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Backup Documents 11/10/2004 LDC BCC SPECIAL MEETING NOVEMBER 10, 2004 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ AGENDA SPECIAL MEETING November 10,2004 5:05 p.m. Donna Fiala, Chairman, District 1 Fred W. Coyle, Vice-Chair, District 4 Frank Halas, Commissioner, District 2 Tom Henning, Commissioner, District 3 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ,- Page 1 November 10, 2004 ,-- ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. PLEDGE OF ALLEGIANCE 2. THE BOARD TO CONSIDER AN ORDINANCE AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA. Ordinance 2004-72 - Adopted with changes 4/0 (Commissioner Henning absent) 3. ADJOURN ,- Page 2 November 10, 2004 10/21/04 10:09 FAX 9416436968 COLLIER ÇO COMMUNITY DEV ~002 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Cierk. to the Board: Please piace the following as a: Normallegal Advertisement Other: (Display Adv., location, etc.) .*********.**.***.*.**.*.******.*.*********************************************************************** Date: Person: Originating Deptl Div: Comm.Dev.Serv.lPlanning Petition No, (If none, give brief d€~5críptíon): 2004 Cycle II - BCC LDC Amendments Petitioner: (Name &. Address): Russel1 Webb, Principal Planner, 2800 North Horseshoe Drive Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sbeet) Hearing before BeC .J... BZA Other Requested Hearing datel 11/10/04 Based on advertisement appearing t. days before hearing. Newspaper(s) to be used: (Complete only if important): xxx Naples Daily News Other o Legally Required pronosed Text: ((nelude leu. d~rlDtion & common location & Size): See Attached Ad aDd Map Does Petition Fee include advertising cost? XX Yes 0 No lfYes, what account should be charged for advertising costs: 113-138312-649110 Reviewed by: Approved by: Division Head Date County Manager Date IDSTRIBUTION INSTRUCTIONS A. For beariDgs before BCC or BZA: IDltiating penon to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or req.est for same, is submitted to County Attorney before sub.itting to County Manager. Tbe Manager's omce wiU distribute c:opies~ o County MaDager agenda tile: to Clerk's OftKe o Requesting Division o Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ********************************.**.*************************************************..****************** FOR CLERK'S OFFICE USI~ ONLY: Date Received: ~tb>ate of Public hearing: ~ Date Advertised: 1../lL.3Ø1.D~ r r -.-. ... -.- .--.-.- COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: Normal legal Advertisement Other: (Display Adv., location, etc.) ********************************************************************************************************* Originating Dept/ Div: Comm.Dev.Serv./Planning Person: Date: Petition No. (Ifnone, give brief description): 2004 Cycle II - BCC LDC Amendments Petitioner: (Name & Address): Russell Webb, Principal Planner, 2800 North Horseshoe Drive Name & Address of any person(s) to be notified by Clerk's Office: (Ifmore space is needed, attach separate sheet) Hearing before BCC J- BZA Other Requested Hearing date,;, 11/10/04 Based on advertisement appearing If> days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other o Legally Req uired ProDosed Text: (Include le2al descriDtion & common location & Size): See Attached Ad and Map Does Petition Fee include advertising cost? XX Yes 0 No If Yes, what account should be charged for advertising costs: 113-138312-649110 Revie ed by: Approved by: ~ ~fi/'1I7LU~A-~l 10/2 i loý lvision Head Date I ( County Manager Date DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: o County Manager agenda file: to Clerk's Office o Requesting Division o Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ********************************************************************************************************* FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: Date Advertised: .----y--.... .." 1 ORDINANCE NO. 2004- AN ORDINANCE AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.08.01 ABBREVIATIONS, INCLUDING SEC. 1.08.02 DEFINITIONS; CHAPTER 2 _ ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.03 ESSENTIAL SERVICES, SEC. 2.03.05 OPEN SPACE ZONING DISTRICTS, SEC. 2.03.07 OVERLAY ZONING DISTRICTS, SEC. 2.03.08 EASTERN LANDS/RURAL FRINGE ZONING DISTRICTS, SEC. 2.04.03 TABLE OF LAND USES IN EACH ZONING DISTRICT, ADDING SEC. 2.06.04 LIMITATIONS ON AFFORDABLE HOUSING DENSITY BONUS, ADDING SECTION 2.06.05 AFFORDABLE HOUSING DENSITY BONUS MONITORING PROGRAM, ADDING SEC. 2.06.06 VIOLATIONS AND ENFORCEMENT; CHAPTER 3 RESOURCE PROTECTION, INCLUDING S.EC. 3.05.10 LITTORAL SHELF PLANTING AREA (LSPA); CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SEC. 4.05.02 DESIGN STANDARDS, SEC. 4.06.01 GENERALLY, SEC. 4.06.02 BUFFER REQUIREMENTS, SEC. 4.06.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS- OF-WAY, SEC. 4.06.04 TREE AND VEGETATION PROTECTION, SEC. 4.06.05 GENERAL LANDSCAPE REQUIREMENTS, SEC. 4.07.01 UNIFIED CONTROL; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.03.04 DUMPSTERS, SEC. 5.05.08 ARCHITECTURAL STANDARDS FOR COMMERCIAL BUILDINGS, SEC. 5.06.00 SIGNS; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.01 UTILITIES REQUIRED TO BE INSTALLED UNDERGROUND; CHAPTER 8 - DECISION- MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.06.03 POWERS AND DUTIES (EAC); CHAPTER 9 _ VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.02.00 DEVELOPMENT WITH VESTED RIGHTS, SEC. 9.03.01 GENERALLY; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS, SEC. 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, SEC. 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENTS PLANS, SEC. 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SEC. 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SEC. 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD; APPENDIX A - STANDARD LEGAL DOCUMENTS FOR BONDING OF REQUIRED IMPROVEMENTS; APPENDIX C - FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION; APPENDIX H - LDC/UDC COMPARATIVE TABLES; SECTION FOUR, REPEALER; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, PUBLICATION AS THE Page 1 of 156 Words strode thffHfgh are deleted, words underlined are added COLLIER COUNTY lAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATES. WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No, 91-102, the Collier County Land Development Code (hereinafter LDC), which has been subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance Number 04-41, which repealed and superceded Ordinance Number 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of County Commissioners pursuant to Section 10.02.09 A. of the LDC; and WHEREAS, this is the second amendment to the LDC, Ordinance 91-102, for the calendar year 2004, the first being the recodification in Ordinance 04-41; and WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on October 13, 2004, and November 10, 2004, and did take action concerning these amendments to the lDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, it is the intent of the board of county commissioners to ensure that each and every landowner has a beneficial use of owned property in accordance with the requirements of the Fifth and 14th Amendments to the United States Constitution, and thus, to provide an administrative procedure whereby landowners believing they have vested rights or have been or may be subjected to a taking of their private property by application of any law or Page 2 of 156 Words struek thro1:!gh are deleted, words underlined are added regulation promulgated by the county, may obtain relief through an efficient, nonjudicial procedure; and WHEREAS, the establishment of an administrative review and remedy procedure will promote the goals of the county's comprehensive plan in a manner which is consistent with section 2 of article I of the state constitution, guaranteeing all natural persons the inalienable right to acquire, possess and protect property; and WHEREAS, it is the specific intent of the board of county commissioners that no provision of its laws or ordinances be interpreted so as to take private property in an unconstitutional manner; and that no administrative determinations made under its laws or ordinances result in WHEREAS, it is the specific intent of the board of county commissioners either a temporary or permanent taking of private property without just compensation as required under the United States or state constitution; and WHEREAS, the board of county commissioners specifically intends that it be the duty and responsibility of the party alleging vested rights or a taking of property to affirmatively demonstrate the legal requisites of the claim alleged; WHEREAS, it is the board's specific intention that the procedures provided for in § 9.02.00, at saq., not be utilized routinely or frivolously, but rather, be solely limited to those extrame circumstances where vested rights may legitimately exist or a potential taking of private property or development rights would otherwise result; and WHEREAS, it is the intent of the board of county commissioners, consistent with the provisions of F.S. § 163.3161 (9), that the provisions of § 9.02,00, et saq., be utilized to sensitively administer the county comprehensive plan and its land development regulations; and WHEREAS, it is the intent of the board of county commissioners, consistent with the provisions of F,S. § 163.3161(9), that the provisions of § 9.02.00, at saq., not be utilized as a substitute for judicial relief for claims of Page 3 of 156 Words strnek thrÐ1:!gft are deleted, words underlined are added vested rights or from takings that have already occurred but to provide an opportunity to make a final decision regarding the applicability of certain land development regulations or comprehensive planning provisions to prevent inadvertent takings; and WHEREAS, it is the additional intent of the board of county commissioners to simplify the judicial inquiry regarding the "ripeness doctrine" as enunciated in Williamson County Regional Planning Council v. Hamilton Bank, 473 U.S. 172 (1985), and its progeny by providing a final decision after which a vested rights, equitable estoppel, or takings claim may be instituted in court; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the local government comprehensive planning and land development regulation act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. art. VIII, § 1 (g); and WHEREAS, the provisions of § 9.02.00, et seq., are specifically adopted in furtherance of the legislative intent as expressed in F.S. § 163.3161 (9), that the county recognize and respect judicially acknowledged or constitutionally protected private property rights and that all regulations and programs adopted under the local government comprehensive planning and land development regulation act (F.S. § 163.3161 et seq.) be developed, promulgated, implemented, and applied with sensitivity for private property rights; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of County Commissioners of Collier County, Florida, hereby makes the following findings of fact: Page 4 of 156 Words struek tbnmgh are deleted, words underlined are added 1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to prepare and adopt a Comprehensive Plan. 2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla. Stat., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the Act. 4, Sec. 163,3194(1)(b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not consistent with the adopted Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent. 5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements of See, 1634,3161 et seq. Fla. Stat., and Rule 9J-5, F.A.C. 7. Sec. 163.3194(1)(a), Fla. Stat., mandates that after a Comprehensive Plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3)(a), Fla, Stat., a development order or land development regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b). Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991 and may be amended twice annually. The Land Development Code adopted in Ordinance 91-102 was recodified and superceded by Ordinance 04-41. 11, Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within the total unincorporated are of Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other requirements and services, conserve, develop, utilize, and protect Page 5 of 156 Words stmek t-hro\:lgh are deleted, words underlined are added natural resources within the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. 13. Notwithstanding Section Four, Repealer, of Ordinance 04-41, it is the express intent of the Board of County Commissioners of Collier County that the effective dates of previously adopted LDC provisions enacted as part of Ordinance Number 91-102, as amended, will continue to be the dates that those provisions were previously considered to have become effective. This intent is supported by the Board's comprehensive re-adoption and re-codification of the substantively identical or similar land development regulations previously adopted and enacted as part of the LDC, Le., Ordinance 91-102, as amended, into the recodified LDC, with such action being further intended to act as a restatement of the LDC. A further expressly intended effect of this re-adoption and re-codification, notwithstanding any repeal of 91-102, as amended, is that the statutory provisions of Section 70.001(12) Fla. Stat. (2003), insulating land development regulations lawfully enacted and effective prior to May 11th 1995 from suit under the Bert J. Harris Act, will continue to be so applied such that those LDC provisions lawfully enacted and effective prior to May 11, 1995, will continue to be statutorily insulated from any claim arising under the Bert J. Harris Act. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A. AMENDMENTS TO ABBREVIATIONS SECTION 1.08.01 Section 1.08.01 Abbreviations, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: * * * * * * * * * * * ALF Assisted Living Facility APFC Adeauate Public Facilities Certificate (APFC) ASTM American Society for Testing and Materials * * * * * * * * * * * * LOS Level of Service NAICS North American Industrv Classification System NBMO North Belle Meade Overlay * * * * * * * * * * * * SUBSECTION 3.B. AMENDMENTS DEFINITIONS TO SECTION 1.08.02 Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Building, Zoned height of: The vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip, Page 6 of 156 Words strnek throl:lgh are deleted, words underlined are added and gambrel roofs. Exi£ting grade £hall not be altorod to gain building hoight. Where minimum floor elevations have been established by law or permit requirements, the building height shall be measured from such required minimum floor elevations. (See section 4.02,01, Exclusions from height limits, and off-street parking within a building.) Required minimum floor elevations shall be in conformance with the Collier County Administrative Construction Code (see County adopted FBC Section 104.2.1.2. Additional Requirements, 8. as set forth in Code of Laws § 22-26) and, if necessary, FDEP requirements for minimum habitable first-floor structural support. Rooftop recreational space and accessory facilities are also exempted from the limitations established for measuring the height of buildings. See Figure 3. Construction sian: A sian erected at a buildina site that disolays the name of the oroiect and identifies the owner, architect. enaineer. aeneral contractor. financial institutions or other firms involved with the desian or construction of the oroiect. Density, residential: The number of residential dwelling units permitted per gross acre of land allowed under the Comprehensive Plan's Density Rating System subject to limitations of the corresponding zoning district determined by dividing the development's total number of dwelling units by the total area of residential land within the legally described boundaries of the residential development's lot(s) or parcel (s). Total residential land area does not include existing platted land area for vehicular rights-of-way, whether public or private, nor land within a planned unit development district that is to be used for commercial uses. ef industrial uses. or a use that has a residential eauivalency, except where allowed by the GMP. Total residential land area may include land submerged beneath an existing freshwater body (e.g., ponds or lakes) so long as evidence of fee ownership of the submerged lands is provided at the time of development application, but may not include land submerged beneath tidal water bodies, nor lands considered to be marine wetlands. For purposes of calculating density the total number of dwelling units may be rounded up to the next whole number if the dwelling unit total yields a fraction of a unit .5 or greater. Destination resort hotel: A transient lodaina facility (i.e. - less than six months occupancy) where patrons aenerally stay for several days in order to utilize. enioy. or otherwise participate in certain amenities. natural or man-made. includina but not limited to: (j) direct access to the Gulf of Mexico. (ii) on-site aolf course and aolf- related facilities. (iij) health spa and/or fitness center, (jv) other recreational amenities and on-site services. includina full dinina services and cocktail (ounae. entertainment rooms for video and movies. and concierae services. Exceot that. for destination resort hotels frontina on the Gulf of Mexico. an on-site aolf course is not reauired. In all cases. a destination resort hotel must include full dinina services and a cocktail (ounae. and not less than 25 percent of the aross floor area must be devoted to common usaae and support service areas. such as but not limited to fitness room. health spa. media room. meetina rooms. dinina and lounae facilities. and spaces in support of hotel functions. Final local development order. Any valid, unexpired building permit issued by the county. As to the provisions in Sections 6.02.00 and 10.02.07. respectively. pertainina to COA's and adeauate public facilities only. a final local development order is a final subdivision plat. a final approved site development plan. or buildina permit or mobile home tie-down permit issued by the county. Ground sian: A sian. 8 ft in heiaht or lower which is independent of support from any buildina. that is mounted on freestandina poles or other supports. and shall include a pole cover that is between 50 percent and 100 percent of the overall sian width. Holidav decoration: An ornate embellishment placed specifically for the purpose of celebratina a specific holiday. holiday event or holiday season. Landowner: Any owner of a leaal or eauitable interest in real property. and includes the heirs. successors and assians of such ownership interests. includina developer's holdina development riahts susceptible to claims of vested riahts or takinas. Pennant: A piece of fabric or material which tapers to a ooint or swallow tail. which is attached to a strina or wire. either sinaularly or in series. Page 7 of 156 Words strnek throügh are deleted, words underlined are added Prima fa ade a licable to Section 5.05.08 anI and faces a public or private street. ublic view Renovation a licable to Section 5.05.08 onlv~ improvement. in whole or in part. of an existina buildin . Restoration remodelin where Takin s claim: An claim that falls within the sco e of section 9.02.10. of this code whether claimed to be temporary or permanent in character: SUBSECTION 3.C. AMENDMENTS TO SECTION 2.01.03 ESSENTIAL SERVICES County Land Development Code, is hereby amended to read as follows: Section 2,01.03 Essential Services, of Ordinance 04-41, as amended, the Collier 2.01.03 Essential services Essential Services are hereby defined as services designed and operated to provide water, sewer, gas, telephone, electricity, cable television or communications to the general pUblic by providers which have been approved and authorized according to laws having appropriate jurisdiction, and government facilities. Essential Services are allowed in any zoning district subject to the following conditions: * * * * * * * * * * * * * B. PERMITTED ESSENTIAL SERVICES IN CON DISTRICTS, RFMU SENDING LANDS, NRPAS, HSAS, AND FSAS. 1. Within CON Districts, Sending Lands in the RFMU District, NRPAs, and within designated Habitat Stewardship Areas (HSA) and Flow way Stewardship Areas (FSA) within the RLSA overlay district subject to the limitations set forth in section 4,08.08 fG1 C., the following essential services are permitted: * * * * * * * * * * * * * c. Sewer lines and lift stations, only if located within already cleared portions of existing rights-of-way or easements, and necessary to serve a publicly owned or privately owned central sewer system providing service to urban areas~ aR4lor the Rural Transition Water and Sewer District, as delineated on the Urban - Rural Frinae Transition Zone Overlav Map in the Future Land Use Element of the GMP; and, d. Water pumping stations necessary to serve a publicly Page 8 of 156 Words s-truelc tm-eugh are deleted, words underlined are added owned or privately owned central water system providing service to urban areas~ aAEYor the Rural Transition Water and Sewer District. as delineated on the Urban - Rural Frinae Transition Zone Overlav MaD in the Future Land Use Element of the GMP. * * * * * * * * * * * * * G. Conditional Uses, The following uses require approval pursuant to section 10.08.00 conditional uses: * * * * * * * * * * * * * 2. CONDITIONAL ESSENTIAL SERVICES IN RFMU SENDING LANDS, NRPAS, CON DISTRICTS, AND RLSA DESIGNATED HSAS AND FSAS. Within RFMU District Sending Lands, NRPAs, Con districts, and the RFLA designated HSAs and FSAs subject to the limitations set forth in section 4.08.08 ~ C.2" in addition to the essential services identified as allowed conditional uses in section 2.01.03 tGtf-B G.1. above, the following additional essential services are allowed as conditional uses: a, Sewer lines and lift stations necessary to serve a publicly owned or privately owned central sewer system providing service to urban areas~ aMfor the Rural Transition Water and Sewer District. as delineated on the Urban - Rural Frinae Transition Zone Overlav MaD in the Future Land Use Element of the GMP, when not located within already cleared portions of existing rights-of-way or easements; and b. Safety Services limited to law enforcement, fire, and emergency medical services, SUBSECTION 3.D. AMENDMENTS TO SECTION 2.03.05 OPEN SPACE ZONING DISTRICTS Section 2.03.05 Open Space Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.05 OPEN SPACE Zoning District * * * * * * * * * * * * * B. Conservation District "CON". * * * * * * * * * * * * * 1. Allowable uses. The following uses are allowed in the CON District. a, USES PERMITTED AS OF RIGHT. * * * * * * * * * * * * * (9) The following essential services: (a) Private wells and septic tanks necessary to serve uses identified in1 through 8 above. (b). Utility lines necessary to serve uses identified in1 through 8 above, with the exception of sewer lines. Page 9 of 156 Words strHek tßroHgh are deleted, words underlined are added (c) Sewer lines and lift stations if all of the following criteria are satisfied: L Such sewer lines or lift stations shall not be located in any NRPA Lands in the CON District; iL Such sewer lines or lift stations shall be located with already cleared portions of existing rights-or-way or easements; and iiL Such sewer lines or lift stations are necessary to serve a central sewer system that provides service to Urban Areas.;..,or to the Rural Transition Water and Sewer District~ delineated on the Urban - Rural Frinae Transition Zone Overlay Map in the Future Land Use Element of the GMP. (d) Water pumping stations necessary to service a central water system providing service to Urban Areas.;..,aRGtor the Rural Transition Water and Sewer District. as delineated on the Urban - Rural Frinae Transition Zone Overlay Map in the Future Land Use Element of the GMP, SUBSECTION 3.E. