with the applicable jurisdictional agencies. 3. EIS Provisions. When mitigation is proposed, the EIS shall demonstrate that there is no net loss in wetland functions as prescribed above. 4. Exotic Vegetation Removal. Exotic vegetation removal shall not constitute mitigation. 3.9.5.4. Estates, Rural-Settlement Areas, and ACSC. In the case of lands located within Estates Designated Area, the Rural Settlement Area, and the ACSC, the Coun _ty shall rely on the wetland jurisdictional determinations and permit requirements issued by the applicable jurisdictional agency, in accordance with the following: Page 126 of 168 Words s~-'-ck t.t'cm:gh are deleted, words underlined are added A. For single-family residences within Southern Golden Gate Estates or within the Big Cypress Area of Critical State Concern, the County shall require the appropriate federal and state wetland-related permits before Collier County issues a building permit. B. Outside of Southern Golden Gate Estates and the Area of Critical State Concern, Collier County shall inform applicants for individual single-family building permits that federal and state wetland permits may be required prior to construction. The County shall also notify the applicable federal and state agencies of single family building permits applications in these areas. 3.9.5.5. RLSA District. Within the RLSA District, wetlands shall be preserved pursuant to Section 2.2.27 3.9.5.6 Submerged Marine Habitats. The County shall protect and conserve submerged marine habitats as provided in Section 2.6.21.2.7. 3.9.6 Natural Reservation Protection and Conservation. 3.9.6.1 Purpose and Applicability. A. The purpose of this Section is to protect natural reservations from the impact of surrounding development. For the purpose of this section, natural reservations shall include only NRPAs and designated Conservation Lands on the Future Land Use Map. B. For the purposes of this Section, development shall include all projects single-family dwelling units situated on individual lots or parcels. 3.9.6.2. Review Process. All requests for development contiguous to natural reservations shall be reviewed as part of the County's development review process. 3.9.6.3. RFMU District Requirements. The following criteria shall apply within the RFMU District only. A. Open Space. Open space shall be required to provide a buffer between the project and the natural reservation. 1. Open space allowed between the project's non-open space uses and the boundary_ of the natural reservation may include natural preserves, natural or man-made lakes, golf courses, recreational areas, required yard set-back areas, and other natural or man-made open space requirements. 2. The following open space uses are considered acceptable uses contiguous to the natural reservation boundary: a. preservation areas; b. golf course roughs maintained in a natural state; c. stormwater management areas; d. pervious nature trails and hiking trails limited to use by nonmotorized vehicles. B. Open Spaces as Buffers. 1. The uses in paragraph A.2 above are encouraged to be located as to provide a buffer between the natural reservation and more intensive open space uses, including playgrounds, tennis courts, golf courses (excluding roughs maintained in a natural state), and other recreational uses and yards for individual lots or parcels, or open space uses that are impervious in nature. These more intensive open space uses may not be located closer than 300 feet to the boundary of the natural reservation. 2. In addition, where woodstork (MFcteria americana) rookeries, bald eagle (Haliaeetus leucocephalus) nests, and wading bird roosts are found in the adjacent natural reservation, the open space uses identified in sub-sections B.2.a. through c are considered acceptable for placement within a buffer as specified below: a. Woodstork (M¥cteria americana) rookeries, bald eagle (Haliaeetus leucocephalus) nests - 1,500 feet; b. Wading bird roost - 300 feet; Page 127 of 168 Words s~,:c!: t?am:gh are deleted, words underlined are added c. These buffer distances shall only apply to the identified entity within the natural reservations. 3. These requirements shall be modified on a case by case basis, if such modifications are based upon the review and recommendations from the USFWS and the FFWCC. Any such changes shall be deemed consistent with the Growth Management Plan. C. Contiguous Native Vegetation. Existing native vegetation that is located contiguou~ to the natural reservation shall be preserved as part of the preservation requirements specified in Section 3.9.4. D. Wildlife Corridors. Where wildlife corridors exist for listed species, provision shall be made to accommodate the movement of the listed species through the project to the natural reservation. The County shall consider the recommendations from the USFWS. 3.9.7. Preserve Standards 3.9.7.1 Design Standards A. Identification. Native vegetation that is required to be preserved or mitigated pursuant to 3.9.4 or 3.9.5 shall be set-aside in a Preserve and shall be identified in the following manner: 1. The Preserve shall be labeled as "Preserve" on all site plans. 2. If the development is a PUD, the Preserve shall be identified on the PUD Master Plan, if possible. If this is not possible, a minimum of 75% of the preserves shall be set-aside on the PUD Master Plan with the remaining 25% identified at the time of the next development order submittal. 3. The Preserve shall be identified at the time of the first development order submittal. B. Minimum dimensions. The minimum width of the preserve shall be: 1. twenty feet, for property less than ten acres. 2. 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. 3. an average of fifty feet in width but not less than twenty feet for property oftwenq~ acres and greater. C. Protection of Wetland Hydroperiods. Drawdowns or diversion of the ground water table shall not adversely change the hydroperiod of preserved wetlands on or offsite. Detention and control elevations shall be set to protect surrounding wetlands and be consistent with surrounding land and proiect control elevations and water tables. In order to meet these requirements, projects shall be designed in accordance with Sections 4.2.2.4, 6.11 and 6.12 of SFWMD's Basis of Review, January 2001. D. Protective Covenants. Preserve areas shall be identified as separate tracts or easements, with access to them from a platted right-of-way. No individual residential or commercial lot, parcel lines, or other easements such as utility or access easements, may project into the Preserves when platted as a tract. All required easements or tracts for preserves shall be dedicated to the County without placing on the County the responsibility for maintenance or to a property owners' association or similar entity with maintenance responsibilities. The protective covenants for the tract or easement shall establish the permitted uses for said easement(s) and/or tracts on the final subdivision plat. A nonexclusive easement or tract in favor of the County, without any maintenance obligation, shall be provided for all preserves on the preliminary and final subdivision plats and all final development order site plans. The boundaries of all preserve easements shall be dimensioned on the final subdivision plat. E. Created Preserves. Created Preserves shall be allowed for parcels that cannot reasonably accommodate both the required on-site preserve area and the proposed activity. 1. Applicability. Criteria for allowing created preserves include: a. Where site elevations or conditions requires placement of fill thereby harming or reducing the survivability of the native vegetation in its existing locations; b. Where the existing vegetation required by this policy is located where proposed site improvements are to be located and such improvements cannot be relocated as to protect the existing native vegetation; Where native preservation requirements cannot be accommodated, the Page 128 of 168 Words sm:c!: x~cugh are deleted, words underlined are added landscape plan shall re-create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larger plant materials so as to more quickly re- create the lost mature vegetation. These areas shall be identified as created preserves. d. 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. e. 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 criter/a 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. f. 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. 2. Required Planting Criteria: a. Where created preserves are approved, the landscape plan shall re-create a native plant community in all three strata (ground cover, shrubs and trees), utilizing larger plant materials so as to more quickly re-create the lost mature vegetation. Such re-vegetation shall apply the standards of section 2.4.4. of this Code, and include the following minimum sizes: one gallon ground cover; seven (7) gallon shrubs; fourteen (14) foot high trees with a seven foot crown spread and a dbh (diameter at breast height) of three inches. 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. b. Approved created preserves 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. c. The minimum dimensions shall apply as set forth in 3.9.7.1 .B. d. 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. F. Allowable Supplemental Plantings. Supplemental native plantings in all three strata may be added to preserve areas where the removal of non-native and/or nuisance vegetation creates open areas with little or no native vegetation coverage. Plant material in these restoration areas shall meet the following minimum size criteria: one gallon ground covers, three gallon shrubs and six foot high trees. 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. G. Preserve Management Plans. The Preserve Management Plan shall identify actions that must be taken to ensure that the preserved areas will function as proposed. A Preserve Management Plan shall include the following elements: 1. General Maintenance. Preserves shall be maintained in their natural state and must be kept free of refuse and debris. Page 129 of 168 Words :~.:'~!: ~.rzugh are deleted, words underlined are added 2. Exotic Vegetation Removal, Non-Native Vegetation, and Nuisance or Invasive Plant Control. Exotic vegetation removal and maintenance plans shall require that Category 1 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. 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 a~t~roved herbicide and a visual tracer dye shall be applied. Control of exotics shall be implemented on a yearly basis or more frequently when required, and shall describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. Non-native vegetation and nuisance or invasive plants shall be removed from all Preserves. 3. Designation of a Preserve Manager. A Preserve Manager shall be identified as the responsible party to ensure that the Preserve Management Plan is being complied with. The individual's name, address and phone number shall be listed on the Preserve Management Plan. The same information shall be provided regarding the developer. Both parties will be responsible until such time that the homeowners association takes over the management of the preserve. At that time, the homeowners association shall amend the plan to provide the homeowner association information and information regarding the person hired by the association to manage the preserve. The homeowner's association and the preserve manager shall be responsible for annual maintenance of the preserve, in perpetuity. The Preserve Manager must have experience in native habitat protection/restoration, as identified in section 3.8.4. 4. Wildlife Habitat Management. Where habitats must be managed with regards to the species utilizing them, Wildlife Habitat Management strategies may be required to provide for specialized treatment of the preserve. Where protected species are identified: management strategies shall be developed and implemented in accordance with section 3.11.3. Where site conditions require prescribed burus, a fire management plan will be developed and implemented. 5. Protection During Construction and Signage After Construction. The Preserve Management Plan shall address protective measures during construction and signage during and after construction that are consistent with section 3.9.8. Allowable Uses within Preserve Areas. Passive recreational uses such as pervious nature trails or boardwalks are allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. For the purpose of this section, passive recreational uses are those uses that would allow limited access to the preserve in a manner that will not cause any negative impacts to the preserve, such as pervious pathways, benches and educational signs are permitted in the preserve. Fences may be utilized outside of the preserves to provide protection in the preserves in accordance w/th the protected species section 3.11.3.1 .C. Fences and walls are not permitted within the preserve area. 3.9.7.2 Inspections and maintenance. A. Inspections shall be required for all preserves. The preserve areas shall be completed and approved by inspections conducted in accordance with the following schedule: I. Prior to preliminary acceptance of the phase of the required subdivision improvements; 2. Within the associated phase of the final site development plan prior to the issuance of a certificate of occupancy. 3. As required with golf courses, prior to the issuance of a certificate of occupancy for the first permitted structure associated with the golf course facility; 4. Eighty percent vegetative coverage, of the created preserves and supplemental plantings in preserves, is required within a two-year period following the initial planting and shall be maintained in perpetuity. Native plants that recruit on their own within the preserve will be counted towards this coverage requirement. B. Annual maintenance shall be required according to the Preserve Management Plan 3.9.7.3. Required Setbacks to Preserves. A. 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 rrfinimum 10- foot setback from the boundary of any preserve. There shall be no site alterations within the first 10 Page 130 of 168 Words s~.'-ck ~z,~ugh are deleted, words underlined are added feet adiacent 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. B. Additional preserve buffers shall be applied to wetlands pursuant to Section 3.9.5.3.A.6. 3.9.7.4 Exemptions. A. Single family residences are subject only to the applicable vegetation retention standards found in 3.9.4. B. Applications for development orders authorizing site improvements, such as an SDP or FSP and, on a case by case basis, a PSP, that are submitted and deemed sufficient prior to June 19, 2003 are not required to comply with the provisions of 3.9.7, formerly 3.9.5.5.6, which were adopted on or after June 19, 2003. Sec. 3.9.~8._: Vegetation remeval, pProtection and Fre:er:'a?.'en Removal sStandards. 3.9.~. 8_:.1. Vegetation pProtection Standards. 3.9.5. I. A__: General. During construction, all reasonable steps necessary to prevent the destruction or damaging of vegetation shall be taken, including the installation of protective barriers. Vegetation destroyed or receiving major damage must be replaced by vegetation of equal environmental value, as specified by the development services department, before occupancy or use unless approval for their removal has been granted under permit. 3.9.~. 1.2. B.~. Filling and construction debris. During construction, unless otherwise authorized by the vegetation removal permit, no excess soil, additional fill, equipment, liquids, or construction debris, shall be placed within the dripline of any vegetation that is required to be preserved in its present location. 3.9.~. ! .3. C.~. Attachments. Unless otherwise authorized by the vegetation removal permit, no attachments or wires other than those of a protective or nondamaging nature shall be attached to any vegetation during construction. 3.9.E. 1.4. D._: Excavation. Unless otherwise authorized by the vegetation removal permit, no soil is to be removed from within the dripline of any vegetation that is to remain in its original location. 2.9.~. 1.5. E.__Protective Barrier and Signage. 1. Installation of protective barrier and signage. All protective barriers shall be installed and maintained for the period of time beginning with the cormnencement of any phase of land clearing or building operations and ending with the completion of that phase of the construction work on the site, unless otherwise approved to be removed by the development services director's field representative. All protective barriers shall be installed pursuant to the Tree Protection Manual for Builders and Developers, division of forestry, State of Florida or other methods approved by the development services director. Signage shall be placed around the preserve areas to identify and protect the preserve during construction. The boundary of the Preserve shall be posted with appropriate signage denoting the area as a Preserve. Sign(s) should note that the posted area is a protected area. 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. Maximum sign spacing shall be 300 feet. 2. Applicant's representative required. The applicant for a vegetation removal permit shall, at the time of application, designate representative(s): -1-)a_.Who shall be responsible for the installation and the maintenance of all tree protection barriers. ~)b~Who shall be responsible for supervising the removal of all existing vegetation permitted to be removed or altered. &c_.Protection of all areas of vegetation. Areas to be preserved shall be protected during land alteration and construction activities by placing a continuous barrier around the perimeter of the area of vegetation to be preserved. This barrier shall be highly visible and constructed of wood stakes set a maximum of ten feet apart, at a height range of two to four feet, all covered continuously with brightly colored, all- weather mesh material or equal type barrier method. An equivalent method may be substituted with the approval of the development services director. Page 131 of 168 Words sm:ok t?ce-,:gh are deleted, words underlined are added 4:d_.Protection of individual trees. When the retention of single trees is required by this Code, a protective barrier, similar to that required in [section] 3.9.5.1.5.3, shall be placed around the tree at a distance from the trunk of six feet or beyond the dripline, whichever is greater, or as otherwise approved by the development services director's field representative. 3.9.~ 8__~.2. Criteria for Removal and/or Replacement of Protected Vegetation. A. Standards. The development services director may approve an application for vegetation removal permit based cn ~e fc,!!z:v!ng criteria: if it is determined that reasonable efforts have been undertaken in the layout and design of the proposed development to preserve existing vegetation and to otherwise enhance the aesthetic appearance of the development by the incorporation of existing vegetation in the design process. Relocation or replacement of vegetation may be required as a condition to the issuance of an approval in accordance with the criteria set forth in this division. In addition, a vegetation removal permit may be issued under the following conditions: 3.9.5.2.1. Protected vegetation is a safety hazard to pedestrian or vehicular traffic, public services, utilities, or to an existing structure. 2.9.5.2.2. Diseased or otherwise unhealthy vegetation as determined by standard horticultural practices and if required, a site inspection by the development services director's field representative. 3.9.5.2.3. A final local development order has been issued which requires removal of the protected vegetation. 3.9.5.2.4. Compliance with other codes and/or ordinances may involve protected vegetation removal. criteria set fo~h in *mis d/vi:ion. of no~afive vegetation shall be with native · ~e.~ [1~ vegetation .... ~ara~.~ ~: ..... ~ .... and shall be subject to ~e approval of the development se~ices director or ~s~er designee. ~ · u ...... , ,u~, ....... u~ ~.~;_~. m~,~. ~+ u .... , U~;gU, ~nuu~ .,%~+~,;~. ia not Replacement vegetation shall comply with the standards of Section 2.4.4 and ~hall include the follo~g mnimm sizes: one gallon gro~d cover; seven (7) gallon s~bsl fourteen (14) foot high ~ees wi~ seven foot cro~ spread and dbh {diameter at breast height) of t~ee inches. Replacement native vegetation shall be planted within 14 calendar days of removal. 3.9.5.2.7.6~ On a parcel of land zoned residential single-family (RSF), village residential (VR), estates (E) or other nonagricultural, noncommercial zoning district in which single- family lots have been subdivided for single-family use only, a vegetation removal permit may be issued for any permitted accessory use to that zoning. 3.9.5.2.8.7_. The proposed mangrove alteration has a Florida department of environmental protection permit or meets the permitting standards in Florida Administrative Code 17- 321.030, 17-321.050, 17-321.100, 17-321.801, 17-321.802, or 17-321.803 as maybe amended. However, mangrove removal or trimming shall be prohibited in all preserves or areas used to fulfill the native vegetation preservation requirements. 3.9.5.2.9. 8_. Removal of vegetation for approved mitigation bank sites (as defined by the Florida Administrative Code); state or federally endorsed environmental preservation, enhancement or restoration projects; or State of Florida, division of forestry approved fire breaks shall be permitted. Vegetation removal permits issued under these criteria are valid for the period of the time authorized by such agency permits. B. Landscape Plant Removal or Replacement. The removal or replacement of approved landscaping shall be done in accordance with the regulations that guide the landscape plato Page 132 of 168 Words sK, x":.:elx tkrcugh are deleted, words underlined are added reviews and approvals in Division 2.4. A vegetation removal permit will not be issued for the removal or replacement of landscape plants. That approval must be obtained through an amendment process to the landscape plan or as otherwise authorized by permit by the Collier County Landscape Architect. C. Vegetation relocation plan. If vegetation relocation is proposed by the applicant prior to site development plan, construction plan or other final approvals, a vegetation relocation permit (vegetation removal permit) may be issued by the planning services director provided that it can be demonstrated that early transplantation will enhance the survival of the relocated vegetation. The vegetation relocation plan shall document methods of relocation, timing of relocation, watering provisions, maintenance and other information as required by the planning services director. 3.9.5.3.8.3. Management Plan and Inspections. A__:. Management plan required. For all individual areas of mangrove trees and areas of preserved plant communities larger than one-half acre in area, the owner shall submit, for the approval of the development services director, a narrative management plan indicating the manner in which the owner will preserve the native plant communities. The narrative shall include: 3.9.5.3.1_. Whether or not the existing vegetation is to be preserved in the existing species composition. 3.9.5.3.2. If applicable, the manner in which the composition of existing plant material is to be preserved (hand removal of invasive species, prescribed burning, etc.). ........ 3.The maintenance schedule for the removal of invasive species. 3.9.5.3.4. The maintenance schedule for the removal of debris. 3.9.8.2.5.Other information that may be required by the deve!,vpment planning services director that is reasonable and necessary to determine if the management plan meets the requirements of this Code. 2.9.5.~.. B__:. On-site inspection. The development planning services director's field representative may conduct an on-site inspection to determine if the proposed vegetation removal meets the criteria in section 3.9.5.2 and conforms to the preservatien standards set forth in section 3.9.8.5 below. 3.9.5.5. Prezep,'ation standards. Page 133 of 168 Words ~,-v-"d. cl,',, t?xcugh are deleted, words underlined are added W~ere native prese~.'ation given to p ...... ;.g +k~ k~;+.+~ n.~, ~ a pax ~c,k ccm~m~ties~,,.~,~; ..... ~.. ~.,~;*~ ~c development plans wi!! rea=onab!> ......... --,~---r, -~ preser.'e examp!~s of rte all z___sm~ - r ....................... r .... ~ ........................ 3.9.5.5.6. Native Preserve Criteria 1. ]dcnt~qcr. tlc,m Nati;'e vegetation t?=t is required to be preserved pursuant to 2.9.5.5 shall be set aside kn a Preserve. Areas set aside as preserve: shall be labeled as "Prese:-,'e .....~.....11 o..~°;+~ Page 134 of 168 Words s~.:'ok ~:eugh are deleted, words underlined are added than b. The :rJnim"~'_ dimensions shall apply as set for& in 3.9.5.5.5.2. c. Al! perkmeter !andscapkng ...... ~' .....requested i. ':,'hen a State cr Federal pe..'~rJt requires creation cf native habitat on site. The ii. ',','hen sma!! isolated areas (cf !ess than K acre in she) of native vegetation exist on in Crccdcd Prcsc:".'cc and shall he created adjacent existing native vegetation areas cn .................................................... ~ ..... ~ prese.we. There shall be nc wetland.) 5. !m~'asi'/c Exctic Ycgct.~ticx Rc,-..cvc.! c. nd M=iztcx~ncc P!=nz. Exct!c vzgetaficn removal and de~ ~-~r Page 135 of 168 Words smack through are deleted, words underlined are added 3.9.9. Requirement for Removal of Prohibited Exotic Vegetation. 3.9.9.1. General A. Prohibited exotic vegetation removal and methods of removal shall be conducted in accordance with the specific provisions of each local development order. B. Native vegetation shall be protected during the process of removing prohibited exotic vegetation, in accord with the provisions of Section 3.9.8.1. C. Prohibited exotic vegetation shall be removed from the following locations, and within the following timeframes: 1. From all rights-of-way, common area tracts not proposed for development, and easements prior to preliminary acceptance of each phase of the requirement subdivision improvements. 2. From each phase of a site development plan prior to the issuance of the certificate of occupancy for that phase. 3. From all golf course fairways, roughs, and adjacent open space/natural preserve areas prior to the issuance of a certificate of occupancy for the first permitted structure associated with the golf course facilit3'. 4. From property proposing any enlargement of existing interior floor space, paved parking area, or substantial site improvement prior to the issuance of a certificate of occupancy. D. In the case of the discontinuance of use or occupation of land or water or structure for a period of 90 consecutive days or more, property owners shall, prior to subsequent use of such land or water or structure, conform to the regulations specified by this section. E. Verification of prohibited exotic vegetation removal shall be performed by the development services director's field representative. F. Herbicides utilized in the removal of prohibited exotic vegetation shall have been approved by the U.S. Environmental Protection Agency. 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. 3.9.9.2. Exotic Vegetation Maintenance Plan. A maintenance plan shall be submitted to the development services director for review on sites which require prohibited exotic vegetation removal prior to the issuance of the local development order. This maintenance plan shall describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. This maintenance plan shall be implemented on a yearly basis at a minimum. Issuance of the local development order shall be contingent upon approval of the maintenance plan. Noncompliance with this plan shall constitute violation of this division. The development services director's field representative shall inspect sites periodically after issuance of the certificate of occupancy, or other final acceptance, for compliance with this Division. 3.9.9.3. Applicabili _ty to New Structures and to Additions on Single-Family and Two-Family Lots. In addition to the other requirements of this Division, the applicant shall be required to remove all prohibited exotic vegetation before a certificate of occupancy is granted on any new principal or accessory structure and any additions to the square footage of the principal or accessory structures on single-family or two-family lots. The removal of prohibited exotic vegetation shall be required in perpetuity. Upon issuance of a vegetation removal permit, prohibited exotic vegetation may be removed from lots which are zoned residential single-family (RSF), estates (E), village residential (VR), and mobile home (MH), prior to issuance of a building permit. 3.9.10. Required Permits and Notices 3.9.10.1. Vegetation Removal Permit A. Other permits required. No vegetation removal permit or fmal development order authorizing site clearing or site improvements shall be issued by the planning services director until all applicable federal and state, and County approvals as designated by the planning services director have been obtained. These approvals may include, but are not limited to: Page 136 of 168 Words s~ack ~.rzugS are deleted, words underlined are added 1. Building permits. (Except in accordance with section 3.2.8.3.6. of this Code.) 2. Special treatment (ST) development permits. 3. U.S. Army Corps of Engineers permits or exemptions. 4. Florida Department of Environmental Protection permits or exemptions. 5. U.S. Fish and Wildlife Service permits or exemptions. 6. Florida Fish and Wildlife Conservation Commission permits or exemptions. 7. South Florida Water Management District permits or exemptions. 8. Other applicable agency reviews or permits or exemptions. 9. Other county approvals. B. Application contents. Application for a vegetation removal permit shall be submitted to the planning services director in writing on a form provided by the planning services department. The application shall include the following information: 1. A generalized vegetation inventory which includes: a. Generalized vegetation inventory superimposed on a current aerial. A generalized vegetation inventory shall show the approximate location and extent of vegetation on the site. The inventory shall be based upon the most current available information. The inventory shall be in the form of an aerial or a field survey, and may be accompanied by photographs or videotapes illustrating typical areas of vegetation referenced to positions on the aerial or survey, but shall clearly indicate habitat types and protected vegetation, and may be accompanied by photographs or videotapes illustrating typical areas of vegetation referenced to positions on the aerial or survey. The generalized vegetation inventory shall be prepared in some manner which clearly illustrates the relationships between the areas of vegetation and the proposed site improvements. b. Generalized written assessment and evaluation. The generalized vegetation inventory shall be accompanied by a brief written assessment of the plant communities which have been identified on the site. The assessment shall include an evaluation of character and quality of the plant communities identified, including their rarity, viability, and such other physical characteristics and factors that may affect their preservation. The inventory assessment and evaluation shall be prepared by a person knowledgeable in the identification and evaluation of vegetative resources, such as a forester, biologist, ecologist, horticulturist, landscape architect, or certified nurseryman. c. Reasonable additional information. The development services director may require that the application include such additional information which is reasonable and necessary for adequate administration of this Division. 2. A site plan which includes: a. Property dimensions. bo Location of existing infrastructure and alterations. Location of proposed structures, infrastructure and alterations. d. The location and species of all protected vegetation. Large stands of a single species, such as cypress heads, may be indicated as a group with an approximate number or area. retained. Designation of all protected vegetation proposed for removal. Location and details of protective barricading of the vegetation to be g. Description of any proposed alteration of mangroves. h. Description of any proposed maintenance trimming of mangroves. An executed statement which includes: Page 137 of 168 Words s~ack t?~cug~ are deleted, words .underlined are added a. Name, address, and phone of property owner. b. Name, address, and phone of authorized agent and on-site representative. c. Proof of ownership. d. Legal description. e. Reason for proposed removal. f. Method to distinguish vegetation to be removed from vegetation to be preserved and method of removal. It should be noted that the root system of the vegetation shall also be protected. g. Signature of property owner or copy of a specific contract signed by property owner. 3.9.5. C._~. Review procedures. ........ 1. Issuance of permit. Based on the information contained in the application and obtained from the on-site inspection, the development services director,~..~"~ .v.c .......... .._..~,.v. ~ alteration pe.,rm2ts t?.e no,ara! resources director .may approve or deny an application. An approved vegetation removal permit is valid for a period not to exceed 180 days except for mangrove a!teraticn. Mangrove alteration permits shall be valid for a period of five years from date of issuance, or date of issuance by the Florida dDepartment ofeEnvironmental pProtection. An extension requested prior to expiration of the original permit may be granted for good cause shown upon written application to the development services director ~"'~ fzr mangrove ~' ..... ; ..... ~+~ +~ sound' marmger or his ~;~ The development services director~..~-a .v.c^~ ,~ngmve alteration pem~.2ts +u...~ ................. ~...J -~..~,~. ~. ~2s designee may attach conditions to the permit relative to the methods of designating and protecting vegetation not proposed for removal. A violation of these conditions shall constitute cause to void the vegetation removal permit. 2.9. ! 9.2. Denial of permit. In the event an application is denied by the development services director, the reason(s) shall be noted on the application and returned promptly. 2.9.19.3. Permit fees. All vegetation removal and agricultural clearing permit applications requiring review and approval shall be charged a review fee unless board cf count7 eo.x'~'../:s~oners ~*'~" ~+~.,:o~. ~ ~,~-. *"' re:o!ution, a ~.~a..,~ ~-r~ for vegetation rostra!, review an~ a~praval pe~2ts. ~e ::he~ule af fees an~ tho of fees ~;y be :hanged as established by resolution of the b~oard of eCoun~ ~o~ssioners. 3.9.19.4. D. Vegetation Removal Permit Exceptions 3.9. ! 9. a.. I. A vegetation remora! fee is ntt required t¢ r:mo;'e *&e following pmh!b!ted exotic (7) Page 138 of 168 Words .... ~. ,h ..... ~ -~ deleted, words ~derlined are added 3.9.19.4.2. 1. Except for lots on undeveloped coastal barrier islands, and any project proposing to alter mangrove trees, a vegetation removal permit for clearing one acre or less of land is not required for the removal of protected vegetation, other than a specimen tree on a parcel of land zoned residential, single-family (RSF), village residential (VR), agriculture (A) or estates (E), or other nonagricultural, non-sending lands, non-NRPA, noncommercial zoning districts in which single-family lots have been subdivided for single-family use only, where the following conditions have been met: (4) a_. A building permit has been issued for the permitted principal structure (the building permit serves as the clearing permit), or 62-) b~ The permitted principal structure has been constructed, and the property owner or authorized agent is conducting the removal, and the total area that will be cleared on site does not exceed one acre. ...... Code. 2.9.19.4.4.2. A vegetation removal permit is not required for the removal of protected vegetation other than a specimen tree, when a site plan and vegetation protection plans have been reviewed and approved by the development services director as part of the final development order. 2.9.19.4.5.3_. A vegetation removal permit is not required for the removal of protected vegetation ¢~er than a spec!men ~ee from the property of a Florida licensed tree farm/nursery, where such vegetation is intended for sale in the ordinary course of the licensee's business and was planted for the described purpose. 'Ii, IthACA ' ........... = A vegetaUon removal permit is not required for the removal of protected vegetation other than a specimen tree by a Florida licensed land surveyor in the performance of his/her duties, provided such removal is for individual trees within a :watc~ swath that is less than three feet in width. 2.9. ! 9.4.9.5_:. A vegetation removal permit is not required for the removal of protected vegetation prior to building permit issuance if the conditions set forth in section 3.2.8.3.6 have been met. 6. A vegetation removal permit is not required for the hand removal of Prohibited Exotic Vegetation. Mechanical clearing of Prohibited Exotic Vegetation shall require a vegetation removal permit. Mechanical clearing is defined as clearing that would impact or disturb the soil or sub-soil layers or disturb the root systems of plants below the ground. 3.9.6.5.10.2 Agricultural land clearing. A. Land Clearing Permit. A permit for clearing of agriculturally zoned land for bona fide agricultural uses that do not fall within the scope of sections 163.3162(4) or 823.14(6), Florida Statues, as ~eSned ~y *~';~..~ ~,~^'~ shall be required for all agricultural operations except as exempted by section 2.9.5.5.6 of tkig Code 6 below. 3.9.5.5.1.Application. An application for an agricultural clearing permit shall be submitted in the form established by the deYe!opment planning services director. Silviculture operations, as defined by this Code, shall require a management plan prepared by a forester or a resource manager (e.g. division of forestry, private or industrial) as part of the application. An application fee in an amount to be determined by the board of county commissioners shall accompany and be a part of the application. The following conditions, Page 139 of 168 Words s~.'-ck ffzcugh are deleted, words underlined are added as applicable, shall be addressed as part of and attachments to the agricultural land clearing application: (1) a_.If an ST or ACSC-ST overlay is attached to the zoning of the property, an ST development permit has been issued by the ...... ~ ....... plannmg services director. The ST or ACSC-ST permit review shall be in accordance with Collier County Land Development Code Division 2.2, section 2.2.24 and may be simultaneously reviewed with the agricultural clearing permit application. (-2-) b.._:. The application, including generalized vegetation inventory and clearing plan as outlined in sections 3.9.4.2.!, 3.9.n..2.2 and 3.9.n..2.3, 3.9.10.1.B.1 and site visit (if required) confirm that the proposed use is consistent with the requirement of the zoning district as a bona fide agricultural use and the applicant has been informed of the rezoning restriction which granting the permit shall place on his property. (-3-) c_. The applicant has obtained and produced a copy of the South Florida Water Management District (SFWMD) consumptive water use permit or exemption, if required by SFWMD. (4) d_.The applicant has obtained and produced a copy of the South Florida Water Management District surface water management permit or exemption, if required by SFWMD. (-5-) e_. The applicant has obtained and produced a copy of the United States Army Corps of Engineers (ACOE) permit or exemption, if required by the ACOE. f. The applicant has submitted data relating to wetland impacts and protected wildlife species habitat subject to Collier County growth management plan, conservation and coastal management element policies 6.2.9, 6.2.10 and objective 7.3 and associated policies and Collier County Land Development Code division 3.11. This data will be required only when the county's on-site inspection indicates that there are potential or actual impacts to wetlands and to protected federally and state listed wildlife habitat. (--7-) h The property owner, or authorized agent, has filed an executed agreement with the devz!cpment planning services director, stating that within two years from the date on which the agricultural clearing permit is approved by the development services director, the owner/agent will put the property into a bona fide agricultural use and pursue such activity in a manner conducive to the successful harvesting of its expected crops or products. The owner/agent may elect to allow the subject property to lie fallow after completing the bona fide agricultural use, for the remainder of the ten-year period required by~.v..~^' ~ ~.. ~...~, ~ ~tQx h below. If the clearing is expected to occur over a period greater than two years, this will be stated on the application and may be addressed as a condition on the agricultural clearing permit if determined by staff to be appropriate. (-8-) h__:. The property owner, or authorized agent, has filed an executed agreement with the ...... t~ ....... planmng services director stating that the owner/agent is aware that the Collier County bBoard of~County ~__Commissioners will not rezone the property described in the agricultural clearing permit for a period of ten years from the date of approval of the agricultural clearing permit by the ...... ~ ....... planning services director, unless for any such conversions in less than ten years, the converted land shall be restored with native vegetation to the degree required by this Code. 3.9.11.2. Determination of completeness. a_. After receipt of an application for an agricultural clearing permit, the d .....~. ....... planning services director or his designee shall determine whether the application submitted is complete. All applicable conditions specified in section 3.9.6--$. 1 above must be addressed in order to obtain a determination of completeness. If the application is not complete, the development services director or his designee shall notify the applicant in writing of the deficiencies. No further steps to process the application shall be taken until all of the deficiencies in the application have been met. In addition, A determination of completeness or a modified determination of completeness may be made in accordance with the following: Where the applicant submits~ as part of the application for an agricultural clearing permit~ a copy of the completed application for a SFWMD consumptive use permit or exemption, for a SFWMD surface water management permit or exemption, or fo~ an ACOE permit or exemption, ag ap~!icab!e, a modified determination of completeness may be issued providing that said permits or exemptions are not necessary for further c:,C_ounty review and providing that all other deficiencies in the application have been addressed. Page 140 of 168 Words sm:'ck tk. rcugh are deleted, words underlined are added 3.9.5.5.3. Criteria for review of application. Review of the application for an agricultural clearing permit shall commence upon igguance of the determination of completeness or modified determination of completeness and aha!! be cemp!eted w!*&Ln 29 b',::'.'ncss da)': from the date of issuance tc the applicant of a dete,,"nTJnation of co-',,~,,~!etene:: except ':,'here addificna! data and or info.,',~..~tion i: required to, addre:: envircr~T, enta! i~acts. Where ccmg!ete review ef +~e a~Ecatien a~e: :ece~pt ef =aid additiena! data and c: infe~t~en ~ +n .... ,; .... The following criteria shall be utilized by staff ~ reviewing an application for issuance of an agricul~al clearing pe~t: ~a~ An on-site inspection has been made by staff, if indicated. ~.b_. Environmental impacts, including wetlands and protected wildlife species habitat(s) shall have been addressed in accordance with the requirements of the Collier County growth management plan and the Land Development Code, as may be amended from time to time. c_. Additional data and or information required by the eCounty to address environmental impacts shall be submitted by the applicant upon '::riXen reque:t ~y ............. n .................. ~ ........................... ~, requested. S',:ch 3.9.6.5.n,. Issuance of permit. After an application for an agricultural clearing permit has been reviewed in accordance with section 3.9.6.5.3 above, the ...... ~ ....... planmng services director or his designee shall grant the permit, grant with conditions or deny the .... '-+~ app!icaticn r permit, in writing_. "';*~'; .... ~'"~; ....'~ .... cf receiving a ..... r ..... exemption: c~^~ ,~. ~m~x~r~ er ...... Where ~e agricultural clearing pe~t is den~ed, · e le~er shall state the reason(s) for said denial. 3.9.6.5.5. Renewal of agricultural clearing permit. An approved agricultural clearing permit is valid for five years and may be automatically renewed for five-year periods ,-1 1 .... + ' providing that a notification in writing is forwarded to the ~eve.ev ....... planmng services director at least 30 but no more than 180 days prior to the expiration of the existing permit and providing that the property has been actively engaged in a bona fide agricultural activity; ...... ~' ......~+~..~.~ ~q,,; ........ r~,~- ~ n ~ ~o ~ ~-+,~;~ ~ Such notification shall state that the applicant is in compliance with any and all conditions and/or stipulations of the permit. A violation of permit conditions shall [be] cause to void the agricultural clearing permit. Applicants failing to provide notification as specified herein shah be required to submit a new application for an agricultural clearing permit. 3.9.6.5.6. Exemptions for agricultural clearing permit. -l-fa. An agricultural clearing permit is not required for operations having obtained a permit under Ordinance No. 76-42 and which can demonstrate that an approved bona fide agricultural activity was in existence within two years of the permit issuance date, or for operations which can demonstrate that a bona fide agricultural activity was in existence before the effective date of Ordinance No. 76-42. Such demonstrations for exemptions may include agricultural classification records from the property appraiser's office; dated aerial photographs; occupational license for agricultural operation; or other information which positively establishes the commencement date and the particular location of the agricultural operation. g-rb. Upon issuance of an agricultural clearing [permit] or as exempted above, activities necessary for the ongoing bona fide agricultural use and maintenance shall be exempted from obtaining additional agricultural clearing permits for that parcel providing that the intent, use and scope of said activities remain in accordance with the ongoing agricultural clearing permit or exemption. Ongoing bona fide agricultural activities that qualify for this exemption as described in this section may include but are not limited to clearing for, around or in dikes, ditches, canals, reservoirs, swales, pump stations, or pens; removal of new growth, such as shrubs or trees, from areas Page 141 of 168 Words :m:ck t?zeugh are deleted, words underlined are added previously permitted or exempted from this section; fire line maintenance; approved wildlife food plots; or other activities similar in nature to the foregoing. Fences, buildings and structures requiring a building permit shall be exempt from an agricultural clearing permit but must obtain a vegetation removal permit. c. No agricultural clearing permit shall be required for protected vegetation that is dead, dying or damaged beyond saving due to natural causes also known as acts of God providing provided that: ~(1) The development services director is notified in writing within two business days prior to such removal and the county makes no objection within said two business days; b:.(2) The tree is not a specimen tree; ~ The vegetation is not within an area required to be preserved as a result of a required preservation, mitigation or restoration program; d4~ The parcel is currently engaged in bona fide agriculture, as defined by this Code. ~ No agricultural clearing permit shall be required for the removal of any vegetation planted by a farmer or rancher which was not planted as a result of a zoning regulation or a required mitigation or restoration program. B. Land Clearing Notice. No later than 60 days prior vegetation removal as part of agricultural operations that fall within the scope of sections 163.3162(4) or 823.14(6), Florida Statutes, the property owner shall provide notice to the environmental services director that the removal will occur. Said notice shall include the following information: 1. a legal description of the land cleared, or such other description as is sufficient to document the specific location of the cleared land; 2. the date on which land clearing will begin; 3. the date on which land clearing is expected to be completed; 4. a vegetation inventory identifying the acreage of existing native vegetation on site prior to any site clearing; and 5. a signed agreement acknowledging the 25-year prohibition on the creation of TDR Credits from land cleared for agricultural operations after June 19, 2002, as set forth in Section 2.6.39.3.D.2; and 6. if the land is outside the RLSA, a signed agreement acknowledging that, if the land being cleared for agricultural operations is converted to a non-agricultural uses within 25 years after the clearing occurs, the property shall become subject to the requirements of Sections 3.9.4 through 3.9.6, as provided in Section 3.9.3.1.C. 3.9.6.6. !. Prohibited exotic vegetation r:mo':a! and method: of removal :ha!! be conducted kn (2_.) iss,aance of a coX!float: of occupancy. (3:) (4_.) Page 142 of 168 Words struck ~,rough are deleted, words underlined are added In t~e case prohibited exotic vegetation of+~e site Ln pe.'~emiW. This ::uintenance plan :ha!! be con..ne, en.+; _ ,~t. .... ~r .......................... r ............... _ r required 3.9.6.7. Designation cf specimen ~ee. 3.9.11. Enforcement 3.9.6~gl 1.1. Penaltyie__~s. A. Fines. 1. The failure of a property owner or any other person to obtain an approved agricu!mra! *'*"'"'~,~1~'1"~ permit as required in ***.~..:~" ... ~ o .~.': ~..o ~ this Division shall constitute a misdemeanor and each protected living, woody plant, constituting protective vegetation, removed in violation of this Code shall constitute a separate and distinct offense and upon conviction shall be punished by a fine not to exceed $500.00 per violation or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. In addition to or in lieu of the penalties provided by general law for violation of ordinances, the board of county commissioners may bring injunctive action to enjoin the removal of vegetation in violation of this Code. 2. The failure of a property owner or any other person, who obtains an agricultural clearing permit or provides notice of agricultural clearing pursuant to Section 3.9.10.2, to put the subject premises into a bona fide agricultural use.~ required shall constitute a misdemeanor for ,,,u~s..u .... ;..., .... 1 clearing pem'..'.'t t~e development se:-.'ices .irec.cr and each protected living, woody plant, constituting protective vegetation, removed in violation of this Code shall constitute a separate and distinct offense and upon conviction shall be punished by a fine not to exceed $500.00 per violation or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. In addition to or in lieu of the penalties provided by general law for violation of ordinances, the board of county commissioners may bring injunctive action to enjoin the removal of vegetation in violation of this Code. 3. Any per:on violating an>' provision: of +&is Code or the condition: of a pe..-zr2t issued Page 143 of 168 Words sm:ok +~ ..... U ~r,~ deleted, words underlined are added B_~.Restoration standards. If an alleged violation of this Code has occurred and upon agreement between the development services director and the violator, or if they cannot agree, then, upon conviction by the court or the code enforcement board, in addition to any fine imposed, a restoration plan shall be ordered in accordance with the following standards: The restoration plan shall include the following minimum planting standards: (4-) a_.In the successful replacement of trees illegally removed, replacement trees shall be of sufficient size and quantity to replace the dbh inches removed. Dbh is defined for the purposes of this ordinance as diameter of the tree, measured at a height of 4.5 feet above natural grade. (-2-) b_.Each replacement tree shall be Florida grade No. 1 or better as graded by the Florida department of agriculture and consumer service. (-3-) c_.All replacement trees shall be nursery grown, containerized and be a minimum of 14 feet in height with a seven foot crown spread and have a minimum dbh of three inches. (-4-) &Replacement trees shall have a guarantee of 80 percent survivability for a period of no less than three years. A maintenance provision of no less than three years must be provided in the restoration plan to control invasion of exotic vegetation (those species defined as exotic vegetation by the Collier County Land Development Code). (-5-) e_.It shall be at the discretion of the development services director to allow for any deviation from the above specified ratio. (-B-)2. In the event that identification of the species of trees is impossible for any reason on the property where protected trees were unlawfully removed, it shall be presumed that the removed trees were of a similar species mix as those found on adjacent properties. (C:,-)3. The understory vegetation shall be restored to the area from which protected trees were unlawfully removed. The selection of plants shall be based on the characteristics of the Florida Land Use, Covers and Form Classifications System (FLUCCS) code. Shrubs, ground cover, and grasses shall be restored as delineated in the FLUCCS code. The species utilized shall be with relative proportions characteristic of those in the FLUCCS code. The exact number and type of species required may also be based upon the existing indigenous vegetation on the adjacent property at the discretion of the development services director. fr~xA If the unlawful removal of trees has caused any change in hydrology, ground elevations or surface water flows, then the hydrology, ground elevation or surface water flows shall be restored to pre-violation conditions. (E)5. In the event of impending development on property where protected trees were unlawfully removed, the restoration plan shall indicate the location of the replacement stock consistent with any approved plans for subsequent development. For the purposes of this ordinance, impending development shall mean that a developer has made application for a development order or has applied for a building permit. (-g-)6. The development services director may, at his discretion, allow the replacement stock to be planted off-site where impending development displaces areas to be restored. In such situations, off-site plantings shall be on lands under the control of a public land and/or agency. The off-site location shall be subject to the approval of the development services director. (G-)7. The donation of land and/or of funds under the control of a public agency may be made if none of the above are viable alternatives. This donation of land and/or funds shall be equal to or greater than the total sum it would cost to restore the area in which the violation occurred. (Preservation of different contiguous habitats is to be encouraged.) 3.9.5.9.11.2. Corrective measures for environmental violations. A. Mitigation 1. The person(s) responsible for violations of the environmental sections of the Land Development Code shall be notified according to section 1.9.5 and shall have 30 days to prepare a mitigation plan that is acceptable to the county to resolve the violation. The Page 144 of 168 Words s~,:ck t?ceugh are deleted, words underlined are added mitigation plan shall be submitted to development services staff for review and comment. Once the plan is accepted by development services, the responsible party shall have 15 days to complete the mitigation unless other arrangements are specified and agreed upon in the mitigation plan. 2. Mitigation shall restore the area disturbed unless the responsible party demonstrates that off-site mitigation will successfully offset the impacts being mitigated for. Off-site mitigation shall be on lands under the control of a public agency, or identified for public acquisition, or on lands protected from future development. Ratios for off-site mitigation shall be as follows: two to one for uplands and three to one for wetlands. 3. The selection of plants to be used shall be based on the characteristics of the Florida Land Use, Covers and Forms Classification System (FLUCCS) code. The exact number and type of species required may vary depending on the existing indigenous vegetation found at the site. 4. If only trees were removed and the understory vegetation was not disturbed, then replacement of the dbh (diameter at breast height) in inches removed shall be required. 5. If the violation has caused any change in hydrology, ground elevations or surface water flows, then the hydrology, ground elevation or surface water flows shall be restored to pre-violation conditions. 6. If the violation consists of clearing of residential, single-family (RSF), village residential (VR) or estates (E) or other non agricultural, non commercially zoned land in which single-family lots have been subdivided for single-family use only, and one acre or less of land is being cleared by the property owners themselves in advance of issuance of building permit, the development services director may, in lieu of restoration or donation, impose a penalty fee in the amount equal to double the cost of a typical building permit. 2.9.5.9. !. B_.~. Requirements for a mitigation plan. 1. A copy of the deed, contract for sale or agreement for sale or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land, or permission from the landowner to mitigate on his or her site shall be provided. 2. The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in section 3.8.4. 3. The plan shall designate the person's name, address and telephone number that prepared the plan. 4. A north arrow, scale, and date shall be required on the plan. 5. Existing vegetation areas shall be shown. 6. The proposed planting areas shall be clearly def'med. 7. The plan shall denote the number and location of each plant to be planted, or for the case of ground covers, show them in groupings. Large mitigation areas may be designated by a more simplified method. 8. All plants proposed shall be denoted by genus, species, and the common name. 9. The plan shall identify what is adjacent to the mitigation areas, i.e. existing forest (provide type), farm, natural buffer area, lake, etc. 3.9.~.9.2. C.~. Site-specific review criteria. 1. All plants used for mitigation shall be native Florida species. 2. All plants used for mitigation shall be from a legal source and be graded Florida No. 1 or better, as graded by the Florida Department of Agriculture and Consumer Services' Grades and Standards for Nursery Plants (Charles S. Bush, 1973, Part I and 2). All plants not listed in Grades and Standards for Nursery Plants shall conform to a Florida No. 1 as to: (1) health and vitality, (2) condition of foliage, (3) root system, (4) freedom from pest or mechanical damage, (5) heavily branched and densely foliated according to the accepted normal shapes of the species or sport. Trees shall be a minimum of 14 feet tall at the time of planting and shall have a minimum dbh (diameter at breast height) of three inches. 3. The plants proposed for planting must be temperature tolerant to the areas they are to be planted in. The South Florida Water Management District's Xeriscape Plant Guide II shall be used in determining the temperature tolerances of the plants. Page 145 of 168 Words s~'z~x t?.rc,'ag~ are deleted, words underlined are added 4. The existing soil types shall be identified. Plants proposed for planting shall be compatible with the soil type. The 1954 or the 1992 soil survey of Collier County shall be used to determine if the plants proposed for planting are compatible with the existing or proposed soil types. 5. The source and method of providing water to the plants shall be indicated on the plan and subject to review and approval. 6. A program to control prohibited exotic vegetation (section 3.9.6.4.1) in the mitigation area shall be required. .......... D. County review of mitigation plan. 1. Development services will review the plan based on, but not limited to, the preceding requirements within 15 days. Additional relevant information may be required when requested. 2. Should the county reject the mitigation plan, the reasons will be provided so the applicant can correct the plan and resubmit for county review. .9.5.9.4. E. Monitoring and replanting. 1. A monitoring program shall be required that would determine the survivability by species of the plants used in the mitigation effort. A minimum of five reports will be submitted. Reports shall be due at one-year intervals. 2. Eighty percent survival by species shall be required for a five-year period unless other arrangements are specified and agreed upon in the mitigation plan. Replanting shall be required each year if the mortality exceeds 20 percent of the total number of each species in the mitigation plan. 3. The soil and hydrological conditions for some mitigation areas may favor some of the plants and preclude others. Should the county and/or consultant find that over time, some of the species planted simply don't adjust, the mitigation plan shall be reevaluated by both the consultant and the county, and a revised plan will be instituted. This condition shall not apply to all mitigation areas and each case will be evaluated individually, based on the supported [supporting] data submitted by the mitigator. 3.9.5.9.5. F~ Donation of land or funds. The donation of land and/or funds to a public agency may be made if none of the above are viable alternatives. This donation of land and/or funds shall be equal to or greater than the total sum it would cost to mitigate for the violation according to sections 3.9.11.2.A. 2.9.5.9 3.9.~.9.~. including consulting fees for design, and monitoring, installation costs, vegetation costs, earth moving costs, irrigation costs, replanting and exotic removal. 3.9.~ 12. Appeal from enforcement. Any person who feels aggrieved by the application of this division, may file, within 30 days after said grievance, a petition with the development services director, to have the case reviewed by the Collier County Board of County Commissioners. 3.9.813. Suspension of permit requirement. The board of county commissioners may, by emergency resolution, suspend the permit requirement for vegetation removal in the aftermath of a natural disaster, such as a hurricane, when the following conditions are met and contained in the resolution: 3.9.~.13.1. The suspension is for a defined period of time not to exceed 30 days or as otherwise set by the board of county commissioners. 3.9.&13.2. The vegetation removal is necessitated by disaster related damage. 3.9.g:13.3. The suspension is not applicable to vegetation within habitats containing listed species (as regulated in division 3.11). Page 146 of 168 Words sm:ck ~zzugk are deleted, words underlined are added SUBSECTION 3.L. AMENDMENTS TO DIVISION 3.11., ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION DIVISION 3.11., Endangered, Threatened or Listed Species Protection, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.11. ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION DIVISION 3.11. ENDANGERED, THREATENED, OR LISTED SPECIES PROTECTION 3.11.1 General. 3.11.1 .! Title and citation. This division shall be known and may be cited as the "Collier County Endangered, Threatened, or Listed Species Protection Regulations." 3.11.1__:.2. Purpose. The purpose of this division is to protect species in Collier County, Florida by including measures for protection and/or relocation of endangered, threatened, or species of special concern listed by: A__: Florida Fish and Wildlife Conservation Comnfission (FFWCC) as endangered, threatened or species of special concern; B._: United States Fish and Wildlife Service (USFWS) as endangered or threatened; and C_._: Convention of International Trade in Endangered Species of Wild Fauna and Flora (CITES) on Appendix 1, Appendix II, or Appendix III. 3.11.1~3. Nc:;' a::d ........6 ...... v ....... Applicability and Exemptions. A. General Applicability: Except as provided in B. below, all new development shall be directed away from listed species and their habitats by complying with the guidelines and standards set forth in this section. F,~r ne;;' and existing~ '~ interim~.~..-u;'~el;ne: or ~*~'~-'~ c~. ,u .... ,~.,;~ ^r ~ ...... B. Exemptions: The following are exempt from the provisions of this Section: 1. agricultural operations that fall within the scope of sections 163.3162(4) or 823.14(6), Florida Statutes~ 2. all development within the RLSA District, except as specifically provided in section 2.2.27; and 3. all development within the NBMO, except as specifically provided in section 2.2.31. 3.11.2 EIS and Management Plans 3.11.2.1.Exemption. Single-family lots that are not part of a previously approved subdivision or SDP shall not be required to prepare an EIS or a management plan. 3.11.&A-2.2 EIS: The EIS required by Section 3.8.6 shall include a wildlife survey shall be required for all parcels when listed species are known to inhabit biological communities similar to those existing on site or where listed species are directly observed on the site. The zu.wey :~a!! be where listed species are known to inhabit biological communities similar to those existing on site Page 147 of 168 Words z~ack t~:e. ugk are deleted, words underlined are added or where listed species are directly observed on site, an EIS that includes a wildlife survey shall be required, as set forth in Section 3.8.5.7. The CounW shall notif~ the FFWCC and USFWS of the existence of any listed species that may be discovered. Plan: :kal! 5e s',:Sm2~ed f.~r review and 3.11.2.3 Management Plans_. A. General Requirements. A wildlife management plan shall be required for all projects where the wildlife survey indicates listed species are utilizing the site. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats and shall incorporate proper techniques to protect listed species and their habitat from the negative impacts of proposed development. B. References. The following references shall be used, as appropriate, to prepare the required management plans; 1. South Florida Multi-Species Recovery Plan, USFWS, 1999. 2. Habitat Management Guidelines for the Bald Eagle in the Southeast Region, USFWS, 1987. 3. Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus_flolyphemus) Populations found on Lands Slated for Large Scale Development in Florida, Technical Report No. 4, Florida Game and Fresh Water Fish Commission, 1987. 4. Ecology and Development-Related Habitat Requirements of the Florida Scrub Jay (Aphelocoma coerulescens), Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 1991. 3.11.3. Protective Measures. All developments sub[eot to this Division shall adhere to the following: 3.11.3.1 General. A. In those areas where clustering is permitted, all developments shall be clustered to discourage impacts to listed species habitats. B. Open space and vegetation preservation requirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated by human activities. C. Provisions such as fencing, walls, or other obstructions shall be provided to minimize development impacts to the wildlife and to facilitate and encourage wildlife to use wildlife corridors. D. Appropriate roadway crossings, underpasses, and signage shall be used where roads must cross wildlife corridors. E. When listed species are directly observed on site or indicated by evidence, such as denning, foraging or other indications, priori _ty shall be given to preserving the habitat of that listed species, as provided in Section 3.9.4.1 .C. F. Management Plans shall contain a monitoring program for developments greater than 10 acres. G. Letters of technical assistance from the FFWCC and recommendations from the USFWS shall be deemed to be consistent with the GMP. ................................... ~ ............ r .............. recover' cf the West Indian Page 148 of 168 Words :..'rack through are deleted, words underlined are added 3.11.3.3 Species Specific Requirements. On property where the wildlife survey establishes that listed species are utilizing the site or where the site is capable of supporting listed species and such listed species can be anticipated to potentially occupy the site, the County shall consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission and recommendations from the U.S. Fish and Wildlife Service in issuing development orders. It is recognized that these agency recommendations, on a case by case basis, my change the requirements contained herein and any such change shall be deemed to be consistent with this Code. The following specific species management and protection plans shall be applicable, in addition to those required by 3.11.2.3. and 3.11.3.1: 3. I 12.4 A. Gopher Tortoise (Gophems polyphemus). {1_.)- All gopher tortoises, their habitats and the associated comensals are hereby protected. It is expressly prohibited to take, which means to harass, harm, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in any such conduct, any gopher tortoise and to alter, destroy or degrade the functions and values of their natural habitat, unless otherwise provided for in this section. {2_.) All gopher tortoise burrows are protected and it is prohibited to intentionally destroy [ or take any such burrow by any means, unless otherwise provided for in this section. 3:)- Provision is hereby made to allow personnel authorized by Florida Fish and Wildlife Conservation Commission or Collier County to house and relocate tortoises as necessary and provided for in this section. (4_.)-When gopher tortoises are identified on site, a prctecticvdwmnagement plan er afl site ~"":r--------~, ...... ~v...~o~ .... o,,...*~rr the protection/management plan shall include, but not be limited to the following items: -1-)a. a current gopher tortoise survey, which shall be field-verified by planning services staff; ~b. a proposal for either maintaining the population in place or relocating it; ~c. a site plan identifying the boundaries of the gopher tortoise preserve; 4-)d_. the method of relocation if necessary; ~)e_. the proposed supplemental plantings if needed; 6-)f. a detail of the gopher tortoise preserve fencing; g-)g:, an maintenance plan describing exotic removal and r ....... .aaa;~-~ _~._+;.,.~ Ln *&e 5:rare vegetation management; and 8-)h. identification of persons responsible for the initial and annual protection/management of the tortoises and the preserve area. Suitable gopher tortoise habitat shall be designated on the site plan at the time of the first development order submittal. Suitable habitat preserved on site shall be credited to the preservation requirement as specified in section 3.9.5-,4~ of this Code. ~5_.)- Suitable habitat shall be defined as having the following characteristics: -t-)a. the presence of well-drained, sandy soils, which allow easy burrowing for gopher tortoises;x Page 149 of 168 Words s~ack through are deleted, words underlined arc added ~b. appropriate herbaceous ground cover (if not present, supplemental food sources shall be planted);,; $-)c_. generally open canopy and sparse shrub cover which allow sufficient sunlight to reach the ground~; and 4)d_. typically, includes the presence of an existing gopher tortoise population. 6. Off site relocation plans ::'..ay shall be permitted to meet all or part of the on-site gopher tortoise habitat preservation requirements under the following circumstances: Where suitable habitat does not exist on-site; or, b_.) Where a property owner meets the minimum on-site native vegetation preservations requirements of this Code with jurisdictional wetlands and does not provide appropriate habitat for gopher tortoises as described above; or, c._) Where scientific data has been presented to the community development and environmental services administrator, or his designee, and an environmental professional opinion is rendered that the requirement to provide the required on-site gopher tortoise habitat preservation area will not be conducive to the long term health of the on site population of tortoises. 7. If an off site relocation plan is authorized under one or more of the above conditions, approval of such a plan and associated State permit, shall be obtained from the Florida Fish and Wildlife Conservation Commission. Where appropriate, a combination of on-site preservation and off-site relocation may be considered. (-6) 8_. When relocating tortoises on site, the density shall be reviewed on a case by case basis and no more than five tortoises per acre will be considered a suitable density. (--7-) 9_:. When identifying the native vegetation preservation requirement of section 3.9.$7. of this Code for parcels containing gopher tortoises, priority shall be given to protecting the largest, most contiguous gopher tortoise habitat with the greatest number of active burrows, and for providing a connection to off-site adjacent gopher tortoises preserves. All gopher tortoise preserves shall be platted with protective covenants as required by section 3.2.9.2.10. of this Code or, if the project is not platted, shall provide such language on the approved site development plan. When a ~ecisizn is ~.a~e tc allow cfi site re!~catic, n cf *~' ...... ~ ilt shall be a priority to preserve scrub habitat, when it exists on site, for its rare unique qualities and for being one of the most endangered habitats in Collier County, regardless of whether gopher tortoises are relocated off-site. ~ 10. Gopher tortoises shall be removed from all active and inactive burrows located within the area of construction prior to any site improvement, in accordance with the protection/management plan approved by planning services staff. (-9-) 11__~. Exemptions. Single family platted lots, seven and one-half acres or less in size, shall be exempt from the requirements set forth in su~secfi.cn 3.I I.~.~.(~1) 4 through 10 above~ when these lots are not a part of a previous development which has been required to comply with~,.~_~"~' ....;~ ~....~. ~ TM ~ ~.~ 4 through 10. However, gopher tortoises shall be protected pursuant to ~aragrapks 1, 2 and 3 eftkis sect/on above. B. Florida Scrub Jay. Habitat preservation for the Florida scrub jay (Aphelocoma coerulescens) shall conform to the guidelines contained in Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 1991. The required management plan shall also provide for a maintenance program and specify an appropriate fire or mechanical protocols to maintain the natural scrub community. The plan shall also outline a public awareness program to educate residents about the on-site preserve and the need to maintain the scrub vegetation. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery_ Plan, May 1999. C. Bald Eagle. For the bald eagle (Haliaeetus leucocephalus), the required habitat management plans shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain _types of activities during the nesting season. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999. D. Red-cockaded woodpecker. For the red-cockaded woodpecker (Picoides borealis), the required habitat protection plan shall outline measures to avoid adverse impacts to active clusters and to minimize impacts to foraging habitat. Where adverse effects can not be avoided, measures shall be taken to minimize on-site disturbance and compensate or mitigate Page 150 of 168 Words s.*rl..'-c~,: ',~XOl, lg?. are deleted, words underlined are added for impacts that remain. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999,. E. Florida black bear. In areas where the Florida black bear (Ursus americanus fioridanus) may be present, the management plans shall require that garbage be placed in bear- roof containers at one or more central locations. The mana ement lan shall also identi t methods to inform local residents of the concerns related to interaction between black bears and humans. Mitigation for i,~pacting habitat suitable for black bear shall be considered in the. management plan. F. Panther. For proiects located in Priority I and Priority II Panther Habitat areas, the I management plan shall discourage the destruction of undisturbed, native habitats that ar~.2 preferred by the Florida panther (Fells concolor corgi) by directing intensive land uses 1!2 currently disturbed areas. Preferred habitats include pine flatwoods and hardwood hananocks. In turn, these areas shall be buffered from the most intense land uses of the proiect by using low. intensity land uses (e.g., parks, passive recreational areas, golf courses). Golf courses witbi,, the RFMU District shall be designed and managed using standards found in that district. Th~: management plans shall identify appropriate lighting controls for these pcr~rfitted uses and shall. address the opportunity to utilize prescribed burning to maintain fire-adapted preserved vegetative conmmnities and provide browse for white-tailed deer. These requirements shall b~, consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999, and with th~: provisions set forth in this section. G. West Indian Manatee. The management and protection plans for the West Indian Manatee are set forth in section 2.6.22. H. Loggerhead and other listed sea turtles. The management and protection plans for. listed sea turtles shall be as set forth in Division 3.10: Sec. 3.11.4. Penalties for violation: resort to other remedies. Violation of the provisions of this division or failure to comply with any of its requirements shall constitute a misdemeanor. Any person or firm who violates this division or fails to comply with any of its requirements shall upon conviction thereof be fined, or imprisoned, or both, as provided by law. Each day such violation continues shall be considered a separate offense. Each taking of a gopher tortoise shall constitute a separate violation. It is not the intent to include tortoises that may be accidentally injured or killed during an approved relocation procedure that is done by a qualified consultant, in accordance with their protection/management plan. Any other person, who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. The county, in addition to the criminal sanctions contained herein, may take any other appropriate legal action, including but not limited to injunctive action, to enforce the provisions of this Division. SUBSECTION 3.M. AMENDMENTS TO DIVISION 3.12., COASTAL ZONE MANAGEMENT DIVISION 3.12., Coastal Zone Management, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.12. COASTAL ZONE MANAGEMENT 3.12.5.1.2. If the proposed development is determined to be a subdivision, as defined in dD_ivision 6.3, the categories of impacts, A through G, shall be conceptually illustrated on the ~-equgr-ed preliminary subdivision plat, if the applicant chooses to submit a preliminary subdivision plat and completely detailed on the final subdivision improvement plans, with any required protected/preserve areas illustrated on the final subdivision plat, in accordance with the provisions of dDivision 3.2. If the proposed development does not constitute a subdivision, the categories of impa~t, A through G, shall be illustrated on a site development plan for any form of development, including single-family or duplex residential structures in accordance with the provisions of dD_ivision 3.3. Page 151 of 168 Words ~ are deleted, words underlined are added 3.12.5.2. Review by environmental advisory board. All preliminary subdivision plat and/or site development plan submissions for development or site alteration on a shoreline and/or undeveloped coastal barrier shall be reviewed and a recommendation shall be made for approval, approval with conditions or denial by the environmental advisory board. If the applicant chooses not to utilize the optional preliminary subdivision plat process, the review and approval will occur at the time of either the final plat and construction plans or the final plat. SUBSECTION 3.N. AMENDMENTS TO DIVISION 3.15., ADEQUATE PUBLIC FACILITIES DIVISION 3.15., Adequate Public Facilities, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.15. ADEQUATE PUBLIC FACILITIES DIVISION 3.15. ADEQUATE PUBLIC FACILITIES* *State law reference(s) -- Concurrency, F.S. § 163.3180. Sec. 3.15.3. Definitions. For the purposes of this division only, the following terms are defined as follows: 3.15.3.10. Constrained facilities are those road facilities which have been so designated by action of the Board of County Commissioners (BCC) upon the recommendation of the Transportation Administrator once it has been determined that the road facility will not be expanded by two or more through lanes due to physical, environmental, or policy constraints. 3.15.3.11. Deficient road segment means a county or state road segment on the major road network system that is operating below its adopted level of service standard (LOS) as determined by roadway service volumes calculated by the Transportation Division administrator. 3.15.3.11.2. In detexv2nLng assessing the capacity of a county road segment~ ~ a state road segment or TCMA for the purpose of determining whether it is a d~r~-: ...... '~ operating below the adopted LOS, or would based on the traffic impacts identified in an approved TIS submitted as part of an application for a final locaLdevelopments order, the Transportation administrator shall consider: 1. Current roadway facilities including, but not limited to, number of lanes, provision of turn lanes, operation of intersections and number of signals, 2. Capital road improvements under constructiom, or for which the~constmction contract has been le.t; 3. Any improvements that are guaranteed in an enforceable development agreement in which the improvements are completed or under construction, or for which the construction contract(s) has been let, before the impacts from the development or phased development accrue to the roadway system; Page 152 of 168 Words sm:ok t~a,~,,:gh are deleted, words underlined are added Construction of the required capital improvement at tke .*;.me cf app!/cafian is included in or u~efare the tk2r&first or second.year of either the r, tate% Florida DOT five-year work program or the first or second__year of the Collier County Schedule of Capital Improvements ado ted as art of the Annual U date and Amendment of the Ca ital Im rovements Element CIE and Collier Coun Annual Bud et that foll.ows.adc-tTM a roval of the AUIR; a44t~ time of app!:zat:on. ' the Grc;;~h Managemer2 Plan except as cth:r:,'ise prcvidzd 5y !aw. 5. The final local development order is for a proiect located within a TCEA or _TCMA desi nated in the GMP which meet the a licable re uirements of Policies 5.5 throu h 5.9 of the Transportation Elemeng 6. The necessary facilities are the subject of a binding commitment with the. developer to contribute fair share funding as provided for in Policy 5.9 of the Transportation Element, if applicable, or to construct the needed facilities. 3.15.3.21. Level of service (LOS) means an indicator of the extent or degree of service provided by, or proposed to be provided by, a public facility based on, and related to, the operational characteristics of the public facility, as adopted in the Collier County Growth Management Plan. LOS will be stated as the capacity per unit of demand for each public facility. 3.15.3.21.2. Transportation Concurrency Management System means a "real time" concurrency system that tracks and allocates the available roadway capacity on a continuous basis with. quarterly status reports to the Board. Trips generated from proposed Developments will be added to the trips approved to date and the existing background traffic counts to determine if there is available capacity for each new Development to be approved, in whole or part, as pror~osed_ Development plans are submitted. 3.15.3.31. Proportionate share payment means a payment by a developer to Collier County to be used to enhance roadway operations, mass transit operations or other non-automotive transportation alternatives. Proportionate share payments may be used to mitigate the impacts of a development on a constrained or deficient roadway link by more than a de minimis amount within a Transportation Concurrency Management Area in which 85% of the north-south lane miles and 85% of the east-west lane miles are operating at or above the adopted LOS standards consistent with Policies 5.8 and 5.9 of the Comprehensive Plan Transportation Element. However, no imoact will be de minirnis if it exceeds the adopted level-of-service standard of any affected designated. hurricane evacuation routes within a TCMA. Hurricane routes in Collier County are shown on. Map TR7 of the Transportation Element. Any impact to a hurricane evacuation route operatin~ below the adopted LOS within a TCMA shall require a proportionate share payment provided the remaining LOS requirements of the TCMA are maintained. Proportionate share payments under this section are determined subsequent to a finding of concurrency for a proposed project within a TCMA and do not influence the concurrency determination process. 3.15.3.31.1. The proportionate share of the cost of improvements of such deficient roadways is_ calculated according to the following formula: Project trips impacting deficient link/SV increase x cost = proportionate share 1. Project trips = cumulative number of the trips from the proposed development expected to reach the roadway during the peak hour from the complete buildout of a stage or. phase being approved. 2. SV increase = the change in peak hour maximum service volume of the roadway.. resulting from construction of the improvement necessary to maintain the adopted level of service. 3. Cost = cost of construction, at the time of developer payment, of an improvement necessary to maintain the adopted level of service. Construction cost includes all improvement associated costs, including engineering design, right-of-way acquisition, planning, engineering, inspection, and other associated physical development costs directly required and associated. with the construction of the improvement. 3.15.3.31.2. The cost for a deficient roadway link shall be established using a typical "lane mile cost" of adding lanes to a roadway having a similar area type/facility type as det~mfined by the Collier County Transportation Administrator. Page 153 of 168 Words sm:ok tk~c'~:gh are deleted, words underlined_ are added 3.15.3.343~2. Public facilities mean capital drainage (surface water management system) facilities, capital park and recreation facilities, capital potable water facilities, capital road facilities, capital sanitary sewer facilities, and capital solid waste facilities. These are also known as Category "A" public facilities under Policy 1.1.1. of the Capital Improvement Element of the comprehensive plan. (Ord. No. 94-27, § 3; Ord. No. 96-66, § 3.J.; Ord. No. 99-6, § 3.I.; Ord. No. 03-01, § 3.J.) Sec. 3.15.4. Reserved. (Ord. No. 94-27, § 3; Ord. No. 96-66, § 3.J.; Ord. No. 99-6, § 3.1.; Ord. No. 03-01, § 3.J.) Sec. 3.15.6. Management and monitoring program. 3.15.6.2. Annual Update and Inventory Report on Public Facilities (A UIR). The Community Development and Environmental Services Division Administrator shall complete an Annual Update and Inventory Report on Public Facilities (hereinafter "AUIR"). The AUIR shall determine the existing conditions of all capital potable water, capital sanitary sewer, capital solid waste, capital drainage, capital park, and capital road public facilities to determine and summarize the available capacity of these capital improvements (public facilities) based on their LOS, forecast the capacity of existing and planned public facilities identified in the five-year capital improvement schedule for each of the five succeeding years, and ten succeeding years for solid waste landfill capacity, and identify new projects needed to maintain or restore adopted LOS. The forecasts shall be based on the most recently updated Schedule of Capital Improvements (public facilities)and- Capital Improvements Plan (CIP)or Master Plan for each public facility. The AUIR shall be based on the most recent University of Florida,_Bureau of Economic and Business Research (BEBR),or BEBR influenced Water and Sewer Master Plan, population projections, updated public facility inventories, updated unit costs and revenue projections, and analysis of the most recent traffic count data. 3.15.6.2.1. Annual determination of adequate "Category A "public facilities (concurrency). A' ' ' ~;-; ...... The County Manager will annually present the AUIR topex to the Board e,f co'~nVy ce~n'2ssioner,°. identifying deficiencies or potential deficiencies in "Categzu A"rpotable water, sewer, solid waste, drainage~ ~ public facilities and remedial action options including, but not limited to, the following: 1. Establishment of areas of significant influence (ASI's); 2. Public facility project additions to the financially feasible CIE; 3. Establish interim development controls in affected service areas pending: a. Lowering of LOS via growth management plan amendment; b. Inclusion of necessary public facility projects in the next adopted annual budget and next annual CIE update and amendment; c. Approval of new or increased revenue sources for needed public facility projects by the Board of County Commissioners, the state legislature or the county voters. d. Private development improvements guaranteed by an enforceable development agreement. e. For capital road faci!itic: or2y, dz:ignatizn zfa szrz~ained roadway 3.15.6.2.2. The findings of the A UIR, once approved by the Board of County Commissioners, will form the basis for the preparation of the next Annual Update and Amendment of the CIE and the annual determination of any deficient, or constrained, "Category A" facilities. The AUIR will identify additional projects and funding for inclusion in the Schedule of Capital Improvements and the Costs and Revenues Schedule of the CIE needed to maintain or restore adopted LOS for all "Category A" facilities for the next five years. Direct!an by tThe Board of County Commissioners shall provide directio.n, to update and amend the CIE to include projects and revenues (within the first t?.ree or second years for roads) needed to maintain or restore...adopted LOS_. ~ ?Category A" fac!!it!.es, as idzr2i.~Szd ;.n t~c P22!R, Said direction~shall constitute a finding of concurrent "Category A" facilities, except roads, for the review and issuance of development orders subject to the provisions of this division until the presentation of the next AUIR, except for any ASI designated areas or other areas subject to interim development controls. Page 154 of 168 Words stn:ck t~zz'~'gk are deleted, words underlined_ are added 3.15.6.2.3. In addition to identifying needed capacity expansion projects and revenues for inclusion in the next CIE update, the road facilities component of the AUIR will include an audit and update of the capacity balances in the Transportation Concurrency Management System database: on a :egment by :egment bazir. The update shall factoring in all such development approvals since the previous AUIR that generate trips along each road segment and the effect of capacity expansion projects included in the financially feasible Schedule of Capital Improvements of the CIE for :uck segment:. The AUIR shall be the annual baseline of an ongoing, real-time concurrency determination for roads. 3.15.6.3. Recommendations on the annual CIE update and annual budget. Based upon the prior calendar year's__AUIR analysis and Board direction, the Community Development and Environmental Services Division Administrator shall recommend to the Collier County Planning Commission and the Board of County Commissioners an Annual Update and Amendment to the CIE as part of the annual Growth Management Plan amendment cycle. The recommendation will include the proposed ~ublic facilities Schedule of Capital Improvements needed to maintain or restore=adopted LOS standards as well as recommendations for the annual budget as to needed projects and suggested funding sources. 3.15.6.4. Designation of deficient or constrained roadway segments. Deficient roadway segments may be designated as constrained whenever they meet the terms set forth in subsections 3.15.3.10. of this Code. 3.15.6.4.1. Regulation of growth along roadway segments designated constraine& Roadway segments once designated as constrained are subject to the growth restrictions set forth below which are intended to ensure that further LOS degradation does not occur in the event the roadway is determined to be operating below the level-of-service standard for that road facility. Except as provided for below in Transportation Concurrency Exemption Areas (TCEA) and Transportation Concurrency Management Areas (TCMA~. G~ roadway segments are subject to growth restrictions on development that will not allow for approval of a final local development order resulting in an increase in peak hour traffic volume of ten ~,ercer2 ab~,;'e ~e se:-Acz -:~!::me at above the adopted level-of-service standard. 3.15.6.4.2. Regulation of growth along deficient roadway segment(s). Except as provided for below in Transportation Concurrency Exemption Areas (TCEA) and Transportation Concurrency Management Areas (TCMA), .N no trips shall be allotted under a certificate of public facility adequacy for development that directly accesses and generates more than a de minimis (de minims impact is defined as traffic impact of leas ~an one percent or less of the peak hour service volume) impact on the deficient roadway segment(s) or for which the significance test in subsection 3.15.6.4.7.._~. of this Code, below indicates that the development will generate more than a de minimis impact on the deficient roadway segment(s). 3.15.6.4.3. Transportation Concurrency Exemption Area Designated. Pursuant to Policy 5.5 of the Future Land Use Element of the GMP, the South U.S. 41 Transportation Concurrency Exception Area (TCEA) is designated. Development located within the South U.S. 41 TCEA (Map TR-4) shall be exempt from transportation concurrency requirements, so long as impacts to the transportation system are mitigated using the procedures below. 3.15.6.4.3.1. Any proposed development within the concurrency exception area that would reduce the LOS on Florida Intrastate Highway System (FIHS) roadways within the County by more than 5% of the capacit~ at the adopted LOS standard must meet the transportation concurrency requirements specified in Rule 9J-5.0055(3)(c)1-7, F.A.C. 3.15.6.4.3.2. Any proposed development within the concurrency exception area that would reduce the LOS on FIHS roadways within the County by less than 5% of the capacity at the adopted LOS standard and meets the requirements identified below in subsection 3.15.6.4.3.3. are exempt from the transportation requirements of 9J-5.0055(3)(c)1-7, F.A.C. 3.15.6.4.3.3. Commercial t~developments within the South U.S. 41 TCEA that choose to obtain an exception from concurrency requirements for transportation will provide certification from fl~e_ Transportation Division that at least four (4) of the following Transportation Demand Management (TDM) strategies will be utilized: a_) Preferential parking for carpools and vanpools that is expected to increase the average vehicle occupancy for work trips generated by the development b_) Parking charge that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership.: c_) Cash subsidy that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership. Page 155 of 168 Words .... ~ *[ ..... h ~r,~ deleted, words underlined are added d_) Flexible work schedules that are expected to reduce peak hour automobile work trips generated by the development e) Compressed work week that would be expected to reduce vehicle miles of travel and peak hour work trips generated by the development f} Telecotmnuting that would reduce the vehicle miles of travel and peak hour work trips generated by the development g) Transit subsidy that would reduce auto trips generated by the development and increase transit ridership. h_) Bicycle and pedestrian facilities or that would be expected to reduce vehicle miles of travel and automobile work trips generated by the development. i) Including residential units as a portion of a commercial proiect that would reduce vehicle miles of travel. Residential developments within the South U.S. 41 TCEA that choose to obtain an exception from. concurrency requirements for transportation shall obtain certification that at least three (3) of the following Transportation Demand Management (TDM) strategies will be utilized: a) Including neighborhood commercial uses within a residential proiect. b) Providing transit shelters within the development (must be coordinated with Collier County Transit). c) Providing bicycle and pedestrian facilities, with connections to adjacent commercial properties. d) Including affordable housing (minimum of 25% of the units) within the development. e) Vehicular access to adiacent commercial properties with shared commercial and residential parking,. Developments within the South U.S. 41 TCEA that do not provide certification shall meet all concurrency requirements. Whether or not a concurrency exception is requested, development applicants must submit a Traffic Impact Statement and are subiect to a concurrency review for the purpose of reserving capacity for those trips associated with the development and maintaining accurate accounts of the remaining capacity on the roadway network. Concurrency analysis will be conducted utilizing the significance tests contained in subsection 3.15.6.4.7. of this code: An applicant seeking an exception from concurrency requirements for transportation through the certification mentioned above shall submit application to the Transportation Division Administrator on forms provided by the Division. Binding commitments to utilize any of the above techniques. relied upon to obtain certification shall be required as a condition of development approval. 3.15.6.4.4. Transportation Concurrency Management Areas Designated. Pursuant to Transportation element Policy 5.7 of the GMP, the following Transportation Concm~ency Management Areas are designated: 3.15.6.4.4.1 Northwest TCMA - This area is bounded by the Collier - Lee County Line on the north side; the west side of the 1-75 right-of-way on the east side; Pine Ridge Road on the south side; and, the Gulf of Mexico on the west side (Map TR-5). 3.15.6.4.4.2. East Central TCMA - This area is bounded by Pine Ridge Road on the north sidel Collier Boulevard on the east side; Davis Boulevard on the south side; and, Livingston Road (extended) on the west side (Map TR-6) with the exception of 1-75 which is not included in the concurrency analysis. 3.15.6.4.5: Concurrency Standard for TCMA. To maintain concurrency, each TCMA shall maintain 85% of its north-south lane miles and 85% of its east-west lane miles at or above the LOS standards described in Policies 1.3 and 1.4 of the GMP Transportation element. If any Traffic Impact Statement (TIS) for a proposed development indicates that fewer than 85% of the lane miles in a TCMA are achieving the LOS standards indicated above, the proposed development shall not be pemdtted where such condition occurs unless modification of the development is made sufficient to maintain the LOS standard for the TCMA, or the facilities required to mai,~tain Page 156 of 168 Words stl"~,~ck ~.rcug~ are deleted, words underlined are added the TCMA LOS standard are committed utilizing the standards for committed improvements in Policy 1.5.3 of the Capital Improvement Element of the GMP. 3.15.6.4.6. Proportionate share payments for impacts to constrained or deficient roadways in a_ TCMA. Should the TIS for a proposed development reflect that it will impact either a constrained roadway link and/or a deficient roadway link by more than a de minimis amount (more than 1% of the maximum service volume at the adopted LOS), yet continue to maintain the established percentage of lanes miles indicated in subsection 3.15.6.4.5. above, a proportionate share payment pursuant to Rule 9J-5.0055(9), F.A.C. shall be required as follows: 3.15.6.4.6.1. Proportionate share payments shall be calculated using the formula established in Subsection 3.15.3.31.1. The facility cost for a constrained roadway link shall be established using a typical "lane mile cost" as determined by the Collier County Transportation Administrator of adding lanes to a similar area/facility type as the constrained facility. 3.15.6.4.6.2. Proportionate share payments shall be utilized by Collier County to add trip capacity and enhance traffic operations that increase capacity within the impacted TCMA and/or to enhance mass transit or other non-automotive transportation alternatives that reduce vehicle trips within the Transportation Concurrency Management Area. 3.15.6.4.6.3. However, no impact will be de minimis if it exceeds the adopted level-of service standard of any affected designated hurricane evacuation routes within a TCMA. Hurricane routes in Collier County are shown on Map TR7. Any impact to a hurricane evacuation rout~ within a TCMA shall require a proportionate share payment provided the remaining LOS requirements of the TCMA are maintained. 3.15.6.4.6.4. Proportionate share payments under this section are determined subsequent to a concurrency determination for a proposed development within a TCMA and do not influence the concurrency determination process. 3.15.6.4.6.5. In order to be exempt from link specific concurrency, new commercial development or redevelopment within Collier County's desi,.~ated Transportation Concurrency Management Areas (TCMAs) shall utilize at least two (2) of the following Transportation Demand Management (TDM) strategies, as may be applicable: a) Preferential parking for carpools and vanpools that is expected to increase the average vehicle occupancy for work trips generated by the development b) Parking charge that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership. c) Cash subsidy that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership. d) Flexible work schedules that are expected to reduce peak hour automobile work trips generated by the development. e) Compressed workweek that would be expected to reduce vehicle miles of travel and peak hour work trips generated by the development. f) Telecommuting that would reduce the vehicle miles of travel and peak hour work trips. generated by the development. g) Transit subsidy that would reduce auto trips generated by the development and increase transit ridership. h) Bicycle and pedestrian facilities that would be expected to reduce vehicle miles of travel and automobile work trips generated by the development. i) Including residential units as a portion of a commercial proiect that would reduce vehicle miles of travel. j) Providing transit shelters within the development (must be coordinated with Collier County Transit). In order to be exempt from link specific concurrency, new residential development or redevelopment within Collier County's designated Transportation Concurrency Management Areas (TCMAs) shall utilize at least two (2) of the following Transportation Demand Management (TDM) strategies, as may be applicable: a) Including neighborhood commercials uses within a residential proiect. Page 157 of 168 Words .... ~ *~' ..... ~..r~ deleted, words underlined are added b) Providing transit shelters within the development (must be coordinated with Collier County Transit). c) Providing bicycle and pedestrian facilities, with connections to adjacent commercial properties. d) Including affordable housing (minimum of 25% of the units) within the development: e) Vehicular access to adjacent commercial properties. 3.15.6.4.37. Significance test. Impact for traffic impact analysis purposes for a proposed development project will be considered significant: 1. On those roadway segments directly accessed by the project where project traffic is equal to or greater than three percent of the adopted LOS standard service volume; 2. For those roadway segments immediately adjacent to segments which are directly accessed by the project where project traffic is greater than or equal to three percent of the adopted LOS standard service volume; or 3. For all other adjacent segments where the project traffic is greater than five percent of the adopted LOS standard service volume. 4. Once traffic from a development has been shown to be less than significant on any s~gment using the above standards, the development's impact is not required to be analyzed further on any additional segments. 5_:. This significance test is applicable to projects inside and outside TCEAs and TCMAs. 3.15.6.5. Establishment of area(s) of significant influence (ASI) for deficient road segments. If the findings of the AUIR analysis identify additional road improvement projects that would be needed in order to maintain a segment or road facility's adopted LOS, and such projects are not included in the proposed annual CIE road component update adopted by the board, then the community development and environmental services division administrator, in conjunction with the transportation services administrator, may propose to establish one or more areas of significant influence (ASI) for any such deficient road segment. The geographic limits of any ASI must meet the standards in subsection 3.15.6.5.1. of this division. 3.15.6.5.1. Standards in establishing area of significant influence (ASI). The boundaries for an ASI shall include the limits of the roadway segment(s) that are deficient as recommended by the Transportation Services Administrator. 3.15.6.5.2. Review and approval of ASI by board of county commissioners. After receipt of the proposed boundaries of a potential ASI from the Transportation Services Division Administrator, the Board of County Commissioners, shall hold public hearings noticed pursuant to the requirements of~ subsection 2.7.2.3.4. of this Code:~ After final consideration of the proposal and public comment, the board may approve the designation of an ASI, (including a map of the impacted roadway segments), with or without modifications, or determine that competent substantial evidence has been placed on the record to show that the road segment is not deficient and find that the establishment of an ASI is not necessary to ensure that development orders are served by adequate road public facilities. The approved ASI(s) will become effective upon adoption by the Board of Cotmty Commissioners. 3.15.6.5.5. Interim development controls on ASI roadway segments. No final local development order for development directly accessing deficient roadway segments may be approved if it would add more than a de minims number of vehicle trips (i.e., an impact eq::a! tv er greater than one percent of the peak hour service volume) to a deficient roadway segment designated as an ASI. Development of a single-family home on an existing lot, tract or parcel of land will be considered to be de minimis development regardless of the number of actual trips that would be generated. Sec. 3.15.7. Regulatory program: review of development to ensure adequate public facilities are available, including the Transportation Concurrency Management System. Page 158 of 168 Words gm:ok ~ze. ugh are deleted, words underlined are added 3.!5.7.3.!.2. Tr,~,c :m2,~ct ;'cs::n £ ,~r.,~!) vest'.::g ..... : division's .... ~ .... ] *~ ~ ....... : ..... u;~, ,: .... ,^p ................. into an approved ~ ..... r ........ ~ A ....l~p ....... ;11 ~ ~..a, and th: m:gn:rad g ~c~-+; ...... ;-; ..... apprcved P~a! sit~ developments. D'~ing this process cf vesting uno dcvc!cpmcnt to capr~c ~ps er prcv:d:ng may b: ............................ ~ ....... ~ establish ccncm~cnc~ .... ;~.--~- in peseta:9'. Any ~ .... l.p ..... ~'* opts prc','is!cns of ~affic :radios; and upon ............... existing :n pc~.m:~' once 199 percent ~c,~ .... ; ....~ ~anzpc~aticn impact fees based on ccnc'&~cncy ' ~ ' 3.15.7.3.1.2.1. Xnnual mid year Traffic/PUD Monitoring Report. On [the effective date of this division's amen~ent], all d~ve!~pm:~t tea: has ~ issued an SDP are less than 90 percent built-out, must a~ually Sy mad year (~ ar a~ut Ju~e 39t~) sub~t a re'on detailing ~ ~eir progress toward build-out of the development. ~e ~a~c repo~ must be sub,Red as pan of ~e annual PUD monitoring repo~ on the a~versam date of ~e P~ approval by the Board per Section 2.7.3.6. LDC. The ~iaen repo~ must be sub,Ced to, and be in, a fo~t established by the Transpo~ation Ad~nisUator and must indicate any revised esti~tes to the initial build-out schedule and any resulting effect on ~affic impact projections, along with any progress towards completing any developer con~ibution requirements. Traffic~UD Monitoring Repoas which are more than nineW (90) days passl due will result M the suspension of final local development order issuance ~4th for ~e PUD pending receipt of the Report. * * * * * * 3.15.7.3.1.5. Assessment and application of transportation impact fees and surrender of certificate of public facility adequacy. Within 90 days of notification by facsimile that an application for a certificate cfv'~!ic c,.:,,9. ~ ........ final local development order has been approved and a certificate issued, an applicant may pick up the certificate upon payment of one-half (50 percent) of the estimated transportation impact fees due. Such estimates shall be based on the currently approved transportation impact fee rate schedule. If the certificate is not picked up within 90 days and the applicable estimated transportation impact fees paid, the application will be deemed denied and the applicant must reenter the application process from the beginning. Transportation impact fees for residential development will be estimated using the fee based on the mid-range housing size, unless the residential use qualifies as affordable housing. Affordable housing estimated transportation impact fees shall be based on the income limitations for affordable housing in force at the time of a certificate of public facility adequacy application. Additionally, previously vested developments may, pursuant to subsection 3.15.7.3.1.2., elect to have escrowed fees applied against the one-half (50 percent) of estimated transportation impact fees. Payment of these fees vests the development entitlements for which the certificate of public facility adequacy certificate applies on a continuous basis unless relinquished pursuant to the requirements of this section prior to the end of the third year after the initial impact fee payment. The initial 50 percent impact fee payment is non-refundable after payment and receipt of the certificate of public facility adequacy certificate. days prior to the expiration of the three year period for such certificates, the county shall notify the certificate holder via registered mail of the remaining balance due for the estimated transportation impact fees up to 50 percent, based on level of building permits already issued. The balance of the impact fees due will be calculated at the rate schedule then currently applicable. The developer may elect to pay the balance of the estimated transportation impact fees for the entitlements for which the certificate applies or modify the certificate to a lesser entitlement and calculate the balance of the transportation impact fees on the revised entitlements. The certificate of public facility adequacy shall be modified to include only the entitlements for which the estimated transportation impact fees are paid. The expiration date for the remaining, up to 50 percent, balance of the estimated transportation impact fees due from a previously vested development that Page 159 of 168 Words ~ .......... ~.. are deleted, words underlined are added opts into the revised concurrency certificate process as provided in subsection 3.15.7.3.1.2. of this Code, will relate back to the date of issuance of the original certificates. Once the balance of the estimated transportation impact fees are paid, those estimated fees are non-refundable. However, the certificate of public facility adequacy runs continuously with the land in perpetuity after all estimated transportation impact fees have been paid. As building permits are drawn down on the entitlements, the estimated transportation impact fees already paid shall be debited at the rate of the impact fees in effect at the time of utilization. If the estimated transportation impact fee account becomes depleted, the developer shall pay the currently applicable transportation impact fee for each building permit in full prior to its issuance. In the event that upon build-out of the development estimated transportation impact fees are still unspent, the remaining balance of such estimated fees may be transferred to another approved project within the same, or adjacent, transportation impact fee district, provided any vested entitlements associated with the unspent and transferred transportation impact fees are relinquished and the certificate of public facility adequacy is modified to delete those entitlements. 3.15.7.3.4. Procedure for review of application. 3.15.7.3.4.3. Determination of completeness and review. Upon receipt of an application for certificate of public facility adequacy by the Community Development and Environmental Services Division for road facilities, all copies of the application will be time and date stamped. One copy will be forwarded to the Transportation Services Division for processing no later than the next business day. After receipt of the application for certificate of public facility adequacy, the Community Development and Environmental Services Division Administrator and Transportation Services Division Administrator shall determine whether its respective application is complete within five business days. If it is determined that any component of the application is not complete, written notice via facsimile shall be provided to the applicant specifying the deficiencies. The Community Development and Environmental Services Division Administrator and Transportation Services Division Administrator shall take no further action on the application unless the deficiencies are remedied. The applicant shall provide the additional information within 60 days or the application will be considered withdrawn and the application fee is forfeited. Within 20 business days after any application for a certificate except for road facilities is received and the application is determined to be complete, the Community Development and Environmental Services Division Administrator shall review and grant, or deny each public facility component except for roads in the application pursuant to the standards established in subsection 3.15.7.3.5. of this Code. The Transportation Services Administrator shall review and grant, or deny a certificate of public facility adequacy for roads within 20 business days after the application is determined to be complete, subject to the approval of the final development order. 3.15.7.3.4.6 Traffic Capacity Reservation for all or part of the proposed development may b~e approved and secured at application pendin~ approval of the final sub-division plat, site development plan or building permit upon acceptance of the TIS by the Transportation Administrator as part of a complete Application Request (AR) deemed sufficient for review for the proposed development by the CDES Division. The Transportation Administrator will notify the applicant of any traffic capacity reservation via facsimile per section 3.15.7.3.4.3. Traffic capacity reservations will be awarded to the development upon: approval of the COA and final development order per section~3.15.7.3.4.5; payment of road impact fees in accordance with section 3.15.7.3.4.5; and Proportionate Share Payment, if applicable, in accordance with section 3.15.3.31. Traffic capacity reservations approved under this section will expire in one (1) year, from TIS approval and determination of available capacity, unless the final local development order for the development is approved, or the Board approves an extension to the one (1) yem time period. 3.15.7.3.5.6. Road facilities. The road component shall be considered based upon whether the proposed development is outside a designated ASI or within a designated ASI. 3.15.7.3.5.6.1.__Road facilities. The road component shall be considered based upon whether sufficient roadway and intersections capacity is available based on the findings of the Transportation Impact Statement (TIS), which shall be based upon the provisions of subsections 3.15.6.4.1, 3.15.6.5.1.6 and 3.15.7.3.5.7. 3.15.7.2.5.7. Sig.~cancc Tcst. Impact for d .... ~ ......... : ..... ~" ~-~ cena!~ere~ cignificant: Page 160 of 168 Words struck *-u~r,~'-'-g~ are deleted, words underlined are added Sec. 3.15.8. Reserved. (Ord. No. 94-27, § 3; Ord. No. 99-6, § 3.1.; Ord. No. 03-01, § 3.J.) SUBSECTION 3.0. AMENDMENTS TO DIVISION 6.2., ABBREVIATIONS DIVISION 6.2., Abbreviations, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 6.2. ABBREVIATIONS DIVISION 6.2 ABBREVIATIONS AASHTO ACSC ADT through EAB No change EI_._~S FDOT through LDR No change NBMO NOAA NRPA PSP RFMU RLSA SDP through SEC No change TDR No change Big Cypress Area of Critical State Concern. Environmental Impact Statement North Belle Meade Overlay No change Natural Resource Protection Area No change Rural Fringe Mixed-Us.e. Rural Lands Stewardship Area. Transfer of development riehts Page 161 of 168 Words ~ are deleted, words underlined_ are added SUBSECTION 3.P. 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 Adverse Im acts: I acts enerated b land alteration or land use whether ermanent or te ora which as a result of an enwronment or h drolo ~cal ~m act anal ses are hkel to or have been shown to have a ne at,ye ~ act on an of the followm · hsted s ecles and their habitat' natural reservations and other areas of rotected native ye etation' wetlands' surface or roundwater' natural waterbodies' air uali and historic or archeolo ical resources identified by Collier County or the State of Florida... Bonus Credit: A unit re resentin the ri ht to increase the densi or intensi of develo ment within a Rural Villa e to an extent e ual to that achieved throu h TDR Credits u to the minimum required density. [sec.2.2.2½.2.B.3.bj Buildin Actual hei ht o: The vertical d~stance from the avera e centerline elevation of the ad'acent roadwa s to the h~ hest structure or a urtenances without the exclusions of section 2.6.3.. Building, Zoned height of: The vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip, and gambrel roofs. Existing grade shall not b_e altered to gain building height. Where minimum floor elevations have been established by law or Cermit requirements, the building height shall be measured from such required minimum floor elevations. (See section 2.6.3, Exclusions from height limits, and off-street parking within a building [section 2.6.3.2].) Required minimum floor elevations shall be in conformance with the Collier County Building Construction Administrative Code (Ordinance No. 91-56, section 103.2.1.d [Code § 22-47(a)(4)], as amended) and, if necessary, FDEP requirements for minimum habitable first-floor structural support. Inffas~acVarz in supp.c~ cf*Ne b,.:~!d!ng, s'acb~ as me.chan~-c~ ~n tke ~etenzr2nat!cn of b'ai!d~g hc:.ght~ Rooftop recreational space and accessory facilities are also exempted from the limitations established for measuring the height of buildings. Cabana: An accesso structure romd~n shelter for recreational use wath or wathout todet facilities, not to be used for living quarters. Civic and institutional buildin s: Structures develo ed for and/or used b established or anizations or foundations dedicated to ublic service or cultural activities includin but not limited to, the arts, education, government and reliaion. Cluster Development: A design technique allowed within residential ~districts by c~adit~iO-u~ or where residential development is an allowable use. This form of development employs a more compact arrangement of dwelling units by allowing t0r, o_r requiring as the case may be~ reductions in the standard ~ lot size_ and yard..requirements of the applicable zoning district, b~9,ac:~l-in order to: increase common open space; reduce the overall development areax reduce alterations and im acts to natural resources on the s~te' to reserve add~tlonal native ve etation and habitat areas' and to reduce the cost of rovidin services includin but not limited to central sewer and water. (See s:ct!~n 2.6.27¢ Page 162 of 168 Words ~ are deleted, words underlined are added CON District: Lands that are enerall de icted on the Future Land Use Ma and more s ecificall de ictedonthe Official Zonin Atlas as Conservation. sec.2.2.17 Densi Blendin : The distribution of the ross densi or intensi allowable on a arcel or parcels throughout those parcels_. Development and production, oil and gas field: Activities and facilities involved in developing petroleum and natural gas resources following successful exploration as defined by or in the context of Florida Statutes and Administrative Code, which may include the construction of all- weather access roads and pads, development drilling, installation of crude oil pipelines, flowlines and gathering lines, in-field separation and temporary housing facilities for personnel requisite to the operation of these facilities and activities. (See Oil extraction and related processin~ Environmental Impact Statement (EIS).: A document required as per divizi~n 2.g or documents that rovide an ob'ective evaluation of the im acts of a ro osed develo ment or other alteration of the existin natural conditions on the natural resources environmental uali and listed s~ecies_. ...... ~ ~, ..... .~-~ ....~;,ide water, sewer, gas, tz!zp.~cne, Essen!ia.l ~Services: ~ ~ler':gn~7 -':~ vt~ ........ t-- . . . Those services and facilities includin utilities safe services and other ovemment services necessa to romote and rotect ublic health safe and welfare includin but not limited to the followin: olice' fire emer enc medical ublic ark and ublic libra facilities' and all services desi ned and o erated to rovide water sewer as tele hone electrici cable television or communications to the eneral ubhc b rowders that have been a roved and authorized accordin to laws havin a ro riate 'urisdiction and ovemmental facilities. Exploration, oil and gas: Activities and facilities involved in the search for and subsequent production testing and field delineation of discovered petroleum and natural gas resources as defined by or used in the context of Florida Statutes and Administrative Code, which may include geophysical exploration activities and surveys, construction of temporary access roads and pads, exploratory drilling and the in-field separation and removal of test production. (See Oil extraction and related processingl Flowwa: A natural or manmade swath of land va m ~n w~dth and len th rowd~n for the conve anceofwater rimarfl sheet f iow dunn seasonall wet enods enerall from northto ~south, and providing beneficial wildlife habitat and aquifer recharge. Grad~: An :ztab!is?,ed ,e!evatizn. Grade: A reference lane re resentin the avera e of finished round level ad'oinin the buildin at all exterior walls. When the finished round level slo es awa from the exterior walls the reference lane shall be established b the lowest oints within the area between the buildin and the lot line or between the buildin and a oint 6ft 1829 mm from the buildin whichever is closer to the building. Greenbelt: A re uired buffer and o en s ace area surroundin a Rural Villa e. sec. Guest House o_r Cottage.'. An accessory dwelling uai~-stmcture which wAgSt ar ................... ~ ~ is attached to or detache__ d frorn~ a principal ~welling located o_~n th__ee same residential parcel_ an__jd which an accessor~ dwelling serves_ as a__.n ancillary us__~e providing ~ ~ fo_Ir th_~e ~ o_f th_~e princil~al dwellin~ their temporar~ guests_ or thei___!r domestic. ~ ~nd. which ~ _contain kitchen, facilities, v,'hiz5 is inzc~orated, aX~kzd tz, er · · ' ; and vel!ch ia .... ~ exclusively for thc nonccw~'~.e~ci~ d-wegm~. Guesthouses or cottages are not permitted in development that is receiving an AHDB. (See section[s] 2.6.14 and 2.7.7.) Guest uarters/Guest Suites: An attached or detached room or suite which could be used as a te ora slee in accommodation which is inte ated as art of the rinci al use of the roe and ma contain mnmn water as lon as ~t ~s not confi ured or of a size that ma accommodate a kitchen. Housine. Affordable: One or more residential dwelling units with a monthly rent or monthl~ mortgage payment, i~cluding propert~ taxes and insurance, not in excess of 1/12 of 30 percent of an amount which re resents 50 ercent or less for ve low income 50 ercent to 80 ercent for low income or 80 ercent to 100 ercent for moderate income of the median ad'usted ross annual income for the household as ublished annuall b the U.S. De artment of Housin and Urban Develo ment within the Na les Metro olitan Statistical Area MSA. See section 2.7.7. The term affordable housin includes workforce housin which is limited to owner occu ied Page 163 of 168 Words ~ are deleted, words underlined are added housin with a monthl mort a e a ent includin roe taxes and insurance not in excess of 1/12 of 30 ercent of an amount which re resents 50 ercent to 100 ercent of the median ad'usted ross annual income for the household as ublished aunuall b the U.S. De artment of Housin and Urban Develo ment within the Na les Metro olitan Statistical Area MSA. See Housin Wor orce: Owner occu ~ed hous~n w~th a monthl mort a e a ent includin roe taxes and insurance not in excess of 1/12 of 30 ercent of an amount which re resents 50 ercent to 100 ercent of the median ad'usted ross annual income for the household as ublished annuall b the U.S. De artment of Hous~n and Urban Develo ment within the Na les Metropolitan Statistical Area (MSA). (See section 2.7.7.) Kitchen Prima .. A room in a rinci al dwellin which is used desi ned and intended for the re aration and cookin of food often where meals are also eaten. Kitchen, Secondary: A kitchen, accessory in function to the primary kitchen, located within and only accessible through the principal dwelling unit_. Native Vegetation: Native vegetation means Nnative s_gouthem Floridian species as determined by section 2.4.4.)- Where this code refers to~ accepted valid scientific references identified in or re uires retention of existin native ye etat~on the term native ve etat~on ~s further defined as ..... · ~*;v~ communi havin 75% or less cano covera e ofmelaleuca or other invasive exotic plant species. Natural Reservation: The term natural reservation refers to lare areas set aside for natural . resource rotection conservation and reservation and includes: onl Natural Resource Protectxon Areas NRPAs ' and lands desi nated Conservation on the Collier Coun Future Land Use Ma includin but not limited to Ever lades National Park Bi C tess National Preserve Florida Panther National Wildlife Refu e Fakahatchee Strand State Preserve Collier-Seminole State Park Rooke Ba National Estuarine Research Reserve Delnor-Wi ins Pass State Recreation Area and the National Au~ Corkscrew Swam Sanctua · Natural Waterbod .' A namrall occurrin lake ond la oon river strea creek or the like or the Gulf of Mexico and an tidal watersofthe ulfincludin bas ba ous inlets canals or channels_. Nei hborhood Center: A centrall located area within a nei hborhood of a Rural Villa e that ma include small-scale service retail and office uses and shall include a ublic ark s uare or een. Neutral Lands: Lands located within the RFMU D~stnct that are enerall de iected located on the Furore Land Use Ma and more s ecificall de icted on the Official Zonin Atlas as Neutral Lands. [sec.2.2.2~A.3] North Belle Meade Overla BMO .' Lands located within the RFMU District that are enerall de icted on the Future Land Use Ma and more s ecificall de icted on the Official Zonin _Atlas, as the North Belle Meade Overlay. [sec. 2.2.31] Oil extraction and related rocessin: Oil and as ex loration drillin and roduction o erations and shall not be deemed to be industrial land uses and shall continue to be re ulated b all a licable federal state and local laws. Oil extraction and related rocessin includes oil and as ex loration and oil and as field develo ment and roduction as defined above. Open Space: ' ' recreation arzas. Areas that are not occu ied b buildin sim ervious arkin areas streets drivewa s or loadin areas which ma be e ui ed or develo ed with amenities desi ned to encoura e the use and en'o ent of the s ace either rivatel or b the eneral ublic. Exam les of o en s ace include: areas of reserved indi enous native ve etation' areas re lanted with ve etation after construction' lawns landsca ed areas and reenwa s outdoor recreational facilities' and lazas atriums co ards and other similar ublic s aces. ,0, .... c,,,~ Space tThose areas within or related to a Open Space, Common: ye. ......... w-- mean: _ development, not in individually owned lots or de~;.cate~ f.~r p.,~!;.c uge, ~ut -::k;.c~ ~ designed and intended to be accessible to, and for the common use or enjoyment of, the residents of the development, or the general public.. Open Space, Usable: Active or passive recreation areas such as playgrounds, tennis courts~ golf courses, beach frontage, waterways, lagoons, floodplains, nature trails and other similar open spaces. Usable_. Open space areas shall also include those portions o.f areas set aside for preservation of native vegetation and o___r landscaped areas, which are accessible to and usable b~ Page 164 of 168 Words s~ are deleted, words _underlined are added ~ or the eneral ublic. Open water area beyond the perimeter of the site, street rights-of-way, ' · , driveways, off-street parking areas, and off-street loading areas shall not be counted in determining usable open space. Pathwa: A defined corridor for the rima use of non-motorized travel. RFMU District: Rural Frin e Mixed Use District. The area enerall de icted on the Future Land Use Ma and s ecificall de icted on the Official Zonin Atlas as the Rural Frin e Mixed Use District which is enerall a transition between the Urban and Estates Desi nated lands and the Urban and A ricultural/Rural and Conservation desi ated lands farther to the east. sec. 2.2.2% RFMU Receivin Lands: Lands located within the RFMU District that are enerall de icted on the Future Land Use Ma and more s ecificall de icted on the Official Zonin Atlas as Receiving Lands. [sec. 2.2.21/2.2] RFMU Sendin Lands: Lands located within the RFMU District that are enerall de icted on the Future Land Use Ma and more s ecificall de icted on the Official Zonin Atlas as Sendin Lands. [sec.2.2.21/2.4] Rural Villa e: A form ofdevelo ment w~th~n RFMU Rece~wn Lands that ~ncludes the followm mixture uses: residennal housan es ~nst~tutaonal uses commercial uses and recreanonal uses and co rised of several nei hborhoods desi ned in a eom act nature such that a ma'ori of residential develo ment within comfortable walkin distance to the Nei hborhood Centers. sec. TDR Credit: A unit representing the right to increase the density or intensity of development on a - arcel obtained throu h a Transfer ofDevelo ment Ri hts. sec. 2.6.39 Trans er o Develo merit Ri hts: The transfer of develo ment ri hts from one arcel to another arcel in a manner that allows an increase in the densi or intensi of develo ment on the receivin roe with a corres ondin decrease in the remainin develo ment ri hts on the Ve etation Cate o I Invasive Exotic: Invasive exotic ye etation that is alterin native ve etation communities b d~s lac~n native lant semes chan _m. the structure or ecolo ical functions of native lan communities or h bridizin with native semes. Ve etation Cate o II Invasive Exotic: Invasive exotic ve etation that has increased in abundance or fre uenc but have not et altered native lant communities b dis lacin native lant s ecies chan in the structure or ecolo ical functions of native lan communities or hybridizing with native species. Ve etation Exotic: A lant s ecies introduced to Florida osefull or accidental1 from a natural ran e outside of Florida. The terms Exotic ve etation and Normative ve etation are interchan eable. Exotic ve etation includes Naturalized Ve etation and Cate o I and Cate o II Invasive Exotics. Vegetation, Native: A plant species whose natural range included Florida at the time of European Contact (1500 AD).. Ve etation Naturalized: Exotic ve etation that sustains itself outside cultivation but is not prohibited exotic vegetauon: Ve etation Prohibited Exotic: Cate o I or Cate o II Invasive Exotic Ve etation limited to the following: specifically include the following: ' , '' ' seeds, cf th: fc!!~;;'ir.~'.' Earleaf acacia (Acacia auriculiformis). Australian pine (Casuarina spp.). Melaleuca (Melaleuca spp.). Catclaw mimose (Minosa pigra). Downy rosemyrtle (Rhodomyrms tomentosa). Brazilian pepper (Schinus terebinthifolius). Java plum (Syzygium cumini). Women's tongue (Albizia lebbeck). Climbing fern (Lygodium spp.). Air potato (Dioscorea bulbifera). Lather leaf (Colubrina asiatica). Carrotwood (Cupaniopsis anacardioides). Villa e Center: A distinct area within a Rural Villa e that serves as the rima location for commercial uses includin retail and office and of civic and overnment uses. Page 165 of 168 th ..... [ ~ deleted, words underlined are added Words s~':!: ..... ~, ..... --- Wetlands: ,~ ~-, ~ ....... ~;~., ~ ~ n Wetlands as set forth in Section 373.019 Florida Statutes. The terms "Wetlands" and "Jurisdictional Wetlands" as used m th~s Code shall bc synonymous. Wetland Function: A uantitative and ualitative measure of the de ee to which a 'urisdictional wetland rovides h drolo ic and habitat or other benefits for listed s ecies measured usin the Unified Wetland Miff ation Assessment Method F.A.C. Cha ter 62-345. Yard, front: The required open space extending across the entire width of the lot between the front building line and street right-of-way line. Where double-frontage lots exist, the required front yard shall be provided on both streets except as otherwise provided for herein. Where comer lots of record existed prior to the date of adoption of Collier County Ordinance No. 82-2 [January 5, 1982], which lots do not meet minimum lot width or area requirements established in this Code, only one full depth front yard shall be required. In all zoning districts, the full depth front yard requirement shall apply to the front yard which has the shorter or shortest street frontage. In all zoning districts, except the E (estates) zoning district, the setback requirement for the remaining front yard(s) shakLaot may be reduced to ~ 50 percent of the full front yard setback requirement for that district, exclusive of any road right- of-way or road right-of-way easement. For setbacks for E (estates) zoning, see. Sectio_n 2.2.3.4.3. " ' SUBSECTION 3.Q. AMENDMENTS TO APPENDIX D, AIRPORT NOISE ZONING MAP APPENDIX D, Airport Noise Zoning Map, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: Page 166 of 168 Words struck ',?xc',:'gh are deleted, words underlined are added APPENDIX D-AIRPORT ZONING App. D, App. II APPENDIX II. NAPLES MUNICIPAL AIRPORT NOISE ZONE MAP (SEE SECTION 2.2.23) 60 PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE: 7/0.3 FILE: AiRPORT-NZ-2-2OO3.DWG SCALE: 0 1500 3000 6000 Feet Page 167 of 168 Words r,l~mc, gvlll~qmgh are deleted, words underlined_ are added SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be 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 d,ay of ,2004. ATTEST: DWIGHT E. BROCK, CLERK COMMISSIONERS BOARD OF COUNTY OF COLLIER COUNTY, FLORIDA By: Deputy Clerk Approved as to form and legal sufficiency: ~.)~} Patrick G. White Assistant County Attorney By: "'"' - .... CHAIRMAN Page 168 of 168 Words :~-'-"..k ~:r.~ugk are deleted, words underlined are added January 16, 2004 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: ORD.AMEND.ORD.91-102-LDC-2003 CYCLE 3(10 DAY LEGAl) Dear Georgia: Please advertise the above referenced notice on Sunday, February 1, 2004, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O./Account # 113-138312-649110 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on WEDNESDAY, FEBRUARY 11, 2004, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 5:05 P.M. The title of the proposed Ordinance is as follows: 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 2, ZONING, DIVISION 2.2, ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, INCLUDING REVISIONS TO THE RURAL AGRICULTURAL DISTRICT, ADDING THE RURAL FRINGE MIXED USE DISTRICT, INCLUDING REVISION TO THE ESTATES DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL SINGLE-FAMILY DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL MULTIPLE-FAMILY-6 DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL MULTIPLE-FAMILY- 12 DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL MULTIPLE- FAMILY-16 DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL TOURIST DISTRICT, INCLUDING REVISIONS TO THE VILLAGE RESIDENTIAL DISTRICT, INCLUDING REVISIONS TO THE MOBILE HOME DISTRICT, INCLUDING REVISIONS TO THE COMMERCIAL PROFESSIONAL AND GENERAL OFFICE DISTRICT, INCLUDING REVISIONS TO THE COMMERCIAL CONVENIENCE DISTRICT, INCLUDING REVISIONS TO THE COMMERCIAL IMTERMEDIATE DISTRICT, INCLUDING REVISIONS TO THE GENERAL COMMERCIAL DISTRICT, INCLUDING REVISIONS TO THE HEAVY COMMERCIAL DISTRICT, INCLUDING REVISIONS TO THE INDUSTRIAL ZONING DISTRICT, INCLUDING REVISIONS TO TEH CONSERVATION DISTRICT, INCLUDING REVISIONS TO THE PUBLIC USE DISTRICT, INCLUDING REVISIONS TO THE COM/~I~NITY FACILITY DISTRICT, INCLUDING REVISIONS TO THE PLANNED UNIT DEVELOPMENT DISTRICT, INCLUDING REVISIONS TO THE RURAL LANDS STEWARDSHIP AREA OVERLAY DISTRICT; DIVISION 2.3, OFF-STREET PARKING AND LOADING, INCLUDING REVISIONS TO PASSENGER VEHICLE PARKING IN CONJUNCTION WITH RESIDENTIAL STRUCTURES, INCLUDING REVISIONS TO OFF-STREET LODAING REQUIREMENTS; DIVISION 2.4, REVISIONS TO LANDSCAPING AND BUFFERING; DIVISION 2.5, SIGNS, INCLUDING REVISIONS TO REAL ESTATE, AND POLE OR GROUND SIGN REQUIREMENTS; DIVISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS, INCLUDING REVISIONS TO EXCLUSIONS FROM HEIGHT LIMITS, INCLUDING ESSENTIAL SERVICES, INCLUDING REVISIONS TO BOATHOUSE REQUIREMENTS, INCLUDING REVISIONS TO TEMPORARY USE PERMITS, INCLUDING REVISIONS TO COMMUNICATION TOWERS, INCLUDING REVISIONS TO KITCHENS IN DWELLING UNITS, ADDING TRANSFER OF DEVELOPMENT RIGHTS, ADDING DENSITY BLENDING, DIVISION 2.7, ZONING ADMINISTRATION AND PROCEDURES, INCLUDING REVISIONS TO PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, INCLUDING REVISIONS TO CONDITIONAL USE PROCEDURES; ARTICLE 3, DEVELOPMENT REQUIREMENTS, DIVISION 3.2, SUBDIVISIONS, INCLUDING REVISIONS TO APPLICABILITY SUBDIVISION REVIEW PROCEDURES, PRELIMINARY SUBDIVISION PLAT, IMPROVEMENT PLANS, AND FINAL SUBDIVISION PLAT REGULATIONS; DIVISION 3.3, SITE DEVELOPMENT PLANS, INCLUDING REVISIONS TO EXEMPTIONS, INCLUDING REVISIONS TO SITE DEVELOPMENT PLAN REVIEW (SDP) PROCEDURES; DIVISION 3.5 EXCAVATION, INCLUDING REVISIONS TO LITTORAL SHELF PLANING AREA AND EXCAVATION REVIEW PROCEDURES; DIVISION 3.8, INCLUDING REVISIONS TO ENVIRONMENTAL IMPACT STATEMENTS; DIVISION 3.9, INCLUDING REVISIONS TO VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.11, INCLUDING REVISIONS TO ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION; DIVISION 3.12 COASTAL ZONE MANAGEMENT, INCLUDING REVISIONS TO DEVELOPMENT STANDARDS AND REGULATIONS; DIVISON 3.15, INCLUDING REVISIONS TO ADEQUATE PUBLIC FACILITIES; AND ARTICLE 6, DEFINITIONS, DIVISION 6.2 ABBREVIATIONS; DIVISON 6.3, INCLUDING REVISIONS TO DEFINITIONS; APPENDIX D, AIRPORT ZONING; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. Copies of the proposed Ordinance are available for public inspection in the Current Planning Section, Community Development Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. NOTE: All interested parties are invited to appear and be heard. Ail persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/ Ann Jennejohn, Deputy Clerk (SEAL) Ann P. Jenneiohn To: SubJect: Georgia (E-mail) LDC 2003-CYCLE 3 10 day legal ad Hi Again Georgia, Please advertise the attached on Sunday, February l, ZOO4. Thank you, Ann Minutes & Records Ord.Amend.Ord.91 LDC-2003-C¥cle -102-LDC 2003-... 3-(10 day)2-11-... Ann P. Jenneiohn From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Friday, January 16, 2004 4:03 PM Ann P. Jennejohn Delivered: LDC 2003-CYCLE 3 10 day legal ad LDC 2003-CYCLE 3 10 day legal ... <<LDC 2003-CYCLE 3 10 day legal ad>> Your message To: Georgia (E-mail) Subject: LDC 2003-CYCLE 3 10 day legal ad Sent: Fri, 16 Jan 2004 15:51:37 -0500 was delivered to the following recipient (s): legals on Fri, 16 Jan 2004 16:02:55 -0500 Ann P. Jenneiohn From: Sent: To: Subject: postmaster@clerk.collier.fl .us Friday, January 16, 2004 3:57 PM Ann P. Jennejohn Delivery Status Notification (Relay) A'l-1'258005.txt LDC 2003-CYCLE 3 10 day legal ... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals~naplesnews.com LDC 2003-CYCLE 3 10 day legal ad Page 1 of 1 Ann P. Jennejohn From: legals [legals@naplesnews.com] Sent: Friday, January 16, 2004 4:23 PM To: Ann P. Jennejohn Subject: RE: LDC 2003-CYCLE 3 10 day legal ad rcvd to run feb 1 thanks georgia ..... Original Message ..... From: Ann P..lennejohn [mailto:Ann..lennejohn@clerk.collier.fl.us] Sent: Friday, January 16, 2004 3:52 PM To: Georgia (E-mail) Subject: LDC 2003-CYCLE 3 10 day legal ad Hi Again Georgia, Please advertise the attached on Sunday, February 1, 2004. Thank you, Ann Minutes & Records <<Ord.Amend. Ord.91-102-LDC 2003- Cycle 3-10 day legal.doc>> <<LDC-2003-Cycle 3-(10 day)2-11-04 .doc>> 1 / 16/2004 Naples Daily Ne~s Naples, FL~-4102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 58789910 113138312649 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said NOTICE OF INteNT TO ~tO~R ORDINANCE Notice IS her~ y J~ven that ~ WEDNESDAY, FEB-I ~ s r~ on ! !la!no~ Cgll_ler, ~ounty ec~emment · r.a of coup_ p c~sloners ~iill ~onslder' the r er,.~ctrnent ~of ' ¢<)~ C)rd~; ~he mee~ting AN O~m~Ce ~ O~I~NCE ~UMBER a I~ULATI~S FORa THE UNiNcOR~TED F~ ~ CO,U.!ER.COUNTY,:R.O~IDA, BY PROVIDING i OR: SECTION ONE, gECIT/d.S= SECTION TWO, FIND- NGS OF FAOT: ~E(~T, ION -_T~__EE~ ADOP;Ij~)N OF ,AMENDM~$ TO Yi~E"~-,A~ :~-.~T P~v..ODE, V ;RIN~ :MI~ ~ ~1~ ~ RE- ~S TO ~-~, SI~FA~LY DIS- TRACT, I~DI~ R~ISIONS TO THE R~IDENTIAL MULTIPLE-FAMILY-6 DISTRICT, INCLUDING REVI- SIONS TO THE ~LTIPLE~AMILY-~2 DBTRICT, IN- CLUDING REVISIONS TO THE R~IDENTIAL MULT- PLE-FAMILY.16 ~S~CT, I~UDING REVISIONS TO T~E R~IDE~IAL T~RI~ ~1~. INdUiNG RE- V SI~S TO ~VlL~ R~AL D~ IN- CLUDING REVISIDNS ~ THE MOBILE HOME ~IS- TRICT, INCLUDING RE~SIONS TO ~E COMMERCIAL ~ ROFESSIO~L AND ~E~L OFFI~ CO~ERCIAL j ONVENIEN~ DIS~T, INCLUDING R~ISIONS TO[ THE INTERMEDIATE DISTRICT, INCLUDING REVI- SIONS TO ~E GENERAL COMMERCIAL ~ISTR~ IN- CLUDING REVISIONS TO THE HEAVY COMMERCIAL ~ L' ZON~G DI~, IN~ING ~l~$ TO T~ ] CONSERVATION DISTRICT, I~LUDING REVISIONS~ TO THE PUBLIC USE D~TR~ INCLUDING REVI- SIONS ~o THE ~MMUm~ ~AC~L~ ~ CT, ~N- ~DING R~IS~ONS ZO THE P~NNE~ UNiT ~EL- MENT DISTRICT, INCLU~NG REVISIONS TO THE ~URAL ~ND5 STEW~R~HIP AREA O~RLAY DIS- TRICT, ADDING THE NA~L RE~URCE PROTEC- ~ON A~ O~Y a~i~, A~l~ ~E NORTH ~L~E M~ O~ ~ISTmCT; m~N ~..OEF- REET ~RKING ~N~ LOADING, INCLUDIN~ REVI- SItS TO PA~GER VEHICLE PARKING IN CON- JUNCTION WITH RESIDENTIAL STRUCTURES, IN- Collier County, Florida, for a period of 1 year CLUDING REVISIONS TO OFF-STREET LOADING RE- .... UIREMENTS; DIVISION 2.4 REVISIONS TO - _n~e~x_t_~p_re~cedmng t~he~flr.st, pubZ.lcatlo~n ?f~. th.e ~CLAPINGAND BUFFERING' ~IVISION 25, SIGNLsA. fII~- ~ucacnec~ copy oz amveruzsemenu; ann aEElanE CLUDIN~REVI~IOK~ TO ~L ESTATE, ~NI~ POLl OR further says that she has neither aid nor pGROU~$1GN RE UIREMENTS; c~VISlC)N 2.6 SUP- P LEME~(~AL DIS~I~T REGULATIONS INCLUDING promised any person, firm or corporation any REVISIO~ TOdEXCLUStONS:FROM HEIGHT LIM TS ....... INCLU~II~G ESSENTIAL SERVICE~ INCLUDING REVI discount, rebate, commission or reruno ]:or T:ne SION~-~"'B~ATHOUSEI~mlIRE~TS I~UDIN purpose of securing this advertisement for NCLUD- ..... 0 COMMUNICATION TOWER~ IN publ~ct~on ~n 5ne sa~ newspaper. CL#plNG R[VISIONS TO KITCHEN~ IN DWEL'~IN~ GNrTS ADDING TRANSFER OF DEVELOPMENT~ ...... RIGHTS, ADDING DENSITY BLENDING. DIV SION 27. PUBLISHEJ3 ON: U2/(31 ZONING ADMINtST~AT ON AND PROCEDURES, I~:i CLUDING REVISIONS TO PLANNED UNIT DEVELOP* MENT (PUD)PROCEDURES, INCLUDING REVISIONS i TO CONDITIONAL USE, PROCEDURES; ARTICLE 3 DE* VELOPMENT REQUIREMENTS, DIVISION 3.!, SUBDIVI- SIONS, INCLUDING REVISIONS TO APPLICABILITY i SUBDIVISION REVIEW PROCEDURES PRELIMINARY I SUBD V SION PLAT, IMPROVEMENT ~LANS AND FI- AD SPACE* 292 000 INCH .N.A_L~%U_.Bp. Jyt~pN_ PLAT REGUA~ONS; revisiON ~.~ I * ' ~c u~vmLuPMi~NT PLANS, INCLUDING REVISION~I .............................. ...... ........................ Sworn to and Subscribed bef.ore me this ~ day of. /~__~ Personally known by me ~Z~//~h~A~ /~/~-~ S~NTM~'~R~?OA~U~ILATt~S~CNN~S;A~iV~s~L3~O.P~pEsM~E~!~ // CLU6,NG REVISITS ~ ....... ~AT NS: IS N 6.3, ~NCLUDING REVIS~ONS~ .%~i~.~!.?~,~ ~t0ulelI 5usB0n~ TO DEFINITIONS APPENDIX D, AIRPORT ZONING; "~ "-~'"' ....... N# DD254659 E×@~E$ SECTION FOUR CONFLICT AND SEVERARILITY; SEC- ": ~ :- ....... LUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX. EF- Persons wishing to have written or graphic ma- ! tar & S i~cluded ]n the Board ageqd_a pa~. sat~rt~rU~ot I FECTIVE DATF. submIt said material a minimum ot ~ wee~s pr~..r. [ the respective p.uhll~. I~. art~g. I.n any .ca~.., w_rl~en~ Cop(gs .of the proposed Ordnance m'e avaIlable for materIals tntenaed to oe consloereo Dy the uoar~ _puolIc m..s~e_ctlon. In' the cu~e.nt planning Section, shall be submitted to the appropriate County staff commun~W I~evelopment Services center, z800 N. a m n mum of seven da~s prIor to the public.hear- Horseshoe DrlYe, Naples, FlorIda, between the lng. All material used in presentations before, the hours of S:00 A.M. ~ 5:00 p.M., Monday through Board will become a permanent part of the recoro. Any person who decides to appea a decision of the Board will need a record of the p~oceedlngs pertaining thereto and therefore, may need to en- sure that a verbatim recOrd of. the proceedings is made, which record includes the testimony and evidence uPOn which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA fl~L&, CNAIRMAN DWIGHT E. BROCK, CI~RK By: /s/ann Jenenjoi~ Deputy Clerk (~)' ~ ~n. 4~3087c; Friday, NO.T,~ .All i~e.re..stod parties are Invited to appear and =.e ..negro, Ail.pa .r~gf~' wishing to speak o~ any .ai[len~a. ito. m .mus~ regt~-e...r with the County admln- !stra~.or. prior :to pl~..s~_q-~a~.lOn of. the agenda item to De aaaressea, malvldual; speal~ers will be Ilmltod to, 5 m, trmtes oq any item. The selec~don of an Indl- vmuai to ~ on bM~l_ f of ~ organization or m~% a s~~ far a ,~ er ~Ofl- HP Fax 1230 Last Transaction Date Time Tv~e Feb 12 1:59PM Fax Sent Log for Minutes & Records 2397748408 Feb 12 2004 2:02PM Identification 96436968 Duratiorl P_ag~ Result 2:13 9 OK Collier County, Florida REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS TO: Clerk to the Board: Please place the following as a: Normal Legal Advertisement / XX / Other: (Display Adv., location, etc.) ~ page display ad; map attached, 18 point Originating ........................................................... Dept/Div: Person: ~**~**-*:~~~'~ e ............................//2 (Sign clearly) Department of Zoning and Land Development Review Petition No. (If none, give brief description LDC-03- Cycle III Petitioner: (Name & address): Russell Webb, Department of Zoning and Land Development Review, 2800 N. Horseshoe Drive Name & Address of any person(s) to be notified by Clerk's Office: (If more space needed, attach separate sheet) Hearing before: /--X77-/ BCC / / BZA ---7--- / Other Requested hearing date:~2/11/04 Based on advertisement appearing ~ days before hearing. Newspaper(s) to be used: (Complete only if important / /, /XXXX/ Naples Daily News or legally required /-----/) /------/ Other Proposed Text: (Include legal description & common location & size): LDC-03-Cycle iii - 2/11/04 - See attached 2/11/04 BCC Ad Companion petition(s), if any, & proposed hearing date: Does Petition Fee Include Advertising Cost? Yes "'xXX No /-----7- If yes, what account should be charged for advertising costs: mmmmmmmm mmml mmmmmmmmmmmmmmmmmmmmmmmmmmlmmmmlmmmmml mmmmmmmmmmmmmmmmmmmmmmlm mmmmmmmlmmmm mmmmmmmm Department Head/~~,..--~.Ta~e ?2.rOt~ County Manager List Attachraent~: (1) ' (2) (3) DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. NOTE: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submittin~ to County Manager. The Manager's Office will distribute copies: /-----/ County Manager agenda file; /------7 Requesting Division; /------f Original to Clerk's Office B. Other hearings: Initiating Division Head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY Date ReceivedDate of P.H. Date Advertised ~/6/O~ COLLIER COUNTY GOVERNMENT Community Development and Environmental Services Division CURRENT PLARIININ~ Scrvices Department · 2800 North Horseshoe Drive · Naples, Florida 34104 January 21, 2004 Naples Daily News 1075 Central Avenue Naples, Florida 33940 ATTENTION: LEGAL ADVERTISING Dear Ms. Perrell: Please publish the following public notice for a Display, ¼ page, with map attached, Legal Notice in your edition of February 5, 2004, and furnish proof of publication of each advertisement to the Collier County Development Services Building, Current Planning, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Cecilia Martin and PLEASE SEND DUPICATE ORIGINAL to Patrick G. White, Esquire, ACA, Collier County Attorneys Office, 2800 North Horseshoe Drive, Suite 300, Naples, Florida 34104. February 11, 2004 BCC PUBLIC HEARING NOTICE OF LAND DEVELOPMENT CODE CHANGE AND PROPOSED ORDINANCE(S) Notice is hereby given that on February 11, 2004, at 5:05 P.M., in the Board of County Commissioners Meeting Room, 3rd Floor, Harmon Turner Building "F," Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners, proposes to take under advisement amendments to the Collier County Land Development Code leading to passage of one or more Ordinances, the title of which is as follows: 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 TVVO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 2, ZONING, DIVISION 2.2, ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, YARD REQUIREMENTS, INCLUDING REVISIONS TO THE RURAL AGRICULTURAL DISTRICT, ADDING THE RURAL FRINGE MIXED USE DISTRICT, INCLUDING REVISIONS TO THE ESTATES DISTRICT, INCL.,REVISIONS TO THE RESIDENTIAL SINGLE- Phone (239)403-2400 Fax (239) 643-696~; www.colliergov.net FAMILY DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL MULTIPLE- FAMILY-6 DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL MULTIPLE- FAMILY-12 DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL MULTIPLE-FAMILY-16 DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL TOURIST DISTRICT, INCLUDING REVISIONS TO THE VILLAGE RESIDENTIAL DISTRICT, INCLUDING REVISIONS TO THE MOBILE HOME DISTRICT, INCLUDING REVISIONS TO THE COMMERCIAL PROFESSIONAL AND GENERAL OFFICE DISTRICT, INCLUDING REVISIONS TO THE COMMERCIAL CONVENIENCE DISTRICT, INCLUDING REVISIONS TO THE COMMERCIAL INTERMEDIATE DISTRICT, INCLUDING REVISIONS TO THE GENERAL COMMERCIAL DISTRICT, INCLUDING REVISIONS TO THE HEAVY COMMERCIAL DISTRICT, INCLUDING REVISIONS TO THE INDUSTRIAL ZONING DISTRICT, INCLUDING REVISIONS TO THE CONSERVATION DISTRICT, INCLUDING REVISIONS TO THE PUBLIC USE DISTRICT, INCLUDING REVISIONS TO THE COMMUNITY FACILITY DISTRICT, INCLUDING REVISIONS TO THE PLANNED UNIT DEVELOPMENT DISTRICT, INCLUDING REVISIONS TO THE RURAL LANDS STEWARDSHIP AREA OVERLAY DISTRICT, ADDING THE NATURAL RESOURCE PROTECTION AREA OVERLAY DISTRICT, ADDING THE NORTH BELLE MEADE OVERLAY DISTRICT, AMENDING OR REPEALING THE INTERIM DEVELOPMENT CONTROLS (MORATORIUM) FOR THE VANDERBILT BEACH RESIDENTIAL TOURIST (RT) ZONING DISTRICT; ADDING THE VANDERBILT BEACH OVERLAY DISTRICT; DIVISION 2.3, OFF-STREET PARKING AND LOADING, INCLUDING REVISIONS TO PASSENGER VEHICLE PARKING IN CONJUNCTION WITH RESIDENTIAL STRUCTURES, INCLUDING REVISIONS TO OFF-STREET LOADING REQUIREMENTS; DIVISION 2.4, REVISIONS TO LANDSCAPING AND BUFFERING; DIVISION 2.5, SIGNS, INCLUDING REVISIONS TO REAL ESTATE, AND POLE OR GROUND SIGN REQUIREMENTS; DIVISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS, INCLUDING REVISIONS TO HEIGHT LIMITS, INCLUDING ESSENTIAL SERVICES, INCLUDING REVISIONS TO BOATHOUSE REQUIREMENTS, INCLUDING REVISIONS TO TEMPORARY USE PERMITS, INCLUDING REVISIONS TO COMMUNICATION TOWERS, INCLUDING REVISIONS TO KITCHENS IN DWELLING UNITS, ADDING TRANSFER OF DEVELOPMENT RIGHTS, ADDING DENSITY BLENDING; DIVISION 2.7, ZONING ADMINISTRATION AND PROCEDURES, INCLUDING REVISIONS TO PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, INCLUDING REVISIONS TO CONDITIONAL USE PROCEDURES; ARTICLE 3, DEVELOPMENT REQUIREMENTS, DIVISION 3.2, SUBDIVISIONS, INCLUDING REVISIONS TO APPLICABILITY, SUBDIVISION REVIEW PROCEDURES, PRELIMINARY SUBDIVISION PLAT, IMPROVEMENT PLANS, AND FINAL SUBDIVISION PLAT REGULATIONS; DIVISION 3.3, SITE DEVELOPMENT PLANS, INCLUDING REVISIONS TO EXEMPTIONS, INCLUDING REVISIONS TO SITE DEVELOPMENT PLAN REVIEW (SDP) PROCEDURES; DIVISION 3.5 EXCAVATION, INCLUDING REVISIONS TO LITTORAL SHELF PLANTING AREA AND EXCAVATION REVIEW PROCEDURES; DIVISION 3.8, INCLUDING REVISIONS TO ENVIRONMENTAL -2- IMPACT STATEMENTS; DIVISION 3.9, INCLUDING REVISIONS TO VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.11, INCLUDING REVISIONS TO ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION; DIVISION 3.12, INCLUDING REVISIONS TO COASTAL ZONE MANAGEMENT, DEVELOPMENT STANDARDS AND REGULATIONS; DIVISION 3.13, COASTAL CONSTRUCTION SETBACK LINE VARIANCE; DIVISION 3.15, INCLUDING REVISIONS TO ADEQUATE PUBLIC FACILITIES; AND ARTICLE 6, DEFINITIONS, DIVISION 6.2 ABBREVIATIONS; DIVISION 6.3, INCLUDING REVISIONS TO DEFINITIONS; APPENDIX D, AIRPORT ZONING; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Department of Zoning and Land Development Review, Community Development Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Final adoption of the ordinance will be considered at the February 11,2004 meeting. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Patricia Morgan, Deputy Clerk BCC Ad 2 (5 day) RD 22ND ST SE 20'tH ST S 18TH ST SE aim 23RD ST SW BRANTLEY BLVD ROBIN Rural Fringe Mixed Use Overlay District Legend N o 2 4 Created by GIS / CDES / Environmental Services G:\GISTMP~RF-MUD.mxd G:\lmages',Maps&Aerials\R F MUD.jpg Rural Fringe Mixed Use Districts I I I 8 Mile D PINE RIDG DAVIS BLVD RD RADIO RD Lee County Lee County GOLDEN GATE BLVD OIL WEI Rural Fringe Natural Resource" Protection Area Legend Overlay District Natural Resource Protection Area Overlay District Lee Cou N 0 2 4 8 Miles Lee County Bay IMf RD 31LT BEACH ERD GOLDEN GATE BLVD OIL WELL RD E RADIO RD BLVD I 75 Created by GIS / CDES / EnvironmenlaJ Services G:\GtSTMP~RF_NRPA. mxd G;\I m age s'C/laps&AeriaJs\R F_N R pA jpg Date: 10/27/03 Rural Lands Stewardship Area (RLSA) Zoning Overlay District HENDRY COUNTY z o c) Ld MM KALEE I- 75 C.R. 858' LEGEND RURAL LANDS STEWARDSHIP AREA OV£RLAY R 28 E R 29 E R 30 E -4- ~! I i° January 23, 2004 Attn: Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: LDC-2003-CYCLE 3-(5 DAY) Dear Pam: Please advertise the above referenced notice and 5 maps, (which I have faxed to you) on Thursday, February 5, 2004. This advertisement should be no less than one-quarter page and the headline in the advertisement should be in a type no smaller than 18 point. The advertisement should not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Linda A. Houtzer, Deputy Clerk P.O./Account # 113-138312-649110 FEBRUARY 11, 2004 BCC PUBLIC HEARING NOTICE OF LAND DEVELOPMENT CODE CHANGE AND PROPOSED ORDINANCE(S) Notice is hereby given that on WEDNESDAY, FEBRUARY 11, 2004, in the Board of County Commissioners Meeting Room, 3rd Floor, Harmon Turner Building "F", Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners, proposes to take under advisement amendments to the Collier County Land Development Code leading to passage of one or more Ordinances, the title of which follows: 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 FOLLOWINGs ARTICLE 2, ZONING, DIVISION 2.2, ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, YARD REQUIREMENTS, INCLUDING REVISIONS TO THE RURAL AGRICULTURAL DISTRICT, ADDING THE RURAL FRINGE MIXED USE DISTRICT, INCLUDING REVISIONS TO THE ESTATES DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL SINGLE-FAMILY DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL MULTIPLE-FAMILY-6 DISTRICT, INCLUDING REVISIONS TO THE MULTIPLE-FAMILY-12 DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL MULTIPLE-FAMILY-16 DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL TOURIST DISTRICT, INCLUDING REVISIONS TO THE VILLAGE RESIDENTIAL DISTRICT, INCLUDING REVISIONS TO THE MOBILE HOME DISTRICT, INCLUDING REVISIONS TO THE COMMERCIAL PROFESSIONAL AND GENERAL OFFICE DISTRICT, INCLUDING REVISIONS TO THE COMMERCIAL CONVENIENCE DISTRICT, INCLUDING REVISIONS TO THE COMMERCIAL INTERMEDIATE DISTRICT, INCLUDING REVISIONS TO THE GENERAL COMMERCIAL DISTRICT, INCLUDING REVISIONS TO THE HEAVY COMMERCIAL DISTRICT, INCLUDING REVISIONS TO THE INDUSTRIAL ZONING DISTRICT, INCLUDING REVISIONS TO THE CONSERVATION DISTRICT, INCLUDING REVISIONS TO THE PUBLIC USE DISTRICT, INCLUDING REVISIONS TO THE COMMUNITY FACILITY DISTRICT, INCLUDING REVISIONS TO THE PLANNED UNIT DEVELOPMENT DISTRICT, INCLUDING REVISIONS TO THE RURAL LANDS STEWARDSHIP AREA OVERLAY DISTRICT, ADDING THE NATURAL RESOURCE PROTECTION AREA OVERLAY DISTRICT, ADDING THE NORTH BELLE MEADE OVERLAY DISTRICT,AM MENDING OR REPEALING THE INTERIM DEVELOPMENT CONTROLS (MORATORIUM)FOR THE VANDERBILT BEACH RESIDENTIAL TOURIST (RT) ZONING DISTRICT; ADDING THE VANDERBILT BEACH OVERLAY DISTRICT! DIVISION 2.3, OFF-STREET PARKING AND LOADING, INCLUDING REVISIONS TO PASSENGER VEHICLE PARKING IN CONJUNCTION WITH RESIDENTIAL STRUCTURES, INCLUDING REVISIONS TO OFF-STREET LOADING REQUIREMENTS! DIVISION 2.4, REVISIONS TO LANDSCAPING AND BUFFERING; DIVISION 2.5, SIGNS, INCLUDING REVISIONS TO REAL ESTATE, AND POLE OR GROUND SIGN REQUIREMENTS; DIVISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS, INCLUDING REVISIONS TO HEIGHT LIMITS, INCLUDING ESSENTIAL SERVICES, INCLUDING REVISIONS TO BOATHOUSE REQUIREMENTS, INCLUDING REVISIONS TO TEMPORARY USE PERMITS, INCLUDING REVISIONS TO COMMUNICATION TOWERS, INCLUDING REVISIONS TO KITCHENS IN DWELLING UNITS, ADDING TRANSFER OF DEVELOPMENT RIGHTS, ADDING DENSITY BLENDING, DIVISION 2.7, ZONING ADMINISTRATION AND PROCEDURES, INCLUDING REVISIONS TO PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, INCLUDING REVISIONS TO CONDITIONAL USE PROCEDURES; ARTICLE 3, DEVELOPMENT REQUIREMENTS, DIVISION 3.2, SUBDIVISIONS, INCLUDING REVISIONS TO APPLICABILITY, SUBDIVISION REVIEW PROCEDURES, PRELIMINARY SUBDIVISION PLAT, IMPROVEMENT PLANS, AND FINAL SUBDIVISION PLAT REGULATIONS; DIVISION 3.3, SITE DEVELOPMENT PLANS, INCLUDING REVISIONS TO EXEMPTIONS, INCLUDING REVISIONS TO SITE DEVELOPMENT PLAN REVIEW (SDP) PROCEDURES; DIVISION 3.5 EXCAVATION, INCLUDING REVISIONS TO LITTORAL SHELF PLANTING AREA AND EXCAVATION REVIEW PROCEDURES; DIVISION 3.8, INCLUDING REVISIONS TO ENVIRONMENTAL IMPACT STATEMENTS; DIVISION 3.9, INCLUDING REVISIONS TO VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.11, INCLUDING REVISIONS TO ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION; DIVISION 3.12, INCLUDING REVISIONS TO COASTAL ZONE MANAGEMENT, DEVELOPMENT STANDARDS AND REGULATIONS; DIVISON 3.13, COASTAL CONSTRUCTION SETBACK LINE VARIANCE; DIVISION 3.15, INCLUDING REVISIONS TO ADEQUATE PUBLIC FACILITIES; AND ARTICLE 6, DEFINITIONS, DIVISION 6.2 ABBREVIATIONS; DIVISON 6.3, INCLUDING REVISIONS TO DEFINITIONS; APPENDIX D, AIRPORT ZONING; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. NOTE: All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Department of Zoning and Land Development Review, Community Development Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Final Adoption of the ordinance will be considered at the February 11, 2004 meeting. If a person decides to appeal a decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedinHs, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Linda A. Houtzer, Deputy Clerk (SEAL) FAX TO: LOCATION: FAX NO.: COMMENTS: PAM PERRELL Naples Daily News (239) 263-4703 FROM: LOCATION: FAX NO: PHONE NO: DATE SENT: TIME SENT: Board Minutes & Records COLLIER COUNTY COURTHOUSE (239) (239) O1 774-8408 774-8411 / 26 / 2004 AM 2:10 PM # OF PAGES: (Including cover) £~C C)tcl~ 3 LDC-2003-CYCLE LDC-2003-Cycle 3(5 DAY)12904(A... 3-(10 day)2-11-... £i~fa _~. 3fo~tzer SenL' ~0: A'1-f24362.txt LDC Cycle 3 Sent: Su~ect: LDC Cycle 3 LDC Cycle 3 Page 1 of 1 Linda A. Houtzer OK From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Monday, January 26, 2004 2:30 PM To: Linda A. Houtzer Subject: RE: LDC Cycle 3 ..... Original Message ..... From: Linda A. Houtzer [mailto:Linda. Houtzer@clerk.collier.fl.us] Sent: Monday, .January 26, 2004 2:06 PM To: Pam Perrell (E-mail) Subject: LDC Cycle 3 <<LDC-2OO3-C YCLE 3(5 DA Y) 12904(A). doc> > < <LDC-2OO3-Cycle 3-(10 day)2-11-04, doc>> 1/26/2004 HP Fax 1230 Last Transaction Date Time Feb 12 2:02PM T.vpe Fax Sent Log for Minutes & Records 2397748408 Feb 12 2004 2:04PM Identification 96436968 Duration ~ Result 1:48 9 OK State et lqonOa County of Collier Before the undersigned they serve as the authorily, personally appeared B. Lamb. who on oath says that they serveasthe Assistant Corporate Secretary ol'the Naples Daily, a dally newspaper published at Naples. tn CullierCountv Florida; distributed tn Collier and Lee counties of Fiends: that the attached copy of the advertising, being a PI *BLI(7 NOTICE in tile matter of Public Notice as published in said ne'.',spapcr 1 time in the issue on Februar5 5th. 2004 ( Signature et' cf flare) Sworn tu and subscribed betbre me This 6th day of February ,2004 (Signature et'notary public} t~// i FEBRUARY 11 ~ 2004 BCC PUBLIC, HEARING NOTICE OF LAND DEVELOPMENT CODE CHANGE - AND PROPOSED ORDINANCE(S) Notice ia hereby given that on WEDNESDAY, FEBRUARY 11, 2004, in the 8o~r,~ 0t County Commissioners Meeting Room, 3rd Floor, Harmon Turner Bu *F", Collier County Government Center, 3301 East Tamlaml Trail, Naples, Flori~. the Board of County Commissioners, proposes to take under advise amendments to the Collier County Land Development Code leading to passage of one or more Ordinances, the title of which follows: 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 COUNT~, 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 2, ZONING, DIVISION 2.2, ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, YARD REQUIREMENTS, INCLUDING REVISIONS TO THE RURAL AGRICULTURAL DISTRICT, ADDING THE RURAL FRINGE MIXED USE DISTRICT, INCLUDING REVISIONS TO THE ESTATES DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL SINGLE-FAMiLY DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL MULTIPLE-FAMILY.6 DISTRICT, INCLUDING REVISIONS TO THE MULTIPLE-FAMILY-12 DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL MULTIPLE-FAMILY. 16 DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL TOURIST DISTRICT, INCLUDING REVISIONS TO THE VILLAGE RESIDENTIAL DISTRICT, INCLUDING REVISIONS TO THE MOBILE HOME DISTRICT, INCLUDING REVISIONS TO THE COMMERCIAL PROFESSIONAL AND GENERAL OFFICE DISTRICT, INCLUDING REVISIONS TO THE COMMERCIAL CONVENIENCE DISTRICT, INCLUDING REVISIONS TO THE COMMERCIAL INTERMEDIATE DISTRICT, INCLUDING REVISIONS TO THE GENERAL COMMERCIAL DISTRICT. INCLUDING REVISIONS TO THE HEAVY COMMERCIAL DISTRICT, INCLUDING REVISIONS TO THE INDUSTRIAL ZONING DISTRICT, INCLUDING REVISIONS TO THE CONSERVATION DISTRICT, INCLUDING REVISIONS TO THE PUBLIC USE DISTRICT, INCLUDING REVISIONS TO THE COMMUNITY FACILITY DISTRICT, INCLUDING REVISIONS TO THE PLANNED UNIT DEVELOPMENT DISTRICT, INCLUDING REVISIONS TO THE RURAL LANDS STEWARDSHIP AREA OVERLAY DISTRICT, ADDING THE NATURAL RESOURCE PROTECTION AREA OVERLAY DISTRICT, ADDING THE NORTH BELLE MEADE OVERLAY DISTRICT,AMMENDING OR REPEAUNG THE INTERIM DEVELOPMENT CONTROLS (MORATORIUM)FOR THE VANDERBILT BEACH RES!DENTIA~. TOURIST (RT') ZONING DISTRICT; ADDING THE VANDERBILT BEACH OVERLAY DISTRICT; DIVISION 2.3, OFF-STREET PARKING AND LOADING, INCLUDING REVISIONS TO PASSENGER VEHICLE PARKING IN CONJUNCTION WITH RESIDENTIAL STRUCTURES, INCLUDING REVISIONS TO OFF*STREET LOADING REQUIREMENTS; DIVISION 2.4, REVISIONS TO LANDSCAPING AND BUFFERING; DIVISION 2.5, SIGNS, INCLUDIN~i REVISIONS TO REAL ESTATE, AND POLE OR GROUND SIGN REQUIREMENTS; DIVISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS, INCLUDING REVISIONS TO HEIGHT LIMITS, INCLUDING ESSENTIAL SERVICES, INCLUDING REVISIONS TO BOATHOUSE REQUIREMENTS, INCLUDING REVISIONS TO TEMPORARY USE PERMITS, INCLUDING REVISIONS TO COMMUNICATION TOWERS, INCLUDING REVISIONS TO KITCHENS IN DWELLING UNITS, ADDING TRANSFER OF DEVELOPMENT RIGHTS, ADDING DENSITY BLENDING, DIVISION 2.7, ZONING ADMINISTRATION AND PROCEDURES, INCLUDING REVISIONS TO PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES.. INCLUDING REVISIONS TO CONDITIONAL USE PROCEDURES; ARTICLE 3, DEVELOPMENT REQUIREMENTS, DIVISION 3.2, SUBDIVISIONS, INCLUDING REVISIONS TO APPLICABILITZ SUBDIVISION REVIEW PROCEDURES, PRELIMINARY SUBDIVISION PLAT, IMPROVEMENT PLANS, AND FINAL SUBDIVISION PLAT REGULATIONS; DIVISION 3,3, SITE DEVELOPMENT PLANS, INCLUDING REVISIONS TO EXEMPTIONS, INCLUDING REVISIONS TO SITE DEVELOPMENT PLAN REVIEW (SDP) PROCEDURES; DIVISION 3.5 EXCAVATION, INCLUDING REVISIONS TO LITTORAL SHELF PLANTING AREA AND EXCAVATION REVIEW PROCEDURES; DIVISION 3.8, INCLUDING REVISIONS TO ENVIRONMENTAL IMPACT STATEMENTS; DIVISION 3.9, INCLUDING REVISIONS TO VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3,11, INCLUDING REVISIONS TO ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION; DIVISION 3.12, INCLUDING REVISIONS TO COASTAL ZONE MANAGEMENT, DEVELOPMENT STANDARDS AND REGULATIONS; DIVISON 3.13, COASTAL CONSTRUCTION SETBACK LINE VARIANCE; DIVISION 3.15, INCLUDING REVISIONS TO ADEQUATE PUBLIC FACILITIES; AND ARTICLE 6, DEFINITIONS, DIVISION 6.2 ABBREVIATIONS; DIVISON 6.3, INCLUDING REVISIONS TO DEFINITIONS; APPENDIX D, AIRPORT ZONING; SECTION FOUR, CONFLICT AND SEVERABIUTY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE, NOTE: All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Departmenl Zoning and Land Development Review, Community Development Services Center, 2800 N, Horseshoe Drive, Naples, Flodda, between the hours of 8:00 A arid 5:00 RM., Monday through Friday. Final Adoption of the ordinance will be considered at the Februan/11, 2004 meeting, If a pemon decides to appeal a decision made by the Collier County Board of County Commissionem with respect to any matter considered at such meeti or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, whi record includes the testimony and evidence upon which the appeal is to be base~. BOARD OF COUNTY COMMISSIONERS ~ COLLIER COUNT~, FLORIDA ~ DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK ORDINANCE NO. 04- 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 3, DIVISION 3.13, INCLUDING REVISIONS TO COASTAL CONSTRUCTION SETBACK LINE VARIANCE; 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 third 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 heatings on February 11, 2004 and February 24, 2004, and did take action concerning this amendment 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: Page 1 of 8 Words s~ac!: tF~,~ug~ are deleted, words underlined are added 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") 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. Page 2 of 8 Words sm:ok ~zzugh 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 DIVISION 3.13. COASTAL CONSTRUCTION SETBACK LINE VARIANCE OF THE LAND DEVELOPMENT CODE Division 3.13., Coastal Construction Setback Line Variance, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Sec. 3.13.1. Title and citation. This division shall be known and may be cited as the "Collier County Coastal Construction Setback Line Variance Regulations." Sec. 3.13.2. Establishment of the coastal construction setback line :etbae!: The coastal construction setback line shall be that coastal construction setback line established by the department of natural resources of the State of Florida pursuant to F.S. § 161.053 and recorded in Coastal Setback Line Book 1, pages 1 through 12 inclusive, recorded October 31, 1974, as Clerk's Instrument No. 365665 of the public records of Collier County, Florida. Sec. 3.13.3. Review and change of the coastal construction setback line setback !.;ne:. Setback lines established under this Code shall be reviewed upon petition of affected riparian upland owners. The board of county commissioners of Collier County shall decide, after due public notice and hearing, whether a change in the setback line is justified, and shall notify the petitioner in writing. The present setback lines are presumed to be correct, and no change in setback lines are presumed to be correct, and no change in setback lines shall be made except upon an affirmative showing by petitioner that any construction line established hereunder is a minimum of 150 feet landward of the mean high-water line or 75 feet landward of the vegetation line whichever is greater; and that considering ground elevations in relation to historical storm and hurricane tides, predicted maximum wave uprush, beach and offshore ground contours, the vegetation line, erosion trends, the dune or bluff line, if any exist, and existing upland development, that the general public health and welfare are preserved, upland properties protected, and beach and sand dune erosion controlled. Sec. 3.13.4. Preh[b".ted Reeulated activities seaward of the coastal construction setback line Page 3 of 8 Words s~ack t~zugk are deleted, words underlined are added 3.13.4.1. It shall be unlawful for any person, firm, corporation, or agency, public or private, to construct, reconstruct, or change existing structures, make any excavation, remove any beach material or otherwise alter existing ground elevations, drive any vehicle on, over or across any sand dune, or damage or cause to be damaged any sand dune, or the vegetation growing thereon and/or seaward of said dune, seaward of the coastal construction setback line, except as hereinafter provided by specific exemption, permit or variance. 3.13.4.2. Unless otherwise provided for, activities seaward of the coastal construction setback line which either individually or cumulatively results in an adverse impact to the coastal system are not allowed. For the purpose of this section, "adverse impacts" are impacts that cause an interference with the natural functioning of the coastal system. Examples of these impacts are those that may alter the coastal system by measurably affecting the existing shoreline change rate, interfering with the system's ability to recover from a coastal storm, disturbing topography or vegetation such that the system becomes unstable or suffers catastrophic failure, or by interfering with marine turtles or their habitat. 3.13.4.3. Developed coastal barriers. The County shall regulate construction of structures seaward of the coastal construction setback line on developed coastal barriers. Developed coastal barriers are those defined in Division 3.12, Coastal Zone Management, of this code. Where allowed, the construction shall minimize significant adverse impacts. The following activities allowed by the 1985 Florida Coastal Zone Protection Act shall be permitted on developed coastal barriers: (a) Structures providing for passive recreational activities~ Examples of passive recreational structures include dune walkovers with small viewing platforms, tie-offs for small boats in backwater areas, educational or informational boards or kiosks, benches for nature viewing; (b) Structures providing for public access, including restroom facilities. The restrooms shall be placed landward of the CCSL unless it is not possible to construct them within an acceptable walking distance such as when there is a long boardwalk leading seaward of the CCSL. Then the restrooms shall be located on existing structures such as walkovers or decks or shall be in areas with the most sparse area of native vegetation and shall not interfere with any protected species or their habitats; and (c) Activities providing for the protection and restoration of the beach and dune system. See. 3.13.:h5_ Exemptions. The County has determined that certain activities seaward of the coastal construction setback line do not result in adverse impacts to the coastal system. These activities are therefore allowed and are exempt from the requirements of the CCSL permitting and variance processes identified herein. Provisions found in other sections of the land development code may also regulate these activities. Such activities shall be conducted so as not to disturb marked marine turtle nests or known nest locations, damage existing native vegetation, or modify the dune and beach topography. These exemptions shall not be effective during sea turtle nesting season (May 1--October 31) unless the structures are removed daily from the beach prior to 9:30 p.m. and are not moved onto, or placed on, the beach before completion of monitoring conducted by Collier County appointed personnel with prior experience and training in sea turtle nest surveying procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit (daily sea turtle monitoring), or in the case of beach furniture being actively used or attended during the period of time from 9:30 pm until the next day's monitoring activity. Exemptions allowed under this provision are not intended to authorize any violation of Section 370.12, Florida Statutes, or any of the provisions of the Federal Endangered Species Act of 1973, as it may be amended. 3.13.5.1.3.12.7.1. The removal of any plant defined as exzt!c non-native vegetation by county code is exempt from the provisions of this Section. 3.13.5.2. a ~a v ,~ s ..... .~;c.~.;~ Mmaintenance; or repair; to any existing structure -';**'~ c .... ~* which does not require, involve, or include any additions to, or repa~ er_~.~_~..o~^'~:c'~*: .... ~,r the existing foundation of that structure is exempt from the provisions of this section. For purposes of this subsection, the following do not qualify for this exemption: 1) additions or enclosures added, constructed, or installed below the first dwelling floor or lowest deck of the existing structure or to any deck area that would expand the vertical dimensions of the structure, 2) replacement of any pervious surface with a non-pervious surface, or 3) modifications or additions to any dune walkover or deck area , except these dwelling o^~. or ~ ....... ~. ^c +~.~ ~-:o,; .......... For the purposes of this subsection, the term "repair" is the restoration of a portion of an existing structure, including the foundation of the structure, to its original design or an equivalent structural standard that does not change the Page 4 of 8 Words s~,:c!c ~:ough are deleted, words underlined are added original footprint or vertical dimensions of the structure. Work on a structure can only qualify as repair if 50% or more of the structure, including its foundation, remains intact. 3.13.5.3. Minor activities that do not cause an adverse impact on the coastal system are exempt from the permitting requirements of this section. The activities which are exempt pursuant to this subsection include, but are not limited to, the following: 1. Temporary placement of beach or deck furniture and awnings. 2. Attachment of tie-downs, or anchors to existing minor structures or trees. 3. Temporary placement of portable public lifeguard stands. 4. Temporary placement of mono-post structures including umbrellas, antennas or light posts. 5. Minor recreational diggings and other forms of art on the unvegetated beach provided there is no removal or filling of sand at the site. 6. The removal of windblown sand or sand deposited from wave action, from paved roads and parking areas, landscaped areas, beach access ramps, pools, patios, walkways or decks, not involving a change in the general grade and provided that any beach quality sand is returned to the beach and dune system seaward of the coastal construction setback line. 7. The minor maintenance of bulkheads and seawalls specifically involving scrapine, chivving, sandblasting, guniting, and painting. 3.12.7.3. 8. Any structures, that: 1) do not constitute fixed structure(s), 2) do not require a building permit, 3) weigh less than 100 pounds, and 4) upon review by the planning services director or his designees, is determined to not present an actual or potential threat to the beach and the dune system and adjacent properties_, are exemFt from the ;'arianee requirements cf .*h'.'.°. division. ~h:~ exemption ~" ~+ '"~ ............................................................ p.m .... are ........ 1 ..,;+h ' ' . ........... Fioh anti Wildlife r- ........ :^_ c,~--:~;^- or ""~ .... ~ ~--~ ~'~; .... is being ~+;"~ ...... n-~n ...... ;~ *~ ..... fiay's monitoring. Excretions a!!owefi ,,~fier this provision are nat int:nfiefi to authorize any violation of F.S. ~ ] 70.12, or any of ~¢ provisions of the Enfiangere~ Specie: A¢t of 1972, as it ~y 5¢ amen~efi. 3.13.5.4. Vehicles driving on the beach that are regulated pursuant to Division 3.14. of this code are exempt from the provisions of this section. Sec. 3.13.g,6. Coastal Construction Setback Line Permits. The following activities seaward of the coastal construction setback line shall not require a *'~;~..~.-.~, by the board of ¢o'&nW zo,~-r2gsioners, but ~ha!! require a coastal construction setback line permit. Such permit shall be reviewed and approved administratively by site development review envircr~'r-enta! staff, without a hearing of the board of county commissioners. Environmental staff shall review the proposed activities to ensure that an adverse impact will not result from the proposed activities. Any permits issued shall ensure that the permitted activity is consistent with the provisions of section 3.13.4. of this code and will not disturb marked marine turtle nests, known nest locations or nesting habitat, damage existing native vegetation, or modify the dune and beach topography. The appropriate fee as set by county resolution shall be submitted with thee permit application. Until such time as the fee schedule can be amended, the fees shall be $400.00 for permits in subsections 3.13.6.3. Chickee and storage box, 3.13.6.4. Reconstruction of the previously approved building, and 3.13.6.5. Beach Nourishment or maintenance dredging. 3.13.86.1. Beach access structures. Structures providing access to the beach, such as dune walkovers, shall meet the following criteria: (a) Ccnsm:cticn of a d.,~ne -::a!kcver -:.'hen ~ Possession of a valid Florida Department of Environmental Protection (FDEP) permit ~'~ been met. (b)3.13.°.g.l.l. A maximum width of six feet, unless American Disability Act (ADA) criteria require a greater width, in which case a permit may be granted if the proposed widths are no greater than the minimum ADA requirements. (c~,3.12.8.I.2. A minimum separation of 200 feet between walkovers when two or more walkovers are proposed on a single parcel. Page 5 of 8 Words struck +&~ough are deleted, words underlined are added (d) Dune walkovers shall be constructed to minimize the impacts on the beach and dune systems. They shall not be permitted to be constructed parallel to the beach or dune unless there is no other way to construct the walkover to meet ADA requirements. 3.13.86.2. Dune Restoration. Creation, restoration, re-vegetation or repair of the dune or other naturai-area seaward of the CCSL on an individual parcel of land, shall meet the following criteria: (a) :-:hen Possession of a valid Florida Department of Environmental Protection (FDEP) permit: has been cbtained and ~¢ fo!!cwing criteria have been met.: (b) 2.!3.S.2.!. Sand used must be compatible in color and grain size to existing sand subject to FDEP requirements. (c) .3.12.8.2.2. Plants utilized shall be 100 percent native coastal species. d~)._3.12.8.2.3. Restoration plans shall be designed by an individual with expertise in the area of environmental sciences, natural resource management or landscape architecture. Academic credentials shall be a bachelors or higher degree. Professional experience may be substituted for academic credentials on a year for year basis, provided at least two years professional experience are in the State of Florida. 3.13.6.3. Chickee and storage box. A CCSL permit may be issued for a single chickee (no larger than 10 feet by 10 feet) and a single storage box (no larger than 120 cubic feet) on a developed property. They shall be located over a previously approved, impacted area. They shall not be located on the dune or beach or in an area that would impact the view corridor from the road to the beach. 3.13.6.4. Reconstruction of the previously approved building. Reconstruction of a building as previously approved shall meet the following criteria: (a) Possession of a valid Florida Department of Environmental Protection (FDEP) permit; (b) Documentation that the previously approved building had been granted a CCSL variance; and (c) The reconstruction shall be limited to occur within the footprint and vertical dimensions of the previously approved building. 3.13.6.5. Beach Nourishment or maintenance dredging. Certain activities that may temporarily alter ground elevations such as artificial beach nourishment projects, excavation or maintenance dredging of inlet channels may be permitted seaward of the coastal construction setback line if said activity is in compliance with provisions of section 3.13.4. of this code, is in compliance with the Collier County Growth Management Plan and receives Federal and State agency approvals. Sec. 3.13.~7. Variances. The board of county commissioners may grant a variance (CCSL Variance) f~'r any activity that is not specifically exempted or is not allowed by permit. In granting a CCSL Variance the board of county commissioners shall consider applicable provisions of section 3.13.4. of this code, the Collier County growth management plan~ conservation and coastal management element, and consider the nature of the proposed activity, any land related hardship, and other considerations as provided for below. Any activity granted a CCSL variance shall obtain federal and state agency approvals and permits prior to final site development plan approvals. If' construction has not commenced within 2 years of the approval of a CCSL variance, the petitioner shall consult with County environmental staff to determine if any modifications will be required to their variance as a result of changes to the this code. 3.13.57.1. If in the immediate contiguous or adjacent area a "number of existing structures" have establ~hed a reasonably continuous and uniform construction line closer to the line of mean high water than the line as herein established, and if said existing structures have not been unduly affected by erosion, a proposed structure may be permitted along such line if such proposed structure is also approved by the board of county commissioners. 3.13.5.7.2._ Pipelines or piers. The board of county commissioners may authorize the construction of pipelines or piers extending outward from the shoreline, unless it determines that the construction of such projects would cause erosion of the beach in the area of such structures. is in ...... ~ grc~h ~nagzmznt ~' .......... ,; .... ~ .... *~ m~nagzmepX apprzved ~,,~ +~=_~ ~ ~v ~--v ....... ce~Jggiznzrs. Construction that varies ~om the listed criteria for CCSL permits. The board of counW commissioners my au~orize the cons~ction of s~c~es Page 6 of 8 Words struck *~.w.:gh are deleted, words underlined are added that vary_ from the standards set forth in subsection 3.13.6. of this code. Except as otherwise provide for in subsection 3.13.4. of this code, structures shall not be constructed or placed in areas that have existing native vegetation or on any part of the dune or beach. Sec. 3.13.6,8. Procedures for obtaining variance. 3.13.68.1. A written petition requesting a variance from the established setback line shall be filed with the board of county commissioners or their designee. The petition shall set forth: 1. A description of petitioner's property to include the information requested on a current Collier County request for a coastal construction setback line variance form; 2. A description of the established setback line and the line which petitioner wishes to be varied; 3. The justification upon which the petitioner relies for the granting of the variance, to include compliance with the Collier County growth management plan, conservation and coastal management element. 3.13.6.82. Notice and public hearing for coastal construction setback line variances. An application for coastal construction setback line (CCSL) variance shall be considered by the board of county commissioners pursuant to the following public notice and hearing requirements. 3.13.6.8_:.3. The board of county commissioners shall notify petitioner in writing of its decision within 15 days of the public hearing. 3.13.6_8.4. Any person aggrieved by a decision of the board of county commissioners granting or denying a variance may apply to the circuit court of the circuit in which the property is located for judicial relief within 30 days after rendition of the decision by the board of county commissioners. Review in the circuit court shall be by petition for a writ of certiorari and shall be governed by the Florida Appellate Rules. Sec. 3.13.9. Penalty and civil remedies. 3.13.9.3.-1-:. Penalty for a violation of subsection 3. ! 3.-75.3. Notwithstanding the penalties set forth elsewhere in this Code, the following violations of subsection 3.13.g.5.3, which occur during sea turtle nesting season: A) 1) Setting up of any structures as de£med in 3.13.g.5_.3, prior to daily sea turtle monitoring, 2) failing to remove all structures from the beach by 9:30 p.m., or 3) failing to have lights, so required, turned off by 9:00 pm., are subject to the following penalties: First violation: Up to $1,000.00 fine. Second violation: $2,500.00 fine. Third or more violation: $5,000.00 fine. SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. Page 7 of 8 Words .