Agenda 07/07/2015 Item # 9E7/7/2015 9.E.
EXECUTIVE SUMMARY
Recommendation to consider (1) An Ordinance Amending Ordinance Number 04-41, as amended,
the Collier County Land Development Code, which includes the comprehensive land regulations for
the unincorporated area of Collier County, Florida, by providing for: Section One, Recitals;
Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development
Code, more specifically amending the following: Chapter Two — Zoning Districts and Uses,
including Section 2.03.07 Overlay Zoning Districts; Chapter Three — Resource Protection,
including Section 3.05.02 Exemption From Requirements For Vegetation Protection And
Preservation, Section 3.05.07 Preservation Standards, Section 3.05.08 Requirement For Removal of
Prohibited Exotic Vegetation; Chapter Four — Site Design and Development Standards, including
Section 4.02.04 Standards for Cluster Residential Design, Section 4.06.02 Buffer Requirements,
4.06.05 General Landscape Requirements, 4.08.07 SRA Designation; Chapter Five — Supplemental
Standards Including Section 5.06.04 Development Standards for Signs in Nonresidential Districts;
Chapter Ten — Application, Review, and Decision - Making Procedures, including Section 10.02.04
Requirements for Preliminary and Final Subdivision Plats, Section 10.02.06 Requirements for
Permits, Section 10.02.07 Requirements for Certificates of Public Facility Adequacy, Section
10.03.06 Public Notice and Required Hearings for Land Use Petitions; Appendix A- Standard
Performance Security Documents for Required Improvements; Section Four, Conflict and
Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section
Six, Effective Date; (2) Providing direction to staff to update the land use procedures in the
Administrative Code for Land Development; and (3) The list of proposed 2015 Land Development
Code Amendments - Cycle 2.
OBJECTIVE: (1) To obtain the Board of County Commissioners (Board) approval of the
proposed 2015 Land Development Code (LDC) Amendments - Cycle 1 in order to serve the best
interest of the public; (2) To obtain Board direction to update land use procedures within the
Administrative Code for Land Development; and (3) To obtain Board approval for the proposed
2015 Land Development Code Amendment - Cycle 2 list.
CONSIDERATIONS:
(1) 2015 LDC Amendment - Cycle I
During the fall of 2014, the Board approved a prioritized list of amendments for the 2015 LDC
Amendment cycles. Cycle 1 LDC amendments have been prepared and vetted for adoption and
cover several main areas including:
Board Directed Amendments:
• An amendment to provide criteria when certain prohibited exotic vegetation may remain on
developed property.
• An amendment to improve commercial signage visibility and additional clarifications.
Privately Initiated Amendment:
• Ave Maria Development, LLLP submitted a privately initiated amendment which proposes to
allow for substantial and insubstantial changes to a Stewardship Receiving Area (SRA) and
deviations to the SRA Development Document once the SRA has been designated. The
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7/7/2015 9.E.
applicant proposes to remove SRA Economic Assessment's requirement for a report to be
provided at the end of each phase or every five years. Language related to the assessment
report is also proposed for deletion. In conjunction, public hearing and public notice
provisions are established for the new SRA amendment procedures.
Amendments Providing Flexibility:
• Allow the Immokalee Overlay interim deviations to remain in effect until more
comprehensive deviation provisions are adopted; and
• Remove the timeframe of Certificates of Public Facility Adequacy exemption for temporary
use permits and allow developers to transfer remaining funds of the estimated transportation
impact fees to the same or adjacent transportation district.
Clam cation and Scrivener's Error Amendments:
• Remove inconsistent language with regards to exemptions for single - family residences from
preservation standards;
• Clarify windows can be designed on a zero lot line portion of a residential dwelling unit
adjacent to an adjoining residential lot;
• Clarify slope treatment requirements do not apply to single family lots;
• Remove an inadvertent error in the criteria for a Minor Subdivision Plat;
• Correct errors in the Rural Land Stewardship Area Overlay Stewardship Receiving Areas
Characteristics Chart and clarify which uses are allowed but are not required for properties
designated in the SRAs;
• Revise the Coastal Construction Setback Line permit section to exempt environmental
restoration and Board - approved beach and inlet restoration projects; and
• Provide standard forms for performance bonds, Letters of Credit and agreements relating to
Excavation Work, Early Work Authorization, and Site Development Plans in Appendix A.
County Staff has worked with community members and advisory boards to develop and publicly
vet the proposed amendments. Beginning in the spring of 2015, LDC amendments were
presented and reviewed by the Development Services Advisory Committee - Land Development
Review subcommittee, the Development Services Advisory Committee, and the Planning
Commission. Please see the Summary Sheet, Attachment 1, for all advisory board
recommendations.
(2) Update to the Administrative Code for Land Development
The Administrative Code for Land Development contains land use approval procedures under
the LDC and updates are necessary based on the proposed LDC amendments. Updates would
include, in general, revisions to application submittal requirements and new sections for
Stewardship Receiving Areas. If directed by the Board, these updates will be brought forward for
Board consideration at a future meeting.
(3) 2015 Land Development Code Amendments - Cycle 2 List
The proposed 2015 Land Development Code Amendment - Cycle 2 list is provided in
Attachment 2. The Board approved a tentative list of 2015 LDC amendments last fall, however,
since that time additional amendments have been added and other amendments are no longer
needed. The proposed list is tentative in nature and provides a general work schedule for staff.
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The list is comprised of LDC amendments that have been identified by County Staff and
community members. Privately initiated amendments will also be accepted.
COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Planning
Commission reviewed and unanimously approved the proposed Cycle 1 LDC amendments at
two regularly scheduled hearings on May 21, 2015 and June 4, 2015.
FISCAL IMPACT: As noted for each individual amendment.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality. The Cycle
1 amendments require an affirmative vote of four for Board approval. The proposed Cycle 2 list
and updates to the Administrative Code require a majority vote for Board approval. - -SAS
GROWTH MANAGEMENT IMPACT: As noted for each individual amendment.
RECOMMENDATION: (1) That the Board approve the proposed ordinance for the proposed
2015 Land Development Code (LDC) Amendments - Cycle 1 and direct staff as to any changes;
(2) That the Board directs staff to update the land use procedures in the Administrative Code for
Land Development; and (3) That the Board approves the proposed 2015 Land Development
Code Amendment - Cycle 2 list.
Prepared By: Caroline Cilek, AICP, CFM, Land Development Code Manager, Growth
Management Department
Attachments: 1) Summary Sheet
2) Tentative List for the 2015 Land Development Code Amendments - Cycle 2
3) Proposed Ordinance
The LDC Amendment binders will be delivered to the Board on Friday, June 26, 2015.
The LDC Amendments scheduled to be presented on Tuesday, July 7, 2015 to the Board are
available to review:
http• / /www colliergov net/ ftp/ Ag _endaJuly07l5 /GrowthMizmt/Cycle %201 %2OReszular %2OAmen
dm ents %206- 25- 15.pdf
LDC Amendment binders for July 7, 2015 are available for viewing at the following locations:
1) The Business Center, Growth Management Building, 2800 North Horseshoe Dr., Naples, FL
34104
2) Minutes and Records Department, Clerk of the Circuit Court for the Board of County
Commissioners, 3299 Tamiami. Trail East, Suite 401, Naples, FL 34112
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COLLIER COUNTY
Board of County Commissioners
Item Number: 9.9.E.
Item Summary: Recommendation to consider (1) An Ordinance Amending Ordinance
Number 04 -41, as amended, the Collier County Land Development Code, which includes the
comprehensive land regulations for the unincorporated area of Collier County, Florida, by
providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of
Amendments to the Land Development Code, more specifically amending the following:
Chapter Two - Zoning Districts and Uses, including Section 2.03.07 Overlay Zoning Districts;
Chapter Three - Resource Protection, including Section 3.05.02 Exemption From Requirements
For Vegetation Protection And Preservation, Section 3.05.07 Preservation Standards, Section
3.05.08 Requirement For Removal of Prohibited Exotic Vegetation; Chapter Four - Site Design
and Development Standards, including Section 4.02.04 Standards for Cluster Residential Design,
Section 4.06.02 Buffer Requirements, 4.06.05 General Landscape Requirements, 4.08.07 SRA
Designation; Chapter Five - Supplemental Standards Including Section 5.06.04 Development
Standards for Signs in Nonresidential Districts; Chapter Ten - Application, Review, and Decision -
Making Procedures, including Section 10.02.04 Requirements for Preliminary and Final
Subdivision Plats, Section 10.02.06 Requirements for Permits, Section 10.02.07 Requirements
for Certificates of Public Facility Adequacy, Section 10.03.06 Public Notice and Required
Hearings for Land Use Petitions; Appendix A- Standard Performance Security Documents for
Required Improvements; Section Four, Conflict and Severability; Section Five, Inclusion in the
Collier County Land Development Code; and Section Six, Effective Date; (2) Providing direction
to staff to update the land use procedures in the Administrative Code for Land Development;
and (3) The list of proposed 2015 Land Development Code Amendments - Cycle 2.
Meeting Date: 7/7/2015
Prepared By
Name: CilekCaroline
Title: Manager - LDC, Growth Management Department
6/15/201.5 10:58:17 AM
Submitted by
Title: Manager - LDC, Growth Management Department
Name: CilekCaroline
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6/15/2015 10:58:18 AM
Approved By
Name: McLeanMatthew
Title: Project Manager, Principal, Growth Management Department
Date: 6/15/2015 2:41:57 PM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 6/16/2015 1:01:08 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/21/2015 10:25:31 AM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 6/22/2015 9:47:45 AM
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 6/22/2015 10:24:19 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/25/2015 5:04:07 PM
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 6/29/2015 12:04:28 PM
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7/7/2015 9.E.
2015 LDC Amendments — Cycle 1
Summary Sheet with Advisory Board and Board Recommendations
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DSAC -LDR Subcommittee
DSAC
CCPC
BCC
Recommendations
Recommendations
Recommendation
Recommendations
CDC Section(s)
Proposed Amendment Overview
April 6, 23, 29
May 6
May 21, June 4,
July 7
June 8
Origin: Growth Management
The proposed amendment provides
No changes, approved
Approved unanimously on
Approved unanimously
Department
for the use of the interim deviations
unanimously.
May 6.
on May 21.
Author: GMD Staff
for the Immokalee Urban Area until
1•
Section: 2.03.07 Immokalee
future Comprehensive Immokalee
Overlay LDC amendments are
Urban Overlay District
adopted.
Origin: Environmental
The proposed amendment deletes
No changes, approved
Approved unanimously on
Approved unanimously
Author: GMD Staff
conflicting language with regards to
unanimously.
May 6.
on May 21.
Section: 3.05.07 Preservation
exemptions for single - family
D. -
Standards
residences from preservation
standards.
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2015 LDC Amendments — Cycle 1
Summary Sheet with Advisory Board and Board Recommendations
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LDC Section(s)
Proposed Amendment Overview
DSAC -LDR Subcommittee
Recommendations
April 6, 23, 29
DSAC
Recommendations -
May 6
CCPC
Recommendation
May 21, June 4,
June 8
BCC
Recommendations
July 7
Origin: Board Directed
The proposed amendment provides
Approved unanimously with
Approved unanimously on
Approved unanimously
Author: GMD Staff
criteria when certain prohibited
the following changes:
May 6
on May 21.
Section: 3.05.08 Prohibited
exotic vegetation may remain on
Exotic Vegetation, 3.05.02
property when developed. Some
1) To section 3.05.08 D
Exemption From Vegetation
housekeeping measures are
"The County Manager or
Protection and Preservation
included to correct inconsistencies
designee shall approve such a
to single - family exemptions.
request upon finding that any
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of the following conditions
exist.
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met.
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This section has been revised
to read " "The County Manager
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or designee shall approve such
a request upon finding that no
less than one at least one of
the following criteria has been
met.,,
2) To section 3.05.08 D.1
"...in accordance with the
landscape requirements at the
time of permit approval. for
the County"
This change has been included
in the amendment.
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Summary Sheet with Advisory Board and Board Recommendations
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DSAC -LDR Subcommittee
OSAC
CCPC
BCC
Recommendations
Recommendations
Recommendation
Recommendations
LDC Section(s)
Proposed Amendment Overview
April 6, 23, 29
May 6
May 11, June 4,
July 7
June 8
Origin: Planning and Zoning
The proposed amendment
Approved unanimously with
Approved unanimously on
Approved unanimously
Author: GMD Staff
establishes that windows can be
the following
May 6.
on May 21.
Section: 4.02.04 Standards
designed on the zero lot line portion
recommendation:
For Cluster Residential Design
of a residential dwelling unit
Describe a zero lot line and
adjacent to an adjoining residential
explain windows previously on
lot.
zero lot lines could not meet
4,
fire code, but now can. It
questioned why PUDs are
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mentioned in 4.02.04. It is
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because cluster development
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is a design technique allowed
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within all residential zoning
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districts.
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2015 LDC Amendments — Cycle 1
Summary Sheet with Advisory Board and Board Recommendations
6/25/2015 Page 4 of 9
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DSAC -LDR Subcommittee
DSAC
CCPC
BCC
Recommendations
Recommendations;;
Recommendation
Recommendations
LDC Section(s)
Proposed Amendment Overview
April 6, 23, 29
May 6
May 21, June 4,
July 7
June 8
Origin: Engineering Dept.
The proposed amendment removes`
No changes, approved
Approved unanimously on
Approved unanimously
Author: GMD Staff
the limitation on the use of rip -rap
unanimously. However, the
May 6.
on May 21.
Section: 4.06.05 General
for rapid flow water management
Subcommittee requested staff
Landscaping Requirements —
areas or sloped areas with less than
follow up regarding, 1) the need
Rip-rap
p p
00 square feet and a maximum
for vines or ground cover when
height of 30 inches.
rip -rap is used, and 2) whether the
list of professionals permitted to
sign -off on engineered plans for
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vertical retaining walls should
?;
include a Landscape Architect.
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1) Staff has verified that vines or
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ground cover are not intended to
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be required for slopes using rip-
rap. The requirement to provide
p
lD -
80 percent coverage within 1 year
'
has been clarified in the
amendment.
2) Chapter 61610 - 15.001(7) of the
Florida Administrative Code
indicates that Landscape
Architects may practice the
"analysis and design of grading
and drainage, stormwater
management, irrigation, systems
for erosion and sediment control,
and pedestrian and vehicular
circulation systems where such
systems are pertinent to the
practice of landscape
architecture."
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Summary Sheet with Advisory Board and Board Recommendations
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DSAC -LOR Subcommittee
DSAC
CCPC
BCC
Recommendations
Recommendations
Recommendation
Recommendations
LDC Section(s)
Proposed Amendment Overview
April 6, 23, 29
May 6
May 21, June 4,
July 7
June 8
Origin: Engineering Dept.
The proposed amendment
Approved unanimously with
Approved unanimously on `
Approved unanimously
Author: GMD Staff
eliminates slope treatment
the following recommended
May 6.
on May 21.
Section: 4.06.05 General
requirements for single family lots.
change to section 4.06.05 J.1:
"Single family lots, however,
Landscaping Requirements —
this exception shall not apply
Slope Treatments
to berms within platted
easements; ". This change has
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been incorporated into the
-
�'
amendment. Additionally, it
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was recommended that grass
or sod should be added to the
W
ro
list of treatments for slopes
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that are no steeper than 3:1.
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This change was incorporated
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has been incorporated into the
amendment.
Origin: Board Directed
The proposed amendment corrects
Approved unanimously with
Approved unanimously on <
Approved unanimously
Author: GMD Staff
a scrivener error to the SRA
the following changes:
May 6.
on June 8.