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS Section 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.07 G. Immokalee Overlay. * * * * * * * * * * * * * 6. Nonconforming Mobile Home Park Overlay Subdistrict. Establishment of special conditions for these properties which bY virtue of actions precedina the adoption of Ordinance No. 91-102. on October 30. 1991. were deemed to be nonconformina as a result of inconsistencies with the land development code. and are located within the Immokalee Urban Boundary as depicted on the Immokalee Area Master Plan. a. Purpose and intent. The purpose of these provisions is to recognize that there are nonconforming mobile home parks in the Immokalee Urban Area, to provide incentives to upgrade these parks while requiring the elimination of substandard units, and to allow park owners to take advantage of alternative development standards in order to cause some upgrading of conditions that would normally be required of conforming mobile home parks. Travel trailers, regardless of the square footage, are not permitted as a permanent habitable structure. b. Reauired site imorovement olan aoolication. The property owners of all nonconformina mobile home developments/parks that were in existence before November 13. 1991. Le.. that predate Ordinance No, 91-102. the land development code. shall be reauired to submit a site improvement plan (SIP) meetina the standards set forth below by January 9. 2003 or thereafter within the time frame set forth in an order of the Code Enforcement Board findina a violation of this section. or by the date set forth in a Compliance or Settlement Aareement entered into between Collier County and a property owner Page 10 of 156 Words struek tbrøHgh are deleted, words underlined are added acknowledaina such a violation and also establishinq the date by which such violation will be cured throuqh the SIP submittal process set forth below. c. The site improvement plan (SIP) master plan shall illustrate the way existinq buildinas are laid out and the infrastructure (i.e. utilities. streets. drainaae. landscaDina. parkina and the like) to serve those buildinas. The number and location of buildinas shall be reviewed for consistency with Code requirements (i.e. setbacks. space between buildinas. density. and the like). Similarly. the SIP shall serve to provide a basis for obtainina approval of required infrastructure improvements such as those referenced herein. The approved SIP showinq all of the above shall become the official record acknowledainq the leaal use of the property. Failure to initiate this process within the time frames set forth above. will result in a Code violation in which the property owner will be required to immediately remove all mobile homes which have not received a buildina permit and all mobile homes deemed to be unsafe and unfit for human habitation. and otherwise contrary to the county's housinq code unless otherwise prohibited by state law. d. For the specific requirements concernina the SIP submission referenced in b, and c. above. see section 10.02.05 F. of this code. SUBSECTION 3.F. AMENDMENTS TO SECTION 2.03.08 EASTERN lANDS/RURAL FRINGE ZONING DISTRICTS Section 2.03.08 Eastern lands/Rural Fringe Zoning Districts, of Ordinance 04-41, as amended, the Collier County land Development Code, is hereby amended to read as follows: 2.03.08 Eastern lands/Rural Fringe Zoning Districts A. Rural Fringe Mixed-Use District (RFMU District) 1. PURPOSE AND SCOPE. The purpose and intent of the RFMU District is to provide a transition between the Urban and Estates Designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. The RFMU District employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development. The RFMU District allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses and essential services deemed necessary to serve the residents of the RFMU District. The innovative planning and development techniques which are required and/or encouraged within the RFMU District were developed to preserve existing natural resources, including habitat for listed species, to retain a rural, pastoral, or park-like appearance from the major public rights-of-way, and to protect private property rights, a. ESTABLISHMENT OF RFMU ZONING OVERLAY DISTRICT. In order to implement the RFMU designation in the futuro land usa alomant Future Land Use Element (FLUE) of the GMP, the RFMU District,te shall be designated as "RFMUO" on the Official Zoning Atlas, and is hereby established. The County-wide Future Land Use Map is located in the Future Land Use Element of the GMP or can be obtained at the Community Development Buildinq. located at 2800 N. Horseshoe Drive. Naples. FL 34104. The lands included in the RFMU District and to which this section 2.03.08 apply are depicted by the following map: Page 11 of 156 Words simek tbrough are deleted, words underlined are added * * * * * * * * * * * * * * * * * * 3. Neutral Lands. * * * * * * * * * * * * a. ALLOWABLE USES, * * * * * * * * * * * * (3) Conditional Uses. The following uses are permissible as conditional uses subject to the standards and procedures established in section 10.08.00. * * * * * * * * * * * * (a) Facilities for the collection. transfer. processina. and reduction of solid waste. * * * * * * * * * * * * b. Density (1) Maximum Gross Density. The maximum gross density in Neutral lands shall not exceed one dwelling unit per five gross acres (0,2 Dwelling units per acre), except that the maximum gross density for those legal nonconforming lots or parcels in existence as of June 22, 1999, shall be one dwelling unit per lot or parcel. (2) Residential Clustering, Clustering of residential development is allowed and encouraged. Where clustered development is employed, it shall be in accordance with the following provisions: (a) If within the boundaries of the Rural Transition Water and Sewer District. as delineated on the Urban - Rural Frinae Transition Zone Overlav Map in the Future Land Use Element of the GMP, and consistent with the provisions of the Potable Water and Sanitary Sewer Sub- elements of this Plan, central water and sewer shall be extended to the project. Where County sewer or water services may not be available concurrent with development in Neutral lands, interim private water and sewer facilities may be approved. * * * * * * * * * * * * D. North Belle Meade Overlay District (NBMO) 1. PURPOSE AND INTENT. The North Belle Meade Overlay (NBMO) is unique to the RFMU District because it is surrounded by areas that are vested for development on three sides. Because this area is largely undeveloped and includes substantial vegetated areas, the NBMO can and does provide valuable habitat for wildlife, including endangered species. The NBMO is intended to achieve a balance of both preservation and opportunities for future development that takes into account resource protection and the relationship between this area and the Estates developing around the NBMO. Page 12 of 156 Words struek throl:lgh are deleted, words underlined are added 2. GENERAL LOCATION. The NBMO aFea District is surrounded by Golden Gate Estates to the north, east, and west and 1-75 to the south. This NBMO comprises some 24 sections of land aM {approximately 15,550 acres} and is located entirely within the RFMU District (section 2.03.08 A.). The boundaries of the NBMO District are outlined in IHustration 2.03.08 0.2, - A below and on the North Belle Meade Overlay MaD in the Future Land Use Element of the GMP ~ NORTH BELLE MEADE OVERLAY DISTRICT GOLDEN GATE BOULEVARD ;::- ~ ~ o ~ ~ Š lIJ ;5 o CQ '3 Q ~ E5 ~ ~ ~ ;5 o CQ E5 g (.) INTERSTA TE· 75 ~ ~ 1 1,11. .~ 1,/1, 0 [ p $tALt 11,/1. , LEGEND PREPARED B\': GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY OE'ÆLOPYENT A,,"O EN\IIRONMENT"'l S£R'o'ICES DIVISION DA1'E: 10/200J FilE: Ne"'-OYERlAV-YAP_2.DWG ~ DlSTRlCTaOUNOAR'!' Illustration 2.03.08 D.2. - A SUBSECTION 3.G. AMENDMENTS TO SECTION 2.04.03 TABLE OF LAND USES IN EACH ZONING DISTRICT Section 2.04.03 Table of Land Uses in Each Zoning District, of Ordinance 04-41, as follows: amended, the Collier County Land Development Code, is hereby amended to read as 2.04.03 Table of Land Uses in Each Zoning District The following tables identify the uses that are permissible by right in each zoning district and the uses that are allowable as CONDITIONAL or ACCESSORY USES. Table I. Permissible Land Uses in Each Zoning District * * * * * * * * * * * * * Page 13 of 156 Words struek tŒel:lgh are deleted, words underlined are added (f-H) f }aJJ}s!pqnS IUUUiJPJSiJH (Z-H) Z }aJJ}sJpqnS IUUUiJPJSiJH (~-~) ¡:Þ!J¡s!pqns IB!¡Uap!Sa~ ¡:ÞIJ¡S!pqns ¡UoJjJa¡BM ¡(BIJa^o aSn paXlll\la^IJC aJOLlS¡(Bg a. ¡(BIJð^O IBI:ÞJaWWO:) BJBqJBg B¡UBS a. a. (ðaIB)fOWWI) ¡(BIJa^o ¡ðaJ¡S UIBII\I (aaIB)OWWI) ,{BIJa^o ssauIsnqlJ6y (aaIB)OWWI) ,(BIJa^o ¡a)JBII\I WJB:I a. 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(-tlSH 1ã * ¡:: ,-tlSH .- ~ -- .- ~ * l-tlSH 4-< - ~ 3. ~ -- * ¡:: ~ Y u -- .- ::>D ;;. * .- -- u C\! .~. .~ . . I ~ 1ã """""' 0\ _~_ ...... N ",,"t-~~ 4-< * apo::> ::>IS ~ ~ ~~~.... 0 ~ "Ö B .;;¡ v -- * .... ;:j .- u - ¡:: 0 'ü 0 "Ö r..S u ~ ..... "Ö 1a c ¡:: * v v '" u '" S '" ...s ;:: ¡q ';j c ¡:: c .~ "@¡ ~ .9 ~ ~ ..... B ~ * :e ¡:: u.'!J v c "Ö v· g - 0 v ¡:: u C"Ö 0 II II $3 .8 e u« IJ) IJ) N * SUBSECTION 3.H. ADDITION OF SECTION 2.06.04 LIMITATIONS ON AFFORDABLE HOUSING DENSITY BONUS Section 2.06.04 Limitations on Affordable Housing Density Bonus, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby added to read as follows: 2.06.04 Limitations on affordable housina density bonus. Anvthina to the contrary notwithstandina, the followina limitations and conditions shall atJDIY to all of the AHDB for a develoDment: A. Affordable housina density bonus develooment aareement reauired. The AHDB shall be available to a develoDment only when an AHDB develoDment aareement has been entered into by the developer/aDDlicant and the BCC. and such aareement has been approved by the county attorney and the BCC pursuant to the public hearina process established in this section prior to execution, Amendments to such aareement shall be processed in the same manner as the oriainal aareement. The AHDB develoDment aareement shall include. at a minimum. the followina provisions: 1. Leaal description of the land subiect to the aareement and the names of its leaal and eauitable owners. 2. Total number of residential dwellina units in the develoDment. 3. Minimum number of affordable housing units. cateaorized by level of household income. type of unit (sinale-family or multifamily. owner- occupied or rentaD. and number of bedrooms. reauired in the develoDment. 4. Maximum number of AHDB dwelling units permitted in the develoDment. 5. Gross residential density of the develoDment. 6. Amount of monthly rent for rental units. or the price and conditions under which an owner-occupied unit will be sold. for each type of affordable housina unit in accordance with the definition for each type of affordable housina rental unit (moderate. low. and very low). 7. The foreaoina notwithstandina. any rent charaed for an affordable housina unit rented to a low or very low income family shall not exceed 90 percent of the rent charaed for a comparable market rate dwellina in the same or similar develoDment. Comparable market rate means the rental amount charaed for the last market rate dwellina unit of comparable sauare footaae, amenities. and number of bedrooms. to be rented in the same develoDment. 8. No affordable housina unit in the develoDment shall be rented to a tenant whose household income has not been verified and certified in accordance with this division as moderate. low. or very low income family. Such verification and certification shall be the responsibility of the developer and shall be submitted to the County Manaaer or his desianee for apProval. Tenant income verification and certification shall be repeated annually to assure continued eliaibility. 9. No affordable housina unit that is to be sold. leased with option to purchase. or otherwise conveyed in the develoDment shall be sold, leased with option to purchase. or otherwise conveyed to a buyer whose household income has not been verified and certified in accordance with this section as moderate. low. or very low income family. Such verification and certification shall be the responsibility of the developer and shall be submitted to the County Manaaer or his desianee for approval. It is the intent of this section to keep housina affordable: therefore. any person who buys an affordable housing unit must aaree, in a lien instrument to Page 25 of 156 be recorded with the clerk of the circuit court of Collier County. Florida. that if he sells the property (includina the land and/or the unit) within 15 years after his oriainal purchase at a sales price in excess of five percent per year of his oriainal purchase price that he will pay to the county an amount equal to one-half of the sales price in excess of five percent increase per year. The lien instrument may be subordinated to a QualifyinQ first mortaaae. 10. For example. a person oriainallY buys a desianated affordable housina unit (a house) for $60.000.00 and sells it after five years for $80.000.00. A five percent increase per year for five years will Qive a value of $76.577.00. Deductina this amount from the sales price of $80.000.00 aives a difference of $3.423,00. The seller would then owe the county $1.711.50 (one-half of $3.423.00). Payment of this amount would release the first owner from the recorded lien aaainst the property. Such payment shall be maintained in a seareaated fund. established by the county solely for affordable housina purposes. and such money shall be used solely to encouraQe. provide for. or promote affordable housina in Collier County. 11. No affordable housina unit in any buildina or structure in the develocment shall be occupied by the developer. any person related to or affiliated with the developer. or a resident manaaer. 12. When the developer advertises. rents. sells or maintains the affordable housina unit. it must advertise. rent. sell. and maintain the same in a nondiscriminatory manner and make available any relevant information to any person who is interested in rentinQ or purchasina such affordable housina unit. The developer shall aaree to be responsible for payment of any real estate commissions and fees. The affordable housina units in the develocment shall be identified on all buildina plans submitted to the county and described in the application for AHDB. 13, The developer shall not disclose to persons. other than the potential tenant. buyer or lender of the particular affordable housing unit or units. which units in the develocment are desianated as affordable housina units. 14. The square footaae. construction and desian of the affordable housina units shall be the same as market rate dwellina units in the develocment. 15. The AHDB aQreement and authorized develocment shall be consistent with the arowth manaaement plan and land develocment reaulations of Collier County that are in effect at the time of develocment. Subsequently adopted laws and policies shall apply to the AHDB aareement and the develocment to the extent that they are not in conflict with the number. type of affordable housina units and the amount of AHDB approved for the develocment. 16. The affordable housina units shall be intermixed with. and not seareaated from. the market rate dwellina units in the develocment. 17. The conditions contained in the AHDB develocment aareement shall constitute covenants. restrictions. and conditions which shall run with the land and shall be bindina upon the property and every person havina any interest therein at anytime and from time to time. 18. The AHDB develocment agreement shall be recorded in the official records of Collier County. Florida. subsequent to the recordation of the arant deed pursuant to which the developer acquires fee simple title to the property. 19. Each affordable housina unit shall be restricted to remain and be maintained as the type of affordable housing rental unit (moderate. low or very low income) desiQnated in accordance with the AHDB develocment aareement for at least 15 years from the issuance of a Page 26 of 156 certificate of occupancy for such unit. 20. The developer and owner of the develoDment shall provide on-site manaaement to assure a ro riate securit maintenance and a earance of the develo ment and the dwellin units where these issues are a factor. B. Com liance with rowth mana ement Ian and land deve/o ment re ulations. The AHDB shall be available to a develo ment onl. to the extent that it otherwise complies and is consistent with the GMP and the land develoDment re ulations includin the rocedures re uirements conditions and criteria for planned unit develoDments (PUDs) an~ rezoninas. where applicable. C. Minimum number of affordable housina units. The minimum number of affordable housina units that shall be provided in a develoDment pursuant to this section shall be ten affordable housina units. D. Nontransferable. The AHDB is not transferrable between develoDments or properties. E. Phasin . In the case where a develo ment will occur in more than one hase the ercenta e of affordable housin units to which the develo er has committed for the total develoDment shall be maintained in each phase and shall be constructed as part of each phase of the develoDment on the property. For exam Ie if the total develo ment's AHDB is based on the rovision of ten ercent of the total dwellin units as affordable housin rental units for low income households with two bedrooms per unit. then each phase must maintain that same ercenta e ten ercent in this case cumulatively. SUBSECTION 3.1. ADDITION OF SECTION 2.06.05 AFFORDABLE HOUSING DENSITY BONUS MONITORING PROGRAM Section 2.06,05 Affordable Housing Density Bonus Monitoring Program, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby added to read as follows: 2.06.05 Affordable housina densitv bonus monitorina lJroaram. A. Page 27 of 156 prior to expiration of the 60-day submission deadline. B. Income verification and certification. 1. Eliaibilitv. The determination of eliaibility of moderate. low. and very low income families to rent or buy and OCCUpy affordable housina units is the central component of the AHDB monitorina proaram. Family income eliaibility is a three-step process: (1) submittal of an application by a buyer or tenant; (2) verification of family income: and (3) execution of an income certification. All three shall be accomplished prior to a buyer or tenant beina aualified as an eliaible family to rent or purchase and OCCUpy an affordable housina unit pursuant to the AHDB proaram. No person shall OCCUpy an affordable housina unit provided under the AHDB proaram prior to beina aualified at the appropriate level of income (moderate. low or very low income). 