~ack t.h. rougk are deleted, words underlined are added SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions o£ this Ordinance shall become and be made a part of the Land Development Code o£ Collier County, Florida. The sections o£ 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 Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ., 2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: Approved as to form and ciency: Patrick G. White Assistant County Attorney DONNA FIALA, CHAIRMAN Page 8 of 8 Words s~.:.ck ~ccugh are deleted, words underlined are added February 5, 2004 sufficient for review for the proposed development by the CDES Division. The Transportation Administrator will notify the applicant of any traffic capacity reservation via facsimile per section 3.15.7.3.4.3. Traffic capacity reservations will be awari]ed to the development upon: approval of the COA and final development order per section 3.15.7.3.4.5; payment of road impact fees in accordance with section 3.1,5.7.3.4.5; and Proportionate Share Payment, if applicable, in accordance with section 3.15.3.31. ,Traffic capacity reservations approved under this section will expire in one (1) _~ear, from TIS approval and determination of available capacity, unless the final local development order for the development is approved, or the Board approves an extension to the one (1) year time period. 3.15.7.3.4.7. Proportionate Share Payments. Proportionate share payments may be used to mitigate the impacts of a development on a deficient roadway link by more than a de minimis amount within a Transportation Concurrency Management Area in which 85% of the north-south lane miles and 85% of the east-west lane miles are operating at or above the adopted LOS standards consistent with Policies 5.8 and 5.9 of the Comprehensive Plan Transportation Element. However, no impact will be de minimis if it exceeds the adopted level-of-service standard of any affected designated hurricane evacuation routes within a TCMA. Hurricane routes in Collier County are shown on Map TR7 of the Transportation Element. Any impact to a hurricane evacuation route operating below the adopted LOS within a TCMA shall require a proportionate share payment provided the remaining LOS requirements of the TCMA are maintained. Proportionate share payments under this section are determined subsequent to a finding of concurrency for a proposed project within a TCMA and do not influence the concurrency determination process. Development of an individual single family residence will not be required to contribute or make a proportionate share payment under this section. 3.15.7.3.4.7.1. The proportionate share of the cost of improvements of such deficient roadways is calculated according to the following formula: Project trips impacting deficient link/SV increase x cost = proportionate share Project trips = cumulative number of the trips from the proposed development expected to reach the roadway during the peak hour from the complete buildout of a stage or phase being approved. SV increase = the change in peak hour maximum service volume of the roadway resulting from construction of the improvement necessary to maintain the adopted level of service. o Cost = cost of construction, at the time of developer payment, of an improvement necessary to maintaifi-the adopted level of service. Construction cost includes all improvement associated costs, including engineering design, right-of-way acquisition, planning, engineering, 28" February 5, 2004 inspection, and other associated physical development costs directly required and associated with the construction of the improvement. 3.15.7.3.4.7.2. The cost for a deficient roadway link shall be established using a typical "lane mile cost" of adding lanes to a roadway having a similar area type/fac!lity type as determined by the Collier County Transportation Administrator. ' 3.15.7.3.5. Standards for review of application. The following standards shall be used in the determination of whether to grant or deny a certificate of public facility adequacy. Before issuance of a certificate of public facility adequacy, the application shall fulfill the standards for each public facility component (potable water, sanitary sewer, solid waste, drainage, parks and roads). 3.15.7.3.5.1. Potable water facilities. 3.15.7.3.5.1.1. The potable water component shall be granted if any of the following conditions are met: 3.15.7.3.5.1.1.1. The required public facilities are in place at the time a final site development plan, final subdivision plat or building permit is issued. 3.15.7.3.5.1.1.2. The required public facilities are under construction at the time a final site development plan, final subdivision plat or building permit is issued. 3.15.7.3.5.1.1.3. The required public facilities are guaranteed in an enforceable development agreement that includes the provisions of subsections 3.15.7.3.5.1.1.1 and 3.15.7.3.5.1.1.2 of this Code. 3.15.7.3.5.2. Sanitary sewer facilities. 3.15.7.3.5.2.1. The sanitary sewer component shall be granted if any of the following conditions are met: 3.15.7.3.5.2.1.1. The required public facilities are in place at the time a final site development plan, final subdivision plat or building permit is issued. 3.15.7.3.5.2.1.2. The required public facilities are under construction at the time a final site development plan, final subdivision plat or building permit is issued. 3.15.7.3.5.2.1.3. The required public facilities are guaranteed in an enforceable development agreement that includes the provisions of subsections 3.15.7.3.5.2.1.1. and 3.15.7.3.5.2.1.2. 3.15.7.3.5.3. Solid waste facilities. 29" February 10, 2004 B. COUNTY-MAINTAINED CENTRAL TDR REGISTRY. In .,order to facilitate the County's monitoring and regulation of the TDR Program, the County shall serve as the central registry of all TDR Credit purchases, sales, and transfers, as well as a central listing of TDR Credits available for sale .and pur,.chasers seeking TDR Credits. No TDR Credit generated from RFMU Sending Lands may be utilized to increase density in any area unless the following procedures are complied with in full. 1. TDR Credits shall not be used to increase density in either non-RFMU Receiving Areas or RFMU Receiving Lands until severed from RFMU Sending Lands. TDR Credits shall be deemed to be severed from RFMU Sending Lands at such time as a TDR Credit Certificate is obtained from the County and recorded. A TDR Credit Certificates shall be pma4ded issued only by the County and upon submission of the following: a. a legal description of the property from which the RFMU TDR Credits originated, including the total acreage; b. a title search, or other evidence, establishing that prior to the severance of the TDR Credits from the RFMU Sending Lands, such Sending Lands were not subject to a conservation restriction or other development restriction that prohibited residential development; c. a legal instrument, prepared in accord with the form provided by the County, that limits the allowable uses on the property after the severance of TDR Credits as set forth in Section 2.2.2V2.4.B; and d. a statement identifying the price, or value of other remuneration, paid to the owner of the RFMU Sending Lands from which the TDR Credits were generated, unless the RFMU or non-RFMU Receiving Lands on which the TDR Credits will be utilized and the RFMU Sending Lands from which the TDR Credits were generated are owned by the same persons or entities or affiliated persons or entities, and establishing that the value of any such remuneration is at least $25,000 per TDR Credit. e. a statement attestin~ that the TDR Credits are not being severed from RFMU Sendin~ Lands in violation of section 2.6.39.3.D.2,of this Code. utilizing TDR Credits may be conditionally approved, but no subsequent application for site development plan or subdivision plan within the PUD or ~..~..,~ ~ shall be approved until the developer submits the following: a documentation that the developer has acquired or...~ ~ .............. ~.~..~ ~ acqu;re all TDR Credits needed for that po~foa of the development that is the subject of the site development ~I~ or subdivision plat; and b. a TDR transaction fee sufficient to defray the expenses of the County in ad~nistering the Central TDR Registry. 134 " 2.2.31.2. GENERAL LOCATION. The NBMO area is surrounded by Golden Gate Estates to the north, east, and west and 1-75 to the south. This NBMO comprises some 24 sections of land and approximately 15,550 acres and is located entirely within the RFMU District (Section 2.2.2½.) ..,' NORTH BELLE MEADE OVERLAY DISTRICT GOLDEN GATE BOULEVARD ALLIG~ (S.R. 84) INTERSTATE - 75 t ........ ___ ___~. ,,, LEGEND A. NRPA OVERLAY AREAS. NRPAs are located in the following areas: I. Clam Bay Conservation Area (within Pelican Bay Plan Unit Development); 2. CREW (Corkscrew Regional Ecosystem Watershed); 3. North Belle Meade; 4. South Belle Meade; 5. South Golden Gate Estates. ! :~ LEE COUNTY RURAL FRINGE NATURAL RESOURCE PROTECTION AREAS LEE COUNTY IMMOKALEE ROAD IMMOKALEE ROAD RANDALL BLVD GOLDEN GATE BOULEVARD N NATURAL RESOURCE PROTECTION AREA The lands included in the RFMU District and to which the Section 2.2.2½ apply are depicted by the following map: RURAL FRINGE AREAS IMMOKALEE ROAD LEE COUNTY : /' RANDALL BLVD GOLDEN GATE BOULEVARD N LEGEND ORIGIN: Community Development and Environmental Services Division AUTHOR: Barbara Burgeson DEPARTMENT: Environmental Services AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: LDC3:156-158.2 LDC SECTION: Division 3.13 Coastal Construction Setback Line Variance LDC SUPPLEMENT #: Supplement 1, Supplement 15 CHANGE: Staff, based on earlier guidance of the Board, prepared an amendment to prohibit construction seaward of the Coastal Construction Control Line, with listed minor exceptions. The Board, after heating mounting opposition to the proposed amendment from the hotel industry and beach front property owners at the January 7, 2004 LDC Hearing, directed staff to withdraw the amendment from this LDC amendment cycle. The original amendment included needed administrative changes to streamline the approval process for county funded beach re-nourishment projects by allowing by permit instead of by variance (section 3.13.6.5). Staff expanded the list of exemptions (section 3.13.5) and activities that can be approved by a permit (section 3.13.5). The Reconstruction language, found in section 3.13.6.4, allows staff to issue a permit if the proposed activity meets the criteria in this section. Staff explicitly allowed beach access structures and restroom facilities to be constructed seaward of the CCSL. In sum, staff is proposing to expand the allowable exemptions and permits by clarifying language to the exemption section (3.13.5) and to the permit section (3.13.6), thus reducing the need for owners to petition a variance from the BCC. REASON: Rather than waiting for a future amendment cycle, staff is seeking to re- introduce the proposed improvements to the CCSL variance process to facilitate the permitting and approval process for the scheduled and funded major beach re- nourishment project later this year, and to provide the simplified processes for the public in exemptions and permits, as well as providing the BCC with criteria for reviewing CCSL variances. FISCAL & OPERATIONAL IMPACTS: The proposed amendment will eliminate the requirement for the county to apply for a CCSL variance for beach nourishment or maintenance dredging by authorizing such projects through a permitting process. It also allows more construction by permit which otherwise would have to obtain a variance, thus decreasing the number of CCSL Variances applied for which will decrease staff time reviewing as well as presenting these variances through the public hearing process. This ordinance creates fees for Chickee and storage box, 3.13.6.3. Reconstruction of the previously approved building, 3.13.6.4. and Beach Nourishment or maintenance Page 1 of 11 dredging, 3.13.6.5. Until such time that the fee schedule can be amended, the fees shall be $400.00 for these permits. Since the current variance fee is $1000, this is a reduction in fee of $600 and additional savings from the reduction in costs associated with the less complex submittal requirements for permits. The time for issuing a permit will be approximately 60-90 days less than for issuing a variance thus additional associated time/savings. RELATED CODES OR REGULATIONS: LDC 2.2.38, GMP CCME Policy 10.4.7 GROWTH MANAGEMENT PLAN IMPACT: None. Supports CCME Policy 10.4.7 and CCME 10.4.8 which states that: "Construction seaward of the Coastal Construction Control Line will be allowed for public access and protection and restoration of beach resources. Construction seaward of the Coastal Construction Control Line shall not interfere with sea turtle nesting, will utilize native vegetation for dune stabilization, will maintain the natural beach profile, will minimize interference with natural beach dynamics, and where appropriate will restore the historical dunes and will vegetate with native vegetation." Sec. 3.13.1. Title and citation. This division shall be known and may be cited as the "Collier County Coastal Construction Setback Line Variance Regulations." Sec. 3.13.2. Establishment of the coastal construction setback line The coastal construction setback line shall be that coastal construction setback line established by the department of natural resources of the State of Florida pursuant to F.S. § 161.053 and recorded in Coastal Setback Line Book 1, pages 1 through 12 inclusive, recorded October 31, 1974, as Clerk's Instrument No. 365665 of the public records of Collier County, Florida. Sec. 3.13.3. Review and change of the coastal construction setback line :ctbac~l: linc:. Setback lines established under this Code shall be reviewed upon petition of affected riparian upland owners. The board of county commissioners of Collier County shall decide, after due public notice and hearing, whether a change in the setback line is justified, and shall notify the petitioner in writing. The present setback lines are presumed to be correct, and no change in setback lines are presumed to be correct, and no change in setback lines shall be made except upon an affirmative showing by petitioner that any construction line established hereunder is a minimum of 150 feet landward of the mean high-water line or 75 feet landward of the vegetation line whichever is greater; and that considering ground elevations in relation to historical storm and hurricane tides, predicted maximum wave uprush, beach and offshore ground contours, the vegetation line, erosion trends, the dune or bluff line, if any exist, and existing upland development, that the Page 2 of 11 general public health and welfare are preserved, upland properties protected, and beach and sand dune erosion controlled. Sec. 3.13.4. ~-ohibited Regulated activities seaward of the coastal construction setback line o~,k~. 3.13.4.1. It shall be unlawful for any person, firm, corporation, or agency, public or private, to construct, reconstruct, or change existing structures, make any excavation, remove any beach material or otherwise alter existing ground elevations, drive any vehicle on, over or across any sand dune, or damage or cause to be damaged any sand dune, or the vegetation growing thereon and/or seaward of said dune, seaward of the coastal construction setback line, except as hereinafter provided by specific exemption, permit or variance. 3.13.4.2. Unless otherwise provided for, activities seaward of the coastal construction setback line which either individually or cumulatively results in an adverse impact to the coastal system are not allowed. For the purpose of this section, "adverse impacts" are impacts that cause an interference with the natural functioning of the coastal system. Examples of these impacts are those that may alter the coastal system by measurably affecting the existing shoreline change rate, interfering with the system's ability to recover from a coastal storm, disturbing topography or vegetation such that the system becomes unstable or suffers catastrophic failure, or by interfering with marine turtles or their habitat. 3.13.4.3. Developed coastal barriers. The County shall regulate construction of structures seaward of the coastal construction setback line on developed coastal barriers. Developed coastal barriers are those defined in Division 3.12, Coastal Zone Management, of this code. Where allowed, the construction shall minimize significant adverse impacts. The following activities allowed by the 1985 Florida Coastal Zone Protection Act shall be permitted on developed coastal barriers: (a) Structures providing for passive recreational activities; Examples of passive recreational structures include dune walkovers with small viewing platforms, tie-offs for small boats in backwater areas, educational or informational boards or kiosks, benches for nature viewing; (b) Structures providing for public access, including restroom facilities. The restrooms shall be placed landward of the CCSL unless it is not possible to construct them within an acceptable walking distance such as when there is a long boardwalk leading seaward of the CCSL. Then the restrooms shall be located on existing structures such as walkovers or decks or shall be in areas with the most sparse area of native vegetation and shall not interfere with any protected species or their habitats; (c) Activities providing for the protection and restoration of the beach and dune system; Page 3ofll Sec. 3.13.7-,5.a. Exemptions. The County has determined that certain activities seaward of the coastal construction setback line do not result in adverse impacts to the coastal system. These activities are therefore allowed and are exempt from the requirements of the CCSL permitting and variance processes identified herein. Provisions found in other sections of the land development code may also regulate these activities. Such activities shall be conducted so as not to disturb marked marine turtle nests or known nest locations, damage existing native vegetation, or modify the dune and beach topography. These exemptions shall not be effective during sea turtle nesting season (May 1--October 31) unless the structures are removed daily from the beach prior to 9:30 p.m. and are not moved onto, or placed on, the beach before completion of monitoring conducted by Collier County appointed personnel with prior experience and training in sea turtle nest surveying procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit (daily sea turtle monitoring), or in the case of beach fumiture being actively used or attended during the period of time from 9:30 pm until the next day's monitoring activity. Exemptions allowed under this provision are not intended to authorize any violation of Section 370.12, Florida Statutes, or any of the provisions of the Federal Endangered Species Act of 1973, as it may be amended. 3.13.5.1.2.17.a.7. I. The removal of any plant defined as eno6o non-native vegetation by county code is exempt from the provisions of this Section. 3.13.5.2. 2.12.77~. .~ny ..w...~...._,-'^'~;c'~*:~-, _Mmaintenance; or repair; to ~y existing structure ......................... ~ ............. v ..... ,w c oesnotre ure, nvove, or include ~y additions t~~. ...... .~v~..: .... ~....~...~.~..o'~*:~ off the existing fo~dation or use; or does not include ~y exp~sion of that stmct~e is exempt from the provisions of t~s section. For pu~oses of this subsection, the following do not qualify for this exemption: 1) additions or enclosures added, constructed, or installed below the first dwelling floor or lowest deck of the existing structure or to any deck area that would expand the vertical dimensions of the structure, 2) replacement of any pervious surface with a non-pervious surface, or 3) modifications or additions to any dune walkover or deck area,-~xq~t, he~ pu~oses of this subsection, the te~ "repair" is the restoration of a potion of ~ existing. structure, including the foundation of the structure, to its original desi~ or ~ equivalent structural standard that does not ch~ge the original foo¢fint or ve~ical dimensions of the structure. Work on a structure c~ only qualify as repair if 50% or more of the structure, including its foundation, remains intact. 3.13.5.3. Minor activities that do not cause an adverse impact on the coastal system are exempt from the permitting requirements of this section. The activities that are exempt pursuant to this subsection include, but are not limited to, the following: 1. Temporary placement of beach or deck furniture and awnings. Page 4 of 11 2. Attachment of tie-downs, or anchors to existing minor structures or trees. 3. Temporary placement of portable public lifeguard stands. 4. Temporary placement of mono-post structures including umbrellas, antennas or light posts. 5. Minor recreational diggings and other forms of art on the unvegetated beach provided there is no removal or filling of sand at the site. 6. The removal of windblown sand or sand deposited from wave action, from paved roads and parking areas, landscaped areas, beach access ramps, pools, patios, walkways or decks, not involving a change in the general grade and provided that any beach quality sand is returned to the beach and dune system seaward of the coastal construction setback line. 7. The minor maintenance of bulkheads and seawalls specifically involving scraping, chipping, sandblasting, guniting, and painting. 3.13.7.3. 8. Any structures, that: 1) do not constitute fixed structure(s), 2) do not require a building permit, 3) weigh less than 100 pounds, and 4) upon review by the planning services director or his designees, is determined to not present an actual or potential threat to the beach and the dune system and adjacent properties. 3.13.5.4. Vehicles driving on the beach that are regulated pursuant to Division 3.14. of this code are exempt from the from the provisions of this section. Sec. 3.13.86. Coastal Construction Setback Line Permits. The following activities seaward of the coastal construction setback line~.,....*,."1~11 --~*~..,,... ..... 1~$11~;'1 setback line pe~it. Such pe~it shall be reviewed and approved adminis~atively ~ ~ .... ~ ..... * r~vie~ ..... ~ ...... *~l :*arr without a he~ng of ~e bo~d of county co~issioners. Enviromental staff shall review the proposed activities to ensue that ~ Page 5 of 11 adverse impact will not result from the proposed activities. Any permits issued shall ensure that the permitted activity is consistent with the provisions of section 3.13.4 of this code and will not disturb marked marine turtle nests, known nest locations or nesting habitat, damage existing native vegetation, or modify_ the dune and beach topography. The appropriate fee as set by county resolution shall be submitted with the permit application. Until such time as the fee schedule can be amended, the fees shall be $400.00 for permits in subsections 3.13.6.3. Chickee and storage box, 3.13.6.4. Reconstruction of the previously approved building, and 3.13.6.5. Beach Nourishment or maintenance dredging. 3.13.86.1. Beach access structures. Structures providing access to the beach, such as dune walkovers, shall meet the following criteria: a ......._~ .~w. . a .... wa!kove~ .... ..-,,_*'~ ,.n Possession of a valid Florida Department of Environmental Protection (FDEP) permit *'~ ~- .... ~-+~;~'~ ~'~ the lr'~11 .... .i~ ~.~+~.~ has, been met. .(_'2)3.R44M-~ A maximum width of six feet, unless American Disability Act {ADA) criteria require a greater width, in which case a permit may be granted if the proposed widths are no greater than the minimum ADA requirements. (c)5.12.8.!.2. A minimum separation of 200 feet between walkovers when two or more walkovers are proposed on a single parcel. (d) Dune walkovers shall be constructed to minimize the impacts on the beach and dune systems. They shall not be permitted to be constructed parallel to the beach or dune unless there is no other way to construct the walkover to meet ADA requirements. 3.13.86.2. Dune Restoration. Creation, restoration, re-vegetation or repair of the dune or other natural area seaward of the CCSL on an individual parcel of land, shall meet the following criteria: (a) ,,vhen Possession of a valid Florida Department of Environmental Protection (FDEP) permit_.' *'~ ~' ....~,+~;,~,~ ,,,a~ +~.~ fallowing ~.~+~.4~ ~ .... ~, .....+~ (b) 2.13.8.2.!. Sand used must be compatible in color and grain size to existing sand subject to FDEP requirements. (c) 2.12.,,°.2.2. Plants utilized shall be 100 percent native coastal species. (d) 3n4-3Al-,g-.~. Restoration plans shall be designed by an individual with expertise in the area of environmental sciences, natural resource management or landscape architecture. Academic credentials shall be a bachelors or higher degree. Professional experience may be substituted for academic credentials on a year for year basis, provided at least two years professional experience are in the State of Page 6 of 11 Florida. 3.13.6.3. Chickee and storage box. A CCSL permit may be issued for a single chickee (no larger than 10 feet by 10 feet) and a single storage box (no larger than 120 cubic feet) on a developed property. They shall be located over a previously approved, impacted area. They shall not be located on the dune or beach or in an area that would impact the, view corridor from the road to the beach. 3.13.6.4. Reconstruction of the previously approved building. Reconstruction of a building as previously approved shall meet the following criteria: (a) Possession of a valid Florida Department of Environmental Protection (FDEP) permit; (b) Documentation that the previously approved building had been granted a CCSL variance; and (c) The reconstruction shall be limited to occur within the footprint and vertical dimensions of the previously approved building. 3.13.6.5. Beach Nourishment or maintenance dredging. Certain activities that may temporarily alter ground elevations such as artificial beach nourishment proiects. excavation or maintenance dredging of inlet channels may be permitted seaward of the coastal construction setback line if said activity is in compliance with provisions of section 3.13.4. of this code, is in compliance with the Collier County Growth Management Plan and receives Federal and State agency approvals, Sec. 3.13.$_7. Variances. The board of county commissioners may grant a variance (CCSL Variance) for any activity that is not specifically exempted or is not allowed by permit. In granting a CCSL Variance the board of county commissioners shall consider applicable provisions of section 3.13.4. of this code, the Collier County growth management plan, conservation and coastal management element, and consider the nature of the proposed activity, any land related hardship, and other considerations as provided for below. Any activity granted a CCSL variance shall obtain federal and state agency approvals and permits prior to final site development plan approvals. If construction has not commenced within 2 years of the approval of a CCSL variance, the petitioner shall consult with County environmental staff to determine if any modifications will be required to their variance as a result of changes to the this code. 3.13.~._7.1. If in the immediate contiguous or adjacent area a-"number of existing structures" have established a reasonably continuous and uniform construction line closer to the line of mean high water than the line as herein established, and if said existing structures have not been unduly affected by erosion, a proposed structure may be permitted along such line if such proposed structure is also approved by the board of county commissioners. Page 7 of 11 3.13.~.7.~.2. Pipelines or piers. The board of county commissioners may authorize the construction of pipelines or piers extending outward from the shoreline, unless it determines that the construction of such projects would cause erosion of the beach in the area of such structures. AAA~A~ ~,~ ~.* & * _~,~ J. VJ ~ ~ ~ ~ · ~AWA ~A AAA ~A A ~ W~AAA~ V~ AAAAV~ --;~icncr~. Constru¢tio~ that ~aries from the listed criteria for CCSE permits. Th~ bo~d o~ county commissioners may authorize thc const~ction o~ st~ctur~s that from the standards set forth in subsection 3.13.6. of this code. Except as otherwise provided for in subsection 3.13.4. of this code, structures shall not be constructed or placed in areas that have existing native vegetation or on any part of the dune or beach. Sec. 3.13.6._8. Procedures for obtaining variance. 3.13.6.8.1. A written petition requesting a variance from the established setback line shall be filed with the board of county commissioners or their designee. The petition shall set forth: A description of petitioner's property to include the information requested on a current Collier County request for a coastal construction setback line variance form; A description of the established setback line and the line which petitioner wishes to be varied; The justification upon which the petitioner relies for the granting of the variance, to include compliance with the Collier County growth management plan, conservation and coastal management element. 3.13.6.82. Notice and pubHc hearing for coastal construction setback line variances. An application for coastal construction setback line (CCSL) variance shall be considered by the board of county commissioners pursuant to the following public notice and hearing requirements. The applicant shall post a sign at least 45 days prior to the date of the public heating by the board of county commissioners. The sign shall contain substantially the following language and the sign copy shall utilize the total area of the sign: PUBLIC HEARING REQUESTING CCSL VARIANCE APPROVAL (both to contain the following information:) Page 8 of 11 o ° TO PERMIT: (Sufficiently clear to describe the type of variance requested). DATE: TIME: TO BE HELD IN BOARD OF COUNTY COMMISSIONERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER. The area of a property sign shall be as follows: ao For a property less than one acre in size, the sign shall measure at least one and one-half square feet in area. For a property one acre or more in size, the sign shall measure at least 32 square feet in area. In the case of a sign located on a property less than one acre in size, such sign shall be erected by the development services director in full view of the public on each street side of the subject property and on the side of the property visible from the beach. Where the property for which approval is sought is landlocked or for some other reason a sign cannot be posted directly on the subject property, then the sign shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property. In the case of sign(s) located on a property one acre or more in size, the applicant shall be responsible for erecting the required sign(s). The sign(s) shall be erected in full view of the public on each street upon which the subject property has frontage and on the side of the property visible from the beach. Where the subject property is landlocked, or for some other reason the sign(s) cannot be posted directly on the property, then the sign(s) shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property. There shall be at least one sign on each external boundary which fronts upon a street, however, in the case of external boundaries along a street with greater frontages than 1,320 linear feet, signs shall be placed equidistant from one another with a maximum spacing of 1,000 linear feet, except that in no case shall the number of signs along an exterior boundary fronting on a street exceed four signs. The applicant shall provide evidence to the planning services department that the sign(s) were erected by furnishing photographs of the sign(s) showing the date of their erection at least ten days prior to the scheduled public hearing by the board of county commissioners. The sign(s) shall remain in place until the date of either of the following occurrences: 1. Page 9 of 11 Final action is taken by the board of county commissioners or 2. The receipt of a written request by the planning services department director from the applicant to either withdraw or continue the petition indefinitely. Notice of the time and place of the public hearing by the board of county commissioners shall be advertised in a newspaper of general circulation in the county at least one time and at least 15 days prior to the public hearing. Where applicable, the notice shall clearly describe the proposed variance. The advertisement shall also include a location map that identifies the approximate geographic location of the subject property. The board of county commissioners shall hold one advertised public hearing on the proposed variance and may, upon the conclusion of the hearing, immediately adopt the resolution approving the variance 3.13.6.8~3. The board of county commissioners shall notify petitioner in writing of its decision within 15 days of the public hearing. 3.13.68.4. Any person aggrieved by a decision of the board of county commissioners granting or denying a variance may apply to the circuit court of the circuit in which the property is located for judicial relief within 30 days after rendition of the decision by the board of county commissioners. Review in the circuit court shall be by petition for a writ of certiorari and shall be governed by the Florida Appellate Rules. (Ord. No. 03-01, § 3.1.) (Ord. No. 92-73, § 2; Ord. No. 93-89, § 3; Ord. No. 94-27, § 3; Ord. No. 01-34, § 3.J.) (Ord. No. 94-58, § 3; Ord. No. 02-31, § 3.1.) Sec. 3.13.9. Penalty and civil remedies. 3.13.9.1. Penalty. A violation of any provision of this Code is a misdemeanor and shall be prosecuted in the name of the state in the county court by the prosecuting attorney, and upon conviction shall be punished by a fine not to exceed $500.00 or imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. Each violation and each day a violation continues shall constitute a separate offense. The board of county commissioners shall have the power to collaterally enforce the provisions of this Code by appropriate judicial writ or proceeding notwithstanding any prosecution as misdemeanor. 3.13.9.2. Civil remedies. In addition to or in lieu of the penalties provided by general law for the violation of ordinances, the board of county commissioners may bring injunctive action to enjoin the construction or compel the removal of structures constructed in violation of this Code. 3.13.9.3.4 Penalty for a violation of subsection 3.13.55_.3. Notwithstanding the penalties Page 10 ofll set forth elsewhere in this Code, the following violations of subsection 3.13.:3.5_.3, which occur during sea turtle nesting season: ^) B) 1) Setting up of any structures as defined in 3.13.g.5.3, prior to daily sea turtle monitoring, 2) failing to remove all structures from the beach by 9:30 p.m., or 3) failing to have lights, so required, turned offby 9:00 pm., are subject to the following penalties: First violation: Up to $1,000.00 fine. Second violation: $2,500.00 fine. Third or more violation: $5,000.00 fine. Beach from property owners who leave beach furniture unattended on the beach between 9:30 pm and the time of the next day's sea turtle monitoring, are subject to the following penalties: First violation: Written notice of ordinance violation. Second violation: Up to $1,000.00 fine. Third or more violation: $2,500.00 fine. More than three violations: $5,000.00 fine. (Ord. No. 94-58, § 3; Ord. No. 01-34, § 3.J.) See. 3.13.10. Severance. 3.13.10.1. Severance. If any phrase or portion of this division is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. (Ord. No. 94-58, § 3) Page llofll Memorandum To: Participants, LDC Amendment Cycle 3 - 2003 From: Russell Webb, Principal Planner, Depathnent of Zoning and Land Development Rev. Date: February 6, 2004 Subject: LDC Amendments for 2003- C~cle 3 CUP, RENT DRAFT OF THE EASTERN LANDS/RURAL FRINGE LDC AMENDMENTS THAT WAS DISTRIBUTED TO BCC IS ATTACHED. THE NON-EASTERN LANDS AMENDMENTS HAVE BEEN APPROVED, ALTHOUGH THE FORMAL ADOPTION WILL BE AT THIS MEETING AS WELL. 2. ALL STAFF WITH AMENDMENTS IN THIS CYCLE PLAN ON ATTENDING WEDNESDAY'S MEETINGS 2/11, BCC MEETING ROOM, ADMTN. BUILDING, COUNTY GOVERNMENT CENTER, 5:05 P.M. 3. UPDATED SUMMARY SHEET IS ATTACHED TO SCHEDULE. IF YOU HAVE ANY QUESTIONS, CALL RUSSELL WEBB (2322). 4. PLEASE REVIEW YOUR AMENDMENTS TO MAKE SURE THEY ARE CORRE~, AS THIS IS THE LAST HEARING ON THESE AMENDMENTS. PLEASE NOTIFY ME IF THERE IS AN ERROR ARNOLD, M BELLOWS BURGESON COHEN, RANDY (R) FEDER FLAGG, DIANE JOHNSON, C KANT, E LENBERGER LITSINGER, S. (C) LORENZ, BILL MURRAY PATTERSON, AMY PERICO, ED SCHMITT, J. SCOTT, DON SIEMION SOTER WEBB, RUSSELL WEEKS, O. (C) -Finalized Copy of Ordinance ONLY COLLI, MARIAN - Co. Atmy Office GRAPHICS - M. Ocheltree SPENCER, BILL MULHERE, ROBERT (RWA) FILE PERMITTING FRONT PLANNER RECORDS DEPT County Attorneys: STUDENT, M. / ~, 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 2, ZONING, DIVISION 2.2, ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, INCLUDING REVISIONS TO THE RURAL AGRICULTURAL DISTRICT, ADDING THE RURAL FRINGE MIXED USE DISTRICT, INCLUDING REVISIONS TO THE ESTATES DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL SINGLE-FAMILY DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL MULTIPLE-FAMILY-6 DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL MULTIPLE-FAMILY-12 DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL MULTIPLE-FAMILY-16 DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL TOURIST DISTRICT, INCLUDING REVISIONS TO THE VILLAGE RESIDENTIAL DISTRICT, INCLUDING REVISIONS TO THE MOBILE HOME DISTRICT, INCLUDING REVISIONS TO THE COMMERCIAL PROFESSIONAL AND GENERAL OFFICE DISTRICT, INCLUDING REVISIONS TO THE COMMERCIAL CONVENIENCE DISTRICT, INCLUDING REVISIONS TO THE COMMERCIAL INTERMEDIATE DISTRICT, INCLUDING REVISIONS TO ~ GENERAL COMMERCIAL DISTRICT, INCLUDING REVISIONS TO THE HEAVY COMMERCIAL DISTRICT,. INCLUDING REVISIONS TO THE INDUSTRIAL ZONING DISTRICT, INCLUDING REVISIONS TO THE CONSERVATION DISTRICT, INCLUDING REVISIONS TO THE PUBLIC USE DISTRICT, INCLUDING REVISIONS TO THE COMMUNITY FACILITY DISTRICT, INCLUDING REVISIONS TO THE PLANNED UNIT DEVELOPMENT DISTRICT, INCLUDING REVISIONS TO THE RURAL LANDS STEWARDSHIP AREA OVERLAY DISTRICT, ADDING THE NATURAL RESOURCE PROTECTION AREA OVERLAY DISTRICT, ADDING THE NORTH BELLE MEADE OVERLAY DISTRICT; DIVISION 2.3, OFF-STREET PARKING AND LOADING, INCLUDING REVISIONS TO PASSENGER VEHICLE PARKING IN CONJUNCTION WITH RESIDENTIAL STRUCTURES, INCLUDING REVISIONS TO OFF-STREET LOADING REQUIREMENTS; DIVISION 2.4, REVISIONS TO LANDSCAPING AND BUFFERING; DIVISION 2.5, SIGNS, INCLUDING REVISIONS TO REAL ESTATE, AND POLE OR GROUND SIGN REQUIREMENTS; DIVISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS, INCLUDING REVISIONS TO EXCLUSIONS FROM HEIGHT LIMITS, INCLUDING ESSENTIAL SERVICES, INCLUDING REVISIONS TO BOATHOUSE REQUIREMENTS, INCLUDING REVISIONS TO TEMPORARY USE PERMITS, INCLUDING REVISIONS TO COMMUNICATION TOWERS,' INCLUDING REVISIONS TO KITCHENS IN DWELLING UNITS, ADDING TRANSFER OF DEVELOPMENT RIGHTS, ADDING DENSITY BLENDING; DMSION 2.7, ZONING ADMINISTRATION AND PROCEDURES, INCLUDING REVISIONS TO PLANNED FEB 1..'1 200 n. / UNIT DEVELOPMENT (PUD) PROCEDUREs, INCLUDING REVISIONS TO CONDITIONAL USE PROCEDURES; ARTICLE 3, DEVELOPMENT REQUIREMENTS, DIVISION 3.2, SUBDMSIONS, INCLUDING REVISIONS TO APPLICABILITY, SUBDIVISION REVIEW PROCEDURES, PRELIMINARY SUBDMSION PLAT, IMPROVEMENT PLANS, AND FINAL SUBDIVISION PLAT REGULATIONS; DMSION 3.3, SITE DEVELOPMENT 'PLANS' INCLUDING REVISIONS TO EXEMPTIONS, INCLUDING REVISIONS TO SITE DEVELOPMENT PLAN REVIEW (SDP) PROCEDURES; DIVISION 3.5 EXCAVATION, INCLUDING REVISIONS TO LITTORAL SHELF PLANTING AREA AND EXCAVATION REVIEW PROCEDURES; DIVISION 3.8, INCLUDING REVISIONS TO ENVIRONMENTAL IMPACT STATEMENTS; DIVISION 3.9, INCLUDING REVISIONS TO ~VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.11, INCLUDING REVISIONS TO ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION; DIVISION 3.12 COASTAL ZONE MANAGEMENT, INCLUDING REVISIONS TO DEVELOPMENT STANDARDS AND REGULATIONS; DIVISION 3.15, INCLUDING REVISIONS TO ADEQUATE PUBLIC FACILITIES; AND ARTICLE 6, DEFINITIONS, DIVISION 6.2 ABBREVIATIONS; DIVISION 6.3, INCLUDING REVISIONS TO DEFINITIONS; APPENDIX D, AIRPORT ZONING; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. To amend the provisions of the Collier County Land Development Code to serve the best interest of the public. CONSIDERATIONS: The meeting will primarily be devoted to the second &two required public hearings for all of the Amendments pertaining to the Eastern Lands/Rural Fringe, more specifically described as follows: Sec. 2.2.2 ½., Rural Fringe Mixed Use District; Sec. 2.2.17., Conservation District; Sec. 2.2.27.11., RLSA Baseline Standards; Sec. 2.2.30, Natural Resource Protection Area Overlay District; Sec. 2.2.31., North Belle Meade Overlay District; Sec, 2.6.9., Essential Services; Sec. 2.6.35, Communication Towers; Sec. 2.6.39, Transfer of Development Rights; Sec. 2.6.40, Density Blending Provisions; Sec. 3.5.11., Littoral Shelf Planting; Division 3.8- Environmental Impact Statements; Division 3.9, Vegetation Removal, Protection and Preservation; Division 3.11' Endangered Species; Division 6,2, Abbreviations; and a portion of the Amendments in Division 6.3., Definitions. The remainder of the Amendments (non-Eastern Lands/Rural Fringe) were previously considered and individually approved during the two prior required public hearings. Therefore, no packet is. being provided for these Amendments as they have not changed; however, a summary sheet is provided for reference. These Amendments will only require a vote including these provisions along with the Eastern Lands/Rural fringe Amendments into approval of one ordinance at this hearing. FEEl 1.'1 200 . 2 PI., All of the Amendments being considered were previously presented to, and reviewed by, the Development Services AdviSory Committee, the Collier County Planning CommisSion, and the Environmental Advisory Council, where applicable. Recommendations of each of these bodies are included as part of the Summary Sheets in the summary description of the LDC amendments and includes any advisory body advocated revisions to the staff recommended changes. The Planning Commission held public hearings on October 22, 2003, November 12, 2003, November 13, 2003, November 20, 2003, November 24, 2003 and December 4, 2003. Two separate sets of Summary Sheets are currently being provided (one is comprised of 18 pages and pertains to the non-Eastern Lands/Rural Fringe amendments, and the other set comprised of 6 pages pertains solely to Eastern Lands/Rural Fringe amendments). Both sets include summari,es of the review of these amendments bythe above named reviewing entities. 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: As to all of the Amendments, 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. PREPARED BY: RUSSELL W-EBB, PRINCIPAL PLANNER, DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE REVIEWED BY: SU~A~ MUteR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: / qOMMUNITY DEVELOPMENT &. ~ r^~s~v~s 4 · 'ii' 200/~ ITEM F. NOA rl"EM 1 i',200~ /! ;E, NOA fi'EM B' 1' l: 233'~ AGENDA IT~ No._ . FEB 1 1.20 ~f~A ITF. M B"I 1.200~1 . ~ ;B '1 1.200~ { !. 2oo~ ORIGIN~ Rural Fringe GMP AmendmentS Establishing Rural Fringe AUTHORS: Nancy Linnan, Esquire, Carlton Fields Marfi Chumbler, Esquire, Carlton Fields Robert Mulhere, AICP, RWA, Inc. William Lorenz, P.E. Stan Litsinger, AICP Other Members of County Staff DEPARTMENT: Consultants to Collier County and Collier County staff from Environmental Services and from Planning. LDC PAGE(S): Various as identified on Table of Contents LDC SECTION; Various as identified on Table of Contents, including: TAB A: TAB B: TAB C: TAB D: TAB E: TAB F: TAB G: TAB H: TAB I: TAB J: TAB K: TAB L : TAB M: TAI~532626.5 Creation of Section 2.2.2½. RURAL FRINGE MIXED-USE DISTRICT (RFMU DISTRICT); Amendments to Section 2.2.17 CONSERVATION DISTRICT; Creation of Section 2.2.27. RLSA DISTRICT: NEW DEFINITIONS, DESIGN STANDARDS, & BASELINE STANDARDS. Creation of Section 2.2.30 NRPA OVERLAY; Creation of Section 2.2.31 NBM OVERLAY; Amendments to Section 2.6.9 ESSENTIAL SERVICES; Amendments to Section 2.6.35 COMMUNICATIONS TOWERS; Amendments to Section 3.5.11 LITTORAL SHELF PLANTING AREA; Amendments to Section 2.6.39 TRANSFER OF DEVELOPMENT RIGHTS; Creation of Section 2.6.40 DENSITY BLENDING; Amendments to Section 3.8 ENVIRONMENTAL IMPACT STATEMENTS (EIS); Amendments to Section 3.9.VEGETATION REMOVAL, PROTECTION AND PRESERVATION; Amendments to Section DIVISION 3.11. ENDANGERED, THRE7 LISTED SPECIES PROTECTION; FEB 1'i. 200h 79 TAB N: Amendments to DIVISIONS 6.2 ABBREVIATIONS and 6.3 DEFINITIONS 'CHANGE: Amendments to the LDC in Order to implement the Rural Lands Assessments based Goals, Objectives and Policies. .REASON: Required by BCC Adoption Rural Lands and Rural Fringe Assessments based Goals, Objectives and Policies (and as a result of their being effective). FISCAL& OPERATIONAL IMPACTS: Approval of these amendments will have no fiscal or operation impact on the county. From the private property owner perspective however, these amendments will pwvide for the implementation of the Rural Assessment-based comprehensive plan goals, objectives and policies, allowing property owners to move forward with development activities as authorized. For the most part, this area has been subject to a building moratorium for the past 3 plus years. By adopting these implementing land development regulations (LDRs) the County will be creating a process whereby development consistent with these provisions can once again resume. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: .These LDc amendments will provide for the implementation for the Rural Fringe Comprehensive Plan Goals Polices and Objectives. TAI.~532626.5 2 FEB 1 1. 200 TAB A TABB TAB C TAB D TAB E TAB F TAB G TAB H TAB I TAB J TAB K TAB L TAB M TAB N TABLE OF CONTENTS RFMU DISTRICT ................................................................... 21 CONSERVATION DISTRICT .............................................. 53 RLSA DISTRICT .................................................................... 59 · DESIGN STANDARDS .............................. ,., ............... 67 · BASELINE STANDARDS ................................... . ....... 96 NRPA OVERLAY ................................................................. 104 NBM OVERLAY ................................................................... 107 ESSENTIAL SERVICES ..................................................... 114 COMMUNICATIONS TOWERS ....................................... 120 LITTORAL SHELF PLANTING AREA ........................... 125 TDRS ......... , ............................................................................ 127 DENSITY BLENDING. ........................................................ 136 EIS ................................. , .................................................... 140 VEGETATION REMOVAL, ETC ...................................... 155 LISTED SPECIES PROTECTION ..................................... 202 ABBREVIATIONS & DEFINITIONS ............................ ... 211 TAl.g532626.5 3 TAB A 2.2.2]4. RURAL FRINGE MIXED-USE DISTRICT (RFMU DISTRICT) ................ 25 2.2.2½.! PURPOSE AND SCOPE .................................................................................. 25 A. ESTABLISHMENT OF RFMU ZONING OVERLAY DISTRICT...25 B. EXEMPTONS ................................ ; ......................................................... 25 C. ORDINANCE SUPERCEDED .............................................................. ;25 2.2.2.½.2 RFMU RECEIVING LANDS ..................................... ~ ................................... 26 3. OUTSIDE RURAL VILLAGES ..................................... ' ....................... 26 1. NBMO EXEMPTION ................................. ,~ .............................. 26 2. MAXIMUM DENSITY ................................................................ 26 L BASE DENSITY .............................................................. 26 b. ADDITIONAL DENSITY ............................................... 26 (i) Togs .............. . ...................................................... 26 TAL~532626.5 (a) Co) CLUSTERING REQUIRED ................... 26 MINIMUM PROJECT SIZE .................. 26 EMERGENCY PREPAREDNESS ........ 27 (2) ADDITIONAL DENSITY ................................... 27 ALLOWABLE USES ......... "..., ................................................... 27 a. USES PERMITTED AS OF RIGHT ............................. 27 b. 'ACCESSORY USES ........................................................ 30 c. CONDITIONAL USES ................................................... 31 DESIGN STANDARDS .............................................................. 32 a. DEVELOPMENT NOT UTILIZING CLUSTERING.32 (1) (2) MINIMUM LOT AREA ...................................... 32 MINIMUM LOT WIDTH .......................... . ........ 32 MINIMUM YARD REQUIREMENTS ............. 32 CLUSTERED DEVELOPMENT .................................. 32 (1) LOT AREAS AND WIDTHS ............................. 32 (a) SINGLE-FAMILy ...... ' ............................. 32 Co) MULTI-FAMILY ..................................... 32 (2) MINIMUM YARD REQUIREMENTS ............ 32 (a) SINGLE FAMILY ................................ 4 ,.32 A~=J4DA ITEM N~ ;.. 2oo TAI.~532626.5 6. 7. 8. (b) MULTI-FAMILY ..............................,....33 (3) HEIGHT LIMITATIONS ................................... 33 (a) PRINCIPAL STRUCTURES ................. .33 (b) ACCESSORY STRUCTURES .............. .33 (4) MINIMUM FLOOR SPACE ............................. 33 (a) SINGLE-FA1VHLY .................................. .33 Co) MULTI-FAIVIILY ..................................... 33 c. PARKING ........................................................................ .33 d. LANDSCAPING ............ ~ ................. ................................ 33 e. SIGNS .............................................................................. ~.33 5. NATIVE VEGETATION RETENTION ............. ; ...................... 33 6. USABLE OPEN SPACE ............................................................. 33 RURAL VILLAGES ......................... ; ...................................................... 34 1. ALLOWABLE USES .................................................................. 34 2. MIX OF NEIGHBORHOOD TYPES ........................................35 a. ALLOCATION OF LAND USES .................................. 36 b. ACREAGE LIMITATIONS ........................................... 36 DENSITY ...................................................................................... 37 a. BASE DENSITY .............................................................. 37 b. MINIMUM DENSITY ..................................................... 37 c. MAXIMUM DENSITY .................................................. .37 OTHER DESIGN STANDARDS ................................................ 37 a. TRANSPORTATION SYSTEM DESIGN ..................... 37 b. LOCATIONAL RESTRICTIONS AND STANDARDS ................................................................... 38 c. SIZE LIMITATIONS ...................................................... 38 d. ADDITIONAL VILLAGE DESIGN CR/TERIA ......... 38 NATIVE VEGETATION ......................................................... ~...41 GREENBELT .................................................................. ~ ............. 41 OPEN SPACE ............................................................................... hi- PROCESS FOR APPROVAL OF A RURAL VILLAGE ........ 42 a. EIS .................................................................................... ~2 b. DEMONSTRATION OF FISCAL NEUTRALITY .... 42 5 2.2.2½3. A. B. NEUTRAL LANDS ........................................................................... . ..... 42 ALLOWABLE USES .................................................................. : ........... 43 1. USES PERMITTED AS OF RIGHT ......................................... 43 2. ACCESSORY USES .................................................................... 45 3. CONDITIONAL USES ............................................................... 45 DENSITY .................................................................................................. 46 1. MAXI.MUM GROSS DENSITY ...................................................... 46 2. RESIDENTIAL CLUSTERING ...................................................... 46 DIMENSIONAL AND DESIGN STANDARDS ..... , ............................. 47 1. DEVELOPMENT THAT IS NOT CLUSTERED ..................... 47 a. MINIMUM LOT AREA. ................................................. 47 b. MINIMUM LOT WIDTH ............................................... 47' c. MINIMUM YARD REQUIREMENTS ......... ; ............... 47 2. DEVELOPMENT THAT IS CLUSTERED .............................. 47 MINIMUM LOT AREA ............................... ................... 47 MAXIMUM LOT AREA ................................................ 47 MINIMUM LOT WIDTH ............................................... 47 MAXIMUM LOT WIDTH ............................................. 47 3. HEIGHT LIMITATIONS..; ........................................................ 47 4. FLOOR AREA ............................................................................. 47 5. PARKING ..................................................................................... 47 6. LANDSCAPING .......................................................................... 47 7. SIGNS ............................................................................................ 47 D. NATIVE VEGETATION RETENTION ...............................................47 E. USABLE OPEN SPACE ......................................................................... 48 2.2.2½.4. RFMU SENDING LANDS ......................................................................... , .... 48' A. ALLOWABLE USES WHERE TDR CREDITS HAVE NOT BEEN SEVERED ........................................................................... 48 1. USES PERMITTED AS OF RIGHT ..................................... ....48 2. ACCESSORY USES .........................~ .......................................... 49 3. CONDITIONAL USES ..... ' ....................... , .................................. 49 B. USES ALLOWED WHERE TDR CREDITS HAVE BEEN SEVERED ................................................................................ TALIt$32626.$ 6 ..49 AGENOA ITEM FEB 1 1..200 Ce 1. USES PERMITTED AS OF RIGHT .................................... ,....49 2. CONDITIONAL USES ............................................................... $0 DENSITY ..................... , ........................................................................... ,$1 NATIVE VEGETATION RETENTION ................................................ 51 OTHER DIMENSIONAL DESIGN STANDARDS .............................. 52 LOT AREA AND WIDTH ........................................................... 52 PARKING ................................................ ~ ......................... , ..... , ..... 52 LANDSCAPING .............................. . ............................................ 52 SIGNS ............................................................................................. 52 TAB B 2.2.17 CONSERVATION DISTRICT .......................................................................... 54 2.2.17.1 PURPOSE AND INTENT ................................................................................ 54 2.2.17.2 ALLOWABLE USES ....................................................................................... 55 A. USES PERMITTED AS OF RIGHT ...................................................... 55 B. USES ACCESSORY TO PERMITTED USES ..................................... 56 C. CONDITIONAL usEs ............................................................................ 56 2.2.17.3 DESIGN CRITERIA .................................................. ~ ..................................... 57 A. DIMENSIONAL STANDARDS ......................................................... , .... 57 1. MINIMUM LOT AREA ............................................................... 57 2. MINIMUM LOT WIDTH ............................................................ 57 3. MINIMUM YARD REQUIREMENTS ...................................... 57 4. MAXIMUM HEIGHT .................................................................. 57 B. MAXIMUM DENSITY AND INTENSITY ............................ ~ .............. 57 1. SINGLE FAMILY DWELLINGS AND MOBILE HOMES ...57 2. FAMILY CARE FACILITIES .................................................... 58 3. GROUP CARE FACILITIES AND OTHER HOUSING FACILITIES ....................................... , ..................... 58 4. SPORTING AND RECREATIONAL CAMPS. ........................ 58 5. STAFF HOUSING' ....................................................................... 58 C. OFF-STREET PARKING ........................................... ? ........................... 58 D. LANDSCAPING ....................................................................................... 58 7 TALg532626.5 FEB 1 200 SIGNS ........................... ,.,..,.~ .................... ,., .... , ..................................... ~.,.58 TAB C 2.2.27. RURAL LANDS STEWARDSHIP DIRECT OVERLAY DISTRICT DESIGN STANDARDS ....................................................................................................... 67 2.2.27.2.DEFINITIONS ................................................................................................... 67 2.2.27.10.SRA DESIGNATION ............................................................................. " ...... 69 J. DESIGN CRITERIA ............................................................................... 69 1. SRA CHARACTERISTICS ........................................................ 68 Figures ! &2 .................................................................................. 70 Figures 3&4 .................................................................................. 71 Figures 5&6 ............................................................................... ,,.71 Figures 7&$ ............................ ;...~ ................................................. 73 Figures 9&10 ......................................................................... , ...... 74 Figures 1 l&12 ..... .,, .................................................................... 75 Figures 13&14 .............................................................................. 76 Figures 15&16 .............................................................................. 77 Figures 17&18 ........................................ . ..................................... 78 2. TOWN DESIGN CRITERIA ...................................................... 79 · a. GENERAL DESIGN CRITERIA .................................. 79 b. TRANSPORTATION NETWORK ............................... 79 c. OPEN SPACE AND PARKS .......................................... 80 d. CONTEXT ZONES ..................... , ................................... 80 TAL~532626.5 e 0) (2) O) ('0 (5) TOWN CORE ...................................................... 80 TOWN CENTER ................................................. 84 NEIGHBORHOOD GENERAL ........................ 85 NEIGHBORHOOD EDGE ........ ~ ........................ ~8 SPECIAL DISTRICT ................... , ...................... 89 VILLAGE DESIGN CRITERIA .............................................. "89 a. GENERAL CRITERIA ................................................... 89 b. TRANSPORTATION NETWORK ............................... 90 c. PARKS ...................................................... ~ ..................... ~0 ~.NOA irE~4 FEB d® CONTEXT ZONES ........................................................ 90 (1) (2) (3) (4) GENERAL ............................................................ 90 VILLAGE CENTER CONTEXT ZONE .......... 90 NEIGHBORHOOD GENERAL ........................ 92 NEIGHBORHOOD EDGE ................................. 92 SPECIAL DISTRICT .......................................... 92 4. HAMLET DESIGN CRITERIA ............................................... 93 a. GENERAL ........................................................................ 93 b. OPEN SPACES AND pARKS ...... ,.,, .............................. 93 c. CONTEXT ZONES ......................................................... 93 (1) NEIGHBORHOOD GENERAL ........................ 93 (2) NEIGHBORHOOD EDGE ................................ 95 5. COMPACT RURAL DEVELOPMENT ................................... 95 a. GENERAL ........................................................................ 95 b. EXAMPLE ........................................................................ 96 2.2.27.1 I.BASELINE STANDARDS ............ ................................................................. 96 A. PURPOSE AND INTENT .......... ; ............................................................ 96 B. APPLICABILITY OF CODE ................................................................. 96 C. ALLOWABLE USES .................... : ......................................................... 96 D. STANDARDS APPLICABLE INSIDE THE ACSC ............................ 97 E. STANDARDS APPLICABLE OUTSIDE THE ACSC ........................ 97 F. GOLF COURSE STANDARDS ............................................................. 99 G. STANDARDS APPLICABLE IN FSAS, HSAS, AND WRAS THAT ARE OUTSIDE OF THE ACSC .............................................. 10! H. STANDARDS APPLICABLE TO WETLANDS LOCATED OUTSIDE FSAS, HSAS, WRAS, AND THE ACSC ......................... 101 TAB D, 2.2.30 NRPA OVERLAY .............................................................................................. 105 2.2.30,1 PURPOSE AND INTENT ................................................................... , ........ ,..105 B. NRPA OVERLAY AREAS .................................................................... 105 NRPA DESIGNATED AS SENDING LANDS WITHIN THE RFMU DISTRICT ................................................................................ DEVELOPMENT STANDARDS ....................................................... TAI.//532626.5 9 AC, ENOA ffEM 105No.~ TAB E 2.2.31 NORTH BELLE MEADE OVERLAY DISTRICT (NBMO) ....................... 110 2.2.31.1 PURPOSE AND INTENT ............................................................................... 110 2.2.31.2 ESTABLISHMENT OF NORTH BELLE MEADING ZONING OVERLAY ........... . ........................................................ ;; .................. 110 2.2.31.3 APPLICABILITY ................................................................................... ;.;;. .... 110 2.2.31.4 GENERAL PLANNING AND DESIGN CONSIDERATIONS .................. 110 A. TRANSPORTATION ............................................................................ 110 B. BUFFERING ........................................................................................... 111 C. GREENWAY ......... ~ ................................................................................ 111 2.2.31.5 ADDITIONAL SPECIFIC AREA PROVISIONS ........................................ 111 A. RECEIVING LANDs.,, ......................................................................... 111 B. NEUTRAL LANDS ................................................................................ 113 2.6.9 2.6.9.1. A. TAI_g532626.5 TAB F ESSENTIAL SERVICES ............................................................................ 115 PERMITTED ESSENTIAL SERVICES ............ '" .................................... 116 PERMITTED ESSENTIAL SERVICES IN ALL DISTRICTS EXCEPT CON DISTRICTS, RFMU SENDING LANDS, NRPAS, HSAS, AND FSAS ............................... 116 PERMITTED ESSENTIAL SERVICES IN CON DISTRICTS, RFMU SENDING LANDS, NRPAS, HSAS, AND RSAS ........................ · ..................................................................... 116 ADDITIONAL PERMITTED ESSENTIAL SERVICES IN COMMERCIAL AND INDUSTRIALLY ZONED DISTRICTS ......... ~ ....... ; ...................................................................... ,.,.117 ADDITIONAL PERMITTED ESSENTIAL SERVICES IN AGRICULTURAL AND ESTATE ZONED DISTRICTS ................. 117 ADDITIONAL PERMITTED ESSENTIAL SERVICES IN AGRICULTURAL ZONED DISTRICTS ........................................... 117 ADDITIONAL PERMITTED ESSENTIAL SERVICES IN RESIDENTIALLY ZONED DISTRICTS ......................................... 10 AGENDA ITEM 117n°' FEB' 1' A. CONDITIONAL ESSENTIAL SERVICES IN ALL ZONING DISTRICTS EXCEPT RFMU SENDING LANDS, CON DISTRICTS, NRPAS, HsAs, AND FSAS ................................. 117 B. CONDITIONAL ESSENTIAL SERVICES IN RFMU SENDING LANDS, NRPAS, CON DISTRICTS, AND RLSA DESIGNATED HSAS, AND FSAS ..." ................................................. 118 C. ADDITIONAL CONDITIONAL ESSENTIAL USES IN RESIDENTIAL AND ESTATE ZONED DISTRICTS AND RFMU RECEIVING AND NEUTRAL LANDS ....................... 118 2.6.9.3 CONDITIONAL USES THAT INCLUDE THE INSTALLATION OF STRUCTURES ................................................................................................... 118 TAB G 2.6.35 COMMUNICATIONS TOWERS ..................................................................... 121 2.6.35.1 PURPOSE AND INTENT ............................................................ , .................. 121 2.6.35.2 THROUGH 2.6.35.5.8. NO CHANGE ........................................................... 122 2.6.35.5.9 MIGRATORY BIRDS AND OTHER.WILDLIFE CONSIDERATIONS ......................................................................................... 122 A. GROUND MOUNTED TOWERS' ....................................................... 122 B. BIRD DIVERTER DEVICES .................................................. , ............ 122 'C. HABITAT LOSS .............................................................. ' ...................... 122 D. SECURITY LIGHTING ........................................................................ 122 · 2.6.35.6.12 THROUGH 2.6.35.11. NO CHANGE ..... .." ............................................. 122 2.6.35.6.12. TOWER LIGHTING ................................................................................ 122 A. TOWERS AND ANTENNAS EXCEEDING 150 FEET .................... 122 B. NEW TOWERS EXCEEDING 199 FEET .......................................... 122 2.6.35.6.13 THROUGH 2.6.35.7. NO CHANGE ........................................................ 123 2.6.35.8. WIRELESS EMERGENCY TELEPHONE SERVICE ............................ 123 2.6.35.8.1. CO-LOCATED FACILITIES ......................... ; ......................................... 123 2.6.35.8.2. NEW TOWERS OR ANTENNAS ............................................................ 123 ~ 2.6.35.8.3. SUFFICIENCY NOTICE .......................................................................... 2.6.35.8.4 DEFAULT APPROVAL ............................................................................. 2.6.35.8.5 WAIVER ...................................................................................................... TAL~$32626.$ 11 .. AGENDA ITEM Z'~No.~ 124 FEB 1'! '200 TAB H 3.5.11 LITTORAL SHELF PLANTING AREA ............................... ? ................ , ........ 126 TAB I 2.6.39. TRANSFER OF DEVELOPMENT RIGHTS .............................. ". ................ 128 2.6.3~.1 PURPOSE, INTENT, AND APPLICABILITY .................................. ~.~...:....128 A. PURPOSE ..................................................... , ......................................... 128 B. INTENT .................................................................................................. 128 C. APPLICABILITY .................................................................................. 128 2.6.39.2 TRANSFER OF DEVELOPMENT RIGHTS FROM URBAN AREAS TO URBAN AREAS ........................................................................... 129 2.6.39.3 TDR CREDITS FROM RFMU SENDING LANDS: GENERAL PROVISIONS ................................................................................ 132 2.6.39.4 TRANSER OF DEVELOPMENT RIGHTS FROM RFMU SENDING LANDS TO NON,RFMU RECEIVING AREAS ........................ 132 A. TRANSFERS TO URBAN AREAS .................................... ~ ................ 132 B. TRANSFERS TO THE URBAN RESIDENTIAL FRINGE ............. 133 2.6.39.5 TRANSFERS FROM RFMU SENDING LANDS TO RFMU RECEIVING LANDS ...................................................................................... ,.133 2.6.39.6 PROCEDURES APPLICABLE TO THE TRANSFER OF TDR CREDITS FROM RFMU SENDING LANDS ................................................ 133 A. GENERAL .............................................................................................. 133 B. COUNTY MAINTAINED CENTRAL TDR REGISTRY ................. 134 2.6.39.7 PROPORTIONAL UTILIZATION OF TDR CREDITS ............................ 135 TAB J 2.6.40 DENSITY BLENDING ...................................................................................... 137 2.6.40.1 PURPOSE ................................ , ........................................................................ 137 2.6.40.2 CONDITIONS AND LIMITATIONS ......................................... ~ ................. 137 A. PROPERTIES STRADDLING RFMU RECEIVING OR NEUTRAL LANDS ................................................................... ~ ..... 137 B. PROPERTIES STRADDLING RFMU SENDING LANDS .............. 138 C. PROPERT/ES STRADDLING THE IMMOKALEE URBAN AREA AND THE RLSA DISTRICT ................................................... 39 12 TALg532626.5 FEB'I !' 200h ... x-r" ,,, TAB K DIVISION 3.8. ENVIRONMENTAL IMPACT STATEMENTS (ELS) ................. 141 3.$.1 ~r.-. o~'TCH 2.~.~.~ NO ~o A,~c'~ ~ ~'~ 3.8.3 APPLICABILITY; ElS REQUIRED ................................................................. 142 3.8.4 SUBMISSION AND REVIEW OF ElS ............................................ ' .................. 143 3.8.5 INFORMATION REQUIRED FOR APPLICATION .............................. ; .... 143 3.8.5.1 APPLICANT INFORMATION ......................... ,' ........................................... 147 3.8.5.2 MAPPING AND SUPPORT GRAPHICS ......................... ~ ............................ 148 3.8.5.3 PRO~ECT DESCRIPTION AND CONSISTENCY DETERMINATION ............................. ~ ..................... ~ ....................................... 148 3.8.5.4 NATIVE VEGETATION PRESERVATION ................................................ 149 3.8.5.5 WETLANDS ............................ · 3.8.5.6 SURFACE AND GROUND WATER MANAGEMENT .............................. 151 3.8.5.7 LISTED,~----,-~~Pr~r~.'~ .......................... ............................................................ .. . . ,.151 3.8.5.8 OTHER ............................................................... , .............................................. 152 3.8.6 ADDITIONAL DATA ......................................................................................... 152 3.8.7 RELATION BETWEEN EIS AND DRI ........ , ................................................. 152 ~.,**~r,,~e ............................................................... 152 3.8.8 r.,,~v~- ~,.,,~o .................................... " · 3.8.8.1 SINGLE FAMILY OR DUPLEX USES ............................................... , ......... 152 3.8.8.2 AGRICULTURAL USES ................................................................................. 151 '3.8.8.3 NON-SENSITIVE AREAS ............................................................................... 153 3.8.8.4 AREAS WITHIN INCORPORATED MUNICIPALITIES ......................... 153 3.8.8.5 NBMO RECEIVING LANDS: .......................................................................... 153 ..eeeeee.ee.e.ee eeeeeee.eeeeeeeee.eeee.eeee..e.eeeeeeeee.ee~e.eeeee 1~3 3.8.9 FEES ................................................. 3,8.10 APPEALS................................... ..................................................................... -.. 153 3.9. 3.9.1 3.9.2 3.9.3 TAB L VEGETATION REMOVAL, PROTECTION AND PRESERVATION ..... 159 TITLE AND CITATION .................................................................................. 159 PURPOSE .......................................................................................................... 159 AC-,E. NDA ITEIVl APPLICABILITY ............................................................................................ 13 TALO532626.5 .]6o FEB 1 1/200 3.9.3.1 EXEMPTIONS AND EXCEPTIONS ........................... , .......................... -, ..... 160. A. NBMO EXEMPTION ............................................................................ 160 B. SEMINOLE AND MICCOSUKEE TRIBE EXCEPTION.; .............. 160 C. AGRICULTURAL EXEMPTION .................................... , ................... 160 D.' PRE-EXISTING usEs ...................~ ...................................................... 160 E. EXEMPT MANGROVE ALTERATION PROJECTS ...................... 161 3.9.4. VEGETATION PRESERVATION STANDARDS ........ ~ ................................ 163 3.9.4.1 GENERAL STANDARDS AND CRITERIA .................................................. 163 3.9.4.2 SPECIFIC STANDARDS APPLICABLE ouTSIDE THE RFMU AND RLSA DISTRICTS ................................................................................... 164 A. REQUIRED PRESERVATION ........................................................... 165 B~ EXCEPTIONS ......................... - ............................................................. 165 3.9.4.3 SPECIFIC STANDARDS FOR THE RFMU DISTRICT ............................. 166 A. RFMU RECEIVING LANDS OUTSIDE OF THE NBMO .............. 166 B. NEUTRAL LANDS ............................................................................... 166 C. RFMU SENDING LANDS .................................................................... 166 D. GENERAL EXCEPTIONS ........ . ........ ' ................................................. 167 1. NONCONFORMING, PRE-EXISTIN7 PARCELS ................................. '..., ............................................. 167 2. SPECIFIC COUNTY-OWNED LAND ................................... 167 3. DISCRETIONARY EXCEPTION FOR ESSENTIAL PUBLIC SERVICES ................................................................. 167 SPECIFIC STANDARDS FOR RLSA DISTRICT ...................... ~ ................. 167 DENSITY BONUS INCENTIVES ................................................................... 167 WETLAND PRESERVATION AND CONSERVATION ............................. 168 PURPOSE ........................................................................................................... 168 URBAN LANDS ................................................................................................. 168 RFMU DISTRICT .............. ,' ....................... ~ ..................................................... 168 STANDARDS ................................... , .......................................... ' ...... ,...167 MITIGATION ........ ~ .................................... ' .............. ' ........................... 170 1. MITIGATION REQUIREMENTS .......................................... 170 2. MITIGATION INCENTIVES .................................................. 70 3.9.5.4 ESTATES, RURAL --SETTLEMENT AREAS, AND ACSC ........................ TA~6.~ 14 3.9.4.4 3.9.4.5 3.9.5 3.9.5.1 3;9.5.2 3.9.5.3 A. B. 70 AGENDA.ITEM No._ FEB '1 1 .200 3.9.5.5 RLSA DISTRICT ....................... ' ................................................................ ,,,.171 3.9.5.6 SUBMERGED MARINE HABITATS ............................................................ 171 3.9.6 NATURAL RESERVATION PROTECTION AND CONSERVATION .................................................................................... ' ........ 171 3.9.6.1 PURPOSE AND APPLICABILITY ................................................................ 171 3.9.6.2 REVIEW PROCESS ......................................................................................... 171 3.9.6.3 RFMU DISTRICT REQUIREMENTS ......................................................... 171 A. OPEN SPACE ........................................................................................ 171 B. OPEN SPACE AS BUFFERS ............................................................... 172 C. CONTIGUOUS NATIVE VEGETATION ......................................... 172 D. WILDLIFE CORRIDORS .................................................................... 172 3.9.7 PRESERVE STANDARDS ............................................................................. '.172 3.9.7.1 DESIGN STANDARDS .............................. , ...................................................... 172 A. IDENTIFICATION ................................................................................ 172 B. MINIMUM DIMENSIONS ................................................................... 173 C. PROTECTION OF WETLAND HYDROPERIODS ......................... 173 D. PROTECTIVE COVENANTS .............................................................. 173 E. CREATED PRESERVES ................................. , ........................... , ........ 173 1. APPLICABILITY ............................. ... .................................... .....173 2. REQUIRED PLANTING CRITERIA ...................................... 174 F. ALLOWABLE SUPPLEMENTAL PLANTINGS .............................. 175 G. PRESERVE MANAGEMENT PLANS ................................................ 175 1. GENERAL MAINTENANCE ................................................... 175 2. EXOTIC VEGETATION REMOVAL, NON-NATIVE VEGETATION, AND NUISANCE OF INVASIVE PLANT CONTROL .................................................................... 175 3. DESIGNATION OF A PRESERVE MANAGER ................... 175 4. WILDLIFE HABITAT MANAGEMENT ............................... 176 5. PROTECTION DURING CONSTRUCTION AND SIGNAGE AFTER CONSTRUCTION ................................... 176 H. ALLOWABLE USES WITHIN PRESERVE AREAS ....................... 176 3.9.7.2 INSPECTIONS AND MAINTENANCE ......................................................... 1~ 3.9.7.3 REQUIRED SETBACKS TO PRESERVES ................................................... 1' T^~S32626.S 15 3.9.7.4 EXEMPTIONS...,, ............................................................................................. 177 .3.9.8 VEGETATION PROTECTION AND REMOVAL STANDARDS .............. 177 3.9.8.1 VEGETATION PROTECTION STANDARDS ............................................. 177 A. GENERAL ................................................................................................ 177 B. FILLING AND CONSTRUCTION DEBRIS..'., ................................ 177 C. ATTACHMENTS ................................................................................... 177 D. EXCAVATION ...................................... ~ ................................................ 177 E. PROTECTIVE BARRIERS & SIGNAGE .......................................... 178 1, INSTALLATION OF PROTECTIVE BARRIERS AND SIGNAGE ......................... ~ ...................... , ......................... 178 2. APPLICANT'S REPRESENTATIVE REQUIRED ............... 178 3.9.8.2. CRITERIA FOR REMOVAL AND/OR REPLACEMENT OF PROTECTED VEGETATION ......................................................................... 178 3, STANDARDS ......................................................................................... 178 B. VEGETATION RELOCATION PLAN ........................... ; .................. 180 C. LANDSCAPE PLANT REMOVAL OR REPLACEMENT .............. 180 3.9.8.3.MANAGEMENT PLAN AND INSPECTIONS .............................................. 180 A. MANAGEMENT PLAN REQUIRED, ................................................. 180 B. ON-SITE INSPECTIONS ..................................................................... 181 3.9.9. REQUIREMENT FOR REMOVAL OF PROHIBITED EXOTIC VEGETATION .................................................................................................. 185 3.919.1.GENERAL .......................................................................................................... 185 3.9.9.2.EXOTIC VEGETATION MAINTENANCE PLAN ...................................... 186 3.9.9.3.APPLICABILITY TO NEW STRUCTURES AND TO ADDITIONS ON SINGLE-FAMILY AND TWO-FAMILY LOTS .................................... 186 3~9.1'0. REQUIRED PERMITS AND NOTICES ........................................................ 186 3.9.10.1. VEGETATION REMOVAL PERMIT ........................................................ 186 OTHER PERMITS REQUIRED .......................................................... 186 APPLICATION CONTENTS .................................................. '.; .......... 186 REVIEW PROCEDURES .................................................................... 188 1. ISSUANCE OF PERMIT ................................................ ' ......... 188 '2. DENIAL OF PERMIT ...... , ....................................................... 1 ;~ 3. PERMIT FEES ........................................................................... 1 18 TALg532626.5 16 F'E' '1 1 200 D. VEGETATION REMOVAL PERMIT EXCEPTIONS .................. ...188 3.9.10.2.AGRICULTURAL LAND CLEARING ...................................... ~ ................. 190 A. LAND CLEARING PERMIT ............................................................... 190 1. APPLICATION ............................................ '...~ .......................... 190 2. DETERMINATION OF COMPLETENESS .................. ' ........ 192 3. CRITERIA FOR REVIEW OF APPLICATION .................... 192 4. ISSUANCE OF PERMIT ......................., ...... , .................. .~,..., .... 193 5. RENEWAL OF AGRICULTURAL CLEARING PERMIT ................................. ; .............................. 193 6. EXEMPTIONS FOR AGRICULTURAL CLEARING PERMIT ...................................................................................... 193 B. LAND CLEARING NOTICE ................................................................ 194 3.9.11. ENFORCEMENT 196 3.9.11.1 PENALITIES ................................................................................................... 196 A. FINES ......................... , ............................................................................ 196 B. RESTORATION STANDARDs .......................................................... 197 3.9.11.2 CORRECTIVE MEASURES FOR ENVIRONMENTAL VIOLATIONS ................................... , ................................................................ 198 A. MITIGATION .................................................... , ................................ '..198 B. REQUIREMENTS FOR A MITIGATION PLAN .......................... '..199 C. SITE-SPECIFIC REVIEW CRITERIA .............................................. 199 D. COUNTY REVIEW OF MITIGATION PLAN ................................. 200 E. MONITORING AND REPLANTING ................................................. 200 F. DONATION OF LAND OR FUNDS ................................................... 201 3.9.12 APPEAL OF ENFORCEMENT .; .................................................................... 201 3.9.13 SUSPENSION OF PERMIT REQUIREMENT ............................................. 201 TAB M DIVISION 3.11. ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION. ............................................................................................................ 203. 3.11.1 GENERAL ............................................................. .............................................. 203 3.11.1.1 TITLE AND CITATION ............................................................................... ; 3.11.1.2 PURPOSE ........................................................................................................ ; TAL~$32626.5 17 AGENDA 3.11.1.3 APPLICABILITY AND EXEMPTIONS ..................................................... 204 A. GENERAL APPLICABILITY ......... , .................................................... 204 B' EXEMPTIONS ....................................................................................... 203 3.11.2 EIS AND MANAGEMENT PLANS ................................................................. 204 3.11.2.1 EXEMPTION .................................................................................................. 204 3.11.2.2 EIS .................................................................................................................... 204 3.11.2.3 MANAGEMENT PLANS .............................................................................. 204 A. GENERAL REQUIREMENTS ............................................................. 205 B. REFERENCES .................~ ........................ ~ ................ ~ ............................ 205 3.11.3 PROTECTIVE MEASURES ........................... ' ................................................ 205 3.11.3.1 GENERAL ...... , ................................................................................................ 205 3.11.3.2 SPECIES SPECIFIC REQUIREMENTs .................................................... 206 A. GOPHER TORTOISE ........................................................................... 206 B. FLORIDA SCRUB JAY ........................................................................ 208 C. BALD EAGLE ..................................................................... , .................. 209 D. RED-COCKADED WOODPECKER ..................................................209 E. FLORIDA BLACK BEAR ......... ~ .......................................................... 209 F. PANTHER ............................................................................................... 209 G. WEST INDIAN MANATEE .................................................................. 209 H. LOGGERHEAD AND OTHER LISTED SEA TURTLES ................ 209 3.11.3 PENALTIES ........................................................................................................ 209 TAB N 6.2 ABBREVIATIONS ............................................................................................ 212 ElS ................................................................................................................................... 212 NBMO ............................................................................................................................. 212 NRPA ............... ~ ...... : ................... , .............................................................. , .................... 212 RFM ................. ' ......................................................... ' ........................................ , ......... 212 RLSA ................... v ................................................... ~ ...................................................... 212 TDR ........................................................................ ~ ..... ' ........................................ , ......... 212 6.3 DEFINITIONS ................................................................................................... 212 'AD.VERSE IMPACTS ................................................................................................ .I212~c-,O~,~ IT~ BONUS CREDIT · ' .........................................................213 e$~eell®eeeleleeeeee~eeeeeeleellleee~eeeeeeee~e~ · C~VIC AND INSTITUTIONAL BUILDINGS ........................................................... CLUSTER DEVELOPMElk~I' ........................................................................... · ........... CON D~STRICT .............................................................. .............................................. DENSITY BEENDING ............... ' ....... ~ ......................................................................... DEVELOPMENT AND PRODUCTION, OIL AND GAS FIELD., ......................... 214 ENVIRONMENTAL IMPACT STATEMENT..' ....................................................... 214 ESSENTIAL SERVICES .............................................................................................. 214 .................... , ............................. 215 EXPLORATION, OIL AND GAS .............................. ' ' ' eeeeeee,ee~eeeee~,eeeee~eeee®ee,e,e,e,e~e~e,.eeeeeee, .e~eee~ 1 ~ FLOWWA¥ ---- ~ eleeeeeeleeeleeeeeeeleeeeeeee®eeeeeeeleelelleeeeee®®eeeeeee~ee~ ~ ~ GREENBEUi' ................... ................................ HOUSINC, AFFORDABLE ......................................................................................... 2]$ HOUSING, WORKFORCE .......................................................................................... NATIVE VEGETATION ....... ' ...................................................................................... NATURAL RESERVATION · . ................................................ 216 .... n,~,~,~v ..................................................... 216 NATURAL w~,l~.~x~v~,z ............................. , ...... ' ' ,, ,,,,,,,, ,,, ,0,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,..,,217 NEIGHBORHOOD CENTER .................................. 1N'EUTIL&L LA_N-DS .................................................................. , .................................... 217 ...................................................... 217 OIL EXTRACTION AND RELATED PROCESSING ............................................. 217 OPEN SPACE ................................................................................................................ 217 ,,,,, ,, ,,,,,,,,,,,,,,,., OPEN SPACE, COMMO1N ...................................... OPEN SPACE, USABLE ..................................................... 218 - . ................................................ 218 PATHW'AY ............................................... ~ .................... ...... ,-.,~ ............................................................ 218 RFMU l~l~lVd,,-.., ........................ ~ .................... RFMU RECEMNG LANDS ...................... ; ................................................................ 218 RFMU SENDING LANDS ............................................................................................ 218 RURAL VILLAGE .............................. .................................................................... ' ..... 219 TDR CREDIT ......................... . ................................................................... ' ................... 219 TRANSFER OF DEVELOPMENT RIGHTS. .............................................. , ............ 219 VEGETATION, CATEGORY I INVASIVE EXOTIC ............................................. 219 VEGETATION, CATEGORY II INVASIVE EXOTIC ........................................... VEGETATION, EXOTIC ............................................................. ~ .................... , .... ~ ..... TAL~32626.~ 19 VEGETATION, NATIVE ....................... '.; ............................................................... ..220 VEGETATION, NATURALIZED ............................................................................... 220 VEGETATION, PROHIBITED EXOTIC .................................................................. 220 VILLAGE CENTER ..................................................................................................... 220 WETLANDS ......................................... ; ......................................................................... 220 WETLAND FUNCTION ............................................................................................... 220 TALg532626.5 2O AGENDA ITEM' No. TAB A SECTION 2.2.2½ RURAL FRINGE MIXED USE DISTRICT TAI~532626.5 21 2.2.2~. RURAL FRINGE MIXED-USE DISTRICT (RFMU DISTRICT) 2.2.2'~.1 PURPOSE AND SCOPE A. ESTABLISHMENT OF RFMU ZONING OVERLAY DISTRICT B. EXEMPTONS ORDINANCE SUPERCEDED Co 2.2.2.'A.2 RFMU RECEWING LANDS A. OUTSIDE RURAL VILLAGES 1. 2. NBMO EXEMPTION MAXIMUM DENSITY a. BASE DENSITY b. ADDITIONAL DENSITY (0 TDRS (a) (b) (c) CLUSTERING REQUIRED MINIMUM PROJECT SIZE EMERGENCY PREPAREDNESS (2) ADDITIONAL DENSITY ALLOWABLE usEs a. USES PERMITTED AS OF RIGHT b. ACCESSORY USES c. CONDITIONAL USES DESIGN STANDARDS TALg532626.$ bo DEVELOPMENT NOT UTILIZING CLUSTERING (1) MINIMUM LOT AREA (2) MINIMUM LOT WIDTH (3) MINIMUM YARD REQUIREMENTS CLUSTEKED DEVELOPMENT (1) LOT AREAS AND WIDTHS (a) SINGLE-FAMILY (b) MULTI-FAMILY MINIMUM YARD REQUmEMENTS (a) SINGLE FAMILY Co) MULTI-FAMILY HEIGHT LIMITATIONS 22 (2) (3) .~. .5(3. 2.2.2½.3. A. TALg$32626.5 (4) (a) Co) PARKING LANDSCAPING SIGNS (a) PRINCIPAL STRUCTURES Co) · ACCESSORY STRUCTURES MINIMUM FLOOR SPACE SINGLE FAMILY MULTI-FAMILY 5. NATIVE VEGETATION RETENTION 6. USABLE OPEN SPACE RURAL VILLAGES 1. ALLOWABLE USES 2. MIX OF NEIGHBORHOOD TYPES a. ALLOCATION OF LAND USES b. ACREAGE LIMITATIONS 3. DENSITY a. BASE DENSITY. b. ,MINIMUM DENSITY c. MAXIMUM DENSITY 4. OTHER DESIGN STANDARDS a. TRANSPORTATION SYSTEM DESIGN b.. LOCATIONAL RESTRICTIONS AND STANDARDS ¢. SIZE d. ADDITIONAL VILLAGE DESIGN CRITERIA 5. NATIVE VEGETATION 6. GREEN-BELT 7. -OPEN SPACE 8~ PROCESS FOR APPROVAL OF A RURAL VILLAGE a. EIS b. DEMONSTRATION OF FISCAL NEUTRALITY NELrrRAL LANDS ALLOWABLE USES 1. USES PERMITTED AS .OF RIGHT 23 AC, r. SOA FEI 1 P.. 5'/ Co 2. ACCESSORY USES' 3. CONDITIONAL USES DENSITY 1. MAXIMUM GROSS DENSITY 2. RESIDENTIAL CLUSTERING DIMENSIONAL AND DESIGN STANDARDS 1. DEVELOPMENT THAT IS NOT CLUSTERED a. MINIMUM LOT AREA b. MINIMUM LOT WIDTH c. MINIMUM YARD REQUIKEMENTS 2. DEVELOPMENT THAT IS CLUSTERED MINIMUM LOT AREA MAXIMUM LOT AREA MINIMUM LOT WIDTH MAXIMUM. LOT WIDTH 3. HEIGHT LIMITATIONS 4. FLOOR AREA 5. PARKING 6. LANDSCAPING 7. SIGNS D. NATIVE VEGETATION RETENTION E. USABLE OPEN SPACE 2.2.2½.4. RFMU SENDING LANDS A. TAL~532626.5 ALLOWABLE USES WHERE TDR CREDITS HAVE NOT BEEN SEVERED 1. USES PERMITTED AS OF RIGHT 2. ACCESSORY USES 3. CONDITIONAL USES USES ALLOWED WHERE TDR CREDITS HAVE BEEN SEVERED 1. USES PERM1TFED AS OF RIGHT 2. CONDITIONAL USES DENSITY NATIVE VEGETATION OTHER DEMENSIONAL DESIGN STANDARDS 24 FEB 1.1-"200 1. LOT AREA AND ~VIDTH 2. PARKING 3, LANDSCAPING 4. SIGNS 2.2.214. RURAL FR/NGE MIXED-USE DISTRICT (RFMU DISTRICT) 2.2.214.1 PURPOSE AND SCOPE. The purpose and intent of the RFMU District is to provide a transition between the Urban and Estates Designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. The RFMU District employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, densitY and intensitY of development. The RFMU District allows for a mixture of urban and rural levels of service, including limited extension ofcen~'al water and sewer, Schools, recreational facilities, commercial uses and essential services deemed necessary to serve the residents of the RFMU District. The innovative planning and development techniques which are required and/or encouraged within the RFMU District were developed to preserve existing natural resources, including habitat for listed species, to retain a rural, pastoral, or park-like appearance from the major public fights-of-way, and to protect private property rights. TAI.~532626.5 ESTABLISHMENT OF RFMU ZONING OVERLAY DISTRICT. In order to implement the RFMU designation in the future land use element (FLUE) of the GMP, the RFMU District, to be designated as "RFMUO" on the Official Zoning Atlas, is hereby established. The lands included in the RFMU District and to which the Section 2.2.2~ apply are depicted by the following map: [MAP GRAPHIC: RFMU District] EXEMPTONS. The requirements of Section 2.2.2½ shall not apply to, affect or limit the continuation of existing uses. Existing uses shall include those uses for which all required permits were issued prior to .June 19, 2002, and projects for which a Conditional use or Rezone petition has been approved by the County prior to June 19, 2002, or land use petitions for which a completed application has been submitted prior to June 19, 2002. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses. Hereai~er, such previously approved developments shall be deemed to be consistent with the Plan's Goals, Objectives and Policies and for the RFMU District, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed consistent with the Plan's GOals, ?olicies and Objectives for the RFMU District as long as they do not result in an increase in development density or intensity. ORDINANCE SUPERCEDED. superceded. Any development in 25 Ordinance NUmber 98-17 is hereby ev:r~'-, J the area formerly subject to that ordina~[; ~A~A???~V~ FEB 1 t. 200 henceforth conform to the provisions of this Section and all other provisions of this Code that are applicable to development within the RFMU District. 2.2.2½.2 RFMU RECEIVING LANDS. RFMU Receiving Lands are those lands within the RFMU District that have been identified as being most appropriate for development and to which residential development units may be transferred fi.om RFMU Sending Lands. Based on the evaluation of available data, RFMU Receiving Lands have a lesser degree of environmental or listed species habitat value than RFMU Sending Lands and generally have been disturbed through development or previous or existing agricultural operations. Various incentives are employed to direct development into RFMU Receiving Lands and away from RFMU Sending Lands, thereby maximizing native Vegetation and habitat preservation and restoration. Such incentives include, but are not limited to: the TDR process; clustered development; density bonus incentives; and, provisions for central sewer and water. Within RFMU Receiving Lands, the following standards shall apply, except as noted in paragraph 2.2.2½.1 above, or as more specifically provided in an applicable PUD. A. OUTSIDE RURAL VILLAGES 1. NBMO Exemption. Except as specifically provided herein NBMO Receiving Lands are only subject to the provisions of Section 2.2.31. TAld~$32626.5 Maximum Density. a. Base Density. The base residential density allowable within RFMU Receiving Lands, exclusive of the applicable Density Blending provisions set forth in Section 2.6.40, is one (1) unit per five (5) gross acres (0.2 dwelling units per acre) or, for those legal nonconforming lots or parcels in existence as of June 22, 1999, one (1) unit per lot or parcel. b. Additional Density. (1) TDRS. Outside of Rural Villages, the maximum density achievable in RFMU Receiving Lands through the TDR process is one (1) dwelling unit per acre. (a) Clustering Required. Where the transfer of development rights is employed to increase residential density within RFMU Receiving Lands, such residential development shall be clustered in accordance with the following provisions: i. Central water and sewer shall be extended to the project. Where County sewer or water services may not be available concurrent with development in RFMU Receiving Lands, interim private water and sewer facilities may be approved. ii. The maximum lot size allowable for a single-family detached dwelling unit is one acre. 111. The clustered development shall be located on the site so as to provide to the greatest degree practicable: protection for listed species habitat; preservation of the highest quality native vegetation; connectivity to adjacent natural reservations or preservation areas on adjacen~ developments; and, creation, maintenance or enhancement of corridors. 26 ~,ildl~A ~roa FEB 1 1,-200 TALg532626.5 (c) ii. Minimum Project Size. Thc minimum project size required in order to receive transferred dwelling units is 40 contiguous acres. Emergency Preparedness. In order to reduce the likelihood of threat to life and property from a tropical storm or hurricane event any development approved under thc provisions of this section shall demonstrate that adequate emergency preparedness and disaster prevention measures have been taken by, at a minimum: Designing community facilities, schools, or other public buildings 'to serve as storm shelters if located outside of areas that' may experience inundation during a Category 1 or worse storm event. While the need to utilize such shelters will be determined on a case-by-case basis, areas which are susceptible to inundation during such storm events are identified on the Sca, Lake, and Overland Surge from Hurricane (SLOSH) Map for Collier County. EValuating impacts on evacuation routes, if any, and working with the Collier County Emergency Management staff to develop an Emergency Preparedness Plan to include provisions for storm shelter space, a plan for emergency evacuation, and other provisions that may be deemed appropriate and necessary to mitigate against a potential disaster. iii. Working with the Florida Division of Forestry, Collier County Emergency Management staff, and the managers of any adjacent or. nearby public lands, to develop a Wildfire Prevention and Mitigation' Plan that will reduce the likelihood of threat to life and property fi'om wildfires. This plan shall address, at a minimum: project structural design; the use of materials and location of slxuctures so as'to reduce wildfire threat; firebreaks and buffers; water features; and, the rationale for prescribed burning on adjacent or nearby lands. Additional Density. Once the maximum density is achieved through the use of TDRs, additional density may be achieved as follows: (a) A density bonus of 0.1 unit per acre shall be allowed for the preservation of additional native vegetation as set forth in Section 3.9.4.5.A. (b) A density bonus of 0.1 units per acre shall be allowed for projects that incorporate those additional wetlands mitigation measures set forth in Section 3.9.5.3.B.2. Allowable Uses a. Uses Permitted as of Right. The following uses are permitted as of right, or as uses accessory to permitted uses: (1) Agricultural activities, including, but not limited to: Crop raising; horticulture; fruit and nut production; forestry; groves; nurseries; ranching; beekeeping; poultry and egg production; milk production; livestock raisin~--and aquaculture for native species subject to the State of Florida Ga~e an~o.~ ! 27 TAL~$32626.5 Freshwater Fish Commission permits. Owning, maintaining or operating any facility or part thereof for the following purposes is prohibited: (a) Fighting or baiting any animal by the owner of such facility or any other person or entity. (b) Raising any animal or animals intended to be ultimately used or used for fighting or baiting purposes, .. (c) For purposes of this subsection, the term baiting is defined as set forth in § 828.122(2)(a), F.S., as it may be amended from time to time. (2) Single-family residential dwelling units, including mobile homes where a . Mobile Home Zoning Overlay exists.. (3) Multi-family residential structures, if clustering is employed. (4) Rural Villages, subject to the provisions set forth under Section 2.2.2½.2.B below. (5) Dormitories, duplexes and other types of staffhousing, as may be incidental to, and in support of, conservation uses. (6) Family Care Facilities: 1 unit per 5 acres and subject to Section 2.6.26.1.1 of this Code. (7) Staff housing as may be incidental to, and in support of, safety service facilities and essential services. (8) Farm labor housing limited to 10 acres in any single location: (a) Single family/duplex/mobile.home: 11 dwelling units per acre; Co) Multifamily/dormitory: 22 dwelling units/beds per acre. (9) Sporting and Recreational camps not to exceed 1 cabin/lodging unit per 5 gross acres. (10) Those Essential services identified as permitted uses in Section 2.6.9.1.A and in accordance with the provisions, conditions and limitations set forth therein. (11)Golf courses or driving ranges, subject to the following standards: (a) The minimum density shall be as follows: i. For golf course projects utilizing Density Blending Provisions set forth in the Density Rating System of the FLUE: one (1) dwelling unit per five (5) gross acres. ii. For golf course projects not utilizing Density Blending Provisions, including freestandi_ng golf courses: the minimum density Shall be one (1) dwelling unit per five (5) gross acres, and one additional dwelling unit per five (5) gross acres for the land area utilized as part of the golf course, including the clubhouse area, rough, fairways, greens, and lakes, but excluding any area dedicated as conservation, wh irrigated and retained in a natural state. The additional requi~ 28 eh is non= ~! de~A FI'EM TAL~532626.5 for such golf cOurse development shall be achieved by acquiring TDRs from Sending Lands. (b) Golf courses shall be designed, constructed, and managed in accordance with Audubon Intemational's Gold Signature Program, The project shall demonstrate that the Principles for Resource Management required by the Gold Signature Program (Site Specific Assessment, Habitat Sensitivity, Native and Naturalized Plants and Natural Landscaping, Water Conservation, Waste Management. Energy Conservation & Renewable Energy Sources, Transportation, Greenspace and Corridom~ ~Agficulture, and Building Design) have been incorporated into the golf course's design and operational procedures. (c) In order to prevent the contamination of soil, surface water and ground water by the materials stored and handled by golf course maintenance operations, golf courses shall comply with the Best Management Practices for Golf Course Maintenance Departments, prepared by the Florida Department of Environmental Protection, May 1995. (d) To protect ground and surface water quality fi.om fertiliZer and pesticide usage, golf courses shall demonstrate the following management practices: i. The use of slow release nitrogen sources; ii. The use of soil and plant tissue analysis to adjust timing and amount of fertilization applicatiOns; iii. The use of an integrated pest management program using both biological and chemical agents to control various pests; iv. The coordination of pesticide applications with the timing and application of irrigation water; v. The use of the procedure contained in IFAS Circular 1011, Managing Pesticides for Golf Course Maintenance and Water Quality Protection, May 1991 (revised 1995) to select pesticides that will have a minimum adverse impact on water quality (e) To ensure water conservation, golf courses shall incorporate the following in their design and operation: i. Irrigation systems shall be designed to use weather station information and moisture-sensing systems to determine the optimum amount of irrigation water needed considering Soil moisture and evapotranspiration rates. ii. Golf courses shall utilize treated effluent reuse water ConsiStent with Sanitary Sewer Sub-Element Objective 1.4 and its policies to the extent that a sufficient amount of such water is available and the piping or other conveyance necessary for delivery of such water exists at a. location abutting the golf course property boundary or within 50 feet of such boundary and accessible via existing fights of way or cas :men~r~A [~' 29 TAL~532626.5 b. Accessory Uses. iii. Native plants shall be used exclusively except for special purpose areas such as golf greens, fairways, and building sites. Within these excepted areas, landscaping plans shall require that at least 75% of the trees and 50% of the shrubs be freeze-tolerant native Floridian species. At least 75% of the required native trees and shrubs shall also be drought tolerant species. (f) Stormwater management ponds shall be designed to mimic the functions of natural systems: by establishing shorelines that are sinuous in configuration in order to provide increased length and diversity of the littoral zone. A Littoral shelf shall be established to provide a feeding area for water dependent avian species. The combined length of vertical and rip-rapped walls shall be limited to 25% of the shoreline/Credits to the site preservation area requirements, on an acre- to- acre basis, shall be given for littoral shelves that exceed these littoral shelf area requirements. (g) Site preservation and native vegetation retention requirements shall be those set forth in Section 3.9.4 of this Code. (12)Public and private schools, subject to the following criteria: (a) Site area and school size shall be subject to the General Educational Facilities Report submitted annually by the Collier County School Board to the Board of County Commissioners. (b) The Site must comply with the State Requirements for Educational Facilities adopted by the State Board of Education. (e) The site shall be subject to all applicable State or Federal regulations. (13) Oil and gas exploration, subject to state drilling permits and Collier County non-environmental site development plan review procedures. Directional- drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C- 30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant Shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C, even if outside the defined Big cypress Watershed. All access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. AGENDA TAI~$32626,5 1. Accessory uses as set forth in Section 2.2.2.2.2 of this Code. 2. Accessory Uses. and structures that are accessory and incidental to uses permitted as of right in the RFMU District. 3. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed, and approved on a site development plan or preliminary subdivision plat for that development. Recreational facilities may include, but are not limited to clubhouse, community center building, tennis facilities, playgrounds and playfields. c. Conditional Uses. The following uses are permissible as conditioi~l' uses subject to the standards and procedures established in division 2.7.4 (1) Oil and gas field development and production, subject to state field development permits and Collier County non-environmental site deVelopment plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County c,i! cad ga: environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the. state permits comply with the requirements of Chapter 62C-25 through 62C- 30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C, even if outside the defined Big Cypress Watershed. All access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. (2) Group care facilities and other care housing facilities, other than family care facilities, subject to a maximum floor area ratio of 0.45. (3) Zoos, aquariums, and botanical gardens, and similar uses. (4) Facilities for the collection, transfer, processing, and reduction of solid waste. (5) Commun/ty facilitieS, such as, places of worship, childcare facilities, cemeteries, and social and fraternal organizations. (6)Travel trailer recreation vehicle parks, subject to the following criteria: (a) the site is adjacent to an existing travel trailer recreational vehicle site; and (b)the site is no greater than 100% of the size of the existing ldiacent park site. AC, ra~A rr~ No. (7)' Those Essential Services identified in 2.6.9.2.A and C. 31 FEB' 1 1:'200 TALO532626.5 (8) In RFMU'Receiving Lands other than those within the NBMO, asphalt and concrete batch-making plants. (9) In RFMU Receiving Lands other than those within the NBMO, earth mining and extraction. be Design Standards a. Development Not Utilizing Clustering. (1) Minimum lot area: 5 Acres. (2) Minimum lot width: 165 Feet. (3) .Minimum yard requirements: (a) Front Yard: 50 feet Co) (c) '(d) Side Yard: 30 feet Rear Yard: 50 feet Nonconforming lots in existence as of June 22, 1999: i.. Front Yard: 40 feet. ii. Side Yard: 10 percent of lot width, not to exceed 20 feet on each side,' iii. Rear Yard: 50 feet. CluStered Development. (1) Lot areas and widths. (a) Single-family i. Minimum Lot Area: 4,500 square feet. ii. Maximum Lot Area: One Acre. iii. Minimum Lot Width: Interior lots 40 feet. iv. Maximum Lot Width: 150 feet. (b)Multi-family i. Minimum Lot Area: One Acre. ii. Maximum Lot Area: None. iii. Minimum Lot Width: 150 feet. iv. Maximum Lot Width: None. (2) Minimum yard requirements. (a) Single-family. Each single-family lot or parcel minimum yard requirement shall be established within an approved. PUD, or shall' comply with the following standards: i. Front: 20 feet (Note FrOnt Yard Set back may be reduce where parking for the unit is accessed via a rear ally. 32 rl to 10 feet .... - - FEB 1 TAL~5~262§.5 Native VegetatiOn Retention. Usable Open Space. ii. Side: 6 feet iii. Rear: 15 feet iv. Accessory: Per Section 2.6.2 (b) Multi-family. For each multi-family lot or parcel minimum yard shall be established within an approved PUD, or shall comply with the following standards: i. Setback from Arterial or Collector roadwaY(s): no multi-family dwelling may be located closer than 200 feet to a roadway classified or defined as an arterial roadway or 100 feet fi.om any roadway classified or defined as a collector roadway. ii. Front: 30 feet. iii. Rear: 30 feet. iv. Side yard/separation between any multi-family Buildings: One-half of the building height or 15 feet, whichever is greater. v. Accessory: Per Section 2.6.2 (3) Height limitations. (a) Principal structures. i.' Single Family: 35 feet~ ii. Multi-family: Five Stories not to exceed 60 feet. iii. Other structures: 35 feet except for golf course/community clubhouses, which may be 50 feet in height. (b)Accessory structures.,...,...oov.A ......... .~. 20 feet, except for screen enclosures, which may be the same height as the principal structure. (4) Minimum floor space. (a) Single Family: 800 square feet Co) Multi-family: i. Efficiency: 450 Square feet ii. One BedrOom: 600 square feet iii. Two or More. Bedrooms: 800 square feet Parking. As required in Division 2.3 of this Code. Landscaping. As required in division 2.4. of this Code. Signs. As required in division 2.5. of this Code. As required in Section 3.9.4.3. of this Code. 33 FEB 1 ] 200 TAI.~532626.5 a. Projects of 40 or more acres in size shall provide a minimum of 70% usable open space. b. Usable Open Space includes active or passive recreation areas such as parks, plaYgrounds, golf courses, waterways, lakes, nature trails, and oth~' similar open spaces. Usable Open Space shall also include areas set aside for conservation or preservation of native vegetation and landscape areas. c. Open water beyond the perimeter of the site, street right-of-way, except wh~¢ dedicated or donated for public uses, driveways, off-street parking and loading areas, shall not be counted towards required Usable Open Space.',, RURAL VILLAGES. Rural Villages, including Rural Villages within the NBMO, may be approved within the boundaries of RFMU Receiving Lands, subject to the following: 1. Allowable Uses. a. All permitted uses identified in Section 2.2.2½.2.A.3.a., when specifically identified in, and approved as part of, a Rural Village PUD. b. Conditional uses 1 through 5, and 7 identified in Section 2.2.2½.2.A.3.c., when specifically identified in, and approved as part of a Rural Village PUD. c. All permitted and accessory uses listed in the C-4 General Commercial District, Section 2.2.15.2, subject to the design guidelines and development standards set forth in this Section. d. Research and Technology parks, with a minimum size of 19 acres and a maximum size of 4% of the total Rural Village acreage, subject to the design guidelines and development standards set forth herein, the. applicable standards contained in Section 2.2.20.4.8. Research and technology park planned unit development district guidelines and development standards, and further subject to the following: (1) Research and Technology Parks shall be permitted to include up to 20% of the total acreage for non-target industry uses of the type identified in paragraph (3) below; and, up to 20% of the total acreage for work_force housing, except as provided in paragraph (7) below. At a minimum, 60% of the total park acreage must be devoted to target industry uses identified in paragraph (2) below. The specific percentage and mix of each category of use shall be determined at the time of Rural Village PUD rezoning. (2) The target industries identified by the Economic Development Council of Collier County are aviation/aerospace industry, health technology indUstry and information technology industry, and include the following uses: sol, are development and programming;, internet technologies and electronic commerce; multimedia activities and CD-ROM development; data and information processing; call center and customer support activities; professional services that are export based such as laboratory 'research or testing activities; light manufacturing in the high tech target sectors of aviation/aerospace and health and information technologies; office connection with on-site research; development testing and related TAI~532626.5 manufacturing; general administrative offices of a research and development firm; educational, scientific and research organiZations; prOduction facilities and operations. (3) Non-target industry uses may include hotels at a density consistent with the provisions in Section 2.2.15.4.7. and those uses in the C-1 through Zoning Districts that provide support services to the target industries such as general office, banks, fitness centers, personal and prOfessional services, medical, financial and convenience sales and services, computer related businesses and services, employee training, technical conferencing, day care centers, restaurants and corporate and government offices. (4) The Rural Village PUD shall include standards for the development of individual building parcels within the park and general standards shall be adopted for pedestrian and vehicular interconnections, buffering, landscaping, open spaces, signage, lighting,.screening of outdoor storage, parking and access management, all to be consistent with and compatible to the other uses within the village. (5) The Research and Technology park must be adjacent to, and have direct access via an existing or developer constructed local road to an arterial or collector roadway. The portion of the local roadway intended to provide access to the Research and Technology Park shall not be within a residential neighborhood and does not service a predominately residential area. (6) The Research and Technology Park shall be compatible with surrounding land uses. Accordingly, it shall be separated from any residentially zoned or designated land within the Rural Village by a minimum Type "C" landscape buffer, as set forth in Section 2.4.7.4 of this Code. (7) Whenever workforce housing is provided, it shall be fully.integrated with other compatible uses in the park through mixed-use buildings and/or through pedestrian and vehicular interconnections. (8) Building permits for non-target industry uses identified in paragraph (3) above shall not be issued prior to issuance of the first building permit for a target industry use. e. AnY other use deemed by the Board of County Commissioner to be appropriate and compatible within a Rural Village. Mix of Neighborhood Types. Rural Villages shall be comprised of several neighborhoods designed in a compact nature such that a majority of residential development is within one-quarter mile of a Neighborhood Center. Neighborhood Centers may include small-scale service retail and office uses, and shall include a public park, square, or green. Village Centers shall'be designed to serve the retail, office, civic, government uses and service needs of the residents of the Rural Village. The Village Center shall be the primary location for commercial uses. Rural Villages shall be sun'ounded by a green belt in order to protect the character of the rural landscape and to provide separation between Rural Villages and the low d develoPment, agricultural uses, and conservation lands that may surround 35 FEB 1 1:'200t TAI~532626o5 Village. Rural Villages shall be designed to inClude the following: a mixture of residential housing types; insfituti°nal and/or commercial uses; and recreational uses, all of which shall be sufficient to serve the residents of the Rural Village and the surrounding lands. In addition, except as specifically provided otherwise for Rural Villages within the NBMO, the following criteria and conditions shall apply to all . Rural Villages. a. Allocation of Land Uses. Specific allocations for land uses including residential, commercial and other non-residential uses within Rural Villages, shall include, but are not limited to: (1) A mixture of housing types, including attached and/or detaeh~ single family, as well as multi-family shall be provided within a Rural Village. A minimum of 0.2 units per acre in a Rural Village shall be Affordable Housing, of which at least 0.1 units per acre shall be Workforce Housing. The Rural Village shall be designed so as to disperse the Affordable and Workforce Housing units throughout the Village rather than concentrate them in a single location. (2) A mixture of recreational uses, including parks and village greens. . (3) Civic, community, and other institUtional uses. (4) A mixture of lot sizes, with a design that includes more compact development and attached dwelling units within neighborhood centers and the Village Center, and reduced net densities and increasingly larger lot sizes for detached residential dwellings generally occurring as development extends outward fi-om the Village Center. (5) A mixture of retail, office, and services uses. (6) If requested by the Collier County School Board during the PUD and/or DRI review process, school sites shall be provided and shall be located to serve a maximum number of residential dwelling units within walking distance to the schools, subject to the following criteria: (a) Schools shall be located within or adjacent to the Village Center; Co) A credit toward any applicable school impacts fees shall be provided based Upon an independent evaluation/appraisal of the value of the land and/or improvements provided by the developer; and . (c) Schools shall be located in order to minimize busing of students and to .co- locate schools with public facilities and civic structures such as parks, '. libraries, community centers, public squares, greens and civic areas. (7) Within the NBM Overlay, elementary schools shall, be accessed by local streets, pedestrian and bicycle facilities, and shall be allowed in and adjacent to the Rural Village Center, provided such local 'streets provide adequate access as needed by the School Board. b. Acreage Limitations. (1) Rural Villages shall be a minimum of 300 acres and a acres, exclusive of the required green belt, with exception that the TALg532626.5 size of a Rural Village within those RFMU Receiving Lands south of the Belle Meade NRPA shall not exceed 2,500 acres. (2) Neighborhood Center - 0.5% of the total Rural Village acreage, not to exceed 10 acres, within each Neighborhood Center. (3) Neighborhood Center Commercial - Not to exceed 40% of the Neighborhood Center acreage and 8,500 square feet of.gross leasable floor area per acre. (4) Village Center - Not to exceed 10% of the total Rural Village acreage. (5) Village Center commercial - Not to exceed 30% of the Village Center acreage and 10,000 square feet of gross leasable floor area per acre. (6) Research and Technology Parks limited to a minimum size of 19 acres and a maximum size of 4% of the total Rural Village acreage. (7) Civic Uses and Public Parks - Minimum of 15% of the total Rural Village acreage. 3. Density. A Rural Village shall have a minimum density of 2.0 units per gross acre and a maximum density of 3.0 units per acre, except that the minimum density with a NBMO Rural Village shall be 1.5 units per gross acre. Those densities shall be achieved as follows: a. Base Density. A base density of 0.2 dwelling units per acre (1.0 dwelling units per five acres) for lands within the Rural Village, and the land area designated as a greenbelt surrounding the Rural Village, is granted by right for allocation within the designated Rural Village. b. Minimum Density. For each TDR Credit for use in a Rural Village, one Bonus Credit shall be granted, up to the minimum gross density of 2.0 units per acre outside of the N-BMO and 1.5 units per acre within the NBMO. c. Maximum Density. A developer may achieve a density exceeding the minimum required density, up to a maximum of 3.0 units per acre, through the following (1) TDR Credits; (2) An additional density bonus 0.3 units per acre for the additional preservation of native vegetation as set forth in Section 3.9.4.5.B; (3) An additional density bonus of 0.3 units per acre for additional wetlands mitigation as set forth in 3.9.5.3.B.2; and/or (4) An additional density bonus of 0.5 units per acre for each Affordable or Workforce Housing unit. 4. Other Design 'Standards a. Transportation System Design. (1) The Rural Village shall be designed with a formal street la, out. usin~ primarily a grid design and incorporating village greens, squarc and~tqr~l~A uses as focal points. 37 TAI.~532626.5 Ce (2) Each Rural Village shall'be served by a binary road system that is aCCessible by the Public and shall not be gated. The road sYStem within the Rural Village shall be designed to meet County standards and shall be dedicated to the public. (3) A Rural Village shall not be split by an arterial roadway. (4) Interconnection between the Rural Village and adjacent developments shall be required. (5) Neighborhoods, Neighborhood Centers, and the Village Center shall be connected through local and collector streets and shall incorporate traffic calming techniques as may be appropriate to discourage high-speed traffic. (6) Public transit and school bus stops shall bc co-located, where practicable. (7) Pedestrian paths and bikewaYS shall be designed so as to provide access and interconnectivity. b. Location Restrictions and Standards. (1) In locating 'both schools and housing units within the Rural Village, consideration shall be given to minimizing busing needs within the community.' (2) A Rural Village shall not be located any closer than 3.0 miles from another Rural Village. (3) No more than one Rural Village may be located in each of the distinct RFMU District Receiving Areas depicted on the FLUM and on the Official Collier County Zoning Atlas maps. (4) A Rural Village shall have direct access to a roadway classified by Collier County as an arterial or collector roadway.' Alternatively, access to the Rural Village may be via a new collector roadway directly accessing an existing arterial, the cost ofwhich shall be borne entirely by the developer. (5) A Rural Village shall be located where other public infrastructure, such as potable water and sewer facilities, already exist or arc planned. Size Limitations. Rural Villages shall be a minimum of 300 acres and a maximum of 1,500 acres, except within RFMU Receiving Lands south of the Belle Meade NRPA where the maximum size may not exceed 2,500 acres. This required Rural Village size is exclusive of the required Greenbelt area set forth in Section 2.2.2½.2.B.6. Additional Village Design Criteria. Rural Villages shall be designed in accordance with the following provisions: (1) Rural Villages shall be developed in a progressive urban to rural continuum with the greatest density, intensity and diversity occurring within the Village Center, to the least density, intensity and diversity occurring withi~, th~. edoe of the neighborhoods approaching the greenbelt. A~OA rrOa 38 TAI.~5~2626,5 (2) Rural Villages. may include "Special Districts" in addition to the Village Center, Neighborhood Center and Neighborhoods, to accommodate uses that · may require use specific design standards not otherwise provided for herein. Such Special Districts, their proposed uses, and applicable design standards shall be identified as part of the Rural Village PUD rezone process. (3) The Rural Village PUD Master Plan shall designate the location of the Village Center and each Neighborhood, Neighborhood 'Center and as may be applicable, Special Districts. Rural Villages shall include a Village Center and a minimum of two distinct neighborhoods, with defined ~.eighborhood Centers. (4) A mixture of allowable uses is encouraged to occur within buildings in the Village Center and Neighborhood Centers. (5) Transient lodging is permitted at up to 26 guest units per acre calculated on the acreage of the parcel occupied by the transient lodging and its ancillary facilities, if such parcel includes multiple uses. (6) Building heights may vary within the Village Center and Neighborhood Centers, but shall not exceed 5 stories not exceeding 65 feet with the Village Center, or 4 stories no exceeding 55 feet within the Neighborhood Center, and 3 stories not to exceed 40 feet within 200 feet of the Greenbelt. The height exclusions set forth in Section 2.6.3.1 of this Code apply within a Rural Village. The height exclusion set forth in Section 2.6.3.2. applies in the Village Center only, except that: (a) 2.6.3.2.(4) requiring 300 square feet of green spaces for each parking space for which the height waiver is granted shall not apply; however, (b) For each parking space for which the height waiver is granted, an equal amount of square footage of Open Space shall be provided in excess of the minimum set forth in 2.2.2½.2.B.7. (7) The minimum lot area shall be 1,000 SF; however, within neighborhoods, especially approaching the edge of the Village and the surrounding green belt, less compact larger lot residential development may occur. (8) Within the Village Center and Neighborhood Centers, individual block perimeters shall not exceed 2,500 linear feet. (9) Within the Village Center and Neighborhood Centers required yards shall be as follows: (a) Front setbaCks - 0 to 10 feet fi.om the right-of-way line (b) Side setbacks - 0 feet (c) Rear setbacks - 0 feet (10)Within neighborhoods outside of a Neighborhood or Village Center required yards may vary but shall be designed so as to provide for adequate light, opens space ad movement of air, and shall consider the design ol i-uti v r ,, urban to rural continuum with the greatest density, intensity md i~v, ersity 39 FEI~ 1.1 200ti T^L~532626.5 occurring within the Village Center, to the least density, intensity and diversity occurring within the edge of the neighborhoods approaching the greenbelt. (11)Within_ the Village Center and Neighborhood centers overhead encroachments such as awnings, balconies, arcades and the like, mUst maintain a clear distance of 9 feet above the sidewalk and 15 feet above the street; (12) Seating for outdoor dining shall be permitted to encroach the public sidewalks and shall leave a minimum 6-foot clear pedestrian way between the outdoor dining and the streetscape planting area. (13)Civic or ~stitutional Buildings shall be subject to the specific standards of this subsection that regulate building height, building placement, building use, parking, and signage except as deviations are deemed appropriate by the Collier County planning staff' with respect to the creation of focal points, vistas, and significant community landmarks. Specific design standards shall be provided in the Rural Village PUD document. (14)Architectural. Standards: Buildings within the Village Center shall be made . compatible through similar massing, volume, frontage, scale and architectural features. The PUD document shall adhere to the provisions of'Division 2.8 of this Code; however, deviations may be requested where such deviations are shown to fitrther these Rural Village design standards. (15) Required vehicular parking and loading amounts and design criteria: (a)-The amount of required parking shall be demonstrated through a shared parking analysis submitted with an SRA designation application. Parking shall be determined utilizing the modal splits and parking demands for various uses recognized by FI'E, UL! or other sources or studies. The analysis shall demonstrate the number of' parking spaces available to more than one use or fimction, recognizing the required parking will vary depending on the multiple fimctions or uses in close proximity which are unlikely to require the spaces at the same time. (b) On-site parking areas shall be organized into a series of small bays delineated by landscape islands of varied sized. A maximum spacing between landscape islands shall be 10 spaces. Landscape islands and tree diamonds shall have a minimum of' one canopy tree. (c) ?arking lots shall be accessed fi'om alleys, service lanes or secondary streets. (d) Any or all of the above parking requirements may be further reduced if a shared parking plan is submitted as part of a Rural Village PUD or subsequent site development plan application. The shared parking plan shall demonstrate that the reduced parking is warranted as a result of the following: shared building and/or block use(s) where parking demands for certain uses are low when other demands are higher; a con( ..... :-- -" No. 40 FEB 1 1'200~ TAI.~532626.5 Open Space. Within the Rural Village, a minimum of 70% of Open Space s] provided, inclusive of the Greenbelt. residential dwelling units located within 600 feet of non-residential uses; the existence of transit for use by residents and visitors. (16)Landscaping minimums within the Village Center or within Neighborhood Centers shall be met by: (a) Providing landscaping within parking lots as described, and by providing .a streetscape area between the sidewalk and curb at a minimum of 5 Ft. in width; Co)Planting street trees every 40 Ft. O.C. The street tree' pattern may be interrupted by architectural elements such as arcades and cblhmns. (c) Plantings areas, raised planters, or planter boxes in the front of and adjacent to the buildings, where such planting' areas do not interfere with pedestrian access and mobility. (d)Providing for additional pubic use landscape areas at intervals within the streetscape, on identified parcels with blocks, or as part of public greens, squares, parks or civic uses. (17)Signs: The PUD document shall adhere to the provisions of Division 2.5 of this Code; however, deviations may be requested where such deviations are shown to further these Rural Village design standards by providing for pedestrian scale signage standards with Neighborhood Centers or the Village Center. Native Vegetation. Native vegetation shall be preserved as set forth in 3.9.4.3.A. Greenbelt. Except within the NBMO Rural Village, a Greenbelt averaging a minimum of 500 feet in width, but not less than 300 feet in width, shall be required at the perimeter of the Rural Village. The Greenbelt is required to ensure a permanently undeveloped edge surrounding the Rural Village, thereby discouraging sprawl. Greenbelts shall conform to the following: a. Greenbelts may only be designated on RFMU Receiving Lands. b. The allowable residential density shall be shifted from the designated Greenbelt to the Rural Village. c. The Greenbelt may be concentrated to a greater degree in areas where it is necessary to protect listed species habitat, including wetlands and uplands, provide for a buffer from adjacent natural reservations, or provide for wellfield or aquifer protection. However, at no location shall the Greenbelt be less than 300 feet in width. d. Golf courses and existing agriculture operations am' permitted within the Greenbelt, 'subject to the vegetation retention standards set forth in Section 3.9.4.3.A. However, golf course turf areas shall only be located within 100 feet of the Greenbelt boundaries (interior and exterior boundary); further, these turf areas shall only be located in previously cleared or disturbed areas. 41 8. Process for Approval of a Rural Village. Applications for approval shall be submitted in the form of a Planned Unit Development (PUD) rezone utilizing the standard form(s) developed bY Collier County, and subject to the Fees established for a PUD rezone application. Where applicable, the Rural Village PUD application will be submitted in conjunction with a Development of Regional Impact (DRI) application as provided for in Chapter 380 of Florida Statutes, or in conjunction with any other Florida provisions of law that may supercede the DRI process. Thc applicant shall notify the owner(s) of subsurface mineral rights to the property within the boundaries of the proposed Rural Village prior to approval of the PUD. The Application for Rural Village PUD approval 'shall demonstrate general compliance with the provisions of Section 2.2.20 and shall include the following additional submittal requirements: a. EIS. An environmental impact statement for the Rural Village and surrounding Greenbelt area shall be submitted an accordance with the requirements of Section 3.8 ofth/s Code b. Demonstration of Fiscal Neutrality. An analysis that demonstrates that the Rural Village will be fiscally neutral to County taxpayers outside of the Rural Village. This analysis shall evaluate the demand and impacts on levels of service for public facilities and the cost of such facilities and services necessary to serve the Rural Village. In addition, this evaluation shall identify projected revenue sources for services and any capital improvements that may be necessary to support the Rural Village. In conclusion, this analysis shall indicate what provisions and/or commitments will be to ensure that the provision of necessary facilities and services will be fiscally neutral to County taxpayers outside of the Rural Village. At a minimum, the analysis shall consider the following: (1) Stormwater/drainage facilities; (2) Potable water provisions and facilities; (3) Reuse or "Grey" water provisions for irrigation; (4) Central sewer provisions and facilities; (5) Law enforcement facilities; (6) School facilities; (7) Roads, transit, bicycle and pedestrian facilities and pathways; (a) Solid Waste facilities. Co) Development phasing and funding mechanisms to address any impacts to level of service in accordance with the County's adopted concurrency management program to ensure that there will be no degradation to the adopted level of service for public facilities and infrastructure identified in (1) through (7) above. 2.2.2½.3. NEUTRAL LANDS. Neutral Lands have been identified for limited semi-rural residential development. Available data indicates that Neutral Lands have a high~ ~,--*~,, qf native vegetation, and thus higher habitat values, than lands designated as RFM1 Rece~°A frr_~ 42 FED 1 l...2004 TAL~532626.5 Lands, but these values do not approach those of RFMU Sending Lands. Therefore, the~e lands are appropriate for limited development, if such development is directed away from existing native vegetation and habitat. Within Neutral Lands, the following standards shall apply: A. ALLOWABLE USES. The following uses are permitted as of right: 1. Uses Permitted as of Right. a, Agricultural activities, including, but not limited to: Crop raising, horticulture, fruit and nut production, forestry, groves, nurseries, ranching, beekeeping, poultry and egg production, milk production, livestock raising, and aquaci/lture for native species subject to the State of Florida Fish and Wildlife Conservation Commission. Owning, maintaining or operating any facility or part thereof for the following purposes is prohibited: (1) Fighting or baiting any animal by the owner of such facility or any other person or entity. (2) Raising any animal or animals intended to be ultimately used or used for fighting or baiting purposes. (3) For purposes of this subsection, the term baiting is defined as set forth in § 828.122(2)(a), F.S., as it may be amended fi.om time to time. b. Single-family residential dwelling units, including mobile homes where a Mobile Home Zoning Overlay exists. c. Dormitories, dupleXes and other types of staff housing, as may be incidental 'to, and in support of, conservation uses. d. Group housing uses subject to the following density/intensity limitations: e. Family Care Facilities: 1 unit per 5 acres; f. Group Care Facilities and other Care Housing Facilities: Maximum Floor Area Ratio (FAR) not to exceed 0.45. g. Staff housing as may be incidental to, and in support of, safety service facilities and essential services. h. Farm labor housing limited to 10 acres in any single location: (1) Single family/duplex/mobile home: 11 dwelling units per acre; . (2) Multifarnily/dormitory: 22 dwelling units/beds per acre. i. Sporting and Recreational camps, not to exceed 1 cabin/lodging unit per 5 gross acres. j. Those Essential Services identified in Section 2i6.9.1.A. k. Golf courses or driving ranges, subject to the following standards: (1) Golf courses shall be designed, constructed, and managed in accordance with Audubon International's Gold Signature Program. AGENOA ITEM TAI~532626.5 43 FEB. TAI.~532626,5 (2) In order to prevent the contamination of soil, surface water and ground water by the materials stored and handled by golf course maintenance operations, golf courses shall comply with the Best Management Practices for Golf Course Maintenance Departments, prepared by the Florida Department of Environmental Protection, May 1995. (3) To protect ground and surface water quality fi.om fertilizer and pesticide usage, golf courses shall demonstrate the folloWing management practices: (a) The use of slow release nitrogen sources; CO) The use of soil and plant tissue analysis to adjust timing' and amount of fertilization spplieafions; (c) The use of an integrated pest management program using both biological and chemical agents to control various pests; (d) The coordination of pesticide applications with the timing and application of irrigatiOn water; (e) The use.of the procedure contained in IFAS Circular 1011, Managing Pesticides for Golf Coume Maintenance and Water Quality Protection, May 1991 (revised 1995) to select pesticides that will have a minimum adverse impact on water quality. (4) To ensure water conservation, golf courses shall incorporate the following in their design and operation: (a) Irrigation systems shall be designed to use weather station information and moisture-sensing systems to determine the optimum amount of irrigation water needed considering soil moisture and evapotranspiration rates. Co)As available, golf courses shall utilize treated effluent reuse water consistent with Sanitary Sewer Sub-Element Objective 1.4 and its policies. (c)Native plants shall be used exclusively except for special purpose areas such as golf greens, fairways, and building sites. Within these excepted areas, landscaping plans shall require that at least 75% of the trees and 50% of the shrubs be freeze-tolerant native Floridian species. At least 75% of the required native trees and shrubs shall also be drought tolerant species. (5) Stormwater management ponds shall be designed to mimic the functions of - natural systems: by establishing shorelines that are sinuous in configuration in order to provide increased length and diversity of the littoral zone. A Littoral shelf shall be established to provide a feeding area for water dependent avian species. The combined length of vertical, and rip-rapped walls shall be limited to 25% of the shoreline. Credits to the site preservation area requirements, on an acre- to- acre basis, shall be given for littoral shelves that exceed these littoral shelf area requirements. (6) Site preservation and native vegetation retention requirements same as those set forth in the RFMU District criteria. Site preser 44 auo arffas F£B 1 !.2004 TAI.g$32626.$ are intended to provide habitat functions and shall meet minimum'dimensions as set forth in the Land Development Code. These standards shall be established within one year. 1. Public and private schools, subject to the following criteria: (1) Site area and school size shall be subject to the General Educational Facilities Report submitted annually by the Collier County School Board to the Board of County Commissioners. (2) The Site must comply with the State Requircnnents for Educational Facilities adopted by the State Board of Education. (3) The site shall be subject to all applicable State or Federal regulations. m. Oil and gas exploration, subject to state drilling permits and Collier County non- environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County oil and ga~ environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C, even if outside the defined Big Cypress Watershed. All. access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. Accessory Uses. The following uses are permitted as accessory to uses permitted as of right or to approved conditional uses: a. Accessory Uses and structures that are accessory and incidental to uses permitted as of right in Section 2.2.2½.3.2 above. b. Recreational facilities that serve as an integral part ora residential development and have been designated, reviewed, and approved on a site development plan or preliminary subdivision plat for that development. Recreational facilities may include, but are not limited to clubhouse, community center building, tennis facilities, playgrounds and playfields. Conditional Uses. The following uses are permissible as conditional uses subject to the standards and procedures established in division 2.7.4 Zoo, aquarium, botanical garden, or other similar uses. Community facilities, such as, places of worship, childcare facilities, ce: social and fraternal organizations. 45 ieteri~A 1 1.:'200 c. Sports instructional schoolsand camps. d. Those Essential Services identified in 2.6.9.2.A and C. e. Oil and gas field development and production, subject to state field development permits and Collier County non-environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C- 30, F.A.C., regardless of whether the activity occurs wi~in the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County ^:' ~ ~ I p ...... ~ environmenta ermitting requirements shall be considered satisfied by evidence of the issuance of all applicable' federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A,C, even if outside the defined Big Cypress Watershed. All access roads shall be constructed and protected from unauthorized uses according to the standards, established in Rule 62-30.005(2)(a)(1) through(12), F.A.C. f. Earth mining and extraction and related processing. B. DENSITY 1. Maximum Gross Density. The maximum gross density in Neutral Lands shall not exceed one dwelling unit per five gross acres (0.2 Dwelling units per acre), except that the maximum gross density for those legal nonconforming lots or parcels in existence as of June 22, 1999, shall be one dwelling unit per lot or parcel. 2. Residential Clustering. Clustering of residential development is allowed and encouraged. Where clustered development is employed, it shall be in accordance'with the following provisions: a. If within the boundaries of the Rural Transition Water and Sewer District, and consistent with the provisions of the Potable Water and Sanitary Sewer Sub- elements of this Plan, central water and sewer shall be extended to the project. Where County sewer or water services may not be available concurrent with development in Neutral Lands, interim private water and sewer facilities may be approved. b. The clustered development shall be located on the site So as to provide to the greatest degree practicable: TAL~532626.5 (1) protection for listed species habitat; (2) preservation of the highest quality native vegetation; (3) connectivity to adjacent natural reservations or preservation ar, developments; and 46 FEB 1 1-200 Ce 5. 6. 7. e (4) creation, maintenance or enhancement of wildlife corridors. c. The minimum project size shall be at least 40 acres. DIMENSIONAL AND DESIGN STANDARDS. Dimensional and Design Standards set forth in Section 2.2.2.4 of this Code shall apply to all development in Neutral Land~, except for development utilizing the residential clustering provisions in paragraph 2.2.2½.3.B.2. above. In the case of such clustered development, the following dimensional standards shall apply to all permitted housing structure .types, accessory, and conditional uses: 1. Development that is Not Cluster,~l. a. Minimum lot area: 5 Acres. b. Minimum Lot Width: 165 Feet. c. Minimum Yard Requirements: (1) Front yard: 50 feet (2) Side Yard: 30 feet (3) Rear Yard: 50 feet (4) Nonconforming lots in exist,nee as of June 22, 1999: (a) Front Yard: 40 feet.' (b) Side Yard: 10 percent ofiot width, not to exceed 20 feet on each side. (e) Rear Yard: 50 feet. Development that is Clustered. a. Minimum Lot Area: 4,500 square feet. b. Maximum Lot Area: One Acre. c. Minimum Lot Width: Interior lots 40 feet. d. Maximum Lot Width: 150 feet. Height Limitations; a. Principal: 35 feet b. Accessory: 20 feet, except for screen enclosures, which may be the same height as the principal structure. c. G°lfcourse/community clubhouses: 50 feet Floor Area. The minimum floor area for each dwelling unit shall be 800 square feet. e Parking. As required in division 2.3. Landscaping. As required in division 2.4. Signs. As required in division 2.5. · NATIVE VEGETATION RETENTION. forth in Section 3.9.4.3. TALg532626.$ 47 Native vegetation shall be pre,, TAI.~532626,5 E. USABLE OPEN SPACE. 1. ~ T~.t.~.~,.u..~ '~'o~...~,~,. ~r,-,~-~c .... Proj~ts of 40 acres or more ~ size sh~l p~de a ~~ of 70% usable op~ ~e. 2. Usable ~ Sp~e includes active or p~sive recreation ~e~ such ~ p~, play~o~, golf co~es, wate~ays, l~es, na~e trails, ~d spaces. Usable ~en Sp~e shall also include ~e~ set ~ide for cons~afion or prese~ation of native vegetation ~d l~dscape ~e~. 3. ~ water beyond ~e pe~et~ of ~e site, s~et H~t~f-way, ~xc~t wh~ dedicated or donated for public uses, ~veways, off-s~et p~g ~d long ~, shall not be co~t~ tow~ r~ed Usable ~en Sp~e. 2.2.2H.4. ~ SE~ING L~S. ~ Sending L~ds ~e ~ose ~est de~ee of enviro~ental v~ue ~d sensiti~ ~d g~erally include si~fic~t wetl~ds, upl~ds, ~d habi~t for listed species. ~ Send~g ~ ~ ~e p~cip~ t~get for prese~ation ~d conse~a~on. Density may be ff~sfe~ ~m ~ S~ding L~ds ~ prodded ~ Section 2.6.39.3. All ~As wi~ ~e ~ Dis~ct ~ ~so ~ Sending L~ds. Wi~ ~e excep~on of specific provisions applicable o~y to ~MO Neuffal L~ds, the follo~ng st~d~ds shall apply wi~n ~1 ~ Sen~g ~: A. ~LOW~LE USES ~E~ TDR C~DITS HA~ NOT BEEN SE~D 1. Uses PermiHed as of ~ght a. A~cul~al uses consistent ~ Sectio~ 163.3162 ~d 823.14(6) FloH~ Statutes ~loHda ~t to F~ Aco. b. Detach~ single-f~ily dwelling ~ts, includingmobile homes where ~e Mobile Home Zo~g Overlay exists, c. Habitat prese~ation ~d conse~ation uses. d. P~sive p~ks ~d o~er p~sive recreational uses. e. Sporting ~d Recreafon~ c~ps, wi~in w~ch the Iod~ng compon~t sh~l not exce~ 1 ~t p~ 5 ~oss acres. ~ ~ose Essential Se~ices id~tified in 2.6.9.1.B. g. Oil ~d gas exploration, subj~t to state ~lling pe~ts ~d Cofli~ Co~ non- enviro~ental site development pl~ review proced~es. Direcfion~lling ~&or pre~ously clewed or dis~bed ~e~ shall be u61ized ~ order to m~Ze impacts to native habitats, where dete~ined to be practicable. ~s request sh~l be deemed satisfied upon issu~ce of a state p~t ~ compN~ce M~ ~e c~tefia established in Chapter 62C-25 t~ou~ 62C-30, F.A~C., reg~ess of whe~er ~e acti~ occu~ M~ ~e Big C~ress Watershe~ ~ de~ ~ R~e 62C-30.001 (2), F.A.C. All applicable Collier Co~ ~:~ ~ pe~iaing requirements shall be consid~ed satisfied by e~d~ce of~e issu~ce of all applicable federal ~or state oil ~d g~ pe~its for propos~ oil ~d g~ activities in Collier Co,V, so long ~ the state pe~i~ comply wi~ ~e requirements of Chapter 62C-25 t~ou~ 62C-30, F.A.C. For ~ose Collier Co~ outside ~e bo~d~ of~e Big C~ress Watershed, ~..~ ap~t .. B. shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C, even if outside the defined Big Cypress Watershed. All access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. Accessory Uses. Accessory Uses and structures that are accessory and incidental to uses permitted as of right in Section 2.2.2½.A. 1 above. 3. Conditional Uses. a. Those Essential services identified in Section 2.6.9.2.B. b. Public facilities, including solid waste and resource recovery facilities, and public vehicle and equipment storage and repair facilities, shall be permitted within Section 25, Township 49S, Range 26E, on lands adjacent to the existing County landfill. This shall not be interpreted to allow for the expansion of the landfill into Section 25 for the purpose of solid waste disposal. c. Oil and gas field development and production, subject to state field development permits and Collier County non-environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized' in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C- 30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C'30.001(2), F.A.C. All applicable Collier County vi! ~ gr~ environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C, even if outside the defined Big Cypress Watershed; All access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. d. Commercial uses accessory to permitted uses 1.a, 1.e. and 1 .d above, such as retail sales of produce accessory to fanning, or a restaurant accessory to a park or preserve, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. USES ALLOWED WHERE TDR CREDITS HAVE BEEN SEVERED 1. Uses Permitted as of Right a. Agricultural uses consistent with Sections 163.3162 and 823.14(6) Florida Statutes (Florida Right to Farm Act), including water management fac lities, to the extent and intensity that such operations exist at the date of any tranPIE4qi~ rro~ development rights. TAL#532626.5 49 FEB 2006 TALg532626.5 b. Cattle gazing on unimproved pasture where no clearing is required; c. Detached single-family dwelling units, including mobile homes where the Mobile Home Zoning Overlay exists, at a maximum density of one dwelling unit per 40 acres. In order to retain these development fights after any transfer, up to one dwelling must be retained (not transferred) per 40 acres. d. One detached dwelling unit, including mobile homes where the Mobile Home Zoning Overlay exists, per lot or parcel in existence as of June 22, 1999, that is less than 40 acres. In order to retain these development fights after anY transfer, up to one dwelling must be retained (not transferred) per each lot or pan:el. For the pUrPoses of this provision, a lot or pared shall be deemed to have been in existence as of June 22, 1999, upon a showing of any of the following: (1) the lot or parcel is part ora subdivision that was recorded in the public records of the County on or before J'une 22, 1999; (2) a description of the lot or parcel, by metes and bounds or other specific legal description, was recorded in the public records of the County on or before June 22, 1999; or (3) an agreement for deed for the lot or pm'eel, which includes description of the lot or parcel by limited fixed boundary, was executed on or before June 22, 1999. Habitat preservation and conservation uses. Passive parks and passive recreational uses. Those Essential Services identified in 2.6.9.1.B. Oil and gas exploration, subject to state drilling permits and Collier County non- environmental site development plan review procedures. DireCtional-drilling and/or previously cleared Or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County '~;~ ~-'~ ~.~ environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and .gas activities in Collier County, so long as the state permits comply with the. requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C, even if outside the defined Big Cypress Watershed. All access roads shall be constructed and protected fi.om unauthorized uses according to the standards established in Rule 62-30.005(2)(a)(1) through (1'2), F.A.C. e. f. g, h. Conditional Uses a. Those Essential Uses identified in 2.6.9.2.B. 50 b. Oil and gas field development and production, subject to state field development permits and Collier County non-environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C- 30, F.A.C., regardless °f whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001 (2), F.A.C. All applicable Collier County e!l and gas environmental permitting requirements Shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the . state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of C°llier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C, even if outside the defined Big Cypress Watershed. All access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. c. Conditional use approval criteria: In addition to the criteria set forth in Section 2.74.4 of this Code, the following additional criteria shall apply to the approval of conditional uses within RFMU Sending Lands: (1) The applicant shall submit a plan for development that demonstrates that wetlands, listed species and their habitat are adequately protected as specified in Divisions 3.9 and 3.11. (2) Conditions may be imposed, as deemed appropriate, to limit the size, location, and access to the conditional use. C. DENSITY. 1. 1.0 dwelling units per 40 gross acres; or 2. 1.0 dwelling unit per nonconforming lot or parcel in existence as of Sune 22, 1999. For the purpose of this provision, a lot or parcel which is deemed to have been in existence on or before June 22, 1999 is: a. a lot or parcel which is part ora subdivision recorded in the public records of Collier County, Florida; b. a lot or parcel which has limited fixed boundaries, described by metes and bounds or other specific legal description, the description of which has been recorded in the public records of Collier County Florida on or before June 22, 1999; or c. a lot or parcel which has limited fixed boundaries and for which an agreement for deed was executed prior to June 22, 1999. D. NAT/VE VEGETATION RETENTION. As required in Section 3.9.4.3. TALg532626.5 5 1 AC, Et~A ~ E. OTHER DIMENSIONAL DESIGN STANDARDS. Dimensional standards set forth in Section 2.2.2.4 of this Code shall apply to all development in Sending designated lands of the RFMU District, except as follows: 1. Lot Area and Width. a. Minimum Lot Area: 40 acres. b. Minimum Lot Width: 300 Feet. 2. Parking. As requir~ in division 2.3. 3. Landscaping. As required in division 2.4. 4. Signs. As required in division 2.5. TALg532626.5 52 AGENDA No._ TAB B SECTION 2.2.17 CONSERVATION DISTRICT TALg532626.5 53 SECTION 2.2.17 CONSERVATION DISTRICT · 2.2.17 CONSERVATION DISTRICT 2.2.17.1 PURPOSE AND INTENT 2.2.17.2 ALLOWABLE USES A. USES PERMITTED AS OF RIGHT B. USES ACCESSORY TO PERMITTED USES C. CONDrrIONAL USES 2.2.17.3 DESIGN CRITERIA A. DIMENSIONAL STANDARDS 1. MINIMUM LOT AREA 2. MINIMUM LOT WIDTH 3. MINIMUM YARD REQUIREMENTS 4. MAX/MUM HEIGHT B. MAXIMUM DENSITY AND INTENSITY 1. SINGLE FAMILY DWELLINGS AND MOBILE HOMES 2. FAMILY CARE FACILITIES 3~ GROUP CARE FACILrrIES AND OTHER FACILITIES 4. SPORTING AND RECREATIONAL CAMPS 5. STAFF HOUSING OFF-STREET PARKING LANDSCAPING SIGNS CARE HOUSING 2.2.17. CONSERVATION DISTRICT (CON DISTRICT). 2.2.17.1. PURPOSE AND INTENT. The purpose and intent of the e(~'_onservation ~I~)_istrict (CON District) is to conserve, protect and maintain vital natural resources within unincorporated Collier County that are owned primarily by the public..._All native habitat~ possess ecological and physical characteristics that justify attempts to maintain thes,~ important natural resources. Barrier Islands, coastal bays~ wetlands, and.habitat for liste~i species deserve particular attention because of their ecological value and their sensitiviw tc peHarbation. All proposals for development in the CON District must be subject to rigorou._,- review to ensure that the impacts of the development do not destroy or unacCeptably degrad~ the inherent functional values. The CON district includes such public lands as Everglades National Park, Big Cypress National Preserve, Florida Panther National Wil 'portions of th_~e Big Cypress Area of Critical State Concern, Fakahatchee lxan~'~i~t'~ew~ TAL~532626.5 Preserve, Collier-Seminole State Park, Rookery Bay National Estuarine Sanctuary Research Reserve, Delnor-Wiggins State Park, and the National Audubon's corkscrew Swamp Sanctuary fprivatel¥ owned), and C.R.E.W. It is ire intent of the CON dDistriet to require review of all development proposed within the CON dL)_istrict to ensure--that the inherent value of Collier County's natural resources is not destroyed or unaccePtably altered. The CON dDistrict corresponds to and implements the conservation land use designation On the future land use map of the Collier County growth management nlan ~ 2.2.17.2. ~ ALLOWABLE USES. The following uses are .,--.,~;.2,~ .....r. ..... a~:e:~e~., .... :-~a ..... allowed in the CON District. 2.2. ! 7.2. ! A. USES PERMITTED AS OF' RIGHT ....... r .... .On privately held land only, single family dwelling units, an,! mobile homes where the Mobile Home Zoning Overlay exists. 2. On publicly and privately held lands only, dormitories, duplexes and other types of housing, as may be incidental to, and in support of, conservation uses 3. Passive parks, and other passive recreational uses, including, but not limited to ~..a.~Oppen space and recreational uses:; b_ ~biking, hiking, canoeing, and nature trailm.~ c_ Bequestrian paths; and dj Nnature preserves and wildlife sanctuaries. 4. Habitat preservation and conservation uses 5. Family and Group Care Facilities. 6. Sporting and Recreational camps incidental to Conservation uses on public lands; or on privately held lands, 7. Agricultural uses that fall within the scope of Sections 163.3162(4) and 823.14(6) Florida Statutes. ~.8_.Oil and gas exploration subject to state drilling permits and Collier County non- environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimi~,.e impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteri, established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether th, i acfiviW occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001 (2), F.A.C. All applicable Collier County ^:' ~-a .~ environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and g~q activifi~; in Collier County, so long as the state permits comply with the requli. Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier Corn TAI_g532626.5 55 v ou ia.. FEB f !;'2004 TAL~532626,5 the boundary_ of the Big Cypress Watershed, the applicant shall be responsible convening the Big Cypress Swamp Advisory Committee as set forth in Sectio,, 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C, eve,, if outside the defined Big Cypress Watershed. All access roads shall be eonsL, uet~l and protected fi-om unauthorized uses according to the standards established in Rul6 62-30.005(2)(a)(1) throu~ (12), F.A.C. 9. The following Essential Services' a. Private wells and septic tanks necessary to serve uses identified inl throu~h above. b. Utility lines necessary to serve uses identified inl through 8 above, with the exception of sewer lines. e. Sewer lines and lift stations if all of the following criteria are satisfied: (1) Such sewer lines or lift stations shall not be located in any NRPA Lands in ~;. .CON District; (2) Such sewer lines or lift stations shall be located with already cleared portion:: 9f existing rights-or-way or easements; and (3) Such sewer lines or lift stations are necessary to serve a central sewer systeJ~ .that provides service to Urban Areas or to the Rural Transition Water and Sewer District d. Water pumvine stations necessary to service a central water system providin,_, service to Urban Areas and/or the Rural Transition Water and Sewer Districl. 2.2. ! 7.2.2. B...~. USES ACCESSORY TO PERMITTED USES. Uses and structures that are accessory and incidental to uses permitted as of fight in the CON district. 2.2. ! 7.9. C. CONDITIONAL USES. The followin uses are permitted as conditional uses ................... ct CON, subject to the standards and procedUres established in division 2.7.4 and further subject to: 1) submission ora plan for development as part of the required EIS that demonstrates that wetlands, listed species and their habitat adequately protected; and 2) conditions which may be imposed by the Board of Coun~ Commissioners, as deemed appropriate, to limit the size, location, and access to th,,' conditional use. 7=1 Oil and gas field development and production, subject to state field development permits and Collier County .non-environmental site development p ~. procedures. Directional-drilling and/or previously cleared or disturbed ar, ias s~,.ll"6,, utilized in order to minimize impacts to native habitats, where determined to be, practicable. This requirement shall be deemed satisfied upon issuance of a stat_e permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed_ as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier CounW e;.! mn~ g;~: environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the staie permits comply with th.-. requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier. County outside the boundary of the Big Cypress Watershed, the applicant shall b--- responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30. F.A.C, even if outside the defined Big Cypress Watershed. All access roads shall be, constructed and protected from unauthorized uses according, to the standards established in Rule 62-30.005(2)(a)( 1 '} through (12), F.A.C. 3. Commercial uses accessory to permitted uses A.3, A.4, and A.7 above, such as retail sales of produce accessory to farming, or a restaurant accessory to a park or preserve so long as limitations are imposed to ensure that the commercial use functions as a subordinate use. 4. Staff.housing in coniunction with safety service facilities and essential services 2.2;17.3 DESIGN CRITERIA. 2.2.17.~ A.a. DIMENSIONAL STANDARDS. The following dimensional standards shall apply to all permitted and accessory uses in the conservation district (CON). 2.2.!7.~.1. Minimum lot area. ~ Each dwelling unit, other .than for staff housing and sporting and recreational camps, must be physically, situated on 'a minimum five acre parcel except within the Big Cypress National Preserve, where, each dwelling unit must be physically situated on a minimum 3 acre parcel, except for those legal nonconforming lots or parcels in existence as of June 22, 2002, of less than five acres outside of the Big Cypress National Preserve and of less than 3 acres within the Big Cypress National Preserve. 2.2.17.~.2. Minimum lot width. One hundred filly feet. 2.2. ! ?.~ 3. Minimum yard requirements. -b.a_. Front yard. 50 feet. ~.b__. Side yard. 50 feet. g~c_Rear yard. 50 feet. L~c4.4. Maximum height. Thirty-five feet. 2.2. ! 7.~.5. B~ MAX/MUM DENSITY AND INTENSITY. 1. Single family dwellings and mobile homes. TAI_g532626.5 57 FEB !'.200 P~ .~ 4-) a. One dwelling unit for each five gross acres or one dwelling unit for eseh legal, nonconforming lot or parcel in existence as of June 22, 2002 of less than five acres, except within the Big Cypress National Preserve. 2-) .b. Within the Big Cypress National Preserve, one dwelling trait per 3 gross seres, or one dwelling unit per legal, nonconforming lot or parcel in existence as of June 22, 2002 of less than 3 acre~, ..:a.:.. ,,.~ Zig r, ...... 2. Family Care Facilities: 1 unit per 5 acres. 3. Group Care Facilities and other Care Housing Facilities: maximu'rh floor ratio not to exceed 0.45. 4. Sp'ortin£ and Recreational Camps: 1 lodging unit per 5 gross acres, which ma_y b,', achieved through clustering. 5. Staffhousin~: 1 lodging unit per 5 gross acres, which may be achieved h~-ou~,I- clustering. 2.2. ! 7.~.5. C_: OFF-STREET PARKING. As required in division 2.3. 2.2.17.~.7. D_.: LANDSCAPING. As required in division 2.4. ~ E_.: SIGNS. As required in division 2.5. TAlJY532626.5 58 AC-i~.NDA IT~ .No. FEB 1 1.. 200z TAB C 2.2.27 RLSA DISTRICT. DESIGN STANDARDS BASELINE STANDARDS TALg532626.5 59 FEB 1 1,,200z~ 2.2.27. RURAL LANDS STEWARDSHIP AREA (RLSA) ZONING OVERLAY DISTRICT - STEWARDSHIP REGULATIONS (RLSA DISTRICT REGULATIONS) 2.2.27.1. PURPOSE AND INTENT 2.2.27.2. 2. 3. 4. -~.7_. ~.10. :7=.11. 12. DEFINITIONS ACCESSORY DWELLING UNIT BASELINE STANDARDS BUILDING HEIGHT BUILDING HEIGHT TO STREET WIDTH 'RATIO COMPACT RURAL DEVELOPMENT (CRD) CONTEXT ZONES CIVIC AND INSTITUTIONAL BUILDINGS DESIGNATION FSA FLOW WAY STEWARDSHIP AREA HAMLET HSA -- HABITAT STEWARDSHIP AREA LANDMARK BUILDING LAND USE - LAND COVER INDICES LAND USE LAYER (LAYER) 10.15. LAND USE MATRIX (MA~) 11.16. LISTED SPECIES HABITAT INDICES -l&.l 7. NATURAL RESOURCE INDEX (INDEX) 13.1_8 19. 20. 21. 22. 23. 44:. 24. PATHWAY 15.25. POST SECONDARY INSTITUTION ANCILLARY uses 4~..26. PROXIMITY INDICES 17.27._.. RESTORATION POTENTIAL INDICES 1 $. 28__:. RESTORATION ZONE NATURAL RESOURCE INDEX MAP SERIES (INDEX MAPS) __ NATURAL RESOURCE INDEX VALUE (INDEX VALUE) NEIGHBORHOOD EDGE NEIGHBORHOOD GENERAl. NEIGHBORHOOD GOODS AND SERVICES ZONES OPEN SPACE TAL~532626.5 60 AC,~..N~)A I'rE~4 FEB I -1~.29. RLSA DISTRICr 29.30. RLSA OVERLAY MAP 21.31: RLSA DISTRICT REGULATIONS 22.3_~2. SOILS/SURFACE WATER INDICES 33. SPECIAL DISTRICTS SKA SSA STEWARDSHIP CREDIT (CREDIT) STEWARDSHIP CREDIT DATABASE STEWARDSHIP CREDIT SYSTEM STEWARDSHIP CREDIT WORKSHEET STEWARDSHIP OVERLAY DESIGNATION 25.36.. ~~.3_~7. 27.38_. ,,,,.39.. 2-9.40,: 41 STORY 42 STORY, HALF 80~43. TOWN 44. TOWN CENTER ~. 45. TOWN CORE 84=46: VILLAGE 47. VILLAGE CENTER 32.~8: WRA 2.2.27.3 A. B. 2.2.27.4. 2.2.27.5 2.2.27.6. 2.2.27.7. A. B. C. TA~532626.$ ESTABLISHMENT OF RSLA ZONING OVERLAY DISTRICT RLSA DISTRICT ZONING MAP ADDITIONAL LAND DESIGNATIONS WITH THE RLSA DISTRICT 1. ESTABLISHMENT OF SSA DESIGNATIONS 2. ESTABLISHMENT OF SRA DESIGNATIONS ESTABLISHMENT OF LAND USES ALLOWED IN THE RSLA DISTRICT ESTABLISHMENT OF A STEWARDSHIP CREDIT DATABASE AUTHORIZATION TO ESTABLISH A STEWARDSHIP CREDIT TRUST GENERAL CREATION OF STEWARDSHIP CREDITS/GENERAL - TRANSFER OF STEWARDSHIP CREDITS/GENERAL ALLOCATION OF STEWARDSHIP CREDITS/GENERAL 61 AG?=.NDA rr~=.M~ No..~ 2.2.27.8. A. B. C. D. E. F. 2.2.27.9. A. Bo TAL~532626.5 FIVE YEAR COMPP~HENSIVE REVIEW LANDS WITHIN THE RLSA DISTRICT PRIOR TO SSA OR SRA DESIGNATION PRIVATE LANDS DELINEATED FSAS, HSAS, AND WRAS PRIVATE LANDS DELINEATED AS OPEN AREA OF CRITICAL STATE CONCERN (ACSC) PUBLIC OR PRIVATE CONSERVATION LANDS BASELINE STANDARDS NO INCREASE IN DENSITY OR INTENSITY IN EXCESS OF BASELINE STANDARDS LANDS WITHIN RSLA DISTRICT NOT DESIGNATED SSA OR SRA SUBJECT TO SPECIAL ENVIRONMENTAL STANDARDS SSA DESIGNATION LANDS WITHIN THE RLSA DISTRICT THAT CAN BE DESIGNATED AS SSAS 1. MAY BE wrrmN AN SV, A BOUNDARY 2. FSA DELINSATED LANDs 3. HSA DELINEATED LANDS 4. WRA DELINEATED LANDS SSA CREDIT GENERATION- STEWARDSHIP CREDIT SYSTEM 1. EARLY ENTRY BONUS CREDITS CREDIT WORKSHEET NATURAL RESOURCE INDICES AND VALUES A. NATURAL RESOURCE INDICES B. INDEX VALUES C. SLOUGH/STRAND INDEX SCORE UPGRADE D. INDEX MAP. E. RESTORATION POTENTIAL INDEX F. RESTORATION STEWARDSHIP CREDrrs LAND USE LAYERS TO BE ELIMINATED A. LAND USE LAYERS B. LAND USE MATRIX 62 AC~=.NDA I~ . No. FEB11 2.2.27.10. A. TAId/532626.5 5. MATRIX CALCULATION C. SSA DESIGNATION APPLICATION PACKAGE 1. SSA DESIGNATION APPLICATION 2. APPLICATION FEE 3. NATURAL RESOURCE INDEX ASSESSMENT 4. SUPPORT DocUMENTATION 5. SSA CREDIT AGREEMENT 6. PUBLIC HEARING FOR CREDIT AGREEMENT 7. ' RECORDING OF SSA MEMORANDUM 8. STEWARDSHIP EASEMENT AGREEMENT OR DEED D. SSA APPLICATION REVIEW PROCESS 1. 2. 3. 4. 5. DESIGNATION REVIEW 6. DESIGNATION REPORT E. SSA APPLICATION APPROVAL PROCESS 1. PUBLIC HEARING 2. LEGAL DESCRIPTION 3. UPDATE THE RLSA OVERLAY MAP AND ATLAS SSA AMENDMENTS SPA DESIGNATION LANDS WITHIN THE RLSA DISTRICT THAT CAN BE DESIGNATED AS SPAS 1. SLUTABIL1TY CRITERIA 2. SRAS WITHIN THE ACSC ESTABLISHMENT AND TRANSFER OF STEWARDSHIP CREDITS 2. 3. 4. PREAPPLICATION CONFERNCE WITH COUNTY STAFF APPLICATION PACKAGE SUBMITTAL AND PROCESSING FEES APPLICATION DEEMED SUFFICIENT FOR REVIEW REVIEW BY COUNTY REVIEWING AGENCIES TRANSFER OF CREDITS STEWARDSHIP CREDIT EXCHANGE PUBLIC BENEFIT USES MIXED LAND USE ENTITLEMENTS 63 omC x ZONING FEO 1 !,'200 TAI~532626.5 Eo FORMS OF SRA DEVELOPMENTS 1. TOWNS 2. VILLAGES 3. HAMLETS 4. COMPACT RURAL DEVELOPMENTS (CRDS) a. SIZE OF CRDS LIMITED b. CRDS WITHIN THE ACSC 4. 5. 6. STAFF REPORT SRA APPLICATION APPROVAL PROCESS 5. PROPORTION OF HAMLETS AND CRDS TO VILLAGES AND TOWNS 6. SRAS AS 'PART OF A DEVELOPMENT OF REGIONAL IMPACT SRA DESIGNATION APPLICATION PACKAGE 1.' SRA DESIGNATION APPLICATION 2. APPLICATION FEE 3. NATURAL RESOURCE INDEX ASSESSMENT 4. NATURAL RESOURCE INDEX ASSESSMENT SUPPORT DOCUMENTATION 5. SRA MASTER PLAN 6. SRA DEVELOPMENT DOCUMENT 7. SRA PUBLIC FACILITIES IMPACT ASSESSMENT REPORT 8. SPA ECONOMIC ASSESSMENT REPORT 9. STEWARDSHIP CREDIT USE AND RECONCILIATION APPLICATION 10. CONDITIONAL SRA DESIGNATION 11. SPA CREDrr AGREEMENT SPA.APPLICATION REVIEW PROCESS PRE-APPLICATION CONFERENCE WITH COUNTY STAFF APPLICATION PACKAGE SUBMITTAL AND PROCESSING FEES APPLICATION DEEMED SUFFICIENT FOR REVIEW REVIEW BY COUNTY REVIEWING AGENCIES STAFF REVIEW 64 TAL~532626,5 PUBLIC HEARINGS REQUIRED a. PUBLIC HEARING BEFORE EAc, RECOMMENDATION TO TI{E BCC b. PUBLIC HEARING BEFORE THE CCPC, RECOMMENDATION TO THE BCC c. PUBLIC HEAKING BEFORE THE BCC, RESOLUTION APPROVED 2. UPDATE STEWARDSHIP CREDITS DATABASE 3. UPDATE THE OFFICIAL ZONING ATLAS OVERLAY MAP 4. SPA AMENDMENTS ao co WAIVER OF REQUIRED SPA APPLICATION PACKAGE COMPONENT(S) APPROVAL OF MINOR CHANGES BY THE ADMINISTRATOR RELATIONSHIP TO SUBDIVISION OR SITE DEVELOPMENT PLAN APPROVAL MASTER PLAN 1. MASTER PLAN REQUIREMENTS 2. MASTER PLAN CONTENT DEVELOPMENT DOCUMENT DRI MASTER PLAN DESIGN CRITERIA 1. SRA CHARACTERISTICS 2. TOWN DESIGN CRITER/A a. GENERAL DESIGN CRITERIA b. TRANSPORTATION NETWORK .c. OPEN SPACE AND PARKS d. CONTEXT ZONES (/) TOWN CORE (2) TOWN CENTER (3) NEIGHBORHOOD GENERAl. (4) NEIGHBORHOOD EDGE 15) SPECIAL DISTRICT 3. VILLAGE DESIGN CRITERIA 65 FEB 1' 1.;1200 ;- K0 TAI.~532626.5 .a. . GENERAL CRITERIA b. TRANSPORTATION NETWORK c. PARKS .cl. CONTEXT ZONES (1) GENERAL (2) VILLAGE CENTER (3) NEIGHBORHOOD GENERAL (4) NEIGHBORHOOD EDGE (5) SPECIAL DISTRICT 4. HAMLET DESIGN CRITERIA .a. GENERAI, .b. OPEN SPACES AND PARK,q c. CONTEXT ZONE,~ ~1) NEIGHBORHOOD GENERAl, (2) NEIGHBORHOOD EDGE /'D L" ~E'D 5. CRD DESIGN CRITERIA t ......... a. GENERAL b. EXAMPL~ 6. DESIGN CRITERIA coMMoN TO SRAS 7. /NFRASTRUCTURE REQUIRED 8. REQUESTS FOR DEVIATIONS FROM THE LDC SRA PUBLIC FACILITIES IMPACT ASSESSMENTS 1. TRANSPORTATION 2. POTABLE WATER 3. IRRIGATION WATER 4. WASTEWATER 5. SOLID WASTE 6. STORMWATER MANAGEMENT SRA ECONOMIC ASSESSMENT DEMONSTRATION OF FISCAL NEUTRALITY a. COLLIER COUNTY FISCAL IMPACT MODEL b. ALTERNATIVE FISCAL IMPACT MODEL MONITORING REQUIREMENT 66 FEEl 1 1.."200 2.2.27.11. A. B. C. D. E. F. G. 3. [MPOS~ION OF SPECIAL ASSESSMENTS 4. SPECIAL DISTRICTS ENCOURAGED BASELINE STANDARDS rv t,~c,z~,,,~ n, PURPOSE AND INTENT APPLICABILITY OF CODE ALLOWABLE USES STANDARDS APPLICABLE WITHIN THE ACSC STANDARDS APPLICABLE OUTSIDE THE ACSC GOLF COURSE STANDARDS STANDARDS APPLICABLE IN FSAS, HSAS, AND WRAS OUTSIDE TI-IR ACSC STANDARDS APPLICABLE TO WETLANDS OUTSIDE OF FSAS, HSASi WP, AS, AND THE ACSC 2.2.27 RURAL LANDS STEWARDSHIP AREA OVERLAY DISTRICT DESIGN STANDARDS 2.2.27.1 No change. 2.2.27.2 DEFINITIONS. As used in the RLSA District Regulations, the terms below shall have the meanings set forth below, to the exclusion of any mean/ngs ascribed to such terms in Section 6.3: 1. Accessory Dwelling Unit - a dwelling unit that is supplemental and subordinate to ~ primary dwelling on the same premises, limited to 559 900 square feet.\ Renumber 1. (Baseline Standards) to 2. 3. Building Hei£ht - Refers to the vertical extent of a building. Building height is measured in Stories. 4. Building Hei£ht to Street Width Ratio - The maximum height ofthe tallest buildin~ divided by the width of the street. The street width is the distance between two building . facades. 5. Civic and Institutional Uses - Structures developed for and/or used by establish_~ organizations or foundations dedicated to public service or cultural activities including, but not limited to, the arts, education, government and religion. Renumber 2. (Compact Rural Development) to 6. 7. Context Zone - An area that establishes the use, intensiW and diversity within_ a Town_ Village, or Hamlet. Context zones specify permitted land uses, FAR. s, building hei setbacks, and other regulating elements to guide the establishment of the urban to continuum. TAI.~$32626.$ 67 Ill'al AGENDA ITEld No. FEB '1 200zt Renumber 3 (Designation) through 6 (HSA) to 8 through 11. 11. ' Landmark Buildin~ - A prominent civic or institutional buiding that creates a significant community feature, focal point, or terminating vista. Renumber 7 (Land use - land cover indices) through 13 (Natural ReSource Index Value) to 12 through 19. 20. Neighborhood Edge - A defining Context Zone that ineludeSthe least intensity and diversity within the Town, Village or Hamlet. The zone is predominantly single family residential and recreational uses. The Neighborhood Edge may be use to provide a transition to adjoining rural land uses. 21. Nei~,hborhood General - A defining Context Zone that creates community diversity with the inclusion of a mix of single and multi-family housing, neighborhood scale goods and services, schools, parks and other recreational uses, and open space. 22. Nei£hborhood Goods and Services Zone - Zone located within Neighborhood General. This zone is intended to provide convenient neighborhood scale retail and office use within proximity to the residential uses in order to support community walkabiliW. Renumber 14. (Open Space) to 23. 24. Pathway'- A defined corridor for the primary use of non-motorized travel. Renumber 15. (Post Secondary Institution Ancillary Uses) through 22. (Soils/Surface Water Indices) to 25 through 32. 33. Special District - An areas dedicated for certain uses that cannot be incorporated into one of the Context Zones. Special Districts provide for the inclusion of unique uses and development standards not otherwise defined in a context zone. Renumber 23. (SRA) through 29. (Stewardship Overlay Designation) to 34. through 40. 41. Story. - That portion of a building included between a floor which is calculated as part of the building's habitable floor area and the floor or roof next above it. 42. Story. ~ Half- The designation of a space on the upper level of a building in which the walls at the eaves are zero to four feet. Renumber 30. (Town) to 43. 44. Town Center - A defining Context Zone that is intended to provide a wide range of uses, including daily goods and services, culture and entertainment, and residential uses within a Town. The Town Center is an extension of the Town Core, however the intensity is less as the Town Center serves as a transition to surrounding neighborhoods. 45. Town Core - A defining Context Zone within a Town. The Town Core is the most dense and diverse Context Zone with a full range of uses. The Town Core is the most active area within the Town with uses mixed vertically and horizontally. Renumber 31 (Village) to 46. 47. Villa£e Center - A defining Context Zone within a Village that is intended to provide a wide range of uses including daily goods and services, culture and entertainment, and ~-~ld~A ITEM uses. FEB ..._ TAL~532626.5 Renumber 32 (WRA) to 48. 2.2.27.3. through 2.2.27.9. No change. 2.2.27.10. SRA DESIGNATION J. DESIGN CRITERIA. 1. SRA Characteristics a. SRA Characteristics Chart No change to chart. b. Streets within SRAs shall be designed in accord with the cross-sections set forth F~'ar~.: A, E, and C set forth below, as more specifically provided in 5.2 throuEh 5.5. Alternatively, Collier County Transportation Services may approve additional cross-sections as needed to meet the design objectives TAI.g532626.$ 69 Z 70 OZ FEB '1 '! Z 0 "7] AGENOA ITEM No. FEI~ 1 ~' 200~ ,z coo 00 ~0~) 73 AGENDA ITE.~ FE~lt 200~ C.~ ?4 AGENDA ITEM No. FEB ! !~'200~ p~. 7~ ?5 A~A ITEM No. FEB 1 1.i'200~ AGENDA ITE~ No. K,j W 77 AGENDA ITEM No.. AGENDA I'r~/~ No. FEB 1 1.:'200~ P~. TAI~5~2626.5 2. Town Design Criteria. a. General design criteria. (1) Shall be compact, pedestrian-friendly and mixed-use; (2) Shall create an interconnected street system designed to disperse and reduce the len~h of automobile trips; (3) Shall offer a range of housing types and price levels to accommodate diveme ages and incomes; Accessorg dwelling units shall not count towards the total approved number of units, provided that the total number of tm;ts doe~ not exceed the maximum density allowed by the GMP. (4) Shall include school sites that are sized and located to enable children to walk or bicycle to them; (5) Shall provide a range of open spaces including neighborhood and community parks, squares and playgrounds distributed throughout the communit3~ (6) Shall include both community and neighborhood scaled retail and office wes; (7) Shall have urban level services and infi'astmcture which supports development that is compact, including water management facilities and related structures, lakes, community and neighborhood parks, trails, temporarg construction, sales and administrative 'offices for authorized contractors and consultants, landscape and hardscape features, fill storage, and site fillin~ and m'adin~. which are allowed uses throughout the community. (8) Shall be designed in a progressive rural to urban continuum with the greatest density, intensity and diversity occurring within the Town Core, to the least density, intensity and diversity occurring within the Neighborhood Edge; (9) Shall provide sufficient transition to the adjoining use, such as active agriculture, pasture, rural roadway, etc., and compatibility through the use of buffering, open space, land use, or other means; (10) Shall include a minimum of three Context Zones: Town Core, Town Center and Neighborhood General, each of which shall blend into the other without the requirements of buffers; (11) May include the Context Zone of Neighborhood Edge; and (12) Shall allow signs typically permitted in support of residential uses including for sale, for rent, model home, and temporary construction signs. Specific design and ' development standards shall be set forth in the SR~ document for such signs permitted in residential areas or in conjunction with residential uses. Transportation Network (1) The transportation network shall provide for a high level of mobility for all residents through a design that respects the pedestrian and accommodates the automobile. (2) The transportation network shall be designed in an interconnected sys - streets, sidewalks, and pathways. 79 :em ol~'E'NDA I'rr.M . FEB 1 1.'200 ~. TAI.~532626.5 Ce Oven Space and Park, (1) Towns shall have a minimum of 35% open space. (2) Towns shall have community parks that include sports fields and facilities with a minimum level of services of 200 square feet per dwelling unit in thc, Town. (3) Towns shall haVe passive or active parks, playgrounds, public pleas .courtyards as appropriate within each Context Zone d. Context Zones. Context Zones are intended to guide the locatiola of uses their intensity and diversity within a Town, and provide for the establishment of the urban to rural continuum, (1) Town Core. The Town Core shall be the civic center of a Town. It is th most dense and diverse zone, with a full range of uses within walking distance. The Core shall be a primary pedestrian zone with building~ positioned near the right-of-way, wide sidewalks shall be shaded through .streetscape planting, awnings and other architectural elements Parking'shall be provided on street and offstreet in the rear of buildings within lots ~r parking structures. Signage shall be pedestrian scale and designed tn .compliment the building architecture. The following design criteria shall apol¥ within the Town Core, with the exception ofcivicor institutional buildings, which shall not be subiect to the building heiv. ht. buildino Placement, building use, parking, and signage criteria below, but, instea, d shall be subiect to specific design standards set forth in the SRA Developmvni Document and approved bY the BCC that address the perspective of these. buildings' creating focal points, terminating vistas and significant corcm~onity landmarks. " (a) Uses - commercial, retail, office, civic, institutional, light industrial and manufacturing, essential services, residential, parks and accessory Such uses may occur in shared use buildings or single use buildings.. lb) The total building area within each block shall not exceed a floor area ratio of 3. (c) Retail and offices uses per block shall not exceed a floor area ratio of 0.5. (el)Civic uses per block shall not exceed a floor area ratio of 0.6. (e) Light industrial and manufacturing uses per block shall not exceed a toot · .area ratio of 0.45. (f) The density of transient lodging uses shall not exceed 26 dwelling units Town Core gross acre. (~)The maximum building height shall be 6 stories, excluding roofs and architectural features. (h) There shall be no minimum lot size (i) The maximum block perimeter shall be 2500 Ft 80 AGENDA TAL~$32626.5 (i) Minimum setbacks fi.om all property boundaries shall be 0 feet and the. maximum setback fi.om the front boundary shall be 10 feet. The maximum setback from the front boundary may be increased in order to create public, spaces such as plazas and courtyards. (lc)Overhead encroachments such as awnings, balconies, arcades and the like. shall maintain a clear distance of 9 feet above the sidewalk and 15 feet above the street. (1) Seating for outdoor dining sha!l be permitted to enCrOach into the publJ~ sidewalks and shall leave a minimum 6-foot clear pedestrian way between the outdoor dining and the streetscape planting area (m} Buildings within the Town Core shall be made compatible through similar massing, volume, frontage, scale and architectural features. The SRA document shall ;`4~+:~-, +u~ c ..... ~,;+~,-,h,.~l .... : ...... +u ..... u +,. .... ~:~.,+,~ ,~o+~u~:~,.-.,~+ of include architectural standards, or shall require the establishment of an architectural review board. The architectural review board shall adopt architectural standards and use the standards for review, and proVide evidence to the County that the design is consistent. The architectural review board shall also review for compliance with the landscape requirements. (n}The maiority of parking spaces shall be provided off-street in the rear of buildings, or along the side (secondary streets), organized into a series of small bays delineated by landscape islands of varied sized. A maximum spacing between landscape islands shall be ten (10) spaces. Landscape islands and tree diamonds "-'"~+~- +*,~ ~,4~., (! ~ r, ........... ~ :quare ~ ;~ ~z~ shall have a minimum of one tree. Parkine is ~)rohibited in front ofbuildings, except within the r/ght-of-way ~-~-:~ ~,~ ~-~- *, ........ a 4, .:~ ~ ........... ,4 .... '-~'" Parki g structures fronting a primar3 street shall either include ground floor retail or have a minimum ten (10) foot wide landscaped area at grade, including one tree per five (5) square feet of landscaped area. Parking structures fronting on a seeond_a_rg street shall have a minimum ten (10) foot wide, densely landscaped area at grade including one tree per ~ 250 square feet of landscaped area or 25 linear feet on center. 'The amount of required parking shall be demonstrated through a shared parking analysis submitted with an SRA desi,_.tma~on application. Parking shall be determined utilizing the modal splits and parking demands for various uses recognized by ITE, ULI or other sources or studies. The analysis shall demonstrate the number of parking space.~ available to more than one use or function, recognizing the required parking will vary depending on the multiple functions or uses in close proximity which are unlikely to require the spaces at the same time. The shared parking analysis methodology will be determined and agreed upon by the County Transportation staff and the applicant during the ~re application meeting. The shared parking analysis shall use the m square footage of uses proposed by the SRA development docum :nt. 80._ 81 FEB 11 200 (o) Streets shall adhere to J.l.b. and Figures 1, 2, 3, or 4, 5, er 6... At a minimum all proposed streets shall include sidewalks on both sides of~ street, parallel to the right-of-way, and a five (5) foot streetscape are, between the back of curb and the sidewalk. In these areas, side walk protection such as root barriers, a continuous tree pit, md/or structural soils shall be provided. Streets shall maintain a minimum__ average building ..height to street width ratio of 1:1, excluding landmark buildin~w (p)Landscaping minimums within the Town Core shall, be met by providing landscaping within parking lots as described, and bY providing a .streetscape area between the sidewalk and curb at a rnlnirni~'m_ of five (5) .feet in width, with trees planted forty (40) feet orion-center. The five-foot minimum wide of planting area may be reduced to three (3) feet ff .... 