Section: 4.08.07 SRA
Characteristic Chart and clarifies the
Revise table headers to read,
7
Characteristics Chart
uses that are not required for
"Uses Allowed But Not
properties designated in the
Required"
Stewardship Receiving Areas (SRA). -
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2015 LDC Amendments — Cycle 1
Summary Sheet with Advisory Board and Board Recommendations
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DSAC -LDR Subcommittee
DSAC
CCPC
BCC
Recommendations
Recommendations
Recommendation
Recommendations
LDC Section(s)
Proposed Amendment Overview
April 6, 23, 29
May 6
May 21, June 4,
July 7
June 8
Origin: Privately Initiated LDC
Ave Maria Development, LLLP
Approved unanimously with
Approved unanimously on
Approved unanimously
Amendment
submitted a privately initiated -
changes.
May 6.,
June 8 with the
Author:
amendment which proposes to
following
Section: 4.08.07 SRA
allow for substantial and
recommendations:
Designation
insubstantial changes to a
1) Add the 5 acre cap in
Stewardship Receiving Area (SRA) -
section 4.08.07 FA.b.3
and deviations to the SRA
and, consistent with
Development Document once the
the existing PUD
'—
SRA has been designated. In
t
addition, the applicant proposes to
processes.
2) Remove
3.
remove SRA Economic Assessment's
modifications to street
requirement for a report to be
cross sections in section
provided at end of each phase
4.08.07 F.4.d.3.d
n
or every five years. Related language
3) Remove references
is also proposed for deletion.
to "variation" in section
4.08.07 1-1.2.L
In conjunction, public hearing notice
4) Remove new figure
requirements have been established
6A.
for new amendment processes. See
5) Remove
the amendment to LDC section
strikethrough of section
10.03.06.
4.08.07 L.La.
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Summary Sheet with Advisory Board and Board Recommendations
Page 7 of 9
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LDC Section(s)
Proposed Amendment Overview
DSAC -LDR Subcommittee
Recommendations
April 6, 23, 29
OSAC
Recommendations
May 6
CCPC
Recommendation
May 21, June 4,
June 8
BCC
Recommendations
July 7
Origin: Board Directed
The proposed amendment provides
Approved unanimously with
Approved unanimously on
Approved unanimously
Author: GMD Staff
flexibility for Type D landscape
the following
May 6.
on June 4.
Section: 4.06.02, 4.06.05,
buffers to improve visibility of '
recommendation:
5.06.04 Sign Regulations and
shopping centers and commercial
Identify in the narrative one
on- premise signs. Signage provisions
canopy tree may be
Landscaping
are clarified and flexibility
substituted at the ratio of
introduced for directory signs.
three medium size trees for
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each canopy tree but for no
-
more than 40 percent of the
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required canopy trees within
the abutting right -of -way
landscape buffer strip. Identify
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in the narrative the previous
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reason for the 8 panel
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limitation which was to restrict
these signs to only buildings
with no more than 8 tenants.,
However there is no code
language regarding this
sentiment. Further, it is
important to note there is no
provision regulating the
content or text size within a
panel.
Origin: Engineering Dept.
The proposed amendment removes
No changes, approved
Approved unanimously on
Approved unanimously
Author: GMD Staff
an inadvertent error in the criteria
unanimously.
May 6.
on May 21.
Section: 10.02.04
for a Minor Subdivision Plat which
10.
Requirements for Preliminary
stipulates that a subdivision must
not be part of a Planned Unit
and Final Subdivision Plats
Development in order to request a
J
Minor Final Subdivision Plat.
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Summary Sheet with Advisory Board and Board Recommendations
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DSAC -LDR Subcommittee
DSAC
CCPC
BCC
Recommendations
Recommendations
Recommendation
Recommendations
LDC Section(s)
Proposed Amendment Overview
April 6, 13,19
May 6
May 21, June 4,
July 7
June 8
Origin: Environmental
The proposed amendment amends
Approved unanimously with
Approved unanimously on
Approved unanimously
Author: GMD Staff
the exemptions and uses that are ,
the following changes: 1) Add
May 6.
on May 21.
Section: 10.02.06
subject to the Coastal Construction
"Except as exempted in
Requirements for Permits —
Setback Line (CCSL) permit or
subsection 4 below." to the
CCSL Permits
variance.
first paragraph, and 2) Add to
the exemptions "The following
activities shall not require a
CCSL permit or plan approval
i
otherwise required by this
*
section."
� 1
Change 1 has been
incorporated into the
amendment. Change 2 was
J
not included as staff felt that
the language could appear to
exempt projects from required
plan approvals rather than
simply the CCSL permitting
-
portion of those plans and
could cause confusion.
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Summary Sheet with Advisory Board and Board Recommendations
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6/25/2015 CO
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DSAC -LDR Subcommittee
DSAC
CCPC
BCC
Recommendations
Recommendations
Recommendation
Recommendations
LDC Section(s)
Proposed Amendment Overview
April 6, 23, 29
May 6
May 21, June 4,
July 7
June 8
Origin: Transportation
The proposed amendment removes
No changes, approved
Approved unanimously on
Approved unanimously
Author: GMD Staff
the timeframe of COA exemptions
unanimously.
May 6.
on May 21.
Section: 10.02.07
for temporary use permits and
Requirements for Certificates
temporary construction and
of Public Facility Adequacy
development permits. Additionally,
the proposed amendment allows
11
applicants who hold a balance in
excess of the estimated
transportation impact fees to
T
transfer the remaining balance in
accordance with the Code of Laws
rQ
and Ordinances Sec. 74 -302.'
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Origin: Planning
This is a companion item to the
No changes, approved
Approved unanimously on
Approved unanimously
Ln
Commission /Privately
privately initiated LDCA.
unanimously.
May 6.
on June 4 with changes
Initiated LDCA Companion
for consistency with
Item
Public notice and hearing
SRA process and HEX
13.
Author: GMD Staff
requirements are being updated to
process.
reflect changes to the SRA
Section: 10.03.06 Public
provisions. Changes are consistent
Notice and Required Hearings
With similar application types.
for Land Use Petitions
Origin: Engineering Dept.
The proposed amendment adds
Approved unanimously with
Approved unanimously on
Approved unanimously
Author: GMD Staff
forms to Appendix A - Standard
the following changes:
May 6.
on June 8.
Section: Appendix A -
Performance Security Documents
Revise the introductory
14.
Standard Performance
for Required Improvements.
provision of each document to
be modeled off the Florida
Security Documents for
Statutes and read "The
Required Improvements
[vehicle] shall be substantially
as follows:"
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Planning and ZoningAmendinents
1 LDC Section 2.03.00 Amend the ACSC provisions to be consistent with State of
Florida statutes (GMPA must be accomplished first).
2 LDC Section 2.03.00
Amend square footage requirements for commercial uses in
C -2 through C -4.
3 LDC sections 2.03.00,
Amend the Group Housing/Assisted Living units provision to
5.05.04
allow for a conditional use when seeking a FAR greater than
0.45. Additional standards may apply.
4 LDC Section 5.04.00
Amend the Temporary Use section to address community
markets on private property.
5 LDC Section 5.06.00
Amend sign code to allow off - premise signs for sponsors on
stadium school signs and name /logo on scoreboards.
Evaluate use of trellises as signage and use of LED signs.
6 LDC Section 9.04.04
Address glitches within the After the Fact Variance criteria.
7 LDC Section 4.06.05
Require landscape buffers between single and multiple
residential land tracts upon re -plat or plat approval.
8 LDC Section 2.03.03,
2.03.06, 4.06.02, 4.06.05,
Correct cross references, conflicts, and scrivener's errors
5.05.08
9 LDC Section 10.02.03
Allow for architectural improvements through a Site
Development Plan - Insubstantial Change.
10 LDC Section 2.03.01
Remove agritourism from the list of conditional uses within
the Rural Agricultural zoning district.
1 1 LDC Section 5.05.05
Provide additional site design standards for facilities with
fuel pumps that have 16 or more fuel pumps that are located
within 250 feet of residential property. In addition, clarify
how the separation between facilities is measured in the
waiver request provision.
Engineering Amendments
12 LDC Section 3.02.10
Revise section to reflect the final subdivision construction
plans are to be consistent with the need to minimize flood
damage, rather than "subdivision plat ".
13 LDC Section 4.03.05 Amend house pad height requirements.
14 LDC Section 6.05.01 Review stormwater retention/detention design standards for
single- family dwelling units, two - family dwelling units, and
duplexes. Consolidate, coordinate, and identify what
requirements are required for residential vs. non - residential
development.
15 LDC Section 4.02.08, Address lighting, streetlight, and dark sky concepts in
6.06.03 commercial zoning districts.
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16
LDC Section 4.05. 10
Allow on- street parking for neighborhood mail kiosks and
local neighborhood parks.
17
LDC Section 10.02.11. A &
Remove conflict with street lights being prepared by an
6.06.03. D.1
engineer versus an electrical engineer.
18
LDC Sections 6.02.00
Remove specific Level of Service (LOS) language from the
LDC and reference the Capital Improvement Element.
19
All applicable LDC sections
Update the NAVD/NGVD requirements.
20
LDC Section 6.05.02
Revise and update the seawall provisions and include method
of construction.
21
LDC Section 10.02.05
Clarify the requirements for record drawings for site plans
and final subdivision plats
Environmental Amendments ,
k
22
LDC Section 3.05.07
Add flexibility to preserve signage requirements.
23
LDC Section 3.05.07
Identification of when preserves shall be identified.
24
LDC section 3.05.07
Amend the Conservation Collier land donation process.
Transportation Amendments '
25
LDC section 6.06.02
Amend sidewalk payment in -lieu provisions.
26
LDC section 6.06.02
Allow existing industrial parks to forgo sidewalks.
27
LDC Section 2.03.00 and
Provide allowances, regulations, and design criteria for on-
other applicable sections
street parking, in particular in Central Business Districts
(CBD) via a Right -of -Way permit (Immokalee, Bayshore
Gateway Triangle, etc.).
Other Divisions
28
LDC Section 2.06.00
Address criteria established in the Affordable/Essential
Services Personal housing Density Bonus section.
29
LDC Sections 5.05.12 and
Amend the site design standards for public utilities.
other applicable sections
Code of Laws and Ordinances
30
Sec. 2 -1156 —
Update provisions regarding Planning Commission powers
Establishment; Powers and
and duties for preliminary subdivision plats and any related
Duties. and other applicable
templates, charts or appendices.
sections.
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ORDINANCE NO. 15 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-
41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE LAND
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS;
SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION
OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE
SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 2 — ZONING
DISTRICTS AND USES, INCLUDING SECTION 2.03.07 OVERLAY
ZONING DISTRICTS; CHAPTER 3 — RESOURCE PROTECTION,
INCLUDING SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS
FOR VEGETATION PROTECTION AND PRESERVATION, SECTION
3.05.07 PRESERVATION STANDARDS, SECTION 3.05.08
REQUIREMENT FOR REMOVAL OF PROHIBITED EXOTIC
VEGETATION; CHAPTER 4 — SITE DESIGN AND DEVELOPMENT
STANDARDS, INCLUDING SECTION 4.02.04 STANDARDS FOR
CLUSTER RESIDENTIAL DESIGN, SECTION 4.06.02 BUFFER
REQUIREMENTS, SECTION 4.06.05 GENERAL LANDSCAPING
REQUIREMENTS, SECTION 4.08.07 SRA DESIGNATION; CHAPTER 5
— SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.06.04
DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL
DISTRICTS; CHAPTER 10 — APPLICATION, REVIEW, AND DECISION -
MAKING PROCEDURES, INCLUDING SECTION 10.02.04
REQUIREMENTS FOR PRELIMINARY AND FINAL SUBDIVISION
PLATS, SECTION 10.02.06 REQUIREMENTS FOR PERMITS, SECTION
10.02.07 REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY
ADEQUACY, SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED
HEARINGS FOR LAND USE PETITIONS; APPENDIX A - STANDARD
PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED
IMPROVEMENTS; SECTION FOUR, CONFLICT AND SEVERABILITY;
SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE.
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91 -102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June 22,
2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91 -102, as
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n
amended, the Collier County Land Development Code, which had an effective date of October
18, 2004; and
WHEREAS, the LDC may not be amended more than two times in each calendar year
unless additional amendment cycles are approved by the Collier County Board of
Commissioners pursuant to Section 10.02.09 A. of the LDC; and
WHEREAS, this amendment to the LDC is part of the first amendment cycle for the
calendar year 2015; and
WHEREAS, on March 18, 1997, the Board 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 an advertised public hearing on July 7, 2015, 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, this ordinance is adopted in compliance with and pursuant to the
Community Planning Act (F.S. § 163.3161 of seq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule
powers of Fla. Const. Art. VIII, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
n
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 Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
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1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community
Planning Act (herein after the "Act'), is required to prepare and adopt a comprehensive plan.
2. After adoption of the Comprehensive Plan, the Act and in particular §
163.3202(1). F.S., mandates that Collier County adopt land development regulations that are
consistent with and implement the adopted comprehensive plan.
3. Section 163.3201, F.S., 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.
4. Section 163.3194(1)(b), F.S., 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 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. Section 163.3202(3), F.S., 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 n
plan pursuant to the requirements of § 163.3161 et seq., F.S.
7. Section 163.3194(1)(a), F.S., 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 § 163.3194(3)(a), F.S., a development order or land development
regulation 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.
9. Section 163.3194(3)(b), F.S., states 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.
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10. On October 30, 1991, Collier County adopted the Collier County Land
Development Code, which became effective on November 13, 1991. The Land Development
Code adopted in Ordinance 91 -102 was recodified and superseded by Ordinance 04 -41.
11. Collier County finds that the Land Development Code is intended and necessary
to preserve and enhance the present advantages that exist in Collier County; to encourage the
most appropriate use of land, water and resources consistent with the public interest; to
overcome present handicaps; and to deal effectively with future problems that may result from
the use and development of land within the total unincorporated area 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; to prevent the overcrowding of land and avoid the undue concentration of population; to
facilitate the adequate and efficient provision of transportation, water, sewerage, schools,
parks, recreational facilities, housing and other requirements and services; to conserve,
develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect
human, environmental, social and economic resources; and to maintain through orderly growth
and development, the character and stability of present and future land uses and development
in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier County
Comprehensive Plan, Chapter 125, Fla. Stat., and ' Chapter 163, Fla. Stat., and through these
amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE
SUBSECTION 3. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING
DISTRICTS
Section 2.03.07 Overlay Zoning Districts, of Ordinance 04 -41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
2.03.07 Overlay Zoning Districts
* * * * * * * * * * * * *
G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District
with distinct subdistricts for the purpose of establishing development criteria suitable
for the unique land use needs of the Immokalee Community. The boundaries of the
Immokalee Urban Overlay District are delineated on the maps below.