2. The developer shall be responsible for acceptina applications from buyers or tenants. verifYina income and obtainina the income certification for its development which involves AHDB. and all forms and documentation must be provided to the County Manaaer or his desianee prior to aualification of the buyer or tenant as a moderate. low or very low income family. The County Manaaer or his desianee shall review all documentation provided. and may verify the information provided from time to time. Prior to occupancy by a aualified buyer or tenant. the developer shall provide to the County Manaaer or his desianee. at a minimum. the application for affordable housina aualification. includina the income verification form and the income certification form, and the purchase contract. lease. or rental aareement for that aualified buyer or tenant. At a minimum. the lease shall include the name, address and telephone number of the head of household and all other occupants. a description of the unit to be rented. the term of the lease. the rental amount. the use of the premises. and the riahts and obliaations of the parties. Random inspections to verify occupancy in accordance with this section may be conducted by the County Manaaer or his desianee. 3. ADDlication. A potential buyer or tenant shall apply to the developer. owner. manaaer. or aaent to aualify as a moderate. low. or very low income family for the purpose of rentina and occupyina an affordable housina rental unit pursuant to the AHDB proaram. The application for affordable housina aualification shall be in a form provided by the County Manaaer or his desianee and may be a part of the income certification form. 4. Income verification. The County Manaaer or his desianee or the developer shall obtain written verification from the potential occupant (includina the entire household) to verify all reaular sources of income to the potential tenant (includina the entire household). The written verification form shall include. at a minimum. the purpose of the verification. a statement to release information. employer verification of aross annual income or rate of pay. number of hours worked. freauency of pay. bonuses. tips and commissions and a sianature block with the date of application. The verification may take the form of the most recent year's federal income tax return for the potential occupants (includina the entire household). a statement to release information. tenant verification of the return. and a sianature block with the date of application. The verification shall be valid for UP to gO days prior to occupancy. Upon expiration of the gO-day period. the information may be verbally updated from the oriainal sources for an additional 30 days. provided it has been documented by the person preparina the oriainal verification. After this time. a new verification form must be completed. 5, Income certification. Upon receipt of the application and verification of income. an income certification form shall be executed by the potential buyer or tenant (includina the entire household) prior to sale or rental and occupancy of the affordable housina unit by the owner or tenant. Income certification that the potential occupant has a moderate. IOW~ or very low household income aualifies the potential occupant as an elUble Page 28 of 156 family to buy or rant and OCCUPy an affordable houslna unit ~n~ar the AHDB Drooram. The income certification shall be in a form Dr vi ed by the County Manaoer or his desionee. SUBSECTION 3.J. ADDITION OF SECTION 2.06.06 VIOLATIONS AND ENFORCEMENT Section 2.06.06 Violations and Enforcement, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby added to read as follows: 2.06.06 Violations and enforcement. A. Violations. It is a violation of section 2.06.00 to rent. sell or OCCUDY. or attemDt to rent. sell or OCCUpy. an affordable housina rental unit Drovided under the AHDB Drooram exceDt as sDecifically permitted by the terms of section 2.06.00. or to knowinaly oive false or misleadina information with respect to any information re~uired or re~uested by the County Manaaer or his desionee or by other Dersons Dursuant to the authority which is deleaated to them by section 2.06.00. B. Notice of violation. Wheneyer it is determined that there is a Yiolation of section 2.06.00. a notice of violation shall be issued and sent by the County Manaaer or his desianee by certified return receipt requested U.S. mail. or hand delivery to the Derson or developer in Yiolation of section 2.06,00. The notice of violation shall be in writinQ. shall be sianed and dated by the County Manaaer or his desiQnee or such other county Dersonnel as may be authorized by the BCC. shall specify the Yiolation or violations. shall state that said violation(s) shall be corrected within ten days of the date of notice of violation. and shall state that if said violation(s) is not corrected by the sDecified date that civil and/or criminal enforcement may be Dursued. If said violation(s) is not corrected by the sDecified date in the notice of violation. the County Manaaer or his desionee shall issue a citation which shall state the date and time of issuance. name and address of the Derson in violation. date of the violation, section of these reQulations. or subsequent amendments thereto. violated. name of the County Manaaer or his desianee. and date and time when the violator shall aDDear before the code enforcement board. C. Criminal enforcement. Any person who violates any provision of this section shall. UDon conviction, be Dunished by a fine not to exceed $500,00 Der violation or by imprisonment in the county jail for a term not to exceed 60 days. or by both. pursuant to the Drovisions of F.S. & 125.69. Such person also shall pay all costs. includinQ reasonable attorneys fees. includino those incurred on aDDeal. involved in the case. Each day such violation continues. and each violation. shall be considered a separate offense. D. Civil enforcement. In addition to any criminal penalties which may be imposed pursuant to section 2.06.06 C. above. Collier County and the County ManaQer or his desianee shall have full power to enforce the terms of this section and any AHDB development aareements. rezoninQ conditions or stipulations. and planned unit development (PUD) conditions and stipulations pursuant to this section and the riQhts. privileaes and conditions described herein. by action at law or equity. In the event that it is determined that a violation has occurred and has not or will not be corrected within 60 days, the certificate of occupancy for all AHDB units within the development shall be withdrawn and the sanctions or penalties provided in the AHDB development aareement shall be pursued to the fullest extent allowed by law, SUBSECTION 3.K. AMENDMENTS TO SECTION 3.05.10 LITTORAL SHELF PLANTING AREA (LSPA) Page 29 of 156 Section 3.05,10 Littoral Shelf Planting Area (LSPA), of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: * * 3.05.10 * * * * * * * * * * * * * Littoral Shelf Planting Area (LSPA) * * * * * * * * * * * C. Application to existing lakes. All previously approved projects reQuirinq littoral plantinqs shall meet the Operational requirements roquirod set out in 3.05.10 B. above. 1. Projects with previouslv approved littoral planting requirements aftG constructed according to previous standards required at the time of approval. may havo to aftG that do not meet the operational requirements of 3.05.10 B.. shall meet the ReW-current standards if tho littoral sholvos aro no longor functioning, subject to the following criteria: a. The amount of planted area shall be the same as that required in the original approval; b. The property owner shall assess the existing slopes and elevations in order to determine the appropriate location of the plantings subject to the criteria found in 3.05,10 A,3. The planted area shall be consolidated as much as possible subject to the criteria found in 3.05.1 0 A,2.~ c. Subject to the assessment described in b.t the existing planting slopes should be as flat as possible but the 8:1 requirement of 3.05,10 A,4. shall not be required. Re-Qradinq of existinq slopes will not re required.: d. Plant selection and specifications shall conform to 3.05.10 A,5.; e, Signage of the planted littoral areas shall be required subject to 3.05.10 A,6.: and f. A written assessment and site plan shall be required if it is determined bv the assessment of the lakes that the new littoral shelf plantinq area will differ from the approved plan of record. SUBSECTION 3.L. AMENDMENTS TO SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.00 SITE DESIGN STANDARDS 4.02.01 Dimensional Standards for Principle Uses in Base Zoning Districts A. The following tables describe the dimensional standards pertaining to base zoning districts. Site design requirements apply to the principal building on each site. * * * * * * * * * * * * * Page 30 of 156 Table 2. Buildina Dimension Standards for Principle Uses in Base Zonina Districts. Minimum Maximum Distance Minimum Floor Area of Building Height Between Buildings Floor area ratio Zoning District (feet) Buildings (square feet) (%) GC 35 None None None A 35 None 550 None E 30 None 1,000 None 1-story 2-story RSF-1 35 None 1,500 1,800 None RSF-2 35 None 1,500 1,800 None RSF-3 35 None 1,000 1,200 None RSF-4 35 None 800 1,200 RSF-5 35 None 600 1,200 None RSF-6 35 None 600 800 None RMF-6 Three (J) A 750 None habitable floors 35 RMF-12 50 A Efficiency 450 1 BR 600 None 2+ BR 750 RMF-16 75 A Efficiency 450 1 BR 600 None 2+ BR 750 RT 10 stories, not to 300 exceed 1 00' A (max. for hotel units = None 500') VR S.F. 30 None MH 30 None Duplex 30 None None None M.F. 35 B MH 30 None None None TTRVC 30 10 None None C-1 35 None 1,000 (around floor) None C-2 35 A 1,000 (around floor) None C-3 50 None 700 (around floor) None C-4 75 A 700 (ground floor) Hotels .60 Destination resort .80 C-5 35 A 700 (ground floor) Hotels .60 Destination resort .80 I 50 A 1,000 None BP 35 A 1,000 None CON 35 None None None P C None None None CF Towers/antennas D 1,000 (ground floor) None 40 Other 30 Overlay See table of special design requirements applicable to overlay districts. Districts A = 50% of the sum of the heights of the buildings, but not less than 15 feet. B = 50% of the sum of the heights of the buildings. C = buildings within 100 feet of an adjoining district are limited to the height of the most restrictive of an adjoining district. D = 50% of the sum of the heights of the buildings, but not less than 25 feet. SUBSECTION 3.M. AMENDMENTS TO SECTION 4.05.02 DESIGN STANDARDS Section 4.05.02 Design Standards, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 31 of 156 4.05.02 Design Standards * * * * * * * * * * * * * K. Exemptions to locational requirements * * * * * * * * * * * * * 3. Parkina exemotion. a. The BZA. after review and recommendation by the planning commission. may apProve a parkina exemption under the followina circumstances: (1) The permitted use and the proposed off-site parkina lot are separated by a collector or arterial roadway; (2) The lot proposed for off-site parkina is not zoned commercial: (3) Shared parkina. in which two or more permitted uses utilize the same. or a portion of the same reauired parkina. (4) Parkina reservation. in which the petitioner believes that the number of reauired parkina spaces is excessive and wishes to reduce the number of parkina spaces reauired to be constructed. while reservina the land area for future ~arking spaces if determined necessary by the County Mana er or his desianee. or the BZA. (5) Structures in commercial zonina districts shall be set back a minimum of 15 feet from residentiallY zoned lots which have been aranted a parkina exemption. b. The plannina commission and the BZA shall consider the following criteria for the approval of a parkina exemption: (1) Whether the amount of off-site parkina is reauired bì' sections 4.05.04 G. and 4,05.09. or is in excess of these reauirements. (2) The distance of the farthest parkina space from the facility to be served. (3) Pedestrian safety if the lots are separated by a collector or arterial roadway. (4) Pedestrian and vehicular safety. (5) The character and auality of the neiahborhood and the future development of surroundina properties. 6 7 Whether the internal traffic flow is re uired to leave the site to reach the proposed off-site parkina. (8) Whether vehicular access shall be from or onto residential streets. (9) Whether buffers adiacent to the property zoned residential are 15 feet in width and include a wall in addition to reauired landscapina. 10 Whether the off-site parkina, Page 32 of 156 (11) Whether the off-site parkina area will be used for employee parkina. (12) Whether there are more Yiable alternatives available. f:. Off-street parkina areas must be accessible from a street. allev or other DubUc riaht-ot-wav and all off-street parkina facilities must be so arranaed that no motor vehicle shall have to back onto any street. excludina sinale-family and two-family residential dwellinas and churches approved under sections 4.05.04 G. and 4.05.09. SUBSECTION 3.N. 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: 4.06.02 Buffer Requirements * * * * * * * * * * * * * C. Table of buffer yards 4,. Types of buffers. Within a required buffer strip, the following alternative shall be used based on the matrix in table 2.4. .1. Alternative A: Ten-foot-wide landscape buffer with trees spaced no more than 30 feet on center. 6... Alternative B: Fifteen-foot-wide, 80 percent opaque within one year landscape buffer six feet in height, which may include a wall, fence, hedge, berm or combination thereof, including trees spaced no more than 25 feet on center. When planting a hedge, it shall be a minimum of ten gallon plants five feet in height, three feet in spread and spaced a maximum four feet on center at planting. 3. Alternative C: 20-foot-wide, opaque within one year, landscape butter 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-ot-way requirement of a six-foot wall, fence, hedge, berm or combination thereof. These projects shall provide a meandering Type D landscape buffer hedge. In addition, a minimum of 50 percent of the 25-foot wide buffer area shall be composed of a meandering bed of shrubs and ground covers other than grass. 4. Alternative D: A landscape buffer shall be required adjacent to any road right-ot-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-ot-way. Where the ultimate width of the right-ot-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-ot-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-ot-way. Activity center right-ot-way buffer width requirements shall not be applicable to roadways internal to the development. a. Trees shall be spaced no more than 30 feet on center in the Page 33 of 156 landscape buffer abutting a right-of-way or primary access road internal to a commercial development. !h A continuous three aallon double row hedge spaced three feet on center of at least 24 inches in height at the time of planting and attaining a minimum of three feet height within one year shall be required in the landscape buffer where vehicular areas are adjacent to the road right-of-way, pursuant to section 4.06.05 CA. c, Where a fence or wall fronts an arterial or collector road as described by the transportation circulation element of the growth management plan, a continuous three aallon single row hedge a minimum of 24 inches in height spaced three feet on center, shall be planted along the right-of-way side of the fence. The required trees shall be located on the side of the fence facing the right-of-way. Every effort shall be made to undulate the wall and landscaping design incorporating trees, shrubs, and ground cover into the design, It is not the intent of this requirement to obscure from view decorative elements such as emblems, tile, molding and wrought iron. s:L. The remaining area of the required landscape buffer must contain only existing native vegetation, grass, ground cover, or other landscape treatment. Every effort should be made to preserve, retain and incorporate the existing native vegetation in these areas. TABLE 2A TABLE OF BUFFER REQUIREMENTS BY LAND USE CLASSIFICATIONS Adiacent ProDerties Zonina District and/or ProDert\ Use Subj 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ect Prop erty's Distri ct/Us e 1. - B B B B B A A A A D A - A Agric ulture (A1) 2. A A B B B B B C B * D B C - Resi denti al (E, RSF) singl e- fami! v 3. A B A N,ð A B B B B * D B - C Resi denti al (RMF -6, RMF- 12, RMF- 16) multif amilv Page 34 of 156 4. A B A A B B A B B * 0 B B - Resi denti al touris t (RT) 5. A A B B A B B B B * 0 B B - Villag e resid ential (VR) 6. A B B B B A B B B * 0 B B B Mobil e home (MH) 7. A B B B B B A A A * 0 B B B Com merci al3 (C-1, C- 1/T, C-2, C-3, C-4, C-5); Busin ess Park (BP) 8. A C B B B B A A¿ A * 0 B B B Indus trial2 (I) 9. A B B B B B A A A * 0 B C - Publi c use (P), com munit y facilit y (CF), Golf Cour se Club hous e, Ame nity Cent er 10. * * * * * * * * * * 0 * * * Plan ned unit devel opme nt (PUD ) Page 35 of 156 11. D D D D D D D D D D - B - D Vehic ular rights -of- way 12. B B B B B B B B B B B A B C Golf cours e maint enan ce build ing 13. - - - - - - - - - - - B - C Golf cours e 14. A C C B B B B B C * D C C D Auto mobil e servi ce statio n e. The letter listed under "Adjacent Properties Zonina District and/or Property Use" shall be the landscape buffer and screening alternative required. Where a conflict exists between the buffer reauired by zonina district or property use. the more strinaent buffer shall be reauired. The "-" symbol shall represent that no buffer is required. The PUD district buffer, due to a variety of differing land uses, is indicated by the "*" symbol, and shall be based on the landscape buffer and screening of the district or property use with the most similar types, densities and intensities of use. Where a conflict exists between the buffering requirements and the yard requirements of this Code, the yard requirements of the subject zoning district shall apply. 1 Buffering in agriculture (A) districts shall be applicable at the time of site development plan (SDP) submittal. 21ndustrial (I) zoned property, where abutting industrial (I) zoned property, shall be required to install a minimum five-foot-wide type A landscape buffer adjacent to the side and rear property lines. This area shall not be used for water management. In addition, trees may be reduced to 50 feet on center along rear and side perimeter buffers only. This reduction in buffer width shall not apply to buffers adjacent to vehicular rights-of-way or nonindustrial zoned property. 3Buffer areas between commercial outparcels located within a shopping center may have a shared buffer 15 feet wide with each adjacent property contributing 7.5 feet. This does not apply to right-of-way buffers. f. Refer to section 5.05.05 for automobile service station landscape requirements. a,. 5, Business Parks A 25-foot wide landscape buffer shall be provided around the boundary of the business park. A six-foot tall opaque architecturally finished masonry Page 36 of 156 wall, or berm, or combination thereof shall be required and two staggered rows of trees spaced no more than 30 feet on center shall be located on the outside of the wall, berm, or berm/wall combination, J:r.. Q.. Buffering and screening standards. In accordance with the provisions of this Code, loading areas or docks, outdoor storage, trash collection, mechanical equipment, trash compaction, vehicular storage excluding new and used cars, recycling, roof top equipment and other service function areas shall be fully screened and out of view from adjacent properties at ground view level and in view of roadway corridors. SUBSECTION 3.0. AMENDMENTS TO SECTION 4.06.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS-OF-WAY Section 4.06.03 Landscaping Requirements for Vehicular Use Areas and Rights-of- Way, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.06.03 Landscaping Requirements tor Vehicular Use Areas and Rights-at-Way * * * * * * * * * * * * * B. Standards for landscaping in Vehicular Use Areas 1. Landscaping required in interior of vehicular use areas. At least ten percent of the amount of vehicular use area on-site shall be devoted to interior landscaping areas. The width of all curbing shall be excluded from the required landscaped areas. All interior landscaped areas not dedicated to trees or to preservation of existing vegetation shall be landscaped with grass, ground cover, shrubs or other landscape treatment. One tree shall be provided for every 250 square feet of required interior landscaped area. Interior landscaped areas shall be a minimum of five feet in width and 150 square feet in area. The amount of required interior landscape area provided shall be shown on all preliminary and final landscape plans. 