5-zc~ .... ~-'~ :- ~ .... '~ sidewalk protection such as root barriers, continuous tree pits, and/or structural soils are provided. The street tree pattern may be interrupted by architectural elements such as arcades and columns. TALg532626.5 (a) General signage standards. j. Signage design shall be carefully integrated with site and building design to create a unified appearance for the total ~rovertv, ii. Signs shall be installed in a location that minimizes conflicts with windows or other architectural features of the building. .iii. Signs which create visual clutter or which block the view ofsi~ on adjacent property shall notbe permitted. iv. Creativity in the design of signs is encouraged in order to empha~i?. the unique character of the SRA. v. Sign Area: The area of any sign shall be the area of a rectangle which encloses all elements of the sign (excluding poles and brackets) including all text and any symbols or logos. vi. Signable Area: The signable area (total of all individual si,,enn on th~t~ faqade or related to that facade) of a facade facing a public street or a parking lot shall be limited to 20% of the total area of the fa~:ade. vii. Mounting height: No part ora sign whichprojeets fi.om a building or is mounted on a pole or bracket shall be less than eight feet above the, grade. viii. Illumination: Si,~s may be illuminated by external spot lighting or internally illuminated. Lighting shall be designed and .shielded so as not to glare onto adjacent properties or the public right-of-way ix. Mater/al: Signs shall be constructed of durable m~terials suitable to the sign type. The long term appearance of the sign shall be a majo~ consideration in the selection of materials. 82 AGENDA ITE~ FEi 1 1: 200' TAL~532626.5 (s) x. Color: The color °fsigns shall be compatible with the colors and style of the building to which they are attached or otherwise assoeiat~ (r) The following sign types sba!! be permitted: i. Wall -A sign affixed directly to or painted directly on an exterior wall or fence. Maximum sign area - Fagade width x 2.5. ii.. Proieeting - Any sign which proieets frOm and is supported by a wall of a building with the display of the sign perpendicular to the buildi~.Z wall. Maximum sign area = The fagade area x .05. up to a. maximum of 100 Sq. Ft. iii. Window - A sign affixed to or behind a w~ndow. Maximum sign area the area of the window with the sign x .30. iv. Hanging - A sign attached to and located below any cave, arcade. canopy or awning. Maximum sign area - 20 Sq. Ft. (two faces of 20 Sq. Ft. each). v. Awning - A sign or graphic attached to or printed on an awning Maximum sign area - the area of the awning x .25. vi. Pole ' A sign mounted at the top of or bracketed from a vertical pole, which is supported by the ground. Maximum sign area - 24 Sq. ii (~ faces ~, 12 Sq. Ft. each.). vii. Monument - A sign secured to a base which is built directly upon thc ground. Maximum sign area - 50 Sq. Ft., exclusive of the base. (2 face.~ of 50 Sq. Ft. each). Maximum height above grade - 6 feet. viii. Marquee - A sign usually proiecting from the face of a theater or cinema which contains changeable text to announce events. Sign ar¢~ shall be compatible with the design of the theater building. Minimum height above grade - l0 feet. Minimum distance from curb 4 feet. ix. Sandwich boards - A movable sign comprised of two sign panel.~ hinged together at the top. Maximum sign area - 12 square fi (2 faces at 12 Sq. Ft. each. x. Banners - Fabric panels projecting from light poles or other structures. Maximum sign area - shall be proportional to the height of the pole: 16 feet pole - 15 Sq. Ft, max (2 faces at 15 Sq. Ft. ea.); 20 feet pole - 20 Sq. Ft. max. (2 faces at 20 Sq. Ft. ea.); 30 feet pole - 36 Sq. Ft. max (2 faces at 36 Sq. Ft. ea.). xi. Temt)orarv sills as allowed bv Division 2.5 The following sign types are prohibited." i. Pole signs greater than 12 Sq. Ft. in are~ ii. Portable or mobile signs except sandwich boarrl.~ iii.Flashing or animated signs (except time and temperature si~). 83 TAI~532626.5 iv. Signs with changeable text (except Marquee) v. Off-site signs. Billboards. (2) Town Center. The Town Center shall provide a wide range ofuses'includlng daily goods and services, culture and entertainment, within waling distance. Like the Town Core, the Town Center is the primary pedestrian zone, designed at human scale to support the walking environment. It is the Main Street area of the Town. Buildings shall be positioned near the right-of-way line, wide sidewalks'shall be shaded by street trees and.architectural elem~t_n. The following design criteria shall ~' ~,,~ ,-m, ....... to apply ,within the Town Center, with the exception that, n~ .~ ..:.~:r...., ....... :+" ~"""~-~'~' of civic or institutional buildings, which shall not' be subject to the height, building placement, building use, parking. and silage criteria below, but, instead, shall be subj~t to specific design standards that address these buildings' creating focal points, tcminatillg ¥iStas~ and si~nificant community landmarks and that are set forth in the SRA Development Document and approved by thc BCC (al Commercial, retail, office, civic, institutional, light industrial arid manufacturing, essential services, parks, residential and schools and accessory uses shall be permitted. These uses may occur in shan:xl us~ buildings or single use buildings. (b) The floor area ratio for the total building area within ¢~¢h block shall not exceed 2. (c) Thc floor area ratio for retail and office uses per block shall not exceed! 0.5. (d) The floor area ratio for civic uses per block shall not exceed 0.6. (el The floor area ratio for light industrial and manufacturing uses per block' shall not exceed 0.45. (fl The maximum densi~ for transient ]od~ng shall be 26 dwelling units per Town Center gross acre. (el The maximum building height shall be 5 stories, excluding roofs and architectural features. (h) The minimum lot area shall be 1,000 square feet. (il The maximum block perimeter shall be 2500 Ft. (il The minimum setbacks shall be 0 from all property bounda_rics and the maximum setback shall be 10 feet from the front right of way line (lc) Overhead encroachments such as awnings, balconies, arcades and the like must maintain a clear distance of 9 feet above thc sidewalk and ].* £,~,~ ~C,E/~A ITEM above the street. 84 FEB 1 I.'200tt TAI. tt532626.$ (3) (1) Seating for outdoor dining shall be permitted to encroach the public sidewalks and shall leave a minimum 6-foot clear pedestrian way between the outdoor dining and the streetscape planting area. (m) Buildings within the Town Center shall be made compatible through similar massing, volume, frontage, scale and architectural features. The SRA document shall identify the process for architectural review and approval through the applicant's establishment of a architectural review board. The architectural review board shall also review for compliance with the landscape requirements. Streets shall adhere to J.l.b. and Figures 1, 2, 3, or 4, 5, e.r 5. At a minimum all proposed s~'eets must include sidewalks on both sides of the street, parallel to the right-of-way, and a five (5) foot streetscape area between the back of curb and the sidewalk. Streets shall maintain a minimum average building height to street width ratio of 1:1, excluding landmark buildings. (o) Parking space requirements and design are the same as in the ToTM Core. (p) Landscape minimums are the same as in the Town Core. (q) Signage requirements are the same as in the Town Core. Neigh borh ood General. Neighborhood General is predominately residential with a mix of single and multi-family housing. Neighborhood scale goods and services, schools, parks and open space diversify the neighborhoods. The interconnected street panem is maintained through the Neighborhood General to disperse traffic. Sidewalks and streetscape support the pedestrian environment. The following design criteria shall apply within Neighborhood General: (a) Residential, neighborhood scale goods and services, civic, institutional, parks, schools and accessory uses shall be permitted. (b) The maximum allowable building height shall be 3.5 stories. (c) The maximum block perimeter shall be 3500 feet, except that a larger block perimeter shall be allowed where an alley or pathway provides through access, or the block includes water bodies or public facilities. (m e;.,,~,~ c~-;, ..... ;~+:~.~ ...... ,.n,, The SRA Development Document shall set forth the development standards for all allowable types of single-family development, which shall, at a minimum, adhere to the following: i. The minimum lot area shall.be 1,000 square feet. ii. Parking space requirements and design are the same as in the Town Core, inclusive of garage spaces, with an additional parking space required if an accessory dwelling unit is built. iii. Landscaping shall include a minimum of sixty (60) square shrub planting per lot, on lots that are 3,000 square feet or 1, eighty (80) square feet on lots that are greater than 3,000 sc 85 ss i ..n~_ ca; .are feet FEEt 1 1.,. 2006 TAL~532626.5 but less than 5,000 square feet in area; and 100 square feet.for lots 5,000 square feet or larger in area. Plantings shall be in identified planting areas, raised planters, or planter boxes in the front of the dwelling, with, at a minimum, turf grass for the remainder of the property_. (e) Multi-family residential uses shall adhere to the following: i. Lots shall be a maximum of 4 acres. ii. Front and side yard setbacks shall be a minimum of 10 feet and rear yard setbacks shall be a minimum of 20 feet for the prilmlry structure and 5 feet for any accesso _ry structures. iii. Porches, stoops, chimneys, bays canopies, balconies and overhangs may encroach into the front Yard a maximum of 3 ft. 6 in and a maximum of 3 Ft. into side yards but no element may encroach into a side yard such that the distance to the property line from the encroaching element is less than 3 Ft. 2 In., except that overhangs may encroach no more than 2 Ft. into any yard. iv. Parking space requirements and design are the same as in the Town · Core. v. A minimum of 100 Sq. Ft. of shrub planting shall be required for each 2,000 Sq. Ft. of building footprint, and one tree shall be required for each 4,000 Sq. Ft. of lot area, inclusive of street trees, with such plantings in planting areas, raised planters, or planter boxes in the front of the building and a minimum of turf grass for the remainder of the property. (f} Non-residential uses shall adhere to the following: i. All such uses shall be located at intersection comers or street bends and shall not be permitted at mid-block locations; ii. If the non-residential use is a restaurant, grocery store, or convenience store, it shall be located on an alley loaded site; iii. The minimum distance between non-residential uses shall be 1,000 feet, as measured along the street frontage at the right-of-way line. iv. The maximum square footage per use shall be 3,000 square feet and' per location shall be 15,000 square feet; v. The use shall have a minimum lot area of not less than the size of the smallest adiacent lot. vi. The minimum setbacks shall be as follows: 0 feet from the front property boundary, a distance from the side property boundary that ia equal to the setback of the adiacent property, and a minimum of 20 feet from the rear property boundary for the principal structur and t~ &GEhlD~ IT~' feet from the rear property boundary for any accessory struct~ 'es. 86 FEB I TAI.~532626.5 (h) vii. Parking space requirements and design are the same as in the Town Core, with on-street parking provided only along the lot street frontage. No off-street parking shall be permitted between the front faCade and the fi'ont property line. No off-street parking shall be permitted between the side favade and the street side property line for comer lots. All off-street parking shall be screened from the street and adjacent property by wall, fence and/or landscaping. viii. Landscaping shall include a minimum of 100 Sq. Ft. of shrub planting per 2,000 Sq. Ft. of building footprint, and one, ~ree per 4,000 Sq. Ft. of lot area, inclusive of street trees. Plantings shall be in planting areas, raised planters, or planter boxes in the front of the building. Minimum of turf grass for the remainder of the property. General signage requirements: i. Sign Area: The area of any sign shall be the area of a rectangle which encloses all elements of the sign (excluding poles and brackets) including all text and any symbols or logos. ii. Allowable sign Area: The allowable sign area (total of all individual signs on that fa¢ade or related to that facade) of a fagade facing a public street ora parking lot shall be limited to 20% of the total area of the faq:ade. iii. Mounting height: No part of a sign which projects from a building or is mounted on a pole or bracket shall be less than eight feet above the grade unless not in the pedestrian path. iv. Illumination: Signs may be illuminated by external spot lighting or internally illuminated. Lighting shall be designed and shielded so as not to glare onto adjacent properties or the public right-of-way. Prohibited Sign Types: i. Pole signs i. Portable or mobile signs except sandwich boards iii. Flashing or animated signs (except time and temperature signs) iv. Signs with changeable text including v. Marquee - A sign usually proiecting from the face of a theater or cinema which contains changeable text to announce events vi. Banners vii. Off-site signs, billboards viii.Signage is prohibited outside of Neighborhood Goods and Services Zones, except as necessary within open spaces, parks, and neighborhoods for directional and area identification purposes The following sign types are allowable: 87 J TAL~532626.5 i. Wall - A sign afxed directly to an exterior wall or fence. Maximum sign area - 24 square ft. ii. Projecting - Any sign which projects fi.om and is supported by a wall of a building with the display of the sign perpendicular to the building wall. Maximum sign area = The facade area x .05. up to a maximum of 40 sq. fi. iii. Window - A sign affixed to or behind a window. Maximum sign ama - 20% of the area of the window. iv. Hanging - A sign attached to and located below any cave, canopy or awning. Maximum area - 12 sq. ft. (may be dOuble sided) v. Awning- A sign or graphic attached to or printed on an awning. Maximum sign area - 20% of the area of the awning. vi. Monument - A sign secured to a base which is built directly upon the ground. Maximum sign area - 30 sq. ft., exclusive of the base. (2 faces of 30 sq. fl. each). Maximum height above grade - 4 feet. vii. Sandwich boards - A movable sign comprised of two sign panels hinged together at the top. Maximum sign area - 12 square ft {2 faces at 12 sq. ft. each) - yiii. Tem~)orarv si~s as allowed by Division 2.5. (1) SiR~age within Neighborhood Goods and Service Zones shall adhere to the following: i. Signage design shall be carefully integrated with site and bUilding design to create a unified appearance for the total property.. ii. Si,.tms shall be installed in a location'that minimizes conflicts with windows or other architectural features of the building. iii. Sims which create visual clutter or which block the view of signs on adjacent property shall not be permitted iv.Creativity in the design of signs is encouraged in order to emphasize the unique character of the SRA. lft 11 1'3 1"~ 1,4 (m) Streets shall adhere to J.l.b and Figures 5, 6, 7, 8,---9, or .v,.., ..-, .~,.., ~ < ~ n ~'~ ~- ~ ~ At a minimum all proposed streets must include sidewalks on both sides of the street, parallel to the right-of-way, and a 5 Ft. streetscape area between the back of curb and the sidewalk. Neighborhood Edee (optional). Neighborhood Edge is predominately a single-family residential neighborhood. This zone has the least intensity and diversity within the Town. The mix of uses is limited. Residential lots are larger and more open space is evident. The Neighborhood Edge may be used to provide a transition to adjoining rural land uses. The following standards shall apply with the Neighborhood Edge: - . AGENDA ITE~ (a) The permitted uses within thc Neighborhood Edge are residential ~)arKS. 88 FEB 1 1,' TAI.~532626.5 (b). (c) open space, golf courses, schools, essential services, and accessory uses. Building heights shall not exceed 2 stories. Lots shall have a minimum area of 5000 square feed with lot dimensions and setbacks to be further defined with the SRA Development Document. (d) The perimeter of each block may not exceed 5000 feet, unless an alley or pathway provides through access, or the block includes water bodies or public facilities. (e) Parking space requirements and design are'the same as in the Town Core. inclusive of garage spa,es, with provision for an additional parking space if an accessory dwelling unit is built. (f) Landscaping shall include a minimum of 100 Sq. Ft. of shrub plantin~ ver lot, with plantings in planting areas, raised planters, or planter boxed in the front of the dwelling and a minimum of turf grass for the remainder of the property_. (g) Streets shall adhere to J.l.b. and to Figures 19, 20, 21 er 22 9, 11, 12, 13, 14, 15, 16, 17, or 18. At a minimum all proposed streets must include a 1 O-foot pathway on one side of the street with an 8-foot streetscape area between the edge of curb and the pathway. (5) Special District (optional). The Special District is intended to provides for uses and development standards not otherwise provided for within the Context Zones. Special Districts would be primarily single use districts, such as universities, business parks, medical parks, resorts, that require unique development standards to ensure-compatibility with surrounding neighborhoods. The location of Special Districts shall be illustrated on the SRA Master Plan, and l:Iuses and development standards shall be defined in detail within the SRA development application for review by Collier County staff. Special Districts could be for uses such as Universities, business or industrial parks, retirement communities, resorts, etc. Villa£e Desiffn Criteria. a. General criteria. (1) Villages are comprised of residential neighborhoods and shall include a mixed-use village center to serve as the focal point for the communi _ty's support services and facilities. (2) Villages shall be designed in a compact, pedestrian-friendly form. (3) Create an interconnected street system designed to.disperse and reduce the length of automobile trips. (3) Offer a range of housing types and price levels to accommodate diverse ages and incomes. Accessory dwelling units shall not count towards th~ maximum allowed density. (4) Be developed in a progressive rural to urban continuum with the 89 A6ENI)A ITF. M reat~, FEB 1' t '200 n. //C-/ TAL#532626.5 .¢. density, intensity and diversity oecun'ing within the Village Center, to the least density, intensity and diversity occurring within the Neighborhood Edge. (5) The SRA docUment shall demonstrate the urban to rural transition occurring at the Villages limits boundary provides sufficient transition to the adjoining use, such as active agriculture, pasture, rural roadway, etc., and compatibility through the use of buffering, open space, land use, or other means. (6) Shall allow si,,tms typically permitted in support of residential uses including for sale, for rent, model home and temporary constructions signs. Specific design and development standards shall be set forth in the SRA document for such signs permitted in residential areas or in conjunction with residential uses. Transportation Network. The transportation network for a Village shall adhere to the same standards provided for within a Town. Parks. A Village shall provide a range of active and passive parks, squares and playgrounds as appropriate to be located within each Context Zone and Special District. Context Zones. '(1) General. (a) Villages shall be designed to include a minimum of two Context Zones:' Village Center and Neighborhood General. (b) Each Zone shall blend into the other without the requirements of buffers. (c) Villages may include the Context Zone of Neighborhood Edge. (d) Villages may include Special Districts to accommodate uses that require use specific design standards not otherwise provided for within the Context Zones. (e) The SRA Master Plan shall designate the location of each Context Zone and each Special District. The Village Center shall be designated in one location. Neighborhood General, Neighborhood Edge and Special' District may be designated in multiple locations. (f} Context Zones are intended to guide the location of uses and their intensity and diversity within a Village, and provide for the establishment of the urban to rural continuum. Village Center ~ (a) The allowable uses within a Village Center are commercial, retail, office, civic, institutional, essential services, parks, residential and schools and accessory uses. (b) Uses may occur in shared use buildings or single use buildings. to) e'uset' NO., The floor area ratio of any use shall not exceed 2 for the total area within each block, shall not exceed 0.5 for retail and offi~ block shall not exceed 0.6 for civic uses per block. 90 FEB 1 1."200 TAI.~532626.5 (d) Transient Lodging - 26 dwelling units per Village Center gross acre (e) Maximum building height - 5 Stories, excluding roofs and architectural features (f) Minimum lot area: 1,000 SF (e) Block Perimeter: 2,500 Ft. max th) Front setbacks - 0 to 10 feet fi.om the right-of-way line ii) Side setbacks - 0 feet (i) Rear setbacks - 0 feet (k) Overhead encroachments such as awnings, balconies, arcades and the like, must maintain a clear distance of 9 feet above the sidewalk and 15 feet above the street. Seating for outdoor dining shall be permitted to encroach the public sidewalks and shall leave a minimum 6-foot clear pedestrian way betWeen the outdoor dining and the streetscape planting area. (m) The design of civic or institutional buildings shall not be subject to the specific standards of this subsection which regulate building height, building placement, building use, parking, and signage but, ~kal! b~ ~ .... ~ ..... · -~ ....... ° instead, shall be subiect so specific design standards that address the perspective of these bui]dings' creating focal points, terminating vistas, and significant community landmarks and that are set forth in the SRA Development Document and approved by the BCC. Architectural Standards: Buildings within thc Village Center shah be made compatible through similar massing, volume, frontage, scale and architectural features. The SRA document shah identify thc process for architectural review and appToval through the applicant's establishment of an architectural review board. The architecturaJ review board shaJ] also (o) review for landscape compliance. Streets shall adhere to J.l.b. and Figures 1, 2, 3, or '~., ., ~ ...~-...': At a minimum all proposed streets shall include sidewalks on both sides of the street, parallel to the right-of-way, and a five (5) foot streetscape area between the back of curb and the sidewalk. Streets shall maintain a minimum average building height to street width ratio of 1:1, excluding landmark buildings. (p) General parking criteria i. On-street parking spaces within the limits of the fi.ont prope. projected into the right-of-way, shall count towards the requ number of parking spaces. 91 ~ lin~a rrDa ' TAL~532626.5 ii. The maiority of parking spaces shall be provided off-street in the rear of buildings, or along the side (secondary streets). Parking ia prohibited in front of buildings. iii. Parking areas shall be organized into a series of small bays delineated .by landscape islands of varied sized. A maximum spacing between landscape islands shall be 10 spaces. Landscape islands shall have a minimum of one canopy tree. iv. Parking lots shall be accessed from alleys, service lanes or see°ndary streets. (~} The maiority of parking spaces shall be provided off-street in the rear of buildings, or along the side (secondary_ streets),. organized into a series of small bays delineated by landscape islands of varied sized. A maximum spacing between landscape islands shall be 10 spaces. Landscape islands and tree diamonds shall have a minimum of one ~ tree. Parking is prohibited in front of buildings, except within the fight-of-way. Parking lots shall be accessed from alleys, service lanes or secondary streets- Parking structures fronting on a primary street shall include ground floor retail. Parking structures fronting on a secondary street shall have minimum 10 Ft. wide, densely landscaped area at grade, including one tree per ~ ._..~ .... 250 square feet of landscaped area or twenty-five (25) lineal feet on-center. The amount of required parking shall be demonstrated through a shared parking analysis submitted with an SRA designation application. Parking shall be determined utilizing the modal splits and parking demands for various uses recognized by ITE, ULI or other sources or studies. The analysis shall demonstrate the number ofparldng spaces available to more than one use or function, recognizing the required parking will vary depending on the multiple functions or uses in close proximity which are unlikely to require the spaces at the same time. .(r) Landscaping minimums within the Village Center shall be met by providing landscaping within parking lots as described, and by providins a streetscape area between the sidewalk and curb at a minimum of 5 Ft. in width,-4vit4,~t~--ees. In these areas, sidewalk protection such as root barriers, continuous three pits, and/or structural soils shall be provided. Trees shall be planted ~ forty (40) feet on-center. The street tree pattern may be interrupted by architectural elements such as arcades and columns. (s) Silage standards within the Village Center shall cOmply with those provided in the Town Center. Nei£hborhood General. Design standards for the Neighborhood Genera! within a Village shall be the same as defined within a Town. Neighborhood Edge (optional), Design standards for the Neighborhood Edge within a Village shall be the same as defined within a Town. _ AGENDA The Special District is Soecial District (optional). 92 TAL~532626,5 provide for uses and development standards not otherwise provided for within the Context Zones. Uses and development standards shall be defined in detail within the SRA development application for review by Collier County staff. Hamlet DesiRn Criteria a. General. (1) Hamlets are small rural residential areas with primarily single'family housing and limited range of convenience-oriented services. f2) Hamlets may include the Context Zones of Neighborhood General and Neighborhood Edge. 1'3) Non-residential uses shall be provided in one location, such as a crossroads, and designed to incorporate the community green. Open spaces and parks. At a minimum, Hamlets shall provide a public green equal to a minimum of 1% of the total Hamlet gross acreage. Context Zones. Context Zones are intended to guide the location of uses and their intensity and diversity within a Hamlet, and provide for the establishment of the urban to rural continuum. (1) Neighborhood General. Neighborhood General is predominately residential with a mix of single and'multi-family housing. Neighborhood scale goods and services, schools, parks and open space diversify the neighborhoods. The street grid is maintained through the Neighborhood General to disperse traffic. Sidewalks and streetscape support the pedestrian environment. The design criteria applicable within Neighborhood General are as follows: (a) Uses-residential, neighborhood scale goods and services, civic, institutional, parks and schools. 1'b) Building height - 3.5 Stories (c) Block Perimeter: 3500 Ft. max. The maximum maybe greater if an alley or pathway provides through access, or the block includes water bodies or public facilities. (d) For single-family residential uses: i. Minimum lot area: 1,000 SF ii. Setbacks and encroachments to be defined in the SRA. Development Document iii. Parking space requirements and design are the same as in the Town Core, with provision for an additional parking space if an accessory dwelling unit is built. iv. Landscaping - Minimum of 60 Sq. Ft. of shrub planting per lot. Plantings shall be in planting areas, raised vlanters, or vlant: - ~' .... ":- the front of the dwelling. Minimum of turf grass for the rerl the property. FEB't 93 .,. be TALg$32626.5 (e) For multi-family residential uses: i. Maximum lot area: 4 acres. ii. Front yard setbacks - 10 Ft. iii. Minimum side yard setbacks - 10 Ft. iv. Minimum rear yard setbacks - 20 Ft. for primary structure, 5 Ft. for accessory structures v. Encroachments: Porches, stoops, chimneys, bays canopies, balconies and overhangs may encroach into the front yard 3 Ft. '6 In. These same elements may encroach 3 Ft. into side yards but no element may encroach into a side yard such that the distance to the property line from the encroaching clement is less than 3 Ft. 2 In. except that overhangs may encroach 2 Ft. into any yard. vi. Parking space requirements and design are the same as in the Town Core. vii. Landscaping- Minimum of 100 Sq. Ft. of shrub planting per 2,000 Sq. Ft. of building footprint, and on tree per 4,000 Sq. Ft. of lot area~ inclusive of street trees. Plantings shall be in planting areas, raised planters, or planter boxes in the front of thc building. Minimum of turf grass for the remainder of the property. (f) Non-residential uses i. Location: at intersection corner. Mid-block locations are not allowed. ii. Maximum square footage per use is 5,000. iii. Maximum square footage per location is 20,000. iv. Min. lot area: No less than the min. lot area of the smallest adjacent lot. v. Front setbacks - F~qual to the smallest utilized setback of the adiacent lo~t vi. Side setbacks - Equal to the smallest utilized setback of the adiacent lot vii.Rear setbacks - mi~mum 20 feet for the principal structure and 5 feet for any accessory use viii.Parking. Parking space requirements and design are the same as in the Town Core. On-street parking must be provided along the lot street frontage. No off-street parking shall be permitted between the front facade and the front property line.' All off-street parking shall be screened from the street and adjacent property by wall, fence and/or landscaping. ix. Landscaping. Minimum of 100 Sq. Ft. of shrub planting per 2,000 Sq. Ft. of building footprint, and on tree per 4,000 Sq. Ft. oflo! area_ inclusive of street trees. Plantings shall be in planting area.,, rais~,r-~oA TAL~532626.5 planters, or planter boxes in the fi.om of the building. Minimum of turf grass for the remainder of the property. x. Signage within Neighborhood General shall comply with the standards provided in the Town Neighborhood General. xi. Streets shall adhere to J.l.b. and Figures 5, 6, 7, 8~9, or 10, ! !, 12, !9, ! ~, ! 5, zr ! 6. At a minimum all proposed streets must include sidewalks on both sides of the street, parallel to the right-of-way, and a 5 foot streetscape area between the back of curb.and the sidewalk. (2) Neh~hborhood Edge. Neighborhood Edge is predominately a'si~gle-family residential neighborhood. This zone has the least intensity and diversity. The mix of uses is limited. Residential lots are larger and more open space is evident. The Neighborhood Edge may be used to provide a transition to adjoining rural land uses. (a) Uses- residential, parks, golf courses, schools, essential serviee~ (b)Building height - 2 Stories (c) Minimum lot area 5000 square feet (d) Setbacks to be further defined within the SRA Development Document (e) Block Perimeter: 5000 feet max. The maximum may be greater if an alley or pathway provides through access, or the block includes water bodies or public facilities. (f} Parking. - Parking space requirements and design are the same as in the ' Town Core. Provision shall be made for an additional parking space if an accessory dwelling unit is built. (e) Landscaping. Minimum of 100 Sq. Ft. of shrub planting per lot. Plantings shall be in planting areas, raised planters, or planter boxed in the fi'ont of the dwelling. Minimum &turf grass for the remainder of the property. (h)Streets shall adhere to J.l.b and Figures 9, 11, 12, 13, 14, 15, 16, 17, or IR ! 9, er 20. At a minimum all proposed streets must include a 1 O-foot pathway on one side of the street with an 8-foot streetseape area between the edge of curb and the pathway. Compact Rural Development Criteria a. General. (1) COmpact Rural Development (CRD) is a form of SRA that will provide flexibility with respect to the mix &uses and development standards, but shall · otherwise comply with the design standards of a Hamlet or Village. (2) A CRD may include, but is not required to have permanent residential housing and the services and facilities that support permanent residents. (3) Except as described above, a CRD will conform to the design stand Village or Hamlet as set forth herein based on the size of the CRD. residential units are not a required use, those goods and services th, 95 FEB 1 !..200 residents such as retail, office, civic, governmental and institutional use.,s _~hall also not be required, however for any CRD that does include permanent residential housing, the proportionate support services shall be provided_ b.. Example. An example ofa CRD is an ecotourism village that would have a unique set of uses and support services different from a traditional residential v/llage. It would contain transient lodging facilities and services appropriate to eeo-tourists, but may not provide for the range of services that necessary tn support permanent residents. 6. - 8. No change , ,, , K. - L. No change 2.2.27.11 BASELINE STANDARDS rD ...... .,7. A. PURPOSE AND INTENT. These Baseline Standards will remain in effect for all la_nd within the RLSA District unless or until such land becomes subject to the transfer or receipt of Stewardship Credits, except as to those agricultural uses subject to sections 163.3162(4) and 823.14(6), Florida Statutes. The Baseline Standards are intended to protect water' quality and quantity, maintain the natural water re,me, _and protect listed animal and plant species and their habitats on land that has not been designated as an SSA or'SRA. The Opportunity to voluntarily participate in the Stewardship Credit Program, as well'as the fight to sell conservation easements or a fee or lesser interest in the land, shall constitute compensation for the loss of any development fights related to these standards. B. APPLICABILITY OF CODE. Except as otherwise specifically provided in SectiOn 2.2.27.11, those provisions of this Code in effect as of November [ ], 1999, shall apply to all land within the RLSA District unless or until such lands become subject to the transfer or receipt of Stewardship Credits. ALLOWABLE USES. The permitted, accessory, and conditional uses allowed shall be_ those set forth in Section 2.2.2 in effect as of November [ ], 1999, with the following exceptions: 1. Residential Uses, General Conditional Uses, Earth Mining and Processing Uses, and Recreational Uses (layers 1-4) as listed in the Matrix at Section 2.2.27.9.B.4.b. shall be eliminated in all FSAs, as provided in Section 2.2.27.8.G. Conditi°nal 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 an Index value of 1.2 or less, as provided in Section 2.2.27.8.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 FSAs and 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 in compliance with the criteria established in Chapter 62C- 25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Bi~ Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Co~A County ti! and ga: environmental permitting requirements shall be conside~ No... TAI~532626.5 De E TALg532626.5 satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress _Watershed, the applicant shall be responsible for convening the Big Cypress Swamp ~Adviso _ry Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C, even if outside the defined Big Cypress Watershed. All access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2')(a)(1) through (12), 4. Asphaltic and concrete batch making plants shall be prohibited in areas mapped as' HSAs. STANDARDS APPLICABLE INSIDE THE ACSC. RLSA District lands within the ACSC shall be subiect to all ACSC regulatory standards, including those that strictly limit non-agricultural clearing. STANDARDS APPLICABLE OUTSIDE THE AC$C. Except to the extent' ~superceded by G or H below, the following standards shall apply to all development within those areas of the RLSA District that are outside of the ACSC, other than agricultural operations that fall within the scope of sections 163.3162 (4'} and 823.14(6), F.S., and single family residential dwellings, unless or until such lands are subject to transmittal or receipt of Stewardship Credits: 1. A wildlife survey, as set forth in 3.8.5:7, shall be required for all parcels when listed ~ecies are known to inhabit biological communities similar to those existing on site or where listed species are directly observed on the site. 2. A minimum of 40% of the native vegetation on the project site must be retained. If listed species are directly observed on the site of the project or are indicated by evidence, such as denning, foraging, or other indications, first priori _ty shall be given to preserving the habitat of such listed species. 3. If the wildlife survey indicates that listed species are utilizing the site, or the site is capable of supporting and is likely to support listed species, a wildlife habitat management plan shall be prepared and submitted to the County. a. The wildlife habitat management plan within the RI. SA District shall include the following teclmiques to protect listed species from the negative impacts of development: t~1) Open space and vegetation preservation requirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated by (2) human activities. · Fencing, walls, other obstructions, or other provisions shall be used to minimize development impacts 'to the listed species and to encourage wildlife to use wildlife corridors. Roadways crossings, underpasses, and signage shall be used where road.~ cross wildlife corridors. 97 FEB I 1.. TAI.~532626.5 b. The wildlife habitat management plan shall also incorporate the fol!owlng' (1) a description &the techniques used to direct incompatible ls~_d uses away bom listed species and their habitats and to comply with the criteria identified in 1 and 2 above, as applicable; (2) identification of appropriate lighting controls for permitted uses and a consideration of the opportunity to utilize prescribed burning to msin.~in fin adapted preserved vegetation communities and provide browse for whi~ tailed deer, consistent with the UFWS South Florida Multi-Species Recover Plan, May 1999, except as recommended otherwise by the UF,WS or FFWCC; and (3) if the development will be larger than 10 acres, a monitoring pro~: c. The fo]~lowing references shall be used, as appropriate, to prepare the wildlife habitat management plan: (1) South FlOrida Multi-Species Recovery Plan, USFWS, 1999. (2) Habitat Management Guidelines for the Bald Eagle in the Southeast Region~ USFWS, 1987. (3) Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherne polgphernus) Populations found on Lands Slated for Large Scale .Development in FlOrida, Technical Report No. 4, Florida Game and Fresh Water Fish Commission, 1987. (4) Ecology and Development-Related Habitat Requirements of the Florida scrub Jay (Apelocoma coerulescens), Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 1991. (5) Ecology and Habitat Protection Needs of the Southeastern American Kestrel fFalco Sparverius Paulus) on Large-scale Development Sites in Florida Nongame Technical Report No. 13, Florida Game and Fresh Water Fish Commission, 1993. d. The following species specific provisions shall be included within the wildlife habitat management plan if the wildlife survey indicates that the identified species utilizes the site or the site is capable of supporting and is likely to support such species: (1) Go~her tortoise. For parcels containing gopher tortoises (Gophern~ polyphemus), priority shall be given to protecting the largest, most contiguon~ gopher tortoise habitat with the greatest number of active burrows, and for providing a connection to offsite adiacent gopher tortoise preserves (2) Florida scrub [ay. Habitat preservation for the Florida scrub iay (Aphelocom-q coemlescens) shall conform to the guidelines contained in Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 1991. A maintenoncc program shall be established, which shall specify appropriate fire or mechanical protodols to maintain the natural scrub community. A awareness program to educate residents about the on-site preserve ~ 98 ~ubl~,,~ tYco~ ~d th~eed. : · FE[ .1'I to maintain' the scrub vegetation shall be developed. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery plan~ May ..]999. (3)Bald ea£1e: For the bald eagle (Haliaeetus leucoceph~!us), the required habitm management plans shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain tvves of activities during the nest seaSon. These requirements shall b~ consistent with the UFWS South Florida Multi-Species Recover Plan, May 1999. (4)Red-cockaded woodpecker. For the red-cockaded woodpecl~er (Ipicoides borealis), the required habitat protection plan shall outline measures to avoid adverse impacts to active clusters and to minimize impacts to fora,m.'ng habitat Where adverse effects can not be avoided, measures shall be taken to minimize, on-site disturbance and compensate or mitigate for impacts that remain. These. requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999. (5)Florida black bear. In areas where the Florida black bear (Ursus americam, n floridanus) may be present, thc management plans shall require that garbage be placed in bear-proof containers, at one or more central locations. The, management plan shall also identify methods to inform local residents of the concerns related to interaction between black bears and humans. Mitigation for impacting habitat suitable for black bear shall be considered in the management plan. (6)Panther. For projects located in Priority I or Priority H Panther Habitat areas, the management plan shall discourage the destruction of undisturbed, habitats that are preferred by the Florida panther (Fells concolor coryi) by directing intensive land uses to currently disturbed areas. Preferred habitm.n include pine flatwoods and hardwood hammocks. In turn, these areas shall be buffered from the most intense land uses of the project byusing low intensity land uses (e.g., parks, passive recreational areas, golf courses). On property where the wildlife survey establishes that listed species are utilizing the site or where the site is capable of supporting listed species and such listed species can be anticipated to potentially occupy the site, the County shall, consistent with the RLSA Overlay of the GMP. consider and utilize recommendations and letters of technical assistance from the State of Florida Fish and Wildlife Conservation Commission and recommendations from the U.S. Fish and Wildlife Service in issuing Fe TALg$32626.5 development orders. It is recognized that these agency recommendations, on a case by case basis may change the requirements contained in herein and any such change shall be deemed consistent with this Code. GOLF COURSE STANDARDS. Except as otherwise required by G or H below, all golf courses within the RLSA District that are not within an SRA shall be subject to the, following requirements: 99 AGENDA TA1~532626.5 1. Golf courses shall be designed, constructed, and managed in accordance with Audubon International's Gold Signature Program. The proiect shall demonstrate that the Principles for ResoUrCe Management required by the Gold Signature Program (Site Specific Assessment, Habitat Sensitivity, Native and Naturalized Plants and Natural Landscaping, Water Conservation, Waste Management. Energy Conservation & Renewable Energy Sources, Transportation, Greenspace and Corridors, Agriculture, and Building Design) have been incorporated into the golf course's design and operational procedures. In addition to addressing these requirements, golf courses shall meet the following specific criteria: a. In order to prevent the contamination of soil, surface water and ground water by the materials stored and handled by golf course maintenance operations, golf' courses shall comply with the Best Management Practices for Golf Course Maintenance Departments, prepared by the Florida Department of l~nvironmenml Protection, May 1995. b. To protect ground and surface water quality from fertilizer and pesticide usage, golf courses shall demonstrate the following management practices: (1) The use of Sl°w release nitrogen sources; (2) The use of soil and plant tissue analysis to adiust timing and amount of fertilization applications;. (3) The use of an integrated pest management program using both biological and chemical agents to control various pests; (4) The coordination of pesticide applications with the timing and applicatiOn of irrigation water; (5) The use of the procedure contained in IFAS Circular 1011, Managin~ Pesticides for Golf Course Maintenance and l~rater Oualit~ Protection, May 1991 (revised 1995) to select pesticides that will have a minimum adverse impact on water quality To ensure water conservation, golf courses shall incorporate the following in their design and operation: a. Irrigation systems shall be designed to use weather station information and moisture-sensing systems to determine the optimum amount of irrigation water needed considering soil moisture and evapotranspiration rates. b. As available, golf courses shall utilize treated effluent reuse water consistent with Sanitary Sewer Sub.Element Obiective 1.4 and its policies; c. Native plants shall be used exClusively except for special purpose areas such ~q golf greens, fairways, and building sites. Within these excepted areas, landscaping plans shall require that at least 75% of the trees and 50% of the shrubs be freeze-tolerant native Floridian species. At least 75% of the required' native trees and shrubs shall also be drought tolerant species. Stonnwater management ponds shall be designed to mimic the functio~ systems: by establishing shorelines that are sinuous in configuration 100 ~ of .a.-_~4_.?,[ in ruder to FEI 1 1. provide increased length and diversiW of the littoral zone. A Littoral shelf shall be established to provide a feeding area for water dependent avian species. The combined length of vertical and rip-rapped walls shall be limited to 25% of the shoreline. Credits to the site preservation area requirements, on an acre- to- acre basis, shall be given for littoral shelves that exceed these littoral shelf area requirements. G. STANDARDS APPLICABLE IN FSAS~ HSAS~ AND WRAS TI-I'AT OUTSIDE OF THE ACSC. The provisions of Divisions 3.8, 3.9, and 3.11 in effect of November [ ], 1999, shall apply to FSAs, HSAs, and WRAs that outside of the ACSC with the following exceptions: 1. Site clearing and alteration shall be limited to 20% of the property and nonpermeabl~ surfaces shall not exceed 50% of any such area. 2. Except for roads and lakes, any nonpermeable surface ~eater than one acre shall provide for release of surface water run off, collected or uncollected, in a manner approximating the natural surface water flow regime of the surrounding arco 3. Roads shall be designed to allow the passage of surface water flows through the use of equalizer pipes, interceptor spreader systems or performance equivalent structures. 4. Revegetation and landscaping of cleared areas shall be accomplished with predominantly native species and planting of undesirable exotic species shall be prohibited. H. STANDARDS APPLICABLE TO WETLANDS OUTSIDE OF FSAS~ HSAS~ WRAS~ AND THE ACSC. Wetlands located outside ofFSAs, HSAs, WRAs, and th~'- ACSC shall be preserved in accord with the following criteria: 1. The vegetative preservation requirement set forth in E.2 above shall first be met through preservation of wetlands having a functionality assessment Score of 0.65 or greater. Applicants shall establish the wetland functionality score of wetlands using the South Florida Water Management District's Unified Wetland Mitigation Assessment Method, F.A.C. 62-345. Upland vegetative communities may b~. utilized to meet the vegetative, open space, and site preservation requirements when the wetland functional assessment score of on-site wetlands is less than 0.65. 2. Wetlands utilized by listed species or serving as corridors for the movement of listed species shall be preserved on site. 3. Wetland flowway functions through the project shall be maintained. 4. Ground water table drawdowns or diversions shall not adversely change the hydroperiod of preserved wetlands on or offsite and detention and control elevation~ shall be set to protect surrounding wetlands and be consistent with surrounding land and project control elevations and water tables. In order to meet these requirement,. TALg532626.$ proiects shall be designed in accordance with Sections 4.2.2.4.6.11 and 6.12 of. SFWMD's Basis of Review, January 2001. Ali direct impacts shall be mitigated for as required by applicable federal agencies and in the same manner as set forth in Division 3.9.5.3.B.1 of th 101 r .qtnte Cod~C,~a rr~ FEE 200 TAL~532626,5 Single family residences shall follow the requirements contained within Policy 6.2.7 of the Conservation and Coastal Management Element. Appropriate buffering shall be provided to separate preserved wetlands from other land uses. A minimum 50-foot vegetated upland buffer is required adiacent to a natural water body and for other wetlands a minimum 25-foot vegetated upland buffer adiacent to the wetland. A structural buffer, consisting of a stem-wall, a berm, o~ a vegetative hedge with suitable fencing, may be used in coniunction with a v~egetative buffer that would reduce the vegetative buffer width by 50%. A structural buffer shall be required adiacent to wetlands where direct impacts are allows. Wetland buffers shall conform to the following standards: a. The buffer shall be measured landward from the approved jurisdictional line. b. The buffer zone shall consist of preserved native vegetation. Where native vegetation does not exist, native vegetation compatible with the existing soils and expected hydrologic conditions shall be planted. e. The buffer shall be maintained free of Category I Exotics. d. The following land uses are considered to be compatible with wetland functions and are allowed within the buffer: (1) Passive recreational areas, boardwalks and recreational shelters; (2) Pervious nature trails; (3) Water management structures;' (4) Mitigation areas; (5) Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses. Mitigation Requirements. Mitigation shall be required for direct impacts to wetlands, such that the wetland functional score of the mitigation equals or exceeds the wetland functional score of the impacted wetlands. a. Priority shall be given to mitigation within FSAs and HSAs. b. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for by providing an equal mount of storage or conveyance capacity on site and within or adiacent to the impacted wetland. c. Protection shall be provided for preserved or created wetland or upland vegetative communities offered as mitigation by placing a conservation easement over the land in perpetuity, providing for initial exotic plant removal (Class I invasive exotic plants defined by the Florida Exotic Plan Council) and continuing exotic plant maintenance, or by appropriate ownership transfer to a state or federal _agency along with sufficient funding for perpetual management activities. 10.Prior to issuance of any final development order that authorizes 'site alteration, the applicant shall demonstrate compliance with paragraphs 9.a through 9.c a applicable. If state or federal agency permits have not provided mitigatior 102 FEB 1!'20( consistent with paragraphs 9 above, the County shall require mitigation exceeding that of the jurisdictional agenc~ies. 11. Wetland preservation, buffer areas, and mitigation areas shall be identified or platted as separate tracts. In the case of a Planned Unit Development (PUD), these areas shall also be depicted on the PUD Master Plan. These areas shall be maintained flee from trash and debris and from Category I Exotics. Land uses allowed in these areas shall be limited to those identified in 8.d above. TAI.~532626.5 103 TAB D SECTION 2.2.30 NRPA OVERLAY TALg532626.$ 104 2.2.30. NATURAL RESOURCE pROTECTION AREA OVERLAY DISTRICT 0 RPA) 2.2.30.1 PURPOSE AND INTENT. The purpose and intent of the Natural Resource Protection Area Overlay District (NRPA) is to: protect endangered or potentially endangered_ species by directing incompatible land uses away their habitats; to identify large, connected intact, and relatively unfragrnented habitats, which may be important for these listed species; and to support State and Federal agencies' efforts to protect endangered or Potentially endangered species and their habitats. NRPAs may include maior wetland systemn anti regional flow-wa~. These lands generally should be the focus of any federal,.st~_te, CounW or private acquisition efforts. AcCordingly, allowable land uses, vegetation preservation standards, development standards, and listed species protection criteria within NRPAs sc: forth herein are more restrictive than would otherwise be permitted in the underlying zoning district and shall to be applicable in addition to any standards that apply tin the underlying zoning district. A. NRPA OVERLAY AREAS~ NRPAs are located in the following areas: 1. Clam Bay Conservation Area (within Pelican Bay Planned Unit Development): 2. CREW (Corkscrew Regional 'Ecosystem Watershed); 3. North Belle Meade;' 4. South Belle Meade; 5. South Golden Gate Estates.. [Insert NR.PA map] B. NRPAS DESIGNATED AS RFNIU SENDING LANDS WITHIN TIlE ~ DISTRICT. NRPAs located in the RFMU District are identified as RFMU Sending Lands and are further subiect to the provisions, conditions and standards set forth in Section 2.2.2½.4. Private property owners within these NRPAs may transfer residential development fights from these important environmentally sensitive lands to oth~ identified "receiving" lands pursuant to eth specific provisions set forth in Section 2.6.39 of this Code. C. DEVELOPMENT STANDARDS. following standards: 1. Development within a NRPA shall ~dhere to Vegetati°n Retention and Site Preservation - Native vegetation retention shall be required in Section 3.9.4.3. ' 2. Permitted and conditional uses for all lands within a NRPA that are zoned CON and for those lands within any NRPA that are publicly owned shall be as set forth ir Sections 2.2.17.2.A., B, and C, respectively 3. For privately owned lands within a NRPA within the RFMU District, permitted and conditional uses shall be those as set forth in the RFMU District Sending Lande (Section 2.2.2½.4.). 5. For privately owned lands within a NRPA and designated Estates, permitted md conditional uses shall be those as set forth in the Estates Designation within i T^L~532626.5 105 · AGENDA ITEM FEl 'i 1:200 Golden Gate Area Master Plan. As these privately owned Estates Desi~,~t~ !and_"_ are acquired for conservation purposes, the Comprehensive Plan and will be amendea to change the Designation to Conservation and the property will be rezoned to CON district. There are approximately 15 sections of privately owned land within a NRPA that arc, not designated Sending and are not located within the RFMU District. Eight (8) of these sections, known as the "hole-in-the-doughnut," are located within the South Golden Gate Estates NRPA and surrounded by platted Estates lots, almost all of which have been acquired by the State under the Florida Forever progm._m as part of the Picayune Strand State Forest: The remaining seven (7) sections are within an approved mitigation bank located north and west of Corkscrew Swamp Sanetnaw As these privately owned Agricultural/Rural Designated lands are acquired for conservation purposes, the Plan will be amended to change the Desi..tmstion to CON District. Until such time as the designation on these lands is change to CON District permitted and conditional uses for these privately owned lands shall be those set forth in underlying zoning district. TAL#532626.$ 106 AGENDA ITE~ No. FEB 1 l'201 TAB E 2.2.31 NBM OVERLAY TALg532626.5 107 AC.,F. NI)A NO... 2.2.31 NORTH BELLE MEADE OVERLAY DISTRICT (NBMO) 2.2.31.1 PURPOSE AND INTENT 2.2.31.2 ESTABLISHMENT OF NORTH BELLE MEADE ZONING OVERLAY 2.2.31.3 APPLICABILITY 2.2.31.4 GENERAL PLANNING AND DESIGN CONSIDERATIONS A. TRANSPORTATION B. BUFFERING C. GREENWAY 2.2.31.5 ADDITIONAL SPECIFIC AREA PROVISIONS A. RECEIVING LANDs B. NEUTRAL LANDS 2.2.31.2. 2.2.31.3. TALg532626.5 .,,1,,~ .;~1 .... +,,;.~ I~A ,,.1 .... 1 " 108 AOF. NDA ITEM No., FEB 1 ': COLLIER COUNTY ~ ~I:~m~o. dNRPA~ TAI.//532626.5 109 · -,-,~, AGENDA iT'-i:M No. FEB 1 p~. /-~' 7 Sec. 2.2.31 NORTH BELLE MEADE OVERLAY DISTRICT (NBMO) 2.2.31.1 PURPOSE AND INTENT. The North Belle Meade Overlay 0VBM0) ,_'n unique to the RFMU District because it is surrounded by areas that are vested for development on three sides. Because this area is largely undeveloped and includ~ substantial vegetated areas, the NBMO can and does provide valuable habitat for wildlife, including endangered species. The NBMO is intended to achiev6 fi 6alanee of both preservation and opportunities for future development that takes into account resource protection and the relationship between this area and the Estates developing around the NBMO. 2.2.31.2. ESTABLISHMENT OF NORTH BELLE MEADE ZONING OVERI,AY DISTRICT. In order to implement the North Belle Meade provisions of the GMP, an NBMO, to bc designated as "NBMO" on the Official Zoning Atlas, is hereby established. The NBMOarea is surrounded by Golden Gate Estates to the north, east, and west and 1-75 to the south. This NBMO comprises some 24 sections of land a_,d approximately 15,550 acres and is located entirely within the RFMU District (Section 2.2.2½.) [Insert NBMOMaP{ ~ 2.21.3.3 APPLICABILITY: A. NBMO RECEIVING LANDS. Permitted, conditional, and accessory use.~ within NBMO Receiving Lands shall be as set forth in Section 2.2.2½.2, except ~s provided in 2.2.31.5. All other provisions &this Code that implement the Future, Land Use Element, Conservation and Coastal Management Element, or Public Facilities Element, including but not limited to Divisions 3.9 and 3.11, shall only be applicable to development in NBMO Receiving Lands to the extent specifically stated in Section 2.2.31. However, all development within_ NBMO Receiving Lands shall comply with all non-environmental review procedures for site development plans and platting as set forth in this Code. B. NBMO NEUTRAL LANDS. Except as otherxvise specifically provided in 2.2.31.4 and 2.2.31.5.B, all development within NBMO Neutral ! ~nds shall be, consistent with Section 2.2.2½.3. C. NBMO SENDING LANDS. Except as otherwise specifically provided in Section 2.2.31.4, all development with NBMO Sending Lands shall be eonsist~t with Section 2.2.2½.4 2.2.31.4 GENERAL PLANNING AND DESIGN CONSIDERATIONS: A. TRANSPORTATION. As a condition for the approval of the residei component of any subdivision plat, site development plan, PUD, or DR] wi TAL~$32626.$ 110 iai AGENDA IT~ mia No. FEB '1 20 Sections 21, .28, or 27 of the NBMO, the following tran~orta_ti'on relat~ improvements and planning and design elements shall be addressed an,! provision made for their completion to the extent such improvements necessitated by the development. 1. An extension of Wilson Boulevard shall be provided, including ROW dedication and construction to County collector road stand,_-'ds, bh-ough Section 33, Range 27 East, extending to the south to Interst8te 75 via interchange or service road for residential development should it commence in Sections 21, 28 and 27. The portion of Wilson Boulevard that traverse,: through NBMO Sending Lands shall be designed with aquatic species crossings and small terrestrial animal crossings. As an alternative to 1 above, a haul road along an extension of Wilson Boulevard shall be improved to stand_a~rds sufficient, in the opinion of County transportation staff, to safely serve earth-mining activities with a eonnectior through Sections 32 and 31 to Landfill Road Lands required for the extension of Wilson Boulevard will be dedicated tv Collier County at the time ofrezoning. The fight-of-way shall be ofn sufficient size to accommodate collector road requirements. All new roads and road improvements, other than the Wilson Boulevar; extension and the haul road referenced in 2 above, shall: a. be routed so as to avoid traversing publicly owned natural preserves. publicly owned parks, publicly owned recreation areas, areas identified environmentally sensitive wildlife habitat, wildlife corridors, and greenways unless there is no feasible and prudent alternative- b. be designed with aquatic species crossings, small terrestrial animal crossings, and large terrestrial animal crossings pursuant to Florida and Wildlife Conservation Commission cfiter/s The western 1/4 of Sections 22 and 27 shall be buffered fi.om th,, B. BUFFERING. NBMO NRPA to the east by a buffer preservation that includes all of the easteJ, ½ of the western 1/4 of Sections 22 and 27. This buffer shall consist of lake - excavation areas between the Wilson Boulevard extension road right-of-way and the NRPA. GREENWAY. A Greenway that follows natural flowways, as contemplated the CommuniW Character Plan prepared by Dover Kohl, shall be created withk~ NBMO Sending Lands. As a condition to the creation of TDR Credits from NBMO Sending Lands that constitute natural flowways, such lands shall be, dedicated to a public or private entity for use as part of the Greenway~ 2.2.31.5 ADDITIONAL SPECIFIC AREA PROVISIONS A. RECEIVING LANDS 1 .Densi ,ry. TAI~532626.5 111 AGENDA I'1~'- ' ' a. The base density in RFMU Receiving Lands, outside of a Rural Village is one dwelling unit per five (5) gross acres, or one dwelling unit per legal, nonconforming lot or parcel in existence as Of Sune 22, 1999. b. This density may be increased, through TDR Credits, up to a maximum of 1 dwelling unit per gross acre. c. Once a density of 1 dwelling unit per gross acre is achieved through TDR Credits, additional may be achieved as follows: (1) 0.1 dwelling unit per acre for each acre ofnative vegetation. preserved on-site~ (2) 0.1 dwelling unit per acre for each acre of wetlands having a functionality value~ as assessed using the South Florida Water Management District's Unified Wetlands Mitigation Assessment' Method, of 0.65 or greater that are preserved on-site; and/or (3) 0.1 dwelling unit per acre for each acre of NBMO Sending Land that is within either a NRPA or a buffer area adioining a NRPA that is dedicated to a public or private entity for conservation use. The earth mining operation and asphalt plant uses that currently exist within NBMO Receiving Lands may continue and may expand as follows: a. Until June 19, 2004, or such other date as the GMP is amended to provide, such uses may expand only into the western half of Section 21 and shall not generate truck traffic beyond average historic levels. b. Such mining operations and an asphalt plant may expand on Sections 21 and 28 and the western quarters of 22 and 27 as a permitted use if either of the following occur by June 19, 2004, or sUch other date as the GMP is amended to provide: (1) an alignment has been selected, funding has been determined, and an accelerated construction schedule established by the BCC and the mine operator, for an east-west connector roadway between County Road 951 and the Wilson Boulevard extension; or · (2) the mine operator commits to construct a private haul road by June 19, 2006, or such other date as the GMP is amended to proVide, without the use of any public funds.. c. If the conditions for expansion set forth in b above are not satisfied, any mining operations or asphalt plant in these areas, other than continued operations on the western half of Section 21 at historic levels, shall be permitted only as a conditional use. ^ Greenbelt is not required for any development in NBMO Receiving Lands, whether inside or outside of a Rural Village. NBMO Rural Village. A NBMO Rural Village shall adhere to the proviz. for Rural Village set forth in Section 2.2.2½.2.B, except as follows: TAI_g532626.5 112 AGENDA ITE~ No.' Be a_. Density.' An NBMO Rural Village shall have a minimum gross density of 1.5 dwelling units per acre and a maximum gross density of three (3) dwelling units per acre. (1) The minimum required density shall be achieved through base density, TDR and Bonus Credits, as provided in Section 2.2.2½.2.B.3.b. (2) Once the minimum required density is achieved, additional density may be achieved, up to the maximum of three (3) dwelling units per gross acre through any one or combination of the following: (a) TDR Credits; (b) 0.3 dwelling unit per acre for each acre of native vegetation preserVed on-site~ (c) 0.3 dwelling unit per acre for each acre of wetlands having a functionality value, as assessed using the South Florida Water Management District's Unified Wetlands Mitigation Assessment Method, of 0.65 or greater that are preserved on-site; and/or (d) 0.3 dwelling unit per acre for each acre of NBMO Sending Land that is within either a NRPA or a buffer area adjoining a NRPA that is dedicated to a public or private entity for conservation use. b..~. Sidewalks shall be required on both sides of the streets. e_. Interconnected bike lanes shall be provided on all collector and arterial roadways. d.~. Schools shall be located within a NBMO Rural Village whenever possible, in order to minimize bussing of students. Furthermore, whenever possible, schools shall be co-located with other public facilities and civic structures, such as parks, libraries, community centers, public squares, greens, and civic areas. e. Elementary schools shall be accessible by local streets and pedestrian and bicycle facilities and shall be located in or adjacent to the Rural Village Center, provided that local streets provide access adequate to meets the needs of the School Board. NEUTRAL LANDS. Neutral Lands shall be governed by the standards set forth in Section 2.2.2½.3, with the exception that, in those Neutral Lands located in Section 24, Township 49 South, Range 26 East, a minimum of 70% of the native vegetation present shall be preserved. TALg532626.5 113 TAB F 2.6.9 ESSENTIAL SERVICES TALg$32626.5 114 2.6.9 ESSENTIAL SERVICES 2.6.9.1. PERMITTED ESSENTIAL SERVICES A. PERMITTED ESSENTIAL SERVICES IN ALL DISTRICTS EXCEPT CON DISTRICTS, RFMU SENDING LANDS, NRPAS, HSAS, AND FSAS B. PERMITTED ESSENTIAL SERVICES IN CON DISTRICTS', RFMU SENDING LANDS, NRPAS, HSAS, AND RSAS C. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN , ,' COMMERCIAL AND INDUSTRIALLY ZONED DISTRICTS D. ADDITIONAL PERMrrTED ESSENTIAL SERVICES IN AGRICULTURAL AND ESTATE ZONED DISTRICTS E. ADDITIONAL PERMITTED ESSENT/AL SERVICES IN AGRICULTURAL ZONED DISTRICTS F. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN RESIDENTIALLY ZONED DISTRICTS 2.6.9.2 CONDITIONAL USES A. CONDITIONAL ESSENTIAL SERVICES IN ALL ZONING DISTRICTS EXCEPT RFMU SENDING LANDS, CON DISTRICTS, NRPAS, HSAS, AND FSAS' B. CONDITIONAL ESSENTIAL SERVICES IN RFMU SENDING LANDS, NRPAS, CON DISTRICTS, AND RSLA DESIGNATED HSAS, AND FSAS C. ADDITIONAL CONDITIONAL USES IN RESIDENTIAL AND ESTATE ZONED DISTRICTS AND RFMURECEIVING AND NEUTRAL LANDS 2.6.9.3 CONDITIONAL USES THAT INCLUDE THE INSTALLATION OF STRUCTURES 2.6.9. ESSENTIAL SERVICES. Essential services are hereby defined as: facilities and services, including utilities, safety services, and other government services, necessary to promote and protect public health, safety and welfare, including but not limited to the following: pc. lice law enforcement, fire, emergency medical, public park and public library facilitieS; and all services designed and operated to provide water, sewer, natural gas, telephone, electricity, cable television or communications to the general public by providers which have been approved and authorized according to laws having appropriate jurisdiction, and governmental facilities. Essential services are a!!o-"ed c~_.m:~.., authorized as follows: TAL~532626.5 115 FEB 1! 2004 2.6.9.1 PERMITTED ~ ESSENTIAL SERVICES. A. PERMITTED ESSENTIAL SERVICES IN ~! J~ DISTRICTS EXCEPT Be services are permitted: · CON DISTRICTS~ RFMU SENDING LANDS~ NRPAS~ HSAS~ AND FSAS, The following uses essential services are allowed as permitted uses in all zoning districts, except as specifically prohibited herein for Conservation, RFMU Distric; Sending Lands, and RLSA HSAs, NRPAs, and FSAs: I..~. w_Water lines and; sewer lines~,; 2. Natural gas lines, except those associated with oil extraction an_d_' relat_,~ processing operations as defined in this code and regulated under applicable federal and state law; 3. ~Telephone lines, telephone switching stations, and cable television lines; 4_. Communication Towers, limited to those providing wireless emergency telephone service, subiect to all applicable provisions Section 2.6.35 ofthi.~ Code;. 5_. e_Electrical transmission and distribution lines, substations, and emergency power structures; 6_. s_Sewage lift stations;, and water pumping stations; 7. eEssential service wells (including extraction facilitie~ and requisite ancillary facilitie~)~ and 8_. _o~ny other wells which have been or will be permitted by the South Florida Water Management District or the Florida dDepartment ofe_Environmental pProtection either prior to or subsequent to the effective date of this ordinance, or if the respective well and/or well related facility is othenvise required to be installed or constructed by law; L-: ,~.., ~'^.,u .... c ....... ca. ...... ':"~" If I1 i C Iii C unty ...... ~. .......................... v .~. any proposed we sa o er o owned well under the permitting jurisdiction o£ a Florida agency, staff, early in the e~_ounty's well permit application process, shall post sign(s) at the e~_ounty's proposed well site(s) and shall provide written notice that the county has applied for a required well permit to property owners within 300 feet of the property lines of the lots or parcels of land on which the applied-for well is being sought by the e~_ounty, including, if applicable, the times and places.of the permitting agency's scheduled public hearings; PERMITTED ESSENTIAL SERVICES IN CON DISTRICTS~ RFMU SENDING LANDS~ NRPAS~ HSAS~ AND FSAS. 1. Within CON Districts, Sending Lands in the RFMU District, NRPAs and within designated Habitat Stewardship Areas (HSA) and Flow way Stewardship Areas (FSA) within the RLSA overlay district subieet to the, limitations set forth in Section 2.2.27.1 o -, - 1 ....~, the following essential TAL~532626.$ 116 ac do Private wells and septic tanks; Utility lines, except sewer lines; Sewer lines and lift stations, only if located within already cleared portionn of existing rights-of-way or easements, and necessary to serve, a publicly owned or privately owned central sewer system providing service to urban areas and/or the Rural Transition Water and Sewer District; anti_ Water pumping stations necessary to serve a publicly owned or privately owned central water system providing service to urban areas o,nd/or the Rural Transition Water and Sewer District. '.' ' b~.C. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN COMMERCIAL AND INDUSTRIALLY ZONED DISTRICTS. In commercial and industrially zoned districtm, in addition to the essential service~ identified above in Section 2.6.9.1, othe~ governmental facilities, as defined by this Code, including law enforcement, fire, emergency medical services anti facilities, public park and public library services and facilities, te '&e c. xtent °mc. c.~;n, ......'"';~ i~ -~'~";-~'~ by ' ...... '~ ^' regu!at:cn, shall be conSidered a penTtitted essential service. ~.D. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN TI-II*~ AGRICULTURAL AND ESTATE ZONED DISTRICTS. In the agricultural and estate zoned districts, in addition to the essential services identified above in Section 2.6.9.1.A., the following governmental services and facilities shall be considered permitted essential services: nonresidential not-for-profit child care, nonresidential education facilities, libraries, museums, neighborhood parks, and recreational service facilities. E. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN TI-IE AGRICULTURAL ZONED DISTRICT. In the'agricultural zoned district, in addition to the Essential Services identified above in Section 2.6.9.1.A., safety services, and other government services, necessary_ to promote and protect publle. health, safety and welfare are permitted essential services, limited to the following: law enforcement, fire, and emergency medical services. d,F. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN RESIDENTIALLY ZONED DISTRICTS. In residentially zoned districts, in addition to the essential services identified above in Section 2.9.6.1.A.,? neighborhood parks shall be considered a permitted essential service.? 2.6.9.2.CONDITIONAL USES. The following uses require approval pursuant to. section 2.7.bA_.s conditional uses: a,.A, CONDITIONAL ESSENTIAL SERVICES IN EVERY ZONING TALg532626.5 DISTRICT EXCLUDING THE RFMU DISTRICT SENDING LANDS t-c~e~.oxz ~, n-,c,~ .~n. · a ~-r~e, CON DISTRICTS NRPAS~ AND RLSA DESIGNATED HSAS AND FSAS; In every zoning district, unless otherwise identified as permitted uses, and excluding RFMU District Sending Lands, Ccn:ervat/en zened !-~ndr, C 117 AC~=.NDA ~TEI~ )~ No._ Districts, and NRPAs, the following uses shall be allowed as Conclitionnl Uses: 1_. e_Electric or gas generating plants;; 2_. e_Effluent tank~,; 3, ml~I_ajor re-pump stations sewage treatment plants, including percolation ponds, and water aeration or treatment pl~ts, 4 hH pital dh pi d, · 08 S an OS ces; all $_. g~ovemment facilities, including where uot identified as a permitted use in this section, safety service facilities such as including law enforcement, fire, emergency medical services. CONDITIONAL ESSENTIAL SERVICES IN RFMU SENDING LANDS, N~AS~ ~SA DESIGNATED HSAS ~D FSAS. Wi~in ~ Dis~et Sending r, .... -.'aqzn ....-~ ....... ts CON Districts, and the RFLA Lands, N'RPAs, designated HSAs and FSAs subject to the limitations set forth in 2.2.27.11. B.2 in addition to the essential services identified as allowed Conditional uses in SeCtion 2.6.9.2.A. above, the following additional essential services are allowetl as conditional uses: 1. Sewer lines and lift stations necessary to serve a publicly owned or privately owned central sewer system providing service to urban areas and/or the Rural Transition Water and Sewer District, when not located within already cleared portions of existing rights-of-way or easements; 2. Safety Services limited to law enforcement, fire, and emergency medicnl services. C. ADDITIONAL CONDITIONAL USES IN RESIDENTIAL~ AND ESTATE ZONED DISTRICTS~ AND IN RFMU RECEIVING AND NEUTRAl, LLANDS. In residential, agricultural, and estate zoned district~.' and in R.FMU Receiving and Neutral Lands, in addition to those essential services identified a, conditional uses in Section 2.6.9.2.A., above, the following Essential Servicen shall also be allowed as conditional uses: 1. ~_R_Regional parks and community park~i 2. Public parks and public library facilities~ 3. sSafety service facilities;,; 4. eOther similar facilities, except as otherwise specified herein. 2.6.9.3 ~_-.~.:t:~., ~.~.~:.,~.: ...... t.,:~_. CONDITIONAL USES THAT INCLUDF'. THE INSTALLATION OF STRUCTURES. - A._:. Un~cr thir. :ubzection w~Where structures are involved other than structures supporting lines or cables, such structures shall comply with the regulations fc the district in which they are located, or as may be required on an approved sit TALg$32626.5 1 1 8 AGENDA FEB 1 1..200 development plan under division 3.3. In addition, the structures shall conform insofar as possible to the character of the district in which they are located as to development standards, as well as architecture and landscaping, with utilization of screening and buffering to ensure compatible with the .... ~:~'~,~, ~' nearby existing and future use~, B. Within the RFMU District Sending Lands, NRPAs, Conservation Districts, and the RLSA HSAs and FSAs, structures supporting the conditional use Shall bc located so as to minimize any impacts on native vegetation and on wildlife and wildlife habitat. ,~ ~: n ,~,~ e~,~ .... ~. ............ ;.~ .~,:.a,:~ Essential services shall not be deemed to include the erection of structures for commercial activities such as sales or the collection of bills in districts from which such activities would otherwise be barred. Unstaffed billing services, which are accessory uses to the normal operations of the essential service, may be permitted. TA1.~532626.5 119 AGENDA ITE/Vl No. TAB G ' 2.6.35 CO MMUNICATIONS TOWERS TAL~$32626.5 120 FEEl 11. '200' 2.6.35 COMMUNICATIONS TOWERS. 2.6.35.1 PURPOSE AND INTENT 2.6.35.2 THROUGH 2.6.35.5.8. NO CHANGE. 2.6.35.5.9 MIGRATORY BIRDS AND OTHER WILDLIFE CONSIDERATIONS A. GROUND MOUNTED TOWERS B. BIRD DIVERTER DEVICES C. HABITAT LOSS D. SECURITY LIGHTING 2.6.35.6.12 THROUGH 2.6.35.11. NO CHANGE. 2.6.35.6.12. TOWER LIGHTING A. TOWERS AND ANTENNAS EXCEEDING 150 FEET. B. NEW TOWERS EXCEEDING 199 FEET 2.6.35.6.13 TI-IROUGH 2.6.35.7. NO CHANGE. 2.6.35.8. WIRELESS EMERGENCY TELEPHONE SERVICE 2.6.35.8.1. CO-LOCATED FACILITIES 2.6.35.8.2. NEW TOWERS OR ANTENNAS 2.6.35.8.3 SUFFICIENCY NOTICE 2.6.35.8.4 DEFAULT APPROVAL 2.6.35.8.5 WAIVER 2.6.35. COMMUNICATIONS TOWERS. 2.6.35.1 PURPOSE AND INTENT. This section applies to specified communication towers that support any antenna designed to receive or transmit electromagnetic energy, such as but not limited to telephone, television, radio or microwave transmissions. This section sets standards for construction and facilities siting; is to minimize where applicable adverse visual impacts of towers and antennas through careful design, siting and vegetation screening; to avoid potential damage to adjacent properties from tower failure; to maximize the use of specified new communication towers and thereby to minimize need to construct new towers; to maximize the shared use of specified tower sites to minimize the need for additional tower sites; to lessen impacts new ground mounted towers could have on migratory and other species o f birds; to prevent unnecessary habitat fragmentation and/or disturbance in siting and designing new towers; and to consider the concerns of the Collier Mosquito Control District as to low flying mosquito control aircraft safety. TAL~532626.5 121 2.6.35.2 through 2.6.35.5.8. No change 2.6.35.5.9 MIGRATORY BIRDS AND OTHER YVILDLIFE CONSIDERATIONS. A. GROUND MOUNTED TOWERS. Except to the extent not feasible for the respective new ground mounted tower's intended purpose(s), each new ground mounted tower that will exceed a height of sevenW-five (75) feet (above ground), exclusive of antennas, but will not exceed a height of one hundred and nineW-nine (199) feet above natural grade, exclusive of antennas, should not be guyed. If the applicant proposes that a new ground mounted tower within this height range be guyed, the applicant shall have the burden of proving the necessity of gu'ying thc tower. B. BIRD DIVERTER DEVICES. Each new ground mounted guyed tower installed after January 1, 2004, greater then seventy-five (75} feet in height above natural grade, exclusive of antennas, shall have installed and maintained bird diverter devices on each guy wire (to reduce injuries to flvin~ birds). C. HABITAT LOSS. In addition to the requirements in Division 3.9, towers and other on-site facilities shall be designed, sited, and constructed to minimize habitat loss within the tower footprint. At such sites, road access and fencing, to the extent feasible, shall' be utilized to minimize on-site and adjacent habitat fragmentation and/or disturbances. D. SECURITY LIGHTING. When feasible, securiW lighting to protect on-ground facilities/equipment shall be down-shielded to try to keep such light within the 9utermost geographic boundaries of the tower's footprint. 2.6.35.6.1 through 2.6.35.11. No change 2.6.35.6.12. TOWER LIGHTING. A._: TOWERS AND ANTENNAS EXCEEDING 150 FEET. Towers and antennas with a height greater than 150 feet shall be required to have red beacon or dual mode lights unless exempted in writing by the Collier County Mosquito Control District. Such lights shall meet the then existing Federal Aviation Administration (FAA) technical standards. No other towers or antennas shall be artificially lighted except as required by the FAA, the Federal Communications Commission; or other applicable laws, ordinances or regulations. If the FAA rules require lighting, then the applicant shall comply with such rules. B. NEW TOWERS EXCEEDING 199 FEET. Each new tower that will have a height in excess of one hundred and ninety-nine (199) feet above ground, exclusive of antennas, and such tower shall be lighted no more than is otherwise _required by state and/or federal law, rule, or regulation. Unless otherwise then required by law, rule or regulation, only white lights strobe lights shall be used at ~ght, unless otherwise required by the FAA, in which case red strobe-type lights shall be used. Such lights shall not exceed the minimum number, minimum intensiW, and minimum light flashes per interval of time (requiring the longest allowable duration between light flashes) required by state or federal law, rule. or regulation. Solid red (or pulsating red) warning lights shall not be used at nigh~, nc, r. nr~ ~ I TAIJiI532626.5 122 1:1:'8 1 1'.21 2.6.35.6.13 through 2.6.35.7. No change. 2.6.35.8. WIRELESS EMERGENCY TELEPHONE SERVICE. Notwithstandiny any other provisions of Section 2.6.35, the following provisions shall a~olv tc, communications towers th_at provide wireless emergency telephone service A. These facilities are Essential Services. B. Each applicant for these permits is reqUired .to clearly inform County staffby means of an emboldened "notice" in a cover letter or on the first va~e of th,, _Wsmit avvlication, substantially as follows: This Application is sub/ect to th~ expedited timelines specified in Chapter 365.172, Florida Statutes. C. Applicants for these permits need not provide staffwith evidence that a propos_~! wireless communications facility complies with federal regulations, but staffm,y require gore such applicant vroofofproper FCC licensure, and staff may reque~i the FCC to provide information as to the provider's compliance with federal regulations to the extent then authorized by federal law. The County has no pemiittinu iurisdietion with regard to wireless communications facilities locate-1 (Or to be located) On property owned by the State of Florida, including State owned rights-of-way. 2.6.35.$.1, CO-LOCATED FACILITIES. Provided the then existing zoning- applicable to the proposed site allows E911 facilities without a need to rezone, a need to obtain conditional use approval, or any other required process (such as, los example, having an agreement amended), the County shall grant or deny a properly completed application requesting ~:o-location orE911 Service, or co-location los wireless telephone service, not later then forty-five (45) business days after the d~t.. that a properly completed application is initially submitted to staffin accordance with all applicable permit application requirements in section 2.6.35. Co-location of sucl facilities on a then existing above-ground tower or other above-ground structure .~hali not be subject to the land development regulations pursuant to Section 163.3202, Florida Statutes, provided the height &the then existing tower or structure is thereby increased. Co-location of such antenna, or co-location of related equipmenti shall be subject to applicable building regulations, and with all then existing pc. suit,: or agreements applicable to that tower or to the underlying proverty. NOthing heieln including the for/y-five (45) business days timeline, shall relieve the pcniiit holdc, for, or owner of, the then existing tower or structure fi.om eomplvin~ with applicabl,, pei~iiit requirements, or applicable agreement(s), or with applicable land developmeal regulation (including aesthetic requirement), or compliance with any other thcs applicable law(s). 2.6.35.8.2. NEW TOWERS OR ANTENNAS. The County shall grant or deny application requesting location cfa new wireless telephone service tower, or los location of antenna(s) for wireless telephone servicel not later then ninety (90~ business days after the date that an application that fully complies with th,z, .- requirements &Section 2.6.35 is submitted, provided the then existing zonlnt: applicable to the proposed site allows the E911 facilities without need to rezone, th,, need to apply conditional use approval, or other required procedures. Providex further that nothing herein shall affect permit compliance of such facilities witl~ A~IDA ITEM ' FEB 1 applicable federal .regulations, applicable zoning and/or land development regulations (including aesthetic requirements), or with applicable building regulations. Pursuant to Section 365.172, Florida Statutes. 2.6.35.8.3. SUFFICIENCY NOTICE. Within twenty (20) business days of receiving the permit application for any facility listed above in subsection 2.6.35.8.1 or in 2.6.35.8.2., staff shall in writing notify the permit applicant whether the application is, or is not, properly completed. If such permit applieation is not properly completed, staffshall with specificity notify the applicant of any and all deficiencies, which if cured will thereby render the application being properly eomplet, ed, Staff should also notify the applicant whether the applicable zoning classification allows the aPplied-for use(s) without rezoning, without conditional use approval, or without any other related ancillary approval process or permission. 2.6.35.8.4 DEFAULT APPROVAL. A. An application for E911 service, co-location of wireless telephone service, or new location for wireless telephone service or antennae shall be deemed to have been automatically granted provided that: 1. Such service or facility is allowed in the applicable zoning district without a rezone, without the need to apply for a conditional use, or without the need to apply for some other permit;. 2. the County fails to either' grant or deny the applied-for permit within the time frames set forth in Sections 2.6.35.8.1 or 2.6.35.8.2, as applicablel and 3. the applicant has not agreed to an extension of time, as provided in Section 2.6.35.8.5. B. However, the applied-for permit shall not be deemed granted if final action requires action by the BCC, but such action is prevented due to emergency conditions beyond the County's control. In such instance, the time for final action on the application shall be extended until the next regularly scheduled meeting of the BCC. The permit shall be deemed to be granted if the BCC fails to take final action at that time. 2.6.35.8.5. WAIVER. Extensions of the above-described applicable timelines (deadlines) shall not be effective except to the extent voluntarily agreed to by the permit applicant. Narrow exception: a one-time timeline waiver may be required if there then exists an emergency that directly affects the administration of all of the County's communications tower permitting activities which had been formally declared by the County, by the State of Florida, or by the federal government. TALg532626.5 124 /_5'. TAB H 3.5.11 LITTORAL SHELF PLANTING AREA 125 FEB Ii'. 200~ 3.5.11 Littoral Shelf.Planting Area (LSPA). The propose and intent of a littoral · shelf planting area (LSPA) is to establish a planted area within an excavated lake serving as a wet detention pond as part of a stormwater management system 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 ~ such a 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 LSP^ 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 - ~30 percent. This requirement may be reduced subject to the incentives identified in Section 3.9.5.B.2; b. All other areas -7 percent. 3.5.11.2 through 3.5.11.3 No change 3.5.11.4. EXEMPTIONS. Lake excavations activities which are lawfully permitted and used for aquaculture shall be exempt fi'om the LSPA requirements. Lake excavation activities subject to the Resource Extraction Reclamation Act (Ch. 378, Part IV, Fla. Stat.) shall be exempt from the LSP^ requirements but shall otherwise be required to follow the mine reclamation requirements required in Section 3.5.7.6. Exempted lake excavations that are modified to allow the lake to function as a wet detention pond as part of a stormwater management system shall no longer be exempted from this section and shall meet the standards contained herein at the time of modification. TALtt532626.$ 126 AC.~..NDA IT~ F. E8 ! 1'20i TAB I 2.6.39 TDRS TALg532626.5 127 2.6.39. TRANSFER OF DEVELOPMENT RIGHTS 2.6.39.1 PURPOSE, INTENT, AND APPLICABILITY B. C. 2.6.39.2 PURPOSE INTENT APPLICABILITY TRANSFER OF DEVELOPMENT RIGHTS FROM URBAN AREASTO URBAN ARE~ 2.6.39.3 TDR CREDITS FROM RFMU SENDING LANDS: GENERAL PRovISIONS 2.6.39.4 TRANSER OF DEVELOPMENT RIGHTS FROM RFMU SENDING LANDS TO NON-RFMU RECEIVING AREAS A. TRANSFERS TO URBAN AREAS B. TRANSFERS TO THE URBAN RESIDENTIAL FRINGE 2.6.39.5 TRANSFERS FROM RFMU SENDING LANDS TO RFMU RECEIVING LANDS 2.6.39.6 PROCEDURES APPLICABLE TO THE TRANSFER OF TDR CREDITS FROM RFMU SENDING LANDS A. GENERAL B. COUNTY MAINTAINED CENTRAL TDR REGISTRY 2.6.39.7 PROPORTIONAL UTILIZATION OF TDR CREDITS 2.6.39 TRANSFER OF DEVELOPMENT RIGHTS fi'DR) 2.6.39.1 PURPOSE~ INTENT~ AND APPLICABILITY A. PURPOSE: 1. The primary purpose of the TDR process is to establish an equitable method of protecting and conserving lands determined to have significant environmental value, including large connected wetland systems and significant areas of habitat for listed species; and 2. To provide a viable mechanism for property owners of such environmentally valuable lands to recoup lost value and development potential which may be associated with the application of environmental preservations standards to such lands. .. B. INTENT: These TDR provisions are intended to accomplish the above staterl purpose through an economically viable process of transferring develovme] ~t 128 TAI~532626.5 f _rights fi.om less suitable non-RFMU sending areas and RFlVlU Sending. Lands to more suitable non-RFMU receiving areas and RFMU Receiving Lands. C. APPLICABILITY: These TDR provisions shall be applicable to those areas s~ecifically identified in 2.6.39.2, 2.6.39.3, and 2.6.39.4 below. These TDR provisions shall not be applicable to the an,/transfer of development fights within the RLSA District. ~ 2.6.39.2,TRANSFER OF DEVELOPMENT RIGHTS FROM URBAN AREAS TO URBAN AREAS, An owner of land located within areas designated as urban on the Future Land Use Map, including agriculturally zoned properties, which may or may not be identified with the ST overlay, may elect to transfer some or all of the residential development rights from one parcel of land to another parcel, as an alternative to the development of the sending lands. The lands to which the development rights are to be transferred shall be referred to as receiving lands and those lands from which development rights are transferred shall be referred to as sending lands, as provided herein and shall be located within the urban designated areas of the county 2.2.24.1 !.I.A. The development rights shall be considered as interests in real property and bc transferred in portions or as a total as provided in this section. Once used, the residential development rights shall not be used again and the residential development rights, of the subject lands providing them shall be considered severed forever. 2.2.2~..! !.2. B. The transfer of develoPment rights to be used shall be subject to all.of the requirements of the basic zoning district to which they are transferred unless specifically approved otherwise as provided by law. 2.2.24. ! 1.2. C..~. The minimum area of land eligible for the transfer of development rights shall be equal to the minimum lot size for the sending zone. For the purposes of this section, legal non-conforming lots of record may be eligible to transfer density, with the minimum area of the receiving land equal to the area of the legal non-conforming lot of record, excluding submerged land. ,, -, .,A ~, A D. Upon the approval of the transfer of residential development rights by a super majority vote of the board of county commissioners, the property owner of the sending land shall dedicate in fee simple the land to the county or a state or federal agency; however, the lands may be dedicated in fee simple to a private, not-for-profit conservation or environmental organization in accordance~' with F.S. § 704.06, as amended, with thc approval of the board of county commissioners. 2.2.24. ! !.5. E~ The maximum number of residential units which may be requested for transfer shall be compiled on the basis of the permitted density pursuant to the underlying zoning category of the sending land. 2.2.2'~..!!.6. F_Maximum number of residential units which eligible lands may receive. 1. Lands in all residential zoning districts and residential components of pl unit development zoning districts are eligible to receive resid TAI~532626.5 129 FEB development .units. provided that the maximum number of residential units which may be transferred to the receiving land d°es not exceed ten percent of the maximum number of residential units permitted under the receiving property's basic zoning district. For the purpose of determining the number of residential units which a parcel of land is capable of receiving, the following formulas_ shall apply: a_. RSF-1 through RSF-5 districts, up to and including five units per acre: Units per base density X 10% = .1 to .5 units per acre b_. RMF,6 district, up to and including six units per acre: 6 units X 10% = 0.6 units per acre e_. RMF-12 district, seven to and including 12 units per acre: 12 units X 10% = 1.20 units per acre d--' RMF-16 district: 16 units X 5% -- 0.80 units per acre e_. RT district: 16 units X 5% = 0.80 units per acre 26 units X 5% -- 1.30 units per acre f_. PUD district: Residential tract units X 5% -- permitted units per acre 2. For the purpose of calculating the final fractional residential unit of the total number of residential units eligible for transfer to an eligible parcel of land, the following shall apply: Any fractional residential unit shall be converted upward if one-half or more of a whole unit, or downward if less than one-half ora whole unit, to the nearest whole unit value. ~ G.PROCEDURE FOR OBTAINING TRANSFER OF RESIDENTIAL DEVELOPMENT RIGHTS. Any owner of eligible land may apply for a transfer of development rights either separately or concurrently with rezoning, zoning ordinance amendments, preliminary subdivision plat or development plan. Prior to the approval of any transfer of development rights or the issuance of any building permits in connection with the use of any transfer of development rights, the petitioner shall submit the following information and data, as applicable to the petition, to the development services director for his review and subsequent action by the board of county commissioners. 1. Name and address of property owner of sending land. 2. Name and address &property owner of receiving land. 3. Legal description of sending land fi.om which transfer of development rights is petitioned. TAL~532626.5 130 residential FEB 1l: 4. Survey of sending land from which transfer of residential development rights is requested. 5. Legal description of receiving land which receives the transfer of residential development rights. 6. Survey of the land Which receives the transfer of residential development 7. Three copies of an executed deed of transfer of ownership of the sending property to the county or a state or federal agency; however, the lands may be dedicated in fee simple to a private, not-for-profit con~er(,ation or environmental organization in accordance with F.S. § 704.06, as amended, with the approval of the board of county commissioners in a form approved by the county attorney. 8. The owner of the sending land shall provide a guarantee, agreeable to and approved by ordinance of the board of county commissioners, that the sending land will be utilized only for the purposes of increasing public recreational and/or educational opportunities, creation of linkages between public or private open space, protection of critical habitat/ecosystems, or other public purpose as specified in the ordinance of adoption. Such a guarantee shall be recorded with the clerk of the circuit court of Collier County, Florida as a recorded restriction of the use of such land and shall be binding upon all present and subsequent owners,, heirs, or assigns of such property. Such restrictions may not be amended, deleted, or otherwise altered, except by a majority vote of the board of county commissioners. 2.2.2& ! 3. It._: TIME LIMITATIONS ON BOARD OF COUNTY COMMISSIONERS' APPROVAL OF TRANSFER OF RESIDENTIAL DEVELOPMENT RIGHTS OR AUTHORIZATION TO PROCEED WITH THE PROCESSING OF A BUILDING CONSTRUCTION PERMIT. The board of county commissioners' approval of a transfer of residential development rights or the planning services director's authorization to proceed with the processing of a building or construction permit shall be valid so long as such approval is permitted by law. The failUre to act on the part of the petitioner to exercise the transfer of residential development rights or obtain and exercise an author/zed building or construction permit within the time period provided by law shall automatically terminate such approval and the county shall be held harmless. for any damages arising out of the petitioner's failUre to act TALg532626.5 '~'~ ~.. I_.SEQUENTIAL USE OF RESIDENTIAL UNITS APPROVED FOR TRANSFER BY THE BOARD OF COUNTY COMMISSIONERS. Upon the issuance of any permit for the construction of residential unit(s) upon the receiving land, the first residential units built thereon shall be considered to be the resident/al units approved for IJ'ansfer by the board of county commissioners, and the succeeding residential units constructed shall be considered the resi units permitted under the basic zoning district regulations. 131 AO~..NDA ~ 2.6.39.3 TDR CREDITS FROM RFMU SENDING LANDS: GENERAl, PROVISIONS A. CREATION OF TDR CREDITS. TDR Credits are generated from RFMU Sending Lands at a rate of 1 TDR Credit per 5 acres of RFMU Sending Land or, for those legal non-conforming lots or parcels of less than 5 acres that were in existence as of June 22, 1999, at a rate of 1 TDR Credit per legal non-conforming lot or parcel 2. For lots and Parcels 5 acres or larger, the number of TDR Cred, i.ts generated shall be calculated using the following forlrmla: # of acres x 0.2 = # of TDR Credits generate. Where the number of TDR Credits thus calculated is a fi'actiona! number, the number of TDR Credits created shall be rounded to the nearest 1/100~h B. RECEIPT OF TDR CREDITS FROM RFMU SENDING LANDS. TDR Credits fi.om RFMU Sending Lands may be transferred into Urban Areas, th~ Urban Residential Fringe, and RFMU Receiving l.onds, as provided in Sectior~n 2.6.39.4 and 2.6.39.5. C. PROHIBITION ON TRANSFER OF FRACTIONAL TDRS. While fractional TDR Credits may be created, as provided in A above, TDR Credits may only be transferred from RFMU Sending Lands in increments of whole, not fractional, dwelling units. Consequently, fractional TDR Credits must be, aggregated to form whole units, before they can be utilized to increase density in · either non-RFMU Receiving Areas or RFMU Receiving L_~nds. PROHIBITION ON TRANSFER OF DEVELOPMENT RIGHTS. 1. TDR Credits shall not be transferred from RFMU Sending Lands where a conservation easement or other similar development restriction prohibits the residential development of such property_. 2. TDR Credits shall not be transferred from RFMU Sending Lands that were cleared for agricultural operations after June 19, 2002, for a period of twenty- five (25) years after such clearing occurs. 2.6.39.4 TRANSFER OF DEVELOPMENT RIGHTS FROM RFMU SENDING LANDS TO NON-RFMU RECEIVING AREAS A. TRANSFERS TO URBAN AREAS. 1. Maximum density increase. In order to encourage residential in-fill in urban areas of existing development outside of the Coastal High Hazard Area, a maximum of 3 residential dwelling units per gross acre may be requested through a rezone petition for proiects qualifying under this residential infill provisions of the Future Land Use Element Density Rating System, subject to the applicable provisions of Division 2.7 of this Code, and the follow~{ g conditions.', nc,~a~o~ a.. The project is 20 acres or less in size; ~AI~S~2~2~.S 132 FEB 1' t 200 b. At time.of development, the project will be served by central public w8_Ker and sewer, c. The property in question has a site development plan in common with adjacent vrop~Br, d. There is no common ownership with any adjacent parcels; and e. The parcel in questi°n was not created to take advantage of the in-fill residential density bonus and was created prior to the adoption of tbj.~ provision in the Growth Management Plan on January 10, 1989. f. Of the maximum 3 additional units, one (1) dwelling unit per acre shall be transferred from RFMU Sending Lands at Site Plan or Plat Approval 2. Developments which meet the residential infill conditions (a) through above may increase the base density administratively through a Site Development Plan or Plat approval by a maximum of one dwelling unit per acre by transferring that additional density from RFMU District Sendin~ Lands° TRANSFERS TO THE URBAN RESIDENTIAL FRINGE. TDR Credits may be transferred from RFMU Sending Lands located within one mile of the Urban Boundary into lands designated Urban Residential Fringe at a rate of 1.0 dwelling _units per acre, allowing for a density increase from the existing allowable base densiW of 1.5 dwelling units per acre to 2.5 dwelling unit per gross acre. 2.6.39.5 TRANSFERS FROM RFMU SENDING LANDS TO RFMU RECEMNC. LANDS. A. MAXIMUM DENSITY ON RFMU RECEMNG LANDS WHEN TDR CREDITS ARE TRANSFERRED FROM RFMU SENDING LANDS. 1. The base residential density allowable shall be as provided in Sectionn 2.2.2 ½.2.A.2.a. and 2.2.2 ½.2.B.3.a. 2. The density achievable through the transfer of TDR Credits into RFlVlU Receiving Lands shall be as provided for in Section 2.2.2½.2.A.2.b.(l'} outside of Rural Villages and Section 2.2.2~A.2.B.3.b and c.(1} inside of Rural _Villages. REMAINDER USES AFTER TDR CREDITS ARE TRANSFERREi~ FROM RFMU SENDING LANDS. Where development rights have been transferred from RFMU District Sending Lands, such lands may be retained in private ownership and may be used as set forth in Section 2.2.2½.4.B. 2.6.39.6. PROCEDURES APPLICABLE TO THE TRANSFER OF TDR CRED/TS TALg532626.5 FROM RFMU SENDING LANDS. A. GENERAL. The transfer of TDR Credits from RFMU Sending Lands does not require the approval of the County. However, those developments that utilize, such TDR Credits are subiect to all applicable permitting and requirements of this Code, including but not limited, to those applicabl to development plans, plat approvals, PUDs, and DRIs. B. COUNTY-MAINTAINED CENTRAL TDR REGISTRY. In order to facilitate the County's monitoring and regulation of the TDR Program, the County shall serve as the central registry of all TDR Credit purchases, sales, and ~sfers, as well as a central listing of TDR Credits available for sale ~d pureha.qers seeking TDR Credits. No TDR Credit generated from RFMU Sending Lan&q may be utilized to increase density in any area unless the following procedures are complied with in full, TDR Credits shall not be used to increase density in. either non-RFMI, l Receiving Areas or RFMU Receiving Lands until severed fi.om RFMU Sending Lands. TDR Credits shall be deemed to be severed from RFMU TAL~532626.5 Sending Lands at such time as a TDR Credit Certificate is obtained from the 134 County and recorded. ~, TDR Credit Certificates shall be provided issued only by the County and upon submission of the following: a. a legal description of the property from which the RFMU TDR Credits originated, including the total acreage; b. a title search, or other evidence, establishing that prior to the severance of the TDR Credits from the RFMU Sending Lands, such Sending lands were not subject to a conservation restriction or other development restriction that prohibited residential development; c. a legal instrument, prePared in accord with the form provided by the County, that limits the allowable uses on the property after the severance of TDR Credits as set forth in Section 2.2.2½.4.B; and d. a statement identi _fYing the price, or value of other remuneration, paid to the owner of the RFMU Sending Lands from which the TDR Credits were generated, unless the RFMU or non-RFMU Receiving Lands on which the TDR Credits will be utilized and the RFMU Sending Lands from which the TDR Credits were generated are owned by the same persons or entitie.q or affiliated persons or entities, and establishing that the value of any such remuneration is at least $25,000 per TDR Credit. utilizing TDR Credits may he conditiOnally approved, but no subsequent application for site development plan or subdivision plan within the PUD or L.".nds~ shall be approved until the developer submits the following: a documentation that the developer has acquiredvt".has a all TDR Credits needed for the development; and b. a TDR transaction fee sufficient to defray the expenses of the County in administering the Central TDR Registry. "PT,.. ..... qr.1 ^4" .... .4 .... ! ..... + +h-+ ..,.111 ..+,;1:.~ "r"r~l:) /~..A.:+..,, .,~-,.,.~-- D'~"l/ri'T C~..-.1;.. T ,-,.,,*,t.l~ .1,.11 1. .... ...1,;*,;~..1 .:.it' ,+ +1~ +.:~, ,.,,e ,,,,..,,.1,. ........ .1 +'k.... .4~.,~,1 .... R .... + ..~+ ,,,...-...,:.~.,4 .e,.ll ....... 1..;-- .--.4 ,.-,--..f.,-,-,,1 ,..,.ff : provide documentation of the acquisition of full ownership and control of all TDR Credits needed for the development and to-record of reco~ation of the TDR Credit Certificates for all such TDR Credits prior to the approval of any site development plan, subdivision plat, or other final local development order, other than a PUD or DRI. Each TDR Credit shall have an individual and distinct tracking number, which shall be identified on the TDR Certificate that reflects the severance of the TDR Credit fi.om RFMU Sending Land. The County TDR Registry shall maintain a record of all TDR Credits, to include a designation of those that have been expended. 2.6.39.7 PROPORTIONAL UTILIZATION OF TDR CREDITS. Upon the issuance, of approval of a site development plan or subdivision plat that is part of a PUD or DRI, TDR Credits shall be deemed to be expended at a rate proportional to percentage of the PUD or DRI's approved gross density that is derived through TDR Credits. All PUDs and DRIs utlizing TDR Credits shall require that the rate of TDR Credit consumption be reported through the monitoring provisions of sections 2.7.3.6 and 3.15.7.3.1.2.1 of this Code. TALg532626.5 135 FEB 1 1'200 TAB J 2.6.40 DENSITY BLENDING TAI_g532626.$ 136 2.6.40 DENSITY BLENDING '2.6.40.1 PURPOSE 2.6.40.2 CONDITIONS AND LIMITATIONS A. PROPERTIES STRADDLING RFMU RECEIVING OR NEUTRAL LANDS B. PROPERTIES STRADDLING RFMU SENDING LANDS C. PROPERTIES STRADDLING THE IMMOKALEE URBAN AREA AND THE RLSA DISTRICT 2.6.40. DENSITY BLENDING 2.6.40.1 PURPOSE. In order to encourage unified plans of development and to preserve wetlands, wildlife habitat, and other natural features that exist within properties tha_t. straddle the Future Land Use Urban Mixed Use and Rural Fringe Mixed Use Districto. that were in existence and either owned or under contract for purchase by the applicant as of June 19, 2002, or the Urban and Rural Designation as provided for in the Immokalee Area Master Plan, the allowable gross density in ag~egate (and intensity in the case of those lands identified as eligible in the ImmOkalee Area Master Plan) may be distributed throughout the project, regardless of whether or not the densiW or intensity allowable for a portion of the proiect exceeds that which is otherwise permitted by the Future Land Use Element or Immokalee Area Master Plan as the case may be, subiect to the conditions and limitations set forth in 2.6.40.? 2.6.40.2. CONDITIONS AND LIMrITATIONs. A. PROPERTIES STRADDLING RFMU RECEIVING OR NEUTRAl. LANDS. Density blending between properties straddling either the Urban Residential Subdistrict or Urban Residential Fringe Subdistrict and either Neutral or Receiving Lands within the RFMU District is permitted, subiect to all of the following conditions and limitations: 1. The proiect straddles either the Urban Residential Sub-District or Urban Residential Fringe Sub-District and either the RFMU District Neutral or Receiving Lands. 2. The proiect in a~m'e~ate is at least 80 acres in size. 3. At least 25% of the proiect is located within the Urban Mixed Use District. 4. The entire proiect is located within the Collier County Sewer and Wat~ Distr/ct Boundaries and will utilize central water and sewer to serve thc. proiect unless interim provisions for sewer and water are authorized by Collier County. The proiect is currently zoned or will be rezoned to a PUD. Density to be shifted to the RFMU District fi.om the Urban Residential St District is to be located on impacted lands, or the development on the sit{ TALg532626.5 137 b no._ " is tc 'l ..i..2oo TAL~532626.$ be located so as to preserve and protect the highest quality native vegetation and/or habitat on-site and to maximize the connectivity of such native vegetation and/or habitat with adjacent preservation and/or habitat areas. 7. The entire proiect shall meet the applicable preservation standards of the RFMU District as set forth in Section 3.9.4.3.A. These preservation requirements shall be calculated based uvon, and apol¥ to, the total project PROPERTIES STRADDLING RFMU SENDING LANDS, Density blending between properties straddling the Urban Residential Fringe Subdistrict and Sending Lands in the RFMU District is permitted subject to all of the following conditions and limitations: . The proiect straddles the Urban Residential Fringe Sub-District and the RFMU District Sending Lands. 2. The project in aggregate is at least 400 acres. 3. At least 25% of the project is located within the Urban Residential Fringe Sub-District. 4. The project must extend central water and sewer (fi.om the urban designated portion of the project) to serve the entire project, unless alternative interim sewer and water provisions are authorized by Collier County; and 5. The Project is currently zoned or will be zoned PUD. 6. The density to be shifted to the RFMU District Sending Lands shall be located on impacted or disturbed lands, or shall be located so as to preserve and protect the highest quality native vegetation and/or habitat with adjacent preservation and/or habitat areas. 7. Native vegetation shall be preserved as follows: a. As identified in Section 3.9.4 in those portions of the Proiect to be located in the Urban Residential Fringe Subdistriet. b. In those portions of the Project to be located in the RFMU District Sending Lands, the native vegetation preservation requirement shall be 90% of the native vegetation, not to exceed 60% of the area of the Project designated as RFMU District Sending Lands. c. Where wetland areas are impacted through the development process, but resulting 'wetlands functions, including functions relating to habitat and flowways, are enhanced, such wetland areas shall be credited toward satisfaction of the native vegetation preservation requirements and shall not be considered impacted. These wetland areas may be used for water storage provided that the water discharged in these areas is pre-treated. Permitted uses for density blending under this provision include residential _development and associated amenities, including golf courses meetinl~ criteria for golf courses within the Neutral area. This provision is 138 tile not ~. AC-~4DA IT~ FEB 1 1.'.2[ intended to eliminate any uses permitted within the applicable underlying zoning district(s). C. PROPERTIES STRADDLING THE IMMOKALEE URBAN AREA AND THE RLSA DISTRICT. Density and Intensity Blending between properties straddling the Immokalee Urban Area and the RLSA District shall be permitted. subject to all of the following conditions and limitations: 1. The project in aggregate must be a minimum of 200 acres in size. 2. The lands from which density and/or blending are shifted must be within the Immokalee Urban Area must be designated Recreational/Tourist District. 3. The lands within the Immokalee Urban Area from which density and/or intensity are shifted must have a FLUCCS Code designation of Group 1 or Group 2 and an Index Value of greater than 1.2, both as indicated on the Natural Resource Index. Density and/or intensity may only be shifted fi.om the lands within the Immokalee Urban Area containing the Index Value (as measured above), on an acre per acre basis, to lands within an SPA having an Index Value of 1.2 or less. 5. Lands from which the densiW and/or intensity has been shifted, shall be placed in a conservation easement in perpetuity. TAL~532626.5 139 AC~?.,NDA Fi'~=.M TAB K 3.8 ENVIRONMENTAL IMPACT STATEMENTS TAI. g532626.5 140 DIVISION 3.8. ENVIRONMENTAL IMPACT STATEMENTS (ELS)* 3.8.1 TITLE AND CITATION 3.8.2. PURPOSE 3.8.3 APPLICABILITY 3.8.4 SUBMISSION AND REVIEW OF ELS 3.8.5 INFORMATION KEQUIRED FOP. APPLICATION 3.8.5.1APPLICANT INFORMATION 3.8.5.2 MAPPING AND SUPPORT GRAPHICS 3.8.5.3 PROJECT DESCRIPTION AND CONSISTENCY DETERMINATION 3.8.5.4 NATIVE VEGETATION PKESERVATION 3.8.5.5 WETLANDS 3.8.5.6 SURFACE AND GROUND WATER MANAGEMENT 3.8.5.7 LISTED SPECIES · 3.8.5.8 OTHER 3.8.6 ADDITIONAL DATA 3.8.7 RELATION BETWEEN EIS AND DRI 3.8.8 EXEMPTIONS , 3.8.8.1 SINGLE FAMILY OR DUPLEX USES 3.8.8.2 AGRICULTURAL USES 3.8,8'.3 NON-SENSITIVE AREAS 3.8.8.4 AREAS WITHIN INCORPORATED MUNICIPALITIES 3.8.8.5 NBMO RECE/VING LANDS 3.8.9 FEES 3.8.10 APpEALs Division 3.8 ENVIRONMENTAL IMPACT STATEMENTS (Els) 3.8.1 No change. .. 3.8.2. PURPOSE. 3.8.2.1. The purpose of this division 'is to provide a method to objectively evaluate the impact of a proposed development, site alteration, or project upon the resources and environmental quality of the project area and the community and to insur, r~atAc, ooA ilr.~ planning and zoning decisions are made with a complete understanding of thc :~paq~ TA1.~532626.5 141 FEB' of such decisions upon the environment, to encourage projects and developments that will: ~.A.._~.Protect, conserve and enhance, but not degrade, the environmental quality and resources of the particular project or development site,· the general area and the greater community. ~..B._~.Minimize the future reduction in property values likely to result, or be caused by improperly designed and executed projects and developments. ~4~..~. Reduce the necessity for expenditure of public funds in the future for rehabilitating the environmental quality of areas of environmental se6.~itivity. 3.8.2.2. Further, it is the purpose of this division to attain the widest range of beneficial uses of the environment without degradation of environmental advantages and risk to public health, safety, welfare and other undesirable consequences. 3.8.2.3. It is also the purpose of this division to optimize a balance between population and resource use to permit high standards of living and a wide sharing of resources and amenities among all citizens and residents of and visitors to Collier County during the present and future generations. 3.8.3. APPLICABILITY; ENVIRONMENTAL IMPACT STATEMENT (EIS) REQUIRED. Without first obtaining approval of an EIS, or exemption pursuant to section 3.8.98, as required by this Code it shall be unlawful and no building permit, conditional use, zoning change, subdivision or condominium plat or unplatted subdivision approval or other county permit or approval of or for development or site alteration shall be issued to cause the development of or site alteration of: 3.8.3.1. Any site with a ST or ACSC-ST overlay. 3.8.3...2. All sites seaward of the coastal management boundary that are 2.5 or more acres. 3.8.3.3. All sites landward of the coastal management boundary that are ten or more acres. 3.8.3.4. Sites where a prior EIS was prepared and approved for the same area of land aniq where the following exist: a. Greater impacts to preserve ares or changes inlocation to preserve areas are, proposed; b. Greater impacts to iurisdicfional wetlands or listed species habitats are proposed; c. New listed species have been identified on site; or d. A previous EIS is more than 5 'fears old or prepared prior to January 2004. 3.8.3.4~_5Any other development or site alteration which in the opinion of the development services director, would have substantial impact upon environmental quality and which is not specifically exempted in this Code. In determining v h~ther such a project would have substantial environmental impact the development s :rvice~c-'~,~ rrr.~ director shall base his decision on the terms and conditions described in this on the project's consistency with the growth management plan. TA~32626.~ 142 n._ /7,0 3.8.3.6. For sites where submission or resubmission of an ElS is not required pursuant to the above, plant and animal species surveys shall be required in accordance with the guidelines and time frames established in Division 3.11 of this Code, and in accordance with the recommendations and guidelines of the Florida Fish and Wildlife Conservation Commission and the U.S. Fish and Wildlife Service. 3.8.4. SUBMISSION AND REVIEW OF ElS. A completed EIS, :'.'~::A ,...,.; ,t..~., prcpe."t.y ........ *.:- a-~:~---'-" .... ' in written and digital format, shall be submitted to development services director for approval, denial or appr6val with modifications. No development or site alteration will be started without this approval and permits required by law. Failure to provide full and complete information shall be grounds for denial of.the application. The author(s) of the EIS shall provide evidence, by academic credentials or experience, of his/her expertise in the area of environmental sciences or natural resource management. Academic credentials shall be a bachelor's or higher degree in one of the biological sciences. Experience shall reflect at least three years, two years of which shall be in the State of Florida, of ecological or biological professional experience if substituting for academic credentials. SEC. 3.8.5. INFORMATION REQUIRED FOR APPLICATION. TALg532626.5 143 FEB 1 n. I7/ .d. TAL.'Y532626.5 144 +~ AGENDA ITE~ FEB 1 1.."'~ ~,~ /7/. grass .~.~.,, ....... ~ ........... ,; areas and their marine and estuarine fimcfiom. TAL#532626.5 145 · .FEB 1 1 Pg._ /. lost ~cdom. 7. C. fi~g])'cic of on-site ~ea~ent s~te~ relative to s~te ~d co~ s~. TAD~$326265 146 FEB 1 Jl,20O~ .~. / 7~/ 3.8.5.1 APPLICANT INFORMATION. TAL#532626.5 147 AC~=M)A I~ No. 3.8.5.2 A. Responsible person who wrote the ElS and his/her education and job relat~ environmental experience. Owner(s)/agent(s) name, address, phone number & e-mail address. MAPPING AND SUPPORT GRAPHICS. A. General location map. B. Native habitats and their boundaries identified on an aerial photograph of the site extending at least 200 feet outside the parcel boundary. This does not mean the applicant is required to go on to adjoining properties. Habitat .identification consistent with the Florida Department of Transportation Florida Land Use Cover and Forms Classification System (FLUCFCS)' shall be depicted on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the County. Other scale aerials may be used where appropriate for the size of the prelect, provided the photograph and overlays are legible at the scale provided. A legend for each of the FLUCFCS categories found on-site shall be included on the aerial. Topographic map, and existing drainage patterns if applicable. Where possible, elevations within each of FLUCFCS categories shall be provided. Soils map at scale consistent with that used for the Florida Department of Transportation Florida Land Use Cover and Forms Classification System 3.8.5.3 determinations. E. Proposed drainage plan indicating basic flow patterns, outfall and off-site drainage. F. Development plan including phasing program, service area of existing and proposed public facilities, and existing and proposed transportation network in the impact area. G. Site plan showing preserves on-site, and how they align with preserves on adjoining and neighboring properties. Include on the plan locations of proposed and existing development, roads, and areas for stormwater retention, as shown on approved master plans for these sites, as well as public owned conservation lands, conservation acquisition areas, major flowways and potential wildlife corridors. H. For properties in the RLSA or RFMU Districts, a site plan showing the location of the site, and land use designations and overlays as identified in the Growth Management Plan. PROJECT DESCRIPTION AND GMP CONSISTENCY DETERMINATION. A. Provide an overall description of the project with resp~t to environmental and _water management issues. Explain how the project is consistent with each of the Obiectives and Pol the Conservation and Coastal Management Element of the Growth Maria Plan, where applicable. TAI~532626.5 148 cies in emefl~..~A FEB 1 1 n. / 3.8.5.4 NATIVE VEGETATION PRESERVATION. A. Identify the acreage and community type of all upland and wetland habitats found on the project site, according to the Florida Land Use Cover and Formn Classification System (FLUCFCS), Provide a description of each of the FLUCFCS categories identified on-site by vegetation type (species), vegetation composition (canopy, midstory and ground cover) and vegetation dominance (dominant, common and occasional). B. Explain how the proiect meets or exceeds the native vegetation preservati°n requirement in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan, and Division 3.9 of the Land Development Code. Provide an exhibit illustrating such. Include calculations identifying the acreage for preservation and impact, per' FLUCFCS category_. C. For sites already cleared and in agricultural use, provide documentation that the parcel(s) are in compliance with the 25 year rezone limitation in Policy 6.1.5 of 'the Conservation and Coastal Management Element of the Growth Management Plan and Division 3.9 of the Land Development Code. For sites cleared prior to January 2003, provide documentation that the parcel(s) are in compliance with the 10 year rezone limitation previously identified in the Growth Management Plan and Land Development Code. D. Have preserves or acreage requirements for preservation previously been identified for the site during previous development order approvals? If so, identif-g the location and acreage of these preserves, and provide an explanation if they are different from what is proposed. E. For properties with Special Treatment "ST" oVerlays, show the ST overlay on the development plan and provided an explanation as to why these areas are being impacted or preserved. 3.8.5.5 WETLANDS. A. Define the number of acres of Collier County jurisdictional wetlands (pursuant tn Policy 6.2.1 and 6.2.2 of the Conservation and Coastal Management Element of the Growth Management Plan) according to the Florida Land Use Cover and Forms Classification System (FLUCFCS). Include a description of each of the FLUCFCS categories identified on-site by vegetation type (species), vegetation composition (canopy, midstorg and ground cover} and vegetation dominance (dominant, common and occasional). Wetland determinations are required to be verified by the South Florida Water Management District or Florida Department of Environmental Protection, prior to submission to the CountY. B. Determine seasonal and historic high water levels utilizing lich~ lines or other biological indicators. Indicate how the project design improves/afl, ts ~ Provide a narrative addressing the anticipated control elevation(s} for the sitei C. Indicate the proposed percent of defined wetlands to be impacted and the cf: of proposed impacts on the functions of these wetlands. Provide an ex'. TALg532626~5 149 AGENDA 171 showing the location of wetlands to be impacted and those to be preserved on-site. : .... +~ +c .... +~ ~' .... :~:~o Describe how impacts to Hcw have .... ~, .................................. wetlands have been minimized. Indicate how the pr°iect design compensates for wetland impacts pursuant to the Policies and Obiectives in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan. For sites in the R_b'3dU District, provide an assessment, based on the South Florida Water Management District's Uniform Mitigation Assessment Method , that has been accepted bY' either the South Florida Water Management District or the Florida Department of En~iromental Protection. For sites outside the R334U District, and where higher qualiW wetlands are being retained on-site, provide justification based on the Uniform Mitigation Assessment Method. TAL~532626.5 150 FE3 'l'l.:200z! 3.8.5.6 SURFACE AND GROUND WATER MANAGEMEI~'T. A. Provide an overall description of the proposed water management swtem 'explaining how it works, the basis of design, historical drainage flows, off-site flows coming in to the system and how they will be incorporated in the system or passed around the system, positive outfall availability, Wet Season Water Table and Dry Season Water Table, and how they were determined, and any other pertinent information pertaining to the control of storm and ground water. B. Provide an analysis of potential water quality impacts of the project by evaluating _water quality'loadings expected fi.om the proiect (post development conditions considering the proposed ~. land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre- development conditions. This analysis is required for projects impacting five {5) or more acres of wetlands. The analysis shall be performed using methodologies approved by Federal and State water quality agencies. C. ' Identify any Wellfield Risk Management Special Treatment Overlay Zones (WRM-ST) within the proiect area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM-STs. Describe the measures that are proposed to mitigate for impact to state and federally listed species. 3.8.5.7 LISTED SPECIES A. Provide a plant and animal species survey to include at a minimum, listed species known to inhabit biological communities similar to those existing on-site, and conducted in accordance with the guidelines of the Florida Fish and Wildlife Conservation Commission and the U.S.:Fish and Wildlife Service. State actual survey times and dates, and provide a map showing the location(s) of species of ~ecial status identified on-site. Identify all listed .species that are known to inhabit biological communities similar to those existing on the site or that have been directly observed on the site. Indicate how the proiect design minimizes impacts to species of special status. spec, ies¢. Describe the measures that are oror~osed as mitigation for immcts to listed sr~ecies. Provide habitat management plans for each of the listed species known to occur on the property. For sites with bald eagle nests and/or nest protection zones, bald eagle management plans are required, copies of which shall be included as exhibits attached to the PUD documents, where applicable. Where applicable, include correspondence received from the FlOrida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service CUSFWS), with regards to the project. Explain how the concerns of these agencies have been met. AOENDA ITEM No. FEB 1 1"200 151 n.. Ir9 Do Eo TALg532626.5 3.8.5.8 OTHER. A. For multi-slip docking facilities with ten slips or more, and for all ma_ri~ facilities, show how the proiect is consistent with the Marina Siting and oth~- criteria in the Manatee Protection Plan. B. Include the results of any environmental assessments and/or audits of thc. property. If applicable, provide a narrative of the cost and measures needed t_c. clean up the site. C. For sites located in the Big Cypress Area of Critical State Concem-Speci,~ Treatment (ACSC-ST) overlay district, show how the proieet is consistent with the development standards and regulations established for the Acsc-sT. 'D. Soft sarnpling or ground water monitoring reports and prOgrams shall be required, for sites that occupy old farm fields, old golf courses or are suspected of previously having contamination on site. The mount of sampling and testin[- shall be determined by the Environmental Services staff along with the Pollution Control Department and the Florida Department of Environmental Protection E. Provide documentatiOn from the Florida MaSter Site File, Florida Department of State and any printed historic archaeological surveys that have been conducted on the proiect area. Locate any known historic or archaeological sites and their relationships to the proposed proiect design. Demonstrate how the proiect desi?_ preserves the historic/archaeOlogical integrity of the site 3.8.6 ADDITIONAL DATA. The Development Services Director may require additional data or information necessary in' order to make a thorough and complete evaluation of the EIS and proiect. 3.8.& 7..: RELATION BETWEEN EIS AND DEVELOPMENT OF REGIONAL IMPACT (DRI). In any instance where the proposed project requires both an EIS and a DR/, their data may be embodied in one report provided such report includes all the required information on both the EIS and DR/. 3.8.~ 8..~. EXEMPTIONS. 2.$.9.!. 3.8.8.1. Single-family or duplex uses. Single-family or duplex use on a single' lot or parcel. Exemption shall not apply to any parcel with a ST or ACSC-ST overlay, unless otherwise exempted by section 2.2.24.8 of this Code. ~ o ,~ ~ ~ 3 8 8 2 Agr/ ltural Bolm-fad~aA_.gri ltural uses .............. CU uses. CU vv · ~ that fall within the scope of sections 163.3214(4) or 823.14(6), Florid~ Statutes.~ provided that the subject property will not be converted to a nonagricultural use or considered for any type of rezoning petition for a period of t~a twenty-five years after the agricultural uses commence and prOvided that the subject property does not fall within an ACSC or ST zoning overlay. FEI 1' i.':200t TAL~532626.$ TAI.~532626.5 3.g.9.2. 3.8.8.3 Non-sensitive Areas. Any area or parcel of land which is not, in the opinion of the development services director, an area of environmental sensitivity, subject to the criteria set forth below, provided that the subject property does not fall within an ACSC or ST zoning_ overlay: PH^-v. '~.,. -----.--=,-"~ ...... ~.......u ." finding, ~: 3.$.9.2.!. ^_.: Thc subject property has already bccn altered tl~ough past usage, prior to thc adoption of this Code, in such a mariner that the proposed use will not fiu~her degrade thc environmenl~l quality of thc site or thc surrounding areas which might be affected by thc proposed use. 3.$.9.?.Z B_: The major flora and fauna £eatums have been altered or removed to such an extent as to preclude thch' reasonable rc§cneration or useful ecological purpose. An example would bc in thc case o£ an indus~al park or a commercial development where most of thc flora and fauna were TcmoYed prior to thc passage of this Code. 3.8.9.2.3. C._: The surface and/or natural drainage or recharge capacity of the project site has been paved or channeled, or otherwise altered or improved prior to the adoption of this Code, and will not be further degraded as a result of the proposed use or development. 3.8.9.2.~.. D_.~. The use and/or development of the subject property will definitely improve and correct ecological deficiencies which resulted from use and/or development which took place prior to the passage of this Code. An example would be where the developer proposes to reforest the area, provide additional open space, replace natural drainage for channeled drainage, and/or reduce density. ~ E. The use or development will utilize existing buildings and structures and will not require any major alteration or modification of the existing land forms, drainage, or flora and fauna elements of the property. 3,~,9.3.3.8.8.4. All lands lying within all incorporated municipalities in Collier County. 3.8.8.5 All NBMO Receiving Lands. 3.8 .... 9. FEES. In order to implement, maintain and enforce this Code, the cost upon submission of the environmental impact statement shall be as established by resolution. Until this fee has been paid in full no action of any type shall be taken. ^._.: Any person aggrieved by the decision of the development services director regarding any section of this Code may file a written request for appeal, not later than ten days after said decision, with the environmental advisory boar( or ~a ~T~ successor organization. No.. FEB 1 B..~. The environmental advisory board will notify the aggrieved person, and the development services director of the date, time and place that Such appeal shall be heard; such notification will be given 21 days prior to the hearing unless all parties waive this requirement. C_.:. The appeal will be heard by the environmental advisory board within 60 days of the submission of the appeal. D...~. Ten days prior to the hearing the aggrieved person shall submit to the environmental advisory board and to the development services director copies of the data and information he intends to use in his appeal. , ' E._~. Upon conclusion of the hearing the environmental advisory board will submit to the board of county commissioners their facts, findings and recommendations. F_.:. The board of county commissioners, in regular session, will make the final decision to affirm, overrule or modify the decision of the development services director in light of the recommendations oft he environmental advisory board. TAI.~532626.5 154 TAB L 3.9 VEGETATION REMOVAL, ETC TAI. g532626.5 155 FEB 1 1,~ 7.SS,] 173 3.9. 3.9.1 3.9.2 3.9.3 VEGETATION REMOVAL, PROTECTION AND PRESERVATION TITLE AND CITATION PURPOSE APPLICABILITY 3.9.3.1 EXEMPTIONS AND EXCEPTIONS A. NBMO EXEMPTION B. SEMINOLE AND MICCOSUKEE TRIBE EXCEPTION C. · AGRICULTURAL EXEMPTION D. PRE-EXISTING USES· E. EXEMPT MANGROVE ALTERATION PROJECTS 3.9.4. VEGETATION PRESERVATION STANDARDS 3.9.4.1 GENERAL STANDARDS AND CRITERIA 3.9.4.2 SPECIFIC STANDARDs APPLICABLE OUTSIDE THE RFMU AND RLSA DISTRICTS A. REQUIRED PRESERVATION B. EXCEPTIONS 3.9.4.3 SPECIFIC STANDARDS FOR THE RFMU DISTRICT A. RFMU RECEIVING LANDS OUTSIDE THE NBMO B. NEUTKAL LANDS C. RFMU SENDING LANDS E. EXCEPTIONS 1. NONCONFOKMING, PRE-EXISTING PARCELS 2. SPECIFIC COUNTY-OWNED LAND 3. DISCRETIONARY EXCEPTION FOR ESSENTIAL PUBLIC SERVICES 3.9.4.4 SPECIFIC STANDARDS FOR Ri,SA DISTRICT 3.9.4.5 DENSITY BONUS INCENTIVES 3.9.5 WETLAND PRESERVATION AND CONSERVATION. 3.9.5.1 PURPOSE 3.9.5.2 URBAN LANDS 3.9.5.3 RFM'U DISTRICT A. STANDARDS TAI~532626.5 156 FEB 1 1(200 B. MITIGATION 1. MITIGATION REQUIREMENTS 2. MITIGATION INCENTIVES 3.9.5.4 ESTATES, RURAL-SETTLEMENT AREAS, AND ACSC 3.9.5.5 RI, SA DISTRICT 3.9.5.6 SUBMERGED MARINE HABITATS 3.9.6 NATURAL RESERVATION PROTECTION AND CONSERVATION 3.9.6.1 pURPosE AND APPLICABILITY 3.9.6.2 REVIEW PROCESS 3.9.6.3 RFMU DISTRICT REQUIREMENTS A. OPEN SPACE B. OPEN SPACE AS BUFFERS C. CONTIGUOUS NATIVE VEGETATION D. WILDLIFE COKRIDORS 3.9.7 PRESERVE STANDARDs .. 3.9.7.1 DESIGN STANDARDS A. IDENTIFICATION B. MINIMUM DIMENSIONS C. PROTECTION OF WETLAND HYDROPERIODS D. PROTECTIVE COVENANTS E. CREATED PRESERVES 1. APPLICABILITY 2. REQUIRED PLANTING CRITERIA F. ALLOWABLE SUPPLEMENTAL PLANTINGS G. PRESERVE MANAGEMENT PLANS · 2. GENERAL MAINTENANCE EXOTIC VEGETATION REMOVA, NON-NATIVE VEGETATION AND NUISANCE OR INVASIVE PLANT CONTROL DESIGNATION OF A PRESERVE MANAGER WILDLIFE HABITAT MANAGEMENT TAL~$32626.5 15 7 5. PROTECTION DURING CONSTRUCTION AND SIGNAGE AFrER CONSTRUCTION H. ALLOWABLE USES WITHIN PRESERVE AREAS 3.9.7.2 INSPECTIONS AND MAINTENANCE 3.9.7.3 REQUIRED SETBACKS TO PRESERVES 3.9.7.4 EXEMPTIONS 3.9.8 VEGETATION PROTECTION AND REMOVAL STANDARDS 3.9.8.1 VEGETATION PROTECTION STANDARDS A. GENERAL B. FILLING AND CONSTRUCTION DEBRIS C. ATrACHIVIENTS D. EXCAVATION E. PROTECTIVE BARRIERS 1. INSTALLATION OF PROTECTIVE BARRIERS 2. APPLICANT'S REPRESENTATIVE REQUIRED 3.9.8.2. CRITERIA FOR REMOVAL AND/OR PLACEMENT OF PROTECTED VEGETATION A. STANDARDS B. VEGETATION RELOCATION PLAN C. LANDSCAPE PLANT REMOVAL OR REPLACEMENT 3.9.8.3.MANAGEMENT PLAN AND INSPECTIONS 3.9.9. 3.9.9.1 .GENERAL 3.9.9.2.EXOTIC VEGETATION MAINTENANCE PLAN 3.9.9.3.APPLICABILITY TO NEW STRUCTURES AND TO ADDITIONS TO SINGLE-FAMILY AND TWO-FAMILY LOTS 3.9.10. REQUIRED PERMITS AND NOTICES 3.9.10.1. VEGETATION REMOVAL PERMIT A. OTHER PERMITS REQUIRED B. APPLICATION CONTENTS C. REVIEW PROCEDURES A. MANAGEMENT PLAN REQUIRED B. ON-SITE INSPECTIONS REQUIREMENT FOR REMOVAL OF PROHIBITED EXOTIC VEGETATION TALg532626.5 15 8 AGENDA rr~ No. 1. ISSUANCE OF PERMIT 2. DENIAL OF PERMIT 3. PERMIT FEES D. VEGETATION REMOVAL PERMIT EXCEPTIONS 3.9.10.2.AGRICULTURAL LAND CLEARING A. LAND CLEARING PERMIT 1. APPLICATION 2. DETERMINATION OF COMPLETENESS 3. CRITERIA FOR REVIEW OF APPLICATION 4. ISSUANCE OF PERMIT 5. RENEWAL OF AGRICULTURAL CLEARING PERMIT 6. EXEMPTIONS FOR AGRICULTURAL CLEARING PERMIT B. LAND CLEARING NOTICE 3.9.11. ENFORCEMENT 3.9.11.1 PENALTIES A. FINES B. RESTORATION STANDARDs 3.9.11.2 CORRECTIVE MEASURES FOR ENVIRONMENTAL VIOLATIONS A. MITIGATION B. REQUIREMENTS FOR A MITIGATION PLAN C. SITE-SPECiFIC REVIEW CRITERIA D. COUNTY REVIEW OF MITIGATION PLAN E. MONITORING AND REPLANTING F. DONATION OF LAND OR FUNDS 3.9.12 APPEAL OF ENFORCEMENT 3.9.13 SUSPENSION OF PERMIT REQUIREMENT TAI.//532626.5 3.9.1. TITLE AND CITATION. This division shall be known and may be cited as the "Collier County Vegetation Removal, Protection and Preservation Regulations." 3.9.2. PURPOSE. The purpose of this division is the protection of vegetation within Collier County by regulating its removal; to assist in the control of flooding, s°il erosion, dust, heat, air pollution and noise and to maintain property, aesthetic and health values within Collier County; to limit the use of irrigation water in opt I' °~"~c-t~o~, areas by promoting the preservation of existing plant communities. To lJ nit ~[e 59 FEB removal of existing viable vegetation'in advance of the approval of land development plans; to limit the removal of existing viable vegetation when no landscape plan has been prepared for the site. It is not the intent of this division to restrict the mowing of nonprotected vegetation in order to meet the requirements of other sections of this Code. 3.9.3. APPLICABILITY. It shall be unlawful for any individual, firm, association, joint venture, partnership, estate, trust, syndicate, fiduciary, corporation, group or unit of federal, state, county or municipal government to remove, or otherwise destroy, vegetation, which includes placing of additional fill, without first obtaining a vegetation removal or vegetation removal and fill permit from the ~development services director except as hereinafter exempted. 3.9.3.1. EXEMPTIONS AND EXCEPTIONS. A. NBMO EXEMPTION. Development in N'BMO Receiving Lands are exempt from the provisions of this Division. B.a. SEMINOLE AND MICCOSUKEE TRIBE EXCEPTION. F~x-~p~ha~-i_In accordance with F.S.. § 581.187, vegetation removal permits shall not be required for members of either the Seminole Tribe of Florida or the Miccosukee Tribe of Florida Indians, subject to the following conditions. Said permit exemption shall be for the sole purpose of harvesting select vegetation, including but not limited to palm fronds and cypress, for use in chickee hut construction, or for cultural or religious purposes, and tribal member identification and written permission from the property owner must be in possession at the time of vegetation removal. This exemption shall not apply to general land clearing, or to agricultural land clearing, including silviculture. C. AGRICULTURAL EXEMPTION. AgricUltural operations that fall within the scope of sections 163.3162(4) and 823.14(6), Florida Statutes, are exempt from the provisions of 3.9.3 through 3.9.9, provided that any new clearing of land for agriculture outside of the RLSA District shall not be converted to non-agricultural development for 25 years, unless the applicable provisions set forth in Sections 3.9.4.. through and 3.9.6. are adhered to at the time of the conversion. The percentage of native vegetation preserved shall be calculated on the amount of vegetation occurring at the time of the agricultural clearing, and if found to be deficient, a native plant community shall be restored to re-create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larger. plant mater/als so as to more quickly re-create the lost mature vegetation. D. PRE-EXISTING USES. EXemptions from the requirements of Section 3.9.5 through 3.9.9 shall not apply to, affect or limit the continuation of uses within the RFMUD which existed existing prior to June 19, 2002. 1. Such existing uses shall include: those uses for which all required permit.~ were issued prior to June 19 2002; or projects for which a Conditional use or Rezone petition has been approved by the County prior to June 19, 2002; or, land use petitions for which a completed application has been submitted md AGF_.NOA IrF. Ja which have been determined to be vested from the requirements of the F aal no. ~ 160 FEB 11, 200 TALg532626.5 Order prior to June 19, 2002. The continuation of existing uses shall include expansiOns of those uses if such expansions are consistent with or clearly ' ancillary to the existing uses. 2. Such previously approved developments shall be deemed to be consistent with the GMP Goals, Policies and Obiectives for the RFMU District, and they ma~, be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed to be' consistent with the GMP Goals, Obiectives and Policies for the RFMU District as long as they do not result in an increase in deVelopment densi~ or intensi~. E. EXEMPT MANGROVE ALTERATION PROJECTS. Man,,m'ove alteration proiects that are exempted from Florida Department of Environmental Protection permit requirements by Florida Administrative Code 17-321.060 are exempt from preservation standards for the mangrove trees, unless they are a part of a preserve_ This exemption shall not apply to mangrove alterations or removal in any preserve, or in any area where the mangroves have been retained in satisfaction of Section 3.9.4. The Collier Counts' Environmental ^dvisorg Council (EAC) mag grant a variance to the provisions of this section if compliance with the mangrove tree preservation standards of this Division would impose a unique and urmecessarg hardship on the owner or any other person in control of affected property. Mangrove trimming or removal for a view shall not be considered a hardship. Relief shall be granted only upon demonstration by the landowner or affected party that such hardship is peculiar, to the affected property and not self-imposed, and that the grant of a variance will be consistent with the intent of this division and the growth management plan. TAI~532626.5 162 FE8'I ~.~ Ig~ 3.9.4. VEGETATION PRESERVATION STANDARDS. All development not specifically exempted by this ordinance shall incorporate, at a minimum, thc preservation standards contained within this section 3.9.4.1. GENERAL STANDARDS AND CR/TERI3- A. The preservation' of native vegetation shall include canopy, under-story and ground cover emphasizing the largest contiguous area possible, except otherwise provided in Section 3.9.7.1.E B. Areas that fulfil/the native vegetation retention standards and criteria ofthin Section shall be set aside as preserve areas, subiect to the requirements of Section 3.9.7. Single family residences are exempt from the requirements of Section 3.9.7. C. Preserve areas shall be selected in such manner as to preserve the following, in descending order ofpr/oriW, except to the extent that preservation is mandatory in Sections 3.9.5.3.A and 3.9.6.3.C: 1. Onsite wetlands having an assessed functionality of 0.65 or greater' 2. Areas known to be utilized by listed species or that serve as corridors for the movement of wildlife; 3. Any upland habitat that serves as a buffer to a wetland area. T^L~532626.5 163 AGEt~A FEB 1 1:'2004 lq/ 4. Listed plant and animal species habitats, 5. Xeric Scrub, 7. Dune and Strand, Hardwood Hammock~ 8. Dry Prairie, Pine Flatwoods, and 9. All other upland habitats. 10. Existing native vegetation located contiguous to a natural reservation D. Preservation areas shall be interconnected within the site and to adjoi,n, ing preservation areas or wildlife corridors. E. To the greatest extent possible, native vegetation, in quantities and types set forth in Division 2.4, shall be incorporated into landscape desi..tins in order to promote the preservation of native plant communities and to encourage water conservation. 3.9.4.2 SPECIFIC STANDARDS APPLICABLE OUTSIDE THE RF1HU ANI) RLSA DISTRICTS. Outside the RFMU and RLSA Districts, native vegetsfion shall be preserved on-site through the application of the following preservation a~_tt vegetation retention standards and criteria, unless the development occum within the ACSC where the ACSC standards referenced in the Future Land Use Element shall apply. This Section shall not apply to single-family dwelling units situated on individual lots or parcels. TAI~532626.5 164 A. REQUIRED PRESERVATION. Development Type Coastal High Hazard Area Non-Coastal High Hazard Area Less than 2.5 acres 10% Less than 5 acres 10% Residential and Mixed Equal to or greater Equal to or greater than 5 acres Use Development than 2.5 acres 25% and less than 20 acres. 15% Equal to or greater than 20 acres 25% Golf Course 35% 35% Commercial and Industrial. ,Less than 5 acres. 10% Less than 5 acres. 10% Development and all other non-specified development types Eaual to or greater Equal to or .than 5 acres. 15% greater than 5 acres. 15% Industrial Development (Rural- .50%~ not to exceed 25% of the 50%, not to exceed 25% of the Industrial District only) project site. project site. B. EXCEPTIONS. An exception from the vegetation retention standards above shall be granted in the following circumstances: 1. where the parcel was legally cleared of native vegetation prior to January 1989' 2. where the parcel cannot reasonably accommodate both the application o ~th~ native vegetation retention standards and the proposed uses allowed un this Code, subject to the criteria set forth in Section 3.9.7. I_E Z^L~532626.5 165 3.9.4.3 SPECIFIC STANDARDS FOR THE RFMU DISTRICT. For Lands within the RFMU District, native vegetation shall be preserved through the application of the following preservation and vegetation retention standards .and criteria, in addition to the generally applicable standards and criteria set forth in Section 3.9.4.1 above: A. RFMU RECEIVING LANDS OUTSIDE THE NBMO. 1. A minimum of 40% of the native vegetation present, not to exceed 25% ofthe total site area shall be preserved. a. Off-site preservation shall be allowed at a ratio of 1:1 if' such off-site preservation is located within RFMU Sending Lands. b. Off-site preservation be allowed at a ratio of 1.5:1 if such off-sit~ preservation is located outside of Sending Lands. c. Like for like preservation shall be required for Tropical Hardwood md Oak Hammock vegetative communities. Where schools and other public facilities are co-located on a site, the native vegetation retention requirement shall be 30% of the native vegetation present, not to exceed 25% of the site. B. NEUTRAL LANDS. 1. In Neutral Lands, a minimum of 60% of the native vegetation present, not to exceed 45% of the total site area shall be preserved. . Exceptions. a. In those Neutral Lands located in Section 24, Tow~.qhip 49 South, Range 26 East, in the NBMO, native vegetation shall be preserved as set forth in Section 2.2.31.5.B. Where schools and other public facilities are co-located on a site, the native vegetation retention requirement shall be 30% of the native vegetation present, not to exceed 25% of the site. C. RFMU SENDING LANDS. TAI~/532626.5 In RFMU Sending Lands that are not within a NRPA, 80% of the r~at~ve vegetation present on site shall be preserved, or as otherwise permitted under the Density Blending provisions of Section 2.6.40. Off-site preservation shall be allowed in satisfaction of up to 25% of thc site preservation or vegetative retention requirement, at a ratio of 3:1, if such off-site preservation is located within or contiguous to Sending Lands. 2. In RFMU Sending Lands that are within a NRPA, 90% of the native vegetation present shall be preserved or such other amount as may be permitted under the Density Blending provisions of Section 2.6.40. Off-site preservation shall not be credited toward satisfaction of any of the vegetative retention require applicable in such NR.PAs. 166 ~nt AGF..J~A rrF_.M' D. GENERAL EXCEPTIONS. 1. Non-conforming, Pre-existing Parcels. In order to ensure reasonable use anti to protect the private property fights of owners of smaller parcels of within thc RFMU District, including nonconforming lots of record which existed on or before June 22, 1999, for lots, parcels or fractional units ofla~d or water equal to or less than five (5) acres in size, native vege~fion clearim, shall be allowed, at 20% or 25,000 square feet of the lot or parcel or fractioo_~ unit, whichever is greater, exclusive of any clearing necessary to provide for a 15-foot wide access drive up to 660 feet in length. For lots and parce!~ greater than 5 acres but less than 10 acres, up to 20% of the parcel may cleared. This allowance shall not be considered a maximum clearing, allowance where other provisions of this Plan allow for greater clearing amounts. These clearing limitations shall not prohibit the cleating of brush o? under-story vegetation within 200 feet of structures in order to minimlz~. wildfire fuel sources. 2. Specific County-owned Land. On County-owned land located in Section 25 Township 26 E, Range 49 S (+/-360 acres), the native vegetation retention and site preservation requirements may be reduced to 50% if the permitt~ uses are restricted to the portions of the property that are contigUous to thc, existing land fill operations; exotic removal will be required on the entire +7 360 acres. 3. Discretionary Exception for Essential Public Services. The community development and environmental serVices administrator, or his/her designee~ may grant written exemptions to the above preservation requirements on aghculturall¥ zoned property for essential public services (as defined in section 2.6.9), where it can be demonstrated that the preservation requirements and the Essential Public Services cannot both be reasonably accommodated on the site and it is in the best interest of the general public to allow a reduction in all or part from the requirements for preservation of' existing native vegetation. 3.9.4.4 SPECIFIC STANDARDS FOR RLSA DISTRICT. For lands within th~, FLSA District, native vegetation shall be preserved pursuant to the RLSA District Regulations set forth in Section 2.2.27 of this Code. 3.9.4.5 DENSITY BONUS INCENTIVES. Density Bonus Incentives shall be granted to encourage preservation. OUTS/DE RURAL V/LLAGES. In RFMU Receiving Lands not designated a Rural Village, a density bonus of 0.1 dwelling unit per acre shall be granted for each acre of native vegetation preserved on-site that exceeds the requirements set forth in Section 3.9.4.3, once a density of 1 unit Per acre is achieved through thc. use of TDR Credits. INSIDE Rural Village, a density bonus of 0.3 dwellin~er acre shal~ each acre of native vc~rescrved on-site that exceeds the re~ TAI.g$32626.5 RURAL VILLAGES. In RFMU Receiving Lands designated as a 167 forth in Section 3.9.4.3, once a density of 2 units per acre is achieved through the use of TDR and Bonus Credits. 3.9.5 WETLAND PRESERVATION AND CONSERVATION. 3.9.5.1 PURPOSE. The following standards are intended to protect and conserve Collier County's valuable wetlands and their natural functions, including marine wetlands. These standards apply to all of Collier County, except for lands within the RI~A District. RLSA District lands are regulated in Section 2.2.27. Wetlands shall be protected as follows, with total site preservation not to exceed, those mounts of vegetation retention set forth in Section 3.9.4.3, unless otherwise require4_ ~: , 3.9.5.2. URBAN LANDS. In the case of wetlands located within the Urban desi, ,treated areas of the County, the County will rely on the jurisdictional determinations made by the applicable state or federal agency in accordance with the following provisions: A. Where permits issued by such jurisdictional agencies allow for impacts to wetlands within this designated area and require mitigation for such impacts, thi.,~ shall be deemed to meet the objective of protection and conservation ofwetland_~ and the natural functions of wetlands within this area_ B. The County shall require the appropriate jurisdictional permit prior to the issuance of a final local development order permitting site improvements, except in the case of any single-family residence that is not part of an approved development or platted subdivision. C. Within the Immokalee Urban Designated Area, there exists high quality wetland system connected to the Lake Trafford/Camp Keais system. These wetlanrl~ require greater protection measures and therefore the wetland protection standard~ set forth in 3.9.4.3. below shall apply in this area. 3.9.5.3. RFMU DISTRICT. Direct impacts of development within wetlands shall be limited by directing such impacts away from high qualiW wetlands. This shall b~. accomplished by adherence to the vegetation retention requirements of Section 3.9.4.3 above and the following: A. STANDARDS. 1. In order to assess the values and functions of wetlands at the time of proiect review, applicants shall rate the functionality of wetlands using the Unified Wetland Mitigation Assessment Method set forth in F.A.C. 62-345. For proiects that have already been issued an Environmental Resource Permit by the state, the County will accept wetlands functionality assessments that are based upon the South Florida Water Management District's Wetland Rapid Assessment Procedures (WRAP), as described in Technical Publication Re~ 001 (September 1997, as update August 1999). The applicant shall submit tn County staff these respective assessments and the scores accepted by either the South Florida Water Management District or Florida Department of Environmental Protection. TAL~532626.5 Wetlands documented as being utilized by listed species or serVi: corridors for the movement of wildlife shall be preserved on site, regardl 168 whether the preservation of these wetlands exceeds the acreage required in Section 3.9.4.2. Existing wetland flowways through the Project shall be maintained, regardl,~*_ of whether the preservation of these flowways exceeds the acreage required in Section 3.9.4.3. 4. Drawdowns or diversion of the ground water table shall not adversely chugs, the hydroperiod of preserved wetlands on or offsite. Detention and control elevations shall be set to protect surrounding wetlands and be consistent with surrounding land and pr0iect control elevations and water tables, ,In order ~ meet these requirements, projects shall be designed in 'accordance with Sections 4.2.2.4, 6.11 and 6.12 of SFWMD's Basis of Review, January 2001. 5. Single family residences shall follow the requirements contained within Section 3.9.5.4.B. 6. Preserved wetlands shall be buffered from other land uses as follows: a. 'A minimum 50-foot vegetated upland buffer adjacent to a natural watg body. b. For other Wetlands a minimum 25-foot vegetated upland buffer adiacent' to the wetland. A structural buffer may be used in coniunction with a vegetative buffer that would reduce the vegetative buffer width by 50%. A structural buffer shall be required adjacent to wetlands where direct impacts are allowerl A structural buffer mag consist of a stem-wall, berm, or vegetative hedge with suitable fencing. The buffer shall be measured landward from the approved jurisdictional line. TAL~532626.5 e. The buffer zone shall consist of preserved native vegetation. Where,, native vegetation does not exist, native vegetation compatible with the existing soils and expected hydrologic conditions shall be plantetl f. The buffer shall be maintained fi'ce of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. g. The following land uses are considered to be compatible with wetland functions and are allowed within the buffer' (1)Passive recreational areas, boardwalks and recreational shelters' (2)Pervious nature trails; 1'3) Water management structuresi (4}Mitigation areas; (5)Any other conservation and related open space activiW or use which is comparable in nature with the foregoing uses MITIGATION. Mitigation shall be required for direct impacts to wetlands i,, order to result in no net loss of wetland functions, in adherence with the following requirements and conditions' 1. Mitigation Requirements. Loss of storage or conveyance volume resulting from direct impacts to ,wetlands shall be compensated for by providing an equal mount cf storage or conveyance capacity on site and within or adjacent to the impacted wetland. .b. Prior to issuance of any final development order that authorizes si!,- .alteration, the applicant shall demonstrate compliance with a and b above. If agency permits have not provided mitigation consistent with .this Section, Collier County will require mitigation exceeding that cf the jurisdictional agencies. 9. Mitigation requirements for single-family lots shall be determined by the State and Federal 'agencies during their permitting process, pursuant to the requirements of Section 3.9.5.4. 2. Mitigation Incentives: A densi _ty bonus of 10% of the maximum allowabl,, residential density, a 20% reduction in the required open space acreage, a 10% reduction in the required native vegetation, or a 50% reduction i~ required littoral zone requirements may be granted for proiects that do any of the following~ a. Increase wetland habitat through recreation or restoration of wetland .functions, of the same type found on-site, on an amount of off-site acre,: within the Rural Fringe Mixed Use District Sending Lands, equal to, o, greater than 50% of the on-site native vegetation preservation acreage, required, or 20% of the overall project size, whichever is greater; or, b. Create, enhance or restore wading bird habitat to be located near wood stork, and/or other wading bird colonies, in an amount that is equal to, o, greater than 50% of the on-site native vegetation preservation acreage, required, or 20% of the overall project size, whichever is greater; or c. Create, enhance or restore habitat for other listed species, in a location and amount mutually agreeable to the applicant and Collier County afte, consultation with the applicable jurisdictional agencies 3. EIS Provisions. When mitigation is proposed, the EIS shall demonstrate tho{ there is no net loss in wetland functions as prescribed above. 4. Exotic Vegetation Removal. Exotic vegetation removal shall not constitute. mitigation. 3.9.5.4. ESTATES~ RURAL-SETTLEMENT AREAS~ AND ACSC. In the case .of lands located within Estates Designated Area, the Rural Settlement Area, and th,, ^CSC, the County shall rely on the wetland iurisdictional determinations requirements issued by the applicable jurisdictional agency, in accordanc~ following: FEB 11. A. For single-family residences within Southern Golden Gate Estates or within the Big Cypress Area of Critical State Concern, the County shall require the _appropriate federal and state wetland-related permits before Collier CounW issues a building permit. Outside of Southern Golden Gate Estates and the Area of Critical State Concern, Collier County shall inform applicants for individual single-family building permits that federal and state wetland permits may be required prior to construction. The County shall also notify the applicable 'federal and stat~ _agencies of single family building permits applications in these areas. ,, 3.9.5.5. RLSA DISTRICT. Within the RLSA District, wetlands shall be preserved pursuant to Section 2.2.27. 3.9.5.6 SUBMERGED MARINE HABITATS. The County shall protect and conserve submerged marine habitats as provided in Section 2.6.21.2.7. 3.9.6 NATURAL RESERVATION PROTECTION AND CONSERVATION. 3.9.6.1 PURPOSE AND APPLICABILITY. A. The purpose of this Section is to protect natural reservations from the impact of surrounding development. For the purpose of this section, natural reservations shall include only NRPAs and designated Conservation Lands on the Future Land Use Map. B. For the purposes of this Section, development shall include all projects single- _family dwelling units situated on individual lots or pan:els. 3.9.6.2. REVIEW PROCESS. All requests for development contiguous to natural reservations shall be reviewed as part of the Counts development review process. 3.9.6.3. RFMU DISTRICT REQUIREMENTS. The following criteria shall apply within the RFMU District only. A. OPEN SPACE. Open space shall be required to provide a buffer between the proiect and the natural reservation. 1. Open space allowed between the proiect's non-open space uses and the boundary of the natural reservation may include natural preserves, natural or man-made lakes, golf courses, recreational areas, required yard set-back areas, and other natural or man-made open space requirements. 2. The following open space uses are considered acceptable uses contiguous to the natural reservation boundary_: a. preservation areas; b. golf course roughs maintained in a natural state; c. stormwater management areas; d. pervious nature trails and hiking trails limited to use by nonmotorized vehicles. B. OPEN SPACES AS BUFFERS. 1. Thc uses in paragraph A.2 above arc encouraged to be located as to provide a buffer between thc natural reservation and more intensive open space uses, including playgrounds, tennis courts, golf courses (excluding roughs maintained in a natural state), and other recreational uses and yards for individual lots or parcels, or open space uses that are impervious in nature. These more intensive open space uses may not be located closer than 300 feet to the boundary of the natural reservation. 2. In addition, where woodstork (M¥cteria americana) rookeries, bald eagle (Haliaeetus leucocephalus) nests, and wading bird roosts are found in the.. adjacent natural reservation, the open space uses identified in sub-sections B.2.a. through c are considered acceptable for placement within a buffer as specified below: a. Woodstork (M¥cteria americana) rookeries, bald eagle (Haliaeetu~ leucocephalux) nests - 1,500 feet; b. Wading bird roost - 300 feet; c. These buffer distances shall only apply to the identified entity within the natural reservations. 3. These requirements shall be modified on a case by case basis, if such modifications are based upon the review and recommendations from the USFWS and the FFWCC. Any such changes shall be deemed consistent with the Growth Management Plan. C. CONTIGUOUS NATIVE VEGETATION. Existing native vegetation that is located contiguous to the natural reservation shall be preserved as part of the preservation requirements specified in Section 3.9.4. D. WILDLIFE CORRIDORS. Where wildlife corridors exist for listed species, provision shall be made to accommodate the movement of the listed species through the project to the natural reservation. The County shall consider the recommendations from the USFWS 3.9.7. PRESERVE STANDARDS 3.9.7.1 DESIGN STANDARDS A. IDENTIFICATION. Native vegetation that is required to be preserved or mitigated pursuant to 3.9.4 or 3.9.5 shall be set-aside in a Preserve and shall be identified in the following manner: 1. The Preserve shall be labeled as "Preserve" on all site plans. If the development is a PUD, the Preserve shall be identified on the PUD Master Plan, if possible. If this is not possible, a minimum of 75% of the preserves shall be set-aside on the PUD Master Plan with the remaining 25% identified at the time of the next development order submittal. 'r~532626.5 172 FEB11':'200t , j TAI~532626,5 3. The Preserve shall be identified at the time of the first development ord.- submittal. B. MINIMUM DIMENSIONs. The minimum width of the preserve shall be' 1. twenty feet, for property less than ten acres. 2. 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. 3. an average offit~y feet in width but not less than twen~ feet for pro~¢~V o f twenty acres and greater. ,, C. PROTECTION OF WETLAND HYDROPERIODS. Drawdowns or diversion of the ground water table shall not adversely change the hydroperiod ofpresea've.l wetlands on or offsite. Detention and control elevations shall be set to pi-otto' surrounding wetlands and be consistent with surrounding land and project control elevations and water tables. In order to meet these requirements, projects shall designed in accordance With Sections 4.2.2.4, 6.11 and 6.12 of SFWMD's Basis of Review, January 2001. D. PROTECTIVE COVENANTS. Preserve areas shall be identified as tracts or easements, with access to them fi.om a platted right-of-way. No individual residential or commercial lot, parcel lines, or other easements such as utility or access easements, may proieet into tb~ a Preserver, ':.'hen p!aXed ~ n tract. All required easements or tracts for preserves shall be dedicated to thc, County without placing on the County the responsibility for maintenance or to ~ property owners' association or similar entity with maintenance responsibilities The protective covenants for the tract or easement shall establish the perniitt~ uses for said easement(s) and/or tracts on the final subdivision plat. A nonexclusive easement or tract in favor of the County, without any maintenanc,~ obligation, shall be provided for all preserves on the preliminary and final subdivision plats and all final development order site plans. The boundaries of all preserve easements shall be dimensioned on the final subdivision plat E. CREATED PRESERVES. Created Preserves shall be allowed for parcels th~ cannot reasonably accommodate both the required on-site preserve area and th~, proposed activity. 1. Applicability. Criteria for allowing created preserves include: a. Where site elevations or conditions requires placement of fill thereby harming or reducing the survivability of the native vegetation in its existi~:; locations~ b. Where the existing vegetation required by this policy is located whch-, proposed site improvements are to be located and such improvemente cannot be relocated as to protect the existing native vegetation~ c. Where native preservation requirements cannot be accommodated, th,:, landscape plan shall re-create a native plant community in all three st (ground covers, shrubs and trees), utilizing larger plant materials so ~ t° 173 TAL~532626.5 more quickly re-create the lost mature vegetation. These areas ~hall be identified as created preserves. d. 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 reouirement 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. e. 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 ~ acre or less, preserves may be planted with'all thre.',. strata; using the criteria set forth in Created Preserves and shall be created adjacent existing native vegetation areas on site or contiguous to preserve, on adjacent properties. This exception may be granted, regardless of the size of the project. f. When an access point to a project cannot be relocated. To comply with obligatory health and safety mandates such as road ali~.m~ments required by the State, preserves may be impacted and created elsewhere on site. 2. Required Planting Criteria: a. Where created preserves are approved, the landscape plan shall re-create a native plant community in all three strata (ground cover, shrubs and trees), utilizing larger plant materials so as to more quickly re-create the lost mature vegetation. Such re-vegetation shall apply the standards of section 2.4.4. of this Code, and include the following minimum sizes: one gallon ground cover; seven (7) gallon shrubs; fourteen (14) foot high trees with a seven foot crown spread and a dbh (diameter at breast height) of three inches. The spacing of the plants shall be as follows: twenty to thirty foot on center for trees with a small canopy (less than 30 f~ mature spread) and forty foot on center for trees with a large canopy (greater than 30 fl 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 naturaJ plant community and shall not be maintained as landscaping. Minimum sizes for plant material may be reduced for scrub and other xeric habitate where smaller size plants material are better suited for re-establishment of the native plant community. b. Approved created preserves may be used to recreate' (1) not more than one acre of the required preserves if the property less than twenty acres of existing ~afive vegetation (2) not more than two acres of the required preserves if the property 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 prol>ert¥ .to or greater than eighty acres of existing native vegetation 174 c. The minimum dimensions Shall apply as set forth in 3.9.71.B. d. 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 F. ALLOWABLE SUPPLEMENTAL PLANTINGS. Supplemental native plantings in all three strata may be added to preserve areas where the removal of non-native and/or nuisance vegetation creates open areas with'little or no native vegetation coverage. Plant material in these restoration areas shall meet the following minimum size criteria: one gallon ground covers, three gallon, shrubs and six foot high trees. 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. G. PRESERVE MANAGEMENT PLANS. The Preserve Management Plan.shall identify actions that must be taken to ensure that the preserved areas will function as proposed. A Preserve Management Plan shall include the following elements: 1. General Maintenance. Preserves shall be maintained in their natural state and must be kept flee of refuse and debris. Exotic Vegetation Removal, Non-native Vegetation, and Nuisance or Invasive Plant Control. 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. 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. Control of exotics shall be implemented ona yearly basis or more frequently when required, and shall describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuiW. Non-native vegetation and nuisance or invasive plants shall be removed from all Preserves. Designation of a Preserve Manager. A Preserve Manager shall be identified as the responsible party to ensure that the PreserVe Management Plan is being complied with. The individual's name, address and phone number shall be listed on the Preserve Management Plan. The same information shall be provided regarding the developer. Both parties will be responsible until such time that the homeowners association takes over the management of the preserve. At that time, the homeowners association shall amend the plan to provide the homeowner association information and information re,an person hired by the association to manage the preserve. The homeown association and the preserve manager shall be responsible for annual TAI.~532626.$ 175 'i FEB1 ..... maintenance of the preserve,'in perpetuity. ,r~..~ Pre:em': ~'~ .......... · *. .... m~mmum, the Preserve Manager shall have the same oualificafions as ar9, reouired for the author of an EIS. as set forth in section 3.8.4 Wildlife Habitat Management. Where habitats must be managed with reg_a_nt? to the species utilizing them, Wildlife Habitat Management strategies may be, required to provide for specialized treatment of the Preserve. Where protcct~ species are identified, management strategies shall be developed and implemented in accordance with Section 3.11.3. Where site eonditio, n~ require prescribed bums, a fire management plan_ will be develop6d and_ti implemented. 5. Protection During Construction and Signage After Construction. The Preserve Management Plan shall address protective measures durln~ construction and signage during and after construction that are consistent with Section 3.9.8. H. ALLOWABLE USES W/THIN PRESERVE AREAS. Passive recreatiooal uses such as pervious nature trails or boardwalks are allowed within the preserve areas, as long as any .clearing required to facilitate these uses does not impact the minimum required vegetation. For the purpose of this section, passive recreational uses are those uses that would allow limited access to the preserve in a manner that will not cause any negative impacts to the preserve, such pervious pathways, benches and educational signs are permitted in the preserve. Fences may be utilized outside of the preserves to provide protection in the preserves in accordance with the protected species section 3.11.3.1.C. Fences and walls are not permitted within the preserve areal 3.9.7.2 INSPECTIONS AND MAINTENANCE. A. INSPECTIONS SHALL BE REQUIRED FOR ALL PRESERVES. The preserve areas shall be completed and approved by inspections conducted in accordance with the following schedule: 1. Prior to preliminary_ acceptance of the phase of the required subdivision improvements; 2. Within the associated phase ofthe final site development plan prior to thc. issuance of a certificate of occupancy. 3. As required with golf courses, prior to the issuance ora certificate of' occupancy for the first permitted structure associated with the golfcours~~ facility; 4. Eighty percent vegetative coverage, of the created preserves anxl supplemental plantings in preserves, is required w/thin a two-year period following the initial planting and shall be maintained in perpetuity. Native plants that recruit on their own w/thin the preserve will be counted t this coverage requirement. TAL~532626.$ 176 B. ANNUAL MAINTENANCE. Annual maintenance shall be required aceordin~ to the Preserve Management Plan 3.9.7.3. REQUIRED SETBACKS TO PRESERVES. A. Ail 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 bc 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 bc approved to be placed within 10 feet ora wetland preserve, unless it can be demonstrated that it will not negatively impact that wetland. B. Additional preserve buffers shall be applied to wetlands pursuant to Section 3.9.5.3.A.6. 3.9.7.4 EXEMPTIONS. A. Single family residences arc subject only to the applicable vegetation retention standards found in 3.9.4. B. Applications for development orders authorizing site improvements, such as an SDP or FSP and, on a case by Case basis, a PSP, that are submitted and deemed sufficient prior to June 19, 2003 arc not required to comply with the provisions of 3.9.7, formerly 3.9.5.5.6, which were adopted on or at~er June 19, 2003. 3.9.&8_. VEGETATION ~gMO-~VO~ SPROTECTION ANI) PP-E£EP. VP. TION REMOVAL SSTANDARDS. 3.9.g. 8_.1. VEGETATION taPROTECTION STANDARDS. ~.9.5.!. A._:. GENERAL. During construction, all reasonable steps necessary to prevent the destruction or damaging of vegetation shall be taken, including the installation of protective barriers. Vegetation destroyed or receiving major damage must be replaced by vegetation of equal environmental value, as specified by the development services department, before occupancy or use unless approval for their removal has been granted under permit. ~.9.$. !.2. B.~.. FILLING AND CONSTRUCTION DEBRIS. During construction, unless otherWise authorized by the vegetation removal permit, no excess soil, additional fill, equipment, liquids, or construction debris, shall be placed within the dfipline of any vegetation that is required to be preserved in its present location. 3.9.8. !.3. C._:. ATTACHMENTS. Unless otherwise authorized by the vegetation removal permit, no attachments or wires other than those of a protective or nondamaging nature shall be attached to any vegetation during construction. ~.9.~. 1.4. D...~. EXCAVATION. Unless otherwise authorized by the vegetatio~ L removal permit, no soil is to be removed from within the dripline of any vegetation that is to remain in its original location. x^t~32~2~.~ 177 3.9.,,°.!.5. E. PROTECTIVE BARRIERS AND SIGNAGE. 1. Installation of protective barriers and siena~,e. All protective barriers shall be installed and maintained for the period of time beginning with the commencement of any phase of land clearing or building operations and ending with the completion of that phase of the construction work on the site, unless otherwise approved to be removed by the development services director's field representative. All protective barriers shall be installed pursuant to the Tree Protection Manual for Builders and Developers, division of forestry, State of Florida or other methods approved by the development services director. Siena~e shall be placed around the preserve areks to identify and protect the preserve during construction. The boundary of thc, Preserve shall be posted with appropriate signage denoting the area as a Preserve. Sign(s) should note that the posted area is a protected area. The signs shall be no closer than ten feet from residential property lines; be limitea to a maximum height of four feet and a maximum size oftwo square feet; aha otherwise comply with Section 2.5.6. Maximum sign spacing shall be 300 feet. 2. Applicant's representatiVe required. The applicant for a vegetation removal permit shall, at the time of application, designate representative(s): -I-)a_. Who shall be responsible for the installation and the maintenance of all tree protection barriers. ~b~Who shall be responsible for supervising the removal of all existing vegetation permitted to be removed or altered. 3:e.._Protection of all areas of vegetation. Areas to be preserved shall be protected during land alteration and construction activities by placing a continuous barrier around the perimeter of the area of vegetation to be preserved. This barrier shall be highly visible and constructed of wood stakes set a maximum often feet apart, at a height range of two to four feet, all covered continuously with brightly colored, all-weather mesh material or equal type barrier method. An equivalent method may be substituted with the approval of the development services director. 4:d_.t'rotection of individual trees. When the retention of single trees is required by this Code, a protective barrier, similar to that required in [section] 3.9.5.1.5.3, shall be placed around the tree at a distance fi'om the trunk of six feet or beyond the dripline, whichever is greater, or as otherwise approved by the development services director's field representative. 3.9.~. 8_~.2. CRITERIA FOR REMOVAL AND/OR REPLACEMENT OF PROTECTED VEGETATION. A. STANDARDS. The development services director may approve an application for vegetation removal permit ~'~-~ ^~ **-~ fz!!c.w:'ng "--:*~--;-. ' ' .................... ~f~t is determined that reasonable efforts have been undertaken in the layout and design of th - AC~.NDA ~T~J~ proposed development to preserve existing vegetation and to otherwise er~ anc.---~o.~ TAL~$32626.~ 178 Flail | 11,200~l the aesthetic appearance of the development by the incorporation of existi,,, vegetation in the design process· Relocation or replacement ofvege?afion ~y be required as a condition to the issuance of an-approval in accordance with t~ criteria set forth in this division..In addition, a vegetation removal permit may b~ issued under the following conditions: ga.9-3~. 1. Protected vegetation is a safety hazard to pedestrian or vehicular tralfie, public services, utilities, or to an existing structure: 2.9.5.2.2. Diseased or otherwise unhealthy vegetation as determined by standard horticultural practices and if required, a site inspection by the deyelopment services director's field representative. 2.9.5.2.3. A final local development order has been issued which requires removal of the protected vegetation. 2.9.5.2.4. Compliance with other codes and/or ordinances may involve protected vegetation removal. Replacement of normative vegetation shall be with native vegetation ef ..... r ........ =za and shall be subject to the approval of the development services director or his/her designee. ~ vegetation shah comply with the standards of Section 2.4.4 and sh~!l include the following minimum sizes: one gallon ground cover; seven (7} ~;allon shrubs; fourteen (14) foot high trees with seven foot crown spread and dbh (diameter at breast height} of three inches. Replacement native vegetation shall be planted within 14 calendar days of removal. 3. P. 5.£.?. 6~ On a parcel of land zoned residential single-family (RsF), village residential (VR), estates (E) or other nonagricultural, noncommercial zoning district in which single-family lots have been subdivided for single-family use only, a vegetation removal permit may be issued for any pen'nitted accessory use to that zoning. TAI~532626.5 1 79 3.9.5.2.2.7. The proposed mangrove alteration'has a Florida department of environmental protection permit or meets the permitting standards in Florida Administrative Code 17-321.030, 17-321.050, 17-321.100, 17-321.801, 17- 321.802, or 17-321.803 as may be amended. However, mangrove removal or trimming shall be prohibited in all preserves or areas used to fulfill the native vegetation preservation requirements. ~ 8_.:. Removal of vegetation for approved mitigation bank sites (as defined by the Florida Administrative Code); state or federally endorsed environmental preservation, enhancement or restoration projects; 9r, .State of Florida, division of forestry approved fire breaks shall be permitted. Vegetation removal permits issued under these criteria are valid for the period of the time authorized by such agency permits. VEGETATION RELOCATION PLAN. If vegetation relocation is proposed by the applicant prior to site development plan, construction plan or other final approvals, a vegetation relocation permit (vegetation removal permit) may be issued by the development services director provided that it can be demonstrated that early transplantation will enhance the survival of the relocated vegetation. The vegetation relocation plan shall document methods of relocation, timing of relocation, watering provisions, maintenance and other information as required by the development services director. LANDSCAPE PLANT REMOVAL OR REPLACEMENT. The removal or replacement of approved landscaping 'shall be done in accordance with the regulations that guide the landscape plans reviews and approvals in Division 2.4; A vegetation removal permit will not be issued for the removal or replacement of landscape plants. That approval must be obtained through an amendment process to the landscape plan or as otherwise authorized by permit by the Collier County Landscape Architect. 3.9.52.8.3__: MANAGEMENT PLAN AND INSPECTIONS. A_. MANAGEMENT PLAN REQUIRED. For all individual areas of mangrove trees and areas of preserved plant communities larger than one-half acre in area, the owner shall submit, for the approval of the development services director, a narrative management plan indicating the manner in which the owner will preserve the native plant communities. The narrative shall include: 3.9.5.3.1_. Whether or not the existing vegetation is to be preserved in the existing" species composition. 3.9.5.~.2. If applicable, the manner in which the composition of existing plant material is to be preserved (hand removal of invasive species, prescribed burning, etc.). ~.9-3~.3.The maintenance schedule for the removal of invasive specieS. 3.9.5.3.4. The maintenance schedule for the removal of debris. TAL~532626.5 180 FEB 3.9.~.3.5.Othcr information that may be required by the development services director that is reasonable and necessary to determine if the management Plan meets the requirements of this Code. 2.9.5.4. B_: ON-SITE INSPECTION. The development services director's field representative may conduct an on-site inspection to determine if the pmposod vegetation removal meets the criteria in section 3.9.5.2 and conforms to the ~ standards set forth in section 3.9.8.5 below. O $ w~,..,,,j &~ ,., ,,. ..,, ,,, .... t::,~*,-,.~,,,, j-,,,.~, o,,,.,,. ,w,...,,.~, ~., 1,,.~.,.,,.,.... ,.,. ~,,. ,,,.,,.,,,.. TAL~$32626.$ 181 FEB 1' '1,'200 ,,,.,,.... ......... ~. ..... +..C ~i ".y~.., ,4 .... ,. '"'"t''''''''~''''''1 ..... + "'"'"~ ....." '" ""'~"'"""s+1"~'4~ ~,"1`~"1,4..v,...,,.. +l,.,...w ..... .. v..+1~,4"..,.,..,.,..,.. ..,,"l~--~.v~.., · ~n+,; ........ +~+:,~. +1,,~+ ............ ,.1 T'1`~ /',-,11,....,~,-, ..,.,~: ..... .' .... 1,.11 ~----1.,. /"t~ ,-,.,..11 ....... .4 ....... .~":...11~..,. ~1`_.1,... I A ~.,.+ 1.,,;.1... +.. ..... ...,,..a':+l" ... e, ...... u' ......... , u ........ '-' ""'"', ......... u- ..... fOG*. .i~ .............. r ........ ~;,~CC:C2 .................... , ~-' ...... .7 ....... ......... ,~ ............ W~..: :'CI'...C".' . .......... .... ,{::, ...................... ': TAL~$32626.5 182 AGENDA ITEI~ No. FEB 11 20{ TA.L~S32626.~ 183 FEB 1 1':20 TAI_~532626.5 ]84 Ps. 3.9.9.1 .GENERAL A. Prohibited exotic vegetation removal and methods of removal shall be conducteA in accordance with the specific provisions of each local development order. B. ]Native vegetation shah be protected during the process of'removing prohibited exotic vegetation, in accord with the provisions of Section 3.9.8.1. C. Prohibited exotic vegetation shall be removed from the following locations, and within the following timeframes: 1. From all rights-of-way, common area tracts not proposed for development, and easements prior to preliminary acceptance of each phase of the subdivision improvements. 2. From each phase ora site development plan prior to the issuance of the certificate of occupancy for that phase. 3. From all golf course fairways, roughs, and adiacent open space/natural preserve areas prior to the issuance of a certificate of occupancy for the first permitted structure associated with the golf course faciliW. 4. From property proposing any enlargement of existing interior floor space, . paved parking area, or substantial site improvement prior to the issuance ora certificate of occupancy. D. In the case of the discontinuance of use or occupation of land or water or .E. Fo structure for a period of 90 consecutive days or more, property owners shall. · prior to subsequent use of such land or water or structure, conform to the re~lations specified by this section. Verification of prohibited exotic vegetation removal shall be performed by the development services director's field representative. Herbicides utilized in the removal of prohibited exotic vegetation shall have been approved by the U.S. Environmental Protection Agency. When prohibited exotic vegetation is removed, but the base of the vegetation remains, the base shal treated with an U.S. Environmental Protection Agency approved herbicide visual tracer dye shall be applied. TA!~532626.