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7. interim Deviations: Property owners within the Immokalee Urban Overlay
District may request deviations from specific dimensional requirements as
described in this section. A deviation request may be reviewed administratively
or by the Planning Commission depending upon its scope. This section
addresses the permissible deviations, limitations thereon, and the review
process.
f. Duration of these provisions. These provisions are interim in nature and
will be in effect until the effective date of–t#e
Comprehensive Immokalee Overlay LDC amendments ^F'^ FR9Rt `° fFGFn
jURe 11, 2010. AR e)deR6i9R 9f the .. -; may be oFaRted by the
SUBSECTION 3._ AMENDMENTS TO SECTION 3.05.02 EXEMPTIONS FROM
REQUIREMENTS FOR VEGETATION PROTECTION AND r�
PRESERVATION
Section 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation, of
Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation
x
F. The following exceptions shall apply when there are no bald eagle nests:
1. A vegetation removal permit for clearing 1 acre or less of land shall not be
required for the removal of protected vegetation, other than a specimen tree, on
lots subdivided for shy- single- family use en a parsel of landZened residential,
,
pursuant to LDC section 3.05.02 F.1.a. —c. This
exemption shall not apply to lots on undeveloped coastal barrier islands or in the
ST. ACSC -ST or RFMU overlay districts er to the -Rural CriRge M ed � , Di6tFhGt
a, a, � ,m
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when a higher native vegetation protection requirement may not allow for 1 full
acre of clearing.
a. A building permit has been issued for the permitted principal structure
(the building permit serves as the clearing permit); or
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; and
C. All needed environmental permits or management plans have been
obtained from the appropriate local, state and federal agencies. These
permits may include but are not limited to permits for wetlands impacts or
for listed species protection.
SUBSECTION 3. . AMENDMENTS TO SECTION 3.05.07 PRESERVATION STANDARDS
Section 3.05.07 Preservation Standards, of Ordinance 04 -41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
3.05.07 Preservation Standards
All development not specifically exempted by this ordinance shall incorporate, at a
minimum, the preservation standards contained within this section.
* * * * * * * * * * * * *
H. Preserve standards.
* * * * * * * * * * * * *
4. Exemptions.
b a. 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 this section 3.05.07 H., which were
adopted on or after June 19, 2003.
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SUBSECTION 3._ AMENDMENTS TO SECTION 3.05.08 REQUIREMENT FOR
REMOVAL OF PROHIBITED EXOTIC VEGETATION
Section 3.05.08 Requirement for Removal of Prohibited Exotic Vegetation, of Ordinance 04 -41,
as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
3.05.08 Requirement for Removal of Prohibited Exotic Vegetation
Prohibited exotic vegetation specifically includes the following:
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)
A. General.
1. Prohibited exotic vegetation removal and methods of removal shall be
conducted in accordance with the specific provisions of each local development
order.
2. Native vegetation shall be protected during the process of removing prohibited
exotic vegetation, in accord with the provisions of LDC section 3.05.04.
3. Prohibited exotic vegetation shall be removed from the following locations, and
within the following timeframes:
a. From all rights -of -way, common area tracts not proposed for
development, and easements prior to preliminary acceptance of each
phase of the required subdivision improvements.
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b. From each phase of a site development plan prior to the issuance of the
certificate of occupancy for that phase.
C. 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 facility.
d. 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.
4. 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.
5. Verification of prohibited exotic vegetation removal shall be performed by the
County Manager or
designee.
6. Herbicides utilized in the removal of prohibited exotic vegetation shall have
been approved by the U.S. Environmental Protection Agency. Any person who
supervises up to eight (8) people in the application of pesticides and herbicides in
the chemical maintenance of exotic vegetation in preserves, required retained
native vegetation areas, wetlands, or LSPA shall maintain the Florida Dept. of
Agriculture and Consumer Services certifications for Natural Areas Pesticide
Applicators or Aquatic Herbicide Applicators dependent upon the specific area to
be treated. 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.
B. Exotic vegetation maintenance plan. A maintenance plan shall be submitted to the
County Manager or designee 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 section. The desert
ow;Ge s diFeGte s field FepFese Rtative County Manager or designee shall inspect sites
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periodically after issuance of the certificate of occupancy, or other final acceptance, for
compliance with this section.
C. Applicability to new structures and to additions on single - family and two - family lots. In
addition to the other requirements of this section, 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. This shall not
apply to tents, awnings, cabanas, utility storage sheds, or screened enclosures not
having a roof impervious to weather. This shall not apply to interior remodeling of any
existing structure.
The removal of prohibited exotic vegetation shall be required in perpetuity. Upon
issuance of a vegetation removal permit, subiect to the provisions in LDC section
3.05.02 F and G. prohibited exotic vegetation may be removed Mem 'At[; 4.vhinh are
ZORed FesideRtial siRgle family (148F), estater, (E), village resideRtial (VR), and FnGbile
hems (MM), prior to issuance of a building permit.
D. Exceptions. Prohibited exotic veaetation may remain on property when the County
Manager or designee receives a request from the property owner to retain the
vegetation. The County Manager or designee shall approve such a request upon finding n
that at least one of the following criteria has been met.
1. The prohibited exotic vegetation has been previously approved through the
County development review process and planted in accordance with the
landscape requirements at the time of final local development order approval.
2. The subiect lot is developed with or proposed to be developed with a single
family dwelling unit, and:
a. is not within the RFMU Sending Lands overlav district: and
b. is not within a NRPA overlay district; and
C. is not located on a undeveloped coastal barrier island and
d. the vegetation requested to be retained is an existing Java plum tree(s)
that has attained a single -trunk diameter at breast heiaht (DBH) of 18
inches or more.
3. The prohibited exotic vegetation contains a nest of a bald eagle Where such
vegetation occurs within a bald eagle nest protection zone removal shall be in
accordance with the FWC Bald Eagle Management Plan and FWC Bald Eagle
Management Guidelines, or as otherwise permitted by the FWC and /or USFWS
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Where a bald eagle nest is determined to be "lost' as defined by the FWC, such
vegetation shall be removed as required by LDC section 3.05.08.
SUBSECTION 3._. AMENDMENTS TO SECTION 4.02.04 STANDARDS FOR
CLUSTER RESIDENTIAL DESIGN
Section 4.02.04 Standards for Cluster Residential Design, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
4.02.04 Standards for Cluster Residential Design
A. The purpose of a cluster development design technique is to provide a unique and
innovative alternative to t4a residential development in the RSF 1 through
6, RMF -6, PUD and VR districts by creating a more varied, efficient, attractive, and
economical residential development containing a more usable pattern of open space. It
is intended to implement the (GMP) by, among other things, encouraging compact urban
growth, discouraging urban sprawl, and encouraging the conservation of environmental
resources.
B. This section shall apply to all parcels of land under single ownership within the RSF 1
through 6, RMF -6, VR and PUD zoning districts which permit cluster development. See
LDC section 2.03.08 A.2 for clusterinq standards in RFMU receiving lands district.
D. Requirements for zero lot line developments:
1. The zero (0) lot line portion of the dwelling unit shall be void of doors of
m;eAd9WS where such wall is contiguous to an adjoining lot line.
SUBSECTION 3. AMENDMENTS TO SECTION 4.06.02 BUFFER REQUIREMENTS
Section 4.06.02 Buffer Requirements, of Ordinance 04 -41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
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4.06.02 Buffer Requirements
C. Table of bU#eF yaFds. Types of buffers. Within a required buffer strip, the following
alteMative- types of buffers shall be used based on the matrix in table 2.4. (See Figure
4.06.02.0 -1)
1. Type A Buffer. Ten - foot -wide landscape buffer with trees spaced
no more than 30 feet on center. When aa- A{teMative a Type A buffer is located
within a residential PUD and adjacent to a lake, the required trees may be
clustered on common property lines to provide a view of the lake. Clustered tree
plantings shall not exceed 60 feet between clusters.
2. Affexea6ve -9 Tvpe B Buffer: Fifteen - foot -wide, 80 percent opaque within one year
landscape buffer six feet in height, which may include a wall, fence, hedge,
berm or combination thereof, including trees spaced no more than 25 feet on
center. When planting a hedge, it shall be a minimum of ten gallon plants five
feet in height, three feet in spread and spaced a maximum four feet on center at
planting. When aR AltematiYe a Type B buffer is located within a residential PUD
and adjacent to a lake, the required plant materials may be clustered to provide
views. Clustered tree plantings shall not exceed 60 feet between clusters and the
clustered hedge plantings can be provided as a double row of shrubs that are a
minimum of 30 inches in height. When the adjacent lake exceeds 1,500 feet in
width the hedge planting shall not be required. When a community facility is
located within a residential PUD and abuts a residential unit, a Type B buffer
shall be required. When a fence or wall is used within the buffer a minimum of
50 percent of the trees and hedge plantings shall be located on the residential
side of the fence or wall.
3. Tvae C Buffer: 20- foot -wide, opaque within one year, landscape
buffer with a six -foot wall, fence, hedge, or berm, or combination thereof and
two staggered rows of trees spaced no more than 30 feet on center. Projects
located within the Golden Gate Neighborhood center district shall be exempt
from the right -of -way requirement of a six -foot wall, fence, hedge, berm or
combination thereof. These projects shall provide a meandering Type D
landscape buffer hedge. In addition, a minimum of 50 percent of the 25 -foot
wide buffer area shall be composed of a meandering bed of shrubs and ground
covers other than grass.
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4. Alternative D Tvpe D Buffer. A landscape buffer shall be required adjacent to
any road right -of -way external to the development project and adjacent to any
primary access roads internal to a commercial development. Said landscape
buffer shall be consistent with the provisions of the Collier County Streetscape
Master Plan, which is incorporated by reference herein. The minimum width of
the perimeter landscape buffer shall vary according to the ultimate width of the
abutting right -of -way. Where the ultimate width of the right -of -way is zero to
99 feet, the corresponding landscape buffer shall measure at least ten feet in
width. Where the ultimate width of the right -of -way is 100 or more feet, the
corresponding landscape buffer shall measure at least 15 feet in width. -
Developments of 15 acres or more and developments within an activity center
shall provide a perimeter landscape buffer of at least 20 feet in width regardless
of the width of the right -of -way. Activity center right -of -way buffer width
requirements shall not be applicable to roadways internal to the development.
{note: existing Figure 4.06.02 C. renamed and relocated to follow text of 4.04.02 C.4.el
a. Trees shall be spaced no more than 30 feet on center in the landscape
buffer abutting a right -of -way or primary access road internal to a
commercial development.
b. A continuous 3 gallon double row hedge spaced 3 feet on center of at
least 24 inches in height at the time of planting and attaining a minimum
of 3-feet 30 inches in height within in one year shall be required in the
landscape buffer where vehicular areas are adjacent to the road right -
of -way, pursuant to section 4.06.05 CA. The hedges shall be maintained
at maximum height of 36 inches.
C. Where a fence or wall fronts an arterial or collector road as described
by the transportation circulation element of the growth management plan,
a continuous 3 gallon single row hedge a minimum of 24 inches in height
spaced 3 feet on center, shall be planted along the right -of -way side of
the fence. The required trees shall be located on the side of the fence
facing the right -of -way. Every effort shall be made to undulate the wall
and landscaping design incorporating trees, shrubs, and ground cover
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into the design. It is not the intent of this requirement to obscure from
view decorative elements such as emblems, tile, molding and wrought
iron.
d. The remaining area of the required landscape buffer must contain only
existing native vegetation, grass, ground cover, or other landscape
treatment. Every effort should be made to preserve, retain and
incorporate the existing native vegetation in these areas.
e. Asignage visibility triangle may be created for non - residential on-
premises signs located as shown in Figure 4.06.02.0 -2 for Type D buffers
that are 20 feet or greater in width. The line of visibility shall be no
greater than 30 linear feet along road right -of -way line. Within the
visibility triangle, shrubs and hedges shall be required pursuant to LDC
section 4.06.05.D.4, except that hedges, shrubs, or ground cover located
within the signage visibility triangle shall be maintained at a maximum
plant height of 24 inches. Within the visibility triangle, no more than one
required canopy tree may be exempted from the Type D buffer
requirements.
(remainder of this page purposefully left blank}
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TYPES OF BUFFERS
CODE REQUIRED LANDSCAPE BUFFERS LDC 4.06.02.C.1. -4.
30' O.C.
TYPE 'A' BUFFER
#10 SHRUBS, 4' O.C. 60" HIGH AT PLANTAJ6
25*
TYPE 'B' BUFFER
DOUBLE ROW OF STAGGERED TREES
#10 SHRUBS, 4' O.C. 60' HIGH AT PLANTT46
30' O.C.
+ + + +
+ 20
TYPE 'C' BUFFER
DOUBLE ' STAGGERED HEDGEROW. #3 SHRUBS
30' O.C. 24" HIGH AT PLANTING 6 MAINTAINED AT 36"
TYPE ' D' BUFFER
VARIES--
VARIES
!O'- 1B' -20'
NOT': • FLEXIBILITY IN BUFFER PLANTING I5 ENCOURAGED. DEPENDING ON
ROW WiDT}i
TREES d SHRUBS MAY OCCUR ANY WHERE WITHIN BUFFER
AS LONG AS ON CENTER REQUIREMENT I5 MET.
• BUFFER MAY MEANDER AS LONG AS
SPECIFIED WIDTH IS MAINTAINED.
mrERaRED Dr. aFicE a w�aN!c nrrJ +EC»rRC.E suwwt
CWYUN�iv DEY[LOPNENi qND ENNRDNNENI�L SERNC:S pN51W
D/.1s: J /OY FILE'. LNJDS(:�PC BUFFERS.OwG
Figure 4.06.02 G-. C -1.
n
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Figure 4.06.02.0 -2. (Note: Figure does not include double row hedge)
n
SUBSECTION 3._ AMENDMENTS TO SECTION 4.06.05 GENERAL
LANDSCAPING REQUIREMENTS
Section 4.06.05 General Landscaping Requirements, of Ordinance 04 -41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
4.06.05 General Landscaping Requirements
D. Plant Material Standards.
4. Shrubs and hedges. Shrubs and hedges shall be installed and maintained at a
minimum height as specified in Section 4.06.02.C. except where visibility at
street and driveway intersections is required.-, and 2) where pedestrian access is
provided; or 3) where a signage visibility triangle for non - residential on- premise
signs per section 4.06.02 CA.e is utilized. Shrubs and hedges shall screen the
adjacent pavement surface or developed property required to be buffered
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and /or screened. Hedges, where required, shall be maintained so as to form a
continuous, unbroken, solid visual screen within a minimum of one year after
time of planting.
J.
4.0-65.0-554,
Treatment of slopes. The landscape and engineering standards in Slope Table 4.06.05
J and Slope Cross Sections 4.06.05 J shall apply to all landscape areas, except the
following:
10 Single family lots, however, this exception shall not apply to berms or swales
within platted easements:
2. Golf Courses: and
3. Berms or swales 2 feet in height or lower, if the slope ratio is no steeper than 3:1.
Slope Table 4.06.05 J.
Slope Ratio
Slope Treatment. See a. below.
No Steeper Than 4:1
Grass. See Figure 3 below.
Trees, Ground Covers, Ornamental Grasses, and Shrubs.
4 horizontal to 1 vertical
Trees, Ground Covers, Grass, Ornamental Grasses, and Shrubs.
See Figure 2 below.
No Steeper Than 3:1
Requires 50% percent surface coverage at time of installation and
(3 horizontal to 1 vertical)
80 percent coverage within 1 year and avoid soil erosion
Toe of slope shall be set back a minimum of 2 feet from sidewalks
and paved surfaces.
Rip -rap or other forms of erosion and scour protection. See Figure
1 below.
When used for water management systems within a required buffer
pursuant to LDC section 4.06.02 D, rip -rap or other forms of
erosion and scour protection are pPermitted only in concentrated,
No Steeper Than 2:1
(2 horizontal to 1 vertical)
rapid flow water management areas or sloped areas less than 200
square feet with a maximum height of 30 inches.
Siepes shall be stabilizedSlopes requiring stabilization with gee -
with ground covers or vines to -shall
rovide 80 percent coverage within 1 year.