2. All rows of parking spaces shall contain no more than ten parking spaces uninterrupted by a required landscaped island which shall measure inside the curb not less than eight feet in width and at least eight feet in length and at least 100 square feet in area. At least one tree shall be planted in each island. These islands shall not be used as retention areas or as swales. Landscape islands for compact car parking areas shall be at least seven feet in width and at least 100 square feet in area, These tree requirements shall be met with existing native trees whenever such trees are located within the parking area and may be feasibly incorporated into the landscaping. Where existing trees are retained in a landscape island the amount of parking spaces in that row may be increased to 15. A parking stall shall be no farther than 50 feet from a tree, measured to the tree trunk. Interior landscaping areas shall serve to divide and break up the expanse of paving at strategic points and to provide adequate shading of the paved area. Perimeter landscaping shall not be credited toward interior landscaping. LAII rows of parking spaces shall be bordered on each end by curbed landscape islands as shown in Figure 3, Terminal Landscape Islands. Each terminal island shall measure inside the curb not less than eight feet in width and extend the entire length of the single or double row of parking spaces bordered by the island. Tvpe D curbina is reauired around all landscape islands, Lay on curbing chall not bo pormittod. A terminal island for a single row of parking spaces shall be landscaped with at least one canopy tree. A terminal island for a double row of parking spaces shall contain not less than two canopy trees. The Page 37 of 156 * * remainder of the terminal island shall be landscaped with sod, ground covers or shrubs or a combination of any of the above. * * * * * * * * * * * 4. Interior landscaping areas shall be provided within the interior of all vehicular use areas. Landscaped areas, wall structures, and walks shall require protection from vehicular encroachment through appropriate wheel stops or curbs or other structures. 5. Required landscape islands and perimeter planting beds shall be graded to provide positive drainage. Curbing around landscape areas shall include curb cuts where necessary so as not to inhibit positive drainage. 6. Interior landscaping areas shall meet the requirements of sections 4.06.05 G. and 4.06.05 J. Alternative designs may be approved that achieve equivalent results subject to approval by the planning csrvicoc dirootor Countv Manaaer or his desianee. ~ L Vehicular overhang of landscape areas. See section 4.05.04, Exhibit A. ð,. ª" Green space required in shopping centers and freestanding retail establishments with a floor area greater than 40,000 square feet. An area that is at least seven percent of the size of the vehicular use areas must be developed as green space within the front yard(s) or courtyards of shopping centers and retail establishments and must be in addition to the building perimeter planting area requirements. The courtyards must only be located in areas that are likely to be used by pedestrians visiting the shopping center and retail establishment. The seven percent green space area must be in addition to other landscaping requirements of this division, may be used to meet the open space requirements (section 4.02.01), and must be labeled "Green Space" on all subdivision and site plans. (Refer to section 5.05.08, Architectural and Site Design Standards and Guidelines for Commercial Buildings and Projects.) The interior landscape requirements of these projects must be reduced to an amount equal to five percent of the vehicular use area on site. Green space must be considered areas designed for environmental, scenic or noncommercial recreation purposes and must be pedestrian-friendly and aesthetically appealing, Green space may only include the following: lawns, mulch, decorative plantings, nonprohibited exotic trees, walkways within the interior of the green space area not used for shopping, fountains, man made watercourses (but not water retention areas), wooded areas, park benches, site lighting, sculptures, gazebos, and any other similar items that the planning service director deems appropriate. Green space must include: walkways within the interior of the green space area not used for shopping, a minimum of one foot of park bench per 1,000 square feet of building area. The green space area must use existing trees where possible and landscaping credits will be allowed as governed by table 4,06.04 D. The green space areas must be located in areas that are in close proximity to the retail shopping area. Benches may also be located in interior landscaped areas and 75 percent of the benches may be located adjacent to the building envelope along paths, walkways and within arcades or malls, 4: 9. Landscaping required for section 5.05.08 buildings over 20,000 square feet. The following requirements will be counted toward the required greenspace and open space requirements of this Chapter of this Code. a. Trees in vehicular use areas must be a minimum of 14 to 16 feet height with a six- to eight-foot spread and a three- to four-inch caliper and must have a clear trunk area to a height of six feet. Page 38 of 156 b. The first row of landscape islands located closest to the building front and sides must be landscaped with trees, palms, shrubs and ground covers and must have a clear trunk area to a height of seven feet. SUBSECTION 3.P. AMENDMENTS TO SECTION 4.06.04 TREE AND VEGETATION PROTECTION Section 4.06.04 Tree and Vegetation Protection, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.06.04 Trees 3REf VegetatioR Protestien 1\. Gonorally 1. Ci~N:JrjA€J, f}f:lC#Ag :lnd fiI,lfng: ~~~~ of woosy vegetation req"ires a per",it .e..)e:~~~::: :::.;~: :: :: e~'~~ ~g~ ~amlly heme e!her than IA Ce a.v .__: ~~~ ~on Aative aRS Aoliva waasy vegetation witho"! par;;¡¡; _~~= ~E~~'~n troe€: aro Involvod. /\ minimum numbor of roqUlr;; ~;~'o shall bo maintainod as røquirocf by E:oction 1.0ê.05/\. 3. Permittød romm<ai of \If)fJøt3t,ion: i. SUSDIVISIONS: Ro€:idontial, commorcial or industrial SUSDI~/ISIO~S, upon approval of construction drm':ing~ for tho ontlro PFOJoct or any glvon phase thoroof, may cloar -fsF-tho construction of tho infrastructuro within that phaso. Road RIGHTS OF 'ft.'A.Y, and drainago and utility iASiMiNT aroas m3Y bo cloarod. a) 'Nator managomont arom: roquiring excavation permits may bo cloarod upon issuanco of an oxcavation pormit and a roquirod sop3rato '¡egetation romoval pormit. b) Indi':idual single family LOTS or SLOCKS of LOTS nldY not be olea rod unlo€:G a soparato vogotation romu'!31 3nd site filling pormit (VRSFP) is obt3ined as roquifea by seotion 4.06.04 /\.1,a.3. ii. Site Di\fiLOPMiNT ßiaRs (SDPs): 3) Cemmere,iai :lAd moos/ria!: .^.ppro'lal of a commorcial or industrial SOP or SIP incluc/oG pormission to oloar for all infrastructuro improvomonts and fur tho SUILDING pad as sho'Nn on tho 3pprO':od SOP, b) Res.iGient.bi SDPs: /\pproval of 3 residontial SOP includos permisGion to olear fur infraGtruoturo only. Cloaring and filling of SUILDING Gitos is not pormittod unlo€:s a separato vogotation romo'lal and site filling pormit is obtainod as roquirod by €:ection 4,Oê.04 /\.1.a.3. 3. Vegetation ::omov3,1 and site 'iNlAY ßermits ('IP.sFPs): 3) 1\ do'¡olopor '::iII bo pormittod to olear up to 25 acres of residontial, commercial, or industrial LOTS to G~ro OXC?SG fill gonoratod by lake oxc3vation€: within the PUg. or-ßFejeGt whoro tho oxoavation i€: taking placo. b) /\n appro'lod SOP or an appro':od plat must oxist fur tho P^RCiL on which tho fill is to bo storod. Page 39 of 156 c) The application to "clear and fill" in ordor to e:tore eXCOGe: fill mue:t 130 accompaniod by ::I plan drawn on tho approvod SOP or plat, Ghowing tho following: i) Tho IimitG of oach e:op::lrato e:tockpilo mUGt be cloarly delinoatod and tho aroa, hoight, crose: e:oction, and volumo of oach indi':idual stockpilo mue:t appoar on tho dr::lwing roferoncod to tho e:tookpile. Slopos must not be e:toopor than a ratio of 1: 1. ii) Tho typo of vogotation to 130 romo'./od mue:t 130 sho'Nn on tho drawing. iii) Tho sourco of the motorial, e:uoh ae: lako numbor (lake tf) for oach e:tock pile mue:t 130 indicated on tho drawing. iv) Cloaring to Gtore oxcose: fill 'Nill 130 pormittod in maximum blocks of 25 aoree: ::It a timo. 'Nhon a 25 ::Ioro SLOCK iG noaring cap::lcity, pormie:e:ion to excavate additional 25 acre SLOCKS may 130 appliod feF,. d) To allow for e:afety during troo romoval, if a dovolopor ownÐ contiguous Gingle family lots, tho treoe: on tho e:inglo family lote: diroctly ADJJ\CIiNT to ::I LOT whoro ::I houe:o ie: under cone:truction may 130 romovod, if romoval at::l futuro d::lto may 130 a dang or to lifo or proporty. .'\. VRSFP must be grantod prior to romoval of thoe:o trem::. e) Rovogotation: For VRSFPe: within SUSDIVISIONS, a revogetation bond in tho form of a performance bond, lettor of orodit, or oae:h bond and in tho amount of $5,000.00 por acre must 130 poe:tod. f) VI/hon fill ie: ue:od to bring SUILDING LOTS to doe:ired cone:truotion olovatione:, thoe:o lote: shall immodiately 130 e:oodod, to prevont orosion and oxotio Good infoGtation. g) Any Gtool<pilo in placo for more than six monthG mue:t 130 soddod or hydrosoodod, Failure to do GO within 14 c::Ilondar daYG of notifioation by tho oounty will rOGult in a fine of $10.00 por aoro, por day. h) In tho O'Jont that any portion of tho Gtockpilo ie: in plaoo for Ì'.vo yearG, the oounty !Nill ordor tho fill to be removod and tho land to 130 revogotatod, i) Tho donGity and typo of rovogotation shall olosoly matoh noarby OooGystomG, but Ghall not 130 10GG than 61 troos por ::lore with aGe:ooiatod mid Gtory and groundoo'lor. 4.06.04 Trees and Veaetation Protection A. Veaetation Removal and Site Fillina: 1. Clearina of woody veaetation reauires a Veaetation Removal Permit or Veaetation Removal and Site Fillina Permit unless exemDted by section 3.05.02. The Veaetation Removal Permit Drocess is aoverned by section 3.05.04. a. Permitted removal of veaetation or site fillina with an aIJIJroved Veaetation Removal and Site Fillina Permit (VRSFP), Site DeveloDment Plans (SOP) or Plat and Construction Plans (PPU i. For individual sinale family lots or blocks of lots 1) a com Dieted buildina Dermit aDDlication must be submitted and deemed sufficient by Collier County. 2) all necessary current state and Federal environmental Dermits must be obtained. If these two items are fulfilled. a VRSFP must be obtained Drior to removal of this veaetation. Page 40 of 156 ii To allow for safety durina tree remoyal. if a deyeloper owns contiauous sinale family lots. the trees on the sinale family lots directly adiacent to a lot where a house is under construction may be removed. if removal at a future date may be a danaer to life or property. A VRSFP must be obtained prior to removal of this veaetation. iii. A developer will be permitted to clear UP to 25 acres of residential. commercial. or industrial lots or buildina sites to store excess fill aenerated by lake excavations within the PUO or proiect where the excavation is takina place when the followina information has been submitted and approved with the SOP or PPL. a) Plat and Construction Plans: Clearina for the construction of the infrastructure. such as road riahts-of-way. and drainaae and utility easement areas shall be approved on site clearina plans within that phase of approved residential. commercial or industrial Plat and construction Plans. Clearina of individual lots or blocks of lots may be approved. n The limits of each separate stockpile must be clearly delineated and the area. heiaht. cross-section. and volume of each individual stockpile must appear on the drawina referenced to the stockpile. Slopes must not be steeper than a ratio of 4: 1. ii) The type of veaetation to be removed must be shown on the drawina, iin The source of the material. such as lake number (lake #) for each stockpile must be indicated on the drawina and the amount of material excavated must iustify the need to clear the proposed area. b) Site DeveloDment Plans (SOPs) and Site Improvement Plans (SIPs): i) Commercial and industrial: Clearina for all infrastructure improvements and for buildina pads shall be approved on the SOP or SIP site clearina plans. ii) Residential SOPs: Clearina for the construction of the infrastructure. such as road riahts-of-way. and drainaae and utility easement areas shall be approved on SOP clearina plans Clearina of individual lots or blocks of lots may be approved. iin The limits of each separate stockpile must be clearly delineated and the area. heiaht. cross-section. and volume of each individual stockpile must appear on the drawina referenced to the stockpile. Slopes must not be steeper than a ratio of 4: 1. M The type of veaetation to be removed must be shown on the drawina. v) The source of the material. such as lake number (lake #) for each stockpile must be indicated on the drawina and the amount of material excavated must iustify the need to clear the proposed area. c) A portion of the 25 acres may be used to brina buildina lots to desired construction elevations, The area used to prepare lots shall not exceed 10 acres and those lots shall immediately be stabilized and seeded. to prevent erosion and exotic seed infestation. A separate VRSFP may also be obtained after SOP or PPL approval prior. Page 41 of 156 iv. v. When a VRSFP authorizing UP to 25-acres of clearing and frllin~ is nearina caoacity. oermission to clear and fill uo to an additional 25-acres to use excess lake material may be aoolied for with a new VRSFP aoolication. vi. A VRSFP will be issued to authorize areater than 25 acres of residential. commercial. or industrial lots to store excess fill aenerated by lake excavations within the PUD or oroiect where the excavation is takina olace. when the orooerty used for storing excess fill has been oreviously cleared or has areater than 75% canooy of exotics. vii. Reveaetation: For VRSFPs within subdivisions. a reveaetation bond in the form of a oerformance bond. letter of credit. or cash bond and in the amount of $5.000.00 oer acre must be oosted. a) When fill is used to brina buildina lots to desired construction elevations those lots shall immediately be seeded. to orevent erosion and exotic seed infestation. b All fill areas for lots or stock iles must have erosion control silt fencing. c An stock ile in lace for more than six months must be sodded or hYdroseeded. Failure to do so within 14 calendar days of notification by the county will result in a fine of $10.00 per acre. oer day. d In the event that an ortion of the stock ile is in ...Iace for areater than 18 months. the county will order the fill to be removed and the land to be reveaetated. The density and type of reveaetation must mimic nearby ecosystems. and must not be less than 64 trees oer acre with associated mid-story and aroundcover. 2, Bee Approved Veaetation Removal and Site Fillina Permit Procedures SUBSECTION 3.Q. AMENDMENTS TO SECTION 4.06.05 GENERAL LANDSCAPE REQUIREMENTS Section 4.06.05 General Landscape Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.06.05 General Landscape Requirements A Landscaping requirements for residential developments Page 42 of 156 Landscaping for all new development, including single-family, two-family, multifamily and mobile home dwelling units, shall include, at a minimum, the number of trees set forth below. Areas dedicated as preserves and conservation areas shall not be counted to meet the requirements of this section. Existing trees and other minimum code required landscaping may be credited to meet these requirements pursuant to section 4.06.05 E..1. Trees shall meet the requirements of section 4.06.05 C.~ Existing residential development that does not meet the minimum landscaping requirements of this code shall be required to install the required landscaping before a certificate of occupancy is granted for any improvements to the property. 1. Residential developments. One canopy tree per 3,000 square feet of let aroa, or t'::o oanopy troes per lot, whichever is greater, ':.<ith pervious ODen SDace per lot. Lakes and wet detention areas shall not be counted towards this reauirement. tIhe maximum number required: 15 trees per lot. a. Where a sinale familv develoDment has a street tree proaram and lots of less than 3.000 sauare feet of pervious ODen SDace. street trees located directlv in front of the lot may be substituted to meet these reauirements. A Street Tree Plan shall be submitted to the County Manaaer or his desianee for review and approval and Riaht- of-Way permits, if reauired shall be obtained from the County Manaaer or his desianee. * * * * * * * * * * * * * B. Landscaping requirements for industrial and commercial development * * * * * * * * * * * * * 4. Building foundation planting areas. All shopping center, retail, office, apartments, condominiums, clubhouses and similar uses must provide building foundation plantings in the amount of ten percent of proposed building ground level floor area. These planting areas must be located adjacent to the_primary public building entrance(s) and/or primary street elevation. Plantina areas aM must consist of landscape areas, raised planters or planter boxes that are a minimum of five-feet wide except as reauired bv section 4.06.05 B.5. below. These areas must be landscaped with trees and/or palms in the amount of one tree or one palm equivalent per 250 square feet; and shrubs and ground covers other than grass. Buildina foundation plantinas are exempt from the native reauirements. Water management areas must not be a part of this planting area. Parking lot islands will not count towards this requirement. 5. Building foundation planting requirements for fa#-buildings g..-o::ltor than 3 storios or 35 feet or more in height; and/or section 5.05.08 buildings with a footprint greater than 20,000 square feet and/or parking garage structures. .^.(oto: buildings Sl:Jbjoot to the rfJql:Jfromonts of this seotion ::Ire not sl:Jb}oot to tho roql:Ji..-omonts of tho p..-oviol:Js sOÐtion 4.06.05 B.3. a. The minimum width of building foundation planting areas must be measured from the base of the building and must relate to the adjacent building's wall height as herein defined as follows: Buildin wall hei ht less than 35 feet Building wall height between 35 feet and 50 feet. Building wall height greater than 50 feet. Adjacent Building's Wall Height: 20 feet. Page 43 of 156 * * * * * * * * b. Sites located adiacent to a cermanent water bOdy such as a canal. lake. bay or aulf may incorcorate the reauired landscace buffer width into the buildino cerimeter landscace buffer width. c. Trees required by this section must be of an installed size relating to the adjacent building's wall height, as defined below: Building's Wal/ Minimum Tree Minimum Tree MinimumPalm Height (feet) Height (feet) Tree Container Height (feet) Canopy Size Spread (oal/ons) (feet) 35 to 50 14 to 16 7 45 16 greater than 50 16 to 18 8 65 20 * * * * * * * * * * * C. Plant Material Standards * * * * * * * * * * * 2. Trees and Palms. All required new individual trees, shall be species having an average mature spread or crown of greater than 20 feet in the Collier County area and having trunk(s) which can be maintained in a clean condition over five feet of clear wood. Trees adjacent to walkways, bike paths and right's-of-way shall be maintained in a clean condition over eight feet of clear wood. Trees having an average mature spread or crown less than 20 feet may be substituted by grouping the same so as to create the equivalent of 20-foot crown spread, For code- required trees, at loast 50 poroont of the trees at the time of installation shall be a minimum of 25 oallon. ten feet in height, have a 1 3/4-inch caliper (at 12 inches above the ground) and a four-foot spread. +Re rem:Jining coda roquirod treos, at the time of installation, Ghall bo at leaGt eight foot in hoight, havo a 1 1/2 inoh calipor (at 12 inchos abovo tho ground) and a throo foot sproad * * * * * * * * * * * 4. Shrubs and hedges. Shrubs and hedaes shall be installed and maintained at a minimum of 24 inchos in height as scecified in Section 4.06.02 C.1. excect where street visibility is reauired and where pedestrian access is provided. Shrubs and hedoes shall screen aÐe\te the adjacent pavement surface or developed procertv required to be buffered and/or screened,,- 'Nhon moasurod at timo of pbnting, grO't"ln in a threo gallon oontainer, and bo Gpaood 18 to ð6 inchos on oontor. Thoy sh:J1I bo at loaGt ð6 inches in hoight within 12 monthG of timo of planting and shall be m:Jintainod at a hoight of no lOGS than ð6 inohos abovo tho adjaGent pavomont roquirod to bo tJl:lffered :Jnd/or soroenod in perpotuity, oxcept for '/ieibility :Jt intoFGootione and whoro podostrian aCGess ic providod. Hedges, where required, shall be pbntod in doublo st:Jggored FOVle and maintained so as to form a continuous, unbroken, solid visual screen within a minimum of one year after time of planting. Whoro tJl:lff-ering and/or Gorooning is requirod, ehrubs shall bo plantod :Jnd maintainod at a hoight as epooifiod in Gootion 4.06.02 C. of this oodo, exoopt whoro street visibility is roquirod. Doublo staggered rO\"Æ of hedgos shall bo roquired only in type D tJl:lffers. * * * * * * * * * * * 11. LandsÐ::J{Je herms. All perimotor landsoapo tJerms ovor two foot in height shall moet or oxoeod tho minimum standards as Got forth horoin. All graseed tJerms Ghall havo side slopes no greator than four to ana. Berms plantod '....ith ground oovor and landscaping shall have side slopoG Page 44 of 156 * no greater than throo to ono. The toe of tho slopo shall bo sot back a minimum of fivo foot from tho odgo of all right of way and proporty linos. Existing Aati'le ~:egetati9A shall bo incorpor::1ted into tho berms with all slopos fully stabilized and landscaped '.vith troos, shrubs, and ground oovor. Landsoape berms shall not bo plaood within easements ·....ithout writton approval from all ontitios olaiming an intorost undor said easement. ::1. L::1ndsoape herms !oGateGi ::1djaoent to !ntorôk1te 75 right af v.'