$ 185 Lnd aAP-~AfTDQ ' 3.9.9.2. EXOTIC VEGETATION MAINTENANCE PLAN. A maintenance plan shall be submitted to the development services director for review on sites which require prohibited exotic vegetation removal prior to the issuance of the local development order. This maintenance plan shall describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. This maintenance plan shall be implemented on a yearly basis at a minimum. Issuance of the local development order shall bc contingent upon approval of the maintenance plan. Noncomplianc~ with this plan shall constitute violation of this division. The development services director's field representative shall inspect sites periodically after issuance of thc certificate of occupancy, or other final acceptance, for compliance with this' division: 3.9.9.3. APPLICABILITY TO NEW STRUCTURES AND TO ADDITIONS SINGLE-FAMILY AND TWO-FAMILY LOTS. In addition to the other requirements of this Division, the applicant shall be required to remove all prohibited exotic vegetation before a certificate of occupancy is granted on any new principal or accessory structure and any additions to thc square footage of the principal or acccssorg structures on single-family or two-family lots. The removal of prohibited exotic vegetation shall be required in perpctuiW. Upon issuance of a vegetation removal permit, prohibited exotic Vegetation may be removed fi.om lot~ which are zoned residential single-family (RSF), estates (E), village residential (VR), and mobile home (Mit), prior to issuance of a building permit. 3.9.10 REQUIRED PERMITS AND NOTICES 3.9.10.1. VEGETATION REMOVAL PERMIT A. OTHER PERMITS REQUIRED. No vegetation removal permit or final development order author/zing site clearing or site improvements shall be issued by the development services director until all applicable federal and state, and County approvals as designated by the development services director have obtained. These approvals may include, but are not limited to: 1. Building permits. (Except in accordance with section 3.2.8.3.6. of this Code.) 2. Special treatment (ST) development permits. 3. U.S. Army Corps of Engineers permits or exemptions 4. Flor/da Department of Environmental Protection permits or exemptions. 5. U.S. Fish and Wildlife Service permits or exemptions 6. Florida Fish and Wildlife ConServation Commission permits or exemption.,~. 7. South Flor/da Water Management District permits or exemptions. 8. Other applicable agency reviews or permits or exemptions.' 9. Other county apProvals. B. APPLICATION CONTENTS. Application for a vegetation removal permit Shall be submitted to thc development services director in writing on a form provided by the development services department. The application shall include the' following information: 186 TALtt532626.5 AC, r.~D~ rr~ TA[~532626.5 A generalized vegetation inventory which includes: a. Generalized vegetation inventory superimposed on a current aerial. A generalized vegetation inventory shall show the approximate location and extent of vegetation on the site. The inventory shall be based upon the most current available information. The inventory shall be in the form of an aerial or a field survey, and may be accompanied by photographs or videotapes illustrating typical areas of vegetation referenced to positions on the aerial or survey, but shall clearly indicate habitat types and protected vegetation, and may be accompanied by photographs or videotapes illustrating typical areas of vegetation referenced to positions on the aerial or survey. The generalized vegetation inventory shall be prepared in some manner which clearly illustrates the relationships between the areas of vegetation and the proposed site improvements. Generalized written assessment and evaluation. The generalized vegetation inventory shall be accompanied by a brief written assessment of the plant communities which have been identified on the site. The h. Description of any proposed maintenance trimming of mangroves. An executed statement which includes: a. Name, address, and phone of property owner. assessment shall include an evaluation of character and quality of the plant communities identified, including their rarity, viability, and such other physical characteristics and factors that may affect their preservation. The inventory assessment and evaluation shall be prepared by a person knowledgeable in the identification and evaluation of vegetative resources, such as a forester, biologist, ecologist, horticulturist, landscape architect, or certified nurseryman. c. Reasonable additional information. The development services director may require that the application include such additional information which is reasonable and necessary for adequate administration of this division. A site plan which includes: a. Property dimensions. b. Location of existing infrastructure and alterations. c. Location of proposed structures, infrastructure and alterations. d. The location and species of all protected vegetation. Large stands ora single species, such as cypress heads, may be indicated as a group with an approximate number or area. e. Designation of all protected vegetation proposed for removal. f. Location and details of protective barricading of the vegetation to be retained. Description of any proposed alteration of mangroVes. 187 o I b~ Name, address, and phone of authorized agent and on-site representative. c. Proof of ownership. d. Legal description. e. Reason for proposed removal. f. Method to distinguish vegetation to be removed from vegetation to b~. preserved and method of removal. It should be noted that the root system of the vegetation shall also be protected. g. Signature of property owner or copyofa specific contract signbd by property owner. ~ c.C.:. REVIEW PROCEDURES. ~1. Issuance of permit. Based on the information contained in the application and obtained from the on-site inspection, the development se ocs ector, .. ,~ m~n~'cve ...... ~.m_:t: ......... dir-eetor-may approve or deny an application. An approved vegetation removal permit is valid for a period not to exceed 180 days ..... r .... alteration. Mangrove alteration permits shall be valid for a period of five years fi.om date of issuance, or date of issuance by the Florida dD_epartment of e_Environmental p_Protection. An extension requested prior to expiration oft. he original permit may be granted for good cause shown upon written application to the development services director and fcr man,'crc nl,~...; ..... VV~I'J" ......... '"''--~,~' "' '''~':~ designee. The development services director ~.a ....... ., ...... e ........... ,:,..,~,~ may conditions to the permit relative to the methods of designating and protecting vegetation not proposed for removal. A violation of these conditions shall constitute cause to void the vegetation removal permit. 3,9.19.2. Denial of permit. In the event an application is denied by the development services director, the reason(s) shall be noted on the application and returned promptly. 3.9. ! 9,3. Permit fees. All vegetation removal and agricultural clearing permit applications requiring review and approval shall be charged a review fee ........... , .......... ~ ................ established by resolution of thc bB_oard of eC_ounty eC_ormnissioners. d. D. VEGETATION REMOVAL PERMH' EXCEPTIONS '~,'! """"~"'"'~'"""~ P'"'"'" kv~'' ''''''' ''''''' TAIJ$32626.5 188 FEB 11, 200 TALg$32626.$ ~ 1..~.. Except for lots on undeveloped coastal barrier islands, and any project proposing to alter mangrove trees, a vegetation removal permit for clearing one acre or less of land is not required for the removal of protected vegetation, other than a specimen tree on a parcel of land zoned residential, single-family (RSF), village residential (VR), .agriculture (A) or estates (E), or other nonagricultUral~..non.sending lands, non-NRPA, noncommercial zoning districts in which single-family lots have been subdivided for single-family use only, where the following conditions have been met: (-t-) a_. A building permit has been issued for the permitted principal structure (the building permit serves as the clearing permit), or 0-) b_. The permitted principal structure has been constructed, and the property owner or authorized agent is conducting the removal, and the total .area that will be cleared on site does not exceed one acre. 3.9. ! 0. d.~. 2_. A vegetation removal permit is not required for the removal of protected vegetation other than a specimen tree, when a site plan and vegetation protection plans have been reviewed and approved by the development services director as part of the final development order. 3.9. ! 0.4.5.3_. A vegetation removal permit is not required for the removal of protected vegetation "'~'~'-',----- +*'----- ....... .- ~,r-~,~----~--;--~ ~'---,~, fi.om the property of a Florida licensed tree £arm/nurscry, where such vegetation is intended for sale in the ordinary course of the licensee's business and was planted for the descn purpose. TA1~532626.$ ~_. A vegetation removal permit is not required for the removal of protected Vegetation other than a specimen tree by a Florida licensed land surveyor in the performance of his/her duties, provided such removal is for individual trees within a :v.'atc~ swath that is less than three feet in width. ~ 5~ A vegetation removal permit is not required for thc removal of protected vegetation prior to building permit issuance if the conditions set forth in section 3.2.8.3.6 have been met. 6. A vegetation rcrnoval permit is not required for the hand removal of Prohibited Exotic Vegetation. Mechanical clearing of Prohibited Exotic, Vegetation shall require a vegetation removal permit. Mecha~cal clearing defined as clearing that would impact or disturb the soil or sub-soil layers disturb the root systems of plants below the ground. 3.9.~.~.10.2 AGRICULTURAL LAND CLEARING. A. LAND CLEARING PERMIT. A permit for clearing of agriculturally zoned land for bc.~a fide agricultural uses that do not fall within the scope °fsection.~ 163.3162 (4) or 823.14(6), Florida Statues~ ~s ~cH.~c~ by t~.'.'~ c~c~ shall be required for all agricultural operations except as exempted by~'-~4.:~-,~ .. ~.~. u ..n . ,~,. .~.~': ,~ ,..^~' ~ 6 below.. 2.9.~.5.1. Application. An application for an agricultural clearing permit shall be submitted in the form established by the development services director. Silviculture operations, as defined by this Code, shall require a management plan prepared by a forester or a resource manager (e.g. division of forestry, private or industrial) as part of the application. An application fee in an amount to be determined by the board of county commissioners shall accompany and be a part of the application. The following conditions, as applicable, shall be addressed as part of and attachments to the agricultural land clearing application: (-~ a. If an ST or ACSC-ST overlay is attached to the zoning of the property, an ST development permit has been issued by the development services director. The ST or AC$C-ST Permit review shall be in accordance with Collier County Land Development Code division 2.2, section 2.2.24~ · -... ..... TAL~532626,5 may be simultaneously reViewed with the agricultural clearing permit application. (-2-) b_. The application, including generalized vegetation inventory and clearing plan as outlined in section: 3.9.10.1.B. 1 and site visit (if required) confirm that the proposed use is consistent with the requirement of the zoning district as a bona fide agricultural use and the applicant has been informed of the rezoning restriction which granting the permit shall place on his .property. ~-v c_. The applicant has obtained and produced a copy of the South Florida Water Management District (SFWMD) consmnptive water We permit or exemption, if required by SFWMD. (4) d_.The applicant has obtained and produced a copy of the South Florida Water Management District surface water management permit or exemption, if required by SFWMD. ~ e_. The applicant has obtained and produced a copy of the United States Army Corps of Engineers (ACOE) permit or exemption, if required by the ACOE. (-6-) f. The appliCant has submitted data relating to wetland impacts and protected wildlife species habitat subject to Collier County growth management plan, conservation and coastal management element policies 6.2.9, 6.2.10 and objective 7.3 and associated policies and Collier County Land Development Code division 3.11. This data will be required only when the county's on-site inspection indicates that there are potential or actual impacts to wetlands and to protected federally and state listed wildlife habitat. (--7--) g. The property owner, Or authorized agent, has filed an executed agreement with the development services director, stating that within two years from the date on which the agricultural clearing permit is approved by the development services director, the owner/agent will put the property into a bona fide agricultural use and'pursue such activity in a manner conducive to the successful harvesting of its expected crops or products. The owner/agent may elect to allow the subject property to lie fallow after completing the bona fide agricultural use, for the remainder of the ten-year period required by ............... w/h below. If the clearing is expected to occur over a period greater than two years, this will be stated on the application and may be addressed as a condition on the agricultural clearing permit if determined by staffto be appropriate. (4~ h~ The property owner, or authorized agent, has filed an executed agreement with the development services director stating that the owner/agent is aware that the Collier County bB__oard of~C_ounty ~_ommissioners will not rezone the property described in the agricultural clearing permit for a period of ten years from the date of approval~ agricultural clearing permit by the development services director, less~. · 191 for any such conversions in less than ten years, the converted land shall be restored with native vegetation to the degree required by this Code.' 3.9. ! ! .2. Determination of completeness. a_. Ai%r receipt of an application for an agricultural clearing permit, the development services director or his designee shall determine whether the application submitted is complete. All applicable conditions specified in section 3.9 ..... 1 above must be addressed in order to obtain a determination of completeness. If the application is not complete, the development services director or his designee shall notify the ,applicant in writing of the deficiencies. No further steps to process the application shall. be taken until all of the deficiencies in the application have been met. In addition, ^ determination of completeness or a modified determination of completeness may be made in accordance with the following: Where the applicant submits~ as part of the application for an agricultural clearing permit~ a copy of the completed application for a SFWMD consumptive.use permit or exemption, for a SFWlVlD surface water TAI~532626.5 management permit or exemption, or fo~ an ACOE permit or exemption, as appScablz, a modified determination of completeness may be issued providing that said permits or exemptions are not necessary for further eCounty review and providing that all other deficiencies' in the application have been addressed. 3.9.5.5.3. Criteria for review of application. Review of the application for an agricultural clearing permit shall commence upon ~,smmee-of the determination of completeness or modified determination of completeness ~.~.~ ~. :,r^...,~.+;^_. .· ~'~'"'. +*'. ~ .... ~:~'~'"+ The following criteria shall be utilized by staffin reviewing an application for issuance of an agricultural clearing pemfit: ~..a_. An on-site inspection has been made by staff, if indicated. ~.b_. Environmental impacts, including wetlands and protected wildlife species habitat(s) shall have been addressed in accordance with the requirements of the Collier County growth management plan and the Land Develop Code, as may be amended from time to time. 192 AGENDA ITE~ FE61[ TAI.g532626.5 c_ Additional da~a and or information required by the e(~_ounty to address environmental impacts shall be submitted by the applicant 3.9.5.5.~. Issuance of permit. After an application for an agriCultural clearing permit has been reviewed in accordance with 6eet~s-3~.~.-~ 3 ~bove, the development services director or his designee shall grant the permit, grant ith diti d y th it i writi "':+~':- w con onsor er] e perm , n n& ....................... · '""'"'""'' ""I:::. "' ""'"'""'P"~"'"~'"' 't"l"""'""'""'""' '""" "~" '"'~'"'"""""'"~'"'"' "'"'""'"'"'"'",~ I'.'''''''--~-- -, ',-',. · · ·- -- ~ .. ~.,.,,,.,,.,u ,,,, ,. ,~ ~i...,_F,,.,,,.*,,.~.,,. clearing permit is denied, thc letter shall state the reason(s) for said denial. 3.9.5.5.5. Renewal of agricultural clearing permit. An approved agricultural clearing permit is valid for five years and may be automatically renewed for five-year periods providing that a notification in writing is forwarded to the development services director at least 30 but no more than 180 days prior to thc expiration of the existing permit and providing that the property has been. actively engaged in a bona fide agricultural activity i ..... ; .......~'~ ~C~*;~.~ ~.,.~,~ .../,.~.v..~..,.. '~ i'! ~ ~O I ,.~.~C+l~;~..u /'~`4~...~.,.-,.~v Such notification shall state that the applicant is in compliance with any and all conditions and/or stipulations of the permit. A violation of permit conditions shall [be] cause to void the agricultural clearing permit. Applicants failing to provide' notification as specified herein shall be required to submit a new application for an agricultural clearing permit. 3.9.6.5.6. Exemptions for agricultural clearin8 permit. -L.a_. An agricultural clearing permit is not required for operations having obtained a permit under Ordinance No. 76-42 and which can demonstrate that an approved bona fide agricultural activity was in existence within two years of the permit issuance date, or for operations which can demonstrate that a bona fide agricultural activity was in existence before the effective date of Ordinance No. 76-42. Such demonstrations for exemptions may include agricultural classification records from the property appraiser's office; dated aerial photographs; occupational license for agricultural operation; or other information which Positively establishes the commencement date and the particular location of the agricultural operation. ~.b_. Upon issuance of an agricultural clearing [permit] or as exempted activities necessary for the ongoing bona fide agricultural use and 193 [above. nos ITT.~ -' FEB ! maintenance shall be exempted fi.om obtaining additional agricultural clearing permits for that parcel providing that the intent, use and scope of said activities remain in accordance with the ongoing agricultttral cleating permit or exemption. Ongoing bona fide agricultural activities that qualify for this exemption as described in this section may include but are not limited to clearing for, around or in dikes, ditches, canals, reservoirs, swales, pump stations, or pens; removal of new growth, such as shrubs or trees, from areas previously permitted or exempted fi'om this section; fire line maintenance; approved wildlife food plots; or other activities similar in nature to the foregoing. Fences, buildings and structures requiring a building permit shall be exempt fi.om an agricultural clearing permit but must obtain a vegetation removal permit. ~. c_. No agricultural clearing permit shall be required for protected vegetation that is dead, dying or damaged beyond saving due to natural causes also known as acts of God ..... :a:-- provided that: aq'l) The development services director is notified in writing within two business days prior to such removal and the county makes no objection within said two business days; b~l The tree is not a specimen tree; e43) The vegetatiOn is not within an area required to be preserved as a result of a required preservation, mitigation or restoration program; d-:(4) The parcel is currently engaged in bona fide agriculture, as defined by this Code. e45) No agricultural clearing permit shall be required for the removal of any vegetation planted by a farmer or rancher which was not Planted as a result of a zoning regulation or a required mitigation or restoration program. LAND CLEARING NOTICE. No later than 60 days prior vegetation removal as part of agricultural operations that fall within the scope of sections 163.3162(4) or 823.14(6), Florida Statutes, the Property owner shall provide notice to the environmental services director that the removal will occur. Said notice shall include the following information: 1. a legal description of the land cleared, or such other description as is sufficient to document the specific location of the cleared land; 2. the date on which land clearing will begin; 3. the date on which land clearing is expected to be completed; 4. a vegetation inventory identifying the acreage of existing native vegetation on site pr/or to any site clearing; and 5 a signed agreement acknowledging the 25-year prohibition on the creation of TDR Credits from land cleared for agricultural operations after June 19, as set forth in Section 2.6.39.3.D.2; and TAI~532626.5 194 TAI.f1532626.5 if the land is outside the RLSA, a signed agreement acknowled~ng that_, if the land being cleared for agricultural operations is converted to a non- agricultural uses within 25 years after the clearing occurs, the property .qhall become subiect to the requirements of Sections 3.9.4 through 3.9.6, provided in Section 3.9.3.1.C. ......... :mpre; ; A ~,,;~+~,-,~ -',1,,,., ,,T,,~11 k~ ~,,I.,~;++~A +.~. +1.,~ A~..,~I~.~..,+ o~... ' 195 FEB 1 1..'200 3.9.11. ENFORCE~NT 3.9.5.~1 ~.1~ PEN~ES. A. ~S. 1. ~e faille of a prope~y o~ or ~y oth~ p~on to obt~n ~ approv~ -~ ........ clc~ng pe~it as required in~.~..~*~ ~.~ ~ ~.~.~.~ ~ ~ ~s Di~sion sh~l consti~tc a misdcmc~or ~d each protected living, woodyPl~t, consti~t~g prot~tive vegetation, removed in violation offs Code shall co~ti~te a sep~ate ~d distinct offense ~d upon convic~on shall be p~shed by a fine not to excee~ $500.00 per Violation or by imp~so~t in ~e co,Will not to exceed 60 days, or by both such fine ~d imp~so~ent. ~ addition to or lieu of the penalties provided by ~eneral law for ~olation of ordin~ces~ bo~d of county co~issioners may ~ng inj~ctive action to enjo~ re, oval of vegetation ~ violation o~s Code. 2. ~e f~l~e ora prop~y o~ or ~y o~er person~ who obtains ~ a~cul~al citing Oe~it or orovides notice ofa~cul~al cle~E p~su~t to Section 3.9.10.2~ to put ~e subject presses into a bona. fide a~cul~al usc ~ ..... :~: .... ~:~ 2 9 ~ 5 ~ ~ sh~l cons~te a ~ .... 1 ..... , .... :~*'~ ":'~*~- ~d ach p~ot~cted ]~ng woody const~fing protective vegetation, removed ~ ~o]afion of ~s Code constitute a sep~ate ~d distinct offense ~d upon conhction sh~l be TAL~532626.$ 196 FEB ,1 1200 punished by a fine not to exceed $500.00 per violation or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. In addition to or in lieu of the penalties provided by general law for violation of ordinances, the board of county.commissioners may bring injunctive action to enjoin the removal of vegetation in violation of this Code. ,~j .,.,.,,,1.,.,.,.~,., .... w,,,, .,,,, ~,,,,, w,.,,,,,~,,j j~., a,,,.,, ~,., ,.~,,'w',..,., ,.,,, ,~...j,~, v, ,,,j ,,.,,.,....., ,.,,.,,.,,,. ~, ,.,~,-,.. -,a,,b',...,.,.,'.,'-,~.-,.'--,,. ,,,~, ..... ,,,.., ',.,a .,. ....... ,..~,,.,,' .~,,.,,,a.~,,a .... t"'"'"'' "'"'~ '"'~ B.a. RESTORATION STANDARDS. If an alleged violation of this Code has occurred and upon agreement between the development services director and the violator, or if they cannot agree, then, upon conviction by the court or the code enforcement board, in addition to any fine imposed, a restoration plan shall be ordered in accordance with the following standards: ,'~.A.;.__..~ ~ The restoration plan shall include thc following minimum planting standards: (4-) a. In the successful replacement of trees illegally removed, replacement trees shall be of sufficient size and quantity to replace the dbh inches removed. Dbh is defined for the purposes of this ordinance as diameter of the tree, measured at a height of 4.5 feet above natural grade. (--3-) b. Each replacement tree shall be Florida grade No. 1 or better as graded by the Florida department of agriculture and consumer service. (-3-) c.All replacement trees shall be nursery grown, containerized and be a' minimum of 14 feet in height with a seven foot crown spread and have a minimum dbh of three inches. (4-) d_.Replacement trees shall have a guarantee of 80 pement survivability for a period of no less than three years. A maintenance provision of no less than three years must be provided in the restoration plan to control inVasion of eXotic vegetation (those species defined as exotic vegetation by the Collier County Land Development Code). (--5) e_It shall be at the discretion of the development services director to allow for any deviation from the above specified ratio.. ,~,..;Z. In the event that identification of the species of trees is impossible for ta reason on the property where protected trees were unlawfully removed, it shall be presumed that the removed trees were of a similar species mix as those found on adjacent properties. 197 TAL#532626.5 (-G-)3.The understory vegetation shall be restored to the area from which protected trees were unlawfully removed. The selection of plants shall be based on the characteristics of the Florida Land Use, Covers and Form Classifications System (FLUCCS) code. Shrubs, ground cover, and grasses shall.be restored as delineated in the FLUCCS code. The species utilized shall be with relative proportions characteristic of those in the FLUCCS code. The exact' number and type of species required may also be based upon the existing indigenous vegetation on the adjacent property at the discretion of the development services director. ' (:1;04_. If the unlawful removal of trees has caused any change in hydrt~l~gy, ground elevations or surface water flows, then the hydrology, ground elevation or surface water flows shall be restored to pre-violation conditions. ~)5. In the event of impending development on property where protected'trees were unlawfully removed, the restoration plan shall indicate the location of the replacement stock consistent with any approved plans for subsequent development. For the purposes of this ordinance, impending development shall mean that a developer has made application for a development order or has applied for a building permit. ~)6. he development services director may, at his discretion, allow the replacement stock to be planted off-site where impending development displaces areas to be restored. In such situations, off-site plantings shall be on .lands under the control of a public land and/or agency. The off-site location shall be subject to the approval of the development services director. (0)7. The donation of land and/or of funds under the control ora public agency may be made if none of the above are viable alternatives. This donation of land and/or funds shall be equal to or greater than the total sum it would cost to restore the area in which the violation occurred. (Preservation of different contiguous habitats is to be encouraged.) 3.9.4.9.11.2. CORRECTIVE MEASURES FOR ENVIRONMENTAL VIOLATIONS. A. MITIGATION TAL~532626.5 1. The person(s) responsible fOr violations of the environmental sections of the Land Development Code shall be notified-according to section 1.9.5 and shall have 30 days to prepare a mitigation plan that is acceptable to the county to resolve the violation. The mitigation plan shall be submitted to development services staff for review and comment. Once the plan is accepted by development services, the responsible party shall have 15 days to complete the mitigation unless other arrangements are specified and agreed upon in the mitigation plan. 2. Mitigation shall restore the area disturbed unless the responsible party demonstrates that off-site mitigation will successfully offset the impacts b mitigated for.-Off-site mitigation shall be on lands under the control ora public agency, or identified for public acquisition, or on lands protected fi 198 furore development. Ratios for off-site mitigation shall be as follows: two to one for uplands and three to one for wetlands. 3. The selection of plants to be used shall be based on the characteristics of the Florida Land Use, Covers and Forms Classification System (FLUCCS) code. The exact number and type of species required may vary depending on the existing indigenous vegetation found at the site. 4. If only trees were removed and the understory vegetation was not disturbed, then replacement of the dbh (diameter at breast height) in inches removed shall be required. 5. If the violation has caused any change in hydrology, ground elevations or surface water flows, then the hydrology, ground elevation or surface water flows shall bc restored to pre-violation conditions. 6. If the violation consists of clearing of residential, single-family (RSF), village residential (VR) or estates (E) or other non agricultural, non commercially zoned land in which single-family lots have been subdivided for single-family use only, and one acre or less of land is being cleared by the property owners tbemselves in advance of issuance of building permit, the development services director may, in lieu of restoration or donation, impose a penalty fee · in the amount equal to double the cost of a typical building permit. 3.9.5.9. !. B. REQUIREMENTS FOR A MITIGATION PLAN. 1. A copy of the deed, contract for sale or agreement for sale or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land, or permission fi.om the landowner to mitigate on his or her site shall be provided. 2. The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in section 3.8.4. 3. The plan shall designate the person's name, address and telephone number that prepared the plan. 4. A north an'ow, scale, and date shall be required on the plan. 5. Existing vegetation areas shall be shown. 6. The proposed planting areas shall be clearly defined.. 7. The plan shall denote the number and location of each plant to be planted, or for the case of ground covers, show them in groupings. Large mitigation areas may be designated by a more simplified method. 8. All plants proposed shall be denoted by genus, species, and the common 9. The plan shall identify what is adjacent to the mitigation areas, i.e. existing forest (provide type), farm, natural buffer area, lake, etc. ~ C. SITE-SPECIFIC REVIEW CRITERIA. 1. All plants used for mitigation shall be native Florida species. TALIt532626.5 1 99 AC.,OOA FEB ll 200, 2. All plants used for mitigatiOn shall be fi.om a legal source and be graded Florida NO. 1 or better, as graded by the Florida DePartment of Agriculture and Consumer Services' Grades and Standards for Nursery Plants (Charles S. Bush, 1973, Part 1 and 2). All plants not listed in Grades and Standards for Nursery Plants shall conform to a Florida No. 1 as to: (1) health and vitality, (2) condition of foliage, (3) root system, (4) fi.eedom fi.om pest or mechanical damage, (5) heavily branched and densely foliated according to the accePted normal shapes of the species or sport. Trees shall be a minimum of 14 feet tall at the time of planting and shall have a minimum dbh (diameter at breast heigh0 of three inches. 3. The plants proposed for planting must be temperature tolerant to the areas they are to be planted in. The South Florida Water Management District's Xeriscape Plant Guide/I shall be used in determining the temperature tolerances of the plants. TAI.~532626.5 · 4. The existing soil types shall be identified. Plants proposed for planting shall be compatible with the soil type.' The 1954 or the 1992 soil survey of Collier County shall be used to determine if the plants proposed for planting are compatible with the existing or proposed soil types. 5. The source and method of providing water to the plants shall be indicated on the plan and subject to review and approval. 6. A program to control prohibited.exotic vegetation (section 3.9.6.4.1) in the mitigation area shall be required. 3.9.~.9.2. D.a. COUNTY REVIEW OF MITIGATION PLAN. 1. Development services will review the plan based on, but not limited to, the preceding requirements within 15 days. Additional relevant information may be required when requested, 2. Should the county reject the mitigation plan, the reasons will be provided so the applicant can correct the plan and resubmit for county review. 3.9.~.9.~.. E.~. MONITORING AND REPLANTING. 1. A monitoring program shall be required that would determine the survivability by species of the plants used in the mitigation effort. A minimum of five reports will be submitted. Reports shall be due at one-year intervals. 2. Eighty percent survival by species shall be required for a five-year period unless .other arrangements are specified and agreed upon in the mitigation plan. Replanting shall be required each year if the mortality exceeds 20 percent of the total number of each species in the mitigation plan. 3. The soil and hydrological conditions for some mitigation areas may favor some of the plants and preclude others. Should the county and/or consultant ' find that over time, some of the species planted simply don't adjust, the - mitigation plan shall be reevaluated by both the consultant and the coun ~, and a revised plan will be instituted. This condition shall not apply to all 2OO FEB 1. 1 200 mitigation areas and each case will be evaluated individually, based on the supported [supporting] data submitted by the mitigator. ~ F..a. DONATION OF LAND OR FUNDS. The donation of land and/or funds to a public agency may be made if none of the above are viable alternatives. This donation of land and/or funds shall be equal to or greater than the total sum it would cost to mitigate for the violation according to sections 3.9.11.2.A. ~ ~ ,~ n .~ n ,: o ~ including consulting fees for design, and monitoring, installation costs, vegetation costs, earth moving costs, irrigation costs, replanting and exotic removal. 3.9.~.12. APPEAL FROM ENFORCEMENT. Any person who feels aggrieved by the application of this division, may file, within 30 days after said grievance, a petition with the development services director, to have the case reviewed by the Collier County Board of County Commissioners. 3.9.g13. SUSPENSION OF PERMIT REQUIREMENT. The board of county commissioners may, by emergency resolution, suspend the permit requirement for vegetation removal in the aftermath of a natural disaster, such as a hurricane, when the following conditions are met and contained in the resolution: 3.9.&13.1. The suspension is for a defined period of time not to exceed 30 days or as otherwise set by the board of county commissioners. 3.9.&13.2. The vegetation removal is necessitated by disaster related damage. 3.9.~13.3. The suspension is not applicable to vegetation within habitats containing listed species (as regulated in division 3.11). TAL~532626.5 201 FEB 1 1: TAB M 3.11 LISTED SPECIES. TALg532626.5 2O2 DIVISION 3.11. ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION. 3.11.1 GENERAL 3.11.1.1 TITLE AND CITATION 3.11.1.2 PURPOSE 3.11.1.3 APPLICABILITY AND EXEMPTIONS A. GENERAL APPLICABILITY B. EXEMPTIONS 3. I 1.2 EIS AND MANAGEMENT PLANS 3.11.2.1 EXEMPTION 3.11.2.2 EIS 3.11.2.3 MANAGEMENT PLANS A. GENERAL REQUIREMENTS B. REFERENCES 3.11.3 PROTECTIVE MEASURES 3.11.3.1 GENERAL 3.11.3.2 SPECIES SPECIFIC REQUIREMENTS A. GOPHER TORTOISE C. D. E. F. G. H. 3.11.3 PENALTIES FLORIDA SCRUB JAY BALD EAGLE RED-COCKADED WOODPECKER FLORIDA BLACK BEAR PANTHER WEST INDIAN MANATEE LOGGERHEAD AND OTHER LISTED SEA TURTLES DIVISION 3.11. ENDANGERED, THREATENED, OR LISTED SPECIES PROTECTION · ' 3.11.1 GENERAL. 3.11.1.1 TITLE AND CITATION. This division shall be known and may be cited as thc "Collier County Endangered, Threatened, or Listed Species Protection Regulations." -- TAL~$32626.5 ' 203 3.11.1_.2. PURPOSE. The purpose of this division is to protect sp~ies in Collier County, Florida by including measures for protection and/or relocation of endangered, threatened, or species of special concern listed by: A__: Florida Fish and Wildlife Conservation Commission (FFWCC) as endangered, threatened or species of special concern; B._~. United States Fish and Wildlife Service (USFWS) as endangered or threatened; and C._~. Convention of International Trade in Endangered Species of Wild Fauna and Flora (CITES) on Appendix 1, APpendix II, Or Appendix III. 3.11.1.3. ~,m,]~ A un ~vleq-T~Jt~ n~',xr~v t'~on~'lWl' APPLICABILITY AND EXEMPTIONS. A. GENERAL APPLICABILITY. Except as provided in B. below, all new development shall be directed away from listed species and their habitats by complying with the guidelines and standards set forth in this section. EXEMPTIONS. Thc following are exempt from the provisions of this Section: 1. agricultural operations that fall within the scope of sections 163.3162(4) or 823.14(6), Florida Statutes; 2. all development within the RLSA District, except as specifically provided in Section 2.2.27; and 3. all development within the NBMO, except as specifically provided in Section 2.2.31. 3.11.2 ElS AND MANAGEMENT PLANS 3.11.2.1.EXEMPTION. Single-family lots that arc not part of a previously approved subdivision or SDP shall not be required to prepare an EIS or a management plan,. 3.11 .... 2.2 EIS. An ElS is required as set forth in Section 3.8.5.7. The County shall notify the FFWCC and USFWS of the existence of any listed species that may be F ...... .~ ........ ."'~' ........................... .,, ...... !-' .......... 3.11.2.3 MANAGEMENT PLANS. TAL#$32626.5 204 A. GENERAL REQUIREMENTS' A wildlife management plan shall be required for all projects where the wildlife survey indicates listed specieS are utilizing the site. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats and shall incorporate proper techniques to protect listed species and their habitat from the negative impacts of proposed development. B. REFERENCES. The following references shall be used, as appropriate, to prepare thc required management plans; 1. South Florida Multi-Species Recovery Plan, USFWS, 1999. 2. Habitat Management Guidelines for thc Bald Eagle in the Southeast Region, USFWS, 1987. 3. Ecology and Habitat Protection Needs of Gopher Tortoise (Gopheru~ polyphemus) Populations found on Lands Slated for Large Scale Development in Florida, Technical Report No. 4, Florida Game and Fresh Water Fish Commission, 1987. 4. Ecology and Development-Related Habitat Requirements of the Florida Scrub Jay (~4phelocoma coerulescens), Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 1991. 3.11.3 PROTECTIVE MEASURES. All developments subiect to this Division shall adhere to the following: 3.11.3.1 GENERAL. A. In those areas where clustering is permitted, all developments shall be clusterexi to discourage impacts to listed species habitats. B. Open space and vegetation preservation requirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated by human activities. C. Provisions such as fencing, walls, or other obstructions shall be provided to minimize development impacts to thc wildlife and to facilitate and encourage wildlife to use wildlife corridors. D. Appropriate roadway crossings, underpasses, and signage shall be used where roads must cross wildlife corridors. E. When listed species are directly observed on site or indicated by evidence, such as denning, foraging or other indications, priority shall be given to preserving the habitat of that listed species, as provided in Section 3.9.4.1 .C. F. Management Plans shall contain a monitoring program for developments greater than 10 acres. G. Letters of technical assistance from the FFWCC and recommendations fi.om the USFWS shall be deemed to be consistent with the GMP. 0,~ ,,,..,.,,.-'-.,~,.,~ / ,..,,. - ~',,, -,--~'1-,.,~,.~ .-..~ ,,,..,.,.*., ,.,.,.*...,.-' ~--~'.-',--~,.-.' "-'- ,..' ,..~-,.-.'.'. ,-,..' l.,*',.,~,.,.,. ,,,, TAL~532626.5 205 FEB 1 1200 3.11.3.3 SPECIES SPECIHC ~Q~~S. On prope~ wfl~e ~e ~ldlife s~ey establishes ~at listed species ~e utilizing the site or where ~e site is capable of supporting listed species ~d such listed species c~ be ~ticipat~ to potenti~ly occupy the site, the Co~W shall, consistent with the G~, consid~ ~d utilize reco~endations ~d le~ oftec~ical assist~ce from the Florida Fish ~d Wildlife Conservation Commission and written recommendations fi.om the U.S. FiSh and Wildlife Service in issuing development orders. It is reco..tmized that these agency recommendations, on a case by caSe basis, may change the requirements contained herein and any such change shall be deemed to be consistent with this Code. The following specific species management and protection plans shall be applicable, in addition to those required by 3.11.2.3 and 3.11.3.1' 3.11.3.~. A. GOPHER TORTOISE (GOPHERUS POLYPHEMUS). (1..)- All gopher tortoises, their habitats and the associated comensals are hereby protected. It is expressly prohibited to take, which means to harass, harm, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in anY such conduct, any gopher tortoise and to alter, destroy or degrade the functions and values of their natural habitat, unless otherwise provided for in this section. All gopher tortoise burrows are protected and it is prohibited to intentionally destroy or take any such burrow by any means, unless otherwise provided for in this section. tortoises as necessary and provided for in this section. (4~When gopher tortoises are identified on site, .... *~+:~,-,/ ......... + ~. {3.3-Provision is hereby made to allow Personnel authorized by Florida Fish and Wildlife Conservation Commission or Collier County to house and relocate TAI.~532626.5 2O6 FEB 1 1.'200 TAL~532626.5 ~.~..,;,~ ..... ,,.1 ,..,.,,, ...... 1 "T"T.,;~ ~1...11 ~1.. +~ ~11 .... .-I ....1 ..... ~V~l~J*lt r.,,,-...--t,'~"": .... ~,,"'". ,,~,,~: ~ ~,.,,,~*~m the protection/management plan shall include, but not be limited to thc following itcrns: -t-)a. a current gopher tortoise survey, which shall be field-verified by planning services staff; 2-)b. a proposal for either maintaining the population in place or relocating it; ~-)c_. a site plan identifying the boundaries of the gopher tortoise preserve; 4-)d_. the method of relocation if necessary; ~__. the proposed supplemental plantings if needed; Of. a detail of the gopher tortoise preserve fencing; g-)g:, an maintenance plan describing exotic removal and ,. ~ ....... ~, ............. vegetation management; and &)h. identification of persons responsible for the initial and annual protection/management of the tortoises and the preserve area. Suitable gopher tortoise habitat shall be designated on the site plan at the time of the first development order submittal. Suitable habitat preserved on site shall be credited to the preservation requirement as specified in section 3.9.~:4_. of this Code. {50- Suitable habitat shall be defined as having the following characteristics: -1-)a. the presence of well-drained, sandy soils, which allow easy burrowing for gopher tortoise~; g-)b. appropriate herbaceous ground cover (if not present, supplemental food sources shall be planted~.~ 3.)c_. generally open canopy and sparse shrub cover which allow sufficient sunlight to reach the ground,; and 4-)d_. typically, includes the presence of an existing gopher tortoise population. 6. Offsite relocation plans may shall be permitted to meet all or part of the on- site gopher tortoise habitat preservation requirements under the following circumstances: a.) Where suitable habitat does not exist on-site; or, b.) Where a property owner meets the minimum on-site native vegetation preservations requirements of this Code with jurisdictional wetlands and' does not provide appropriate habitat for gopher tortoises as described above; or, AGENDA II'EJd 207 F'Ei~ t! '200/~ c.) Where scientific data has been presented to the community development and environmental services administrator, or his designee, and an environmental professional opinion is rendered that the requirement to provide the required on-site gopher tortoise habitat preservation area will not be conducive to the long term health of the on site population of tortoises. 7. If an off site relocation plan is authorized under one or more of the above conditions, approval of such a plan and associated State permit, shall be obtained fi.om the Florida Fish and Wildlife Conservation Commission. Where appropriate, a combination of on-site preservation and off'-sit~ relocation may be considered. ~ 8. 'When relocating tortoises on site, the density shall be reviewed on a case by case basis and no more than five tortoises per acre will be considered a suitable density. x./..,'~ o When identifying the native vegetation preservation requirement of section 3.9.=57. of this Code for parcels containing gopher tortoises, priority shall be given to protecting the largest, most contiguous gopher tortoise habitat with the greatest number of active burrows, and for providing a connection to off- site adjacent gopher tortoises preserves. All gopher tortoise preserves shall be platted with protective covenants as required by section 3.2.9.2.10. of this Code or, if the project is not platted, shall provide such language .on the approved site development plan ~I .m. en ~ -~:~:^~ :~ ~a~ ... ~, ..... ~ :it -~.:^~ ^r ~.^~,.~. ,^..,~:~o ilt shall be a priority to preserve scrub habitat, when it exists on site, for its rare unique qualities and for being one of the most endangered habitats in Collier County. regardless of whether gopher tortoises are relocated off-site. (-8-) 10. Gopher tortoises shall be removed fi.om all active and inactive burrows located within the area of construction prior to any site improvement, in accordance with the protection/management plan approved by planning services staff. (-9-) 11. Exemptions..Single family platted lots, seven and one-half acres or less in. size, shall be exempt fi.om the requirements set forth in 4 through 10 abov~ when these lots are not a part of a previous developm~-nt which has been required to comply with ""*'~o~*;-.- ~ ................... ,~/4 through 10. However, gopher tortoises shall be protected pursuant to p~a~'ap~ 1, 2 and 3 ,.ca.; .... ';"'~ above. TALg532626.5 B. FLORIDA SCRUB JAY. Habitat preservation for the Florida scrub iay (,~phelocoraa coerulescens) shall conform to the guidelines contained in Technic,1 Report No. 8, Florida Game and Fresh Water Fish Commi.qsion~ 1991. The required management plan shall also provide for a mai.tenance program and specify an appropriate fire or mechanical protocols to maintain the natural scrub communi _ty. The plan shall also outline a public awareness program to edu :ate residents about the on-site preserve and the need to maintain the scrub veg~ iatio~ 208 FEB These requirements shall be consistent with the UFWS South Florida Multi- Species Recovery Plan, May 1999. C. BALD EAGLE. For the bald eagle (Haliaeetus leucocephalus), the required habitat management plans shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain_ types of activities during the nesting season. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan; May 1999. D. RED-COCKADED WOODPECKER. For the red-cockaded woodpecker (Picoides borealis), the required habitat protection plan shall outline measures to avoid adverse impacts to active clusters and to minimize impacts to fora~n~, habitat. Where adverse effects can not be avoided, measures shall be taken to minimize on-site disturbance and compensate or mitigate for impacts that remain. These requirements shall be consistent with the UFWS South Florida Multi- Species Recovery Plan, May 1999. · FLORIDA BLACK BEAR. In areas where the Florida black bear (Urs~e americanusfloridanus) may be present, the management plans shall requirethat- garbage be placed in bear-proof containers, at one or more central locations. The management plan shall also identify methods to inform local residents of the concerns related to interaction between black bears and humans. Mitigation for impacting habitat suitable for black bear shall be considered in the management plan... F. PANTHER. For pmiects located in Priority I and Priority II Panther Habitat areas, the management plan shall discourage the destruction of undisturbed, native habitats that are preferred by the Florida panther (Felts concolor coryi) by directing intensive land uses to currently disturbed areas. Preferred habit8f.~ include pine flatwoods and hardwood hammocks. In turn, these areas shall be buffered from the most intense land uses of the project by using low intensity land uses (e.~.. parks, passive recreational areas, golf courses). Golf courses within tho. RFMU District shall be designed and managed using standards found in that_ district. The management plans shall identify approvriate liv. hting controls for these permitted uses and shall address the opportunity to utilize prescribed burning to maintain fire-adapted preserved vegetative communities and provide browse for white-tailed deer. These requirements shall be consistent with tho. UFWS South Florida Multi-Species Recovery Plan, May 1999, and with the. provisions set forth in this section.. G. WEST INDIAN MANATEE. The management and protection plan~ for the West Indian Manatee are set forth in Section 2.6.22. It. LOGGERHEAD AND OTIlER LISTED SEA TURTLES. The management and protection plans for listed sea turtles shall be as set forth in Division 3.10 3.11.4. PENALTIES FOR VIOLATION: RESORT TO OTHER REMEDIES. Violation of the provisions of this division or failure to comply with any of its requirements shall constitute a misdemeanor. Any person or firm who violates thi., division or fails to comply with any of its requirements shall upon conviction ther, 209 AC=E. NOA ITED~ FEB11 "200 be fined, or imprisoned, or both, as provided by law. Each day such violation. continues shall be considered a separate offense. Each taking of a gopher tortoise shall constitute a separate violation. It is not the intent to include tortoises that may be accidentally injured or killed during an approved relocation procedure that is done by a qualified consultant, in accordance with their protection/management Plan. Any other person, who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. The county, in addition to the criminal sanctions contained herein, may take any other appropriate legal action, including but not limited to injunctive acti°n, to enfome the provisiom of this division. .. TAI~532626.5 210 TAB N DIVISION 6.2 ABBREVIATIONS DIVISION 6.3 DEFINITIONS TAI~532626.$ 211 DMSION 6.2 ABBREVIATIONS AAS~O No change ACSC Big Cwress Area of Critical State Concern ADT through EAB No change EIS Environmental Impact Statement F'DOT through LDR No change NBMO NOAA NRPA PSP RFMU RLSA SDP TDR North Belle Meade Overlay No change Natural Resource Protection Area No change. Rural Fringe Mixed-Use Rural Lands Stewardship Area through SEC No change Transfer of development fights Adverse Impacts: DIVISION 6.3 DEFINITIONS AASHTO through Adult day care No change Impacts generated by land alteration or land use, whether permanent or temporary, which, as a result of an environment or hydrological impact analyses, are likely to or have been shown to have a negative impact on any of the following: listed species and their habitat~ natural reservations and other areas of protected native vegeta~on; wetlands; surface or groundwater; natural waterbodies; air quality, and historic or archcological resources identified by Collier CounW or the State of Florida. Advertising structure through Aeronautics No change TAL~532626.5 21 2 Affordable housing density Bonus Credit: Bottle clUb through Church Cluster Development: through Boathouse, private No change ^ unit representing thc right to increase the density or intensity of development within a Rural Village to an extent equal to that achieved through TDR Credits, up to the minimum required density. [sec.2.2.2½.2.B.3.b] or place of religious worship No change Civic and institutional buildings: Structures developed for and/or used by established organizations or foundations dedicated to public service or cultural activities including, but not limited to, the arts, education, government and religion. Class A residuals through Club, private No change A design technique allowed within residential zoning districts 52, ......,~..~.,.,.,..,.'"I'~+'1~--"1 .... ,.,,,~ or where residential development is an allowable use. This form of development employs a more compact arrangement of dwelling units by allowing for, or requiring as the case may be, reductiOns in the standard or typical lot size and yard requirements of the applicable zoning district, ~ · -~--,~-.,---: ..... · ~.~:.~,~._~, placed in order to: increase common open space; reduce the overall development area; reduce alterations and impacts to natural resources on the site; to preserve additional native vegetation and habitat areas; and, to reduce the cost of providing services, including but not limited to central sewer and water./~ ..... *:~-" ': ~'* x Coastal area planning district through Comprehensive plan No change TAL#$32626.$ 2 13 AGENDA ~'1'~ FEI . f Essential s_Services: TA/_g532626.5 CON District: Lands that are generally depicted on the Future Land Use Map, and more specifically dePicted on the Official Zoning Atlas, as Conservation. [sec.2.2.17] Conceptual site plan through Demolition No change Densi ,ty Blendine: The distribution of the gross density or inte~n_sity allowable on a parcel or parcels throughout those parcels. Density, residential through Development agreement No change Development and production, oil and gas field: Activities and facilities involved in developing petroleum and natural gas resources following successful exploration as defined by or in the context of Florida Statutes and Administrative Code, which may include the construction of all-weather access roads and pads, development drilling, installation of crude oil pipelines, towlines and gathering lines, in-field separation and temporary housing facilities for personnel requisite to' the operation of these facilities and activities. (See Oil extraction and related processing) Development, infill through Environmental advisory board No change Environmental Impact Statement (EIS): A document..~.~ ...... :-~ "~ ~er ............ ~:":~;"- '~ o or documents that provide an objective evaluation of the impacts of a proposed development or other alteration of the existing natural conditions on the natural resources, and environmental quality, and listed species. Environmental quality through Erected No change services and facilities, including utilities, safety serviccs~ and other government services, necessary to promote and protect public health, safetY and welfare, includinl but not limited to the following: police~ flr~1 emergency public park and 'public library facilities; and' all services designed and oPerated to provide water, sewer, ~tricit cable television or communic__! to the general public by providers that have been app] ~ve .,~ 214 F~'~ and authorized according to laws having appropria?o. iurisdiction, and governmental facilities. Established pattern of regular maintenance through ExiSting No change : Exploration, oil and gas: Activities and facilities involved in the search for and subsequent production testing and field delineation of discovered petroleum and natural gas resources as defined by or used in the context of Florida StatuteS and Administrative Code, which may include gebphysieal exploration activities and surveys, construction of temporary access roads and pads, exploratory chilling and the in-field separation and removal of test production. (See Oil extraction and related processing) Facade through Fioridan aquifer system No change Flowway: A natural or manmade swath of land, varying in width and _length. providing for the conveyance of water, primarily - sheet flow, during seasonally wet periods, generally from north to south, and providing beneficial wildlife habitat and .aquifer recharge. Freeze damaged mangroves through Grade No change Greenbelt: A required buffer and open space area surrounding a Rural _.Village. [sec. 2.2.2½.2.B.6] Groundcover through Household income Housing, Affordable: No change One or more residential dwelling units with a monthly rent or monthly mortgage r~ayment, including orooerty taxe--- and insurance, not in excess of 1/12 of 30 percent of an amount which represents 50 percent or less (for very low income), 50 percent to 80 percent (for low income), or 80 percent to 100 percent (for moderate income) of the median adiusted gross annual income for the household a~c published annually by the U.S. Department of Housing an~ Urban Development within the Naples Metropolitan Statistical Area (MSA). (See section 2.7.7.) The term affordable housing includes workforce housing which is limited to owner occupied housing with a monthly _.mortgage payment, including ~roperty taxes and insurm not in excess of 1/12 of 30 percent of an mount which TALg532626.5 215 Housinth Workforce: represents 50 percent to 100 percent of the median .adjusted gross annual income for thc household published annually by the U.S. Department of Housing and Urban Development within the Naples Metropolitan Statistical Area (MSA). (See section 2.7.7.) Owner occupied housing with a monthly pawnent, including property taxes and insurance, not in excess of 1/12 of 30 percent of an mount which represents 50 percent to 100 percent of the median adiusted gross annual income for the household published annually by the U.S. Department of Housing and Urban Development within the Naples Metropolitan Statistical Area (MSA). (See section 2.7.7.) HRS through National Register of Historic Places No change Native Vegetation: Native vegetation means N_native _sSouthern Floridian species as determined by accepted valid scientific references. (.gee identified in section 2.4.4.~- Where this code refers to, or requires retention of, existing native ye~etation, thc term native vegetation is further defined as vegetative community having 75% or less canopy coverage_ of mclaleuca 'or other invasive exotic plant species. Natural Reservation: The term natural reservation refers to large areas set aside. for natural resource protection, conservation and preservation and includes: only Natural Resourc--,- Protection Areas (NRPAs); and, lands desi..treated Conservation on the Collier County Future Land Use Man _includina but not limited to, Everglades National Park, .Cypress National Preserve, Florida Panther National Wildlife Refuge, Fakahatchee Strand State Preserve, Collier-Seminole State Park, Rookery Bay Natior~al Estuarine Research Reserve, Delnor-Wiggins Pass State Recreation Area, and the National Audubon Society's Corkscrew Swamp Sanctuary_. Natural resources No change Natural Waterbody: A naturally occurring lake, pond, lagoon, river, stream creek, or the like, or the Gulf of Mexico and any tidal waters of the gulf including bays, bayous, inlets, canals, or channels. Navigable waterway through Neat cement groUt " No change TAI.g532626.5 216 AC'~-~:)A ITEM FEB l. L 2004 Nei£hborhood Center: A centrally located area within a neighborhood of a Rural Village that may include small-scale service retail and office uses and shall include a public park, square, or green. Neighboring property (blasting) through Nesting zone (sea turtles) No change Neutral LandS: Lands located within the RFMU District th_at are generally depicted located on the Future Land Use Map, and more specifically depicted on the Official Zoning Atlas, Neutral Lands. [see.2.2.2½.3] NGVD through Nonstandard.takeoff minimums No change North Belle/Meade Overlay ONBMO}: Lands located within the RFMU District fhA? are generally depicted on the Future Land Use Map, and more specifically depicted on the Official Zoning Atlas, the North Belle Meade Overlay. [ see. 2.2.31] Nursery, pla~t through Office, medical/clinic No change Oil extraction and related processing: Oil 'and gas exploration, drilling, and production operations and shall not be deemed to be industrial land uses and shall continue to be regulated by all applicable federal, state, and local laws. Oil extraction and related processing includes oil and gas exploration and oil and gan ficld development and production as defined above. On-site through On-site sewage disposal system No change eD ace: ....... F ....~ ................................ o- ~. .;~1,,,4.; ........ +.; ....... .......... ~ .............a,, Areas that are nOt occupied by buildings, impervious parking areas, streets, driveways or loading areas which may be equipped or developed with amenities designed to encourage the use and enioyment of' the space either privately or by the general public. Examples o£open space include: areas of preserved indigenous native vegetation; areas reP]anted with vegetation after construction; ]awns, landscaped areas md greenways; outdoor recreational facilities; and, p]az.a, a~ums, courtyards and other similar public spaces. 'r^l~S32626.s 217 Open Space, Common: Common Opeø Spaee means tIhose areas within or related to a development, not in individually owned lots ef dediøated for p1:1bliø 1:Ise, hat ':A1iøh is designed and intended to be accessible to. and for the common use or enjoyment of, the residents of the development. or the general public. Open Space, Usable: Active or passive recreation areas such as playgrounds, tennis courts. golf courses, beach frontage, waterways, lagoons, floodplains, nature trails and other sil1).ilar open spaces. Usable Open space areas shall also include those portions of areas set aside for preservation of native vegetation aHè m:Jandscaped areas, which are accessible to and usable by residents ofthe development. or the general public. Open water area beyond the perimeter of the site, street right§-of-way, except ,ylieTe deElieateEl aT åOBated fer publie 1:Ise, driveways, off-street parking areas, and off- street loading areas shall not be counted in determining usable open space. Ordinary repain or maintenance through Passenger vehicle No change Pathway: A defined corridor for the primary use of non-motorized travel. Patio through Retail, accessory No change RFMU District: Rural Frin~e Mixed Use District. The area ~enerallv depicted on the Future Land Use Map and specifically depicted on the Official Zonin~ Atlas as the Rural Fringe Mixed Use District. which is generally a transition between the Urban and Estates Desimated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. r sec. 2.2.2~1 RFMU Receivinl!: Lands: Lands located within the RFMU District that are ~enerally depicted on the Future Land Use Map. and more specifically depicted on the Official Zonin~ Atlas. as Receivin~ Lands. rsec. 2.2.2~.2J RFMU SendiD2 Lands: Lands located within the RFMU District that are ~enerally depicted located on the Future Land Use Map. and more specifically depicted on the Official Zonin~ Atlas. as Sendin~ Lands. rsec.2.2.2Y2.4] Right-of-way through Rural subdivision No change AGENDA ITEM No. T AL#S32626.S 218 FEB 1 l' 2004 Pg. ~# ¿ Rural Viii aee: A form of development within RFMU Receivinll Lands that includes the following mixture uses: residential housing tyPes: institutional uses: commercial uses: and. recreational uses and comprised of several neighborhoods designed in a compact nature such that a majority of residential development within comfortable walking distance to the Neighborhood Centers. rsec.2.2.2Ÿ2.2.B1 Safety service facility through Takeout prepared food store No change TDR Credit: A unit representing the rimt to increase the density or intensity of development on a parcel. obtained through a Transfer of Development Rights. r sec. 2.6.391 Temporary dewatering through Trailer, travel No change Transfer of Development Rh~hts: The transfer of development rimts fÌ"om one parcel to another parcel in a manner that allows an increase in the density or intensity of development on the receiving property with a corresponding decrease in the remaining development ri~ts on the sending property. Transfer station through Variance No change Vel!:etatioD. Cøtel!:orv I Invasive Exotic: Invasive exotic ve~etation that is altering native vegetation communities by displacing native plant species. chan~in~ the structure or ecological functions of native plan communities. or hybridizing with native species. Ve2etation. Catel!:orv II Invasive Exotic: Invasive exotic ve~etation that has increased in abundance or ftequency but have not yet altered native plant communities bv displacing native plant species. chancing the structure or ecolocical functions of native plan communities. or hybridizing: with native species. Vel!:etatioD. Exotic: A plant species introduced to Florida. purposefully or accidentally ftom a natural ran~e outside of Florida. The terms Exotic vegetation and Nonnative ve~etation are interchangeable. Exotic ve~etation includes Naturalized V e~etation. and Category I and Category II Invasive Exotics. A ITEM No. T AL#S32626.S 219 FEB 1 ,; 200~ P,. ~~7 ..fo Vel!:etation. r-!ative: A plant species whose naturál range included Florida at the time of European Contact (1500 AD), Vel!:etation.r""!aturalized: Exotic vegetation that sustains itself outside cultivation. but is not prohibited exotic vegetation. Ve2etation. Prohibited Exotic: Category I or Category IT Invasiye Exotic Vegetation limited to the foHowing: specifically include the following: The entÏfø plant, or any part thereef, iBel1:làiag seeds, efthe follo·.viBg: Earleaf acacia (Acacia auriculifonnis). Australian pine (Casuarina spp.). Melaleuca (Melaleuca spp.). Catclaw mimose (Minosa pigra). Downy rosemyrtle (Rhodomyrtus tomentosa). Brazilian pepper (Schinus terebinthifolius). Java plum (Syzygium cumini). Women's tongue (Albizia lebbeck). Climbing fern (Lygodium spp.). Air potato (Dioscorea bulbifera). Lather leaf (Colubrina asiatica). Carrotwood (Cupaniopsis anacardioides). Vegetation map through Viable wetland No change Villal!:e Center: A distinct area within a Rural Vi11a~e that serves as the primary location for commercial uses. including retail and office. and of civic. and govemment uses. Visual runway through Wellfield risk management special treatment overlay zone No change Wetlands: }~ Flat1:lral resouree defined per Collier COlmt)' grQ'.vtß management plan, conserw'atioFl and eoastal ffianagemeøt elemeFlt poliøy 6.2.9. Wetlands as set forth in Section 373.019 Florida Statutes. The terms "Wetlands" and "Jurisdictional Wetlands." as used in this Code. shall be svnonvmous. A quantitative and qualitative measure of the degree to which a lurisdictional wetland provides hydrologic and habitat or other benefits for listed s ecies measur Wetland FUDction: AGENDA ITEM No. TAL#S32626.S 220 FEe 11'2004 pt. ,< L/I J - --=--:'f .._------~---,_._- . the Unified Wetland Mitigation Assessment Method. F.A.C. Chapter 62-345. Wholesale through Zero lot line housing No change AGENDA ITEM No. : TAL#S32626.S 221 FEB 1 1200~ pt. d¥!) ~*~ f' Community Development and Environmental Services Division Comprehensive Planning Department· 2800 North Horseshoe Drive · Naples, Florida 34104 May 19,2005 COLLIER COUNTY GOVERNMENT Sue Filson Executive Manager to the BCC Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 ~f ~.' ,. O~ Ó Drdt~~ Cfp~ ( u; f Z/I/oi) RE: TDR Conservation Easement Dear Ms. Filson: As you know, the Transfer of Development Rights (IDR) program was adopted by ordinance on February 11,2004. Its purpose is to direct growth away fÌ'om environmentally sensitive lands in the Rural Fringe while providing a method of compensation to property owners in these sensitive areas. The method of protection involves the voluntary removal of residential development rights in exchange for IDR credits. Such removal is secured by a TDR Conservation Easement, which is recorded with the Clerk of Courts and attaches to the property, per LDC Section 2.03.07. The attached instrwnent represents the first approved application for TDR severance and the fIrst such Easement to be recorded. As such, it requires the signatures of the County Attorney, the Chairman of the Board of County Commissioners and attestation by the Clerk of Courts. As discussed, this initial letter will advise that the ongoing program will result in many other Easements to be recorded in the future. If you have any questions, comments or concerns related to this or future signature requests, please do not hesitate to contact me. Very 1ruly yours, ~U:~'2- Kris Van Lengen, Senior Planner Comprehensive Planning Department Approved: ~ ~ Stan Litsinget Comprehensive Planning Director Approved~'~ Assistant ounty Attorney c o (~~~ .. T c o .. ... 10 y Phone (239) 403-2300 Fax (239) 643-6968 www.col~~ergo'y.net_.___._ Prepared without opinion of title by, and after recording return to: Douglas A. Lewis, Esquire Roetzel & Andress, L.P.A. Trianon Centre - Third Floor 850 Park Shore Drive Naples, Florida 34103 Tel. 239-649-6200 COLLIER COUNTY TDR CONSERVATION EASEMENT THIS CONSERVATION EASEMENT is conveyed this æday of rFe- tJ . , 2005, by Bonita Bay Properties, Inc., a Florida corporation, having a mailing address of 9990 Coconut Road, #200, Bonita Springs, Florida 34135 ("Grantor"), to Collier County, Florida, a political subdivision of the State of Florida, having a mailing address of ? ;Z L') I ¡::, _ I £-.- /á.H1/a-"",' J;rt<; ( , Naples, Florida -5 d/ / ¿ (the County). RECIT ALS A. The County has adopted amendments to the Future Land Use Element of the Collier County Growth Management Plan ("FLUE Amendments") that are designed to prevent the premature conversion of agricultural lands to other uses and to direct incompatible uses away from wetlands and upland habitat in order to protect water quality and quantity, to maintain the natural water regime, and to protect listed species of fish, plants and wildlife and their habitats. B. The FLUE Amendments delineate a Transfer of Development Rights ("TOR") process in order to provide an equitable method of protecting and conserving the most valuable environmental lands, including large connected wetland systems and significant areas of habitat for listed species of fish, plants and wildlife, while allowing owners of such lands to recoup lost value and development FORM TDR 2 4610]·.(2 potential through an economically viable process of transferring the development rights in such lands to other, more suitable lands. C. The Transfer of Development Rights process permits a landowner to sever development rights attached to the servient lands for transfer as developer credits (verified and registered with the County) (the "TDR Credits") to other lands more suitable for development. A condition precedent to the establishment of the TDR Credits is the grant of a Conservation Easement impressed upon the Sending Lands (as hereafter defined) that restricts uses of such Sending Lands to those uses permitted under Subsection 2.03.08 AA.b of the Collier County Land Development Code. D. The FLUE Amendments include establishment of a land use classification system identified as Sending Lands within the Rural Fringe Mixed Use District ("Sending Lands"). The Sending Lands classification includes those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and/or habitat for listed plant and animal species, such that the Sending Lands are principal targets for preservation and conservation. E. Grantor is the owner in fee simple of certain real property in Collier County, Florida, more particularly described in Exhibit "I" attached hereto and incorporated by this reference ("the Property"). As of the effective date of this Conservation Easement, the Property is designated as a Sending Land on the Future Land Use Map of the Collier County Growth Management Plan. F. Grantor desires to sever the development rights from the Property and to establish TDR Credits therefore in the manner specified in the Collier County Land Development Code. G. County and Grantor have agreed that it is appropriate to maintain the Property predominantly in its natural, open, agricultural or wooded condition and to retain such areas as suitable FORM TOR 2 2 461014,2 habitat for certain species of fish, plants and wildlife by restricting the uses on the Property to those set forth in Section 2.03.08 AA.b of the Collier County Land Development Code. County has agreed to recognize and register 80.024 TOR Credits in exchange for the creation and conveyance of the Conservation Easement on the Property. H. This Conservation Easement is made pursuant to, and in full compliance with, the TOR process established in the FLUE Amendments and Subsections 2.03.07 DA.f of the Collier County Land Development Code to enable the transfer the TDR Credits to other lands and to impose the Conservation Easement on the Property. AGREEMENT In consideration of the mutual covenants, terms, conditions and restrictions contained and imposed by this Conservation Easement, including, but not limited to, the severance of development rights from the Property and the creation of TDR Credits, the parties agree to the following terms and conditions: 1. Recitals. The parties acknowledge that the foregoing recitals are true and correct. 2. Conveyance. Grantor hereby gives, grants, bargains, sells, and conveys to the County, and its successors and assigns, forever, a perpetual Conservation Easement over and across the Property, subject to the terms and conditions stated in this instrument and Grantor fully warrants the title to such Conservation Easement and will defend the same against the lawful claims of all persons whomsoever. FORM TDR 2 3 461014,2 3. Purpose. The purpose of this Conservation Easement is to restrict the development and use of the Property, from which TDR Credits have been severed, in order to promote the protection and conservation of valuable environmental lands and to protect against the premature conversion of the Property from agricultural use. 4. Reserved Right of Possession. Grantor shall have the right to sell, give, or otherwise convey the Property or any portion of the Property, subject to the terms of this Conservation Easement; provided, however, the instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to all of the terms and conditions of this Conservation Easement, and the instrument of conveyance shall incorporate this Conservation Easement by reference, specifically setting forth the date and page of its recording; provided, however, that the failure of any such instrument to comply with the provisions of this paragraph shall not affect the County's rights under the Conservation Easement. 5. Prohibited and Allowed Uses: Grantor and its successors and assigns may use the Property only for uses allowed in Sending Lands where residential density has been transferred, as set forth in the Collier County Growth Management Plan and Subsection 2.03.08 AA.b of the Collier County Land Development Code. 6. Effective Date. This Conservation Easement shall be deemed effective upon the date of its recordation in the Public Records of Collier County, Florida. Prior to the Conservation Easement being effective, the Grantor hereby agrees that it shall not allow any activities on the Property which are contrary to the terms and conditions contained in this Conservation Easement. FORM TDR 2 4 461014,2 7. Enforcement. Pursuant to Section 704.06, Florida Statutes (2003) and the Land Development Code of Collier County, the terms and conditions of this Conservation Easement may be enforced by the County or its respective successors and assigns. This Conservation Easement may be enforced by injunction or proceeding in equity or at law. The ownership of this Conservation Easement by the County or the attempted enforcement of rights held by the County shall not subject the County to any liability for any damage or injury that may be suffered by any person on the Property or as a result of the condition of the Property. 8. Assignment. In the event that the County changes its corporate structure, terminates its existence, or takes any other action that would make County no longer qualified to hold this Conservation Easement pursuant to Section 704.06, Florida Statutes (2003), then County shall immediately assign this Conservation Easement to another governmental body or agency or a charitable corporation or trust as described above who is entitled to hold this Conservation Easement pursuant to Section 704.06, Florida Statutes (2003). 9. General. This Conservation Easement is granted pursuant to the Collier County Land Development Code, and shall be interpreted in accordance with laws of the State of Florida. All headings contained herein are for informational purposes only and shall not be construed as defining or limiting the terms of this Conservation Easement. 10. County's Discretion. The County may enforce the terms of this Conservation Easement at its discretion, but if Grantor breaches any term of this Conservation Easement and the County does not exercise its rights under this Conservation Easement. the County's forbearance shall not be construed to be a waiver by the County of such term, or of any subsequent breach of the same, or any other term of this Conservation Easement, or of any of the County's rights under this FORM TDR 2 5 461014,2 Conservation Easement. No delay or omission by the County in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. The County shall not be obligated to Grantor, or to any other person or entity, to enforce the provisions of this Conservation Easement. 11. Rights of the Public. Nothing contained in this Conservation Easement shall give or grant to the public a right to enter upon or to use the Property or any portion thereof where no such right existed in the public immediately prior to the execution of this Conservation Easement, except as may be granted or expressly authorized by Grantor. 12. Limitation or Severance of Invalid Provisions. If any provlSlon of this Conservation Easement restricting Grantor's activities is determined to be invalid or unenforceable by a court, such provision shall not be rendered a nullity if the provision can be reduced or limited to the extent that the court determines will make it enforceable and effective. If any provision of this Conservation Easement is determined to be completely invalid or unenforceable by a court, such provision shall be severed from the other provisions, and the remaining provisions shall remain enforceable and effective. 13. Modifications. This Conservation Easement may be modified only upon the written consent of both Grantor and the County, or their respective heirs, representatives successors or assigns; provided, however, no modification of this Conservation Easement may be made that would result in this Conservation Easement failing to qualify as a valid conservation easement under Subsection 2.03.07 D.4.f.ii(a)(iii) of the Collier County Land Development Code. 14. Recording. The County shall record this Conservation Easement in timely fashion in the Official Records of Collier County, Florida, and may only rerecord it after the County has provided FORM TDR 2 6 461014,2 Grantor with a Severance of Transfer of Development Rights (TOR) Credit Certificate showing 80.024 TOR Credits in favor of Grantor. Grantor, or such person to whom the Grantor conveys the TOR Credits severed from the Property, shall pay all recording costs and taxes necessary to record this Conservation Easement for the first time in the public records. 15. Successors. The covenants, terms, conditions and restrictions of this Conservation Easement shall run with the title to the Property and shall be binding upon, and inure to the benefit of, the respective parties hereto and their respective personal representatives, heirs. successors and assigns and shall constitute as a servitude running in perpetuity with the title to the Property. IN WIlNESS WHEREOF, Grantor and the County have executed this Conservation Easement on this day and year first above written. Executed and delivered in our presence as witnesses: GRANTOR: Signature: A_"'~J ~~ Printed Name: ~/)LJ~J/ G -rH/A/A/"S /JJ fJ; ~ Signature: , Si~ature=t/tLu ~" . c/^ ? ~ Printed me: John M. Gleeson, Pnnted ~ame: Shirley M. Thomp!!lon ' Bonita Bay Properties. Inc., a Florida corporation ..;...--;. .. STATE OF FLO~ COUNTY OF let/\.. /L n The foregoing instrument was acknowledged before me this L day of ~~ 2005, by John M. Gleeson, Vice President, ~ho is personally known to me or C---> has produced as identification. t:J\ :::~ '''''j EIt*W _:IO,:1)Q7 , \" . L Shirley M. Thompson :)lUA ~/ ~. C!~ ~ C_. Notary Public: State of Florida at Large My Commission Expires: 57 ~/ tJ 7 Commission No.7J "D 2. 0 C, (.) z: 0 FORM TDR 2 461014,1 7 c. Assista~\ çounty' :\ttomey ~^~i~ ~·w~~ FORM TDR 2 461014,2 GRANTEE: Board of County Commissioners of Collier County, Florida By: ~w.[ ~ Fred W. Coyle, Chairm-:(j ~ 8 r- '" I '.: c: ,r9'Or9 :z ~.e~,Lç.OON ,., ~!:- ~ §~ ~ ~... C') rr¡ ""~X ... ~ ' :-I i ¡¡;- » ~~ OJ ~ r- rr¡ ~ CD. ~ ~ VI ~ ....... ....10 !!! ~ ~ ~! ~ ~ ëI ú C') ¡¡ .eo o~~ g'i ii :...:Z:V)~ t\) ~~(") ,Ol'le61 )Þ ìJ:::t M.r~,lr.OON e £~&~ !ä 1"1 VI s;! V) -4 ~ ~ OCXI !!! í+' ~ c: ~ ~ '- ~ i '" g;¡ š '" VI d ~ CD Q ... !!! 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"Ø ~ no~ o"ll~ ~gj£ =~i!: noe¡ oZ ~?~ ~~! oCD~ ~tIJ° 8- Z >=0 (\)"11 ..,z ÞiI < ¡¡¡. :'1 Q o Q 0- ~ o ;T CD o '1'õ CD R- ,..,. a: ~ 0- .., Q :IE ~ :t f'T1 ìJ o Z ~ ~ - o :1 t:x:I o Z - ~ t:x:I :< ~ :;:c o c:: "'C * * Z o Þ-3 > U) c:: ~ ~ * * 0: III !II .ö. ~ EXHIBIT 11111 Page 2 of 2 d~> r-l/)ìJ 5:-i~ ~()() -. þ2 ~ Co ~.." ()r- a> c:<: <:CJ ~r- :<~ <: ~G) a- ::0<: 6l/) >f'T1 cog !:!!a <:<: G) - ~,!)) o ~d ìJ~ >l/) ::O:r: ~- ()ìJ c:~ ~O;¡ ::0 VI r-o -<c: CJ:t f'T1. VI ()::o ::0> -<: CDG) 81"'1 >N l/)~ r- 1"'1 ~ r- CJ ~ ~ ::¡j ~ a <: Prepared by and return to: David L. Cook, Esq. Henderson Franklin Starnes & Holt, P.A. 9990 Coconut Road, Suite 101 Bonita Springs, FL 34135 Joinder and Consent of Mortgagee in Collier County (Number ~ This Joinder and Consent of Mortgagee is made this ~ day of I"tt c¡ , 20~ by SUNTRUST BANK, f7k/a SunTrust Bank, Central Florida, N.A., ("Mortgag~e"), whose address is 200 South Orange Avenue, Orlando, Florida 32801, as the owner and holder of a certain Amended and Restated First Mortgage and Security Agreement and Spreader Agreement (Collier County) executed by BONITA BAY PROPERTIES, INC., a Florida corporation ("BBP!"), LONG BAY PARTNERS LLC, a Florida limited liability company ("LONG BAY"), BONITA BAY LIMITED PARTNERSHIP, a Florida limited partnership ("BBLP"), and RESOURCE CONSERVATION SYSTEMS, INC., a Florida corporation ("RCSI"), whose address is 9990 Coconut Road, Suite 200, Bonita Springs, Florida 34135, Attention: David Lucas, dated April 14, 1998 and recorded April 20, 1998 in Official Records Book 2410, page 2828, as amended by that certain Amendment dated effective August 16, 1999 and recorded August 25, 1999 in Official Records Book 2585, Page 0855, and as further amended by that certain Second Amendment dated effective February 28, 2001 and recorded April 26, 2001 in Official Records Book 2814, page 1231, all of the Public Records of Collier County, Florida, ("Mortgage"); Assignment of Leases and Revenues fÌ"om BBPI, Long Bay, BBLP and RCSI to Lender dated April 14, 1998 and recorded April 20, 1998 in Official Records Book 2410, page 2852, as amended by that certain Amendment to Assignment of Leases and revenues dated effective August 16, 1999 and recorded August 25, 1999 in Official Records Book 2585, Page 0859, and as further amended by that certain Second Amendment dated effective February 28, 2001 and recorded April 26, 2001, in Official Records Book 2814, page 1237, all of the Public Records of Collier County, Florida, ("Assignment"); and UCC-l Financing Statement fÌ"om BBPI, LONG BAY, BBLP and RCSI as "Debtors" to Mortgagee as "Secured Party" dated April 14, 1998 and recorded April 20, 1998 in Official Records Book 2410, Page 2865, as amended and continued in Official Records Book 3270, Page 775 and UCC-l Financing Statement fÌ"om BBPI, LONG BAY, BBLP, BONITA BAY REALTY, INe., BROOKS REALTY, INC., RCSI, and MEDITERRA REALTY, INe., as Debtors, to Mortgagee as "Secured Party", recorded October 19, 1999 in Official Records Book 2602, Page 2650, all of the Public Records of Collier County, Florida, all referring to original Financing Statement File No. 980000088346, filed on April 21, 1998 ("Financing Statement"). Mortgagee, in consideration of the sum of TEN ($10.00) DOLLARS and other good and valuable consideration, the receipt of which is acknowledged by this document, hereby joins in and consents to the execution of the Easement to which this Joinder and Consent is attached and, by said Joinder and Consent, agrees to subject the lien of the Mortgage, Assignment and Financing Statement' to the Easement, which shall not be modified without the prior written consent of SunTrust Bank. SUNTRUST BANK :~t~'?l!S~...ÇC;?~/' Its: v,<('.e A c..-, STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this ~ day of ""Ai, 20.Q;i,by AlhJ Lù¿5T&J6AR6eR as 'trC.£ ~~of SUNTRUST BANK, on behalf of the Bank, who is personally known to me. Jod.UXL ~:tnJ}4C>S NOTARY PUBLIC Printed Name: FADLùA m. DA'6:ï5 My Commission Expires: f..fA'I III aDO,., (Notary Seal) 11; FedwII MDIMa . . My CommIaIIon OO21122t \; ~ ExpIrn Mey ", 2007 F:\BBData\Docs\BBPI SunTrust Mtg\Partial Releases and Joinders\joinder and consent coJlier county HF 02,OS.rtf OS/23/2005 14:02 FAX IaJ 002/002 CERTIFICA TE OF AUTHORITY AND INCUMBENCY I, Cathy HOffia Arther, Assistant Corporate Secretary of SunTrust Bank, hereby certify tbat Alan B. Westenbarger is the duly-elected Vice President of SWlTrust Bank and that pursuant to the authority granted under tbe Bylaws of SunTl1lst Bank, he has the authority to enter into agreements and execute instruments, including, but not limited to, all agreements, indentures, mortgage, deeds, conveyances, transfers, certificates, declarations, receiptc¡, discharges, releases, satisiàctions, settlements, petitions, schedules, accounts, affidavits. and other instruments on behalfofSWlTrust Bank and that same authority remains in full force and effect. IN WITNESS WHEREOF, I have subscribed my name and affixed the seal of the SunTrust Bank. ,. ......:,'~,,.:,..,:..., " t) ~%l. ~~~AL) "."';."~ ~ ~ '.or." """ " T#1r "'." j'. State of Florida County of Orange The foregoing instrument was acknowLedged before me this 23rd day of May 2005 by Cathy Homa Arther, Assistant Corporate Secretary ofSWlTrust Bank, a state bank. She is personally known to me. .. bS<flf.. C Notary Public u My Commission Expires:¡¡-Iq.-ð6 MII8 ~ D01'" r:.~ toW~14.2OOI ,';1 ~.-.'-- , ..'.,,",=.__...._---~" ,-,--, ORDINANCE NO. 04- 0 R 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 2, ZONING, DIVISION 2.2, ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, INCLUDING REVISIONS TO THE RURAL AGRICULTURAL DISTRICT, ADDING THE RURAL FRINGE MIXED USE DISTRICT, INCLUDING REVISIONS TO THE ESTATES DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL SINGLE-FAMILY DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL MUL TIPLE-F AMIL Y -6 DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL MUL TIPLE- FAMIL Y-12 DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL MULTIPLE-FAMILY-16 DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL TOURIST DISTRICT, INCLUDING REVISIONS TO THE VILLAGE RESIDENTIAL DISTRICT, INCLUDING REVISIONS TO THE MOBILE HOME DISTRICT, INCLUDING REVISIONS TO THE COMMERCIAL PROFESSIONAL AND GENERAL OFFICE DISTRICT, INCLUDING REVISIONS TO THE COMMERCIAL CONVENIENCE DISTRICT, INCLUDING REVISIONS TO THE COMMERCIAL INTERMEDIATE DISTRICT, INCLUDING REVISIONS TO THE GENERAL COMMERCIAL DISTRICT, INCLUDING REVISIONS TO THE HEA VY COMMERCIAL DISTRICT, INCLUDING REVISIONS TO THE INDUSTRIAL ZONING DISTRICT, INCLUDING REVISIONS TO THE CONSERV A TION DISTRICT, INCLUDING REVISIONS TO THE PUBLIC USE DISTRICT, INCLUDING REVISIONS TO THE COMMUNITY FACILITY DISTRICT, INCLUDING REVISIONS TO THE PLANNED UNIT DEVELOPMENT DISTRICT, INCLUDING REVISIONS TO THE RURAL LANDS STEWARDSHIP AREA OVERLAY DISTRICT, ADDING THE NATURAL RESOURCE PROTECTION AREA OVERLAY DISTRICT, ADDING THE NORTH BELLE MEADE OVERLAY DISTRICT, DELETING THE INTERIM DEVELOPMENT CONTROLS (MORATORIUM) FOR THE V ANDERBIL T BEACH RESIDENTIAL TOURIST (RT) ZONING DISTRICT; DIVISION 2.3, OFF-STREET PARKING AND LOADING, INCLUDING REVISIONS TO PASSENGER VEHICLE PARKING IN CONJUNCTION WITH RESIDENTIAL STRUCTURES, INCLUDING REVISIONS TO OFF- STREET LOADING REQUIREMENTS; DIVISION Page I of 1 74 Words stnlek through are deleted, words underlined are added 2.4, REVISIONS TO LANDSCAPING AND BUFFERING; DIVISION 2.5, SIGNS, INCLUDING REVISIONS TO REAL ESTATE, AND POLE OR GROUND SIGN REQUIREMENTS; DIVISION 2.6 SUPPLEMENT AL DISTRICT REGULATIONS, INCLUDING REVISIONS TO EXCLUSIONS FROM HEIGHT LIMITS, INCLUDING ESSENTIAL SERVICES, INCLUDING REVISIONS TO BOATHOUSE REQUIREMENTS, INCLUDING REVISIONS TO TEMPORARY USE PERMITS, INCLUDING REVISIONS TO COMMUNICATION TOWERS, INCLUDING REVISIONS TO KITCHENS IN DWELLING UNITS, ADDING TRANSFER OF DEVELOPMENT RIGHTS, ADDING DENSITY BLENDING; DIVISION 2.7, ZONING ADMINISTRATION AND PROCEDURES, INCLUDING REVISIONS TO PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, INCLUDING REVISIONS TO CONDITIONAL USE PROCEDURES; ARTICLE 3, DEVELOPMENT REQUIREMENTS, DIVISION 3.2, SUBDIVISIONS, INCLUDING REVISIONS TO APPLICABILITY, SUBDIVISION REVIEW PROCEDURES, PRELIMINARY SUBDIVISION PLAT, IMPROVEMENT PLANS, AND FINAL SUBDIVISION PLAT REGULATIONS; DIVISION 3.3, SITE DEVELOPMENT PLANS, INCLUDING REVISIONS TO EXEMPTIONS, INCLUDING REVISIONS TO SITE DEVELOPMENT PLAN REVIEW (SDP) PROCEDURES; DIVISION 3.5 EXCAVATION, INCLUDING REVISIONS TO LITTORAL SHELF PLANTING AREA AND EXCAVATION REVIEW PROCEDURES; DIVISION 3.8, INCLUDING REVISIONS TO ENVIRONMENT AL IMP ACT STATEMENTS; DIVISION 3.9, INCLUDING REVISIONS TO VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.11, INCLUDING REVISIONS TO ENDANGERED, THREA TENED OR LISTED SPECIES PROTECTION; DIVISION 3.12 COASTAL ZONE MANAGEMENT, INCLUDING REVISIONS TO DEVELOPMENT STANDARDS AND REGULATIONS; DIVISION 3.15, INCLUDING REVISIONS TO ADEQUATE PUBLIC FACILITIES; AND ARTICLE 6, DEFINITIONS, DIVISION 6.2 ABBREVIATIONS; DIVISION 6.3, INCLUDING REVISIONS TO DEFINITIONS; APPENDIX D, AIRPORT ZONING; 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 Page 2 of 174 Words stnwk through are deleted, words underlined are added 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 third 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 December 10,2003, January 7, 2004, January 29, 2004, February 11, 2004, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, 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 Page 3 of 174 Words strode through are deleted, words underlined are added 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. I63.3194(I)(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. 163.3I94(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 I63.3194(3)(b). Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991 and may be amended twice annually. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within the total unincorporated are of Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect human, 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 Page 4 of 174 Words struck throügh are deleted, words underlined are added 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 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, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS 2.2.2.2.1. Permitted uses. 1. Single-family dwelling. 10. Schools, public, including"Educational Plants." 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 section 2.7.4.: 1. Extraction or earthmining, and related processing and production not incidental to the agricultural development of the property. 28. Ancillary_ Plants. 2.2.2.4.3. Minimum yard requirements. 1. Front yard. 50 feet. 5. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. Page 5 of 174 Words struc!c thrc,',:gh are deleted, words underlined are added b. For accessory structures: 25 feet from all property lines. 2.2.2¼. RURAL FRINGE MIXED-USE DISTRICT (RFMU DISTRICT) 2.2.2½.1 PURPOSE AND SCOPE. The purpose and intent of the RFMU District is to provide a transition between the Urban and Estates Designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. The RFMU District employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development. The RFMU District allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses and essential services deemed necessary_ to serve the residents of the RFMU District. The innovative planning and development techniques which are required and/or encouraged within the RFMU District were developed to preserve existing natural resources, including habitat for listed species, to retain a rural, pastoral, or park-like appearance from the major public rights-of-way, and to protect private property_ rights. A. ESTABLISHMENT OF RFMU ZONING OVERLAY DISTRICT. In order to implement the RFMU designation in the future land use element (FLUE) of the GMP, the RFMU District, to be designated as "RFMUO" on the Official Zoning Atlas, is hereby established. The lands included in the RFMU District and to which the Section 2.2.2V~ apply are depicted by the following map: LEE COUNTY RURAL FRINGE AREAS ~ IMMOKALEE ROAD ,' RANDALL BLVD GOLDEN GATE BOULEVARD Page 6 of 174 Words :tvac~.: t~rcug~ are deleted, words underlined are added B. EXEMPTONS. The requirements of Section 2.2.2~/2 shall not apply to, affect or limit the continuation of existing uses. Existing uses shall include those uses for which all required permits were issued prior to June 19, 2002, and projects for which a Conditional use or Rezone petition has been approved by the County_ prior to June 19, 2002, or land use petitions for which a completed application has been submitted prior to June 19, 2002. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses. Hereafter, such previously approved developments shall be deemed to be consistent with the Plan's Goals, Objectives and Policies and for the RFMU District, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed consistent with the Plan's Goals, Policies and Objectives for the RFMU District as long as they do not result in an increase in development densi _ty or intensity. C. ORDINANCE SUPERCEDED. Ordinance Number 98-17 is hereby expressly superceded. Any development in the area formerly subiect to that ordinance shall henceforth conform to the provisions of this Section and all other provisions of this Code that are applicable to development within the RFMU District. 2.2.2¼.2 RFMU RECEIVING LANDS. RFMU Receiving Lands are those lands within the RFMU District that have been identified as being most appropriate for development and to which residential development units may be transferred from RFMU Sending Lands. Based on the evaluation of available data, RFMU Receiving Lands have a lesser degree of environmental or listed species habitat value than RFMU Sending Lands and generally have been disturbed through development or previous or existing agricultural operations. Various incentives are employed to direct development into RFMU Receiving Lands and away from RFMU Sending Lands, thereby maximizing native vegetation and habitat preservation and restoration. Such incentives include, but are not limited to: the TDR process; clustered development; density bonus incentives; and, provisions for central sewer and water. Within RFMU Receiving Lands, the following standards shall apply, except as noted in paragraph 2.2.2~A.1 above, or as more specifically provided in an applicable PUD. A. OUTSIDE RURAL VILLAGES 1. NBMO Exemption. Except as specifically provided herein NBMO Receiving Lands are only subject to the provisions of Section 2.2.31. 2. Maximum Densi_ty. a. Base Density. The base residential density allowable within RFMU Receiving Lands, exclusive of the applicable Density Blending provisions set forth in Section 2.6.40, is one (1) unit per five (5) gross acres (0.2 dwelling units per acre) or, for those legal nonconforming lots or parcels in existence as of June 22, 1999, one (1) unit per lot or parcel. b. Additional Densi _ty (1) TDRS. Outside of Rural Villages, the maximum densi _ty achievable in RFMU Receiving Lands through the TDR process is one (1) dwelling unit per acre. (a) Clustering Required. Where the transfer of development rights is employed to increase residential densi _ty within RFMU Receiving Lands, such residential development shall be clustered in accordance with the following provisions: Central water and sewer shall be extended to the project. Where County sewer or water services may not be available concurrent with development in RFMU Receiving Lands, interim private water and sewer facilities may be approved. ii. The maximum lot size allowable for a single-family detached dwelling unit is one acre. iii. The clustered development shall be located on the site so as to provide to the greatest degree practicable: protection for listed species habitat; preservation of the highest quali _ty native vegetation; connectivity to adjacent natural reservations or preservation areas on adjacent developments; and, creation, maintenance or enhancement of wildlife corridors. (b) Minimum Project Size. The minimum project size required in order to receive transferred dwelling units is 40 contiguous acres. Page 7 of 174 Words sWack through are deleted, words underlined are added (c) Emergency Preparedness. In order to reduce the likelihood of threat to life and property_ from a tropical storm or hurricane event any development approved under the provisions of this section shall demonstrate that adequate emergency preparedness and disaser prevention measures have been taken by, at a minimum: i. Designing community facilities, schools, or other public buildings to serve as storm shelters if located outside of areas that may experience inundation during a Catee;o _fy 1 or worse storm event. While the need to utilize such shelters will be determined on a case-by-case basis, areas which are susceptible to inundation during such storm events are identified on the Sea, Lake, and Overland Surge from Hurricane (SLOSH) Map for Collier County. ii. Evaluating impacts on evacuation routes, if any, and working with the Collier County Emergency Management staff to develop an Emergency Preparedness Plan to include provisions for storm shelter space, a plan for emergency evacuation, and other provisions that may be deemed appropriate and necessary to mitigate against a potential disaster. iii. Working with the Florida Division of Forestry., Collier County Emergency Management staff, and the managers of any adjacent or nearby public lands, to develop a Wildfire Prevention and Mitigation Plan that will reduce the likelihood of threat to life and property from wildfires. This plan shall address, at a minimum: project structural design; the use of materials and location of structures so as to reduce wildfire threat; firebreaks and buffers; water features; and, the rationale for prescribed burning on adjacent or nearby lands. (2) Additional Density. Once the maximum density is achieved through the use of TDRs, additional density may be achieved as follows: (a) A density bonus of 0.1 unit per acre shall be allowed for the preservation of additional native vegetation as set forth in Section 3.9.4.5.A. (b) A densi _ty bonus of 0.1 units per acre shall be allowed for projects that incorporate those additional wetlands mitigation measures set forth in Section 3.9.5.3.B.2. 3. Allowable Uses a. Uses Permitted as of Right. The following uses are pernfitted as of right, or as uses accessory_ to permitted uses: (1) Agricultural activities, including, but not limited to: Crop raising; horticulture; fruit and nut production; forestry_; groves; nurseries; ranching; beekeeping; poultry_ and egg production; milk production; livestock raising, and aquaculture for native species subject to the State of Florida Game and Freshwater Fish Commission permits. Owning, maintaining or operating any facility or part thereof for the following purposes is prohibited: (a) Fighting or baiting any animal by the owner of such facility or any other person or entity. (b) Raising any animal or animals intended to be ultimately used or used for fighting or baiting purposes. (c) For purposes of this subsection, the term baiting is defined as set forth in § 828.122(2)(a), F.S., as it may be amended from time to time. (2) Single-family residential dwelling units, including mobile homes where a Mobile Home Zoning Overlay exists. (3) Multi-family residential structures, if clustering is employed. (4) Rural Villages, subject to the provisions set forth under Section 2.2.2½.2.B below. (5) Dormitories, duplexes and other types of staff housing, as may be incidental to, and in support of, conservation uses. Page 8 of 174 Words struclc t?,rcug~ are deleted, words underlined are added (6) Family Care Facilities: I unit per 5 acres and subject to Section 2.6.26.1.1 of this Code. (7) Staff housing as may be incidental to, and in support of, safety service facilities and essential services. (8) (9) per 5 gross acres. Farm labor housing limited to 10 acres in any single location: (a) Single family/duplex/mobile home: 11 dwelling units per acre; (b) Multifamily/dormitory: 22 dwellingunits/beds per acre. Sporting and Recreational camps not to exceed 1 cabin/lodging unit (10) Those Essential services identified as permitted uses in Section 2.6.9.1.A and in accordance with the provisions, conditions and limitations set forth therein. (11) Golf courses or driving ranges, subject to the following standards: (a) The minimum densi _ty shall be as follows: i. For golf course projects utilizing Density Blendine Provisions set forth in the Density Rating System of the FLUE: one (1) dwelling unit per five (5) gross acres. ii. For golf course projects not utilizing Density Blending Provisions, including freestanding golf courses: the minimum density shall be one (1) dwelling unit per five (5) gross acres, and one additional dwelling unit per five (5) gross acres for the land area utilized as part of the golf course, including the clubhouse area, rough, fairways, greens, and lakes, but excluding any area dedicated as conservation, which is non-irrigated and retained in a natural state. The additional required density for such golf course development shall be achieved by acquiring TDRs from Sending Lands. (b) Golf courses shall be designed, constructed, and managed in accordance with Audubon International's Gold Signature Program. The project shall demonstrate that the Principles for Resource Management required by the Gold Signature Program (Site Specific Assessment, Habitat Sensitivity, Native and Naturalized Plants and Natural Landscaping, Water Conservation, Waste Management. Energy Conservation & Renewable Energy Sources, Transportation, Greenspace and Corridors, Agriculture, and Building Design) have been incorporated into the golf course's design and operational procedures. (c) In order to prevent the contamination of soil, surface water and ground water by the materials stored and handled by golf course maintenance operations, golf courses shall comply with the Best Management Practices for Golf Course Maintenance Departments, prepared by the Florida Department of Environmental Protection, May 1995. (d) To protect ground and surface water quality from fertilizer and pesticide usage, golf courses shall demonstrate the following management practices: The use of slow release nitrogen sources; ii. The use of soil and plant tissue analysis to adjust timing and amount of fertilization applications; iii. The use of an integrated pest management program using both biological and chemical agents to control various pests; iv. The coordination of pesticide applications with the timing and application of irrigation water; and v. The use of the procedure contained in IFAS Circular t011, Managing Pesticides for Golf Course Maintenance and Water Page 9 of 174 Words sin:c?, through are deleted, words underlined are added Quality Protection, May 1991 (revised 1995) to select pesticides that will have a minimum adverse impact on water quality_. (e) To ensure water conservation, golf courses shall incorporate the following in their design and operation: i. Irrigation systems shall be designed to use weather station information and moisture-sensing systems to determine the optimum amount of irrigation water needed considering soil moisture and evapotranspiration rates. ii. Golf courses shall utilize treated effluent reuse water consistent with Sanitary Sewer Sub-Element Objective 1.4 and its policies to the extent that a sufficient amount of such water is available and the piping or other conveyance necessary for delivery_ of such water exists at a location abutting the golf course property boundary_ or within 50 feet of such boundary and accessible via existing rights of way or easements; iii. Native plants shall be used exclusively except for special purpose areas such as golf greens, fairways, and building sites. Within these excepted areas, landscaping plans shall require that at least 75% of the trees and 50% of the shrubs be freeze-tolerant native Floridian species. At least 75% of the required native trees and shrubs shall also be drought tolerant species. (f) Stormwater management ponds shall be designed to mimic the functions of natural systems: by establishing shorelines that are sinuous in configuration in order to provide increased length and diversity of the littoral zone. A Littoral shelf shall be established to provide a feeding area for water dependent avian species. The combined length of vertical and rip-rapped walls shall be limited to 25% of the shoreline. Credits to the site preservation area requirements, on an acre- to- acre basis, shall be given for littoral shelves that exceed these littoral shelf area requirements. (g) Site preservation and native vegetation retention requirements shall be those set forth in Section 3.9.4 of this Code. (12) Public and private schools, subject to the following criteria: (a) Site area and school size shall be subject to the General Educational Facilities Report submitted annually by the Collier County School Board to the Board of County Commissioners. (b) The Site must comply with the State Requirements for Educational Facilities adopted by the State Board of Education. (c) The site shall be subject to all applicable State or Federal regulations. (13) Oil and gas exploration, subject to state drilling permits and Collier County non-environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activi _ty occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier Coun _ty oil and gas environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary_ of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62- 30.005(2)(a)(1 ) through (12), F.A.C. Accessory Uses. Page 10 of 174 Words struck tErough are deleted, words underlined are added (1) Accessory uses as set forth in Section 2.2.2.2.2 of this Code. (2) Accessory_ Uses and structures that are accessory and incidental to uses permitted as of right in the RFMU District. (3) Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed, and approved on a site development plan or preliminary subdivision plat for that development. Recreational facilities ma,/include, but are not limited to clubhouse, community center building, temis facilities, playgrounds and playfields. c. Conditional Uses. The following uses are permissible as conditional uses subject to the standards and procedures established in section 2.7.4 (1) Oil and gas field development and production, subject to state field development permits and Collier County non-environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the bounda _fy of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. (2) Group care facilities and other care housing facilities, other than family care facilities, subject to a maximum floor area ratio ot'0.45. (3) Zoos, aquariums, and botanical gardens, and similar uses. (4) Facilities for the collection, transfer, processing, and reduction of solid waste. (5) Communi _ty facilities, such as, places of worship, childcare facilities, cemeteries, and social and fraternal organizations. (6) Travel trailer recreation vehicle parks, subject to the following criteria: (a) the site is adjacent to an existing travel trailer recreational vehicle site; and (b) the site is no greater than 100% of the size of the existing adiacent park site. (7) Those Essential Services identified in 2.6.9.2.A and C. (8) In RFMU Receiving Lands other than those within the NBMO, asphalt and concrete batch-making plants. (9) In RFMU Receiving Lands other than those within the NBMO, earth mining and extraction. 4. Design Standards a. Development Not Utilizing Clustering: (1) Minimum lot area: 5 Acres. (2) Minimum lot width: 165 Feet. (3) Minimum yard requirements: Page 11of174 Words ...... ~- *~' ..... h are deleted, words underlined are added (a) Front Yard: 50 feet (b) Side Yard: 30 feet (c) Rear Yard: 50 feet (d) Nonconforming lots in existence as of June 22, 1999: i.. Front Yard: 40 feet. ii. Side Yard: 10 percent of lot width, not to exceed 20 feet on each side. iii. Rear Yard: 50 feet. Clustered Development: (1) Lot areas and widths: (a) single-family Minimum lot area: 4,500 square feet. Maximum lot area: One Acre. Minimum lot width: Interior lots 40 feet. Cb) ii. I11. iv. Maximum lot width: 150 feet. (2) multi-family i. Minimum lot area: One Acre. ii. Maximum lot area: None. iii. Minimum lot width: 150 feet. iv. Maximum lot width: None. Minimum yard requirements (a) single-family. Each single-family lot or parcel minimum yard requirement shall be established within an approved PUD, or shall comply with the following standards: i. Front: 20 feet (Note Front Yard Set back may be reduced to 10 feet where parking for the unit is accessed via a rear ally. ii. Side: 6 feet iii. Rear: 15 feet iv. Accessory: Per Section 2.6.2. (b) multi-family. For each multi-family lot or parcel minimum yard shall be established within an approved PUD, or shall comply with the following standards: Setback from Arterial or Collector roadway(s): no multi- family dwelling may be located closer than 200 feet to aroadway classified or defined as an arterial roadway or 100 feet from any roadway classified or defined as a collector roadway. ii. Front: 30 feet. iii. Rear: 30 feet. iv. Side yard/separation between any multi-family Buildings: One-half of the building height or 15 feet, whichever is greater. v. Accessory_: Per Section 2.6.2. (3) Height limitations Page 12 of 174 Words strack tkrougk are deleted, words underlined are added (a) Principal structures i. Single Family: 35 feet. ii. Multi-family: Five Stories not to exceed 60 feet. iii. Other structures: 35 feet except for golf course/community_ clubhouses, which may be 50 feet in height. (b) Accessory_ structures. 20 feet, except for screen enclosures, which may be the same height as the principal structure. (4) Minimum floor space (a) Single Family: 800 square feet (b) Multi-family: ii. iii. Efficiency: 450 Square feet One Bedroom: 600 square feet Two or More Bedrooms: 800 square feet c. Parking. As required in Division 2.3 of this Code. d. Landscaping. As required in Division 2.4. of this Code. e. Signs. As required in Division 2.5. of this Code. 5. Native Vegetation Retention. As required in Section 3.9.4.3. of this Code. 6. Usable Open Space. a. Projects of 40 or more acres in size shall provide a minimum of 70% usable open space. b. Usable Open Space includes active or passive recreation areas such as parks, playgrounds, golf courses, waterways, lakes, nature trails, and other similar open spaces. Usable Open Space shall also include areas set aside for conservation or preservation of native vegetation and landscape areas. c. Open water beyond the perimeter of the site, street right-of-way, except where dedicated or donated for public uses, driveways, off:street parking and loading areas, shall not be counted towards required Usable Open Space. B. RURAL VILLAGES. Rural Villages, including Rural Villages within the NBMO, may be approved within the boundaries of RFMU Receiving Lands, subject to the following: 1. Allowable Uses: a. All permitted uses identified in Section 2.2.2t/2.2.A.3.a., when specifically identified in, and approved as part of, a Rural Village PUD. b. Conditional uses I through 5, and 7 identified in Section 2.2.2½.2.A.3.c., when specifically identified in, and approved as part of a Rural Village i~GD. c. All permitted and accessory uses listed in the C-4 General Commercial District, Section 2.2.15.2, subject to the design guidelines and development standards set forth in this Section. d. Research and Technology Parks, with a minimum size of 19 ao'es and a maximum size of 4% of the total Rural Village acreage, subject to the design guidelines and development standards set forth herein, the applicable standards contained in Section 2.2.20.4.8. Research and technology park planned unit development district guidelines and development standards, and further subject to the following: (1) Research and Technology Parks shall be permitted to include up to 20% of the total acreage for non-target industry_ uses of the _type identified in paragraph (3) below; and, up to 20% of the total acreage for workforce Page 13 of 174 Words stn:c!z t~roug~ are deleted, words underlined are added housing, except as provided in paragraph (7) below. At a minimum, 60% of the total park acreage must be devoted to target industry uses identified in paragraph (2) below. The specific percentage and mix of each category_ of use shall be determined at the time of Rural Village PUD rezoning. (2) The target industries identified by the Economic Development Council of Collier County are aviation/aerospace industry, health technology industry_ and information technology industry_, and include the following uses: software development and programming; internet technologies and electronic commerce; multimedia activities and CD-ROM development; data and information processing; call center and customer support activities; professional services that are export based such as laboratory research or testing activities; light manufacturing in the high tech target sectors of aviation/aerospace and health and information technologies; office uses in connection with on-site research; development testing and related manufacturing; general administrative offices of a research and development firm; educational, scientific and research organizations; production facilities and operations. (3) Non-target industry uses may include hotels at a density consistent with the provisions in Section 2.2.15.4.7. and those uses in the C-1 through C-3 Zoning Districts that provide support services to the target industries such as general office, banks, fitness centers, personal and professional services, medical, financial and convenience sales and services, computer related businesses and services, employee training, technical conferencing, day care centers, restaurants and corporate and government offices. (4) The Rural Village PUD shall include standards for the development of individual building parcels within the park and general standards shall be adopted for pedestrian and vehicular interconnections. buffering, landscaping, open spaces, signage, lighting, screening of outdoor storage, parking and access management, all to be consistent with and compatible to the other uses within the village. (5) The Research and Technology Park must be adjacent to, and have direct access via an existing or developer constructed local road to an arterial or collector roadway. The portion of the local roadway intended to provide access to the Research and Technology Park shall not be within a residential neighborhood and does not service a predominately residential area. (6) The Research and Technology Park shall be compatible with surrounding land uses. Accordingly, it shall be separated from any residentially zoned or designated land within the Rural Village by a minimum Type "C" landscape buffer, as set forth in Section 2.4.7.4 of this Code. (7) Whenever workforce housing is provided, it shall be fully integrated with other compatible uses in the park through mixed-use buildings and/or through pedestrian and vehicular interconnections. (8) Building permits for non-target industry_ uses identified in paragraph (3) above shall not be issued prior to issuance of the first building permit for a target industry use. e. Any other use deemed by the Board of County Commissioner to be appropriate and compatible within a Rural Village. 2. Mix of Neighborhood Types. Rural Villages shall be comprised of several neighborhoods designed in a compact nature such that a majority of residential development is within one-quarter mile of a Neighborhood Center. Neighborhood Centers may include small-scale service retail and office uses, and shall include a public park, square, or green. Village Centers shall be designed to serve the retail, office, civic, government uses and service needs of the residents of the Rural Village. The Village Center shall be the primary location for commercial uses. Rural Villages shall be surrounded by a green belt in order to protect the character of the rural landscape and to provide separation between Rural Villages and the low density rural development, agricultural uses, and conservation lands that may surround the Rural Village. Rural Villages shall be designed to include the following: a mixture of residential housing _types; institutional and/or commercial uses; and recreational uses, all of which shall be sufficient to serve the residents of the Rural Village and the surrounding lands. In addition, except as specifically provided otherwise for Rural Villages within the NBMO, the following criteria and conditions shall apply to all Rural Villages. Page 14 of 174 Words stmc!: thr,~ugh are deleted, words underlined are added a. Allocation of Land Uses. Specific allocations for land uses including residential, commercial and other non-residential uses within Rural Villages, shall include, but are not limited to: (1) A mixture of housing types, including attached and/or detached single family, as well as multi-family shall be provided within a Rural Village. A minimum of 0.2 units per acre in a Rural Village shall be Affordable Housing, of which at least 0.1 units per acre shall be Workforce Housing. The Rural Village shall be designed so as to disperse the Affordable and Workforce Housing units throughout the Village rather than concentrate them in a single location. (2) A mixture of recreational uses, including parks and village greens. (3) Civic, community, and other institutional uses. (4) A mixture of lot sizes, with a design that includes more compact development and attached dwelling units within neighborhood centers and the Village Center, and reduced net densities and increasingly larger lot sizes for detached residential dwellings generally occurring as development extends outward from the Village Center. (5) A mixture of retail, office, and services uses. (6) If requested by the Collier County School Board during the PUD and/or DRI review process, school sites shall be provided and shall be located to serve a maximum number of residential dwelling units within walking distance to the schools, subject to the following criteria: (a) Schools shall be located within or adjacent to the Village Center; (b) A credit toward any applicable school impacts fees shall be provided based upon an independent evaluation/appraisal of the value of the land and/or improvements provided by the developer; and (c) Schools shall be located in order to minimize busing of students and to co-locate schools with public facilities and civic structures such as parks, libraries, community centers, public squares, greens and civic areas. (7) Within the NBM Overlay, elementary_ schools shall be accessed by local streets, pedestrian and bicycle facilities, and shall be allowed in and adjacent to the Rural Village Center, provided such local streets provide adequate access as needed by the School Board. b. Acreage Limitations. (1) Rural Villages shall be a minimum of 300 acres and a maximum of 1,500 acres, exclusive of the required green belt, with exception that the maximum size of a Rural Village within those RFMU Receiving Lands south of the Belle Meade NRPA shall not exceed 2,500 acres. (2) Neighborhood Center - 0.5% of the total Rural Village acreage, not to exceed 10 acres, within each Neighborhood Center. (3) Neighborhood Center Commercial- Not to exceed 40% of the Neighborhood Center acreage and 8,500 square feet of gross leasable floor area per acre. (4) Village Center - Not to exceed 10% of the total Rural Village acreage. (5) Village Center commercial - Not to exceed 30% of the Village Center acreage and 10,000 square feet of gross leasable floor area per acre. (6) Research and Technology Parks limited to a minimum size of 19 acres and a maximum size of 4% of the total Rural Village acreage. (7) Civic Uses and Public Parks - Minimum of 15% of the total Rural Village acreage. 3. Density. A Rural Village shall have a minimum density of 2.0 units per gross acre and a maximum density of 3.0 units per acre, except that the minimum density with a NBMO Page 15 of 174 Words ..... ~' 'h ..... ~' are deleted, words underlined are added Rural Village shall be 1.5 units per gross acre. Those densities shall be achieved as follows: a. Base Density. A base density of 0.2 dwelling units per acre (1.0 dwelling units per five acres) for lands within the Rural Village, and the land area designated as a greenbelt surrounding the Rural Village, is granted by right for allocation within the designated Rural Village. b. Minimum Density_. For each TDR Credit for use in a Rural Village, one Bonus Credit shall be granted, up to the minimum gross density of 2.0 units per acre outside of the NBMO and 1.5 units per acre within the NBMO. c. Maximum Density. A developer may achieve a density exceeding the minimum required density, up to a maximum of 3.0 units per acre, through the following means: (1) TDR Credits; (2) An additional density bonus 0.3 units per acre for the additional preservation of native vegetation as set forth in Section 3.9.4.5.B: (3) An additional density bonus of 0.3 units per acre for additional wetlands mitigation as set forth in 3.9.5.3.B.2; and/or (4) An additional density bonus of 0.5 units per acre for each Affordable or Workforce Housing unit. 4. Other Design Standards a. Transportation System Design. (1) The Rural Village shall be designed with a formal street layout, using primarily a grid design and incorporating village greens, squares and civic uses as focal points. (2) Each Rural Village shall be served by a binary_ road system that is accessible by the public and shall not be gated. The road system within the Rural Village shall be designed to meet County standards and shall be dedicated to the public. (3) A Rural Village shall not be split by an arterial roadway. (4) Interconnection between the Rural Village and adjacent developments shall be required. (5) Neighborhoods, Neighborhood Centers, and the Village Center shall be connected through local and collector streets and shall incorporate traffic calming techniques as may be appropriate to discouragehigh-speed traffic. (6) Public transit and school bus stops shall be co-located, where practicable. (7) Pedestrian paths and bikeways shall be designed so as to provide access and interconnectivity. b. Location Restrictions and Standards. (1) In locating both schools and housing units within the Rural Village, consideration shall be given to minimizing busing needs within the community. (2) A Rural Village shall not be located any closer than 3.0 miles from another Rural Village. (3) No more than one Rural Village may be located in each of the distinct RFMU District Receiving Areas depicted on the FLUM and on the Official Collier County Zonin~ Atlas maps. (4) A Rural Village shall have direct access to a roadway classified by Collier County as an arterial or collector roadway. Alternatively, access to the Rural Village may be via a new collector roadway directly accessing an existing arterial, the cost of which shall be borne entirely by the developer. Page 16 of 174 Words str~:c!~ t~reug~ are deleted, words underlined are added (5) A Rural Village shall be located where other public infrastructure, such as potable water and sewer facilities, already exist or are planned. c. Size Limitations. Rural Villages shall be a minimum of 300 acres and a maximum of 1,500 acres, except within RFMU Receiving Lands south of the Belle Meade NRPA where the maximum size may not exceed 2,500 acres. This required Rural Village size is exclusive of the required Greenbelt area set forth in Section 2.2.2½.2.B.6. d. Additional Village Design Criteria: Rural Villages shall be designed in accordance with the following provisions: (1) Rural Villages shall be developed in a progressive urban to rural continuum with the greatest densi[y, intensity and diversi _ty occurring within the Village Center, to the least density, intensity and diversi_ty occurring within the edge of the neighborhoods approaching the greenbelt. (2) Rural Villages may include "Special Districts" in addition to the Village Center, Neighborhood Center and Neighborhoods, to accommodate uses that may require use specific design standards not otherwise provided for herein. Such Special Districts, their proposed uses, and applicable design standards shall be identified as part of the Rural Village PUD rezone process. (3) The Rural Village PUD Master Plan shall designate the location of the Village Center and each Neighborhood, Neighborhood Center and as may be applicable, Special Districts. Rural Villages shall include a Village Center and a minimum of two distinct neighborhoods, with defined Neighborhood Centers. (4) A mixture of allowable uses is encouraged to occur within buildings in the Village Center and Neighborhood Centers. (5) Transient lodging is permitted at up to 26 guest units per acre calculated on the acreage of the parcel occupied by the transient lodging and its ancillary_ facilities, if such parcel includes multiple uses. (6) Building heights may vary within the Village Center and Neighborhood Centers, but shall not exceed 5 stories not exceeding 65 feet with the Village Center, or 4 stories no exceeding 55 feet within the Neighborhood Center, and 3 stories not to exceed 40 feet within 200 feet of the Greenbelt. The height exclusions set forth in Section 2.6.3.1 of this Code apply within a Rural Village. The height exclusion set forth in Section 2.6.3.2. applies in the Village Center only, except that: (a) 2.6.3.2.(4) requiring 300 square feet of green spaces for each parking space for which the height waiver is granted shall not apply; however, (b) For each parking space for which the height waiver isgranted, an equal amount of square footage of Open Space shall be provided in excess of the minimum set forth in 2.2.2½.2.B.7. (7) The minimum lot area shall be 1,000 SF; however, within neighborhoods, especially approaching the edge of the Village and he surrounding green belt, less compact larger lot residential development may OCCUr. (8) Within the Village Center and Neighborhood Centers, individual block perimeters shall not exceed 2,500 linear feet. (9) Within the Village Center and Neighborhood Centers required yards shall be as follows: (a) Front setbacks - 0 to 10 feet from the right-of-way line (b) Side setbacks - 0 feet (c) Rear setbacks - 0 feet (10) Within neighborhoods outside of a Neighborhood or Village Center required yards may vary but shall be designed so as to provide for adequate light, opens space ad movement of air, and shall consider the design objective of the urban to rural continuum with the greatest density, intensity Page 17 of 174 Words strr:c!: t~rc, r:g~ are deleted, words underlined are added and diversity occurring within the Village Center, t) the least densi[y, intensity and diversi _ty occurring within the edge of the neighborhoods approaching the greenbelt. (11) Within the Village Center and Neighborhood Centers overhead encroachments such as awnings, balconies, arcades and the like, must maintain a clear distance of 9 feet above the sidewalk and 15 feet above the street. (12) Seating for outdoor dining shall be permitted to encroach the public sidewalks and shall leave a minimum 6-foot clear pedestrian way between the outdoor dining and the streetscape planting area. (13) Civic or Institutional Buildings shall be subject to the specific standards of this subsection that regulate building height, building placement, building use, parking, and signage except as deviations are deemed appropriate by the Collier County planning staff with respect to the creation of focal points, vistas, and significant community landmarks. Specific design standards shall be provided in the Rural Village PUD document. (14) Architectural Standards: Buildings within the Village Center shall be made compatible through similar massing, volume, frontage, scale and architectural features. The PUD document shall adhere to the provisions of Division 2.8 of this Code; however, deviations may be requested where such deviations are shown to further these Rural Village design standards. (15) Required vehicular parking and loading amounts and design criteria: (a) The amount of required parking shall be demonstrated through a shared parking analysis submitted with an SRAdesignation application. Parking shall be determined utilizing the modal splits and parking demands for various uses recognized by ITE, ULI or other sources or studies. The analysis shall demonstrate the number of parking spaces available to more than one use or function, recognizing the required parking will vary_ depending on the multiple functions or uses in close proximity which are unlikely to require the spaces at the same time. (b) On-site parking areas shall be organized into a series of small bays delineated by landscape islands of varied sized. A maximum spacing between landscape islands shall be 10 spaces. Landscape islands and tree diamonds shall have a minimum of one canopy tree. (c) Parking lots shall be accessed from alleys, service lanes or secondary_ streets. (d) Any or all of the above parking requirements may be further reduced ifa shared parking plan is submitted as part of a Rural Village PUD or subsequent site development plan application. The shared parking plan shall demonstrate that the reduced parking is warranted as a result of the following: shared building and/or block use(s) where parking demands for certain uses are Iow when other demands are higher; a concentration of residential dwelling units located within 600 feet of mn-residential uses; the existence of transit for use by residents and visitors. (16) Landscaping minimums within the Village Center or within Neighborhood Centers shall be met by: (a) Providing landscaping within parking lots as described, and by providing a streetscape area between the sidewalk and curb at a minimum of 5 Ft. in width; (b) Planting street trees every 40 Ft. O.C. The street tree pattern may be interrupted by architectural elements such as arcades and columns. (c) Plantings areas, raised planters, or planter boxes in the front of and adjacent to the buildings, where such planting areas do not interfere with pedestrian access and mobility. (d) Providing for additional pubic use landscape areas at intervals within the streetscape, on identified parcels with blocks, or as part of public greens, squares, parks or civic uses. (17) Signs: The PUD document shall adhere to the provisions of Division 2.5 of this Code; however, deviations may be requested where such Page 18 of 174 Words strt:cl~ thmug~ are deleted, words underlined are added deviations are shown to further these Rural Village design standards by providing for pedestrian scale signage standards with Neighborhood Centers or the Village Center. 5. Native Vegetation. Native vegetation shall be preserved as set forth in 3.9.4.3.A. 6. Greenbelt. Except within the NBMO Rural Village, a Greenbelt averaging a minimum of 500 feet in width, but not less than 300 feet in width, shall be required at the perimeter of the Rural Village. The Greenbelt is required to ensure a permanently undeveloped edge surrounding the Rural Village, thereby discouraging sprawl. Greenbelts shall conform to the following: a. Greenbelts may only be designated on RFMU Receiving Lands. b. The allowable residential density shall be shifted from the designated Greenbelt to the Rural Village. c. The Greenbelt may be concentrated to a greater degree in areas where it is necessary to protect listed species habitat, including wetlands and uplands, provide for a buffer from adjacent natural reservations, or provide for wellfield or atuifer protection. However, at no location shall the Greenbelt be less than 300 feet in width. d. Golf courses and existing agriculture operations are permitted within the Greenbelt, subject to the vegetation retention standards set forth in Section 3.9.4.3.A. However, golf course turf areas shall only be located within 100 feet of the Greenbelt boundaries (interior and exterior boundary); further, these turf areas shall only be located in previously cleared or disturbed areas. 7. Open Space: Within the Rural Village, a minimum of 70% of Open Space shall be provided, inclusive of the Greenbelt. 8. Process for Approval ora Rural Village. Applications for approval shall be submitted in the form of a Planned Unit Development (PUD) rezone utilizing the standard form(s) developed by Collier County, and subject to the Fees established for a PUD rezone application. Where applicable, the Rural Village PUD application will be submitted in conjunction with a Development of Regional Impact (DRI) application as provided for in Chapter 380 of Florida Statutes, or in conjunction with any other Florida provisions of law that may supercede the DRI process. The applicant shall notify_ the owner(s) of subsurface mineral rights to the property within the boundaries of the proposed Rural Village prior to approval of the PUD. The Application for Rural Village PUD approval shall demonstrate general compliance with the provisions of Section 2.2.20 and shall include the following additional submittal requirements: a. ElS. An environmental impact statement for the Rural Village and surrounding Greenbelt area shall be submitted an accordance with the requirements of Division 3.8 of this Code. b. Demonstration of Fiscal Neutrality. An analysis that demonstrates that the Rural Village will be fiscally neutral to county taxpayers outside of the Rural Village. This analysis shall evaluate the demand and impacts on levels of service for public facilities and the cost of such facilities and services necessa _fy to serve the Rural Village. In addition, this evaluation shall identi_fy projected revenue sources for services and any capital improvements that may be necessary to support the Rural Village. In conclusion, this analysis shall indicate what provisions and/or commitments will be to ensure that the provision of necessary facilities and services will be fiscally neutral to County taxpayers outside of the Rural Village. At a minimum, the analysis shall consider the following: (1) Stormwater/drainage facilities; (2) Potable water provisions and facilities; (3) Reuse or "Grey" water provisions for irrigation; (4) Central sewer provisions and facilities; (5) Law enforcement facilities; (6) School facilities; (7) Roads, transit, bicycle and pedestrian facilities and pathways; (a) Solid Waste facilities. Page 19 of 174 Words stvac!,' t~mug~ are deleted, words underlined are added (b) Development phasing and funding mechanisms to address any impacts to level of service in accordance with the County's adopted concurrency management program to ensure that there will be no degradation to the adopted level of service for public facilities and infrastructure identified in (1) through (7) above. 2.2.2½.3. NEUTRAL LANDS. Neutral Lands have been identified for limited semi-rural residential development. Available data indicates that Neutral Lands have a higher ratio of native vegetation, and thus higher habitat values, than lands designated as RFMU Receiving Lands, but these values do not approach those of RFMU Sending Lands. Therefore, these lands are appropriate for limited development, if such development is directed away from existing native vegetation and habitat. Within Neutral Lands, the following standards shall apply: A. ALLOWABLE USES. The following uses are permitted as of right: Uses Permitted as of Right. a. Agricultural activities, including, but not limited to: Crop raising, horticulture, fruit and nut production, forestry_, groves, nurseries, ranching, beekeeping, poultry_ and egg production, milk production, livestock raising, and aquaculture for native species subject to the State of Florida Fish and Wildlife Conservation Commission. Owning, maintaining or operating any facili_ty or part thereof for the following purposes is prohibited: (1) Fighting or baiting any animal by the owner of such facility_ or any other person or enti _ty. (2) Raising any animal or animals intended to be ultimately used or used for fighting or baiting purposes. (3) For purposes of this subsection, the term baiting is defined as set forth in § 828.122(2)(a), F.S., as it may be amended from time to time. b. Single-family residential dwelling units, including mobile homes where a Mobile Home Zoning Overlay exists. c. Dormitories, duplexes and other types of staff housing, as may be incidental to, and in support of, conservation uses. d. Group housing uses subject to the following density/intensity limitations: e. Family Care Facilities: I unit per 5 acres; fi Group Care Facilities and other Care Housing Facilities: Maximum Floor Area Ratio (FAR) not to exceed 0.45. g. Staff housing as may be incidental to, and in support of, safety service facilities and essential services. h. Farm labor housing limited to 10 acres in any single location: (1) Single family/duplex/mobile home: 11 dwelling units per acre; (2) Multifamily/dormitcrv: 22 dwelling units/beds per acre. i. Sporting and Recreational camps, not to exceed I cabin/lodging unit per 5 gross acres. Those Essential Services identified in Section 2.6.9.1.A. k. Golf courses or driving ranges, subject to the following standards: (1) Golf courses shall be designed, constructed, and managed in accordance with Audubon International's Gold Signature Program. (2) In order to prevent the contamination of soil, surface water and ground water by the materials stored and handled by golf course maintenance operations, golf courses shall comply with the Best Management Practices for Golf Course Maintenance Departments, prepared by the Florida Department of Environmental Protection, May 1995. Page 20 of 174 Words struck tkrcug~ are deleted, words underlined are added (3) To protect ground and surface water quality from fertilizer and pesticide usage, golf courses shall demonstrate the following management practices: (a) The use of slow release nitrogen sources; (b) The use of soil and plant tissue analysis to adjust timing and amount of fertilization applications; (c) The use of an integrated pest management program using both biological and chemical agents to control various pests; (d) The coordination of pesticide applications with the timing and application of irrigation water; (e) The use of the procedure contained in IFAS Circular 1011, Managing Pesticides ['or Gol_[ Course Maintenance and Water Quali~y Protection, May 1991 (revised 1995) to select pesticides that will have a minimum adverse impact on water quality. (4) To ensure water conservation, golf courses shall incorporate the following in their design and operation: (a) Irrigation systems shall be designed to use weather station information and moisture-sensing systems to determine the optimum amount of irrigation water needed consideringsoil moisture and evapotranspiration rates. (b) As available, golf courses shall utilize treated effluent reuse water consistent with Sanitary Sewer Sub-Element Objective 1.4 and its policies. (c) Native plants shall be used exclusively except for special purpose areas such as golf greens, fairways, and building sites. Within these excepted areas, landscaping plans shall require that at least 75% of the trees and 50% of the shrubs be freeze-tolerant native Floridian species. At least 75% of the required native trees and shrubs shall also be drought tolerant species. (5) Stormwater management ponds shall be designed to mimic the functions of natural systems: by establishing shorelines that are sinuous in configuration in order to provide increased length and diversity of the littoral zone. A Littoral shelf shall be established to provide a feeding area for water dependent avian species. The combined length of vertical and rip-rapped walls shall be limited to 25% of the shoreline. Credits to the site preservation area requirements, on an acre- to- acre basis, shall be given for littoral shelves that exceed these littoral shelf area requirements. (6) Site preservation and native vegetation retention requirements shall be the same as those set forth in the RFMU District criteria. Site preservation areas are intended to provide habitat functions and shall meet minimum dimensions as set forth in the Land Development Code. These standards shall be established within one year. Public and private schools, subject to the following criteria: (1) Site area and school size shall be subject to the General Educational Facilities Report submitted annually by the Collier County School Board to the Board of County Commissioners. (2) The Site must comply with the State Requirements for Educational Facilities adopted by the State Board of Education. (3) The site shall be subject to all applicable State or Federal regulations. m. Oil and gas exploration, subject to state drilling permits and Collier Coun[y non-environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), Page 21 of 174 Words str~:c!: thrm:gh are deleted, words underlined are added (3) To protect ground and surface water quail _ty from fertilizer and pesticide usage, golf courses shall demonstrate the following management practices: (a) The use of slow release nitrogen sources; (b) The use of soil and plant tissue analysis to adjust timing and amount of fertilization applications; (c) The use of an integrated pest management program using both biological and chemical agents to control various pests: (d) The coordination of pesticide applications with the timing and application of irrigation water; (e) The use of the procedure contained in IFAS Circular 1011, Managing Pesticides_for Golf Course Maintenance and Water Quality Protection, May 1991 (revised 1995) to select pesticides that will have a minimum adverse impact on water quality. (4) To ensure water conservation, golf courses shall incorporate the following in their design and operation: (a) Irrigation systems shall be designed to use weather station information and moisture-sensing systems to determine the optimum amount of irrigation water needed consideringsoil moisture and evapotranspiration rates. (b) As available, golf courses shall utilize treated effluent reuse water consistent with Sanitary_ Sewer Sub-Element Objective 1.4 and its policies. (c) Native plants shall be used exclusively except for special purpose areas such as golf greens, fairways, and building sites. Within these excepted areas, landscaping plans shall require that at least 75% of the trees and 50% of the shrubs be freeze-tolerant native Floridian species. At least 75% of the required native trees and shrubs shall also be drought tolerant species. (5) Stormwater management ponds shall be designed to mimic the functions of natural systems: by establishing shorelines that are sinuous in configuration in order to provide increased length and diversi _ty of the littoral zone. A Littoral shelf shall be established to provide a feeding area for water dependent avian species. The combined length of vertical and rip-rapped walls shall be limited to 25% of the shoreline. Credits to the site preservation area requirements, on an acre- to- acre basis, shall be given for littoral shelves that exceed these littoral shelf area requirements. (6) Site preservation and native vegetation retention requirements shall be the same as those set forth in the RFMU District criteria. Site preservation areas are intended to provide habitat functions and shall meet minimum dimensions as set forth in the Land Development Code. These standards shall be established within one year. Public and private schools, subject to the following criteria: (1) Site area and school size shall be subject to the General Educational Facilities Report submitted annually by the Collier County School Board to the Board of County Commissioners. (2) The Site must comply with the State Requirements for Educational Facilities adopted by the State Board of Education. (3) The site shall be subject to all applicable State or Federal regulations. m. Oil and gas exploration, subject to state drilling permits and Collier County non-environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), Page 21 of 174 Words c,i~m~4hrqmgh are deleted, words underlined are added F.A.C. All applicable Collier CounW environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. 2. Accessory Uses. The following uses are permitted as accessory to uses permitted as of right or to approved conditional uses: a. Accessory Uses and structures that are accessory and incidental to uses permitted as of right in Section 2.2.2½.3.2 above. b. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed, and approved on a site development plan or preliminary subdivision plat for that development. Recreational facilities may include, but are not limited to clubhouse, community center building, tennis facilities, play~rounds and playfields. 3. Conditional Uses. The following uses are permissible as conditional uses subject to the standards and procedures established in section 2.7.4. a. Zoo, aquarium, botanical garden, or other similar uses. b. Community facilities, such as, places of worship, childcare facilities, cemeteries, social and fraternal organizations. c. Sports instructional schools and camps. d. Those Essential Services identified in 2.6.9.2.A and C. e. Oil and gas field development and production, subject to state field development permits and Collier County non-environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier Coun _ty environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier Coun _ty, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County_ outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory_ Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. fi Earth mining and extraction and related processing. B. DENS1TY 1. Maximum Gross Density. The maximum gross density in Neutral Lands shall not exceed one dwelling unit per five gross acres (0.2 Dwelling units per acre), except that the maximum gross density for those legal nonconforming lots or parcels in existence as of June 22, 1999, shall be one dwelling unit per lot or parcel. 2. Residential Clustering. Clustering of residential development is allowed and encouraged. Where clustered development is employed, it shall be in accordance with the following provisions: a. If within the boundaries of the Rural Transition Water and Sewer District, and consistent with the provisions of the Potable Water and Sanitary Sewer Sub- elements of this Plan, central water and sewer shall be extended to the project. Where County sewer or water services may not be available concurrent with development in Neutral Lands, interim private water and sewer facilities may be approved. Page 22 of 174 Words stp.'.ck thre, ugh are deleted, words underlined are added b. The clustered development shall be located on the site so as to provide to the greatest degree practicable: (1) protection for listed species habitat; (2) preservation of the highest quali _ty native vegetation; (3) connectivity to adjacent natural reservations or preservation areas on adjacent developments; and (4) creation, maintenance or enhancement of wildlife corridors. c. The minimum project size shall be at least 40 acres. DIMENSIONAL AND DESIGN STANDARDS. Dimensional and Design Standards set forth in Section 2.2.2.4 of this Code shall apply to all development in Neutral Lands, except for development utilizing the residential clustering provisions in paragraph 2.2.2~A.3.B.2. above, in the case of such clustered development, the following dimensional standards shall apply to all permitted housing structure types, accessory, and conditional uses: 1. Development that is Not Clustered: a. Minimum lot area: 5 Acres. b. Minimum lot width: 165 Feet. c. Minimum Yard Requirements: (1) Front Yard: 50 feet (2) Side Yard: 30 feet (3) Rear Yard: 50 feet (4) Nonconforming lots in existence as of June 22, 1999: (a) Front Yard: 40 feet. (b) Side Yard: 10 percent of lot width, not to exceed 20 feet on each side. (c) Rear Yard: 50 feet. 2. Development that is Clustered. a. Minimum lot area: 4,500 square feet. b. Maximum lot area: One Acre. c. Minimum lot width: Interior lots 40 feet. d. Maximum lot width: 150 feet. 3. Height Limitations. a. Principal: 35 feet b. Accessory: 20 feet, except for screen enclosures, which may be the same height as the principal structure. c. Golf course/community clubhouses: 50 feet 4. Floor Area. The minimum floor area for each dwelling unit shall be 800 square feet. 5. Parking. As required in Division 2.3. 6. Landscaping. As required in Division 2.4. 7. Signs: As required in Division 2.5. D. NATIVE VEGETATION RETENTION. Native vegetation shall be preserved as set forth in Section 3.9.4.3. Page 23 of 174 Words stmc!; t~rm:g~ are deleted, words underlined are added E. USABLE OPEN SPACE. 1. Projects of 40 acres or more in size shall provide a minimum of 70% usable open space. 2. Usable Open Space includes active or passive recreation areas such as parks, playgrounds, golf courses, waterways, lakes, nature trails, and other sim ilar open spaces. Usable Open Space shall also include areas set aside for conservation or preservation of native vegetation and landscape areas. 3. Open water beyond the perimeter of the site, street right-of-way, except where dedicated or donated for public uses, driveways, off-street parking and loading areas, shall not be counted towards required Usable Open Space. 2.2.2¼.4. RFMU SENDING LANDS. RFMU Sending Lands are those lands that have the highest degree of environmental value and sensitivity and generally include sigrificant wetlands, uplands, and habitat for listed species~ RFMU Sending Lands are the principal target for preservation and conservation. Density may be transferred from RFMU Sending Lands as provided in Section 2.6.39.3. All NRPAs within the RFMU District are also RFMU Sending Lands. With the exception of specific provisions applicable only to NBMO Neutral Lands, the following standards shall apply within all RFMU Sending Lands: A. ALLOWABLE USES WHERE TDR CREDITS HAVE NOT BEEN SEVERED 1. Uses Permitted as of Right a. Agricultural uses consistent with Sections 163.3162 and 823.14(6) Florida Statutes (Florida Right to Farm Act). b. Detached single-family dwelling units, including mobile homes where the Mobile Home Zoning Overlay exists, c. Habitat preservation and conservation uses. d. Passive parks and other passive recreational uses. e. Sporting and Recreational camps, within which the lodging component shall not exceed l unit per 5 gross acres. Those Essential Services identified in 2.6.9.1.B. g. Oil and gas exploration, subject to state drilling permits and Collier Coun _ty non-environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activi _ty occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a'}(1) through (12), F.A.C. 2. Accessory_ Uses. Accessory_ Uses and structures that are accessory and incidental to uses permitted as of right in Section 2.2.2½.A. 1 above. 3. Conditional Uses. Those Essential services identified in Section 2.6.9.2.B. b. Public facilities, including solid waste and resource recovery facilities, and public vehicle and equipment storage and repair facilities, shall be permitted within Section 25, Township 49S, Range 26E, on lands adjacent to the existing County landfill. This shall not be interpreted to allow for the expansion of the landfill into Section 25 for the purpose of solid waste disposal. Page 24 of 174 Words st"ack tSrm:gh are deleted, words underlined are added c. Oil and gas field development and production, subject to state field development permits and Collier Count~ non-environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County_ environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier Coun_ty outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. d. Commercial uses accessory to permitted uses 1.a, 1.c. and l.d above, such as retail sales of produce accessory to farming, or a restaurant accessory to a park or preserve, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. B. USES ALLOWED WHERE TDR CREDITS HAVE BEEN SEVERED 1. Uses Permitted as of Right a. Agricultural uses consistent with Sections 163.3162 and 823.14(6) Florida Statutes (Florida Right to Farm Act), including water management facilities, to the extent and intensity that such operations exist at the date of any transfer of development rights. b. Cattle grazing on unimproved pasture where no clearing is required; c. Detached single-family dwelling units, including mobile homes where the Mobile Home Zoning Overlay exists, ata maximum density_ of one dwelling unit per 40 acres. In order to retain these development rights after any transfer, up to one dwelling must be retained (not transferred) per 40 acres. d. One detached dwelling unit, including mobile homes where the MobileHome Zoning Overlay exists, per lot or parcel in existence as of June 22, 1999, that is less than 40 acres. In order to retain these development rights after any transfer, up to one dwelling must be retained (not transferred) per each lot or parcel. Forthe purposes of this provision, a lot or parcel shall be deemed to have been in existence as of June 22, 1999, upon a showing of any of the following: (1) the lot or parcel is part of a subdivision that was recorded in the public records of the Coun[y on or before June 22, 1999; (2) a description of the lot or parcel, by metes and bounds or other specific legal description, was recorded in the public records of the County on or before June 22, 1999; or (3) an agreement for deed for the lot or parcel, which includes description of the lot or parcel by limited fixed boundary_, was executed on or before June 22, 1999. e. Habitat preservation and conservation uses. f. Passive parks and passive recreational uses. g. Those Essential Services identified in 2.6.9.1.B. h. Oil and gas exploration, subject to state drilling permits and Collier County non-environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., reKardless of whether the activi _ty occurs within the Big Cypress Watershed, as defined in Rule 62G30.001 (2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state Page 25 of 174 Words stru,zl: througk are deleted, words underlined are added oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a'}(1) through (12), F.A.C. 2. Conditional Uses Those Essential Uses identified in 2.6.9.2.B. b. Oil and gas field development and production, subject to state field development permits and Collier County non-environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary_ of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. c. Conditional use approval criteria: In addition to the criteria set forth in Section 2.74.4 of this Code, the following additional criteria shall apply to the approval of conditional uses within RFMU Sending Lands: (1) The applicant shall submit a plan for development that demonstrates that wetlands, listed species and their habitat are adequately protected as specified in Divisions 3.9. and 3.11. (2) Conditions may be imposed, as deemed appropriate, to limit the size, location, and access to the conditional use. C. DENSITY. 1. 1.0 dwelling units per 40 gross acres; or 2. 1.0 dwelling unit per nonconforming lot or parcel in existence as of June 22, 1999. For the purpose of this provision, a lot or parcel which is deemed to have been in existence on or before June 22, 1999 is: a. a lot or parcel which is part of a subdivision recorded in the public records of Collier County, Florida; b. a lot or parcel which has limited fixed boundaries, described by metes and bounds or other specific legal description, the description of which has been recorded in the public records of Collier County Florida on or before June 22, 1999; or c. a lot or parcel which has limited fixed boundaries and for which an agreement for deed was executed prior to June 22, 1999. D. NATIVE VEGETATION RETENTION. As required in Section 3.9.4.3. E. OTHER DIMENSIONAL DESIGN STANDARDS. Dimensional standards set forth in Section 2.2.2.4 of this Code shall apply to all development in Sending designated lands of the RFMU District, except as follows: 1. Lot Area and Width. a. Minimum Lot Area: 40 acres. b. Minimum Lot Width: 300 Feet. Page 26 of 174 Words stru:!~ t~r~::g~ are deleted, words .underlined are added 2. Parking. As required in Division 2.3. 3. Landscaping. As required in Division 2.4. 4. Signs. As required in Division 2.5. 2.2.3.2.1 .Permitted uses. 1. Single-family dwelling. Schools, public, including "Educational Plants." 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 section 2.7.4: 1. Churches and other places of worship. 10. Ancillary Plants. 2.2.3.4.3. Minimum yard requirements. 1. Front yard. 75 feet, except in the case of: Conforming comer lots, in which onlyone full depth setback shall be required along the shorter lot line along the street. The setback along the longer lot line may be by ~v _ ..... ~ XT^,~. c~ ~, .... h;~. ~^ .~, ~.c^~ ,~ ,~ minimum lot reduced ap ~^ 50 ~, ................................................... ....... ~ .... ; ........ n~c.~;~, ,ey~n, e,~, to 37.5 feet, so long as no · ,,;~*~ er area. ~u .......... ts, ........................... right-of-way or right-of-way easement is included within the reduced front yard. (See Exhibit A) Page 27 of 174 Words struck through are deleted, words underlined are added A 180' LOT WIDTH , * R.O.V~ ESTATES: CONFORMING CORNER LOT ROW PtL RO.W /'~FRONT SETBACK 37.ff REDUCED BY 50% 75' FULL FRONT SETBACK Example - lot width may vary, but never less than 150' RO.W P!L 30' SIDE SETBAC SiDE '/~ SETBACK 'V30' PtL SETBACKS MEASURED FROM R.OW LINE WIDTH MEASURED BETWEEN PROPERTY LINES ROW LINE PROPERTY LINE Nonconforming comer lots of record, in which only one full depth setback shall be required along the shorter lot line along the street. The setback along the longer lot line may be reduced to 15 feet, so long as no right-of-way or right-of-way easement is included within the reduced front yard. (See Exhibit B) 105' LOT WIDTH ROW ESTATES: NON-CONFORMING CORNER LOT ROW P/L R.OW /X 15' REDUCED V' FRONT SETBACK FULL FRONT 1 SETBACK [ 10% LOT , WIDTH / love, ROW - SETBACKS MEASURED FROM RO.W LINE -WIDTH MEASURED BETWEEN PROPERTY LINES RO.W LINE PROPERTY LINE Nonconforming through lots, ie. double frontage lots, legal nonconforming lots of record with double road frontage, which are nonconforming due to inadequate lot depth, in which case, the front yard along the local road portion shall be computed at the rate of 15 percent of the depth of the lot, as measured from edge of the righvof- way. The nonconforming through lot utilizing the reduced frontage shall establish the lot frontage along the local road only. Frontage along a collector or arterial roadway to serve such lots is prohibited. Front yards along the local road shall be developed with Page 28 of 174 Words struck *~' ..... ~. ~ro deleted, words underlined are added structures having an average front yard with a variation of not more than six feet; no building thereafter erected shall project beyond the average line so established. 2. Sideyard. 30 feet, except for legal nonconforming lots of record, which are nonconforming due to inadequate lot width, in which case it shall be computed at the rate often percent of the width of the lot, not to exceed a maximum requirement of 30 feet. 3. Rear yard. 75 feet. 4. Yard Requirements for public schools. a. For principal structures: 50 feet from all property_ lines. b. For accessory_ structures: 25 feet from all property lines. 2.2.4.2.1. Permitted uses. 1. Single-family dwellings. 2. 3. Family care facilities, subject to section 2.6.26. Schools, public (RSF ~ ~"'~ per < zen:rig ......... on!y, ........................ J ~t~ 9~an~ This includes "Educational Plants;" however, any high school located in this district is subiect to a compatibility_ review as described in Division 3.3. of the code. 2.2.4.4.4. Minimum yard requirements. 1. Front yard. 5. Yard Requirements for public schools, regardless of what component of the residential single-family district it is located in.. a. For principal structures: 50 feet from all property_ lines. b. For accesso~ structures: 25 feet from all property lines. Permitted uses. 2.2.5.2.1. 1. Single-family dwellings. * * * * * * $ 5. Educational Plants; however, any high school located in compatibility review as described in Division 3.3. of the code. this district is subject to a 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 section 2.7.4: 1. Churches and houses of worship. 2. Schools, public and private. Also, "Ancillary_ Plants" for public schools. 2.2.5.4.3. Minimum yard requirements (except as further provided at section 2.6.27). The following minimum yard requirements are in relation to platted boundaries: Page 29 of 173 Words ~ are deleted, words underlined are added 2.2.5.4.3. Minimum yard requirements (except as further provided at section 2.6.27). The following minimum yard requirements are in relation to platted boundaries: TABLE INSET: Front Yard Side Yard Rear Yard One (Single) Family 25' 7 1/2' 20' Dwelling Units Duplex Dwelling Units 25' 10' 20' Two Unit/Family Dwelling 25' 10'* 20' Units Three or More Family 30' 15'* 20' Dwelling Units * Where fee simple lots are created for each dwelling unit side yards are measured from the outside wall of the principal structure. 1. Yard Requirements for public schools. a. For principal structures: 50 feet from all property_ lines. b. For accessory_ structures: 25 feet from all property lines. 2.2.6.2.1. 1. Permitted uses. Multiple-family dwellings. * * * * * * , v~ Educational Plants; however, any high school located in this district is subject to a compatibility review as described in Division 3.3. of the code. 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 ~i;'isi,~n section 2.7.4: l. Child care centers and adult day care centers. 5. Schools, ~"~'~:-~..~ ~..~ private. * * 8 Also, "Ancillary Plants" for public schools. 2.2.6.4.3. Minimum yard requirements. 1. Front yard--Thirty feet. * * * * Yard Requirements for public schools. a. For principal structures: 50 feet from all property_ lines. b. For accessory structures: 25 feet from all property lines. 2.2.7.2.1. Permitted uses. Page 30 of 174 Words st,"ack through are deleted, words underlined are added 1. Multiple-family dwellings. 4. Educational Plants; however, any high school located compatibility review as described in Division 3.3. of the code. in this district is subject to a 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 ~i:'isien section 2.7.4: 1. Child care centers and adult day care centers. 5. Schools, puS!ic an~ private. Also, "Ancillary_ Plants" for public schools. 2.2.7.4.3. Minimum yard requirements. 1. Front yard--One half of the building height as measured from the frst floor of the structure with a minimum of 30 feet. Yard Requirements for public schools. a. b. For principal structures: 50 feet from all property lines. For accessory structures: 25 feet from all property_ lines. 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 ~!¥:,gien section 2.7.4: 1. Churches and other places of worship. 9. Ancillary_ Plants. 2.2.8.4.3. Minimum yard requirements. 1. Front yard--One-half the building height as measured from each exterior wall or wing of a structure with a minimum of 30 feet. 4. Yard Requirements for public schools. a. b. For principal structures: 50 feet from all property lines. For accessory_ structures: 25 feet from all property lines. 2.2.9.2.1. Permitted uses. 1. Single-family dwellings. Page 31 of 174 Words str'acl~ through are deleted, words underlined are added 6. Educational Plants; however, any high school located in this district is subject to a compatibility review as described in Division 3.3. of the code. 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 divis:,c,n section 2.7.4: 1. Boatyards, subject to the applicable review criteria set forth in section 2.6.21, and marinas. 7. Schools, public and private. Also, "Ancillary_ Plants" for public schools. 2.2.9.4. Dimensional standards. The following dimensional standards shall apply to all permitted, accessory, and conditional uses in the village residential district (VR). TABLE INSET: Single- Duplex Multiple- Accessory Conditional Family Family Uses Uses Dwelling Dwelling and Mobile Home 1. Minimum lot area 6,000 10,000 1 acre N/A I acre square feet square feet 2. Minimum lot width 60 feet 100 feet 150 feet N/A 100 feet 3. Minimum yard requirement: Front yard 20 feet 35 feet 35 feet Section 2.6.2 35 feet Side yard 5 feet* 15 feet 15 feet Section 2.6.2 15 feet Rear yard 20 feet 30 feet 30 feet Section 2.6.2 30 feet *Waterfront: 10 feet. 4. Maximum height* 30 feet 30 feet 35 feet 15 feet 50 feet 5. Maximum 7.26 8.71 14.52 N/A N/A density** units/gross units/gross units/gross :6. Distance between N/A N/A 1/2 sum of N/A structures the building height 7. Minimum floor area. (Reserved.) 8. Maximum lot coverage. (Reserved.) 9. Off-street parking and loading. As required in division 2.3. 10. Landscaping. As required in division 2.4. 11. Yard Requirements for public schools. a. For principal structures: 50 feet from all property_ lines. b. For accessory structures: 25 feet from all property lines. * No building may contain more than three levels of habitable space. ** Actual maximum density shall be determined through the application of the density rating system, or applicable policies contained in the future land use element, or the Immokalee future land use map established in the Collier County Growth Management Plan, not to exceed the above specified density for each use. Page 32 of 174 Words struck through are deleted, words underlined are added 2.2.10.2. l. Permitted uses. 1. Mobile homes. 5. Educational Plants; however, any high school located in this district is subject to a compatibility review as described in Division 3.3. of the code. 2.2.10.4.3. Minimum yard requirements. 2.2.10.4.3.6. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. 2.2.12.2.1. Permitted uses. 1. Accounting, auditing and bookkeeping services (8721). 7.Educational Plants. ~. 8__:. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. § 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to section 2.6.26. g:. 9~ Offices for engineering, architectural, and surveying services (groups 0781, 8711--8713). ¢. 10__~. Health services (8011--8049). t4X. 11. Individual and family social services (8322 activity centers, elderly or handicapped; adult day care centers; and day care centers, adult and handicapped only). ~ 12. Insurance carriers, agents and brokers (groups 6311--6399, 6411). 4~. 13. Legal services (8111). ~ 14. Management and public relations services (groups 8741--8743, 8748). ~ 15__~. Miscellaneous personal services (7291 or 7299, debt counseling only). ~ 16__:. Nondepository credit institutions (groups 6141--6163). ~ 17__~. Photographic studios (7221). ~ 18_~. Physical fitness facilities (7991 permitted only when physically integrated and operated in conjunction with another permitted use in this district - no stand alone facilities shall be permitted). 4&. 19__:. Real estate (groups 6531--6552). 4~. 20. Shoe repair shops and shoeshine parlors (7251). ~ 21__~. Security and commodity brokers, dealer, exchanges and services (groups 621 1--6289). ~ 22. Transportation services (4724), travel agencies only. Page 33 of 174 Words s~uc!~ t~rm:g~ are deleted, words underlined are added ~ 23. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are purely associated with activities conducted in an office. 2.2.12.3. Conditional uses. The following uses are permissible as conditional uses in the (C-l) commercial professional and general office district, subject to the standards and procedures established in ~i';isic, n section 2.7.4.: 1. Ancillary_ Plants. &. 2_. Automobile parking (7521), garages-automobile parking, parking structures. ~. 3_. Churches and other places of worship. ~ 4~ Civic, social and fraternal associations (8641). & 5-. Depository institutions (groups 6011--6099). ~ 6~ Educational services (8211--8231, except regional libraries). 6:. 7~ Homeless shelters, as defined by this Code. ~. 8-. Increased building height to a maximum of 50 feet. g:. 9_. Mixed residential and commercial uses subject to the following criteria: a. A site development plan is approved pursuant to division 3.3. that is designed to protect the character of the residential uses and of the neighboring lands; b. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; c. The residential uses are designed so that they are compatible with the commercial uses; d. Residential dwelling units are located above principal uses; e. Residential and commercial uses do not occupy the same floor of a building; f. The number of residential dwelling units shall be controlled by the dimensional standards of the C-I district, together with the specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor area of the building; g. Building height may not exceed two stories; h. Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one-bedroom, 450 square feet; two-bedroom, 650 square feet; three- bedroom, 900 square feet; i. A minimum of 30 percent of the mixed use development shall be maintained as open space. The following may be used to satisfy the open space requirements: areas used to satisfy water management requirements, landscaped areas, recreation areas, or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); j. The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking areas from residential units, to the greatest extent possible. ¢. 10~ Nursing and personal care facilities (8082). 44X. 11. Funeral service (7261 except crematories). ~ 12. Religious organizations (8661). ~ 13. Soup kitchens, as defined by this Code. ~ 14. Veterinarian's office (0742), excluding outdoor kenneling. Page 34 of 174 Words s~,:clz thr,~ug~ are deleted, words underlined are added ~ 15. Any other commercial or professional use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeals. 2.2.12.4.3. Minimum yard requirements. l. Front yard. 25 feet. 5. Yard Requirements for public schools. a. For principal structures: 50 feet from all property_ lines. b. For accessory structures: 25 feet from all property_ lines. 2.2.13.2.1. Permitted uses. 1. Unless otherwise provided for in this section, all permitted uses and all conditional uses except increased height and mixed residential and commercial uses of the C-1 commercial professional and general office district. 5. Educational Plants. ~ 6~ Food stores with 2,800 square feet or less of gross floor area in the principal structure (groups 5411 except supermarkets, 5421--5499). 6:. 7_:. Gasoline service stations (5541 subject to section 2.6.28). ~ 8_:. General merchandise stores with 1,800 square feet or less of gross floor area in the principal structure (5331--5399). g:. 9~ Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. ~ 10. Hardware stores with 1,800 square feet or less of gross floor area in the principal structure (5251). 44X. 11. Health services (groups 8011--8049, 8082). ~ 12. Home furniture, furnishing and equipment stores with 1,800 square feet or less of gross floor area in the principal structure (groups 5713--5719, 5731--5736). 4~. 13__~. Libraries (8231) except regional libraries ~ 14. Miscellaneous repair services, except aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines (762¢-7631). ~ 15. Miscellaneous retail services with 1,800 square feet or less of gross floor area in the principal structure (5912, 5942--5961). ~ 16_~. Paint, glass and wallpaper stores with 1,800 square feet or less of gross floor area in the principle structure (5231). ~ 17.___:. Personal services (groups 7212, 7215,7221--7251, no beauty or barber schools, 7291). 4-%. 18___:. United States Postal Service (4311 except major distribution center). 4&. 19___~. Veterinary services (0742 excluding outside kenneling). Page 35 of 174 Words stp,:ct~ t~rc, ug~ are deleted, words underlined are added 4~. 20___~. Videotape rental with 1,800 square feet or less of gross floor area in the principal structure (7841). 2.2.13.3. Conditional uses. The following uses are commercial convenience district (C-2), subject to the Oivisicn section 2.7.4.: permissible as conditional uses in the standards and procedures established in 1. Ancillary Plant. & 2~ Educational services (8221, 8222) except regional libraries. ~. 3~ Homeless shelters, as defined by this Code. 4_. Mixed residential and commercial uses subject to the following criteria: a. A site development plan is approved pursuant to dDivision 3.3 that is designed to protect the character of the residential uses and neighboring lands; b. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; c. The residential uses are designed so that they are compatible with the commercial uses; d. Residential dwelling units are located above principal uses; e. Residential and commercial uses do not occupy the same floor of a building; f. The number of residential dwelling units shall be controlled by the dimensional standards of the C-2 district, together with the specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor area of the building or the density permitted under the growth management plan; g. Building height may not exceed two stories; h. Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one-bedroom, 450 square feet; two-bedroom, 650 square feet; three- bedroom, 900 square feet; i. The residential dwelling units shall be restricted to occupancy by the owners or lessees of the commercial units below; j. A minimum of 30 percent of the mixed use development shall be maintained as open space. The following may be used to satisfy the open space requirements: areas used to satisfy water management requirements; landscaped areas; recreation areas; or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintain0d); k. The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking areas from residential units, to the greatest extent possible. & 5~ Permitted personal service, video rental or retail uses with more than 1,800 square feet of gross floor area in the principal structure. &. 6~ Permitted food service (eating places or food stores) uses with more than 2,800 square feet of gross floor area in the permitted principal structure. & 7~ Soup kitchens, as defined by this Code. ~. 8= Any other convenience commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with purpose and intent statement of the district, as determined by the board of zoning appeals. 2.2.13.4.3. Minimum yard requirements. Page 36 of 174 Words ..... v ,~, ..... ~ are deleted, words underlined are added 1. Front yard. 25 feet. 5. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property_ lines. 2.2.14.2.1. I. Permitted uses. Unless otherwise provided for in this section, all permitted uses of the C-2 commercial convenience district. 7. Educational Plants. :7-:. 8__:. Food stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5411--5499). 8:. 9__:. General merchandise stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5331--5399). 9:. 10__~. Group care facilities (category 1 and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 44X. 1 I. [Reserved.] ~ 12. Home furniture, furnishing, and equipment stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5712--5736). ~ 13. Libraries (8231). 4~. 14. Marinas (4493), subject to section 2.6.22. ~ 15. Membership organizations (8611--8699). 4-5:. 16__:. Miscellaneous repair services (groups 7629--7631, 7699 bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). 4-6:. 17___:. Miscellaneous retail with 5,000 square feet or less of gross floor area, except drug stores (groups 5912-o5963 except pawnshops and building materials, 5992~-5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths). 4~. 18__:. Museums and art galleries (8412). ~ 19___~. Nondepository credit institutions (groups 6111--6163). 4~. 20__~. Paint, glass and wallpaper stores with 5,000 square feet or Jess of gross floor area in the principal structure (5231). 24X. 21_~. Personal services with 5,000 square feet or less of gross floor area in the principal structure (groups 7211, 7212, 7215, 7216 nonindustrial dry cleaning only,, 7291, 7299, babysitting bureaus, clothing rental, costume rental, dating service, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only). ~ 22___~. Physical fitness facilities (7991). ~ 23___:. Public administration (groups 9111--9199, 9229, 9311,9411--9451, 9511--9532, 9611- -9661). Page 37 of 174 Words ....... through are deleted, words underlined are added 3&. 24__=. Retail nurseries, lawn and garden supply stores with 5,000 square feet or less of gross floor area in the principal structure (5261). ~ 25~ Veterinary services (groups 0742, 0752 excluding outside kenneling). ~ 26. Videotape rental with 5,000 square feet or less of gross floor area in the principal structure (7841). 2~. 27__:. United States Postal Service (4311 except major distribution centers). ~ 28. Any use which was permissible under the prior GRC zoning district and which was lawfully existing prior to the adoption of this Code. ~ 29__~. Any of the foregoing uses that are subject to a gross floor area limitation shall be permitted by right without the maximum floor area limitation if the use is developed as an individual structure that is part of a shopping center. 2.2.14.3. Conditional uses. The following uses are permissible as conditional uses in the commercial intermediate district (C-3), subject to the standards and procedures established in ~i¥isi,vn section 2.7.4.: 1. Amusements and recreation services (groups 7911, 7922 community theaters only, 7933, 7993, 7999 boat rental, miniature golf course, bicycle and moped rental, rental of beach chairs and accessories only). 2. Ancillary_ Plants. 2-:. 3_:. Drinking places (5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 2.6.10. S,. 4_. Educational services (8221, 8222). ~ 5_. Food stores with greater than 5,000 square feet of gross floor area in the principal structure (groups 5411--5499). &. 6_. Homeless shelters, as defined by this Code. 6:. 7_. Hospitals (groups 8062--8069). % 8_. Justice, public order and safety (groups 9211, 9222, 9224, 9229). g:. 9_:. Social services (8322--8399). ¢. 10. Mixed residential and commercial uses, subject to the following criteria: a. A site development plan is approved pursuant to division 3.3 that is designed to protect the character of the residential uses and neighboring lands; b. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; c. The residential uses are designed so that they are compatible with the commercial uses; d. Residential dwelling units are located above principal uses; e. Residential and commercial uses do not occupy the same floor ora building; f. The number of residential dwelling units shall be controlled by the dimensional standards of the C-3 district, together with the specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor area of the building or the density permitted under the growth management plan; g. Building height may not exceed two stories; h. Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one-bedroom, 450 square feet; two-bedroom, 650 square feet; three- bedroom, 900 square feet; Page 38 of 174 Words struc!~ tkro~:gh are deleted, words underlined are added i. The residential dwelling units shall be restricted to occupancy by the owners or lessees of the commercial units below; j. A minimum of 30 percent of the mixed use development shall be maintained as open space. The following may be used to satisfy the open space requirements: areas used to satisfy water management requirements; landscaped areas; recreation areas; or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); k. The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking areas from residential urits, to the greatest extent possible. 44X. 11___~. Motion picture theaters, except drive-in (7832). ~ 12__~. Permitted personal services, video rental or retail uses (excluding drug stores (5912)), with more than 5,000 square feet of gross floor area in the principal structure. 4-2-:. 13__~. Permitted food service (eating places) uses with more than 6,000 square feet of gross floor area in the principal structure. 14. Permitted use with less than 700 square feet gross floor area in the principal structure ~ 15.__~. Soup kitchens, as defined by this Code. ~ 16. Vocational schools (8243--8299). ~ 17___~. Any other intermediate commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the permitted uses and purpose and intent statement of the district, as determined by the board of zoning appeals. 2.2.14.4.3. Minimum yard requirements. 1. Frontyard. 25 feet or one-half of the building height as measured from grade, whichever is the greater. 6o Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property_ lines. 2.2.15.2.1. Permitted uses. Unless otherwise provided for in this Code, all permitted uses in the C-3 commercial intermediate district. 4. Ancillary Plants. & 5_. Automotive dealers and gasoline service stations (groups 5511,5531, 5541 with services and repairs as described in section 2.6.28, 557l, 5599 new vehicles only). ~. 6= Automotive repair, services, parking (groups 7514, 7515, 7521 except that this shall not be construed to permit the activity of "tow-in parking lots"), and carwashes (group 7542), provided that carwashes abutting residential zoning districts shall be subject to the following criteria: Page 39 of 174 Words ...... ~- ~ .....~' are deleted, words underlined are added Size of vehicles. Carwashes designed to serve vehicles exceeding a capacity rating of one ton shall not be allowed. b. Minimum yards. 1. Front yard setback: 50 feet. 2. Side yard setback: 40 feet. 3. Rear yard setback: 40 feet. Minimum frontage. A carwash shall not be located on a lot with less than 150 feet of frontage on a dedicated street or highway. d. Lot size. Minimum 18,000 square feet. Fence requirements. If a carwash abuts a residential district, a masonry or equivalent wall constructed with a decorative finish, six feet in height shall be erected along the lot line opposite the residential district and the lot lines perpendicular to the lot lines opposite the residential district for a distance not less than 15 feet. The wall shall be located within a landscaped buffer as specified in section 2.4.7. All walls shall be protected by a barrier to prevent vehicles from contacting them. Architecture. The building shall maintain a consistent architectural theme along each building facade. Noise. A carwash shall be subject to Ordinance No. 90-17, Collier County Noise Control Ordinance [Code ch. 54, art. IV]. Washing and polishing. The washing and polishing operations for all car washing facilities, including self-service car washing facilities, shall be enclosed on at least two sides and shall be covered by a roof. Vacuuming facilities may be located outside the building, but may not be located in any required yard area. Hours of operation. Carwashes abutting residential districts shall be closed from 10:00 p.m. to 7:00 a.m. 6,. 7~ Building materials, hardware and garden supplies (groups 5231--5261). ~. 8_. Business services (groups 7311--7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, 7361, 7381, except armored car and dog rental, 7382--7389 except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories telephone, drive-away automobile, exhibits-building, filling pressure containers, field warehousing, fire extinguisher, floats-decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting and window trimming service). g:. 9~ Commercial printing (2752, excluding newspapers). 9:. 10__:. Communications (groups 4812--4841) including communications towers up to specified height, subject to section 2.6.35. 40:. 11. Eating and drinking establishments (5812, 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 2.6.10. 12. Educational Plants. 3___:. Educational services (8221, 8222) 4z2~. 14__:. Engineering, accounting, research, management and related services (groups 8711-- 8748). 44:. 15_~. Food stores (groups 5411--5499). Page 40 of 174 Words ...... ~- *~' ..... ~' are deleted, words underlined are added ~ 16. General merchandise stores (5311). ~ 17~ Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 4~. 18. Health services (groups 8051--8059, 8062-8069, 8071--8072 and 8092--8099). 4-7-:. 19. Hotels and motels (groups 7011,7021, 7041 when located within an activity center). 4&. 20. Marinas (4493, 4499 except canal operation, cargo salvaging, ship dismantling, lighterage, marine salvaging, marine wrecking, steamship leasing), subject to section 2.6.22. 4-%. 21__~. Miscellaneous repair services (groups 7622--7641, 7699 except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin, septic tank and cesspool cleaning, coppersmithing, farm machinery repair, fire equipment repair, furnace and chimney cleaning, industrial truck repair, machinery cleaning, repair of service station equipment, boiler cleaning, tinsmithing, tractor repair). 2&. 22. Miscellaneous retail (groups 5912-5963, 5992-5999). 2~. 23. Motion picture theaters (7832). ~ 24__~. Public or private parks and playgrounds. 2~. 25. Personal services (groups 7215, 7217, 7219, 7261 except crematories, 7291--7299). g4,. 26. Real estate (group 6512). g~. 27. Social services (groups 8322--8399, except for homeless shelters and soup kitchens). g&. 28__.~. [Reserved.] ~ 29__~. Vocational schools (groups 8243--8299). 2.2.15.4.3. Minimum yard requirements. 1. Front yard. 25 feet or one-half of the height of the building as measured from grade whichever is the greater. Structures 50 feet in height or greater shall maintain a minimum of a 25 foot front yard setback and shall be required to provide an additional one foot of setback for each foot of building height in excess of 50 feet. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property_ lines. 2.2.15 1/2.2.1. Permitted uses. 1. Unless otherwise provided for in this section, all permitted uses in the C-4 general commercial district. 2. Ancillary Plants. ~ 3~ Auctioneering/auction houses (groups 7389, 5999). ~. 4~ Automotive dealers and gasoline service stations (groups 5511--5599). & 5~ Automotive repair, services and parking (groups 7513--7549), provided that carwashes abutting residential zoning districts shall be subject to the following criteria: Page 41 of 174 Words str',~c!