Permanent slope stabilization systems are required on all slopes
steeper than 2:1 and no steeper than 1:1.
Stabilization systems shall require engineered plans signed and
sealed by a Professional Engineer, Architect, or Landscape
Architect registered in the state of Florida.
No Steeper Than 1:1
(1 horizontal to 1 vertical)
Stabilization systems if visible from any road, access, or residence
shall be set back from property line a minimum of 2 feet and be
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Slooe Table 4.06.05 J. Notes:
a. Slopes adjacent to required preserve areas shall be planted with 100% Florida
native species, shall provide swales to direct water flow away from preserves,
and meet setbacks as required by LDC section 3.05.07.H.3. of this - Cede:
b. Perimeter water management walls shall not exceed 3 feet in height and shall be
setback from property lines a minimum of 2 feet. In addition when water
management walls are located in landscape buffers the walls shall be consistent
with LDC section 4.06.02.D °f this Gede All water management walls shall be
landscaped to provide 80% opacity within 1 year. See Figure 4 below.
C. Water management areas with continuous vertical walls exceeding 20 feet in
length and /or open vaults are prohibited.
d. Vertical retaining wall requirements and standards do not apply to headwalls or
bridge abutments.
e. Architectural finish requires color, texture, and materials that are in common with
those used on surrounding structures. Exposed concrete walls are prohibited.
Natural appearance requires color, texture, and materials that mimic or occur in
nature.
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landscaped to provide 80% percent opacity within 1 year. In
addition when a system is located within a landscape buffer all
buffer plantings shall be located on the high or elevated side in a
minimum 5 foot wide planting area with a slope no greater than
10:1.
Stabilization systems shall not exceed 3 feet in height and shall not
be located on lake banks or in lake maintenance easements.
Set back requirements from sidewalks or paved surfaces shall be a
minimum of 2 feet.
Vertical Retaining Walls. See b, c, and d. below, See Also
Alternative A & B below.
Walls over 30 inches in height shall require engineered plans
signed and sealed by a Professional Engineer, Architect, or
Landscape Architect registered in the Sstate of Florida.
Wall shall be architecturally finished or provide a natural
Steeper Than 1:1
appearance. See e. below.
Walls if visible from any road, access, or residence shall be set
back from property line a minimum of 2 feet and be landscaped to
provide 80 percent opacity within 1 year. In addition when a wall
is located within a landscape buffer all buffer plantings shall be
located on the high or elevated side of the wall in a minimum 5 foot
wide pla ntin area with a slope no greater than 10:1.
Slooe Table 4.06.05 J. Notes:
a. Slopes adjacent to required preserve areas shall be planted with 100% Florida
native species, shall provide swales to direct water flow away from preserves,
and meet setbacks as required by LDC section 3.05.07.H.3. of this - Cede:
b. Perimeter water management walls shall not exceed 3 feet in height and shall be
setback from property lines a minimum of 2 feet. In addition when water
management walls are located in landscape buffers the walls shall be consistent
with LDC section 4.06.02.D °f this Gede All water management walls shall be
landscaped to provide 80% opacity within 1 year. See Figure 4 below.
C. Water management areas with continuous vertical walls exceeding 20 feet in
length and /or open vaults are prohibited.
d. Vertical retaining wall requirements and standards do not apply to headwalls or
bridge abutments.
e. Architectural finish requires color, texture, and materials that are in common with
those used on surrounding structures. Exposed concrete walls are prohibited.
Natural appearance requires color, texture, and materials that mimic or occur in
nature.
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Slope Cross Sections 4,06.015.01,
TREATMENT
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PLANTING
AREA
10:1 (MAX.)
///-''EXISTING
GANIANS f GROUND
NOT
PACE Or CABION SMALL 8E
PERIMETER BERM PLAWED 10 PRO'ADE BOX
OPACITY WITHIN ONE YEAR.
IF FACE 13 NOT PLANTED.
ALTERNATIVE "9' GABION SMALL BE SET, WK
2' MIN. FROM PROPERTY LINE
P
LACING
m1 (MAX.) -AREA
WWL T A"
W- EX STING
/-OUND
PERIMETER BERM
ALTERNATIVE "B"
NY.%.
PERIMETER BERM
ALTERNATIVE "C"
.T.S.
11 10:1 (VAX.) i 10:1 (WAX.) r.
mur
TREATMENT
TREATMENT
OLIND
TREATMENT EMKG
----- - - - - - - - - - - - - - - - - - - - -
PERIMETER BERM
ALTERNATIVE
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RIP RAP
2:1
GEO- TEXTILE FABRIC EXISTING
- - - - - - - - - � GROUND
FIGURE #1
N.T.S.
��
T LGROUND
EXISTING
FIGURE #2
N.T.S.
TURF
(GRASS
4.1 GROUND
EXISTING
FIGURE #3
N.T.S.
R
2'
X
Q
RETAINING EXISTING
i� WALL GROUND
FIGURE #4 - PERIMETER
WATER MANAGEMENT WALL
N.T.S.
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n SUBSECTION 3. AMENDMENTS TO SECTION 4.08.07 SRA DESIGNATION
Section 4.08.07 SRA Designation, of Ordinance 04 -41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
4.08.07 SRA Designation
D. SRA Designation Application Package. A Designation Application Package to support a
request to designate land(s) within the RLSA District as an SRA shall be made pursuant
to the regulations of the RLSA District Regulations. The SRA Application Package shall
include the following:
* * * * * * * * * * * * *
7. SRA Public Facilities Impact Assessment Report. An Impact Assessment Report
shall be prepared and submitted by the applicant as part of the SRA Application
for Designation of a of SRA. The SRA Impact Assessment Report shall address
the requirements of Section 4.08.07 K.
* * * * * * * * * * * * *
11. SRA Credit Agreement.
a. Any applicant for designation of an SRA shall enter into an SRA Credit
Agreement with the County.
b. The SRA Credit Agreement shall contain the following information:
(1) The number of SSA credits the applicant for an SRA designation
is utilizing and which shall be applied to the SRA land in order to
carry out the plan of development on the acreage proposed in the
SRA development Documents- i
(2) A legal description of the SRA land and the number of acres;
(3) The SRA master plan depicting the land uses and identifying the
number of residential dwelling units, gross leased le leasable
area of retail and office square footage and other land uses
depicted on the master plan;
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E. SRA Application Review Process.
* * * * * * * * * * * * *
6. Staff Report. Within ninety (90) days from the receipt of a sufficient application,
County staff shall prepare a written report containing their review findings and a
recommendation of approval, approval with conditions or denial. This timeframe
may be extended upon agreement of County staff and the applicant.
7. Public notice and required hearings shall be as established in LDC Section
10.03.06 M.
F. SRA Application Approval Process.
1. Public Hearings Required. The BCC shall review the staff report and
recommendations and the recommendations of the EAC and CCPC, and the
BCC shall, by resolution, approve, deny, or approve with conditions the SRA
Application only after advertised public notices have been provided and public
hearings held in accordance with LDC Section 10.03.06 M. the ellewiag
a P6111'G MeaFiRg Befere - the -F A(;, RpGemmPndatien to the -BSS The EAG
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* * * * * * * * * * * * *
4. SRA Amendments. Amendments to the SRA shall be considered in the same
manner as described in this Section for the establishment of an SRA, except as
follows.
a. Waiver of Required SRA Application Package Component(s). A waiver
may be granted by the County Manager or his designee, if at the time of
the pre - application conference, in the determination of the County
Manager or designee, the original SRA Designation Application
component(s) is (are) not materially altered by the amendment or an
updated component is not needed to evaluate the amendment. The
County Manager or designee shall determine what application
components and associated documentation are required in order to
adequately evaluate the amendment request.
b Substantial changes. Any substantial change(s) to an SRA Master Plan
or Development Document shall require the review and recommendation
of the Planning Commission and approval by the Board of County
Commissioners as a SRA amendment prior to implementation.
Applicants shall be required to submit and process a new application
complete with pertinent supporting data as set forth in the Administrative
Code For the purpose of this section a substantial change shall be
deemed to exist where:
(1) A proposed change in the boundary of the SRA;
(2) A proposed increase in the total number of dwelling units or
intensity of land use or height of buildings within the
development;
(3) A proposed decrease in preservation conservation, recreation or
open space areas within the development not to exceed 5
percent of the total acreage previously designated as such, or 5
acres in area;
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(4) A proposed increase in the size of areas used for nonresidential
uses, to include institutional, commercial and industrial land uses
(excluding preservation, conservation nor open spaces) or a
Proposed relocation of nonresidential land uses:
5) A substantial increase in the impacts of the development which
may include, but are not limited to increases in traffic generation:
changes in traffic circulation; or impacts on other public facilities;
(6) A change that will result in land use activities that generate a
higher level of vehicular traffic based upon the Trip Generation
Manual published by the Institute of Transportation Engineers:
(7) A change that will result in a requirement for increased stormwater
retention, or will otherwise increase stormwater discharges;
(8) A change that will bring about a relationship to an abutting land
use that would be incompatible with an adiacent land use:
(9) Any modification to the SRA master plan or SRA document which
is inconsistent with the Future Land Use Element or other element
of the Growth Management Plan or which modification would
increase the density or intensity of the permitted land uses:
(10) Any modification in the SRA master plan or SRA document which
impact(s) any consideration deemed to be a substantial
modification as described under this LDC Section 4.08.07.
C. Insubstantial change determination An insubstantial change includes
any change that is not considered a substantial or minor change An
insubstantial change to an approved SRA Development Document or
master plan shall be based upon an evaluation of LDC subsection
4.08.07 F.4.b., above and shall require the review and approval of the
Hearing Examiner or Planning Commission The approval shall be based
on the findings and criteria used for the original application and be an
action taken at a regularly scheduled meeting
(1) The applicant shall provide the Planning and Zoning Department
Director documentation which adequately describes the proposed
changes as described in the Administrative Code
b-d. Approval of Minor Changes by County Manager or Designee. County
Manager shall be authorized to approve minor changes and refinements
to an SRA Master Plan or dDevelopment Document upon written request
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of the applicant. Minor changes and refinements shall be reviewed by
appropriate County staff to ensure that said changes and refinements are
otherwise in compliance with all applicable County ordinances and
regulations prior to the County Manager or designee's consideration for
approval. The following limitations shall apply to such requests:
(1) The minor change or refinement shall be consistent with the RLSA
Overlay, the RLSA District Regulations, and the SRA
development Document's amendment provisions.
(2) The minor change or refinement shall be compatible with
contiguous land uses and shall not create detrimental impacts to
abutting land uses, water management facilities, and
conservation areas within or external to the SRA.
(3) Minor changes or refinements, include but are not limited to:
(a) Reconfiguration of lakes, ponds, canals, or other water
management facilities where such changes are consistent
with the criteria of the SFWMD and Collier County;
(b) Internal realignment of rights -of -way, other than a
�. relocation of access points to the SRA itself, where water
management facilities, preservation areas, or required
easements are not adversely affected; and
(c) Reconfiguration of parcels when there is no encroachment
into the conservation areas or lands with an Index Value of
1.2 or higher_;
e-e. Relationship to Subdivision or site Development Approval. Approval by
the County Manager or designee of a minor change or refinement may
occur independently from, and prior to, any application for subdivision or
Site dDevelopment Document plan approval. However, such approval
shall not constitute an authorization for development or implementation
of the minor change or refinement without first obtaining all other
necessary County permits and approvals.
* * * * * * * * * * * * *
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H. Development Document. Data supporting the SRA Master Plan, and describing the
SRA application, shall be in the form of a dDevelopment Document that shall consist of
the information listed below, unless determined at the required pre - application
conference to be unnecessary to describe the development strategy.
* * * * * * * * * * * * *
2. The document shall identify, locate and quantify the full range of uses, including
accessory uses that provide the mix of services to, and are supportive of, the
residential population of an SRA or the RSLA District, and shall include, as
applicable, the following:
* * * * * * * * * * * * *
k. Design standards for each type of land use proposed within the SRA.
Design standards shall be consistent with the Design Criteria contained in
Section 4.08.07 J.;
I. The Development Document including any amendments may request
deviations from the LDC. The Development Document application shall
identify all proposed deviations and include iustification and any proposed
alternatives. See LDC section 4 08 07 J.8 for the deviation requirements
and criteria. n
M. The proposed schedule of development, and the sequence of phasing or
incremental development within the SRA, if applicable;
* * * * * * * * * * * * *
S. Development commitments for all infrastructure;
t. When determined necessary to adequately assess the Gompatability
compatibility of proposed uses within the SRA to existing land uses,
their relationship to agriculture uses, open space, recreation facilities, or
to assess requests for deviations from the Design Criteria standards, the
County Manager or #is— designee may request schematic architectural
drawings (floor plans, elevations, perspectives) for all proposed
structures and improvements, as appropriate;
U. Development Document amendment provisions; and,
V. Documentation or attestation of professional credentials of individuals
preparing the development document.
* * * * * * * * * * * *
*
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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 §§
163.3177 (11), F.S. and Chapter 9J- 5.006(5) (1), F.A.C.. 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 d-- Density Rating System of the FLUE Future Land
Use Element. 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.L-Objectives� and Policies, of the
�--, RLSA Overlay. All SRAs designated pursuant to this Section shall be consistent
with the characteristics identified on the Collier County RLSA Overlay SRA
Characteristics Chart and the design criteria set forth in 2. through 6. below.
a. SRA Characteristics Chart consists of the following Tables: A - Town, B -
Village, C - Hamlet, D.1 - Compact Rural Development: 100 Gross Acres
or Less and D.2 - Compact Rural Development: Greater than 100 Gross
Acres.
Divemity ef s4R@4e i i I
fam}l-a MUM I SiRgle Fant y atE &Rgie family dRd ( Sfflgl9 l2ffiFly -aR4
4FP+ ed M,-It}- j 11moted M.-iltl- f Ii.M+ted a.-Ai-
ty�eset� #a
6 Z96
i
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n
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PAdA6WAA ;Ze�e6tf1aF1
to se4lestef of Pathways I pathways
aF e�ia4 c uestpiaF, TF ls I Fin es #i ^ T'°i'°
J#eFSeRaested
sldewallF -R4
pathway system
€q6ie6tF*aa TFa+ts
Gqwnty Fay
aesess
T-9WR6 aFe pmhibited within the AGSG, pel�-%49R 4.09.07 A.2. ef this Gede.
.*
25,
* *.
.
* * ** These GRDs that 'Re'ude GiRgle 9F FnUlti family FesidBRtial uses shall 'RG'ude pmpqrtieRate suppeFt sepv'Ges.
(remainder of this page purposefully left blank)
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Table A - Town
Typical
Characteristics
Town
(Towns are prohibited within the ACSC, per LDC section 4.08.07 A.2.b.)
Size (Gross Acres )
1,000 -4,000 acres
Residential Units
1 -4 DUs per gross acre
(Density can be increased beyond the base density through the
(DUs) per gross
acre base density
affordable workforce housing density bonus or through the density
blending provision, per RLSA polic
14.7 in the FLUE of the GMP.