-3;Y (! 75). 8erms looatod aEljaEient to tho I 75 right of way may be reducod to a maximum slope of 2: 1, Suoh berms shall bo pl:::mted '....ith n:::lti'lo ground oovor ovor an orosion oontrol fabrio, and nativo troos plaood at 25 foot on center, equal in hoight to tho hoight of tho berm :md looated 'Nithin a minimum ton foot wide level planting aroa. * * * * * * * * * * * * G. Installation and selection requirements for plant materials .l. Prior to the issuance of any certificate of occupancy for a use required to provide landscaping and irrigation in accordance with this section, all required landscaping and irrigation shall be installed and in place as set out in the plans approved under Chapter 10 of the Code. All plant materials must be installed in accordance with accepted landscape practices in the area and meet the plant material standards contained in Section 4.06.05 C. Plant materials shall be installed in soil conditions that are conducive to the proper growth of the plant material. 2. Limerock located within planting areas shall be removed and replaced with native or growing quality soil before planting. A plant's growth habit shall be considered in advance of conflicts which might arise (Le, views, signage, overhead power lines, lighting, sidewalks. buildinas. circulation, etc.). Trees shall not be placed where they interfere with site drainage, subsurface utilities, or where they shall require frequent pruning in order to avoid interferences with overhead power lines and buildinas, Small canopy trees shall be planted in small spaces havino limited canopy space and root space, Laroe canopy trees such as Live Oak trees shall be planted a minimum of 15 feet from a buildina. Larqe canopy trees that are planted closer than 15' to a buildino or within 10' of a sidewalk. paved area or underqround utility shall provide root barrier. structural soils or other acceptable method of protection extendinq within 20 feet of such buildina. sidewalk. paved area or underqround utility. Tree and parking lot / pole lighting locations shall be designed so as not to conflict with one another. Parking lot / pole lighting shall not be located in landscape islands with trees and shall be located a minimum of 12,5 feet from the trunk of a tree. (See Figure x below). Page 45 of 156 COMPATIBLE TREE AND LIGHTING DESIGN Figure X Compatible Tree and Lighting Design ~ Trees shall not be planted in areas that retain excessive quantities of water or will require excessive amounts of fill placed over the root system that will affect the health of the tree species. Required landscaping shall not be placed within easements without written approval from all entities claiming an interest under said easement. 4. All trees and palms shall be properly guyed, braced and/or staked, at the time of planting to ensure establishment of the tree or trees and erect growth. Nail staking or other methods that cause cosmetic or biological damage to the tree are prohibited. Trees shall be re-staked within 24 hours in the event of blow-over or other failure of the staking and guying. Staking shall be removed between six and 12 months after installation. §.. All required landscaping shall be installed in accordance with plans approved under Chapter 10 of the Code. Landscaping within a subdivision development shall be guaranteed by a subdivision completion bond in accordance with Chapter 10 governing the final platting of subdivision. 6. All required landscaping shall be maintained in a healthy condition in perpetuity as per the approved building and site plans. Code Enforcement may investigate deficiencies in approved landscaping and institute corrective action to insure compliance with this Code. 7. In instances where an act of God or conditions outside the control of the applicant have prevented immediate installation, the planning sorvicos diroctor County Manaaer or his desianee, if furnished with a statement which includes good and sufficient evidence that states that the required plantings will be installed when conditions permit, may issue a temporary certificate of occupancy. If the required plantings are not installed when conditions permit, then the county may revoke the certificate of occupancy, Page 46 of 156 SUBSECTION 3.R. AMENDMENTS TO SECTION 4.07.01 UNIFIED CONTROL Section 4.07.01 Unified Control, of Ordinance 04-41, as amended, the Collier County land Development Code, is hereby amended to read as follows: 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS 4.07.01 Unified Control A. All land included for purpose of rezoning to a PUD zoning district shall be owned or under the control of the applicant, whether that applicant be an individual, partnership or corporation, or a group of individuals, partnerships or corporations. B. The acclicant shall present competent substantial evidence of the unified control of the entire area within the proposed PUD district and shall state aareement that if he proceeds with the proposed development. he will: 1. Notify the County Manaaer or his desianee in writina of any chanae in ownership. control and/or name of the development. 2. Do so in accordance with: a. The PUD master plan of development officially adopted for the district: b. Reaulations and development standards as set forth in the PUD document and PUD master plan: c. Such other conditions or modifications as may be attached to the rezonina of land to the PUD classification: and d. The Collier County arowth manaaement plan and land development code. 3. Provide written aareements. contracts. deed restrictions. or sureties acceptable to the county for completion of the undertakina in accord with the adopted PUD master plan as well as for the continuina operation and maintenance of such areas. functions and facilities that are not to be provided. operated or maintained at aeneral public expense: and 4. Bind his successors in title to any commitments made under sections 2.03.06. this section 4.07.00 and section 10.02.13, SUBSECTION 3.S. AMENDMENTS TO SECTION 5.03.04 DUMPSTERS Section 5.03.04 Dumpsters, of Ordinance 04-41, as amended, the Collier County land Development Code, is hereby amended to read as follows: 5.03.04 Dumpsters and Recyclina. Solid waste disposal and recyclina (Ordinance No. 04-XX) shall be required in the form of bulk container service (garbage and recyclina dump€;tor& and/or oompaotor€; receptacles) for all commercial and industrial establishments and multi-family projects not receiving curbside aarbaae and recyclina pickup. Solid waste disposal and recyclina shall be required in the form of curbside pickup for all units on the Mandatory Trash Collection and Disposal roll. All individual units within a deed-restricted area must have an enclosed location other than the residential structure, such as a carport or garage for the storage of individual solid waste containers, or as otherwise permitted below. A. Trash container location requirements. Page 47 of 156 * * * * * * * * * * * 3. For multi-family residential developments having more than one structure, no dumpster shall be located more than 250 feet from the structure that it is intended to serve (unless a comDactor is used for service), 4. All projects subject to the provisions of LDC section 5.05.08 shall locate trash containers in accordance with the relevant provisions of that section. * * * * * * * * * * * * C. Container quantities. In the case of multi-family developments and commercial and industrial businesses that do not receive curbside service and choose to use dumpster service, at least one standard size bulk container (garbage dumpster) shall be required for trash disposal and at least one receDtacle for recycling. Prior to site development plan submittal, the contractor, developer or homeowner's association must contact Collier County Utility Building and Customer Service to estimate the number and sizes of bulk containers needed. D. Enclosure dimensions. Enclosures for dumpsters shall have minimum internal dimensions of twelve (12) by twelve (12) feet for eaoh standard garbage dumpster Gontained inside. with a seDarate area for recyclina receDtacles enclosed by veaetative screenina. An alternative is an enclosure with minimum internal dimensions of twelve 12 b twent -four 24 feet for no less than two standard receDtacles contained inside (one for aarbaae and one for recyclina). If equipped with gates, the clear opening dimension shall be a minimum of twelve (12) feet or twentY-four (24) feet deDendina on enclosure stYle. as defined in this DaraaraDh and the gates must be provided with a devise device to hold them open. E. Container screening. Except as noted below, all cont3iners receDtacles shall be screened on at least three (3) sides from view of adjacent property owners and from adjacent streets on the first-floor level. All enclosures must have a cement pad as the floor of the enclosure. This screening shall not be subject to height limitations for fences, provided that the vision of motorists on adjacent streets remains unobstructed. Screening may be exempted: * * * * * * * * * * * G. Curbside pickup. The Utility Billing 8. Customor Servioe Direotor, County Manaaer or his designee, may approve curbside pickup in lieu of dumpsters or compactors for individually owned multi-family developments provided that the following criteria are met. Multi-family rental units must provide dumpsters or a compactor. Condominium developments may substitute curbside pickup for dumpsters or compactors so long as satisfactory documentation is presented to the Utility Billing 8. Customer Sorvioe Department Count}! Manaaer or his desianee that: 1. The subject condominium association has voted in the majority to eliminate the use of dumpsters or compactors in favor of curbside pickup for all or part of the development, 2. There is adequate access to facilitate curbside pickup, and 3. All individual units have an enclosed location other than the residential structure, such as a carport or garage, for the storage of individual solid waste containers. Page 48 of 156 H. Non-Comoliance. In the event that a property owner experiences a Substantial Hardship. as defined in Ordinance No. 2004-XX. Section 5(FF), or if due to specific site conditions Ordinance No. 2004-XX. Section 17(8). is unable to conform with the provisions contained herein. the property owner. or his desianee. shall complete and submit an application for an administrative variance pursuant to Ordinance No. 2004-XX. Section 17(A) and (8). 1, The process for reauestina an administrative variance shall be as follows: a. Complete an administrative variance form, which is available from the Utilitv Billina & Customer Service Department. at the Utilitv Billina & Customer Service office. or bv downloadina the form from the County Website (www.collieraov.net). b. Deliver the form to the Utilitv Billina & Customer Service Department alona with all reauested information. c. Within five business days of receivina the administrative variance form. the County Manaaer or his desianee will contact the property owner. or his desianee to review the administrative variance reauest. d. The County Manaaer or his desianee and the property owner. or his desianee shall iointlv develop a solution that complies with Ordinance No. 2004-XX and meets the intent of this section 5.03.04 of the Collier County Land Development Code. I. If the County Manaaer or his desianee and the property owner. or his desianee. are unable to resolve the conflict. the property owner, or his desianee shall reauest a Variance in accordance with Section 9,04.00 of the Collier County Land Development Code. SUBSECTION 3.T. AMENDMENTS TO SECTION 5.05.08 ARCHITECTURAL STANDARDS FOR COMMERCIAL BUILDINGS Section 5.05.08 Architectural Standards for Commercial Buildings, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.05.08 Arshitestural Standards for Commersial 8uildings and Projests A Purposo and intont. Tho purposo of those standards ::md guidolinos is to supplomont oxisting de'lelopment oritoria with specific critoria that apply to tho dosign of commoroial buildings ~md projoots. Commeroial development doponds on high visibility from major publio streots. In turn, thoir dosign of building(s) and site dotorminos muoh of tho imago and attraotivenoss of tho strootsoapos and oharaotor of a oommunity. Massivo and/or gonorio developments that do not oontributo to, or intograto 'Nith, tho community in a positi':o mannor oan be dotrimontal to a oommunity's imago, and sonso of plaoo. Tho goal is to create and maintain a positive am bianco and strong community imago and idontity by providing for arohitootural and sito dosign troatmonts whioh ·...'ill onhanoo tho visual appoaranco of commorcial development in Collior County, whilo still providing for dosign floxibility. Thoso standards are intondod to onhanco tho quality of lifo in Collior County. Tho prominont styles of arohitooturo in Collior County inoludo: a blond of Spanish Meditorranoan with barrel tilo roofs, stucco faoados, archos and wood acoont membors usod ac typioal dotails; Florida Craokor stylo, 'I:hioh inoludos motal rook: and oovorod porohos; and Bormuda/Island Rogoncy which inoludo€) whito tilo roofs ·.vith stuoco faoados and quoins usod as typioal dotails. \'\/hilo no partioular stylo of arohitooturo is prohibitod horoin, tho abo':o refaronood individual €)tyloG, and tho intorprotation or blonding of oharaotoristics acsooiated 'A'ith thoso stylos are oncouragod. Thoso standards and guidolinos inoorporato a basio /0'101 of arohiteotural design with sito dosign foaturos whioh inoorporato safa and oonvoniont vohioular uso areas and pedestrian Page 49 of 156 ;'::;:':,;.~-,:~~=g .::~~:...~.:~= I~.::,,"':.:R~==-R.lve Ë:~~..~~C;fEt~~~=:::¡i:=~EfthiS E~~i3~::~Er;;;;~::i~::;=~t::'EF~",:1 ~Ë~~=E~E=~io"r~::~=~==::5=i~~ B. ^PfJHoabmty. Prcwi£k>ne: ~f!hie d~~~i~~ aro apPlicabl:O:'n all oomm:loroiDI zoning =:: ::=~:: =':,~':i~~~~rn;i:i~~:n~~~=:=,,1s ~1[~§èêid4:~E:¥:L~:~~~~lšª~:,o"s 1. RMewHio:::n~ r,,:~:~~mÐf1t: In tho oaGO ~f additionG or rOOO'lûtionc -to, OF ::':'~:;'~~':J;.~ðOXi~:A;.~~~~~~ O=~ '::;'~gf 0;: ::":t the =~ :3· : ~ ;~:OAI of. Iho ~~::f;:;;;:: ;;,.::: strUGtufQ£, -tRe~!e:IEH1G of thle: dl'lle:lon e: a I-----~ 2. DisCOf1t~aooÐ: The prO~6~ of Gootion 9.03.00 of thiG Coda do not apply to ~":.~.~~:,,;,.:~. ~.~~~~~i~::.:~f.i: ~~~~~r::=: = ma ::~ ;~t;~ ~~:::~o~::~:~~~~:~~:=~:,: ¿';;::m fer ::';~~~~::~~I~~~ sAolI bo ":o;::iE:: =~2 :: =::. ~t'~~~':! 10 ...hlG"lor w'" 0 "~ï;- =::::~. ~': ::'::~::V,:"~~",;=~,,: ::~ ~~~;:S ~;,,~;v;~:'::=.': : ~~~d o~ =~ ~h: ~:~ oonGooutil:o daYG. 3. Re€1w-ee-5¡t-8-a:~:~ ~:.Ww:m'$mÐf1t p.~~n. Compl.anoo with tho Gtandards :w.is:r.j~~i~ ~. S~~:~::;~~S~~~: :';;:=t~::~=:aRGO ~~~ =~;~ g;~.~:~~~iG Codo. 4. ~=~. ~~,,!ÐRG ~FOvi'.d iA .this GOOli": :.:.0: ~~~"':'~ ta provide ~~~~~~:)19-Ðf a Gfi)90lfro fi)rO'.'IGIOn or pr 1tt>Ivt-tC 601ieFffi-R-¡ -t., ~~~i~~~:~-øm thoe:o iIIuGtratione: whioh ~~n~tholoÐG adh()ro to th~j- provisionG of tAtC dl'I/Glon, aro oncour3god. 5. '::::::::::::':!:'!. ~~V8lo~moAt: NOR oommeroialoU:: ~.:=~~ ::~i::'~h~O.~R.~ of :iSI::::,~i;;¿,":t~: ~=~~~ =EE;~~~; ~:::XI OAO pro: =:~:~~::: :=:~"Z'sr~~o~ r~~~~:~ ab:~: &u~.~~~;.;';::~:~ == ==~~~; ::~;~~~: ~~ ~~~E~:';: =~RO =,,;:~;~~~: ~~:li"O wAish ;~:~~~E:: ::~E :=Q~' ~t:~~~~~~o by lI"s co, ,. \ '~'::~·:":'::':::O 10 :: :~~;~~~ ~O-~Io;"aüvo a~;;;';. :~ï;;;'~=:~ n _ =:: :'~~~~"Gt b. provldad v.i1lGh Ol':::'~;: :=~:.: ::=~'::.m~~~ ~~g:~~r ~~::~~ ~ :,::=:::~ ~~~":pjan ~~~.~ f;~~:~. ~all SPo:.~ip~ ~E~=~S: ~::,,~~~~" a.~?va' "'=:~:~ ~~y-t;\;:=:'::=: . :S·~;~:: ::prO"Od dOGi9"ii;' =::ii~:~~ :::: ~~: Ðo~~~O~~ roqulro f9G"~;:";;:~::::::: ::::: :~~~ e:~;::/.~~s G~~~~or re ovaluation of i t 8A=1eASes sesl§n and plan. ~ :::=r~:: ~t:~~"~~~::: ": ::~r oommoFGial buildings and projootc \'/ith a groe:c building aroa of 20,000 ~~; fl. Page 50 of 156 ;:=1 =:=~:~:::~~~:::~I·P~~~ =~~==:Y1~=~rthl. GOO&:- 1. d. ~:0~~=t~~~~7;n~s!gn. As providod for in Goction 4,05.00, and subject to tho a. =. ~..~~~~' Cam",erslalbuildings an<l P~::, =::.:;::1' ~~""'" .hallbe<leslgne<lla pr{)vl<le sale, SOA" ~ ;¡;;;;; ;;i;;<; :..':~~ :?r ~de.lnaA. and vehlsle.. Parking .hall be <I s. S;~ : ~::; ~~ ~~iAaIS<I. ",aAAer tar Ihs eAli~ :1:. T~:=:= ~~~ ~ :t~?:~~d and doslgnod so as to onha C e \ I F SG sf tl=lo community. b. r:::.~!J:: :~~~. Parking, utilizing Ihe .a",e. <le~~: :~:~~ ,=be 80'loI0~d t~roug~out tho .SltO to provldo O~flclont :~d;~~' ~;~~ ~:~~~~~n ~Jrculatlon, ^ slnglo bay of parking pro"'l I g " ~:,:~er ~t Ihe .ile ",ay vary iA <le.lgn In ol<lor : := :.;:,.,.~ :: :::''':' ~~ ~~ slle. The "".tU,. at one v. y . .. \ ,... :: ::~~. ':'~ d~enI deg,.s. at aAgle<l parkiAg. \Vith~ :fi~~= ::; ~~~J~~~d. oxcopt as notod abovo, or whoro IndJ'.'1 u I .., : 0 ~.~.:'..':epa"'lea Ira", ane another by a sonllnu;;;;~í~= :::::~, ~ ~~u", ~VÐ IeSIIA \Vlalh wllh """lea a."".... -::~ ~:~~~~~ ~asallan" "hall use land"sape ~~ ~~~:~ ~~ ~~aratJon of parking areas (Seo IIluGtmtJons '. ,a " C.2 bolow). IIIuGtration 5,05.08 C.1. IIIuGtration 5.05.08 C.2. i. MaxfmwR parkfR§J: Parking in oxcess by 20 pÐrcont of tho minimum parking requirements shall pr{)'.'ide additional 13ndscaping 3S deGcribod in Goction 4.05.01 of this Codo. C. :~~:~d~ projects. Projocts shall be designod to adhore to tho following i. ~:ø~~!ot&. No moro than 50 poroont of tho off stroot parking for tho ontiro commercial ÐwilEting or projoct shall bo loo3tod betwoon any primary facado of tho commorcial Ðwilding or ~~~~ and tho 3Ðwtting stroot or nO'/igablo watoN/3Y. (Soo IIIu£tmtion 5.05.08 C.d bolow). Illustration 5.05,08 C.d. ii. ::::....~~~.~t&. No mo~o tha~ 8.0 porcont.of tho off str:::ting for tho ontlro com'T:'0rclal ÐI:llldlAg or proJeot Gh~1I bo i~:=,t,,- behvoon any prImary facade of tho commorClal l¡)y_küRg or projoot and tho 3Ðwtting streot or nœligablo 'Nator,,:QY are3, with ~~ ~~~gle side to contain moro than 65 porcont of tho r~wj.¡:08 parking. (Soe IIluGtmtion 5.05.08 C.4 bolol,\,). Illustration 5.05.08 CA. ~ ~:~~ ~"oor'k" a "'ini","", at 99 per""nl ?~:r :~:z. ~ ~ ~ ~~.~~ .trustu.. or soyerea parkl';;; ::~~ ';;:'~;;,;:.;'''te t'::s sf tl=lo following (Goe illustration 5.05.08 C.5 . f : i. TranGp~rent ':"lindo'tJ£, '~ith cloar or lightly tintod gl~. ~:~ pedoGtrIan orIonted buslnosses are locatod along f of tho parking structuro; ii. Display windo\A!G; iii. Decorati'¡e motal grillo work or similar dotailing whioh providos Page 51 of 156 ~)(~~~~ ~~~ partially and/or fully Govers the parking struoturo epomng(s); iv, Art or r;:~~~~~tur-a' troatmo~t suoh as SO.UI~tu:~, mosaio, glass eteok, opaquQ art glass, relief work, or SIIl'Wæ- feat'=lfe&; OF¡ V. Vertioal trollis or othor landsoaping or podostrian plaza aroa. IIIustr-ation 5.0a.08 C.5. 2. UghtiFlg. a, ::::::::::. ~~~~~. Commoroialbuildings and projeol6, =u::: :i' ~~':':~ ~all 9&. dosignod toprovido solo, ~~~ ~;;:,:':.':'~ ~~~~~. ~doolnaAs and 'ohlolos. lIghtIng I ~ s, ;~; : ='~=;:=1~:~~:o;~~;:~~~ ~~~i::'~ :";.~~ onï::.: :: ~;~?mpaGt 01 tho pFojOGt on tho Gommunity am;';r hi';;;; :;;;;~~; landsoapo. b. ~~g slaM""'.. lighling shallbo dosignod :: ":.:~ ::::t ~:'Gt glGro, ~ght splllogo and. hazar<lous ,"to""ronoe ~' h ;;;';;.;~::' pedostrlan trafflo on adjaGent stroots and all adjaGe . c. ;.;~~ ~~t S/anFlarFIs. lighting fixturos shall :~':'~~':!'; : : leol In hOlght Within Iho parking lot and shall bo am.. . ;;;' a;og~ ~ ~~:~~~ '.vithin non vehioular pedestrian areas (~-; ill;t~ ion . . 8 C.6 selo'u) *. . IIlustr-ation 5.05.08 C.6. d. ?~~:~amJards. ~ighting Ghall be UGod to provido G~~~ ::~ ~g ~t ~~~'tOGlurai olomonts and/{¡r 10 _pha r;¡:~ ;;: ~~~..~~~ I'::~~s dSo~~~nb~ ~:~~:j~~I~ ::~~ ~==~I ~;;;; :atonai or oolor (o.oluding fiore~~ ~==: :::O~d:~ o~~~l ~~ be doslgnod to blond Into the In:; h the use of d;~k colore suoh as bronze. Mill finish iG n;t ~~;;ijk , 3. ::'f:n:~7~~:-::~~ £$,cll) .:~~d.ý:Jg é~t FlOt Urn/tod to !oadiFlg, stor~go, rne6R8R.Ga. 9f/f:J..pmORt, ::md sOud JADSt-o dSßosal. a. ::z'=~ ~!::!~t. T. diminish, in a sole mannor~ tR~~U=I=:,GIS 01 ~ IunGIlonS that may delraGl or ho'lo a nog9llv9 .;: streotscape. landsoapo and/or the oveFQII oomm~~it; i~a . b. ~~~~ ~d sGreening stondordG. in aGGor<J:": :'1~::~s~:,¡:,,1 ~~~ 1 ~~~:? Code, loading oroas er dOGkn, U;;~;;; ;:':~:';:: :~:".:::' ::'~~'~~~Q",p"'e"t, '",sh GompaG " h :1:::: ~~~I~~g no~ and used ÐaFS, reoyoling, roof top ;;q~Pj~ :~~~~ "~'GO fun.llon aF9as shall be fully sGreonod an~ ~;;,ì" ~:;;;: :; ~=~~ proportles ::It ground vle'llloyel and In' O' r I c. ~~~t:~:;!: ~ dosi9,R sK:mØarfis. Soreenin.g material a~d ~~~ign shall bo 6eRsIstont with doslgn treatment of tho primary faoad 0 0 commoroial building or projoot and the landsoapo plan. d, {;:;~~!~~~~ w.V:JQov/ smFldards. Drive through windm\'£ and lanes shall se designod to adhero to tho following standards: i. ~~o ~~,:,gh windows shall AOt bo plooed b.!weon ~~e r~g:~:: ;;"'t"!.