~ through are deleted, words underlined are added a. [Size of vehicles.] Carwash designed to serve vehicles exceeding a capacity rating of one ton shall not be allowed. b. Minimum yards. (1) Front yard setback: 50 feet. (2) Side yard setback: 40 feet. (3) Rear yard setback: 40 feet. c. Minimum frontage. A carwash shall not be located on a lot with less than 150 feet of frontage on a dedicated street or highway. d. Lot size. Minimum 18,000 square feet. e. Fence requirements. If a carwash abuts a residential district, a masonry or equivalent wall constructed with a decorative finish, six feet in height shall be erected along the lot line opposite the residential district and the lot lines perpendicular to the lot lines opposite the residential district for a distance not less than 15 feet. The wall shall be located within a landscaped buffer as specified in section 2.4.7. All walls shall be protected by a barrier to prevent vehicles from contacting them. f. Architecture. The building shall maintain a consistent architectural theme along each building facade. g. Noise. A carwash shall be subject to Ordinance No. 90-17, Collier County Noise Control Ordinance [Code ch. 54, art. IV]. h. Washing and polishing. The washing and polishing operations for all car washing facilities, including self-service car washing facilities, shall be enclosed on at least two sides and shall be covered by a roof. Vacuuming facilities may be located outside the building, but may not be located in any required yard area. i. Hours of operation. Carwashes abutting residential districts shall be closed from 10:00 p.m. to 7:00 a.m. ~ 6_:. Building construction--General contractors (groups 1521--1542). & 7= Building materials (groups 5211--5261). ~. 8= Business services (groups 7311--7353, 7359, 7389 contractors' disbursement, directories- telephone, recording studios, swimming pool cleaning, and textile designers only). ~ 9= Construction--special trade contractors (groups 1711--1793, 1796, 1799). 2. Educational Plants. ¢. 11. Education services (groups 8243--8249). 4~. 12__~. Motor freight transportation and warehousing (4225 mini- and self-storage warehousing only). ~ 13__.~. Fishing, hunting and trapping (groups 0912--0919). 4~. 14__~. Glass and glazing work (1793). ~ 15__~. Crematories (7261). ~ 16___~. Justice, public order and safety (groups 9211, 9221, 9222, 9224, 9229). ~ 17_=. Local and suburban transit (groups 4111--4121). -l-&. 18. Mobile home dealers (5271). ~ 19. Miscellaneous repair services (groups 7622--7699). 4&. 20_~. Outdoor storage yard, provided outdoor storage yard not be located closer than 25 feet to any public street and that such yard shall be completely enclosed, except for necessary ingress and egress, pursuant to the requirements of Section 2.2.15 1/2.6 of this Code. This provision shall not allow as a permitted or accessory use, wrecking yards, junkyards, or yards Page 42 of 174 Words struc!~ t~rm:g~ are deleted, words underlined are added used in whole or part for scrap or salvage operations or for processing, storage, display, or sales of any scrap, salvage, or secondhand building materials, junk automotive vehicles, or secondhand automotive vehicle parts. 4~. 21~ Printing, publishing, and allied industries (groups 2711,2721). 24X. 22_~. Transportation services (groups 4724--1729). 2.2.15 1/2.4.3. Minimum yard requirements. 1. Front yard. 25 feet. Yard Requirements for public schools. a. For principal structures: 50 feet from all property_ lines. b. For accessory structures: 25 feet from all property lines. 2.2.16.2.1. Permitted uses. 1. Agricultural services (groups 0711, except that chemical treatment of soil for crops, fertilizer application for crops and lime spreading for crops shall be a minimum of 500 feet from a residential zoning district, 0721, except that aerial dusting and spraying, disease control for crops, spraying crops, dusting crops, and insect control for crops (with or without fertilizing) shall be a minimum of 500 feet from a residential zoning district, 0722--0724, 0761, 0782, 0783). 2. Apparel and other finished products (groups 2311--2399). 3. Ancillary Plants. ~. 4~ Automotive repair, service, and parking (groups 75 l 3--7549). & 5_. Barber shops (group 7241). 5:. 6_. Beauty shops or salons (7231). & 7~ Building construction (groups 1521--1542). ¢. 8: Business services (groups 7312, 7313, 7319, 7334--7336, 7342--7389, including auction rooms (5999), subject to parking and landscaping for retail use). ~ 9_. Communications (groups 48124899 including communications towers up to specified heights, subject to section 2.6.35). ¢. 10. Construction--Special trade contractors (groups 1711--1799). 44X. 11___~. Crematories (7261). ~ 12__~. Depository and nondepository institutions (groups 6011--6163). 4~. 13_: Eating places (5812). 4~. 14___~. Educational services (8243--8249). ~ 15__~. Electronic and other electrical equipment (groups 3612--3699). ~ 16. Engineering, accounting, research, management and related services (groups 8711-- 8748). 44e. 17. Fabricated metal products (groups 3411--3479, 3491--3499). Page 43 of 174 Words str~:c!~ t~rm:gh are deleted, words underlined are added ~ 18__:. Food and kindred products (groups 2011--2099 except slaughtering plants). 4&. 19___:. Furniture and fixtures (groups 2511--2599). 4-%. 20~ General aviation airport. ~ 21_._:. Gunsmith shops (groups 7699) ~ 22__:. Heavy construction (groups 1611--1629). 2~. 23___:. Health services (8011 accessory to industrial activities conducted on-site only). ~ 24__:. Industrial and commercial machinery and computer equipment (351 t--3599). 2-4:. 25__~. Insurance agents, brokers, and service, including Title Insurance (group 6361 and 641 l). 2~. 26__:. Leather and leather products (groups 3131--3199). -24:. 27__~. Local and suburban transit (groups 4111--4173). ~ 28~. Lumber and wood products (groups 2426, 2431--2499). ~ 29__:. Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks (groups 3812--3873). Lzg~. 30. Membership organizations (groups 8611,8631). 20:. 31. Miscellaneous manufacturing industries (groups 3911--3999). ~ 32. Miscellaneous repair services (groups 7622--7699) with no associated retail sales. 3g:. 33__:. Motor freight transportation and warehousing (groups 4212, 4213 4225, 4226 except oil and gas storage, and petroleum and chemical bulk stations). ~ 34. Outdoor storage yards pursuant to the requirements of section 2.2.151/2.6. 34:. 35. Paper and allied products (2621--2679). 35:. 36. Personal services (groups 7211--7219). ~ 37._~. Physical fitness facilities (group 7991). 3~. 38___:. Printing, publishing and allied industries (groups 2711--2796). 3&. 39___~. Railroad transportation (4011, 4013). 39:. 40___:. Real estate brokers and appraisers (6531). 40:. 41~ Rubber and miscellaneous plastics products (groups 3021, 3052, 3053). ~ 42__:. Shooting range, indoor (group 7999). 4~. 43. Stone, clay, glass, and concrete products (groups 3221,3251, 3253, 3255--3273, 3275, 3281). ~ 44. Textile mill products (groups 2211--2221,2241--2259, 2273--2289, 2297, 2298). 44:. 45. Title abstract offices (group 6541). 4-5:. 46. Transportation equipment (groups 3714, 3716, 3731, 3732, 3751, 3761, 3764, 3769, 3792, 3799). 46. 47. Transportation by air (groups 4512--4581 ). 4~. 48. Transportation services (groups 4724--4783, 4789 except stockyards). 4&. 49. United States Postal services (4311). 4&. 50___~. Welding repair (7692). 50.51. Wholesale trade--Durable goods (groups 5012--5014, 5021--5049, 5063--5092, 5094--5099). Page 44 of 174 Words strucl: t?.rv, ugh are deleted, words underlined are added ~ 52~ Wholesale trade--nondurable goods (groups 5111--5159, 5181, 5182, 5191 except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides must be a minimum of 500 feet from a residential zoning district (5192~5199). 2.2.16.4.3. Minimum yard requirements. 1. Front yard. 25 feet. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. Sec. 2.2.17. Conservation District (CON District). 2.2.17.1. PURPOSE AND INTENT. The purpose and intent of the ~Conservation ~District (CON District.) is to conserve, protect and maintain vital natural resources within unincorporated Collier County that are owned primarily by the Fublic. All native habitats possess ecological and physical characteristics that justify_ attempts to maintain these important natural resources. Barrier Islands, coastal bays, wetlands, and habitat for listed species deserve particular attention because of their ecological value and their sensitivity to perturbation. All proposals for development in the CON District must be subject to rigorous review to ensure that the impacts of the development do not destroy or unacceptably degrade the inherent functionalvalues. The CON district includes such public lands as Everglades National Park, Big Cypress National Preserve, Florida Panther National Wildlife Refuge, portions ofth_~e Big Cypress Area of Critical State Concern, Fakahatchee Strand State Preserve, Collier-Seminole State Park, Rookery Bay National Estuarine Sanctuary Research Reserve, Delnor-Wiggins State Park, and the National Audubon's Corkscrew Swamp Sanctuary (privately owned), and C.R.E.W. It is the intent of the CON dDistrict to require review of all development proposed within the CON dDistrict to ensure that the inherent value of Collier County's natural resources is not destroyed or unacceptably altered. The CONdDistrict corresponds to and implements the conservation land use designation on the flture land use map of the Collier County growth management plan. ~r~,~. ,,~ maximum ~..o.,~-o~*" pe, ~'-missib!e in *~'~,,,~ 2.2.17.2. PER,~A!TTED ALLOWABLE USES. The following uses are perm itte~ as cf r!g~t, or ...................... :**~ uses, allowed in the CON District. 2.2.17.2.1 A. USES PERMITTED AS OF RIGHT. 1. Pub!!:!5 .......~,,.,~ w..-~"~;° On privately held land only, single family dwelling units, and mobile homes where the Mobile Home Zoning Overlay exists. 2. On publicly and privately held lands only, dormitories, duplexes and other types of housing, as may be incidental to, and in support of, conservation uses. 3. Passive parks, and other passive recreational uses, including, but not limited to: ~.a. Oopen space and recreational uses:.; b_. tgbiking, hiking, canoeing, and nature trails~; c_. Eequestrian paths:.; and d_:. ~nature preserves and wildlife sanctuaries. 4. Habitat preservation and conservation uses. 5. Family and Group Care Facilities. 6. Sporting and Recreational camps incidental to Conservation uses on public lands; or, on privately held lands, Page 45 of 174 Words ..... u *~ ..... ~ are deleted, words underlined are added 7. Agricultural uses that fall within the scope of Sections 163.3162(4) and 823.14(6) Florida Statutes. ~.8.Oil and gas exploration subject to state drilling permits and Collier Countynon- environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 throueh 62C-30, F.A.C., regardless of whether the activi _ty occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier Coun _ty outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a)( 1 ) through (12), F.A.C. 9. The following Essential Services: a. Private wells and septic tanks necessary to serve uses identified in 1 through 8 above. b. Utility lines necessary to serve uses identified in I through 8 above, with the exception of sewer lines. Sewer lines and lift stations if all of the following criteria are satisfied: (1) Such sewer lines or lift stations shall not be located in any NRPA Lands in the CON District; (2) Such sewer lines or lift stations shall be located with already cleared portions of existing rights-or-way or easements; and (3) Such sewer lines or lift stations are necessary to serve a central sewer system that provides service to Urban Areas or to the Rural Transition Water and Sewer District. d. Water pumping stations necessary to service a central water system providing service to Urban Areas and/or the Rural Transition Water and Sewer District. 2.2. ! 7.2.2. B_~. USES ACCESSORY TO PERMITTED USES. Uses and structures that are accessory and incidental to uses permitted as of right in the CON district. 2.2.17.2. C_~_. CONDITIONAL USES. The following uses are permitted as conditional uses in the conservation ~istr[ct CON, subject to the standards and procedures established in division 2.7.4 and further subject to: 1) submission of a plan for development as part of the required ElS that demonstrates that wetlands, listed species and their habitat are adequately protected; and 2) conditions which may be imposed by the Board of County Commissioners, as deemed appropriate, to limit the size, location, and access to the conditional use. 4. ScDools. ¢:.1 Oil and gas field development and production, subject to state field development permits and Collier County non-environmental site development plan review procedurex Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether Page 46 of 174 Words strack through are deleted, words underlined are added the activi _ty occurs within the Big Cypress Watershed, as defined in Rule 62G30.001(2), F.A.C. All applicable Collier Coun _ty environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the bounda _fy of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Adviso~ Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C~30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a)(1)through (12), F.A.C. 2. Those Essential Services set forth in Section 2.6.9.2.B. 3. Commercial uses accessory to permitted uses A.3, A.4, and A.7 above, such as retail sales of produce accessory to farming, or a restaurant accessory_ to a park or preserve, so long as limitations are imposed to ensure that the commercial use functions as a subordinate use. 4. Staff housing in conjunction with safety service facilities and essential services. 2.2.17.3.. DESIGN CRITERIA. A__:. DIMENSIONAL STANDARDS. The following dimensional standards shall apply to all permitted and accessory uses in the conservation district (CON). 2.2.17.4.1. Minimum lot area. Five acres. Each dwelling unit, other than for staffhousing and sporting and recreational camps, must be physically situated on a minimum five acre parcel except within the Big Cypress National Preserve, where each dwelling unit must be physically situated on a minimum 3 acre parcel, except for those legal nonconfoming lots or parcels in existence as of June 22, 2002, of less than five acres outside of the Big Cypress National Preserve and of less than 3 acres within the Big Cypress National Preserve. 2.2.17d..2. Minimum lot width. One hundred fifty feet. 2.2.17.4.3. Minimum yard requirements. -b.a. Front yard. 50 feet. ~.b__. Side yard. 50 feet. kc. Rear yard. 50 feet. ~.-2-A--T-4~. Maximum height. Thirty-five feet. 2.2.17.4.5. B__:. MAXIMUM DENSITY AND INTENSITY. 1. Single family dwellings and mobile homes 4-) a_. One dwelling unit for each five gross acres or one dwelling unit for each legal, nonconforming lot or parcel in existence as of June 22, 2002 of less than five acres, except within the Big Cypress National Preserve. b. Within the Big Cypress National Preserve, one dwelling unit per 3 gross acres, or one dwelling unit per legal, nonconforming lot or parcel in existence as of June 22, 2002 of less than 3 acres, ..,~,k:. ,k~ n~ r- ....... x~,~.~ D ........ *,-he 2. Family Care Facilities: I unit per 5 acres. 3. Group Care Facilities and other Care Housing Facilities: maximum floor area ratio not to exceed 0.45. 4. Sporting and Recreational Camps: I lodging unit per 5 gross acres, which may be achieved through clustering. 5. Staff housing: 1 lodging unit per 5 gross acres, which may be achieved through clustering. 2.2. ! 7.~.4. C_~. OFF-STREET PARKING. As required in Ddivision 2.3. 2.2. !7.~.7. D__~. LANDSCAPING. As required in D~livision 2.4. Page 47 of 174 Words struck thrm:g~ are deleted, words underlined are added 2.2.17.4.8 E_:. SIGNS. As required in D~livision 2.5. 2.2.18.2.1. Permitted uses. 1. Administrative service facilities. 6. Educational Plants. 6:. 7_:. Essential public service facilities. ~. 8-. Fairgrounds. ~ 9~ Libraries. 9:. 10__:. Museums. 44X. 1 1_~. Park and recreational service facilities. ~ 12__:. Parking facilities. ~ 13. Safety service facilities. ~ 14. Any other public structures and uses which are comparable in nature with the foregoing uses. 2.2.18.3. Conditional uses. The following uses are permissible as conditional uses in the public use district (P), subject to the standards and procedures established in di;'isicn section 2.7.4: 1. Airports and parking facilities. 2. Ancilla~ Plants. ~. 3_. Animal control. ~ 4_:. Detention facilities and jails. W. 5_. Detoxification facilities. 5:. 6~ Electric or gas generating plants. &.. 7_. Incinerators. ~. 8_:. Major maintenance and service facilities. g:. 9_. Mental health and rehabilitative facilities, not for profit. ¢. 10___~. Resource recovery plants. 44X. 1 1.__:. Rifle and pistol range for law enforcement training. __ Sanitary landfills. __ Any other public uses which are comparable in nature with the foregoing uses. __ Earthmining. 2.2.18.4.3. Minimum yard requirements. The yard requirements of the most restrictive adjoining district shall apply to all portions of the site within 100 feet of the adjoining district. Page 48 of 174 Words struc!~ t~rm:gh are deleted, words underlined are added Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. 2.2.19.2.1. Permitted uses. 1. Child care centers. 7. Public, schools. private and parochial schools. This includes "Educational Plants" for public 2.2.19.3. Conditional uses. The following uses are permitted as conditional uses in the community facility district (CF), subject to the standards and procedures established ' ,4~,~o:^~ in .........section 2.7.4: 1. Ancillary Plants. & 2_. Archery ranges. ~. 3_. Cemeteries. & 4_. Community centers. 4:. 5__:. Golf driving ranges. &. 6= Group care facility (category II, care unit), subject to section 2.6.26. 6:. 7= Marinas, boatramps. ~. 8_:. Private clubs, yacht clubs. & 9= Public swimming pools. ¢. 10~ Tennis facilities. 2.2.19.4.3. Minimum yard requirements. 1. Front yard. 25 feet. Yard Requirements for public schools. a. For principal structures: 50 feet from all property_ lines. b. For accessory structures: 25 feet from all property lines. 2.2.20.7. Special requirements for public school facilities within a planned unit development 2.2.20.7.1. Permitted facilities. Page 49 of 174 Words ...... ~' ~ .....h are deleted, words underlined are added Ancillary_ Plants and Educational Plants are both permitted in a planned unit development district; however, any high school located in this district is subject to a compatibility review as described in Section 3.3. of the code. 2.2.20.7.2. Yard Requirements for public schools. 1. For principal structures: 50 feet from all property lines. 2. For accessory structures: 25 feet from all property lines. 2.2.27 Rural Lands Stewardship Area Overlay District Design Standards 2.2.27.2 Definitions. As used in the RLSA District Regulations, the terms below shall have the fc!!vwing meanings set forth below, to the exclusion of any meanings ascribed to such terms in Division 6.3.: 1. Accessory Dwelling Unit- a dwelling unit that is supplemental and subordinate to a prima _ry dwelling on the same premises, limited to 900 square feet. ~ 2~ 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 July 25, 2000, and subject to the further provisions of section 2.2.27.8. 3. Building Height- Refers to the vertical extent ora building. Building height is measured in Stories. 4. Building Height to Street Width Ratio - The maximum height of the lallest building divided by the width of the street. The street width is the distance between two building facades. 5. Civic and Institutional Uses - Structures developed for and/or used by established organizations or foundations dedicated to public service or cultural activities includin~ the arts, education, government and religion. 2-:. 6~ 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, butshall 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 ora 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. 7. Context Zones - Areas that establish the use, intensi[y and diversity within a town, village or hamlet. Context zones specify_ permitted land uses, FARs, building height, setbacks, and oher regulating elements to guide the establishment of the urban to rural continuum. ~ 8~ Designation - Application of the SSA or SRA concepts through a formal application, review, and approval process as described in the RLSA District Regulations. ~ 9~ 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 my systems in the RLSA District. 5:. 10. Hamlet - Hamlets are a form of SRA and are small rural residential areas with primarily single-family housing and a limited range of conveniencooriented services. Hamlets serve as a more compact alternative to traditional five-acre lot rural subdivisions currently allowed in the baseline standards. ~ 11. HSA - habitat stewardship area - Privately owned lands delineated on the RLSA Overlay Map, which include both areas with natural characteristics that makethem 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. Page 50 of 174 Words str'ac!: thrc, ugE are deleted, words underlined are added 12. Landmark Building- A prominent civic or institutional building that creates a significant community feature, focal point, or terminating vista. g:. 13. 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, lind use and land cover codes are grouped as follows: Group I (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). & 14.__:. Land use layer (layer) - Permitted and conditional land uses within the Baseline Standards that are ora similar type or intensity and that are grouped together in the same column on the Land Use Matrix. ~. 15~ 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. ~ 16. 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 cf 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. ~ 17~ 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. 4~. 18___:. Natural resource index map series (index maps) - The Rural Lands Study Area Natural Resource Index Map Series adopted as part of the FLUE. ~ 19___:. 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. 20. Neighborhood Edge - A defining Context Zone that includes the least intensity and diversity within the town, village or hamlet. The zone is predominantly single family residential and recreational uses. The Neighborhood Edge may be use to provide a transition to adjoining rural land uses. 21. Neighborhood General - A defining Context Zone that creates community diversity with the inclusion of a mix of single and multi-family housing, neighborhood scale goods and services, schools, parks and other recreational uses, and open space. 22. Neighborhood Goods and Services Zone- Zone located within the Neighborhood General Context Zone. These zones are intended to provide convenient neighborhood scale retail and office use within proximity to the residential uses in order to support community walkabitty. ~ 23. 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. 24. Pathway - A defined corridor for the prima _ry use of non-motorized travel. 4~. 25. Post secondary institution ancillary uses - Any use or facility owned bya public or private post secondary institution that is ora type commonly found on public or private post secondary institution campuses. 4&. 26. 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 Page 51 of 174 Words s~,:cl: thro'ag~ are deleted, words underlined are added value shall be added under the Proximity Indices for land that is within an FSA, HSA,WRA, or public or private preserve. ~ 27~ 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. ~ 28__:. 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. 4~. 29__~. 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. 24X. 30. 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. ~ 31. RLSA district regulations - Collier County Land Development Code Section 2.2.27. ~ 32. 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 followingNatural Soils Landscape Positions (NSLP) categories: Open Water and Muck Depression Soils (NSLP Categories I and 5); Sand Depression Soils (NSLP Category 6); Flats Soils (NSLP Category 7); and Non-Hydric Soils (NSLP Categories 8, 9, and 11). 33. Special Districts - An area dedicated for certain uses that cannot be incorporated into one of the Context Zones. Special Districts provide for the inclusion of unique uses and development standards not otherwise defined in a context zone. ~ 34__:. SRA - Stewardship receiving area - A designated area within the RLSA District that has been approved for the development ora hamlet, village, town or CRD and that requires the consumption of stewardship credits. ~ 35__:. 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. 3-5:. 36__~. 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:. 37. Stewardship credit database - A database maintained by the county that keeps track of al of the credit transactions (generation of credits through SSA designation and the consumption of credits through SRA designation) approved by the county. ~ 38__~. 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 thenumber of credits that can be generated. Credits are generated through the designation of SSAs and consumed through the designation of SRAs. ~ 39. 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. 2~. 40__:. 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. 41. Story - That portion of a building included between a floor which is calculated aspart of the building's habitable floor area and the floor or roof next above it. Page 52 of 174 Words str'acl: through are deleted, words underlined are added 42. Sto~ Hal_f- The designation of a space on the upper level of a building in which the walls at the eaves are zero to four feet. 30. 43__~. 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. 44. Town Center - A defining Context Zone that is intended to provide a wide range of uses, including daily goods and services, culture and entertainment, and residential uses within a Town. The Town Center is an extension of eth Town Core, however the intensity is less as the Town Center serves as a transition to surrounding neighborhoods. 45. Town Core - A defining Context Zone within a Town. The Town Core is the most dense and diverse Context Zone with a full range of uses. The Town Core is the most active area within the Town with uses mixed vertically and horizontally. ~ 46__~. 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 includ~ a mixed-use village center to serve as the focal point for the community's support services and facilities. 47. Village Center - A defining Context Zone within a Village that is intended to provide a wide range of uses including daily goods and servioes, culture and entertainment, and residential uses. 3&. 48. 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. 2.2.27.10. SRA DESIGNATION 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. Masterplan 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 persectien Division 3.8 of the LDC; or c. A practicing landscape architect licensed by the State of Florida. J. Design criteria. Criteria are hereby established to guide the design and development of SRAs to include innovative planning and development strategies as setforth 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 lmmokalee 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. Page 53 of 174 Words sin:cf: thrzug~ are deleted, words underlined, are added 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 and the design crieria set forth in 2. through 6. below. a. SRA Characteristics Chart Collier County RLSA Overlay SRA Characteristics Chart Typical Town* Village Hamlet Compact Rural Development Characteristics Size (Gross ,1,000--4,000 acres 100--1,000 acres 40--100 acres'"' 100 Acres or less" Greater than 100 Acres~ Acres) Residential 1--4 DUs per gross acre*** 1--4 DUs per gross acre*** 112--2 DUs per gross acre*** 1/2--2 Dus per gross acre~ 1--4 Dus per gross acre~ Units (DUs) per gross acre base density Residential Full range of single family Diversity of single family and Single Family and limited Single family and limited Single family and limited Housing Styles and multi-family housing multi-family housing types, multi-family multi-family*'"'* multi-family**** types, styles, lot sizes styles, lot sizes Maximum Retail & Office - .5 Retail & Office - .5 Retail & Office - .5 Retail & Office - .5 Retail & Office - .5 Floor Area Civic/Governmental/Institutio Civic/Governmental/Institutio Civic/Govemmental/Institutio Civic/Governmental/Institutio Civic/Governmental/Institutio Ratio or n- .6 n - .6 n - .6 n - .6 n- .6 Intensity Manufacturing/Light Industrial Group Housing - .45 Group Housing - .45 Group Housing - .45 Group Housing - .45 - .45 Transient Lodging - 26 upa Transient Lodging - 26 upa Transient Lodging - 26 upa Transient Lodging - 26 upa Group Housing - .45 net net net net Transient Lodging - 26 upa net Goods and Town Center with Community Village Center with Convenience Goods and Convenience Goods and Village Center with Services and Neighborhood Goods Neighborhood Goods and Services: Minimum 10 SF Services: Minimum 10 SF Neighborhood Goods and and Services in Town and Services in Village Centers: gross building area per DU gross building area per DU Services in Village Centers: Village Centers: Minimum 65 Minimum 25 SF gross Minimum 25 SF gross SF gross building area per building area per DU building area per DU DU; Corporate Office, Manufacturing and Light Industrial Water and Centralized or decentralized Wastewater community treatment system Interim Well Centralized or decentralized and Septic community treatment system Intedm Well Individual Well and Septic Individual Well and Septic Centralized or decentralized and Septic System: Centralized or System: Centralized or community treatment system decentralized community decentralized community Intedm Well and Septic treatment system treatment system Recreation Community Parks (200 Parks & Public Green Spaces and Open SF/DU) with Neighborhoods Spaces Parks & Public Green Spaces Active Recreation/Golf with Neighborhoods Courses Active Recreation/Golf Lakes , Courses Open Space Minimum 35% Lakes of SPA Open Space Minimum 35% of SPA Public Green Public Green Spaces for Parks & Public Green Spaces Spaces for Neighborhoods (Minimum with Neighborhoods Neighborhood 1% of gross acres) Active Recreation/Golf s (Minimum Courses 1% of gross Lakes acres) Open Space Minimum 35% of SPA Civic, Wide Range of Services - Moderate Range of Services Limited Services Limited Services ' Moderate Range of Services Government minimum 15 SF/DU - minimum 10 SF/DU; Pre-K through Elementary Pre-K through Elementary minimum 10 SF/DU; and Full Range of Schools Full Range of Schools Schools Schools Full Range of Schools Institutional Semices Transportation Auto - interconnected system Auto - interconnected system Auto - interconnected system Auto - interconnected system Auto - interconnected system of collector and local roads; of collector and local roads; of local roads of local roads of collector and local roads; required connection to required connection to Pedestrian Pathways Pedestrian Pathways required connection to collector or arterial collector or arterial Equestrian Trails Equestrian Trails collector or arterial Interconnected sidewalk and Interconnected sidewalk and Interconnected sidewalk and pathway system pathway system pathway system County Transit Access Equestrian Trails Equestrian Trails County Transit Access County Transit Access * - Towns are prohibited within the ACSC, per policy 4.7. l of the Goals, Objectives, and Policies. Page 54 of 174 Words struck through are deleted, words underlined are added ** - 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 uses shall include proportionate support services. Underlined uses are not required uses. b. Streets within SRAs shall be designed in accord with the cross-sections set forth in Figures 1-18 below, as more specifically provided in J.2 through J.5. Alternatively, Collier Coun _ty Transportation Services may approve additional cross-sections as needed to meet the design objectives. (1) Figure 1: Town Core/Center. RIESIDE1 RETAIL .~,tm~ (LOCAL ST,RE ET) TOWN CORE/CENTER FIGURE 1 N,T,$, (2) Figure 2: Town Core/Center. RET~L (LOCAL STREET) TOWN CORE/CENTER FIGU~5,~ Page 55 of 174 Words strack through are deleted, words underlined are added (3) Figure 3: Alley: Town Core/Center. P-DI~I M [RCIflL BIgLDIIqG A31=H, ALT OR RRICK CflNI~ERC;U/L BUILDING; TOWN ALLEY CORE/CENTER FIGURE ..3 N.l',S, (4) Figure 4: Town Core/Center ,,,,' ,[NI~,) .L ~'T"r~ g AND (LOCAL ST~EU) TOWN CORE/CENTER FIGURE ~.T.$. -I Page 56 of 174 Words str.:ck through are deleted, words underlined are added (5) Figure 5: Neighborhood General (6) Figure 6: Neighborhood General (7) Figure 7: Neighborhood General. ,. I I-- ~ '}:l ~i~.~,')_,_ ~" I ]~' I ~' I ~' (~N.) :l= ~' I '~ ~m~tE~ ~-- ~L = = ~[ =~E = (LOCAL ~REET) NEIOHBORHOOD GENERAL FIGURE 7 Page 57 of 174 Words ..... ~- *~- ..... h are deleted, words underlined are added (8) Figure 8: Neighborhood General. (LOCAL STREW) NEIGHBORHOOD GENERAL FIGURE 8 lUNG W~hLL ~E~'EFIEId C E i~GINEER'S PL.~td ) (9) Figure 9: Neighborhood Edge. (LOCAL ST~E~) NEIGHBORHOOD EDGE FIGURE 9 (10) Figure 10: Neighborhood General. Page 58 of 174 Words st,",:cl: through are deleted, words underlined are added ALLEY NEIGHBORHOOD GENERAL FIGURE 10 RES IDENTIAL (11) Figure 11' Neighborhood Edge. * NOTE1: LJ~JD~.N:aE I:g IN TNlili ~ ZC:~£ EEOUIRENIENrS C~tlGN ~ 'OF 12' ,[MPl,) .I. ('TYPE ~ (COLLECTOR STREET) NEIGHBORHOOD EDGE FIGURE 1 1 N .T~ (12) Figure 12: Neighborhood Edge ~~R (COLLECTOR STREW) NEIGHBORHOOD EDGE FIGURE 1 2 ~.T~ (13) Figure 13: Collector Street: Neighborhood Edge. Page 59 of 174 Words str'.:ck thrc'.:gh are deleted, words underlined are added COLLECTOR STREET) NEIGHBORHOOD EDGE FIGURE 1 3 (14) Figure 14: Neighborhood Edge. (COLLECTOR STREET) NEIGHBORHOOD EDOE FIGURE 14. (15) Figure 15: Neighborhood Edge. I (COLLECTOR STREW) NEIGHBORHOOD EDGE FIGURE 15 (16) Figure 16: Neighborhood Edge. Page 60 of 174 Words st:Jck through are deleted, words underlined are added FIGURF 1 E5 (l 7) Figure 17: Neighborhood Edge. (18) Figure 18: Neighborhood Edge. Town Design Criteria.t.-~o~,rr~ ......., ~'~ a. General design criteria. (1) Shall be compact, pedestrian-friendly and mixed-use; Page 61 of 174 Words s~uck through are deleted, words underlined are added (2) Shall create an interconnected street system designed to disperse and reduce the length of automobile trips; (3) Shall offer a range of housing _types md price levels to accommodate diverse ages and incomes; Accessory_ dwelling units shall not count towards the total approved number of units, provided that the total number of units does not exceed the maximum density allowed by the GMP. (4) Shall include school sites that are sized and located to enable children to walk or bicycle to them; (5) Shall provide a range of open spaces including neighborhood and community parks, squares and playgrounds distributed throughout the community; (6) Shall include both communi _ty and neighborhood scaled retail and office uses~ (7) Shall have urban level services and infrastructure which supports development that is compact, including water management facilities and related structures, lakes, community and neighborhocd parks, trails, temporary construction, sales and administrative offices for authorized contractors and consultants, landscape and hardscape features, fill storage, and site filling and grading, which are allowed uses throughout the communi _ty. (8) Shall be designed in a progressive rural to urban continuum with the greatest density, intensity and diversity occurring within the Town Core, to the least densi _ty, intensity and diversity occurring within the Neighborhood Edge; (9) Shall provide sufficient transition to the adjoining use, such as active agriculture, pasture, rural roadway, etc., and compatibility through the use of buffering, open space, land use, or other means; (10) Shall include a minimum of three Context Zones: Town Core, Town Center and Neighborhood General, each of which shall blend into the other without the requirements of buffers: (11) May include the Context Zone of Neighborhood Edge; and (12) Shall allow signs typically permitted in support of residential uses including for sale, for rent, model home, and temporary_ construction signs. Specific design and development standards shall be set forth in the SRA document for such signs permitted in residential areas or in conjunction with residential uses. (13) To the extent that Division 2.8 is applicable within the Urban designated area, SRA Architectural Design Standards shall comply with the provisions of Division 2.8, unless additional or different design standards that deviate from Division 2.8, in whole or part, are submitted tothe County no later than when the first SRA Site Development Plan is submitted for approval. (14) To the extent that Division 2.4 is applicable within the Urban designated area, SRA Landscape Design and Installation Standards shall comply with the provisions of Division 2.4, unless additional or different design and installation standards that deviate from Division 2.4, in whole or in part, are submitted to the County no later than when the first SRA Site Development Plan is submitted for approval. b. Transportation Network (1) The transportation network shall provide for a high level of mobility for all residents through a design that respects the pedestrian and accommodates the automobile. (2) The transportation network shall be designed in an intercomected system of streets, sidewalks, and pathways. c. Open Space and Parks (1) Towns shall have a minimum of 35% open space. Page 62 of 174 Words struck tkreugh are deleted, words underlined are added (2) Towns shall have community_ parks that include sports fields and facilities with a minimum level of services of 200 square faet per dwelling unit in the Town. (3) Towns shall have passive or active parks, playgrounds, public plazas or courtyards as appropriate within each Context Zone. d. Context Zones. Context Zones are intended to guide the location of uses and their intensity and diversity within a Town, and provide for the establishment of the urban to rural continuum. (1) Town Core. The Town Core shall be the civic center ora Town. It is the most dense and diverse zone, with a full range of uses within walking distance. The Core shall be a prima _ry pedestrian zone with buildings positioned near the right-of-way, wide sidewalks shall he shaded through streetscape planting, awnings and other architectural elements. Parking shall be provided on street and offstreet in the rear of buildings within lots or parking structures. Signage shall be pedestrian scale and designed to compliment the building architecture. The following design criteria shall apply within the Town Core, with the exception of civic or institutional buildings, which shall not be subiect to the building height, building placement, building use, parking, and signage criteria below, but, instead, shall be subject to specific design standards set forth in the SRA Development Document and approved by the BCC that address the perspective of these buildings' creating focal points, terminatin~ vistas and significant communi _ty landmarks. (a) Uses - commercial, retail, office, civic, institutional, light industrial and manufacturing, essential services, residential, parks and accessory_ uses. Such uses may occur in shared use buildings or single use buildings. (b) The total building area within each block shall not exceed a floor area ratio of 3. (c) Retail and offices uses per block shall not exceed a floor area ratio of 0.5. (d) Civic uses per block shall not exceed a floor area ratio of 0.6. (e) Light industrial and manufacturing uses per block shall not exceed a floor area ratio of 0.45. (f) The densi _ty of transient lodging uses shall not exceed 26 dwellng units per Town Core gross acre. (g) The maximum building height shall be6 stories, excluding roofs and architectural features. (h) There shall be no minimum lot size. (i) The maximum block perimeter shall be 2500 Ft. (j) Minimum setbacks from allproperty boundaries shall be 0 feet and the maximum setback from the front boundary shall be 10 feet The maximum setback from the front boundary_ may be increased in order to create public spaces such as plazas and courtyards. (k) Overhead encroachments such as awnings, balconies, arcades and the like, shall maintain a clear distance of 9 feet above the sidewalk and 15 feet above the street. (1) Seating for outdoor dining shall be permitted to encroach into the public sidewalks and shall leave a minimum6-foot clear pedestrian way between the outdoor dining and the streetscape planting area. (m) Buildings within the Town Core shall be made compatible through similar massing, volume, frontage, scale and architectural features. (n) The maiority of parking spaces shall be provided off-street in the rear of buildings, or along the side (seconda _ry streets), organized into a series of small bays delineated by landscape islands of varied sized. A maximum spacing between landscape islands shall beten (10) spaces. Page 63 of 174 Words struck through are deleted, words underlined are added Landscape islands and tree diamonds shall have a minimum of one tree, Parking is prohibited in front of buildings, except within the right-of- way. Parking structures fronting on a primary street shall either include ground floor retail or have a minimum ten (10) foot wide landscaped area at grade, including one tree per five (5) square feet of landscaped area. Parking structures fronting on a secondary_ street shall have a minimum ten (10) foot wide, densely landscaped area at grade, including one tree per 250 square feet of landscaped area or 25 linear feet on center. The amount of required parking shall be demonstrated through a shared parking analysis submitted with an SRA designation application. Parking shall be determined utilizing the modal splits and parking demands for various uses recognized by ITE, ULI or other sources or studies. The analysis shall demonstrate the number of parking spaces available to more than one use or function, recognizing the required parking will vary depending on the multiple.functions or uses in close proximi _ty which are unlikely to require the spaces at the same time. The shared parking analysis methodology will be determined and agreed upon by the County Transportation staff and the applicant during the pro application meeting. The shared parking analysis shall use the maximum square footage of uses proposed by the SRA development document. (o) Streets shall adhere to J.l.b. and Figures 1, 2, 3, or 4. At a minimum all proposed streets shall include sidewaks on both sides of the street, parallel to the right-of-way, and a five (5) foot streetscape area between the back of curb and the sidewalk. In these areas, sidewalk protection such as root barriers, a continuous tree pit, and/or structural soils shall be provided. Streets shall maintain a minimum average building height to street width ratio of 1' 1, excluding landmark buildings. (p) Landscaping minimums within the Town Core shall be met by providing landscaping within parking lots as described, and byproviding a streetscape area between the sidewalk and curb at a minimum offive (5) feet in width, with trees planted forty_ (40) feet on-center. The five- foot minimum wide of planting area may be reduced to three (3) feet if sidewalk protection such as root barriers, continuous tree pits, and/or structural soils are provided. The street tree pattern may be interrupted by architectural elements such as arcades and columns. (q) General signage standards. i. Signage design shall be carefully integrated wih site and building design to create a unified appearance for the total property. ii. Signs shall be installed in a location that minimizes conflicts with windowsor other architectural features of the building. iii. Signs which create visual clutter or which block the view of signs on adjacent property shall not be permitted. iv. Creativity in the design of signs is encouraged in order to emphasize the unique character of the SRA. v. Sign Area: The area of any sign shall be the area ora rectangle which encloses all elements of the sign (excluding poles and brackets) including all text and any symbols or logos. vi. Signable Area: The signable area (total of all individual signs on that facade or related to that facade) of a fa~;ade facing a public street or a parking lot shall be limited to 20% of the total area of the facade. vii. Mounting height: No part of a sign which projects from a building or is mounted on a pole or bracket shall be less than eight feet above the grade. viii. Illumination: Signs may be illuminated by external spot lighting or internally illuminated. Lighting shall be designed and shielded so as not to glare onto adjacent properties or the public right-of-way. Page 64 of 174 Words struzk t~re~:g~ are deleted, words underlined are added ix. Material: Signs shall be constructed of durable materials suitable to the sign _type. The long term appearance of the sign shall be a major consideration in the selection of materials. x. Color: The color of signs shall be compatible with the colors and style of the building to which they are attached or otherwise associated. (r) The following sign types shall be permitted: i. Wall -A sign affixed directly to or painted directly on an exterior wall or fence. Maximum sign area- Facade width x 2.5. ii. Projecting - Any sign which projects from and is supported by a wall of a building with the display of the sign perpendicular to the building wall. Maximum sign area -- The fa(lade area x .05. up to a maximum of 100 Sq. Ft. iii. Window - A sign affixed to or behind a window. Maximum sign area- the area of the window with the sign x .30. iv. Hanging- A sign attached to and located below any eave, arcade, canopy or awning. Maximum sign area- 20 Sq. Ft. (two faces of 20 Sq. Ft. each). v. Awning - A sign or graphic attached to or printed on an awning. Maximum sign area - the area of the awning x .25. vi. vertical - 24 Sq. Pole - A sign mounted at the top of or bracketed from a pole which is supported by the ground. Maximum sign area ft (2 faces ~ 12 Sq. Ft. each.). vii. Monument - A sign secured to a base which is built directly upon the ground. Maximum sign area- 50 Sq. Ft., exclusive of the base. (2 faces of 50 Sq. Ft. each). Maximum height above grade- 6 feet. viii. Marquee - A sign usually proiecting from the face ora theater or cinema which contains changeable text to announce events. Sign area shall be compatible with the design of the theater building. Minimum height above grade- 10 feet. Minimum distance from curb 4 feet. ix. Sandwich boards - A movable sign comprised of two sign panels hinged together at the top. Maximum sign area- 12 square ft (2 faces at 12 Sq. Ft. each. x. Banners - Fabric panels proiecting from light poles or other structures. Maximum sign area- shall be proportional to the height of the pole: 16 feet pole - 15 Sq. Ft. max (2 faces at 15 Sq. Ft. ea.); 20 feet pole - 20 Sq. Ft. max. (2 faces at 20 Sq. Ft. ea.); 30 feet pole - 36 Sq. Ft. max (2 faces at 36 Sq. Ft. ea.). xi. Temporary_ signs as allowed by Division 2.5. (s) The following sign types are prohibited: Pole signs greater than 12 Sq. Ft. in area id. Portable or mobile signs except sandwich boards iii. Flashing or animated signs (except time and temperature signs) iv. Signs with changeable text (except Marquee) v. Off-site signs. Billboards. (2) Town Center. The Town Center shall provide a wide range of uses including daily goods and services, culture and entertainment, within walking distance. Like the Town Core, the Town Center is the primary pedestrian zone, designed at human scale to support the walking environment. It is the Main Street area of the Town. Buildings shall be positioned near the right- Page 65 of 174 Words struck through are deleted, words underlined are added of-way line, wide sidewalks shall be shaded by street trees and architectural elements. The following design criteria shall apply within the Town Centeh with the exception of civic or institutional buildings, which shall not be subject to the height, building placement, building use, parking, and signage criteria below, but, instead, shall be subject to specific design standards that address these buildings' creating focal points, terminating vistas, and significant community landmarks and that are set forth in the SRA Development Document and approved by the BCC. (a) Commercial, retail, office, civic, institutional, light industrial and manufacturing, essential services, parks, residential and schools and accessory_ uses shall be permitted. These uses may occur in shared use buildings or single use buildings. (b) The floor area ratio for the total building area within each block shall not exceed 2. (c) The floor area ratio for retail and office uses per block shall not exceed 0.5. (d) The floor area ratio for civic uses per block shall not exceed 0.6. (e) The floor area ratio for light industrial and manufacturing uses per block shall not exceed 0.45. (f) The maximum density for transient lodging shall be 26 dwelling units per Town Center gross acre. (g) The maximum building height shall be 5 stories, excluding roofs and architectural features. (h) The minimum lot area shall be 1,000 square feet. (i) The maximum block perimeter shall be 2500 Ft. (j) The minimum setbacks shall be 0 from all property_ boundaries and the maximum setback shall be 10 feet from the front right of way line. (k) Overhead encroachments such as awnings, balconies, arcades and the like, must maintain a clear distance of 9 feet above the sidewalk and 15 feet above the street. (1) Seating for outdoor dining shall be permitted to encroach the public sidewalks and shall leave a minimum 6-foot clear pedestrian way between the outdoor dining and the streetscape planting area. (m) Buildings within the Town Center shall be made compatible through similar massing, volume, frontage, scale and architectural features. (n) Streets shall adhere to J.l.b. and Figures I, 2, 3, or 4. At a minimum all proposed streets must include sidewalks on both sides of the street, parallel to the right-of-way, and a 5 Ft. streetscape area between the back of curb and the sidewalk. Streets shall maintain a minimum average building height to street width ratb of 1: l, excluding landmark buildings. (o) Parking space requirements and design are the same as in the Town Core. (p) Landscape minimums are the same as in the Town Core. (o) Signaee requirements are the same as in the Town Core. (3) Neighborhood General. Neighborhood General is predominately residential with a mix of single and multi-family housing. Neighborhood scale goods and services, schools, parks and open space diversify the neighborhoods. The interconnected street pattern is maintained through the Neighborhood General to disperse traffic. Sidewalks and streetscape support the pedestrian environment. The following design criteria shall apply within Neighborhood General: (a) Residential, neighborhood scale goods and services, civic, institutional, parks, schools and accessory uses shall be permitted. Page 66 of 174 Words ztn:c]: t~ret:g~ are deleted, words underlined are added (b) The maximum allowable building height shall be 3.5 stories. (c) The maximum block perimeter shall be 3500 feet, except that a larger block perimeter shall be allowed where an alley or pahway provides through access, or the block includes water bodies or public facilities. (d) The SRA Development Document shall set forth the development standards for all allowable types of single-family development, which shall, at a minimum, adhere to the following: The minimum lot area shall be 1,000 square feet. ii. Parking space requirements and design are the same as in the Town Core, inclusive of garage spaces, with an additional parking space required if an accessory_ dwelling unit is built. iii. Landscaping shall include a minimum ofsix _ty (60) square feet of shrub planting per lot, on lots that are 3,000 square feet or less in area; eighty (80) square feet on lots that are greater than 3,000 square feet but less than 5,000 square feet in area; and 100 square feet for lots 5,000 square feet or larger in area. Plantings shall be in identified planting areas, raised planters, or planter boxes in the front of the dwelling, with, at a minimum, turf grass for the remainder of the property_. (e) Multi-family residential uses shall adhere to the following: Lots shall be a maximum of 4 acres. ii. Front and side yard setbacks shall be a minimum of 10 feet and rear yard setbacks shall be a minimum of 20 feet for the prima _ry structure and 5 feet for any accesso _ry structures. iii. Porches, stoops, chimneys, bays canopies, balconies and overhangs may encroach into the front yard a maximum of 3 ft. 6 in and a maximum of 3 Ft. into side yards, but no element may encroach into a side yard such that the distance to the property line from the encroaching element is less than 3 Ft. 2 In., except that overhangs may encroach no more than 2 Ft. into any yard. iv. Parking space requirements and design are the same as in the Town Core. v. A minimum of 100 Sq. Ft. of shrub planting shall be required for each 2,000 Sq. Ft. of building footprint, and one tree shall be required for each 4,000 Sq. Ft. of lot area, inclusive of street trees, with such plantings in planting areas, raised planters, or planter boxes in the front of the building and a minimum of turf grass for the remainder of the property_. Non-residential uses shall adhere to the following: i. All such uses shall be located at intersection comers or street bends and shall not be permitted at mid-block locations; ii. If the non-residential use is a restaurant, grocery store, or convenience store, it shall be located on an alley loaded site; iii. The minimum distance between non-residential uses shall be 1,000 feet, as measured along the street frontage at the right-of- way line. iv. The maximum square footage per use shall be 3,000 square feet and per location shall be 15,000 square feet; v. The use shall have a minimum lot area of not less than the size of the smallest adjacent lot. vi. The minimum setbacks shall be as follows: 0 feet from the front property boundary_, a distance from the side property_ boundary_ that is equal to the setback of the adjacent property_ and a minimum Page 67 of 174 Words str'.-'ck tb. ro'agh are deleted, words underlined are added of 20 feet from the rear property boundary for the principal structtre and 5 feet from the rear property boundary for any accessory_ structures. vii. Parking space requirements and design are the same as in the Town Core, with on-street parking provided only along the lot street frontage. No off-street parking shall be permitted between the front facade and the front property line. No ofl~street parking shall be permitted between the side facade and the street side property. line for comer lots. All off-street parking shall be screened from the street and adiacent property by wall, fence and/or landscaping. viii. Landscaping shall include a minimum of 100 Sq. Ft. of shrub planting per 2,000 Sq. Ft. of building footprint, and one tree per 4,000 Sq. Ft. of lot area, inclusive of street trees. Plantings shall be in planting areas, raised planters, or planter boxes in the front of the building. Minimum of turf grass for the remainder of the property_. (g) General signage requirements: i. Sign Area: The area of any sign shall be the area of a rectangle which encloses all elements of the sign (excluding poles and brackets) including all text and any symbols or logos. ii. Allowable sign Area: The allowable sign area (total of all individual signs on that facade or related to that facade) ofa faq:ade facing a public street or a parking lot shall be limited to 20% of the total area of the facade. iii. Mounting height: No part ora sign which projects from a building or is mounted on a pole or bracket shall be less than eight feet above the grade unless not in the pedestrian path. iv. Illumination: Signs may be illuminated by external spot lighting or internally illuminated. Lighting shall be designed and shielded so as not to glare onto adiacent properties or the public right-of-way. (h) Prohibited Sign Types: i. Pole signs ii. Portable or mobile signs except sandwich boards iii. Flashing or animated signs (except time and temperature signs) iv. Signs with changeable text including v. Marquee - A sign usually projecting from the face ora theater or cinema which contains changeable text to announce events vi. Banners vii. Off-site signs, billboards viii. Signage is prohibited outside of Neighborhood Goods and Services Zones, except as necessary within open spaces, parks, and neighborhoods for directional and area identification purposes. (i) The following sign _types are allowable: i. Wall - A sign affixed directly to an exterior wall or fence. Maximum sign area- 24 square ft. ii. Projecting - Any sign which projects from and is supported by a wall ora building with lhe display of the sign perpendicular to the building wall. Maximum sign area = The faq:ade area x .05. up to a maximum of 40 sq. ft. iii. Window - A sign affixed to or behind a window. Maximum sign area - 20% of the area of the window. Page 68 of 174 Words str'..'clc thre,'agh are deleted, words underlined are added iv. Hanging - A sign attached to and located below any eave. canopy or awning. Maximum area- 12 sq. ft. (may be double sided) v. Awning - A sign or graphic attached to or printed on an awning. Maximum sign area- 20% of the area of the awning. vi. Monument - A sign secured to a base which is built directly upon the ground. Maximum sign area- 30 sq. ft., exclusive of the base. (2 faces of 30 sq. ft. each). Maximum height above grade-4 feet. vii. Sandwich boards - A movable sign comprised of two sign panels hinged together at the top. Maximum sign area- 12 square ft (2 faces at 12 sq. ft. each). viii. Temporary signs as allowed by Division 2.5. (j) Signage within Neighborhood Goods and Service Zones shall adhere to the following: i. Signage design shall be carefully integrated with site and building design to create a unified appearance for the total property_. ii. Signs shall be installed in a location that minimizes conflicts with windows or other architectural features of the building. iii. Signs which create visual clutter or which block the view of signs on adjacent property shall not be permitted iv. CreativiW in the design of signs is encouraged in order to emphasize the unique character of the SRA. (k) Streets shall adhere to J.l.b and Figures 5, 6, 7, 8, or 10. At a minimum all proposed streets must include sidewalks on both sides of the street, parallel to the right-of-way, and a 5 Ft. streetscape area between the back of curb and the sidewalk. (4) Neighborhood Edge (optional). Neighborhood Edge is predominately a single-family residential neighborhood. This zone has the least intensi _ty and diversity within the Town. The mix of uses is limited, Residential lots are larger and more open space is evident. The Neighborhood Edge may be used to provide atransition to adjoining rural land uses. The following standards shall apply with the Neighborhood Edge: (a) The permitted uses within the Neighborhood Edge are residential, parks, open space, golf courses, schools, essential services, and accessory uses. (b) Building heights shall not exceed 2 stories. (c) Lots shall have a minimum area of 5000 square feed with lot dimensions and setbacks to be further defined with the SRA Development Document. (d) The perimeter of each block may not exceed 5000 feet, unless an alley or pathway provides through access, or the block includes water bodies or public facilities. (e) Parking space requirements and design are the same as in the Town Core, inclusive of garage spaces, with provision for an additional parking space if an accessory_ dwelling unit is built. (f) Landscaping shall include a minimum of 100 Sq. Ft. of shrub planting per lot, with plantings in planting areas, raised planters, or planter boxed in the front of the dwelling and a minimum of turf grass for the remainder of the property_. (g) Streets shall adhere to J.l.b. and to Figures 9, 11, 12, 13, 14, 15, 16, 17, or 18~ At a minimum all proposed streets must include a 10-foot pathway on one side of the street with an 8-foot streetscape area between the edge of curb and the pathway. Page 69 of 174 Words stvaclz thrm:gh are deleted, words underlined are added (5) Special District (optional). The Special District is intended to provide for uses and development standards not otherwise provided for within the Context Zones. Special Districts would be primarily single use districts, such as universities, business parks, medical parks, resorts, that require unique development standards to ensure compatibility with surrounding neighborhoods. The location of Special Districts shall be illustrated on the SRA Master Plan, and uses and development standards shall be defined in detail within the SRA development application for review by Collier County staff. Special Districts could be for uses such as Universities, business or industrial parks, retirement communities, resorts. etc. 3. Village Design Criteria. [Reserved] a. General criteria. (1) 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. (2) Villages shall be designed in a compact, pedestrian-~endly form. (3) Create an interconnected street system designed to disperse and reduce the length of automobile trips. (4) Offer a range of housing types and price levels to accommodate diverse ages and incomes. Accessory. dwelling units shall not count towards the maximum allowed density. (5) Be developed in a progressive rural to urban continuum with the greatest density, intensity and diversity occurring within the Village Center, to the least densi _ty, intensity and diversity occurring within the Neighborhood Edge. (6) The SRA document shall demonstrate the urban to rural transition occurring at the Villages limits boundary provides sufficient transition to the adjoining use, such as active agriculture, pasture, rural roadway, etc., and compatibility through the use of buffering, open space, land use, or other means. (7) Shall allow signs _typically permitted in support of residential uses including for sale, for rent, model home and temporary_ const~ctions signs. Specific design and development standards shall be set forth in the SRA document for such signs permitted in residential areas or in conjunction with residential uses. (8) To the extent that Division 2.8 is applicable within the Urban designated area, SRA Architectural Design Standards shall comply with the provisions of Division 2.8, unless additional or different design standards that deviate from Division 2.8, in whole or part, are submitted to the County no later than when the first SRA Site Development Plan is submitted for approval. (9) To the extent that Division 2.4 is applicable within the Urban designated area, SRA Landscape Design and Installation Standards shall comply with the provisions of Division 2.4, unless additional or different design and installation standards that deviate from Division 2.4, in whole or in part, are submitted to the County no later than when the first SRA Site Development Plan is submitted for approval. b. Transportation Network. The transportation network for a Village shall adhere to the same standards provided for within a Town. c. Parks. A Village shall provide a range of active and passive parks, squares and playgrounds as appropriate to be located within each Context Zone and Special District. d. Context Zones. (1) General. (a) Villages shall be designed to include a minimum of two Context Zones: Village Center and Neighborhood General. Page 70 of 174 Words struck threugh are deleted, words underlined are added (2) (b) Each Zone shall blend into the other without the requirements of buffers. (c) Villages may include the Context Zone of Neighborhood Edge. (d) Villages may include Special Districts to accommodate uses that require use specific design standards not otherwise provided for within the Context Zones. (e) The SRA Master Plan shall designate the location of each Context Zone and each Special District. The Village Center shall be designated in one location. Neighborhood General, Neighborhood Edge and Special District may be designated in multiple locations. (f) Context Zones are intended to guide the location of uses and their intensity and diversi _ty within a Village, and provide for the establishment of the urban to rural continuum. Village Center. (a) The allowable uses within a Village Center are commercial, retail, office, civic, institutional, essential services, parks, residential and schools and accessory uses. (b) Uses may occur in shared use buildings or single use buildings. (c) The floor area ratio of any use shall not exceed 2 for the total building area within each block, shall not exceed 0.5 for retail and office uses per block shall not exceed 0.6 for civic uses per block. (d) Transient Lodging- 26 dwelling units per Village Center gross acre (e) Maximum building height- 5 Stories, excluding roofs and architectural features. (f) Minimum lot area: 1,000 SF (g) Block Perimeter: 2,500 Ft. max (h) Front setbacks - 0 to 10 feet from the right-of-way line (i) Side setbacks- 0 feet (j) Rear setbacks - 0 feet (k) Overhead encroachments such as awnings, balconies, arcades and the like, must maintain a clear distance of 9 feet above the sidewalk and 15 feet above the street. (1) Seating for outdoor dining shall be permitted to encroach the public sidewalks and shall leave a minimum 6-foot clear pedestrian way between the outdoor dining and the streetscape planting area. (m) The design of civic or institutional buildings shall not be subject to the specific standards of this subsection which regulate building height, building placement, building use, parking, and signage bul; instead, shall be subject so specific design standards that address the perspective of these buildings' creating focal points, terminating vistas, and significant community landmarks and that are set forth in the SRA Development Document and approved by the BCC. (n) Buildings within the Village Center shall be made compatible through similar massing, volume, frontage, scale and architectural features. (o) Streets shall adhere to J. l.b. and Figures 1, 2, 3, or 4. At a minimum all proposed streets shall include sidewalks on both sides of the street, parallel to the right-of-way, and a 5 Ft. streetscape area between the back of curb and the sidewalk. Streets shall maintain a minimum average building height to street width ratio of 1:1, excluding landmark buildings. Page 71 of 174 Words ..... ~- *~- ..... t, are deleted, words underlined are added (p) General parking criteria i. On-street parking spaces within the limits of the front property line, as projected into the right-of-way, shall count towards the required number of parking spaces. ii. The majori _ty of parking spaces shall be provided off-street in the rear of buildings, or along the side (seconda _fy streets). Parking is prohibited in front of buildings. iii. Parking areas shall be organized into a series of small bays delineated by landscape islands of varied sized. A maximum spacing between landscape islands shall be 10 spaces. Landscape islands shall have a minimum of one canopy tree. iv. Parking lots shall be accessed from alleys, service lanes or secondary_ streets. (q) The majori _ty of parking spaces shall be provided off-street in the rear of buildings, or along the side (secondary streets), organized into a series of small bays delineated by landscape islands of varied sized. A maximum spacing between landscape islands shall be 10 spaces. Landscape islands and tree diamonds shall have a minimum of one tree. Parking is prohibited in front of buildings, except within the right-of- way. Parking lots shall be accessed from alleys, service lanes or secondary streets. Parking structures fronting on a primary street shall include ground floor retail. Parking structures fronting on a secondary_ street shall have a minimum 10 Ft. wide, densely landscaped area at grade, including one tree per 250 square feet of landscaped area or twen[y-five (25) lineal feet on-center. The amount of required parking shall be demonstrated through a shared parking analysis submitted with an SRA designation application. Parking shall be determined utilizing the modal splits and parking demands for various uses recognized by ITE, ULI or other sources or studies. The analysis shall demonstrate the number of parking spaces available to more than one use or function, recognizing the required parking will vary_ depending on the multiple functions or uses in close proximi _ty which are unlikely to require the spaces at the same time. (r) Landscaping minimums within the Village Center shall be met by providing landscaping within parking lots as described, and by providing a streetscape area between the sidewalk and curb at a minimum of 5 Ft in width. In these areas, sidewalk protection such as root barriers, continuous three pits, and/or structural soils shall be provided. Trees shall be planted forty (40) feet on-center. The street tree pattern may be interrupted by architectural elements such as arcades and columns. (s) Signage standards within the Village Center shall comply with those provided in the Town Center. (3) Neighborhood General. Design standards for the Neighborhood General within a Village shall be the same as defined within a Town. (4) Neighborhood Edge (optional). Design standards for the Neighborhood Edge within a Village shall be the same as defined within a Town. (5) Special District (optional). The Special District is intended to provide for uses and development standards not otherwi;e provided for within the Context Zones. Uses and development standards shall be defined in detail within the SRA development application for review by Collier County staff. 4. Hamlet Design Criteria a. General. (1) Hamlets are small rural residential areas with primarily single-family housing and limited range of convenience-oriented services. (2) Hamlets may include the Context Zones of Neighborhood General and Neighborhood Edge. Page 72 of 174 Words struck through are deleted, words underlined are added (3) Non-residential uses shall be provided in one location, such as a crossroads, and designed to incorporate the community green. b. Open spaces and parks. At a minimum, Hamlets shall provide a public green equal to a minimum of 1% of the total Hamlet gross acreage. c. Context Zones. Context Zones are intended to guide the location of uses and their intensi _ty and diversity within a Hamlet, and provide for the establishment of the urban to rural continuum. (1) Neighborhood General. Neighborhood General is predominately residential with a mix of single and multi-family housing. Neighborhood scale goods and services, schools, parks and open space diversify the neighborhoods. The street grid is maintained through the Neighborhood General to disperse traffic. Sidewalks and streetscape support the pedestrian environment. The design criteria applicable within Neighborhood General are as follows: (a) Uses -residential, neighborhood scale goods and services, civic, institutional, parks and schools. (b) Building height- 3.5 Stories (c) Block Perimeter: 3500 Ft. max. The maximum may be greater if an alley or pathway provides through access, or the block includes water bodies or public facilities. (d) For single-family residential uses: Minimum lot area: 1,000 SF ii. Setbacks and encroachments to be defined in the SRA Development Document iii. Parking space requirements and design are the same as in the Town Core, with provision for an additional parking space if an accessory_ dwelling unit is built. iv. Landscaping - Minimum of 60 Sq. Ft. of shrub planting per lot. Plantings shall be in planting areas, raised planters, or planter boxed in the front of the dwelling. Minimum of turf grass for the remainder of the property. (e) For multi-family residential uses: Maximum lot area: 4 acres. ii. Front yard setbacks - 10 Ft. iii. Minimum side yard setbacks- 10 Ft. iv. Minimum rear yard setbacks- 20 Ft. for primary structure, 5 Ft. for accessory structures v. Encroachments: Porches, stoops, chimneys, bays canopies, balconies and overhangs may encroach into the front yard 3 Ft. 6 In. These same elements may encroach 3 Ft. into side yards but no element may encroach into a side yard such that the distance to the property line from the encroaching element is less than 3 Ft. 2 In. except that overhangs may encroach 2 Ft. into any yard. vi. Parking space requirements and design are the same as in the Town Core. vii. Landscaping- Minimum of 100 Sq. Ft. of shrub planting per 2,000 Sq. Ft. of building footprint, and on tree per 4,000 Sq. Ft. of lot area, inclusive of street trees. Plantings shall be in planting areas, raised planters, or planter boxes in the front of the building. Minimum of turf grass for the remainder of the property. (t) Non-residential uses Location: at intersection comer. Mid-block locations are Page 73 of 174 Words struck through are deleted, words underlined are added 5o not allowed. ii. iii. iV. Maximum square footage per use is 5,000. Maximum square footage per location is 20,000. Min. lot area: No less than the min. lot area of the smallest adjacent lot. v. Front setbacks - Equal to the smallest utilized setback of the adiacent lot vi. Side setbacks - Equal to the smallest utilized setback of the adjacent lot vii. Rear setbacks - minimum 20 feet for the principal structure and 5 feet for any accesso _fy use viii. Parking. Parking space requirements and design are the same as in the Town Core. On-street parking must be provided along the lot street frontage. No off-street parking shall be permitted between the front faq:ade and the front property_ line. All off-street parking shall be screened from the street and adjacent property_ by wall, fence and/or landscaping. ix. Landscaping. Minimum of 100 Sq. Ft. of shrub planting per 2,000 Sq. Ft. of building footprint, and on tree per 4,000 Sq. Ft. of lot area, inclusive of street trees. Plantings shall be in planting areas, raised planters, or planter boxes in the front of the building. Minimum of turf grass for the remainder of the property. x. Signage within Neighborhood General shall comply with the standards provided in the Town Neighborhood General. xi. Streets shall adhere to J. 1.b. and Figures 5, 6, 7, 8, or 10. At a minimum all proposed streets must include sidewalks on both sides of the street, parallel to the right-of-way, and a 5 foot streetscape area between the back of curb and the sidewalk. (2) Neighborhood Edge. Neighborhood Edge is predominately a single-family residential neighborhood. This zone has the least intensity and diversity. The mix of uses is limited. Residential lots are larger and more open space is evident. The Neighborhood Edge may be used to provide a transition to adjoining rural land uses. (a) Uses- residential, parks, golf courses, schools, essential services (b) Building height - 2 Stories (c) Minimum lot area 5000 square feet (d) Setbacks to be further defined within the SRA Development Document (e) Block Perimeter: 5000 feet max. The maximum may be greater if an alley or pathway provides through access, or the block includes water bodies or public facilities. (f) Parking. - Parking space requirements and design are the same as in the Town Core. Provision shall be made for an additional parking space if an accessory dwelling unit is built. (g) Landscaping. Minimum of 100 Sq. Ft. of shrub planting per lot. Plantings shall be in planting areas, raised planters, or planter boxed in the front of the dwelling. Minimum of turf grass for the remainder of the property. (h) Streets shall adhere to J.l.b and Figures 9, 11, 12, 13, 14, 15, 16, 17, or 18. At a minimum all proposed streets must include a 10-foot pathway on one side of the street with an 8-foot streetscape area between the edge of curb and the pathway, CP, D Design Criteria. Compact Rural Development Criteria Page 74 of 174 Words ....... thret:gh are deleted, words underlined are added 2.2.27.11 A. a. General. (1) Compact Rural Development (CRD) is a form of SRA thatwill provide flexibili _ty with respect to the mix of uses and development standards, but shall otherwise comply with the design standards of a Hamlet or Village. (2) A CRD may include, but is not required to have permanent residential housing and the services and facilities that support permanent residents. (3) Except as described above, a CRD will conform to the design standards ora Village or Hamlet as set forth herein based on the size of the CRD. As residential units are not a required use, those goo:Is 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 shall be provided. b. Example. An example of a CRD 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 that necessa _fy to support permanent residents. Baseline Standards. BASELINE STANDARDS PURPOSE AND INTENT. These Baseline Standards will remain in effect for all land within the RLSA District unless or until such land becomes subject to the transfer or receipt of Stewardship Credits, except as to those agricultural uses subject to sections163.3162(4) and 823.14(6), Florida Statutes. The Baseline Standards are intended to protect water quality and quanti _ty, maintain the natural water regime, and protect listed animal and plant species and their habitats on land that has not been designated as an SSA or SRA. The opportuni _ty to voluntarily participate in the Stewardship Credit Program, as well as the right to sell conservation easements or a fee or lesser interest in the land, shall constitute compensation for the loss of any development rights related to these standards. B. APPLICABILITY OF CODE. Except as otherwise specifically provided in Section 2.2.27.11, those provisions of this Code in effect as of November [ ], 1999, shall apply to all land within the RLSA District unless or until such lands become subject to the transfer or receipt of Stewardship Credits. C. ALLOWABLE USES. The permitted, accessory_, and conditional uses allowed shall be those set forth in Section 2.2.2 in effect as of November [ ], 1999, with the following exceptions: 1. Residential Uses, General Conditional Uses, Earth Mining and Processing Uses, and Recreational Uses (layers 1-4) as listed in the Matrix at Section 2.2.27.9.B.4.b. shall be eliminated in all FSAs, as provided in Section 2.2.27.8.G. 2. 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 an Index value of 1.2 or less, as provided in Section 2.2.27.8.G. 3. 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 and 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 in compliance with the criteria established in Chapter 62C-25 through 62C 30, F.A.C., regardless of whether the activi _ty occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirementsof Chapter 62C 25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., lo assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. Page 75 of 174 Words struck tkmugh are deleted, words underlined are added 4. Asphaltic and concrete batch making plants shall be prohibited in areas mapped as HSAs. STANDARDS APPLICABLE INSIDE THE ACSC. RLSA District lands within the ACSC shall be subject to all ACSC regulatory standards, including those that strictly limit non agricultural clearing. E STANDARDS APPLICABLE OUTSIDE THE ACSC. Except to the extent superceded by G or H below, the following standards shall apply to all development within those areas of the RLSA District that are outside of the ACSC, other than agricultural operations that fall within the scope of sections 163.3162_(4) and 823.14(6), F.S., and single family residential dwellings, unless or until such lands are subject to transmittal or receipt of Stewardship Cr~tits: 1. A wildlife survey, as set forth in 3.8.5.7, shall be required for all parcels when listed species are known to inhabit biological communities similar to those existing on site or where listed species are directly observed on the site. 2. A minimum of 40% of the native vegetation on the project site must be retained. If listed species are directly observed on the site of the project or are indicated by evidence, such as denning, foraging, or other indications, first priority shall be given to [reserving the habitat of such listed species. 3. If the wildlife survey indicates that listed species are utilizing the site, or the site is capable of supporting and is likely to support listed species, a wildlife habitat management plan shatl be prepared and submitted to the Coun .ty. a. The wildlife habitat management plan within the RLSA District shall include the following techniques to protect listed species from the negative impacts of development: (1) Open space and vegetation preservation requirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated by human activities. (2) Fencing, walls, other obstructions, or other provisions shall be used to minimize development impacts to the listed species and toencourage wildlife to use wildlife corridors. (3) Roadways crossings, underpasses, and signage shall be used where roads must cross wildlife corridors. b. The wildlife habitat management plan shall also incorporate the following.: (1) a description of the techniques used to direct incompatible land uses away from listed species and their habitats and to comply with the criteria identified in I and 2 above, as applicable; (2) identification of appropriate lighting controls for permitted uses and a consideration of the opportunity to utilize prescribed burning to maintain fire-adapted preserved vegetation communities and provide browse for whito tailed deer, consistent with the UFWS South Florida Multi-Species Recover Plan, May 1999, except as recommended otherwise by the UFWS or FFWCC; and (3) if the development will be larger than 10 acres, a monitoring program. c. The following references shall be used, as appropriate, to prepare the wildlife habitat management plan: (1) South Florida Multi-Species Recovery_ Plan, USFWS, 1999. (2) Habitat Management Guidelines for the Bald Eagle in the Southeast .Region, USFWS, 1987. (3) Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations found on Lands Slated for Large Scale Development in Florida, Technical Report No. 4, Florida Game and Fresh Water Fish Commission, 1987. (4) Ecology and Development-Related Habitat Requirements of the Florida Scrub Jay (Apelocoma coerulescens), Technical Report No. 8~ Florida Game and Fresh Water Fish Commission, 1991. Page 76 of 174 Words struck t~r~ug~ are deleted, words underlined are added (5) Ecology and Habitat Protection Needs of the Southeastern American Kestrel (Falco Sparverius Paulus) on Large-scale Development Sites in Florida, Nongame Technical Report No. 13, Florida Game and Fresh Water Fish Commission, 1993. d. The following species specific provisions shall be included within the wildlife habitat management plan if the wildlife survey indicates that the identified species utilizes the site or the site is capable of supporting and is likely to support such species: (1) Gopher tortoise. For parcels containing gopher tortoises (Gopherus polyphemus), priority shall be given to protecting the largest, most contiguous gopher tortoise habitat with the greatest number of active burrows, and for providing a connection to off site adjacent gopher tortoise preserves. (2) Florida scrub jay. Habitat preservation for the Florida scrub jay (Aphelocoma coerulescens) shall conform to the guidelines contained in Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 1991. A maintenance program shall be established, which shall specify appropriate fire or mechanical protocols to maintain the natural scrub community. A public awareness program to educate residents about the on site preserve and the need to maintain the scrub vegetation shall be developed. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery_ Plan, May 1999. (3) Bald eagle. For the bald eagle (Haliaeetus leucocephalus), the required habitat management plans shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain _types of activities during the nest season. These requirements shall be consistent with the UFWS South Florida Multi-Species Recover Plan, May 1999. (4) Red-cockaded woodpecker. For the re&cockaded woodpecker (lpicoides borealis), the required habitat protection plan shall outline measures to avoid adverse impacts to active clusters and to minimize impacts to foraging habitat. Where adverse effects can not be avoided, measures shall be taken to minimize on-site disturbance and compensate or mitigate for impacts that remain. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery_ Plan, May 1999. (5) Florida black bear. In areas where the Florida black bear (Ursus americanus floridanus) may be present, the management plans shall require that garbage be placed in bear-proof containers, at one or more central locations. The management plan shall also identify_ methods to inform local residents of the concerns related to interaction between black bears and humans. Mitigation for impacting habitat suitable for black bear shall be considered in the management plan. (6) Panther. For projects located in Priority I or Priority II Panther Habitat areas, the management plan shall discourage the destruction of undisturbed, native habitats that are preferred by the Florida panther (Felis concolor co _fyi) by directing intensive land uses to currently disturbed areas. Preferred habitats include pine flatwoods and hardwood hammocks. In turn, these areas shall be buffered from the most intense land uses of the project by using low intensity land uses (e.g., parks, passive recreational meas, golf courses). 4. On property_ where the wildlife survey establishes that listed species are utilizing the site or where the site is capable of supporting listed species and such listed species can be anticipated to potentially occupy the site, the Coun _ty shall, consistent with the RLSA Overlay of the GMP, consider and utilize recommendations and letters of technical assistance from the State of Florida Fish and Wildlife Conservation Commission and recommendations from the U.S. Fish and Wildlife Service in issuing development orders. It is recognized that these agency recommendations, on a case by case basis may change the requirements contained in herein and any such change shall be deemed consistent with this Code. F. GOLF COURSE STANDARDS. Except as otherwise required by G or H below, all golf courses within the RLSA Districtthat are not within an SRA shall be subject to the following requirements: Page 77 of 174 Words struck t~rough are deleted, words underlined are added 1. Golf courses shall be designed, constructed, and managed in accordance with Audubon International's Gold Signature Program. The project shall demonstrate that the Principles for Resource Management required by the Gold Signature Program (Site Specific Assessment, Habitat Sensitivity, Native and Naturalized Plants and Natural Landscaping, Water Conservation, Waste Management. Energy Conservation & Renewable Energy Sources, Transportation, Greenspace and Corridors, Agriculture, and Building Design) have been incorporated into the golf course's design and operational procedures. In addition to addressing these requirements, golf courses shall meet the following specific criteria: a. In order to prevent the contamination of soil, surface water and ground water by the materials stored and handled by golf course maintenance operations, golf courses shall comply with the Best Management Practices for Golf Course Maintenance Departments, prepared by the Florida Department of Environmental Protection, May 1995. b. To protect ground and surface water quality from fertilizer and pesticide usage, golf courses shall demonstrate the following management practices: (1) The use of slow release nitrogen sources; (2) The use of soil and plant tissue analysis to adjust timing and amount of fertilization applications; (3) The use of an integrated pest management program using both biological and chemical agents to control various pests; (4) The coordination of pesticide applications with the timing and application of irrigation water; and (5) The use of the procedure contained in IFAS Circular 1011, Managing Pesticides _for Golf Course Maintenance and Water Quality Protection, May 1991 (revised 1995) to select pesticides that will have a minimum adverse impact on water quali _ty. 2. To ensure water conservation, golf courses shall incorporate the following in their design and operation: a. Irrigation systems shall be designed to use weather station information and moisture-sensing systems to determine the optimum amount of irrigation water needed considerine soil moisture and evapotranspiration rates. b. As available, golf courses shall utilize treated effluent reuse water consistent with Sanitary Sewer Sub-Element Objective 1.4 and its policies; c. Native plants shall be used exclusively except for special purpose areas such as golf greens, fairways, and building sites. Within these excepted areas, landscaping plans shall require that at least 75% of the trees and 50% of the shrubs be freeze- tolerant native Floridian species. At least 75% of the required native trees and shrubs shall also be drought tolerant species. 3. Stormwater management ponds shall be designed to mimic the functions of natural systems: by establishing shorelines that are sinuous in configuration in order to provide increased length and diversi _ty of the littoral zone. A Littoral shelf shall be established to provide a feeding area for water dependent avian species. The combined length of vertical and rip-rapped walls shall be limited to 25% of the shoreline. Credits to the site preservation area requirements, on an acre- to- acre basis, shall be given for littoral shelves that exceed these littoral shelf area requirements. G. STANDARDS APPLICABLE IN FSAS, HSAS, AND WRAS THAT ARE OUTSIDE OF THE ACSC. The provisions of Divisions 3.8, 3.9, and 3.11 in effect as of November [ ], 1999, shall apply to FSAs, HSAs, and WRAs that outside of the ACSC, with the following exceptions: 1. Site clearing and alteration shall be limited to 20% of the property and nonpermeable surfaces shall not exceed 50% of any such area. 2. Except for roads and lakes, any nonpermeable surface greater than one acre shall provide for release of surface water run off, collected or uncollected, in a manner approximating the natural surface water flow regime of the surrounding area. 3. Roads shall be designed to allow the passage of surface water flows through the use of equalizer pipes, interceptor spreader systems or performance equivalent structures. Page 78 of 174 Words stn:c!: t?,rzug~ are deleted, words underlined are added 4. Revegetation and landscaping of cleared areas shall be accomplished with predominantly native species and planting of unde~rable exotic species shall be prohibited. H. STANDARDS APPLICABLE TO WETLANDS OUTSIDE OF FSAS, HSAS, WRAS, AND THE ACSC. Wetlands located outside of FSAs, HSAs, WRAs, and the ACSC shall be preserved in accord with the following criteria: 1. The vegetative preservation requirement set forth in E.2 above shall first be met through preservation of wetlands havin~ a functionality_ assessment score of 0.65 or greater. Applicants shall establish the wetland functionality score of wetlands using the South Florida Water Management District's Unified Wetland Mitigation Assessment Method, F.A.C. 62-345. Upland vegetative communities may be utilized to meet the vegetative, open space, and site preservation requirements when the wetland functional assessment score of on-site wetlands is less than 0.65. 2. Wetlands utilized by listed species or serving as corridors for the movement of listed species shall be preserved on site. 3. Wetland flowway functions through the project shall be maintained. 4. Ground water table drawdowns or diversions shall not adversely change the hydroperiod of preserved wetlands on or offsite and detention and control elevations shall be set to protect surrounding wetlands and be consistent with surrounding land and project control elevations and water tables. In order to meet these requirements, projects shall be designed in accordance with Sections 4.2.2.4.6.11 and 6.12 of SFWMD's Basis of Review, January 2001. 5. All direct impacts shall be mitigated for as required by applicable federal or state agencies and in the same manner as set forth in Division 3.9.5.3.B.1 of this Code. 6. Single family residences shall follow the requirements contained within Policy 6.2.7 of the Conservation and Coastal Management Element. 7. Appropriate buffering shall be provided to separate preserved wetlands from other land uses. A minimum 50-foot vegetated upland buffer is required adjacent to a natural water body and for other wetlands a minimum 25-foot vegetated upland buffer adjacent to the wetland. A structural buffer, consisting of a stem-wall, a berm, or a vegetative hedge with suitable fencing, may be used in coniunction with a vegetative buffer that would reduce the vegetative buffer width by 50%. A structural buffer shall be required adjacent to wetlands where direct impacts are allows. Wetland buffers shall conform to the following standards: The buffer shall be measured landward from the approved jurisdictional line. b. The buffer zone shall consist of preserved native vegetation. Where native vegetation does not exist, native vegetation compatible with the existing soils and expected hydrologic conditions shall be planted. c. The buffer shall be maintained free of Category I Exotics. d. The following land uses are considered to be compatible with wetland functions and are allowed within the buffer: (1) Passive recreational areas, boardwalks and recreational shelters; (2) Pervious nature trails; (3) Water management structures; (4) Mitigation areas; (5) Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses. 8. Mitigation Requirements. Mitigation shall be required for direct impacts to wetlands, such that the wetland functional score of the mitigation equals or exceeds the wetland functional score of the impacted wetlands. a. Priority shall be given to mitigation within FSAs and HSAs. Page 79 of 174 Words struck tkrzugk are deleted, words underlined are added b. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for by providing an equal anount of storage or conveyance capacity on site and within or adjacent to the impacted wetland. c. Protection shall be provided for preserved or created wetland or upland vegetative communities offered as mitigation by placing a conservation easement over the land in perpetui _ty, providing for initial exotic plant removal (Class I invasive exotic plants defined by the Florida Exotic Plan Council) and continuing exotic plant maintenance, or by appropriate ownership transfer to a state or federal agency along with sufficient funding for perpetual management activities. 9. Prior to issuance of any final development order that authorizes site alteration, the applicant shall demonstrate compliance with paragraphs 8.a through 8.c above, as applicable. If state or federal agency permits have not provided mitigation consistent with paragraphs 8 above, the Coun _ty shall require mitigation exceeding that of the jurisdictional agencies. 10. Wetland preservation, buffer areas, and mitigation areas shall be identified orplatted as separate tracts. In the case of a Planned Unit Development (PUD), these areas shall also be depicted on the PUD Master Plan. These areas shall be maintained free from trash and debris and from Category_ I Exotics. Land uses allowed in these arms shall be limited to those identified in 7.d above. Sec. 2.2.30. NATURAL RESOURCE PROTECTION AREA OVERLAY DISTRICT (NRPA) 2.2.30.1 PURPOSE AND INTENT. The purpose and intent of the Natural Resource Protection Area Overlay District (NRPA) is to: protect endangered or potentially endangered species by directing incompatible land uses away their habitats; to identify large, connected, intact, and relatively unfragmented habitats, which may be important for these listed species; and to support State and Federal agencies' efforts to protect endangered or potentially endangered species and their habitats. NRPAs may include major wetland systems and regional flow-ways. These lands generally should be the focus of any federal, state, Coun _ty, or private acquisition efforts. Accordingly, allowable land uses, vegetation preservation standards, development standards, and listed species protection criteria within NRPAs set forth herein are more restrictive than would otherwise be permitted in the underlying zoning district and shall to be applicable in addition to any standards that apply tin the underlying zonin~ district. A. NRPA OVERLAY AREAS. NRPAs are located in the following areas: 1. Clam Bay Conservation Area (within Pelican Bay Planned Unit Development); 2. CREW (Corkscrew Regional Ecosystem Watershed); 3. North Belle Meade; 4. South Belle Meade; 5. South Golden Gate Estates. Page 80 of 174 Words ztruc!: t~rm:g~ are deleted, words underlined are added LEE COUNTY RURAL FRINGE NATURAL RESOURCE PROTECTION AREAS LEE COUNTY IMMOKALEE ROAD RANDALL BLVD GOLDEN GATE BOULEVARD i IMMOKALEE ROAD B. NRPAS DESIGNATED AS RFMU SENDING LANDS WITHIN THE RFMU DISTRICT. NRPAs located in the RFMU District are identified as RFMU Sending Lands and are further subject to the provisions, conditions and standards set forth in Section 2.2.21/2.4. Private property owners within these NRPAs may transfer residential development rights from these important environmentally sensitive lands to other identified "receiving" lands pursuant to eth specific provisions set forth in Section 2.6.39. of this Code. C. DEVELOPMENT STANDARDS. Development within a NRPA shall adhere to the following standards: 1. Vegetation Retention and Site Preservation - Native vegetation retention shall be as required in Section 3.9.4.3. 2. Permitted and conditional uses for all lands within a NRPA that are zoned CON and for those lands within any NRPA that are publicly owned shall be as set forth in Sections 2.2.17.2.A., B., and C., respectively. 3. For privately owned lands within a NRPA within the RFMU District, permitted and conditional uses shall be those as set forth in the RFMU District Sending Lands (Section 2.2.2'A.4.). 4. For privately owned lands within a NRPA and designated Estates, permitted and conditional uses shall be those as set forth in the Estates Designation within the Golden Gate Area Master Plan. As these privately owned Estates Designated lands are acquired for Page 81 of 174 Words struck thrcugh are deleted, words underlined are added conservation purposes, the Comprehensive Plan and will be amended to change the Designation to Conservation and the property will be rezoned to the CON district. 5. There are approximately 15 sections of privately owned land within a NRPA that are not designated Sending and are not located within the RFMU District. Eight (8) of these sections, known as the "hole-in-the-doughnut," are located within the South Golden Gate Estates NRPA and surrounded by platted Estates lots, almost all of which have been acquired by the State under the Florida Forever program as part of the Picayune Strand State Forest. The remaining seven (7) sections are within an approved mitigation bank located north and west of Corkscrew Swamp Sanctuary. As these privately owned Agricultural/Rural Designated lands are acquired for conservation purposes, the Plan will be amended to change the Designation to CON District. Until such time as the designation on these lands is change to CON District, permitted and conditional uses for these primtely owned lands shall be those set forth in underlying zoning district. (NRPAs). 2.2.31.1. Duratic, r,. Only ce~ain !and uses as specified !n subsect!en 2.2.2!.3 of the Code shah Area and the Rural Land Lands Area, as these Areas are identified in the Pat'are !and use element ~; ..... ado ng 2.2.31.2. Gccgrafhic cc,ere cf ,~a::~ra! resource fratcctio:: arcax. The natural resource ;.~..a~ ~"~+~*;~" areas resource prmec;:cn areas identified.- ;- uses phrase ;.~,,4~ planned "":* I Agricultural ..4 ,a;.~**~ .... to,,4 uses. g! 2. One sin e ....... ; ......... ar .... . · ,,;*~ ...... or !5 .... ;,m~, ,. ,~ ~,;,,: ........ 4 4~ ,,, require a rezone or consistent clear Page 82 of 174 Words stv.'-ck through are deleted, words underlined are added See. 2.2.31 NORTH BELLE MEADE OVERLAY DISTRICT (NBMO) 2.2.31.1 PURPOSE AND INTENT. The North Belle Meade Overlay (NBMO) is unique to the RFMU District because it is surrounded by areas that are vested for development on three sides. Because this area is largely undeveloped and includes substantial vegetated areas, the NBMO can and does provide valuable habitat for wildlife, including endangered species. The NBMO is intended to achieve a balance of both preservation and opportunities for future development that takes into account resource protection and the relationship between this area and the Estates developing around the NBMO. 2.2.31.2. GENERAL LOCATION. The NBMO area is surrounded by Golden Gate Estates to the north, east, and west and 1-75 to the south. This NBMO comprises some 24 sections of land and approximately 15,550 acres and is located entirely within the RFMU District (Section 2.2.2V2.) Page 83 of 174 Words struck through are deleted, words underlined are added NORTH BELLE MEADE OVERLAY DISTRICT GOLDEN GATE BOULEVARD ALLIGATOR ALLEY (S.R. 84) INTERSTATE- 75 2.2.31.3. APPLICABILITY: A. NBMO RECEIVING LANDS. Permitted, conditional, and accessory_ uses within NBMO Receiving Lands shall be as set forth in Section 2.2.2V2.2, except as provided in 2.2.31.5. All other provisions of this Code that implement the Future Land Use Element, Conservation and Coastal Management Element, or Public Facilities Element, including but not limited to Divisions 3.9 and 3.11, shall only be applicable to development in NBMO Receiving Lands to the extent specifically stated in Section 2.2.31. However, all development within NBMO Receiving Lands shall comply with all non-environmental review procedures for site development plans and platting as set forth in this Code. B. NBMO NEUTRAL LANDS. Except as otherwise specifically provided in 2.2.31.4 and 2.2.31.5.B, all development within NBMO Neutral Lands shall be consistent with Section 2.2.2V2.3. C. NBMO SENDING LANDS. Except as otherwise specifically provided in Section 2.2.31.4, all development with NBMO Sending Lands shall be consistent with Section 2.2.21/2.4. 2.2.31.4 GENERAL PLANNING AND DESIGN CONSIDERATIONS: A. TRANSPORTATION. As a condition for the approval of the residential component of any subdivision plat, site development plan, PUD, or DRI within Sections 21, 28, or 27 of the NBMO, the following transportation related improvements and planning and design elements shall be addressed and provision made for their completion. 1. An extension of Wilson Boulevard shall be provided, including ROW dedication and construction to County collector road standards, through Section 33, Range 27 East, extending to the south to Interstate 75 via an interchange or service road for residential development should it commence in Sections 21, 28 and 27. The portion of Wilson Boulevard that traverses through NBMO Sending Lands shall be designed with aquatic species crossings and small terrestrial animal crossings. 2. As an alternative to 2 above, a haul road along an extension of Wilson Boulevard shall be improved to standards sufficient, in the opinion of Coun_ty transportation staff, to safely serve earth-mining activities with a connection through Sections 32 and 31 to Landfill Road. 3. Lands required for the extension of Wilson Boulevard will be dedicated to Collier Coun _ty at the time of rezoning. The right-of-way shall be of a sufficient size to accommodate collector road requirements. Page 84 of 174 Words gtruc!: threugh are deleted, words underlined are added 4. All new roads and road improvements, other than the Wilson Boulevard extension and the haul road referenced in 3 above, shall: a. be routed so as to avoid traversing publicly owned natural preserves, publicly owned parks, publicly owned recreation areas, areas identified as environmentally sensitive wildlife habitat, wildlife corridors, and greenways unless there is no feasible and prudent alternative; and b. be designed with aquatic species crossings, small terrestrial animal crossings, and large terrestrial animal crossings pursuant to Florida Fish and Wildlife Conservation Commission criteria. B. BUFFERING. The western 1/4 of Sections 22 and 27 shall be buffered from the NBMO NRPA to the east by a buffer preservation that includes all of the eastern ½ of the western 1/4 of Sections 22 and 27. This buffer shall consist of lake excavation areas between the Wilson Boulevard extension road right-of-way and the NRPA. C. GREENWAY. A Greenway that follows natural flowways, as contemplated in the Community Character Plan prepared by Dover Kohl, shall be created within NBMO Sending Lands. As a condition to the creation of TDR Credits from NBMO Sending Lands that constitute natural flowways, such lands shall be dedicated to a public or private enti _ty for use as part of the Greenway. 2.2.31.5 ADDITIONAL SPECIFIC AREA PROVISIONS A. RECEIVING LANDS 1 .Densi _ty. a. The base density in RFMU Receiving Lands, outside of a Rural Village is one dwelling unit per five (5) gross acres. b. This density may be increased, through TDR Credits, up to a maximum of 1 dwelling unit per gross acre. c. Once a densi _ty of 1 dwelling unit per gross acre is achieved through TDR Credits, additional may be achieved as follows: (1) 0.1 dwelling unit per acre for each acre of native vegetation preserved on-site[ (2) 0.l dwelling unit per acre for each acre of wetlands having a functionality value, as assessed using the South Florida Water Management District's Unified Wetlands Mitigation Assessment Method, of 0.65 or greater that are preserved on-site; and/or (3) 0.1 dwelling unit per acre for each acre of NBMO Sending Land that is within either a NRPA or a buffer area adjoining a NRPA that is dedicated to a public or private entity for conservation use. 2. The earth mining operation and asphalt plant uses that currently exist within NBMO Receiving Lands may continue and may expand as follows: a. Until June 19, 2004, or such other date as the GMP is amended to provide, such uses may expand only into the western half of Section 21 and shall not generate truck traffic beyond average historic levels. b. Such mining operations and an asphalt plant may expand on Sections 21 and 28 and the western quarters of 22 and 27 as a permitted use if either of the following occur by June 19, 2004, or such other date as the GMP is amended to provide: (1) an alignment has been selected, funding has been determined, and an accelerated construction schedule established by the BCC and the mine operator, for an east-west connector roadway between County Road 951 and the Wilson Boulevard extension; or (2) the mine operator commits to construct a private haul road by June 19, 2006, or such other date as the GMP is amended to provide, without the use of any public funds. c. If the conditions for expansion set forth in b above are not satisfied, any mining operations or asphalt plant in these areas, other than continued operations Page 85 of 174 Words struck through are deleted, words underlined are added on the western half of Section 21 at historic levels, shall be permitted only as a conditional use. 3. A Greenbelt is not required for any development in NBMO Receiving Lands, whether inside or outside of a Rural Village. 4. NBMO Rural Village. A NBMO Rural Village shall adhere to the provisions for Rural Village set forth in Section 2.2.2½.2.11, except as follows: a. Density. An NBMO Rural Village shall have a minimum gross densi _ty of 1.5 dwelling units per acre and a maximum gross density of three (3) dwelling units per acre. (1) The minimum required density shall be achieved through TDR and Bonus Credits, as provided in Section 2.2.2½.2.B.3.c. (2) Once the minimum required density_ is achieved, additional density. may be achieved, up to the maximum of three (3) dwelling units per gross acre through any one or combination of the following: (a) TDR Credits; (b) 0.3 dwelling unit per acre for each acre of native vegetation preserved on-site; (c) 0.3 dwelling unit per acre for each acre of wetlands having a functionality_ value, as assessed using the South Florida Water Management District's Unified Wetlands Mitigation Assessment Method, of 0.65 or greater that are preserved on-site; and/or (d) 0.3 dwelling unit per acre for each acre of NBMO Sending Land that is within either a NRPA or a buffer area adjoining a NRPA that is dedicated to a public or private entity for conservation use. b. Sidewalks shall be required on both sides of the streets. c. Interconnected bike lanes shall be provided on all collector and arterial roadways. d. Schools shall be located within a NBMO Rural Village whenever possible, in order to minimize bussing of students. Furthermore, whenever possible, schools shall be co-located with other public facilities and civic structures, such as parks, libraries, communi _ty centers, public squares, greens, and civic areas. e. Elementa_ry schools shall be accessible by local streets and pedestrian and bicycle facilities and shall be located in or adjacent to the Rural Village Center, provided that local streets provide access adequate to meets the needs of the School Board. B. NEUTRAL LANDS. Neutral Lands shall be governed by the standards set forth in Section 2.2.2½.3, with the exception that, in those Neutral Lands located in Section 24, Township 49 South, Range 26 East, a minimum of 70% of the native vegetation present shall be preserved. a narrc;;' .... rca_w% , ......, ...... ,, Page 86 of 174 Words struck thrcagh are deleted, words underlined are added The area has been experiencing redevelopment pressure due to its proximi~' to the water. the ar:a would redevelop with ten stow bui!ding~ on ~ma!! lot: on ~a~h ~id: of the na~o'.v ccngastic~ ~.A ~,,~ .... ~"~;"' Vi:~ .... ;~ ..... a light '"~ air ........ * ~* ....... ~ following uses is hereby 1. Permitted uses. a. Hotels and motels. c. Family care faci!!ties. d. Timeshare fac!!ities. e. Tc',vnho'ases. hoteL/motel. 3. Conditiona! uses. a. Churches--a ~,u~, .... of worship. b. Marinas. d. Private clubs. e. Yacht Page 87 of 174 Words strack through are deleted, words underlined are added 2.2.36.5. Exc,w, ptio,~s. Th, e fo!!ow[ng are exempt from the provisions 1. All building pe_'-m, its for the items listed in subparagraphs 2., 3., 4., and 5. hereof and variances, ~,,~-'~;";o;^- approvals, -:*~ 4 .... ~ ..... ,-~. ...................... v ....... v .... approvals or plats were filed with or approved ~"' r,~,;~, t- .... "' ~-;~' *^ *~'= adoption ~'~ ^c,~.; ..... 4~., ~ .......... ~c o,,u .... :.. ~ ~ a~ q ~ hereof 'h ...... completed application" ~hon ........ abate any violation or alleged violation of this !and development code. additions er modifications such as an increase in height or building footprint or an increase in ~., k ..... A~A .......... A~A Page 88 of 174 Words "'-"~' ,h ..... h ............. ~,. are deleted, words underlined are added PUD 0 500 ~000 (Ord. No. 02 3, ~ 3.E.) SUBSECTION 3.B. AMENDMENTS TO DIVISION 2.3. OFF- STREET PARKING AND LOADING Division 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 Page 89 of 174 Words struck threugh are deleted, words underlined are added Sec. 2.3.5. Passenger vehicle parking in conjunction with residential structures. 2.3.5.1. Purpose and intent. It is the intent and purpose of this section to limit the number of vehicles that may be parked on a property and to prohibit the parking of vehicles in areas of a lot not specifically designated for such use. These regulations shall apply to all passenger vehicle parking activities or storage of passenger vehicles in connection with residential structures which are located on property designated as mixed use urban residential on the future land use map of the growth management plan in effect as of the effective date of this ordinance and which are zoned or used for residential uses. The parking or storage of vehicles in connection with the residential dwelling units which the parking activities are ancillary and accessory to shall be regulated as set forth below. 2.3.5.1.2.3.5.2. Definitions. For purposes of this section, a passenger vehicle shall be defined as a car, pickup truck, motorcycle, van, sports utility vehicle or the like, used primarily for personal transportation and the transportation of others but which is not for hire or used for commercial or recreational purposes. 2.3.5.2. 2.3.5.3. Single family dwelling units. The following requirements shall apply to those vehicles parked or stored outside of an enclosed structure including the residential dwelling unit together with any attached or detached garage or carport. 2.2.5.3. 2.3.5.4. Two family dwelling units: The following requirements shall apply to those vehicles parked or stored outside of an enclosed structure including the dwelling unit together with an attached or detached garage or carport: 2.3.5.4. 2.3.5.5. Multiple family dwelling units (i.e. 3 or more dwelling units except for garden apartments as defined in section 6.3. of this Code). The following requirements shall apply to those vehicles parked or stored outside of an enclosed structure including the dwelling unit together with an attached or detached garage or carport: 2.3.5.5.2.3.5.6. Single family attached dwelling units. Where structures consist of single family attached (i.e. row houses) dwelling units, each with its own driveway to a common accessway, or public or private street, then all parking areas shall be limited to a designated driveway or driveway and garage combination. 2.3.5.6.2.3.5.7. Vehicle ownership requirements. Vehicles parked and/or stored in connection with residential dwelling units as described above shall be owned or leased by the occupants of the dwelling units or their guests. Vehicles owned by a finn, corporation or entity forwhich the dwelling unit occupant is employed are exempt from this requirement. This provision shall not be construed to apply to vehicles owned by persons or business firms visiting the site for social or business purposes. 2.3.5.7.2.3.5.8. Parking in rights-of-way. Vehicles may not be parked or stored upon that portion of the right-of-way not directly a part of the designated driveway or designated parking areas. 2.3.5.8. 2.3.5.9. Nonconformities. Nonconforming lots, tracts or parcels of land that were otherwise lawful prior to the effective date of this ordinance shall comply with this ordinance within 90 days of its effective date. 2.3.21.4. For facilities in sectian 2.2.21 not of sufficient size to meet the minimum requirements set forth therein in Section 2.3.21, each such facility shall provide off-street loading on the property for the parking of a delive _fy vehicle, in accordance with section 2.3.21, to insure ensure that no deliveries or shipments of goods or products will require the use, however temporary, of any public right-of-way or required off-street parking space for the parking of a delive,D' vehicle. Page 90 of 174 Words ..... t, ,~, ..... ~, ~ro deleted, words underlined are added SUBSECTION 3.C. 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 2.4.7.2. Applicability. 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 of 60 consecutive days or more and a request for an occupational license to resume business is made. The buffering and screening provisions of this Code shall be applicable at the time of planned unit development (PUD), preliminary subdivision plat (PSP), or site development plan (SDP) review, with the installation of the buffering and screening required pursuant to section 2.4.3.5. If the applicant chooses to forego the optional PSP process, then signed and sealed landscape plans will be required on the final subdivision plat. Where a more intensive land use is developed contiguous to a property within a similar zoning district, the planning services director may require buffering and screening the same as for the higher intensity uses between those uses. Landscape buffering and screening standards within any planned unit development shall conform to the minimum buffering and screening standards of the zoning district to which it most closely resembles. The planning services director may approve alternative landscape buffering and screening standards when such alternative standards have been determined by use of professional acceptable standards to be equivalent to or in excess of the intent of this Code. 2.4.7.5. "Collier County Streetscape Master Plan ", "Construction Standards Handbook for Work Within the Public Rights-of- Way Collier Coun_tv, Florida" and the "Golden Gate Community Roadways Beautification Master Plan." Street corridors identified in Section 2 and Figure E.I of the "Collier County Streetscape Master Planj' the "Construction Standards Handbook for Work Within the Public Rights-of- Way Collier County, Florida" 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 ofthe "Collier Count;,'~,, ~v~o~c .......... ~,,,~o,~, ..... .m~"",~,. ~,~ m~ ,,r~_~. ~,~ o ...... ;,, ~^~,~ ....... n .... ,;c.~,;~. ~a~,~ Pfaff' these documents. Notwithstanding the above, for required landscape buffers adjacent to any righ[of-way, the requirements of Section 2 and Figure E. 1 of the "Collier County Streetscape Master Plan", the "Construction Standards Handbook for Work Within the Public Rights-of Way Collier Coun _ty, Florida" 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 an{or a final site development plan. Where the application of said 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.D. 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: Page 91 of 174 Words sir'ack through are deleted, words underlined are added DIVISION 2.5. SIGNS 2.5.5.2.3. Real estate signs: As defined The fo!lowing sign: classified as rea! estate signs shall be permitted in non-residential districts subject to the following: One ...... " ' ..,;*~' max[mum height ~c.~. r~. or .... ,,,,~. c~,%,, ,,c~. ~ ...... s:gn ......a ......................... D..~..., ........ v. o......;~;~" ground sign with a maximum height of ten feet or wall sign, with a maximum area of twelve square feet in size per street frontage for each parcel, or lot less than one acre in size. (No building permit required.) One gr .... ~ o;g .... ;.u a maximum height ~c.~. e~. ...... .,,r^. c~ ..... =.~ Rent," or similar ground sign with a maximum height of ten feet or wall sign, with a maximum 32 square feet in size, per street frontage for each parcel, or lot one to ten acres in size. (No building permit required.) Rent," or similar ground sign with a maximum height of 15 feet or wall sign, with a maximum of 64 square feet in size, per street frontage for each parcel or lot in excess often acres in size. A building permit is required. 2.5.5.2.5.1. Pole or ground signs. Single-occupancy parcels, shopping centers, office complexes, business parks, or and industrial parks having frontage of 150 feet or more on a public street, or combined public street frontage of 220 linear feet or more for comer lots, shall be permitted one pole or ground sign. Additional pole or ground signs may be permitted provided that there is a minimum of a 1,000-foot separation between such signs, and all setback requirements are met. In no case shall the number of pole or ground signs exceed two per street frontage. In addition, multiple-occupancy parcels such as shopping centers, office complexes, business parks, or industrial parks containing 25,000 square feet or more of gross leasable floor area, and eight or more independent businesses will be permitted one directory sign for a single entrance on each public street. When a directory sign is proposed then pole or ground signs shall be limited to the name and logo of the complex and shall not contain name of any tenant. The directory sign shall contain a minimum of four and a maximum of eight tenant names. The name of businesses located on outparcels shall not appear of directory signs. 2.5. 5.2.5.1.1. Ground signs_for smaller lots. Single-occupancy parcels, shopping centers, office complexes, business parks, and industrial parks may be issued a sign permit for one ground sign provided that the following minimum requirements are met, as applicable: 1) For those lots or parcels with public road frontage of no less than 100 feet, but up to 149.9 feet, or a combined public street frontage of no less than 150 feet but less than 219.9 feet for comer lots or parcels: a) No portion of the ground sign may be located closer than 10 feet from any property line; b) a planting area of no less than 100 square feet shall be provided around the base of the ground sign; c) the ground sign's architectural design, construction, and color shall include features common to those used in the design of the building where the corresponding business requesting the sign is accessory to; d) the ground sign may be double-sided but cannot be placed in a V-shape, and must display identical copy on both faces; e) any illumination of the sign must be non-revolving and shine away from any right-or-way, and shall require an electrical permit. f) the street address for the business(es) shall be displayed in numerals at least 8 inches high on all faces of the sign and must be located so as to not be covered by landscaping or other impediments; and g) no other free-standing signs will be allowed on the same lot or parcel. Page 92 of 174 Words struck through are deleted, words underlined are added 2) In addition, for those lots or parcels with frontage of 121 to 149.9 feet, or a combined public street frontage of no less than 150 feet for comer lots or parcels but less than 219.9 feet: a) the ground sign shall be limited to 8 feet in height, as measured from the lowest centerline grade of the nearest public road to the uppermost portion of the sign structure regardless of the roadway classification; and b) the maximum allowable sign area is 32 square feet 3_) In addition, for those lots or parcels with frontage of 100 to 120.9 feet: a) the ground sign shall be limited to 6 feet in height, as measured from the lowest centerline grade of the nearest public road to the uppermost portion of the sign structure regardless of the roadway classification; and b) the maximum allowable sign area is 16 square feet. 2.5.5.2.5.!.!. 2.5.5.2.5.1.2. The minimum setback requirement may be administratively reduced by a maximum of ten feet by the planning services director upon submission of the administrative variance fee and a written request. However in no case shall the required setback be reduced to less than five feet. The planning services director's decision to reduce the required setback shall be based on the following: a) Where it can be demonstrated that within the adjacent right-of-way the area between the property line and the edge of pavement is excessively wide and that the actual paved area is unlikely to be widened to the extent that reduction in the required setback will result in the sign being any closer than 30 feet to the edge of pavement; SUBSECTION 3.E. AMENDMENTS TO DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS Division 2.6., Supplemental District Regulations, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS Sec. 2.6.3. Exclusions from height limits. 2.6.3.1. General exclusions. The height limitations contained in Ddivision 2.2 do not apply to infrastructure in support of the building, such as mechanical penthouses, elevator shafts, stair shafts, mechanical equipment, mechanical screening, spires, belfries, cupolas, flagpoles, antennas, communications towers, water tanks, fire towers when operated by a branch of government, ventilators, chimneys, feed storage structures, silos, windmills, airport control towers, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy; p ......................... regulations ,,,;~u;~ ,~ n;~, ~r ~; .... (See .... ;~ 2.2.230 or for commercial ................ purposes a~ provided below: (1) Structural elements shall be no higher than necessary_ to accomplish the purpose it is intended to serve. (2) The aggregate area of structures or appurtenances shall not exceed one-third the area of the supporting roof. (3) Where this section conflicts with Division 2.8, the provisions of Division 2.8. will control. Page 93 of 174 Words struck through are deleted, words underlined are added (4) The heights of these structures or appurtenances thereto shall not exceed any height limitations prescribed by the Federal Aviation Agency or airport zoning regulations within the flight approach zone of airports. (See section 2.2.23.) Sec. 2.6.9. ESSENTIAL SERVICES: Essential services are hereby defined as: facilities and services, including utilities, safety services, and other government services, necessary to promote and protect public health, safety and welfare, including but not limited to the following: ~^~:~ law enforcement, fire, emergency medical, public park and public library facilities; and all services designed and operated to provide water, sewer, natural gas, telephone, electricity, cable television or communications to the general public by providers which have been approved and authorized according to laws having appropriate jurisdiction, and governmental facilities. Essential ........ ~^-~-~ ~:~'~* subject*~ ,u~ c~,, .... ~ ccnditionsauthorized as follows: services are ~ ..... ~ '~n an)' ~ ...... e, ........................ ~ 2.6.9.1 PERMITTED Uses ESSENTIAL SERVICES. A. PERMITTED ESSENTIAL SERVICES IN ALL DISTRICTS EXCEPT CON DISTRICTS, RFMU SENDING LANDS, NRPAS, HSAS, AND FSAS. The following uses essential services are allowed as permitted uses in all zoning districts, except as specifically prohibited herein for Conservation, RFMU District Sending Lands, and RLSA, HSAs, NRPAs and FSAs: ~Water lines and; sewer linesvl Natural gas lines, except those associated with oil extraction and related processing operations as defined in this code and regulated under applicable federal and state law; tTelephone lines, telephone switching stations, and cable television lines; 4. Communication Towers, limited to those providing wireless emergency telephone service, subiect to all applicable provisions Section 2.6.35 of this Code; e_Electrical transmission and distribution lines, substations, and emergency power structures; sSewage lift stations;, and water pumping stations; 7_. eEssential service wells (including extraction facilities;, and requisite ancillary facilities;); and 8_. aAny other wells which have been or will be permitted by the South Florida Water Management District or the Florida d__Department of e_Environmental p_Protection either prior to or subsequent to the effective date of this ordinance, or if the respective well and/or well related facility is otherwise required to be installed or constructed by law; in e;'e~'~ ............................ " ........ ,-_~ .h, perfc_'xn, ance -~' ,h.~. ser;'[ces. If any proposed well is a Collier County owned well under the permitting jurisdiction of a Florida agency, staff, early in the eCounty's well permit application process, shall post sign(s) at the (~Cotlnty's proposed well site(s) and shall provide written rlotice that the county has applied for a required well permit to property owners within 300 feet of the property lines of the lots or parcels of land on which the applied-for well is being sought by the eCounty, including, if applicable, the times and places of the permitting agency's scheduled public hearings; B. PERMITTED ESSENTIAL SERVICES IN CON DISTRICTS, RFMU SENDING LANDS, NRPAS, HSAS, AND FSAS. 1. Within CON Districts, Sending Lands in the RFMU District, NRPAs, and within designated Habitat Stewardship Areas (HSA) and Flow way Stewardship Areas (FSA) within the RLSA overlay district subject to the limitations set forth in section 2.2.27.11 .C., the following essential services are permitted: a. Private wells and septic tanks; b. Utility lines, except sewer lines; c. Sewer lines and lift stations, only if located within already cleared portions of existing rights-of-way or easements, and necessary to serve a publicly owned or privately owned central sewer system providing service to urban areas and/or the Rural Transition Water and Sewer District; and, Page 94 of 174 Words struc!: t?.reugh are deleted, words underlined are added d. Water pumping stations necessary to serve a publicly owned or privately owned central water system providing service to urban areas and/or theRural Transition Water and Sewer District. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN COMMERCIAL AND INDUSTRIALLY ZONED DISTRICTS. In commercial and industrially zoned districts+, in addition to the essential services identified above in Section 2.6.9.1, other governmental facilities, as defined by this Code, including law enforcement, fire, emergency medical services and facilities, public park and public library_ services and facilities, *~ *~..~ ........ ~,,~.., ,.~ c~;u,,,.~..,~: or ..... ;~ is required by ~ ....... ~ ~. ~, ......... shall be considered a permitted essential service. ~.D. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN THE AGRICULTURAL AND ESTATE ZONED DISTRICTS. In the agricultural and estate zoned districts, in addition to the essential services identified above in Section 2.6.9.1.A., the following governmental services and facilities shall be considered permitted essential services: nonresidential not-for- profit child care, nonresidential education facilities, libraries, museums, neighborhood parks, and recreational service facilities. E. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN THE AGRICULTURAL ZONED DISTRICT. In the agricultural zoned district, in addition to the Essential Services identified above in Section 2.6.9.1.A., safety services, and other government services, necessary to promote and protect public health, safe_ty and welfare are permitted essential services, limited to the following: law enforcement, fire, and emergency medical services. &F. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN RESIDENTIALLY ZONED DISTRICTS. In residentially zoned districts, in addition to the essential services identified above in Section 2.9.6.1.A.~+ neighborhood parks shall be considered a permitted essential service.+ 2.6.9.2.Conditiona! usez CONDITIONAL USES. The following uses require approval pursuant to section 2.7.=%4_.s conditional uses: a.A. CONDITIONAL ESSENTIAL SERVICES IN EVERY ZONING DISTRICT EXCLUDING THE RFMU DISTRICT SENDING LANDS, CON DISTRICTS, NRPAS, AND RLSA DESIGNATED HSAS AND FSAS. In every zoning district, unless otherwise identified as permitted uses, and excluding RFMU District Sendinz Lands, Con Districts, and NRPAs, the following uses shall be allowed as Conditional Uses oElectric or gas generating plants;,i 2_. oEffiuent tanks;,i 3. mMajor re-pump stations sewage treatment plants, including percolation ponds, and water aeration or treatment plants, 4. hHospitals and hospices; and, '"~ ....... ; ............. ~ .... gGovemment facilities, including where not identified as a permitted use in this section, safety service facilities such as including law enforcement, fire, emergency medical services.~ except as ~,.~^~' .... ...o~ ...... ~-~.~;c'~a r,,,w ~-~-.e~*;~" 2.~.9.1., ~.~c this code. B. CONDITIONAL ESSENTIAL SERVICES IN RFMU SENDING LANDS, NRPAS, CON DISTRICTS, AND RLSA DESIGNATED HSAS AND FSAS. Within RFMU District Sending Lands, NRPAs, CON Districts, and the RFLA designated HSAs and FSAs subiect to the limitations set forth in 2.2.27.11. B.2 , in addition to the essential services identified as allowed conditional uses in Section 2.6.9.2.A. above, the following additional essential services are allowed as conditional uses: 1. Sewer lines and lift stations necessary to serve a publicly owned or privately owned central sewer system providhg service to urban areas and/or the Rural Transition Water and Sewer District, when not located within already cleared portions of existing rights-of-way or easements; 2. Safely Services limited to law enforcement, fire, and emergency medical services. C. ADDITIONAL CONDITIONAL USES IN RESIDENTIAL, AND ESTATE ZONED DISTRICTS, AND IN RFMU RECEIVING AND NEUTRAL LANDS. In residential, agricultural, and estate zoned districts; and in RFMU Receiving and Neutral Lands, in addition Page 95 of 174 Words gm.'ck through are deleted, words underlined are added to those essential services identified as conditional uses in Section 2.6.9.2.A., above, the following Essential Services shall also be allowed as conditional uses: vRegional parks and community parks, i Public parks and public library facilities; sSafety service facilities;i oOther similar facilities, except as otherwise specified herein. 2,6.9.3 ~ _~l;~k;l;~,, ~,c .4;~,~;~ ..... INSTALLATION OF STRUCTURES: CONDITIONAL USES THAT INCLUDE THE A__: Under this subsection ;;,Where structures are involved other than structures supporting lines or cables, such structures shall comply with the regulations for the district in which they are located, or as may be required on an approved site development plan under division 3.3. In addition, the structures shall conform insofar as possible to the character of the district in which they are located as to development standards, as well as architecture and landscaping, with utilization of screening and buffering to ensure compatible with the district surrounding and nearby existing and future uses. B. Within the RFMU District Sending Lands, NRPAs, Conservation Districts, and the RLSA HSAs and FSAs, structures supporting the conditional use shall be located so as to minimize any impacts on native vegetation and on wildlif~ and wildlife habitat. 2.5.9.~.C__=. Str'act'ares for commercia! aztivities. Essential services shall not be deemed to include the erection of structures for commercial activities such as sales or the collection of bills in districts from which such activities would otherwise be barred. Unstaffed billing services, which are accessory uses to the normal operations of the essential service, may be permitted. 2.6.21.4. Boathouse requirements: Boathouses, including any roofed structure built ona dock, shall be reviewed by the planning commissionusing +~ same procedures and ~,~s,~ or, er for *~" "~""; ...... ;~; .... :pprove *"~ request: according to the following criteria, all of which must be met in order for the Planning Commission to approve t~ request: 2.6.21.4.7. The boathouse or covered structure must be so located as to minimize the impact on the view of the adjacent neighbors to the greatest extent practical. 2.6.33.10. "Coming soon signs." A temporary use permit may be granted, at the discretion of the planning services director, for a "coming soon" sign located within a non-residential district. This sign must not exceed 32 square feet and the temporary use permit number must be placed at the base of the sign not less than one-half inch from the bottom. The sign must not be displayed for a period of more than six months from the issuance of a building permit or until the issuance of a permanent sign, whichever occurs first. The non-refundable fees for this temporary use permit will be calculated by the board of county commissioners and are subject to chan~;e. A "coming soon" sign is defined as a ground sign used to inform the public of the entry of a new business within a six-month time period. However, this sign may not be located within any public right-of-way or easement. Page 96 of 174 Words stracl; throug~ are deleted, words underlined are added Sec. 2.6.35 ............................ COMMUNICATIONS TOWERS. 2.6.35.1 r, .......... ~t; ..... PURPOSE AND INTENT. This section applies to specified communication towers that support any antenna designed to receive or transmit electromagnetic energy, such as but not limited to telephone, television, radio or microwave transmissions. This section sets standards for construction and facilities siting; is to minimize where applicable adverse visual impacts of towers and antennas through careful design, siting and vegetation screening; to avoid potential damage to adjacent properties from tower failure; to maximize the use of specified new communication towers and thereby to minimize need to construct new towers; to maximize the shared use of specified tower sites to minimize the need for additional tower sites; to lessen impacts new ground mounted towers could have on migratory_ and other species of birds; to prevent unnecessatw habitat fragmentation and/or disturbance in siting and designing new towers; and to consider the concerns of the Collier Mosquito Control District as to low flying mosquito control aircraft safety. 2.6.35.5.9. MIGRATORY BIRDS AND OTHER WILDLIFE CONSIDERATIONS. A. Ground Mounted Towers. Except to the extent not feasible for the respective new ground mounted tower's intended purpose(s), each new ground mounted tower that will exceed a height of seventy-five (75) feet (above ground), exclusive of antennas, but will not exceed a height of one hundred and nine _ty-nine (199) feet above natural grade, exclusive of antennas, should not be guyed. If the applicant proposes that a new ground mounted tower within this height range be guyed, the applicant shall have the burden of proving the necessi _ty of guying the tower. B. Bird Diverter Devices. Each new ground mounted guyed tower installed after the effective date of this Ordinance, greater then seventy-five (75) feet in height above natural grade, exclusive of antennas, shall have installed and maintained bird diverter devices on each guy wire (to reduce injuries to flying birds). C. Habitat Loss. In addition to the requirements in Division 3.9, towers and other on-site facilities shall be designed, sited, and constructed to minimize habitat loss within the tower footprint. At such sites, road access and fencing, to the extent feasible, shall be utilized to minimize on-site and adiacent habitat fragmentation and/or disturbances. D. Security Lighting. When feasible, security lighting to protect on-ground facilities/equipment shall be down-shielded to try_ to keep such light within the outermost geographic boundaries of the tower's footprint. 2.6.35.6.12. m ...... ~;~';~ TOWER LIGHTING. A_~. Towers and~4ntennas Exceeding 150 Feet. Towers and antennas with a height greater than 150 feet shall be required to have red beacon or dual mode lights unless exempted in writing by the Collier County Mosquito Control District. Such lights shall meet the then existing Federal Aviation Administration (FAA) technical standards. No other towers or antennas shall be artificially lighted except as required by the FAA, the Federal Communications Commission, or other applicable laws, ordinances or regulations. If the FAA rules require lighting, then the applicant shall comply with such rules. B. New Towers Exceeding 199 Feet. Each new tower that will have a height in excess of one hundred and ninety-nine (199) feet above ground, exclusive of antennas, and such tower shall be lighted no more than is otherwise required by state and/or federal law, rule, or regulation. Unless otherwise then required by law, rule or regulation, only white strobe lights shall be used at night, unless otherwise required by the FAA, in which case red strobe-type lights shall be used. Such lights shall not exceed the minimum number, minimum intensity_, and minimum light flashes per interval of time (requiring the longest allowable duration between light flashes) required by state or federal law, rule, or regulation. Solid red (or pulsating red) warning lights shall not be used at night. 2.6.35.8. WIRELESS EMERGENCY TELEPHONE SERVICE. Notwithstanding any other provisions of Section 2.6.35, the following provisions shall apply to communications towers that provide wireless emergency telephone service. Page 97 of 174 Words ...... ~ *~' ..... ~' ~ deleted, words underlined are added A. These facilities are Essential Services. B. Each applicant for these permits is required to clearly inform Coun _ty staffby means of an emboldened "notice" in a cover letter or on the first page of the permit application, substantially as follows: This Application is sub/ect to the expedited timelines spec!fled in Chapter 365.172, Florida Statutes. C. Applicants for these permits need not provide staff with evidence that a proposed wireless communications facili _ty complies with federal regulations, but staff may require from such applicant proof of proper FCC licensure, and staff may request the FCC to provide information as to the provider's compliance with federal regulations to the extent then authorized by federal law. The County has no permitting jurisdiction with regard to wireless communications facilities located (or to be located) on property owned by the State of Florida, including State-owned rights-of-way. 2.6.35.8.1. CO-LOCATED FACILITIES. Provided the then existing zoning applicable to the proposed site allows E911 facilities without a need to rezone, a need to obtain conditional use approval, or any other required process (such as, for example, having an agreement amended), the County shall grant or deny a properly completed application requestingco-location of E911 Service, or co-location for wireless telephone service, not later then forty-five (45) business days after the date that a properly completed application is initially submitted to staff in accordance with all applicable permit application requirements in section 2.6.35. C~> location of such facilities on a then existing above-ground tower or other above-ground structure shall not be subject to the land development regulations pursuant to Section 163.3202, Florida Statutes, provided the height of the then existing tower or structure is not thereby increased. Co-location of such antenna, or co-location of related equipment, shall be subject to applicable building regulations, and with all then existing permits or agreements applicable to that tower or to the underlying property_. Nothing herein, including the fortyfive (45) business days timeline, shall relieve the permit holder for, or owner of, the then existing tower or structure from complying with applicable permit requirements, or applicable agreement(s), or with applicable land development regulation (including aesthetic requirement), or compliance with any other then applicable law(s). 2.6.35.8.2. NEW TOWERS OR ANTENNAS. Pursuant to Section 365.172, Florida Statutes, the County shall grant or deny an application requesting location of a new wireless telephone service tower, or for location of antenna(s) for wireless telephone service, not later then ninety (90) business days after the date that an application that fully complies with the requirements of Section 2.6.35 is submitted, provided the then existing zoning applicable to the proposed site allows the E911 facilities without need to rezone, the need to apply for conditional use approval, or other required procedures. Provided further that nothing herein shall affect permit compliance of such facilities with applicable federal regulations, applicable zoning and/or land development regulations (including aesthetic requirements), or with applicable building regulations. 2.6.35.8.3. SUFFICIENCY NOTICE. Within twenty (20) business days of receiving the permit application for any facility listed above in subsection 2.6.35.8.1 or in 2.6.35.8.2., staff shall in writing notify the permit applicant whether the application is, or is not, properly completed. If such permit application is not properly completed, staff shall with specificity noti _fy the applicant of any and all deficiencies, which if cured will thereby render the application being properly completed. Staff should also noti _fy the applicant whether the applicable zoning classification allows the applied-for use(s) without rezoning, without conditional use approval, or without any other related ancillary approval process or permission. 2.6.35.8.4 DEFAULT APPROVAL. A. An application for E911 service, co-location of wireless telephone service, or new location for wireless telephone service or antennae shall be deemed to have been automatically granted provided that: 1. Such service or facility is allowed in the applicable zoning district without a rezone, without the need to apply for a conditional use, or without theneed to apply for some other permit; 2. the County fails to either grant or deny the applied-for permit within the time frames set forth in Sections 2.6.35.8.1 or 2.6.35.8.2, as applicable; and 3. the applicant has not agreed to an extension of time, as provided in Section 2.6.35.8.5. B. However, the applied-for permit shall not be deemed granted if final action requires action by the BCC, but such action is prevented due to emergency conditions beyond the County's control. In such instance, the time for final action on the application shall be extended until the next regularly scheduled meeting of the BCC. The permit shall be deemed to be granted if the BCC fails to take final action at that time. Page 98 of 174 Words :track tkrzugk are deleted, words underlined are added 2.6.35.8.5. WAIVER. Extensions of the above-described applicable timelines (deadlines) shall not be effective except to the extent voluntarily agreed to by the permit applicant. Narrow exception: a one-time timeline waiver may be required if there then exists an emergency that directly affects the administration of all of the County's communications tower permitting activities which had been formally declared by the County, by the State of Florida, or by the federal ~ovemment. Sec. 2.6.37. Kitchens in dwelling units. A dwelling unit containing less than 2,500 square feet of living area shall be limited to one primary kitchen. A dwelling unit containing 2,500 square feet of living area, or greater, may have a seconda_~ kitchen primaD' !:itchen provided all rooms are internally accessible and the secondary kitchen is only accessible through the main dwelling unit. 2.6.39. Transfer of Development Rights (TDR) 2.6.39.1 Purpose, Intent and Applicability. A. PURPOSE. 1. The primary purpose of the TDR process is to establish an equitable method of protecting and conserving lands determined to have significant environmental value, including large connected wetland systems and significant areas of habitat for listed species; and 2. To provide a viable mechanism for property owners of such environmentally valuable lands to recoup lost value and development potential which may be associated with the application of environmental preservations standards to such lands. B. INTENT. These TDR provisions are intended to accomplish the above stated purpose through an economically viable process of transferring development rights from less suitable non-RFMU sending areas and RFMU Sending Lands to more suitable non-RFMU receiving areas and RFMU Receiving Lands. C. APPLICABILITY. These TDR provisions shall be applicable to those areas specifically identified in 2.6.39.2, 2.6.39.3, and 2.6.39.4. below. These TDR provisions shall not be applicable to the any transfer of development rights within the RLSA District. 2.2.2d. ! !. 2.6.39.2.TRANSFER OF DEVELOPMENT RIGHTS FROM URBAN AREAS TO URBAN AREAS. An owner of land located within areas designated as urban on the Future Land Use Map, including agriculturally zoned properties, which may or may not be identified with the ST overlay, may elect to transfer some or all of the residential development rights from one parcel of land to another parcel, as an alternative to the development of the sending lands. The lands to which the development rights are to be transferred shall be referred toas receiving lands and those lands from which development rights are transferred shall be referred to as sending lands, as provided herein and shall be located within the urban designated areas of the county. 2.2.24.1 !. !. A___~. The development rights shall be considered as interests in real property and be transferred in portions or as a total as provided in this section. Once used, the residential development rights shall not be used again and the residential development rights of the subject lands providing them shall be considered severed forever. 2.2.24. ! !.2. B_:_. The transfer of development rights to be used shall be subject to all of the requirements of the basic zoning district to which they are transferred unless specifically approved otherwise as provided by law. 2.2.?.. 11.2. C_~. The minimum area of land eligible for the transfer of development rights shall be equal to the minimum lot size for the sending zone. For the purposes of this section, legal non-conforming lots of record may be eligible to transfer density, with the minimum area of the receiving land equal to the area of the legal non-conforming lot of record, excluding submerged land. Page 99 of 174 Words struck t~roug~ are deleted, words underlined are added 2.2.24.! !.4. D_~. Upon the approval of the transfer of residential development rights by a super majority vote of the board of county commissioners, the property owner of the sending land shall dedicate in fee simple the land to the county or a state or federal agency; however, the lands may be dedicated in fee simple to a private, not-for-profit conservation or environmental organization in accordance with F.S. § 704.06, as amended, with the approval of the board of county commissioners. 2.2.24.! !.5. E_:. The maximum number of residential units which may be requested for transfer shall be compiled on the basis of the permitted density pursuant to the underlying zoning category of the sending land. 2.2.24. ! 1.6. F__~. Maximum number of residential units which eligible lands may receive. 1. Lands in all residential zoning districts and residential components of planted unit development zoning districts are eligible to receive residential development units provided that the maximum number of residential units which may be transferred to the receiving land does not exceed ten percent of the maximum number of residentialunits permitted under the receiving property's basic zoning district. For the purpose of determining the number of residential units which a parcel of land is capable of receiving, the following formulas_ shall apply.' RSF-1 through RSF-5 districts, up to and including five units per acre: Units per base density X 10% = .1 to .5 units per acre RMF-6 district, up to and including six units per acre: 6 units X 10% = 0.6 units per acre RMF-12 district, seven to and including 12 units per acre: 12 units X 10% = 1.20 units per acre RMF- 16 district: 16 units X 5% = 0.80 units per acre RT district: 16 units X 5% = 0.80 units per acre 26 units X 5% = 1.30 units per acre PUD district: Residential tract units X 5% = permitted units per acre 2. For the purpose of calculating the final fractional residential unit of the total number of residential units eligible for transfer to an eligible parcel of land, the following shall apply: Any fractional residential unit shall be comerted upward if one-half or more of a whole unit, or downward if less than oneyhalf of a whole unit, to the nearest whole unit value. ,.,.~.~ ~ ~A ~.~.~ G. Proccd:~re fcr ~.~.,-'.6~"-;'~; ....... ,. ,,.,j~,cA' c, f rcsldcr, ti~d dcvc!oFmc~t rights. PROCEDURE FOR OBTAINING TRANSFER OF RESIDENTIAL DEVELOPMENT RIGHTS. Any owner of eligible land may apply for a transfer of development rights either separately or concurrently with rezoning, zoning ordinance amendments, preliminary subdivision plat or development plan. Prior to the approval of any transfer of development rights or the issuance of any building permits in connection with the use of any transfer of development rights, the petitioner shall submit the following information and data, as applicable to the petition, to the development services director for his review and subsequent action by the board of county commissioners l. Name and address of property owner of sending land. 2. Name and address of property owner of receiving land. 3. Legal description of sending land from which transfer of residential development rights is petitioned. 4. Survey of sending land from which transfer of residential development rights is requested. 5. Legal description of receiving land which receives the transfer of residential development rights. 6. Survey of the land which receives the transfer of residential development rights. 7. Three copies of an executed deed of transfer of ownership of the sending property to the county or a state or federal agency; however, the lands may be dedimted in fee simple to a private, not-for-profit conservation or environmental organization in accordance with Page 100 of 174 Words st,rock through are deleted, words underlined are added F.S. § 704.06, as amended, with the approval of the board of county commissioners in a form approved by the county attorney. 8. The owner of the sending land shall provide a guarantee, agreeable to and approved by ordinance of the board of county commissioners, that the sending land will be utilized only for the purposes of increasing public recreational and/or educational opportunities, creation of linkages between public or private open space, protection of critical habitat/ecosystems, or other public purpose as specified in the ordinance of adoption. Such a guarantee shall be recorded with the clerk of the circuit court of Collier County, Flcrida as a recorded restriction of the use of such land and shall be binding upon all present and subsequent owners, heirs, or assigns of such property. Such restrictions may not be amended, deleted, or otherwise altered, except by a majority vote of the beard of county commissioners. .~;`4~.,;.~ `4 .... ~ ....... ;g~ ........ ~,~.;.~,; .....p ..... `4.,,;,z, ,~. p ...... ;"g cfa .......... ; ....... ;' H. TIME LIMITATIONS ON BOARD OF COUNTY COMMISSIONERS' APPROVAL OF TRANSFER OF RESIDENTIAL DEVELOPMENT RIGHTS OR AUTHORIZATION TO PROCEED WITH THE PROCESSING OF A BUILDING CONSTRUCTION PERMIT. The board of county commissioners' approval of a transfer of residential development rights or the planning services director's authorization to proceed with the processing of a building or construction permit shall be valid so long as such approval is permitted by law. The failure to act on the part of the petitioner to exercise the transfer of residential development rights or obtain and exercise an authorized building or construction permit within the time period provided by law shall automatically terminate such approval and the county shall be held harmless for any damages arising out ofthe petitioner's failure to act. 2.2.24.14. Scqucntia!~o~ .... cfrccldcntla! units -r,-, ......... ~2v,.4 c ....... ,, ~,,o~ ~,c"- by thc ~,,~'~.4~ ~af ~,,,~' commissioners. [. SEQUENTIAL USE OF RESIDENTIAL UNITS APPROVED FOR TRANSFER BY THE BOARD OF COUNTY COMMISSIONERS. Upon the issuance of any permit for the construction of residential unit(s) upon the receiving land, the first residential units built thereon shall be considered to be the residential units approved for transfer by the board of county commissioners, and the succeedirg residential units constructed shall be considered the residential units permitted under the basic zoning district regulations. 2.6.39.3 TDR Credits From RFMU Sending Lands: General Provisions A. CREATION OF TDR CREDITS. 1. TDR Credits are generated from RFMU Sending Lands at a rate of 1 TDR Credit per 5 acres of RFMU Sending Land or, for those legal non-conforming lots or parcels of less than 5 acres that were in existence as of June 22, 1999, at a rate of 1 TDR Credit per legal non-conforming lot or parcel. 2. For lots and parcels 5 acres or larger, the number of TDR Credits generated shall be calculated using the following formula: # of acres x 0.2 = # of TDR Credits generated. Where the number of TDR Credits thus calculated is a fractional numl:er, the number of TDR Credits created shall be rounded to the nearest 1/100th. B. RECEIPT OF TDR CREDITS FROM RFMU SENDING LANDS. TDR Credits from RFMU Sending Lands may be transferred into Urban Areas, the Urban Residential Fringe, and RFMU Receiving Lands, as provided in Sections 2.6.39.4 and 2.6.39.5. C. PROHIBITION ON TRANSFER OF FRACTIONAL TDRS. While fractional TDR Credits may be created, as provided in A above, TDR Credits may only be transferred from RFMU Sending Lands in increments of whole, nct fractional, dwelling units. Consequently, fractional TDR Credits must be aggregated to form whole units, before they can be utilized to increase density in either non-RFMU Receiving Areas or RFMU Receiving Lands. D. PROHIBITION ON TRANSFER OF DEVELOPMENT RIGHTS. 1. TDR Credits shall not be transferred from RFMU Sending Lands where a conservation easement or other similar development restriction prohibits the residential development of such property_. 2. TDR Credits shall not be transferred from RFMU Sending Lands that were cleared for agricultural operations after June 19, 2002, for a period of twenty-five (25) years after such clearing occurs. Page 101 of 174 Words st:ack t~roug~ are deleted, words underlined are added 2.6.39.4. TRANSFER OF DEVELOPMENT RIGHTS FROM RFMU SENDING LANDS TO NON-RFMU RECEIVING AREAS. A. TRANSFERS TO URBAN AREAS. l. Maximum density_ increase. In order to encourage residential in-fill in urban areas of existing development outside of the Coastal High Hazard Area, a maximum of 3 residential dwelling units per gross acre may be requested through a rezone petition for projects qualifying under this residential infill provisions of the Future Land Use Element Density Rating System, subject to the applicable provisions of Division 2.7 of this Code, and the following conditions: a. The project is 20 acres or less in size; b. At time of development, the project will be served by central public water and sewer; c. The property in question has no common site development plan in common with adi acent property; d. There is no common ownership with anyadjacent parcels; and e. The parcel in question was not created to take advantage of the in-fill residential density bonus and was created prior to the adoption of this provision in the Growth Management Plan on January 10, 1989. f. Of the maximum 3 additional units, one (1) dwelling unit per acre shall be transferred from RFMU Sending Lands at Site Plan or Plat Approval. 2. Developments which meet the residential infill conditions (a) through (e) above may increase the base density administratively through a Site Development Plan or Plat approval by a maximum of one dwelling unit per acre by transferring that additional density from RFMU District Sending Lands. B. TRANSFERS TO THE URBAN RESIDENTIAL FRINGE. TDR Credits may be transferred from RFMU Sending Lands located within one mile of the Urban Boundary_ into lands designated Urban Residential Fringe at a rate of 1.0 dwelling units per acre, allowing for a density increase from the existing allowable base density of 1.5 dwelling units per acre to 2.5 dwelling unit per gross acre. 2.6.39.5. TRANSFERS FROM RFMU SENDING LANDS TO RFMU RECEIVING LANDS. A. MAXIMUM DENSITY ON RFMU RECEIVING LANDS WHEN TDR CREDITS ARE TRANSFERRED FROM RFMU SENDING LANDS. 1. The base residential density allowable shall be as provided in Sections 2.2.2½.2.A.2.a. and 2.2.2½.2.B.3.a. 2. The densi_ty achievable through the transfer of TDR Credits into RFMU Receiving Lands shall be as provided for in Section 2.2.2½.2.A.2.b.(1) outside of Rural Villages and Section 2.2.2½.2.B.3.b and c.(1) inside of Rural Villages. B. REMAINDER USES AFTER TDR CREDITS ARE TRANSFERRED FROM RFMU SENDING LANDS. Where development rights have been transferred from RFMU District Sending Lands, such lands may be retained in private ownership and may be used as set forth in Section 2.2.2½.4.B. 2.6.39.6. PROCEDURES APPLICABLE TO THE TRANSFER OF TDR CREDITS FROM RFMU SENDING LANDS. A. GENERAL. The transfer of TDR Credits from RFMU Sending Lands does not require the approval of the County. Howexer, those developments that utilize such TDR Credits are subject to all applicable permitting and approval requirements of this Code, including but not limited to those applicable to site development plans, plat approvals, PUDs, and DRIs. B. COUNTY-MAINTAINED CENTRAL TDR REGISTRY. In order to facilitate the Coun _ty's monitoring and regulation of the TDR Program, the Coun _ty shall serve as the central registry_ of all TDR Credit purchases, sales, and transfers, as well as a central listing of TDR Credits available for sale and purchasers seeking TDR Credits. No TDR Credit generated from RFMU Sending Lands may be utilized to increase densi _ty in any area unless the following procedures are complied with in full. Page 102 of 174 Words struck through are deleted, words underlined are added 1. TDR Credits shall not be used to increase density in either non-RFMU Receiving Areas or RFMU Receiving Lands until severed from RFMU Sending Lands. TDR Credits shall be deemed to be severed from RFMU Sending Lands at such time as a TDR Credit Certificate is obtained from the County and recorded. TDR Credit Certificates shall be issued only by the County and upon submission of the following: a. a legal description of the property from which the RFMU TDR Credits originated, including the total acreage; b. a title search, or other evidence, establishing that prior to the severance of the TDR Credits from the RFMU Sending Lands, such Sending Lands were not subject to a conservation restriction or other development restriction that prohibited residential development; c. a legal instrument, prepared in accord with the form provided by the Coun _ty, that limits the allowable uses on the property after the severance of TDR Credits as set forth in Sections 2.2.2~A.4.B.; and d. a statement identifying the price, or value of other remuneration, paid to the owner of the RFMU Sending Lands from which the TDR Credits were generated and that the value of any such remuneration is at least $25,000 per TDR Credit, unless such owner retains ownership of the TDR Credits after they are severed, unless the RFMU or non-RFMU Receiving Lands on which the TDR Credits will be utilized and the RFMU Sending Lands from which the TDR Credits were generated are owned by the same persons or entities or affiliated persons or entities; and e. a statement attesting that the TDR Credits are not being severed from RFMU Sending Lands in violation of section 2.6.39.3.D.2 of this Code. 2. A PUD or DRI utilizing TDR Credits may be conditionally approved, but no subsequent application for site development plan or subdivision plat within the PUD or DRI shall be approved, until the developer submits the following: a documentation that the developer has acquired all TDR Credits needed for that portion of the development that is the subiect of the site development plan or subdivision plat; and b. a TDR transaction fee sufficient to defray the expenses of the County in administering the Central TDR Registry. 3. The developer shall provide documentation of the acquisition of full ownership and control of all TDR Credits needed for the development and of recordation of the TDR Credit Certificates for all such TDR Credits prior to the approval of any site development plan, subdivision plat, or other final local development order, other than a PUD or DRI. 4. Each TDR Credit shall have an individual and distinct tracking number, which shall be identified on the TDR Certificate that reflects the severance of the TDR Credit from RFMU Sending Land. The County TDR Regist _fy shall maintain a record of all TDR Credits, to include a designation of those that have been expended. 2.6.39.7 PROPORTIONAL UTILIZATION OF TDR CREDITS. Upon the issuance of approval ora site development plan or subdivision plat that is part ora PUD or DRI, TDR Credits shall be deemed to be expended at a rate proportional to percentage of the PUD or DRI's approved gross density that is derived through TDR Credits. All PUDs and DRIs utilizing TDR Credits shall require that the rate of TDR Credit consumption be reported through the monitoring provisions of sections 2.7.3.6 and 3.15.7.3.1.2.1 of this Code. 2.6.40. Density Blending 2.6.40.1 PURPOSE. In order to encourage unified plans of development and to preserve wetlands, wildlife habitat, and other natural features that exist within properties that straddle the Future Land Use Urban Mixed Use and Rural Fringe Mixed Use Districts that were in existence and either owned or under contract for purchase by the applicant as of June 19, 2002, or the Urban and Rural Designation as provided for in the lmmokalee Area Master Plan, the allowable gross density in aggregate (and intensi _ty in the case of those lands identified as eligible in the lmmokalee Area Master Plan) may be distributed throughout the project, regardless of whether or not the density or intensity allowable for a portion of the project exceeds that which is otherwise permitted by the Future Land Use Element or lmmokalee Area Master Plan as the case may be, subject to the conditions and limitations set forth in 2.6.40.2. 2.6.40.2. CONDITIONS AND LIMITATIONS. Page 103 of 174 Words struck through are deleted, words underlined are added A. PROPERTIES STRADDLING RFMU RECEIVING OR NEUTRAL LANDS. Densi _ty blending between properties straddling either the Urban Residential Subdistrict or Urban Residential Fringe Subdistrict and either Neutral or Receiving Lands within the RFMU District is permitted, subject to all of the following conditions and limitations: 1. The project straddles either the Urban Residential Sub-District or Urban Residential Fringe Sub-District and either the RFMU District Neutral or Receiving Lands. 2. The project in aggregate is at least 80 acres in size. 3. At least 25% of the project is located within the Urban Mixed Use District. 4. The entire project is located within the Collier County Sewer and Water District Boundaries and will utilize central water and sewer to serve the proiect unless interim provisions for sewer and water are authorized by Collier County. 5. The project is currently zoned or will be rezoned to a PUD. 6. Density to be shifted to the RFMU District from the Urban Residential Sub-District is Bo to be located on impacted lands, or the development on the site is to be located so as to preserve and protect the highest quality native vegetation and/or habitat on-site and to maximize the connectivi[y of such native vegetation and/or habitat with adjacent preservation and/or habitat areas. 7. The entire project shall meet the applicable preservation standards of the RFMU District as set forth in Section 3.9.4.3.A. These preservation requirements shall be calculated based upon, and apply to, the total prQect area. PROPERTIES STRADDLING RFMU SENDING LANDS. Density blending between properties straddling the Urban Residential Fringe Subdistrict and Sending Lands in the RFMU District is permitted subject to all of the following conditions and limitations: 1. The project straddles the Urban Residential Fringe Sub-District and the RFMU District Sending Lands. 2. The project in aggregate is at least 400 acres. 3. At least 25% of the project is located within the Urban Residential Fringe Sub- District. 4. The proiect must extend central water and sewer (from the urban designated portion of' the project) to serve the entire project, unless alternative interim sewer and water provisions are authorized by Collier Coun _ty; and 5. The Proiect is currently zoned or will be zoned PUD. 6. The density to be shifted to the RFMU District Sending Lands shall be located on impacted or disturbed lands, or shall be located so as to preserve and protect the highest quali _ty native vegetation and/or habitat with adjacent preservation and/or habitat areas. 7. Native vegetation shall be preserved as follows: a. As identified in Section 3.9.4 in those portions of the Proiect to be located in the Urban Residential Fringe Subdistrict. b. In those portions of the Project to be located in the RFMU District Sending Lands, the native vegetation preservation requirement shall be 90% of the native vegetation, not to exceed 60% of the area of the Project designated as RFMU District Sending Lands. c. Where wetland areas are impacted through the development process, but resulting wetlands functions, including functions relating to habitat and flowways, are enhanced, such wetland areas shall be credited toward satisfaction of the native vegetation preservation requirements and shall not be considered impacted. These wetland areas may be used for water storage provided that the water discharged in these areas is pre-treated. 8. Permitted uses for density blending under this provision include residential development and associated amenities, including golf courses meeting the criteria for golf courses within the Neutral area. This provision is not intended to eliminate any uses permitted within the applicable underlying zoning district(s). Page 104 of 174 Words stvac!'~ t~rm:g~ are deleted, words underlined are added C. PROPERTIES STRADDLING THE IMMOKALEE URBAN AREA AND THE RLSA DISTRICT. Densi_ty and Intensity Blending between properties straddling the Immokalee Urban Area and the RLSA District shall be permitted, subject to all of the following conditions and limitations: 1. The project in aggregate must be a minimumof200 acres in size. 2. The lands from which density and/or blending are shifted must be within the lmmokalee Urban Area must be designated Recreational/Tourist District. 3. The lands within the lmmokalee Urban Area from which density and/or intensity are shifted must have a FLUCCS Code designation of Group 1 or Group 2 and an Index Value of greater than 1.2, both as indicated on the Natural Resource Index. 4. Density and/or intensity may only be shifted from the lands within the lmmokalee Urban Area containing the Index Value (as measured above), on an acre per acre basis, to lands within an SRA having an Index Value of 1.2 or less. 5. Lands from which the density and/or intensity has been shifted, shall be placed in a conservation easement in perpetuity. SUBSECTION 3.F. 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 2.7.3.5. Changes and amendments. 2.7.3.5.3. Educational and Ancillar~ Plants exception. When a PUD is amended for the sole purpose of adding an educational and/or ancillary_ plant, that PUD will not be subject to the review process outlined in Section 2.7.3.5. The review conducted will be limited to the impacts that the educational or ancilla_ry plant will have on the surrounding uses. 2.7.4.9. Conditional uses for school or religious purposes. A use which has been approved as part of a preliminary subdivision plat (fe,.~'mer!y s'ab~ivisiem master plan)or final subdivision plat or a planned unit development for schools, religious or eleemos3nary uses shall be exempt from the provisions of this section. Such uses must comply'with the provisions of division 3.3, site development plan approval, as applicable, and all other zoning requirements. SUBSECTION 3.G. AMENDMENTS TO DIVISION 3.2., SUBDIVISIONS Page 105 of 174 Words .°.trr:ck thrc, t:gh are deleted, words underlined are added 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. 3.2.3 Applicability. This division shall apply to all division of land and all subdivisions in the total unincorporated area of Collier County, except to the extent as expressly provided in section 3.2.4. All divisions of land which meet the definition of"subdivision" shall require thefiling of a subdivision plat in accordance with the requirements within Division 3.2 and Chapter 177 of the Florida Statutes. 3.2.6.2. Procedures for preliminary subdivision plat. 3.2.6.2.1. Optional. The preliminary_ subdivision plat process is not mandatory, but an option that may be exercised by the applicant upon the effective date of this ordinance. All preliminary_ subdivision plats that were approved prior to the effective date of this ordinance are not optional and must proceed in accordance with the procedures outlined for a preliminary subdivision plat. Also, nothing in this section will be construed to affect the mandatory nature ora final subdivision plat. 2.2.6.2.!. 3.2.6.2.2. Initiation. In order to initiate an application for a preliminary subdivision plat, the applicant shall prepare and submit to the development services director a preliminary subdivision plat which meets the requirements contained in section 3.2.7. 2.2.6.2.2. 3.2.6.2.3. Review and determination of approval, approval with conditions, or denial by development services director. After receipt of a completed preliminary subdivision plat, the development services director shall review and evaluate the preliminary subdivision plat in conformance with the preliminary subdivision plat requirements established in section 3.2.7. Based on the review and evaluation, the development services director shall approve, approve with conditions, or deny the preliminary subdivision plat. The decision to approve with conditions, or deny the preliminary subdivision plat may be appealed to the board of county commissioners pursuant to the provisions of section 1.6.6. of this Code. If the development services director should deny or place conditions on the preliminary subdivision plat, he shall state in writing reasons for such denial or conditions, and shall cite the applicable code or regulatory basis for the conditions or denial. Said determination may be appealed to the county board of commissioners. 3.2.6.2.2.3.2.6.2.4. Reserved. 3.2.6.3.5. Relationship and amendments to preliminary subdivision plat. The improvement plans and final subdivision plat shall be consistent with the preliminary subdivision plat, if the applicant chose to submit a preliminary subdivision plat. Any amendment to the approved preliminary subdivision plat desired by the applicant shall be reviewed and determined to be acceptable by the development services director prior to the processing of the improvement plans and final subdivision plat. The development services director shall have the authority to approve amendments to the approved preliminary subdivision plat provided those amendments are based on generally accepted, sound, professional engineering principles and practices in the state. Requests for amendments shall be in writing in the form of an amended preliminary subdivision plat and shall provide clear and convincing documentation and citations to professional engineering studies, reports or other generally accepted professional engineering services in the state to substantiate the amendment requested. Sec. 3.2.7. Preliminary subdivision plat. Page 106 of 174 Words st,"ack t~rot:g~ are deleted, words underlined are added The preliminary subdivision plat process is optional. The optional nature of this process will in no way affect the submission requirements enumerated below. In other words, if an applicant chooses this option, the applicant must follow all of the submission requirements. The mandatory nature of the final subdivision plat process is likewise not affected by the optional nature of the preliminary subdivision plat submission process. 3.2.7.1. Preliminary subdivision plat submission requirements. A preliminary subdivision plat application shall be submitted for the entire property to be subdivided in the form established by the development services director and shall, at a minimum, include ten copies of the preliminary subdivision plat unless otherwise specified by the development services director. The preliminary subdivision plat shall be prepared by the applicant's engineer and surveyor. Land planners, landscape architects, architects, and other technical and professional persons may assist in the preparation of the preliminary subdivision plat. The preliminary subdivision plat shall be coordinated with the major utility suppliers and public facility providers applicable to the development. Provisions shall be made for placement of all utilities underground, where possible. Exceptions for overhead installations may be considered upon submission of sound justification documenting the need for such installation. The preliminary subdivision plat shall include or provide, at a minimum, the following information and materials: 3.2.8.2.3. A detailed water management plan in accordance with the master water management plan approved in the preliminary subdivision plat, if the applicant chose to submit a preliminary subdivision plat, showing the complete water management system including, but not limited to, closed drainage areas, design high water, recurring high water, acreage, a complete lot grading plan with final grading elevations, surface runoff flow patterns, and companion drainage easements consistent with the final subdivision plat pursuant to section 3.2.9 to be utilized by the applicant, his successors or assigns during the building permitting and site improvement process for all lots consistent with the Collier County building Code, and the compatibility of drainage of surface waters into adjacent or larger water management systems. If the applicant chooses not to submit a preliminary subdivision plat, the information requested must still be included on the final subdivision plat. The complete calculations used to design the system shall be provided for projects 40 acres or less. For projects greater than 40 acres or where the water management system will utilize wetlands for water management, the applicant shall initially provide with the submission the SFWMD construction permit submittal. Prior to approval the applicant shall provide the staff report and early work permit or construction permit. 3.2.8.2.14. The final subdivision plat, prepared in conformance with the approved preliminary subdivision plat, if the applicant chose to submit a preliminary subdivision plat, and the final subdivision plat requirements contained in section 3.2.9, pursuant to the provisions of section 3.2.6.3.2. 3.2.8.3.8. Easements. If applicable, easements shall be provided along lot lines or along the alignment of the improvements requiring easements in accordance with all design requirements so as to provide for proper access to, and construction and maintenance of, the improvements. All such easements shall be properly identified on the preliminary subdivision plat, if the applicant chooses to submit the optional preliminary_ subdivision plat, and dedicated on the final subdivision plat. lfthe prelimina _fy subdivision plat is not submitted, then the easements need to be identified and dedicated on the final subdivision plat. 3.2.8.3.19. Street names, markers and traffic control devices. Street name markers and traffic control devices shall be provided by the developer at intersections and locations designated by the deYe!cpment serv!ce: ~irect~r Transportation Administrator or his designee for all affected streets, whether the streets are existing or proposed. Such markers and traffic control devices shall be installed and constructed by the applicant to the applicant's engineer's specifications approved by the development services director for private streets or in conformance with standards and recommendations set forth in the latest edition of the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices for public streets. The ~eve!epment ser¥~ces ~irector Transportation Administrator or his designee shall accept alternative specifications on public streets signage where an acceptable maintenance agreement has been provided. Alternate specifications for private street signage where a property owners' association or other entity has maintenance Page 107 of 174 Words stvack thraugh are deleted, words underlined are added responsibility shall be approved by the development services director Transportation Administrator or his designee. Proposed streets which are in alignment with other existing and named streets shall bear the same name of the existing street. All street names shall have a suffix (i.e., street, avenue, boulevard, drive, place, court, etc.) and in no case, except as indicated in the preceding sentence, shall the name of the proposed street duplicate or be phonetically similar to [an] existing street name regardless of the use of the suffix. All street names shall be subject to approval by the development sero!ceo director CDES Operations Director or his designee during the preliminary subdivision plat approval process or on the final subdivision plat or the final plat and construction plans if the applicant chooses not to submit the optional preliminary subdivision plat Pavement painting and striping and/or appropriate reflective edge of public roadway markings shall be provided by the developer as required by the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Where concrete valley gutters border the edge of pavement and for private roadways, this requirement may be waived by the development services directc, r Transportation Administrator or his designee. 3.2.8.3.25. Central ¥¢water system, central. A complete water distribution and transmission system to include provision for separate potable water and reuse non-potable irrigation water lines, and interim water treatment or interim water treatment and supply facilities, if required, shal! must be provided or employed by the applicant, at no cost to Collier County for all subdivisions and developments. Non-potable irrigation lines must be color-coded according to the Collier County Ordinance and Technical Standards.~,~D ............ .. ~.....~,~ ........... ~...~, ,,.~a w..~.~*~'~ All internal non-potable irrigation lines, pumps and appurtenances will not be maintained by Collier County. County potable water will not be permitted for irrigation unless other sources of s'app!ementa! irrigation water are not permitted or available. Ttherefore= the developer will need to provide irrigation water from a source until such time that reuse water ma>' be available County provided non-potable irrigation water becomes available. All facilities shall be constructed in accordance with federal, state and local regulations. When required, the water distribution and transmission facilities shall be conveyed to Collier County, or the Collier County Water-Sewer District or other dependant district where appropriate, upon completion of construction pursuant to County Ordinance No. 88- 76 [Code ch. 134, art. III], as amended. 3.2.8.4.7. Easements. Protected/preserve area and easements. A nonexclusive easement or tract in favor of Collier County, without any maintenance obligation, shall be provided for all "protected/preserve" areas required to be designated on the preliminary and final subdivision plats or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary_ subdivision plat. Any buildable lot or parcel subject to or abutting a protected/preserve area required to be designated on the preliminary and final subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat, shall have a minimum 25-foot setback from the boundary of such protected/preserve area in which no principle structure may be constructed. Further, the preliminary and final subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary_ subdivision plat, shall require that no alteration, including accessory structures, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within such setback area without the prior written consent of the development services director; provided, in no event shall these activities be permitted in such setback area within ten feet of the protected/preserve area boundary_., unless the above setbacks are ...... ~;~.~ ,~ ..... ~. ~.,,cc~.; ........... , ..... ';~ ~ '~ ~ ~ ~ Additional regulations regarding preserve setbacks and buffers are located in Division 3.9, and shall be applicable for all preserves, regardless if they are platted or simply identified by recorded conservation easement. The boundaries of all required easements shall be dimensioned on the final subdivision plat. Required protected/preserve areas shall be identified as separate tracts or easements having access to them from a platted right-of-way. No individual residential or commercial lot or parcel lines may project into them when platted as a tract. If the protected/preserve area is determined to be jurisdictional in nature, verification must be provided which documents the Page 108 of 174 Words struc~z through are deleted, words underlined are added approval of the boundary limits from the appropriate local, state or federal agencies having jurisdiction and when applicable pursuant to the requirements and provisions of the growth management plan. All required easements or tracts for protected/preserve areas shall be dedicated and also establish the permitted uses for said easement(s) and/or tracts on the final subdivision plat to Collier County without the responsibility for maintenance and/or to a property owners' association or similar entity with maintenance responsibilities. An applicant who wishes to set aside, dedicate or grant additional protected preserve areas not otherwise required to be designated on the preliminary subdivision plat and final subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary_ subdivision plat, may do so by grant or dedication without being bound by the provisions of this section. Improvement plans. The improvement plans for required improvements which will be constructed within an existing easement must illustrate the existing easement and existing facilities, and the proposed easement and the proposed facilities. Copies of the improvement plans shall be provided by the applicant to the holder of the easement(s) simultaneously with its submission to the county. The review and approval of improvement plans does not authorize the construction of required improvements which are inconsistent with existing easement(s) of record. 3.2.9.1.2. The final subdivision plat shall conform to the approved preliminary subdivision plat, if the applicant chose to submit a preliminary_ subdivision plat, pursuant to section 3.2.6.3.25. The final subdivision plat and shall constitute only that portion of the approved preliminary subdivision plat, if applicable, which the applicant proposes to construct within a finite period not to exceed 18 months. The improvements required by this division which apply to the final subdivision plat shall be completed within 18 months from the date of approval of the final plat unless prior to the 18- month construction period, a written request for an extension in time not exceeding one year is applied for and approved by the development services administrator or his designee. The applicant shall enter into a construction and maintenance agreement with the county, in a form acceptable to the county attorney, which establishes the terms and conditions for the construction and maintenance of the improvements required during the 18~month construction period (unless a written extension request is approved by the development services director prior to the expiration of the 18omonth construction period), whether the final plat is approved only or approved and recorded with the posting of a subdivision performance security. This agreement shall be submitted with the final plat for review and approval and executed by all parties at the time of final plat approval per section 3.2.9.1.3. SUBSECTION 3.H. 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. 