Required Uses
Uses Allowed But Not
Re wired
Residential Housing
Full range of single family and multi -
St les
family housin2 types, styles. lot sizes
Maximum Floor
Area Ratio or
Intensity
Retail & Office -.5
Manufacturing /Light
Industrial - .45
Civic /Governmental /Institution - .6
Grou Housin -.45
Transient Lodain - 26 upa net
Goods and Services
Town Center with Communitv and
Corporate Office, Manufacturing
Neighborhood Goods and Services in
Town and Village Centers: Minimum
and Light Industrial
65 SF gross building area per DU
Water and
Wastewater
Centralized or decentralized
community treatments stem
Interim Well and Septic
Recreation and
Open Space
Community Parks (200 SF /DU
Active Recreation /Golf Courses
Parks & Public Green Spaces w/n
Nei hborhoods
Lakes
Open Space Minimum 35% of SRA
Civic, Governmental
Wide Range of Services - minimum
Full Range of Schools
and Institutional
15 SF /DU
Services
Transportation
Auto - interconnected system of
collector and local roads; required
connection to collector or arterial
Interconnected sidewalk and
pathwav system
County Transit Access
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Table B - Village
Typical
Characteristics
Village
Size (Gross Acres)
100 -1.000 acres
(Villages within the ACSC are subject to location and size limitations per
LDC section 4.08.07.A.2. and are subject to Chapter 28 -25. FAC. )
Residential Units
(DUs) per gross acre
1 -4 DUs per gross acre
(Density can be increased beyond the base density through the
affordable workforce housinq density bonus or through the density
base density
blendinq prow Ision. pe r RLSA policy 4.7 in the FLUE of the GMP.
Required Uses
Uses Allowed But Not
Required
Residential Housing
Diversity of single family and multi -
St les
housin g types, styles. lot sizes
Maximum Floor Area
-family
Retail & Office - .5
Group Housing - .45
Ratio or Intensity
Civic /Governmental /Institution - .6
Transient Lod in - 26 u a net
Goods and Services
Village Center with Neighborhood
Goods and Services in Village
Centers: Minimum 25 SF gross
building area per DU
Water and
Wastewater
Centralized or decentralized
community treatments stem
Interim Well and Septic
Recreation and
Open Space
Parks & Public Green Spaces w/n
Active Recreation /Golf Courses
Neighborhoods (minimum 1 % of
gross acres
Lakes
Open Space Minimum 35% of SRA
Civic, Governmental
Moderate Range of Services -
Full Range of Schools
and Institutional
minimum 10 SF /DU
Services
Transportation
Auto - interconnected system of
Equestrian Trails
County Transit Access
collector and local roads; required
connection to collector or arterial
Interconnected sidewalk and
pathway system
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Table C — Hamlet
Typical
Characteristics
Hamlet
Size (Gross Acres)
40 -100 acres
(Hamlets within the ACSC are subject to location and size limitations
per LDC section 4.08.07.A.2. and are subject to Chapter 28 -25 FAC.)
Residential Units
(DUs) per gross acre
base density
1/2 -2 DUs per gross acre
(Density can be increased beyond the base density through the
affordable workforce housing density bonus or through the density
blending rovision. per RLSA po/icZ 4.7 in the FLUE of the GMP.
Required Uses
Uses Allowed But Not
Required
Residential Housing
Single Family
Limited Multi - family
Styles
Maximum Floor Area
Civic /Governmental/
Institution - .6
Ratio or Intensity
Retail & Office -.5
Group Housing - .45
Transient Lodging - 26 u a net
Goods and Services
Convenience Goods and Services:
M_ inimum 10 SF gross building area
per DU
Water and
Wastewater
Individual Well and Septic System
Centralized or decentralized
community treatments stem
Recreation and Open
Public Green Space for
Neighborhoods (minimum 1% of
Space
ross acres
Civic, Governmental
Limited Services
and Institutional
Services
Pre -K through Elementary
Schools
Transportation
_Auto - interconnected system of local
Equestrian Trails
roads
Pedestrian Pathways
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Table D.1- Compact Rural Development —100 Gross Acres or Less In Size
Typical
Characteristics
Compact Rural Development -100 Gross Acres or Less
(Compact Rural developments within the ACSC are subiect to
location and size limitations, LDC section 4.08.07.A.2. of this Code,
and are subiect to Chapter 28 -25, FAC.)
Residential Units (DUs)
1/2 -2 DUs per gross acre
(Density can be increased beyond the base density through the
per gross acre base
density
affordable workforce housing density bonus or through the density
blending provision, per RLSA policy 4.7 in the FLUE of the GMP. )
Required Uses
Uses Allowed
But Not Re uired'
Residential Housing
Styles
Single Family and limited multi-
family (Those CRDs that include
single or multi - family residential
uses shall include proportionate
support services. )
Maximum Floor Area
Ratio or Intensity
Retail & Office -.5
Civic /Governmental /Institution -
.6
Group Housing -.45
Transient Lodging - 26 upa net
Goods and Services
Convenience Goods and
Services: Minimum 10 SF gross
building area per DU
Water and Wastewater
Individual Well and Septic
System
Centralized or decentralized
community treatment system
Recreation and Open
Space
Public Green Space for
Neighborhoods (minimum 1% of
gross acres)
Civic, Governmental
and Institutional
Services
Limited Services
Pre -K through Elementary
Schools
Transportation
Auto - interconnected system of
Equestrian Trails
local roads
Pedestrian Pathways
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Table D.2 - Compact Rural Development — Greater Than 100 Gross Acres In Size
x = T
Characteristics =,
Compact Rural Development G`
rester Than�:lfl0 Gross►cres
(Compact Rural developments within the ACSC are subiect to location and
size limitations, LDC section 4.08.07.A.2. of this Code, and are subiect to
Chapter 28 -25, FA C.)
Residential Units (DUs)
per gross acre base
density
1 -4 DUs per gross acre
tensity can be increased beyond the base density through the affordable
workforce housing density bonus or through the density blendinq provision,
per RLSA policy 4.7 in the FLUE of the GMP. )
Required Uses
Uses Allowed
But Not Re uired
Residential Housinq
Styles
Single Family and limited multi - family
(Those CRDs that include single or
multi - family residential uses shall
include proportionate support
services.
Maximum Floor Area
Ratio or Intensity
Retail & Office -.5
Civic /Governmental /Institution - .6
Group Housinq - .45
Transient Lodging - 26 upa net
Goods and Services
Village Center with Neighborhood
Goods and Services in Village
Centers: Minimum 25 SF gross
building area per DU
Water and Wastewater
Centralized or decentralized
community treatment system
Interim Well and Septic System
Recreation and Open
Space
Parks & Public Green Spaces w/n
Active Recreation /Golf Courses
Neighborhoods (minimum 1% of
gross acres)
Lakes
Open Space Minimum 35% of SRA
Civic, Governmental and
Moderate Range of Services -
minimum 10 SF /DU
Institutional Services
Pre -K through Elementary Schools
Transportation
Auto - interconnected system of
collector and local roads: required
Equestrian Trails
connection to collector or arterial
Interconnected sidewalk and
County Transit Access
Pathway system
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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 County Transportation Services may
approve additional cross - sections as needed to meet the design
objectives. Deviations from the cross sections set forth in Figures 1 -18
may be requested in the SRA Development Document or an amendment
to the SRA Development Document. Please see LDC section 4.08.07
J.8 for the deviation requirements and criteria.
(1) Figure 1: Town Core /Center.
2. Town Design Criteria.
a. General design criteria.
ix. Shall provide sufficient transition to the adjoining use, such as
active agriculture, pasture, rural roadway, etc., and Gempatability
compatibility through the use of buffering, open space, land
use, or other means;
X. 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;
A. May include the Context Zone of Neighborhood Edge; and
xii. 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.
xiii. To the extent that section 5.05.08 is applicable within the Urban
designated area, SRA Architectural Design Standards shall
comply with the provisions of section 5.05.08, unless additional or
different design standards that deviate from section 5.05.08, in
whole or part, are submitted to the County as part of the SRA f►e
lator +�TneR the first SRA Sate aDevelopment Document
or any amendment to the SRA Development Document. -is
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See LDC section 4.08.07 J.8 for the
deviation requirements and criteria.
xiv. To the extent that section 4.06.00 is applicable within the Urban
designated area, SRA Landscape Design and Installation
Standards shall comply with the provisions of section 4.06.00,
unless additional or different design and installation standards that
deviate from section 4.06.00, in whole or in part, are submitted to
the County as part of the F►e dater + ", =:T;eg * "mot -SRA Site
dDevelopment Document play► or any amendment to the SRA
Development Document. is submitted f9F appmva4. Please see
LDC section 4.08.07 J.8 for the deviation requirements and
criteria.
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.
i. 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 distance. The Core shall be a primary pedestrian
zone with buildings 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 off street in the rear of buildings within lots or parking
structures. Signage shall be pedestrian scale and designed to
sit complement 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
subject 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, terminating vistas and
significant community landmarks.
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iii. 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:
d) The SRA dDevelopment 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.
iv. Neighborhood Edge (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:
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 feet
with lot dimensions and setbacks to be further defined
with the SRA development Document.
V. 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,
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medical parks and resorts that require unique development
standards to ensure sempa °tab I 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.
a. General criteria.
vi. 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 sempatabit+ty- compatibility through the
use of buffering, open space, land use, or other means.
vii. Shall allow signs 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.
viii. To the extent that section 5.05.08 is applicable within the Urban
designated area, SRA Architectural Design Standards shall
comply with the provisions of section 5.05.08, unless additional or
different design standards that deviate from section 5.05.08, in
whole or part, are submitted to the County no later than when the
first SRA Site dDevelopment Document ip4aff is submitted for
approval.
ix. To the extent that section 4.06.00 is applicable within the Urban
designated area, SRA Landscape Design and Installation
Standards shall comply with the provisions of section 4.06.00,
unless additional or different design and installation standards that
deviate from section 4.06.00, in whole or in part, are submitted to
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the County no later than when the first SRA Site dDevelopment
Document ptan- is submitted for approval.
8. Requests for Deviations from the LDC. The SRA Development Document or any
amendments to the SRA Development Document may provide for
nonprocedural deviations from the LDC, provided that all of the following are
satisfied:
a. The deviations are consistent with the RLSA Overlay; and
h. The deY;ati9RG f'rthP-r th9- RI SA D'6trint Regulatiens end_aFe __.._._tent
r and
sb. It can be demonstrated that the proposed deviation(s) further enhance the
tools, techniques and strategies based on principles of innovative
planning and development strategies, as set forth in §§ 163.3177 (11),
F.S. F.A.G.
* * * * * * * * * * * * *
L. SRA Economic Assessment. An Economic Assessment meeting the requirements of this
Section shall be prepared and submitted as part of the SRA Designation Application
n Package. At a minimum, the analysis shall consider the following public facilities and
services: transportation, potable water, wastewater, irrigation water, stormwater
management, solid waste, parks, law enforcement, emergency medical services, fire,
and schools. Development phasing and funding mechanisms shall address any adverse
impacts to adopted minimum levels of service pursuant to the Chapter 6 of the LDC.
1. Demonstration of Fiscal Neutrality. Each SRA must demonstrate that its
development, as a whole, will be fiscally neutral or positive to the Collier County
tax base;.
This demonstration will be made for each
unit of government responsible for the services listed below above, using one of
the following methodologies:
a. Collier County Fiscal Impact Model. The fiscal impact model officially
adopted and maintained by Collier County.
b. Alternative Fiscal Impact Model. If Collier County has not adopted a fiscal
impact model as indicated above, the applicant may develop an
alternative fiscal impact model using a methodology approved by Collier
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County. The BCC may grant exceptions to this policy of fiscal neutrality to
accommodate affordable or workforce housing.
2. M91;itering RegairemeRt. Teasswe fiscal- ReatFalitT the deyelepew ef the c°^
"
above.
3-2. Imposition of Special Assessments. If the Report identifies a negative fiscal
impact of the project to a unit of local government referenced above, the
landowner will accede to a special assessment on his property to offset such a
shortfall or in the alternative make a lump sum payment to the unit of local
government equal to the present value of the estimated shortfall #sra — peFied
The BCC may grant a waiver
to accommodate affordable housing.
4-3. Special Districts Encouraged in SRAs. The use of community development
districts (CDDs), Municipal Service Benefit Units (MSBUs), Municipal Service
Taxing Units (MSTUs), or other special districts shall be encouraged in SRAs.
When formed, the special districts shall encompass all of the land designated for
development in the SRA. Subsequent to formation, the special district will enter
into an Interlocal Aagreement with the County to assure fiscal neutrality. As
outlined above, if the monitoring reveals a shortfall of net revenue, the special
district will impose the necessary remedial assessment on lands in the SRA.
SUBSECTION 3._ AMENDMENTS TO SECTION 5.06.04 DEVELOPMENT
STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS
Section 5.06.04 Development Standards for Signs in Nonresidential Districts, of Ordinance 04-
41, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
5.06.04 Development Standards for Signs in Nonresidential Districts
C. Development standards.
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1. The maximum size limitation shall apply to each sign structure or sign area,
whichever is applicable. Pole or ground signs may be placed back to back or in
V -type construction, when both sides bear the same graphic display; then such
sign structure shall be considered as one sign.
7. The permit aad or application number shall be displayed or affixed at the base of
the sign structure and shall have the same life expectancy as the sign. Such
permit number shall be clearly legible to a person standing 5 feet in front of the
base of the sign and, in no case, shall the permit number be less than '/2 inch in
height.
10. For any ground sign over 32 sq. feet or over 8 feet in height, construction
drawings shall be certified by a Florida registered engineer or a Florida registered
architect. The construction drawings shall contain the plans and specifications,
the method of construction, and the method of attachment to the building or the
ground for pole signs and all projecting signs.
11. Sian area shall be no lower than 24 inches above grade.
* * * * * * * * * * * * *
F. On- premise signs. On- premises pole signs, ground signs, projecting signs, wall
signs, and mansard signs shall be allowed in all nonresidential zoning districts subject
to the restrictions below:
1. Pole or ground signs. Single- occupancy or multiple- occupancy parcels, having
frontage of 150 feet or more on a public street, or combined public street
frontage of 220 linear feet or more for corner lots, shall be permitted one pole or
ground sign. Additional pole or ground signs maybe permitted provided that
, each sign is
separated by a minimum of 1,000 feet as measured along the street frontage,
and all setback requirements are met. ka ^° Gase shall the ^wnbeF °f pele °+
* * * * * * * * * * * *
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f. Ground signs for smaller lots. Single occupancy or multiple occupancy
parcels shall be allowed 1 ground sign provided the following minimum
requirements, as applicable, are met:
i. For those lots or parcels with public road frontage of no less
than 440 75 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
corner lots or parcels:
a) No portion of the ground sign may be located closer than
10 feet from any property line.
b) A landscaping area of no less than 100 square feet shall
be provided around the base of the ground sign.
C) The ground sign design shall include features common to
those used in the design of the building(s) to which the
sign is accessory.
d) The ground sign may be double -sided but cannot be
placed in a V- shape.
e) Any illumination of the sign shall be non - revolving and
shine away from any right -of -way., unless otherwise
provided for in this section. An electrical permit is required
and the sign shall meet the standards of the National
Electric Code, as adopted by Collier County.
f) The Official Address Numbers and /or the range of Official
Address Numbers for the property shall be displayed in
numerals at least 8 inches high on all of the sign faces
and shall be located so as to not be covered by
landscaping or other impediments; Address numbers shall
not count as sign message or graphics, unless address
numbers exceed 12 inches in height.
g) No other freestanding signs shall be allowed on the same
lot or parcel.
ii. Maximum height and sign area.
a) 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 corner lots or parcels but less than 219.9
feet:
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a-�i� 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
iii The maximum allowable sign area is 32 square
feet.
For those lots or parcels with frontage of a-W
75 to 120.9 feet:
a)-] The ground sign shall be limited to 6 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}-II The maximum allowable sign area is 16 square
feet.