~ primary oolloGlor orartorlalroadway and t, ~ =~ =~!, ~~s tho vogotollon rOQUired by a T;'; "8" ï_;:;: ~~::':~~~IIOd within tho buffer width roQUi";:t:::: ;;'kt;: ~ ~n;OIAOd OIOAg tho eAllro longlh 01 'he dn' 0 r~::;;,~ ~~t~o~~~o drive through bno and tho adja~~t ~i~ht ". ,s an altornativo to the vegotative buffer r:eforonood above, a Page 52 of 156 pormanont oovorod porto ooohore typo struoture, othor than a'Nning/oanvass typo structure(s), may bo insIDllod oxtonding tho width of tho drivo through and oovoring tho sorvioo window(s). Suoh structure shall bo intogratod Etruoturally and arohiteoturally into tho dOEign of tho building. ii. Only a Einglo drive through faoility is pormittod. <I. PeoostrI::1A VlaJk'l.K}Ys. a. PI:.I...pose ::md Intent. To provido Eafo opportunitioE for altornativo modos of transportation by oonnooting with oxiEting and futuro podoEtrian and bicyolo pathways ·...'ithin tho oounty and to provido f::afo paEsago from tho public right of way to the building or projoot, ·.vhich inoludoE tho aroa botwoen and including tho parking aroaE and tho building porimotor, and bot'Noon altornati':o modos of tranEportation. b. Peoost:i::m DGGeSS standa...ds. Podostrian waYE, linkagos and pathE shall be providod from tho building ontrY(E) to Eurrounding EtrootE, oxtornal sidowalkE, outparoolE and parking areaE. Podostrian waYE shall bo dOEignod to provido aOGess botwoon parking areaE and tho building ontranoo(E) in a ooordinatod and Eafo mannor through tho incorporation of '....alkwaYE, Eido'l.'alks and orosEwalkE, PodoEtrian 'NaYE may bo incorporated within a roquirod landscapo porimotor buffer, providod Eaid buffer iE conEistont with tho oxcoptions outlinod in Chaptor <I of this codo. Shared podoEtrian ·.valkwaYE aro oncouragod bot\voon adjaGent commoroial projocts. c. Mfn:fT:wm .~afjos. Podostrian ways shall bo providod at a minimum ratio of ono for oaoh public '/ehioular ontranoo to a projoct, oxoluding ingross and egroGS pointE intondod primarily for sorvioo, dolivory or omployoo vohicloE. d. Mini.¡:r:wm dimensIons. Podostrian 'Nalkways Ehall bo a minimum of fivo foot wido. o. Mate...ia!s. Podostrian walk'....ays shall bo oonsiEtont 'I.'ith tho provisions of section <1.5 of tho I\mericans 't.'ith DiEabilitios I'.ct (ADI'.), I'.ooessibility Guidolines. MatorialE may inoludo spocialty pavers, ooncroto, oolored concroto or stampod pattorn oonoroto. f. Pooost,"Ian c.'"Oss'l/{1!k-s at building perImete.... building porimotor crosEwalkE shall bo dosignod and ooordinatod to movo pooplo Gafoly to and from buildings and parking aroaE by idontifying podostrian orosf::ingE with Eignago and variationE in pavomont matorials or markingE. g. Shaoo. PodoGtrian ':ÆlkwaYE shall provido intormittont Ghadod aroas whon tho walkway oxooods 100 linoar foot in longth at a minimum ratio of 100 Equaro foot of Ehaded aroa por ovory 100 linoar foot of vJûlk':Jay. Shado EtructureE may bo n~1tural, m:::mmado or a oombination of both, 5. Building deEign. a. Purpose :::1Afi Intent. To maintain and onhanco tho attraotivonoEs of tho strootsoapo and tho oxiEting architoctural dosign of tho oommunity. buildings shall havo arohitoctural foaturos and pattornE that provido visual intoroEt from tho porEpeoti':e of tho podeEtri~m; roduco maEsing aOEthotic; rocognize looal oharaotor, and bo sito reEponEi'lo. FaoadoE shall bo designod to reduoo tho maGG/Eoalo and uniform monolithio appoaranco of largo unadornod wallG, whilo providing ':iEual intoreGt that will bo conEistont ':Ath tho communitY'E idontity and chaFûotor through tho uso of dotail and soalo. I'.rtioulation iE acoompliGhod by varying tho building's maSE in hoight and width EO that it appoarE to be dividod into distinot maGEing olemonts and detailE that can bo perooivod at tho Goalo of the podeEtrian (EOO Illustration 5.05.08 C.? below). IIluGtration 5.05.08 C.? Page 53 of 156 I I æ:,::==:~:: a e. 10 emphaFJ~ I::==~=~:; =r:=~:~= ::~::~~= b. ". I A "i -'A-:--::=I~ 1-, :i:::':i:7~;:=~~' ""'oadeGJelo"aliOl16 ' 011118 following :"::=~;er a navi~-;k,~:;I~,':.~t:~~ L IM'A,.. . . ~ 0'''6 at a ...... . .. IT1lnlmum of 4 9 ii. :. perGeAt of tho afrostao taGado' tt::::~:::::::'~~':'~Ii~ entry 'A;!h a miAim"m of 25 ' . 0 'lImdowG: poroont of Hi. ~;r::d , ::iE ª~~:~Q::iio~~:iE:~:~~~=:: G. æ!~Z~:~;~~~~:::::'er"'::':: :\k>ooIod within ª~;T;~=!:~:~!:;?S~ræ~ =:=~:A b:.AO mare IlIan 1: :~"Æ:~= a8Ie-W).. 0 a ~aGeRt bUildiRgS (c~ lUu~t;;~ ~~: n ..-.ã.-~ C.B Illustration 5.05.08 C.8. d. ~:~~ . :Efiê:~\~::~~I~~?f ~:'::::'::.t~: b~~~o ;~he~:,::~~;-p:=i'~:£~=~~:~ ~:~;S;r.;;::~~~~~i=~;"i~~~:ii j , . os "Fai 0061gA !realmen'" ;;~;;:';~::,::=:-- ,--,-- . ,WIROOv' st:md:rfi, . 1M' apPliod: . s. .. Indows shall net appear to Ð ~ e -also OF ii. ~~:~ ~~7~~~s: TRese standaros ' . ~ aA attaohed to a bUildiRg/{¡truot~~~.'> ~~~~= ?£S9cJatea ( -·~tioit 5.05.08 Illustration 5.05.08 C,9. ~:::r: ~~~6-W~~ aro a"'niA tA G~':r~ ::'t~ ;""'Aeot t;oï:';¡: :~I:"a:~t;:'~ ~ :::;OAt of a 00 Ion of this Codo. a 1---- ~I o~:::e~~: ~;:~~~ ::::O~~I=~";;:: ~:,:'.'::O ~::::~ ~:": .. c andards: . ~--ac ~--~--U a) :~ i~~~.:~:eg~:~I:::~:~:~~r'::':~i:~ p,,"rtiOA 01 ons and standm:€Is of this Cod C 2: =~ =::::: ::~;~:~:t:~:~o~::;~=::==A a) b) ~s~a:: . , Ing struotur feot of any p~~' . e shall bo oom:truoted ....t . 10 or prrvatE) e:treot. ..I hln 75 ~~~f~~....~hacle mvning struoture m ' 10lent to pr:e':iclo Oovor for mor:~;~C~~da~~:~~' Ilos. Page 54 of 156 c) The minimum Eoparation bOÌ'.\'eon shado a.....ning structuroE Ehall bo 100 foot. d) Multi colorod shade awning structuros aro prohibited and tho uco of black, gray, floroEcent, primary and/or secondary colorE is prohibitod. Earth tone colore aro encouragod. iii. OVf)rRood ooo."s: O'lorhoad doors facing ono anothor may bo troatod ac intorior Epaco providod that tho builEtings moot all othor roquiromontc of thiG soction 5.05.08. (Soo IlIuctration 5,05.08 C.1 0 bolm,>') Illustration 5.05.08 C,1 O. e. MassfFlg st:1F1e:1rds. Extorior facades chall be decignod to omploy tho following dOGign troatmonts on tho ground floor: i. No horizontallongth or unintorrupted curvo of a builEting facado shall oxcood 100 linoar foet. For arcadod facados, no horizontal length or unintorruptod cur'\'o of tho aroadod facado shall oxceod 120 foot, but variod longths aro dOGirablo. Projoctions and reCOSSOG shall have a minimum dopth of throo foot "/ith 25 porcont of theso having a variod longth 'IAth a minimum difforontial of ono foot (Soo IIluEtration 5.05.08 C.11 bolo'N). IlIuGtration 5.05.08 C.11. ii. Extorior Wi311 pianos chall not conctitute more than 60 poroont of oaoh affoctod ground floor facado. Tho wall piano chall bo moasurod at ono foot off tho oxtorior ',vall surfaoo on oaoh sido of tho wall. iii. Primary faoados on tho ground floor shall hO'/o foaturoG along a minimum of 50 porcont of thoir horizontallongth por affooted cido. Thoso foaturos includo, but aro not limitod to: arcadoG, a minimum of six foot cloar in width; display v.'indowc; ontry aroas; or othor such dOEign olomontE. Awningc aro includod in this calculation at 1,5 timos tho window width whon associatod with windows/doors and aro in ¡ncromontc of 20 foot in longth or loss. f. Pfojoot stami:J."es. Both c;nglo and multi uso builEtings and projocts shall also bo roquirod to provido a minimum of f-our of tho following builEting dosign troatmonts (soe IlIustrationE 5.05.08 C.12 and 13 bolow): i. C:mopios or portico, intogratod with tho builEtings massing and style¡ IIluEtration 5.05.08 C.12. Illustration 5.05.08 C.13. g, Dotaf.1 F.eat/;J,"os i. P/J,"poso and fnkJFIt. Tho docign elomonts in tho following standardE shall be intogral parts of tho builEting's oxterior facado and shall bo intogratod into tho overall architectural Etylo. Thoco elamonts Ehall not conEist solely of applied graphicE, or paint. ii. B!:JnK V'I-íS1H :Jroas. Blank wall aroas shall not oxoood ton foot in vertical diroction nor 20 foot in tho horizontal diroction of any primary faoado. For facados oonnoctod to a primary facado this shall apply to a minimum of 33 porcont of tho attaohed facado moasurod from tho oonnootion point. Control and expansion joints 'Nithin this aroa shall constituto blank wall aroa unloss ucod aE a Page 55 of 156 deoor~)Ìivo pattorn and spaced at intorvals of six foot or loss. Reliof and ro':oal 'Nork dopth must bo a minimum of one half inoh (soo Illustration 5.05.08 C.14 bolow). Blank wall aroa may utilizo landGoaping to aSGist in roduoing tho blank 'Nail aroa. LandGoaping shall not bo in lieu of architootural troatment. (Soo Illustration 5.05.08 C.15 bolow). Illustration 5.05.08 C.14. IlIuGtration 5,05.08 C,15. iii. ROPÐDtiAg faCDOO treatmÐAts. building faoades shall includo a repeating pattorn and Ghall includo no loss than throo of tho dOGign olomontG liÐtod bolo'll. J\.t 10aGt one of thoso dosign oloments Ghall repoat horizontally. .A,II dOGign olomentG Ghall ropoat at intorvals of no moro than 50 foot, horizontally and a maximum of 15 foet vortioally. a) Color ohange; b) Toxture chango; c) Matorial module ohango; d) ExprosGion of arohitootural or structural bays, through a chango in plane of no 10GG than 12 inchos in width, suoh aG a rovoal, an offe;ot, or a projocting rib (GOO Illustration 5,05.08 C,16 bolo'll); IIluGtration 5.05.08 C.16. e) .A.rohitootural banding; f) 8uilEliAg e;otbaoks or projoctionG, a minimum of throe foot in width on uppor 10'/ol(e;) or, g) Pattern chango. h. I\dflftion::lt facade dosigA tre::ltmcmŒ for mu!tfplfJ /;Ise buildings. i. PurfJose ::lAd intont. Tho proe;onco of buildings with multiplo tonantG croatoG varioty, broake; up largo oxpanGoG of unintorruptod facadoG, and expandG the range of tho sito's activitioe;. Windows and window diGplaye; of Guch GtoroG Ghall bo UGod to oontributo to tho '/iGual intoroe;t of oxtorior facadoG. Tho Gtandarde; in thiG Gection aro dirootod toward thoso e;ituatione; whoro moro than one rotailor, ':/ith e;oparato oxtorior cUGtomor ontrancos, are locatod within tho prinoipal building. ii. First floor fJrim::lry faC:lOO trO::ltmÐAt&. a) Tho first floor of tho primary facades shall, at a minimum, utilize \\'indows botweon tho hoights of throo f-oot and oight foot above tho 'Nalkway grade for no 10GG than 30 peroont of tho horizontallongth of tho building facado. b) Windowe: shall bo rocoe;e;od, a minimum of one half inch, and shall inoludo viGually prominant sills, shuttore:, stucco reliofs, or othor suoh forme; of framing, i. OutfJ::lrce!s. i. Purpose :lAd fAtent. To provido unifiod architectural design and site planning bet·....oon outparool structures and tho main structuro on tho Gito in ordor to onhanoo tho visual impaot of the structures and to provide for safo and oonvonient vohioular and podostrian Page 56 of 156 assess ::md movomont within tho Gito. ii. Ol:Jtparoe! oosfgn: 1\11 oxtorior facadoE of an outparcol Etruoturo Ehall bo oonsidorod primary faoadoE: and Ehall om ploy architoctural, sito, and landEoaping dOE:ign olomontE: whioh aro intogratod with and oommon to thoE:o uEed on tho primary E:tructuro on E:ito. ThoE:o oommon dOE:ign oloments E:hall inoludo colors and matorialE: aE:Eooiatod ':/ith tho main E:truoturo. Whon tho UE:O of common '/Jail, sido by Eide development ocourE, continuity of facados and oonsolidatod parking for GO'/oral bUGinoEsoE on one parking lot may bo usod. Outparool GtructureE that are adjasent to oaoh othor shall provido for vohioular oonnection betwoon thoir reEpooti'/o parking lots and provido f-or intoroonnoction of podoEtrian walkways. j. Roof tteatments. i. Pl:JrfJo&e and intent. VariationE in roof lines Ehall bo UGE)d to add interoEt to, and roduoo tho maEsing of buildings. Roof foaturos Ehall be in soalo ',\lith tho building's maSE and oomplomont tho charactor of adjoining ::md/or aEijacent buildings and neighborhoods. Roofing material should bo oonstructod of durablo high quality matorial in ordor to onhanco tho appoaranoo and attraotivonsEs of tho oommunity. Tho follO'.Aling standardE idontify appropriato roof troatmonts and foatureo. ii. Roof edge ::md pampet treatment. I\t a minimum of two looations, tho roof odgo and/or para pot shall hiJ'.'e a vortioal ohango from tho dominant roof oondition, a minimum of throo foot. /\t loast one Euoh ohango Ehall bo locatod on a primary faoado aEfjasent to a collootor or arterial right of way (EOO Illustration 5.05.08 C.17 below). OnE) additional roof ohango must bo providod for ovory 25,000 square foot incremont O'lor 50,000 square foot of ground floor Epaco, IlIuEtration 5.05.08 C.17, iii. Rook; shall moot tho following requiromonts: (800 IlIuEtration 5.05.08 C.18 bolm..') 3) ParapotE shall bo uEod to oonooal roof top oquipmont and flat roofs; b) Whore ovorhanging eaVOE aro uEod, o'/erhangs Ehall bo no 10Es than two feot boyond tho supporting 'l.'DlIs. Whore o'lorhangE: aro loss than t'::o foot thoy shall bo providod with a band or oornioo, a minimum of oight inohos undor tho soffit at tho '.vall. 0) Facia shall be a minimum of oight inohoE: Illustration 5.05.08 C.18. d) Tilo or motal aE tho dominant roof matorial. i'/. aP·roh,ib.itod ,roof typos :Jnd m:Jto.'.i::J.1s. Tho follov.'ing typo~ of matorialE aro prohibitod: a) J\sphalt Ehinglos, oxoopt laminatod, d20 pound, dO yoar arohitootural grade asphalt EhingloE or bottor; b) ManEard roofs and oanopios without a minimum vortioal diEtanco of oight foot and at an anglE) not loss than 25 dogreos, and not greater than 70 dogreos; 0) Roofs utilizing lOGE than or oqual to a two to 12 pitoh unloE:E utilizing full para pot coverago; and Page 57 of 156 d) Bask lit a':JAinSs !:Issei as a FRanssFEI sr eSAsliY Fee#.- k. ERtl}'WQ)'sIGl:Jstømer eRt."-ÐF1Ge tr-eatments. i. in:''::: :~i=I~~~~":,~~al~::=~~=" ~ aFa :~~~i~~. 1hoso elements :1re to bo int;g~~~~ ~t~; comprohonsivo dosign style for the projoot. ii. ~~=O:f~:r;:~~::.F1Ge str:mdarEis. Those standards identify a) 8iR§19 ""a BUildiAgs. SiAgla usa bUiI::::sr:::.. :~~;Iy doflnod, highly '.',slble custom" 'sh shall inolude the following: (i) An outdoor P~ti? aroa adjaaeRt to the ou~t~= antronoe, a mlnrmum of 200 squaro foot I whioh inoorporotos tho following: (1) benohes or other soating oomponents; (2) doooroti'lo landsoape planters or wing '.valls whioh inoorporoto landsoapod areas; ane (3) struoturol or 'egetati'/o shading. (4) front ontry shall be sot baok from tho drivo a minimum distanoo of 15 foot. b) Mf:JltIp!e I:Jse buildings and projeGts. Multi uso struoturos shall inoludo the follQ\,\'ing: 0) Mahar tenants shall provido clearly definod, highly '.'¡siblo oustomer entronoos. (ii) .'\ prevision for intormittont shadod outdoor community spaoe at :1 minimum of ono :)orosHt-af tho total gress floor aroa of tho buildiRP JF commoroial projoot. Said oommunitv ,¡Jace shall bo looatod off or adjaaent to tho aiHJlation path of the complox or main structuro ano- shall incorporoto banahos or other seating oompononts. (iii) 1\ front ontry shall bo sot baok from tho dri'.'o a minimum of 15 foot. I. .^AawFia!s :::md GO!or. i. Pur¡:¡Ð8a aM mlBRt. ,"xla,ia, BUildiAg soia.. aA:::~:~ ~~~ ~"I.~~'SaR!lY to tha vlGual,,,,pasl af a .- I· :;: ~o ~~~~~ity. They shall bo '11011 dosigned and intog;;t~d in comprohonsivo dosign stylo for tho projoct. ii. ExterIor building mawrb!s stamiard&. a) Prodominant oxtorior building materials shall inoludo, but are not limited to: (i) Stuoco; (ii) Briok; Oi;) Tinted, textured, other than smooth or ribbod, concrete maGonry units; OF Ov) Stono, exoluding an ashlar or rubblo construction ~ Page 58 of 156 b) Prodominant oxtorior b...ilding matorials that are prohibitod includo: (i) Plastio siding; (ii) Corrugatod or roflaotivo motal panels; (iii) Tilo; (iv) {,,\ ~w7 Smooth or rib faood conoroto blook; and Appliod stone in an ashlar or rubblo look. c) Automotivo and othor special type sorvioo buildings may utilizo profabricatod motal b...ildings undor tho following conditions: (i) Motal b...ildings are moro than 250 foet from any right of way; (ii) Motal b...ildiAgS aro looatod diroctly bohind tho main Ehowroom/Ealos oontor so as not to bo a dominant facado along tho stroot; (iii) No moro than 20 porcont of tho b...ilding oan bo situatod beyond the main auto Gales oontor and showroom, iii. Predominant oxiorior oo,t.or(s). a) Tho uso of blaok, gray, fluoresoont, primary and/or Eecondary oolors is prohibitod as the prodominant oxterior b...ilding or roof color(s). Earth tone colors are encouragod, i" . . Building trim 00/or(5). a) 8uilding trim and accont areas may foaturo any oolor(E), limitod to ten poroont of tho affeotod facado sogmont, '/:ith a maximum trim hoight of 24 inchos total for its Ehortost distanco. b) Noon or neon typo tubing shall bo pormittod as provided fer in soction 5.06.0d of this Codo. .^.n approvod lighting plan consistont with tho provisions of sootion 5.06.01 of this Codo shall bo providod. 6. Signago. D. Architoctural and site dosign standards and guidolinos for commorcial b...ildings and projocts undor 20,000 squaro foot in sizo. 1. Lighting. a. Purposo and intent. Commoroial buildings and projoots, including thoir outparcols shall bo dosignod to provido safe, convoniont, and officiont lighting for podostrians and vohiolos. Lighting Ehall bo designod in a consictont and coordinatod mannor for tho ontire sito. Tho lighting and lighting fixturos shall bo intograted and dosignod so as to onhanoo tho visual impact of the projeot on tho community and/or should bo dosignod to blendc into the surrounding landscapo. b. $f::1io,ffling st::Jnfiards. Lighting shall bo dosignod so a6 to provont diroot glare, light spillago and hazardous intorferonoe with automotive and podostrian traffio on adjaGent stroots and all adjaGeAt proportios. c. Fixturø f::1oight st::JnrJards. Lighting fixturos shall bo a minimum of dO foot Page 59 of 156 in hoight ·....ithin tho parking lot and shall bo a maximum of 15 foot in hoight within non vohicular podclGtrian arom: (soo IlIuetration 5.05.08 0.1 bolo"') ".. . IlIuetration 5.05.08 0.1. d. Design skmdD."Øs. Lighting ehall bo usod to provido eafoty while accont koy architoctural olemonte and/or to emphm~izo landscapo foatures. Light fixtures shall bo dosignod :Je an intogral design olomont that complemonte tho dosign of tho projoct through stylo, matorial or color (oxcluding florescent and primary/secondary colors) and shall bo dosignod to blend into tho Iandsc:Jpo through tho ueo of d:Jrk colors. Mill finieh ie not pormittod. 2. Sor.-ico Funetíon Amas (SFJ\) iAofufiing But not !.'mited to ,1.o::Jding, stor::Jgo, moeh::Jn.'ea! equipmont, ::md soHd 'IK1ste disposal. a. P.urpose :lnd intont. To diminieh, in a eafo m:Jnnor, tho visual impacts of sorvico functions that may dietract or havo a nogativo impact on tho strootscape, I:Jndscapo and/or tho ovorall community imago. b. Bufforing Dnd soreeA.'ny stanck1."œ. In accordanco with tho pro':isions of Chapter -1 of thie Codo, loading areas or docks, outdoor e:torago, trash colloction, mochanical oquipmont traeh compaction, vohicul:Jr storago, rocycling, roof top oquipmont :Jnd othor e:orvico function aroae: e:hall bo fully screonod and out of viow from adjacent proportioe: at ground viow 10'/01 and in viow of roadw:JY corridore:, c. Mate.".'aJs ::Jnd des.'gn skmck1."œ. Screoning matori:J1 and doe:ign Ghall be consistont \'.(ith doe:ign treatmonte: of the primary fac:Jdos of tho commorci:J1 building or project and tho landscapo plan. d. Drjlff) th."ough II/Jnaow skmd::Jrœ. Drivo through windows :Jnd lanoe: sh:J1I be designod to adhore to the f-ollO'tving e:t:JndardG; i. Drivo through windowe: shall not bo placod botwoon the right of 'Nay of a primary colloctor or arterial roadway and tho associatod building, unloss tho voget:Jtion roquired for a Type "B" landscape buffer ie: inst:Jllod ·...(ithin tho buffer width required for tho projoct and m:Jintained along tho ontire length of tho drive through lane botwoon the drive through l:Jno and tho adjacent right of w:JY. As an altern:Jtivo to the vogotativo buffer reforoncod :Jbo'Jo, a pormanent covored porte cochoro typo Gtructure, othor th:Jn awning/canvas typo structure(e), may bo installod, oxtonding the width of tho dri·.'o through and covoring tho sorvico window(e). Such Gtructuro sh:J1I bo intogratod structurally :Jnd architocturally into tho dosign of the building. ii. Only a single dri'/e through f:Jcility ie pormittod. 3. Pedost.'"ian 'K1!.'f'l.K1}(s. :J. Pu."pose and intent. To provide safo opportunitios for altornativo modoe of tram:port:Jtion by connocting with oxisting and futuro podostrian and bicycle pathways within tho county and to provido e:afo paee:ago from tho public right of way to tho commerci:J1 building or project, :Jnd bot'Neon altornativo modos of traneportation, b. PedostFian aoeDSS skmfk1.'"és. Podostrian ways, linkages and paths shall bo providod from tho building ontry(G) to surrounding stroote:, oxtornal sidowalkG, and outparcolG. Pedostrian ways shall be dosignod to provido access betwoon parking aroas and tho building ontranco(G) in a coordinatod and Gafe mannor. Podostrian ways may bo incorporatod within a requirod landGcape porimotor buffer, providod said buffer ie: not loes than ton foot in ·....idth on avorago. Sharod podostrian '.\'ûlkways aro oncouragod botwQon adjaoent commorcial projocts, c. MfFlimum ."::J(.'OS. Pedostrian ways shall bo providod at a minimum ratio of Page 60 of 156 ons fur sash parcel. d. =.~:, d.mer/stoAs. POdoGtrian walkv.'aYG Ghall bo a minimum of five e. =t::"~~~:,~~ &~II be ":":~:;: =:::S GI ~:~~~:=Œ':: :::b~:~^~~:'~a =~~: ~r :=;:~ p~:;: concreto. ' , =~:: ~~.~I building :':::{jj"':.,~ ':':': ::::feIY to :: ~~:;;:?B;:=~=i::~==::~~~s ~~: :"O:~~;::':I~:~~:~OIl fJfO\i: ::i:~: =~ ~::: ~G~R ~;:~::: ~~o~ro~~öóik;~' ;:':;1;:;:.:1<1 ::,~: ::::r: ~ ::::.:~ :::~m;;; ~-; ::;:1: :::. . f. g. 4. Building oos!