3.3.4. Exemptions. Due to its location or minimal impact on surrounding properties and probable minimal impacts under the site development plan review standard contained in section 3.3.5., standard application requirements as described in section 3.3.6., may be waived in part or in full by the planning services director for agriculturally related development as identified in the permitted and accessory uses section of the rural agricultural zoning district; however, a site improvement plan as required by section 3.3.7. addressing the application requirements deemed necessary by the planning services director shall be submitted to the planning department for review and approval. Page 109 of 174 Words stm,~k thrzagh are deleted, words underlined are added 3.3.4.1. School Board Review ("SBR") application contents. The SBR application submittal will be in accordance with Division 3.3 of the Code, but will be accorded an expedited process as outlined in the Manual for County Consistency and Site Plan Reviews of Educational Facilities and Ancillary Plants, as may be amended by agreement between the Board of County Commissioners and the Collier County School Board. This document is available in the Records Room of the CommuniW Development and Environmental Services Building. The expedited site plan for School Board Review, as referenced in Section 3.3.4.1.of the Land Development Code, will consist of the following areas of review: 3.3.4.1.1. Collier Coun _ty Utilities Standards and Procedures, Ordinance No. 01-57, as may be amended. In accordance with this Ordinance, the following requirements must be met: 1. That portion of the water and/or wastewater system that lies in the public rights-of- way or in County utility easements ("CUE") shall be conveyed to the Collier County Water/Sewer District prior to the issuance of the certificate of occupancy. 2. All water and wastewater systems shall be built in accordance with the Collier Coun _ty Utili _ty Technical Standards Manual in effect at the time a SBR Letter of Compliance is requested. 3. Division 3.16 of the code designed to protect local government water supply wellfields from land uses that may pollute shall apply. 4. Off-site improvements shall be in accordance with the current update of the Water and Wastewater Master Plan and must include any agreement necessary to assign the responsibility for the cost of upsizing said water and/or wastewater facilities. 5. The School District shall be responsible for all materials and/or real property required for the water and/or wastewater system. Any expansions and/or renovations to existing school facilities shall require a review by the Collier County Engineering Services Department to determine the need for a change in meter sizing and additional greasetraps. 6. South Florida Water Management District (SFWMD) permits shall be submitted prior to the issuance of an SBR approval. 3.3.4.1.2. Compatibility Review. The County will conduct a Compatibility Review that will take into account the Architectural and Site Design Standards contained within Division 2.8 of the LDC in effect at the time a SBR Letter of Compliance is requested and that pertain to issues of compatibility with surrounding uses, complementary_ patterns of development and mitigation of negative impacts, limited to compatibility issues, external sidewalks and pathway connections, lighting, dumpster location and screening and orientation of buildings and ancillary_ facilities, in addition, The Utility Billing and Customer Service ("UBCS") Department shall ascertain that there is ample space for the trash dumpster(s) or compactor(s) and for the trash collection franchisee to maneuver trucks in and out of the space allowed for the dumpster(s) or compactor(s). With the exception of high school facilities, this Compatibility Review will be a courtesy review. For high school facilities, this will be a formal review process and is subject to the appeal process set forth in Section 3.4.4.2. of the code in the event that the County denies the application based on non-compliance with the items listed in this paragraph. 3.3.4.1.3. Landscaping and Buffering. Division 2.4 of the code in effect at the time a SBR Letter of Compliance is requested shall apply. The County Planning Staff will recommend an amendment to the code allowing administrative deviations from the landscaping and buffering standards for essential services such as Educational and Ancillary Plants. Specifically, the County will recommend flexibility in the regulations for projects where there will be joint use by the County Department of Parks and Recreation and the School District. In the event that the BCC approves the recommended amendment, administrative deviations may be granted provided the School District can demonstrate that the intent of this Division can be effectively accomplished without meeting the specific development standards. The reasons for deviations are set forth in Section 2.4.3.1.1. of the code, but the deviation shall be in the format required by Section 2.8.2.5. of the code. 3.3.4.1.4. Environmental regulations for compliance with the Collier County GMP Conservation and Coastal Management Element in effect at the time a SBR Letter of Compliance is requested shall apply as follows: 1. On a site by site basis, County Staffwill determine the necessity for an Environmental Impact Statement ("EIS") to be submitted. Page 110 of 174 Words struck thraugh are deleted, words underlined are added 2. The final SFWMD Environmental Resource Permit and all other agency permits for wetlands must be submitted prior to a determination that the SBR application is sufficient for review. 3. Submission of Protected Species Surveys and, if needed, wildlife management plans in accordance with the code and the GMP in effect at the time of the issuance of the SBR Letter of Compliance along with United States Fish and Wildlife Service ("USFWS") and the Florida Fish and Wildlife Conservation Commission ("FFWCC") agency permits. 4. A site clearing plan must be submitted that shows the native vegetation areas to be preserved and identifies the upland/wetlands preserve or protecled species preserves. 5. The GMP requires schools to provide a set percentage for native vegetation preservation in the Rural Fringe and the Rural Lands. The School Board must comply with the set percentages of native vegetation preservation. 6. An Exotic Vegetation Removal and Maintenance Plan must be submitted and approved prior to final SBR approval. All exotic vegetation shall be removed from the site of an Educational and Ancillary_ Plant prior to the issuance of a Certificate of Occupancy. 7. All environmental documentation must be submitted prior to a sufficiency determination on a SBR application. Failure to submit the required documentation will result in a determination of insufficiency and the formal review process will not commence until such documentation is received and the application is deemed sufficient for review. 3.3.4.1.5. All State Fire Code regulations as they relate to the site plan and in effect at the time that a SBR Letter of Compliance is requested shall apply. The School District shall submit all building information necessary to determine site requirements including, but not limited to, fire flow requirements and fire sprinkler requirements. 3.3.4.1.6. Collier County Stormwater Management Policies as follows: 1. A Drainage Plan, signed and sealed by a Florida Professional Engineer must be submitted along with design calculations in order to determine the proposed development's effect on County maintained drainage facilities. 2. SFWMD permits must be submitted prior to a determination that the SBR application is sufficient for review. 3. Easements for drainage improvements and access to them must be submitted prior to SBR approval. When necessary, the School Board will supply additional drainage easement area when necessitated by increased capacity to accommodate the proposed development. 4. If any dedications of easements for drainage, maintenance, and/or access are required, all necessary documentation to record the easement(s) shall be provided to the County prior to approval of the SBR. Prior to the County's issuance of the Certificate of Occupancy, such easements shall be approved by the BCC and officially recorded 3.3.4.1.7. Public Educational Plants and Ancillary Plants are deemed to be essential public services and as such are subject to a Capital Improvement Element ("CIE") review for a public facility adequacy analysis. 3.3.4.1.8. Minimum yard setback requirements shall be 50 feet from all property lines for principal structures and 25 feet from all property lines for any accessory structures including portable classrooms. 3.3.4.1.9. Off-Site Impacts. in accordance with Section 6 of the lnterlocal Agreement for Public School Facility Planning, the School District and the County will jointly determine the need for, and timing of, on-site and off-site infrastructure improvements in conjunction with the determination of the consistency of the site location with the GMP and the code. and will enter into a written a~reement at the preapplication stage, as to the timing and location, and the entity or entities responsible for the cost, construction, operation and maintenance of the required improvements. In reaching a determination regarding responsibility for improvements, the parties will be guided as follows: 1. The School District shall be responsible for off-site improvements that are determined to be necessary to mitigate the off-site impacts of the Educational Plant or Ancillary_ Plant. The improvements shall be constructed by the School Board at the School District's expense, unless the School District requests otherwise in writine; and the CounBf determines and agrees otherwise in writing. The School District shall not be required to pay more than its proportionate share of the cost of the off-site improvements necessitated Page 111 of 174 Words stmzk thr,vugh are deleted, words underlined are added by the Educational Plant or Ancillary Plant. Off-site improvements include, but are not necessarily limited to, the widening of adjacent roadways and the infrastructure relevant to same when necessitated to accommodate buses (if needed); construction of required deceleration turn lane(s) at ingress(es) and egress(es) points and at any intersections within the immediate vicini _ty of the school site which are adversely impacted as a direct result of the same; and any other improvements determined to be necessary_ by Collier County Transportation Services Division and the Public Utilities Division. 2. Turn Lanes. The School District will be responsible for turn lane improvements adiacent to and/or in the vicinity of a site, including the cost and construction of same. Necessary turn lane improvement(s) determined by Collier County Transportation Staff shall be in place prior to issuance of the first permanent certificate of occupancy. When said turn lane improvement(s), whether left turn lane(s) or right turn lane(s), are determined to be necessary, right-of-way and/or compensating right-of-way shall be provided in conjunction with said improvement(s), as determined by Collier County Transportation Staff. All turn lane design criteria used shall be in accordance with the minimum standards as adopted by the Florida Department of Transportation ("FDOT") Design Standards as required by Chapter 316, Florida Statutes, as may be amended. The turn lane queue length determinations shall be in accordance with the criteria/calculations of Chapter 17 within the Highway Capacity Manual. In conducting the aforementioned criteria/calculations the length of school buses must be considered to adequately address the turn lane queue length determinations. 3. Sidewalks. As part of the SBR process, the School Board and the County will develop a sidewalk plan which delineates the sidewalks that are necessary in and around the project to establish the most direct connection to an existing network of sidewalks. The School Board shall collect funds through school impact fees to provide for the development of these sidewalks as delineated in the sidewalk plan. The School Board shall provide funds from these impact fees to the Coun _ty. The County will be responsible for the timing, cost, construction, and maintenance of such sidewalks. 4. The School District shall be responsible for the costs of any and all traffic signal(s) constructed due to and/or as a result of the impacts from an Educational Plant or Ancillary Plant, when it is determined to be warranted and approved by Collier County Transportation Staff. When warranted, upon the completion of the installation, inspection, bum-in period, and final approval/acceptance of the traffic signal(s), the traffic signal(s) will be turned over to the County, and will then be operated and maintained by the County Transportation and Operations Department. Any negotiations relevant to "fair share" vavment(s), or reimbursement(s), from any and all other neighboring property_ owner(s), that directly benefit from the installation of the traffic signal(s) will be determined based upon percentage of usage and impact. 5. All traffic control devices and design criteria used shall be in accordance with the minimum standards and any amendments thereto as adopted by the FDOT, as required by Chapter 316, Florida Statutes. 6. All traffic speed limit postings shall be in accordance with the minimum standards and any amendments thereto as adopted by the FDOT, and the Speed Zoning Manual as adopted by the FDOT and as required by Chapter 316, Florida Statutes. 7. The design of all transportation related improvements shall comply with the minimum standards and any amendments thereto as adopted by the FDOT, and as required by Chapter 316, Florida Statutes. 8. Any off-site improvements to be constructed by the School District, even though not required by the County, shall be subject to review by the Collier County Transportation Staff prior to construction to assure compliance with County regulations. 9. In the event the School District proposes to expand an existing school site, Collier County Transportation Staff shall make its recommendations as to improvements required to mitigate the off-site transportation impacts, but only as they related to such expansion. 3.3.4.2. School Board Review ("SBR") process. The SBR for School Board projects shall be reviewed under the followin~ expedited process: A. The SBR application will be reviewed only as to the criteria set forth in Section 3.3.4.1. B. The SBR application submittal must be in accordance with Division 3.3. of the code, but only as to those submittal requirements which are consistent with the review criteria set out in Section 3.3.4.1. Page 112 of 174 Words stvack thr,~ugh are deleted, words underlined are added C. The parties will develop a checklist that defines the items to be submitted for a SBR review application. D. Prior to commencing construction or site preparation, the School District shall request a pre-application meeting with the County. The Coun _ty will schedule a pre-application meeting with the School District within three (3) weeks of a request being submitted to the County. 1. The County will review the development proposal for compliance with the Letter of Consistency. 2. The parties will discuss and enter into a written agreement as to the timing and location and the entity or entities responsible for the cost, construction, operation and maintenance of the required off-site improvements. Any requirement that the BCC approve this written agreement at a public hearing is not a prerequisite to the School Board's abili _ty to proceed with any Coun _ty review that may be required by the code or the interlocal agreement. E. At least 120 days before commencing construction or site preparation, the School Board shall submit the SBR plan for the proposed Educational Plant or Ancillary Plant to the County for SBR approval. 1. The Coun _ty will have 14 days to determine whether the submittal is complete and sufficient. If the application package is not sufficient for review, the Coun _ty will request additional information from the School District. 2. Once the application package is sufficient, the County shall have 90 days to complete the review and issue a Letter of Compliance. The 90 days may be extended upon agreement of the County and the School District. Once an affirmative decision has been rendered, the School District may obtain building permits and commence construction. 3. Failure by the County to issue a Letter of Compliance within 90 days after determining the application package is sufficient for review shall be considered an approval. However, if within the 90 days the County denies the application based on non-compliance with the relevant standards of the code, the SBR shall be considered denied and the School District is authorized to pursue an appeal. F. Letter o£Compliance. After the expedited review and the Coun _ty's determination of compliance with the terms of the Code and the interlocal agreement, the Planning Services Director, or his designee, shall issue a Letter of Compliance, which shall evidence the County's approval of the SBR. In the event that there is disagreement as to the School District's compliance with any site plan requirement set forth in this section, the Planning Services Director shall, at the request of the School District Superintendent's designee, provide the County's determination and the basis of it in writing to the Superintendent's designee. Absent further successful negotiation on the issues, the School District shall be authorized to appeal the decision of the Planning Services Director as described in the Appeals process below. G The parties agree that the School District shall not request reviews and that County review is not requested or required for the following 1. The placement of temporary or portable classroom facilities; or 2. Proposed renovation or construction on existing school sites, with the exception of construction that: a. changes the primary use of a facility; b. includes a stadium; c. results in a greater than five percent increase in K-12 student capacity; or d. encroaches upon the established setbacks as set forth in this Agreement. H. Should the School Board place tempora _ry or portable classrooms on a site, the School Board will supply additional data to the Fire Code Office for review pursuant to Rule 4A- 58, Florida Administrative Code. In addition, the School Board will supply the Public Utilities Division with additional data on temporary_ and portable classroom facilities relative to concurrency issues related to water and sewer capacity and to the proper sizing Page 113 of 174 Words stvack throt:gh are deleted, words underlined are added of water meters and grease traps. No other reviews will be required for temporary_ or portable classroom facilities. I. SBR and Consistent_ Review Fees. The County will develop a review fee for the processing of the SBR and Consistency Review applications submitted by the School Board. The School Board will pay standard Coun_ty review fees for all other related project review services. J. Appeals. In the event that the County denies the application based on non-compliance with relevant standards of the code and the interlocal, or in the event that the Superintendent's designee and the Planning Services Director disagree regarding the interpretation of the code provisions, the School District may request an appeal to the BCC. However, appeals regarding issues pertaining to the Fire Code will be made to the Board of Appeals and Adjustments under the established procedures for this Board. 1. The request for appeal shall be filed in writing with the Planning Services Director and must state the basis for the appeal accompanied by any pertinent information, exhibits and other backup information in support of the appeal. 2. The BCC shall hold an advertised public hearing on the appeal and must consider the decision of the Planning Services Director, the position of the School District and public testimony. If the BCC upholds the decision of the Planning Services Director, the School District will then be authorized to pursue any legally available action or remedy to resolve this matter. If the BCC supports the position of the School District, the BCC will direct the Planning Services Director, or his designee, to issue a Letter of Compliance that is consistent with the findings and conclusions made by the BCC at the appeal hearing. 3.3.4.3. Consistency Review. The following process will be followed with respect to future Educational Plant and Ancillary Plant sites, prior to acquisition, for both the determination of consistency with the Collier County GMP locational criteria and whether the Plant is a permitted use, conditional use, or prohibited use in the zoning district on the site. Consistency with all other Elements of the GMP will be reviewed during the aforementioned SBR process. A. The Consistency Review will be conducted as follows: 1. Prior to the purchase of a site for an Educational or Ancillary Plant, the school district will request a pre-application meeting with the County. 2. The County will schedule a pre-application meeting with the School District within three (3) weeks of a request being submited to the County. 3. The County will review the proposed site for consistency with the FLUE, GGAMP, lAMP, as well as the LDC and fundamental planning and design principles including compatibility with surrounding uses, complimentary pattern of development, landscaping and bufferine concerns, stormwater management, configuration of the traffic circulation systems, consideration of natural resources and mitigation of on-site and off-site negative impacts. The County will provide a consistency determination based only on the locational criteria of the FLUE and whether the Plant is a permitted use, conditional use or prohibited use in the zoning district on the site. Consistency with all other Elements of the GMP will be determined during the SBR Review process. The following additional information will be submitted to determine major issues that may affect site feasibility: a. Land Use. A general location map showing surrounding development with the property_ outlined, a recent aerial of the site showing boundaries, source and date and a map and summary table of existing land uses and zoning within a radius of 300 feet from the boundaries of the subject property_. b. Future Land Use Designation. A map of the subject property designating each use, such as elementa _ry, middle, or hie;h school and whether such use includes a stadium, with acreage tables for each land use designation. c. Environmental. A recent aerial and summary_ table of native habitats and soils occurring on the site; a table of Federal and State listed plant and animal species known to occur on the site and/or known to inhabit biological communities similar to the site. d. Growth Management. Identification of any Area of Critical State Concern and Development of Regional Impact. Page 114 of 174 Words st."ack through are deleted, words underlined are added e. Timing and Impact of Development. Indication of whether the proposed site is intended for inclusion in the School Board's capital plan projection and if so, identification of the year. f. Public Facilities and Transportation. The School Board will indicate the proposed existing Level of Service Standards (LOS) and the School Board's provider and method of treatment for potable Water and sanitary sewer services, Arterial and Collector roads, drainage and solid waste facilities. Where applicable, service availability letters will also be provided. The School Board will provide a map detailing the location of existing services and public utilities that will served the proposed site. g. The School Board will identi_fy any flood zone, wellfield, traffic congestion boundary, coastal management boundary and high noise contours which relate to the proposed site. 4. Within 45 days of the submission of the information outlined in Section 3.3.4.3. A 3. of this Code, the County will provide written comments and recommendations to the School District along with a determination of the site's consistency with the GMP locational criteria and LDC zoning districts. Necessary on-site and off-site improvements will be identified for these sites and the parties responsible for these improvements to the extent this can be determined during this Iocational Consistency Review. 5. Letter of Consistency. After the County review, the Planning Services Director, or his designee, shall issue a Letter of Consistency for the GMP locational cdteria and whether the Plant is a permitted use, conditional use or prohibited use in the zoning district on the site, which shall evidence the CounW's determination of consistency as required by Section 1013.33(I 1) Florida Statutes. 6. After the Coun _ty has determined that the site is consistent with the GMP locational criteria and LDC zoning districts, the School District shall have up to one year to acquire the site. Once the site is acquired, the site shall be deemed to remain consistent regardless of later changes to either the GMP or LDC. 7. After the School District acquires the site and provides the necessary_ documentation for the County to initiate an amendment to the GMP, the County and School District will enter into a written agreement as part of the pre-application process detailed in section 3.3.4.2. D.2. of the code, as to the timing and location, and the enti _ty or entities responsible for construction, operation and maintenance of the required improvements. 3.3.7.1.2. Site development plan. A site development plan and a coversheet prepared on a maximum size sheet measuring 24 inches by 36 inches drawn to scale. B. The following information shall be set forth on the site development plan and/or on a separate data sheet used exclusively for that purpose: 1. A narrative statement on the plan identifying the provisions of ownership and maintenance of all common areas, open space, private streets and easements. 2. A site summary in chart form which shall include tte following information, with development and dimensional standards based on the provisions of the land development code and where applicable the PUD ordinance: a. Total site acreage. g. Maximum zoned building height allowed and actual ?rcpc, ged building height as defined in Division 6.3. Page 115 of 174 Words struck through are deleted, words underlined are added SUBSECTION 3.1. AMENDMENTS TO DIVISION 3.5., EXCAVATION DIVISION 3.5., Excavation, of Ordinance 91-102, as amended, of' the Collier County Land Development Code, is hereby amended to read as £ollows: DIVISION 3.5. EXCAVATION 3.5.5.1.3. Development excavation. Development excavations are considered to be any excavation located within the boundaries of a planned unit development, or subdivision development, having approved construction plans (to include SDPs), or an industrial or commercial project, or where the disturbed area of an excavation exceeds two acres, but no fill is removed from the subject property for whatever purpose provided that: The excavations were clearly defined and detailed as to location, size, shape, depth and side slopes during the development's review process and, if applicable, approved by the board after appropriate public hearings. If approved by the board during the rezone ~-'~/^- pre!imina.% .... ~,,~;,,;r;^, ~, ....... excavated material in an amount up to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated may be removed from the development. Intentions to remove material must be clearly stated during the development's review and approval process. 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 serving as a wet detention pond as part of a stormwater management system 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 such a.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 Dccign Rcq:~irc,wcnts. DESIGN REQUIREMENTS. 3.5.11.1.1 ?.rca Requirements. 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 ae as follows: a. Rural Fringe Mixed Use District- Reser;'ec130 percent. This requirement may be reduced subject to the incentives identified in Section 3.9.5.B.2.; b. All other areas -7 percent. 3.5.11.4. Exc,w,F:ic::s. EXEMPTIONS. Lake excavations 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. Exempted lake excavations that are modified to allow the lake to function as a wet detention pond as part of a stormwater management system shall no longer be exempted from this section and shall meet the standards contained herein at the time of modification. Page 116 of 174 Words ....... through are deleted, words underlined are added SUBSECTION 3.J. AMENDMENTS TO DIVISION 3.8., ENVIRONMENTAL IMPACT STATEMENTS (ELS) DIVISION 3.8., Enviromnental Impact Statements (EI S), of Ordinance 91- 102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.8., ENVIRONMENTAL IMPACT STATEMENTS (ELS) Sec. 3.8.2. Purpose. PURPOSE. 3.8.2.1. The purpose of this division is to provide a method to objectively evaluate the impact of a proposed development, site alteration, or project upon the resources and environmental quality of the project area and the community and to insure thatplanning and zoning decisions are made with a complete understanding of the impact of such decisions upon the environment, to encourage projects and developments that will: &A__:Protect, conserve and enhance, but not degrade, the environmental quality andresources of the particular project or development site, the general area and the greater community. ~B__:.Minimize the future reduction in property values likely to result, or be caused by improperly designed and executed projects and developments. ~C__:. Reduce the necessity for expenditure of public funds in the future for rehabilitating the environmental quality of areas of environmental sensitivity. 3.8.3. ^ PP'~';';-9'; .... ; ........ , ;~p ............ rr:,c~ required. APPLICABILITY; ENVIRONMENTAL IMPACT STATEMENT (EIS) REQUIRED. Without first obtaining approval of an EIS, or exemption pursuant to section 3.8.08_, as required by this Code it shall be unlawful and no building permit, conditional use, zoning change, subdivision or condoninium plat or unplatted subdivision approval or other county permit or approval of or for development or site alteration shall be issued to cause the development of or site alteration of: 3.8.3.1. Any site with a ST or ACSC-ST overlay. 3.8.3.2. All sites seaward of the coastal management boundary that are 2.5 or more acres. 3.8.3.3. All sites landward of the coastal management boundary that are ten or more acres. 3.8.3.5 Sites where a prior ElS was prepared and approved for the same area of land and where the following exist: a. Greater impacts to preserve areas or changes in location to preserve areas are proposed; b. Greater impacts to jurisdictional wetlands or listed species habitats are proposed; c. New listed species have been identified on site; or d. A previous EIS is more than 5 years old. 3.8.3.~5. Any other development or site alteration which in the opinion of the development services director, would have substantial impact upon environmental quality and which is not specifically exempted in this Code. in determining whether such a project would have substantial environmental impact the development services director shall base his decision on the terms and conditions described in this Code and on the project's consistency with the grc~vth management plan. 3.8.3.6. When required by Division 3.11 of this Code, plant and animal species surveys shall be conducted regardless of whether an EIS or resubmitted EIS is required by section 3.8.3. 3.8.4. SUBMISSION AND REVIEW OF EIS. A completed EIS, signed ~-,, *~-~ ~j .... prope~y owner or his designated agent in written and digital format, shall be submitted to development services director for approval, denial or approval with modifications. No development or site alteration will be started without this approval and permits required by law. Failure to provide full and complete Page 117 of 174 Words ....... through are deleted, words underlined are added information shall be grounds for denial of the application. The author(s) of the ElS shall provide evidence, by academic credentials or experience, of his/her expertise in the area of environmental sciences or natural resource management. Academic credentials shall be a bachelor's or higher degree in one of the biological sciences. Experience shall reflect at least three years, two years of which shall be in the State of Florida, of ecological or biological professional experience if substituting for academic credentials. Sec. 3.8.5. ~.e .... ,: ....... ;.~n r ..... ,~.~,;~. INFORMATION REQUIRED FOR APPLICATION. 2.8.5. I. ,qFf!ican: ir'(orn::,tion. Florida Depa~ment of Transpo~ation Florida Land Use Cover and Fa~s C!assificadon ................... ~ ............... ~,, otogra c ov~onco. act p area. 2.8.5.4. I. BicFhyzical. ............. ~-~ ....................... ; ,,, v .........resulting c_~ +k~ pr oct. pollution. a. Changes in Page 1 ! 8 of 174 Words ....... through are deleted, words underlined are added k r~ .... ;.~ p ............. ' high .......' .... ,. ~-a k; ....;'~ high water ' .... ~--;bY e..,,..~..~'-a: .... ..~" ..... ...-~' .... ~.~j~.;=-* design minimizes impacts ~.^" wetlands. game Page 119 of 174 Words ....... through are deleted, words underlined are added f. D .... ;,4~ past h;,stop:' of any e""; ........ ' !repasts *^ *~ area including h. Indicate ho';,' the project design ~" replace 7. N~,iso. project .................. r, ............. pr eot. c. D ...... ......................... 5 Program ~a ..... ~ 7 7 3. 2. [J/atcr s'4~ply. project. b. c ....... e,~ ............. pp!y " &nab'sis ^r^~ ~; ........ * systems -~'~*; ............ ,4 counb, stmdards, " ^"" plans r ...... ; ........... or resource recovery. resulting ~^~ ,k ...... .............. use~ ................................................. ,,,~ ne;',, usc. printed historic archaeological sun'eys +ho, k .... ~. ...... .4 ..... 4 *kd oj .......................... on .... pr eot c. n .......... ~, ..... kd ' design ,k~ ~,; .... :~/...ko~.~^g;.~, ;"*%';.9'0f ....................... project preserves .................................... the site. the project des:gn and des ns, Page 120 of 174 Words struck through are deleted, words underlined are added ?,fc::itcri::g. ................ ~ ...... procedures ~r .... · ' g d ..... ., proposed mon:tor:n uring and a~er site .................................................. y. ......... fe!?.ving: ............................ v,~v .... r,w .............................. ...~ cultural project, .......................................,,,~ surroundina ,,,~:~,,.,,~,, ~;~,,,,, ,.~ ~ -..~.~cc .... 4 ' the ...................... re~so,'l,S ............. .~ or capr:c:cus. environment. ................. -~ ......................................................... resources .............. ~,~ involved in a,~ proposed ~*;~- ou~,.,4 :, ~,~ :~p. ...... d 3.8.5.1. APPLICANT INFORMATION. A. Responsible person who wrote the EIS and his/her education and job related environmental experience. B. Owner(s)/agent(s) name, address, phone numker & e-mail address. 3.8.5.2. MAPPING AND SUPPORT GRAPHICS. A. General location map. B. Native habitats and their boundaries identified on an aerial photograph of the site extending at least 200 feet outside the parcel boundary. This does not mean theapplicant is required to go on to adjoining properties. Habitat identification consistent with the Florida Department of Transportation Florida Land Use Cover and Forms Classification System (FLUCFCS) shall be depicted on an aerial photograph having a scale of one inch e~lual to at least 200 feet when available from the County. Other scale aerials may be used where appropriate for the size of the project, provided the photograph and overlays are legible at the scale provided. A legend for each of the FLUCFCS categories found on-site shall be included on the aerial. C. Topographic map, and existing drainage patterns if applicable. Where possible, elevations within each of FLUCFCS categories shall be provided. D. Soils map at scale consistent with that used for the Florida Department of Transportation Florida Land Use Cover and Forms Classification System determinations. E. Proposed drainage plan indicating basic flow patterns, 0utfall and ofgsite drainage. F. Development plan including phasing program, service area of existing and proposed public facilities, and existing and proposed transportation network in the impact area. G. Site plan showing preserves on-site, and how they align with preserves on adjoining and neighboring properties. Include on the phn locations of proposed and existing development, roads, and areas for stormwater retention, as shown on approved master plans for these sites, as well as public owned conservation lands, conservation acquisition areas, major flowways and potential wildlife corridors. H. For properties in the RLSA or RFMU Districts, a site plan showing the location of the site, and land use designations and overlays as identified in the Growth Management Plan. 3.8.5.3. PROJECT DESCRIPTION AND GMP CONSISTENCY DETERMINATION. Page 121 of 174 Words stvac!-, through are deleted, words underlined are added A. Provide an overall description of the project with respect to environmental and water management issues. B. Explain how the proiect is consistent with each of the Objectives and Policies in thc Conservation and Coastal Management Element of the Growth Management Plan, where applicable. 3.8.5.4. NATIVE VEGETATION PRESERVATION. A. Identify the acreage and community type of all upland and wetland habitats found on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS). Provide a description of each of the FLUCFCS categories identified on-site by vegetation _type (species), vegetation composition (canopy, midstory and ground cover) and vegetation dominance (dominant, common and occasional). B. Explain how the project meets or exceeds the native vegetation preservation requirement in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan, and Division 3.9 of the Land Development Code. Provide an exhibit illustrating such. Include calculations identifying the acreage for preservation and impact, per FLUCFCS category_, C. For sites already cleared and in agricultural use, provide documentation that the parcel(s) are in compliance with the 25 year rezone limitation in Policy 6.15 of the Conservation and Coastal Management Element of the Growth Management Plan and Division 3.9 of the Land Development Code. For sites cleared prior to January 2003, provide documentation that the parcel(s) are in compliance with the 10 year rezone linitation previously identified in the Growth Management Plan and Land Development Code. D. Have preserves or acreage requirements for preservation previously been identified for the site during previous development order approvals? If so, identi _fy the lomtion and acreage, of these preserves, and provide an explanation if they are different from what is proposed E. For properties with Special Treatment "ST" overlays, show the ST overlay on the development plan and provided an explanation as to why these a~eas are being impacted or preserved. 3.8.5.5. WETLANDS. A. Define the number of acres of Collier Coun _ty jurisdictional wetlands (pursuant to Policy 6.2.1 and 6.2.2 of the Conservation and Coastal Management Element of the Growth Management Plan) according to the Florida Land Use Cover and Forms Classification System (FLUCFCS). Include a description of each of the FLUCFCS categories identified on-site by vegetation type (species), vegetation composition (canopy, midstory and ground cover) and vegetation dominance (dominant, common and occasional). Wetland determinations are required to be verified by the South Florida Water Management District or Florida Department of Environmental Protection, prior to submission to the Coun _ty. B. Determine seasonal and historic high water levels utilizing lichen lines or other biological indicators. Indicate how the proiect design improves/affects predevelopment hydroperiods. Provide a narrative addressing the anticipated control elevation(s) for the site. C. Indicate the proposed percent of defined wetlands to be impacted and the effects of proposed impacts on the functions of these wetlands. Provide an exhibit showing the location of wetlands to be impacted and those to be preserved on-site. Describe how impacts to wetlands have been minimized. D. Indicate how the project design compensates for wetland impacts pursuant to the Policies and Objectives in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan. For sites in the RFMU District, provide an assessment, based on thc South Florida Water Management District's Uniform Mitigation Assessment Method, that has been accepted by either the South Florida Water Management District or the Florid~ Department of Environmental Protection. Fa: sites outside the RFMU District, and when, higher quality wetlands are being retained on-site, provide .justification based on the Uniform Mitigation Assessment Method. 3.8.5.6. SURFACE AND GROUND WATER MANAGEMENT. A. Provide an overall description of the proposed water management system explainin}_,. how it works, the basis of design, historical drainage flows, off-site flows coming in to th~, system and how they will be incorporated in the system or passed around the system, positiw, outfall availabiliW, Wet Season Water Table and D_ry Season Water Table, and how they wer{, determined, and any other pertinent information pertaining to the control of storm and ground water. Page 122 of 174 Words st."ack thrm:gh are deleted, words underlined are added B. Provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering thu proposed land uses and stormwater management controls) compared with water qu-ality loadings of the project area as it exists in its pre-development conditions. This analysis is required for projects impacting five (5) or more acres of wetlands. The analysis shall N; performed using methodologies approved by Federal and State water quality agencies. C. Identi _fy any Wellfield Risk Management Special Treatment Overlay Zones (WRM ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM-STs. 3.8.5.7. LISTED SPECIES. A. Provide a plant and animal species survey to include at a minimum, listed species known to inhabit biological communities similar to those existing onsite, and conducted h, accordance with the guidelines of the Florida Fish and Wildlife Conservation Commission and the U.S. Fish and Wildlife Service. State actual survey times and dates, and provide a maI, showing the location(s) of species of special status identified on-site. B. Identify all listed species that are known to inhabit biological communities similar to those existing on the site or that have been directly observed on the site. C. Indicate how the project design minimizes impacts to species of special status. Describe the measures that are proposed as mitigation for impacts to listed species. D. Provide habitat management plans for each of the listed species known to occur on thc property. For sites with bald eagle nests and/or nest protection zones, bald eagle managemevt plans are required, copies of which shall be included as exhibits attached to the PUD documents, where applicable. E. Where applicable, include correspondence received from the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS), with regards to the project. Explain how the concerns of these agencies have been met. 3.8.5.8. OTHER. A. For multi-slip docking facilities with ten slips or more, and for all marina facilities, show how the project is consistent with the Marina Siting and other criteria in the Manatee Protection Plan. B. Include the results of any environment01 assessments and/or audits of the property. If applicable, provide a narrative of the cost and measures needed to clean up the site. C. For sites located in the Big Cypress Area of Critical State Concern-Special Treatment (ACSC-ST) overlay district, show how the project is consistent with the development standards and regulations established for the ACSC-ST. D. Soil sampling or ground water monitorin~ reports and programs shall be required for sites that occupy old farm fields, old golf courses or for wlich there is a reasonable basis fo~ believing that there has been previous contamination on site. The amount of sampling and testing shall be determined by the Environmental Services staff along with the Pollution Control Department and the Florida Department of Environmental Protection. E. Provide documentation from the Florida Master Site File, Florida Department of Stat~, and any printed historic archaeological surveys that have been conducted on the proiect area. Locate any known historic or archaeological sites and their relationships to the proposed project design. Demonstrate how the project design preserves the historic/archaeological intee;ri _ty of the site. - 3.8.6 ADDITIONAL DATA. The Development Services Director may require additional data or information necessary in order to make a thorough and complete evaluation of the ElS and project. 3.8.& 7 ~>~*;^" ~' ........ ~m ~.a a .... ,~p .... · impact (DRI). RELATION ........................................ of reg:cna! BETWEEN ElS AND DEVELOPMENT OF REGIONAL IMPACT (DRI). In any instance wh~re the proposed project requires both an ElS and a DRI, their data may be embodied in one report provided such report includes all the required information on both the ElS and DRI. 3.8.% 8_. Exemptions. EXEMPTIONS. Page 123 of 174 Words ...... ~, t~rcug~ are deleted, words underlined are added 2.8.9.1.3.8.8.1. Single-family or duplex uses. Single-family or duplex use on a single lot or parcel. Exemption shall not apply to any parcel with a ST or ACSC-ST overlay, unless otherwise exempted by section 2.2.24.8 of this Code. 3.8.9.1.1.3.8.8.2. Agricultural uses. n~.~ c,,~ Ag ......... a ricultural uses-'k p~ ....... p,^, h~o ~,~,; ..... A : ...... ~ ....... :,~ .... :~, ~ n ~ ~ herehLthat fall within the scope of sections 163.3214(4) or 823.14(6), Florida Statutes, provided that the subject prope~ will not be conveged to a nonagricultural use or considered for any Wpe ofrezoning petition for a period of~ ~enW-five years after the agricultural uses commence and provided that the subject prope~ does not hll within an ACSC or ST zoning overlay. 2.8.9.2.3.8.8.3 Non-sensitive Areas. Any area or parcel of land which is not, in the opinion of the development services director, an area of environmental sensitivity, subject to the criteria set forth below, provided that the subject property_ does not fall within an ACSC or ST zoning overlay: ........... a..F .... · ........................ F ........................................ proposed project "-'~+~o * .... h ^r+N~ r~,, ....;~ criteria: 2.8.9.2.1. A_~. The subject property has already been altered through past usage, prior to the adoption of this Code, in such a manner that the proposed use will not further degrade the environmental quality of the site or the surrounding areas which might be affected by the proposed use. 2.8.9.2.2. B__= The major flora and fauna features have been altered or removed to such an extent as to preclude their reasonable regeneration or useful ecological purpose. An example would be in the case of an industrial park or a commercial development where most of the flora and fauna were removed prior to the passage of this Code. 3.8.9.2.3. C__= The surface and/or natural drainage or recharge capacity of the project site has been paved or channeled, or otherwise altered or improved prior to the adoption of this Code, and will not be further degraded as a result of the proposed use or development. 3.8.9.2.4. D_~. The use and/or development of the subject property will definitely improve and correct ecological deficiencies which resulted from use and/or development which took place prior to the passage of this Code. An example would be where the developer proposes to reforest the area, provide additional open space, replace natural drainage for channeled drainage, and/or reduce density. 2.8.9.2.5. E_=. The use or development will utilize existing buildings and structures and will not require any major alteration or modification of the existing land forms, drainage, or flora and fauna elements of the property. 3.8.9.3.3.8.8.4. All lands lying within all incorporated municipalities in Collier County. 3.8.8.5 All NBMO Receiving Lands. 3.8.44X. 9_. Fees. FEES. In order to implement, maintain and enforce this Code, the cost upon submission of the environmental impact statement shall be as established by resolution. Until this fee has been paid in full no action of any type shall be taken. 3.8.44-:. 10__= Appeals. APPEALS, A__: Any person aggrieved by the decision of the development services director regarding any section of this Code may file a written request for appeal, not later than ten days after said decision, with the environmental advisory board or their successor organkation. B_=. The environmental advisory board will notify the aggrieved person and the development services director of the date, time and place that such appeal shall be heard; such notification will be given 21 days prior to the hearing unless all partks waive this requirement. C__.= The appeal will be heard by the environmental advisory board within 60 days of the submission of the appeal. D_~. Ten days prior to the hearing the aggrieved person shall submit to the environmental advisory board and to the development services director copies of the data and information he intends to use in his appeal. Page 124 of 174 Words sm-'ck through are deleted, words underlined are added E_~. Upon conclusion of the hearing the environmental advisory board will submit to the board of county commissioners their facts, findings and recommendations F~ The board of county commissioners, in regular session, will make the final decision to affirm, overrule or modify the decision of the development services director in light of the recommendations of the environmental advisory board. SUBSECTION 3.K. AMENDMENTS TO DIVISION 3.9., VEGETATION REMOVAL, PROTECTION AND PRESERVATION DIVISION 3.9., Vegetation Removal, Protection and Preservation, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION 3.9.1. T~t!e aha,. citation. TITLE AND CITATION. This division shall be known and may be cited as the "Collier County Vegetation Removal, Protection and Preservation Regulations." 3.9.2. Purpose. PURPOSE. The purpose of this division is the protection of vegetation within Collier County by regulating its removal; to assist in the control of flooding, soil erosion, dust, heat, air pollution and noise and to maintain property, aesthetic and health values within Collier County; to limit the use of irrigation water in open space areas by promoting the preservation of existing plant communities. To limit the removal of existing viable vegetation in atvance of the approval of land development plans; to limit the removal of existing viable vegetation when no landscape plan has been prepared for the site. It is not the intent of this division to restrict the mowing of nonprotected vegetation in order to meet the requirements of other sections of this Code. 3.9.3. App!ieab!l~ty. APPLICABILITY. It shall be unlawful for any individual, firm, association, joint venture, partnership, estate, trust, syndicate, fiduciary, corporation, group or unit of federal state, county or municipal government to remove, or otherwise destroy, vegetation, which includes placing of additional fill, without first obtaining a vegetation removal or vegetation removal and fill permit from the development services director exceptas hereinafter exempted. 3.9.3.1. rrv~p,; ..... ~ u ..... ;^"~ EXEMPTIONS AND EXCEPTIONS. A. NBMO EXEMPTION. Development in NBMO Receiving Lands are exempt from the provisions of this Division. B_~. Seminole and Miccoaukee Tribe Exception. SEMINOLE AND MICCOSUKEE TRIBE EXCEPTION. Except that iln accordance with F.S. § 581.187, vegetation removal permits shall not be required for members of either the Seminole Tribe of Florida or the Miccosukee Tribe of Florida Indians, subject to the following conditions. Said permit exemption shall be for the sole purpose of harvesting select vegetation, including but not limited to palm fronds and cypress, for use in chickee hut construction, or for cultural or religious purposes, and tribal member identification andwritten permission from the property owner must be in possession at the time of vegetation removal. This exemption shall not apply to general land clearing, or to agricultural land clearing, including silviculture. C. AGRICULTURAL EXEMPTION. Agricultural operations that fall within the scope of sections 163.3162(4) and 823.14(6), Florida Statutes, are exempt from the provisions of 3.9.3 through 3.9.9, provided that any new clearing of land for agriculture outside of the RLSA District shall not be converted to non-agricultural development for 25 years, unless the applicable provisions set forth in Sections 3.9.4. through 3.9.6. are adhered to at the time of the conversion. The percentage of native vegetation preserved shall be calculated on the amount of Page 125 of 174 Words struck through are deleted, words underlined are added vegetation occurring at the time of the agricultural clearing, and if found to be deficient, a native plant communi _ty shall be restored to re-create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larger plant mats:isis so as to more quickly re-create the lost mature vegetation. D. PRE-EXISTING USES. Exemptions from the requirements of Section 3.9.5 through 3.9.9 shall not apply to, affect or limit the continuation of uses within the RFMUD which existed existing prior to June 19, 2002. 1. Such existing uses shall include: those uses for which all required permits were issued prior to June 19 2002; or projects for which a Conditional use or Rezone petition has been approved by the County prior to June 19, 2002; or, land use petitions for which a completed application has been submitted and which have been determined to be vested from the requirements of the Final Order prior to June 19, 2002. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses. 2. Such previously approved developments shall be deemed to be consistent with thc. GMP Goals, Policies and Objectives for the RFMU District, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed to be consistent with the GMP Goals, Objectives and Policies for the RFMU District as long as they do not result in an increase in development densiW or intensi _ry. E. EXEMPT MANGROVE ALTERATION PROJECTS. Mangrove alteration projects that are exempted from Florida Department of Environmental Protection permit requirements by Florida Administrative Code 17-321.060 are exempt from preservation standards for the mangrove trees, unless they are a part of a preserve. This exemption shall not apply to mangrove alterations or removal in any preserve or in any area where the mangroves have been retained in satisfaction of Section 3.9.4. The Collier County Environmental Advisory Council (EAC) may grant a variance to the provisions of this section if compliance with the mangrove tree preservation standards of this Division would impose a unique and unnecessary hardship on the owner or any other person in cmtrol of affected property. Mangrove trimming or removal for a view shall not be considered a hardship. Relief shall be granted only upon demonstration by the landowner or affected party that such hardship is peculiar to the affected property and not self-imposed, and that the grant ora variance will be consistent with the intent of this division and the growth management plan. ............. ~. ........ required. XT .... g .... : ......... limited t0: ~ r c A~y ~ .... rEnglneers ~:*~ exemptions. Other c0unD' approvals; ............................................ a. v~.t.t ............. pe.,"mit .............. - ........................................ may ~. a:companied by photographs or videotape; illustrating D. pical areas of vegetation referenced to positions an thc ~=";~' or survey, k..* ok~' ~'~-~y :.a;o~,= ~ok:,~,, ...... a protected vegetation, ~,a may be ....... ~ .......: ............................................. ~.t.tlon ........... to positions *" .... :~ survey. on .......... or mh~ g ..... ';'~ vegetation inventor/shal! be preparedir, propcaed site improvements. Page 126 of 174 Words struck through are deleted, words underlined are added accompanied ,. k~:.c .... ;,~ ........... , ^c,u~ ~,.., ....... ;,; ..... ~,:.u u .... been .................................................................................... qua '~, the .......................................... ~ ......... :$', v ~ .... ~ ~*~ physical ................................... may ~ ........... preservation, w~. ,,~ !nvento~ ........... ~,,,~,,, and ce~fied nurse~'m~n. that Designation ~c ~, ........ ,4 ,,% .... ; ......... ,4 for removal. retained. 3. Proof of ownership. 3.9.4.2?,. Vegetation relocation plan. If vegetation ~ .... ;~ is proposed by ,n .... ~; ...... ; ..... ;,~ ,4 .... I~p ..... lo. construction ~, .... or ............ approvals, a vegetation -~ .... : ..... ;, (,% ....: ......... ~ ~:,~ ........... e .......................... ~ ....... j may be ~ ~,~. :.c~,; ....... :-~ by *~ ~ .... ~p~* services director. 3.9.4. VEGETATION PRESERVATION STANDARDS. All development not specificall,/ exempted by this ordinance shall incorporate, at a minimum, the preservation standards contained within this section. 3.9.4.1. GENERAL STANDARDS AND CRITERIA. A. The preservation of native vegetation shall include canopy, unde~storv and ground cover emphasizing the largest contiguous area possible, except as otherwise prm/ided in Section 3.9.7.1.E. Page 127 of 174 Words ....... through are deleted, words underlined are added B. Areas that fulfill the native vegetation retention standards and criteria of this Section shall be set aside as preserve areas, subject to the requirements of Section 3.9.7. Single family residences are exempt from the requirements of Section 3.9.7. C. Preserve areas shall be selected in such manner as to preserve the following, in descending order of priori_t3,, except to the extent that preservation is made mandatory in Sections 3.9.5.3.A and 3.9.6.3.C: 1. Onsite wetlands having an assessed functionality of 0.65 or greater; 2. Areas known to be utilized by listed species or that serve as corridors for the movement of wildlife; 3. Any upland habitat that serves as a buffer to a wetland area, 4. Listed plant and animal species habitats, 5. Xeric Scrub, 6. Dune and Strand, Hardwood Hammocks, 7. Dry Prairie, Pine Flatwoods, and 8. All other upland habitats. 9. Existing native vegetation located contiguous to a natural reservation. D. Preservation areas shall be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors. E. To the greatest extent possible, native vegetation, in quantities and types set forth in Division 2.4, shall be incorporated into landscape designs in order to promote the preservation of native plant communities and to encourage v~ater conservation. 3.9.4.2. SPECIFIC STANDARDS APPLICABLE OUTSIDE THE RFMU AND RLSA DISTRICTS. Outside the RFMU and RLSA Districts, native vegetation shall be preserved on-site throuj~h the application of the following preservation and vegetation retention standards and criteria, unless the development occurs within the ACSC where the ACSC standards referenced in the Future Land Use Element shall apply. This Section shall not apply to single-family dwelling units situated on individual lots or parcels. A. REQUIRED PRESERVATION Development Type Coastal High Hazard Area Non-Coastal High Hazard Area Less than 2.5 acres 10% Less than 5 acres 10% Residential and Mixed Use Equal to or greater Equal to or greater than 5 acres Development than 2.5 acres 25% and less than 20 acres. 15% Equal to or greater than 20 acres 25% Golf Course 35% 35% Commercial and Industrial Development and all other Less than 5 acres. 10% Less than 5 acres. 10% non-specified development _types Equal to or greater Equal to or than 5 acres. 15% greater than 5 acres. 15% Industrial Development (Rural-Industrial 50%, not to exceed 25% of the project 50%, not to exceed 25% of the project District only) site___:, site. B. EXCEPTIONS. An exception from the vegetation retention standards above shall be granted in the following circumstances: 1. where the parcel was legally cleared of native vegetation prior to January 1989; Page 128 of 174 Words st..-,:,c~,: through are deleted, words underlined are added 3.9.4.3. 2. where the parcel cannot reasonably accommodate both the application of the native vegetation retention standards and the proposed uses allowed under this Code, subject to the criteria set forth in Section 3.9.7.1 .E. SPECIFIC STANDARDS FOR THE RFMU DISTRICT. For Lands within the RFMU District, native vegetation shall be preserved through the application of the following preservation and vegetation retention standards and criteria, in addition to the generally applicable standards and criteria set forth in Section 3.9.4.1 above: A. RFMU RECEIVING LANDS OUTSIDE THE NBMO. 1. A minimum of 40% of the native vegetation present, not to exceed 25% of the total site area shall be preserved. a. Off-site preservation shall be allowed at a ratio of 1:1 if such off-site preservation is located within RFMU Sending Lands. b. Off-site preservation be allowed at a ratio of 1.5:1 if such off-site preservation is located outside of Sending Lands. c. Like for like preservation shall be required for Tropical Hardwood and Oak Hammock vegetative communities. 2. Where schools and other public facilities are co-located on a site, the native vegetation retention requirement shall be 30% of the native vegetation present, not to exceed 25% of the site. B. NEUTRAL LANDS. 1. In Neutral Lands, a minimum of 60% of the native vegetation present, not to exceed 45% of the total site area shall be preserved. 2. Exceptions. a. In those Neutral Lands located in Section 24, Township 49 South, Range 26 East, in the NBMO, native vegetation shall be preserved as set forth in Section 2.2.31.5.B. b. Where schools and other public facilities are co-located on a site, the native vegetation retention requirement shall be 30% of the native vegetation present, not to exceed 25% of the site. RFMU SENDING LANDS. 1. In RFMU Sending Lands that are not within a NRPA, 80% of the native vegetation present on site shall be preserved, or as otherwise permitted under the Density Blending provisions of Section 2.6.40. Off-site preservation shall be allowed in satisfaction of up to 25% of the site preservation or vegetative retention requirement, at a ratio of 3:1, if such off-site preservation is located within or contiguous to Sending Lands. 2. In RFMU Sending Lands that are within a NRPA, 90% of the native vegetation present shall be preserved or such other amount as may be permitted under the Density Blending provisions of Section 2.6.40. Off-site preservation shall not be credited toward satisfaction of any of the vegetative retention requirement applicable in such NRPAs. GENERAL EXCEPTIONS. 1. Non-conforming, Pre-existing Parcels. In order to ensure reasonable use and to protect the private property_ rights of owners of smaller parcels of land within the RFMU District, including nonconforming lots of record which existed on or before June 22, 1999, for lots, parcels or fractional units of land or water equal to or less than five (5) acres in size, native vegetation clearing shall be allowed, at 20% or 25,000 square feet of the lot or parcel or fractional unit, whichever is greater, exclusive of any clearing necessary to provide for a 15-foot wide access drive up to 660 feet in length. For lots and parcels greater than 5 acres but less than 10 acres, up to 20% of the parcel may be cleared. This allowance shall not be considered a maximum clearing allowance whe~'e other provisions of this Plan allow for greater clearing amounts. These clearing limitations shall not prohibit the clearing of brush or under-sto _ry vegetation within 200 feet of structures in order to minimize wildfire fuel sources. 2. Specific County-owned Land. On County-owned land located in Section 25, Township 26 E, Range 49 S (+/-360 acres), the native vegetation retention and site Page 129 of 174 Words struck thrc'~:gh are deleted, words underlined are added preservation requirements may be reduced to 50% if the permitted uses are restricted to the portions of the property_ that are contiguous to the existing land fill operations; exotic removal will be required on the entire +/- 360 acres. 3. Discretionary Exception for Essential Public Services. The communi_ty development and environmental services admhistrator, or his/her designee, may grant written exemptions to the above preservation requirements on agriculturally zoned property_ for essential public services (as defined in section 2.6.9), where it can be demonstrated thatthe preservation requirements and the Essential Public Services cannot both be reasonably accommodated on the site and it is in the best interest of the general public to allow a reduction in all or part from the requirements for preservation of existing native vegetation. 3.9.4.4. SPECIFIC STANDARDS FOR RLSA DISTRICT. For lands within the FLSA District, native vegetation shall be preserved pursuant to the RLSA District Regulations set forth in Section 2.2.27 of this Code. 3.9.4.5. DENSITY BONUS INCENTIVES. Densi_ty Bonus Incentives shall be granted to encourage preservation. A. OUTSIDE RURAL VILLAGES. In RFMU Receiving Lands not designated as a Rural Village, a density bonus of 0.1 dwelling unit per acre shall be granted for each acre of native vegetation preserved on-site that exceeds the requirements set forth in Section 3.9.4.3, once a densi _ty of 1 unit per acre is achieved through the use of TDR Credits. B. INSIDE RURAL VILLAGES. In RFMU Receiving Lands designated as a Rural Village, a density bonus of 0.3 dwelling units per acre shall be granted for each acre of native vegetation preserved on-site that exceeds the requirements set forth in Section 3.9.4.3, once a density of 2 units per acre is achieved through the use of TDR and Bonus Credits. 3.9.5. WETLAND PRESERVATION AND CONSERVATION. 3.9.5.1 PURPOSE. The following standards are intended to protect and conserve Collier Coun _ty's valuable wetlands and their natural functions, including marine wetlands. These standards apply to all of Collier County, except for lands within the RLSA District. RLSA District lands are regulated in Section 2.2.27. Wetlands shall be protected as follows, with total site preservation not to exceed those amounts of vegetation retention set forth in Section 3.9.4.3, unless otherwise required. 3.9.5.2. URBAN LANDS. In the case of wetlands located within the Urban designated areas of the County, the Coun _ty will rely on the jurisdictional determinations made by the applicable state or federal agency in accordance with the following previsions: A. Where permits issued by such jurisdictional agencies allow for impacts to wetlands within this designated area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. B. The Coun _ty shall require the appropriate jurisdictional permit prior to the issuance of a final local development order permitting site improvements, except in the case of any single family residence that is not part of an approved development or platted subdivision. C. Within the lmmokalee Urban Designated Area, there exists high quality wetland system connected to the Lake Trafford/Camp Keais system. These wetlands require greater protection measures and therefore the wetland protection standards set forth in 3.9.4.3. below shall apply in this area. 3.9.5.3. RFMU DISTRICT. Direct impacts of development within wetlands shall be limited by directing such impacts away from high quality wetlands. This shall be accomplished by adherence to the vegetation retention requirements of Section 3.9.4.3 above and the following: A. STANDARDS. 1. In order to assess the values and functions of wetlands at the time of project review. applicants shall rate the functionali _ty of wetlands using the Unified Wetland Mitigation Assessment Method set forth in F.A.C. 62-345. For projects that have already been issued an Environmental Resource Permit by the state, the County will accept wetlands functionality assessments that are based upon the South Florida Water Management District's Wetland Rapid Assessment Procedures (WRAP), as described in Technical Publication Reg 001 (September 1997, as update August 1999). The applicant shall submit to County staff these respective assessments and the scores accepted by either the South Florida Water Management District or Florida Department of Environmental Protection. Page 130 of 174 Words struck thrm:gh are deleted, words underlined are added 2. Wetlands documented as being utilized by listed species or serving as corridors for the movement of wildlife shall be preserved on site, regardless of whether the preservation of these wetlands exceeds the acreage required in Section 3.9.4.2. 3. Existing wetland flowways through the project shall be maintained, regardless of whether the preservation of these flowways exceeds the acreage required in Section 3.9.4.3. 4. Drawdowns or diversion of the ground water table shall not adversely change the hydroperiod of preserved wetlands on or offsite. Detention and control elevations shall be set to protect surrounding wetlands and be consistent with surrounding land and project control elevations and water tables. In order to meet these requirements, projects shall be designed in accordance with Sections 4.2.2.4, 6.11 and 6.12 of SFWMD's Basis of Review, January_ 2001. 5. Single family residences shall follow the requirements contained within Section 3.9.5.4.B. 6. Preserved wetlands shall be buffered from other land uses as follows: a. A minimum 50-foot vegetated upland buffer adiacent to a natural waer body. b. For other wetlands a minimum 25-foot vegetated upland buffer adjacent to the wetland. c. A structural buffer may be used in conjunction with a vegetative buffer that would reduce the vegetative buffer width by 50%. A structural buffer shall be required adjacent to wetlands where direct impacts are allowed. A structural buffer may consist of a stem-wall, berm, or vegetative hedge with suitable fencing. d. The buffer shall be measured landward from the approved jurisdictional line. e. The buffer zone shall consist of preserved native vegetation. Where native vegetation does not exist, native vegetation compatible with the existing soils and expected hydrologic conditions shall be planted. f. The buffer shall be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. g. The following land uses are considered to be compatible with wetland functions and are allowed within the buffer: (l) Passive recreational areas, boardwalks and recreational shelters; (2) Pervious nature trails; (3) Water management structures; (4) Mitigation areas; (5) Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses. B. MITIGATION. Mitigation shall be required for direct impacts to wetlands in order to result in no net loss of wetland functions, in adherence with the following requirements and conditions: 1. Mitigation Requirements: a. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or adjacent to the impacted wetland b. Prior to issuance of any final development order that authorizes site alteration, the applicant shall demonstrate compliance with a and b above. If agency permits have not provided mitigation consistent with this Section, Collier County will require mitigation exceeding that of the jurisdictional agencies. c. Mitigation requirements for single-family lots shall be determined by the State and Federal agencies during their permitting process, pursuant to the requirements of Section 3.9.5.4. 2. Mitigation Incentives: A densi _ty bonus of 10% of the maximum allowable residential Page 131 of 174 Words stvack through are deleted, words underlined are added densi[y, a 20% reduction in the required open space acreage, a 10% reduction in the required native vegetation, or a 50% reduction in required littoral zone requirements may be granted for projects that do any of the following: a. Increase wetland habitat through recreation or restoration of wetland functions, of the same _type found on-site, on an amount of off-site acres within the Rural Fringe Mixed Use District Sending Lands, equal to, or greater than 50% of the on-site native vegetation preservation acreage required, or 20% of the overall project size, whichever is greater; or, b. Create, enhance or restore wading bird habitat to be located near wood stork, and/or other wading bird colonies, in an amount that is equal to, or greater than 50% of the on-site native vegetation preservation acreage required, or 20% of the overall project size, whichever is greater; or c. Create, enhance or restore habitat for other listed species, in a location and amount mutually agreeable to the applicant and Collier County after consultation with the applicable jurisdictional agencies. 3. ElS Provisions. When mitigation is proposed, the EIS shall demonstrate that there is no net loss in wetland functions as prescribed above. 4. Exotic Vegetation Removal. Exotic vegetation removal shall not constitute mitigation. 3.9.5.4. ESTATES, RURAL-SETTLEMENT AREAS, AND ACSC. In the case of lands located within Estates Designated Area, the Rural Settlement Area, and the ACSC, the County shall rely on the wetland jurisdictional determinations and permit requirements issued by the applicable jurisdictional agency, in accordance with the followin?: A. For single-family residences within Southern Golden Gate Estates or within the Bit, Cypress Area of Critical State Concern, the Coun _ty shall require the appropriate federal an~' state wetland-related permits before Collier County issues a building permit B. Outside of Southern Golden Gate Estates and the Area of Critical State Concern, Collier County shall inform applicants for individual single-family building permits that federal and state wetland permits may be required prior to construction. The County shall also notifi/ the applicable federal and state agencies of single family building permits applications in these areas. 3.9.5.5. RLSA DISTRICT. Within the RLSA District, wetlands shall be preserved pursuant to Section 2.2.27. 3.9.5.6. SUBMERGED MARINE HABITATS. The County shall protect and conserve submerged marine habitats as provided in Section 2.6.21.2.7. 3.9.6. NATURAL RESERVATION PROTECTION AND CONSERVATION. 3.9.6.1. PURPOSE AND APPLICABILITY. A. The purpose of this Section is to protect natural reservations from the impact of surrounding development. For the purpose of this section, natural reservations shall include only NRPAs and designated Conservation Lands on the Future Land Use Map. B. For the purposes of this Section, development shall include all projects single-family dwelling units situated on individual lots or parcels. 3.9.6.2. REVIEW PROCESS. All requests for development contiguous to natural reservations shall be reviewed as part of the County's development review process. 3.9.6.3. RFMU DISTRICT REQUIREMENTS. The following criteria shall apply within the RFMU District only. A. OPEN SPACE. Open space shall be required to provide a buffer between the project and the natural reservation. 1. Open space allowed between the project's non-open space uses and the boundary of the natural reservation may include natural preserves, natural or man-made lakes, golf courses, recreational areas, required yard set-back areas, and other natural or man-made open space requirements. 2. The following open space uses are considered acceptable uses contiguous to the natural reservation boundary_: Page 132 of 174 Words struck thraugh are deleted, words underlined are added a. preservation areas; b. golf course roughs maintained in a natural state; c. stormwater management areas; d. pervious nature trails and hiking trails limited to use by nonmotorized vehicles. OPEN SPACES AS BUFFERS. 1. The uses in paragraph A.2 above are encouraged to be located as to provide a buffer between the natural reservation and more intensive open space uses, including. playgrounds, tennis courts, golf courses (excluding roughs maintained in a natural state), and other recreational uses and yards for individual lots or parcels, or open space uses that are impervious in nature. These more intensive open space uses may not be located closer than 300 feet to the boundary_ of the natural reservation. 2. In addition, where woodstork (MFcteria americana) rookeries, bald eagle (Haliaeetus leucocephalus) nests, and wading bird roosts are found in the adjacent natural reservation, the open space uses identified in sub-sections B.2.a. through c are considered acceptable for placement within a buffer as specified below: a. Woodstork (M¥cteria americana) rookeries, bald eagle (Haliaeetus leucocephalus) nests- 1,500 feet; b. Wading bird roost - 300 feet; c. These buffer distances shall only apply to the identified entity within the natural reservations. 3. These requirements shall be modified on a case by case basis, if such modifications are based upon the review and recommendations from the USFWS and the FFWCC. Any such changes shall be deemed consistent with the Growth Management Plan. C. CONTIGUOUS NATIVE VEGETATION. Existing native vegetation that is located contiguous to the natural reservation shall be preserved as part of the preservation requirements specified in Section 3.9.4. D. WILDLIFE CORRIDORS. Where wildlife corridors exist for listed species, provision shall be made to accommodate the movement of the listed species through the proiect to the natural reservation. The County shall consider the recommendations from the USFWS. 3.9.7. PRESERVE STANDARDS 3.9.7.1 DESIGN STANDARDS A. IDENTIFICATION. Native vegetation that is required to be preserved or mitigated pursuant to 3.9.4 or 3.9.5 shall be set-aside in a Preserve and shall be identified in the following manner: I. The Preserve shall be labeled as "Preserve" on all site plans. 2. If the development is a PUD, the Preserve shall be identified on the PUD Master Plan, if possible. If this is not possible, a minimum of 75% of the preserves shall be set-aside on the PUD Master Plan with the remaining 25% identified at the time of the ne.~ development order submittal. 3. The Preserve shall be identified at the time of the first development order submittal. B. M1NIMUM DIMENSIONS. The minimum width of the preserve shall be: 1. twenty feet, for property less than ten acres. 2. an average of thirty feet in width but not less than twenty feet in width, for property_ equal to ten acres and less than twen _ty acres. 3. an average of fifty_ feet in width but not less than twenty feet for property of twen _ty acres and greater. C. PROTECTION OF WETLAND HYDROPERIODS. Drawdowns or diversion of the ground water table shall not adversely change the hydroperiod of preserved wetlands on or Page 133 of 174 Words stn:ck t~rc, t:gh are deleted, words underlined are added offsite. Detention and control elevations shall be set to protect surrounding wetlands and be consistent with surrounding land and project control elevations and water tables. In order to meet these requirements, projects shall be designed in accordance with Sections 4.2.2.4, 6.11 and 6.12 of SFWMD's Basis of Review, January_ 2001. D. PROTECTIVE COVENANTS. Preserve areas shall be identified as separate tracts or easements, with access to them from a platted right-of-way. No individual residential or commercial lot, parcel lines, or other easements such as utility or access easements, may project into a Preserve. All required easements or tracts for preserves shall be dedicated to the County without placing on the County the responsibili _ty for maintenance or to a property owners' association or similar enti _ty with maintenance responsibilities. The protective covenmts for the tract or easement shall establish the permitted uses for said easement(s) and/or tracts on the final subdivision plat. A nonexclusive easement or tract in favor of the County, without any maintenance obligation, shall be provided for all preserves on the preliminau and final subdivision plats and all final development order site plans. The boundaries of all preserve easements shall be dimensioned on the final subdivision plat. E. CREATED PRESERVES. Created Preserves shall be allowed for parcels that cannot reasonably accommodate both the required on-site preserve area and the proposed activi _ty. 1. Applicability. Criteria for allowing created preserves include: a. Where site elevations or conditions requires placement of fill thereby harming or reducing the survivability of the native vegetation in its existing locations; b. Where the existing vegetation required by this policy is located where proposed site improvements are to be located and such improvements cannot be relocated as to protect the existing native vegetation; c. Where native preservation requirements cannot be accommodated, the landscape plan shall re-create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larger plant materials so as to more quickly re- create the lost mature vegetation. These areas shall be identified as created preserves. d. 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 o£the project. e. When small isolated areas (of less than ~A acre in size) of native vegetation exist on site. In cases where retention of native vegetation results in small isolated areas of 1/2 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 f. When an access point to a project cannot be relocated. To comply with obligato~ health and safety mandates such as road alignments required by the State, preserves may be impacted and created elsewhere on site. 2. Required Planting Criteria: a. Where created preserves are approved, the landscape plan shall re-create a native plant community in all three strata (ground cover, shrubs and trees), utilizing larger plant materials so as to more quickly re-create the lost mature vegetation. Such re-vegetation shall apply the standards of section 2.4.4. of this Code, and include the following minimum sizes: one gallon ground cover; seven (7) gallon shrubs; fourteen (14) foot high trees with a seven foot crown spread and a dbh (diameter at breast height) of three inches. 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. b. Approved created preserves 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. Page 134 of 174 Words stn:'c!', thmug,h are deleted, words underlined are added (2) not more than two acres of the required preserves if the property has equal to or greater than twenty acres and less than eight3, acres of existing native vegetation. (3) not more than 10% of the required preserves if the property has equal to or greater than eigh _ty acres ofexisthg native vegetation. c, The minimum dimensions shall apply as set forth in 3.9.7. I.B. d. 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. F. ALLOWABLE SUPPLEMENTAL PLANTINGS. Supplemental native plantings in all three strata may be added to preserve areas where the removal of nonmative and/or nuisance vegetation creates open areas with little or no native ,,egetation coverage. Plant material in these restoration areas shall meet the following minimum size criteria: one gallon ground covers, three gallon shrubs and six foot high trees. 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. G. PRESERVE MANAGEMENT PLANS. The Preserve Management Plan shall identi _fy actions that must be taken to ensure that the preserved areas will function as proposed. A Preserve Management Plan shall include the following elements: 1. General Maintenance. Preserves shall be maintained in their natural state and must be kept free of refuse and debris. 2. Exotic Vegetation Removal, Non-Native Vegetation, and Nuisance or Invasive Plant Control. Exotic vegetation removal and maintenance plans shall require that Catego _ryl Exotics be removed from all preserves. All exotics within the first 75 feet of the outer edge of eve _fy preserve shall be physically removed, or the tree cut down to grade and the stump treated. Exotics within the interior of the preserve may be approxed 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. Control of exotics shall be implemented on a yearly basis or more frequently when required, and shall describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. Non-native vegetation and nuisance or invasive plants shall be removed from all Preserves. 3. Designation of a Preserve Manager. A Preserve Manager shall be identified as the responsible party to ensure that the Preserve Management Plan is being complied with. The individual's name, address and phone number shall be listed on the Preserve Management Plan. The same information shall be provided regarding the developer. Both parties will be responsible until such time that the homeowners association takes over the management of the preserve. At that time, the homeowners association shall amend the plan to provide the homeowner association information and information regarding the person hired by the association to manage the preserve. The homeowner's association and the preserve manager shall be responsible for annual maintenance of the preserve, in perpetuity. At a minimum, the Preserve Manager shall have the same qualifications as are required for the author of an EIS, as set forth in section 3.8.4. 4. Wildlife Habitat Management. Where habitats must be managed with regards to the species utilizing them, Wildlife Habitat Management strategies may be required to provide for specialized treatment of the preserve. Where protected species are identified, management strategies shall be developed and implemented in accordance with section 3.11.3. Where site conditions require prescribed burns, a fire management plan will be developed and implemented. 5. Protection During Construction and SignaRe After Construction. The Preserve Management Plan shall address protective measures during construction and signage during and after construction that are consistent with section 3.9.8. ALLOWABLE USES WITHIN PRESERVE AREAS. Passive recreational uses such as pervious nature trails or boardwalks are allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. For the purpose of this section, passive recreational uses are those uses that would allow limited access to the preserve in a manner that will not cause any negative impacts to the preserve, such as pervious pathways, benches and educational signs are permitted in the pr{serve. Fences may be utilized outside of the preserves to provide protection in the preserves in accordance with Page 135 of 174 Words s~,:cl: thrc, ugh are deleted, words underlined are added the protected species section 3.11.3.1.C. Fences and walls are not permitted within the preserve area. 3.9.7.2 INSPECTIONS AND MAINTENANCE. A. INSPECTIONS SHALL BE REQUIRED FOR ALL PRESERVES. The preserve areas shall be completed and approved by inspections conducted in accordance with the following schedule: 1. Prior to preliminary_ acceptance of the phase of the required subdivision improvements; 2. Within the associated phase of the final site development plan prior to the issuance of a certificate of occupancy. 3. As required with golf courses, prior to the issuance of a certificate of occupancy for the first permitted structure associated with the golf course facility; 4. Eighty percent vegetative coverage, of the created preserves and supplemental plantings in preserves, is required within a two-year period following the initial planting and shall be maintained in perpetuity. Naive plants that recruit on their own within the preserve will be counted towards this coverage requirement. B. ANNUAL MAINTENANCE. Annual maintenance shall be required according to the Preserve Management Plan 3.9.7.3. REQUIRED SETBACKS TO PRESERVES. A. 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 adiacent 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. B. Additional preserve buffers shall be applied to wetlands pursuant to Section 3.9.5.3.A.6. 3.9.7.4 EXEMPTIONS. A. Single family residences are subiect only to the applicable vegetation retention standards found in 3.9.4. B. Applications for development orders authorizing site improvements, such as an SDP or FSP and, on a case by case basis, a PSP, that are submitted and deemed sufficient prior to June 19, 2003 are not required to comply with the provisions of 3.9.7, formerly 3.9.5.5.6, which were adopted on or after June 19, 2003. Sec. 3.9.~.8. W,g,,,~:~_ remzval, ~-~'~: .... -~ ......... ~:"' o'"~'~"'n~ VEGETATION PROTECTION AND REMOVAL STANDARDS. 3.9.& 8_. 1. Vcgctc~tic. n frc. tcctic, r, VEGETATION PROTECTION STANDARDS. 2.9.5.1. General. A. GENERAL. During construction, all reasonable steps necessary to prevent the destruction or damaging of vegetation shall be taken, includirg the installation of protective barriers. Vegetation destroyed or receiving major damage must be replaced by vegetation of equal environmental value, as specified by the development services department, before occupancy or use unless approval for their removal has been granted under permit. 3.9.2.1.2. Filling and constructic, n debris. B. FILLING AND CONSTRUCTION DEBRIS. During construction, unless otherwise authorized by the vegetation removal permit, no excess soil, additional fill, equipment, liquids, or construction debris, shall be placed within the dripline of any vegetation that is required to be preserved in its present location. 2.9.2.1.3./.tt~,ch,wents. C. ATTACHMENTS. Unless otherwise authorized by the vegetation removal permit, no attachments or wires other than those of a protective or nondamaging nature shall be attached to any vegetation during construction. 34¢~M~. Excw,.v, tic, n D. EXCA VA TION. Unless otherwise authorized by the vegetation removal permit, no soil is to be removed from within the dripline of any vegetation that is to remain in its original location. Page 136 of 174 Words struck tkrzugh are deleted, words underlined are added 3.9.8.1.5. Prctccti':c Barrier a:zd Sig.~agc. E. PROTECTIVE BARRIER AND SIGNAGE. 1. Installation of protective barriers and signage. All protective barriers shall be installed and maintained for the period of time beginning with the commencement of any phase of land clearing or building operations and ending with the completion of that phase of the construction work on the site, unless otherwise approved to be removed by the development services director's field representative. All protective barriers shall be installed pursuant to the Tree Protection Manual for Builders and Developers, division of forestry, State of Florida or other methods approved by the development services director. Signage shall be placed around the preserve areas to identify_ and protect the preserve during construction. The boundary of the Preserve shall be posted with appropriate signage denoting the area as a Preserve. Sign(s) should note that the posted area is a protected area. 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. Maximum sign spacingshall be 300 feet. 2. Applicant's representative required. The applicant for a vegetation removal permit shall, at the time of application, designate representative(s): -l-)a__:Who shall be responsible for the installation and the maintenance of all tree protection barriers. 2-)b_:.Who shall be responsible for supervising the removal of all existing vegetation permitted to be removed or altered. ;kc_.Protection of all areas of vegetation. Areas to be preserved shall be protected during land alteration and conslruction activities by placing a continuous barrier around the perimeter of the area of vegetation to be preserved. This barrier shall be highly visible and constructed of wood stakes set a maximum often feet apart, at a height range of two to four feet, all covered continuously with brightly colored, all- weather mesh material or equal type barrier method. An equivalent method may be substituted with the approval of the development services director. &d_.Protection of individual trees. When the retention of single trees is required by this Code, a protective barrier, similar to that required in [section] 3.9.5.1.5.3, shall be placed around the tree at a distance from the trunk of six feet or beyond the dripline, whichever is greater, or as otherwise approved by the development services director's field representative. 3.9.& 8._:.2. Critcria fc, r Rcmc,;'al cf Protected !~gcw.'da~,. CRITERIA FOR REMOVAL AND/OR REPLACEMENTOF PROTECTED VEGETATION. A. STANDARDS. The development services director may approve an application for vegetation removal permit based an tke fa!lowing criteria: if it is determined that reasonable efforts have been undertaken in the layout and design of the proposed development to preserve existing vegetation and to otherwise enhance the aesthetic appearance of the development by the incorporation of existing vegetation in the design process. Relocation or replacement of vegetation may be required as a condition to the issuance of an approval in accordance with the criteria set forth in this division. In addition, a vegetation removal permit may be issued under the following conditions: 3.9.5.2.1. Protected vegetation is a safety hazard to pedestrian or vehicular traffic, public services, utilities, or to an existing structure. 2.9.5.2.2. Diseased or otherwise unhealthy vegetation as determined by standard horticultural practices and if required, a site inspection by the development services director's field representative. 3.9.5.2.3. A final local development order has been issued which re~ires removal of the protected vegetation. 3.9.5.2A. Compliance with other codes and/or ordinances may involve protected vegetation removal. = o < ~ < q-u ......... ~ +- ..... ~;,~,~, involving g activ ""~"+~"~" in +k~, ...... * ~"~ design ~,+k~ p,~p~o~a a .... '~p~"* to preserve · ~, ............ ~ required ...... a;,;~. ,~ ,~; ......... ~ ~. Page 137 of 174 Words struck through are deleted, words underlined are added 2.9.5.2.6. 5. t> ....... ,~ ........ ~ ......... ,4 r ......... t; ........ "" Replacement of nonnative vegetation shall be with ' ' native vegetanon ....... t..ara~., caliper ~,,4 area and shall be subject to the approval of the development services director or hisser designee.~ *~ ....... *~* ....... ~ caliper ~;~,~ ~, ~ .... · ~;g~ rn~ vegetafi~n k not on a l: l bag~g, using the m~n~mum mitigation size ~r~ter~a Hsted under section 2 3.7.) Replacement vegetation shall comply with the standards of Section 2.4.4 and shall include the following minimum sizes: one gallon ground cover~ seven (7) gallon shmbs~ fou~een (14) foot high trees with seven foot crown spread and dbh (diameter at breast height) of three inches. Replacement native vegetation shall be planted within 14 calendar days of removal. 3.9.5.2.7.6. On a parcel of land zoned residential single-family (RSF), village residential (VR), estates (E) or other nonagricultural, noncommercial zoning district in which single- family lots have been subdivided for single-family use only, a vegetation removal permit may be issued for any permitted accessory use to that zoning. 3.9.5.2.8.7~ The proposed mangrove alteration has a Florida department of environmmtal protection permit or meets the permitting standards in Florida Administrative Code 17- 321.030, 17~321.050, 17-321.100, 17-321.801, 17-321.802, or 17-321.803 as may be amended. However, mangrove removal or trimming shall be prohibited in all preservesor areas used to fulfill the native vegetation preservation requirements. 3.9.5.2.9. 8_. Removal of vegetation for approved mitigation bank sites (as defined by the Florida Administrative Code); state or federally endorsed environmental preservation, enhancement or restoration projects; or State of Florida, division of forestry approved fire breaks shall be permitted. Vegetation removal permits issued under these criteria are valid for the period of the time authorized by such agency permits. B. VEGETATION RELOCATION PLAN. If vegetation relocation is proposed by the applicant prior to site development plan, construction plan or other final approvals, a ~,egetation relocation permit (vegetation removal permit) may be issued by the planning services directrr provided that it can be demonstrated that early transplantation will enhance the survival of the relocated vegetation. The vegetation relocation plan shall document methods of relocation, timing of relocation, watering provisions, maintenance and other hformation as required by the planning services director. C. LANDSCAPE PLANT REMOVAL OR REPLACEMENT. The removal or replacement of approved landscaping shall be done in accordance with the regulations that guide the landscape plans reviews and approvals in Division 2.4. A vegetation removal permit will not be issued for the removal or replacement of landscape plants. That approval must be obtained through an amendment process to the landscape plan or as otherwise authorized by permit by the Collier Court _ty Landscape Architect. 3.9.5.3.8.3. MANAGEMENT PLAN AND INSPECTIONS. ;,lanagcment F!an required. MANAGEMENT PLAN REQUIRED. For all individual areas of mangrove trees and areas of preserved plant communities larger than onohalf acre in area, the owner shall submit, for the approval of the development services director, a narrative management plan indicating the manner in which the owner will preserve the native plant communities. The narrative shall include: 3.9.5.3.L Whether or not the existing vegetation is to be preserved in the existing species composition. 3.9.5.3.2. If applicable, the manner in which the composition of existing plant material is to be preserved (hand removal of invasive species, prescribed burning, etc.). 3.9.5.3.3.The maintenance schedule for the removal of invasive species. .9.5.3.4. The maintenance schedule for the removal of debris. 3.9.8.3.5.Other information that may be required by the de;'e!zpment planning services director that is reasonable and necessary to determine if the management plan meets the requirements of this Code. 3.9.5A. 'q~v,, o,,,~;'- .,,0~,,~,,.; ....... ;~" B. ON-SITE INSPECTION. The de;'e?,pment planning services director's field representative may conduct an on-site inspection to determine if the proposed Page 138 of 174 Words ....... t~m. ugh are deleted, words underlined are added vegetation removal meets the criteria in section 3.9.5.2 and conforms to the preservation standards set forth in section 3.9.8.5 below. 2.9.5.5. Preservation standards. l~ ......., .................... ~t~t, vn areas. ......................... ~ ........ percentage,,.o'-~o ~-~,, ..... ,,,~,* pursuant to ~, ................... acres !n ,ha coastal ....... u ~ .......management an ~a ~n ,h ....... e ....... ' ~'~v .... requirements · ~ n., ....,~ ..... , ...., ~r,u ...... percent of the ..;~k,~ ~+ .... ,,y n.~+:~_; .... +;"~ vegetation_ ~ ~fa in.l.~;.~ kn+k +h .... ~.~+~p., ~ the ~round cover emphasizing the '~-g~* ~+: ....... area possible, um ..... ,~,~ · :~..+:z~ ~.~ vegetation requirement (see o~.,;~ several preservu ..... ,~ ~c ~,, of them, if possible. ~ ..... r landscaping ~ open space ,.,~;~u .... , .... ~ with ..~.~ ~*:"~. ~ specie: o..~.oh~" ~....~.~:~'"a~ fn ,h~..~ ~'< v~. ~..~* requirement considering canopy understoU, and e ............ prov:d:ng ,h~+ b .... u areas ~c ~.~a;,, g ..... ~ .... ,;,,,+~ +uo~ 20 ...... · ~*;"~ vegetation ~';~,, Tk;~~ ~' ~k~, ~, k~ ;~.~.~a ,~ ~, .... deve!ocment in ..................................................- v ........................ v, ~v .... actk'../ . ..... ;~, ..... !3 pply ........................ vegetation,o.~..c"-h ~,~ .~ g~*~*;~-~....~,, o,....~"~'~ a m~Bimum gizus .......... ~. .............................. or .........o~"~ developments ,,- ~-.,,.., .u~..,~ ,[..~oU~,4o.,., ~,,~,~ ~.~* fo~h .................. ~ ............................................................. be required .... ~w .... ~, .................. ~ .................. ground ............. ~ .......... alit al! cf them, if~c=ib!e. However, this ~c!icy ~ ......................................................................... requirements, ~h~,, ~ ..... +~ r ....... , .... ~;~h ..... + bl3 ........ a~+~ ~,~ ,~ .......... *;~- area and ........ ~ .......... v ...................... re=ohS ........................ v ............ · ~ .............. re .~ .............. apply. Page 139 of 174 Words sir'ack through are deleted, words underlined are added .... e .... , .... ; ~ ...................................... ~ ............ requirement; an agr~ou!tura ............................................................... ~ ....... public h .......... of thi,'%' feet in ..,;4+u ~. ...... , .... u~. t';.'en.~' ¢~* ;- width, for prope,'?/equal to ten acre: and !ess than ,+':,'en,~' acres. 2 r~.~,~.~ D ........ um~.~ created preserves -~ approved, +k~ landscape plan .k.,I re .......... ; .... '~-' {t-_, : .............. t-' ..... commun fo~h ................ covers ......................... plant ccmmunip/and shal! net bc maintained = landscaping. M~nlmum sizes fcr plant material ................................ · ~ ..... ~ ........ ' ..............twenty acres of existing native vegetation. · ~ ............................................ _ _ as preserves .... ~.a shah comply with all +~..1 ......... · ........................ ~.~,,0t,. ~'1 .... men, preserves are planted with al! three strata; using the criteria set fo~h inCrcatcd ........ wu: ...... ,; ...... h~ -~rante4,"~"~'~ .... c..~;~c,.~r~a t~r^:ec*. ...................... z ......... vegetation ~;-* ^-- vegetation ..... I,o in .... ,, .............................................................. areas of Page 140 of 174 Words struck through are deleted, words underlined are added ....................... ; preserve. Accosso,~, structures and al! other site alterations ......................................................... ; ..... ; preserve. Tk~.~ ~ha!! ~e no ................ ~ ....... , .............................................. negative ' ~mpact that ..................... ~, ............ stump ............. a .............................. dete,.'-mined that physica! removal might cause more damage to the native vegetation in th,,: .......... , .................................................................. eno], ......... a )'ear!>' ~'-~;~ ~* a ~;-; .......... frequently ",~--- required *^ ~,-,~,;,,o,> ....... ' exotics, ~.-{ ~1-,oll ,-4~o~;1,.,~ ~o~;+";,~ +o~{-,.;~,,o~ +~ ~.,~.+ ~o;..,~o;~ i-,w ~kl{-.l+~d ~v~{-;~ .,~o+~+;~. ~4~ ,; ~' .... ,.' .... ^--,;~.+;^.. c...~ .... , ..... + ~"'"~"~ authorizing ~;+- ...... a ......... a PSP, +k~, ...... k_;,~ ~,~ ~ .... a sufficient prior ............. . .............. regulations ~ .... a ~. ~ .... '~ 2903. 3.9.9. REQUIREMENT FOR REMOVAL OF PROHIBITED EXOTIC VEGETATION 3.9.9.1. GENERAL A. Prohibited exotic vegetation removal and methods of removal shall be conducted in accordance with the specific provisions of each local development order. B. Native vegetation shall be protected during the process of removing prohibited exotic vegetation, in accord with the provisions of Section 3.9.8.1. C. Prohibited exotic vegetation shall be removed from the following locations, and within the following timeframes: 1. From all rights-of-way, common area tracts not proposed for development, and easements prior to preliminary acceptance of each phase of the requirement subdivision improvements. 2. From each phase cfa site development plan prior to the issuance of the certificate of occupancy for that phase. 3. From all golf course fairways, roughs, and adjacent open space/natural preserve areas prior to the issuance of a certificate of occupancy for the first permitted structure associated with the golf course facili _ty. 4. From property proposing any enlargement of existing interior floor space, paved parking area, or substantial site improvement prior to the issuance of a certificate of occupancy. D. In the case of the discontinuance of use or occupation of land or water or structure for a period of 90 consecutive days or more, property owners shall, prior to subsequent use of such land or water or structure, conform to the regulations specified by this section. Page 141 of 174 Words o~,,~, .k ..... k ............. ~,.. are deleted, words underlined are added E. Verification of prohibited exotic vegetation removal shall be performed by the development services director's field representative. F. Herbicides utilized in the removal of prohibited exotic vegetation shall have been approved by the U.S. Environmental Protection Agency. When prohibited exotic vegetation is removed, but the base oflhe vegetation remains, the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. 3.9.9.2. EXOTIC VEGETATION MAINTENANCE PLAN. A maintenance plan shall be submitted to the development services director for review on sites which require prohibited exotic vegetation removal prior to the issuance of the local development order. This maintenance plan shall describe specific techniques to prevent reinvasion by prohibited exotic vegetationofthe site in perpetui _ty. This maintenance plan shall be implemented on a yearly basis at a minimum. Issuance of the local development order shall be contingent upon approval of the maintenance plan. Noncompliance with this plan shall constitute violatim of this division. The development services director's field representative shall inspect sites periodically after issuance of the certificate of occupancy, or other final acceptance, for compliance with this Division. 3.9.9.3. APPLICABILITY TO NEW STRUCTURES AND TO ADDITIONS ON SINGLE- FAMILY AND TWO-FAMILY LOTS. In addition to the other requirements o£this Division, the applicant shall be required to remove all prohibited exotic vegetation before a certificate of occupancy is granted on any new principal or accessory structure and any additions to the square footage of the principal or accesso _fy structures on single-family or two-family lots. The removal of prohibited exotic vegetation shall be required in perpetuity. Upon issuance of a vegetation remtval permit, prohibited exotic vegetation may be removed from lots which are zoned residential singlo. family (RSF), estates (E), village residential (VR), and mobile home (MH), prior to issuance of a building permit. 3.9.10. REQUIRED PERMITS AND NOTICES 3.9.10.1. VEGETATION REMOVAL PERMIT A. OTHER PERMITS REQUIRED. No vegetation removal permit or final development order authorizing site clearing or site improvements shall be issued by the planning services director until all applicable federal and state, and Coun _ty approvals as designated by the planning services director have been obtained. These approvals may include, but are not limited to: 1. Building permits. (Except in accordance with section 3.2.8.3.6. of this Code.) 2. Special treatment (ST) development permits. 3. U.S. Army Corps of Engineers permits or exemptions. 4. Florida Department of Environmental Protection permits or exemptions. 5. U.S. Fish and Wildlife Service permits or exemptions. 6. Florida Fish and Wildlife Conservation Commission permits or exemptions. 7. South Florida Water Management District permits or exemptions. 8. Other applicable agency reviews or permits or exemptions. 9. Other county approvals. B. APPLICATION CONTENTS. Application for a vegetation removal permit shall be submitted to the planning services director in writing on a form provided by the planning services department. The application shall include the following information: 1. A generalized vegetation inventory which includes: a. Generalized vegetation inventory superimposed on a current aerial A generalized vegetation invento _ry shall show the approximate location and extent of vegetation on the site. The inventory shall be based upon the most current available information. The inventory shall be in the form of an aerial or a field survey, and may be accompanied by photographs or videotapes illustrating typical areas of vegetation referenced to positions on the aerial or survey, but shall clearly indicate habitat ~pes and protected vegetation, and may be accompanied by photographs or videotapes illustrating typical areas of vegetation referenced to positions on the aerial or survey. The generalized vegetation inventory shall be prepared in some manner which clearly Page 142 of 174 Words st."ack threugh are deleted, words underlined are added illustrates the relationships between the areas of vegetation and the proposed site improvements. b. Generalized written assessment and evaluation. The generalized vegetation invento _ry shall be accompanied by a brief written assessment of the plant communities which have been identified on lhe site. The assessment shall include an evaluation of character and quality of the plant communities identified, including their rarity, viability, and such other physical characteristics and factors that may affect their preservation. The inventory_ assessment and evaluation shall be prepared by a person knowledgeable in the identification and evaluation of vegetative resources, such as a forester, biologist, ecologist, horticulturist, landscape architect, or certified nurseryman. c. Reasonable additional information. The development services director may require that the application include such additional information which is reasonable and necessary for adequate administration of this Division. 2. A site plan which includes: a. Property_ dimensions. b. Location of existing infrastructure and alterations. c. Location of proposed structures, infrastructure and alterations. d. The location and species of all protected vegetation. Large stands of a single species, such as cypress heads, may be indicated as a group with an approximate number or area. e. Designation of all protected vegetation proposed for removal. f. Location and details of protective barricading of the vegetation to be retained. g. Description of any proposed alteration of mangroves. h. Description of any proposed maintenance trimming of mangroves. 3. An executed statement which includes: a. Name, address, and phone ofproperty~ owner. b. Name, address, and phone of authorized agent and on-site representative. c. Proof of ownership. d. Legal description. e. Reason for proposed removal. f. Method to distinguish vegetation to be removed from vegetation to be preserved and method of removal. It should be noted that the root system of the vegetation shall also be protected. g. Signature of property owner or copy of a specific contract signed by property owner. 2.9.5. Re;'iew procedures. C. REVIEW PROCEDURES. 3.9.5.1. Issuance ofpermir Based on the information contained in the application and obtained from the on-site inspection, the development services director, and for mangrove ........... ~ .................... resources director may approve or deny an application. An approved vegetation removal permit is valid for a period not to exceed ]80 daysexcept for mangrove alteration. Mangrove alteration permits shall be valid for a period of five years from date of issuance, or date of issuance by the Floridad__Department of~Environmenta] p_Protection. An extension requested prior to expiration of the original permit may be granted for good cause shown upon written application to the development services director~,.~-~ for mangrove ........... ~ ..................: ....... ~, ............ ~, .... development services director and for mangrove~,,~,~,,v,,~-~*; ..... v~,,,,,,~;f° ,~..,,. ...... ~.,,,2" manager or h;o,,,~ ~o,~,,~; .... may attach conditions to the permit relative to the methods of designating and protecting vegetation not proposed for removal. A violation of these conditions shall constitute cause to void the vegetation removal permit. Page 143 of 174 Words struck through are deleted, words underlined are added 2.9.6.2. Denial ofpermit. In the event an application is denied by the development services director, the reason(s) shall be noted on the application and returned promptly. 2.9.6.3. Permit fees. All vegetation removal and agricultural clearing permit applications requiring review and approval shall be charged a review.vv ted .... ~...~! ....... oP'~v"'~"*'.~;tq'~°lh' exempted ........................................................................... j ~ c-an~e~ as established by resolution of the bBoard ofe~ounty ¢Commissioners. VEGETATION REMOVAL PERMIT EXCEPTIONS after a ;'eaetation removal [1\ /ltT~ {1 1\ 3.9.6.4.2.1. Except for lots on undeveloped coastal barrier islands, and any project proposing to alter mangrove trees, a vegetation removal permit for clearing one acre or less of land is not required for the removal of protected vegetation, other than a specimen tree on a parcel of land zoned residential, single-family (RSF), village residential (VR), agriculture (A) or estates (E), or other nonagricultural, non-sending lands, non-NRPA, noncommercial zoning districts in which singlofamily lots have been subdivided for single-family use only, where the following conditions have leen met: a_. A building permit has been issued for the permitted principal structure (the building permit serves as the clearing permit), or (:2-) b_: The permitted principal structure has been constructed, and the property owner or authorized agent is conducting the removal, .and the total area that will be cleared on site does not exceed one acre. ~ .... ~ ..... · ..... ;~.o A:.~,.. prior *~ ,u ........ , .c ....p'~*~*~ vegetation pursuant to 3.9.6.4A. 2_. A vegetation removal permit is not required for the removal of protected vegetation other than a specimen tree, when a site plan and vegetation protection plans have been reviewed and approved by the development services director as part of the final development order. 3.9.6.4.5. 3_=. A vegetation removal permit is not required for the removal of protected vegetation ,e,.er ,h~, a spec:men tree from the property of a Florida licensed tree farm/nursery, where such vegetation is intended for sale in the ordinary course of the licensee's business and was planted for the described purpose. Page 144 of 174 Words struck through are deleted, words underlined are added ~_:. A vegetation removal permit is not required for the removal of protected vegetation other than a specimen tree by a Florida licensed land surveyor in the performance of his/her duties, provided such removal is for individual trees within a swatch swath that is less than three feet in width. ........................... / ~ ......... ~ ................... / e, ........... pro;'l$:on5 of .... ~ .......~ .................. / ......... ~ ................... / other person in control cf affected .... ; ....... ;, ~ ..... ; ........ ;,~ ,k~ ;.+~.+ ~r+k;~ ~;..;~; .... 4 ,k~ th .......... plan. ...................................................................... grow . ...... ~ ........ ~ 5_:. A vegetation removal permit is not required for the removal of protected vegetation prior to building permit issuance if the conditions set forth in section 3.2.8.3.6 have been met. 6. A vegetation removal permit is not required for the hand removal of Prohibited Exotic Vegetation. Mechanical clearing of Prohibited Exotic Vegetation shall require a vegetation removal permit. Mechanical clearing is defined as clearing that would impact or disturb the soil or sub-soil layers or disturb the root systems of plants below the ground. 3.9.6.5.10.2 Agricultural !and clearing. AGRICULTURAL LAND CLEARING. A. LAND CLEARiNG PERMIT. A permit for clearing of agriculturally zoned land for bona ,qde agricultural uses that do not tall within the scope of sections 163.3162(4) or 823.14(6), Florida Statues,,~ ,~...,~.4~n-~4 ~,,,~: ,,;o,,,,~ ~,~4~ shall be required for all agricultural operations except as exempted by section 2.9.~.5.~ of this Code 6 below. 2.9.5.5.1 .Application. An application for an agricultural clearing permit shall be submitted in the form established by the de:'e!epment planning services director. Silviculture operations, as defined by this Code, shall require a management plan prepared by a forester or a resource manager (e.g. division of forestry, privae or industrial) as part of the application. An application fee in an amount to be determined by the board of county commissioners shall accompany and be a part of the application. The following conditions, as applicable, shall be addressed as part of and attachments to the agricultural land clearing application: (1) a_.If an ST or ACSC-ST overlay is attached to the zoning of the property, an ST development permit has been issued by tho .4 .... I ...... .......... v ....... planning services director. The ST or ACSC-ST permit review shall be in accordance with Collier County Land Development Code Division 2.2, section 2.2.24 and may be simultaneously reviewed with the agricultural clearing permit application. (2-) b_. The application, including generalized vegetation inventory and dearing plan as outlined in sectiom 3.9.4,.2.1, 2.9.4..2.2 an",, ~.9.4.2.~, 3.9.10.1 .B.I and site visit (if required) confirm that the proposed use is consistent with the requirement of the zoning district as a bona fide agricultural use and the applicant has been informed of the rezoning restriction which granting the permit shall place on his property. (-3-) c_:. The applicant has obtained and produced a copy of the South Florida Water Management District (SFWMD) consumptive water use permit or exemption, if required by SFWMD. (4-) d_.The applicant has obtained and produced a copy of the South Florida Water Management District surface water management permit or exemption, if required by SFWMD. (-5-) e_:. The applicant has obtained and produced a copy of the United States Army Corps of Engineers (ACOE) permit or exemption, if required by the ACOE. (-6-) f. The applicant has submitted data relating to wetland impacts and protected wildlife species habitat subject to Collier County growth management plan, conservation and coastal management element policies 6.2.9, 6.2.10 and objective 7.3 and associated policies and Collier County Land Development Code division 3.11. This data will be required only when the county's or, site inspection indicates that there are potential or actual impacts to wetlands and to protected federally and state listed wildlife habitat. Page 145 of 174 Words stsc:ok through are deleted, words underlined are added (--7-) ~ The property owner, or authorized agent, has filed an executed agreement with the deve!cpment planning services director, stating that within two years fromthe date on which the agricultural clearing permit is approved by the development services director, the owner/agent will put the property into a bona fide agricultural use and pursue such activity in a manner conducive to the successful harvesting of itsexpected crops or products. The owner/agent may elect to allow the subject property to lie fallow after completing the bona fide agricultural use, for the remainder of the tet~year period required by section 3.9.5.5(~) h below. If the clearing is expected to occur over a period greater than two years, this will be stated on the application and may be addressed as a condition on the agricultural clearing permit if determined by staff to be appropriate. h~ The property owner, or authorized agent, has filed an executed agreement with the development planning services director stating that the owner/agent is aware that the Collier County bBoard ofeCounty eCommissioners will not rezone the property described in the agricultural clearing permit for a period often years from the date of approval of the agricultural clearing permit by the deve!o?ment planning services director, unless for any such conversions in less than ten years, the converted land shall be restored with native vegetation to the degree required by this Code. .9.11.2. Determination of completeness. a_. After receipt of an application for an agricultural clearing permit, the development planning services director or his designee shall determine whether the application submitted is complete. All applicable conditions specified in section 3.9.6-3.1 above must be addressed in order to obtain a determination of completeness. If the application is not complete, the development services director or his designee shall notify the applicant in writing of the deficiencies. No further steps to process the application shall be taken until all of the deficiencies in the application have been met. In addition, A determination of completeness or a modified determination of completeness may be made in accordance with the following: b_. Where the applicant submit% as part of the application for an agricultural clearing permik a copy of the completed application for a SFWMD consumptive use permit or exemption, for a SFWMD surface water management permit orexemption, or fo~ an ACOE permit or exemption, as applicable, a modified determination of completeness may be issued providing that said permits or exemptions are not necessary for further ~County review and providing that all other deficiencies in the application have been addressed. 2.9.6.5.3. Criteria for review of application. Review of the application for an agricultural clearing permit shall commence upon issuance of the determination of completeness or modified determination ofcompletenessan~ o~,~n ~,~ comp]cte~ ,,,~*~':- -m k,,o~ .... ~ .... r_~... .... ....~ .... ~...~....'; .... The following criteria shall be utilized by staff in reviewing an application for issuance of an agricultural clearing pe~it: -2-:.a_. An on-site inspection has been made by staff, if indicated. &b_. Environmental impacts, including wetlands and protected wildlife species habitat(s) shall have been addressed in accordance with the requirements of the Collier County growth management plan and the Land Development Code, as may be amended from time to time. c_. Additional data and or information required by theeCounty to address environmental impacts shall be submitted bythe applicant upon wri~en request b;,' Such ....... t~ .................. ~ t" ...................... ~,,~,, ~ .,,~ l-,l~ ........... ~,,.,~,,~d +u ........ in writing c .......... ;^. ^r,;~ 2.9.5.5/1. Issuance of permit. After an application for an agricultural clearing permit has been reviewed in accordance with section 2.9.6.5.3 above, the development planning Page 146 of 174 Words stv..'ck through are deleted, words underlined are added services director or his designee shall grant the permit, grant with conditions or deny the permit, in writing:. ,.,;'~; .... ~',.~; .... a ....cf receiving a .... ~a application r -~, ..................~, t, ........ p ~ .... agricultural ...... :~.~ v .... ~ cmma~ ~. a ~ ~ere the agricultural clearing pe~it is denied, the leaer shall state the reason(s) for said denial. 3.9.fi.5.5. Renewal of agricultural clearing permit. An approved agricultural clearing permit is valid for five years and may be automatically renewed for fivoyear periods providing that a notification in writing is forwarded to the ...... proem planning services director at least 30 but no more than 180 days prior to the expiration of the existing permit and providing that the property has been actively engaged in a bona fide agricultural activity in ..... a ....... ;+~ +~, ...... ; ..... +~ ~c o~,1^, ~ o ~ co 1 ~r+hlr r~a~ Such notification shall state that the applicant is in compliance with any and all conditions and/or stipulations of the permit. A violation of permit conditions shall [be] cause to void the agricultural clearing permit. Applicants failing to provide notification as specified herein shall be required to submit a newapplication for an agricultural clearing permit. 3.9.fi.5.6. Exemptions for agricultural clearing permit. &a. An agricultural clearing permit is not required for operations having obtained a permit under Ordinance No. 76-42 and which can demonstrate that an approved bona fide agricultural activity was in existence within two years of the permit issuance date, or for operations which can demonstrate that a bona fide agricultural activity was in existence before the effective date of Ordinance No. 76-42. Such demonstrations for exemptions may include agricultural classification records from the property appraiser's office; dated aerial photographs; occupational license for agricultural operation; or other information which positively establishes the commemement date and the particular location of the agricultural operation. ~.b~ Upon issuance of an agricultural clearing [permit] or as exempted above, activities necessary for the ongoing bona fide agricultural use and maintenance shall be exempted from obtaining additional agricultural clearing permits for that parcel providing that the intent, use and scope of said activities remain in accordance with the ongoing agricultural clearing permit or exemption. Ongoing bona fide agricultural activities that qualify for this exemption as described in this section may include but are not limited to clearing for, around or in dikes, ditches, canals, reservoirs, swales, pump stations, or pens; removal of new growth, such as shrubs or trees, from areas previously permitted or exempted from this section; fire line maintenance; approved wildlife food plots; or other activities similar in nature to the foregoing. Fences, buildings and structures requiring a building permit shall be exempt from an agricultural clearing permit but must obtain a vegetation removal permit. c_. No agricultural clearing permit shall be required for protected vegetation that is dead, dying or damaged beyond saving due to natural causes also known as acts of God providing provided that: a:.(l) The development services director is notified in writing within two business days prior to such removal and the county makes no objection within said two business days; The tree is not a specimen tree; ~.(3) The vegetation is not within an area requked to be preserved as a result of a required preservation, mitigation or restoration program; d:.(4) The parcel is currently engaged in bona fide agriculture, as defined by this Code. ~.(5) No agricultural clearing permit shall be required for the remoml of any vegetation planted by a farmer or rancher which was not planted as a result ora zoning regulation or a required mitigation or restoration program. B. LAND CLEARING NOTICE. No later than 60 days prior vegetation removal as part of agricultural operations that fall within the scope of sections 163.3162(4) or 823.14(6), Florida Statutes, the property owner shall provide notice to the environmental services director that the removal will occur. Said notice shall include the following information: 1. a legal description of the land cleared, or such other description as is sufficient to document the specific location of the cleared land; 2. the date on which land clearinK will begin; Page 147 of 174 Words struck thrzugh are deleted, words underlined are added 3. the date on which land clearing is expected to be completed; 4. a vegetation inventory identifying the acreage of existing native vegetation on site prior to any site clearing; and 5. a signed agreement acknowledging the 25-year prohibition on the creation of TDR Credits from land cleared for agricultural operations after June 19, 2002, as set forth in Section 2.6.39.3.D.2; and 6. if the land is outside the RLSA, a signed agreement acknowledging that, if the land being cleared for agricultural operations is converted to a non-agricultural uses within 25 years after the clearing occurs, the property shall become subject to the requirements of Sections 3.9.4 through 3.9.6, as provided in Section 3.9.3. I.C. {1 \ improvements; issuance cfa certificate cf occupancy. From al! golf course fair;rays .... t, .......... ~ .......~- .... v ............ preserve F ....... e, .... , or .................... p .... merit; h n t section. vegetation require ~-~;~;+~ .... : ........'; ......... ' prier ta ,n~ issuance ofthelocal n.~ Th~o mo;.+ ....... ion ou~,, a ....;k ..... :n. ,~.u..: .....*~ prevent reinvasion , ................................. ~ ............... renu.re_n i H to ............ ~ ......... ~ ....... : ,~, pr:nc:pal ~- accesso~, ~+-,~* ..... and ~;n~+~ ~c ........... is granted. Th ........ , .C~..u;k;+~4 ~_+;~ vegetation ~k.lm ~ required Page 148 of 174 Words str'ack through are deleted, words underlined are added 3.9.11. ENFORCEMENT 3.9.6811.1. Penalty. PENALTIES. A. FINES. I The failure of a property owner or any other person to obtain an approved.~, .......... ~.~..~--;-.,.~- permit as required in s~sot4ot~9,(~ this Division shall constitute a misdemeanor and each protected living, woody plant, constituting protective vegetation, removed in violation of this Code shall constitute a separate and distinct offense and upon conviction shall be punished by a fine not to exceed $500.00 per violation or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. In addition to or in lieu of the penalties provided by general law for violation of ordinances, the board of court _ty commissioners may bring injunctive action to enjoin the removal of vegetation in violation of this Code. 2. The failure of a property owner or any other person, who obtains an agricultural clearing permit or provides notice of agricultural clearing pursuant to Section 3.9.10.2,to put the subject premises into a bona fide agricultural use as required in section 2.9.6.5.1 (7) shall constitute a misdemeanor for which the agricu!tura! clearing permit ':,'as appreved by · ha,..~ ~,v.vv-.~..,a .... , ........... o~., ;~0.~0 ~.. v~,~,a;'~*~ and each protected living, woody plant, constituting protective vegetation, removed in violation of this Code shall constitute a separate and distinct offense and upon conviction shall be punished by a fine not to exceed $500.00 per violation or by imprisonment in the county jail not to exceed 60 days, or by bothsuch fine and imprisonment. In addition to or in lieu of the penalties provided by general law for violation of ordinances, the board of county commissioners may bring injunctive action to enjoin the removal of vegetation in violation of this Code. issued bring [rdunctive action to 4. Restoration standards. B. RESTORATION STANDARDS. If an alleged violation of this Code has occurred and upon agreement between the development services director and the violator, or if they cannot agree, then, upon conviction by the court or he code enforcement board, in addition to any fine imposed, a restoration plan shall be ordered in accordance with the following standards: /A'~I The restoration plan shall include the following minimum planting standards: a_.ln the successful replacement of trees illegally removed, replacement trees shall be of sufficient size and quantity to replace the dbh inches removed. Dbh is defined for the purposes of this ordinance as diameter of the tree, measured at a height of 4.5 feet above natural grade. (z2--) b_.Each replacement tree shall be Florida grade No. 1 or better as graded by the Florida department of agriculture and consumer service. (-3-) c_.All replacement trees shall be nursery grown, containerized and be a minimum of 14 feet in height with a sexen foot crown spread and have a minimum dbh of three inches. (4-) d. Replacement trees shall have a guarantee of 80 percent survivability for a period of no less than three years. A maintenance provision of no less than three years must be provided in the restoration plan to control invasion of exotic vegetation (those species defined as exotic vegetation by the Collier County Land Development Code). (-5) e_.It shall be at the discretion of the development services director to allow for any deviation from the above specified ratio. Page 149 of 174 Words struck thrcugh are deleted, words underlined are added (-g)2. In the event that identification of the species of trees is impossible for any reason on the property where protected trees were unlawfully removed, it shall be presumed that the removed trees were of a similar species mix as those found on adjacent properties. (G-)3. The understory vegetation shall be restored to the area from which protected trees were unlawfully removed. The selection of plants shall be based on the characteristics of the Florida Land Use, Covers and Form Classifications System (FLUCCS) code. Shrubs, ground cover, and grasses shall be restored as delineated in the FLUCCS code. The species utilized shall be with relative proportions characteristic of those in the FLUCCS code. The exact number and type of species required may also be based upon the existing indigenous vegetation on the adjacent property at the discretion of the development services director. ~rr~4. If the unlawful removal of trees has caused any change in hydrology, ground elevations or surface water flows, then the hydrology, ground elevation or surface water flows shall be restored to pre-violation conditions. (-~5. In the event of impending development on property where protected trees were unlawfully removed, the restoration plan shall indicate the location of the replacement stock consistent with any approved plans for subsequent development. For the purposes of this ordinance, impending development shall mean that a developer has made application for a development order or has applied for a building permit. (-F-)6. The development services director may, at his discretion, allow the replacement stock to be planted off-site where impending development displaces areas to be restored. In such situations, off-site plantings shall be on lands under the control ora public land and/or agency. The off-site location shall be subject to the approval of the development services director. (4707. The donation of land and/or of funds under the control of a public agency may be made if none of the above are viable alternatives. This donation of land and/or funds shall be equal to or greater than the total sum it would cost to restore the area in which the violation occurred. (Preservation of different contiguous habitats is to be encouraged.) 3.9.5.9.11.2. Ca=ective measures for environments! vi,~!atiens. CORRECTIVE MEASURES FOR ENVIRONMENTAL VIOLATIONS. A. MITIGATION 1. The person(s) responsible for violations of the environmental sections of the Land Development Code shall be notified according to section 1.9.5 and shall have 30 days to prepare a mitigation plan that is acceptable to the county to resolve the violation. The mitigation plan shall be submitted to development services staff for review and comment. Once the plan is accepted by development services, the responsible party shall have 15 days to complete the mitigation unless other arrangements are specified and agreed upon in the mitigation plan. 2. Mitigation shall restore the area disturbed unless the responsible party demonstrates that off-site mitigation will successfully offset the impacts being mitigated for. Offsite mitigation shall be on lands under the control of a public agency, or identified for public acquisition, or on lands protected from future development. Ratios for oft~site mitigation shall be as follows: two to one for uplands and three to one for wetlands. 3. The selection of plants to be used shall be based on the characteristics of the Florida Land Use, Covers and Forms Classification System (FLUCCS) code. The exactnumber and type of species required may vary depending on the existing indigenous vegetation found at the site. 4. If only trees were removed and the understory vegetation was not disturbed, then replacement of the dbh (diameter at breast height) in inches removed shall be required. 5. If the violation has caused any change in hydrology, ground elevations or surface water flows, then the hydrology, ground elevation or surface water flows shall be restored to pre-violation conditions. 6. If the violation consists of clearing of residential, single-family (RSF), village residential (VR) or estates (E) or other non agricultural, non commercially zoned land in which single-family lots have been subdivided for single-family use only, and one acre or less of land is being cleared by the property owners themselves in advance of issuance of building permit, the development services director may, in lieu of restoration or donation, impose a penalty fee in the amount equal to double the cost of a typical building pa'mit. 3.9.6.9. I. Rcq'~tirc,w. cntxf~.r a mitigation plan. B. REQUIREMENTS FOR A MITIGATION PLAN. Page 150 of 174 Words st."ack threug~ are deleted, words underlined are added 1. A copy of the deed, contract for sale or agreement for sale or a notarized statement of ownership clearly demonstrating ownership and control of the subjectlot or parcel of land, or permission from the landowner to mitigate on his or her site shall be provided. 2. The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in section 3.8.4. 3. The plan shall designate the person's name, address and telephone number that prepared the plan. 4. A north arrow, scale, and date shall be required on the plan. 5. Existing vegetation areas shall be shown. 6. The proposed planting areas shall be clearly defined. 7. The plan shall denote the number and location of each plant to be planted, or for the case of ground covers, show them in groupings. Large mitigation areas may be designated by a more simplified method. 8. All plants proposed shall be denoted by genus, species, and the common name. 9. The plan shall identify what is adjacent to the mitigation areas, i.e. existing forest (provide type), farm, natural buffer area, lake, etc. 1. All plants used for mitigation shall be native Florida species. 2. All plants used for mitigation shall be from a legal source and be graded Florida No. 1 or better, as graded by the Florida Department of Agriculture and Consumer Services' Grades and Standards for Nursery Plants (Charles S. Bush, 1973, Part I and 2). All plants not listed in Grades and Standards for Nursery Plants shall conform to a Florida No. 1 as to: (1) health and vitality, (2) condition of foliage, (3) root system, (4) freedom from pest or mechanical damage, (5) heavily branched and densely foliated according to the accepted normal shapes of the species or sport. Trees shall be a minimum of 14 feet tall at the time of planting and shall have a minimum dbh (diameter at breast height) of three indqes. 3. The plants proposed for planting must be temperature tolerant to the areas they are to be planted in. The South Florida Water Management District's Xeriscape Plant Guide II shall be used in determining the temperature tolerances of the plants. 4. The existing soil types shall be identified. Plants proposed for planting shall be compatible with the soil type. The 1954 or the 1992 soil survey of Collier County shall be used to determine if the plants proposed for planting are compatible with the existing or proposed soil types. 5. The source and method of providing water to the plants shall be indicated on the plan and subject to review and approval. 6. A program to control prohibited exotic vegetation (section 3.9.6.4.1) in the mitigation area shall be required. 2.9.~.9.2. Co, unG. rc'~'ic:u c,f,witigation ~v!ar,. D. COUNTY REVIEW OF MITIGATION PLAN 1. Development services will review the plan based on, but not limited to, the preceding requirements within 15 days. Additional relevant information may berequired when requested. 2. Should the county reject the mitigation plan, the reasons will be provided so the applicant can correct the plan and resubmit for county review. MONITORING AND REPLANTING. 1. A monitoring program shall be required that would determine the survivability by species of the plants used in the mitigation effort. A minimum of five reports will be submitted. Reports shall be due at one-year intervals. 2. Eighty percent survival by species shall be required for a five-year period unless other arrangements are specified and agreed upon in the mitigation plan. Replanting shall be Page 151 of 174 Words struck thrcug~ are deleted, words underlined are added required each year if the mortality exceeds 20 percent of the total number of each species in the mitigation plan. 3. The soil and hydrological conditions for some mitigation areas may favor some of the plants and preclude others. Should the county and/or consultant find that over time, some of the species planted simply don't adjust, the mitigation plan shall be reexaluated by both the consultant and the county, and a revised plan will be instituted. This condition shall not apply to all mitigation areas and each case will be evaluated individually, based on the supported [supporting] data submitted by the mitigator. ~ a ~ a < n .... ;~.. ~c~.~.~ ~ c~,.~t~ F. DONATION OF LAND OR FUNDS. The donation of land and/or funds to a public agency may be made if none of the above are viable alternatives. This donation of land and/or funds shall be equal to or greater than thetotal sum it would cost to mitigate for the violation according to sections3.9.11.2.A. 2.9.6.9 2.9.6.9.4 including consulting fees for design, and monitoring, installation costs, vegetation costs, earth moving costs, irrigation costs, replanting and exotic removal. 3.9.~12. Appeal from enforcement. Any person who feels aggrieved by the application of this division, may file, within 30 days after said grievance, a petition with the development services director, to have the case reviewed by the CollierCounty Board of County Commissioners. 3.9.813. Suspension of permit requirement The board of county commissioners may, by emergency resolution, suspend the permit requirement for vegetation removal in the aftermath of a natural disaster, such as a hurricane, when the following conditions are met and contained in the resolution: 3.9.&. 13.1. The suspension is for a defined period of time not to exceed 30 days or as otherwise set by the board of county commissioners. 3.9.8.13.2. The vegetation removal is necessitated by disaster related damage. 3.9.&.13.3. The suspension is not applicable to vegetation within habitats containing listed species (as regulated in division 3.11). SUBSECTION 3.L. AMENDMENTS TO DIVISION 3.11., ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION DIVISION 3.11., Endangered, Threatened or Listed Species Protection, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.11. ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION DIVISION 3.11. PROTECTION ENDANGERED, THREATENED, OR LISTED SPECIES 3.11.1GENERAL. 3.11. l.l Title and citation. This division shall be known and may be cited as the "Collier County Endangered, Threatened, or Listed Species Protection Regulations." 3.11.L2. Purpose. The purpose of this division is to protect species in Collier County, Florida by including measures for protection and/or relocation of endangered, threatened, or species of special concern listed by: Page 152 of 174 Words sir'ac!', through are deleted, words underlined are added mA__:. Florida Fish and Wildlife Conservation Commission (FFWCC) as endangered, threatened or species of special concern; b:. B__~. United States Fish and Wildlife Service (USFWS) as endangered or threatened; and ~.. C__:. Convention of International Trade in Endangered Species of Wild Fauna and Flora (CITES) on Appendix 1, Appendix ii, or Appendix III. 3.11._1.3. ,,~,,hr .... and cxizting -~ ~ ~,vr,,,~,,,.4 .... t ...... Applicability_ and Exemptions. A. General Applicability: Except as provided in B. below, all new development shall be directed away from listed species and their habitats by complying with the guidelines and standards set forth in this section. ....... ~ ........ an: B. Exemptions: The following are exempt from the provisions of this Section: 1. agricultural operations that fall within the scope of sections 163.3162(4) or 823.14(6), Florida Statutes: 2. all development within the RLSA District, except as specifically provided in section 2.2.27; and 3. all development within the NBMO, except as specifically provided in section 2.2.31. 3.11.2 EIS AND MANAGEMENT PLANS 3.11.2.1. Exemption. Single-family lots that are not part of a previously approved subdivision or SDP shall not be required to prepare an EIS or a management plan. 3.l 1.3~-1-2.2 ElS. An ElS is required as set forth in Section 3.8.5.7. The County shall notify the FFWCC and USFWS of the existence of any listed species that may be discovered. Plans shah ~,,~;.~,~ c ...... ; ...... ~ °"~';~* .......... ] by ~ -~--; ....... ;~ depa.~"tm..ent of the 3.11.2.3. Management Plans. A. General Requirements. A wildlife management plan shall be required for all proiects where the wildlife survey indicates listed species are utilizing the site. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats and shall incorporate proper techniques to protect listed species and their habitat from the negative impacts of proposed development. B. References. The followine~ references shall be used, as appropriate, to prepare the required management plans: 1. South Florida Multi-Species Recovery Plan, USFWS, 1999. 2. Habitat Management Guidelines for the Bald Eagle in the Southeast Re~ion, USFWS, 1987. 3. Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus po(¥phemus) Populations found on Lands Slated for Large Scale Development in Florida, Technical Report No. 4, Florida Game and Fresh Water Fish Commission, 1987. 4. Ecology and Development-Related Habitat Requirements of the Florida Scrub Jay (Aphelocoma coerulescens), Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 1991. 3.11.3. PROTECTIVE MEASURES. All developments subiect to this Division shall adhere to the following: Page 153 of 174 Words stvack through are deleted, words underlined are added 3.11.3.1. General. A. In those areas where clustering is permitted, all developments shall be clustered to discourage impacts to listed species habitats. B. Open space and vegetation preservation requirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated by human activities. C. Provisions such as fencing, walls, or other obstructions shall be provided to minimize development impacts to the wildlife and to facilitate and encourage wildlife to use wildlife corridors. D. Appropriate roadway crossings, underpasses, and sign^ge shall be used where roads must cross wildlife corridors. E. When listed species are directly observed on site or indicated by evidence, such as denning, foraging or other indications, priority shall be given to preserving the habitat of that listed species, as provided in Section 3.9.4.1.C. F. Management Plans shall contain a monitoring program for developments greater than 10 acres. G. Letters of technical assistance from the FFWCC and recommendations from the USFWS shall be deemed to be consistent with the GMP. ov ....., ....................... ~, ..... r ....., ............. v ....., ..... r- .....o ecial 3.l 1.3.3 Species Specific Requirements. On property where the wildlife survey establishes that listed species are utilizing the site or where the site is capable of supporting listed species and such listed species can be anticipated to potentially occupy the site, the County shall, consistent with the GMP, consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission and recommendations from the U.S. Fish and Wildlife Service in issuing development orders. It is recognized that these agency recommendations, on a case by case basis, may change the requirements contained herein and any such change shall be deemed to be consistent with this Code. The followin~ specific species management and protection plans shall be applicable, in addition to those required by 3.11.2.3. and 3.11.3.1: 3.I 1.3.q A. Gopher Tortoise (Gopherus polyphemus). (1_3- All gopher tortoises, their habitats and the associated comensals are hereby protected. It is expressly prohibited to take, which means to harass, harm, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in any such conduct, any gopher tortoise and to alter, destroy or degrade the functions and values of their natural habitat, unless otherwise provided for in this section. (2_.) All gopher tortoise burrows are protected and it is prohibited to intentionally destroy or take any such burrow by any means, unless otherwise provided for in this section. 3_.)- Provision is hereby made to allow personnel authorized by Florida Fish and Wildlife Conservation Commission or Collier County to house and relocate tortoises as necessary and provided for in this section. Page 154 of 174 Words struck through are deleted, words underlined are added (4_.)-When gopher tortoises are identified on site, a protection/management plan or off site _,~,,;~,.~,..,..,~ ....... ~,, ,~; ...... o,u.cc., the protection/management plan shall include, but not be limited to the following items: 4-)a. a current gopher tortoise survey, which shall be fidd-verified by planning services staff; -2-)b. a proposal for either maintaining the population in place or relocating it; 3-)c~ a site plan identifying the boundaries of the gopher tortoise preserve; 4-)d. the method of relocation if necessary; 5-)e. the proposed supplemental plantings if needed; 6-)f. a detail of the gopher tortoise preserve fencing; :7-)~ an maintenance plan describing exotic removal and pessi~!e in t~e f',m:re vegetation management: and g)h. identification of persons responsible for the initial and annual protection/management of the tortoises and the preserve area. Suitable gopher tortoise habitat shall be designated on the site plan at the time of the first development order submittal. Suitable habitat preserved on site shall be credited to the preservation requirement as specified in section 3.9.5,4~ of this Code. {5_.)- Suitable habitat shall be defined as having the following characteristics: -l-)a. the presence of well-drained, sandy soils, which allow easy burrowing for gopher tortoises;~ 2-)b. appropriate herbaceous ground cover (if not present, supplemental food sources shall be planted~,2 ~)c. generally open canopy and sparse shrub cover which allow sufficient sunlight to reach the ground~; and 4)d. typically, includes the presence of an existing gopher tortoise population. 6. OFF site relocation plans ma;,' shall be permitted to meet all or part of the on-site gopher tortoise habitat preservation requirements under the following circumstances: a_.) Where suitable habitat does not exist on-site; or, b_.) Where a property owner meets the minimum on-site native vegetation preservations requirements of this Code with jurisdictional wetlands and does not provide appropriate habitat for gopher tortoises as described above; or, c_.) Where scientific data has been presented to the community development and environmental services administrator, or his designee, and an environmental professional opinion is rendered that the requirement to provide the required on-site gopher tortoise habitat preservation area will not be conducive to the long term health of the on site population of tortoises. 7. If an off site relocation plan is authorized under one or more of the above conditions, approval of such a plan and associated State permit, shall be obtained from the Florida Fish and Wildlife Conservation Commission. Where appropriate, a combination of on-site preservation and off-site relocation may be considered. (4-) 8. When relocating tortoises on site, the density shall be reviewed on a case by case basis and no more than five tortoises per acre will be considered a suitable density. (-7-) 9. When identifying the native vegetation preservation requirement of section 3.9.:57. of this Code for parcels containing gopher tortoises, priority shall be given to protecting the largest, most contiguous gopher tortoise habitat with the greatest number of active burrows, and for providing a connection to off-site adjacent gopher tortoises preserves. All gopher tortoise preserves shall be platted with protective covenants as required by section 3.2.9.2.10. of this Code or, if the project is not platted, shall provide such language on the Page 155 of 174 Words stvaclc t~reugh are deleted, words underlined are added approved site development plan. When a deci:;k;n is nm'de t'o allow ,,~ff,Ate relocation g~er torto[ses, ill shall be a priority to preserve scrub habitat, when it exists on site, its rare unique qualities and fi)r being one of file most endangered habitats in Collier (-8) J.(_( Gopher tortoises shall be renmved I'roni all active and inactive burrows located within thc area of conslruction prior to any site improvemcm, in accortlance with the protcction.'nmnagcnlcnl plan approved by planning services staff. ¢J9 I1~ Exemptions. Single fiamily platted lots, seven and one-half acres or less itl size, shall be exemp! from thc requirements set forth itl std,-seetk;n 3:t4GM{4) 4 through 1(_) above; when these lots are nol a part of a previous do/elopmcnl which has been requircd It) comply wifl~ subsection 3. I-1~3M(4)4 through 10. tlowcver, gopher tortoises shall be protected pursuant to paragraphs I, 2 and 3 of ti:is section above. B. Florida Scrub Jay. Habitat preservation for the Florida scrub jay (.4phelocoma c'oerulescens) shall conform to Ihe guidelines contained in Technical Report No. 8, I}lorida Game and Fresh Water Fish Comlnission~ 1991. Thc required provide for a maintenance program and speci(y an appropriate fire or mechanicalprotocols maintain the natural scrub community. ~Fhe plan shall also outline a public awareness 12rogram lo educate residents about thc on-site preserve and tile need to maintain tile scrub vegetation. These reqtfirements shall be consistent with the IJFWS South Florida Multi-Species Recovery Plan. Max 1999. C. Bald Eaule. For the bald eagle (Huliaeetus /eucocephuhts), tile required Imbitat managenacnt_plans shall establish protective zones aronnd thc ea~le nest restriclim4 certain activities. Thc plans shall also address reslricting ce,'lain types of activities durine, the nestin?_,, season. These requirements shall be consistent wilh tile llFWS South Florida Multi-Species Recovery Plan, M_a~zv 1999. D. Red-cockaded woodpecker. For the red-cockaded woodpecker (Picoides bot'ealisj, the required habitat protection plan shall outline measures to avoid adverse impacts to active clusters and to minimize impacts to foraging habitat. Where adverse effects can not be avoided, measures shall be taken to minimize on-site disturbance and compensate or mitigate for impacts that renmin. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999. E. Florida black bear. In areas xvhere the Florida black bear (Ursus umeric'amts floridanus) may be present, the management plans shall require that garbage be placed in beat'- proof containers, at one or more central locations. The management plan shall also identil\, methods lo inlbrm local residents of the concerns related to interaction between black bears and humans. Mitigation for impacting habitat suitable for black bear shall be considered in the mana,2etnent plan. F. Panther. For projects located in Priority I and Priority 11 Panther Habitat areas, tile management plan shall discourage the destruction of undisturbed, native habitats that are prefen'ed by the Florida panther (Felts concolor cor),i) by directing intensive land uses to currently disturbed areas. Preferred habitats include pine flatwoods and hardwood hammocks. In turn, lhese areas shall be buffered from the most intense land uses of the project by using Iow intcnsit.y land uses (c.g., parks, passive recreational areas, golf courses). Golf courses within the RFMU District shall be designed and managed using standards found in that district. The management plans shall identify appropriate lighting controls for these permitted uses nnd shall address the opportunity to utilize prescribed burning to maintain fire-adapted preserved vegetative communities and provide browse for white-tailed deer. These require,'nents shall be consistent with the UFWS South Florida Multi-Species Recovery Plaza, May 1999, and with tile provisions set forth in this section. G. West Indian Manatee. The management and protection plans for the West Indian Manatee are set forth in section 2.6.22. H. Loggerhead and other listed sea turtles. The management and protection plans for listed sea turtles shall be as set forth in Division 3.10. Sec. 3.11.4. Penaltle: r .... .'~,.o: ............ ,~. ...... ~ PENALTIES FOR VIOLATION: RESORT TO OTHER REMEDIES. Violation of the provisions of this division or failure to comply with any of its requirements shall constitute a misdemeanor. Any person or firm who violates this division or fails to comply with any of its requirements shall upon conviction thereof be fined, or imprisoned, or both, as provided by law. Each day such violation continues shall be considered a separate offense. Each taking ora gopher tortoise shall constilt,le a separate violation. It is not the intent to include tortoises that may be accidentally i,~jured or killed during an approved relocation procedure that is done by a qualified consultant, in accordance with thci,' protection/management plan. Any other person, xvho connnJls, participates itl, assisls iu, or maintains such violation may cach be found guilty of a separate offense and sufl'cr thc penalties Page 156 of 174 Words str',.:ck through are deleted, words underlined are added herein provided. The connty, in addition to tile criminal sanctions contained herein, may take any other appropriate legal action, including but not limited to injunctive action, to entbrce the provisions of this Division. SUBSECTION 3.M. AMENDMENTS TO DIVISION 3.12., COASTAL ZONE MANAGEMENT DIVISION 3.12., Coastal Zone Management, of Ordinance 91-102, as amended, el'the Collier County Land I)evelopment Code, is hereby amended to read as follows: DIVISION 3.12. COASTAL ZONE MANAGEMENT 3.12.5.1.2. If the proposed development is determined to be a subdivision, as defined in d__Division 6.3, the categories of impacts, A lhrough G, shall be conceptt,ally illustrated on the ~tuired preliminary subdivision plat, il:the applicant chooses to submit a preliminary subdivision plat and completely detailed on the final subdivision improvement plans, with any requi,'ed protected/'preserve areas illustrated on the final subdivision plat, in accordance with the provisions of dDivision 3.2. If tile proposed development does not constitute a subdivision, the categories of impact, A throt,gh G, shall be illustrated on a site development plan for any lbrm of development, including single-family or duplex residential structures in accordance xvith the provisions of d_Division 3.3. 3.12.5.2. Review by em,ironmental adviseO, board. All preliminary subdivision plat and/or site development plan submissions lbr development or site alteralion oa a shoreline and/or undeveloped coastal barrier shall be reviewed and a recommendation shall be made for approval, approval with conditions or denial by the environmental advisory board. If the applicant chooses not to utilize the optional preliminary subdivision plat process, the review and approval xvill occur at the time of either the final plat and constrtlction plans or the final plat. SUBSECTION 3.N. AMENDMENTS TO DIVISION 3.15., Al)EQUATE PUBLIC FACILITIES DIVI SION 3.15., Adequate Public Facilities, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.15. ADEQUATE PUBLIC FACILITIES DIVISION 3.15. ADEQUATE PUBLIC FACILITIES* *State law reference(s)--Concurrency, F.S. § 163.3180. Page 157 of 174 Words ....... t~raugh are deleted, words underlined are added Sec. 3.15.3. Definitions. For the purposes of this division only, the lbllowing terms are defined as follows: 3.15.3. I0. (.'o~t.vtramed./iwilitic.v are Ihose road facilities which have been so designated by action or' tile Board of County Commissioners (BCC) upon tile recommendation of tile Transportation Administrator once it has been determined that the road facility will not be expanded by two or more through lanes due to physical, environmental, or policy constraints. 3.15.3. I I. Dqficient roadsegmenl means a county or state road segment on the major road network system that is operating below itsadopted level of service standard (LOS) as determined by roadway service vohunes calculated by the Transportation Division administrator. 3.15.3.11.2. In detern:ining assessing the capacity ora county road segmenk o~ a state road segment or TCMA lbr the purpose of determining whether it isa de,qcAeat road segmem operating below the adopted I,OS, or would based on the traffic impacts identified in an approved TIS submitted as part of an application for a final local developments order, the Transportation administrator shall consider: I. Current roadway facilities including, but not limited to, number of lanes, provision of turn lanes, operation of intersections and number of signal,~ 2. Capital road improvements under constructions,or for which the construction contract has been let~ 3. Any improvements that are guaranteed in an enforceable development agreement in which the improvements are completed or under constructioq or for which the construction contract(s) has been let, before tile impacts from the development or phased development accrue to the roadway system; Construction of the required capital improvement is included inet before the third first or second year of either the state's Florida DOT five-year work program or the tirst or second year of the Collier County Schedule of Capital Improvements adopted as part of the Annual Update and Amendment of the Capital Improvements Element (CIE) and Collier County Annual Budget that follows approval of the AUIR; at the time of application, county's ....... , n ...... "*~ improvement ......... p pal' ^c,~ r:. .....,, ~,a ........... , ............ :,'ear ~v .... o.h~.~,,,~.~'4~ ,~.~.~ .o~o t ~, .,,~ ~,~...,, ............... g D~, except as ^"' ..... : .......;,4~,~ by !aw. 5. The final local development order is for a project located within a TCEA or TCMA designated in the GMP which rneet the applicable requirements of Policies 5.5 through 5.9 of the Transportation Element; 6._:. The necessary facilities are the subject of a binding commitment with the developer to contribute fair share funding as provided for in Policy 5.9 of the Transportation Element. il' applicable, or to construct the needed facilities. 3.15.3.2 I. Level of service (LOS) means an indicator of the extent or degree of service provided by, or proposed to be provided by, a public facility based on, and related to, the operational characteristics of the public facility, as adopted in the Collier County Growth Management Plan. LOS will be stated as the capacity per unit of demand for each public facility. 3.15.3.21.2. Transporlation Concurrency Management SYstem means a "real time" concurrency system that tracks and allocates the available roadway capacity on a continuous basis wilh quarterly status reports to the Board. Trips generated from proposed Developments will be added to the trips approved to date and the existing background traffic counts to determine if there is available capacity for each new Development to be approved, in whole or part, as proposed Development plans are submitted. ' 3. ! 5.3.31. Proportionate sharepavment means a payment by a developer to Collier County to be used to enhance roadway operations, mass transit operations or other non-automotive transportation alternatives. Page 158 ofl74 Words struc!; through are deleted, words underlined are added 3.1 5.3.g-1-32. Public facilities mean capital drainage (surface water management system) facilities, capital park and recreation facilities, capital potable water facilities, capital road facilities, capital sanitary sewer facilities, and capital solid waste facilities. These are also known as Category "A" public facilities under Policy 1.1.1. of the Capital Improvement Element of the comprehensive plan. Sec. 3.15.4. Reserved. Sec. 3.15.6. Management and monitoring program. 3.1 5.6.2. Annual Update and Inventory Report on Public Facilities (A UIR). The Community Development and Environmental Services Division Administrator shall complete an Annual Update and Inventory Report on Public Facilities (hereinafter "AUIR"). The AUIR shall determine the existing conditions of all capital potable water, capital sanitary sewer, capital solid waste, capital drainage, capital park, and capital road public facilities to determine and summarize the available capacity of these capital improvements (public facilities) based on their LOS, foecast the capacity of existing and planned public facilities identified in the fly,year capital improvement schedule for each of the five succeeding years, and ten succeeding yearsfor solid waste landfill capacity, and identify new projects needed to maintain or restore adopted LOS. The forecasts shall be based on the most recently updated Schedule of Capital lmprovements(pub!ic facilities) and Capital Improvements Plan (CIP) or Master Plan for each public facility. The AUIR shall be based on the most recent University of Florida~Bureau of Economic and Business Research (BEBR), or BEBR influenced Water and Sewer Master Plan, population projections, updated public facility inventories, updated unit costs and revenue projections, and analysis of the most recent traffic count data. 3.15.6.2.1. Annual determination of adequate "Category A "public facilities (concurrency). The ....... :,, ~ .... ~ ..... · ~,~ .... ~ ...... ,~ ..... ~ ~:,,~o;~.~~ The County Manager will annually present the AUIRrep,~ to the Board ........ j c,omm!ssizners identifying deficiencies or potential deficiencies in "Categc.D' A":~potable water, sewer, solid waste, drainage, parks, and roads public facilities and remedial action options including, but not limited to, the following: 1. Establishment of areas of significant influence (ASI's); 2. Public facility project additions to the financially feasible CIE; 3. Establish interim development controls in affected service areas pending: a. Lowering of LOS via growth management plan amendment; b. Inclusion of necessary public facility projects in the next adopted annual budget and next annual CIE update and amendment; c. Approval of new or increased revenue sources for needed public facility projects by the Board of County Commissioners, the state legislature or the county voters. d. Private development improvements guaranteed by an enforceable development agreement. ..... ~, ...................... j, .... o ........................ roadway segment. 3.15.6.2.2. The findings of the A UIR, once approved by the Board of County Commissioners, will form the basis for the preparation of the next Annual Update and Amendment of the CIE and the annual determination of any deficient, or constrained, "Category A" facilities. The AUIR will identify additional projects and funding for inclusion in the Schedule of Capital Improvements and the Costs and Revenues Schedule of the CIE needed to maintain or restore adopted LOS for all "Category A" facilities for the next five years.~.~.~..r~ .... ~ ~"'~j ~The_ Board of County Commissioners shall provide direction to update and amend the CIE to include projects and revenues (within the first three or second years for roads) needed to maintain or restore adopted LOS_. fo~ "Category A" c~:~:~:~o,~...~,~o, as :,4~,:c.~,4.~,,~...~ in +h~..~ ,^~.:,: tm, Said direction~shall constitute a finding of concurrent "Category A" facilities, except roads, for the review and issuance of development orders subject to the provisions of this division until the presentation of the next AUIR, except for any AS1 designated areas or other areas subject to interim development controls. Page 159 of 174 Words strack tkrz~:gb are deleted, words underlined are added 3.15.6.2.3. In addition to identifying needed capacity expansion projects and revenues for inclusion in the next CIE update, the road facilities component ofthe AUIR will include an audit and update of the capacity balances in the Transportation Concurrency Management System database._ on a segment ~'~v ......... o,~,.,,.~ ~,~:o~,~.o The update shall factoring in all such development approvals since the previous AUIR that generate trips along each road segment and the effect of capacity expansion projects included in the financially feasible Schedule of Capital Improvements of the CIE ¢.v, ...... o~,,~' o~,,,*.,,~. ........ The AUIR shall be the annual baseline of an ongoing,_ real-time concurrency determination for roads. 3.15.6.3. Recommendations on the annual CIE update and annual budget. Based upon the prior calendar year's__AUIR analysis and Board direction, the Community Development and Environmental Services Division Administrator shall recommend to the Collier County Planning Commission and the Board of County Commissioners an Annual Update and Amendment to the CIE as part of the annual Growth Management Plan amendment cycle. The recommendation will include the proposed financially feasible public facilities Schedule of Capital Improvements needed to maintain or restore~adopted LOS standards as well as recommendations for the annual budget as to needed projects and suggested funding sources. 3.15.6.4. Designation of deficient o~ and constrained roadway segments. Deficient roadway segments may be designated as constrained whenever they meet the terms set forth in subsections 3.15.3.10. of this Code. 3.15.6.4.1. Regulation of growth along roadway segments designated constrained Roadway segments once designated as constrained are subject to the growth restrictions set forth below which are intended to ensure that further LOS degradation does not occurin t~e event t~e ma~way provided for below in Transpo~ation Concu~ency Exemption Areas (TCEA) and Transpo~ation Concu~ency Management Areas (TCMA), deficient constrainedroadway segments are subject to growth restrictions on development thatwill not allow for approval of a final local development order resulting in an increase in peak hour traffic volumecf ten percent above the service volume m above the adopted level-of-service standard. 3.15.6.4.2. Regulation of growth along deficient roadway segment(si. Except as provided for below in Transportation Concurrency Exemption Areas (TCEA) and Transportation Concurrency Management Areas (TCMA), N_no trips shall be allotted under a certificate of public facility adequacy for development that directly accesses and generates more than a de minimis (de minimis impact is defined as traffic impact of!ess tSan one percent or less of the peak hour service volume) impact on the deficient roadway segment(s) or for which the significance test in subse¢ion 3.15.6.4.7_.3:. of this Code, below indicates that the development will generate more than a de minimis impact on the deficient roadway segment(s). 3.15.6.4.3. Transportation ConcurrencF Exemption Area Designated. Pursuant to Policy 5.5 of the Future Land Use Element of the GMP, the South U.S. 41 Transportation Concurrency Exception Area (TCEA) is designated. Development located within the South U.S. 41 TCEA (Map TR-4) shall be exempt from transportation concurrency requirements, so long as impacts t~ the transportation system are mitigated using the procedures below. 3.15.6.4.3.1. Any proposed development within the concurrency exception area that would reduce the LOS on Florida Intrastate Highway System (FIHS) roadways within the Coun _ty by more thn 5% of the capacity at the adopted LOS standard must meet the transportation concurrency requirements specified in Rule 9J-5.0055(3)(c)1-7, F.A.C. 3.15.6.4.3.2. Any proposed development within the concurrency exception area that would reduce the LOS on FIHS roadways within the County by less than 5% of the capaci _ty at the adopted LOS standard and meets the requirements identified below in subsection 3.15.6.4.3.3. are exempt from the transportation requirements of 9J-5.0055(3)(c) 1-7, F.A.C. 3.15.6.4.3.3. Commercial [ktevelopments within the South U.S. 41 TCEA that choose to obtain an exception from concurrency requirements for transportation will provide certification from the Transportation Division that at least four (4) of the following Transportation Demand Management (TDM) strategies will be utilized: aD Preferential parking for carpools and vanpools that is expected to increase the average vehicle occupancy for work trips generated by the development b_) Parking charge that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership. c_) Cash subsidy that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ride~ship. Page 160 of 174 Words struck t~rzugh are deleted, words underlined are added d_) Flexible work schedules that are expected to reduce peak hour automobile work trips generated by the development eD Compressed work week that would be expected to reduce vehicle miles of travel and peak hour work trips generated by the developm~t f) Telecommuting that would reduce the vehicle miles of travel and peak hour work trips generated by the development g) Transit subsidy that would reduce auto trips generated by the development and increase transit ridership. h_) Bicycle and pedestrian facilities or that would be expected to reduce vehicle miles of travel and automobile work trips generated by the development i) Including residential units as a portion of a commercial project that would reduce vehicle miles of travel. Residential developments within the South U.S. 41 TCEA that choose to obtain an exception from concurrency requirements for transportation shall obtain certification that at least three (3) of the following Transportation Demand Management (TDM) strategies will be utilized a) Including neighborhood commercial uses within a residential project. b) Providing transit shelters within the development (must be coordinated with Collier County Transit). c) Providing bicycle and pedestrian facilities, with connections to adjacent commerdal properties. d) Including affordable housing (minimum of 25% of the units) within the development. e) Vehicular access to adiacent commercial properties with shared commercial and residential parking. Developments within the South U.S. 41 TCEA that do not provide certification shall meet all concurrency requirements. Whether or not a concurrency exception is requested, development applicants must submit a Traffic Impact Statement and are subject to a concurrency review for the purpose of reserving capacity for those trips associated with the development and maintaining accurate accounts of the remaining capaci_ty on the roadway network. Concurrency analysis will be conducted utilizing the significance tests contained in subsection 3.15.6.4.7. of this code. An applicant seeking an exception from concurrency requirements for transportation through the certification mentioned above shall submit an application to the Transportation Division Administrator on forms provided by the Division. Binding commitments to utilize any of the above techniques relied upon to obtain certification shall be required as a condition of development approval. 3.15.6.4.4. Transportation Concurrency Management Areas Designated. Pursuant to Transportation element Policy 5.7 of the GMP, the following Transportation Concurrency Management Areas are designated: 3.15.6.4.4.1 Northwest TCMA - This area is bounded by the Collier- Lee Coun _ty Line on the north side; the west side of the 1-75 right-of-way on the east side; Pine Ridge Road on the south side; and, the Gulf of Mexico on the west side (Map TR-5). 3.15.6.4.4.2. East Central TCMA - This area is bounded by Pine Ridge Road on the north side; Collier Boulevard on the east side; Davis Boulevard on the south side; and, Livingston Rind (extended) on the west side (Map TR-6) with the exception of 1-75 which is not included in the concurrency analysis. 3.15.6.4.5. Concurrenqv Standard for TCMA. To maintain concurrency, each TCMA shall maintain 85% of its north-south lane miles and 85% of its east-west lane miles at or above the LOS standards described in Policies 1.3 and 1.4 of the GMP Transportation element. If any Traffic Impact Statement (TIS) for a proposed development indicates that fewer than 85% of the lane miles in a TCMA are achieving the LOS standards indicated above, the proposed development shall not be permitted where such condition occurs unless modification of the development is made sufficient to maintain the LOS standard for the TCMA, or the facilities required to mahtain Page 161 of 174 Words struck tkrzug5 are deleted, words underlined are added the TCMA LOS standard are committed utilizing the standards for committed improvements in Policy 1.5.3 of the Capital Improvement Element of the GMP. 3.15.6.4.6. Proportionate share payments for impacts to constrained or deficientroadways in a TCMA. Should the TIS for a proposed development reflect that it will impact either a constrained roadway link and/or a deficient roadway link by more than a de minimis amount (more than 1% of the maximum service volume at the adopted LOS), yet continue to mahtain the established percentage of lanes miles indicated in subsection 3.15.6.4.5. above, a proportionate share payment pursuant to Rule 9J-5.0055(9), F.A.C. shall be required as follows: 3.15.6.4.6.1. Proportionate share payments shall be calculated using the formula established in Subsection 3.15.7.3.4.7. The facility_ cost for a constrained roadway link shall be established using a typical "lane mile cost" as determined by the Collier County Transportation Administrator of adding lanes to a similar area/facility _type as the constrained facili _ry. 3.15.6.4.6.2. Proportionate share payments shall be utilized by Collier County to add trip capacity and enhance traffic operations that increase capacity within the impacted TCMA and/or to enhance mass transit or other non-automotive transportation alternatives that reduce vehicle trips within the Transportation Concurrency Management Area. 3.15.6.4.6.3. However, no impact will be de minimis if it exceeds the adopted level-of service standard of any affected designated hurricane evacuation routes within a TCMA. Hurricane routes in Collier County are shown on Map TR7. Any impact to a hurricane evacuation route within a TCMA shall require a proportionate share payment provided the remaining LOS requirements of the TCMA are maintained. 3.15.6.4.6.4. Proportionate share payments under this section are determined subsequent to a concurrency determination for a proposed development within a TCMA and do not influence the concurrency determination process. 3.15.6.4.6.5. In order to be exempt from link specific concurrency, new commercial development or redevelopment within Collier County's designated Transportation Concurrency Management Areas (TCMAs) shall utilize at least two (2) of the following Transportation Demand Management (TDM) strategies, as may be applicable: a) Preferential parking for carpools and vanpools that is expected to increase the average vehicle occupancy for work trips generated by the development b) Parking charge that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership. c) Cash subsidy that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership. d) Flexible work schedules that are expected to reduce peak hour automobile work trips ~enerated by the development. e) Compressed workweek that would be expected to reduce vehicle miles of travel and peak hour work trips generated by the development. f) Telecommuting that would reduce the vehicle miles of travel and peak hour work trips generated by the development. g) Transit subsidy that would reduce auto trips generated by the development and increase transit ridership. h) Bicycle and pedestrian facilities that would be expected to reduce vehicle miles of travel and automobile work trips generated by the development. i) Including residential units as a portion of a commercial project that would reduce vehicle miles of travel. Providing transit shelters within the development (must be coordinated with Collier Coun _ty Transit). In order to be exempt from link specific concurrency, new residential development or redevelopment within Collier County's designated Transportation Concurrency Management Areas (TCMAs) shall utilize at least two (2) of the following Transportation Demand Management (TDM) strategies, as may be applicable: a) Including neighborhood commercials uses within a residential project. Page 162 of 174 Words struck tkreug~ are deleted, words underlined are added b) Providing transit shelters within the development (must be coordinated with Collier Coun _ty Transit). c) Providing bicycle and pedestrian facilities, with connections to adjacent commercial properties. d) Including affordable housing (minimum of 25% of the units) within the development. e) Vehicular access to adjacent commercial properties. 3.15.6.4.S7. Significance test. Impact for traffic impact analysis purposes for a proposed development project will be considered significant: 1. On those roadway segments directly accessed by the project where project traffic is equal to or greater than three percent of the adopted LOS standard service volume; 2. For those roadway segments immediately adjacent to segments which are directly accessed by the project where project traffic is greater than or equal to three percent of the adopted LOS standard service volume; or 3. For all other adjacent segments where the project traffic is greater than five percent of the adopted LOS standard service volume. Once traffic from a development has been shown to be less than significant on segment using the above standards, the development's impact is not required to be analyzed further on any additional segments. 5_=. This significance test is applicable to projects inside and outside TCEAs and TCMAs. 3.15.6.5. Establishment of area(s9 of significant influence (ASI) for deficient road segments. If the findings of the AUIR analysis identify additional road improvement projects that would be needed in order to maintain a segment or road facility's adopted LOS, and such projects are not included in the proposed annual CIE road component update adopted by the board, then the community development and environmental services division administrator, in conjunction with the transportation services administrator, may propose to establish one or mere areas of significant influence (ASI) for any such deficient road segment. The geographic limits of any ASI must meet the standards in subsection 3.15.6.5.1. of this division. 3.15.6.5.1. Standards in establishing area of significant influence (ASI). The boundaries for an ASI shall include the limits of the roadway segment(s) that are deficient as recommended by the Transportation Services Administrator. 3.15.6.5.2. Review and approval of AS1 by board of county commissioners. After receipt of the proposed boundaries of a potential ASI from the Transportation Services Division Administrator, the Board of County Commissioners, shall hold public hearings noticed pursuant to the requirements of) subsection 2.7.2.3.4. of this Code: After final consideration of the proposal and public comment, the board may approve the designation of an ASI, (including a map of the impacted roadway segments), with or without modifications, or determine that competent substantial evidence has been placed on the record to show that the road segment is not deficient and find that the establishment of an ASI is not necessary to ensure that development orders are served by adequate road public facilities. The approved ASI(s) will become effective upon adoption by the Board of County Commissioners. 3.15.6.5.5. Interim development controls on ASI roadway segments. No final local development order for development directly accessing deficient roadway segments may be approved if it would add more than a de minimis number of vehicle trips (i.e., an impact equa! to or greater than one percent of the peak hour service volume) to a deficient roadway segment designated as an ASI. Development of a single-family home on m existing lot, tract or parcel of land will be considered to be de m inimis development regardless of the number of actual trips that would be generated. Sec. 3.15.7. Regulatory program: review of development to ensure adequate public facilities are available, including the Transportation Concurrency Management System. Page 163 of 174 Words struc!: t~re~zg~ are deleted, words underlined are added on 3. l 5.7.3.1.2.1. Annual midyear Traffic/PUD Monitoring Report. On [the effective date of this Division's amendment], all de;'e!cpment that has been issued an SDP or FSP, but PUDs which is are less than 90 percent built-out, must annually by mid :,'ear r ..... ~, .... T .... 30th) submit a report detailing its their progress toward build-out of the development. The traffic report must be submitted as part of the annual PUD monitoring report on the anniversary date of the PUD approval by the Board per Section 2.7.3.6. LDC. The written report must be submitted to, and be in, a format established by the Transportation Administrator and must indicate any revised estimates to the initial build-out schedule and any resulting effect on traffic impact projections, along with any progress towards completing ar~ developer contribution requirements. Traffic/PUD Monitoring Reports which are more than nine _ty (90) days pas~t, due will result in the suspension of final local development order issuance for the PUD pending receipt of the Report. 3.15.7.3.1.5. Assessment and application of transportation impact fees and surrender of certificate of public facility adequacy. Within 90 days of notification by facsimile that an application for a ~,,;n~, ,,, ,~,,~ ..... v,r ~..k,~,,v,.~ ?~;~;,,,,,~.,,v adequacy final local development order has been approved and a certificate issued, an applicant may pick up the certificate upon payment of onehalf (50 percent) of the estimated transportation impact fees due. Such estimates shall be based on the currently approved transportation impact fee rate schedule. If the certificate is not picked up within 90 days and the applicable estimated transportation impact fees paid, the application will be deemed denied and the applicant must reenter the application process from the beginning. Transportation impact fees for residential development will be estimated using the fee based on the midrange housing size, unless the residential use qualifies as affordable housing. Affordable housing estimated transportation impact fees shall be based on the income limitations for affordable housing in force at the time of a certificate of public facility adequacy application. Additionally, previously vested developments may, pursuant to subsection 3.15.7.3.1.2., elect to have escrowed fees applied against the one-half (50 percent) of estimated transportation impact fees. Payment of these fees vests the development entitlements for which the certificate of public facility adequacy certificate applies on a continuous basis unless relinquished pursuant to therequirements of this section prior to the end of the third year after the initial impact fee payment. The initial 50 percent impact fee payment is non-refundable after payment and receipt of the certificate of public facility adequacy certificate. ~ .... ,.,m~.,~o; .....4 ~,~. r,-k~ ~??~,;.,~ 4.+~ ~?,k;. division's amendment} ~-Not later than 90 days prior to the expiration of the three year period for such certificates, the county shall notify the certificate holder via registered mail of the remaining balance due for the estimated transportation impact fees up to 50 percent, based on level of building permits already issued. The balance of the impact fees due will be calculated at the rate schedule then currently applicable. The developer may elect to pay the balance of the estimated transportation impact fees for the entitlements for which the certificate applies or modify the certificate to a lesser entitlement and calculate the balance of the transportation impact fees on the revised entitlements. Thecertificate of public facility adequacy shall be modified to include only the entitlements for which the estimated transportation impact fees are paid. The expiration date for the remaining, up to 50 percent, balance of the estimated transportation impact fees due from a previously vested development that Page 164 of 174 Words str.'