* * * * * * * * * * * *
3. Directory Signs. Multiple- occupancy parcels or multiple parcels developed
under a unified development plan, with a minimum of 8 independent units, and
containing 25,998- 20,000 square feet or more of leasable floor area will shall be
permitted 1 directory sign at one entrance on each public street.
a. The maximum height for directory signs is limited to 20 feet. Height shall
be measured from the lowest centerline grade of the nearest public or
private right -of -way or easement to the uppermost portion of the sign
structure.
b. Directory signs shall not be closer than 4-5-10 feet from the property line,
unless otherwise noted below or as provided for in section 9.03.07.
C. Maximum allowable sign area: 4-50-200 square feet for directory signs.
d. A minimum 100 square foot landscaping area shall be provided around
the base of any directory sign.
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SUBSECTION 3. AMENDMENTS TO SECTION 10.02.04 REQUIREMENTS FOR
PRELIMINARY AND FINAL SUBDIVISION PLATS
Section 10.02.04 Requirements for Preliminary and Final Subdivision Plats, of Ordinance 04 -41,
as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
10.02.04 Requirements for Preliminary and Final Subdivision Plats
D. General Requirements for a Minor Final Subdivision Plat (FP).
1. Generally. Minor final subdivision plat approval may be requested as an
alternative to construction plans and final subdivision plat if the following criteria
are met:
a. No preliminary subdivision plat is submitted or approved.
b. Required improvements are not required for the subdivision.
C. No security performance bond is required for the subdivision.
d. No phasing is required or proposed for the subdivision.
SUBSECTION 3._ AMENDMENTS TO SECTION 10.02.06 REQUIREMENTS FOR
PERMITS
Section 10.02.06 Requirements for Permits, of Ordinance 04 -41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
10.02.06 Requirements for Permits
* * * * * * * * * * * * *
G. Coastal Construction Setback Line Permits. Except as exempted in subsection 4 below.
the Th-e- following activities seaward of the GGastal G9R6tFUGtiGR setbark lane Coastal
Construction Setback Line shall require either a 1) Coastal Construction Setback Line
(CCSL) permit; 2) Site Development Plans. Site _Improvement Plans and Amendments
thereof pursuant to LDC section 10.02.03: or 3) Construction Plans and Final
Subdivision Plat (PPL) pursuant to LDC section 10.02.04. ^ h° °^^^ b°f ^.o the R —aaa ^{
The appropriate fee as set by county resolution shall be submitted with
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permit application. All required Federal, State, and County permits shall be obtained
prior to commencement of construction.
1. Construction of a dune walkover when
the following criteria have been
met.
a. A maximum width of 6 feet.
b. A minimum separation of 200 feet between walkovers when 2 or more
walkovers are proposed on a single parcel.
2. Creation, restoration, re- vegetation or repair of the dune or other natural area
seaward of the CCSL on an individual parcel of land, when
the following
criteria have been met.
a. Sand used must be compatible in color and grain size to existing sand
subject to FDEP requirements.
b. Plants utilized shall be 100 percent native coastal species.
C. 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 2 years professional
experience are in the State of Florida.
3. The Administrative Code shall establish the procedures and application submittal
requirements for obtaining a Coastal Construction Setback Line permit.
4. Exemptions from CCSL permit. The following activities shall not require a CCSL
permit. All required Federal, State, and County permits shall be obtained prior to
commencement of construction.
4 a. Certain activities approved by the BCC that may tGMpeFaFily alter ground
elevations such as artificial beach nourishment projects, or excavation or
maintenance dredging of inlet channels
+il h f' Gthe fee hed„le GaR be aFn9Rded the f shall be
-- �vvrr- crrrr�et ,�.c�ssrr � fee shall
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b. Implementation of Federal. State. or County approved preserve or listed
species management plans on Publically owned land designated as
parks, preserves, or mitigation areas.
C. Implementation of County approved preserve or listed species
management plans on privately owned land pursuant to LDC section
3.05.07 H.
d. Hand removal of prohibited exotic and non - native vegetation in
accordance with LDC sections 3.05.02 G.
5. All other activities seaward of the CCSL shall require a variance pursuant to
LDC section 9.04.06.
6.5-. Penalty and civil remedies.
SUBSECTION 3._ AMENDMENTS TO SECTION 10.02.07 REQUIREMENTS FOR
CERTIFICATES OF PUBLIC FACILITY ADEQUACY
Section 10.02.07 Requirements for Certificates of Public Facility Adequacy, of Ordinance 04-
41, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
10.02.07 Requirements for Certificates of Public Facility Adequacy
* * * * * * * * * * * * *
B. Exemptions. The following are exempt from this section:
* * * * * * * * * * * * *
3. Temporary construction and development permits and any subsequent
renewals
4. Development orders permitting replacement, reconstruction or repair of existing
development consistent with all elements of the Growth Management Plan.
5. Temporary use permits and any subsequent renewals net to exceed a
C. Certificate of Public Facility Adequacy (COA) for Roadways.
* * * * * * * * * * * * *
2. Issuance of a COA for roadways.
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a. A COA for roadways may be issued subsequent to estimated road impact
n
fee payment pursuant to LDC subsection 10.02.07 C.5 and only with the
approval of one of the following:
* * * * * * * * * * * * *
4. One year Traffic Capacity Reservation.
a. At the time of TIS approval by the Engineering Services Director or
designee a 1 year Traffic Capacity Reservation shall be set aside and
allocated by the County Manager or designee for the proposed
development pending the approval of the final local development
orders identified in LDC subsection 10.02.07 C.2.a.
b. Following approval of a final local development order identified in LDC
section 10.02.07 C.2.a, the estimated roadway impact fees shall be paid
within 1 year of the TIS approval to secure the COA.
C. Failure to pay the estimated roadway impact fees following the approval
of a final local development order identified in LDC subsection 10.02.07
G.a C.2.a. within the 1 year of Traffic Capacity Reservation shall require
the applicant to re -apply for a COA.
d. If a final local development order identified in LDC subsection 10.02.07
G: a C.2.a is not approved within 1 year of the TIS approval date, the
applicant may petition the Board of County Commissioners to extend the
Traffic Capacity Reservation for 1 year.
* * * * * * * * * * * * *
D. Process for Certificate of Public Facility Adequacy for Roadways.
* * * * * * * * * * * * *
2. Assignability and transferability.
a. An approved certificate of public facility adequacy shall run with the land
associated with the corresponding development approval. A certificate of
public facility adequacy shall be assignable within the corresponding land
of the approved development, and shall not be assignable or
transferable to other development, except as may otherwise be provided
for under an approved development agreement. This provision does not
preclude the re- allocation of capacity between lots or parcels comprising
the land that is the subject of the same consolidated application for
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development approval so long as the original certificate is surrendered
along with a written request by the then current owner to re- allocate no
more than that certificate's previously approved capacity in a re- issued
certificate.
b. 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 in accordance with Code of Laws and
Ordinances section 74 -203 (b). The COA shall be modified to reflect the
built -out development.
C. In the event that the estimated transportation impact fees are 100% paid
for all development identified in the COA and such estimate exceeds the
proiected calculation of the required transportation impact fees, the
remaining balance may be transferred to another approved project within
the same, or adjacent, transportation impact fee district.
3. Appeal of public facilities determination. Appeals shall be consistent with Code of
Laws and Ordinances section 250 -58.
SUBSECTION 3._ AMENDMENTS TO SECTION 10.03.06 PUBLIC NOTICE AND
REQUIRED HEARINGS FOR LAND USE PETITIONS
Section 10.03.06 Public Notice and Required Hearings for Land Use Petitions, of Ordinance 04-
41, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
10.03.06 Public Notice and Required Hearings for Land Use Petitions.
* * * * * * * * * * * * *
a.
0- Re heariRg�equiFed puFswaRt tG LDG Be,.+i R 4 082 07 C
2 The f9Il0WiRg R9tiGe nrr)nodUF .+ri+ ron i r7• �\
...v .vuv..n ..J. iw
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M. Resolution or decision for a Stewardship Receiving Area (SRA) and SRA amendments.
1. The following advertised public hearings are required:
a. SRA designation or SRA substantial change:
i. One EAC hearing, if required.
ii. One Planning Commission hearing.
M. One BCC hearing.
b. SRA insubstantial change:
L One Planning Commission or Hearing Examiner hearing.
ii. If heard by the Planning Commission, one BCC hearing.
2. The following notice procedures are required:
a. SRA designation or SRA substantial change:
i. A NIM. See LDC section 10.03.05 A.
ii. Mailed Notice prior to the first advertised public hearing.
iii. Newspaper Advertisement prior to each advertised public hearing
in accordance with F.S. $ 125.66.
iv. Posting of a sign prior to the first advertised public hearing.
V. Mailed Notice shall be sent to each real property owner within the
area covered by the proposed application prior to the advertised
BCC public hearing.
b. SRA insubstantial change:
i. A NIM. See LDC section 10.03.05 A.
H. Mailed Notice prior to the advertised public hearing.
iii. Newspaper Advertisement prior to the advertised public hearing.
iv. Posting of a sign prior to the advertised public hearing.
V. Mailed Notice shall be sent to each real property owner within the
area covered by the proposed application prior to the advertised
public hearing.
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SUBSECTION 3._ AMENDMENTS TO APPENDIX A — STANDARD
PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED
IMPROVEMENTS
APPENDIX A Standard Performance Security Documents For Required Improvements, of
Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
APPENDIX A Standard Performance Security Documents For Required Improvements
The following specimen forms are to be used as a guide for preparation of bonding
instruments which will be submitted to the Collier County Board Of County Commissioners for
guaranteeing the completion of required improvements with respect to this Code. Adherence to
the forms will assure an expeditious review by the Development Services DepaFtmeet Division
and the Collier County Attorney's Office. Deviation in substance or form from the suggested
specimen forms may result in a substantial delay or disapproval of the bonding provisions for
Required Improvements by the Development Services Oepa*neRt Division or the County
Attorney's Office. These specimen forms may be revised from time to time by resolution of the
Board of County Commissioners.
Appendix A consists of the following specimen forms:
A.1. Subdivision Improvements
a. Irrevocable Standby Letter of Credit
b. Performance Bond
C. Construction, Maintenance, and Escrow Agreement For Subdivision
Improvements
d. Construction and Maintenance Agreement For Subdivision Improvements
A.2. Excavation Improvements
a. Irrevocable Standby Letter of Credit
b. Performance Bond
C. Performance Agreement
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A.3. Early Work Improvements
a. Irrevocable Standby Letter of Credit
b. Performance Bond
C. Performance Agreement
A.4. Site Development Plan Improvements
a. Irrevocable Standby Letter of Credit
b. Performance Bond
C. Performance Agreement
/remainder of this page purposefully left blank}
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A.1. Subdivision Improvements
a. The Irrevocable Standby Letter of Credit shall be substantially as follows:
IRREVOCABLE STANDBY LETTER OF CREDIT NO.
(insert issuer's identifying number)
ISSUER: (insert full name, street address, and telephone number of Issuer) (hereinafter
"Issuer ").
PLACE OF EXPIRY: At Issuer's counters.
DATE OF EXPIRY: This Credit shall be valid until (insert date of first anniversary of date of
issue), and shall thereafter be automatically renewed for successive one -year periods on the
anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the
Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew
this Credit.
APPLICANT: (insert full name of person or entity) (hereinafter "Applicant ") (insert Applicant's
current business address).
BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter
"Beneficiary") c/o €ngineeraRg SeWises Growth Management Department, 2800 North
Horseshoe Drive, Naples, Florida 34104.
AMOUNT: $ (insert dollar amount) (U.S.) up to an aggregate thereof.
CREDIT AVAILABLE WITH: Issuer.
BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the
Issuer.
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN
ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY
SIGNED BY THE COUNTY MANAGER OR DESIGNEE, CERTIFYING THAT: "(insert name of
Applicant) has failed to construct and /or maintain the improvements associated with that certain
plat of a subdivision known as (insert name of subdivision) or a final inspection satisfactory to
Collier County has not been performed prior to the date of expiry, and satisfactory alternative
performance security has not been provided to and formally accepted by the Beneficiary."
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under
(insert name of Issuer) Credit No. (insert Issuer's number identifying this Letter of Credit), dated
(insert original date of issue.)" The original Letter of Credit and all amendments, if any, must be
presented for proper endorsement. Draft(s) may be presented within the State of Florida at the
following address (list Florida address).
This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking
shall not in any way be modified, amended, or amplified by reference to any document,
instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any
such reference shall not be deemed to incorporate herein by reference any document,
instrument or agreement.
Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the
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terms of this Credit will be duly honored by Issuer if presented within the validity of this Credit.
This Credit is subject to the Uniform Customs and Practice for Documentary Credits (2007
Revision) International Chamber of Commerce Publication No. 600.
(Name of Issuer)
Printed Name/Title
(President, Vice President, or CEO)
(Provide proper Evidence of Authority)
{remainder of this page purposefully left blank)
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b. The Performance Bond shall be substantially as follows:
PERFORMANCE BOND
C. The Construction. Maintenance and Escrow Agreement for Subdivision
Improvements shall be substantially as follows:
CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR
SUBDIVISION IMPROVEMENTS
THIS AGREEMENT entered into this day of , 20 by (description of
entity) (hereinafter "Developer "), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, (hereinafter "The Board ") and (hereinafter "Lender ").
11. All of the terms, covenants and conditions herein contained are and shall be
binding upon the respective successors and assigns of the Developer and the
Lender.
IN WITNESS WHEREOF, the Board and the Developer and Lender have caused this
Agreement to be executed by their duly authorized representatives this day of
, 20
SIGNED IN THE PRESENCE OF
Printed Name
Printed Rame Name
SIGNED IN THE PRESENCE OF:
Printed Name
Printed Name
(Name of entity)
(Developer)
By:
Print Name/Title
(President, VP, or CEO)
(Provide Proper Evidence of Authoritvl
(Name of entity)
Lender
Print Name/Title
(President. VP, or CEO)
(Provide Proper Evidence of Authority)
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ATTEST:
DWIGHT E. BROCK, CLERK
By:
Deputy Clerk
Approved as to form and legal rsuffiGiep,49y
legality:
Assistant County Attorney
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BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By: ,
Chairman
d. The Construction and Maintenance Agreement for Subdivision Improvements
shall be substantially as follows:
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this day of , 20 between
hereinafter referred to as "Developer," and the Board of County Commissioners
of Collier County, Florida, hereinafter referred to as the "Board.
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement, applied for
the approval by the Board of a certain plat of a subdivision to be known as:
B. Chapters 4 and 10 of the Collier County Land Development Code requires the
Developer to post appropriate guarantees for the construction of the improvements
required by said subdivision regulations, said guarantees to be incorporated in a bonded
agreement for the construction of the required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
Developer will cause to be constructed:
within months from the date of approval of said subdivision plat,
said improvements hereinafter referred to as the required improvements.
2. Developer herewith tenders its subdivision performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of
$ which amount represents 10% of the total contract cost to
complete construction plus 100% of the estimate cost of to complete the required
improvements at the date of this Agreement.
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3. In the event of default by the Developer or failure of the Developer to complete
such improvements within the time required by the Land Development Code,
Collier County, may call upon the subdivision performance security to insure
satisfactory completion of the required improvements.
4. The required improvements shall not be considered complete until a statement of
substantial completion by Developer's engineer along with the final project
records have been furnished to be reviewed and approved by the County
Manager or 4is designee for compliance with the Collier County Land
Development Code.