§lr1. a, =':':=:/on"':;!~ ~~,~:iRIa;:h~t::,,"".:'.:~:eo~~::::::' tho S~~~:~,;~:~UFaI~ï¿;=:~Sg =~=~='~:~:~~==~ÆEF~ ;Ë~r~~~:~Red ~~~ ~r:t:::~:¿E~,::~ ?~::~L:;;·~-=: ISO~=: ~~~ ~ =~m: ~= ~.;~~~~ ORa 'ilIa:. :o~i~ ü::"'::: :~~ :: :-:::;::= ~~~~ ~d ao~ g;¡:~~ a: ~;F. . S of the POdoGtrian (GOO Illustration 5.. , 0 . . ;::r:.:. ':,~,~~SÜOR of Iwe. or ~:~ =l& ~":';:~eF ==E:~l~~ ;:~~~:~~i'~~=~¡=:;:'1a :::E::~: :;:¡:: :: gOle""YG a;d ;~;';I;: ~::: =~: .ulu~tration 5,05.08 0.2. b. :n:.:: =::: ",~~rd.. 8::~:~~~~i::::~-=et :~~ :~I~ =~:~ ~~ t~~~:~ng: L Windo'/x at a minimum of ðð percent of tho affoGtoel facado. ii. ~od ~~~~ ~~ry with a minimum of 20 porcont of the '.voll 8f38Ge de':eted to windows. iii. ~:":..~:~~~~lyaiAg SOAvas type) =~oo: P~::::':I~i' ::ro;= ':hb:~: :~~~~~':.,I¡:¡::~~";:;': ~o~:":.::a facado. :: :;:':::': ~~ ~~.~~ ~~uore feet i~ aroa. fasoóe. losing 8 pubUc e;tr~ot Ghall have ono of tho fe"~~:i~ : i. WindowG at a minimum of 25 porcent of the affected facado. ii. ~od ~~~ ~~ry with a minimum of 20 percent of tho 't.'GU 8f38Ge do':etod to windows. c. :=:~~~:i~:~;;~~~:=:::::::~~~~::=,~¡R Page 61 of 156 any existing tnlilding within 300 feet shall provide transitional massing elements to transition between the existing bl.:lildings of lower height '....ithin 300 feet, and the proposed development. The transitional massing element can be no more than 100 peroent taller than the average height of the adjacent bl.:lildings (£eo Illustration 5.05.08 D.3 belo"') ." . IlIu£tration 5.05.08 D.3. d. Facade stanron:Js. 1\11 primary faoades of a i;)l.:Iilding shall be designed with consistent arohiteotural style and detail and trim features. Faoades attaohed to a primary facade shall inoorporate features of the primary faoade for a minimum of 33 peroent of the overall '.vall length measured from the attaohed primary faoade. In the oase of outparoel bl.:lildings, all exterior facades shall adhere to the requirements of this di'y/ision ':/ith respect to arohiteotural design troatments for primary faoades. e. Massing standa:~ds. Exterior faoades shall be designed to employ the follo'Ning design treatments: (1) No horizontal length, or uninterrupted ourve, of the ground floor of any primary faoade, f{)r bl.:lildings botwoen 10,000 and 19,999 squaro foot in gross i;)l.:Iilding area, shall oxceod 50 foet, 'l.'ith tho maximum being 80 feet for arcades. Projeotions and reOOGses shall have a minimum dopth of tvJO foot and a minimum total width of 20 percent of the facado v.'ith variod longths. For i;)uildings under 10,000 square foot, no horizontal length, or uninterrupted curvo, of any primary faoade shall exoeed 35 foot, '.'ith the maximum boing 60 feot for aroades. Projootions and rocessos shall have a minimum depth of one foot and a minimum total width of 20 percont of the facado with varied lengths. .A,II buildings Ghall provido a minimum of one offEot per public stroot or navigable 'Naterway. (2) For builEliRgs between 10,000 square foet and 19,999 equaro feet in groee building area, exterior wall planes shall not oonetitute more than 50 peroent of oaoh aff{)oted ground floor faoade over 30 foot. The '.vall plane shall be moaGured at one foot off the extorior wall curfuce on eaoh side of the wall. (3) Primary facadee on the ground floor for buildings bet'Neen 5,000 square feet and 19,999 Gquare foot in gross bl.:lilding aroa shall have arcades a minimum of eix feet oloar in 'Nidth, display wind owe, entry arem:, or othor euoh features along no lose than 33 porcont of tho horizontallongth f{)r oaoh primary facade. Awninge are inoluded in thic oaloulation at 1.5 timee tho window width '.'",hen acsooiatod with windows/doom in inorements lose than ton feet. i. Window standards: Windows shall not be falee or applied. ii. IIvming Standards: Those standarde apply to awnings aSGooiated and attachod to a building/struoture). (Soe Illustration 5.05.08 C.9 in thie Chapter) Maneard awnings which aro a'Nninge that aro more than 90 poroont of a faoade or those that oonneot t'NO fuoadee ehall adhere to all roof standards of this sootion of this Code. Other awninge whioh are awnings that oonstitute lees than 90 peroent of a faoade and whioh do not provide a oonnootion between faoades chall adhere to the following ctandards: a) /\wnings may bo baoklit provided the illuminated portion of the awning '.\lith graphioe does not exooed the Gize limitations and standard£ of this Page 62 of 156 Geå&: b) Automobilo Galos parking lot awnings: Shado awnings may bo orootod in automobilo salos parking lots subjoot to tho following roquiromonts and standards: i) No Ghado awning struoturo shall bo constructod '....ithin 75 foot of any publio or private stroot. ii) No one shade awning structure may oxoood an aroa suffioiont to provido om'or for moro than 20 automobilos. iii) Tho minimum soparation betweon a'.vning shado struoturos shall bo 100 foot. iH) . Multi oolorod shado awning structures aro prohibitod and the uso of blaok, gray, florosoont, primary and/or sooondary oolors is prohibitod. Earth tone oolors aro oncouragod. iii. Q'lQrhead ckJors: Ovorhoad doors facing one anothor may be treated as intorior spaoo provide[d] that tho Inlildings moot all othor roquiremonts of this section of tho Codo. (Soo Illustration 5.05.08 C.1 0 in thie; Chaptor) f. p.roJeot standards. Both single and multi uso buildings and projocts shall also bo roquirod to pro':ido a minimum of four of tho following building design troatments (Gee Illustration 5.05.08 0.1 below). ii. H . . vi. vii. viii. x. xi. xii. xiii. xiv. i. Canopios or portioos, intogratod with the building's maGsing and &t;4e¡ O':orhangs, a minimum of throo foot; iii. Arcades, a minimum of six foot oloar in 'J.'idth; j" Y . Sculpturod artwork; Raisod cornioo or building banding with a minimum of t....(O roliofs; Poakod roof forms; Arches; Display 'Nindo'Ns; ix. Ornamontal and structural arohitootural dotails, othor than cornicos; 'Nhioh aro intogratod into tho building structuro and ovorall dosign; Clock bell to'l/ers or othor suoh roof troatmont (i.o. dormors, belvederes, cupolas); Projootod ontry. Emphasizod building baso, a minimum of throo foot high and a minimum projection from tho wall of t'NO inchos. Additional roof artioulation abo':o tho minimum standards; or Any othor troatment which, in tho opinion of the County Managor or his dosignoo, moots tho intont of this sootion; Illustration 5.05.08 0.1. Page 63 of 156 and one of the fOllo..·.(ing site design e/omontG: i. ~~~a¡¡va 'an~"aape planler<; ar Plantin¡¡ ;::' ~t:i:;,: 01 ~~.::~~w:;o, and amas for shadod Eoa A G I minimum of 100 squaro foot; ii. :.~~~ of "peaially pa'Jer<;, or "Iamped :~~':"a :~~~ hulldmgs v.'iJlk'IJQY, Said tmatmont shall GO of 60 porcont of '1.'iJlk'llay ama; iii. Wator olemont(s), a minimum of 150 square foot in ama; OF iv. :: =~t ~~~pocimon troos (abovo the minimum landEcape ~~~~~omontE of tho Codo) along the fmnt facado ':lith a ~~i~m height of 18 f-oot at planting. g. Dot:]!! foatl:Jros. ii. iii. h. OI:JtparGels. i. ::::~œ~:~d fnteRt. Tho design olements in tho folloWin~ ~~~~~r~" ohall ~e Integr..' paris of Ihe bUil~I:'~ ~~~r ;::e ~~~~ ~a Intagr"lad Inlo Iha 0""""" aroMe.. Y.a "~:; :: elemo~tG shall not conEist sololy of applied g;;~hk;~, a'. ~!::2~ ~/~/ :J"'~ÐS. Blank '1.'iJII ?FOaS sh~II not ox:~~~: !n tho ~:~~ ~~~~I~n nor 20 foot In tho horrzontal d----~ ~~ faoa~e. Far faoade" Gonnesta~ ta a P~~a~=: ~~I ~~~!r to a minimum of dd porcont of tho ---- - -h -~-~nG :~~~~ lor tha Gonnaallan (Gonlrol an~ ==~~- withi-;' tRlE aroa shall conGtltute blank wall aroa u----....--tt --ttí -'- daao""t;"" patia," and opaaed al ;nlalVa.::::~';"Sl:: ''::'::¡. ~~I~o~ ~.~~ r~'oal work dopth must be a ~:-~...-n-ttt- OitO -:..~::InGh !:1 ~~~lOn 6.06.08 D.6 ~alaw¡. Blank .~: ::~ ";: :ze lan<lsoapmg 10 aG",ol In re~Yslng the blan~ ~.i == ;.. :and6Ca~~~ ~a~ not be In lIou of archltoc-lJ---I t- --~__. _ -eo Illustration 5.05.08 C.15 in this Chaptor) Illustration 5.05.08 0.5, ~1iR1f faoa~a froo/manls. 8ulldlng fasade" ::r~':;:a a repoatlng pattorn and shall Includo no lesE than t ;~:I ~ :~~~~~nls 1i"lad balow. AI ~O~"I on; ~ ~~~;:: elemonlo shail "'paal honzeAtaily. . ,iI deslg I. ~;;¡;; ::' ~~~ ~~I~terv-als of no ~oro than 25 fÐot, honz ' a maxImum of 15 feot vortlCally. a) b) c) d) Color chango; Texturo chango; Material modulo chango; ;:~~~~s!~n of architoctural or struc~ural ~a.~s, ~~~~u~~ ~ GRange In piano of no 10GG than 12 Incho I W , G as a reveal, an offset, or a projocting rib (soo Illustration 5,05.0B 0.6 bo/ow.): Illustration 5.05.08 0.6. e) /\rchitoctural banding; f) 8ui/ding sethaGks or projoctions, a minimum of throe foot in width, on uppor lovol(s); or, g) Pattorn chango. Page 64 of 156 i. =..~ =,,~T::':::J~:tI~:=~-:=:::.. 0~;;;~n:aAoo tha ·¡joual. a~~e"aA.a ~~ïh~ -~:~ :: :}sdootnan publlo, and to pro'lIdo for safo an. ~:' I~ vehioular and podo6trian 3GGess and mO'lo;o~t :¡ith· t 0 sito. ii. :;:r::;,~~.!:" ~^!! extariar laGad.s of '::'a~':":;:1 building :~I ~~ ~As~dorod pnmary faGaåes :md s . ~m ~: ~~~"": oita. and laAds.apiAg d.oign :~7=: .:::: are ~~..~~~~ :th and oommon to tho60 u60d ,n;~; ~ ~~e OA oita: T~aoa Ga"''''on daoigA ela~::.;:;'. ~: ~ aAd ",alanalo aoooOlalod Wllh tho "'al;;;;~;;~= :v Ihe wsa af OO"'",on wall. olda by olda d.....'...._ . ;:; , eontiAuity of faoadas aAd oon.alidalad parki':g.,~i:'~; ~~~~oao aA aAa parklAg 'el "'ay ba uoad. _. :: ;:;"1 are adjaGent to oaoh othor aro onoouragod provido for-~;' u ; eOAAastloA botweoA parkiAg 191& aAd ~",vida for p~~:;= . ;~~~~~~~'~. outparGels shall bo d061gnod and e d '.'11th tAe marn prOjOOt. i. Roof trÐÐtmÐAts. i. ~~a and ¡nlent. Variaüano in reaf IiAa? O.h:~ b~~:,~o:= Intareot to. and redu"" tho ",aoo,ng of bUlld,n". ;;:;::: ohall ba in 00010 with Iha bUlldi~g'o maoo .a~ßg~~;;; __ charaotor of adjoining and/or 3åJaGÐnt bu.'d. n ~~~~~~dG. Roofing ",olo"al ohould :: ~~ of':::;"'bla high quaHty ",atanallA oreana anhanea a " ..r:::: :~~~~:i~~~~ ~ ~ ~mmunity. Tho fOllo'.~~ ;t-;~ ~ ntify a:}:}Fe:}FIŒe Feof troatmonts and foaturos. ii. ::::.~~ and ~:~;:~=:¡i ~;:o ~i':!.":t~~ 0:h:;~~~~7~ ;~;A~ ~oAditiaA. a ",iAimy", of ~ ~~~~::~::,: .henge-ohall be looolad eA a WI",a')' laGad I _ .~~ collootor or artorial right of '/Jay (60e 'lIustrat~ š.õfi. .7 belo''') ... . Illustration ã.05.08 0.7. iii. RoofE: shall moot tho fol/o'Ning roquiromonts: a) Parapots shall be usod to oonooal roehop oquipmont and flat roofs; b) If/horo ovorhanging OQ'/OS ara usod, ovorhangs Sh{1~1 ::; no loss than two foet beYElAE1 the Supportin~ .:~~~ t~ 0 o~orhanQs are less. than tW? ~ot thoy ~hall.~~ ~;V~ wIth a band or oornloo, a minimum of olght I h F tho soffit at tho wall. c) Faoia shall bo a minimum of oight inohos. (seo IIIu6tration 5.05.08 0.8 bolow); lIIu6tration 5.05.08 0.8. d) Tile or motal roof as tho dominant roof matoriaL i" 1i'. ;::'~~~~OOf fyP?s ::lAd m::Jtor.'als. Tho following typos of matonal6 aro prohlbltod: a) ::..~~~~ shinglos, OXGOpt laminatod, d20 pound, dO yoar architootural graåe a6phalt shingl06 or bottor; b) ~angard roo~ and oanopios without a ~~~~~n;, ~~rtioal dlE:tanoe of SIX foet and at an anglo not I degreos, and not groator than 70 dogroos; Page 65 of 156 c) R.oofs utilizing less than or oqu:lI to a two to 12 pitoh unloss utilizing full par3pot oovorago; and d) Baok lit awnings usod as a mansard or canopy roof. j. EntrywaYs/Gustomo:- onu:lnGo tro3tmonts. i. Purposo :lnd ,intant. Entryw3Y dosign elomonts and variations aro intonded to givo protootion from tho sun 3nd advorso wO:Jthor oonditions. Thoso olomonts aro to bo intogr:Jtod into a oomprohonsive dosign style fur tho projoot. ii. E-Atty'llays/cl:Jstomor ont:-:lnco sk:1nEia:-ds. Thoso Gtand:Jrds idontify 3ppropriato ontry fuaturos. 3) Sing.l.e I:JSO buildings. Singlo ocoupanoy uso buildings botwoon 10,000 squaro foot and 1 9,9Q9 squaro foot in 3roa shall have olearly definod, highly visible OUGtomor entrancos whioh shall inoludo tho fullm...ing: /\n outdoor patio ar03 adjacent to the oUGtomor ontranoo, a minimum of 50 Gquaro foot in 3roa and whioh inoorporatos two of tho following: (1) BonohoG or othor soating compononts; (2) /\ provision for intormittont sh:Jdod outdoor oommunity spaoo at a minimum of one poroont of tho total gross floor aroa of tho building or commeroial projeot. Said oommunity spaoo Gh:J1I bo looatod off or adjacent to tho oirculation p3th of tho complox or main structure and shall incorpor3to bonohos or othor soating oompononts. Front ontry Gh:J1I be sot baok from tho drivo a minimum of 15 feot. k. M.'scoHanoo/;Js structuros. i. Q/;JtsififJ P!:lY stFucwres. Outsido pl3y structures shall not excood 50 poroont of covorago 310ng tho 3ffootod facade. No portion of any pl:Jy structure loc:Jtod botwoon tho front building lino and any adjacent right af way shall oxoood 3 hoight of 12 feet as moaGurod from oxisting ground olovation. In all othor C3GOS, no portion of :Jny pl3y structure shall oxoood a maximum hoight of 16 foet as moasurod from oxisting ground olovation. Pl3y structures Ghall bo limitod to oarthtono colors, with a m:Jximum of throo oolor variations. 5. .^A3tod:l!s ami c%r. 3, ,D~:J:'posa :lnd .'ntont. Extorior building oolors and matorials oontributo signifioantly to tho visual impaot of 3 building on tho community. Thoy shall bo woll dosigned and intogratod into a oomprohonsivo dosign style for tho projoct. b. Extor.'or building m:ltork1!s stand:lrds. i. Prodominant oxtorior builEling m3torialG shall inoludo, but aro not limitod to: a) Stuooo; b) Briok; c) Tintod, toxtured, othor than smooth or ribbod, oonoroto mason!)' units; or Page 66 of 156 d) Stano, oxcluding an ashlar or rubble conetruction look. ii. Prodominant oxtorior building m::ttorial that aro prohibitod includo: a) Plaetic siding, unloss aseociatod with Florida crackor style and utilizos trim with a minimum of eix inchee for ite longth; b) Corrugatod or refloctive motal panole; c) Tilo; d) Smooth or rib faced concrote block; and 0) J\ppliod stano in an aehlar or rubblo look. iii. Automotivo and other spocial typo service buildings may utilize prefabricated motal buildings under the follo'Ning conditions. a) Mekll buildings are more than 250 feet from any right of way:; b) Motal buildings are loc3ted diroctly bohind tho main ehowroom/saloe conter eo 3S not to be a domin3nt facade along tho street; c) No more than 20 percent of tho building can bo beyond the main auto sales centor 3nd showroom. i" Y. Predominant oxterior color(s). a) The use of black, gr3Y, fluoreecent, primary and/or secondary colors is prohibitod m: the prodominant exterior building or roof color(s). E3rth tone colors are encour3ged. " . . Building trim color(s). a) 8uilding trim 3nd 3ccent 3re3S may fe3ture 3ny color(s), limited to ten percent of the affected faGade segmont, with 3 m3ximum trim hoight of 21 inchos total for ite ehortoet dist3nco. b) Noon or noon type tubing shall bo pormittod 3S providod for in section 5.06.03 of this Codo. I\n 3pprovod lighting pbn consistent with tho provisions of section 5,06.04 of this Code sh311 be provided. 6. Signage. The provisions of this soction shall also apply to commorcial buildings 3nd projocts '.\'ith loss th3n 20,000 square foot of building 3roa. 7. Natura! and manmade eodies of vlQt-or (inc!uding :-etention a:-eQS exceeding 12 foot in width). a. The shapo of a man modo body of 'Nator, including wot and dry retention 3re3S, ehall bo doeignod to appoar natural by having off sets in the edge alignmont that arc a minimum of ten feot and spaced 50 foot 3part. N3tural and manmade bodics of water, including 'Net 3nd dry retention are3G, exceeding 20,000 equare feot in are3, 3nd which are located adjasent to a public right of way, ehall bo incorpor3te[d] into tho ovorall dosign of the project 3t le3st 1\"10 of the following itome (soo Illustration 5.05.08 0.9 bolo'N): Illustration 5,05.08 0,9. i. ^ minimum of five foot wide walkway 'Nith trooe an avorago of 50 foot on contor and ehadod minimum of six foot long benchos or picnic tables every 150 linear feet. Page 67 of 156 Ii. 1\ :)blblis assess ~i9r with eaver~eI etAllliltu,e BRei 8satlAi. iii. A pla,a/ooUf!yaAl, 200 squom ~.t "'iAi"':,~: =d benohcs ::md/or plOnlO tab/os aElJ3Gent to 't"' r . iv. Pormanont fountain struGture, E. Exooptions and intorprotations. 1. =::. :?::~':~ ~~~~ ~rovjsions 01 this C:' =~:: =~ :~~ :~~O:;:~O~~=O~ti~~S ~~ f:~~ ~~~:::;:.,.,~:: oan =æ~:;;~~~~ ::~I~~: :~~;~£:Eo~=~~=¡A EI~;' ~;~;: =y~:r::~~~::e~~=~~=Ee~= =:~I; E';~:;~ 01 this division ",oy bo ;;;~';;;;¡;;d ;:;;:;:,,; ::;~ 3FeSeaUFÐs Got forth In scotlon 9.04.00 of this Codo. ~~~"':::~=~=::. r::~~% ~o =:, ~:'o~~::=:¡"~Oy =:EE~'E-~ ,b~.:s 01 thiS_:i~~~~~~=~i~:r~~:~nag.F :.: ~Æ:~ ~:;;~ ~~~ ~~~ ;::g iA wri~~~= :::~::~: ;. ::= ¿::::~~O~~PP"·::i~n:h: t::::;:~~':r:::~=;::~:~~ ::~~ ~r==:t !O':;h ~~ :ootion 10.02.02. 2. SECTION 5.05.08, ARCHITECTURAL AND SITE DESIGN STANDARDS A Purpose and Intent. 1. The ur ose of these standards is to su lement existin develo_ment criteria in order to complement. enhance and enrich the urban fabric of Collier County with an abundant varietv of Architecture. T/1~ development of a positive. proaressive and attractive community ir .age and sense of place is vital to the economic health and vitality r I Collier County. 2. Amona the recurrina details that are present in the arçllilecture of Collier County include. but are not limited to. the following: a. elements of Mediterranean desian emploYina sloped barrel tile roofs. arcades and stucco: b. Old Florida desian with wide verandas. metal roofs and lap sidina: c. Modern International: and d. various traditional historic references to Colonial. Bermuda and Island forms. 3. Buildina desian contributes to the uniaueness of the proiect area and the Collier County community with predominant materials. desian features, color ranae and spatial relationships tailored specifica~ to the site and it~ context. 4. While architecturai embellishments are not discouraqed, em~hasis on scale. massina. form-function relationships. and relationshL of the buildin or buildin 5 to the site and surroundin_ context is stronl.ll}! encouraaed. Recoanition of the environment and climate present in Collier County must be evident in the architecture. Gratuitous decoration applied to the buildina is stronaly discouraaed. Page 68 of 156 5, These standards and auidelines are intended to result in a comprehensive plan for buildina desian and site development consistent with the aoals. policies and obiectives of the Collier Countv Growth Manaaement Plan ("GMP") and the pUrDose and intent of the Land Development Code ("LDC"). These reaulations are intended to promote the use of crime prevention throuah site desian principals. includina visibilitv-site lines for law enforcement as well as the aeneral public, 6. To maintain and enhance the attractiveness of the streetscape and the existina architectural desian of the community. all buildinas must have architectural features and patterns that provide visual interest from the perspective of the pedestrian. reduce buildina mass. recoanize local character. and respond to site conditions, Facades must be desianed to reduce the mass/scale and uniform monolithic appearance of larae unadorned walls. Facades must provide. throuah the use of detail and scale. visual interest that is consistent with the community's identity and character. Articulation is accomplished bv varvina the buildina's mass. in heiaht and width. so that it appears to be divided into distinct elements and details. B. Applicabilitv. The provisions of section 5.05.08 applv: 1. To all new buildinas and proiects submitted on or after November 10. 2004 in the zonina districts set out below. At the applicant's request, projects submitted between November 10, 2004 and January 2. 2005 may be reviewed for compliance with the requirements of section 5.05.08 as they were set forth in the LDC before November 10. 2004. a. Commercial zonina districts. b. Non-residential PUD districts. and non-residential components of any PUD district. c, Business park districts. 2. To non-residential buildinas and proiects submitted on or after November 10. 2004 in any zonina district. but onlv when the followinq conditions exist: a. The proiect site is located on an arterial or collector road. as described bv the Traffic Circulation Element of the GMP. or Q... A proposed buildina's footprint would be located within 300 feet of the boundary of a residentiallv zoned district. 3. To all renovations and redevelopment. includina applicable additions of a buildina or site. as follows. except that "renovation" is not intended to applv to routine repairs and maintenance of an existina buildina: a. Anv addition or renovation of an existina buildina or proiect includina vehicular use area (Le. - approved for use and occupancy as of November 10. 2004) that will result in a chanae to the exterior of the buildina or site such that in the case of: L A buildina facade renovation where such addition. renovation. or redevelopment exceeds 50 percent of the wall area of an existina facade. that entire facade must complv with the standards of Section 5.05.08. iL An addition or renovation to. or redevelopment of. an existina buildina or proiect. where the cost of such addition. renovation. or redevelopment exceeds 50 percent of the assessed value of the existina structure(s). or would exceed 25 percent of the sauare footaae of the aross area of the existina structures. the existina buildina(s) and the site improvements must conform with the standards of Section 5,05.08. Page 69 of 156 Hi. Upon repaintina an existina buildina. the colors to be applied must complv with Section 5.05.08 0.13. Materials and colors. 