-ck thrcugh are deleted, words underlined are added opts into the revised concurrency certificate process as provided in subsection 3.15.7.3.1.2. of this Code, will relate back to the date of issuance of the original certificates. Once the balance of the estimated transportation impact fees are paid, those estimated fees are non-refundable. However, the certificate of public facility adequacy runs continuously with the land in perpetuity after all estimated transportation impact fees have been paid. As building permits are drawn down on the entitlements, the estimated transportation impact fees already paid shall be debited at the rate of the impact fees in effect at the time of utilization. If the estimated transportation impact fee account becomes depleted, the developer shall pay the currently applicable transportation impact fee for each building permit in full prior to its issuance. In the event that upon buildout of the development estimated transportation impact fees are still unspent, the remaining t~lance of such estimated fees may be transferred to another approved project within the same, or adjacent, transportation impact fee district, provided any vested entitlements associated with the unspent and transferred transportation impact fees are relinquished and the certificate of public facility adequacy is modified to delete those entitlements. 3.15.7.3.4. Procedure for review of application. 3.15.7.3.4.3. Determination of completeness and review. Upon receipt of an application for certificate of public facility adequacy by the Community Development and Environmental Services Division for road facilities, all copies of the application will be time and date stamped. One copy will be forwarded to the Transportation Services Division for processing no later than the next business day. After receipt of the application for certificate of public facility adequacy, the Community Development and Environmental Services Division Administrator and Transportation Services Division Administrator shall determine whether its respective application is complete within five business days. If it is determined that any component of the application is not complete, written notice via facsimile shall be provided to the applicant sl:ecifying the deficiencies. The Community Development and Environmental Services Division Administrator and Transportation Services Division Administrator shall take no further action on the application unless the deficiencies are remedied. The applicant shall provide the additional information within 60 days or the application will be considered withdrawn and the application fee is forfeited. Within 20 business days after any application for a certificate except for road facilities is received and the application is determined to be complete, the Community Development and Environmental Services Division Administrator shall review and grant, or deny each public facility component except for roads in the application pursuant to the standards established in subsection 3.15.7.3.5. of this Code. The Transportation Services Administrator shall review and grant, or deny a certificate of public facility adequacy for roads within 20 business days after the application is determined to be complete, subject to the approval of the final development order. 3.15.7.3.4.6 Traffic Capaci_tv Reservation for all or part of the proposed development may be approved and secured at application pending approval of the final subdivision plat, site development plan or building permit upon acceptance of the TIS by the Transportation Administrator as part of a complete Application Request (AR) deemed sufficient for review for the proposed development by the CDES Division. The Transportation Administrator will notifythe applicant of any traffic capaci _ty reservation via facsimile per section 3.15.7.3.4.3. Traffic capaci .ty reservations will be awarded to the development upon: approval of the COA and final development order per section3.15.7.3.4.5; payment of road impact fees in accordance with section 3.15.7.3.4.5; and Proportionate Share Payment, if applicable, in accordance with section 3.15.3.31. Traffic capaci _ty reservations approved under this section will expire in one (1) year, from TIS approval and determination of available capacity, unless the final local development order for the development is approved, or the Board approves an extension to the one (1) year time period. 3.15.7.3.4.7. Proportionate Share Payments. Proportionate share payments may be usedto mitigate the impacts of a development on a deficient roadway link by more than a de minimis amount within a Transportation Concurrency Management Area in which 85% of the northsouth lane miles and 85% of the east-west lane miles are operating at or above the adopted LOS standards consistent with Policies 5.8 and 5.9 of the Comprehensive Plan Transportation Element. However, no impact will be de m inimis if it exceeds the adopted level-of-service standard of any affected designated hurricane evacuation mutes within a TCMA. Hurricane routes in Collier Coun _ty are shown on Map TR7 of the Transportation Element. Any impact to a hurricane evacuation route operating below the adopted LOS within a TCMA shall require a proportionate share payment provided the remaining LOS requirements of the TCMA are maintained, Proportionate share payments under this section are determined subsequent to a finding of concurrency for a proposed project within a TCMA and do not influence the concurrency determination process. Page 165 of 174 Words st.~ac!: through are deleted, words underlined are added 3.15.7.3.4.7. l. The proportionate share of the cost of improvements of such deficient roadways is calculated according to the following formula: Project trips impacting deficient link/SV increase x cost = proportionate share 1. Project trips = cumulative number of the trips from the proposed development expected to reach the roadway during the peak hour from the complete buildout of a stage or phase being approved. 2. SV increase = the change in peak hour maximum service volume of the roadway resulting from construction of the improvement necessary to maintain the adopted level of service. 3. Cost = cost of construction, at the time of developer payment, of an improvement necessary_ to maintain the adopted level of service. Construction cost includes all improvement associated costs, including engineering design, right-of-way acquisition, planning, engineering, inspection, and other associated physical development costs directly required and associated with the construction of the improvement. 3.15.7.3.4.7.2. The cost for a deficient roadway link shall be established using a typical "lane mile cost" of adding lanes to a roadway having a similar area _type/facili _ty _type as determined by the Collier Coun _ty Transportation Administrator. 3.15.7.3.5.6. Road facilities. The road component shall be considered based upon whether the proposed development is outside a designated ASI or within a designated ASI. 3.15.7.3.5.6.1. Road facilities. The road component shall be considered based upon whether sufficient roadway and intersections capacity is available based on the findings of the Transportation Impact Statement (TIS), which shall be based upon the provisions of subsections 3.15.6.4.1, 3.15.6.5.1.6 and 3.15.7.3.5.7. segments direct!;, ........ a ~,y ,h~ p~o} ......u~,~ project traffic is Sec. 3.15.8. Reserved. SUBSECTION 3.0. AMENDMENTS TO DIVISION 6.2., ABBREVIATIONS DIVISION 6.2., Abbreviations, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: Page 166 of 174 Words stn:ck thraugh are deleted, words underlined are added DIVISION 6.2. ABBREVIATIONS DIVISION 6.2 ABBREVIATIONS AASHTO ACSC ADT through EAB No change EIS FDOT through LDR No change NBMO NOAA NRPA PSP RFMU RLSA SDP through SEC No change TDR No change Big Cypress Area of Critical State Concern Environmental Impact Statement North Belle Meade Overlay No change Natural Resource Protection Area No change Rural Fringe Mixed-Use Rural Lands Stewardship Area Transfer of development rights SUBSECTION 3.P. 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 Adverse Impacts: Impacts generated by land alteration or land use, whether permanent or temporary_, which, as a result of an environment or hydrological impact analyses, are likely to or have been shown to have a negative impact on any of the following: listed species and their habitat; natural reservations and other areas of protected native vegetation; wetlands; surface or groundwater; natural waterbodies; air quality, and historic or archeological resources identified by Collier County or the State of Florida. the Naples nn ...... I1,~ c.~;o.:~ a ~ rn~c nx (See .... ;~ 2.7.7.) Page 167 of 174 Words struck through are deleted, words underlined are added Bonus Credit: A unit representing the right to increase the densi~ or intensi _ty of development within a Rural Village to an extent equal to that achieved through TDR Credits, up to the minimum required densi _ty. [sec.2.2.2½.2.B.3.b] Building, Actual height of: The vertical distance from the average centerline elevation of the adjacent roadways to the highest structure or appurtenances without the exclusions of section 2.6.3. Building, Zoned height of: The vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip, and gambrel roofs. Existing grade shall not be altered to gain building height. Where minimum floor elevations have been established by law or permit requirements, the building height shall be measured from such required minimum floor elevations. (See section 2.6.3, Exclusions from height limits, and off-street parking within a building [section 2.6.3.2].) Required minimum floor elevations shall be in conformance with the Collier County Building Construction Administrative Code (Ordinance No. 91-56, section 103.2.1.d [Code § 22-47(a)(4)], as amended)and, if necessary, FDEP requirements for minimum habitable first-floor structural support. ~c~ ......... o~vF ........ ~,, ~,,~,,,~,,,,,s ~'~,v .......~,,~ ~,~,~,~, are in t?,e dete,"m, ination of ~:i!ding ~eight. Rooftop recreational space and accessory facilities are also exempted from the limitations established for measuring the height of buildings. Cabana: An accessory_ structure providing shelter for recreational use with or without toilet facilities, not to be used for living quarters. Civic and institutional buildings: Structures developed for and/or used by established organizations or foundations dedicated to public service or cultural activities including, but not limited to, the arts, education, government and religion. Cluster Development: A design technique allowed within residentialzoning districts by c~nditicna! use or where residential development is an allowable use. This form of development employs a more compact arrangement of dwelling units by allowing for,or requiring as the case may be, reductions in the standard or _typical lot size and yard requirements of the applicable zoning district, with the difference ~et',;'een the red'aced lot size and the standard lot requirement ~'~;""~...e, placed in order to: increase common open space; reduce the overall development area; reduce alterations and impacts to natural resources on the site; to preserve additional native vegetation and habitat areas; and, to reduce the cost of providing services, including but not limited to central sewer andwater. ~ ~c ........... ...... ;^~ 2.~.27.) CON District: Lands that are generally depicted on the Future Land Use Map, and more specifically depicted on the Official Zoning Atlas, as Conservation. [sec.2.2.17] Density Blending: The distribution of the gross densi _ty or intensity allowable on a parcel or parcels throughout those parcels. Development and production, oil and gasfield: Activities and facilities involved in developing petroleum and natural gas resources following successful exploration as defined by or in the context of Florida Statutes and Administrative Code, which may include the construction of all weather access roads and pads, development drilling, installation of crude oil pipelines, flowlines and gathering lines, in-field separation and temporary housing facilities for personnel requisite to the operation of these facilities and activities. (See Oil extraction and related processing) Environmental Impact Statement (ELS): A document required as per division 2.8 or documents that provide an objective evaluation of the impacts of a proposed development or other alteration of the existing natural conditions on the natural resources, environmental quail _ty, and listed species. Essential sServices: electric ', ........................................ genera! -"~";~ ~' ....... ;~ ...... ~,;~ h .... been Those se~ices and facilities, including utilities, safeW services, and other government services, nccessa~ to promote and protect public health, safe~ and welfare, including but not limited to the following: police; fire, emergency medical, public park and public libra~ facilitbs; and all services designed and operated to provide water, sewer, gas, telephone, electricity, cable television or communications to the general public by providers that have been approved and authorized according to laws having appropriate urisdiction and governmental facilities. Exploration, oil andgas: Activities and facilities involved in the search for and subsequent production testing and field delineation of discovered petroleum and natural gas resources as defined by or used in the context of Florida Statutes and Administrative Code, which may include geophysical exploration activities and surveys, construction of temporary access roads and pads, exploratory drilling and the in-field separation and removal of test production. (See Oil extraction and related processing) Page 168 of 174 Words str'ac!: thrcugh are deleted, words underlined are added Flowwav: A natural or manmade swath of land, varying in width and length, providing for the conveyance of water, primarily sheet flow, during seasonally wet periods, generally from north to south, and providing beneficial wildlife habitat and aquifer recharge. Grade: A reference plane representing the average of finished ground level adjoining the building at all exterior walls. When the finished ground level slopes away from the exterior w~lls, the reference plane shall be established by the lowest points within the area between the building and the lot line or between the building and a point 6ft (1829 mm) from the building, whichever is closer to the building. Greenbelt: A required buffer and open space area surrounding a Rural Village. [sec. 2.2.21/2.2.B.6.] Guest House or Cottage: An accessory dwelling unit structure which m!ght ar might not include cocking facilities is attached to or detached from, a principal dwelling located on the same residential parcel and which an accessory dwelling serves as an ancillary_ use providing living quarters for the occupants of the principal dwelling, their temporary_ guests or their domestic employees and which may contain kitchen facilities. ':,'h/ch is ince:'porated, a~ached to, or .-,l~.l-~h~A r ..... 1.~;~1 A .... I1; .... A ,.,h;~h; ..... ,, b' far the noncommercial ~ ............ / ............................................... ~ ................. prfnc al dwelling. Guesthouses or cottages are not permitted in development that is receiving an AHDB. (See section[s] 2.6.14 and 2.7.7.) Guest Quarters/Guest Suites: An attached or detached room or suite, which could be used as a temporary_ sleeping accommodation, which is integrated as part of the principfl use of the property_ and may contain running water as long as it is not configured or ora size that may accommodate a kitchen. Housing, 4ffordable: One or more residential dwelling units with a monthly rent or monthly mortgage payment, including property taxes and insurance, not in excess of 1/12 of 30 percent of an amount which represents 50 percent or less (for very low income), 50 percent to 80 percent (for Iow income), or 80 percent to 100 percent (for moderate income) of the median adjusted gro~ annual income for the household as published annually by the U.S. Department of Housing and Urban Development within the Naples Metropolitan Statistical Area (MSA). (See section 2.7.7.) The term affordable housing includes workforce housing which is limied to owner occupied housing with a monthly mortgage payment, including property taxes and insurance, not in excess of l/12 of 30 percent of an amount which represents 50 percent to 100 percent of the median adjusted gross annual income for the household as published annually by the U.S. Department of Housing and Urban Development within the Naples Metropolitan Statistical Area (MSA). (See section 2.7.7.) Housing, Workforce: Owner occupied housing with a monthly mortgage payment, including property_ taxes and insurance, not in excess of 1/12 of 30 percent of an amount which represents 50 percent to 100 percent of the median adjusted gross annual income for the household as published annually by the U.S. Department of Housing and Urban Development withinthe Naples Metropolitan Statistical Area (MSA). (See section 2.7.7.) ............. ~, or built in. Kitchen, Primary: A room in a principal dwelling which is used, designed and intended for the preparation and cooking of food, often where meals are also eaten. Kitchen, Secondary: A kitchen, accessory in function to the primary, kitchen, located within and only accessible through the principal dwelling unit. Native Vegetation: Native vegetation means N_native s$outhern Floridian species as determined by accepted valid scientific references. (See identified in section 2.4.4.)- Where this code refers to, or requires retention of, existing native vegetation, the term native vegetation is further defined as a vegetative community having 75% or less canopy coverage of melaleuca or other invasive exotic plant species. Natural Reservation: The term natural reservation refers to large areas set aside for natural resource protection, conservation and preservation and includes: only Natural Resource Protection Areas (NRPAs); and, lands designated Conservation on the Collier Coun _ty Future Land Use Map, including but not limited to, Everglades National Park, Big Cypress N,tional Preserve, Florida Panther National Wildlife Refuge, Fakahatchee Strand State Preserve, Collier-Seminole State Park, Rookery Bay National Estuarine Research Reserve, Delnor-Wiggins Pass State Recreation Area, and the National Audubon Society's Corkscrew Swamp Sanctuary_. Page 169 of 174 Words o, .... v,h .....~. ............ 6.. are deleted, words underlined are added Natural Waterbody: A naturally occurring lake, pond, lagoon, river, stream, creek, or the like, or the Gulf of Mexico and any tidal waters of the gulf including bays, bayous, inlets, canals, or channels. Neighborhood Center: A centrally located area within a neighborhood of a Rural Village that may include small-scale service retail and office uses and shall include a public park, square, or green. Neutral Lands: Lands located within the RFMU District that are generally depicted located on the Future Land Use Map, and more specifically depicted on the Official Zoning Atlas, as Neutral Lands. [sec.2.2.2½.3] North Belle Meade Overlay (NBMO): Lands located within the RFMU District that are generally depicted on the Future Land Use Map, and more specifically depicted on the Official Zoning Atlas. as the North Belle Meade Overlay. [sec. 2.2.31] Oil extraction and related processing: Oil and gas exploration, drilling, and production operations and shall not be deemed to be industrial land uses and shall continue to be regulated by all applicable federal, state, and local laws. Oil extraction and related processing includes oil and gas exploration and oil and gas field development and production as defined above. en ace: Unoccu ed recreation areas. Areas that are not occupied by buildings, impervious parking areas, streets, driveways or loading areas which may be equipped or developed with amenities designed to encourage the use and enjoyment of the space either privately or by the general public. Examples of open space include: areas of preserved indigenous native vegetation; areas replanted with vegetation after construction; lawns, landscaped areas and greenways; outdoor recreational facilities; and, plazas, atriums, courtyards and other similar public spaces. Open Space, Common: r- ...... r~,=, Space ............ ~,~.. means tIhose areas within or related to a development, not in individually owned lots er dedicated for public use, but which is designed and intended to be accessible to, and for the common use or enjoyment of, the residents of the development, or the general public. Open Space, Usable: Active or passive recreation areas such as playgrounds, tennis courts~ golf courses, beach frontage, waterways, lagoons, floodplains, nature trails and other similar open spaces. Usable Open space areas shall also include those portions of areas set aside for preservation of native vegetation and o_cr landscaped areas, which are accessible to and usable by residents of the development, or the general public. Open water area beyond the perimeter of the site, street rights-of-way, except '"~,...~,~ ~.~'~'~ .... '~ ~.^~ ~..~ '~ ..... ,~ r.~. ..... ~,.~'u ..... ~o~, driveways, off-street parking areas, and off-street loading areas shall not be counted in determining usable open space. Pathway: A defined corridor for the primary_ use of non-motorized travel. RFMU District: Rural Fringe Mixed Use District. The area generally depicted on the Future Land Use Map and specifically depicted on the Official Zoning Atlas as the Rural Fringe Mixed Use District, which is generally a transition between the Urban and Estates Designated lands and the Urban and Agricultural/Rural and Conservation designated lands farther to the east. [ sec. 2.2.2½] RFMU Receiving Lands: Lands located within the RFMU District that are generally depicted on the Future Land Use Map, and more specifically depicted on the Official Zoning Atlas, as Receiving Lands. [sec. 2.2.2½.2] RFMU Sending Lands: Lands located within the RFMU District that are generally depicted on the Future Land Use Map, and more specifically depicted on the Official Zoning Atlas, as Sending Lands. [sec.2.2.2½.4] Rural Pillage: A form of development within RFMU Receiving Lands that includes the following mixture uses: residential housing _types; institutional uses; commercial uses; and, recreational uses and comprised of several neighborhoods designed in a compact nature such that a majori _ty of residential development within comfortable walking distance to the Neighborhood Centers. [sec. 2.2.2½.2.B] TDR Credit: A unit representing the right to increase the densi _ty or intensityof development on a parcel, obtained through a Transfer of Development Rights. [sec. 2.6.39] Trans/er o/Development Rights: The transfer of development rights from one parcel to another parcel in a manner that allows an increase in the density or intensi _ty of development on the receiving property_ with a corresponding decrease in the remaining development rights on the sending property. Page 170 of 174 Words struck' through are deleted, words underlined are added Vegetation, Category I Invasive Exotic: lnvasive exotic vegetation that is altering native vegetation communities by displacing native plant species, changing the structure or ecological functions of native plan communities, or hybridizing with native species. Vegetation, Category H Invasive Exotic: lnvasive exotic vegetation that has increased in abundance or frequency but have not yet altered native plant communities by displacing native plant species, changing the structure or ecological functions of native plan communities, or hybridizing with native species. Vegetation, Exotic: A plant species introduced to Florida, purposefully or accidentally from a natural range outside of Florida. The terms Exotic vegetation and Normative vegetation are interchangeable. Exotic vegetation includes Naturalized Vegetation, and Category I and Category_ II lnvasive Exotics. Vegetation, Native: A plant species whose natural range included Florida at the time of European Contact (1500 AD). Vegetation, Naturalized: Exotic vegetation that sustains itself outside cultivation, but is not prohibited exotic vegetation. Vegetation, Prohibited Exotic: Category_ I or Category_ II Invasive Exotic Vegetation limited to the following: specifically include the following: ~rh Earleaf acacia (Acacia auriculiformis). Australian pine (Casuarina spp.). Melaleuca (Melaleuca spp.). Catclaw mimose (Minosa pigra). Downy rosemyrtle (Rhodomyrtus tomentosa). Brazilian pepper (Schinus terebinthifolius). Java plum (Syzygium cumini). Women's tongue (Albizia lebbeck). Climbing fern (Lygodium spp.). Air potato (Dioscorea bulbifera). Lather leaf (Colubrina asiatica). Carrotwood (Cupaniopsis anacardioides). Village Center: A distinct area within a Rural Village that serves as the primary location for commercial uses, including retail and office, and of civic, and government uses. ,,a ...... ~ ........... ~ ....... ~:o,, < o n Wetlands as set forth in Section 373.019 Florida Statutes. The terms "Wetlands" and "Jurisdictional Wetlands," as used in this Code, shall be synonymous. Wetland Function: A quantitative and qualitative measure of the degree to which a jurisdictional wetland provides hydrologic and habitat or other benefits for listed species, measured using the Unified Wetland Mitigation Assessment Method, F.A.C. Chapter 62-345. Yard. front: The required open space extending across the entire width of the lot between the front building line and street right-of-way line. Where double-frontage lots exist, the required front yard shall be provided on both streets except as otherwise provided for herein. Where corner lots of record existed prior to the date of adoption of Collier County Ordinance No. 82-2 [January 5, 1982], which lots do not meet minimum lot width or area requirements established in this Code, only one full depth front yard shall be required. In all zoning districts, the full depth front yard requirement shall apply to the front yard which has the shorter or shortest street frontage. In all zoning districts, except the E (estates) zoning district, the setback requirement for the remaining front yard(s)s~a!! not may be reduced to ~;.' more than 50 percent of the full front yard setback requirement for that diarict, exclusive of any road right- of-way or road right-of-way easement. For setbacks for E (estates) zoning, see Section 2.2.3.4.3. a, dditionally, in '~'~ ~ r ....... ~ ~.:~ .;~.~; .... ~., ,~ .... r,~, requirement c^~.~ Page 171 of 174 Words strack through are deleted, words underlined are added SUBSECTION 3.Q. AMENDMENTS TO APPENDIX D, AIRPORT NOISE ZONING MAP APPENDIX D, Airport Noise Zoning Map, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: APDENDIX D-AIRPORT ZONING App. D, App, II APPENDIX II. NM)LES MUNICIPAI, AIRPORT NOISE ZONE MAP (SEE ~EC'I'I()N ~ T~s6 Page 172 of 174 Words :t:~.'-ck through are deleted, words underlined are added SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION SIX: EFFECTIVE DATES This Ordinance shall become effective upon filing with the Department of State with the exception of Sub-section 3. N, pertaining to Division 3.15, amendments to Adequate Public Facilities which shall not become effective until the supporting amendments to the Collier County Growth Management Plan (Ordinance Number 03-67), become legally effective in accordance with Subsection 163.3189(2)(a) Florida Statutes (2003). Page 1730f174 Words struck through are deleted, words underlined are added PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this I ¡th day O[PdJruaV-:f' 2004. ATTEST: DWIGHT E. BROCK, CLERK COMMISSIONERS !" ; . ;.~;...., ,. ," Patrick. ite Assistant County Attorney BOARD OF COUNTY OF 7/~:UN;¡:¡DA By: DONNA FIALA, CHAIRMAN Words struck through are deleted, words underlined are added Page 174 of 174 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2004-08 Which was adopted by the Board of County Commissioners on the 11th day of February, 2004, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day Of February, 2004. . ,",.."..)\\ ': ...')~ 0 ,.. '~, Ii ~ ~~:,,,'~ ~~ ...\.1 ~,1 ¡'f~. I! ¡ DWIGHT E. BROCK~'" .e...._ 'ft'" "~I Clerk of Coùrts' àhdrÇÙ!!r:K."" Ex-officio.·t:o' EO,arcf a~' \;~; ~ County Comrnís'~ibnerE. '..., .~ ~', : ~',,' \'\'; '.;;.:,~{'" \:l);c " ), '->:~' ~~.. .~·,·"':7/·;:",~-~ ". By: Ann J .~J ,.~,~.... _.,- Deputy Clerk"",,"" Communio/ Development and Environmental Services Division Comprehensive Planning Department · 2800 North Horseshoe Drive · Naples. Florida 34104 May 19,2005 COLLIER COUNTY GOVERNMENT Sue Filson Executive Manager to the BCC Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 OrJ. Z-éOi - C) g Sf e L; cd. }v1 +y, - J- () C 2/( I / ()..¡ 4, ~ ^ L I-e;-PJ 2- RE: TDR Conservation Easement Dear Ms. Filson: As you know, the Transfer of Development Rights (TDR) program was adopted by ordinance on February 11,2004. Its purpose is to direct growth away from environmentally sensitive lands in the Rural Fringe while providing a method of compensation to property owners in these sensitive areas. The method of protection involves the voluntary removal of residential development rights in exchange for TDR credits. Such removal is secured by a TDR Conservation Easement, which is recorded with the Clerk of Courts and attaches to the property, per LDC Section 2.03.07. The attached instrument represents the ftrst approved application for TDR severance and the fIrst such Easement to be recorded. As such, it requires the signatures of the County Attorney, the Chairman of the Board of County Commissioners and attestation by the Clerk of Courts. As discussed, this initial letter will advise that the ongoing program will result in many other Easements to be recorded in the future. If you have any questions, comments or concerns related to this or future signature requests, please do not hesitate to contact me. Very truly yours, J'7 -, / ,~.' , .'--'1 . V' \ '" (I /, / (..;... 'Î --? I .,,-' ~ , l Kris Van Lengen, Senior Planner Comprehensive Planning Department Approved: ~ ~ Štan Litsinger Comprehensive Planning Director APproVed~ !~ Assistant ounty Attorney c o .".. (~~. y c o ... ... " PhOi1lè '239) 403-2300 Fax (239) 643-6968 www.coIliergov.net 3682997 OR: 3872 PG: 1612 RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, PL 08/19/2005 at 04:09PM DWIGHT B. BROCK, CLBRK RBC FBB 78,00 DOC-.70 .70 COPIBS 9.00 MISC 1.50 ~ ( \J Prepared by and kindlv Record and return to: Comprehensi ve Planning Department 2800 N. Horseshoe Drive Naples, FL 34104 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR COLLIER COUN'J¥T 7240 TDR CONSERVATION EASEMENT THIS CONSERVATION EASEMENT is conveyed this /fctay of August, 2005, by Wayne and Susan Maahs, 2750 66th St., SW, Naples FL 34105 ("Grantor"), to Collier County, Florida. a political subdivision of the State of Florida, having a mailing address of: 330 I E. Tamiami Trail, Naples, FL 34112, (the County). RECIT ALS A. The County has adopted amendments to the Future Land Use Element of the Collier County Growth Management Plan ("FLUE Amendments") that are designed to prevent the premature conversion of agricultural lands to other uses and to direct incompatible uses away from wetlands and upland habitat in order to protect water quality and quantity, to maintain the natural water regime, and to protect listed species of fish, plants and wildlife and their habitats. B. The FLUE Amendments delineate a Transfer of Development Rights ("TDR") process in order to provide an equitable method of protecting and conserving the most valuable environmental lands, including large connected wetland systems and significant areas of habitat for listed species of fish, plants and wildlife, while allowing owners of such lands to recoup lost value and development potential through an economically viable process of transferring the development rights in such lands to other, more suitable lands. C. The Transfer of Development Rights process permits a landowner to sever development rights attached to the servient lands for transfer as developer credits (verified and registered with the County) (the "TDR Credits") to other lands more suitable for development. A condition precedent to FORM TDR 2 OR: 3872 PG: 1613 the establishment of the TDR Credits is the grant of a Conservation Easement impressed upon the Sending Lands (as hereafter defined) that restricts uses of such Sending Lands to those uses permitted under Subsection 2.03.08 A.4.b of the Collier County Land Development Code. D. The FLUE Amendments include establishment of a land use classification system identified as Sending Lands within the Rural Fringe Mixed Use District ("Sending Lands"). The Sending Lands classification includes those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and/or habitat for listed plant and animal species, such that the Sending Lands are principal targets for preservation and conservation. E. Grantor is the owner in fee simple of certain real property in Collier County, Florida, more particularly described in Exhibit "I" attached hereto and incorporated by this reference ("the Property"). As of the effective date of this Conservation Easement, the Property is designated as a Sending Land on the Future Land Use Map of the Collier County Growth Management Plan, F. Grantor desires to sever the development rights from the Property and to establish TDR Credits therefore in the manner specified in the Collier County Land Development Code. G. County and Grantor have agreed that it is appropriate to maintain the Property predominantly in its natural, open, agricultural or wooded condition and to retain such areas as suitable habitat for certain species of fish, plants and wildlife by restricting the uses on the Property to those set forth in Section 2.03.08 A.4.b of the Collier County Land Development Code. County has agreed to recognize and register 7.18 TDR Credits in exchange for the creation and conveyance of the Conservation Easement on the Property. H. This Conservation Easement is made pursuant to, and in full compliance with, the TOR process established in the FLUE Amendments and Subsections 2.03.07 D.4.f of the Collier County Land FORM TDR 2 2 OR: 3872 PG: 1614 Development Code to enable the transfer the TDR Credits to other lands and to impose the Conservation Easement on the Property. AGREEMENT In consideration of the mutual covenants, terms, conditions and restrictions contained and imposed by this Conservation Easement, including, but not limited to, the severance of development rights from the Property and the creation of TDR Credits, the parties agree to the following terms and conditions: 1. Recitals. The parties acknowledge that the foregoing recitals are true and correct. 2. Conveyance. Grantor hereby gives, grants, bargains, sells, and conveys to the County, and its successors and assigns, forever, a perpetual Conservation Easement over and across the Property, subject to the terms and conditions stated in this instrument and Grantor fully warrants the title to such Conservation Easement and will defend the same against the lawful claims of all persons whomsoever. 3. Purpose. The purpose of this Conservation Easement is to restrict the development and use of the Property, from which TDR Credits have been severed, in order to promote the protection and conservation of valuable environmental lands and to protect against the premature conversion of the Property from agricultural use. 4. Reserved Right of Possession. Grantor shall have the right to sell, give, or otherwise convey the Property or any portion of the Property, subject to the terms of this Conservation Easement; provided, however, the instrument of any such conveyance shall specifically set forth that the interest FORM TDR 2 3 OR: 3872 PG: 1615 thereby conveyed is subject to all of the terms and conditions of this Conservation Easement, and the instrument of conveyance shall incorporate this Conservation Easement by reference, specifically setting forth the date and page of its recording; provided, however, that the failure of any such instrument to comply with the provisions of this paragraph shall not affect the County's rights under the Conservation Easement. 5. Prohibited and Allowed Uses: Grantor and its successors and assigns may use the Property only for uses allowed in Sending Lands where residential density has been transferred, as set forth in the Collier County Growth Management Plan and Subsection 2.03.08 AA.b of the Collier County Land Development Code. 6. Effective Date. This Conservation Easement shall be deemed effective upon the date of its recordation in the Public Records of Collier County, Florida. Prior to the Conservation Easement being effective, the Grantor hereby agrees that it shall not allow any activities on the Property which are contrary to the terms and conditions contained in this Conservation Easement. 7. Enforcement. Pursuant to Section 704.06, Florida Statutes (2003) and the Land Development Code of Collier County, the terms and conditions of this Conservation Easement may be enforced by the County or its respective successors and assigns. This Conservation Easement may be enforced by injunction or proceeding in equity or at law. The ownership of this Conservation Easement by the County or the attempted enforcement of rights held by the County shall not subject the County to any liability for any damage or injury that may be suffered by any person on the Property or as a result of the condition of the Property. FORM TDR 2 4 OR: 3872 PG: 1616 8. Assignment. In the event that the County changes its corporate structure, terminates its existence, or takes any other action that would make County no longer qualified to hold this Conservation Easement pursuant to Section 704.06, Florida Statutes (2003), then County shall immediately assign this Conservation Easement to another governmental body or agency or a charitable corporation or trust as described above who is entitled to hold this Conservation Easement pursuant to Section 704.06, Florida Statutes (2003). 9. General. This Conservation Easement is granted pursuant to the Collier County Land Development Code, and shall be interpreted in accordance with laws of the State of Florida. All headings contained herein are for informational purposes only and shall not be construed as defining or limiting the terms of this Conservation Easement. 10. County's Discretion. The County may enforce the terms of this Conservation Easement at its discretion, but if Grantor breaches any term of this Conservation Easement and the County does not exercise its rights under this Conservation Easement, the County's forbearance shall not be construed to be a waiver by the County of such term, or of any subsequent breach of the same, or any other term of this Conservation Easement, or of any of the County's rights under this Conservation Easement. No delay or omission by the County in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. The County shall not be obligated to Grantor, or to any other person or entity, to enforce the provisions of this Conservation Easement. 11. Rights of the Public. Nothing contained in this Conservation Easement shall give or grant to the public a right to enter upon or to use the Property or any portion thereof where no such right existed in the public immediately prior to the execution of this Conservation Easement, except as may be granted or expressly authorized by Grantor. FORM TOR 2 5 OR: 3872 PG: 1617 12. Limitation or Severance of Invalid Provisions. If any provlslOn of this Conservation Easement restricting Grantor's activities is determined to be invalid or unenforceable by a court, such provision shall not be rendered a nullity if the provision can be reduced or limited to the extent that the court determines will make it enforceable and effective. If any provision of this Conservation Easement is determined to be completely invalid or unenforceable by a court, such provision shall be severed from the other provisions, and the remaining provisions shall remain enforceable and effective. 13. Modifications. This Conservation Easement may be modified only upon the written consent of both Grantor and the County, or their respective heirs, representatives successors or assigns; provided, however, no modification of this Conservation Easement may be made that would result in this Conservation Easement failing to qualify as a valid conservation easement under Subsection 2.03,07 DA.f.ii (a)(iii) of the Collier County Land Development Code. 14. Recording:. The County shall record this Conservation Easement in timely fashion in the Official Records of Collier County, Florida, and may rerecord it at any time the County may require to preserve its rights. Grantor, or such person to whom the Grantor conveys the TDR Credits severed from the Property, shall pay all recording costs and taxes necessary to record this Conservation Easement for the first time in the public records. 15. Successors. The covenants, terms, conditions and restrictions of this Conservation Easement shall run with the title to the Property and shall be binding upon, and inure to the benefit of, the respective parties hereto and their respective personal representatives, heirs, successors and assigns and shall constitute as a servitude running in perpetuity with the title to the Property. FORM TDR 2 6 OR: 3872 PG: 1618 IN WITNESS WHEREOF, Grantor and the County have executed this Conservation Easement on this day and year first above written. Executed and delivered in our presence as WITNESSES: GRANTOR(S): Signature%~~~~ L{.lr'~('~+ Printed Name: co,,-A-h 1'l2€:'.f\ 1¿.t'-cJ+ Signature: ~ ~ Printed Name: WP\ NC: Mp...",\o\~ Signature ~~ Printed Name: - . .:_ '._ _ 4 ~ O!J-J Signature ~~!f1!tf? Printed Name: . ,. A 14 S STATE OF FLORIDA COUNTY OF C2 CJ LL-f¿f'- The foregoing instrument was acknowledged before me this 11\ 11- day of f} tt C ¿l.r Î , , 20 /1 S~by w,f'rNé r Su./";fN ;t.<1 ,t:fIfH S , who is/are . ." Peggy Englert .. \{... . MyC.ommIUionD0203el1 Notar u ie, Sta e of Florida at L¡:ge "0"'.1 ExplfeS June 20, 2007 My Commission Expires: ¿;/~v .;20°7 Commission No. personally known to me or produced as identification NOTE: TIDS BOX IS A GRANTOR EXECUTORY TEMPLATE AND SHOULD BE ADAPTED TO REFLECT THE NATURE OF THE OWNERSHIP.I.E.. INDIVIDUAL. TRUST. CORPORATION. PARTNERSHIP. ETC. FORM TDR 2 7 Attest: Dwight E. nTOOk,. Clerk .,~ ...'~< " ?', ... i//.. CommL.coSltmers' "/", BY~~.~. b<: . ~;: "~ . D~út¥'~lerk Attè~·.~ì·~ a.t~..1 s i 9~~~' . Qt.' ~ ~ .:.',~. :.::/"' <~'.'.'~¡ . ~..t~l:i~..t~ ~,,,,¡,,,\\,,,'óio' ~OVe' . .·....'I'ò m and legal sufficiency: Assistant County Attorney FORM TDR 2 OR: )872 PG: 1619 GRANTEE: Board of County Commissioners of Collier County, Florida By7uJ-W. ~ Fred W. Coyle, Chairman 8 ~ _._-,~--~_." PI . ponrr or INTIRSBCTION BJf: . BKHCJI IiUt.RE. D .. DESCIUBIID CL '" CBIJtI ImJ: nNCI ~ -ÞSLTA m . fDI HYDJt&HT C = c.u.cuu.TBD CD 111 CATCB EWmI R= RADros rn: : 'PJNIDBD FlOOR. J:LEV. /II III WDSUBBD UP III U'J1LlTr POLl .-- an = G1JtA.GE Pit .. PRORA,11W WIll .. 'l'ATD JaTBR CEI .. æORD D13TANCB . .. an 1\2· STJŒL p~ LB 7268 ELIV ,. ELE'fJ. TlON B1J .. su.1fAU. CD B .. CHORD BIWIING o '" POUND STDL PIN we ., YITKESS COJQfER DP'UI .. DItAOO.GI AND PUBUC PC ... PODfT OF CURV'Ã'lVU o .. POtJ1rfD CONCRE'l'l MOrrollBHT liA .. NOT APPUCABL£ ummr........... ABBREVIATIONS 13 '" UCKHBI:II SUJlUYoa u .. IJCJ:NSIJ) BUSINESS S8 .. SI'I1NIlJŒ 8EÁD POL .. POINT ON 1JHB SND to SET PI: N.\IL .k DlR LB 72M Ó. '" STI' PJt HAD.. (NO D1SI:) OU "" 0"ß1WIAI) 1JTILITY Jt/l' :::J. RIGHT OF WAY POD .. POlNT OF B£GDiNlHG roc '" 1'000 or CQWlŒNCKMBNT £'" CIi:NTERUNB lOP '" EDGB OF P.lVIDŒHT PND '" POUND PI: HüL 1\ DISI.: P .. PLAT DISC, IV .. .....4n:ø VALva TOB '" TOP or B.lHl: - Bearings are based on the West Vacant r¿ i- h I h i 'f Line of Section 28 being Assumed ,( .\ ( North. Found Collier Brass Cap West 1/4 Corner Section 28 (T50-R27 ) y Easement Continues To Section Line ~ .-1 ~ I ~~\ PARCEL A ~I " ~ ~ ~I }~ ~ ~ +: c::::> c--..J ....0 ~ . . C) ø-. c--..J r- OO ~ Vacant . . ex:: c::> +: +: +: Found 3/4" No ID. I 3'5D, C¡O'M (4" x 4" Mon.) I Found 3/4" Pipe . .70 West --.,.J Lß ¡;;.,043 1Ì\--~ I I 93 I ~ I ~\? <:'1 ~ ~I~ <::'7504<;'1-1 ßq" 4-.5' :30" £ .....t'!i;;~ '\ >lil" LB ilio'L7 {''75,45'1-1 ...,. ~ <xJ c<1 &.75,31'M ::>.8'7° 4-5' ¡¡D" W, ~ ~ ~ .ì:¡ .~~.~ 15' Roadway Easement Per O.R. Book 659,P9' Collier Co..Fl. (Unimproved) N 1/2 ,NW 1/4,NW 1/4,SW 1/4 Section 28 (T50S,R27E) 5.12 Acres - 1\ I· I '" '" oJ - - " :::r t- el <J :2 \ 60' Roadway Easement Per O.R. Book 656,Pg. / Collier Co. ,Fl. ~r ~ <>0 <xi ~I /.r Dirt Trail I Vacant - 0 I <J V] Vacant I . I \ I o - - 732 35.905 Acres (Parcel "A" being excluded.) I \I~ .......... I Pipe i --1) \ Found 3/4" No IO, /3 4'q, ß 1 M &q" 4-Q' 19" W ... ¡\] Pipe Vacant Certified To: Wayne Carlton Maahs & Susan Germain Maahs A boundary survey was done on Juhe 23, 2005; the South property of "Parcel A" were not set due to high water conditions. corners The Northwest 1/4 of the Southwest 1/4 of Section 28, Township 50 South, Range 27 East, Collier County, Florida. Subject to a roadway easement over the easterly 15 Feet as described in OR BOük 659, Page 93 and a roadway easement over the westerly 60 Feet as described in OR Book 656, Page 732 of the public records of Collier County, Florida. Containing 41.025 Acres, more or less. Le~s and except "Parcel A" being more particularly described as follows: The North 1/2 of the Northwest 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section 28, Township 50 South, Range 27 East, Collier County, Florida. Containing 5.12 Acres, more or less. ALLEN SURVEYS, INC. SURVEYORS NOTES: · TRI8 PLAT or THE HIRION DBSCIQBSD PROP!R\'Y 18 A TJlUB AND CORlllCT REPRESBNTj110H OF It. RBaNT BU1I.RY WADI áHD PU,1TBD vtfDD lIlY DIDCI' SUPBR'P1SION .4HD TO THE Bß1' OF kY XNOWJ.IDÇg .urn BnIØ IiUT'S TBl IIßNDIUV TICIIN1CAL S'UN1WIJIS o\DOPTBD BY THI 1!f'I'J,1B OJ' MamA AS PIR C1W'TD OIG17 noBlDA AÐWINI!TB.&.1IßI: CODK PUJtIfUAHT 10 CBAFI'8B d7 nomD& STATUTBS · THlS SUJœ'( WAS PDfOlUŒÐ BASED UPON .4. ÐB:SCR1PTION ISSUBD VIRB.u.LY BY TØIt CUZNT .uro WJ1'1IOUT BZNØ1T OF AN AmTRACT or Trn.I.. TRB SUKYIYOR JUS IUD!: NO INDIlPENJ)BNT SKARCB Faa ~. OWNIRSBIP. RlSTRICT1VZ COVEH4NTS OR OTHER I?~ T1U,.T IUY üTlCT 1'J'1'1B. · NOTIl: 5tIBlIC1' TO 1J..ØWENT8 OR RlSTlUCTlONS or RECfJRD. · TBE8B J.BB NO VISIBL1 VlCROA.CIDŒNTS EXCEPT mosJ: SHOWN. · BI.B'IAnOHS SHOWN BAVI BUN SUJNKYEÐ FROU DJ,TJ: DDlIVID PROM TUX N¿TIONA.L G¡ODme SURVEY VUTlcaL DATU" MOtiU1lŒNT'9 (JDZP DATtTII) DCJ:PT WDft BLlVATtOl'fB ARB NO'lBD &oS BICING A3SUJßD. · TH18 BU1tnY DOES HOT DBTUUIINB OIL RZFLBCT 011'l1iRS!nP, T11't.&. 'ZONffiC oa mmow nw.. BHcmlBØANCD3 AND IS ONLY FOR TBB LANDS DItSCRtBID .uJOVE. · THIS SURVEY 13 POR mE SOU[ PURPOSES INTENDED BY THE SURVEYOR AND ONLY FOR 'I1tI: DiDMDUAL(S) J.ND/OR tHSTt1VTIOHS USTID .ulon I UNDD -CDTInE» TO-, THIS SURVEY IS NOT VAUD lIlTHOUT THE SIGNATURE AND THE RAlSED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER. CAPE CORAL, (239) 242-0097 PROFESSIONAL SURVEYING /I( MAPPING 19 DEL PRADO BLVD., N., SUITE K FLORIDA 33991 FAX (239) 458-8940 Jo- ¡: ÛlL SAM R. ALLEN PSM # 5803, LB 7258 BENCHMARK DESCRIPTION loJA. NA FIELD BOOK 50 £ E PAGE Ç¡ L[ So ELEVATION WilSÔnMiller® " New Directions In Planning, Design & Engineering TABLE OF CONTENTS 1. Cover Letter 2. TOR Application Form 3. TOR Conservation Easement 4. Map of Receiving Area/Map of Sending Area (Parcel Location Maps) 5. Heritage Bay Golf Course Areas for TOR Application Receiving Land (Golf Course Clubhouse and Maintenance Areas - Receiving Land) 6. Heritage Bay TOR Parcel Descriptions Sending Land (Parcel Descriptions - Sending Land) 7. TOR Parcel Offices strategically located to serve our clients 800.649.4336 Fort Myers Office 4571 Co! mial Boulevard. Fort Myers, Florida 33912· 239.939.1020. Fax 239.939-3412 I wilsonmilJer.com 10/13/2005440141 VeL 03'- TDOYLE CA#4J ND442-215-aoQ.. PCOR. 9157 WilsonMiller./nc. - FL LIe. # LC-C000770 WiIBØnMillere New Directions In Planning, Design & Engineering October 21,2005 Mr. Kris Van Lengen Senior Planner Community Planning Department Collier County Government 2800 North Horseshoe Drive Naples, FL 34104 Re: Heritage Bay - TDR Application Four Dear Mr. Van Lengen: On behalf of US Home, Wilson Miller is pleased to submit an Application for the use of TDRs relative to the development of the golf course at Heritage Bay. Please find outlined below an overview of the US Home/Heritage Bay development and the PUD requirement to use TDRs in the development of the golf course. Overview: 1. Heritage Bay is a Development of Regional Impact and a Planned Unit Development approved by the Board of County Commissioners on July 29,2003. 2. Under that approval, a maximum of 3,250 dwelling units could be built utilizing the Comprehensive Plan classification of Density Blending. No TDRs are required in order to create the residential components of Heritage Bay. 3. Section 5.5 of the Heritage Bay Planned Unit Development established the requirement that for golf courses located in Sections 13, 14, and 24, (the rural sections) of Heritage Bay 1 TDR shall be acquired for each 5 acres of land utilized for the golf course. 4. US Home is developing generally the east half of Heritage Bay. The western half is being developed by Centex. 5. Wilson Miller will file SDP applications for the Heritage Bay Golf Course clubhouse and maintenance facility. 6. US Home has now received plat approval for their portion of Heritage Bay with those plats being approved in January of 2005 by the County Commission and recorded in June of 2005. This plat covers the residential areas as well as the golf course, maintenance area, and clubhouse. 7. The golf course clubhouse and maintenance facility have been platted utilizing specific tracts. These two tracts total 13.38 acres. 8. Utilizing 13.38 acres, these tracts result in a TDR requirement of 2.68 TDRs on the basis of 1 TDR per 5 acres. Offices strategically located to serve our clients 800.649.4336 Fort MyelS Office 4571 Colonial Boulevard. Fort Myers, Florida 33912. 239.939.1020. Fax 239.939-3412 wilsonmiller.com iO/20:'2005- J,j136 Ver: 051- RWOODRUF t.P43 "J044.~< .- - ~,-,;").. ;:::COR- 9157 W,lsonM¡fler,lnc - FL Lie # LC-C000170 WiISÔnMiller' .. New Directions In Planning, Design & Engineering Kris Van Lengen Heritage Bay - TOR Application October 14, 2005 Page 2 9. US Home, through its agent and attorney Peter Gravina, has now secured Sending Lands sufficient to produce these TORs. 10. Collier County Government has approved a comprehensive plan amendment which modifies the ratio of TORs which can be produced from Sending Lands. The new ordinance was approved by the County Commission on September 27,2005. 11. This application utilizes the base TOR and the Early Entry TOR from the Sending Lands to generate the 2.68 TOR's. Therefore, a total of 6.69 acres of Sending Lands is required by this application. The additional credits generated by the attached parcel will be used by US Home on other SOP submittals or banked for future use. Please issue the TOR certificates in the name of Bayvest, LLC. As you review the attached documentation, please contact me at 239-939-1020 for clarification or for further information. Sincerely, VV;' iller inc. ýþ Richard L. Woodruff, OPA, AICP Senior Vice President Managing Principal cc: Russell Smith, US Home Steve Erek. WilsonMiller Dave W. Place. WilsonMiller 10/20/2005- 40136 Ver: 05(· RWOODRUF CA#43 N0442·215-QOO. PCOR· 9157 '--" <.:~ ",'~'" Sg!.(ier çounty ~ '~~Yn1 -,,-..- APPLICATION FORM SEVERANCE OF TRANSFER OF DEVELOPMENT RIGHTS (TDR) CREDIT CERTIFICATE RETURN TO: FOR COUNTY USE ONLY Date Received Completed Application Date CC Comp Plan Approval Date AR# Comprehensive Planning Dept. 2800 N. Horseshoe Drive Naples, FL 34104 Phone: 239-403-2300 By: By: By: TOR CERTIFICATE # Recordation Date: Separate Application Required Per Sending Land Owner The validity of the TDR Credit Certificate issued by the County shall be contingent upon the truthfulness and accuracy of the information included in this application. I. APPLICANT INFORMATION Name of Sending Land Owner (Must be completed): US Home Corporation Address: 10481 Six Mile Cypress Parkway City: Fort Myers State: FL Zip Code: 33912 Phone: 239-931-3849 Fax: Email: 3me of Agent (if applicable): Wilson Miller, Inc. (Richard L. Woodruff) Address: 4571 Colonial Blvd. City: Ft. Myers State: FL Zip Code: 33912 Phone: 239-939-1020 Fax: 239-939-3412 Email: RichardWoodruff@wilsonmiller.com II. STATEMENT OF INTENT I wish to sever... x TORs from the entire property, or a portion of the property. I want to retain... o (number) dwelling units with the property for existing or future development. I intend to... x maintain the property in private ownership, or (OPTIONAL) explore the possibility of conveying the property to Collier County or to another public or private non-profit agency. (OPTIONAL) I intend to sever the Base TOR and receive the Early Entry Bonus TOR from these properties. At a future date, I will explore the Environmental Restoration Bonus and the Conveyance Bonus. III. SENDING PROPERTY INFORMATION (attach additional listing as needed) ,1¡oiumber/Parcel Number(s): Note These numbers appear in the lower left ,:c'ner of your Collier County Tax notice. 1. 00342240007 2. 3. 4. 5. 6. 7. 8. 9. O. 1. THIS :NFORMATION REQUIRED FOR EACH FOLIO NUMBER ABOVE - (Attach additional Sheets as needed) Folio ~~o: Total þ,creage ')f f'Jroperty 00342240007 9.24 acres Total Acreage for which you wish to sever TOR Credits: 9.24 acres .~re there any existing dwelling units located on the property or for 'Nnlcn a \/alid building permit is in effect? If Yes, how many? Yes No x ;i,¡e there any other buildings on the property? If Yes, how many? If Yes, what uses? Yes No x as :he~e ùeen clearing for agricultural purposes on the property since June 22, 1999? Yes No x ~;"SC::-Cl~ 'lOW the property is currently being used (e.g. agriculture, home site, etc): I· ~ '~or Improvements. Property in natural veqetated state. - ~ any existing easements, deed restrictions or any other restrictions, items or covenants that could affect the ':.::!¡ty of the property? (e.g. power line corridors, access easements, conservation, etc.)Yes No X - ¡' ~é'se describe briefly _..__...~--------- ---,-~._--_.... - IV. NOTICES AND DISCLAIMER Any determination of TOR eligibility by the County in response to this application is only valid for the date of facsimile notification and is contingent upon verification of no change in land use or development order issuance prior to TOR Credit Certificate issuance and recording. Any determination of TOR Credits under this application procedure does not vest the applicant for the calculated numbers of TOR Credits until the TOR Credit Certificate is issued and recorded. IMPORTANT NOTICE: SEVERANCE OF A TDR FROM THE SUBJECT PROPERTY AND PLACEMENT OF THE PROPERTY UNDER A CONSERVATION EASEMENT IS IN PERPETUITY AND IS IRREVERSIBLE. V. BUYER'S CERTIFICATION OF TDR PURCHASE FROM SENDING AREA SELLER (if applicable) Number of Credits Sold, Conveyed, or Transferred: 3.70 TOR's Oate of Transaction: Consideration Paid: $0 Transfer between affiliated entities. (Must be a minimum value of $25,000 per TOR) Buyer/Grantee Bayvest, L. L. C. Sending Area Seller/Grantor U S Home Corporation Bavvest, L.L.C., herein is true and correct. ve, certify that the information provided Attach written evidence of the transaction (e.g. Contract of Sale NOTICE - BE AWARE THAT: Florida Statute Section 837.06 - False Official Statements La s t that: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provided by a fine to a maximum of $500.00 and/or maximum of a sixty day jail term." VI. /~PERTY OWNER CERTIFICATION I hereby éertifý that the information furnished on this application and the attachments are true and correct, that,l am the)egal owner of the property described above, that I have marketable title to the property, a~d tha(tve l-;:Pht to sever the residential development rights from the property. /'~-'lJV \0\ \1105 Signafúfit of Own~r Russell R. Smith Date ~President, U S Home Corporation ---, Signature of Co-Owner Date NOTICE - BE AWARE THAT: Florida Statute Section 837.06 - False Official Statements Law states that: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the ~rformance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provided .Jy a fine to a maximum of $500.00 and/or maximum of a sixty day jail term." VII. APPLICATION CHECKLIST Is the following information attached? I o A copy of the Warranty Deed for each lot or parcel as recorded in the public records of the Clerk of Courts of Collier County, Florida per the folio number(s) above. Also a legal description of the acreage from which the TORs are being severed, if less than the entire property. Note: More than one lot or parcel may be identified by a single folio number. ø A title search, or other evidence, establishing that prior to the severance of the TOR Credits from the Sending Lands, such Sending Lands were not subject to any conservation easement, deed restrictions or any other restrictions, item or covenant that could affect residential development. Q Completed and executed original "TOR Conservation Easement".(County form TDR2) [The County recommends that you consult an attorney prior to executing Form TDR2]. G Application fee: $250 non-refundable due with application. An additional $25 per TOR, not to exceed $2500, will be due upon facsimile notification of TDR(s) approved, prior to issuance and recordation. VIII. ADDITIONAL NOTES OR INFORMATION (Optional) Overview: 1. Heritage Bay is a Development of Regional Impact and a Planned Unit Development approved by the Board of County Commissioners on July 29, 2003. 2. Under that approval, a maximum of 3,250 dwelling units could be built utilizing the Comprehensive Plan classification of density blending. No TOR's are required nor needed in order to create the residential components of Heritage Bay. 3 Section 5.5 of the Heritage Bay Planned Unit Development established the requirement that for golf courses located in Sections 13, 14, and 24, (the rural sections) of Heritage Bay 1 TOR shall be acquired for each 5 acres of land utilized for the golf course. 4 US Home is developing generally the east half of Heritage Bay. The western half is being developed by Centex. 5. Wilson Miller will file SOP applications for the Heritage Bay Golf Course clubhouse and maintenance facility. 6. US Home has now received plat approval for their portion of Heritage Bay with those plats being approved in January of 2005 by the County Commission and recorded in June of 2005. This plat covers the residential areas as well as the golf course, maintenance area, and clubhouse. 7 The golf course clubhouse and maintenance facility have been platted utilizing specific tracts. These two tracts total 13.38 acres. 8. Utilizing 13.38 acres, these tracts result in a TOR requirement of 2.68 TOR's on the basis of 1 TOR per 5 acres. 9. In order to create 2.68 TOR's, Bayvest, LLC has purchased land in the Sending Area of the Rural Fringe Mixed Use District. Utilizing a ratio of 2 TOR's per 5 acres (Base TOR plus Early Entry TOR) equals the requirement of 6.69 acres of Sending Land to generate the necessary 2.68 TOR's. ......--....- IX. LETTER OF AUTHORIZATION FOR TDR APPLICATION (Required if owner is represented by an agent) Signed: Richard L. Woodruff (Name of Agent - typed or printed) to serve ¡cation for the severance of TOR Credits from property identified in the Application. Oate:MJ1J 0 ( I hereby certify that I have the authority to make the foregoing application, and that the application is true, correct and complete to the best of my knowledge. Richard L. Woodruff. Wilson Miller. Inc. Name - Typed or Printed STATE OF (J ß.".... c.JiL. ) COUNTY OF ( h.u.. ) Sworn to and subscribed beç "y -rn~ I? . (N ary Public) h day of Ù~ ,200S CH~OSE ONE OF THE FOLLOWING: who is personally known to me, who has produced MY COMM ". ØS!T R. CORRIGAN f.'f" '. ~Ä MY COMMISSION' DD 200423 ~. .~f EXPIRES: April 6, 2JYJ7 ··"~iif.,f.,~' Bonded Thru NoIaIy P\.tIIc UndIrwrbII and as identification '/. did take an Oath did not take an Oath NOTICE - BE AWARE THAT: Florida Statute Section 837.06 - False Official Statements Law states that: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant In the peñormance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provided by a fine to a maximum of $500.00 and/or maximum of a sixty day jail term." This document prepared by: Peter J. Gravina, Esquire 1833 Hendry Street Fort Myers, Florida 33901 (space above line for recording information) BILL OF SALE This Bill of Sale evidencing the sale and conveyance of the right to receive Collier County, Florida, Transfer of Development Rights Base Credits and Early Entry Bonus Credits (hereinafter referred to as "TDR Credits") is made this day of October, 2005 by U.S. Home Corporation, a Delaware corporation (hereinafter referred to as "Seller") and Bayvest, LLC, a Florida limited liability company, its successors and assigns (hereinafter referred to as "Buyer"). WITNESSETH: That said Seller, for and in consideration of the sum ofTen Dollars ($10.00) and other good and valuable consideration to said Seller in hand paid by said Buyer, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred, set over and delivered, and by these presents does grant, bargain, sell, transfer, set over and deliver unto the Buyer, and the Buyer's heirs, successors and assigns forever, all those certain Base TDR Credits and Early Entry Bonus TDR Credits severed from the following described lands situated, lying and being in Collier County, Florida, to wit: See Exhibit "A" attached hereto and incorporated by reference herein The Seller, for itself and its successors, hereby covenants to and with the Buyer and its successors and assigns that it is the lawful owner of the said personal property herein referred to as TDR Credits; that it has good right, title and authority to sell same, and that it will warrant and defend the same against the lawful claims and demands of all persons whomsoever. Seller and Buyer are used for singular and plural, as the context requires. IN WITNESS WHEREOF, Seller has caused these presents to be executed the date and year above written. Signed, sealed and delivered in tlte pres,ence 0G~ p~s;-~ '?'€~ \j ~: K "1.\Q,-Q;-Ut..~ Prin name: F~\µ; K 7"~"\r.\(bv,( k STATE OF FLORIDA COUNTY OF L~c_ (SEAL) - The foregoing instrument was acknowledged b~for~his ~ \ ~ay of October, 2005 by ~L\~~ \ \ ? ~\"(\~~\r¡ as VIe. Q..-s',r~-QV'\~· of U.S. Home Corporation, a Delaware corporation, on behalf of the corporation. ~/she is -/ personally known to me or has produced as identification. ~ ~rÅÀÞ.'U ~ k Sign e, Notary PublIc My commission expires: S/d-Cloe; . , J',~y ~(;\- .~'". '1~..:~: "'t O,,~O Notary Public State of Flonda ~Jikl K StarbuCk My Cnrnrnlssion DD406257 Exp¡tes U5120/2009 17:\ \VPDA T A\CM\CLIENTS\U.S. Home\Heritage Bay TDR'S\Revised Bill of Sale IO-20-05.doc EXHIBIT "A" HERITAGE BA Y The East ~ of the W est ~ of the Southwest '14 of the Southwest '14, less the South 100 feet thereof for road purposes, lying and being in Section 33, Township 49 South, Range 27 East, Collier County, Florida. -¡¡¡-,'iI in' ,0/(1 kindh' ,/",i illld re[urn (0: ,j'1!rchcnsivc Planning Department '\.'. Horseshoe Drive ::les. FL 34104 COLLIER COUNTY TDR CONSERVATION EASEMENT THIS CONSERV A nON EASEMENT is conveved this davof . -- , 20 ___. by ,111 c/Address: US Home Corporation. 10481 Ben C. Pratt. Six Mile Cvpress, Ste 100, ;1 \-fvers, FL 33912-6460 ,i';mtor"). to Collier County, Florida, a political subdivision of the State of Florida. having a ¡ing address of: 3301 E. Tamiami Trail, Naples, FL 34112, (the County), RECIT ALS ,\. The County has adopted amendments to the Future Land Use Element of the Collier ill' (Ìro\vth Management Plan ("FLUE Amendments") that are designed to prevent the premature :"j\)!1 of agricuIturallands to other uses and to direct incompatible uses away from \vetlands and >, 1 habitat in order to protect water quality and quantity, to maintain the natural water regime, and to . l i ¡'ited species of fish, plants and wildlife and their habitats. B. The FLUE Amendments delineate a Transfer of Development Rights ("TOR") process ¡'cT [I) provide an equitable method of protecting and conserving the most valuable environmental . nc!uding large connected wetland systems and significant areas of habitat for listed species of . !ants and wildlife, while allowing owners of such lands to recoup lost value and development ilÍ through an economically viable process of transferring the development rights in such lands to ,,)re suitable lands. The Transfer of Development Rights process permits a landowner to sever development :d~heJ to the servient lands for transfer as developer credits (verified and registered with the i{ 2 County) (the "TOR Credits") to other lands more suitable for development. A condition precedent to the estab]ishment of the TOR Credits is the grant of a Conservation Easement impressed upon the Sending Lands (as hereafter defined) that restricts uses of such Sending Lands to those uses pennitted under Subsection 2.03.08 AA.b of the Collier County Land Development Code. D. The FLUE Amendments include establishment of a land use classification system identified as Sending Lands within the Rural Fringe Mixed Use District ("Sending Lands"). The Sending Lands classification includes those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and/or habitat for listed plant and animal species, such that the Sending Lands are principal targets for preservation and conservation. E. Grantor is the owner in fee simple of certain real property in CoIlier County, Florida. more particularly described in Exhibit "1" attached hereto and incorporated by this reference ("the Property"). As of the etTective date of this Conservation Easement, the Property is designated as a Sending Land on the Future Land Use Map of the Collier County Growth Management Plan. F. Grantor desires to sever the development rights rrom the Property and to establish TDR Credits therefore in the manner specified in the Collier County Land Development Code. G. County and Grantor have agreed that it is appropriate to maintain the Property predominantly in its natural, open, agricultural or wooded condition and to retain such areas as suitable habitat for certain species of fish, plants and wildlife by restricting the uses on the Property to those set forth in Section 2.03.08 AA.b of the Collier County Land Development Code The County has agreed to recognize and register 1.85 TDR Base Credits and 1.85 TDR Early Entry Bonus Credits in exchange for the creation and conveyance of the Conservation Easement on the Property. FORM TDR 2 2 H. This Conservation Easement is made pursuant to. and in full compliance with. the TDR -", ê~tahlished in the FLUE Amendments and Subsections 2.03.07 D.4.f of the Collier County Land !upment Code to enable the transfer the TDR Credits to other lands and to impose the Conservation ment on the Property. AGREEMENT I n consideration of the mutual covenants, tems, conditions and restrictions contained and ¡-",-;ec! by this Conservation Easement, including, but not limited to, the severance of '. iopment rights from the Property and the creation of TDR Credits. the parties agree to the \\ ing terms and conditions: I. Recitals. The parties acknowledge that the foregoing recitals are true and '·'·,:Ct. .., Conveyance. Grantor hereby gives, grants, bargains. sells. and conveys to the County, h ~ucccssors and assigns. forever. a perpetual Conservation Easement over and across the "-',-¡y. subject to the terms and conditions stated in this instrument and Grantor fully warrants the . ',j such Conservation Easement and will defend the same against the lawful claims of all "ílS whomsoever. 3. Purpose. The purpose of this Conservation Easement is to restrict the development e of the Property, from which TDR Credits have been severed. in order to promote the protection ,nser\ation of valuable environmental lands and to protect against the premature conversion of Derty from agricultural use. iH: ., -' 4. Reserved RÌ1zht of Possession. Grantor shall have the right to sell, give, or otherwise convey the Property or any portion of the Property, subject to the terms of this Conservation Easement; provided, however. the instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to all of the terms and conditions of this Conservation Easement, and the instrument of conveyance shall incorporate this Conservation Easement by reference, specifically setting forth the date and page of its recording; provided, however, that the failure of any such instrument to comply with the provisions of this paragraph shall not affect the County's rights under the Conservation Easement. 5. Prohibited and Allowed Uses: Grantor and its successors and assigns may use the Property only for uses allowed in Sending Lands where residential density has been transferred, as set forth in the Collier County Growth Management Plan and Subsection 2.03.08 AA.b of the Collier County Land Development Code. 6. Effective Date. This Conservation Easement shall be deemed effective upon the date of its recordation in the Public Records of Collier County, Florida. Prior to the Conservation Easement being effective, the Grantor hereby agrees that it shall not allow any activities on the Property which are contrary to the tenus and conditions contained in this Conservation Easement. 7. Enforcement. Pursuant to Section 704.06, Florida Statutes (2003) and the Land Development Code of Collier County, the tenus and conditions of this Conservation Easement may be enforced by the County or its respective successors and assigns. This Conservation Easement may be enforced by injunction or proceeding in equity or at law. The ownership of this Conservation Easement by the County or the attempted enforcement of rights held by the FORM TOR 2 4 · 1Unty shall not subject the County to any liability for any damage or injury that may be ,; il~red by any person on the Property or as a result of the condition of the Property. 8, Assignment. In the event that the County changes its corporate structure, _:il1inates its existence, or takes any other action that would make County no longer qualified ': hold this Conservation Easement pursuant to Section 704.06, Florida Statutes (2003), then Llnty shall immediately assign this Conservation Easement to another governmental body or ~:;ncy or a charitable corporation or trust as described above who is entitled to hold this ,Jl1sèfvation Easement pursuant to Section 704.06, Florida Statutes (2003). 9. General. This Conservation Easement is granted pursuant to the Collier County .dld Development Code, and shall be interpreted in accordance with laws of the State of 1¡-ida. All headings contained herein are for informational purposes only and shall not be ,1strucd as defining or limiting the tem1S of this Conservation Easement. 10. Countv's Discretion. The County may enforce the tenns of this Conservation l-i':ll1cnt at its discretion. but if Grantor breaches any tenn of this Conservation Easement and the ,1111} does not exercise its rights under this Conservation Easement the County's forbearance ¡ l10t be construed to be a waiver by the County of such tenn. or of any subsequent breach of the ,:1\.:. l)r any other tenn of this Conservation Easement or of any of the County's rights under this :bcrvation Easement. No delay or omission by the County in the exercise of any right or remedy :l any breach by Grantor shall impair such right or remedy or be construed as a waiver. The ::m shall not be obligated to Grantor. or to any other person or entity, to enforce the provisions ¡~ Conservation Easement. "DR: 5 '..__"_"~~~_'."'_'W"'''_'__'"'''''"~"''· ..~''""___.'.. 11. Rights of the Public. Nothing contained in this Conservation Easement shall give or grant to the public a right to enter upon or to use the Property or any portion thereof where no such right existed in the public immediately prior to the execution of this Conservation Easement, except as may be granted or expressly authorized by Grantor. 12. Limitation or Severance of Invalid Provisions. If any provision of this Conservation Easement restricting Grantor's activities is determined to be invalid or unenforceable by a court, such provision shall not be rendered a nullity if the provision can be reduced or limited to the extent that the court determines will make it enforceable and effective. If any provision of this Conservation Easement is determined to be completely invalid or unenforceable by a court, such provision shall be severed from the other provisions, and the remaining provisions shall remain enforceable and effective. 13. Modifications. This Conservation Easement may be modified only upon the written consent of both Grantor and the County, or their respective heirs, representatives successors or assigns; provided, however, no modification of this Conservation Easement may be made that would result in this Conservation Easement failing to qualify as a valid conservation easement under Subsection 2.03,07 DA.f.ii (a)(iii) of the Collier County Land Development Code. 14. Recording. The County shall record this Conservation Easement in timely fashion in the Official Records of Collier County, Florida, and may rerecord it at any time the County may require to preserve its rights. Grantor, or such person to whom the Grantor conveys the TDR Credits severed from the Property, shall pay all recording costs and taxes necessary to record this Conservation Easement for the first time in the public records. FORM TDR 2 6 15. Successors. The covenants. terms. conditions and restrictions of this Conservation ;;~cment ~hall run with the title to the Property and shall be binding upon. and inure to the benefit of. ,'.: respective parties hereto and their respective personal representatives. heirs. successors and assigns nd.;hall constitute as a servitude running in perpetuity with the title to the Property. IN WITNESS WHEREOF, Grantor and the County have executed this Conservation Easement !! dJis day and year first above written. :-.ccuted and delivered n lJur presence as WITNESSES: GRANTOR(S): '''aLur~j . ~~ . _, \;- ~oJ,,- L(' !.< 1!L'Ll Name. I ~, "-" ,- C'.'{" ¥J\."t. K ~}.:!~ /. . // US Home Corporat~V / (/ fk-' '~ ! ----- - ~ Signature: < ... / Printed N'ãrñe: ussell R,lmith, Vice President f II \..J (-' ~. '~ '1 "nature: ~. I 9 <;ncJ Name: :5rB+1f.¡...) P E~ Signature: Printed Name: . \TE OF FLORIDA ;l"iTl' OF \-.Q.~ The foregoing instrument was acknowledged before me this ~ day of - 20.Q5..., by ~ \..\~xr:..\ \ ~ r::>'f"'~, ;-\\ \, who IS '" .,,1 '" \ , ~ '.1nally known to me or produced as identification '£-1, K 2\C>-A Q,'4t~ Not ry Public, State ofFlonda at Large My Commission Expires: 5/ ;)..('; lOa.. Commission No. bD I...\[;~. ~rl.S'1' ~--:;:::~--..~,~-:::-- ;.0 ,,\11"' ~(.lC'" _. 1~,,,"Jrare 01 "Ionda :1 . ~Ii!f. .\I,,, h "l2~n"n i ~~-';.,~.:¡f: .~:..;.{ ,\,ty CU(;1~ISS;on OD4Cô257 ~ c."",.~..-.-~,-:,~~ expires !.i5/2Q,'2CO} Û -=--=--=--. ~ <OF:; THIS BOX IS A GRANTOR EXECUTORY TEMPLATE AND SHOULD BE ADAPTED _ .ŒFLECT THE NATURE OF THE OWNERSHIP.I.E.. INDIVIDUAL. TRUST. : PO RATION. PARTNERSHIP. ETC. : '"DR.: 7 Attest: Dwight E. Brock, Clerk Commissioners GRANTEE: Board of County Commissioners of Collier County, Florida Byt}u....c'.: (~. (f,~crltoW ,.DC By: ~ I,,'. G k i i Deputy Cl rk' Fred . Coyle, Chainna~ v Attut-.S to Cbl1run's 1 U ~ , .tgll&tIIr~. ~l y. Ap 0 e FORM TDR 2 8 EXHIBIT 1 Heritage Bay TDR Parcel Descriptions (Sending) TOR Parcel: The East 1/2 of the West 1/2 of the Southwest 1/4 of the Southwest 1/4, less the South 100 feet thereof for road purposes, lying and being in Section 33, Township 49 South, Range 27 East, Collier County, Florida, (Folio Number 00342240007); 9.24 acres ± ;:;~:-:~ r I ! Tra I I' (; I "I) ,. TllIa exhIbit __ _rwd utilizing GIS _ by _. sou",.., which mllY Include but not be 11m_Ie _ntl, Billie, DIstrict, Bnd 1000011lgencles. TIll. property ownership dBtll h.. not -.. IfIIrlfIed by WllsonMl''''' for accu.cy. c-·~ Neutral Zone ~ Receiving Zone 4IIÞ Sending Zone .. US Home TDR Parcel ;;.... ¡..." ~~ ~~ (-. C """v a~ ~I~ kJl"'¡ ...¡''''¡ C v \ \ GULF 0/:;' J}lEX/CO t I: II Ii '1 ¡ , ..¡..·t ; I \ ¡ I \ 'i t ¡ 1'+····1··..+·_+·,,·1..+__ '·+·~i-..~..J.. +.... j--.t ...i ..; , , j. \ ¡ i. ,I l I I I : , ..LJ ....L.j".. ¡ i ! Ii '!! ¡ '. . r i. ...'. ¡·..···..f-··-y·..,··,..··..·t---..L.·, :1 I , ! 1 -_I " ~ '- ! ¡ ·'1 ,,1- i --r'" - -----1"---+t,,' : \ "t - ! _ ¡ ¡ ! ' ! 1 ! ¡ ¡ .,>.......!,!....1.¡..L;J ...,....J..J....:.!,....~j,,,. \. '¡ I ¡I' ,ur + . '0.-1-:.'. ·n.. >< ,~,' 1 i ' :1-I-'+li ! ".,..j.....~. -!- ~~ ,,/f"M_'! .,...._.. ....1 ¡ , : ¡ ! ! ¡ '''--r r~~··'···_··-~ j , t I r .u.L...."J. ! I Ji í ! ~.. F,~· r" i ;··:...1 ¡ ! .~_.j --""1 ! "'j I i .j+ , t· I. i ì ; ..4.. ..., ! ......, -... .~"¡......_...~_. . I ....1.. ¡ ¡ -~ '.H"¡'" ~.!-,<...,.t . +.-. j ».... ..-.... ì I ";''1 I ... ...¡. ·,·......L. , ~ . i ¡ ..L·+'··¡··I m'l "1 ···..T··· ! ,.+.. ! I J~"f~~~,?L.. . t. .~.+J,.. I ' f ·1....·, I , ¡ ,...........,._."'..) I J ¡ I ...1 I I ! ¡ j I : - +..... .) .... ': . - ..1..." +...__, ...~".; I' Ii i," Ii 'I I ......L.. r·-¡..r~"r'"I·-I·--i-..! . i . ¡ ! i : i Ii ' "1"-;" "1"['--1'--1+-1' 'T' ;. I ¡ : I I ¡! í 'I --to, ["1"--1''''(''1' ·'......'··t...+-+.. .. 'l'¡ j . ..L.f...I .~. .¡......~.. ,. .../...!...!.....L. "r:.'.. j i i ¡ : I ! ¡ i .......j.. i I Ii ! 'I i: j' i d.. ...; .;...j....!..¡ r"; t-r ¡ : i . 4 ; : I ; , ' ! \ i . .,..... i.. ., '-+- "" j I I , i ,_....1'... :- ....'I "j....-I·.. -~.."t....'1 ï": :+. ¡:: ~. .J....f...J.--L\.J . f..L.! I ¡ I i :. ¡ ¡ ! I/NtERsiA TE ...--. .¡-. US Home 9.24 Acre TDR Parcel Folio #00342240007 i ¡ ¡ "¡-'f-' ··-··'''''···--.....wm...., ì Neutral Zone r) Receiving Zone ~ Sending Zone cþ US Home TDR Parcel CI''oJfR^L 'oJ01IS ,. Thla exhibit...... prefMred utilizing GIS _ by VII_. soun:es, which may Include but not be "mlled to _rei, stele, DIatrkt, end locaIagene"'. Thl.. property ownership _".. not _ _ by WlI_MII"" for accuacy. .......,Jt.. Lf:C I: 'oJ D ;' 1 ' T D R PAR eEL L 0 CAT ION MAP - 2 l~W/!!ls~@BtiNJ¡¡fj!lff/j' Heritage Bay Golf Course Clubhouse and Maintenance Facility Areas TDR Application Four (Receiving Lands) Tract "E", (Clubhouse) Heritage Bay, Plat Book 43, Pages 15 through 45, Collier County, Florida, Area = 1 0.82 Acres ± Tract "0", (Maintenance Facility) Heritage Bay, Plat Book 43, Pages 15 through 45, Collier County, Florida, Area = 2.56 Acres ± Total Area: 13.38 Acres ± 10121/2005- 39844 Vo, 02'- SEREK C_3 N0«2-215-000- SLGL- 9222 Heritage Bay TDR Parcel Descriptions (Sending) TDR Parcel: The East 1/2 of the West 1/2 of the Southwest 1/4 of the Southwest 1/4, less the South 100 feet thereof for road purposes, lying and being in Section 33, Township 49 South, Range 27 East, Collier County, Florida, (Folio Number 00342240007); 9.24 acres ± 10113/2005- 40087 Ver: 06'- SEREK CAAL43 N0442-215-000- SLGL- 9222 N ~ o <:) :;J} (\ 0.... 0.. (\ ~ ..... c ï::: 0.... OJ U 1- CU c.. c:: o I- OJ 1- U « o::j" N 0"\ ~ ~ i' ~ ! i ~ š ~ ~ ~ ~ J j J J I J DO 01 enu. f30en "£:!en ..., 0"'" en oUJUJ ""'''«,......J g~UJ~:!t ~~~~~ N VJ M NcioMen . ;:1;t-z ··u.u 0«..15°« °ZGl:;:¡~1O ï.: - E a.;:: N .8>CII·c~m E~:=en~ =ø cu.èì:: Z"S_0t- OGlGlCIINU. = E 1: 01- 0 .f~(/).3~~ 1:1 OJ 1:1 .;; e Q. !!! t1I 1:1 .91 ëi. ê o 1:1 OJ '" '" !!! Q. )( OJ '" .91 ë t1I t: t1I ~ o c:: ¿ .2 ~ oS! .S OJ (¡j '9 g Q. ::J 1:1 c:: t1I JB !!! ::J . 85 tV;; 1ií1'9 o!!! Ee- ~.~ 0>", C:!:: ~o §.g g;: ¡""- ~.~ E~ E~ 81'9 .!! ~ ~~ .~ :: Q.oS! Q. « ~ 8- e Q. ¡:. c:: ::J o () .!! 'ð () OJ :; .J!! ~ ~ .~ .ï ~ 8- o d: ¡:. c:: ::J o () ~ õ () "<i o o N @ I , ..! I I ,J ~ - ¡ c ( I C , c ~ ( ( c ~ o c ~ o (: ~ J (: .... .... ~ Details Page I of 1 - Current Ownership Folio No.11 00342240007 Mill!" Property Addressll NO SITE ADDRESS Owner Name" GRAVINA TR, PETER J Addressesl' UTD 09/23/04 , 1833 HENDRY ST City" FORT MYERS " State II Fl Zip" 33901 - 3054 legal 334927 E1/2 OF W1/2 OF SW1/4 OF SW1/4 lESS S 100FT RJW 9.25 AC. Section II Township II Range II Acres 33 /I 49 II 27 II 9.24 Sub No. II 100 1/ ACREAGE HEADER '1J Use Code II 99 II NON-AGRICULTURAL ACREAGE I I /I .Ið MiJlilg~ Area II II 287 II Map No. 4C33 Strap No. 492733 001 ,0054C33 .Ið Mmªg~ 12.8115 2005 Preliminary Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll I land Value II $ 92,400.00 I I (+) Improved Value " $ 0.00 I Latest Sales History (=) Market Value $ 92,400.00 (.) SOH Exempt Value $ 0.00 (=) Assessed Value $ 92,400.00 H Homestead and other Exempt Value $ 0.00 (=) Taxable Value $ 92,400.00 Book - Page Amount 3676 - 3748 $ 95,000.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. -- The Information is Updated Weekly. h n:~: \\ '\vw .collierappraiser.comlRecordDetai1.asp?F 01ioID=0000000342240007 10/20I2Q05....u EXHIBIT "A" The East ~ of the West ~ of the Southwest X of the Southwest X, less the South 100 feet thereof for road purposes, lying and being in Section 33, Township 49 South, Range 27 East, Collier County, Florida. -.-'--'. ,._u._.,~,.",__".=""~,,____<."_~....~ ~l: lDSE r:/ tV L ~\W FIRM Charles Mann 'c'::'RY STREET, FORT MYERS. FLORIDA 33901 I P.O, DRAWER 1507, FORT MYERS, FLORIDA 33902-1507 I (239) 334.2195 FAX (239) 332-2243 Direct Dial: (239) 336-6242 email: charlesmann(â)paveselaw.com October 21, 2005 Collier County Board of County Commissioners 3301 Tamiami Trail, E Naples, FL 34112 RE: Application by U.S. Home Corporation for Severance of Transfer of Development Rights Dear Sir/Madam: This letter is being written pursuant to the above-referenced application for the Severance of Transfer of Development Rights. I am writing this letter on behalf of U.S. Home Corporation, the current owner of the sending lands (the "Property"). A legal description of the Property is attached to this letter as Exhibit "A", Please be advised that I have reviewed pertinent title policy for the Property, which policy is referenced by American Pioneer Title Insurance Company Policy No. OP-9-0318.03-5835, effective November 10, 2004. I have also reviewed a title search of the property from November 10, 2004 to October 4, 2005. The above-referenced documents revealed that there has been no prior severance of TOR credits from the property and that the property is not subject to any conservation easement, deed restrictions or ---any other restrictions, easement, item or covenant that prohibits reside,n';(,' development, however, , there is no insured right of access to the Property. / / / CM/ro Enclosure cc: Client CWPDATAICMICLIENTSIU.S HomelHe"tage Bav TDR'SIRevlsed letter #3 - Appilcalion of Transfer of Development Rights 10-21-05.doc 3501 l',llJRDOŒ CIRCLE I 4524 GUN CLUB ROAD PORT CH."RcOITE. FLORID." j3948 WEST P.\LM BEACH, FLORID.\ 33415 0.¡:: ':35-:,095 (5611471-1366 -T',r'l 8:"\iJ " ')Cn)..: 461 S. MAIN STREET LABELLE, FLORIDA 33935 (8631 675-5800 - -^".------..- ~"»--,',. ._.._~--~~>" R@tn: PAVISI LAr PrRK P 0 BOl 1507 1T mRS 1L m02 1501 ttt 3710437 OR: 3903 PG: 3083 ttt RICORDBD in the omCrAL RBCORDS of COLLIBR coum. n 1010412005 at 02:08PKDWIGHT B. 8ROCI. CLJRI Return to: Peter J Gnlvina, Esqu,re N &me Pavese. Hav<rlieJd, el oJ. Addless Cowthouse Box J 8 RJC 111 OOC-.10 This mstrumcnl was prepared by: Peter J Gravina. Esquire Name PAVESE LAW FrRM Address Propmy Appraiser's PIn:d Identification No. 00342240007 1833 He.dry Surel Post orner Dr..... 1507 FORT MYERS.. FLORIDA 33902 GranIJ:c 5 5. No. GranlJ:c 55. No. THIS INDENTURE W1oernr, II.St!d Mr.,... the k,m "f"'I'IY" sNzll brei... ,he heirs. personal rrprr~ntatMs. JJK:cusars and/or _'PS of the rrlp«liv< parlies herrto; the II.St! of lhe smgulm _he, sholl include lhe plural. and /he plural the singular.. lhe II.St! of any go"" shall brei... all go"''''' and. if 1I.St!d. /he I.,.", "nOI." sNzII include all the notes herrin tkscnhed if mare thon a.... Made this ~ day of ~ ~ , 200S, Between, Peter J. Gravina, Trustee under Trust Agreement dated tbe 23rd day of September, 2004, whose post office address is 1833 Hendry Streel, Fort Myers, Florida 33901, pany oflhe firsl part, and U.S. Home Corporation, a Delaware corporation, whose pOSI office address is 10481 Six Mile Cypress Parkway, Fon Myers, Florida 33912, pany of the second pari, 1. p~ fWitness #1 ~ ¿ -..Þ.. . ~) (Seal) Printed name ~~. Witness #2 J(er.dr: _ K. ~ ,.,.{,.,.- ~ Printed name of Witness # STATE OF FLORIDA COUNTY OF LEE The foregoing insrrument was acknowledged before me Ihis /;l day of~,L 2005. by PETER J. GRA VINA, TRUSTEE, who is personally known me and who did nol take oath. ;':"' ~ Jenn".,. l o.nc". \. '/. . My COm",,"-, 003ðe~1 .....,; E"0w'8t1 NO"'~Der02 2008 My Commission Expires: H.OO .70 WiISÔnMiller® ,.. New Directions In Planning, Design & Engineering TABLE OF CONTENTS 1. Cover Letter 2. TOR Application Form 3. TOR Conservation Easement 4. Map of Receiving Area/Map of Sending Area (Parcel Location Maps) 5. Heritage Bay Golf Course Areas for TOR Application Receiving Land (Golf Course Areas - Receiving Land) 6. Heritage Bay TOR Parcel Descriptions Sending Land (Parcel Descriptions - Sending Land) 7. TOR Parcel 1 Offices strategically located to serve our clients 800.649.4336 Fort Myers Office 4511 Colonial Boulevard · Fort Myers, Florida 33912. 239.939. 1020. Fax 239.939-3412 wilsonmil/er.com 1011312005· 40141 Ver: 02!~ TDOYLE CAIM3 N0442·215·000. PCOR- 9157 WilsonMifler,lnc. - FL Lle_.t L C· CODO 1 70 WiISÔnMiller~ " New Directions In Planning, Design & Engineering October 14, 2005 Mr. Kris Van Lengen Senior Planner Community Planning Department Collier County Government 2800 North Horseshoe Drive Naples, FL 34104 Re: Heritage Bay - TOR Application One, Parcel 1 Dear Mr. Van Lengen: On behalf of US Home, Wilson Miller is pleased to submit an Application for the use of TORs relative to the development of the golf course at Heritage Bay. Please find outlined below an overview of the US Home/Heritage Bay development and the PUD requirement to use TORs in the development of the golf course. Overview: 1. Heritage Bay is a Development of Regional Impact and a Planned Unit Development approved by the Board of County Commissioners on July 29,2003. 2. Under that approval, a maximum of 3,250 dwelling units could be built utilizing the Comprehensive Plan classification of Density Blending. No TORs are required in order to create the residential components of Heritage Bay. 3. Section 5.5 of the Heritage Bay Planned Unit Development established the requirement that for golf courses located in Sections 13, 14, and 24, (the rural sections) of Heritage Bay 1 TOR shall be acquired for each 5 acres of land utilized for the golf course. 4. US Home is developing generally the east half of Heritage Bay. The western half is being developed by Centex. 5. US Home has filed an SOP application for a 27 -hole golf course. This is application #7904/project #2005060002 with the project name Heritage Bay Golf Course. This SOP is nearing completion of review by county staff. 6. US Home has now received plat approval for their portion of Heritage Bay with those plats being approved in January of 2005 by the County Commission and recorded in June of 2005. This plat covers the residential areas as well as the golf course, maintenance area, and clubhouse. 7. The golf course has been platted utilizing specific tracts. These total 151.27 acres. 8. Utilizing 151.27 acres for the golf course results in a TOR requirement of 30 TORs on the basis of 1 TOR per 5 acres. Offices strategically located to serve our clients 800.649.4336 Fort Myers Office 4571 Colonial Boulevard- Fort Myers, Ronda 33912 - 239.939.1020. Fax 239.939-3412 wilsonmiller.com 10/13/2005- 40136 Ver: 02)- RWOODRUF CA#43 Z5555-555-555- + 0 WilsonMílJtJf.Jnc. - FL Lie,l LC-C000170 WilSÔnMille,' " New Directions In Planning, Design & Engineering Kris Van Lengen Heritage Bay - TOR Application October 14, 2005 Page 2 9. US Home, through its agent and attorney Peter Gravina, has now secured Sending Lands sufficient to produce these TORs. 10. Collier County Government has approved a comprehensive plan amendment which modifies the ratio of TORs which can be produced from Sending Lands. The new ordinance was approved by the County Commission on September 27,2005. 11. This application utilizes the base TOR and the Early Entry TOR from the Sending Lands to generate the 30 TOR's. Therefore, a total of 75 acres of Sending Lands is covered by these three Applications. Please issue the TOR certificates in the name of Bayvest, LLC. As you review the attached documentation, please contact me at 239-939-1020 for clarification or for further information. Sincerely, ~~ . Richard L. wo~ AI Senior Vice President Managing Principal CC: Russell Smith, US Home Steve Erek. WilsonMiller Chris Hayes, WilsonMiller John English. WilsonMiller Dave W. Place. WilsonMiller 1011312005- 40136 Ver: 02!· RWOOORUF CAN3 Z5555·555·555· . 0 Co1N;r County 14 ~~ __ APPLICATION FORM SEVERANCE OF TRANSFER OF DEVELOPMENT RIGHTS (TDR) CREDIT CERTIFICATE RETURN TO: Comprehensive Planning Oept. 2800 N. Horseshoe Drive Naples, FL 34104 Phone: 239-403-2300 Separate Application Required Per Sending Land Owner The validity of the TDR Credit Certificate issued by the County shal/ be contingent upon the truthfulness and accuracy of the information included in this application. J. APPLICANT INFORMATION Name of Sending Land Owner (Must be completed): US Home Corporation Address: 10481 Six Mile Cypress Parkway City: Fort Myers State: FL Zip Code: 33912 Phone: 239-931-3849 Fax: Emai/: . ~ame of Agent (if applicable): Wilson Miller. Inc. (Richard L. Woodruff) Address: 4571 Colonial Blvd. City: Ft. Myers State: FL Zip Code: 33912 Phone: 239-939-1020 Fax: 239-939-3412 Email: RichardWoodruff@wilsonmiller.com II. STATEMENT OF INTENT I wish to sever. . . x TORs from the entire property, or a portion of the property. I want to retain... o (number) dwelling units with the property for existing or future development. I intend to... x maintain the property in private ownership, or (OPTIONAL) explore the possibility of conveying the property to Collier County or to another public or private non-profit agency. (OPTIONAL) I intend to sever the Base TOR and receive the Early Entry Bonus TOR from 'these properties. At a future date, I will explore the Environmental Restoration Bonus and the Conveyance Bonus. 11/. SENDING PROPERTY INFORMATION (attach additional listing as needed) Jlio Number/Parcel Number(s): Note: These numbers appear in the lower left corner of your Collier County Tax notice. 1. 00460440307 2. 3. 4. 5. 6. 7. 8. 9. O. 1. THIS INFORMATION REQUIRED FOR EACH FOLIO NUMBER ABOVE - (Attach additional Sheets as needed) Folio No.. Total Acreage of Property: 00460440307 1 0 acres Total Acreage for which you wish to sever TOR Credits: 10 acres Are there any existing dwelling units located on the property or for which a valid building permit is in effect? If Yes, how many? Yes No x Are there any other buildings on the property? If Yes, how many? If Yes, what uses? Yes No x rlas there been clearing for agricultural purposes on the property since June 22, 1999? Yes No x Describe how the property is currently being used (e.g. agriculture, home site, etc): No use nor im rovements. Pro ert in natural ve etated state. Are there any existing easements, deed restrictions or any other restrictions, items or covenants that could affect the i TOR e!igibility of the property? (e.g. power line corridors, access easements, conservation, etc.)Yes No X If so. please describe briefly IV. NOTICES AND DISCLAIMER Any determination of TOR eligibility by the County in response to this application is only valid for the date of facsimile notification and is contingent upon verification of no change in land use or development order issuance prior to TOR Credit Certificate issuance and recording. Any determination of TOR Credits under this application procedure does not vest the applicant for the calculated numbers of TOR Credits until the TOR Credit Certificate is issued and recorded. IMPORTANT NOTICE: SEVERANCE OF A TDR FROM THE SUBJECT PROPERTY AND PLACEMENT OF THE PROPERTY UNDER A CONSERVATION EASEMENT IS IN PERPETUITY AND IS IRREVERSIBLE. V. BUYER'S CERTIFICATION OF TDR PURCHASE FROM SENDING AREA SELLER (if applicable) Number of Credits Sold, Conveyed, or Transferred: 4 TOR's Date of Transaction: Consideration Paid: $0 Transfer between affiliated entities. (Must be a minimum value of $25,000 per TOR) Buyer/Grantee Bayvest, L. L. C. Sending Area Seller/Grantor U S Home Corporation Attach written evidence of the transaction (e.g. Contract of Sale Bavvest. L.L.C.. herein is true and correct. NOTICE - BE AWARE THAT: Florida Statute Section 837.06 - False Official Statements Law st tes hat: "Whoever knowingly makes a false statement in writing with the i nt to mislead a public servant in the performance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provided by a fine to a maximum of $500.00 and/or maximum of a sixty day jail term." E R CERTIFICATION t the infor tion furnished on this application and the attachments are true and correct, he property described above, that I have marketable title to the property, t to sever the residential development rights from the property. ner Russell R. Smith I e President, U S Home Corporation (.:) / I ~ ! 20 0 ~ Date Signature of Co-Owner Date NOTICE - BE AWARE THAT: Florida Statute Section 837.06 - False Official Statements Law states that: 'Whoever knowingly makes a false statement in writing with the intent to mislead a pUblic servant in the .,erformance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provided by a fine to a maximum of $500.00 and/or maximum of a sixty day jail term." VII. / Q] Gj/ I [] I I o APPLICATION CHECKLIST Is the following information attached? A copy of the Warranty Deed for each lot or parcel as recorded in the public records of the Clerk of Courts of Collier County, Florida per the folio number(s) above. Also a legal description of the acreage from which the TORs are being severed, if less than the entire property. Note: More than one lot or parcel may be identified by a single folio number. A title search, or other evidence, establishing that prior to the severance of the TOR Credits from the Sending Lands, such Sending Lands were not subject to any conservation easement, deed restrictions or any other restrictions, item or covenant that could affect residential development. Completed and executed original "TOR Conservation Easement".(County form TOR2) [The County recommends that you consult an attorney prior to executing Form TDR2]. Application fee: $250 non-refundable due with application. An additional $25 per TOR, not to exceed $2500, will be due upon facsimile notification of TOR(s) approved, prior to issuance and recordation. VIII. ADDITIONAL NOTES OR INFORMATION (Optional) Overview: 1. Heritage Bay is a Development of Regional Impact and a Planned Unit Development approved by the Board of County Commissioners on July 29, 2003. 2. Under that approval, a maximum of 3,250 dwelling units could be built utilizing the Comprehensive Plan classification of density blending. No TOR's are required nor needed in order to create the residential components of Heritage Bay. 3. Section 5.5 of the Heritage Bay Planned Unit Development established the requirement that for golf courses located in Sections 13, 14, and 24, (the rural sections) of Heritage Bay 1 TOR shall be acquired for each 5 acres of land utilized for the golf course. 4. US Home is developing generally the east half of Heritage Bay. The western half is being developed by Centex. 5. US Home has filed an SOP application for a 27-hole goff course. This is application #7904/project #2005060002 with the project name Heritage Bay Golf Course. This SOP is nearing completion of review by county staff. 6. US Home has now received plat approval for their portion of Heritage Bay with those plats being approved in January of 2005 by the County Commission and recorded in June of 2005. This plat covers the residential areas as well as the golf course, maintenance area, and clubhouse. 7. The golf course has been platted utilizing specific tracts. The golf course totals 151.27 acres. Please see attachment 3. 8. Utilizing 151.27 acres as a golf course, the resultant TOR requirement is 30 TOR's on the basis of 1 TOR per 5 acres of golf course. 9. In order to create 30 TOR's, Bayvest, LLC has purchased land in the Sending Area of the Rural Fringe Mixed Use District. Utilizing a ratio of 2 TOR's per 5 acres (Base TOR plus Early Entry TOR) equals the requirement of 75 acres of Sending Land to generate the necessary 30 TOR's. , .. lETTER OF AUTHORIZATION FOR TDR APPLICATION (Required if owner is represented by an agent) Richard L. Woodruff (Name of Agent - typed or printed) application for the severance of TDR Credits from property identified in the Application. Date: lOr 7 3/Z00 S- I hereby certify that I have the authority to make the for complete to the best of my knowledge. plication, and that the application is true, correct and Richard L. Woodruff. Wilson Miller. Inc. Name - Typed or Printed "'TATE OF (.-1-Q...... J.. ) ~OUNTY OF ( .;f~ ) Sworn to and subscribed bef"(tJ.me thiS-:- B/1Yt(~b'i~' ~ 13~ daYOfO~ MY COMMISSION EXPIRES: ,20& "'~\W;Q'MJ1", MARGARET R. CORRIGAN f!": :">J.f). MY COMMISSION' DO 200423 ~. ':1 EXPIRES: April 6, 2007 "~.¥f.,ni. Booded TIvu NoIIIy P\i¡ c Undlllwrters CttQOSE ONE OF THE FOllOWING: ...,., who is personally known to me, who has produced as identification and x did take an Oath did not take an Oath NOTICE - BE AWARE THAT: Florida Statute Section 837.06 - False Official Statements law states that: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the peñormance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provided by a fine to a maximum of $500.00 and/or maximum of a sixty day jail term." EXHffilT "An HERITAGE BAY 1) SW 14 of the SE :;. of the SW 14 in Section 20, Township 50 South, Range 27 East 2) East ~ of the NW:;' of the SE :;. of the SE y.¡ of Section 12, Township 50 South, Range 26 East 3) West ~ of the NE y.¡ for the SE :;. of the SE y.¡ of Section 12, Township 50 South, Range 26 East 4) East ~ of the SE y.¡ of the SE 14 of the SE y.¡ of Section 12, Township 50 South, Range 26 East 5) West ~ of the SE 14 of the SE y.¡ of the SE y.¡ of Section 12, Township 50 South, Range 26 East 6) SE y.¡ of the NE 14 of the NE 14 ofSectionl3, Township 50 South, Range 26 East 7) East ~ of the SW :;. of the NE 14 of the NE 14 of Section 13, Township 50 South, Range 26 East 8) East ~ of the NW 14 of the NW 14 of the NE :;. of Section 13, Township 50 South, Range 26 9) West ~ of the NW :;. of the NE 14 of the NE :;. of Section 13, Township 50 South, Range 26 East 10) NW y.¡ of the SE :;. of the SE y.¡ of Section 12, Township 50 South, Range 26 East 11) SW :;. of the SE 14 of the SE 14 of Section 12, Township 50 South, Range 26 East This document prepared by: Peter J. Gravina, Esquire 1833 Hendry Street Fort Myers, Florida 33901 (space above line for recording infonnation) BILL OF SALE This Bill of Sale evidencing the sale and conveyance of the right to receive Collier County, Florida, Transfer of Development Rights Base Credits and Early Entry Bonus Credits (hereinafter referred to as "TDR Credits") is made this day of September, 2005 by U.S. Home Corporation, a Delaware corporation (hereinafter referred to as "Seller") and Bayvest, LLC, a Florida limited liability company, its successors and assigns (hereinafter referred to as "Buyer"). WITNESSETH: That said Seller, for and in consideration of the sum ofTen Dollars ($10.00) and other good and valuable consideration to said Seller in hand paid by said Buyer, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred, set over and delivered, and by these presents does grant, bargain, sell, transfer, set over and deliver unto the Buyer, and the Buyer=s heirs, successors and assigns forever, all those certain Base TDR Credits and Early Entry Bonus TDR Credits severed ftom the following described lands situated, lying and being in Collier County, Florida, to wit: See Exhibit "A" attached hereto and incorporated by reference herein The Seller, for itself and its successors, hereby covenants to and with the Buyer and its successors and assigns that it is the lawful owner of the said personal property herein referred to as TDR Credits; that it has good right, title and authority to sell same, and that it will warrant and defend the same against the lawful claims and demands of all persons whomsoever. Seller and Buyer are used for singular and plural, as the context requires. IN WIlNESS WHEREOF, Seller has caused these presents to be executed the date and year above written. Signed, sealed and delivered in the presence of: ~A:J{~ Pri name: .' I hUGk </ rL/ ¿"oAl/~L Pnnt name: ~ p k'. ¿ ot?¿u ¿ G S STATE OF FLORIDA COUNTY OF U '2.. (SEAL) t;\ob.tl.f" The foregoing instrument was acknowledged before me this I / day of ,t&RÜ>~r, 2005 by 'RU.5~~\\ 5'f'r\'Ah as SR. \J P ofD.S. Home Corporation, a Delaware corporation, on behalf of the corporation. !i~/she is v personally known to me or has produced as identification. ~,I{ xkA1J.u.t h Sign e, Notary Public My commission expires: S) ~%c¡ . , 11~\. Notary Public Slale of Florida . . Nikl K Starbuck \; , .i My Commission DD406257 0' ,~IS" Expires OS/20/2009 '..>.m'_~.__..___.".~_._. COLLIER COUNTY NOTICE OF TDR CREDIT CONVEYANCE (Applicable only to conveyances of TDR Credits subsequent to the issuance and recording of a TDR Credit Certificate) Number ofTDR Credits Conveyed: i.-- (Not to exceed 50 TDR per Conveyance) Date of Conveyance: TDR Credit Nos: (Identify each TDR Credit by number below) Attach written evidence of the conveyance (E.g.: Contract of Sale; Bill of Sale) Buyer/Assignee Seller/Assignor Name: Bavvest, LLC Signatur : Address: 10481 Ben C. Pratt. Six Mile Cypress. Ste 100 City/State/Zip Code: Fort Myers, FL 33912-6460 To be completed by Collier County Comprehensive Planning Department: AR Number: Date Conveyance Registered: By: FORM TDR 3 Prepared hv and kindly Record and return to: Comprehensive Planning Department 2800 N. Horseshoe Drive Naples, FL 34104 COLLIER COUNTY TDR CONSERVATION EASEMENT THIS CONSERVATION EASEMENT is conveyed this _day of , 20_, by Name! Address: US Home Corporation, 10481 Ben C. Pratt, Six Mile CyPress, Ste 100, Fort Myers, FL 33912-6460 ("Grantor"), to Collier County, Florida, a political subdivision of the State of Florida, having a mailing address of: 3301 E. Tamiami Trail, Naples, FL 34112, (the County). RECITALS A. The County has adopted amendments to the Future Land Use Element of the Collier County Growth Management Plan ("FLUE Amendments") that are designed to prevent the premature conversion of agricultural lands to other uses and to direct incompatible uses away from wetlands and upland habitat in order to protect water quality and quantity, to maintain the natural water regime, and to protect listed species of fish, plants and wildlife and their habitats. B. The FLUE Amendments delineate a Transfer of Development Rights ("TDR") process in order to provide an equitable method of protecting and conserving the most valuable environmental lands. including large connected wetland systems and significant areas of habitat for listed species of fish, plants and wildlife, while allowing owners of such lands to recoup lost value and development potential through an economically viable process of transferring the development rights in such lands to other, more suitable lands. C. The Transfer of Development Rights process penn its a landowner to sever development rights attached to the servient lands for transfer as developer credits (verified and registered with the FORM TDR 2 C (mnty) (the "TDR Credits") to other lands more suitable for development. A condition precedent to :11C establishment of the TDR Credits is the grant of a Conservation Easement impressed upon the ';cndjng Lands (as hereafter defined) that restricts uses of such Sending Lands to those uses pennitted under Subsection 2.03.08 AA.b of the Collier County Land Development Code. D. The FLUE Amendments include establishment of a land use classification system identified as Sending Lands within the Rural Fringe Mixed Use District ("Sending Lands"). The Sending Lands classification includes those lands that have the highest degree of environmental value ~lI1d sensitivity and generally include significant wetlands, uplands, and/or habitat for listed plant and jll ¡mal species, such that the Sending Lands are principal targets for preservation and conservation. E. Grantor is the owner in fee simple of certain real property in Collier County, Florida, mœe particularly described in Exhibit "1" attached hereto and incorporated by this reference ("the ~!¡-()perty"). As of the effective date of this Conservation Easement, the Property is designated as a <l'llding Land on the Future Land Use Map of the Collier County Growth Management Plan. F. Grantor desires to sever the development rights from the Property and to establish !'DR Credits therefore in the manner specified in the Collier County Land Development Code. G. County and Grantor have agreed that it is appropriate to maintain the Property 'i'cdominantly in its natural, open, agricultural or wooded condition and to retain such areas as suitable ,~lbitat for certain species of fish, plants and wildlife by restricting the uses on the Property to those set ,nll in Section 2.03.08 AA.b of the Collier County Land Development Code. The County has agreed 'ccognize and register 2 TDR Base Credits and 2 TDR Early Entry Bonus Credits in exchange for the !l'arion and conveyance of the Conservation Easement on the Property. "R\\ TOR 2 ') H. This Conservation Easement is made pursuant to, and in full compliance with, the TDR process established in the FLUE Amendments and Subsections 2.03.07 DA.f of the Collier County Land Development Code to enable the transfer the TDR Credits to other lands and to impose the Conservation Easement on the Property. AGREEMENT In consideration of the mutual covenants, tenus, conditions and restrictions contained and imposed by this Conservation Easement, including, but not limited to, the severance of development rights from the Property and the creation of TDR Credits, the parties agree to the following terms and conditions: 1. Recitals. The parties acknowledge that the foregoing recitals are true and correct. 2. Conveyance. Grantor hereby gives, grants, bargains, sells, and conveys to the County, and its successors and assigns, forever, a perpetual Conservation Easement over and across the Property, subject to the terms and conditions stated in this instrument and Grantor fully warrants the title to such Conservation Easement and will defend the same against the lawful claims of all persons whomsoever. 3. Purpose. The purpose of this Conservation Easement is to restrict the development and use of the Property, from which TDR Credits have been severed, in order to promote the protection and conservation of valuable environmental lands and to protect against the premature conversion of the Property from agricultural use. FORM TDR 2 3 4. Reserved Ri2ht of Possession. Grantor shall have the right to sell. give, or otherwise ..nvey the Property or any portion of the Property, subject to the terms of this Conservation Easement: ìl\)vided. however, the instrument of any such conveyance shall specifically set forth that the interest hereby conveyed is subject to all of the terms and conditions of this Conservation Easement, and the instrument of conveyance shall incorporate this Conservation Easement by reference, specifically ,citing forth the date and page of its recording; provided, however, that the failure of any such instrument to comply with the provisions of this paragraph shall not affect the County's rights under ¡he Conservation Easement. 5. Prohibited and Allowed Uses: Grantor and its successors and assigns may use the ')roperty only for uses allowed in Sending Lands where residential density has been transferred, as set _'.Inh in the Collier County Growth Management Plan and Subsection 2.03.08 A.4.b of the Collier ~"'L!tlly Land Development Code. 6. Effective Date. This Conservation Easement shal! be deemed effective upon the j t " . ...~ L \"., of its recordation in the Public Records of Collier County, Florida. Prior to the 'l1scrvation Easement being effective, the Grantor hereby agrees that it shall not al!ow any -':¡\'ities on the Property which are contrary to the temlS and conditions contained in this ¡'lscrvation Easement. 7. Enforcement. Pursuant to Section 704.06, Florida Statutes (2003) and the Land .:'.cJopment Code of Collier County, the terms and conditions of this Conservation Easement .l\ be enforced by the County or its respective successors and assigns. This Conservation ..:-èment may be enforced by injunction or proceeding in equity or at law. The ownership of Conservation Easement by the County or the attempted enforcement of rights held by the 1 TDR 2 -+ County shall not subject the County to any liability for any damage or injury that may be suffered by any person on the Property or as a result of the condition ofthe Property. 8. Assignment. In the event that the County changes its corporate structure, tenninates its existence, or takes any other action that would make County no longer qualified to hold this Conservation Easement pursuant to Section 704.06, Florida Statutes (2003), then County shall immediately assign this Conservation Easement to another governmental body or agency or a charitable corporation or trust as described above who is entitled to hold this Conservation Easement pursuant to Section 704.06, Florida Statutes (2003). 9. General. This Conservation Easement is granted pursuant to the Collier County Land Development Code, and shall be interpreted in accordance with laws of the State of Florida. All headings contained herein are for infonnational purposes only and shall not be construed as defining or limiting the tenns of this Conservation Easement. 10. County's Discretion. The County may enforce the tenns of this Conservation Easement at its discretion, but if Grantor breaches any term of this Conservation Easement and the County does not exercise its rights under this Conservation Easement, the County's forbearance shall not be construed to be a waiver by the County of such tenn, or of any subsequent breach of the same, or any other term of this Conservation Easement, or of any of the County's rights under this Conservation Easement. No delay or omission by the County in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. The County shall not be obligated to Grantor, or to any other person or entity, to enforce the provisions of this Conservation Easement. FORM TDR 2 5 11. Rights of the Public. Nothing contained in this Conservation Easement shall give ,)r grant to the public a right to enter upon or to use the Property or any portion thereof where no such right existed in the public immediately prior to the execution of this Conservation Easement, ~xcept as may be granted or expressly authorized by Grantor. 12. Limitation or Severance of Invalid Provisions. If any prOVISiOn of this Conservation Easement restricting Grantor's activities is determined to be invalid or unenforceable by a court, such provision shall not be rendered a nullity if the provision can be reduced or limited to the extent that the court determines will make it enforceable and effective. If any provision of this Conservation Easement is determined to be completely invalid or unenforceable by a court, sLlch provision shall be severed from the other provisions, and the remaining provisions shall remain enforceable and effective. 13. Modifications. This Conservation Easement may be modi tied only upon the written consent of both Grantor and the County, or their respective heirs, representatives ~uccessors or assigns; provided, however, no modification of this Conservation Easement may be made that would result in this Conservation Easement failing to qualify as a valid conservation :as~ment under Subsection 2.03,07 D.4.f.ii (a)(iii) of the Collier County Land Development Code. 14. Recording. The County shall record this Conservation Easement in timely fashion in lh~ Official Records of Collier County, Florida, and may rerecord it at any time the County may r~quire to preserve its rights. Grantor, or such person to whom the Grantor conveys the TDR Credits :~\'ered from the Property, shall pay all recording costs and taxes necessary to record this Conservation Easement for the first time in the public records. '{; L\I TOR 2 6 ] 5. Successors. The covenants, tenns, conditions and restrictions of this Conservation Easement shall run with the title to the Property and shall be binding upon, and inure to the benefit of, the respective parties hereto and their respective personal representatives, heirs, successors and assigns and shall constitute as a servitude running in perpetuity with the title to the Property. on this day and year first above written. IN WITNESS WHEREOF, Grantor and the County have executed this Conservation Easement Executed and delivered in our presence as WITNESSES: GRANTOR(S): Signature ~9~ Printed Name: .:3T~~ ;> i='aK... ~ /[k/ ~ ~~~ .' ,- ' SIgnature:·, "",~ \ . Primed Name: ì~', ~, r· -I~'J¿ Signature: Printed Name: STA TE OF FLORIDA COUNTY OF Lu.._ The foregoing instrument was acknowledged before me this ~ day of -',r '(ì ~7 r 2012:£, by ~ \-\ s.<--k \ \ Q. ~ .~. who IS , ..:~ \'\. ....... personally known to me or produced as identification ~¡ K~~(l.J.~~ ~ : Not ryPubhc, State ofFlonda at Lar[e My Co.m~ission Expires: [....¡ ~j ðl.f CommIssIOn No, ~~G v ~~1 '~-""-'-"-~""-"'-""~--....,--<,....---, ~ ~.~y Pv, '\¡otarv Public. ~.15!e '11 ¡:¡r,ri!)è1 ': i! ~0»i' <:;. 1'111:, K "'orbl)" ~ ~ . , ,.r:, L¿f ~ ; ~~. 'r, My C(."~r'1ISs on OC4l'ê2~7 " :: '> cr' ,,0' Explleê ,:~/20/200~ i' -...---~..........~,-,--~.,..Jj - "lOrE: THIS BOX IS A GRANTOR EXECUTORY TEMPLATE AND SHOULD BE ADAPTED fO REFLECT THE NATURE OF THE OWNERSHIP,I.E., INDIVIDUAL, TRUST; CORPORATION. PARTNERSHIP, ETe. ('R,\T TOR 2 7 --'>'.-.---"---,,,,- ..----..,---- Attest: . ~. I - , ., GRANTEE: Board of County Dwigh~ E: Brock, Clerk , -';ì~) .,. ..,'.,; Commissioners of Collier County, Florida CommIssIOners " ~.. : ~ ., . - ~~ . . I . -oJ : By: ftw.. ~~e{:':~,>j.: ~:;/BY Fred Attest I. to OaIf,......:.~I~;) :.' - Ifgnaturt onl- '. 1 f ~: and legal sufficiency: FORM TDR 2 8 "~"-'-_.'''--_.,-_."..- "-.-'---.- EXHIBIT 1 Heritage Bay TDR Parcel Descriptions (Sending) TOR Parcel 1: The Southwest one-quarter (SW-1/4) of the Southeast one-quarter (SE-1/4) of the Southwest one-quarter (SW-1/4) in Section 20, Township 50 South, Range 27 East, lying and being in Collier County, Florida, (Folio Number 00460440307); 10 acres ± 10/13/2005_ 40087 Ver: 03!· SEREK :.'1"'..13 N0442"215_IJ,J¡)~ S~Gl- 9222 I Tra IICINI> 1. Tht. exh/lJlt __ _red uIi/1zln11 GIS.,. by_a IIOUrcu, which ....y /nclud<J but not be _10 -.aI, _. DIatrlct, and _a/lJf fJÐC/as. TIlt. ~ own_1p _a"" not _ __ by WI/_1liiiei' for Kcuecy. ~ Neutral Zone C:D Receiving Zone .. Sending Zone .. US Home TDR Parcel ..... ¡.... r?: r-~ ~C ""-Iv Ô~ k¡~ k¡.~ ~~ C v GULF OF MEXICO r I I I I TDR Parcel 5 TDR Parcel 8 ..-«-<.....,.,.--- I I' IIC,IND mR Parcel. Folio. Acreage 1 0046tU40307 - 10AC 2 00413640002 - 5AC 3 00412080003 - 5AC 4 00413720003 - 5AC 5 00412800005 - 5AC 6 00415200000 & 00415240002 - 10AC 7 00414880007 - SAC 8 00414800003 5AC 9 00415520007 . 5AC 10 - 00413760005 - 10AC 11 00412120002 . 10 AC Total = 75 AC C~ Neutral Zone E'.:) Receiving Zone .. Sending Zone ~ US Home TDR Parcel ,-<., . ~""---"" ._,"' .-."..........-'''.-..,.. ."..--....." _"___"_n""_"."_"" C 1 N I· n ^ L N () I I S 1, This exhibit _ prepanKI utlllzlrlf GIS data by _ .OU""'., which ....y Include but not be limited to federeJ, _, DIßrlct, and loca/a//fIIICI... Thl. ~ ownerahlp data h.. not _ __ by WlI_llerfor IICcuacy. -r~ , ... ._. ._. ..J.~...__. -'" . '-...~".{ -,....... , . " Rlj?79ù íf1 !JJl7C'Rj, l ,; T D R PAR eEL L 0 CAT ION MAP - 2 uJ¡/JfJt.J:IßÍJÛffln)!J!JU¿'@f! ¡ '. 'Q" I _ _ Heritage Bay Golf Course Areas for TDR application: (Receiving Lands) Tract "GC-1", (Golf Course) Heritage Bay, Plat Book 43, Pages 15 through 45, Collier County, Florida, Area = 32.89 Acres ± Tract "GC-2", (Golf Course) Heritage Bay, Plat Book 43, Pages 15 through 45, Collier County, Florida, Area = 5.24 Acres ± Tract "GC-3", (Golf Course) Heritage Bay, Plat Book 43, Pages 15 through 45, Collier County, Florida, Area = 20.79 Acres ± Tract "GC-4", (Golf Course) Heritage Bay, Plat Book 43, Pages 15 through 45, Collier County, Florida, Area = 28.53 Acres ± Tract "GC-5", (Golf Course) Heritage Bay, Plat Book 43, Pages 15 through 45, Collier County, Florida, Area = 9.55 Acres ± Tract "GC-6", (Golf Course) Heritage Bay, Plat Book 43, Pages 15 through 45, Collier County, Florida, Area = 2.18 Acres ± Tract "GC-7", (Golf Course) Heritage Bay, Plat Book 43, Pages 15 through 45, Collier County, Florida, Area = 28.27 Acres ± Tract "GC-8", (Golf Course) Heritage Bay, Plat Book 43, Pages 15 through 45, Collier County, Florida, Area = 11.80 Acres ± Tract "GC-9", (Golf Course) Heritage Bay, Plat Book 43, Pages 15 through 45, Collier County, Florida, Area = 11.69 Acres ± Tract "GC-10", (Golf Course) Heritage Bay, Plat Book 43, Pages 15 through 45, Collier County, Florida, Area = 0.33 Acres ± Total Area: 151.27 Acres ± 8116/2005- 39844 VBf~ 01!- SEREK CA"'" Z9999-ggg.9Q9. . 00000 Heritage Bay TDR Parcel Descriptions (Sending) TOR Parcel 1: The Southwest one-quarter (SW-1/4) of the Southeast one-quarter (SE-1/4) of the Southwest one-quarter· (SW-1/4) in Section 20, Township 50 South, Range 27 East, lying and being in Collier County, Florida, (Folio Number 00460440307); 10 acres ± TOR Parcel 2: The West 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, Range 26 East, Collier County, Florida, (Folio Number 00413640002); 5 acres ± TOR Parcel 3: The East 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, Range 26 East, Collier County, Florida (Folio Number 00412080003); 5 acres ± TOR Parcel 4: The East 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, Range 26 East, Collier County, Florida (Folio Number 0413720003); 5 acres ± TOR ParcelS: The West 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Southeast ~ of Section 12, Township 50 South, Range 26 East, Collier County, Florida (Folio Number 00412800005); 5 acres ± TOR Parcel 6: The Southeast 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 50 South, Range 26 East, Collier County, Florida (Folio Numbers 00415200000 and 00415240002); 10 acres ± TOR Parcel 7: The East 1/2 of the Southwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 50 South, Range 26 East, Collier County, Florida (Folio Number 00414880007); 5 acres ± 10/1212005- 40087 VN 0:'- SEREK CA~3 N0442-215·(){)O.. SLGc- i/222 TOR Parcel 8: The East 1/2 of the Northwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 13, Township 50 South, Range 26 East, Collier County, Florida (Folio Number 00414800003); 5 acres ± TOR Parcel 9: The West 1/2 of the Northwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 50 South, Range 26 East, Collier County, Florida (Folio Number 00415520007); 5 acres ± TOR Parcel 10: The Northwest 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, Range 26 East, Collier County, Florida (Folio Number 00412120002); 10 acres ± TOR Parcel 11: The Southwest 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, Range 26 East, Collier County, Florida (Folio Number 00413760005); 10 acres ± 8/2312005- 40087 Vet: 011. SEREK CA*43 ZQ900.999-999- . 00000 ::r @ ....... ....... '" ï:S 0 ::::: 0 ~ a (") ~ g, ï:S ~. IZJ (-¡ (") 0 £. " '" - -< ¡;;. '1J ..., a ~ "0 ï:S "' ;:¡. ï:S '< ..., » ~ "0 (¡j' "0 õ1 (þ ii, ;t ~ () 0 ~ a -- ¡¡; ~ g (þ II> cr- (") a g, ~ ~. "Q.. (") 0 a " '" ~ -< ï:S '1J ï:S a :::. "0 "' ;:3 ~ ... » ~ "0 IZJ õ"O ï:S ~ õ1 X s: ëj)" ....., "'~ =to 0. -. QI '" ....... ¡¡jn ¡;;- ffi~ 1/ æ~ -J "'- U . "' ;::;:0- ;;:ö "'- ,,0 ~ ","0 "' ~ . 0 N Q~ 0 '"'0 ;::;.' S' "'<e ~ :5"- ..., _::T () "'"' (þ -<33 ~ ~~ QI- N g~ 0 ",n " Ro õ1 ¡¡; 0 QI '" ..., 0. ¡;;. " :::s "9 ....... Õ II 6. t'""' QI > ¡¡; :r Z Õ U 3 r/J ~ n õ' .'" > '" '"'0 0 O¡;cnz-n ::;: tT:1 ~ "'T1cg i III 2- Ro õ1 (J III 3- m- IDO ï:S ;a. c~·· Z ~ ffi' ~IX oG)§ ï:S '" (þ ~ Onz~i" ..., "0 "'T1 :1.111 < II ¡¡¡ (J ~3z~ t'""' '" -'(1) '" ::!E0oo»o "' tT:1 0. ~::!Z-i~ -J ~ ~"'O!'Jg¡ -J 3 OUJ l>, CJ>-"tJl>, tT:1 "2- o-imo ;;:ö ffi ",m-i(.o.) 0. ...¡»mo Ro QI UJO;¡:]"'¡ ¡¡¡ ::!E~c... "0 a ....m 00 < ~UJ ëi -- "' UJ N 0. ~ -- N 0 0 V'I -i o ;C " OJ .., ("') (1) -L 110 DO i j I I f i ~ on 8 ~ g a ~ "" - .. '< I -; ... ~ .1 ¡;; ~ :)' C ! I o 4 Dct:lÍJs Page I of I - Current Ownership Folio No·1I 00460440307 Map ~ Property Address!! NO SITE ADDRESS Owner Namel! GRAVINA TR, PETER J Addresses I AGREEMENT TRUST 10/15/04 33 HENDRY ST Cityll FORT MYERS 1/ Statel/ FL ~ Zipl/33901 - 3054 legal]! 20 50 27 SW 1/4 OF SE 1/4 OF SW 1/4 Section 20 Township 50 Range 27 Acres 10 Map No. 5C20 Strap No. 502720 030.0005C20 Sub No. '1J Us~Ǻde 100 99 ACREAGE HEADER I NON-AGRICULTURAL ACREAGE -1J Millage Area 162 -1J Millage 15.8737 2005 Preliminary Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll I Land Value II $ 85,000.00 I . ::. I (+) Improved Value R $ 0.00 I (:::) Market Value H $ 85,000.00 / I (0) SOH Exempt Value II $ 0.00 I I (:::) Assessed Value /I $ 85,000.00 I I (0) Homestead and other Exempt value!1 $ 0.00 I I (:::) Taxable Value ft $ 85,000.00 I SOH = "Save Our Homes" exempt value due to cap on assessment Increases Latest Sales History I Date I Book - Page Amount 01 / 2005 3718 - 3071 $ 104,900.00 03/1999 Z5.;!~1 $ 0.00 12/1991 1674 -1532 $ 30,000.00 - .' ... The fnfonnation is Updated Weekly. ill! Ii" ·'.w .collicrappraiscr.comiRccordDdai l.asn?Fol in I f)==()()n()()nn..1f){).:1Ml.1Ll::L. 0'''"' i ,.-"",,- 10/04/2005 14:22 FAX 941 481 6281 APTIC FI' MYERS, 141004 375aS6 au 613 ,tA~! 714 IFC"" ',0 0"11: ,,~. ' '~. \QO~ COLL'l : . . . ¡:tIO. DEED made thil Much 3, 1975 by Mat ! I.. s aM '7~ JI"ka/.~: . I. ,con c 111\ 0' ~¡ 'C,,,' CO&lAf BJ\.RRON cot.t.%E1\, JR., and r.~.ZL COLL%I~ READ ·(henlnatt..r oa11e4.1 t;h. (trantor")' whaaD poet offic. addr... i. 3003 No~~~ Tami.ml Trai1, "aple., rlo~id., joined by MARGUJ:RI'tE R. COLLIER, the vita at Barran Co111er:, Jr., anð tf:tLL]:1\M 11. REI\I), JR., ~e hUlbanð of %sabel Collier Read (he~ein.fter called the spou~..) ta COWRY COR~ORATION, . rlo~id. cor:po~at1an (hereinafter called ~. n~.ntee), whos. poet a!!ice addre.. is 365 Plf~ Avenue SOuth, Napl.s, Florida. WIT N E SSE T H I --.....--....---... The ar.~tore .and ~. Spouees, 1n cane1de~a~ion at the sum Of one Hundt'ed Dollar. and at.he:l:' tfaCM! and valuable con.1~.ration, the r.c.ip~ whereof ie he~_Oy acknøwledqed, hereby 9rant, Þargain. .ell, r.l.... and oanq.y ~ ~ G~.nt.e, its.ucce..ore and ...19n8 forever, the tollowin9 described laÞ4_ (hereinatter .,alled ..id lande),. .i~ua~, 1y1n9 .n~ bein9 in Collier Coun~y, State of P1ori4a. TOwn.hip SO South, Range 21 EAst:.. secUcm D..cr:l.p~ion 2 All exc:ept road riqht- of...,.y tOJ: 8ta t:e . ROad ,. (All1q.~ Alley) 3 Al~, exeept J:aacS ~d.t Jbt-of""'''y fOJ: But:e ROad 84 Tha, Instrumant w.. pr.p.~ed by HarQld $, Lvnton; Attorney at L~ whose .dd"... I_ 100 Park Avenue, Naw York. Maw Vork 10017 .- .. ".",,. II<ltl 10/04/2005 14:23 FAX 941 481 6281 APTIC Fl' HYERS ~005 IIf 613 I'ALt 715 1Q 11 15 11 20 21 22 :u 2' AU AU All AU AU AU All ~11 ).12, ~.h1p 10 South~ øan~_ ~I zaat ~c~icn oe8criøê1cn 24 All '1'ownahi:ø 51 scutb. RaM- 28 Za.t: 35 C..cdÞt:S.on Att. Section TOGETHER with any and all riqht, ~1~1o an4 intar..~ . ot the Grant:ora and the Spou... in and to any and .11 tmprove- ment:. on or ~o aaid lanð., '1'OGB'rHER with all tenement., hU'ecUbJNn~. and apøuJ:'~nuo.. and all X'1~ht., pows:.:a, PI'!v11.9.~, '-11:.1.." interestD, e.tat.., ðow.~. aurteay a~d right. cf d~r and . cur~..Y. rever.ld.on.. rcuinder.. ......-.nt:. and r:Lpariaft ~i9ht:. ~18~et:o belonq1nq or in any w1.. apperta1n1~. '1'0 HAVE AIm TO HOtD '1'HB SAME in lee 81...1_ !or:.".r. SUBJEC'r, however, ~ tb_ fol1cnf1nc¡ w1t:h r.~et: to t:he 011, qa. and mineral_ in, QI1der and. that. III&Y be p:a:oduce4 tro. .aid land.. *th. Orutor. beraby øae~ fZ'Olll thb de.s and aonv.yuoe, and. ber:aby ntllerve and reeau to ~...lve~, their bêu... nOCle..œ. aft4 ..a19Þ., ..2-' ." 10/04/2005 14:23 FAX 941 481 6281 APTIC Fl' MYERS ~006 ,it 613 ~)IJ ' 11ô Abaal\.\éaly and forever allot the !nterotlt And ownenhip of the G~anton, a~ t.h. \1JI\e of ~h.i" execution of ~1. deed, in ~. oil, ~a" and mineral. 1n, under and that m.y bo produced from .ai4 land.. ~e Gra~~or., ~aoir ~1~., BUcc...or. and ae.igns, .e cwn.~B of B\.\ch oil, ~.B ana ~1ner&1. 1n~eres~ shall na~, ~1thout the wri~t.n con.en~ o~ ~e ~antee, it. 8ucce.~r. Or ...1gn8, as QWnerB of the surface of said lana., have any ri~~~., powers or privil.~e. eo mine, ~oduc. or extract any 011, ~.s or minera1ø ly1nq le.. than one hundred twen~y-1':f.y. teet beløw t:be pre.en~ .urtaca of 8Aid land., the Gre.nue, it.. BUcc...or. and ...1qn.,.a luch surface owner., in Qonnec~ion with and 1ncid.n~ to any u.., construction Or ~provem.n~. by ~.m o~ or On ~D '8urfAca of .aid land. may, without tbe con..nt of the r.r.n~r., their haire, Bucce..orB or a..i~e Cand .ub'ec~ only·" any :lqhta of otherl than the ~~antor., their heire, 8UCOO..or. or ...i9n8), 4iaplace, 'conlume, us. Or do.troy any 011, ~a. or miner-al' ~yin9. le.. thM one hundred tw.n~y-fl" te.c oeLow~. ~re..nt, .U1'f.C. ot ..ilS lande, but noth1nCJ con1:a1n.d ln ~e pr.eedin~ clau... of ~hl. e.nte~. .hall be conaeruad ~ limi~ or impair any r1gh~., power. or pdvU.eqee of ~. a~.ntor., their heu., .Ucce..ore and ...19ft., a. own01"S Of .uClh oil, qas ana lIIin.ral_ 1n~ere.t, and the Grutor., 'their heir., .ucct.sor. aDd ...igna, .. .~ch ownere .hall have ~e full 1"1qh~., pewer. and p1"1vi1898., -3- 10/04/2005 14:23 FAX 941 481 6281 APT I C Fl' IMntS Ijl 007 IU. 613 r~~t 717 'to flt1ne, p~04uo. aM extract. aftY oU, "'.. œ' IUI'e%al. 1y1"9 one hunð!:e4 arent.y-Uve bec or 'lIOft belOll the ~..nc ~f.c. of ..id land_. SUch r1qht.., poMI:&" and pd..,11ege. of tbe CZ'.n~Z'., ~.1:&' heir., .øcee.~' and a..19ft., .hall, without u.mi.~t.1on, iDCllwSe, I.ft :ta.peo~ of .aid land., 8U t:bo.. r...onably ad4Z'...1I4 to invaat.1qat1n9, explœ'inq, pro.pec't1nq, d.zoUl1n, anc! exuaoé1nQ 011" q&8 and 1111ne:&'a1. bu~ 81\a11 no~ exhnc! t,a an~iA, dl.a~ would W\Z'e..onab1y .t.ntaden w1t:h the ~n CNrZ'ent. v.. by tb. C2:'an~, it. .UGe...o!:.· o:&' a..19n., or ~. .urt.c. of ..1d land'. SUBJEC'l' ~o to any v.u.eI dqhu-of-"ay, .......nt., r..tt1ct.1ona and Z'...J:YaUona ~t &r. of ~eao:&'4 01: ÛUI~ an .1Mplled.on woulc! dbel0.., 1ne1utS1n9, rit.bout. l1a.f uUon, t.b.o.. tor zoo.do, public utUit1.., ÞoZOZ'OW piu, outfall dit:ohe. .nd dra1no,.. '. W&.n:c'1' ALSO too t:h. lIOJ:'1õ9&q. in_nðað t:.e Þe ,..4. by t:h.e CJ2:Ïa"t.. .. lDO:rqaqo:&' to Collier-Red CCllpany A. 1ftOz:'t9a9.., und.r the cSah of thi. c.ad and 1nten4ed to ba 2:.001'4114 dmult.anMou81y h8J:eWitb UIOn9 ~. PUbu,o 11eaord. ot center county, p1.o&,1da, in tII. pz:indpa1 .,. of Biqht. Hundred Sixty-on. ~ou.&Þ4 <'.'1,000) DD11~. with intar..t a-t t:h. rat. o~ fLve C"J pe&'cut pe~ ann... Th. øpou.e. have exacrutad tbJ.. 4..4 aolely for the puJiPO.. ot oonveyinq ancS ~.1f.nqu18hin9 Itny of t.heir d9ht., -4- 10/04/2005 14: 23 FA...'\: 941 481 6281 APTIC FT MYERS ~008 U( 613 ~;I'L; 718 t1tl.. And 1n~G:08~., incl~a1n9' wi~ho~t l1mitAt1on, dower And curt..y, 1~ .aid land. ana their Appu~tftn.ncG" IN WI'1'NESS WHERCOf', the oraneon and ähe Spoua.8 hava hereunto aat. ~.ir handa and ..al, \ho day and year tint above mentioned. 819ned, seðleð Anð Deliveroð 1n our pre._nee. . ~'-ffi 'i' ~tl.~~ßu er . 0 1 er ( SEAL) ~~ ::Þ.e~rf (SEAL) .. " ... :J e ,-. ... - ... Ê~ ... ," ..~ "'. ....,;.: oft - '. - :3 ... ..~ ,. ,;¡ WI . ... .... -5- 10/04/2005 14:23 FAX 941 481 6281 APTIC FT MYERS iii 009 IU 6'13 ~~L~ . '719 ST~~E OF FLOR%D~ COUNTY OF COL~IY.R SSd Tho unde~liqned ~e~.~Y cer~1t10. that B^RRON COLLIr.n, JR., ~~Gu~n%~E n. COLI.t£P, tSAnF,~ cnLLl~R RI:AC and WILLINI A, J\F.1\!), .:Tn.., U! me kntNn and known to mo to be the perBons de.cribed in and who ftxoc~te4 the fare- going Oeed, ¡)e:-sonally ðpt)«larøc1 before III. this day and acknowledqed that tÞøy executed ~h. .~6 IU WI'l'Zn:SS WUERF.OF, I have hereunto set. my banc:\ and official 8e41 this 3rd day of Ma~ch l!'I'75. ~ . I . I , .. . ' 7{ -vi c',- ~', (i..... ~,I~;..( Notary PUÞ1!C ~"'''fIfe.t ~ ., .....L~--. ~I.";. ~=- ..." ~. . ' ..... ,.......,~ :.. p..../I. :". . .-, ";.,-' ., "0,.: '. ...'.... '. . . '"..' ." ..- ~~~~OCUMENTARY Š .~ !!.:- :; {í~~~~ F\.OWI ^ SURTAXæ,:J. '.~ ~,,,,¡)Ia' ~a. ( t1a ,It ¿ii', tuH'y' 9 9 8.. 0 0 =_ ,'.: ..,..., . ",. ..... . .I.U" IU'U = .: :1 , ¡ . ....,....... .. ott..... ....... .... .. era. LIf- CDU_"". "D I þ \ ..AII....UT T. leG'" ""'_01__ EXHIBIT "A" PARCEL 1: THE SOUTHWEST 'l4 OF THE SOUTHEAST 'l4 OF THE SOUTHWEST 'l4 IN SECTION 20, TOWNSIllP 50 SOUTH, RANGE 27 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 2: THE EAST!h OF THE NORTHWEST 'l4 OF THE SOUTHEAST 'l4 OF THE SOUTHEAST 'l4 OF SECTION 12, TOWNSIllP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 3: THE WEST!h OF THE NORTHEAST 'l4 OF THE SOUTHEAST 'l4 OF THE SOUTHEAST 'l4 OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 27 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 4: THE EAST!h OF THE SOUTHEAST 'l4 OF THE SOUTHEAST 'l4 OF THE SOUTHEAST 'l4 OF SECTION 12, TOWNSIllP 50 SOUTH, RANGE 27 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 5: THE WEST 1/2 OF THE SOUTHEAST 'l4 OF THE SOUTHEAST 'l4 OF THE SOUTHEAST Y4 OF SECTION 12, TOWNSHIP 50, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH PARCEL 6: THE SOUTHEAST Y4 OF THE NORTHEAST 'l4 OF THE NORTHEAST 'l4 OF SECTION 13, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 7: THE EAST !h OF THE SOUTHWEST 'l4 OF THE NORTHEAST 'l4 OF THE NORTHEAST 1;4 OF SECTION 13, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 8: THE EAST !h OF THE NORTHWEST 'l4 OF THE NORTHWEST 'l4 OF THE NORTHEAST 'l4 OF SECTION 13, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 9: THE WEST Yz OF THE NORTHWEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST 1;4 OF SECTION 13, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 10: THE NORTHWEST ~ OF THE SOUTHEAST ~ OF THE SOUTHEAST ~ OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 11: THE SOUTHWEST 1;4 OF THE SOUTHEAST ~ OF THE SOUTHEAST ~ OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA. -"----,-^.~,~"._._...- ?~VESE " \~vV FIRM CHARLES MANN (239) 336-6242 E-mail: CharJcsMann@paveselaw.com \;)"., S,RET, FORT MYERS, FLORIDA 33901 I P.O. DRAWER 1507, FORT MYERS, FLORIDA 33902-1507 I (239) 334-2195 I FAX (2391332.2243 October S, 200S Collier County Board of County Commissioners 3301 Tamiami Trail, E \Iaples, FL 34112 RE: Application by U.S. Home Corporation for Severance of Transfer of Development Rights Dear Sir/Madam: This letter is being written pursuant to the above referenced application for the Severance of Transfer of Development Rights. I am writing this letter on behalf of U.S. Home Corporation, the current owner of the sending lands (the "Property"). A legal descri ption of the Property is attached to this letter as Exhibit "A". Please be advised that I have reviewed pertinent title policies for the Property, which policies are referenced by Ticor Title Insurance Company of Florida Policy No. 7110609-43269, effective June 16, 200S and Policy No. 7110609-4788, effective January '::0. 200S. I have also reviewed a title search of the property from January 20, 200S to :\ugust 24, 200S and examined affidavits from the Owner for the period from August 24, '::OOS through September 12, 200S. The above referenced documents revealed that there has been no prior severance of TDR credits from the property and that the property is not -;llbject to any conservation easement, deed restrictions or any other restrictions, -.:oasement. item or covenant that prohibits residential development, however, there is no j nsured right of access to the Property and Parcel 1 on attached Exhibit A is subject to oil, gas and mineral reservations, as recorded in Official Records I)ðok 613, at Page 714, of the Public Records of Collier County, Florida, a copy of whi¢l is attached to this letter. Sincerely, ':'v1 'mj c ¡:l1closure .-:: Client / ./; , /. , / / CharJés i / i l.;.../'l \~....- M"-'': "_'ii.. 18501 MURDOCI\ CiRCLE PORT Cri\RLOTTE. FLORIDA 33948 '=141i 23~,3:j()3 4524 GUN CLUB ROAD WEST P\LM BEACH, FLORIDA 33415 i5óil 471-13ó6 461 S, MAJN STREET LABELLE, FLORIDA 33935 (8631675·5800 Reta: PAVISI LAI PIR! P 0 BOl 1507 I' !TIRS PL 31902 1501 Rdum 10: Peter . GRVIRa, ESquire Name: Pavcsc. HavcñlCld, CI aI. Addtess: Courthouse Bo. 18 tu 3710436 OR:' 3903 PG: 3082 tu RJCORDID ia the OPlICUL RJCORDS of COLLIn coum. 11 10/0412005 at 02:081! DiJGIIT I. BRocr. cmr IfC PlI DOC· . 70 This instrument was ptCpared by: Peter 1. Gravina, Esquire Name PAVESE LAW FIRM Address Propaty AppraiSCl'$ Pan:d Idcntificatioa No.: OCWif.....J07 I&JJ lIe.dry Streel Post oma Drawer 150'7 FORT MYERS, FLORIDA Jm1 Grantee 5.5. No Gnntcc: 5.5. No. THIS INDENTURE W1rereYflr IIM:d he","" the Ie..... "pany"1Ita/1 UtcIuJe the hein, penmtøl "'pres~_i1Iu. StlCCCUOT1/ DndIor 1lU1grt8 of the ",..ctiw parties he""O: th~ - of the slnflllar fIU1fIb<r sltaU 1ncJ.. the plwrzl. ønd the plural lhe si"gukzr: tM "" of any getrtlu sJtaJ/ ÏIfdIIik aU gertders: II1IIi. 1/ IISd. tIw Ie..... "-" slra/llnc/" all. ",,"s "''''111 duall¥ti 1/",_ tlran_. Made this A day of ~ 1~ ,2005, Between, Peter.1. Gravina, Trustee under Trust Agreement dat the 15111 day of October, 2004, whose post office address is 1833 HendJy Street, Fort Myers, Florida 33901, party oflhe first part, and U.S. Home Corporation, a Delaware corporation, whose post office address is 10481 Six Mile Cypn:ss Parkway, Fort Myers, Florida 33912, party of the second part, Witnesseth that said party of the first part, for and in consideration of the sum ofTEN AND NO/tOO DOLLARS, in hand paid by said party of the second part, the receipt whereof is hereby acknowledged, has remised, released and . these presents does remise, release and quitclaim unto the said party of the see . tcrest claim and demand which the said party of the first part has in and @: -;n¡;.. ¡tuate, lying and being in Collier County, Florida, to-wit: æ' The Southwest one-qua r W-1/4) 0 u e SE-1/4) of the Southwest one- quarter (SW-1/4) in Section 20 To s 'ng d being in Collier County, Florida () & To Have and to the same, together WI all . ar the appurtenances thereunto belonging or in anywise appertai d all the estate, rì't t and claim whatsoever of the said party of the first part, either i ~. equity, to the only p f\û;, benefit and bchoofofthe said party of the second part. 0 P \)\^" f'HE CIRC In Witness Whereof, grantor ha grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: p~--- (-J Printed name of Witness # I ~~AAA~ Witness # K¡Of1d.~ r. ('. ~a rr(^ ~ Printed name of Witness #2 STATE OF FLORIDA COUNTY OF LEE The toregoing instrument was acknowledged before me this ~ day of ~~ 2005, by PETER J. GRA VINA, TRUSTEE, who is personally kno to me and who did not take an tho .~\ ~l Dwnc,y \f ,/ ~ Com"".."", DO 0." E..o,,"i~ .... 3de118 'fv~""rJ~ 'J2 200e My Commission EXJ) (es' Primed name of Notary Public I 18.00 .78 WilSÔnMiller@ " New Directions In Planning, Design & Engineering TABLE OF CONTENTS 1. Cover Letter 2. TOR Application Form 3. TOR Conservation Easement 4. Map of Receiving Area/Map of Sending Area (Parcel Location Maps) 5. Heritage Bay Golf Course Areas for TOR Application Receiving Land (Golf Course Areas - Receiving Land) 6. Heritage Bay TOR Parcel Descriptions Sending Land (Parcel Descriptions - Sending Land) 7. TOR Parcels 2, 3,4,5,6, 7, 9, 10, and 11 Offices strategically located to serve our clients 800.649.4336 Fort Myers Ofñce 4571 Colonial Boulevard. Fort Myers, Florida 33912. 239.939.1020. Fax 239.939-3412 wilsonmiller.com 10/13/2005- 40141 Ver: 031. TDOYLE CAIMJ N0442-21S-000- PCOR- 9157 WilsonM,Her.lnc. - FL Llc # LC,COOOr 70 Wi/SÔaMi//el' " New Directions In Planning, Design & Engineering Kris Van Lengen Heritage Bay - TOR Application October 14, 2005 Page 2 9. US Home, through its agent and attorney Peter Gravina, has now secured Sending Lands sufficient to produce these TORs. 10. Collier County Government has approved a comprehensive plan amendment which modifies the ratio of TORs which can be produced from Sending Lands. The new ordinance was approved by the County Commission on September 27,2005. 11. This application utilizes the base TOR and the Early Entry TOR from the Sending Lands to generate the 30 TOR's. Therefore, a total of 75 acres of Sending Lands is covered by these three Applications. Please issue the TOR certificates in the name of Bayvest, LLC. As you review the attached documentation, please contact me at 239-939-1020 for clarification or for further information. Sincerely, ISOW ~ v ¡chard L. Woodruff. DPA~1f/ Senior Vice President Managing Principal cc: Russell Smith. US Home Steve Erek, WilsonMiller Chris Hayes, Wilson Miller John English. WilsonMiller Dave W. Place, WilsonMiller 10/13/2005- 40136 Ver: 02!- RWOODRUF CAI¥43 Z5555·555·555· . 0 WilSÔnMiller® ... New Directions In Planning, Design & Engineering October 14, 2005 Mr. Kris Van Lengen Senior Planner Community Planning Department Collier County Government 2800 North Horseshoe Drive Naples, FL 34104 Re: Heritage Bay - TOR Application Three, Parcels 2, 3,4, 5, 6, 7, 9, 10, and 11 Dear Mr. Van Lengen: On behalf of US Home, Wilson Miller is pleased to submit an Application for the use of TORs relative to the development of the golf course at Heritage Bay. Please find outlined below an overview of the US Home/Heritage Bay development and the PUD requirement to use TORs in the development of the golf course. Overview: 1. Heritage Bay is a Development of Regional Impact and a Planned Unit Development approved by the Board of County Commissioners on July 29, 2003. 2. Under that approval, a maximum of 3,250 dwelling units could be built utilizing the Comprehensive Plan classification of Density Blending. No TORs are required in order to create the residential components of Heritage Bay. 3. Section 5.5 of the Heritage Bay Planned Unit Development established the requirement that for golf courses located in Sections 13, 14, and 24, (the rural sections) of Heritage Bay 1 TOR shall be acquired for each 5 acres of land utilized for the golf course. 4. US Home is developing generally the east half of Heritage Bay. The western half is being developed by Centex. 5. US Home has filed an SOP application for a 27 -hole golf course. This is application #7904/project #2005060002 with the project name Heritage Bay Golf Course. This SOP is nearing completion of review by county staff. 6. US Home has now received plat approval for their portion of Heritage Bay with those plats being approved in January of 2005 by the County Commission and recorded in June of 2005. This plat covers the residential areas as well as the golf course, maintenance area, and clubhouse. 7. The golf course has been platted utilizing specific tracts. These total 151.27 acres. 8. Utilizing 151.27 acres for the golf course results in a TOR requirement of 30 TORs on the basis of 1 TOR per 5 acres. Offices strategically located to sørvø our clients 800.649.4336 Fort Myers Office 4571 Colonial Boulevard. Fort Myers, Florida 33912. 239.939.1020. Fax 239.939-3412 wilsonmiller.com .;,; I :;~ \'er' 041- RWOODRUF W'!sonMlller,¡nc. - FL Lic.I LC-C0001TO ..~ -, - 0 er Cowntv cw"",,-,~~ APPLICATION FORM SEVERANCE OF TRANSFER OF DEVELOPMENT RIGHTS (TOR) CREDIT CERTIFICATE R':-'JRt'J TO: ::::~- ~ '~nensive Planning Dept. -~..., ~ -~ Horseshoe Drive FOR COUNTY USE ONLY AR# 'ié< ::::: F=L 34104 ::,'::;- 2: 239-403-2300 Date Received Completed Application Date CC Comp Plan Approval Date By: By: By: TOR CERTIFICATE # Recordation Date: Separate Application Required Per Sending Land Owner The validity of the TDR Credit Certificate issued by the County shall be contingent upon the truthfulness and accuracy of the information included in this application. APPLICANT INFORMATION i¿ ",'Ò.Jf Sending Land Owner (Must be completed): j~:~'Jrre Corporation ·<Cc:r2SS 10481 Six Mile Cypress Parkway City: Fort Mvers State: FL Zip Code: 33912 '':J ,l.~ -.. ..-- .::::::. . 239-931-3849 Fax: Email: ":;:r Agent (if applicable): ,__ -¡.¡i!ler Inc. (Richard L. Woodruff) 4571 Colonial Blvd, City: Ft. Mvers State: FL Zip Code: 33912 -~ -. 239-939-1020 Fax: 239-939-3412 Email: RichardWoodruff@wilsonmiller.com STATEMENT OF INTENT I wish to sever... x TORs from the entire property, or a portion of the property. I want to retain... o (number) dwelling units with the property for existing or future development. intend to... x maintain the property in private ownership, or (OPTIONAL) explore the possibility of conveying the property to Collier County or to another public or private non-profit agency. (OPTIONAL) I intend to sever the Base TOR and receive the Early Entry Bonus TOR from these properties. At a future date, I will explore the Environmental Restoration Bonus and the Conveyance Bonus. 1 of 5 10/13/2005 III. SENDING PROPERTY INFORMATION (attach additional listing as needed) 1. 2. 00413640002 8. 9, 00415520007 Folio Number/Parcel Number(s): Note: These numbers appear in the lower left corner of your Collier County Tax notice. 3. 00412080003 4. 0413720003 5. 00412800005 6. an 7. O. 00412120002 1. 00413760005 THIS INFORMATION REQUIRED FOR EACH FOLIO NUMBER ABOVE - (Attach additional Sheets as needed) Folio No.: Total Acreage of Property: See Attachment 1. 60 acres Total Acreage for which you wish to sever TDR Credits: 60 acres Are there any existing dwelling units located on the property or for which a valid building permit is in effect? If Yes, how many? Yes No x Are there any other buildings on the property? If Yes, how many? If Yes, what uses? Yes No x Has there been clearing for agricultural purposes on the property since June 22, 1999? Yes No x Describe how the property is currently being used (e.g. agriculture, home site, etc): No use nor improvements. Property in natural veqetated state. Are there any existing easements, deed restrictions or any other restrictions, items or covenants that could affect the TDR eligibility of the property? (e.g. power line corridors, access easements, conservation, etc.)Yes No X If so, please describe briefly 20f5 10/13/2005 IV. NOTICES AND DISCLAIMER Any determination of TOR eligibility by the County in response to this application is only valid for the date of facsimile notification and is contingent upon verification of no change in land use or development order issuance prior to TOR Credit Certificate issuance and recording. Any determination of TOR Credits under this application procedure does not vest the applicant for the calculated numbers of TOR Credits until the TOR Credit Certificate is issued and recorded. IMPORTANT NOTICE: SEVERANCE OF A TDR FROM THE SUBJECT PROPERTY AND PLACEMENT OF THE PROPERTY UNDER A CONSERVATION EASEMENT IS IN PERPETUITY AND IS IRREVERSIBLE. V. BUYER'S CERTIFICATION OF TDR PURCHASE FROM SENDING AREA SELLER (if applicable) Number of Credits Sold, Convoyed, or Transferred: 24 TOR's Date of Transaction: Consideration Paid: $0 Transfer between affiliated entities. (Must be a minimum value of $25,000 per TOR) Buyer/Grantee Bayvest, L. L.C. Sending Area Seller/Grantor U S Home Corporation Attach written evidence of the transaction (e.g. Contract of Sale or Bill of Sale 8avvest. L.L.C.. herein is true and correct. NOTICE - BE AWARE THAT: Florida Statute Section 837.06 - False Official Statements Law states that: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provided by a fine to a maximum of $500.00 and/or maximum of a sixty day jail term." - VI. PROPER Y ER 9ERTIFICATION i hereby certify that mformatÌ011 furnished on this application and the attachments are true and correct, that! am the Ie owner ofjh'èproperty described above, that I have marketable title to the property, and that ~ hí3véAegal ;~þtfo sever the residential development rights from the property. h ( -~ ' .~ \ < Signature of Ower Russe R. Smith V~c President, U S Home Corporation )o/r -:::./ zov ~ Daté ( C;igna[~.Ie of Co-Owner Date NOTICE - BE AWARE THAT: Florida Statute Section 837.06 - False Official Statements Law states that: 'Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the ..eriormance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provided by a fine to a maximum of $500.00 and/or maximum of a sixty day jail term." 30f5 10/13/2005 VII. ~ / g I GJ I [g APPLICATION CHECKLIST Is the following information attached? f A copy of the Warranty Deed for each lot or parcel as recorded in the public records of the Clerk of Courts of Collier County, Florida per the folio number(s) above. Also a legal description of the acreage from which the TDRs are being severed, if less than the entire property. Note: More than one lot or parcel may be identified by a single folio number. A title search, or other evidence, establishing that prior to the severance of the TDR Credits from the Sending Lands, such Sending Lands were not subject to any conservation easement, deed restrictions or any other restrictions, item or covenant that could affect residential development. Completed and executed original "TDR Conservation Easement".(County form TDR2) [The County recommends that you consult an attorney prior to executing Form TDR2]. Application fee: $250 non-refundable due with application. An additional $25 per TDR, not to exceed $2500, will be due upon facsimile notification of TDR(s) approved, prior to issuance and recordation. VIII. ADDITIONAL NOTES OR INFORMATION (Optional) Overview: 1. Heritage Bay is a Development of Regional Impact and a Planned Unit Development approved by the Board of County Commissioners on July 29, 2003. 2. Under that approval, a maximum of 3,250 dwelling units could be built utilizing the Comprehensive Plan classification of density blending. No TDR's are required nor needed in order to create the residential components of Heritage Bay. 3. Section 5.5 of the Heritage Bay Planned Unit Development established the requirement that for golf courses located in Sections 13, 14, and 24, (the rural sections) of Heritage Bay 1 TDR shall be acquired for each 5 acres of land utilized for the golf course. 4. US Home is developing generally the east half of Heritage Bay. The western half is being developed by Centex. 5. US Home has filed an SDP application for a 27 -hole golf course. This is application #7904/project #2005060002 with the project name Heritage Bay Golf Course. This SDP is nearing completion of review by county staff. 6. US Home has now received plat approval for their portion of Heritage Bay with those plats being approved in January of 2005 by the County Commission and recorded in June of 2005. This plat covers the residential areas as well as the golf course, maintenance area, and clubhouse. 7. The golf course has been platted utilizing specific tracts. The golf course totals 151.27 acres. Please see attachment 3. 8. Utilizing 151.27 acres as a golf course, the resultant TDR requirement is 30 TOR's on the basis of 1 TOR per 5 acres of golf course. 9. In order to create 30 TDR's, Bayvest, LLC has purchased land in the Sending Area of the Rural Fringe Mixed Use District. Utilizing a ratio of 2 TDR's per 5 acres (Base TOR plus Early Entry TOR) equals the requirement of 75 acres of Sending Land to generate the necessary 30 TDR's. 40f5 10/13/2005 IX. LETTER OF AUTHORIZATION FOR TDR APPLICATION (Required if owner is represented by an agent) TO WHOM IT MAY CONCERN: Richard L. Woodruff (Name of Agent - typed or printed) n application for the severance of TDR Credits from property identified in the Application. ome Corporation s ell R. Smith, Vice President Date: /0 ( t '3 ( ~ ðo ) I I hereby certify that I have the authority to make the fo complete to the best of my knowledge. application, and that the application is true, correct and STATE OF ( !f ~ "'OUNTY OF ( ~~ Richard L. Woodruff. WilsonMiller. Inc. Name - Typed or Printed ) ) 13~ daYOfÕ~ , 20 OS MY COMMISSION EXPIRES: MARGARET R. CORRIGAN MY COMMISSION # DD 200423 EXPIRES: April 6, 2!1J7 Bonded'Tlw NoIIIIy P\mIIc UndIrwI1In Cl-l90SE ONE OF THE FOLLOWING: f\ who is personally known to me, who has produced as identification and did take an Oath X did not take an Oath NOTICE - BE AWARE THAT: Florida Statute Section 831.06 - False Official Statements Law states that: "Whoever knowingly makes a false statement in writing with the intent to mislead ~ public servant in the performance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provided "y a fine to a maximum of $500.00 and/or maximum of a sixty day jail term." This document prepared by: Peter J. Gravina, Esquire 1833 Hendry Street Fort Myers, Florida 33901 (space above line for recording infonnation) BILL OF SALE This Bill of Sale evidencing the sale and conveyance of the right to receive Collier County, Florida, Transfer of Development Rights Base Credits and Early Entry Bonus Credits (hereinafter referred to as "TOR Credits") is made this day of September, 2005 by U.S. Home Corporation, a Delaware corporation (hereinafter referred to as "Seller") and Bayvest, LLC, a Florida limited liability company, its successors and assigns (hereinafter referred to as "Buyer"). WITNESSETH: That said Seller, for and in consid~ration of the sum ofTen Dollars ($10.00) and other good and valuable consideration to said Seller in hand paid by said Buyer, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred, set over and delivered, and by these presents does grant, bargain, sell, transfer, set over and deliver unto the Buyer, and the Buyer=s heirs, successors and assigns forever, all those certain Base TDR Credits and Early Entry Bonus TDR Credits severed ITom the following described lands situated, lying and being in Collier County, Florida, to wit: See Exhibit "A" attached hereto and incorporated by reference herein The Seller, for itself and its successors, hereby covenants to and with the Buyer and its successors and assigns that it is the lawful owner of the said personal property herein referred lo as TOR Credits; that it has good right, title and authority to sell same, and that it will warrant and defend the same against the lawful claims and demands of all persons whomsoever. Seller and Buyer are used for singular and plural, as the context requires. IN WIlNESS WHEREOF, Seller has caused these presents to be executed the date and year above written. Signed, sealed and delivered in the presence of: ~~k~ Pri namé: . -. . hUck </ ~~ g¿~~~ Pnnt name: K/ R J< K¿It..J .-?U.J ¿, G S' STATE OF FLORIDA COUNTY OF U e.. The foregoing instrument was acknowledged before me this / / 2005 by Ru~~~\\ S'fY'\'Ah as SRv P Home Corporation, a Delaware corporation, on behalf of the corporation. personally known to me or has produced ~o b'~ (" day of twmb-cr, of U.S. !:!.~/she is ~ as identification. ~ k~AÛ«tJ2 Sign e, Notary Public My commission expires: ..s) ~O/OC¡ . , (SEAL) ~.,.. ""\, ~~; ";o,.,~ Notary Public Slate of FlOrida Nlkl f< Starbuck My Commission DD406257 Expires OS/20/2009 EXHIBIT "A" HERITAGE BA Y 1) SW Y4 of the SE y.. of the SW Y4 in Section 20, Township 50 South, Range 27 East 2) East Y2 of the NW Y4 of the SE y.. of the SE y.. of Section 12, Township 50 South, Range 26 East 3) West Y2 of the NE y.. for the SE y.. of the SE y.. of Section 12, Township 50 South, Range 26 East 4) East Y2 of the SE y.. of the SE Y4 of the SE Y4 of Section 12, Township 50 South, Range 26 East 5) West Y2 of the SE Y4 of the SE Y4 of the SE Y4 of Section 12, Township 50 South, Range 26 East 6) SE y.. of the NE y.. of the NE y.. ofSection13, Township 50 South, Range 26 East I 7) East Y2 of the SW Y4 of the NE y.. of the NE y.. of Section 13, Township 50 South, Range 26 East 8) East Y2 of the NW Y4 of the NW y.. of the NE y.. of Section 13, Township 50 South, Range 26 9) West Y2 of the NW y.. of the NE y.. of the NE y.. of Section 13, Township 50 South, Range 26 East 10) NW y.. of the SE y.. of the SE y.. of Section 12, Township 50 South, Range 26 East 11) SW Y4 of the SE Y4 of the SE !/.¡ of Section 12, Township 50 South, Range 26 East ,- ----"""-...--....""....-----..". "Ii,"! /1, (/I/(I killdh· .!'iI.llld I'C[W,¡ to: :iiThcl1sin? Planning Department '\.; Horseshoe Drive : ',:s. FL 3-+ 1 04 COLLIER COUNTY TDR CONSERVATION EASEMENT TI flS CONSERVATION EASEMENT is conveyed this _day of ,20_, by ,Jl' Address: US Home Corporation, 10481 Ben C. Pratt. Six VIile CyPress, Ste 100, ; f '-hers. FL 33912-6460 ~lntor"). to Collier County, Florida. a political subdivision of the State of Florida, having a ¡¡¡'2 address of: 3301 E. Tamiami Trail. Naples, FL 34112. (the County). RECIT ALS \. The County has adopted amendments to the Future Land Use Element of the Collier ,. (Ínmth Management Plan ("FLUE Amendments") that ilre designed to prevent the premature I<)Il (1!' agricultural lands to other uses and to direct incompatible uses away from wetlands and .: hahitat in order to protect water quality ilnd quantity, to maintain the natural water regime, and to , li"tcd species offish, plants and wildlife and their habitats. f3 The FLUE Amendments delineate a Transfer of De\elopment Rights ("TOR") process ~:. [\) prmide an equitable method of protecting and conserving the most valuable environmental nc lulling large connected wetland systems and significant areas of habitat for listed species of Utlh and wildlife, while allowing owners of such lands to recoup lost value and development :1I through an economically viable process of transferring the development rights in such lands to 1"fC suitable lands. rhe Transfer of Development Rights process penn its a landowner to sever development ..~hcJ ;,) the servient lands for transfer as developer credits (verified and registered with the .\ ~ County) (the "TOR Credits") to other lands more suitable for development. A condition precedent to the estab]ishment of the TOR Credits is the grant of a Conservation Easement impressed upon the Sending Lands (as hereafter defined) that restricts uses of such Sending Lands to those uses pennitted under Subsection 2.03.08 A.4.b of the Collier County Land Development Code. 0, The FLUE Amendments include establishment of a land use classification system identified as Sending Lands within the Rural Fringe Mixed Use District ("Sending Lands"). The Sending Lands classification includes those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and/or habitat for listed plant and anima! species, such that the Sending Lands are principal targets for preservation and conservation. E. Grantor is the owner in fee simple of certain real property in Collier County, Florida, more particularly described in Exhibit "1" attached hereto and incorporated by this reference ("the Property"), As of the effective date of this Conservation Easement, the Property is designated as a Sending Land on the Future Land Use Map of the Collier County Growth Management Plan. F. Grantor desires to sever the development rights from the Property and to establish TOR Credits therefore in the manner specified in the Collier County Land Development Code. G. County and Grantor have agreed that it is appropriate to maintain the Property predominantly in its natural, open, agricultural or wooded condition and to retain such areas as suitable habitat for certain species of fish, plants and wildlife by restricting the uses on the Property to those set forth in Section 2.03.08 A.4.b of the Collier County Land Development Code The County has agreed to recognize and register 12 TDR Base Credits and 12 TDR Early Entry Bonus Credits in exchange for the creation and conveyance of the Conservation Easement on the Property. FORi\I TDR 1 2 H. This Conservation Easement is made pursuant to, and in full compliance with, the TDR <~~;) èstablished in the FLUE Amendments and Subsections 2.03.07 DA.f of the Collier County Land ';'; iùpmc11l Code to enable the transfer the TDR Credits to other lands and to impose the Conservation .~,(:mcnt on the Property. AGREEMENT In consideration of the mutual covenants, terms, conditions and restrictions contained and lìDosed by this Conservation Easement, including, but not limited to, the severance of ,o...·\c]opment rights from the Property and the creation of TDR Credits. the parties agree to the : iu\\ing terms and conditions: 1. Recitals. The parties acknowledge that the foregoing recitals are true and "1Tect. ') Conveyance. Grantor hereby gives. grants, bargains. sells. and conveys to the County, cl : ts successors and assigns, forever, a perpetual Conservation Easement over and across the 'perty. subject to the terms and conditions stated in this instrument and Grantor fully warrants the . [!~ I,) such Conservation Easement and will defend the same against the lawful claims of all ':.:ons whomsoever. 3. Purpose. The purpose of this Conservation Easement is to restrict the development . J ~¡se of the Property, from which TDR Credits have been severed. in order to promote the protection ...:,)nservation of valuable environmental lands and to protect against the premature conversion of 'roperty from agricultural use. ! q)R: .., .) 4. Reserved RÍ!.rht of Possession. Grantor shall have the right to sell, give, or otherwise convey the Property or any portion of the Property, subject to the terms of this Conservation Easement; provided, however, the instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to all of the terms and conditions of this Conservation Easement, and the instrument of conveyance shall incorporate this Conservation Easement by reference, specifically setting forth the date and page of its recording; provided, however, that the failure of any such instrument to comply with the provisions of this paragraph shall not affect the County's rights under the Conservation Easement. 5. Prohibited and Allowed Uses: Grantor and its successors and assigns may use the Property only for uses allowed in Sending Lands where residential density has been transferred, as set forth in the Collier County Growth Management Plan and Subsection 2.03.08 A.4.b of the Collier County Land Development Code. 6. Effective Date. This Conservation Easement shall be deemed effective upon the date of its recordation in the Public Records of Collier County, Florida. Prior to the Conservation Easement being effective, the Grantor hereby agrees that it shall not allow any activities on the Property which are contrary to the terms and conditions contained in this Conservation Easement. 7. Enforcement. Pursuant to Section 704.06, Florida Statutes (2003) and the Land Development Code of Collier County, the terms and conditions of this Conservation Easement may be enforced by the County or its respective successors and assigns. This Conservation Easement may be enforced by injunction or proceeding in equity or at law. The ownership of this Conservation Easement by the County or the attempted enforcement of rights held by the FORM TDR 2 4 County shall not subject the County to any liability for any damage or injury that may be :iuffcred by any person on the Property or as a result of the condition of the Property. 8. Assignment. In the event that the County changes its corporate structure, terminates its existence, or takes any other action that would make County no longer qualified to hold this Conservation Easement pursuant to Section 704.06, Florida Statutes (2003), then County shall immediately assign this Conservation Easement to another governmental body or Jgency or a charitable corporation or trust as described above who is entitled to hold this ('ùnservation Easement pursuant to Section 704.06, Florida Statutes (2003). 9. General. This Conservation Easement is granted pursuant to the Collier County Land Development Code, and shall be interpreted in accordance with laws of the State of Florida. All headings contained herein are for informational purposes only and shall not be .:cl1strued as defining or limiting the terms of this Conservation Easement. 10. Countv's Discretion. The County may enforce the tenns of this Conservation :iSCtllent at its discretion, but if Grantor breaches any term of this Conservation Easement and the . 'WHy does not exercise its rights under this Conservation Easement, the County's forbearance :::111 not be construed to be a waiver by the County of such tenn, or of any subsequent breach of the 1me. or any other term of this Conservation Easement, or of any of the County's rights under this .)J1scrvation Easement. No delay or omission by the County in the exercise of any right or remedy .;1:'n Jny breach by Grantor shall impair such right or remedy or be construed as a waiver. The elIlty shall not be obligated to Grantor. or to any other person or entity, to enforce the provisions .his Conservation Easement. : TDR 2 5 11. Rights of the Public. Nothing contained in this Conservation Easement shall give or grant to the public a right to enter upon or to use the Property or any portion thereof where no such right existed in the public immediately prior to the execution of this Conservation Easement, except as may be granted or expressly authorized by Grantor. 12. Limitation or Severance of Invalid Provisions. If any prOVISIOn of this Conservation Easement restricting Grantor's activities is determined to be invalid or unenforceable by a court, such provision shall not be rendered a nullity if the provision can be reduced or limited to the extent that the court determines will make it enforceable and effective. If any provision of this Conservation Easement is determined to be completely invalid or unenforceable by a court, such provision shall be severed from the other provisions, and the remaining provisions shall remain enforceable and effective. 13. Modifications. This Conservation Easement may be modified only upon the written consent of both Grantor and the County, or their respective heirs, representatives successors or assigns; provided, however, no modification of this Conservation Easement may be made that would result in this Conservation Easement failing to qualify as a valid conservation easement under Subsection 2.03,07 D.4.f.ii (a)(iii) of the Collier County Land Development Code. 14. Recording. The County shall record this Conservation Easement in timely fashion in the Official Records of Collier County, Florida, and may rerecord it at any time the County may require to preserve its rights. Grantor, or such person to whom the Grantor conveys the TDR Credits severed from the Property, shall pay all recording costs and taxes necessary to record this Conservation Easement for the first time in the public records. FORM TDR 2 6 15. Successors. The covenants, terms, conditions and restrictions of this Conservation Easement shall run with the title to the Property and shall be binding upon, and inure to the benefit of, the respective parties hereto and their respective personal representatives, heirs, successors and assigns and shall constitute as a servitude running in perpetuity with the title to the Property. IN WITNESS WHEREOF, Grantor and the County have executed this Conservation Easement on this day and year first above written. Executed and delivered in our presence as WITNESSES: GRANTOR(S): Signature ~ ~ Printed Name: \ $j£:~g---.\? ~ Signature: Printed Name. SignarureW_~ ~~ 't~ Printed Name: . k't '.:\ ~~ Signature: Printed Name: STATE OF FLORIDA COUNTY OF L.~~ The foregoing instrument was acknowledged before me this ~ day of Cj\\(":'b~~ , 20 OS, by ~,","~E.. \ \ ~ S"'f)'\-\:\:\ , who is --- personally known to me or produced as identification - ---- ; ----......":::~.-"'.'''''_..~..--~~.,~_.~.,'''~,,~ ;,: .~o\:~:~,:Jj;: ~~o[a;,,:' U,JLk'" State 0f r=¡onda I . .. î>¡J ,J." ,. "':':~:'JC~ , ~""~."- .j" ·:(~:·""O'·I··r 00'1 "25" 7.... :0- "." . - ,.d ~'I r '10,0 I '0' ,,' ',. _" :~.E,e.~:::~?:?:~g!",,_, .~ Nota Public, State of Florida at Lar~e My Commission Expires: tJ~~OC1 Commission No. ~'1l) ; 'ð5 NOTE: THIS BOX IS A GRANTOR EXECUTORY TEMPLATE AND SHOULD BE ADAPTED TO REFLECT THE NATURE OF THE OWNERSHIP,I.E.. INDIVIDUAL. TRUST. CORPORATION. PARTNERSHIP. ETe. . FORM TDR 2 7 · \ttest: Dwight E. Brock, Clerk Commissioners E3\': Q..u.¡.. ~ (J.( attost t tnM~a . ~1gnaturt on1, '.; '. '." '..," m and legal sufficiency: .~ l~ í?e ~ \; \..~\~vv County Atto~ey 'nI TOR 2 GRANTEE: Board of County Commissioners of Collier County, Florida By: ·-;þ,-JL LA,: (~ar<~, , Fred W. Coyle, Chainnan \.J ') ,. 8 EXHIBIT 1 Heritage Bay TDR Parcel Descriptions (Sending) TOR Parcel 2: The West 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, Range 26 East, Collier County, Florida, (Folio Number 00413640002); 5 acres ± TOR Parcel 3: The East 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, Range 26 East, Collier County, Florida (Folio Number 00412080003); 5 acres ± TOR Parcel 4: The East 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, Range 26 East, Collier County, Florida (Folio Number 0413720003); 5 acres ± TOR Parcel 5: The West 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Southeast ~ of Section 12, Township 50 South, Range 26 East, Collier County, Florida (Folio Number 00412800005); 5 acres ± TOR Parcel 6: The Southeast 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 50 South, Range 26 East, Collier County, Florida (Folio Numbers 00415200000 and 00415240002); 10 acres ± TOR Parcel 7: The East 1/2 of the Southwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 50 South, Range 26 East, Collier County, Florida (Folio Number 00414880007); 5 acres ± TOR Parcel 9: The West 1/2 of the Northwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 50 South, Range 26 East, Collier County, Florida (Folio Number 00415520007); 5 acres ± 10/13/2005- 40087 Vee 061. SEREK ::"443 f\¡04~2·215-00Q. SlGl- 9222 TOR Parcel 10: The Northwest 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, Range 26 East, Collier County, Florida (Folio Number 00412120002); 10 acres ± TOR Parcel 11: The Southwest 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, Range 26 East, Collier County, Florida (Folio Number 00413760005); 10 acres ± Uß!· SEREK , ..-~ ;.. ',.""" COLLIER COUNTY NOTICE OF TDR CREDIT CONVEYANCE (Applicable only to conveyances of TDR Credits subsequent to the issuance and recording of a TDR Credit Certificate) Number ofTDR Credits Conveyed: 24 (Not to exceed 50 TDR per Conveyance) Date of Conveyance: TDR Credit Nos: (Identify each TDR Credit by number below) Attach written evidence of the conveyance (E.g.: Contract of Sale; Bill of Sale) Buyer/ Assignee Seller/Assignor Name: Bavvest, LLC Name: U S Home Corporation Address: 10481 Ben C. Pratt. Six Mile Cypress. Ste 100 Address: 10481 Ben C. Pratt. Six Mile Cypress, Ste 100 City/State/Zip Code: Fort Myers, FL 33912-6460 City/State/Zip Code: Fort Myers. FL 33912-6460 Signat Signature: Russell R. Smith, Vice President To be completed by Collier County Comprehensive Planning Department: AR Number: Date Conveyance Registered: By: FORM TDR 3 1. Thl. _hlbH _ _rwl utilizIng GIS _ by_. .aurea, wlr/ch "",y Include but not be/lmlted 10 _,.,, .-. Dlatrkt, IHId I~ .genc"'. Thl. prr>perty ownerahlp _. h.. not _ IIfH1t1ed by Wf/aonMl11er for BCCuaCY· IICINIJ c .) Neutral Zone C~ Receiving Zone ~ Sending Zone 48 US Home TDR Parcel <¡;IJ ~ ¡..... ;......~ ¡..... , ' .,.;;j " C Cv vE;j ¡,,¡;¡....... ¡,,¡;¡ .....¡ .....¡......¡ C v GULF OF j"J;f L7(/CO t TDR Parcel 2 TDR Parcel 3 TDR Parcel 4 TDR Parcel 5 "'1 I TDR Parcel 7 TDR Parcel 1 I DR PARCr! s TOR Pan;eI #I Folio #I ACl1Iage (--~ Neutral Zone 1 00460440307 10AC 2 00413640002 . 5AC ~ Receiving Zone 3 00412080003 . 5AC 4 00413720003 - 5AC 4&!& Sending Zone 5 00412800005 . 5AC 6 00415200000 & .. US Home TDR Parcel 00415240002 10AC 7 00414880007 - 5AC 8 00414800003 5AC 9 00415520007 - 5AC 10 00413760005 - 10AC 11 00412120002 - 10AC Total = 75 AC L 1 C; I· N D G I, N ERA L NOr I' s 1. This exhibit WitS _red utilizing GIS _ by V/Jrlous soun:es. wllleh msy l~cIude but not be limited 10 _"", _Ie, District, IHId locs/sQfHlcles. This property ownershIp d8ts has not been V/JrifIed by WlllIOIIMlller for IICCUIJCY· . ~,. :. i f : L\~~rDR P A~R_C~_~_ LOCATION MAP - 2 VJ?!18$ônfJIJIßlerr Heritage Bay TDR Parcel Descriptions (Sending) TOR Parcel 1: The Southwest one-quarter (SW-1/4) of the Southeast one-quarter (SE-1/4) of the Southwest one-quarter (SW-1/4) in Section 20, Township 50 South, Range 27 East, lying and being in Collier County, Florida, (Folio Number 00460440307); 10 acres ± TOR Parcel 2: The West 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, Range 26 East, Collier County, Florida, (Folio Number 00413640002); 5 acres ± TOR Parcel 3: The East 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, Range 26 East, Collier County, Florida (Folio Number 00412080003); 5 acres ± TOR Parcel 4: The East 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, Range 26 East, Collier County, Florida (Folio Number 0413720003); 5 acres ± TOR Parcel 5: The West 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Southeast X of Section 12, Township 50 South, Range 26 East, Collier County, Florida (Folio Number 00412800005); 5 acres ± TOR Parcel 6: The Southeast 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 50 South, Range 26 East, Collier County, Florida (Folio Numbers 00415200000 and 00415240002); 10 acres ± TOR Parcel 7: The East 1/2 of the Southwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 50 South, Range 26 East, Collier County, Florida (Folio Number 00414880007); 5 acres ± ,,~ SEREK '.'.1' \'\1..¡.¿_. - --- TOR Parcel 8: The East 1/2 of the Northwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 13, Township 50 South, Range 26 East, Collier County, Florida (Folio Number 00414800003); 5 acres ± TOR Parcel 9: The West 1/2 of the Northwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 50 South, Range 26 East, Collier County, Florida (Folio Number 00415520007); 5 acres ± TOR Parcel 10: The Northwest 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, Range 26 East, Collier County, Florida (Folio Number 00412120002); 10 acres ± TOR Parcel 11: The Southwest 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, Range 26 East, Collier County, Florida (Folio Number 00413760005); 10 acres ± 8/23/2005· 40087 Ver: 011- SEREK CA#43 299911-999-999- - 00000 Heritage Bay Golf Course Areas for TDR application: (Receiving Lands) Tract "GC-1", (Golf Course) Heritage Bay, Plat Book 43, Pages 15 through 45, Collier County, Florida, Area = 32.89 Acres ± Tract "GC-2", (Golf Course) Heritage Bay, Plat Book 43, Pages 15 through 45, Collier County, Florida, Area = 5.24 Acres ± Tract "GC-3", (Golf Course) Heritage Bay, Plat Book 43, Pages 15 through 45, Collier County, Florida, Area = 20.79 Acres ± Tract "GC-4", (Golf Course) Heritage Bay, Plat Book 43, Pages 15 through 45, Collier County, Florida, Area = 28.53 Acres ± Tract "GC-5", (Golf Course) Heritage Bay, Plat Book 43, Pages 15 through 45, Collier County, Florida, Area = 9.55 Acres ± Tract "GC-6", (Golf Course) Heritage Bay, Plat Book 43, Pages 15 through 45, Collier County, Florida, Area = 2.18 Acres ± Tract "GC-7", (Golf Course) Heritage Bay, Plat Book 43, Pages 15 through 45, Collier County, Florida, Area = 28.27 Acres ± Tract "GC-8", (Golf Course) Heritage Bay, Plat Book 43, Pages 15 through 45, Collier County, Florida, Area = 11.80 Acres ± Tract "GC-9", (Golf Course) Heritage Bay, Plat Book 43, Pages 15 through 45, Collier County, Florida, Area = 11.69 Acres ± Tract "GC-10", (Golf Course) Heritage Bay, Plat Book 43, Pages 15 through 45, Collier County, Florida, Area = 0.33 Acres ± Total Area: 151.27 Acres ± 8/16/2005- 39844 Ver: 01!· SEREK C....3 Zgggg.gw.ggg. .00000 ::r @ ...... IV ...... '0 0 0 :....:.. .. 3' () g ~ ~. "0 ~ () 0 ("') c: ~ " .:;;: - "U r¡;. è ..., ." ~ C!> '0 ;:¡. '< '0 }> ..., ." ~. ." VJ õ1 (t> ¡¡ï ..., !!¡ ~ ~ 0 ~ ro 5' ~ C!> (t> () 0"' g 3 ~. ~ () '0 0 --... c: 3 " .:;;: ~ "U '0 è '0 ." ::1. C!> ;:¡. ::s '< :- }> ." ~ õ'"~ VJ ~'" '0 ~ii) ;>< C!> !!¡ ...,:¡ 0. -. ::::. ",I/> -() ...... "'0 (þ "'"3 II !!¡3 æ.::+ ......J ,,- - C!> Ü ;::;.:Q. 1/>- ::=0 0 5i~ ~ _C!> 0 0 05. N ~o. 0 ;::;.: :r '"0 I/>(Q ~ ~~ ..., ("') "Ò3 (t> ~ 0 ~ !'!.I/> "'- ~Q) o() N " () 0 c: õ1 N $" ~ '" 0 " 0. ..., c: õ· "9 ::s õ ...... 6. II '" e- $" >- 5' Z õ 3 Ü 2!. CI.J Õ (J -" " >- 0 '"0 ~ tT1 !!: õ1 ~ ;:¡. '0 iiï ~ I/> C!> '0 x (t> ." i1 ¡¡¡ I/> I/> e- C!> tT1 0. g ......J 3 ......J "2- tT1 iiï ::=0 0. ~ '" ¡¡¡ ." è < ~ ëi C!> N 0. ~ --... N 0 0 VI ~I;~f~ ...IC ftI 3 - :;;;:!!!.ificþO !;Iii·· z O¡ IIØC ~n Z ~g. m~.tII <CD ~~ 3 Z ~ ~õ'!I! »8 ~~Z-i~ ...O::tl~ ~"'~~~ ...g;-imo :;;;:",m-io O1Q»>mß »<c::tI a:S:C<- ~~ ocn "cn .0 DO tJ f fflf II ¡ z:i: ~à§~i ~~ '<}::"õ' s~ .. i a ~ (t C Z - 0 ! d ~ Details Page I of I - Current Ownership Folio No·1I 00413640002 Map" Property Addressll NO SITE ADDRESS Owner Name GRAVINA TR, PETER J Addresses AGREEMENT TRUST UTD 3/28/05 11833 HENDRY ST City FORT MYERS II State II FL II Zip 33901 - 3054 I Legal/I 125026 W1/2 OF NE1/4 OF I SE1/4 OF SE1/4 5 AC Section II Township Range Acres 12 II 50 26 5 Sub No. 100 I ACREAGE HEADER '1J Use Cod!,! 99 I NON-AGRICULTURAL ACREAGE Map No. 5812 Strap No. 502612043.0005812 '1J Millage Areêt 1 JëJ Milla~ 13.7153 2005 Preliminary Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History I Land Value II $ 42,500.00 II Date I 800k - Page Amount I (+) Improved Value $ 0.00 06 1 200t 3823 - 1436 $ 250,000.00 I (=) Market Value $ 42,500.00 05 1 2001 2832 - 787 I $ 27,500.00 I (-) SOH Exempt Value $ 0.00 01/1992 1§83 -~7 $ 0.00 I (=) Assessed Value $ 42,500.00 (-) Homestead and other Exempt Value $ 0.00 (=) Taxable Value $ 42,500.00 SOH = "Save Our Homes" exempt value due to cap on assessment Increases - The Information is Updated Weekly. '1!'· "\\::~)¡! ierappraise~:com/Record Detai l.aso'ìEo! in I n~ÜÜn()()J. I ~ f.J.{)n{)J 01""\ ,f '-'1\[\.- ttt OR: 3903 PG: 3089 ttt Plant File Number: 05-4743 Agent File Number: F1..80504 7. EXHIBIT" A" PARCEL I The Northwest 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township SO South, Range 26 EasC Collier County, Florida. PARCEL 2 The Southwest 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township SO South, Range 26 East Collier County, Florida. PARCEL 3 The East 1/2 of the Southeast 1/4 of the Sout Range 26 Eas~ Collier County, Florida. ~\;\ß (;0 the st 1/4 of Section 12, Township SO South~ PARCEL 4 The West 1/2 of the Southeast 1/4 f t Range 26 East, Collier County, FI¡'d A ARCEL 5 The West 1/2 of the Northwest 11 6f Range 26 East, Collier County, Flo ':P PARCEL 6 ~ The East 1/2 of the Northwest 1/4 of th Range 26 East, Collier County, Florida. t 1/4 of Section 13, Township SO South, heast 1/4 of Section 13, Township SO South, PARCEL 7 The East 1/2 of the Southwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13, Township SO South, Range 26 East, Collier County, Florida. PARCEL 8 The West 1/2 of the Southwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 50 South, Range 26 East, Collier County, Florida. PARCEL 9 The West 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, Range 26 East, Collier County, Florida. PARCEL 10 'T'''~ East 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, .ge 26 East, Collier County, Florida. ,1 \.- let.: PAVlS. LAII PIRJI P 0 BOI 1507 fT nus PL 33902 1507 Return 10: Peter J. Gnvina, Esquire Nome: Pavese. Haverfield. c:t aI. Address: COW1house Box J 8 3710440 OR:. 3903 PG: 3088 mOROID in the OPPICm molOS of COLLIBH coum. PL 10/0412005 at 02:08PII OIiIG!' I. BROCI. CLlRK oem DOC-.70 18.50 .70 This instn.uncnt was prepared by: Peter J. Gravin.. Esquire Nome PAVESE LAW fiRM Address IUJ Headry Street Post om"e Dra...er 1507 FORT MYERS, FLORIDA 33902 ==No.:OO"l121l.00<>Z-j 604 1"3'7(, coos 004\ 3, ZCbi03' DOY 1 z. <:¡ CDcOS-; , b041 SS2DD07 j OC><../I~"ír 0c>00 '3; 004 1"Ì~'8{)C;:Jo,', L?ö4/(p ö4 boo, ~ oey-ll ?>fø 't o:oZ', (X)'-t I 20 '&' OC)::) 3 G,.nce 5.5. No. Gron.... 5.5. No. THIS INDENTURE Wltenw, _d "",."ùo, tJw._ "party" sMllllfcJudø tJw ""I". pert""," ""P,."Htr/Q/_.. tuCœttOl" and/OI' ttttigru of tJw ,."tpecttw parliu "",."to; I"" "'" of tJw 1ÙIp/Qr ~, ,/rQJI1N:IMde tJw plural. IINl tJw plural 1M 'ingwlar; tM - of any ~Nk, tltøU inchuie all ~ndut; ønd. if -d, tJre .mr "nok" thoU incJudø aU tJw nota "",."in ducriMd if "",,." thøn mw. Made this ~ day of $ fl.. ~ , 200S, Between, Peter J. Gravina, Trustee under Trust Agreement datéd the 28111 day of March, 2005, whose post office address is IS)) Hendry Street, Fort Myers, Florida 33901, party of the first pan, and U.S. Home Corporation, a Delaware corporation, whose post office address is 10481 Six Mile Cypress Parkway, Fort Myers, Florida 33912, party of the second part, Witnesseth that said party of the first part, for and in consideration of the sum ofTEN AND NO/lOO DOLLARS, in hand paid by said party of the second part, the receipt whereof is hereby acknowledged, has remised, released and' e these presents does remise, release and quitclaim unto the said party of the seco . terest claim and demand which the said party of the first part has in and CI!) ~ ituale, lying and being in Collier County, Florida, to-wit: See attached E s,#~~/!£- l ~ Prinled name of Witness # I ~~J2~~Æ'~QO~ ) Witness #2 '-{cnd,...; <1 K ~/~.pr Printed name of Witness (Seal) STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me is.l1 day of C' ~ V , 2005, by PETER J. GRA VINA, TRUSTEE, who is personally known t me and who did nOI tak~ / í " Notary My Commission ExpIres: J'.... ~ ~ l Denby . " . My Comm,.."", DD366216 \.~../ EKþ (ðS Navemt)e1' 'J2 2()().~ 14 : 22 FAX 9 41181 :3 2 8 1 APTIC FI' MYERS @004 37saHG iU 613i'w 714 IIFcr'P '.(1 O,flC ~I' " .. iQO~ COlL"l . . , ;~'OA DEED made this ~'arch 3, 1975 by Mat § 9 145 AM ·7~ B~RRON COLLIER, JR., and I!^!EL OO~%ER READ {hereinatt..r c:al1ed t:he (trantor.), whoao petit ofUce addr... M.hC/.:;~· i. $cgn CI..lJlII 01 ~ ltcuI1 tOIlIl' 1. 3003 Nor~' Tamiami Trail, Hapl." rlorida, joined by MARCU£RITE R. COLLIEn, the wife ot Barron Collier, Jr., And WILr..I1\M 11. R£I\.C, JR., ~. hu.band of Isabel Collier Read (hereinaf~er called the spouses) ~o COWRY CORPORATION, a ~lo~ida corporation (hereina~ter called ~. ~rantee), whose poat otfice address 1s 365 ~i~th Avenue SOuth, Napl.., Florida. !!!.!~!~!!!!!r The ~rðntor. and the Spouse., in consideration ot the sum of one Hundred collar. And other ~ooð and valuable con.~d.ration, the reoeipt whereot i. he~_Oy ac~naw18dqad, hereby grant, bargain, aell, :eleas. and oonvey to the Grantaet its suee...orø and asaiqns forever, the following deacr1beå lands (hereinatter called .aid lAnd.), aituate, lying and being in Collier Couney, State of Floridas TOvnahip SO southt Range 27 Eas~. De.cription All except road right- ot-way tor ata 1:8 Road 84 (Alligator AUey) A1~, .xe.pt road right-of~ay tor sut.e Road 84 r.,I, Instr~nt w.. prap.red by Harold $, Lynton, Attorney at Lew ~os. .ddroll I. 100 ParK Av~u., New York. New York 10017 . - Sðo ti on 2 3 .. "-0-' .11itl 10/04/2005 14:23 FAX 941 481 6281 APTIC FT MYERS I4J 005 IU 613 /'ALI 715 10 11. 15 17 20 21 22 23 29 AU AU All All All All All ~ll A11 T~.hi~ SO South, øanø. 21 EAat ~.ction oelcriøt1oft 24 All T~.hi" 51 South. Raftq. 28 hIt: 35 D..cdÞt:1on Alto Section TOGETHER with any and all right, ~1~1e.nð inta~-.~ ot the Grantor. and the SpoUS.. !n and to any and all tmpr~- menta on or ~o .a1d LAnða1 '.t'C'XŒ'mEI't wit.h all t8nement., berecS1u..nu aD4 apøurtenanoee and all r19ht., powere, priv118'.., t1~1." interestu, a.tatoø, dow.~, ourte.y a~d right. Of ð~r and . curta.y, reversion., r.maindera. .aaemant. and riparian riqh~. ~\er.to belonging or in any wi.. apper~1ninq. TO HAVE AND ':0 HOID ~HE SAME in t.e dwapl. forever. SUBJECT, however, 1:0 the tol1QWil19 wit:h re~t t:o the 011, qa. And mineral- in. under and ~at. may be produced f~ .aid land.. 1'h. Qruwr. MZ'eby e~aept fZ'Oll thb deed. and aoftveyuo.l, and. henby Nllerve and reU1n to 1:h.._lve... t:he1J:' b1J:'.. JlUOoe..OZ'. aDd ...iqn., ..2-' ." ;:~3 F~1 941 481 6281 APTIC FT MYERS ~006 U~ 613 ~~u '110 AWllolu1:aly and forever all of the inter~At. and ownership ot the Grantor., at. the tiMe ot thei~ o~acut1on of thi- deed, 1" the oil, ~a" anù mineral. in, under and that may bo produced from said landa. The Grantorll, their heir!!, successors and 88Siqns, .e owners of such oil, qa8 And ~inera18 interes~ Dhall not, without the wri~ten conment. of the Grantee, its øucces_ors or aS8igns, 48 QWners of the surface of said landa, have any ri~hts, powers or privil.~.D to mine, produce or extract any oil, qa. or Minerals lyinq lea8 than one hundred twenty-five feet below the pre.ant. surfacø of sAid land., the Grantee, its successors and .ssiqn., A8 such surface owners, in connection with and incident. to ony u.e, con.t.ruction or ~provementa by them o~ or 00 tho.urfAce of BAid lands may, without the con..nt ot the Grantor., their heir., successors or a..i~. (and .ubject only .- cny riqht. of oth.r. than ~. Gran~or., their heirs, lucoa..or. or a...19nl>, di.place, 'consume, Use or de.troy any oil, qaa or mineral. ~ying. le.. than one hun4red twenty-five feet below the pr...nt .ur!ao. ot .aid landa1 but nothinQ contained in the precedin~ clau... at this sentence sha¡l b. con.trued to limit or impair any rights, power. or pr1vileqel of the orantor., ~eir heire, .UCC.II.O~. and a..19n., All owners of such oil, qaa and min.ra1a inter..t, and the Grantor., their heir., lucce..or. and a.ligne, .. .uch QWn.r. ahall hAve the full :iqhts, powerl an~ pr1viloq.., "3" 10/04/2005 14:23 FAX 941 481 6281 APT I C FI' MYERS ~007 IU 613 r~~t 111 to min., p~04uc. anð .xtr'c~ any 011, qa. or mine~.l. ly1n9 one hund~ed ewen~y-tive te.~ or IIIIOre belmt the pr..ent .urface of ..1ð land.. Such r1qh~., pDWWr. and ~1Yiteve. ot the ar.ft~~', U¡ei: heir., IlûccealOr. and ...19ft., .hall, without li.mi~t:ioft, 1ftc:l~, 1n ~.~c:t at a.1eS laneS., aU tho.. ~auorulbly a4eSr....d to inv..~19at1n9, .xplœ'lnc¡, prollpectift9, 4:,U.11%19 and ext:ractinq 011.. qa. and min.ral. bu~ ah.ll not .xtend ~ .n~inli Chat would unre..onably intertere w1~ ~. ~n current u.. by the Orantea, it- .ucca..ora· OJ:' ...19n., or the Durfee8 at ..:1.4 land'. SUBJECT ALSO ~ any v.lið riqh~-of-way. ...-=-nt., ra.tt1.cUonl and J:'..az:Y.~ion' t:hat are ot !:IecoJ:'d or tha~ an iJUpect:ion would <11.c10'., including, without:. li1rJ t.at,1on, 1:ho.. for road., public utllit.1.., bo~row piu, outfall d.1.t:eh.. and drainaqa. '. SUBJECT ALSO t.o the IftDrtqage intenc!ad t:.o 1:HI ,..4e by the Grant.. a. IIIOrtgaqor to Colli.r-Read ccapany a. mo:'b¡Aq.., unðer ~. dau ot thb De.cS and intenc!ed. to be ~eQor<1ed .imult&nuou.ly harew1th &Dang the PUblic Reaord. o~ COllier COunty, Plodda, ia t:I1. p::l.ndpal If\UII of Biliht:. Hundred Sixty-one Thou.and ($.&1,000) Dollar. with int.r..~ at t.h. rat. of five (5" percent. pet' annum. 'J:'h. spou... have execrute4 thh de.d H1ely for the purpo.. of oonveyift9 and rel1nqu1lhing any of ~ir J:'1qh~., -4- .'" ,",' _I), 'J -.., .) ¡ ;-:, ~4:23 £~ 941 481 6281 APTIC FT MYERS U! 613 U'l; 718 titles And i~ta~c8t., incl~åln9, w1~hou~ limi~At1on, dowar an4 C1.\rtesy, i~ u1d land. anc't tbeh' Appu~tðn.nca" IN WITNESS WHERCOF, ~. Q~antor. and ~. Spouø.. hava hereunto .at.~.ir hand. and leal. tho day and year first Above mentioned. S1qned, sealod And Oe11veroð in our pre..nces 4 ~ ~ ~ ~. _~_ J _ ß.J14,j ~.r .. o~J. er (SEAL) whW~ ;:rie~rþ (SEAL) ... v' ... .. [4]008 - pro ... .... ,:,: ." .... ..~ ... co .. "" '~ ... ~ -5- 10/04/2005 14:23 FAX 941 481 6281 APTIC FT HYERS iii 009 IU 6"13 ~~,,~ . 719 S'1'M'E Of' Ft.ORtDlI COUNTY OF COLLIT.R 5S.s Tho unders1qned ~.raby oert1t10. th.~ BJ\RRON COLI.xr.n.. Jtt.. Hl\R.GUEnl'1'E n. COLI.IEfJ. tSMn~Lo COLLI1::R JtCAD and WtLLINt 1\. 1\F.J\1), 3R., t.CI .. kneWn and known to rno to be the peraone deacribe4 in and who Itxecu.tec1 the ~ot'e- qoing Deed, pe~sonally a~arad ~ata~e ~e thi. day and acknowledqed that ~øy execu~d ~e aam8. In WX'l'U¡:;SS wtlERF.Of', I have hozoeunto ..~ my hand anå official 8.a1 t:h1s 3rd day of March 19'75 . ~ : I .; . .. ?I.¿.(..'- ;9 ~ {i..~ ~.I~;"'{ NoUry PUÐUC ~~....., ..,... --..;,. r..... ~rIw. a-. top "-"."",., Ow. _, '''' , "<1'''''''' :.. .If·.··II. .:..... ..:.... ., -....' '. ....~... '. . , . , - Ae)~IDOCUMOOARYg.~ '" :~ ~¡ FL~' A ¡URTAX1ª': '.~ .It ~".íl'i' =.14 ~c _ ..î, IU.-"JI 9 9 9." 0 0 = '¡ ~ RI. =~~ .,,,... lad. = .; :: ,.0; " .' ,,' .... to' ,I' DOCUMENTARY::: SUR TAX;g l: 8 2. 8 5\; ........... .. ON..... ......... .... .. C:O"&.Jr. cvv-ft'. flO....... .....lt4an 1". ~" - .. - ..... · EXHIB IT " A" PARCEL 1: THE SOUTHWEST Y4 OF THE SOUTHEAST Y4 OF THE SOUTHWEST Y4 IN SECTION 20, TOWNSfllP 50 SOUTH, RANGE 27 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 2: THE EAST Y2 OF THE NORTHWEST Y4 OF THE SOUTHEAST Y4 OF THE SOUTHEAST Y4 OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 3: THE WEST Y2 OF THE NORTHEAST Y4 OF THE SOUTHEAST Y4 OF THE SOUTHEAST Y4 OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 27 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 4: THE EAST Y2 OF THE SOUTHEAST Y4 OF THE SOUTHEAST Y4 OF THE SOUTHEAST Y4 OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 27 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 5: THE WEST 1/2 OF THE SOUTHEAST Y4 OF THE SOUTHEAST Y4 OF THE SOUTHEAST Y4 OF SECTION 12, TOWNSHIP 50, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH PARCEL 6: THE SOUTHEAST Y4 OF THE NORTHEAST Y4 OF THE NORTHEAST Y4 OF SECTION 13, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 7: THE EAST Y2 OF THE SOUTHWEST Y4 OF THE NORTHEAST Y4 OF THE NORTHEAST lj,¡ OF SECTION 13, TOWNSfllP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 8: THE EAST Y2 OF THE NORTHWEST lj,¡ OF THE NORTHWEST Y4 OF THE NORTHEAST lj,¡ OF SECTION 13, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 9: THE WEST Y;¡ OF THE NORTHWEST \t4 OF THE NORTHEAST \t4 OF THE NORTHEAST 'Ä OF SECTION 13, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 10: THE NORTHWEST \t4 OF THE SOUTHEAST \t4 OF THE SOUTHEAST 1;4 OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL II: THE SOUTHWEST \t4 OF THE SOUTHEAST \t4 OF THE SOUTHEAST 1;4 OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA. PAVESE LAW FIRM CHARLES MANN (239) 336-6242 E-mail: CharlesMann@paveselaw.com 1833 HENDRY STREET, FORT MYERS, FLORIDA 33901 I P.O. DRAWER 1507, FORT MYERS, FLORIDA 33902-1507 (239) 334.2195 I FAX (239) 332-2243 October 5, 2005 Collier County Board of County Commissioners 3301 Tamiami Trail, E Naples, FL 34112 RE: Application by U.S. Home Corporation for Severance of Transfer of Development Rights Dear Sir/Madam: This letter is being written pursuant to the above referenced application for the Severance of Transfer of Development Rights. I am writing this letter on behalf of U.S. Home Corporation, the current owner of the sending lands (the "Property"). A legal description of the Property is attached to this letter as Exhibit "A". Please be advised that I have reviewed pertinent title policies for the Property, which policies are referenced by Ticor Title Insurance Company of Florida Policy No. 7110609-43269, effective June 16,2005 and Policy No. 7110609-4788, effective January 20.2005. I have also reviewed a title search of the property from January 20, 2005 to August 24,2005 and examined affidavits from the Owner for the period from August 24, 2005 through September 12,2005. The above referenced documents revealed that there has been no prior severance ofTDR credits from the property and that the property is not subject to any conservation easement, deed restrictions or any other restrictions, easement, item or covenant that prohibits residential development, however, there is no insured right of access to the Property and Parcel l0r:'¡at~d Exhibit A is subject to oil, gas and mineral reservations, as recorded in Offiêial ~~:ts_ ok 613, at Page 714, of the Public Records of Collier County, Florida; a CZP. ;of yhi is attached to this letter. Sine rely,l ..'