5. The County Manager or #+s designee shall, within sixty (60) days of receipt of the
statement of substantial completion, either: a) notify the Developer in writing of
his preliminary approval of the improvements; or b) notify the Developer in writing
of his refusal to approve improvements, therewith specifying those conditions
which the Developer must fulfill in order to obtain the County Manager's approval
of the improvements. However, in no event shall the County Manager or Ns
designee refuse preliminary approval of the improvements if they are in fact
constructed and submitted for approval in accordance with the requirements of
this Agreement.
6. The Developer shall maintain all required improvements for a minimum period of
one year after preliminary approval by the County Manager or Ws designee. After
the one year maintenance period by the Developer has terminated, the
Developer shall petition the County Manager or Ws designee to inspect the
required improvements. The County Manager or 4+s designee shall inspect the
improvements and, if found to be still in compliance with the Collier County Land
Development Code as reflected by final approval by the Board, the Board shall
release the remaining 10% of the subdivision performance security. The
Developer's responsibility for maintenance of the required improvements shall
continue unless or until the Board accepts maintenance responsibility for and by
the County.
7. Six (6) months after the execution of this Agreement and once within every six
(6) months thereafter the Developer may request the County Manager or 4is
designee to reduce the dollar amount of the subdivision performance security on
the basis of work complete, Each request for a reduction in the dollar amount of
the subdivision performance security shall be accompanied by a statement of
substantial completion by the Developer's engineer together with the project
records necessary for review by the County Manager or 4is designee. The
County Manager or his designee may grant the request for a reduction in the
amount of the subdivision performance security for the improvements completed
as of the date of the request.
7. In the event the Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Manager or 4is
designee may call upon the subdivision performance security to secure
satisfactory completion, repair and maintenance of the required improvements.
The Board shall have the right to construct and maintain, or cause to be
constructed or maintained, pursuant to public advertisement and receipt and
acceptance of bids, the improvements required herein. The Developer, as
principal under the subdivision performance security, shall be liable to pay and to
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indemnify the Board, upon completion of such construction, the final total cost to
the Board thereof, including, but not limited to, engineering, legal and contingent
costs, together with any damages, either direct or consequential, which the
Board may sustain on account of the failure of the Developer to fulfill all of the
provisions of this Agreement.
10. All of the terms, covenants and conditions herein contained are and shall be
binding upon the Developer and the respective successors and assigns of the
Developer.
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be
executed by their duly authorized representatives this _ day of , 20_
SIGNED IN THE PRESENCE OF:
Printed Rame -Name
Printed ^aFRe Name
ATTEST:
n, DWIGHT E. BROCK, CLERK
By:
Deputy Clerk
Approved as to form and legal GU#iGi8RGy
legality:
Assistant County Attorney
A.2. Excavation Improvements
(Name of entity)
0
Print Name/Title
(President, VP, or CEO)
(Provide Proper Evidence of Authority)
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By: ,
Chairman
a. The Irrevocable Standby Letter of Credit shall be substantially as follows:
IRREVOCABLE STANDBY LETTER OF CREDIT NO.
(insert issuer's identifying number)
ISSUER: (insert full name street address, and telephone number of Issuer) (hereinafter "Issuer ").
PLACE OF EXPIRY: At Issuer's counters.
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DATE OF EXPIRY: This Credit shall be valid until (insert date of first anniversary of date of issue) and
shall thereafter be automatically renewed for successive one -year periods on the anniversary of its issue
unless at least sixty (60) days prior to any such anniversary date the Issuer notifies the Beneficiary in
writing by registered mail that the Issuer elects not to so renew this Credit.
APPLICANT: (insert full name of person or entity) (hereinafter "Applicant ") (insert Applicant's current
business address).
BENEFICIARY: The Board of County Commissioners, Collier County Florida (hereinafter "Beneficiary ")
C/o Growth Management Department, 2800 North Horseshoe Drive Naples Florida 34104
AMOUNT: $ (insert dollar amount) (U.S.) up to an aggregate thereof.
CREDIT AVAILABLE WITH: Issuer.
BY: Payment against documents detailed herein and Beneficiarv's drafts at siqht drawn on the Issuer.
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFTS) AT SIGHT DRAWN ON THE
ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE
COUNTY MANAGER OR DESIGNEE CERTIFYING THAT: "(insert name of Applicant) has failed to
construct and /or maintain the excavation improvements associated with Excavation Permit No
, or prior to the date of expiry final approval of the excavation has not been granted by
Collier County as required by Collier County Ordinances and Resolutions and the Applicant failed to
provide the County with a satisfactory alternative performance security."
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under (insert name
of Issuer) Credit No. (insert Issuer's number identifying this Letter of Credit) dated (insert original date of
issue.)' The original Letter of Credit and all amendments if any, must be presented for proper
endorsement. Draft(s) may be presented within the State of Florida at the following address (list Florida
address). n
This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not
in any way be modified, amended, or amplified by reference to any document instrument or agreement
referenced to herein or in which this Letter of Credit relates and any such reference shall not be deemed
to incorporate herein by reference any document instrument or agreement
Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this
Credit will be duly honored by Issuer if presented within the validitv of this Credit
This Credit is subiect to the Uniform Customs and Practice for Documentary Credits (2007 Revision)
International Chamber of Commerce Publication No. 600
(Name of Issuer)
By:
Printed Name/Title
(President. Vice President, or CEO)
(Provide proper Evidence of Authority)
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b. The Performance Bond for Excavation Work shall be substantially as follows:
PERFORMANCE BOND FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: that
(NAME OF OWNER)
(ADDRESS OF OWNER)
(hereinafter referred to as "Owner ") and
(NAME OF SURETY)
(ADDRESS/TELEPHONE NUMBER OF SURETY)
(hereinafter referred to as "Surety ") are held and firmly bound unto Collier County, Florida,
(hereinafter referred to as "County ") in the total aggregate sum of Dollars
($ ) in lawful money of the United States, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators, successors and
assigns iointly and severally, firmly by these presents. Owner and Surety are used for singular
or plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has
submitted for approval by the Board a certain excavation permit no. and that
certain excavation permit shall include specific improvements which are required by Collier
County Ordinances and Resolutions (hereinafter "Land Development Regulations "). This
obligation of the Surety shall commence on the date this Bond is executed and shall continue
until the date of completion of the work and approval by the County of the specific
improvements described in the Land Development Regulations (hereinafter the "Guaranty
Period ") or until replaced by a new bond in the event of a change of Ownership.
NOW THEREFORE, if the Owner shall well, truly and faithfully perform its obligations
and duties in accordance with the Land Development Regulations during the guaranty period
established by the County, and the Owner shall satisfy all claims and demands incurred and
shall fully indemnify and save harmless the County from and against all costs and damages
which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the
County all outlay and expense which the County may incur in making good any default, then this
obligation shall be void, otherwise to remain in full force and effect.
PROVIDED FURTHER that the said Surety, for value received hereby, stipulates and
agrees that no change extension of time alteration addition or deletion to the proposed
specific improvements shall in any way affect its obligation on this Bond, and it does hereby
waive notice of any such change extension of time, alteration, addition or deletion to the
proposed specific improvements.
PROVIDED FURTHER that it is expressly agreed that the Bond shall be deemed
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amended automatically and immediately, without formal and separate amendments hereto, so
as to bind the Owner and the Surety to the full and faithful performance in accordance with the
Land Development Regulations. The term "Amendment," wherever used in this Bond, and
whether referring to this Bond, or other documents shall include any alteration, addition or
modification of any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND
to be executed this day of 20
WITNESSES:
Printed Name
Printed Name
STATE OF
COUNTY OF
(Owner Name and Title if Corporation)
By:
Printed Name/Title
(Provide Proper Evidence of Authority)
ACKNOWLEDGEMENT
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
. 20 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY)
WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION.
Notary Public - State of
Printed Name
WITNESSES: (Owner Name and Title if Corporation)
By:
Printed Name Printed Name/Title
(Provide Proper Evidence of Authoritv)
Printed Name
ACKNOWLEDGEMENT
STATE OF
COUNTY OF
(SEAL)
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
20 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY)
WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION
Notary Public - State of
Printed Name
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C. The Performance Agreement for Excavation shall be substantially as follows:
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this day of
, 20 between hereinafter referred to as "Developer," and the
Board of County Commissioners of Collier County, Florida, hereinafter referred to as the
"Board ".
WHEREAS, Developer has applied for an excavation permit in accordance with Section
22 -106, et al. of the Collier County Code of Laws and Ordinances, and the Collier County Land
Development Code, including but not limited to Section 3.05.10 (collectively, the "Excavation
Regulations "): and
WHEREAS. the Excavation Regulations require the Developer to post appropriate
guarantees and execute an Excavation Performance Security Agreement stating applicant will
comply with the Excavation Regulations and Excavation Permit No. (the "Excavation
Permit").
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer agrees to comply with the Excavation Regulations and the Excavation
Permit (the "Excavation Work ").
2. Developer herewith tenders its excavation performance security (attached hereto
101"N' as Exhibit "A" and by reference made a part hereof) in the amount of
3. In the event of default by Developer or failure of Developer to complete the
Excavation Work within the time required by the Excavation Regulations and
Excavation Permit Collier County, may call upon the excavation performance
security to insure satisfactory completion of the Excavation Work.
4. The Excavation Work shall not be considered complete until Developer notifies
the County that the Excavation Work is complete and the final Excavation Work
is reviewed and approved by the County Manager or designee for compliance
with the Excavation Regulations.
5. The County Manager or designee shall, within sixty (60) days of receipt of
notification by Developer in writing that the Excavation Work is complete, either:
a) notify Developer in writing of his approval of the Excavation Work; or b) notify
the Developer in writing of his refusal to approve the Excavation Work, therewith
specifying those conditions which Developer must fulfill in order to obtain the
County Manager's approval of the Excavation Work.
6. In the event Developer shall fail or neqlect to fulfill its obligations under this
Agreement upon certification of such failure, the County Manager or designee
may call upon the excavation performance security to secure satisfactory
completion, repair and maintenance of the Excavation Work. The Board shall
have the right to construct and maintain, or cause to be constructed or
maintained pursuant to public advertisement and receipt and acceptance of bids,
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the Excavation Work. The Developer, as principal under the excavation
Performance security, shall be liable to pay and to indemnify the Board, upon
completion of such construction, the final total cost to the Board thereof,
including, but not limited to, engineering, legal and contingent costs, together
with any damages, either direct or consequential, which the Board may sustain
on account of the failure of Developer to fulfill all of the provisions of this
Agreement.
7. All of the terms, covenants and conditions herein contained are and shall be
binding upon Developer and the respective successors and assigns of
Developer.
IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this day of 20
SIGNED IN THE PRESENCE OF:
Printed name
Printed name
ATTEST:
DWIGHT E. BROCK, CLERK
By:
Deputy Clerk
Approved as to form and legality:
Assistant County Attorney
(Name of Entity)
By:
Printed Name/Title
(President. VP, or CEO)
Provide Proper Evidence of Authority)
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Chairman
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n A.3. Early Work Improvements
a. The Irrevocable Standby Letter of Credit shall be substantially as follows:
IRREVOCABLE STANDBY LETTER OF CREDIT NO.
(insert issuer's identifying number)
ISSUER: (insert full name, street address, and telephone number of Issuer) (hereinafter
"Issuer").
PLACE OF EXPIRY: At Issuer's counters.
DATE OF EXPIRY: This Credit shall be valid until (insert date of first anniversary of date of
issue), and shall thereafter be automatically renewed for successive one -year periods on the
anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the
Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew
n this Credit.
APPLICANT: (insert full name of person or entity) (hereinafter "Applicant ") (insert Applicant's
current business address).
BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter
"Beneficiary ") c/o Growth Management Department, 2800 North Horseshoe Drive, Naples,
Florida 34104.
AMOUNT: $ (insert dollar amount) (U.S.) up to an aggregate thereof.
CREDIT AVAILABLE WITH: Issuer.
BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the
Issuer.
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN
ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY
SIGNED BY THE COUNTY MANAGER OR DESIGNEE, CERTIFYING THAT: "(insert name of
Applicant) has failed to construct and /or maintain the early work improvements associated with
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Early Work Authorization Permit No. or prior to the date of expiry a
subsequent final development order, such as site development plan or plat has not been
approved by Collier County as required by Collier County Ordinances and Resolutions and the
Applicant failed to provide the County with a satisfactory altemative performance security."
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under
(insert name of Issuer) Credit No. (insert Issuer's number identifying this Letter of Credit) dated
(insert original date of issue.)' The original Letter of Credit and all amendments if any, must be
Presented for proper endorsement. Draft(s) may be presented within the State of Florida at the
following address (list Florida address).
This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking
shall not in any way be modified, amended or amplified by reference to any document
instrument, or agreement referenced to herein or in which this Letter of Credit relates and any
such reference shall not be deemed to incorporate herein by reference any document
instrument or agreement.
Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the
terms of this Credit will be duly honored by Issuer if presented within the validity of this Credit
This Credit is subject to the Uniform Customs and Practice for Documentary Credits (2007
Revision) International Chamber of Commerce Publication No 600 101-�'
(Name of Issuer)
By:
Printed Name/Title
(President, Vice President, or CEO)
(Provide proper Evidence of
Authority)
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b. The Performance Bond for Early Work Authorization shall be substantially as
follows:
PERFORMANCE BOND FOR EARLY WORK AUTHORIZATION
KNOW ALL PERSONS BY THESE PRESENTS: that
(NAME OF OWNER)
(ADDRESS OF OWNER)
(hereinafter referred to as "Owner ") and
(NAME OF SURETY)
(ADDRESS/TELEPHONE NUMBER OF SURETY)
(hereinafter referred to as "Surety ") are held and firmly bound unto Collier County, Florida,
(hereinafter referred to as "County ") in the total aggregate sum of Dollars
($ ) in lawful money of the United States, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular
or plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has
submitted for approval by the Board a certain Early Work Authorization Permit No.
and that certain Early Work Authorization shall include specific improvements
which are required by Collier County Ordinances and Resolutions (hereinafter "Land
Development Regulations "). This obligation of the Surety shall commence on the date this Bond
is executed and shall continue until the completion of the work and approval by the County of
the specific improvements described in the Land Development Regulations, or until issuance of
a subsequent final development order such as an Site Development Plan (SDP) or Subdivision
Plat and Plans (PPL) (hereinafter the "Guaranty Period "), or until replaced by a new bond in the
event of a change in Ownership.
NOW. THEREFORE, if the Owner shall well, trulv and faithfullv perform its obligations
and duties in accordance with the Land Development Regulations during the guaranty period
established by the County, and the Owner shall satisfy all claims and demands incurred and
shall fully indemnify and save harmless the County from and against all costs and damages
which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the
County all outlay and expense which the County may incur in making good any default, then this
obligation shall be void, otherwise to remain in full force and effect.
PROVIDED FURTHER. that the said Suretv. for value received hereby, stipulates and
agrees that no change, extension of time, alteration, addition or deletion to the proposed
specific improvements shall in any way affect its obligation on this Bond, and it does hereby
waive notice of anv such chanae. extension of time, alteration, addition or deletion to the
roposed specific improvements.
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PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed
amended automaticallv and immediately, without formal and separate amendments hereto, so
as to bind the Owner and the Surety to the full and faithful performance in accordance with the
Land Development Regulations. The term "Amendment," wherever used in this Bond, and
whether referring to this Bond, or other documents shall include any alteration, addition or
modification of any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND
to be executed this day of .20
WITNESSES: (Owner Name and Title if Corporation)
By:
Printed Name Printed Name/Title
(Provide Proper Evidence of Authoritv)
Printed Name
ACKNOWLEDGEMENT
STATE OF
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
. 20 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY)
WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION.