/ C i\-1I mj c Enclosure cc: Client ... , ~~L PRADO BLVD. '. '~I.URIDA 33904 :48 18501 MURDOCK CIRCLE PORT CHARLOTIE, FLORIDA 33948 1941) 255-3095 4524 GUN CLUB ROAD WEST PALM BEACH, FLoRIDA 33415 (561) 47]-]366 461 S. MAIN STREET LABELLE, FLORIDA 33935 ¡!Jt:::) 675·5800 "'fl::,,>.-:: .-:. *i* OR: 3903 PG: 3089 tit Plant File Number: 05-4743 Agent File Number: FL80504 7 EXHIBIT "A" PARCEL I The Northwest 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, Range 26 Eas~ Collier County, Florida. PARCEL 2 The Southwest 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, Range 26 East Collier County, Florida. PARCEL 3 The East 1/2 of the Southeast 1/4 of the Sout Range 26 East, Collier County, Florida. ~\;\ß 0° the st 1/4 of Section 12, Township 50 South~ PARCEL 4 The West 1/2 of the Southeast 1/4 f t Range 26 East, Collier County, Flo ·d ... ARCEL 5 The West 112 of the Northwest II 61. Range 26 East, Collier County, Flo :;p~ PARCEL 6 ,'~ . The East 1/2 of the Northwest 1/4 of th Range 26 East, Collier County, Florida. t 1/4 of Section 13, Township 50 South, heast 1/4 of Section 13, Township 50 South, PARCEL 7 The East 1/2 of the Southwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 50 South, Range 26 East, Collier County, Florida. PARCEL 8 The West 1/2 of the Southwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 50 South, Range 26 East, Collier County, Florida. PARCEL 9 The West 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, Range 26 East, CoWer County, Florida. PARCEL 10 T"'~ East 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, .ge 26 East, Collier County, Florida. Retu: PAVISI LAW fIRJI P 0 BOl 1507 1T XTIRS 1L 31902 1507 Return 10: PeIQ J. GravlRa. Esquire ~ame: Pavese. Havertidd. CI aI. Address' COUl1/1ouse Box I g This instrument was prepared by~ Peter 1. Gravina.. Esquire Name PAYESELAWFIRM Address I8JJ H.adry Slrttt PO'I om.. Dra..u IS07 FORT MYERS. FLORIDA 33902 Grantee S.S No Grantee S.S No. 3710440 OR:· 3903 PG: 3088 R!CORC!D in the omCIAL RlCORDS of eOLLIIR CODm, FL 10104/2005 at OZ:08PII DlllGHT I. BROCI. eml Rle m DOC-.70 18.50 ,70 ::::7~=:::NO:OO<" 121 2.po<>'Z..) 604''3'7(,0005 004\ 31 ZCb)o3' oo~ 1 Z. ')l ()::x;}o:!ô'; , OOt..l.l SS2DDo7 j 06YIY<?0000'3; OOY 1"'¡~~CX:x:>I'1 L?Ó4IÞÖ4bocn', 00'-/ I ?>"'''U::X~OZ', Q::;¡y, 2o'€oc::n3 THIS INDENTURE WM~, &LIed henin, 1M l~,.". "party" sJraJllndUlÚ 1M heirs. fHr~ONJI rtp,.eHfflalive~. succeSSor3 and/ør 4SSigr&l of tÑ Æspect/tJe parti~, ~re(o; lhe ...... of 1M singukrr ~r sluzJl iJrclude 1M plural. aNi 1M pluroll~ singular; 1M...... of any geNier sholl indude 01/ genders; and. if wed. I~ It,.", -fIOle- sluzJl include all 1M noIu hertin dtscrio.d if mOrt ¡Iran 0fItI. Made this ~ day of S fJ.. ~ . 2005, Between, Peter J. Gravina, Trustee under Trust Agreement datéd tbe 28ta day of March, 2005, whose post office address is 1833 Hendry Street, Fort Myers, Florida 33901, party of the first part, and U.S. Home Corporation, a Delaware corporation, whose post office address is 10481 Six Mile Cypress Parkway, Fort Myers, Florida 339]2, party of the second part, Witnesseth that said party of the first part, for and in consideration of the sum ofTEN AND NO/lOO DOLLARS, in hand paid by said party of the second part, the receipt whereof is hereby acknowledged., has remised, released and ". these presents does remise, release and quitclaim unto the said party of the seco . terest claim and demand which the said party of the first part has in and @ ~ ituate, lying and being in Collier County, Florida, to-wit: h See attached E ibi ¡. An' STATE OF FLORlDA COUNTY OF LEE (Seal) ) The foregoing instrument was acknowledged before me is j). day of C . V , ~005. by PETER 1. GRA VINA, TRUSTEE, who is personally known t me and who did not tak~ '\ ',-',-,mml')sion [xçìlres: Notary i';;¡'" ~ L Oe<>t>y . ~ ; Vy Lomml"5'()O 803$6216 ~",':...;._~'i \D,(ð~ ',",h't'I,TWf>, ';.2 ,~.ci;.a..._ :::;- @ ....... '" ....... ü 0 0 :..:... l> ........ () 3 g ¡:.¡ ~. Ü en () n 0 c: S ::;) .:<: _. "U (1) Ò ..... "0 ¡:.¡ It> Ü ;:¡. '< Ü » ..... "0 e. "0 en OJ (1) ¡¡;. :-' g¡ (') ~ 0 3 iõ ........ g ~ It> (1) () 0- g 3 ~. ¡:.¡ () ü 0 ........ c: 3 ::;) .:<: ¡:.¡ "U Ü Ò Ü "0 :!. It> ;:¡. ::: '< ....... » "0 ¡:.¡ õ~ en ~ '" ü g w" X CDg¡ .-:¡ C. _. :=-. ",,,, ....... õig (D ::73 II g¡3 Œ... -1 ::;)- _ CD U _. c. iiiõ ~ ~~ ';f;. _CD 0 0 o ~. N ~c. 0 ;::;: :r 'i:J "'<0 ¡:.¡ ~~ ..... (') -i33 ~ ~ 0 œ,,,, ';f;. "'- ~Q) 0 O() N ::;)() 0 !:; W '" Ro ib '" 0 ::;) c. :!. c: (1) "9 ::: õ ...... 6- II '" r ib >- ::ï a- Z 3 U ~ l/J õ' n -::;) ::;) >- 0 'i:J :; lT1 ~ OJ Ro ;:¡. ü ¡¡;. ¡:.¡ '" CD Ü x (1) "0 ..... ¡¡¡ II '" '" r It> tT1 c. Q -1 3 -1 "!2. tT1 ¡¡; ;:::0 c. '" Ro ¡¡¡ "0 a < 00 ã: It> ........ c. N .+;.. ........ N 0 0 V1 .. :! ::: ...... 3: ¡:.¡ 'ü LV .....Z¡cnz-n DO -.jm DlO .......... 13= -.j-DI þ0 ~Q¡~6~ n t ~ ~ "'0 ~ ~ v.>(J)gz~i' !'t !J "' 0<: :l m . DI < n 8 ~ .. ~'S. 3 z:! ~ -n q .þ.-' þ »0 a r;,.. ... 0.. 0 ~~Z-l.þ. '< ~ -.::: -~ ....-O~N 3 ~ ~I'V(J)"U0 ... !!. ~ CJ1g::¡~g: .1 c (:) m 0 ~ o~»mo » o::cv.> 2- (')~O'- oi\3::C ::com .,.,~ .. $: (JC ( ~ . DetaiJs Page 1 of I - Current Ownership Folio No.11 00412080003 Map II Property Address 1 NO SITE ADDRESS Owner Namell GRAVINA TR, PETER J Addresses AGREEMENT TRUST 12105 833 HENDRY ST City FORT MYERS Statell Fl Section II Township II Range Acres 12 II 50 II 26 5 Sub No. II 100 I ACREAGE HEADER '1! Use Code II 99 I NON-AGRICULTURAL ACREAGE ZiPl133901 - 3054 I I I I II Strap No. I 11502612006.0005812 I Lega'll 125026.112 OF N.1I4 OF j SE1/4 SE1/4 5.00 AC I OR 1717 PG 33 Map No. 5812 -'èJ Milla-9-e A rea 1 -'èJ Ml!!ªge 13.7153 2005 Preliminary Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History land Value $ 42,500.00 (+) Improved Value $ 0.00 (=) Market Value $ 42.500.00 (-j SOh Exempt Value $ 0.00 (=) Assessed Value $ 42,500.00 Date 06 1 2005 05 1 2001 05/1992 Book - Page I 3823 - 1436 $ 250,000.00 I 2832 - 794 $ 27.500.00 1717 - 33 $ 14,500.00 Amount I (-ì Homestead and other Exempt Value II $ 0.00 I I (=ì Taxable Value II $ 42,500.00 I SOH = "Save Our Homes" exempt value due to cap on assessment Increases - . t ~ . The Information is Updated Weekly. ~(d] iera£1pra iser.com/Rc,çordDda i l.asn,?F () I in I O=()()()()()()()J, 1 Î ns.!nnm o /,-., t I" It/):' 2. 0 / i)., :.: DO:) 14: 22 FAX 9 41181 6 2 81 APTIC Fl' MYERS 141004 r:: ".:..tL! 37."}\)nu iU 613 .t~~¡ 714 Ut"" '.n O,,.C AI' . . ~. 100~ COLL'l: . . i~'O" DEED mal5e thi. Huch J, 1975 by Mat 5 9..s aM ·7~ 8^RRON CO~LIER, JR., and I!~BEL co~tlR READ (herein..ttt.r caned t;he C1rantor.). ."hon pO.t oUice addr... M"hCI.~: . L $COH CUll" 0' ilJtC UI1 COli.' i. 3003 Nor~~ Tamiami Trail, Hapl." rlorida, joined by MARGUERITE R. COLLIER, the wife of Barron Coll1er, Jr., Bnd WILLI1\M 11. REI\D¡ JR., ~e hl.2lþand of Isabel Collier Read (hereinafter called the spou~es) to COWRY CORPORATION, a Flo~ida corporation (her.ina~ter cAlled ~e ~rantae), whoso polt office address ia 3G5 ?i!~ Avenue south, Naple., Florida. !!!.!~E.!!!!!r The ~r.ntor. .and the Spouaes, 1n con81deratlon of the sum of one Hundred Dollars and other ~ooð and valuable cona1deration, the rece1p~ whereat i8 he~_ay acknawledqed, hereby grant, bargain, .ell, r.lea.. And aonqey to the Grantee, it.succ...or. and AS8iqnB for over, the following doscribe= land. (hereinatter called .aid landl), .ituate, lying and being in Collier Coun~y, State of Florida. Townlhip SO south, bnge 21 EASt.. De.cript:ion All except road riqht:- ot-way tor ata œ Road 8' (All1qa~r Alley) A1:J" except road rivÞ~-ofww.y for ante ROad 84 Tni' In'tr~nt w.. prep.red by "argld S. Lyncon; Attorn.y at Lew ~Ol. .ddroll II 100 Park Avenue, New York. Mew York 10017 . - seet:ion 2 3 " ,. ~ - .~ ,I "J 10/04/2005 14:23 FAX 941 481 6281 APT! C Fl' HYERS ~005 IU 613 I'AU 115 10 11 1~ 1.1 20 21 22 23 29 ~u. AU 1\1.1 All All All All ~11 ~U ~~.h1Þ 50 Southr Ran~. 28 E&.~ !ec~ion De.cri~tiOft 24 lJ.l '1'own.hi'þ 51 !louth, Mnq. 28 b.t: 35 D..cdþt!on Alt Sect.ion TOGETHER with any and all right, tit.le and int.a~e.t ot the Grantor. and the spoUS.' 11'1 and to any and .11 tmp~OYe- menta on or to ..1d lanða1 'l'(')GE'l'HER with all tenementa, hered1t.a.lMJ1t:. and apP\1rtenamoee and all r1qht., powera, privi1e9." titl.., . " 1nteresto, estatod, dower, curteay a~d right. Of ðowwr anð . curte.y, reversion., r.mainderl, .a.ement. and riparian right:. ~i.reto b.lonqin~ or in any vi.. appertaining. ~o HAVE ANC TO HOLD '1'KI SAME in tee .1~le forever. SUBJECT, hawe'\lflr, to the tol1ØYfin«¡J w1t:b. rea¡MIot to t:.ho oi~, qae And minerals in, unc!er and t:hat:. MY b. produc:ed troœ ..id land.. "the Gr&AWZ'1 hereby øaept f;rOlft thb d..d and conveyøee, and. henby relle~ and r.~ to th..elv..,' their .u.u... 1lU000...ora uut ...iqna, -2-' ." 10/04/2005 14:23 Fful 941 481 6281 APTIC Fr MYERS tU 613 mr °11ô Abøolu1:.aly and forever all of the interoflt <l.nd ownerthip of the Grantors, at. the ttMe of t.h.i~ ~xecut1on of thia deed, 1" the oil, ~a~ anû ~inor.lø in, under and that. may bo produced tram Daid landa. 'the Grant.ors, their h.i.~., .uec...orø nnd assigns, aø owners of øuch oil, q.. and ~inera18 int.eres1:. øhal1 not., without the written con.ent. ot ~e Grantee, 1t.s successors or as.ignB, a8 owners of the surface of saið lana., have any ri~h~8, powers or privil.~eB to mine, produce or extract any oil, ~aø or mineral" lyinq 1.aa t.han one hundred twenty-five feet below t.he presont. surface of said lande, the Grant.ee, its successors and ...iqns, .8 such surface owners, in connection with and incident to Dny u.., construction or ~provemont. by them o~ or on tho.urfAca ot .aid land8 may, without. the eon..nt. of the ~rantor8, their heirs, aucce..ars or ...i«¡1'n. (and .uÞjec~ only +- Imy :'!.qht.. of oth.r. than th. Gran~o~., their heir., Bucoe..or. or ...19n.), di.~laee, con.um., us. or de.troy any oil, qas or min.~.l. ~ying. 1... than one hundred twenty-five t.ec below the pr...nt.. .urt.ae of .aid lands, but nothlnQ conta1ne4 1n the precedin~ 01Au.e. of this sentence .hall b. con.trued ~ limit or imp&1~ any ri9h~a, power. or privileqe. of the Crantora, ~.ir heirs, succ...o~. and ...19ft., .s owner. of .uch 011, 9·s and tnin.rala inter.at, and the Graftto~., t::heir heira, succ...or. and ...igns, .. a~ch own.r- ahall hAve ~e full :1qhts, power. and pr1vileqe., -3- I4J 006 10/()4/~)n5 14:23 FAX 941 481 6281 APT I C Fl' MYERS !4J 007 it! 613 r>M 117 ßc min., p~04uc. and .xt~.ct any oil, qa. or _in.ral. ly1nq one hunðr.4 ewenty-five t.e~ or more bel~ the pre..nt lurf.c. of .aið land.. Such r1qht., power. and privilege. of the Gr.n~o~., ~.lr heir., .øcce..or. and a..i~., .hall, wi~hout limi~tion, !Dclu4e, in r.'pec~ at .aid landi, all eho.. re..on&bly addr....d to inveltlqatlng, explorin9, prOlJpect.~9' cb:l11ing and extracting 011, 9a. and mineral. but. ahall not exeend to any~inq ~at would unrealonably interfere with the then curr.n~ u.. by the Cran~., ita .ucca..or.· or ...19n., or the .urteca at said landl. SUBJECT ALSO to any valid rlqht.-of-.ay, ...~nt.. r..trlc~ona and re..rvat.lonl that are ot record or that an in.pection would di.clo.e, 1ncludln9, without 1i~tation, tho.. for reade, public ut11itle., borrow pita, outfall ditch.. and drainaqe. SUBJ1!:C'1' ,LBO to the IIIOr~.qe ln1;:e~d t:o ~ iliad.. by the Grantee a. mortA;ac¡or to Colli.r-Read COIIIpany AI mortJ;aqe.., under ~e dau of thh Deed and inten4.d to be ~eQorded .tmuleanMou.ly harewith among the PUblic Reco:d. of COlli.r OOun~y, Plorida, in the p:1noipal ~ of Biqht Hundred Sixt:y-Ofte Thouaand URn,OOO) cellare with inure.t at the rate of five (5" perc.n~ per annum. ~. spou... have .~.outed th1. deed .01e1y for the purpo.. ot oonvayinq and ~.11nqui.hinq any ot ~ir right., -4- ---_.*~.~.~"'. 10/04/2005 14:23 FAX 941 481 6281 APT I C Fl' MYERS I4J 008 IU 613 t;l; 718 title. And 1nt~~c.~., incl~å1n9, v1tho~t limitation, dðwer ~nð C\1rt..y, is}, .dd lands and thaiI:' APJ'U~tGn.T\ca" IN WITNESS WHERCOl', ~. o~afttor. and tme SpCIu... hava h.reun~o .at.~.ir ha~ and ...1. tho day and Y..~ first above ~.nt1on.d. Signed, 8eðl~ð And D.live~oð in our pre..nc., ~~ãf¡ ~: ~o~~~ "5~~ ~~~rf (SEAL) (SEAL) .. ... 8 ~ .t ... - - .-- .'1": 4 '.~ , ~I~~ 1'1': .( ",; . 9 S 9. 00," :.:~ l ,1j ~ .:{ , . PO E~ .'0 ..... ." ..;rr: 11'1 ID - ~ ... ..~ ,.. ,;¡ WI . .. .,. -5- "._~".._--_._-,--- -.. 10/04/2005 14:23 FAX 941 481 6281 APT I C FT MYERS 141009 IU 6'13 ~~I" '11S S'l'1<.TE OF Ft.OIUOJ\ cou~y OF COLLIr.R 55. t Tho underlSí.qned l}ereby oert.1t1oa that. B1\RRON COLLu:n, JH., Hl\RGUEnI'l'E 1t. COLI,t£fJ, ISAUF.l. COLLII:-;" RI:AC ðl'ld WJ.LLINt 11.. m:1'J), .1R., to mè knoWn and known to mo to be the poroons described in and who "xGcut.ed t.he fora.. going Deed, pe:rsona11Y ð~arød. ~afcr. t118 t.hie day and acknowledged thAt t.høy executed ~h. same. IU WITUt':SS wttERF.Of', I have hel'eun~o let. my hand and official 8eal this 3rd day of "arch 19'75. . I .,.'.... '.. 7/..;.,(...-- ;9', (1.... ~.i.;...{ Notary pUÞu.c ~ """ .... ., .._~ ..~ ~ 'IItolIo, ......"".. c..... top ~..... ~.Ott. _, J,~ . ,.......,... :.. "....". ;'" , .. "'-":"..' 'I, , .' ", _ ~)~~OCUMENTARY Š .~ ~~ :~ '1:~ f~~1 ^ ¡UR TAXI~~ ~3:: ~iil tui"'7I 9 9 9.00 ::: '; '" ",. = ~ .'''''1 1~41' :, !~ .... II' DOCUMENTARY:= SUR TAX § \= 8 2. 8~ ~ ........... ... ott....... ......... ....... .. .:o~Llr. cov.t't. "-0"'" ..AII....IIIT T. 10;<1'" -..-- EXHIBIT "A" . \RCEL I: THE SOUTHWEST lit OF THE SOUTHEAST 'Ä OF THE SOUTHWEST 1;4 IN ¡('nON 20. TOWNSHIP 50 SOUTH. RANGE 27 EAST OF COLLIER COU0JTY. LORIDA: H(ìCìETHER WITH, '.\RCEL 2: THE EAST 12 OF THE NORTHWEST lit OF THE SOUTHEAST ~"4 OF THE ~\ )LTHEAST 1;4 OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER UUNTY. FLORIDA; . ()GETHER WITH, ',\1\CEL 3: THE WEST Y2 OF THE NORTHEAST 'Ä OF THE SOUTHEAST 1;4 OF THE 'I. il:r¡-JEAST 1;4 OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 27 EAST OF COLLIER ( ¡UNTY. FLORIDA; I iGETHER WITH, \RCEL 4: THE EAST 12 OF THE SOUTHEAST 'Ä OF THE SOUTHEAST I/; OF THE I UTI lEAST 1,"4 OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 27 EAST OF COLLIER )\ NTY, FLORIDA: (iETHER WITH, .¡{CEL 5: THE WEST II2 OF THE SOUTHEAST 1;4 OF THE SOUTHEAST I/; OF THE . ¡! TlIEAST ~'4 OF SEcnON 12, TOWNSHIP 50, RANGE 26 EAST OF COLLIER , ,t ::--HY, FLORIDA: ',;ETIIER WITH RCEL 6: THE SOUTHEAST 'Ä OF THE NORTHEAST 'Ä OF THE NORTHEAST lit OF . ¡"ION 13. TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, URIDA: ,;ETHER WITH, <CEL 7: THE EAST Y2 OF THE SOUTHWEST 'Ä OF THE NORTHEAST lit OF THE iZTHEAST 'Ä OF SECTION 13, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER '~'-JTY, FLORIDA: ¡,:n-IER WITH, 'CEL 8: THE EAST 1;2 OF THE NORTHWEST 'Ä OF THE NORTHWEST 'I.; OF 1'1-1[ ,] IL''\ST ~/¡ OF SECTION 13, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER <TY, FLORIDA: TOGETHER WITI-L PARCEL 9: THE WEST 1f2 OF THE NORTHWEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST III OF SECTION 13, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 10: THE NORTHWEST ~ OF THE SOUTHEAST ~ OF THE SOUTHEAST ~ OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 11: THE SOUTHWEST ~ OF THE SOUTHEAST ~ OF THE SOUTHEAST ~ OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA. PAVESE LAW FIRM CHARLES MANN (239) 336-6242 E-mail: CharlesMann@pavcsclaw.com 1833 HENDRY STREET, FORT MYERS, FLORJDA 33901 I P.O. DRAWER 1507, FORT MYERS, FLoRIDA 33902-1507 112391334-2195 I FAX (2391332·2243 October 5,2005 Collier County Board of County Commissioners 3301 Tamiami Trail. E Naples, FL 34112 RE: Application by U.S. Home Corporation for Severance of Transfer of Development Rights Dear Sir/Madam: This letter is being written pursuant to the above referenced application for the Severance of Transfer of Development Rights. I am writing this letter on behalf of U.S. Home Corporation, the current owner of the sending lands (the "Property"). A legal description of the Property is attached to this letter. as Exhibit "A". Please be advised that r have reviewed pertinent title policies for the Property, which policies are referenced by Ticor Title Insurance Company of Florida Policy No. 7110609-43269. effective June 16,2005 and Policy No. 7110609-4788, effective January 20.2005. I have also reviewed a title search of the property from January 20, 2005 to August 24.2005 and examined affidavits from the Owner for the period from August 24, 2005 through September 12,2005. The above referenced documents revealed that there has been no prior severance ofTDR credits from the property and that the property is not subject to any conservation easement, deed restrictions or any other restrictions, easement. item or covenant that prohibits residential development, however, there is no insured right of access to the Property and ParcelloITiat~e1}èd Exhibit A is subject to oil, gas and mineral reservations, as recorded in Official ~ÿCo~sis ok 613, at Page 714, of the Public Records of Collier County, Florida; a copy,/of '.Yhi is attached to this letter. Si~9¿IY í! " CM/mjc Enclosure cc: Client 4635 S. DEL PRADO BL\D. ,-~,\¡J~: CUR.\L. ftURJOA 3J~O-+ ":O, .:::":.--:; 1.1:";;' ¡3501 MURDOCK CIRCLE ;0,':0., CH.;RLOTTE, FLORIDA 33948 _L~ 1) ~S-5-,)09S 4524 GUN CLUB ROAD WEST PALM BEACH, FLORIDA 33415 1561) 471-1366 461 S. MAIN STREET LABELLE, [".GIOm!\ 33935 (81"" ¡.i ;f()0 *i* OR: 3903 PG: 3089 tit Plant File Number: 05-4743 Agent File Number: FL80S04 7 EXHIBIT" A" PARCEL 1 The Northwest 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, Range 26 Eas1 Collier County, Florida. PARCEL 2 The Southwest 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, Range 26 East Collier County, Florida. PARCEL 3 The East 1/2 of the Southeast 1/4 of the Sout Range 26 East, Collier County, Florida. ~\--\ß o PARCEL 4 . G The West 1/2 of the Southeast 1/4 f. t Range 26 East, Collier County, FI~'d - ARCEL 5 The West 1/2 of the Northwest 1/ 6f Range 26 East, Collier County, Flo~. p PARCEL 6 1- The East 1/2 of the Northwest 1/4 of th Range 26 East, Collier County, Florida. heast 1/4 of Section 13, Township 50 South, PARCEL 7 The East 1/2 of the Southwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 50 South, Range 26 East, Collier County, Florida. PARCEL 8 The West 1/2 of the Southwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 50 South, Range 26 East, Collier County, Florida. PARCEL 9 The West 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, Range 26 East, Collier County, Florida. PARCEL 10 T"e East 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, .ge 26 East, Collier County, Florida. ¡ Reto: PAVIS! tAlI FIR ( P 0 BOI 1507 TT KIm n 33902 1~07 Return to: Peter 1. Gavin&, E::.qulcc Name: Pavese, Haverficld. d aI Add=s: COW1IIouse Box ¡ 8 3710440 OR:. 3903 PG: 3088 mORDID in the omCIAL RlCORDS of COLLfBR coom, 11 ]010412005 at 02:08PK DWIGHT !. SROCE. CLBU RIC PI! DOC-.70 18,50 .70 This Illstrumen1 was pt"cpaæd by: Petc:r 1. Gravina. Esquire Name r A VESE LAW FIRM Addr= =~C:No.:OO~ \2\ z..oOó2.) 604 I 3'7 (, OCOS D04 \ 3ì Z.c:b:\03' ooLi 1 z.. <:;c:r:x;;oS'j b041 Ss 20007 j OÖ<-lIY<ð' 0000 =3) oot...¡ 1<.j~-<g()C;o-, " Oò4/!ø 04lxx>t ~ OO...¡ t 3/0 <{ a:::oZ', cx::><-i, 20 '€ rx:::D 3 I8JJ H.adry Str... Poo' Office D...... 1507 FORT MYERS. FLORIDA JJ902 Gran«c 5 S. No. Gran«c 55. No. THIS INDENTURE WN,....." us.d Mnill. 1M I."" -party" sh4/l1nc11Kk <M /wI... p.,sanal ~pnsen.tatives. SUCOl!SS0l"3 and/or assigns of 1M nsptCJM partJeJ Mnlo; lhe use of tk s/lrpJar _be, .hDlllncllMie the pJ""oJ, and <M plu,altM slngulor: lhe ...... of a"Y getUk, sh41l IncIIMie all gend..s: and. if /LIed. lhe ........ "no.. - sholllncllMie all 1M not.., he..in tkscnbed if mort Ihœr 0lI<l. Made this Æ- day of & fJ. ~ , 2005, Between, Peter J. Gravina, Trustee under Trust Agreement dated tbe 281~ day of March, 2005, whose post office address is 1833 Hendry Street, Fort Myers. Florida 33901, party oflhe first part, and U.S. Home Corporation, a Delaware corporation, whose post office address is 10481 Six Mile Cypress Parkway, Fort Myers, Florida 33912, party of the second part, Witnesseth that said party of the first part, for and in consideration of the sum ofTEN AND NO/IOO DOLLARS, in hand paid by said party of the second part, the receipt whereof is hereby acknowledged, has remised, released and'( e these presents does remise, release and quitclaim unto the said party of the seco ' terest claim and demand which the said party of the first part has in and tJj) ~ ¡tuate, lying and being in Collier County, Florida, to-wit: PTinteds~~f~l/ 4 ~~Á~ Witness #2 '<ct\d~ 0.. K ~/......pr Printed name of Witness ST ATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me is j). day of C _-V. :005. by PETER J. GRA YINA. TRUSTEE, who is personally known t me and who did not ta~ 1, i - \;mm Ission Exrnres· i':.l........ .~ L r-by . .-""'1 ......, (....001""""$1('>11 nOW216 '\. Of.,./ [JD,rð~ N'")<;WT\f¥-J ; 2 :',~·~e ~ @ - IV - -0 0 0 '-.:... .. --- () 3 g, pj ~. -0 V1 () (") 0 c: 0 :J - -< - "tI ¡;;. a '"'! "1:1 pj m -0 ;:¡. '< -0 :I> '"'! "1:1 æ. "1:1 ¡¡¡ V1 ëiï (1) '"'! !!¡ ð ~ 0 3 CD --- s: ~ m (1) () cr" g, a ~. pj () "?.. 0 c: a :J ~ pj "tI -0 a -0 "1:1 ::!. m ;:¡. ::: '< .... :I> ~ "1:1 õ~ V1 ~ OJ -0 g. iji' X m~ .~ Q. _. ::t. OJ III - å!g ¡;;- ::1"3 II ~ 3 Œ.;+ ....¡ :J- d . m ;:;:a. "'- ;;0 0 ~'"Q ~ .m 0 0:5· N ~co. 0 ;:::¡: S' '"0 1II<c pj 5":; '"'! ¡:¡;m (") ';:;3 ~ ñ) 0 _III ~ OJ- <::!'.C; on N :J n 0 c: ¡¡¡ ~ ¡;; ?P OJ 0 :J co. '"'! c: ¡;;. "9 ::: õ .... "- II OJ l' ¡:¡; >- S' 0' Z 3 U !!!. \/J õ () .:J :J >- 0 '"0 ::E tT1 ~ ¡¡¡ ?P ~ -0 ¡¡; pj III m -0 x (1) "1:1 '"'! m II III III l' m tT1 co. Q "'"Ì 3 "'"Ì ".2. tT1 ¡¡; ;;0 co. OJ ?P m "1:1 a < 00 ëi m --- co. N ~ --- N 0 0 \J¡ ..... C/)I- en z ." CX>mCDc;'IIIO o .....ICI CD 3 = O1:¡;;!!!.CD CD 0 1J !¡ .. Z G)~¡S/DG)§ ~ennz~C' mm:l.1II <CD ~~3 Z:"! .þ, õ'!,! » 0 ~::!Z-l~ .....O::O~ enNen- -... m()1_1JN ~~rri~g O1m»mS »mO::O 0.....0'- ON~ ::00 en "en - ... ~ ~ ~ .þ. f òE 8 '" DO l i l ¡G ~ :t ¡:¡, ~ ~ liD o f ~ . o .ð ~ [ '< ~ -:; õ\ ¡¡ ~ ~ ! ~ ~ .l. $ (J 4 f)ctai Is Page 1 of 1 - Current Ownership Folio No.11 00413720003 Map II Property Address NO SITE ADDRESS Owner Name Addresses City statell FL zipll 33901 - 3054 I I 1 I II Strap No. I 11502612 045.0005B12 I Legal 12 50 26 E1/2 OF SE1/4 OF 'I SE1/4 OF SE1/4 5 AC OR 1805 PG 256 Section 12 Range 26 Acres 5 Map No. 5B12 Sub No. v'èJ Use Cººe 100 99 ACREAGE HEADER NON-AGRICULTURAL ACREAGE -'ð Milla~Area II 1 II Jtj~ 13.7153 2005 Preliminary Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 42,500.00 (+) Improved Value $ 0.00 (=) Market Value $ 42,500.00 (oj SOH Exempt Value $ 0.00 I (=) Assessed Value II $ 42,500.00 I I (oj Homestead and other Exempt Value II $ 0.00 I I (=) Taxable Value II $ 42,500.00 I SOH = "Save OUf Homes" exempt value due to cap on assessment Increases Latest Sales History Book - Page 3823 - 1431 3823 - 1430 1805 - 256 Amount $ 62,500.00 $ 62,500.00 $ 14,000.00 - The Information is Updated Weekly. " \\c()llicrappraiser.com/RecordDetail.asp?FoIÜ~JDo~OO()OOOO413720003 R/ì.lnnn.ç .. 1.j. '-J"Ì - ~ , -- APTIC FT ){YERS ? .'-L1 JH ·181 6281 375~1HG iU 613~~Li 714 ttFC"P '.n Of"C ,\\' . ,- iOOA CQ1.L"l. . , i ~IOA DEED made thi. ~,U'ch J, 1975 by Mat § 9 4S aM '7~ ""!lCI,:;' . :. $CtlTt c\.l~1\ o· ~ kCUI1 CClII.' a~RRON CO~LIER, J~., and I!~BEL eOULIIR READ (hereinatttlr called t:he C1r.ntor.), whoao pOst oHice addre.. i. 3003 Nor~~ Tamiam1 Traiì, Hapl.', rlorida, joined by MARCU£RI'l't: ~. COLLIER, the ~ife ot Barron Collier, Jr., and WILL:I1\M 11. REI\D, JR., the hu.banè1 of' Isabel Collier Read (h~reinaf~er called the spou~øs) to COWRY CORPORATION, a Florida corpora~1on {hereina~ter 0&11414 ~. r.rantee), ~hosc post otfice address is 365 Pi!th A~enue south, Naples, Florida. !!!.!!!;'~!!!!!.I The Grantor_and the spouse., in consideration ot the sum of one Hundred Dollars and other ~ooð .nd valuable con.1~eration, the receipt whereof is he~.by acxnawledqed/ hereby grant, bargain. .ell, roleAa. And convey to the Grantee, 1tssucee..cr8 and Asaiqna forever, the following deacribeð lands (hereinafter called .aid land.), .~tUAte. lying and being in colli.r Coun~y, State of Flor~dal Tovnahip SO South, Range 27 us~. D..cript!.on 1.11. except road riqht- ot-way for state ROad 84 (Al11qAto~ Alloy) All, except road riqht-of-way for BU~ ROad 84 ~nll In~tr~nt WII pr.ø.rad by ~Irold S. ~yn~on. Attorney at L~ ~O$. addrels Is 100 Park Avenua, New York. Mew York 1Q017 . - BecUon 2 3 .. ....-. [4] 004 fl"J 10/04/2005 14:23 FAX 941 481 6281 APTIC Fr HYERS f41005 IU 613 I'AU 715 10 U 15 17 20 21 22 23 29 A11 AU ~1 All All All All ~11 ).11. ~~.h1p 50 South. øanqe 28 E&.t ~c~icn oeIClri"t.iOft 24 All '1'~.bi'Ø 51 south. Raftqe 28 h'~ 35 O..c:d.ption At" Sect.ion TOGETHER with any end all right.. cit.lo an4 inter.at. ot the Grantor. and the spouse. in and to any and .11 tmp~ave- mente on O~ to aa1d landa, '1'C.")GE'rHER with all Unement.., herecu,t.dIerat.. and apøurtAn&noell and all r19ht., pow.:':.. 'Privl1eq." Ut.18., 1nt.rest~, eatatoø, dower, curtesy a~d right.. of ðow.r and . curt.ay, reversion., røaind.i-a. .a.eNnt.a and riparian rignt.. t.bereto belonqin9 or in any ,,1.. apptrt:&ln.lnq. '1'0 HAVE AND 'XO HOID THB SAME in tee 81atrp1. fonY'ilr. SUBJEC'r, howe"ler, to the tol1Cn11n«J wit:h ø~t. t:o t:he oil, C;aø And mineral. in, under and ~t ..y be p%Oduce4 fro= ..1d land.. . 1'h. QrCt:oZ'. hereby aaept. fJ:Oll thb d.eð and aonvtlyøoe, and. h.~ ~II~ azuS reU1Þ. ~o thamaelvt1... the1z' bèu.. IUClO...œ. aD4 ...ign., ..2-' ." .." .__..<..,__'___WM~_._____·_ S l4:23 Fful 941 481 6231 APTIC IT MYERS nt 613 r~t.i 'liô Abaolù~aly and forever all of the lntert'Hlt ."ne.! owner.hip ot the Grantors, at ~a tiMe ot thei~ &xecution of th1a dft~, !~ the oil, ~aft anù ~inorals in, under and that may bo produced from said lands. The Grantors, their he1¡:-e, aUC:CÐuors and a8Bi~ns, ae owne~S of such oil, qae and ~1nera18 intere6~ uhall not. without the written con.ant of the GrAntee, its 8UCceSSors or assigns, as QWners of the surtace of said lanas, have any ri~hts, powers or privil.~.. to mine. produce or extract Any oil, gas or MineralR lyinq le8s than one hundred twenty-five leet below the presont surfaco of sAid landa, the Grantee, its successors and a..igna, a8 luch surface owners, in connection with and incident to any uae, construction or ~provemcnt. by them of or o~ ~ha ·.urfAce of laid landR may, without the con..nt of the Grantor., their heirs, successorø or a..i~n. (and auÞject only .~ any .ight. ot other. than the GrAntor., thQi~ heirs, .ucoe..or. or a..iqnl), di.plaee, ·eon.urn., use or d..troy any oil, qae or min.~al. ~yin9. lelul thAn one hundred twenty-tive teet below the pro.ent .urtaoe of .aid landst but nothinQ contained 1n the precedin~ olau... ot this sentence .hall be con.trued to limit or impair any rights, power. or pr1viloqe. of the G~antor., their heire, BUcc..sors .nð a..1qn., 4S owners of .uch oil, qa. and minarals inter.at, and the Granto~., their heirs, .ucc...or. and a..igna, aa .uch ownera ahall hAve the full :iqhta, power. And pr1viloq.., -3- @006 10/04/2005 14:23 F.~ 941 481 6281 APT I C FI' MYERS (4) 007 IU 613 f~~t 111 to mine, p~oðuc. and .xtr'c~ any oil, qa. or mineral. lyi"9 one hunð~.4 cwen~y-tive fee~ or lIIIO" below the pre.ent lurface of .aið land,. Such rlc;rh-tl, powtZ'1 and p.d,vU..,.. of the ('.ran1:O~" ~e1Z' heLr., Ißt,Cc.l.cr. and ...i;n., ahall, w1~h.out limi~t.1on, 1ftclu4e, 1ft Z'..peot. of .aid laneS', all tho.. r...onably .addr....ð to inv..t.1qating, exploJ."inC , proepect.1nq, 42:1111.nq and Ð:t:ractinq 011. qa. and mineral. but ah.ll not. .xtend to .n~inq ~t would unrea.onably 1nt.ertere wit.1\ the ~n C\I~rent u.o by the Orant.ee, 1~ .ucc...ora or ...i9n., or ~~ Burtac. ot ..id land.. SUBJECT ALSO to any valid r19ht.l-of-.ay, ...~nt., r..tt1ct.1.onl And .l:'e..~.t:ionll t:hat are ot ~.c:ord or: that. an in_ptlct;ion would Cliaclo,., 11\cluIS1ng, without li1rJ ution, tho.. tor rcadø, public ut111t:1.., bOrrow pita, outfall 4itoh.' and drainsq.,. SUB.3'EC'1' ALSO to the mortqaqe 1nte~cI t:o 1:>e tude by the Grant... a. mortc;JaqoJ." to Collier-Read ccmpany a. mortq&qe., und.r ~. date of thll Deed and inten4ed to be reQorded .imultan~ou.ly herewith amonq the PUblic Record. of COllier COun~y, Florid.. in t:It. pJ:t.no:i,pal .,. of 81q1\" Hundred Sixty-one Thou..nð <f861,000) Dollare with intere.t: at the rate of five (5') perc.nt per annWII. The spou... have executed th1. 4..4 .olely for th. purpoe. of oonv.yinq and J:el1nqui.hinq any of ~iJ: riqht.f -4- _U u,¡ 14:23 FAX 941 481 6281 APTIC FT MYERS Ul613 Uli '718 titl.s And 1nteroøt., incl~àin9, wi~hout limitAtion, do~er and C1.1rt..y., is¡, said lands and their ,QPJ'UJ:'tGnancG" IN WITNESS 'H'HERCOl'. ~. Orantor. and t.he Spousu havQ hereunto .at ~.ir han~ and ..al. tho day and year first Above mentioned. Signed, sealed And Oeliverod in our pre..ncet ~~~·~~'t;^' or .. 0 J. III:' (SEÞ.L) ¿ wb!ií;;. ~~~r~ (SEAL) .. ... .., oft - I4J 008 .... F£: ... ,.., ~~ ... ..~ ... ct . ... ,,~ ... .. .,. ..5- 10/04/2005 14:2~ FAX 941 481 6281 APT! C FT MYERS ~009 iU 613 ~~\,t . 719 5T~TE OF FLORtD~ COUNTY OF COL~Ir.R 5Sd Tho undeJ:'1S1gned 1:ereby oer1;.1UOa that. BI\.RRON CoLLlr.n, JH., t-11\RGU:&;:rtl'l'E 1t. COLI,ItfJ I tSM1El. COLLl1;R JU::AC and W¡ LL1 Nt 1\.. 1\F.1\L:I, .:rrt., ~o me knoWn and known to 11\0 to be the parÐo~S deøcribed in and who "KBcu1;.ed ~. fore· qoing Deed, pe~sonally appearod bafere ~. this day and acknowledged that tÞøy executed the øame. In WITlU:SS wm::Rf!:OF. I have hereunto ..t my banå and official seal t:M.. 3rd day of "'arch 1915. ..'.... . ?I ..é" it·.- ;9 '. (f,~ ~.i.:"{ Notary pLSJ:I u,c ~ ~... '" "*t ..~ ...".."" . ... '- a.,.....~ . Ow" _, r,... .. fJ,. , ,.. ... ~."",,. :. .1,·.··'1. .:..... ":" ::, I I '-. I ",; , .. '.. It' ,I' tt~ ,., ,.. ,,.. . « .~ .", ~~ .., ~~~~OCUMENTARY § .~ {r.~~~ FI.O~I ^ SUR TAX Š.;3. ~"'~a' ~=..( ~;il "-U'S'U 9 9 9.. 0 0 =:1 1W "I. ... . ÞI.'UIL U: 2' :: .; :; DOCUMENTARY ª SUR TAX;;: \: 8 2. 8~; ............ .. Off..... .....,.. ..... .. c:at....f. CIDV_f'Y, tlOJtfcMi """'''A.n T. lçaft' -..-- EXHIBIT "A" PARCEL I: THE SOUTHWEST l/.í OF THE SOUTHEAST l/.í OF THE SOUTHWEST 1j¡ IN SECTION 20, TOWNSHIP 50 SOUTH, RANGE 27 EAST OF COLLIER COUNTY, f"LORIDA; TOGETHER WITH, PARCEL 2: THE EAST ~ OF THE NORTHWEST 1j¡ OF THE SOUTHEAST 1j¡ OF THE SOUTHEAST 1j¡ OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 3: THE WEST ~ OF THE NORTHEAST 1j¡ OF THE SOUTHEAST 1j¡ OF THE SOUTHEAST 1j¡ OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 27 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 4: THE EAST ~ OF THE SOUTHEAST 1j¡ OF THE SOUTHEAST 1j¡ OF THE SOUTHEAST 1j¡ OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 27 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 5: THE WEST 112 OF THE SOUTHEAST 1j¡ OF THE SOUTHEAST 1j¡ OF THE SOUTHEAST 1j¡ OF SECTION 12, TOWNSHIP 50, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; rOGETHER WITH P ¡\RCEL 6: THE SOUTHEAST 1j¡ OF THE NORTHEAST 1j¡ OF THE NORTHEAST 14 OF SECTION 13, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 7: THE EAST Y2 OF THE SOUTHWEST 14 OF THE NORTHEAST 1j¡ OF THE NORTHEAST 1j¡ OF SECTION 13, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER C"OUNTY, FLORIDA; :'()GETHER WITH, !)ARCEL 8: THE EAST Y2 OF THE NORTHWEST 14 OF THE NORTHWEST l/.í OF THE ;()RTHEAST 1/.í OF SECTION 13, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER 'OUNTY, FLORIDA: TOGETHER WITH, PARCEL 9: THE WEST 12 OF THE NORTHWEST V4 OF THE NORTHEAST V4 OF THE NORTHEAST V4 OF SECTION 13, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 10: THE NORTHWEST V4 OF THE SOUTHEAST V4 OF THE SOUTHEAST V4 OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 11: THE SOUTHWEST V4 OF THE SOUTHEAST V4 OF THE SOUTHEAST V4 OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA. PAVESE LAW FIRM CHARLES MANN (239) 336-6242 E-mail: CharlesMann@paveselaw.com 1833 HENDRY STREET, FORT MYERS, FLORIDA 33901 I P.O. DRAWER 1507, FORT MYERS, FLORIDA 33902-1507 I (239) 334-2195 I FAX (239) 332·2243 October 5, 2005 Collier County Board of County Commissioners 3301 Tamiami Trail, E Naples, FL 34112 RE: Application by U.S. Home Corporation for Severance of Transfer of Development Rights Dear Sir/Madam: This letter is being written pursuant to the above referenced application for the Severance of Transfer of Development Rights. I am writing this letter on behalf of U.S. Home Corporation, the current owner of the sending lands (the "Property"). A legal description of the Property is attached to this letter as Exhibit "A". Please be advised that I have reviewed pertinent title policies for the Property, which policies are referenced by Ticor Title Insurance Company of Florida Policy No. 7110609-43269, effective June 16,2005 and Policy No. 7110609-4788, effective January 20,2005. I have also reviewed a title search of the property from January 20, 2005 to August 24, 2005 and examined affidavits from the Owner for the period from August 24, 2005 through September 12,2005. The above referenced documents revealed that there has been no prior severance of TDR credits from the property and that the property is not subject to any conservation casement, deed restrictions or any other restrictions, easement, item or covenant that prohibits residential development, however, there is no insured right of access to the Property and Parcel lofî'iatt~d Exhibit A is subject to oil, gas and mineral reservations, as recorded in Official ij'yCÓrsts ok 613, at Page 714, of the Public Records of Collier County, Florida, a Czop X)f rhi is attached to this letter. Si~!' rely / CM/mjc Enclosure cc: Client 4635 S. DEL PRADO BLVD. C.'PE CORAL. FL8R!CA 33'1(14 "23~)) .:-L~ -J 148 185ûl MURDOCK CIRCLE PU~T Cii.\RLOTIE. FLORIDA 33948 '411 255-3005 4524 GUN CLUB ROAD WEST PALM BEACH, FWRIDA 33415 ¡5611 471-1366 461 S. MAIN STREET LABELLe:. FLORIDA 33935 (863) 675·5800 _.,~--^._-..---- *** OR: 3903 PG: 3089 *** ::~L u5-4743 Agent File Number: F1.80504 7 EXHIBIT "A" : '-est 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, Range 26 Eas1 ':H}, Florida. ":S{ 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, Range 26 East ';1rY, Flonda. ¡he Southwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 50 South, ~ ollier County, Florida. ;- i.he Southwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13, Townsbip 50 South, ~;Jllier County, Florida. he Northeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, - ¡iller County, Florida. :e :"'ortheast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, 'lic!' County, Florida. '__'_'_".~k"'_~" \~ v Retn: PAiISI LAII FIR!! , 0 BOI 1507 11 IITlRS lL 3m2 1m Return 10: Peter J. Gavin.. EsqulfC Name: Pavcsc. Haverlicld. c:r oJ. Address COW1house Box J 8 3710440 OR:. 3903 PG: 3088 RlCORDID in the 01lICIAL RlCORDS of COLmR conm. PL 1010412005 at 02:08PII DIIIGHT I. SROCI. mu ucm DOC- .10 11.50 .10 This Instrumen' wos ",epared by: Pc:tø J. Gravina, Esqui", Name PAVESE LAW FIRM Address =~ No.:O 0"1 I 2.1l..0OO2. j 604 3'7 (, O(X)S OOY \ 3ì Z.~3· 00&.41 z. <:¡CJ;:IOOS:j , bOc..l1 SS2.D(;)Q7 j 06YI"""i'0000~) OOY "¡'~'8Cx::x;q·, l.?Olf'bÖ4000,·, OD --11 '?<ø I.{ (X:ùZ', OO··U 20 g 0.::::0 3 I8JJ Headry Street Pool orne. On.... IS07 FORT MYERS. FLORIDA 33902 Grantee S S No. Grantee S.S. No. THIS INDENTURE Whe~, rued /w",ùo, t/w œnrt "pøny" sMJI iMJlMÚ tJw /wlrs. persONJi "'p,tHrrlattv... llUCœJSOI's and/or assigns of tJw "'sptar.. partlu butto; t/w ..... of tlte SillguÚ1r munhe, sMJI iN:JuJe the pbtraJ, and tlte plurøJ lire singular; tJw ..... of any ge1UÚ' shall include aU genders; and. if wed. lire œrm "note' shall incllMÚ all tJw noltS/w"'in described if more Ihatr OM. Made this ~ day of ~ fJ: ~ , 2005, Between, Peter J. GraviDa, Trustee under Trust AgreemeDt datéd the 28" day of March, 2005, whose post office address is 1833 Hendry Street, Fort Myers, Florida 33901, party of the first part, and U.S. Home Corporation, a Delaware corporation, whose poSI office address is 10481 Six Mile Cypress Parlcway, Fort Myers, Florida 33912, party of the second part, Witnesseth that said party of the first part, for and in consideration of the sum ofTEN AND NOIlOO DOLLARS, in hand paid by said party of the second part, the receipt whereof is hereby acknowledged, has remised, released and . these presents does remise, release and quitclaim unto the said party of the seco . terest claim and demand which the said party of the first part has in and @ ~ ¡tuate, lying and being in Collier County, Florida, to-wit: To Have and to (Seal) s,#~-?/:£- ¿ ~ Printed name of Witness # I ~~.J2~~A~40. ) Witness #2 '<cl\d~ 0.. K rCør Printed name of Witness STATE OF FLORlDA COUNTY OF LEE The foregoing instrumenl was acknowledged before me is J;1 day of C' _V, 2005, by PETER J. GRA VINA, TRUSTEE, who is personally known t me and who did not ta~ Notary My Commission ExçHres: i':: ';\. Jennrle< l Ooont>y . ,~ 4 My Comm,ss'ÛO 00366216 ".: ......../ ~ ~Ü'rfIJ~ N:~,....¡n~( J2 '?',)Q8 - @ .... - f'V - "0 0 0 :...:.. ~ ........ (") ::¡ .... g, ¡:;¡ ~. "0 (/J (") (') 0 c £. :J .:<: "1J (t) a ""1 "0 ¡:;¡ CD "0 ~ "0 » ""1 "0 r::. "0 (/J ¡¡¡ (t) ¡¡;. ""1 !!¡ 0 ~ 0 a iÐ ........ :T ~ CD (t) (") cr" g, a ~. ¡:;¡ (") "0 0 ........ c a :J .:<: ~ "1J "0 a "0 "0 :J. CD ~ a » ~ "0 õ'~ (/J ~'" "0 :;:C;;' >< CD~ .~ a. _. - ",,,, - ¡¡jg ~ ::T3 II ~ 3 ~.;:;; .....;¡ ~:J (þ d ;:::::¡.:a. "'- ;;0 cO IJI"O ~ _CD Ò os. N ~a. 0 ;:::::¡.: 5" '" 1JI<e ~ ::1 :;: ""1 ñi<1> (') -i33 (t) ~ 0 ~ œ.", "'- =m 0 o () N :J () 0 c ¡¡¡ V'I ñi Ro '" 0 :J a. :J. c (t) "9 ::s õ .- 6. II '" -- ñi l >- S' Z õ 3 v ~ C/l õ' n .:J :J >- 0 '" :E tT1 ~ ¡¡¡ Ro ;:!. "0 ¡;; ~ '" CD "0 x (t) "0 ""1 iÐ II '" '" l' CD tT1 a. -ì g -ì 3 "2- tT1 ¡;;. ;;0 a. Ro '" iÐ "0 Ò < 00 ë: <1> ........ a. N ~ ........ N 0 0 V'I ~lÞsef;r 10 00 .....10 i 3 = ~!!. IDO ~¡~~~ ("} r ~ I ~ "0 ~ ~ ~g.f<i .6 ;g iIi < :l ("} 8 ~ ¡¡¡ ~~ 3 »:"! ~ ..,., 3 .l>.Õ'!J! zg ~ '" ~::!Z-i.l>. "'" ~ -:: Q; .....o:;u¡::; 3 5 en N C!) CD ;; It> .... m(J'l_"o ! .. .....o-lmo c ~Nm-lO 2 (J'IQ')>m5: »:æ:0:;U .2. C") 0<- ~:;u Nm oen ."en ~ t "'C -I o ;C "'t:I OJ .., n (I) U1 Details Page] of] - Current Ownership Folio No.1I 00412800005 Map II Property Addressll NO SITE ADDRESS Statel! FL Map No. 5812 Zip ' 33901 - 3054 I I I II Strap No. I 11502612 022.0005812 I Legal 112 50 26 W1/2 OF SE1/4 OF I SE1/4 OF SE1/4 5 AC Acres 5 Section 12 Township 50 Range 26 I I I I Sub No. -t Use Çode II ACREAGE HEADER " NON-AGRICULTURAL ACREAGE 100 99 ~ M!I,-ªgeMeél 1 ~ MiUage 13.7153 2005 Preliminary Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll I Land Value $ 42,500.00 I I (+) Improved Value $ ~ H Market Value $ 42,500.00 (oj SOH Exempt Value $ 0.00 I (=) Assessed Value /I $ 42,500.00 I [ (oj Homestead and other Exempt Value II $ 0.00 I I (=) Taxable Value II $ 42,500.00 I SOH = "Save Our Homes" exempt value due to cap on assessment Increases Latest Sales History Book - Page 3823 - 1446 2970 - 3293 2~59 -310 Amount $ 125,000.00 $ 33,000.00 $ 0.00 I - The Information is Updated Weekly. \collicrappraiser con~.J3.ecordDetai Lasp'?F olioID=00000004 J ') ROnOn" IU1J nn!ì';; .... ,'-L~ li: 22 FAX 941 ,181 6281 APTIC FI' MYERS I4J 004 375aH6 U! 613 mi 714 (FC: '~ ',0 O,,.C ,,¡. . . '.' ioa~ COLl'l . . . , i :¡IQA DE!:D made thl1 Much 3, 1975 by Mat 5 g..s aM ·75 B^RRON COúLIER, JR., and I!^BEL CO~IIR READ (heuina!!tflr "albd t:h. etrantor.), ",holQ po.t office addr... ""hC/, ~ ~ . L SC on CUIIU\ 01 ~ ltcuI1 COUll' i. 3003 Nor~\ Tamiami Trail, Haple., rlorida, join4td by HARCUI:RITE R. COLLIER, the wife at Barron Collier, Jr., And HILLI1\M 11. REM, JR., Ch. husband of Isabel Collier Read (h~r6inafter called the spouses) to COWRY COR~O~TION, a Flo~ida corporation (hereina~te~ oa11e4 ~. r.rantee), whoso post ottice addraaa ia 365 Pl~th Avenue South, Naples, Florida. !!!.!~!~!!!!I The ~rantor. .And the Spouses, in consideration of the sum of one Hundred Dollars and other ~ocd and valuable conl1aeration, the receipt whereot i& he~.Oy Acknowledged, hereby grant, ba~qAin. lell, roleA.. And convey to the Grantee, it.succa.aore and As.i~na for aver , th. following deacribed lands (hereinat~ar ca¡lad said lan4a), .ituate, lying and being in Cclli.r Ooun~y, Sta~ of FloridA' '!'Own.hip SO south, Range 27 EAst. c..c:ript:ion AU except read riqht:- ot'-w.y tor Stat:a Read 8' (Alligator Alley) A1~, except road riqht-of-w.y for Bute Road 84 ~I¡ Instr~nt WI' prlPlrad by H.rold S. Lynton/ Attorney .t Law ,"0.. addro'l I. 100 Park Avenue, New York. New York 10017 . - BecUon 2 3 .. ,. - .", I ~J 10/04/2005 14:23 FAX 941 481 6281 APTIC FT MYERS I4J 005 IU 613 /'~Lt 715 10 All 11 AU 15 1\11 11 All 20 AU 21 All 22 All 23 ~U 29 AU '1'OW'I\lhJ.þ !SO South. Ran<te 21 EUt. section oe.criøUon 24 All Too,rnahi'þ 51 South. Ranqe 28 Ea.t: 35 D.ac:d.pt.1on Alt Sect.ion TOGETHER with any and all right., ~1t:1o and inter.at: ot the aran'tOra ane! the Spou.e. in and to any anð .11 1mpl:'ov.- menta on or to 1.1d lands, 'l'OGB'rHER with all tenement.a. here41t.ølienta a.nd apourtan&noe. and all riih~., powe~., privilege~, t1~le.,. interests, a.tat.a, ~OWBr, eurteay .~d rights Of d~r and . curt.ay, reversion., rcaainder.. ..atnnent:. and riparian ri9ht.. thereto b.lonqi~ or in any w1a. .ppert:.a1ni.nq. '1'0 HAVE AND TO HOLD TØZ SAME in lee a1~1. forever. SUBJECT, hclwever, t:.o the tol1owin9 wi.th re~t. to t:he oil, 9a. And min.~al. in, walSer and. ~.t. ..y be produced '!l'O¡D .a1d land_. !he Orut.ozo. bezoêy exaept. trom thb deed and cony.yu~, an4 h.þt)y NllerYa and r.~ ~ to 1:h...lvea,' their !seize. auoae..œ. aDd ...1IjJÞs, -2-' ." ".. ..-..- - ~: ~J ~-:..·L~ 341 481 6281 APTIC IT MYERS !4I006 ~u 613 r~\.t 'llB .a.l1aolut:.aly and forever All of the inter~f!t ancJ owner.hi~ ot the Grantors, a~ ~. tiMe ot thei~ ðxacut10n of th1. dð~, 1" the oil, ~a" anù ~incral. in, under and thAt may bo produced trom said lands. The Grantorll, their hei:r:e, 8ucc:euors and asøiqns, .ø owners of auch oil, qaø and Dinaralø interest Dhall not, without the written conmant of tbe Grantee, its successors or assigns, as owners of the surface of said lands, have any ri~hts, powers or privile~.B to mine, produce or extract any oil, qaa or mineralø lyinq 1.8. than one hundred twenty-five feet below t.he p.re.ont surfacD of said lands, the Grantee, its 8ucce..ors and .a.iqn., a8 such surface owner., in connection with and incident to any u.s, construction or ~provemcnt. by them o~ or on tho ·.\,¡rfAce ot. sAid land. may, without the con8.n~ of th. ~r&ntor" their heirs, successors or A..i~n. (and .uÞjec~ only .~ any .ighta of oth.r. than the ~rAnto~., their heirs, .ucoea.or. or ...:l.9n8), d:l..place, 'consume, Use or de.troy any oil, qas or min.~.l. lyin9. lee. than one hundred twenty-five teet below the ~reaent. .urfaoe of said landst but nothinq contained 1n the prec.din~ clause. ot this sentence .ha¡l b. con.tr~.d to limit or impair any rights, power. or pr1v:l.laq.. of the Grantors, their heir., .ucc..so~s and a.s:I.~n., as cwne~. of .uch oil, qa. and minerals in~.r..t, and the Grantors, their heir., ,ucc..ao~' an4 a..igna, a. .~ch QWn.~. ahall have the full riqhts, power. and pr1viloqe., -3- 10/04/2005 14:23 FAX 941 481 6281 APT I C FT MYERS I4JOOi in. 613 t~~t 111 ~ min., p~oðuc. and .xtraot any oil, qa. O~ mineral. 1y1"9 one hunð~.d ewen~y-tiYe t.et or IIftOre belmt the pre.ent ludac. of ..id land.. Suoh r1qhU, poNWr. and pt'J..Ueg.. of the Cr.nt;Qr., ~.ir heira, INcceaaor. and ...1r¡n., .hall, without limi' :aUon, 1ftcl~, in r..~ct at ..id 1anet., .U thO.. re..onably ~dr....d to inv..tiq.t1ng, exploring, proDpecting, ch1115.%lg and e:xtr¡acting oil, 9a. and mineral. but ahall nat extend ~ .n~inq ~a~ would Wlre.lonably 1nurteJ:'. w1th the then c\u:ren~ ua. by the Oran~e, it. lucce.aor'· Or .aaign., or the Burt ace at aaid land'. SUBJECT ALSO t:o any vaU,ð J:lqhu-of."a", .......nt., r..trict1on. and ~...rvat10n. that are at record or that .n 1napect;ion would dhclo.., !ncluiS1n9, wi~hout lJ.mJ tation, ~.. for reaiS., public ut111t1.., bOrrow piu, outfall dltohea and dralnaqe. SUB.1EC'1' ALSO to the lftDZ'1;qaqe 1nun&ld t:.o 1:MI IlLade by the Grant.. a. mortA¡;ac¡oJ: to Collier-Read CClllpany .. mortIJaq.., und.r ~. dau of thia Deed and intenl!ed to be regorded atmultAnaoualy herewith ADDnq the PUblic Reacrd. of COllier COUftcy, !'lorida, ift tis. prinoipal *Uft of .iqh~ Hundred Sixty-one ~au..nd ('861,000) Dollars with intares~ at t:he rat. ot five (5') percent: pet' annum. The Spou... have executa4 thia deed 101e1y fOr the pu~.. of oonveyinq and :eUnqu1.hinq any of ~heir riqhta, -4- :ì:~ 1.4: 23 FAX 941 481 6281 APTIe FT MYERS Ul613 t~l; 718 titles God intc:c8~., in~1~åin9, ~ithout limitation, dðwor ~nd curt..y, i~ .dd lands and th8Ít' Gpt7Ul'tenaT\cCI'. IN WITNESS WKt:RCO:r, ~. Grantor. and t.he Spouses hava hereunto .Clt~.ir han~ and leal. tho day and year first Above mentioned. B1qned, seðlcd And Deliverod 1n our pre..ne., ',£ ~~ . ,,/ .. ~ / .I ( / './<'. ~ ',f" /I ,/{"/JI 4 ~ 4 ~ ~. _ 4__ I __ 1'JI\J Ia~er .. 01.1. .r f " . a.. wh1f::n K. ie~r (SEAL) (SEAL) .. ... .., ... - 14! 008 ... r:~ ... ,.., ..... ..., .... ...~ ... a '. ct .... .., ... ... C» -5- 10/04/2005 14:23 FAX 941 481 6281 APTI C IT MYERS 141009 in 6'13 Ul,r . "'i19 S~~TE OF FLORXD1\ COUNTY OF COL~Ir.R ss. s Tho undersiqned ~er.bY certifios that B1\RRON CDLLIt:n, Jtl., /o11\RGU&nITE n. COLI.t£fI t tS1\Ut':L. COL.LIJ:;R RI:AD and WILLINt 1\. 1\F.1\L), .:Tn.., t.o me kneWn and known ~ ¡no to be ~e persons described in and who ~xocutcd the fore- going Deed, pe~sonally appeared batore ~. this day and acknowledged that ~øy executed the .~. IU w:r'l"l~f;SS W1tERF.OF', I have hereunto ..at my hang and official 8eal t:his 3rd day of March 1''75. , ' ?{ ~i.·.- ~ ~ a~~ ~..i.;'{ Notary PUÞl1C ~~....,~ ~ ....".. II,¡ .. ~ .., ......,.." ~. 0.,. _, '''' . ,......,... :... ".·...f',.:...,. . . ,... .' .~ -. I . ", ~.. . ....... .1' :!.~ :':: ~~~I ^ ',~ .,. ....;,.l'·!f:Ji'al . ~~ 1ft ~i"I,u. .'5.11 ... '1M .... þlt\...t I~,n DOCUMENTARY:: i SURTAX::: :: ~â.ì~ 9 9 9. 0 0 ª .:i ... ,; :; DOCUMENTARY = SURTAXê l: 8 2.. 8 511 .....·.....111 ... Off..... ........ .... .. C:OI.Uf. cou....,.. "-0...._ ...IMlln ". ICG'" ---""- ~..~<'"-- EXHIBIT "¡\" <C EL i: THE SOUTHWEST ~!~ OF THE SOUTHEAST if.¡ OF THE SOUTHWEST ~ IN . nON 20. rOWNSHIP 50 SOUTH, RANGE 27 EAST OF COLLIER COUNTY, ¡ jRIDA: (¡ETHER \VITH. , ,RCEL 2: THE EAST y; OF THE NORTHWEST ~ OF THE SOUTHEAST if.¡ OF THE , )í 'THEAST if.¡ OF SECTION 12. TOWNSHIP 50 SOUTH. RANGE 26 EAST OF COLLIER [\T'{. FLORIDA; ¡ ¡ETHER WITH, .. :~CEL 3: THE WEST Y; OF THE NORTHEAST ~'4 OF THE SOUTHEAST \14 OF THE ¡ THEAST \-4 OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 27 EAST OF COLLIER ( ;\TY. FLORIDA; , '( j ETHER WITH, >~lEL ..+: THE EAST Y; OF THE SOUTHEAST if.¡ OF THE SOUTHEAST ~-4 OF THE , n fEAST I/~ OF SECTION 12, TOWNSHIP 50 SOUTH. RANGE 27 EAST OF COLLIER ¡ "TY. FLORIDA: r:TI/ER \\lITH. EL 5: THE WEST 1/2 OF THE SOUTHEAST if.¡ OF THE SOUTHEAST if.¡ OF THE II lEAST ~-4 OF SECTION 12. TOWNSHIP 50, RANGE 26 EAST OF COLLIER \iTY. FLORIDA: ¡-'lifER WITH iL 6: THE SOUTHEAST 1.-4 OF THE NORTHEAST \14 OF THE NORTHEAST 1,14 OF 'I)N I J. TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY. ' 10.\: :;-HER \VITH. EL 7: THE EAST Y; OF THE SOUTHWEST if.¡ OF THE NORTHEAST if.¡ OF THE liEAST 1/. OF SECTION 13, TOWNSHIP 50 SOUTH. RANGE 26 EAST OF COLLIER T\". FLORIDA: :HER \\i IT H. ::L ~: THE EAST Y; OF THE NORTHWEST if.¡ OF THE NORTHWEST 1;4 OF THE ~L.\ST !/~ OF SECTION 13. TOWNSHIP 50 SOUTH. RANGE 26 EAST OF COLLIER ""':'. f7LORIDA: ----""",,,--...-- TOGETHER WITH, PARCEL 9: THE WEST ~ OF THE NORTHWEST y.. OF THE NORTHEAST y.. OF THE NORTHEAST y.. OF SECTION 13, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 10: THE NORTHWEST y.. OF THE SOUTHEAST y.. OF THE SOUTHEAST y.. OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 11: THE SOUTHWEST y.. OF THE SOUTHEAST y.. OF THE SOUTHEAST y.. OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA. PAVESE LAW FIRM CHARLES MANN (239) 336-6242 E-mail: CharlesMann@paveselaw.com 1833 HENDRY STREET, FORT MYERS, FLORIDA 33901 I P.O. DRAWER 1507, FORT MYERS, FLORIDA 33902-1507 (239) 334-2195 I FAX (239) 332-2243 October 5, 2005 Collier County Board of County Commissioners 330 I Tamiami Trail, E Naples, FL 34 I 12 RE: Application by U.S. Home Corporation for Severance of Transfer of Development Rights Dear Sir/Madam: This letter is being written pursuant to the above referenced application for the Severance of Transfer of Development Rights. I am writing this letter on behalf of U.S. Home Corporation, the current owner of the sending lands (the "Property"). A legal description of the Property is attached to this letter as Exhibit "A". Please be advised that I have reviewed pertinent title policies for the Property, which policies are referenced by Ticor Title Insurance Company of Florida Policy No. 71 10609-43269, effective June 16,2005 and Policy No. 7110609-4788, effective January 20.2005. I have also reviewed a title search of the property from January 20,2005 to August 24, 2005 and examined affidavits from the Owner for the period from August 24, 2005 through September 12, 2005. The above referenced documents revealed that there has heen no prior severance ofTDR credits from the property and that the property is not subject to any conservation easement, deed restrictions or any other restrictions, easement, item or covenant that prohibits residential development, however, there is no insured right of access to the Property and Parcel. 10ft'¡at13e¥d Exhibit A is subject to oil, gas and mineral reservations, as recorded in Offiêial ~rJis ok 613, at Page 714, of the Public Records of Collier County, Florida, a cop.¥.;ofo/hi is attached to this letter. SÏ11.9LlY 1/ CM/mjc Enclosure cc: Client 4635 S. DEL PRADO BL'.'! "!".~\ -', ~'.. - -~ . 18501 :V1URDOCK CIRCLE ""<T Ch.\RLOITE. FLORIDA 33948 'è, 'I .'55::'='5 4524 GUN CLUB ROAD WEST PALM BEACH, FLoRIDA 33415 ¡56l) 471-1366 461 S. MAIN STREET LAsELe,:. PI.ORIDA 33935 {86.~?-~r:..OO CAPE C~· R.AL. ~I.UR~D'-\ ,~,'r:;I'.4 ttt OR: 3903 PG: 3089 **t ¡meer: ()S-4743 Agent File Number: FL805047: EXHIBIT "A" ,¡west 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, Range 26 Eas1 ~ .;unty, Florida. :lWCSt 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, Range 26 East )!juty, Florida. ~ Jf the Southwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 50 South, .::it. Collier County, Florida. .~ ;¡f the Southwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13, Townsbip 50 South, ::, Collier County, Florida. ¡{ ~he Northeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, -~,:::Jìlier County, Florida. i the Northeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, >~ilie!" County, Florida. --'-.".'''''''->..-- '} ~ ¡¡eta: PAVlSB LAII IIRlI , 0 BOI 1507 rT KIBRS PL 33902 1507 Return to Pdcr Gn\v;na, Esquire N""",· Pav<s<. Haverlicld. CI aI. Address CowtI1""", Box J 8 3710440 OR:. 3903 PG: 3088 RBCORDID in tbe 011ICIAL RlCDRDS of COLLIBR coam. 11 W04I2005 at 02:08rll DfIlGHT B. BROCK. CLlRI: BC l!I DOC- .10 11.50 .10 This m5trumcnt was prepared by: Peter 1. Gravina, Esquire Name PAVESE LAW FIRM AddItts (&JJ H'Ddry Str«, Pas' om.. Ora..... (S07 FORT MYERS, FLORJDA JJ902 ~=-::Na.:OO'-l121Z.000Z.) 604/3'7(,Q:X)S 004\ 3ì Z~3' DOt..{ I Z. ~ eooo:s;; , b0t..41 Ss 2(X:)07 j 06<-l!'i"ir 0000 ~; 004 '<f~'8CX:x:>ì', Qb4Ifø04boo,~ OO"-l13føt.(~Z·, (x:)'i12og'OC03 Gnat« 5.5 No Gnat« 5.5. No. THIS INDENTURE Wher"""r lUod huoÙl, ,he 'er", "party" Pralllnclwde tN he"l. /NT8onal "'p"'.."'a'ms. StlCUSSorl and/or a.ssigrrs of tN "'sp«tm ptlI1iu he,."o; ,he "'" of tN Iillgulor mllrll>er Pral/ incJwde tN plural, aNi tN plural tN linplor; ,he "'" of any ~lUÚr slwll Include all ~ntMrs; and. if _d. the '0,.", "no,." JIoaIl include a/I/he noJu he"'iII described if more than OM. Made this ~ day of & fJ.. ~ , 200S, Between, Peter J. Gravina, Trustee under Trust Agreement datéd tbe 28" day of Marcb. 2005, whose post office address is 1833 Hendry SlJ"eet, Fort Myers, Florida 33901, party of the first pan, and U.S. Home CorporatioD, a Delaware corporation, whose poSI office address is 1048 J Six Mile Cypress Parkway, Fort Myers, Florida 33912, party of the second part, Witnesseth that said party of the first part, for and in consideration of the sum ofTEN AND NO/tOO DOLLARS, in hand paid by said party of the second part, the receipt whereof is hereby acknowledged, has remised, released and' e these presents does remise, release and quitclaim unto the said party of the seco . terest claim and demand which the said party of the first part has in and 1l!) ~ ituate, lying and being in Collier County, Florida, to-wit: ' (Seal) ST A TE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me is ¿;¡ day of C ."'\/ . 2005. by PETER J. GRA VINA. TRUSTEE, who is personally known t me and who did nOI Uk~ Notary My CGmmÌ'¡:sw.r1 C\çJJres i-;' ,';\. Je<\n<te< l Denby : : il ; I.Av Clìmml"StOO 00366216 .... ;.f.....-' 'r (~~ ~'~.1' 11~()er J2 2006 ::; @ :::: N -0 a a :....:.. ... ........ (") :3 g t:J ~. -0 [JJ (") n 0 c 0 '" ::¿ (þ' -0 Ò .., '0 t:J II> -0 ~ -0 :t> .., '0 :::. '0 [JJ ii1 (t) ¡¡;. :-; ~ (") ~ 0 ::: ro ..... ........ :T ~ II> (t) (") CT g :3 ª!" ~ (") -0 0 ........ c :3 '" ::¿ t:J -0 -0 Ò -0 '0 :=!. II> ~ ::: -< .- :t> ¡:.¡ '0 õ'~ [JJ ~I\) -0 :T (j)" ~ II>~ ;.;? Co -. 1\)'" -. 5)8 ..... rt ""3 II ~ 3 -ì ~.::: , II> 0 ;::¡:a. "'- ;N cO ",'0 ~ ,II> Ò N Q~ 0 ;::¡: 3" " "'<0 t:J 5·~ .., roll> (") -03 (t) ~ 0 ~'" ~ 1\)- =.(U 00 N '" 0 0 c ¡¡¡ C\ éÕ Rc I\) 0 '" c- :=!. c (t) 'i' ~ Õ .- 6. II I\) r éÕ >- oï Z Õ 3 0 ~ r./} õ n ,'" '" > 0 " :¡; tT1 ~ Rc ii1 ;a. -0 ¡¡; ¡:.¡ '" -0 II> X (t) '0 .., õJ II '" - '" l II> tT1 Co -ì Q ...... 3 tïÍ '2. ¡¡; ;N Co I\) õJ '0 Ò < 0 ëi II> ........ Co N ........ N 0 0 V't ..... ClH'" en Z ." <Omllqlllo (1) .....IC II 3 = (1)~!!.IIIIO 'tJ cS"Z G)~II oG)§ !::jz~z~C' 00 m :I. III < II ~~3 Z:'! .þ.Õ·~ »8 ~::!Z-l.þ. .....o;o~ Z w C/) ''tJ N m(11::¡mo ~om-l8 .þ.N mo (11(1»>;00 »mO,- ().....o ON~ ;oOC/) "TIC/) 110 DO i j I i ~ i n ." ~ t3 ~ ~ a ... ~ .. '" § -::: õ: iii ~ a .! c: ! ~ .., '" "= -I CJ ;:c "U QJ ., n (t) 0" ¡ (T ~ _.~-----_... Details Page 1 of 1 Folio No.11 00415200000 Map II - Current Ownership Property Addressll NO SITE ADDRESS Statell Fl I I I I I zipl133901 - 3054 I I I I I Strap No. I 1502613 033.0005813 I Owner Namell GRAVINA TR, PETER J Addresses I AGREEMENT TRUST I UTD 3128105 11833 HENDRY ST Cityll FORT MYERS Lega'll13 50 26 E1/2 OF SE1I4 OF I NE1/4 OF NE1/4 5 AC I OR 1966 PG 378 Section 13 Township 50 Range 26 Acres 5 Map No. 5813 Sub No. II j~ Use Code II '1J MlIlag!LAr~a 1 '1JM..ilIªg~ 13.7153 100 99 II ACREAGE HEADER II NON-AGRICULTURAL ACREAGE 2005 Preliminary Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History land Value $ 42,500.00 (+) Improved Value $ 0.00 (=) Market Value $ 42,500.00 .: SOH Exempt Value $ 0.00 (=) Assessed Value $ 42,500.00 I Date 800k - Page Amount I I 05 1 2005 3801 - 3855 $ 200,000.00 I I 07/1994 I 1966 - 378 I $ 25,000.00 I I ('j Homestead and other Exempt Value II $ 0.00 I i (=) Taxable Value II $ 42,500.00 I SOH = "Save Our Homes" exempt value due to cap on assessment Increases. .......... .. ,-. The Information is Updated Weekly. '. '\\\ .co 11 ierappraìser.com/RecordDetai l.asp'?F 01 ioID=0000000415 2ºººº0 8/24/2005 - -:; @ N o o "" () g ~ () ~ :; .:<: -0 Ò "0 '" ;:¡. '< » "0 "0 ¡¡¡ ¡¡;. ~ - ~ :..~ - ~. -:; './: r. ~ r. ;3 -:; -:; ~. - './: r., ..., r. o - - ........ ::: r;; ~ - - ~. -5 ........ ::: -' ~. -5 ~. ::: - ~ iõ :T '" () g ~. () o c: ::;¡ .:<: -0 Ò "0 '" ;:¡. '< » "0 õ~ ~ '" g:iÎÏ '" '" c. :. '" (I> wg ~~ ~.;:;: .:J CD _. a. Cñõ E:;~ '" 0 Q6. ~S (1)<0 ~~ -33 ii8 "'- =ID o () ::;¡ () c: ¡¡¡ CD '" ::;¡ a. c: '9 Õ "- '" CD :; o 3 ~ õ ::;¡ ::;¡ o :; ~ ¡¡¡ ;::. ro (I> '" x "0 it) (I> (I> '" a. ~ 3 "2- roO a. '" it) "0 Ò < ëi '" a. n a: Q, ~ ~ , n of) ~ ~ .1 ~ .... ~ , .. c.; ~ oJ X :::; r. il '-' ::::= '::::~ t.J t;:;,"" r. r. ::.'( tv ~ ~ ~ ~ oJ ..., r. ~ II > Z - v ':J', r:: > '"' - ~ -0 c; -0 r. ..., Ii - ::::= ~ .....cnr-cnz." <0 mill C 'III 0 0'> .....CQ III 3 = O'>:¡;;!!!.III III 0 ì::J c Ii" Z G)~IIIIIOG)c ~z~z~3 cx>m_.1II <16 ~'S. 3 Z:'! .þo.-·III ....0 0·· ....0 ~::! Z -f.þo. .....O;!J(;; zWcn"-u1\J m(J1::¡m.þo. ~~m-f8 (J1O'>:ÞgJß :Þ~o,- a..... 0 OÑ~ ;!JOcn -"cn DO - ,'> - oc --.. t, .¡;. ........ tv 'J¡ ~ '" oJ> '" 8 l" . ';'¡ -> ¡¡; ! -". CD ~ '" .. "' to.; ~ «;: q }; It< , () , c ~ - .::s ~. '- -i CJ ;0 '"U OJ .., n (t) 0'\ k ~ 't' oJ> t. rr.. (' C t- Details Page 1 of 1 -. Current Ownership Folio No.11 00415240002 Map" Property Address!! NO SITE ADDRESS Owner Namell GRAVINA TR, PETER J Addresses I AGREEMENT TRUST I UTD 3/28/05 11833 HENDRY ST Cityll FORT MYERS Statell FL ziPl1 33901 - 3054 Leg"ll 13" 2. W1f2 OF 5.,/4 OF j NE1/4 OF NE1/4 5 AC I OR 1966 PG 378 Section 13 Township 50 Acres 5 Map No. 5813 Strap No. 502613 034.0005B13 I ACREAGE HEADER I NON-AGRICULTURAL ACREAGE Sub No. .'/~ Use Code 100 99 '1J Millage Area 1 '1J Milla9-e 13.7153 2005 Preliminary Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 42,500.00 I Latest Sales History (+) Improved Value $ 0.00 (=) Market Value $ 42,500.00 (-j SOH Exempt Value $ 0.00 (=) Assessed Value $ 42,500.00 (-) Homestead ;11ld other Exempt Value $ 0.00 Date Book - Page I Amount I 05/2005- 3801 - 3855 I $ 200,000.00 I 07/1994 1966-378 I $ 25,000.00 I I (=) Taxable Value II $ 42,500.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. -....-' .. ,..' The Information is Updated Weekly. httD: '\'\\'\\.''':('1 :_·:."'r1r~\i:-:,::·.cnm'Recorrl Dèt:1il.asp')F olioID=0000000415240002 1 01121:200~ 10/04/2005 14:22 F.~ 941 481 6281 APTIC Fl' MYERS @004 375aH6 IU 613 .ml 714 Uti' ! ',[I Gmt .\~' . . '.' ~QO~ CQLL'l : . ' . ;:UOA DEED m.aðe th1. Huch 3, 1975 by Mat 5 9 45 AM ·7~ BJl.RRON cot.t.%E1\, .:r~., and 18^BEL COLLtlR READ '(h.u1nat1;tlr called f:he (trantor-.), whoao pelt oUice addr... J."C/,~~· t. ,con C .11 O' ~ ltc' 1 CCI".T 1. 3003 Nor~\ Tamiami Tra11, Hapla., rlorid., joined by MARGUERITE R. COLLIER, the wire of Barron Collier, Jr., and WILLIJ\H 11.. RE1\Ð, JR., ~e husband of Isabel Collier Read (h~reinaf~er called the SpoU~.8) ~o COWRY CORPORATION, a Florida corporation (hereina~ter 0411414 ~. ~r.nt.e), whoe. post office a4dr... is 3GS Fifth Avenue South, Napl.., Florida. !!!!!!~!!!!!!I The ~rantors and ~e spouses, 1" can.14era~1on at the sum of one Hundred Dollars and other qooð and valuable cona1deration, the receipt whereof 1. he~_Þy acknøwledqed, hereby grant, bargain. sell, role... and oonqey ~ ~. GrAnte.~ itsauee...ora and ...iqna fQrever~ the tollowin9 dellcribeø lands (hereinafter calleð .aid land.), .~t:uate, lyinq and being in Collier Coun~y, State of Florida. Tovn.hip SO south, Range 21 &A.~, De.cript:lon All excep~ road ri9ht:- ot-way tor eta te . ROad 8. (Al119a~r Alley) A1~, except road J:i~ht-of-ay for state Read 84 Thll Instrument w.. prep.rad by Harold S, Lvn~on, Attorney at L~ whol. addroll ,_ 100 Park Avenue, New York, New York 10017 .- SêeUon 2 3 .. ,.w...'· ,I"'J ~'_'~'_'_"_""~""_'M'_~ ._._,_.___.,~,......._ 0"'''1 F"AX 941 481 6281 :\.PTIC Fr MYERS I4J 005 U~ 613 r~u 715 10 11. 15 11 20 21 22 23 29 AU AU ^ll All All AU. .\11 ~11 All ~own.hip 50 So~th, R&nqe 28 E4.t ~.ct:ion ce.ðrif)t:ion 24 All '1'a,mah1op 51 ,!louth, Raftc:re 28 East: 35 D..cription Alt Section TOGETHER with any ðnð all right, titl0 and inte~..t ot the Granter. and. the Spousel 1n and to any and All Ultpt'eve- menta on at' ~o .a1~ LandaJ TOGETHER with all bBnement., hereditament. and apøurtenmnoes and all r19htl, pow.~., priv11eqe., titl.., int.res~9, aatatcø, dower, curte.y a~d right. ot dow.r and curteay, reversion., rsmainder., eaaementa and riparian right:. ~\er.to b.lonq1n~ or 1n any vi.. apporta1ninq. '1'0 HAVE 1.ND TO HOLD '1'!Œ SAME in tee s1~le fonver. SUBJECT, however, to the fOllowing w11:h r.~et: to the oil, qa!l and min.ral. in, \U1der and ~at may be producoc1 tr~ .aid land_. 1'he Gr&ft~ZO. hezoeby except frcrs:ll thh deed and conveyøoe, and. hereby rtI..erv- and reu1n to th__elv.., thetr hêir.. II11CC.'.OI'I aM ...iqna, -2-' ." -----,...~.. 10/04/2005 14:23 FAX 941 481 6281 APTIC FI' MYERS ~006 tU 613 mr '11ô a.1:Iøolu1:.aly and forever all of the intet'r.ftt ~nd owner.hip of the Grantors, at. ~. tiMe of t.h.i~ Gxecu tion of t.M.. deed # if' the oU, C'fl II ant! ~inor.ls in. under and that may ho produced from said lande. The Grantors, their he:l.r., succes.ors and 88s1gns, as owners of such oil. qa. and rn1naralø int.erest .hall not., without the written con.ent. of the Grantee. its successors or ...igne, 4B QWners of the surface of said lana., have any ri~hts, powers or privil.~.. to mine, produce or extract any 011, ~.. or mineralø lyinq 1... than one hundred twenty-five teet be1CJW the pre..nt surface of sAid lands, the Grantee, it. succe..ors and ...:Lqn., .s .uoh surface owners, in connection with and inclè1eni:: to any u.e. construction or ~provemant. by them o~ or on ~a.urtAc:e of .aid land. may, without the eon..nt. of the Grantors, their helrs, succe..ore er a.s1~n. (and .uÞjec~ only ~~ Qny .iqh~. ot ether. than the Gr.n~o.., their heirs, aucoe.aor. or a..i<]n.), 41.,,1.oe, 'consume, use or deat.z'oy any oil, ~a. or mine~al. lying. 1... than one hun4reå twenty-five te.c below the pr..ent., øurfaoe ot .aid landsf but. nothina contained 1n the precadin~ clauses of this .entence .hall b. con.er~.d ~ limit. or impair any' ri9h~., powers or pr!vileq.. of the a~an~or., their heire, .ucc...o.e and as.19ft., ae owners of .uch oil, qa. and minerala intere.t, and the Crantors, t:heir heir_, aucc...or. and ...ign., .. auch owner- ehall hAve the full rights, powera anð pr1vileve., -3- ..".___.__,___+h .,.....----- ,: 2;} ?li :)41 181 13281 APT! C IT MYERS l4JOOi iU 613 r>.Li 117 ~ min., proðuc. and ext~act any oil, ~.. or mineral. lyinq one hundre4 ewen~y-five ~.e~ or more below the pr...nt surtace of .aid land.. Such riqht., ~r. and privileges ot the Crantor., thai: hair., .ucce.aor. and a.aiqn., .hall, without limi~tlon, 1~clu4e, 1ft re.~ot ot .aid lande, all ~oaa rea.onably addres.ed to lnveatiqating, explorinq, proepectinq, drilU.nq and utrø.ctinq 011, qa. and minerab but ahall not extend to any1;hinq ttll5.~ would unrea.onably 1ntartere with the ~en current us. by the Qrantee, it- .~ce.aor. Or ...i9n., or the surface ot 8aid land.. SUBJECT ALSO to any valið riqhta-ot-way, eaa-=-nt., r..trictiona and re.ervation. ~at are ot record or that an in.pec1:ion would di8010.., includ1.ng, without 11m:' tat.lon, tho.. for roadø, public utilities, borrow pits, outtall ditches aN:! drainaqe. BUBJ!C'1' ALSO to 'the mor1;q&qe ln1;:endad t:o ø. iliad. by the Grant.. a. mort.qaqor to Collier-Read company"'. mo:tc;&qe., under the date ot thb Deed and intan4ed to be recorded .imult&n"ou.ly herewith amonq the Publia Reoord. of COllier COun~y, Plori4., in the principal .Uft ot Eiqht Hundred Sixty-one ~ou.and ($861,000) callars with interest at the r.~. at five (5') percen~ pe~ annu=. '1'h. Spou... have executed thi. 4.el1 .01ely for the purpo.. ot oonveyinq an4 r.11nquiahinq any of ~heir riqht., ..4- 10/04/2005 14:23 FAX 941 481 6281 - tot ~ .., ,. .;¡ ... JI .. - APTI C FI' MYERS ~008 Uf 613 t;L; 718 t1tles And 1nt~~o.t., includln9' without l1mi~at1cn, dower An4 curt.sy, 1*), said lande and thaiI:' AppUl'tena'/'lcG" IN WITNESS WHEReof', ~. GrAntor. and tme spcua.s havQ hereunto .ot.~.il' hands and ...1' tho day and year fir.~ Above mant1oned. 81gned, seðlcð Anð Deliverod in our pre..ncet ~.;!t IJ: ~~~~ wf¡fÆ~ ~~~1&f n ... :J e .' ... - (SEAL) (SEAL) - .. E~ ... .... "'" .. ~ tin ..~~ . I. 4 :~ , :'~j ·1 .~¡ , 9 S 9. 00,., ,::~ l .r; . .:.~ , . ... ·5- ~ 0 ~ì .1 ~10S 14:23 F.~ 941 481 6281 APTIC FT MYERS !4J009 iU 613 ~~~~ . '~llS 6T~TE OF FLOR!O^ COUNT~ OF COL~Ir.R 55. t Tho unðereiqned ~ere~y certifios that Bl\RRON COLLlr.P., Jt~., ~~GUJ:¡U'l'E rt. COLU£f', tS^Ur.1.. COLLIt;R ~J:AC and WILLINt 1\. nF'w, .:tn.., to me kneWn and known 1:0 mo to be the por9c~S described in and who nxocutCQ the fore- going Deed, pe~sonallY appeared bofore ~e this day and acknowledged thAt tÞøy executed the saroe. IU WI'rm::ss WltERF.OF, I have hereunto set my hanå a.nd official aeal this 3rd ClAY of March 19"15. , ; ?I .,¿, i. 4".- ;>'. l'.~ ~.i..;'( Notary P ' ])11c '::'" ~ ..... ., "e.t ..~ --..... ,_",,-, "., .. t.a. lor .....Ico. fT.; Ot,. .7t. '''' I "~~'"'t", :.. 1'··..'1, :"',. . . , , . . ~ . ' "', "... . ~ .,.. ~~~~OCUMENTARY § .~ ~:~ ~; {~~}~ F\.OWI h SUR TAX ä.¡~ 11~ ~ ~HI I ~~.~~ ~ 9 9. 0 0 \ =: ; '" .... ::= I.; þh\"'L I~ l' := ~; . . DOCUMENTARY == SURTAX§ l~ 8 2. 8 ~I ............ ,. Oft,.... .......," ..... .. C:CI~ LIC'. çouaf'Y', n.ø~~ "AIII.a..."(T T. 11;9" __ .. elM"" _ EXHIBIT "A" PARCEL 1: THE SOUTHWEST V4 OF THE SOUTHEAST V4 OF THE SOUTHWEST V4 IN SECTION 20, TOWNSHIP 50 SOUTH, RANGE 27 EAST OF COLLIER COUNTY, FLORIDA: TOGETHER WITH, PARCEL 2: THE EAST Y:z OF THE NORTHWEST ';" OF THE SOUTHEAST Y4 OF THE SOUTHEAST Y4 OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORlDA; TOGETHER WITH, PARCEL 3: THE WEST Y:z OF THE NORTHEAST Y4 OF THE SOUTHEAST Y4 OF THE SOUTHEAST J;" OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 27 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 4: THE EAST Y:z OF THE SOUTHEAST Y4 OF THE SOUTHEAST Y4 OF THE SOUTHEAST 1;4 OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 27 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH. PARCEL 5: THE WEST 1/2 OF THE SOUTHEAST V4 OF THE SOUTHEAST Y4 OF THE SOUTHEAST 1;4 OF SECTION 12, TOWNSHIP 50, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH PARCEL 6: THE SOUTHEAST V4 OF THE NORTHEAST V4 OF THE NORTHEAST 1;4 OF SECTION 13, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL Î: THE EAST Y2 OF THE SOUTHWEST Y4 OF THE NORTHEAST Y4 OF THE NORTHEAST V4 OF SECTION 13, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 8: THE EAST Y2 OF THE NORTHWEST Y4 OF THE NORTHWEST Y4 OF THE NORTHEAST I,~ OF SECTION 13, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA: ,:¡!i[R \\Tnl. ¡:;.) TIlE \\'[ST 1/2 OF THE NORTHWEST 1;4 OF THE NORTHEAST 1/" OF THE . ,\!I iF. \Sf :/1 OF SECTION ¡ 3. TOWNSHIP 50 SOUTH. RANGE 26 EAST Or: COLLIER '<¡Y. fLORIDA: . l~THER WITH. RCEL ¡ 0: THE NORTHWEST 1;4 OF THE SOUTHEAST l/~ OF THE SOUTHEAST ~.:, OF 'nON 12, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, , )RIDA: ! ¡ETHER WITH, .F.CEL ] l: THE SOUTHWEST 1;4 OF THE SOUTHEAST I/~ OF THE SOUTHEAST 1;4 OF nON ¡ 2. TOWNSHIP 50 SOUTH, RANGE 26 EAST Of COLLIER COUNTY, iRIDA. - -~,..-.. --~"-- ',- ........-,.- r· I· ..y, ' '-,...., _uL -;\/ FIRM CHARLES .\IAf\N i 239) 33(,-62·12 E-maii: Charlcs\lann II p~!\~sdawcorn j.'.:-:.;':'i, FORT :'1YERS, FLORIDA 33901 i P.O. DRAWER 1507, FORT MYERS, FLORIDA 33902·1507 I !2391334-2195 I FAX (239) 332-2243 October 5, 2005 ìi] icr County Board of Countv Commissioners . , : i) 1 Tamiami Trail, E dpìc~;. FL 34112 RE: Application by U.S. Home Corporation for Severance of Transter of Development Rights ';~r Sir/Madam: This letter is being written pursuant to the above referenced application for the "'crance of Transfer of Development Rights. I am \\Titing this letter on behalf of U.S. . 'mè Corporation, the current owner of the sending lands (the "Property"). A legal ..:ription of the Property is attached to this letter as Exhibit "1\". Please be advised that I have reviewed pertinent title policies for the Property, <.:11 policies arc referenced by Ticor Title Insurance Company of Florida Policy No. ; )()()lj-43269, effective June 16, 2005 and Policy No. 7110609-4788, effective January . J)i)5. I have also reviewed a title search of the property from Janu:lry 20, 2005 to ~US¡ 24. 2005 and examined affidavits from the O\vner for the period from August 24, ,; 1 hrough September 12,2005. The above referenced documents revealed that there '':'-'11 no prior severance ofTDR credits from the property and that the property is not ",'(t :l) any conservation easement, deed restrictions or any other restrictions, 'l1ènt. item or covenant that prohibits residential developmcnt hO\vever. there is no .ùi right of access to the Property and Parcel I oñ,;au~chèd Exhibit A is subject to oil, ,nJ mineral reservations. as recorded in Oftìcial RçcÒrds B ok 613, at Page 714, of [ì!ic I\.ècords of Collier County, Florida, a cOPX"of whi 1 is attached to this letter. /. . . l' i / S1I1cerelv i ,I I "J ~ "; / / I /' .' / i~ "",' -.., :~~~': -',íL'¡~L\j(~~ (,=¡;~CL2~ . c. .~" 1 ~).., _.,.-:-t....., 4524 GUN CLUB Ro.;O ',VF.ST P:~U,1 BE.\CH _ :LORIS.-\ ,~·,)·t l3 46l S. MAIN STREET LABEL:.':. ':. ;"1[" '3935 ........~ :-,~ 1 \ -, ,_ . :~~~:~,~-._-"' ".~~ letn: PAVlSI LAW PUll P 0 BOI 1501 PT fIRS lL m02 1507 *** 3710435 OR: 3903 PG: 3081 ttt mORDID in tbe OFPICIAL licom of COLLIIR C011llTT. lL 10/0412005 at 02:0m DVIGB'II. BROCI. CLlAI Return (0' Pe1a J. Gravin.. Esquire N&m< Plvesc, Hlverfield. et a AddI=: Counhousc Box 18 DC FII DOC- .10 This Instrument was prq>1led by: Peter J. Grlvin.. Esquire Nome PAVESE LAW FIRM Address Property Appfliser's D L' PlfcelldcnltfiCllion No.: o. 14 'Z.. '-fCX;;6 z.. lX.Y-/ I "5 2. (:x::::Jo 0 I83J Hendry Street Post ome< On.... IS07 FORT MYERS, FLORIDA JJ902 Grantee S.S. No. Grantee S.S. No. THIS INDENTURE Wherever ~ M~in. tire knll "party" shtJil /ltclu&t tire MiTs. perJ.-J '~pnsentalive$. SflC.«not"S and/or tUSigru 0/1116 ru¡Mcttw pœriu Mnto: 1M _ Of 1M smgwlar ,"",,~r sItaIJ inclwle tire plural. aNi tire plwuJ 1M singwlar; tire _ of any ~ndu sholl inclwle all ~"""rs; and. if_d. ÚIe Ie"" "no,o" slto/I /ltclwle all tire no'os IIIro.n described if ~ duS1t OM. Made this ~ day ok :;ë ~ ,2005, Between, Peter J. Gravina, Trustee under Trust Agreement daTed the 28" day or March, 2005. whose post office address is 1833 Hendry Street, Fort Myers, Florida 33901, party of the fU'St part, and U.S. Home Corporation, a Delaware corporation, whose post office address is 10481 Six Mile Cypress Parkway, Fort Myers, Florida 33912, party of the second part, Witnesseth that said party of the first part, for and in consideration of the sum ofTEN AND NO/H)O DOLLARS, in hand paid by said party of the second part, the receipt whereof is hereby acknowledged, has remised, released and ' these presents does remise, release and quitclaim unto the said party of the seco . terest claim and demand which the said party of the first part has in and rt@ ~ 'tuate, lying and being in Collier County, Florida, to-wit: u The Southeast 1/4 ofth Range 26 East, Collier County, To Have and to ~ belonging or in anywise apperta said party of the first part, either party of the second part. r the appurtenances thereunto STATE OF FLOR£DA COUNTY OF LEE The foregoing instrument was acknowledged before me this /..;1." day o~ 2005. by PETER 1. GRA VINA, TRUSTEE. who is personally own to me and who did nol take an oath. i>-'\. . WO.. ~ '';'' .; """co", " ...or E. l71's$ (L.f8<; lOry DO"L::._ . "'0""",0,,,. VOfj:?/ð My CommisSion Expires' o:? ~ -;~---~- 10.'0 .10 ::r ...... -ë '-..:.. --..... 3 ~ -0 ¡¡¡ (') 2- - (D' '"! ~ -0 -0 '"! e:. ¡¡¡ (tì :-'I (') o 3 --..... ~ (tì cr' 3 ~ -0 --..... 3 ~ -0 -0 ::!. :::! ....... ~ ¡¡¡ -0 ~ ...J ¡:;:. ...... ¡:p II ......J Û ;::v ~ N o ""0 ~ '"! (') (tì ~ o N o -....¡ ?;o o '"! (D. :::! ÎI r- >- Z Û r./1 n >- ""0 ['Tj ?;o -0 ~ -0 (tì i1 r- ['Tj ......J ......J ['Tj ;::v ?;o @ N a a ... n g, ~. n o c: :J ~ "TJ (3 "C '" ;¡. '< » "C "C ¡¡¡ ¡¡¡ ~ ~ iiï :Ÿ '" n g, ~. n o c: :J ~ "TJ (3 "C '" ~ » "0 õ""Q ~ OJ :T (fl' ",m a. :. OJ''' ñrg "'"3 ª~ .:::1 CD ;::4:Q. "'õ 5i~ .'" 0 Q~ ~5' "'<» ~~ "'3 !ìg OJ- ~.W 0" :J " c: ¡¡¡ 10 0) :J C. c: "9 õ 6. OJ 10 S' õ' 3 ~ õ' :J :J o ::;; ~ ¡¡¡ ? ii, '" '" x "C ¡;; '" '" m c. S; 3 ~ ii, c. 0) ¡;; "C (3 < ä: '" c. U1 (J i en z ó' 10 DO ~~ J~= 1J~1II (DO G')~¡;r¡.. Z n !;D I I i ~ ffi Q 31 o G') ~ i J n wznz~i !} m::!.lII< n 8 ª ¡¡, ~'8:i z:'! ~ ... ~ ~o·· >8 8- ... O~Z-i~ '< ~ -::; "ø .."......O?J~ :3 ~ Zw (J 1J 00 .. I o i .. ~~~~g c ~~>mo ~ U1 o;;tJ~ .=. >'3!o<-. (')r;:s;;tJ °om ;;tJ..,,~ 00 --..... N ~ --..... N o o V'o ~ -< .g -i o ;c "'C OJ .., n ro '-J I o I ._.".,.._..._-~.~...~.- fktaÌ Is Page I of I - Current Ownership Folio No.11 00414880007 Map II Property Addressll NO SITE ADDRESS Owner Namell GRAVINA TR, PETER J Addresses GREEMENT TRUST City State II FL Zipl 33901 - 3054 I I I I Legal 13 50 26 E1/2 OF SW1/4 OF NE1/4 OF NE1/4 5 AC OR 588 PG II 893 Section Township Range II Acres 13 50 26 II 5 Sub No. " 100 II ACREAGE HEADER -1J Use Goçte II 99 II NON-AGRICULTURAL ACREAGE I I II '1J MJlli!g~tP,.œª II 1 '1J MlI.@ge 13.7153 Map No. 5813 Strap No. 502613025.0005813 2005 Preliminary Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History Land Value $ 42,500.00 (+) Improved Value $ 0.00 (=) Market Value $ 42,500.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 42,500.00 (-) Homestead and other Exempt Value $ 0.00 Date 06 / 2005 09 / 2000 800k - Page Amount I 3823 - 1442 $ 125,000.00 I 2726 - 2505 $ 20,000.00 (=) Taxable Value II $ 42,500.00 I SOH = "Save Our Homes" exempt value due to cap on assessment Increases - The Information is Updated Weekly. .___~~()lli~ra~rraiser.c(~miRecordrk!~il.asn'?F()lio¡D=()OO0000414RX0007 .... _ ':In I nn{\, 10/01/200514:22 FAX 941 481 6281 APTIC FT MYERS. [4J 004 375:lHü tU 613 .tA\J 714 IFt" I ',n omt "I 0 . . '.. 100~ CQLI.·l: . , , : DA DEED maCle thi. HU'ch 3, 19'75 by Mat § 9 11$ aM ·7~ B \.1UU)N Cot.t.%E1\, .T~., and 111\.BEL COt.LIE~ READ '(h.t.inat~..r oa11_d i;he C1r.ntor:.), who.o post ofUce addr... J"IIC/,~~ . L 'COT'\' C ..~ O' ~,,,c"11 tGU.' i. 3003 Nor~' Tami.mi Trail, ".ple., rlorida, join~ by HARCUERI'l'E R. COLLIER, the wife ot Barron Col11er:, Jr., end MXLLIlIH 11. REI\Ð, JR., ~. hu.b.nð of Ieabel Collier Read (hereinafter called the SpoU~.8) to COWRY COR~ORATION, a Florida corporation (hereina~t.r c&11.4 ~e r.rantee), whoso post otfice address ia 3G5 Pi~~ Avenue south, Nap~es, Florida. WIT N E SSE T H I --~-_.....---- The arantora .and ~e spouse., in consideration at the sum of ~e Hundred Dollar. and o~er ~ooð and valuable con81aeration, the receipt whereof is he......i:Iy aclcnøwlødqed, hereby grant, bargain. .ell, r.l.... .nd aanqey to the G~ante.t itøauce...ora and ...iqn. forayer, the tol1owing described lands (her.inafter oa11.d ..id land.), .~tUA~, lyinq anð beinq in Collier County, Sta~ ot plor!dat 'l'OVn.hi!J SO South, Range 27 £a.~. De.cription All except .road riqht:- ot...,.y fcu: eta t:e . ROad " (Al11qA~~ Alley) Al]" except .road ~i9Þt-oføw.y for sta~ Read 84 This Inltr~nt w.. pr.p,reð by Harg1d S, Lynton; Attorney at Lew whos. addr..s II 100 Park Av.nue, New York. Mew York 10017 .- s.at:.ion 2 3 -, ," ~. .... '1 ~J 10/04/2005 14:23 FAX 941 481 6281 APT! C Fl' MYERS ~005 IU 613 rALt 115 10 :u. 15 17 20 21 22 23 :19 ~u. AU All All All All Ul ~11 A.u. ~~.h1ø SO South, øanqa 21 £A.t s.c~ion De.criø~ioft 24 A11 '1'o-.rn.hi'P 51 south. Ranqa 28 Ea'~ 35 D..cdpt.1on Al,t Sect.ion 'l'OGETRER with ."1 and all riqht, t1t.1o and inulI:'.'~ ot the Gran~r. and the Spousa. 1n and to any and .11 ~II:'~- ment.. on or ~ ea:i.CI lanðs1 'rOGE':t'HER with all tenement.., narecS1 t.IIa8n~' .nd apøurtAnanoeø antS all r19ht... powa2:". priVUAq.., U1:.1.., 1nt.re5~9, eBt.atod, dower. aurte.y .~d rigbt.t Of ð~1I:' and . curt...y, reversion., r.maindar.. a..ement. and riparian ri9h~. ~\.r.to belonqin9 or in any vi.. .pper~lnin4. '1'0 HAVE AND 'to HOW 'l'HZ SAME in tae 811Øp1a for.".,r:. SUBJEC'l', however, to the tol1Qtfin9 with r'apeCl~ to t:he 011, qas And minaral- 1n, \U\cSer and. ehat. ..y tHt produeed troœ .aid lande. . '1'he Qrui:Or. hereby e3Caept. ~~ t:hb d..eS and conveyøoe, and. h.~ rellAZ'Y8l and reu1Þ to t.h..el..,..,' thaiZ' bàu., tIUOø...œ. aII4 ...iqr¡.., -2-' ." ì!'S 14::!3 FA.1 941 481 6281 APTIC IT MYERS 141006 U~ 613 r~U 'Iii) Ab.eolut.aly and torever all of the intercfllt and owner.hip of the Grantors, at the tiMe ot thei~ axacution of this ðftctd, i" the oil, (fa '! ant.! ~inerals in, under and that may ho produced from oa.id lands. 'the Grant.orll, their he h'e, aucc:enors cnd ð8Si9ns, aø owne~8 of such oil, qae and mineralø 1nteres~ Bhall not, ~ithout the ~i~ten conment of the G~an~Gø, itS successors or assignB, 4S QWners of the surface of said lands, have any ri~h~s, powers or privile~.B to mine, produce or extract any oil, qa. or mineralø lyinq lell8 than one hundred twenty-five feet below t'.he present surface of 8ðid land., the Grantee, it. succe.sors and .s.iqns, as such surface owner., in connection with and incident to any u.o, construction or ~provemcnts by them o~ or on tho 'surfAce of ..id landø may, without the cQn..n~ of the ~r.n~or8, their heirs, successors or a.si~. (and aubject only ~~ any ~igh~. o~ others than the GrAntors, their heirs, .ucoeasora or ...1qn.), di.place, consume, Use or de.troy any oil, eftu! or lllineral. lying less than one hundred twenty-five teet below the prosent øurtaoe o~ said lands1 but nothinQ contained in the precedin~ olau.e. ot ~h1s sentence shall b. con.~ru.d to limit or impair QnY rights, powers or pr1vilaq.. of the Grantora, their heire, .uccesso~s .nd ...19n., as owners Of .uch oil, 9.s and minerals intere.t, and the Grantor., their heir., .ucc...o~. and a.aigns, .. such owner. .ball have the full :i9hts, power. and pr1viloqe., -3- ..~._._-_._~,~,,~ 10/04/2005 14:2J FAX 941 481 6281 APTIC Fl' MYERs 141 007 1((. 613 rA~t 717 1:0 lIin., produoe and exta:act. any oU, 'II.. or .ineral. lyl~q one hund~.d ewenty-tive t.e~ or eoJ.'e belo.t th. pre.de .urfac. ot .aic! lalid.. Such dqht., powtt&"' an4 PJ:ivU..ça. of the Cr.n~n, ~.i&" heir., .ucc...or. and ...19ft., .hall, without limi~t:1on, ¡,",clude, 1D n'¡MIct ot ..id 1.neS., &U tho.. r...on.ú:lly adcSr....ð to inve.t.ic¡& t1ng, .xploJ:i,n9, pro.pec1ånq, 4rUl1Ja9 and ext.raatinq 011, 9&8 and mineral. but &h.ll no~ a~tencS ~ &~inc¡ ~~ would unr...onably intertere vi~ ~ t.han aurreat. u.. by the Oran~, it- .ucca..or,· or ...19n., or ~~ Burt.ce ot ..14 land.. SUBJECT ~o t:.o any v.licS J:>iqhu-of-way, ......nt., re.tt1cUCtUI and re"rI'.t:ionll t:hat ar. ot r:ac:oZ'd. 01:' that. an iMptlcd.on would. d1lc10.., 1nalu41nq, .Q1:hout. 1.t.1DJ ut.ion, 1:bc.e tor road., public ut111t1.., Þol:'row piu, outfall dit:oh.. and dralnaC¡lt. SUa.n.:cT ALSO t.o t:h. JIIIOrtfJ.c¡e inte~c! to a lNðe by the ca"ant:.. .. mort.qaqoJ:> to Collier-Read CCrapany .. mo:tI;age., unð.r ~e cSaù of thl. eeed and intel14!ed to be reClordec! dmult.an"ou.ly herewith &llang tbe PUblic I1ecrord. ot COlli.r COUnt.y, Plo:l:'1d., in tII. pl:'indpal IWft of 819h1: Hundred Sixty-one Thou.and ('111,000) oal1ar. with inte~..t: at the rate of fiw (5" peraen~ pea: annum.. 'lb. SPOU'" have executed t:h.t.a 4..4 ~l.ly tOI:' the pU:-PO'. ot aonveyin9' ad r.Unqu.f.ahing !any of ~.f.1' right., -4- , /, ~u· :) 14: 23 FAX 941 481 6281 APTI C FT MYERS ~008 U~ 613 r'\~; 718 titl.s And i~tarQ.t8, includln~, without limitAtion, dower ~nd curt.sy, 1~ said land. ana the1~ Appu~ton."ca" IN WITNESS WIŒRCOP, tthø arAftt:or. and t:.he Spcuse8 hava hereunt:.c _at.~.ir hand_ and ...1. tho day and year first above mentioned. Signed, seðled And Deliverod in our pre..nc.. 4 ~ ~ ~ ~. -~ . -- .~ ~.r .. 0"'1 .r ( SEAL) ~ .' . .-: . .,fi~am ~~r (Sv.L) ,., ... '.J e "" ~ - - FF ... .,., 101. ", .... ....~ on ~, ... ~'It,,-.. - ... ..., ... .. - -5- 10/04/2005 14:23 FAX 941 481 6281 APTI C FT MYERS I4J009 In 613 ~~~~ . 719 ST~TE OF FLOR%D^ COUNTY OF COL~Ir.R 55.1 Tho undersigned ~e~eby oer~1t10. that B1\RRON CDLLIJ:n, Jft., "f.l\RCiU~nI'I'E n. COLI,%£1', tS1\þz::t.. COLLIER Fl.I:AJJ and WJ:LLINI 1\. 1\F.1\.I,), .1ft., to me kncWn ..net known to 1"0 to be the perøo!'\tI described in and whc .,xocl.1tC1d th- fore- going Deed, pe~sonally appeared batore me this åay an4 acknowledged that they executed the .~. In WI'l'UF.SS wttERF.OF, I have bereunto øet my hanr;\ and official seal this 3rd day of! Ma2:'ch 1975. ",~'" .<# ?I ~it·.- ß ~ {l,... ~..i.;,.( Notary PUbliC ..., *" ~ s... ., fIf..t ..~ ~ ..."., Ot tI.o. a...., ....../q," "..' t. _. I,~ , ,.".....,,,:. .'.·.··'1,:...... .....-.:.., '. ~ ,f, , , .. -~.,~ \!.~ :~ f.'J:~~ F1.0HI ^ J~ ·It ~~"-~a' .., .~ I IYt -t'n .... .hUIL 1~,n DOCUMENTARY 5 .~ SURTAX:.-; I D 0 a . n n Ii; .¡~ ~ª':~ :: DOCUMENTARY ª SURTAX: \: 8 2, 8 51 ~ ............" .. ott..... ....,.. .... .. cot.ur. CIDU_"', n.o__fIA .."Ao....n T, IÇGtT -..-- EXHIBIT "A" ;.C;~L j: THE SOUTHWEST I/¡ OF THE SOUTHEAST ~'4 OF THE SOUTHWEST 1'4 IN ,!'J()N 20, TOWNSHIP 50 SOUTH, RANGE 27 EAST OF COLLIER COUNTY, )RID;,\: . (jETHER WITH, '.FCEL 2: THE EAST Y2 OF THE NORTHWEST ~ OF THE SOUTHEAST ~ OF THE (THEAST ~'4 OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER H:'HY. FLORIDA; : j eTl IER WITH, .J<C'EL 3: THE WEST Y2 OF THE NORTHEAST ~ OF THE SOUTHEAST ~ OF THE !T! fEAST ~ OF SECTION 12, TO\VNSHIP 50 SOUTH, RANGE 27 EAST OF COLLIER :{ >-iTY, FLORIDA; d::THER WITH, ~(,[L 4: THE EAST Y2 OF THE SOUTHEAST ~ OF THE SOUTHEAST ~ OF THE ' Tf fEAST ','4 OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 27 EAST OF COLLIER i:\TY. FLORIDA; ¡:TlIER WITH, ',( TL 5: THE WEST 1/2 OF THE SOUTHEAST ~ OF THE SOUTHEAST ~ OF THE ;'1 JL\ST ~ OF SECTION 12, TOWNSHIP 50, RANGE 26 EAST OF COLLIER '\;TY. FLORIDA; j 'TlŒR WITH .\ 1:L 6: THE SOUTHEAST ~-'t OF THE NORTHEAST ~I.t OF THE NORTHEAST ~/I OF ,¡(iN 13. TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, i~!D,\; ::THER WITH, ;:L 7: THE EAST Y2 OF THE SOUTHWEST ~~ OF THE NORTH.EAST ~ OF THE " ;'; fL\ST 1,'4 OF SECTION 13, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER , ¡-Y. FLORIDA; ';1 IER WITH, ':L i): THE EAST Y2 OF THE NORTHWEST ~ OF THE NORTHWEST ~ OF THE . T·\ST ',4 OF SECTION 13, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER ;''0'. !:U)RIDA; .- .._"_......,.~ ~-..... TOGETHER WITH, PARCEL 9: THE WEST Y2 OF THE NORTHWEST ~ OF THE NORTHEAST ~ OF THE NORTHEAST ~ OF SECTION 13, TOWNSIDP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 10: THE NORTHWEST ~ OF THE SOUTHEAST ~ OF THE SOUTHEAST ~ OF SECTION 12, TOWNSIDP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL II: THE SOUTHWEST ~ OF THE SOUTHEAST ~ OF THE SOUTHEAST ~ OF SECTION 12, TOWNSIDP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA. PAVESE LAWFIRM CHARLES MANN (239) 336-6242 E-mail: CharlesMann@paveselaw.com 1833 HENDRY STREET, FORT MYERS, FLORIDA 33901 P,O. DRAWER 1507, FORT MYERS, FLORIDA 33902-1507 I (239) 334-2195 I FAX (239) 332-2243 October 5, 2005 Collier County Board of County Commissioners 330 I Tamiami Trail, E Naples, FL 34112 RE: Application by U.S. Home Corporation for Severance of Transfer of Development Rights Dear Sir/Madam: This letter is being written pursuant to the above referenced application for the Severance of Transfer of Development Rights. I am writing this letter on behalf of U.S. Home Corporation, the current owner of the sending lands (the "Property"). A legal description of the Property is attached to this letter as Exhibit "A". Please be advised that I have reviewed pertinent title policies for the Property, which policies are referenced by Ticor Title Insurance Company of Florida Policy No. 7110609-43269, effective June 16,2005 and Policy No. 7110609-4788, effective January 20,2005. I have also reviewed a title search of the property from January 20,2005 to August 24, 2005 and examined affidavits from the Owner for the period from August 24, 2005 through September 12,2005. The above referenced documents revealed that there has been no prior severance of TOR credits from the property and that the property is not subject to any conservation easement, deed restrictions or any other restrictions, easement, item or covenant that prohibits residential development, however, there is no insured right of access to the Property and ParcelloÏt¡att d Exhibit A is subject to oil, gas and mineral reservations, as recorded in Official.ij orfls ok 613, at Page 714, of the Public Records of Col1ier County, Florida; a cop: of whi is attached to this letter. . . l ,,' CM/mjc Enclosure cc: Client 4635 S. DEL PRADO BLVD. '::;?E CORAL. FLORIDA 33904 23°1 ~+2-.' í48 18501 MURDOCK CIRCLE PORT CHARLOTIE, FLORIDA 33948 i04 j I 255-30% 4524 GUN CLUB ROAD WEST PALM BEACH, FLORIDA 33415 (561) 471-1366 '"~".,--,,-~......,.,.-. 461 S_ MAIN STREET LABELLE, FLORIDA 33935 (81';.\1675·:)800 -·'~~_·_.·__.__'W~~"~_·._.~_ -".~----,-,"-~" tit OR: 3903 PG: 3089 ttt .~. ')S-;7·ß Agent File Number: FL80504 7: EXHIBIT "A" .C'~j¡ 1/4 of the Southeast 1/4 of tbe Southeast 1/4 of Section 12, Township 50 South, Range 26 East :~" Florida. :;r 114 of the Soutbeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, Range 26 East . ¡ . Florida. ,¡ :he Southeast 1/4 of the Sout ~~~Southeast 1/4 of Section 12, Township 50 South c. =ollier County, Florida. ~\JE O~~ d~~' i tbe Soutbca,t 1/4 f t {~.. be So~t~st 114 of Section 12, Townsbip SO South, : oilier County, Flfd L--' r \ \ . . ','he, Nortbwest 1/~~ @ tb 7~t J/4 of Section 13, Townsbip SO Soutb, -oilier County, Flo~ ~< ~/ ~ '.0/ 1~ V 'he Nortbwest 1/4 ~rth fPrl}twe~, e 'JÍ¡" ~ast 114 of Section 13, Tnwnsbip SO Soutb, . ,)flier County, Flonda. lIE cn~ C te Southwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 50 South, : ¡iller County, Florida. .Je Southwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 50 South, ~Llier County, Florida. ¡¡e Northeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, . jkr County, Florida. d: Sonheast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, ic County, Florida. í\ \ r v Retn: PAVlSI LAIl fIR/! , 0 BOI 1507 FT KIUS PL moz 1501 Return 10: Peter J. Grnina, Esqulfe Name: Pavese. Haverfield. CI aJ Addr<:<,: Courthouse Bo. J 8 3710440 OR;· 3903 PG: 3088 RlCORDID in the omCIAL RICORDS of COLtIIR COUR1J. PL ]010Cf200S at 02:08PM DIt'IG8T I. BROCK. CLm DC l!I DOC-.70 11.50 .7Q Thí:s instrument was prcpored by: PC1Q J. Gravina, Esquire Name PAVESE LAW FIRM Address I8JJ H.adry Slrtd Post orne. On ...r 1~7 FORT MYERS, FLORlOA 33902 I'ropcny A¡lpraisCl's. . 6 4 ru S Plf<ttldmlification No.: 0 0'1 I 2.12..0002. J 0 '3,...CO? Do 4 I 31 ZCb:\03' DO,",,' z. ~ CDoO$:'¡ I bOt..ll 5s 2lX;)o 7 j 06<.. 1~"'íf 0000 ~) 004 "¡~"gcX:X;>ì', l?b4Ib04bco,~ OU'-1t31ø'tCX::oZ', 00'-4' Zo'&"OC03 Granite 55 No. Onr.."" 55. No. THIS INDENTURE WM,n,,, ll.Há M",1n. tM æ"" "party' >lra/11ffcl1ItÚ the Mtrs. ¡wrsOlfQ/ reprC3cmatiw!s, sw:œs.ror$ and/or <WÏgru of the "'$pCctlYc partiu Mreto; tM .... of Útc $íngu/ar number $1uúJ iN:1uJe tM plural. and Útc plural tire Jingr.lar; the """ of any ~fllÚr maU i1rcIfIt/c all ~nácr$; and. if -II. tire Ie"., "notc· $Nz// iN:lfIt/c all Útc nota Ircrcin ducrihcd if "'ore than """. Made this ~ day of & fJ. ~ . 200S. Between, Peter J. Gravina, Trustee under Trust Agreement dated tbe 28111 day of March, 2005, whose post office address is 1833 Hendry Street, Fort Myers, Florida 33901, party oflhe first part. and U.S. Home Corporatioa, a Delaware corporation, whose post office address is 10481 Six Mile Cypress Parlcway, Fort Myers, Florida 33912, party of the second part, Witnesseth that said party of the first part, for and in consideration of the sum ofTEN AND NO/lOO DOLLARs, in hand paid by said party of the second part, the receipt whereof is hereby acknowledged, has remised, released and'( e these presents does remise, release and quitclaim unto the said party of the seeo . terest claim and demand which the said party of the first part has in and @ ~ ituate, lying and being in Collier Counl}', Florida. to-wit: To Have and to s,#~ß/7/:£- ¿ ~ Printed name of Witness # I ~~~~A~ Witness #2 )<cr¡d~ <1 K ~C.p,- Printed name of Witness (Seal) ST ATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me is.l.). day of \:' - --./ , 2005, by PETER J. GRA VINA, TRUSTEE, who is personally known I me and who did nOI t1tk~ í , My CommÌ;slOn Expires: ".. ^ .'ennrle< l 0e<11>y 4;- !:I. J . lAy Comm ~S¡()Il 00366216 \. "'f J ,;'",..-' !~'¡"<I;I<,,;~_,::::::t:-"~~.,,~~ ::r @ ..... N ..... '0 0 0 :...:.. :Þ- --- (') 3 g t.:I ~. '0 r:/J (') n 0 c £. ::: :< (i)" ìJ 0 >- "C t.:I <1> -a ;:¡. '< -a :> >- "C t.:I "C ¡n' ¡¡¡ ("1J ii, :; ~ (') ~ 0 3 ¡¡; --- 5' :E <1> ("1J (') cr" g 3 ~. t.:I (') '0 0 --- c 3 ::: :< t.:I ìJ -a 0 -a "C :=:!. <1> ::I ~ ..... :> t.:I "C 5~ r:/J ~ Q -a g (j)" X <1>~ .~ C. _. ..... Q U> a:: Eüg ("1J "'3 II ~3 !!!... ""'"i :::- . <1> Ü ;::;.:a. u>- ~ cO u>"C t:. .<1> 0 o ~. N ~c. 0 ;:+ 5' '"'0 u>co t.:I ~~ >- (') -<33 ("1J ~ 0 ~ !lu> Q - =ID 0 On N :::n 0 c ¡¡¡ \Q ro ~ Q 0 ::: c. :=:!. c ("1J "9 ;:3 Õ ..... 6. II Q t""'" ro > s Z õ ª Ü ~ C/J õ' n .::: ::: > 0 '"'0 :; tT1 ~ ¡¡¡ ~ 3- -a ii, t.:I u> -a <1> x ('!,) "C >- ro II u> u> r <1> tT1 c. ""'"i Q ""'"i 3 '2. tT1 a, ~ c. ~ Q ¡¡; "C 0 < 00 ã: (1) --- c. N ~ --- N 0 0 VI Z!:"0Z'" :¡:ci5 ~ ~ g ~III;¡;¡O ~õa" Z O~ G)C "T1~:~3 ~:3.111 <16 ~"8:3z;' ~ o'!I! » 0 o::!z..,~ "T1~O-"~ Z<fcn-c~ ~~~~g .þ.~»mo o::U" :¡:o'- :::::u Nm ocn "cn 10 DO ¡I I II f ¡ à § ~ ! '<l'::'i> .. i ~ .! ~ Ì ~ ~ ~ ~ ~ .. ~ . ~ ~ "1:: ~ o :;tJ "U OJ .., n CD U) ~ rJ1 ( Dctails Page I of I Folio No.11 00415520007 Map II - Current Ownership Property Addressll NO SITE ADDRESS Map No. 5813 I I I I I Zipll 33901 - 3054 I I I " Strap No. I "502613041.00058131 Owner Namell GRAVINA TR, PETER J Addresses I AGREEMENT TRUST I UTD 3/28/05 ! 1833 HENDRY ST City II FORT MYERS II State II Fl lega' 113-50-26 W1/2 OF NW1/4 OF I NE1/4 OF NE1/4 Section II Township ~ Range II Acres 13 II 50 II 26 II 5 Sub No. I 100 CREAGE HEADER ..IèJ USe Code I 99 NON-AGRICUl ruRAL ACREAGE II II -t Millage Area 1 -t Millage 13.7153 2005 Preliminary Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll I land Value II $ 42,500.00 II Date II U+) Improved Value II $ 0.00 II 06/2005 II L!1/1998 II Latest Sales History 800k - Page 3823 - 1438 2479 _-800 Amount I $ 125,000.00 I $ 15,000.00 I (=) Market Value $ 42,500.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 42,500.00 (-j Homestead and other Exempt Value $ 0.00 I (=) Taxable Value "$ 42,500.00 I SOH ~ "Save Our Homes" exempt value due to cap on assessment increases -- The Information is Updated Weekly. ,::,1 !ierapl2!·aiser.cl111l'Rí.:.cordn¡> :) ¡I ;]<;n:)Eo.LiclÜ=,ÜCI1)(){)(){)! 1 "ìûOD2 ~ n 1""'\ .. I,.....r.. r'I. - _.,..__ 'i--: :4: 22 ?A.X 941 ·181 6281 APTIC PI' MYERS 141004 375aH6 &U 613 .t~~! 714 RFCI'P '.n O".C .\l' . .. ;OOIl COU'l ~ ' . , ì :uo.. DEED maðe tni. Harch 3, 1975 by Mat ~ 9 4$ AM '7~ B~RRON COLLIER, JR., and IS^BEL COüLII~ READ (h.~.in.tt_r Qal1.d ~. ~r.ntor.), wholo post office addr... M"hC/,~ ~ . I. $CIITt CUftll ()I ,:.ltcUI1 CClUAT 1. 3003 Nor~~ T&miami Trlil, Hapl.', rlorida, jointtd by MARCUERI'l'E R. COLLIER, the wire of Barron Col11er, Jr., and WILI.lfIM 11. REI\D, JR., the hUlband of Isabel Collier Read (h~reinafter called the spouses) to COWRY CORPORATION, a Florida corporation (hereina~te~ 0&1104 ~. ~rantee), whoso post office addreaa ia 3GS ~ifth Avenue south, Naples, Florida. NIT N E SSE T H r --..--....---- The Grantorland the spouse., in consideration at the .um of ~e Rund~ed Dollar. And other ~ocð and valuable conl1aeration, the receipt whereof i8 he~_Oy acknowledged, hereby grant, bargAin, .ell, r.leaae And aanqey to the Grantee, itø8ucee.8orø and aS8iinB forever, the fallowinq described lands (hereinafter called laid land.), situate, lyinq and being in Collier Coun~y, St~te of Floridat Tovnlhip SO south, !tang. 27 ßaat. De.cription All excep~ road right.- ot-way fo% eta u ROad 84 (Al11qA~r Alley> A1~, except %oad ~ight.-of-w.y tor Bt.a~ Read 84 ml, In.tr~nt WI' prepared by Harold S. Lynton, Attorney .t L~ ~o,. .ddroll II 100 P.rk Avenue, New York. Mew York 10011 . - seotion 2 J .. ,. ~. '. It ~J 10/04/2005 14:23 FAX 941 481 6281 APTIC FI' HYERS ~005 IU 613 mt 115 10 11 15 1.7 20 21 22 23 29 1\11 AU All AU All All All ~u. AU T~.hlÞ 50 So~th, Ran~. 21 E&.~ Section De.criøtiOft 24 All Town.bi,;» 51 South. Ranqe 28 Ea.~ Section D..cription 35 Alt TOGETHER with any and all right. t1tlo' and intar..t ot the Granter. anc:! the spou..' in and to any anð .1.1 iJftprcwe- men~. on or to ..115 land., '1'aGE'l'HER with all "..nement.a, herecU. t,alMnt:. aDd apøurt:enanoe. and all riqhte, pow.~., prlvi1a9.., t1~1.., . .' int..rests, a.tatall, dower, curte~ a~d right- Of cScw.r and . curt..y, reversion., r.maind.r.. .a.emente and riparian right:. ~\.ret:o belonqinq or 1n any wi.. appert:aininq. TO HAVE AND '.00 HOUJ '1'KI SAME in fee 81..18 for:.~r. SUBJECT, however, t:.o the tol1c:nfinc¡ wi.1:b. rellpect to the oil, qas anel minoral. in. wader aad e.bat. may be produC4Þd 'frOlD .0115 lande. The Qr&ftt:oZ'. berq .; (c.pt. tZ'Oll t:hb deë and oony.yaoe, and. h.~ ~II~ and ret=a1Þ. to 1::I1..01ve... th.", bêú.. .uce...or. aM ...1r¡n., -2-' ." 10/04/2005 14:23 FAX 941 481 6281 APTIC Fr MYERS IãJ006 IU 613 t~1.i '/10 .w.olU~Gly and forever all of the intet'oftt. nnd ~er.hip at the Grantors, a~ the tiMe of thei· execution of thi. deed, 1" the oil, ~e" anù rnino~al. in, under and that may bo produced from lIa14 lands. 'the Gron~or., thei.r he1J:'1I, lIucce..ors and assigns, .s owners of such oil, qa. And ~in8r.lø in~eres~ uhall no~, without the written consen~ of the Grantee, its succes.ors or assign., all QWners of the surface of said lan4., have any ri~hts, powers or privil.~e. ~o mine, produce or extrAct Any oil, 90S or minerolA lyinq le.. than one hundred twenty-five feet below the presont surface of said land., the Gran~e, its succe..ors and ...iqn., .. .uch surface owners, in connection with and incident to any use, construction or ~provemant. by ~.m o~ or on tho ·.urfAce of ..id lands may, without the con.ent of the Crantor8, their heirs, auccessors or ...ic¡rn. (and auÞjeot only .- Ciny .iqht.. of oths~. than the Grant.ors, their heirs, Bucoe..or. or ...iqn.), displace, ·oon.ume, use or de.troy any oil, ~.. or mineral. ~yinq. 1... than one hundred twenty-five teet below the pre.e"t. .urfaoe of ..id landef but. nothinQ oontained in the prec.din~ 01AU... ot this sentence .hall b. con.~r~.d ~ limit or impair any' riqht.a, power. or priv1leqe. of the O~.nt.or., ~eir heirs, .ucc..sors and .s.iqn., .s owners of .uch oil, q.. and sniner.:ta int.erest, and the Grant.or., their heir., .ucce.80~' and a..iqns, .. .~ch owner- .hall have the tull dqhta, pcwer. and pr1viloqu, -3- 10/04/2005 14:23 FAX 941 481 6281 APT I C Fr HYERS IaJ 007 tU. 613 t~l.t 717 1:0 min., p&'04uce and .xtl:aot. any 011. qa. or min.&,ala lyin9 one hunð~4 ~n~y-five t.., a&' snore belOll the pr...nt .udac. of ..14 land.. Such r1qb~a, powe~' and p&'iv11eqe1 of the C&'anco&'., ~.1~ b.i~., ~cce'ICC' and ...i;n., .ball. wicbout UJlli~tlon, 1DClu4e, in ;t"~c~ of .aieS land., aU. tho.e rea.oTUlbly ~cSr...ac! to 1nve.t.lqatinq, explod.l\C), prO Dp8CUng , d2:1111nq ana. u:uact1nQ oil,. 9.' and .i".&,a1. but ahall Dot extencS to an~1D9 ~at. WQuleS wsJ.'aa.oftably 1nterte&'e with 1:he 1:hen c:nu:r.nt. ~aé by tb. C&'Dntáe, i~ .ucc...or. or ...19ft., or th~ .urfac:. ot ..ieS lanð.. SUBJECT ~o t:o any vaU.ð &-!.qhta-of·"ay, .......nt., r..tr1Ct.1.on. and r...:r.raUonJI that are at It'.cor4 OJ.' ~.t. an 1Mp8cd.on would dbc10... 1ncluc!1n9. wit.hout. l.uu ~t1on. t.hc.. for roaeSø. public utilit.1... ÞOrZ'ow pita, outfall ditche. and drainaqe. '. BU8J!X:'1' 1oL80 to the lDOZ'1:c¡aq. 1ntenc!e4 t:o ~ N4. by t:he Grant.. a. IIIOrtc¡aqor to Colli.r-Read CClllpany .. mor'Þ;a9..' \J.neS.J.' ~. 4au of tM.. De.d and inten4ed to be reQo&-ded .imul~"ou.ly M&'1IW1th UlDnq the PUblic R,eaorda of COlli.r CO\1nt.y, Flo:!d., iA ~. px-inoipal *UII of Biqh1; HundJ.'.d S1xty-Ofte ~ou.an4 ('1'1,000) Dollare with intaZ'..t at t:h. rat. of Uw (5') PI:C.I11; pel: annum. '!'he apou... have .xec:rutad thi. dee4 IJOlely foZ' the purpo.. of conveying and Z'.11nquilhing any of theiJ:' riqht., -4- ..;:;;:3 FAX 941 481 6281 APTIe FT MYERS Ul613 ,.~u 118 titlos And 1"tc~08t., incl~åln9' without limi~at1on. dowor And ~rt.sy, i~ said lands and thei~ 4ppu~tGn.nca., IN WITNESS 1fHt:RCOP, ~. Grantor. and t:he SpcUII.S hava hereunto .a~.~.ir han~ and ..al. tho day and year first Above mentioned. Signed, se410d And Delive~oð in our pre..nce. 4 ~ ~ ~ ~. ~~-. I I~ JA~.r .. o~J. er (SEAL) wk~~ ~~~rf (SEAL) .. ... - f4J008 .... r:r. ... ,.., ¡;~ ..., .... ...,.: on a ,.., ." 'CO " -5- 10/04/2005 14:23 FAX 941 481 6281 APTI C Fl' MYERS ~009 iU 6'13 ~~L. . "'/19 ST~TE OF FLOR%D1\ COUNTY OF COLLIr.R SS,t ThQ undersigned ~ereby certitio. that S~ON COLLIr.n, ~t., ~~Gu~nI~E n. COLLl~P, tS^nF,~ COLLI£R RI:AC and WJ: ~LI N! 1\ . 1\FJ\L), .:rn.., to me kneWn and known to 11\0 to be the per50~. described in and who "xocutcd the ~or.- going Deed, personally appeared batore ~e this day and acknowledged thAt ~øy executed ~he same. In WIT'ZU:SS W1t~RF.OF, I have hereunto .et. my banå and official .lIIa1 t:hJ.s 3rd day ot Ha:ch 1975. , <: ?I -ü( c".- ~ ~ (1,.... ~~;..{ Notary PU!)l!C ~ ~ .... ., ,..., ..~ --.;,;" ._..".. rI. " '-It ., .....Ñ40~ ~. 0.>" It, 'fl' , ~ ......,'1' :.. .,.·...,1. .:..... ..... -"'.' . ...'.... . . , . . ~ DOCUMENTARY:: ~ SURTAXª.~j \988., 0 0l~::~ - - ... ,; :: '" ..~ ~..Þ. .:- ." ~ß ÞIt - DOCUMENTARY ª SUR TAX;:: \: 8 2. 8 5\1 ............ .. ottWwI .....,.. .... .. "'ur- 1:_1'\', n.Oll4I1" ....."'...."'n ... 1ICGft' -..-- EXHIBIT "A" : [L j: THE SOUTHWEST ~~ OF THE SOUTHEAST ~ OF THE SOUTHWEST ~ IN -¡ON 20, TOWNSHIP 50 SOUTH, RANGE 27 EAST OF COLLIER COUNTY, .f<.fDA: ,¡ETHER WITH, ?CEL 2: THE EAST Yz OF THE NORTHWEST ~ OF THE SOUTHEAST ~ OF THE THEAST ~~ OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER ,::"iTY, FLORlDA; ¡:-::THER WITH, :~( 'EL 3: THE WEST Yz OF THE NORTHEAST ~ OF THE SOUTHEAST ~ OF THE ïHEAST ~ OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 27 EAST OF COLLIER ,";TY, FLORIDA; ETHER WITH, < ·EL.+: THE EAST Yz OF THE SOUTHEAST ~ OF THE SOUT] lEAST ~ OF THE i-I fEAST ~ OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 27 EAST OF COLLIER .';T'Y, FLORIDA.; :TI-fER WITH, ::L 5: THE WEST 1/2 OF THE SOUTHEAST ~ OF THE SOUTHEAST ~ OF THE ¡ fE.\ST ~ OF SECTION 12, TOWNSHIP 50, RANGE 26 EAST OF COLLIER '\TV, FLORfDA; . :¡ fER WITH U. ö: THE SOUTHEAST ~ OF THE NORTHEAST ~~ OF THE NORTHEAST ~/I OF -'{y\¡ ] 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, /:DA: 'il fER WITH, :L 7: THE EAST Yz OF THE SOUTHWEST ~~ OF THE NORTHEAST ~ OF THE ¡lEAST ~'4 OF SECTION 13, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER ¡-'{, FLORIDA: IER WITH, ':.3: THE EAST Yz OF THE NORTHWEST Y.t OF THE NORTHWEST ~ OF THE EAST "I OF SECTION 13, TO\VNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER "", FLORIDA: ..,.._--'""-'"..---.,.~-~ ~,._'_._-----,_... TOGETHER WITH, PARCEL 9: THE WEST Y2 OF THE NORTHWEST 1;4 OF THE NORTHEAST 1;4 OF THE NORTHEAST 114 OF SECTION 13, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 10: THE NORTHWEST 1;4 OF THE SOUTHEAST 1;4 OF THE SOUTHEAST 1;4 OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL II: THE SOUTHWEST 1;4 OF THE SOUTHEAST 1;4 OF THE SOUTHEAST 1;4 OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA. PAVESE LAWFIRM CHARLES MANN (239) 336-6242 E-mail: CharIesMann@paveseIaw.com 1833 HENDRY STREET, FORT MYERS, FI.ORIDA 33901 I P.O. DRAWER 1507, FORT MYERS, FLORIDA 33902-1507 I (239/334-2195 FAX (239/332-2243 October 5, 2005 Collier County Board of County Commissioners 3301 Tamiami Trail, E Naples, FL 341 12 RE: Application by U.S. Home Corporation for Severance of Transfer of Development Rights Dear Sir/Madam: This letter is being written pursuant to the above referenced application for the Severance of Transfer of Development Rights. I am writing this letter on behalf of U.S. Home Corporation, the current owner of the sending lands (the "Property"). A legal description of the Property is attached to this letter as Exhibit "A". Please be advised that I have reviewed pertinent title policies for the Property, which policies are referenced by Ticor Title Insurance Company of Florida Policy No. 71 ! 0609-43269, effective June 16,2005 and Policy No. 7110609-4788, effective January 20,2005. I have also reviewed a title search of the property from January 20, 2005 to August 24. 2005 and examined affidavits from the Owner for the period from August 24, 2005 through September 12,2005. The above referenced documents revealed that there has been no prior severance ofTDR credits from the property and that the property is not subject to any conservation easement, deed restrictions or any other restrictions, easement. item or covenant that prohibits residential development, however, there is no insured right of access to the Property and Parcel IOÎÌ'!at~d Exhibit A is subject to oil, gas and mineral reservations, as recorded in Offièial ij'7èÓrls ok 613, at Page 714, of the Public Records of Collier County, Florida, a CZp /of,rhi is attached to this letter. Si~1 rely ,I CM/mjc Enclosure cc: Client -+633 S. DEL PR.~DO BLVD. C.'.:'~·~ C,,.'RAL, Ft::.R!D.-\ ,~)?04 ~ = ~,i '::.: , _. " 1850l MURDOCK CIRCLE ""':iT 1':i.\RWITE. FLORIDA 33948 J.l ; ~5': -.\005 4524 GUN CLUB ROAD WEST PALM BEACH, FI.ORlDA 33415 (561) 471-1366 .~-~,,,-""',- " 461 S. MAIN STREET LABELLE, rWRJDA 33935 .. J§2:iL~º-º-- . *** OR: 3903 PG: 3089 t*t .~ 'i5~ï43 Agent File Number: FL80S047. EXHIBIT "A" ::;1 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township SO South, Range 26 East ' ::~, Flo rida. .t 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township SO South, Range 26 East :". Florida. iH~ Southwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 50 South, = Jilier County, Florida. c!]c Southwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 50 South, . ¡Wer County, Florida. ,"t: Northeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, iller County, Florida. ,.: 'iortheast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township SO South, :l:~ ':':-,)unty, Florida. \ì . { \/ Reta: PAVlSI LAIi lIRlf P 0 BOI 1507 FT IIJlRS 1£ 33902 1m Return 10 P<Icr J. Gravina. Esquire Name. Pavtst. Hovtrficld. d aJ Address COUl1house 80>: 8 3710440 OR:· 3903 PG: 3088 RlCORDID in the 01PICrAL mORDS of COLmR COOJIfT. 1£ 1OI000ZODS at 02:0m DVlGI!T I. BROCI. CLlRC This ·/\Strum"". was prt¡>an:d by: PC1a J. Gravina. Esquire Name PAVESE LA W FIRM Address Be 111 DOC-,70 IUO .70 18JJ Headry Stre« rost orner O.....r 1501 fORT MYERS, FLORIDA JJ902 ~~:No.:OO~ 12IZPOC>2.j 604 ~'7('(O:)S Do 4 \ 3ì Z.Cb)o3· DO'" I Z. V C1XX::Þ~j boLl I 552.0007 j 064 '-I~0000~} 004''-Í~~~ì', OÓ4Ib04b::x:r7~ 00 o..ll 3tø t{ 0:::02', C:X:>'-f':2 0'8 DCO 3 GranICc 5.5. No. 0ran1Cc 5.S. No. THIS INDENTURE WMrn..r _d Ñ!nin. tJw ""'" "party" slrð// Inc/UtÚ tJw Ñ!¡,.s, P.'StJn41 nprnerrlat~s. SUCUUOI'3 andIar lWigru oftJw rnpectlN parties Ñ!""to; tÑ! IUe of tJw 3i1r,..larllllmbe, shail illclUtÚ tÑ! plural. and tJw pluraltÑ! S'",..Jar: tÑ! IUe of any gelUie, slrð// illcl""" aU genders; and. if uud, tÑ! Ie"" "Mte" 3ha// Inc/UtÚ all tJw IIOIU Ñ!"tn tkscribed if _than aM. Made this ~ day of .:s;, fJ. ~ , 2005, Between, Peter J. GraviDa, Trustee uDder Trust AgreemeDt datéd the 281- day of March, 2005, whose post office address is 1833 Hendry SlTeet, Fort Myers, Florida 33901, party of the first part, and U.S. Home COrporatioD, a Delaware COrporatioD, whose poSI office address is 10481 Six Mile Cypress Parkway, Fort Myers, Florida 33912, party of the second pan, Witnesseth that said party of the first part, for and in consideration of the sum ofTEN AND NO/tOO DOLLARs, in hand paid by said party of the second part, the receipt whereof is hereby these presents does remise, release and . terest claim and demand which the ~ ituate, lying and being in Collier See attached E To Have and to si ~ the appurtenances thereunto , t and claim whatsoever of the nefit and behoof of the said s,#'L/J/:£- l ~j Printed name of Witness # I ~~. ~Af~ Witness #2 J<Cf\d~ GO. K ~/....~ Printed name of Witness (Seal) STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me is ..IJ. day of \::'; -vi . 2005. by PETER J. GRA VINA. TRUSTEE. who is personally known t me and who did no! !a~ Notary í \ \1y Cùmr::llssìon LxpIres -"-'~._,~-,--~- "'" ",,- ~ I OenfJv (."f . .", Comm....O<1 D0Jö8215 '":".".~,::.:.'~..,,, 'J;'" . "-"':-iI ;:J'" @ - '" - ü 0 0 ::::: ,... 3 () g ~ ~. Ü r/J () n 0 c: 0 '" - .:<: (D" "U Ò .., 'tJ ~ eo Ü ;:¡ '< ü » .., 'tJ ~ 'tJ c¡:- õJ (1) ¡¡;. .., ~ n ~ 0 3 iÐ ........ 5' ~ eo (1) () 0-' g 3 ~. ~ () ü 0 ........ c: 3 '" .:<: ~ "U Ü Ò Ü 'tJ :!. eo ;:¡ ::s '< ~ » 'tJ ~ õ''tJ r/J ~ õJ Ü :;: (ñ" >< eo~ .--J 0. _. :::. 0>'" =. 5)8 (1) ""3 II ~3 !!!.;:::;: -ì "'- . eo U _.0. Cñõ ;;0 ~~ ~ .CD 0 0 0.5· t....J ~O. 0 ;:::;: S' ~ "'<0 ~ :f g: .., iDeo () -<33 (1) ~ 0 ~'" ~ 0>- :-. Q) 0 00 N '" 0 0 c: õJ - iD 0 Ro 0> '" 0. 0 c: ::L "? () Õ ::s a. .- 0> II iD r- 5 >- õ' Z 3 U ~ õ If¡ .'" n '" 0 » ~ ~ ~ m õJ Ro ~ ñ, ü '" eo ~ )( Ü 'tJ (1) ¡¡¡ .., '" II '" eo r- 0. m Q -ì 3 -ì "!2. ¡;; m 0. ;;0 0> ¡¡¡ 'tJ Ò < 00 ë. eo ........ 0. N . :;. ........ N 0 0 VI -f o ;;C -c OJ .., n ([) ~ o "'Dor-cnzó' G) "TIc! 5' 1113 = NUllllèiiCDO ~~-~"z ~å llG)c onz~ä. "TI ::2.111 < CD UI'gi z:1 ~g".»g ~.. Z-i~ .....O;t!N ÔNUI"-o..... » g -im- ~ t:5 (")N -'0 OCJ)>mo O;t!N ;t!ZOL .....~;t! ()).....m ~:Þ:en en DO f f f ª ! n ~ ~ '. ~ J () .." ~ 8 -< ~ " ¡: f '" 8 .... - Q; ~ :'t c:: Ì :3 '" .! ~ ~ (JC¡ (1) o ...... N '·-""_.e -"-.'-~~"" ...., f)ctaiJs Page 1 of 1 -- Current Ownership Folio No·JL 00412120002 Map 11 Property Address!) NO SITE ADDRESS Owner Name]f GRAVINA TR, PETER J Addresses I AGREEMENT TRUST I UTD 3/28/05 ·1833 HENDRY ST I City FORT MYERS H State II FL 1[ Zip]) 33901 - 3054 I legal 125026 NW1/4 OF SE1/4 OF SE1/4 10 AC OR 1805 PG 227 Section 12 Map No. 5812 Township 50 Range 26 Acres 10 If Strap No. , 1502612006.0015812 I Sub No. "''èJ U:seCQc!e 100 99 ACREAGE HEADER NON-AGRICUl TURAl ACREAGE -1; MU/ªge_Area Il 1 ]1 -1; MÏlli!ID! 13.7153 2005 Preliminary Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History Land Value $ 85,000.00 (+) Improved Value $ 0.00 (=) Market Value $ 85,000.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 85,000.00 (-) Homestead and other Exempt Value $ 0.00 1/ I ( 800k - Page 3823 - 1434 1805- 227 Amount I $ 500,000.00 $ 56,000.00 I ¡ (=) Taxable Value J[ $ 85,000.00 I SOH = '·Save OUf Homes" exempt value due to cap on assessment increases. - The Information is Updated Weekly. \\\\.co¡lierappraisercO~11¡RccordDda¡L~Lc;D?rolioID=00000Q04]" 1 "OOm" \In.' l'llìlì';: .. 14: 22 FAX 941181 6281 APTIC FT MYERS 141004 375~;H6 au 613 .t~L¡ 714 ~F(:I'Ø '.rl O,"C "I' . .. - 1 OO~ COU'l ' . . ¡:UCA DEED made this Harch J, 1975 by Mal § 9 14 S aM ·7~ a~RRON COLLrE~, JR., And 18^!£tCOLL%E~ R!^D ".hC/.~; ~ . L $COTT CU ll~ 0' ~ kC\lr1 tau'" (h.r.inatt..r o&11.d t;,he C1rantor.), "haao poet cHice addr... i. 3003 North Taml.m1 Tra11, Maplea, rlarida, jo1n~ by MARCU£RITE R, COLLIER, the wife ot Barron Col11er, Jr., And W:CUIM 11. REM, JR., the hl.1.band of Isabel Callier Reað (hereinafter called the spou~.s) to COWRY COR~ORATION, a Florida corporation {hereina~ter oa11e4 ~. r.rantee), whose post ot!i~e addraaa ia 365 ~1!th Avenue South, Napl.., Florida. !!!!~;'~!!!!!I The Grantors and the Spouse., 1n consideration at the eum of one Hundred Dollars and other ~ocd and valuablo cana1deration, the receipt whereot 18 he~.Oy acknowledged, hereby qrant, Qarqa1n, .ell, relea.. And aonvey to the Grantee, its aucee..ore and a.ai~nB forever, the tollowinq do scribed lAnd. (hereinafter called .aid land.), situate, lyinq 4n~ being in Collier Caun~y, St~te of Floriða. Tovnlhip SO South, Range 27 Eaøt.. De.cription All except road riqht- ot-way tor State Read s. (AlliqA~r Alley> A1~, exc.pt road riqht-of~ay for 8U~ Road 84 Tnll nstr~nt W.. prepared by H.rQld S. Lynton, Attorney at L~ ~Ol. .¿droll I. 100 Park Av~u., New York, New York IQ017 . - sect.ion 2 3 "' d4ltJ 10/04/2005 14:23 FAX 941 481 6281 APTI C Fl' HYERS ~005 III 613 "ALl 715 10 11 1S 11 20 21 22 :u 29 AU AU 1\3.1 All All All All All AU ~own.h1~ 50 South~ Ran~e 28 £Aet Section De.cr1~tion 24 All Town.hip 51 South, RaM. 28 East: Section O.ecr1Ption 35 Alt TOGETHER with any and all r1qht, ~1~10 anð 1nte~..~ ot the Gran~r. and tho Spou.e. in and to any an4 -11 tmprovo- m.nt. on or to .a1d land., 'l'C.'X'Œ'1'HER \It i t.h all ~nemont., herecu'1:.II.IMnt.. and apøur~nanoe. and all r19ht.., pow.~., priv11eq.., t1~l.., 1nt.r~stÐ, a.tat.d, dower, curtesy .~d r1qht. Of ðow.r .nd . curt..y, reversion., r.mainder., ...ement. and riparian riqht. t.bereto belonq1nq or 1n IIIny v1.. appert:a1ninq. '1'0 HAVE AND TO HOLD THE SAME in te. el~le forever. SUBJECT, however, to the fol1cnfin9 with rellpOClt to the 011, 9'ae and mineralo in, under and ehat. zaay be produced t%'Olll ..:1.15 lands. 1'he OrUWr. Ml'aby uaept. ~~ t.hb d..s and oonvoyuoe, and. b.~ 1:e-4IZ'WI and reb1.Þ to 1:.h__ol"'~, their buo.. 1I110Cl...0I'. aa4 ...191'1-., -2-' ." lO/'HI2005 14: 23 FAX 941 481 6281 APTIC F1' MYERS 141006 IU 613 ~~t.i 'llB Ab801ui:aly and forever all of the lntertult And ~.r.hip ot the Grantors, at the time of th.i~ &xocut1on ot this deed, i" the oil, ~aft anû ~inorals in. under and that may bo produced trom said lands. The Gral'l~or., their heh"., succe..ors anó 588i9"8, .. owne~8 of such oil, q.. and minerals interest Dhall not, ~1thout tho ~i~ten consent ot the Gran~eø, its successors or assigns, a8 owners of the surface of said lands, have Any ri~~ts, powers or privil.~.. to mine, produce or extract Any 011, 9as or mineralø lyinq le.. than one hundred twenty-five feet below the present .urtac~ of 8~id land., tho Grantee, its 8ucce.sors and a..iqn., .ø .uch surface owner., in connectiQ~ with and incident to any u.e, construction or 1mprovemcnts by them o~ or on tho 'surface of .aid lands may, without the cQn..n~ of the Gr.n~or.. their heirs, 8uccee.ors or ...i.~. (and auÞject only +- Any ::i'iJht:. ot oth.ra than the Gr.n~or., their heirs, Bucce..or. or ...iqn.), diaplaee, "con.ume. Use or de.troy any oil, ~.. or mineral. ~yinq" 18.8 than one hundred twenty-five feet below the pre.ent. .urfaoe ot .aid landSf but nothinQ conteined in the precedin~ olau... ot this sentence shall be con.~r~.d ~ limit or impair any rights, power. or prLvileq.. of the Gr.ntor_, their heir., .ucc...o=. and a..19ft., as owners of .uch oil, qA. And min.rals int.er.st, and the Crantor., t:heir heir., BUcce..ora and ...igne, .. .~ch owner. ahall hAve the full :iqhte, power. anð pr1viloqe., -3- "^....._.,~..~...;..'-<-, 10/04/2005 14:23 FAX 941 481 6281 APT I C F1' MYERS ~007 IU 613 fM.r 717 ~ min., p~oduc. and .xt~.oe any oil, ,a. or mineral. lyinq one hun4r.4 ~ft~y-tlve t.e. or 1IOr. below the pI'...nt ,urflc. of ..14 land.. Suoh r1qh~" power. and privilege. of the Cr.n~r., t:he1r h.ir., INcce..or. and ...191'" .hal1, without lim! ~t.1on, bølu4e, in r..plot. of .aid land., all tho.. r...onably ~4r....d to 1nve.e.t.qatlng, .xplod.n9. proDpec~in9, 4:1111119 anc1 exer:actinq 011,. 91' and min.ral. but ahal1 not .xtend ta an~in9 eba~ would unr.a.onably interfere wl~ ~. ehen cu~r:.ne u.. by the C:anta., it. .ucc...or. or: ...19ft., of th~ .urtac. ot ..id land.. SUBJECT ALSO to any valið :i9hta-ot-..y, ......nt., r..tt1ce1cna ond Z'e.el:Yat:1on. t:hat are ot Z:OllGor4 or Chae an ·inlpect:ion 1tIOuld (U.clo.., inclu41ft9, wi~boue lLmJ ut:1on, 1:bo.. ~or roadø, public utUit1e., borrow pita, out:fall cUt:oh.. .nd drainaqe. sua.n:cr ALSO t.o ~. mor:tqage 1fttande4 to be M4. by the Grant:.. A' morqAqo: to Colli.r-Read CClllpany. a. mor1:9'aq.., u.nd.r th. dau of th.1I De.d and inten4ed ~ be reQClrd.d aimult&nMo\l.ly hIIrwith -..on9 th. PUbU.o ReCJO%'d. or CClU.r COunty, Plod-d., in tile pJ:'f.no:&.pal .. of B.iqh~ Hundr.d Sixty-one ~ou.an4 ('8&1,000) Dollar. with tnte:e.~ at the rate o~ five (5.) percent pe~ annUlI. The spou... hAy. ex.cuted thb deed 801.1y for the puz:opo.. of conv.yinc¡ &ftd r.U.nqulahtnq any of ebeizo r1qht;., -4- -~""'~"-"--'" ... _4:23 ~~l 941 481 G231 APTIC FT MYERS U~ 613 ~~L; 118 t1tloB And in~~ro8t., incl~din~, without limitðt1on, dower and ~rt.BY, 1~ uid landS and their QppU~tðn.T'lCOl. IN WITNESS WHERCOP, the orantor. and the Spouses havQ h.reunto .at~.ir hands and .eal. tho day and year first Abovo mentioned. Signed, sealed And Delive~Qð in our pre..nc.. 4L~~' ,/ . / J ,,"'/<.'. ~ ''''''j' 'j ,/("/ll( J ~ ~ 11 ~ ~. _"-- I ~.JIftI...j ~er '. tf.l eJ:' (SEAL) f " . c:::;.. tlfi!lí~ Ä. it.~r (SEAL) roo ........ I .... ¡~~.~; ""'I'n - = I,~·,~ l4Joos - r:r. ... r:' .... ~t" v, ...;,,¡ .... a co ..... ..> 041 ... c:» ..5- 10/04/2005 14:23 FAX 941 481 6281 APTIC FT MYERS 141009 iU 613 ~~~t . 71S ST~T£ OF FLORXD~ COUN7Y OF COLLIf,R 55.2 Tho undersigned ~ereby oertitioa tha~ BJl.RRON COLLlr.n, Jtt., Hl\R('jU1::nI"1'E n. COLI.%£fJ, tS1\l1Z::¡" CO¡"LIJ::R RI:AD and WtLLINt 1\. 1\F.J\L), .:tR., UI me knoWn and known t:o 1"0 to be the poroon8 described in and who nxocuted the fore- going Deed, pe~sonally appeared bafore ~. this day and acknowledged that tÞøy executed the S~a IU WITHf:SS WlIJ::Rr.OF, I have b.1'eun~o .et my band a"d official 8C1al t:hJ.s 3rd day of Ma2:'ch 1915. ",~" '. 'J{ .ú i 4·.- ;;, ~ {i,-,.. ~.L"r{ Notary PUÞl!c ~....,~ ~ ...."., ~ .. c.,. .., ........~ . Ot, ~. r". f1.o , ~ ......."" :.. ,,··..'1, ;" .. "",::.,, " " . I o .. . . .... ..' ..~ ,., .-. . . .~ ~~r.- 'ø ...... -ø DOCUMENTARY Ë "~ SUR TAX = .; 10 Q ð. n n' a .;.Î ~ª':~ . , "0 DOCUMENTARY::: SURTAX§ \~ 8 2. 8 5 \ ; . ............ .. Ofl..... .....,.. .... .. co.. Llr. cov....,. ,tDIIt. "AAO"An T, """ -..-- EXHIBIT "A" PARCEL ¡: THE SOUTHWEST V4 OF THE SOUTHEAST V4 OF THE SOUTHWEST V4 IN SECTION 10, TOWNSHIP 50 SOUTH, RANGE 27 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 2: THE EAST ~ OF THE NORTHWEST V4 OF THE SOUTHEAST Y-i OF THE SOUTHEAST Vt OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 3: THE WEST ~ OF THE NORTHEAST V4 OF THE SOUTHEAST Y-i OF THE SOUTHEAST ;~ OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 27 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 4: THE EAST ~ OF THE SOUTHEAST V4 OF THE SOUTHEAST V4 OF THE SOUTHEAST 1,'4 OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 27 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH. PARCEL 5: THE WEST 1/2 OF THE SOUTHEAST V4 OF THE SOUTHEAST Y-i OF THE SOUTHEAST ;'4 OF SECTION 12, TOWNSHIP 50, RANGE 26 EAST OF COLLIER COUNTY, fLORIDA; TOGETHER WITH PARCEL 6: THE SOUTHEAST Vt OF THE NORTHEAST Y-i OF THE NORTHEAST V4 OF SECTION 13. TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA: TOGETHER WITH, PARCEL 7: THE EAST 1,12 OF THE SOUTHWEST Ij.¡ OF THE NORTHEAST Y-i OF THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER \VITI'I, PARCEL 8: THE EAST ~ OF THE NORTHWEST Y4 OF THE NORTHWEST Y-i OF THE NORTHEAST 14 OF SECTION 13, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY. fLORIDA: TOGETHER WITH, PARCEL 9: THE WEST Y2 OF THE NORTHWEST y.. OF THE NORTHEAST y.. OF THE NORTHEAST y.. OF SECTION 13, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 10: THE NORTHWEST y.. OF THE SOUTHEAST y.. OF THE SOUTHEAST y.. OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL II: THE SOUTHWEST y.. OF THE SOUTHEAST y.. OF THE SOUTHEAST y.. OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA. ~ ~~L\VESE - 'TV FIRM L..i~V CHARLES MANN (239) 336-6242 E-mail: CharlcsMann@paveselaw.com ';'D,Y STREET, FORT MYERS, FLORIDA 33901 I P.O. DRAWER 1507, FORT MYERS, FLORIDA 33902·1507 (239) 334-2195 I FAX (2391332-2243 October 5, 2005 CoJlier County Board of County Commissioners 330 I Tamiami Trail. E Naples, FL 34112 RE: Application by U.S. Home Corporation for Severance of Transfer of Development Rights Dear Sir/Madam: This letter is being written pursuant to the above referenced application for the Severance of Transfer of Development Rights. I am writing this letter on behalf of U.S. Home Corporation, the current owner of the sending lands (the "Property"). A legal oÌescription of the Property is attached to this letter as Exhibit "A". Please be advised that I have reviewed pertinent title policies for the Property, '\hich policies are referenced by Ticor Title Insurance Company of Florida Policy No. n ]0609-43269, effective June 16,2005 and Policy No. 7110609-4788, effective January ~O. 1005. I have also reviewed a title search of the property from January 20, 2005 to \ugust 24, 2005 and examined affidavits from the Owner for the period from August 24, ~005 through September 12,2005. The above referenced documents revealed that there :1<1S been no prior severance ofTDR credits from the property and that the property is not ubjèct to any conservation easement, deed restrictions or any other restrictions, -~ISèment. item or covenant that prohibits residential development, however, there is no ¡ I1surcd right of access to the Property and Parcel I Ofi',:att?c1j:èd Exhibit A is subject to oil, ,ps and mineral reservations, as recorded in Official ~yCór~s ok 613, at Page 714, of he Public Records of Collier County, Florida, a CZP, /ot/hi is attached to this letter, Sinj rely/I 'I .\1/mjc :h':!\)SUre Client 8L\0. '']:.n4 18501 MURDOCK CIRCLE PORT CHARLOTIE, FLORIDA 33948 (9411 255-300;; 4524 GUN CLUB ROAD WEST PALM BEACH, FLORIDA 33415 (5611 471-ì366 461 S. MAIN STREET LABELLE, F'LORlúA 33'135 1863: iii ,),',(1r) *t* OR: 3903 PG: 3089 tit Plant File Number: 05-4743 Agent File Number: F1.80504 7. EXHIBIT "A" PARCEL 1 The Northwest 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 Sou~ Range 26 East Collier County, Florida. PARCEL 2 The Southwest 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, Range 26 East Collier County, Florida. PARCEL 3 The East 1/2 of the Southeast 1/4 of the Sou Range 26 East, Collier County, Florida. ~\;1.£ 0° the st 1/4 of Section 12, Township 50 South~ PARCEL 4 The West 1/2 of the Southeast 1/4 f t Range 26 East, Collier County, Flo 'd .. ARCEL 5 The West 1/2 of the Northwest II 61. Range 26 East, Collier County, Flo PARCEL 6 ~"'f The East 1/2 of the Northwest 1/4 of th Range 26 East, Collier County, Florida. t 1/4 of Section 13, Township 50 South, heast 1/4 of Section 13, Township 50 South, PARCEL 7 The East 1/2 of the Southwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 50 South, Range 26 East, Collier County, Florida. PARCEL 8 The West 1/2 of the Southwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 50 South, Range 26 East, Collier County, Florida. PARCEL 9 The West 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, Range 26 East, Collier County, Florida. PARCEL 10 T"e East 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, .tge 26 East, Collier County, Florida. ,>.."~--,,~" ~, Reta: PAVlSI UII FIRII P 0 BOI 1507 1T mRS PL m02 1507 Return 10: Pe1a 1. Gmina. Esquire N arne: PlY""', Haverficld. CI a! Address: Courthouse Box 8 3710440 OR:. 3903 PG: 3088 mORDID ia the omCUL mORDS of COLmR coam, FL IO/Of/2005 at 02:0sn DIIIGBT I, BROC(, CLm { / HlC m DOC-.70 18.50 .10 Th;' '",lrumenl was p<epared by: Peter 1. Gravina. Esqui~ Name PAVESE LAW FIRM Addre.s ::::i~:No.;OO'-j 121z..000Z.) 604 3'7(,C(X)S 064\ 3, Z.Qþo3· oo~ I Z..~ cr:xx:>:s:; I b041 SS2Q:;¡07 j OC>4'Y~0000~) OO'-ll'i~"&tx::x>,., Oá411ø 04 boo,' 00 '"-41 '?Iø <{ o::::oz. 'I CO'-t I 2 0 g cx::n .3 I8JJ Hendry Stred rost om.. On..... 1507 FORT MYERS, f1.0RJDA 13902 Gtanlec: SS. No. Gtanlec: S.S. No. THIS INDENTURE w¡,.,nw, LJ~d lw",iII. IIw ,.",. "party" ØltJJI iN:Jwú tIw M¡". 1"""",,1 "'pr~Hlrtallws. SlM:t%uor. and/or aulgru of tIw ",,,,,ellw paNle.f 1w""O; IIw u.re of tIw Mpúzr ~, .haJJ iN:Jude 1M plural. and tIw pl."al 1M .¡ngular; IIw ...... of fJ/l)' gelllÙ' .IuIU Irrclude aU gelllÙrs; and, 1/ u.red. 1M I.,,,, "no,." shall iN:Jude all tIw nolU 1w,.,1n tk=/bod 1/ mor~ lhan OM. Made this ~ day of ~ fJ.. ~ , 2005, Between, Peter.1. Gravina, Trustee under Trust Agreement datéd tbe 2Stk day of March, 2005, whose post office address is 1833 Hendry Street. Fort Myers, Florida 33901, party of the first part, and U.S. Home Corporation, a Delaware corporation, whose post office address is 10481 Six Mile Cypress Parkway, Fort Myers, Florida 33912, party of the second part, Witnesseth that said party of the first part, for and in consideration of the sum ofTEN AND NO/tOO DOLLARS, in hand paid by said party of the seçond part, the receipt whereofis hereby acknowledged, has remised, released and . these presents does remise, release and quitclaim unto the said party of the seeo . terest claim and demand which the said party of the first part has in and @ ~ ituate, lying and being in Collier County, Florida, to-wit: (Seal) s,#'L-?/:£- ¿ ~ Printed nãme of Witness #1 ~~~~Af~ Witness #2 !<-end""; <1 K ~L""r Prinled name of Witness STATE OF FLORIDA COUNTY OF LEE The foregoing instnunent was acknowledged before me is i). day of C . v , 2005. by PETER J. GRA VfNA. TRUSTEE, who is personally known t me and who did not ta~ ,I í " 'IV Commission Expires: i"":i\. Jennde< L Denby . '" . My Comm,.."", 00366216 \.~ ~/:\DIU'l! ~~..,"n-:f)ðr ~2 2006 :r @ ..... N ..... '0 0 0 ~ ~ ::. (") ,..., g $:I) ~. "0 C/J (") (") 0 c: 2- :::I .:< - "U (þ' <3 @ "0 CD '0 ;:¡. '< '0 :I> '""1 "0 e:. "0 C/J ¡¡¡ (t) ¡¡ï '""1 ~ (-) ~ 0 3 ëõ -- ~ ~ CD (t) (") r:T g 3 ~. $:I) (") '0 0 -- c: 3 :::I .:< $:I) "'C '0 <3 '0 "0 '""1 CD S' q ;+- :I> "0 $:I) õ'~ C/J ~O> "0 s= 00' ;;.: CD!!¡ .--:¡ a. -. ::. 0>'" :. w8 (t) :T3 II æ2 """Ì -. ::; .:::1 CD U ;::¡:Q. "'- ~ 0 :;;"0 '$- CD~ _ 0 os. N ~a. 0 ;::¡: 5' ""0 "'<a $:I) 5'~ '""1 roCD (") "Ò3 (t) ~o ~ !:2.", 0>- ~Cl) 00 N :::10 0 c: ¡¡¡ ro Ro 0> :::I a. 0 c: '""1 "9 (þ' Õ ::. a. ..... 0> II ro r- 5' ~ õ' Z 3 !!!. U õ' r/1 _:::I n :::I ~ ~i ¡ ~ g 0 ~ ::;: ""0 ~ NC/) (DO tT1 0> ~~i~"z 3- Ro (;, ~ ¡¡oG>c "0 '" onz~i CD $:I) x ,,:3.11)< "0 "0 C/)'Ftä! z:"! (t) ¡¡¡ i1 '" ~g" >8 '" CD ~.. Z -i.þ. r- a. ~o;:o~ tT1 Q ONC/)-"~ """Ì 3' ~~~~8 """Ì "Q. tT1 ii, O(J»~~ a. ~ Q ;:OC/)C,- ¡¡¡ ~:æ:C "0 (X)~;:O <3 ~~Œ < 00 ã: C/) CD --. a. N +:. -- N 0 0 VI 10 DO ! J I I f I ~ã'§~~ '< l -:: Q; .. i ~ .1 ~ ! I "'I: -I o ;C '"C OJ .., n (t) ~ ~ ~ C1' ( Detai ìs Page 1 of 1 - Current Ownership Folio No·1I 00413760005 Map II Property Address" NO SITE ADDRESS Owner Namell GRAVINA TR, PETER J Addresses I AGREEMENT TRUST 05 3 HENDRY ST FORT MYERS Statell FL II Section 12 Township 50 Range 26 Acres 10 Map No. 5812 Zipl 33901 - 3054 I I I I Strap No. I 1502612046.0005812 I Legal 112 50 26 SW1/4 OF SE1/4 OF I SE1/4 10 AC OR 1805 PG 227 Sub No. ....'ê Use Code 100 99 ACREAGE HEADER NON-AGRICUL rURAL ACREAGE -1J Millage Area 1 -1IJ ..,illage 13.7153 2005 Preliminary Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History Land Value $ 85,000.00 (+) Improved Value $ 0.00 (=) Market Value $ 85,000.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 85,000.00 (-, Homestead and other Exempt Value $ 0.00 ! (=) Taxable Value I $ 85,000.00 Date Book - Page 06 I 2005 3823 - 1434 03/1993 1805 -227 Amount I $ 500,000.00 I $ 56,000_00 I SOH ='2,ave Our Homes" exempt value due to cap on assessment Increases - The Information is Updated Weekly. -.ol! ièrappr~~er.c~~~/RecordDetai l_asp'~~lioJº=0000º004l3 760005 &/2 4/200.5..____ 10/04/2005 14:23 FAX 941 481 6281 APT I C FT MYERS IdJ009 iU 6'13 ~~I.r . 719 5T~TE OF FLORIO~ COUNTY OF COL~Ir.R 55.t Tho unders~qned ~er.bY cer~1tio. that B1\RRON COLLIr.n, Jft., /-U\.RGU&nI'l'E Po. COLI,IEt', tS^13r::ù COLLI!::" RI:1\JJ and WILLINI /I.. 1U".AU, .:tn.., to me kncNn and known t:o I!\O to be the peraons described in and who f)xGc\1ted t.h8 for_ going Deed, pe~sonally appeared before ~8 this day and ack.nowledged thAt t:høy executed the 8ara8. IU WITlU:SS wnr::RF.Of, I have h.reun~o ..t. my band arid official Ileal this 3rd day of! HaJ:'ch l!JI'75 . I.; 'J{ -t.,¿"- ~', {,...... __'¢-~~'.r{ Notary PUÐl~C ~ ~ .... '" "" ..~ ~ ...."... Ot fIw · &.t. "-q. ",. "at"". . . '" .......,,. :.. ,\...··fl. :"',. .. ;, -', . " .... ~... . "" ..' ... 4B~~~OCUMENTARY ~ .~ ~~ :; {(~~~ F\.O~I ^ SUR TAX:.:3. ',~ '...~8. ~a.'( ~:;¡.It ~i", u~"'7I 9 9 8.00 = '; .., 'WI "t. = 'i': _hUlL IIldt = ~: ., DOCUMENTARY ª SURTAX::: l~82.85\1 ...........~ .. Off..... ......... .... .. CO'L'''. C!OU."". 'LO... ""'~"'ltn T. """ -..-- · f)') 14: 23 F.U 041 481 6281 APTIC FT MYERS @008 U~ 613 ~'\li 718 t1tloø and 1"t~rc8t., inQl~Qin9, without limitation, dowor ana c:urt..y, 1~ .aid lands and their Af.I1'UJ:'tananco.. IN WITNESS WHER&Ol', ~. aranton and the spouøø. havQ h.reun~c .ot.tb.ir hand_ Ind ...1. tho day and year first above mentioned. Signed, seðlcð And Oeliveroð in our pre..nc.s ~ ~ ~ ~ ~. .... iI..- . J,Aj ~.r '. o1J. er (SEAL) ttnw~ ;: ~r~ (SEAL) ... .. .., ... - ... r:p. P'9 .... ~~ "'. ....;,; ... a - ..... .., '41 .. - -5- 10/04/2005 14:23 FAX 941 481 6281 APT I C IT MYERS ~OOi iU 613 f>M 711 to min., p~oðuce and ext~.o~ any ail, qa. or min.ral. 1y1"9 one hundre4 ew.n~y-flve t..c O~ 1IhOr. belC'lt the pr...n~ .urf.c. of ..ieS land.. Such r1qh~., ~r. and ~i.l1.qe. of the Gr.ft~~" ~.ir heir., IUcc...cr. and ...1gn., .hall, without 11m!. ~t.1on, inolude, in ~'plO~ ot .deS land', a1.1 ~o.e r.a.onably adeSr....ð ~o inve.~i9atln9, exploring. pro.pec~inq, d:1111n9 anå extractinq 011, 9a. and mineral. bu~ ahall not extend ~ .n~inq ~~ would unr.aaonably interfere with ~. ~n curr.n~ U.. by the O:Dn~e, it- .ucca..or'· or ...19n., ot the surrace ot .aid land.. SUBJECT ~o ~ any valid ri9h~-of-way, ea.emen~., r..tr1c~1on' and r...rv.~on' ~at are ot record or tbat .n in.peed.on would d:bclo.e, includ1ng, wt~hou~ lW ut:l.on, t:ho.. for roadø, public ut11it1e., Þorrow pi~, outfall ditche. and drainage. SUBJ'ECT JU.SO to t:h. mortqaq. lnt.ended to ))e _de by the Grant.. a. mort,qaqo: to Collier-Read CCmpany .. mortqaq.., under ~e date of th1a Deed and inten4ed to be ~.Qord.d .imult&ngou.1y ~rew1th &DOn9 the Public Reocrd. ot callier COun~y, Plcrlda, 1ft the p~1noip.l *Uft of Bigh~ Hundred Sixty-one Thou.and (f8&1,000) cellar. with inta:..~ at t.h. rat. of five (5" pe~c.n~ per &nn1.l1ft. '1'he Spou... bav. .xeout.ed thJ.a 4..d .01.1y for the P"~'. of conveying and ~.11nquiahinq any of their ri9ht., -4- ,!:~J FAX ~41 481 5281 .1.PT I C IT MYERS I4J 006 iU 613 r)i) '116 cbøolut.aly and forever all of the intercl'lt and owner.hip of the Granters, a~ the time of thei· oxacut1on of this c!ettdt in the oU, ('filII Anû ~incralB in, under and that may bo produced from oaid lands. The Grantors, their heiJ:"e, .ucceS8orB nnd ð8si9ns, al owners of such oil, qA8 And ~iner&lø interest shall not. without the written con.en~ ot the Grantee, i~Ð successors or assigns, ðS owners ot the surface of said lan~ø, have any ri~ht9, powers or privile~.D ~o mine. produce or Ðxtract any oil, qaø or minerals lyinq lea8 than onl!!! hund.t'ed twenty-five feet belO\of the preBcnt surface of said land., the Grantee, itø succe.aora And aø.1qnø, a8 such surface owners, in connection with and incident to any u.e. construction or improvements by them o~ or on tho.urfAça ot .aid lanðø may, without the CQn..n~ of tn. ~r.ntors, their he1rø, succeø.ora or a..i~n. (and .uÞjec~ only .~ Any rights ot other. than the GrAn~or., their heirs, sucoessor. or a..1qn.}, diøplaee, eonsume, use or de.troy any oil, qall or mineral. lying. lees t.hðn one hundred tw.n~y-t1ve feet below the pre.ent .urfea. of said landef but nothinQ contained in the prec.din~ olau.e. ot this sentence .hall be construed to limit or impair ~y rights, power. or pr1vileq.. of the arantors, their heir., .ucc.saoJ:"s .nd a..iqn., AS owners Of .uch oil, qaa And min.rals inter..t, and the Crantor., their heir., .ucc.s.o~. and &..1gns, .. .uch ownera shall hAve the tull riqhta, power. Anð pr1viloV·'t -3- 10/04/2005 14:23 FAX 941 481 6281 APTIC PI' MYERS 141005 IU 613 tAU 715 10 11. 15 17 20 21 22 23 29 AU AU All All All AU All ~1l AU ~~.h1Þ SO So~th~ Ranqe 21 ¡A.t ~.c~ion De.criø~ioft 24 All 'l'o-..m.bip 51 south. Ranqe 28 Za.t 35 D..cd.pt:Lon A.lt Sect.ion TOGETHER with any and all right., tit10 and inter.at ot the Grantor. and the Spouse. 1n and to any and .11 ilftpr.w.- ments on or to .a1ð lanðs1 '1'OGE'.t'ßElt with all tenemllnte. herecU.i:aMnt. and apøur~n&nee. and all r1ghts, pow.r., priv11aqee. t1~1." . .' interftst9, estatad, dower, curte.y a~d riqht. Of ð~r and . curtesy, rtlveraion., røainder., .a....nt. and riparian ri9ht~ ~1er.t:o belonq1nq or 1n any w1.. apperta1n1nq. TO HAVE AND TO HOLD THE SAME in tee .~le foreYer. SUBJECT, haWev-er, to the tOllcnfinc¡ w:Lt:b. r.~e~ to the oil, 9'a. and min.rab in, under and that. may be produced trOlD .aid land.. 1'b. Or&At:or. he~_ øaept t~ thb de.d and aonveyøoe, and h.~ NllerY8I aM reta1A . to t:hems.1Ye~, ~.1J:' !udze. .uca...ozoa aÞ4 ...1qn., ..2-' ." ~o (¡¡/~005 14: 22 FAX 941 481 6281 APT I C FI' MYERS I4J 004 37saH6 IU 613 .tALI 714 IFC'" ',(I O,'IC AI' . . ~ - lOO~ C01.L'1: ' , ¡:IIOA DEED maCle thi. Huch 3, 1975 by Mat 5 g"5 aM '7~ B^RRON COt.t.tE1\, J~., and %I~IEL OO~%I~ READ ·(h.reinalt...r caUed f:h' C1r.ntor.), who.Q pOat olUee addre.. ""kC/.~~· !. s.con C\.ltlA 0' ~,ItCUI1 tau.' i. 3003 North Tam!.mJ. Trail, Haple., rlorida, joined by HARCUJ::~I'l'E R. COLLIER, the wife at Barron Collier, Jr., and W:U.t.IJ\H 11. R£,N), JR., 1m. hu.band of' Zøabel Collier Rea4 (hereinaf~er calleð the spou~øs) ~o COWRY CO~~9RATIOH, a Florida corporation (herøinarter c&lle4 ~. arantee), whose post ottice address io 365 Pif~ A~enue south, Naple., Florida. !!.!!!!!!!!!.I The Gra~tor.and ~e spouse., 1n con.idera~1on of the sum of one Hundred Dollar. and other good and valuable ccn.1aerat!on, the receipt whereot 1. he~_Oy acknøwledged, hereby qrant, bargain, .ell, relea.. And oonqey to the Grant.at it. .uce...ore and A..iqnB forever, the followinq doscribed lat'1dll (hereinatter cal1ad ..i4 land.), .itua~, lyinq and being in Collier Ooun~y, St~te of Flori4a. TOwn_hip SO south, Range 27 Ealf~ D..c:r:i.p~1on All .xcep~ road right:- ot-w.y to!: Sta 1:8 ROa4 8& (Al11q.~~ Alley) A1~, except: road ~i9ht:-o!~.y fo~ Btat.e ROad 84 ihh Instr...-nt wu pr.pIl'ad by HaI'~Jd $, Lyncon; Attorney at LIIW whose addr.,. I_ 100 Park Av~ua, New York. Mew York 100t7 . .. se( Uon 2 3 ,- ,. ~. ,~., II ~J TOGETHER WITH, PARCEL 9: THE WEST Y2 OF THE NORTHWEST Y. OF THE NORTHEAST Y4 OF THE NORTHEAST Y. OF SECTION 13, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 10: THE NORTHWEST Y. OF THE SOUTHEAST Y. OF THE SOUTHEAST Y. OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 11: THE SOUTHWEST Y. OF THE SOUTHEAST Y. OF THE SOUTHEAST Y. OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA. EXHIBIT "A" '/'_:-:L ¡: THE SOUTHWEST 1/1 OF THE SOUTHEAST V; OF THE SOUTHWEST V; IN ;-ru\' :0. TOWNSHIP 50 SOUTH. RANGE 27 EAST OF COLLIER COUNTY, WlDA: CEfI IER WITH, '--RCEl2: THE EAST Y2 OF THE NORTHWEST V; OF THE SOUTHEAST V; OF THE \ THL\ST 1/1 OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER l:\TY. FLORIDA; , J ETHER WITH, :.;( El 3: THE WEST Y2 OF THE NORTHEAST V; OF THE SOUTHEAST V; OF THE ¡ ¡¡fEAST V; OF SECTION 12, TO\VNSHIP 50 SOUTH, RANGE 27 EAST OF COLLIER 1\'1'Y. FLORIDA; (jE'1'IIER WITH, . "TEL 4: THE EAST Y2 OF THE SOUTHEAST '/4 OF THE SOUTHEAST 1/1 OF THE ~ 1\ H~AST '/1 OF SECTION 12, TOWNSHIP 50 SOUTH. RANGE 27 EAST OF COLLIER '."iTY. FLORIDA; ¡':THER WITH, < EL 5: TilE WEST 1/2 OF THE SOUTHEAST V; OF THE SOUTHEAST '/4 OF THE ¡-¡ lEAST 1/4 OF SECTION 12, TOWNSHIP 50, RANGE 26 EAST OF COLLIER ',TY. FLORIDA; :THER WITH ~:L (¡: TIlE SOUTHEAST V; OF THE NORTHEAST '14 OF THE NORTHEAST 1/1 OF 'Ii ì'\ ¡ J. TOWNSHIP 50 SOUTH. RANGE 26 EAST OF COLLIER COUNTY, . ,~l[).\: ::-¡ IER WITH, LL ...,: THE EAST Y2 OF THE SOUTHWEST l~ OF TIlE NORTHEAST ~~ OF THE 1HE.\ST '14 OF SECTION 13, TO\VNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER ¡Y. FLORIDA; . :1ER WITH, :¡ S THE EAST Y2 OF THE NORTHWEST ~~ OF THE NORTHWEST Y4 OF THE :E.\ST "~ OF SECTION 13, TO\VNSHIP 50 SOUTH. RANGE 26 EAST OF COLLIER '\'. FLORIDA: PAVESE LAW FIRM CHARLES MANN (239) 336-6242 E-mail: CharlesMann@paveselaw.com 1833 HENDRY STREET, FORT MYERS, FLORIDA 33901 I P.O. DRAWER 1507, FORT MYERS, FLORIDA 33902-1507 I (239) 334-2195 I FAX (239) 332-2243 October 5,2005 Collier County Board of County Commissioners 330 I Tamiami Trail, E Naples, FL 34112 RE: Application by U.S. Home Corporation for Severance of Transfer of Development Rights Dear Sir/Madam: This letter is being written pursuant to the above referenced application for the Severance of Transfer of Development Rights. I am writing this letter on behalf of U.S. Home Corporation, the current owner of the sending lands (the "Property"). A legal description of the Property is attached to this letter as Exhibit "A". Please be advised that I have reviewed pertinent title policies for the Property, which policies are referenced by Ticor Title Insurance Company of Florida Policy No. 7110609-43269, effective June 16,2005 and Policy No. 7110609-4788, effective January 20,2005. I have also reviewed a title search of the property from January 20,2005 to August 24,2005 and examined affidavits from the Owner for the period from August 24, 2005 through September 12,2005. The above referenced documents revealed that there has been no prior severance ofTDR credits from the property and that the property is not subject to any conservation easement, deed restrictions or any other restrictions, easement, item or covenant that prohibits residential development, however, there is no insured right of access to the Property and Parcel lo.fr)at d Exhibit A is subject to oil, gas and mineral reservations, as recorded in Official ~ orIs ok 613, at Page 714, of the Public Records of Collier County, Florida, a CZP. ;of 1hi is attached to this letter. / Sinc' rely / '/ / CMlmjc Enclosure cc: Client 4635 S. DEL PRADO BLVD. CAPE CORAL, FLORIDA 33904 (2391542·3148 18501 MURDOCK CIRCLE PORT CHARLOTIE, FLORIDA 33948 1941) 255-3095 4524 GUN CLUB ROAD WEST PALM BEACH, FLORIDA 33415 (5611471-1366 461 S. MAIN STREET LABELLE, FLORIDA 33935 (86;}) _275.:5..600.__......_. ..... ttt OR: 3903 PG: 3089 ttt PLlI1[ ?iie Number: 05-4743 Agent File Number: FL80504 7. EXHTRIT "A" PARCEL I The Northwest 114 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township SO South, Range 26 East Collier County, Florida. PÞ.RCEL 2 The Southwest 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township SO South, Range 26 East Caìlier County, Florida. PARCEL 4 The West 1/2 of the Southeast 1/4 f t R:mg~ 26 East, Collier County, Flo 'd .. .:\RCEL 5 The "/ est 1/2 of the Northwest 1/ 6f R.:1n ~~ 26 East, Collier County, Flo ~+ ~'¡(:::::~t 1/2 of the Northwest 1/4 of th R~n:;~ ';6 East, Collier County, Florida. P,li({:2L 6 -; _ ..; "f",,;-' v ...,. " , _......"-.,__~.JI...-.J J ;: .~:.:.S¡ 112 of the Southwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13, Township SO South, L;nL~Ô East, Collier County, Florida. '. -"::.:.::~ J : < '/'5t 112 of the Southwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13, Township SO South, '..' " .~:j t:ast, Collier County, Florida. " ..\. . :,~', ') .[ 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township SO South, :Iast, Collier County, Florida. .~.~ -~ " ~.... ~ ~o :12 of the Northeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, \.:lS4 Collier County, Florida. v Retn: PAVm LAW 1IR11 , 0 801 1507 FT IITlRS FL mOl 1507 Rcturn 10: Pcta J. Gavin&. Esqulrc Nome: Pavese, HavcrlicJd. CI aI. Address: COW'thouse 80. 18 3710440 OR:. 3903 PG: 3088 RlCORDID in the OFFICIAL mORDS of COLLUR CODm. IL IOI04Il005 at Ol:08'1I DWIGHT I. BROCr. CLm DC lJJ DOC-.70 11.50 .70 This In.strumcn. wos p<cparcd by: Peter J. Gravinll, Esquire Name I'AVESE LAW FIRM Address ::::7~NO.:ÙO'-t 12.12..00C>2.j 6041~'7C.CO:>S 004\ 3"7 Z.Q2)o3· 0041 z. 'V cx::x;oS;¡ I bot..ll Ss 2.(X)o 7 j OC>4''-l~()OC:)C:)~) 004 1"¡~'"g()OO,', OÓ4Ib04boo,', O()~ I ?>lølfCX:OZ', OO"f' 2 o'&'0CX)3 18JJ Hcndry Sired ,o.tom.. Dn.... 1507 FORT 1IfYE.RS, FLORIDA 33902 Grantt:e 55. No Grantt:e 5.5. No. THIS INDENTURE WMnw, IUffd MIYùt, 1M "''''' .~. *11 úrcI""" 1M MlTs. ¡Mrs""",1 IYp,eMflllaliY<s, succeuors and/or øss1rru af 1M IYsprctlw parties lreIYla; lire "'" of 1M SÙlfIIÚ1T ......r ,htIJI wi""" 1M pJural. and 1M pJwa/ 1M singular: lire "'" of any ~Nitr slIdll wlutle all gondu,: and. 1/ -d, lIw "''''' "na'e" shall wi""" all 1M MIU IoucÙl dncribed if motYl than one. Made this ~ day of & fJ: ~ ,2005, Between, Peter J. GraviDa, Trustee under Trust Agreement dated tbe 28110 day of March, 2005, whose post office address is 1833 Hendry Street, Fort Myers, Florida 33901, party of the first part, and U.S. Home CorporatioD, a Delaware corporation, whose post office address is 10481 Six Mile Cypress Parkway, Fort Myers, Florida 33912, party of the second Part. Witnesseth that said party of the first part, for and in consideration of the sum ofTEN AND NOlloo DOLLARS, in hand paid by said party of the second part, the receipt whereof is hereby acknowledged, has remised, released and . these presents does remise, release and quitclaim unlo the said party of the seco . terest claim and demand which the said party of the first part has in and c8 ~ ituate, lying and being in Collier County, Florida, to-wit: ~1- 10 Witness Whereof, first above written. (Seal) s,#'L/l/h- ¿ 4 Printed name of Witness # I ~-~~Áa.-.-~. ) Witness #2 }{1:fld....; <1 K ~C.pr Printed name of Witness STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me is l:J. day of C' ~ V . 2005, by PETER J GRAVINA, TRUSTEE, who is personally known t me and who did nOI ;¡k~ ,/ i \ My Ccmml>síon Expires· ¡i--- ~ Jennrl<!o L Denby . '1 . lAy Comml'S,OO 00368216 \.-~ ...::1'9* ': _O,f!!'!! ~C"'1!m~fU~2QQ4 __,..,~>"",_,.~...._;o.~.,;o. WiISÔnMiller® .. New Directions In Planning, Design & Engineering TABLE OF CONTENTS 1 . Cover Letter 2. TOR Application Form 3. TOR Conservation Easement 4. Map of Receiving Area/Map of Sending Area (Parcel Location Maps) 5. Heritage Bay Golf Course Areas for TOR Application Receiving Land (Golf Course Areas - Receiving Land) 6. Heritage Bay TOR Parcel Descriptions Sending Land (Parcel Descriptions - Sending Land) 7. TOR Parcel 8 Offices strategically located to serve our clients 800.649.4336 Fort Myers Office ·157/ Colonial Boulevard. Fort Myers, Florida 33912. 239.939.1020· Fax 239.939-3412 wilsonmiller.com 10/13/2005- 40141 Ver: 031- TOOYLE CAIi43 N0442-;215-000- PCCR- 9157 WilsonM'¡ler./nc - FL Llclf Lc·ca00170 WilSÔnMiller '" New Directions In Planning, Design & Engmeering Kris Van Lengen Heritage Bay - TOR Application October 14, 2005 Page 2 9. US Home, through its agent and attorney Peter Gravina, has now secured Sending Lands sufficient to produce these TORs. 10. Collier County Government has approved a comprehensive plan amendment which modifies the ratio of TORs which can be produced from Sending Lands. The new ordinance was approved by the County Commission on September 27, 2005. 11. This application utilizes the base TOR and the Early Entry TOR from the Sending Lands to generate the 30 TOR's. Therefore, a total of 75 acres of Sending Lands is covered by these three Applications. Please issue the TOR certificates in the name of Bayvest, LLC. As you review the attached documentation, please contact me at 239-939-1020 for clarification or for further information. Sincerely, cc: Russell Smith. US Home Steve Erek, WilsonMiller Chris Hayes, WilsonMiller John English. WilsonMiller Dave W. Place, WilsonMiller 10113/2005~ 40136 Ver: 02!- RWOODRUF CA#43 Z5555·555·555- . 0 WilSÔnMiller@ ,.. New Directions In Planning, Design & Engineering October 14, 2005 Mr. Kris Van Lengen Senior Planner Community Planning Department Collier County Government 2800 North Horseshoe Drive Naples, FL 34104 Re: Heritage Bay - TOR Application Two, Parcel 8 Dear Mr. Van Lengen: On behalf of US Home, Wilson Miller is pleased to submit an Application for the use of TORs relative to the development of the golf course at Heritage Bay. Please find outlined below an overview of the US Home/Heritage Bay development and the PUD requirement to use TORs in the development of the golf course. Overview: 1. Heritage Bay is a Development of Regional Impact and a Planned Unit Development approved by the Board of County Commissioners on July 29,2003. 2. Under that approval, a maximum of 3,250 dwelling units could be built utilizing the Comprehensive Plan classification of Density Blending. No TORs are required in order to create the residential components of Heritage Bay. 3. Section 5.5 of the Heritage Bay Planned Unit Development established the requirement that for golf courses located in Sections 13, 14, and 24, (the rural sections) of Heritage Bay 1 TOR shall be acquired for each 5 acres of land utilized for the golf course. 4. US Home is developing generally the east half of Heritage Bay. The western half is being developed by Centex. 5. US Home has filed an SOP application for a 27-hole golf course. This is application #7904/project #2005060002 with the project name Heritage Bay Golf Course. This SOP is nearing completion of review by county staff. 6. US Home has now received plat approval for their portion of Heritage Bay with those plats being approved in January of 2005 by the County Commission and recorded in June of 2005. This plat covers the residential areas as well as the golf c < maintenance area, and clubhouse. Gi~ y I~~U.'" 7. The golf course has been platted utilizing specific tracts. These total 151.27 ac ~\, 1jJ' 8. Utilizing 151.27 acres for the golf course results in a TOR requirement of 30 Tr3 vJ. \. the basis of 1 TOR per 5 acres. ~ ., ~ .~\ . ~{/ .-;1 iJ, ¿ / ') ~ L..-// Offices strategically located to serve our clients 800.649.4336 Fort Myers Office 4571 Colomal Boulevard. Fort Myers, Flonda 33972· 239.939.1020· Fax 239.939-3472 w;lsonm;ller.com '3' - !:\',\/OOORUF W!/::;onM¡fler./n¡; - ~L LIC # Lc·caOOl10 .,.-,-,...,-,.--.....-..--."-- .-.,-.--;.-'....- IX. LETTER OF AUTHORIZATION FOR TDR APPLICATION (Required if owner is represented by an agent) TO WHOM IT MAY CONCERN: Richard L. Woodruff (Name of Agent - typed or printed) nt in~tion for the severance ofTDR Credits from property identified in the Application, ,~ ~ Date: I ö( /3/ZaV ç Corporation Smith, Vice President Signed I hereby certify that I have the authority to make the for complete to the best of my knowledge. application, and that the application is true, correct and Richard L. Woodruff. Wilso iller. Inc. Name - Typed or Printed ... TATE OF ( ~ß.v ..k COUNTY OF ( ~ ) ) 13q. day of (J~ ,20 oS " ""'~"":-. MARGARET R. CORRIGAN f..1'x..~>: MY COMMISSION tOO 200423 ".Jtj'j EXPIRES: AprilS, 2!.XJ7 '~iif..t1t'(o'~ Bonded Thru NoIary NIIic UOOeowrbn MY COMMISSION EXPIRES: C~OSE ONE OF THE FOLLOWING: who is personally known to me, who has produced as identification and did take an Oath 'f. did not take an Oath NOTICE - BE AWARE THAT: Florida Statute Section 837.06 - False Official Statements law states that: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the erformance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provided by a fine to a maximum of $500.00 and/or maximum of a sixty day jail term." 50f5 10/13/2005 -~,-,,~.__..---~---,,~--' - VII. APPLICATION CHECKLIST Is the following information attached? D A copy of the Warranty Deed for each lot or parcel as recorded in the public records of the Clerk of Courts of Collier County, Florida per the folio number(s) above. Also a legal description of the acreage from which the TDRs are being severed, if less than the entire property. Note: More than one lot or parcel may be identified by a single folio number. [J A title search, or other evidence, establishing that prior to the severance of the TDR Credits from the Sending Lands, such Sending Lands were not subject to any conservation easement, deed restrictions or any other restrictions, item or covenant that could affect residential development. D Completed and executed original "TDR Conservation Easement".(County form TDR2) [The County recommends that you consult an attorney prior to executing Form TDR2]. o Application fee: $250 non-refundable due with application. An additional $25 per TDR, not to exceed $2500, will be due upon facsimile notification of TDR(s) approved, prior to issuance and recordation. VIII. ADDITIONAL NOTES OR INFORMATION (Optional) Overview: 1. Heritage Bay is a Development of Regional Impact and a Planned Unit Development approved by the Board of County Commissioners on July 29, 2003. 2. Under that approval, a maximum of 3,250 dwelling units could be built utilizing the Comprehensive Plan classification of density blending. No TDR's are required nor needed in order to create the residential components of Heritage Bay. 3. Section 5.5 of the Heritage Bay Planned Unit Development established the requirement that for golf courses located in Sections 13, 14, and 24, (the rural sections) of Heritage Bay 1 TDR shall be acquired for each 5 acres of land utilized for the golf course. 4. US Home is developing generally the east half of Heritage Bay. The western half is being developed by Centex. 5. US Home has filed an SDP application for a 27-hole golf course. This is application #7904/project #2005060002 with the project name Heritage Bay Golf Course. This SDP is nearing completion of review by county staff. 6 US Home has now received plat approval for their portion of Heritage Bay with those plats being approved in January of 2005 by the County Commission and recorded in June of 2005. This plat covers the residential areas as well as the golf course, maintenance area, and clubhouse. 7 The golf course has been platted utilizing specific tracts. The golf course totals 151.27 acres. Please see attachment 3. 8. Utilizing 151.27 acres as a golf course, the resultant TOR requirement is 30 TDR's on the basis of 1 TDR per 5 acres of golf course. 9. In order to create 30 TDR's, Bayvest, LLC has purchased land in the Sending Area of the Rural Fringe Mixed Use District. Utilizing a ratio of 2 TDR's per 5 acres (Base TDR plus Early Entry TOR) equals the requirement of 75 acres of Sending Land to generate the necessary 30 TDR's. IV. NOTICES AND DISCLAIMER Any determination of TDR eligibility by the County in response to this application is only valid for the date of facsimile notification and is contingent upon verification of no change in land use or development order issuance prior to TOR Credit Certificate issuance and recording. Any determination of TOR Credits under this application procedure does not vest the applicant for the calculated numbers of TOR Credits until the TOR Credit Certificate is issued and recorded. IMPORTANT NOTICE: SEVERANCE OF A TDR FROM THE SUBJECT PROPERTY AND PLACEMENT OF THE PROPERTY UNDER A CONSERVATION EASEMENT IS IN PERPETUITY AND IS IRREVERSIBLE. V. BUYER'S CERTIFICATION OF TDR PURCHASE FROM SENDING AREA SEllER (if applicable) Number of Credits Sold, Conveyed, or Transferred: 2 TOR's Date of Transaction: Consideration Paid: $0 Transfer between affiliated entities. (Must be a minimum value of $25,000 per TOR) Buyer/Grantee Bayvest, L.L.C. Sending Area Seller/Grantor U S Home Corporation . that the information provided imited Liability Company ., Its Managing Member NOTICE - BE AWARE THAT: Florida Statute Section 837.06 - False Official Statement law states that: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provided by a fine to a maximum of $500.00 and/or maximum of a sixty day jail term." VI. PRO~~Y OWNERCER'TIFIC~TION I hereby certjfy tlíat the information furnish.ed on this application and the attachments are true and correct, that I am .the legal oW'ner of the prop~escribed above, that I have marketable title to the property, and~,haf I havetegar' ri~1ííe residential development rights from the property. ~. r Ii ~ "_ _.:;::7 /! Signature,; of Owner }fussell . Smith í Vice p(.ésident, U S Home Corporation /D/í3/e::~ Date Signature of Co-Owner Date NOTICE - BE AWARE THAT: Florida Statute Section 837.06 - False Official Statements law states that: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the 'erformance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provided JY a fine to a maximum of $500.00 and/or maximum of a sixty day jail term." ~,.~-_...""..,---;..'_""--"-"- ';, SENDING PROPERTY INFORMATION (attach additional listing as needed) ~- '-'~ ~2:;Parcel Number(s): ,2 ¡',umbers appear in the lower left ,,- 'ê:í of your Collier County Tax notice. 1. 2. 3. 4. 5. 6. 7. 8. 00414800003 9. O. 1. - -' ·,,:ORMATION REQUIRED FOR EACH FOLIO NUMBER ABOVE - (Attach additional Sheets as needed) --.-.---. 0414800003 5 acres Total Acreage for which you wish to sever TDR Credits: 5 acres '..:: ~;.::age :: -' ." 31ìY existing dwelling units located on the property or for . :iiid building permit is in effect? If Yes. how many? Yes No x .. :.iny other buildings on the property? if Yes, how many? If Yes, what uses? Yes No x -_._._-- -- -- ,2en clearing for agricultural purposes on the property since June 22, 1999? Yes No x .w the property is currently being used (e.g. agriculture, home site, etc): YlOrovements. Property in natural veqetated state. ¡ eXisting easements, deed restrictions or any other restrictions, items or covenants that could affect the -¡ of the property? (e.g. power line corridors, access easements, conservation, etc.)Yes No X - 2~escrlbe briefly ~~-_.,,-,- ,..."....-....-» ·- _. " Co . jer County I _,_~',. ._ '~.~"'.'.~ APPLICATION FORM SEVERANCE OF TRANSFER OF DEVELOPMENT RIGHTS (TDR) CREDIT CERTIFICATE RETURN TO: FOR COUNTY USE ONLY AR# By: By: By: Comprehensive Planning Dept. 2800 N. Horseshoe Drive Naples, FL 34104 Phone: 239-403-2300 Date Received Completed Application Date CC Comp Plan Approval Date TOR CERTIFICATE # Recordation Date: Separate Application Required Per Sending Land Owner The validity of the TDR Credit Certificate issued by the County shall be contingent upon the truthfulness and accuracy of the information included in this application. I. APPLICANT INFORMATION Name of Sending Land Owner (Must be completed): US Home Corporation Address: 10481 Six Mile Cypress Parkway City: Fort Myers State: FL Zip Code: 33912 Phone: 239-931-3849 Fax: Email: . ~ame of Agent (if applicable): WilsonMiller, Inc. (Richard L, Woodruff) Address: 4571 Colonial Blvd. City: Ft. Myers State: FL Zip Code: 33912 Phone: 239-939-1020 Fax: 239-939-3412 Email: RichardWoodruff@wilsonmiller.com II. STATEMENT OF INTENT I wish to sever.. . x TORs from the entire property, or a portion of the property. I want to retain. . . o (number) dwelling units with the property for existing or future development. x maintain the property in private ownership, or (OPTIONAL) explore the possibility of conveying the property to Collier County or to another public or private non-profit agency. (OPTIONAL) I intend to... I intend to sever the Base TOR and receive the Early Entry Bonus TOR from these properties. At a future date, I will explore the Environmental Restoration Bonus and the Conveyance Bonus. ....-.;,,-----' EXHIBIT "A" HERlT AGE BAY 1) SW Y4 of the SE 1/4 of the SW Y4 in Section 20, Township 50 South, Range 27 East 2) East ~ of the NW Y4 of the SE 1/4 of the SE Y4 of Section 12, Township 50 South, Range 26 East 3 ) West 12 of the NE 1j.¡ for the SE 1j.¡ of the SE 1j.¡ of Section 12, Township 50 South, Range 26 East 4) East Y2 of the SE 1j.¡ of the SE 1/4 of the SE Y4 of Section 12, Township 50 South, Range 26 East 5) West 12 of the SE 1j.¡ of the SE 1j.¡ of the SE Y4 of Section 12, Township 50 South, Range 26 East 6) SE 1j.¡ of the NE Y4 of the NE Y4 ofSection13, Township 50 South, Range 26 East 7) East 12 of the SW Y4 of the NE 1j.¡ of the NE 1j.¡ of Section 13, Township 50 South, Range 26 East 8) East 12 of the NW Y4 of the NW Y4 of the NE Y4 of Section 13, Township 50 South, Range 26 9) West 12 of the NW Y4 of the NE 1/4 of the NE 1/4 of Section 13, Township 50 South, Range 26 East 10) NW 1j.¡ of the SE Y4 of the SE Y4 of Section 12, Township 50 South, Range 26 East 11) SW Y4 of the SE 1/4 of the SE Y4 of Section 12, Township 50 South, Range 26 East _..uJnent prepared by: Peter J. Gravina, Esquire 1833 Hendry Street Fort Myers, Florida 33901 (space above line for recording infonnation) BILL OF SALE This Bill of Sale evidencing the sale and conveyance of the right to receive Collier County, Florida, Transfer of Development Rights Base Credits and Early Entry Bonus Credits (hereinafter referred to as "TOR Credits") is made this day of September, 2005 by U.S. Home Corporation, a Delaware corporation (hereinafter referred to as "SeHer") and Bayvest, LLC, a Florida 1imited liabiJity company, its successors and assigns (hereinafter referred to as "Buyer"). WITNESSETH: 1 That said SeHer, for and in consideration of the sum ofTen DolJars ($10.00) and other good and valuable consideration to said SeHer in hand paid by said Buyer, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred, set over and deJivered, and by these presents does grant, bargain, selJ, transfer, set over and deJiver unto the Buyer, and the Buyer::;s heirs, successors and assigns forever, aU those certain Base TOR Credits and Early Entry Bonus TOR Credits severed from the following described lands situated, lying and being in CoWer County, Florida, to wit: See Exhibit "A" attached hereto and incorporated by reference herein The Seller, for itself and its successors, hereby covenants to and with the Buyer and its successors and assigns that it is the lawful owner of the said personal property herein referred to as TOR Credits; that it has good right, title and authority to seU same, and that it will warrant and defend the same against the lawful claims and demands of aH persons whomsoever. Seller and Buyer are used for singular and plural, as the context requires. IN WITNESS WHEREOF, Seller has caused these presents to be executed the date and year above written. Signed, sealed and delivered in the presence of: ~.;k~ Pri name: ." ( . hUck ~ ~L/ g¿~/jL Pnnt name: .J6 ¿p -'< ¿ .rJ;'..<J ¿, G 'S STATE OF FLORIOA COUNTY OF U~ (SEAL) ~dob'U" The foregoing instrument was acknowledged before me this I / day of epttURòer, 2005 by 'Ku.s.~~\\ S""..·;Ah as SQ, v P of U.S. Home Corporation, a Delaware corporation, on behalf of the corporation. !:!~/she is v personally known to me or has produced as identification. ~ ;<xk.JJw- h Sign e, Notary PublIc My commission expires: .s) ~o/09 , iþP .t\- Notary Public Stale of Florida . '~. Nikl K Starbuck \ ~ # My Commission D0406257 ~ 0' '" Expires OS/20/2009 Prepared hv and kindlr ,{ ('cord and return fo: '- 'ümprehensive Planning Department ~SO() N. Horseshoe Drive '<apks. FL 34104 COLLIER COUNTY TDR CONSERVATION EASEMENT THIS CONSERVATION EASEMENT is conveyed this _day of ,20_, by '--;ame/Address: US Home Corporation, 10481 Ben C. Pratt, Six Mile CyPress, Ste 100, Furt !'vI vers, FL 33912-6460 ""7 "'Cìrantor"), to Collier County, Florida, a political subdivision of the State of Florida. having a melding address of: 3301 E, Tamiami Trail. Naples. FL 3411~(the County). RECITALS A. The County has adopted amendments to the Future Land Use Element of the Collier "llnty Growth Management Plan ("FLUE Amendments") that are designed to prevent the premature , i1\crsion of agricultural lands to other uses and to direct incompatible uses away from wetlands and ,:+mu habitat in order to protect water quality and quantity, to maintain the natural water regime, and to '1'.'eet listed species of fish, plants and wildlife and their habitats. B. The FLUE Amendments delineate a Transfer of Development Rights ("TOR") process rder to provide an equitable method of protecting and conserving the most valuable environmental 1:;,:,,;, including large connected wetland systems and significant areas of habitat for listed species of '. ;1lants and wildlife, while allowing owners of such lands to recoup lost value and development . _'mia! through an economically viable process of transferring the development rights in such lands to ... more suitable lands. C. The Transfer of Development Rights process pennits a landowner to sever development attached to the servient lands for transfer as developer credits (verified and registered with the .: TDR2 County) (the "TDR Credits") to other lands more suitable for development. A condition precedent to the establishment of the TDR Credits is the grant of a Conservation Easement impressed upon the Sending Lands (as hereafter defined) that restricts uses of such Sending Lands to those uses permitted under Subsection 2.03.08 A.4.b of the Col1ier County Land Development Code. D. The FLUE Amendments include establishment of a land use classification system identified as Sending Lands within the Rural Fringe Mixed Use District ("Sending Lands"). The Sending Lands classification includes those lands that have the highest degree of environmental value and sensitivity and general1y include significant wetlands, uplands, and/or habitat for listed plant and animal species. such that the Sending Lands are principal targets for preservation and conservation. E. Grantor is the owner in fee simple of certain real property in Collier County, Florida, more particularly described in Exhibit "I" attached hereto and incorporated by this reference ("the Property"). As of the effective date of this Conservation Easement, the Property is designated as a Sending Land on the Future Land Use Map of the Col1ier County Growth Management Plan. F. Grantor desires to sever the development rights from the Property and to establish TDR Credits therefore in the manner specified in the Collier County Land Development Code. G. County and Grantor have agreed that it is appropriate to maintain the Property predominantly in its natural, open, agricultural or wooded condition and to retain such areas as suitable habitat for certain species of fish, plants and wildlife by restricting the uses on the Property to those set forth in Section 2.03.08 A.4.b of the Col1ier County Land Development Code. The County has agreed to recognize and register I TDR Base Credit and I TDR Early Entry Bonus Credit in exchange for the creation and conveyance of the Conservation Easement on the Property. FORM TDR 2 2 ¡ j fhis ('unservation Easement is made pursuant to. and in fuj] compliance with. the TDR ,~:,l:lbji,Í1ed in the FLUE Amendments and Subsections 2.03.07 DAJ of the CoHier Cl)unty Land ",iJlmejJt Cude to enable the transfer the TDR Credits to other Jands and to impose the Conservation .::1'~'!lt ull the Property. AGREEMENT In consideration of the mutual covenants, temls, conditions and restrictions contained and . ')sed by this Conservation Easement, including, but not limited to, the severance of :iopmcnt rights from the Property and the creation of TDR Credits. the parties agree to the '.\Íng terms and conditions: ]. Recitals. The parties acknowledge that the foregoing recitals are true and 'Tcct, ì Conveyance. Grantor hereby gives. grants. bargains. sells. and convey's to the County. lS successors and assigns. forever. a perpetual Conservation Easement over and across the 'L'ny. subject to the terms and conditions stated in this instrument and Grantor fùlly warrants the I,) ~uch Conservation Easement and will defend the same against the lawful claims of 3011 ,ins \\hoI11soever, 3. Purpose. The purpose of this Conservation Easement is to restrict the development l:>C of the Property, from which TDR Credits have been severed. in order 10 promote the protection ~,)ilsel"\'a[ion of valuable environmental lands and to prokct against the premature conversion of :',!!Jtny from agricultural use. -' "-^_..~.~~-,-,".- , ,. 4. Reserved Rif!ht of Possession. Grantor shall have the right to sell, give, or otherwise convey the Property or any portion of the Property, subject to the terms of this Conservation Easement; provided. however. the instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to all of the terms and conditions of this Conservation Easement, and the instrument of conveyance shall incorporate this Conservation Easement by reference, specifically setting forth the date and page of its recording; provided, however, that the failure of any such instrument to comply with the provisions of this paragraph shall not affect the County's rights under the Conservation Easement. 5. Prohibited and Allowed Uses: Grantor and its successors and assigns may use the Property only for uses allowed in Sending Lands where residential density has been transferred, as set forth in the Collier County Growth Management Plan and Subsection 2.03.08 A.4.b of the Collier County Land DeveJopment Code, 6. Effective Date. This Conservation Easement shall be deemed effective upon the date of its recordation in the Public Records of Collier County, Florida. Prior to the Conservation Easement being effective, the Grantor hereby agrees that it shall not allow any activities on the Property which are contrary to the tenns and conditions contained in this Conservation Easement. 7. Enforcement. Pursuant to Section 704.06, Florida Statutes (2003) and the Land Development Code of Collier County, the tenns and conditions of this Conservation Easement may be enforced by the County or its respective successors and assigns. This Conservation Easement may be enforced by injunction or proceeding in equity or at law. The ownership of this Conservation Easement by the County or the attempted enforcement of rights held by the FOR:\I TDI< .2 4 '~^'_'__._~....","'".".,.-~ '^'·_"...·,___~_·,'_,,_·__'"·'..4_"'_.'_ ')LUll\ sjlJ/¡ not subject the County to any liability for any damage or injury that may be : r¡crcd by any person on the Property or as a result of the condition of the Property. 8. Assismment. In the event that the County changes its corporate structure. ..:rminates its existence. or takes any other action that would make County no Jonger qualified .J hoJd this Conservation Easement pursuant to Section 704.06, Florida Statutes (2003), then ',,1unty sha11 immediately assign this Conservation Easement to another governmental body or ,g.:ncy or a charitable corporation or trust as described above who is entitled to hold this c)Jlservation Easement pursuant to Section 704.06, Florida Statutes (2003). 9. General. This Conservation Easement is ,S'Tanted pursuant to the Collier County ;lIld Development Code, and shall be interpreted in accordance with laws of the State of .' ,Jrida. All headings contained herein are for infol11lational purposes only and shall not be · )ilstrued as detìning or limiting the ternlS of this Conservation Easement. 10. Countv's Discretion. The County may enforce the terms of this Conservation :..\ement at its discretion. but if Grantor breaches any term of this Conservation Easement and the limy does not exercise its rights under this Conservation Easement. the County's forbearance I,d i not be construed to be a waiver by the County of such term. or of any subsequent breach of the .me. or any other term of this Conservation Easement. or of any of the County's rights under this ':ìServation Easement. No deJay or omission by the County in the exercise of any right or remedy 'n any breach by Grantor shall impair such right or remedy or be construed as a \vaiver. The I !!1ty shall not be obligated to Grantor. or to any other person or entity. to enforce the provisions ;is Conservation Easement. '-rm: :5 «.m_.__..~...."" --.- .-.--.....---, II' .. I]. Ri£!hts of the Public. Nothing contained in this Conservation Easement shall give or grant to the public a right to enter upon or to use the Property or any portion thereof where no such right existed in the public immediately prior to the execution of this Conservation Easement except as may be granted or expressly authorized by Grantor. 12. Limitation or Severance of Invalid Provisions. If any prOVISIOn of this Conservation Easement restricting Grantor's activities is determined to be invalid or unenforceable by a court, such provision shall not be rendered a nullity if the provision can be reduced or limited to the extent that the court determines will make it enforceable and effective. If any provision of this Conservation Easement is determined to be completely invalid or unenforceable by a court, such provision shall be severed from the other provisions, and the remaining provisions shall remain enforceable and effective. 13. Modifications. This Conservation Easement may be modified only upon the written consent of both Grantor and the County, or their respective heirs, representatives successors or assigns; provided, however, no modification of this Conservation Easement may be made that would result in this Conservation Easement failing to qualify as a valid conservation easement under Subsection 2.03,07 D.4.f.ii (a)(iii) of the Collier County Land Development Code. ]4. Recording. The County shall record this Conservation Easement in timely fashion in the Official Records of Collier County, Florida, and may rerecord it at any time the County may require to preserve its rights. Grantor, or such person to whom the Grantor conveys the TDR Credits severed from the Property, shall pay all recording costs and taxes necessary to record this Conservation Easement for the tirst time in the public records. FORM TDR Z 6 <^-,_..."-_...,..- ¡ 5. Successors. The covenants. terms. conditions and restrictions of this Conservation . :l~ement shall run with the title to the Property and shall be binding upon. and inure to the benefit of. respective parties hereto and their respective personal representatives. heirs. successors and assigns :nd shall constitute as a servitude running in perpetuity with the title to the Property. IN WI1NESS WHEREOF, Grantor and the County have executed this Conservation Easement ;11 ~his day and year first above written. ;~ \ccuted and delivered !J our presence as WITNESSES: GRANTOR(S): (I ¡'.~n:¡ture: \!/ 'r!Ilted Name: ': US Home Corporation " ..- i /1/:>/ ~-- / /0"' J Signature: '---,.....,\~~ -J I i/ ..~ Printed Name: -Russe]! R.~mith, Vice President ~' / ./ ~."/~~- ,/~/ \.. . '-,nature: ../ Signature: Printed Name: : \TE OF FLORIDA )( 'NT'{ OF L~.µ_ The foregoing instrument was acknowledged before me this ~ day of - 20.LG.., bY'~·\. \~E' \ \ \<, '" ., . -4.- who '-...:;\::.\ ~,n\ \\ IS \ >"n.,ally known to me or produced as identification ~'~~I.: ~. .1·\C'vJ"-L.~t: Nota'l:)' Public, State of Florida at Large My Commission Expires: Ej ;) ('Ii c q Commission No. -t>~ ~~(~ l'vdg'l -0'Tr________._..__ __,_ ...._ __'__~_'_"'_'."_'''''''_''''_'' (},,~...~,> '~~~?~t~l;~:~~:~~;: ,::;~~J~ '.-'. ~ Ex:p~res 1.;5<:CI2i.JO::. . .........""--".....-.~-'-_.._....,'~~....~'"',..'---,-~,.=""--', IE: THIS BOX IS A GRANTOR EXECUTORY TEMPLATE AND SHOULD BE ADAPTED . JŒFLECT THE NATURE OF THE OWNERSHIP,I.E., INDIVIDUAL, TRUST, _.:1(PORATlON, PARTNERSHIP, ETC -DR :! ì Attest: Dwight E. Brock, Cle~ Commissioners '. .. - By (h.'A ~. Y;.O~C D Cl'" ..... ,'. '.' - 0;' ".-) Att~t n '. .;:' I s1gnature on 1.. ¡ t ~ nd legal sufficiency: - i' ~ } \\ I I I ì~ f \J Ii, ,;(f}j("", ounty AttorneY_j FORM TDR 2 GRANTEE: Board of County Commissioners of Collier County, Florida By: I\-..L w ~ Fred W. Coyle, Chainnan 8 L;" "L EXHIBIT 1 Heritage Bay TDR Parcel Descriptions (Sending) TOR Parcel 8: The East 1/2 of the Northwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 13, Township 50 South, Range 26 East, Collier County, Florida (Folio Number 00414800003); 5 acres ± ~' ~'.. I. SEREK --- COLLIER COUNTY NOTICE OF TDR CREDIT CONVEYANCE (Applicable only to conveyances of TDR Credits subsequent to the issuance and recording of a TDR Credit Certificate) Number of TDR Credits Conveyed: L. (Not to exceed 50 TDR per Conveyance) Date of Conveyance: TDR Credit Nos: (Identify each TDR Credit by number below) Attach written evidence of the conveyance (E.g.: Contract of Sale; Bill of Sale) Buyer/Assignee Seller/Assignor Name: Bavvest, LLC Name: US Home Corporation Address: 10481 Ben C. Pratt, Six Mile Cypress. Ste 100 Address: 10481 Ben C. Pratt. Six Mile Cypress. Ste 100 City/State/Zip Code: Fort Myers, FL 33912-6460 City/State/Zip Code: Fort Myers, FL 33912-6460 Signature: Russell R. Smith, Vice President To be completed by Collier County Comprehensive Planning Department: AR Number: Date Conveyance Registered: By: FORM TDR 3 ._~_.,---> "i"- OJ IXHJll :10 d7119 I ~ ¡1 I i ',11 \ ~\ ~\ ~ ~ ~ ~à ~\ ,.).\ 'ó ~ C t""<ft""< t""<l'!"J .......l'!"J ~~ ~~ C' (""0< '< " ""'ì .¿ ...... "'-i . ~ 9:J.JBd HO.L 9wOH sn ~ 9UOZ 6u¡pU9S 4IiIIIÞ 9UOZ 6U¡A¡9:J9H C~J]Þ 9UOZ B.Jln9N C ~ WJ. 'A3.n33 JOI"'/IIIIfIIH»/1Nt Aq _ _ IOU"" _ d/.,..,8UA11O AµedoJd.,1/J. _/:wøIle/r.H>/ pue '1:>#48/0 '8 1fI8 '/ru_ OJ _".., IOUIIIq "'''''''UI Aew ""''''''' ,"",notr enollM Aq _ SID ""/Z///lII".,- .....IIlVIIØ ""l .~ --"'"<?"~ () N I') I I ., Al; ,\',:.:: ;',::;;,;' ['~,=::~:::=:::L,:~~~::~': ~-L.....·' . ....··¡···'r-'-.II--r·r·[.···· J f' ',: 1.. ¡. II·" 1.:1 \ ~ ! ! Î ! ' TDR Parcel 3 TDR Parcel 5 1;" IrcrND C I N I, R A 1 N () r F S TOR Parcel" Folio" Acreage 1 004/10440307 10AC 2 00413/140002 - 5AC 3 00412080003 5AC 4 00413720003 5AC 5 00412800005 5AC /I 00415200000 & 00415240002 - 10AC 7 00414880007 - 5AC 8 00414800003 - 5AC 9 00415520007 - 5AC 10 00413760005 - 10AC 11 00412120002 - 10 AC Total = 75 AC Neutral Zone Receiving Zone Sending Zone US Home TDR Parcel ,. This ""hlblt we. _red utJllz/"fI GIS _ by VIIrtoue SOU"''''', whkh ....y '''c/ude but "ot be limited to feders/, strife. DIstrict, e"d locele( fNICles. Thle property olNtlershlp _ hes "01 bee" verified by WIISOIIIlll/Ier for IICCUBCy. c·:) @.~.," "Æi#.';,~_ ',' ",' 4I!Þ : ~ , ::" (I T D R PAR eEL L 0 CAT ION MAP - 2 ßWDf1C$(fJtilJ!Jbf}IJDOfJff 1 I ,- -- -. . .... ..... Heritage Bay Golf Course Areas for TDR application: (Receiving Lands) Tract "GC-1", (Golf Course) Heritage Bay, Plat Book 43, Pages 15 through 45, Collier County, Florida, Area = 32.89 Acres ± Tract "GC-2", (Golf Course) Heritage Bay, Plat Book 43, Pages 15 through 45, Collier County, Florida, Area = 5.24 Acres ± Tract "GC-3", (Golf Course) Heritage Bay, Plat Book 43, Pages 15 through 45, Collier County, Florida, Area = 20.79 Acres ± Tract "GC-4", (Golf Course) Heritage Bay, Plat Book 43, Pages 15 through 45, Collier County, Florida, Area = 28.53 Acres ± Tract "GC-5", (Golf Course) Heritage Bay, Plat Book 43, Pages 15 through 45, Collier County, Florida, Area = 9.55 Acres ± Tract "GC-6", (Golf Course) Heritage Bay, Plat Book 43, Pages 15 through 45, Collier County, Florida, Area = 2.18 Acres ± Tract "GC-T', (Golf Course) Heritage Bay, Plat Book 43, Pages 15 through 45, Collier County, Florida, Area = 28.27 Acres ± Tract "GC-8", (Golf Course) Heritage Bay, Plat Book 43, Pages 15 through 45, Collier County, Florida, Area = 11.80 Acres ± Tract "GC-9", (Golf Course) Heritage Bay, Plat Book 43, Pages 15 through 45, Collier County, Florida, Area = 11.69 Acres ± Tract "GC-10", (Golf Course) Heritage Bay, Plat Book 43, Pages 15 through 45, Collier County, Florida, Area = 0.33 Acres ± Total Area: 151.27 Acres ± 811612005- 39844 Ver: 01!· SEREK CA043 29999--999-999- ~ 00000 TOR Parcel 8: The East 1/2 of the Northwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 13, Township 50 South, Range 26 East, Collier County, Florida (Folio Number 00414800003); 5 acres ± TOR Parcel 9: The West 1/2 of the Northwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 50 South, Range 26 East, Collier County, Florida (Folio Number 00415520007); 5 acres ± TOR Parcel 10: The Northwest 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, Range 26 East, Collier County, Florida (Folio Number 00412120002); 10 acres ± TOR Parcel 11: The Southwest 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, Range 26 East, Collier County, Florida (Folio Number 00413760005); 10 acres ± 8/23/2005- 40087 Ver: 01!- SEREK c_, Z9!JOO.999-999- . 00000 Heritage Bay TDR Parcel Descriptions (Sending) TOR Parcel 1: The Southwest one-quarter (SW-1/4) of the Southeast one-quarter (SE-1/4) of the Southwest one-quarter (SW-1/4) in Section 20, Township 50 South, Range 27 East, lying and being in Collier County, Florida, (Folio Number 00460440307); 10 acres ± TOR Parcel 2: The West 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, Range 26 East, Collier County, Florida, (Folio Number 00413640002); 5 acres ± TOR Parcel 3: The East 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, Range 26 East, Collier County, Florida (Folio Number 00412080003); 5 acres ± TOR Parcel 4: The East 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, Range 26 East, Collier County, Florida (Folio Number 0413720003); 5 acres ± TOR Parcel 5: The West 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Southeast ~ of Section 12, Township 50 South, Range 26 East, Collier County, Florida (Folio Number 00412800005); 5 acres ± TOR Parcel 6: The Southeast 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 50 South, Range 26 East, Collier County, Florida (Folio Numbers 00415200000 and 00415240002); 10 acres ± TOR Parcel 7: The East 1/2 of the Southwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 50 South, Range 26 East, Collier County, Florida (Folio Number 00414880007); 5 acres ± SEREK ";:...1' '., ~: ~, ."¥--"'-'--'""'" ::r @ ...... 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Ro !II ¡¡¡ "C a < 00 ä: CÐ --- a. tv .þ. --- tv 0 0 V1 · · · · · · ~ "1: ~ o :::c "'U OJ .., n (1) CX) ~~r-~~61 (J'1 :!:~ iiI 3 = ......DI\D 0 ~:¡¡;;-!¡!I!z <XI 0 i' II G)~ C3 VJ "(/1 O1z£.~<i ~"ª¡¡¡ z='! :¡¡;;o .. » g o~Z-l"" "......o;U:¡;;: zVJ cn-c <XI ~g¡~~g :¡¡;;~»m8 O1mO:u »......0'- ()N:U oo~ :U"cn 110 DO i I I I J f ~ [ § ~ ¡ '" ~ -:: ø IÞ ~ ~ .! ~ Ì Details Page 1 of 1 - Current Ownership Property Addressll NO SITE ADDRESS Folio No·11 00414800003 Map II Statell FL I I I I I Zip ' 33901 - 3054 I I I I I Strap No. I 1502613 023.0005B13 I Owner Namell GRAVINA TR, PETER J Addresses I AGREEMENT TRUST I UTD 3/28/05 11833 HENDRY ST City II FORT MYERS L"'1113 SO 26 .112 OF NW1l4 OF I NW1/4 OF NE1/4 5 AC OR 525 PG I 835 Sub No. -1J Use Code 100 99 Range 26 Acres 5 Map No. 5B13 Section 13 Township 50 ACREAGE HEADER NON-AGRICULTURAL ACREAGE '11 Millage 13.7153 2005 Preliminary Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History Land Valu~ $ 42,500.00 (+) Improved Value $ 0.00 (=) Market Value $ 42,500.00 (.j SOH Exempt Value $ 0.00 f=) Assessed Value $ 42,500.00 I I I I I , H Homestead and other Exempt Value" $ 0.00 I I (=) Taxable Value II $ 42,500.00 I SOH = "Save Our Homes" exempt value due to cap on assessment Increases, Date II Book - Page Amount I 06 / 2005 II 3823-J.#4 $ 125,000.00 I 11/1999 II 2614 - 2019 $ 0.00 I 09/1999 II 2590 - 3375 $ 9,000.00 I 05/1973 II 525 - 835 $ 0.00 I - . . The Information is Updated Weekly. '\ \\.(011 icrappraiser.c?m/RecordQe.tail.asp'?FolioIDc:=0000000414ROOOO:L Q 1:J..:UJL\.ll5....__ 10/04/2005 14:23 FAX 941 481 6281 APT I C FT MYERS ~009 tU 613 U~~ . "'11B COUNTY OF COLt.Ir.R } ) 55,2 ) 5T~TE OF FLORtC~ '!'he undere!.gned l').et'ebY c:ert.1t1o. that. B1\RRON Cot.1'..It:R, Jtt., "11\RCiu~n:t'1'E 1\. COLI.l~p, tSM1F,l..o COl..oLl1:R RI:AC arid WI.LLIN1 11.. 1\FJ\1), .tn.., ~ me Jc.naWn and known 1:0 I!\O to be the paroons de.cribed in and who "xocut.ed the fore- qoing Deed, personally ðpp8arod bafore ft8 'this day and acknowledged that thøy e~acuted the .~. In WITl:U';SS wtU::RF.OF', 1 have bereunto flet.. my banå and official 8Qal t:hj,.s 3rd ðay of "arob 1975. ",~'" '.. ?I..ú é..,.- ~ '. li.ÞOo- ~.¡;,{ Notary PUÞ U.C ~ ""'" .... ., ~~..""","'-'t"".... ¡" """''''~ "".' Ott. _. "" , ,. ......,~ :.. .'.....tl. :"'.. . . . . . " .'~ " I . ~ .' : . .. "" ..' ....~~~ ~:- :: {[~~j\ FI.O~I ^ '.~ o..;"¡:~,,,:l',aZ . ~t1 .~ _ ~~ I ..u ·,·n ..t. þloU" lUlU OOCUMENTARY Š . ~ SUR TAX:.;;' r: ~ ð . n n' a .I( ~i'~~ :; ."1....." .. ~w.a .....,.. ... at C:OU".Jf. cvuwfY. "'o..~ IoA..AUT T. ,çan -..-- ~,-' ' 4:23 FAX 941 481 6281 APTIC FT MYERS IH 613 ~~L; 118 titles And interests, incl~Qln9' w1tho~t limitðt1on, dower ana curt..y, i~ said land. and their Appu~ten.nca" IN WITNESS Wm:FU:Ol', ~. orant:.or. and the spend.. hava hereunto .a~.~.i= hands and .eal1 tho day and year first Above mentioned. ~~- /"'/~YG· Ct7_' c.( L) . ran 0 1ør, .1On.0, ..01.0 anO .-- - ,- ,-? Deliveroð in our pre..nc., ~~ 'to ~~'t;J\.; or .. o..L or (SEAL) w~~ ~~~rf (SEAL) , ... ~ ", " .,. -, . - 141008 .... rfJ PO ,O'J ~.. "'. ~" on ID 00 "" '" ,.. - GO -5- "."...__...._0<;_"""'____.....".._ 10/04/2005 14:23 FAX 941 481 6281 APT I C FT MYERS lãIoo7 in 613 r>.\,i 111 to min., p~oduce and ext~.c~ any ail, q.. or mineral. lyift9 one hundred ~ft~y-tive f.e~ or man bel~ tha pre..nt .ur~ac. of .aid land.. Such r1qh~" power. anð ~i.1l.qe. of the Cran~or., ~.ir heir., ~cce'.or' And ...19ft., .h.ll, withou~ limi~t.lon, 11\clwSa, 1n :¡:..peaf, at ..ld laM', all ~o'. rea.onably addr....ð. to iftve.~iqAtlng, explorift9, proapect.inq, ðril1ing And extracting 011.. 9a. and min.raJ.. but. ahall not:. exuneS t,o .nytohinq Chat. would unra..onably 1nt.arter. with the than c:nu:r.n~ \\.. by t;b- C.anue, iu .u.ace..or. ea:' ...19ft., or the. Burt.c. ot sald land.. SUBJECT ALSO to any valid r1qht:a-ct-way, e..amenta, re.triction' and .e.ervat.lon. that are ot record or that an in.paction would cShclo.., inclucSlnq, wit.hout. li1rJ t.e-t.ion, 1:bo.. for roade, pubJ.ic ut11it:.l.., bOrrow pit.a, outf.ll dit.ch.. and drainaqe. SUBJEC'I' ,LBO to the 1Dœ'~aqe lntendald to Þe INd. by the Grant... a. 1IIOrt.qaqor to Coll1.r-"-8ad company.' ~rtl;.qe", und.r ~e cSau ot thb need and intended CO be ~eQcrd.d .imultan~ou.ly herew1th among the PUblic Reoord. of COllier COW\~y, PlorlcSa, in i:be principal ~ of Biqh~ Hundred Sixty-one ~ou.and ($8&1,000) Dollara with iDtare.~ at the rate of five (5" percen1: per annum. ~h. S~U... have .xecuted th1a d..d aolely fer the pu.rpo.e ot oonv.yinq and rel1nqui.h1ng any of ~ir riqht., -4- '"'''''-''~'''-'--''''''' ~.,.,.~...,,,~,~.~,.....,,,---_.._~,."..-,,,. " 1:~3 F~l 941 481 3231 APTIC IT MYERS l4J006 U{ 613 r~\.t 'liô IWllolu1;aly and forever all of the intercflt (lnd owner.hip of the Grantors, at ~. ti~e of thei~ ð~ecution of thi. deed, 1n ~. oil, ~a~ anù ~incralB in, under and that may bo produced tram said lðnds. 'rhe Grant.ors, t.heir he:L~I!, auccesllorll ßnd aasi~ns, a8 owners of such oil, qae Anõ ~ineralø 1nteres~ Bhol1 net, without the ~itten conBent of the Grantee, it.s successors or assigns, as ~ners of the surface of said lands, have any ri~hts, powers or privil.~eB to mine, produce or extract any 011, qa. or mineralø lyinq lese than one hundred twenty-five feet be10W t.he preBant surface of said landa, the Grantee, ita eUCce.Bora and ...:Lqn., A8 such surface owners, in conn.cticn with and incident to any u.e, con.truction or ~provemcnt. by them o~ or on tho 'aurtAca of said landB may. without tbe con..nt of the Grantors, thei~ heirs, BucceSSora or A..i~n. (and .uÞject only ~- any ~iqht.. o~ oth.r. than the GrAn~or., their heirs. aueoea.ora or ...19na), di.place,conaume. use or de.troy any oil. qðe or min.~all lying. leea than one hundred twenty-five feet below the pre.ent .urtaoe of .aid lands, but nothinQ contained 1n the precedin~ olAU... ot this sentence ahall be con.tr~.d to limit. or impAir ~y rights, power. or privileqe. of the Grantora, their heirs, succe.sors and ...iqn., .8 ownerS Of .uch oil, qal and minarals intereat, And the Granto~., th.ir heir., .ucc.a.o~. and a..igne, .. .~ch ownera ahall have the tul1 :iqhts, pcwer. and pr1viloqe., -3- .,·.,.o,~_.,,,,.___.._ 10/04/2005 14:23 FAX 941 481 6281 APTIC FI' MYERS 141005 IU 613 I'ALt 715 10 11 15 11 20 21 22 23 29 1\11 AU 1\3.1 All All All All "11 ~U ~~.h1Þ 50 SOgth. Ranqa 28 Eaat ~.ct:ion oe.cri'l'ldOft 24 .1\11 'l'own.hi~ 51 South. ~ftCJa 28 Zalt: 35 D.'C1'1pt;.1on Alt Section TOGETHER with any end all right, ~1t:1o an! inta~..t: ot the Grantor. and the spousal 1n and to any and .11 tmp~~- menta on or ~o .a~d lanða1 'rOGE'rHEn wi t.h all btnementl, hared1 usent.. and apøurtenanoes and all ri9ht:a, pow.~" priv1~q.., tiel.., 1nt.reS~9, o.tatoø, dowar, curtesy and rights of ð~r .04 . curtaey, reversion., r.maindera. .a.ement. and riparian right.. ~\.r.to belonging or in any wi.. appert.a1ninq. '1'0 HAVE AND 'ro HOID '1'HZ SAME in fa. a1lf1ple for.Yer. SUEIJEC'1', however, to the tol1Qtf1n9 wii:h respetlt. t::o the oil, qaø and minerala in, W\dlu: and ehat. MY be prodaC04 trOlD ..id land. I "the Oru~r' hereby øaept f:ram thb deee! and conveyuoe, and. h.nby Z'e1l4lr1M and :r:et:a1zt to th...lw.,' their bêir.. tlUaoe..orl us4 ...igon., -2-' ." .~...,~-..."'-_..._----_.-. IO/',!/2005 14:22 FAX 941 481 6281 APTIC Fl' MYERS. 141 004 3.... t:: ., c:J 6 (.,\:)n iU 613 .ml 714 Ut" ! ',0 om' ~\' . . ~. ¡QO~ cou·t: . , ¡:¡IOt. DEED made t:hl. Huch 3, 1915 by Mat § 9 itS aM ·7~ B~RRON co~LfER, J~" and 18^BEL oo~tlR READ '(herein.ft.tlr Clalled !;he nrantof")' who.o post cUice addr... J"hCI.~~· i. ,con c fill 0' ~,1tC\1I1 CClU.' 1. 3003 North ~&ml.ml Trail, Haple., rlo~id., joined by HARCUERI'l'E R. COLLIF.Jt. the vife of Barron Collier, Jr., and 1f:tLLJ:J\M 11. REJ\I), JR., tha hUB band of Isabel Collier Read (h.~einafter called the spou~.s) ~o COWRY Co~~O~TION, a Florida corporation (her.ina~ter c&11.4 ~. Orantee), whose poat otfice address is 3GS Pif~ A~enu. south, Naple., Florida. !!!!!E!!!!!' The çran~r. .and the Spouse., in con.ideration of th. aum of one Hundred Dollar. and other CJood .nd valuable con.1öeratlon, the receipt whereof 18 he~_Oy acknowledged, hereby grant, bargain. ..11, role... and oonqey ~ the Grante4, it..ucca..ore and a..igns forever, the fallowing described lands (hereinafter ca11ad .aid land.), .itua~, lying and being in Collier Coun~y, Sta~ of Florida. TOVnlhip SO south, Range 27 &Bat. De.cr!p'tion All excepc. road dqht- ot-vay ta~ State . ROad " (Al11qa~~ Allay) A1:J., exe.p't road rivht-of~ay fo~ state ROad 84 this Instrument w.. pr.p.rod by HaroJd S. Lynton, AttDrney .t L~ ~os. .ddroll I. 100 Pork Avenuo, N~ York, New York 10017 . - sec~lon 2 3 .. ......'. 11__1 ..-..,.-.....-"--" ".",.,~"'."""...,-_......_..-. TOGETHER WITH, PARCEL 9: THE WEST Yz OF THE NORTHWEST Y4 OF THE NORTHEAST Y4 OF THE NORTHEAST Y4 OF SECTION 13, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 10: THE NORTHWEST Y4 OF THE SOUTHEAST Y4 OF THE SOUTHEAST Y4 OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; TOGETHER WITH, PARCEL 11: THE SOUTHWEST Y4 OF THE SOUTHEAST Y4 OF THE SOUTHEAST Y4 OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA. .._....,."'_"'_...._.~,.."'".".,>.,,'."'..,..v_ EXHIBIT "A" ,( LL I: THE SOUTHWEST 1!4 OF THE SOUTHEAST I/¡ OF THE SOUTHWEST y¡ IN T¡O~ 20, TO\VNSHIP 50 SOUTH, RANGE 27 EAST OF COLLIER COUNTY, ìRJD;\: .ETHER WITH, l<CEl2: THE EAST !;i OF THE NORTHWEST 1!4 OF THE SOUTHEAST 14 OF THE ¡THEAST y¡ OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER ¡NTY. FLORIDA; \ ¡ETHER WITH, ¡WEL 3: THE WEST!;i OF THE NORTHEAST 14 OF THE SOUTHEAST '/¡ OF THE : TI !EAST 14 OF SECTION 12, TOWNSillP 50 SOUTH, RA.NGE 27 EAST OF COLLIER I :\ fY, FLORIDA; , ;ETHER WITH, :( 'EL 4: THE EAST !;i OF THE SOUTHEAST 14 OF THE SOUTHEAST :;4 OF THE r! lEAST 114 OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 27 EAST OF COLLIER : >HY. FLORIDA; i:TIIER WITH, :'.El.:5: THE WEST 1/2 OF THE SOUTHEAST 1!4 OF THE SOUTHEAST 1!4 OF THE ¡lJ[¡\ST 'I, OF SECTION 12, TOWNSHIP 50, RANGE 26 EAST OF COLLIER '·ny. FLORIDA; 'In [ER WITH :1. 6: THE SOUTHEAST 114 OF THE NORTHEAST :It OF THE NORTHEAST ';4 OF . I')'\j ¡ 3. TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, ::;D.\: !'HER WITH, U. 7: THE EAST 1,"2 OF THE SOUTHWEST 1!4 OF THE NORTHEAST ';4 OF THE ¡ JEAST '/~ OF SECTION 13, TOWNSHIP 50 SOUTH. RANGE 26 EAST OF COLLIER . 1''1'. FLORIDA; :HER WITH, 'T 3: THE EAST Y2 OF THE NORTHWEST ';4 OF THE NORTHWEST I,/.¡ OF THE : :. \ST II, OF SECTION 13, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF COLLIER .'.., FlORIDA: ~"~--..._-~"'~ PAVESE LAW FIRM CHARLES MANN (239) 336-6242 E-mail: CharlesMann@paveselaw.com 1833 HENDRY STREET, FORT MYERS, FLORIDA 33901 I P,O. DRAWER 1507, FORT MYERS, FLORIDA 33902-1507 I (239) 334-2195 I FAX (239) 332-2243 October 5,2005 Collier County Board of County Commissioners 3301 Tamiami Trail, E Naples, FL 34112 RE: Application by U.S. Home Corporation for Severance of Transfer of Development Rights Dear Sir/Madam: This letter is being written pursuant to the above referenced application for the Severance of Transfer of Development Rights. I am writing this letter on behalf of U.S. Home Corporation, the current owner of the sending lands (the "Property"). A legal description of the Property is attached to this letter as Exhibit "A". Please be advised that I have reviewed pertinent title policies for the Property, which policies are referenced by Ticor Title Insurance Company of Florida Policy No. 7110609-43269, effective June 16,2005 and Policy No. 7110609-4788, effective January 20,2005. I have also reviewed a title search of the property from January 20, 2005 to August 24, 2005 and examined affidavits from the Owner for the period from August 24, 2005 through September 12,2005. The above referenced documents revealed that there has been no prior severance ofTDR credits from the property and that the property is not subject to any conservation easement, deed restrictions or any other restrictions, easement. item or covenant that prohibits residential development, however, there is no insured right of access to the Property and Parcel}oí'1'¡att d Exhibit A is subject to oil, gas and mineral reservations, as recorded in Official ij' or s ok 613, at Page 714, of the Public Records of Collier County, Florid~, a cop t of,- i is attached to this letter. CM/mjc Enclosure cc: Client 4635 S. DEL PRADO BLVD. CAPE CORAL. FLORIDA 3."J()4 .221)'~::..~?-31~~3 18501 MURDOCK CIRCLE "ORT CHARLOTTE. FLORIDA 33948 ,9411 255-3095 4524 GUN CLUB ROAD WEST PALM BEACH, FwRIDA 33415 (5611471-1366 .,,,,,,,,,..,,,-.--...--.-,,., <u,_".~,..·",,~.,,____-·~-·"-···' ,-, 461 S. MAIN STREET LABELl.E_ "'LORIDA 33935 (86,3:'!7:; .S8~________ *** OR: 3903 PG: 3089 tt* i5~ï~3 Agent file Number: FL80S047 EXHIBIT "A" .:èt 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, Range 26 East T', Florida. ':.::/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, Range 26 East ,-', Florida. lle Southwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 50 South, ¡iller County, Florida. .he Southwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 50 South, . ¡iller County, Florida. ¡~e :-.J'ortheast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, iller County, Florida. '.~ ,\iortheast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 50 South, ':e:",C)unty, Florida. ''''''''-'''''-''~'''-''''''''''--''"'--'~~'--''''---'---+'~"",-'. ,.,...'", ,,",._,.-...,.,..,,~.~-_._-" ~ ~ Retn: PAVlSI LAII FIR!! , 0 BOI 1507 PT MTUS PL m02 1501 Return 10: PC1a J Gravina. Esqulcc Nom< Pavc:sc. fJavcrfic:Jd. ct aI. Address: COW1housc Box 18 3710440 OR:. 3903 PG: 3088 llCORDlD in the omCIAL molDS of COLLIBR COURTT. 1L 1010412005 at 02:08PM DWIGHT I. SIOCI. mil DC III DOC- . 10 18.50 .10 Thi3 tnstJUmaU was prcpan:d by: Peter J. Gravina. Esquire Name PAVESE LAW FIRM Address =~=No.:OO'-lI2.IZPOO2.) 604''3'7~GCOS 004\ 3, Z.~3' ooLJ I z. <q OXO:s:-¡ b0t..41 Ss 20007 j OC>4''-l''i (;)cJOO ~) OOc..4I"¡~"8t)(::~::n·, Ob4tb04booì¡ 00 '-It ?fø <{ CX::OZ 'J öc:>'-4,:2 o.g oc:::o 3 '8JJ H~Ddry Str«t rost om.. D..wu IS07 FORT MYERS, FLORIDA JJ902 Grantee S S. No. Grantee 5.5. No. THIS INDENTURE WMnwr laId "'rtin. ,''' I."" "party" shall InciI#Ú tItt lotI,., ptr.lONlI rtp"HniaIOlts, _auors and/or aulgru a/11M rtsptel"" part.... hutlo; ,'" IIU a/11M singw/ar nwnbtr IhaJJ InciI#Ú 11M p/waJ. aNi tItt plwal 11M singu/or; 11M lISt of any gtndtr shall irr<:/ude all gtndt,.; and. ifllMd. 11M It"" "nott' shall incll#Ú 01/ 11M notlS "'"in tkx:rihtd if mart than ant. Made this Æ- day of $ fJ-. ~ ,2005, Between, Peter J. Gravina, Trustee uDder Trust AgreemeDt dated the 28111 day of March, 2005, whose post office address is 1833 Hendry Street., Fort Myers, Florida 33901, party of the first part, and U.S. Home Corporation, a Delaware corporatioD, whose post office address is 1048' Six Mile Cypress Parkway, Fort Myers, Florida 33912, party of the second part. Witnesseth that said party of the tirst part, for and in consideration of the sum ofTEN AND NO/IOO DOLLARS, in hand paid by said party of the second part, the receipt whereof is hereby acknowledged, has remised, released and . these presents does remise, release and quitclaim unlo the said party of the seeo . terest claim and demand which the said party of the tirst part has in and @ ~ imate, lying and being in Collier County, Florida, to-wit: si ~I the appurtenances thereunto . t and claim whatsoever of the nefit and behoof of the said ./ (Seal) s,#'L/J/kr ¿ ~ Printed name of Witness # I ~~A~ Witness #2 J<cl'1d""; a K ~/~~r Printed name of Witness STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me is 1) day of \':' ~ V , 2005. by PETER J. GRA VfNA. TRUSTEE. who is personally known t me and who did not I;J,~ ( Notary \.1y (\lmml'ìSii...'n ExpIres _.,...--,--~.,_. i';' i\. -.- L Oet1Ðv ".. 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