Notary Public - State of
(SEAL)
Printed Name
WITNESSES: (Owner Name and Title if Corporation)
By:
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGEMENT
STATE OF
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
, 20 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY)
WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION.
Notary Public - State of
(SEAL)
Printed Name
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n
C. The Performance Agreement for Early Work shall be substantially as follows:
EARLY WORK PERFORMANCE AGREEMENT
THIS EARLY WORK PERFORMANCE AGREEMENT entered into this day of
, 20 , between hereinafter referred to as "Developer," and
the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the
"Board ".
WHEREAS, Developer has applied for an early work authorization in accordance with
the Collier County Land Development Code including but not limited to Section 10.01.02.13
(collectively, the "Early Work Regulations "): and
WHEREAS, the Early Work Regulations reguire Developer to post appropriate
performance guarantees to ensure compliance with the Early Work Regulations and Early Work
Authorization Permit No. (the "Early Work Permit ").
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer agrees to comply with the Early Work Regulations and the Early Work
Permit (the "Early Work ").
2. Developer herewith tenders its eariv work performance securitv (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of
n $
3. In the event of default by Developer or failure of Developer to complete the Early
Work within the time required by the Early Work Regulations and Early Work
Permit, Collier County, may call upon the early work performance security to
insure satisfactory completion of the Early Work.
4. The Early Work shall not be considered complete until Developer notifies the
County that the Early Work is complete and the final Early Work is reviewed and
approved by the County Manager or designee for compliance with the Early
Work Regulations.
5. The Countv Manaaer or desianee shall. within sixtv (60) days of receipt of
notification by Developer in writing that the Early Work is complete, either: a)
notify Developer in writing of his approval of the Early Work; or b) notify
Developer in writing of his refusal to approve the Early Work, therewith specifying
those conditions which Developer must fulfill in order to obtain the County
Manager's approval of the Early Work.
6. In the event Developer shall fail or nealect to fulfill its obliaations under this
Aareement. upon certification of such failure. the Countv Manaaer or desianee
may call upon the early performance security to secure satisfactory completion,
repair and maintenance of the Early Work. The Board shall have the right to
construct and maintain, or cause to be constructed or maintained, pursuant to
public advertisement and receipt and acceptance of bids, the Early Work. The
Developer, as principal under the early performance security, shall be liable to
Pay and to indemnify the Board, upon completion of such construction, the final
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total cost to the Board thereof, including, but not limited to, engineering, legal and
contingent costs, together with any damages, either direct or consequential,
which the Board may sustain on account of the failure of Developer to fulfill all of
the provisions of this Agreement.
7. All of the terms, covenants and conditions herein contained are and shall be
binding upon Developer and the respective successors and assigns of
Developer.
IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this day of 20
SIGNED IN THE PRESENCE OF:
Printed name
Printed name
ATTEST:
DWIGHT E. BROCK, CLERK
By:
Deputy Cierk
Approved as to form and legality:
Assistant County Attorney
(Name of Entity)
By:
Printed Name/Title
(President, VP, or CEO)
Provide Proper Evidence of Authority)
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Chairman
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A.4. Site Development Plan Improvements
a. The Irrevocable Standby Letter of Credit shall be substantially as follows:
IRREVOCABLE STANDBY LETTER OF CREDIT NO.
(insert issuer's identifying number)
ISSUER: (insert full name, street address, and telephone number of Issuer) (hereinafter
"Issuer").
PLACE OF EXPIRY: At Issuer's counters.
DATE OF EXPIRY: This Credit shall be valid until (insert date of first anniversary of date of
issue), and shall thereafter be automatically renewed for successive one -year periods on the
anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the
Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew
this Credit.
APPLICANT: (insert full name of person or entity) (hereinafter "Applicant ") (insert Applicant's
current business address).
BENEFICIARY: The Board of County Commissioners, Collier County. Florida (hereinafter
"Beneficiary ") c/o Growth Management Department, 2800 North Horseshoe Drive, Naples,
Florida 34104.
AMOUNT: $ (insert dollar amount) (U.S.) up to an aggregate thereof.
CREDIT AVAILABLE WITH: Issuer.
BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the
Issuer.
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN
ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY
SIGNED BY THE COUNTY MANAGER OR DESIGNEE, CERTIFYING THAT: "(insert name of
Applicant) has failed to construct and /or maintain the improvements associated with the Site
Development Plan known as (insert name of Site Development Plan), PL#
or prior to the date of expiry satisfactory final inspection of the
Site Development Plan improvements has not been performed by Collier County as required by
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Collier County Ordinances and Resolutions, and the Applicant failed to provide the County with
a satisfactory alternative performance security."
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under
(insert name of Issuer) Credit No. (insert Issuer's number identifying this Letter of Credit), dated
(insert original date of issue.)" The original Letter of Credit and all amendments, if any, must be
presented for proper endorsement. Draft(s) may be presented within the State of Florida at the
following address (list Florida address).
This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking
shall not in any way be modified, amended, or amplified by reference to any document,
instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any
such reference shall not be deemed to incorporate herein by reference any document,
instrument or agreement.
Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the
terms of this Credit will be duly honored by Issuer if presented within the validity of this Credit.
This Credit is subiect to the Uniform Customs and Practice for Documentary Credits (2007
Revision) International Chamber of Commerce Publication No. 600.
(Name of Issuer)
By:
Printed Name/Title
(President, Vice President, or CEO)
(Provide proper Evidence of Authority)
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b. The Performance Bond for Site Development Plans shall be substantially as follows:
PERFORMANCE BOND FOR SITE DEVELOPMENT PLANS
KNOW ALL PERSONS BY THESE PRESENTS: that
(NAME OF OWNER)
(ADDRESS OF OWNER)
(hereinafter referred to as "Owner ") and
(NAME OF SURETY)
(ADDRESS/TELEPHONE NUMBER OF SURETY)
hereinafter referred to as "Surety ") are held and firmiv bound unto Collier County. Florida
(hereinafter referred to as "County ") in the total aggregate sum of Dollars
($ ) in lawful money of the United States, for the payment of which sum well and
truly to be made we bind ourselves, our heirs, executors, administrators, successors and
assions. iointly and severallv, firmlv by these presents. Owner and Surety are used for singular
or plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has _received
approval of a certain Site Development Plan named and that certain Site
Development Plan includes specific improvements which are required by Collier County
Ordinances and Resolutions (hereinafter "Land Development Regulations "). This obligation of
the Surety shall commence on the date this Bond is executed and shall continue until the
completion of the work and the date of satisfactory final inspection by the County of the specific
improvements described in the Site Development Plan pursuant to the Land Development
Regulations (hereinafter the "Guaranty Period ") or until replaced by a new bond in the event of a
change in Ownership.
NOW. THEREFORE. if the Owner shall well, truly and faithfully perform its obligations
and duties in accordance with the Land Development Regulations during the guaranty period
established by the County, and the Owner shall satisfy all claims and demands incurred and
shall fully indemnify and save harmless the County from and against all costs and damages
which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the
County all outlay and expense which the County may incur in making good any default, then this
obligation shall be void, otherwise to remain in full force and effect.
PROVIDED FURTHER, that the said Surety, . for value received hereby, stipulates and
agrees that no change extension of time alteration addition or deletion to the proposed
specific improvements shall in any way affect its obligation on this Bond, and it does hereby
waive notice of anv such change, extension_ of time alteration, addition or deletion to the
roposed specific improvements.
PROVIDED FURTHER that it is expressly agreed that the Bond shall be deemed
amended automatically and immediately, without formal and separate amendments hereto, so
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as to bind the Owner and the Surety to the full and faithful performance in accordance with the
Land Development Regulations. The term "Amendment." wherever used in this Bond and
whether referring to this Bond, or other documents shall include any alteration addition or
modification of any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND
to be executed this day of .20
WITNESSES:
Printed Name
Printed Name
(Owner Name and Title if Corporation)
By:
Printed Name/Title
(Provide Proper Evidence of Authority)
ACKNOWLEDGEMENT
STATE OF
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
. 20 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY)
WHO IS PERSONALLY KNOWN TO OR HAS PRODUCED AS IDENTIFICATION
Notary Public - State of
(SEAL)
Printed Name
WITNESSES: (Owner Name and Title if Corporation)
By:
Printed Name Printed Name/Title
(Provide Proper Evidence of Authoritv)
Printed Name
ACKNOWLEDGEMENT
STATE OF
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
. 20 . BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY)
WHO IS PERSONALLY KNOWN TO ME OR HAS PRODUCED AS IDENTIFICATION.
Notary Public - State of
Printed Name
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C. The Performance Agreement for Site Development shall be substantially as
follows:
SITE DEVELOPMENT PERFORMANCE AGREEMENT
THIS SITE DEVELOPMENT PERFORMANCE AGREEMENT entered into this
day of , 20 , between hereinafter referred to as "Developer,"
and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the
"Board ".
WHEREAS, Developer has applied for site development plan approval in accordance
with the Collier County Land Development Code including but not limited to Section 10.02.03.D
(collectively, the "Site Development Plan Regulations "): and
WHEREAS, the Site Development Plan Regulations require Developer to post
appropriate performance guarantees to ensure compliance with the Site Development Plan
Regulations and Site Development Plan Approval No. (the "Site Development
Plan Approval ").
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer agrees to comply with the Site Development Plan Regulations and the
Site Development Plan Approval (the "Site Development ").
2. Developer herewith tenders its site development performance security (attached
hereto as Exhibit "A" and by reference made a part hereof) in the amount of
3. In the event of default by the Developer or failure of Developer to complete the
Site Development within the time required by the Site Development Plan
Regulations and Site Development Plan Approval, Collier County, may call upon
the site development performance security to ensure satisfactory completion of
the Site Development.
4. The Site Development shall not be considered complete until Developer notifies
the County that the Site Development is complete and the final Site Development
is reviewed and approved by the County Manager or designee for compliance
with the Site Development Plan Regulations.
5. The Countv Manaaer or desiqnee shall, within_ sixty (60) days of receipt of
notification by Developer in writing that the Site Development is complete, either:
a) notify Developer in writing of his approval of the Site Development; or b) notify
Developer in writing of his refusal to approve the Site Development, therewith
specifying those conditions which Developer must fulfill in order to obtain the
County Manager's approval of the Site Development.
6. In the event Developer shall fail or neqlect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Manager or designee
may call upon the site development performance security to secure satisfactory
completion repair and maintenance of the Site Development. The Board shall
have the right to construct and maintain, or cause to be constructed or
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maintained, pursuant to public advertisement and receipt and acceptance of bids,
the Site Development. The Developer, as principal under the site development
Performance security, shall be liable to pay and to indemnify the Board, upon
completion of such construction, the final total cost to the Board thereof,
including, but not limited to, engineering, legal and contingent costs, together
with any damages, either direct or consequential, which the Board may sustain
on account of the failure of Developer to fulfill all of the provisions of this
Agreement.
7. All of the terms, covenants and conditions herein contained are and shall be
binding upon Developer and the respective successors and assigns of
Developer.
IN WITNESS WHEREOF the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this day of 20
SIGNED IN THE PRESENCE OF:
Printed name
Printed name
ATTEST:
DWIGHT E. BROCK, CLERK
By:
Deputy Clerk
Approved as to form and legality:
Assistant County Attorney
SECTION FOUR
(Name of Entity)
By:
Printed Name/Title
(President. VP, or CEO)
Provide Proper Evidence of Authority)
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Chairman
CONFLICT AND SEVERABILITY
In the event that any provisions of this ordinance should result in an unresolved conflict
with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP),
the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts
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n
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.
,*-"N
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 re- lettered to accomplish such, and the word 'ordinance" may be changed to
"section," "article," or any other appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 7'h day of July, 2015.
ATTEST:
DWIGHT E. BROCK, CLERK
0
, Deputy Clerk
Approved as to form and legality:
Scott A. Stone
Assistant County Attorney
04- CMD- 01077/ (6/29/15, #2)
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
0
TIM NANCE, Chairman
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Patricia L. Morgan
From: Neet, Virginia
Sent: Wednesday, July 01, 2015 9:43 AM
To: Minutes and Records
Cc: Rodriguez, Wanda; Ashton, Heidi
Subject: YY -1648 BCC Meeting 7/7/15 Agenda Items - post board review of items:
Attachments: Legal Ad - LDC Amendment 9_00 am.pdf; Legal Ad - LDC Amendment - 5_05 pm.pdf
Ladies:
Please include the attached ads with the backup for Items 9 -C, 9 -D, and 9 -E.
They ran today so we could not get them into the electronic or printed agenda.
Thank you!
Dinny
Virginia A. Neet, FRP
Office of the Collier County Attorney
Telephone (239) 252 -8066 - Fax (239) 252 -6600
Under Ronda Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not stand
electronic mail to this entity. Inste d, contact this office by telepho ne or in writing.
22D ))Wednesday, July 1, 2015 )) NAPLES DAILY NEWS
NOTICE OF INTENT TO CONSIDER ORDINANCE
NOTICE OF LAND DEVELOPMENT CODE CHANGE
Notice is hereby given that on Tuesday, July 7, 2015, in the Board of County
Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government
Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Colter County Board of
County. Commissioners will consider amendments to the Collier County Land
p
Develoment Code. The meeting will commence at 9:00 a.m. The title of the
proposed ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER CO
UNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION
TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE
LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING:
CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.07 OVERLAY
ZONING DISTRICTS; CHAPTER 3 - RESOURCE, PROTECTION, INCLUDING SECTION
3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND
PRESERVATION, SECTION 3.05.07 PRESERVATION STANDARDS, SECTION 3.05.08
REQUIREMENT FOR REMOVAL OF PROHIBITED EXOTIC VEGETATION; CHAPTER
4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.04
STANDARDS FOR CLUSTER RESIDENTIAL DESIGN, SECTION 4.06.02 BUFFER
REQUIREMENTS, SECTION 4.06.05 GENERAL LANDSCAPING REQUIREMENTS,
SECTION 4.08.07 SRA DESIGNATION; CHAPTER 5 - SUPPLEMENTAL STANDARDS,
INCLUDING SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN
NONRESIDENTIAL DISTRICTS; CHAPTER 10 - APPLICATION, REVIEW, AND
DECISION- MAKING PROCEDURES, INCLUDING SECTION 10.02.04 REQUIREMENTS
FOR PRELIMINARY AND FINAL SUBDIVISION PLATS, SECTION 10.02.06
REQUIREMENTS FOR PERMITS, SECTION 10.02.07 REQUIREMENTS FOR
CERTIFICATES OF PUBLIC FACILITY ADEQUACY, SECTION 10.03.06 PUBLIC NOTICE
AND REQUIRED HEARINGS FOR LAND USE PETITIONS; APPENDIX A - STANDARD
PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVEMENTS; 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
amendments are available . for public inspection in the Zoning and Land
Development Review Section, Growth Management Department, 2800 N.
Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M.,
Monday through Friday.
Furthermore, materials will be made available for inspection at the Collier County
Clerk's Office, Building F, Fourth Floor, Suite 401, Collier County Government
Center, East Naples, one week prior to the scheduled'hearing.
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.
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision
of certain assistance. Please contact the Collier County Facilities Management
Division, at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -'
8380, at least two days prior to the meeting. Assisted listening devices for the
hearing impaired are available in the Board of County Commissioner's Office.
Collier County Board of County Commissioners
Collier County, Florida
Tim Nance, Chairman
lulV 1. 7019 Nn 0604 7