4. Abandonment or discontinuance of use. a. Buildinas or proiects that are abandoned (i.e. - their existina use ceases) are subiect to this Section notwithstandina Section 9.03.02 F.: i. Where the use of a structure. buildina or proiect ceases for any reason. except where qovernment action impedes access to the premises. for a period in excess of one Year. the provisions of Section 5.05.08 applv before re-occupancv. Compliance with this Section may reauire structural alterations. ii. The site desiqn standards of this Section applv where the use of a structure ceases for any reason. except where aovernmental action impedes access to the premises for a period of more than 180 consecutive days. C. Buildina desiqn standards. 1. Buildina Facades, All facades of a buildinq must be desiqned with consistent architectural stvle. detail and trim features. a. In case of buildinas located on outparcels. and freestandina buildinas within a unified plan of development. all exterior facades shall adhere to the reauirements of this Section with respect to architectural desiqn treatments for primary facades. (See Section 5,05.08 e.g. Outvarcels and freestandina buildinas within PUD and common ownershiv develovments for additional desiqn standards). b. Buildinas or proiects located at the intersection of two or more arterial or collector roads shall include desian features. such as corner towers. corner entrances. or other such features. to emphasize their location as aatewavs and transition points within the community. 2. Primary facade standards. a. Buildina entrance. Buildinas located alonq a public or private street must be desianed with the main entrance clearlv defined. and with convenient access from both parkinq and the street. b. Ground floor. Primary facades on the around floor must have features alonq a minimum of 50 percent of their horizontal lenath. These features include. but are not limited to: arcades: displav windows; entry areas; or other similar desian elements. c. Desian features. The desiqn of primary facades must include. at a minimum. two of the followina desiqn features: i. Glazinq coverinq a minimum of 30 percent of the primary facade area. consistina of window and alazed door openinas. ii. Proiected or recessed covered public entry providina a minimum horizontal dimension of eiaht feet and a minimum area of 100 sauare feet. In addition. a minimum of 20 percent of the primary facade area must be devoted to windows and alazed door openinas. iii. Covered walkwav. or arcade (excludinq canvas type) constructed with columns at least 12 inches wide. attached to the buildinq. or located no more than 12 feet from the buildinq. The structure must be permanent and its desian must relate to the principal structure, The minimum width must be eiaht feet. with a total lenath measurina 60 percent of the lenath of the associated facade, Page 70 of 156 iv, Porte-cochere with a minimum horizontal dimension of 18 feet. In addition. a minimum of 20 percent of the primary facade area must be devoted to windows and alazed door openinas. v. A tower element such as but not limited to a clock or bell tower element. In addition. a minimum of 20 percent of the primary facade area must be devoted to windows and alazed door openinas. 3, Facade/wall heiaht transition elements. a. PUrDose. The intent of this section is to ensure that the proposed buildinas relate in mass and scale to the immediate streetscape and the adiacent built environment. b. Aoolicabilitv. Transitional massina elements must be provided on proposed buildinas that are twice the heiaht or more of any existina buildina within 150 feet. as measured from the edae of the proposed buildina. c. Desian standards. i. Transitional massina elements can be no more than 100 percent taller than the averaae heiaht of the adiacent buildinas. but no more than 30 feet. and no less than ten feet above the existina arade. ii. Transitional massina elements must be incorporated for a minimum of 60% of the lenath of the facade. which is in part or whole within the 150 feet of an existina buildina. iii. Transitional massina elements include. but are not limited to. wall plane chanaes. roofs. canopies. colonnades. balconies. other similar architectural features. with the minimum depth for projections and recesses relative to the buildina size. and must meet the followina reauirements: a) For buildinas 40.000 sauare feet or laraer in aross buildina area. proiections and recesses must have a minimum depth of ten feet. b) For buildinas between 20.000 and 39.999 sauare feet in aross buildina area. projections and recesses must have a minimum depth of eiaht feet. c) For buildinas between 10.000 and 19.999 sauare feet in aross buildina area. projections and recesses must have a minimum depth of six feet. d) For buildinas UP to 9.999 sauare feet in aross buildina area. proiections and recesses must have a minimum depth of four feet. 4. Variation in massina. A sinale. larae. dominant buildina mass must be avoided. Chanaes in mass must be related to entrances. the intearal structure and the oraanization of interior spaces and activities. and not merely for cosmetic effect. False fronts or parapets create insubstantial appearance and are discouraaed. All facades. excludina courtyard area. shall be desianed to employ the desian treatments listed below. a. Proiections and recesses, i. For buildinas 40.000 sauare feet or laraer in aross buildina area. a maximum lenath. or uninterrupted curve of any facade. at any point. must be 150 linear feet. Proiections and recesses must have a minimum depth of ten feet within 150 linear feet limitation. Page 71 of 156 ii. Hi. For buildinas between 10.000 and 19.999 sauare feet in aross buildina area a maximum len th or uninterru ted curve of an fa ade at an oint must be 100 linear feet. Pro'ections and recesses must have a minimum depth of six feet within 100 linear feet limitation. iv. For buildinas between 5.000 and 9.999 sauare feet in aross buildina area a maximum len th or uninterru ted curve of an fa ade at an oint must be 75 linear feet. Pro'ections and recesses must have a minimum depth of four feet within 75 linear feet limitation. v. For buildinQS less than 5,000 square feet in gross bUlidln~ area. a maximum lenath. or uninterrupted curve of anv facade at any point must be 50 linear feet. Pro'ections and recesses must have a minimum depth of three feet. and a minimum total width of 20 percent of the facade lenath. Illustration 5.05.08 C.4.a, - 1 b. Wall DIane chanaes, i. For buildinas exceedina 5.000 sauare feet in aross buildina area, an fa ade with horizontal len th exceedin_ 50 linear feet must incorporate wall plane proiections or recesses havina depth of at least three feet. with a sinale wall plane limited to no more than 60 percent of each affected facade. ii. If a buildina has a proiection or recess of 40 feet or more. each is considered a separate facade. and must meet the above reauirements for wall plane chanaes~ Page 72 of 156 Illustration 5.05,08 C.4.b. - 1 5. Proiect Standards. a. An applicant must submit architectural drawinas and a site development plan or site improvement plan accordina to Section 10.02.03 Site Deve/aoment Plans af this Code to comply with this Section 5.05.08. This includes: floor plan(s) of each proposed buildina. all elevations of each proposed buildina at a minimum of 1/8" scale. a color renderina or elevation. color paint chips. and roof color paint chip(s) or sample. b. Architectural drawinas must be sianed and sealed by the licensed Architect who is responsible for preparina the drawinas. and who is reaistered in the state of Florida as set forth in Chapter 481. of the Florida Statutes. c. Buildina desian treatments. Each buildina must have at least four of the followina buildina desian treatments: i. Canopies. porticos. or porte-cocheres, intearated with the buildina's massina and stvle. ii. Overhanas. minimum of three feet. iii. Colonnades or arcades. a minimum of eiaht feet clear in width. iv. Sculptured artwork. v. Cornice minimum two feet hiah with 12 inch proiection. vi. Peaked or curved roof forms. vii. Arches with a minimum 12-inch recess depth. viii. Display windows. Page 73 of 156 ix. Ornamental and structural architectural details. other than cornices. which are inteQrated into the buildinQ structure and overall desiQn. x. Clock or bell tower. or other such roof treatment (i.e. dormers. belvederes. and cupolas). xi. Projected and covered entry. with minimum dimension of eiQht feet and the minimum area of 100 sauare feet. xii. Emphasized buildinQ base. minimum of three feet hiah. with a minimum projection from the wall of two inches. xiii. Additional roof articulation above the minimum standards. xiv. Curved walls. xv. Columns. xvi. Pilasters. or xvii. Metal or tile roof material. xviii. Expressed or exposed structural elements. xix. Additional alazina at a minimum of 15% bevond the code minimum reauirement. xx. Solar shadinQ devises (excludina awninas) that cover a minimum of 50% of the buildina facade. xxi. Translucent Qlazina at a minimum of 15% beyond the code minimum alazinQ reauirement. xxii. Glass block at a minimum of 15% beyond the code minimum Qlazina reauirement. d, Site de sian elements. All projects must have at a minimum two of the followinQ: i. Decorative landscape planters or plantinQ areas. a minimum of five feet wide. and areas for shaded seatinQ consistinQ of a minimum of 100 sauare feet: ii. Intearation of specialtv pavers. or stamped concrete alona the buildinQ perimeter walkwav. This treatment must constitute a minimum of 60 percent of walkway area: iii. Two accent or specimen trees. above the minimum landscape code reauirements. for every 100 feet of the front facade and a minimum of two for the rest of the proiect with a minimum heiaht of 18 feet at plantina: or iv. Site sculptures. 6. Window standards. Windows must not be false or applied. Spandrel panels in curtain wall assembly are allowed but may not be included in the minimum alazinQ reauired for primary facade. 7. Overhead doors. a. Reauired screenina. Overhead doors must not be located on the primary facades. unless sufficient screenina is proposed. Sufficient screeninQ is defined as a screeninQ wall. with a minimum heiQht of 90 percent of the overhead door heiaht. or a landscape buffer achievina 75 percent opacity within one year. The placement and the lenQth of Page 74 of 156 these screenina devices must block the view of the overhead doors from the street. b. Doors facina one another. Overhead doors facina one another may be treated as interior space. provided that: i. the buildinas meet all other reauirements of Section 5.05.08. of this code. ii. the distance between the doors facina one another is no areater than 50 feet: and iii. the view of the overhead doors is properly screened from the street. 8. Detail features, a, The desian elements in the followina standards must be an intearal part of the buildina's desian and intearated into the overall architectural style. These elements must not consist solely of applied araphics or paint. b. Blank wall areas. Blank. opaaue wall areas must not exceed ten feet in vertical direction or 20 feet in the horizontal direction of any primary facade. For facades connected to a primary facade this applies to a minimum of 33 percent of the attached facades. Control and expansion joints are considered blank wall area unless used as a decorative pattern and spaced at intervals 120 sauare feet per panel or less. The depth of the relief and reveal work must be a minimum of 1/2 inch. and a minimum width of 1-~ inch and may be of a color that contrasts with the color of the wall. 9. Outparcels and freestandina buildinas within a PUD and common ownership developments. a. Pumose and intent. To provide unified architectural desian and site plannina for all on-site structures. and to provide for safe and convenient vehicular and pedestrian access and movement within the site. b. Primary facades. All exterior facades of freestandina structures. includina structures located on outparcels. are considered primary facades. and must meet the reauirements of this Section with respect to the architectural desian treatment for primary facades - Section 5.05.08 C.2. Primary facade standards. c. Desian standards. The desian for freestandina buildinas must employ architectural. site and landscapina desian elements intearated with. and common to those used on the primary structure and its site. These common desian elements must include colors. buildina materials. and landscapina associated with the main structure. All freestandina buildinas must provide for vehicular and pedestrian inter- connection between adiacent outparcels or freestandina sites and the primary structure. d. Primary facade standards. The followina desian features are in addition to the list of reauirement options to meet Section 5.05.08 C.2. Primary facade standards: i. Walls expandina the desian features of the buildina. not less than 7 feet hiah. creatina a courtyard not less than 12 feet from the buildina and lenath of no less than 60% of the lenath of the associated facade. The courtyard may be aated and able to be secured from exterior public access. Grilled openinas are allowed if courtyard is landscaped. Openina depths or wall terminations must be a minimum of 12 inches deep. If the courtyard contains service or utility eauipment. the heiaht and desian must prevent view from the exterior. Courtyard walls are not to be considered fences. Page 75 of 156 ii. Trellis or latticework used as a support for climbina plants may count as window area equal to the plant coveraQe area. 10. Roof treatments. a. Pumose and intent. Variations in rooflines are used to add interest and reduce massina of larQe buildinas. Roof heiQht and features must be in scale with the buildina's mass. and shall complement the character of surroundina buildinQs and neiQhborhoods. Roofina materials must be constructed of durable. hiQh-auality material in order to enhance the appearance and attractiveness of the community. The followinQ standards identify appropriate roof treatments and features. b. Roof edae and lJaralJet treatment. i. For buildinas laraer then 5.000 sauare feet in Qross buildinQ area a minimum of two roof-edQe or parapet line chanaes are reauired. Each vertical chanae from the dominant roof condition must be a minimum of ten percent of buildina heiQht. but no less than three feet. At least one such chanae must be located on a primary facade. One additional roof chanQe must be provided for every 100 linear feet of the facade lenath. ii. Roofs. other than mansard roofs. with the slope ratio of 3: 12 or hiQher are exempt from the above reauirements for vertical chanQe for the facades that are less than 200 feet. One roof edae. or parapet line chanae must be provided for every 200 linear feet of the facade lenQth. c. Roof Desian standards. Roofs must meet the followina reauirements: i. When parapets are used. the averaae heiaht of such parapets must not exceed 15 percent of the heiQht of the supportina wall. with exception of the parapets used to screen mechanical eauipment. Parapets used to screen mechanical eauipment must be no less than the maximum heiQht of the equipment. The heiQht of parapets shall not. at any point. exceed one-third the heiQht of the supportina wall. ii. When a flat roof is screened with a parapet wall or mansard roof at any facade. a parapet or mansard roof treatment must extend alona the remaininQ facades, iii. When sloped roofs are used. the massina and heiQht must be in proportion with the heiaht of its supportina walls. Sloped roofs must meet the followina reauirements: a) Sloped roofs that are hiQher than its supportina walls must feature elements that create articulation and reduce the massinQ of the roof. This includes: clearstorv windows. cupolas. dormers. vertical chanaes. or additional complementarv colors to the color of the roof, b) The color(s) of a sloped roof must complement the color(s) of the facades. d. Prohibited roof tVlJes and materials. The followina roof types and roof materials are prohibited: i. Asphalt shinales. except laminated. 320-pound. 30-Year architectural arade asphalt shinales or better. ii. Mansard roofs and canopies. unless they meet the followinQ standards: a) Minimum vertical distance of 8 feet is reauired for buildinas laraer than 20.000 sauare feet. Page 76 of 156 b) Minimum vertical distance of 6 feet is reauired for buildinas of UP to 20.000 sauare feet of aross floor area. and c) The roof anale shall not be less than 25 dearees. and not areater than 70 dearees. iii. Awninas used as a mansard or canopv roofs. 11. Awnina standards. These standards applv to those awninas associated with and attached to a buildina or structure. a. Mansard awninas. which are those awninas that span 90 percent. or more. of a facade lenath and those. which do not provide a connection between facades. must adhere to all roof standards of Section 5.05.08. C.10. of this Code. b. All other awninas. which are awninas that constitute less than 90 percent of a facade lenath. and those that do not provide a connection between facades. must adhere to the followina standards: i. The portion of the awnina with araphics may be backlit. provided the illuminated portion of the awnina with araphics does not exceed size limitations and the other sian standards of Sections 5.06,00. 9,03.00. 9.04.00 and 10.02.06 Sians of this Code. ii. The location of awninas must relate to the window and door openinas. c. Automobile sales parkin a lot awninas, Shade awninas may be erected in automobile sales parkina lots subject to the followina reauirements and standards: i. Shade awnina structures must not be constructed within 75 feet of any public or private street. ii. Sinale shade awnina structures must not exceed an area sufficient to provide cover to 20 automobiles or 3.240 sauare feet. whichever is areater. iii. The minimum separation between shade awnina structures must be 1 00 feet. iv. Multi-colored shade awninas and the use of black or aray. florescent. primary and/or secondary colors are prohibited. Earth tone colors are encouraaed. 12. Entrvway/customer entrance treatment. a. Purpose and intent. Entryway desian elements are intended to aive protection from the sun and adverse weather conditions. These elements must be intearated into a comprehensive desian style for the project. b. Sinale-tenant buildinas and developments. Sinale-tenant buildinas shall have clearly defined. hiahly visible. customer entrances. The customer entrance shall meet the followina standards: i. An outdoor patio area must be provided adjacent to the customer entrance. with a minimum of 200 sauare feet in area. The patio area must incorporate the followina: a) Benches or other seatina components. b) Decorative landscape planters or wina walls which incorporate landscaped areas. and Page 77 of 156 c) Structural or veaetative shadina. ii. Front entry must be set back from a drive or a parkina area by a minimum distance of 15 feet. c. Multiole-tenant buildinas and develooments, Multiple-tenant buildinas and developments must meet the followina standards: i. Anchor tenants must provide clearly defined. hiahly visible customer entrances. ii. Shaded outdoor community space must be provided at a minimum ratio of one percent of the total aross floor area of all on-site buildinas. The community space shall be located off. or adiacent to. the main circulation path of the complex and must incorporate benches or other seatina components. and Hi. Front entries shall be setback from a drive or a parkina area by a minimum of 15 feet. 13. Materials and colors. a. Puroose and intent. Exterior buildina colors and materials contribute sianificantly to the visual impact of buildinas on the community. The colors and materials must be well desianed and intearated into a comprehensive desian style for the proiect. b. Exterior buildinG colors. The use of solid black. aray. florescent. primary or secondary colored materials or finish paint is limited to no more than ten percent of a facade or the total roof area. except that naturally occurrina materials are permissible. such as marble. aranite. and slate and the followinq man-made materials: silver unpainted metal roofs. c. Exterior buildinG materials. The followina buildina finish materials are limited to no more than 33 percent of the facade area: i. Corruaated. or reflective metal panels, and ii. Smooth concrete block. d. Neon tubinG. The use of neon or neon type tubina is prohibited on the exterior and the roof of a buildina. D. Desian Standards for specific buildina uses. 1. Standardized desian buildinas must meet the provisions of this code. 2, Self-storaae buildinas. Self-storaae buildinas are subiect to all of the applicable provisions of this section with the followina exceptions and additions: a. Overhead doors. Overhead doors cannot be located on the primary facade of self-storaae buildinas. b. Screen walls. When a wall is proposed to screen the facility. it must be constructed of material similar and complementary to the primary buildina material and architecture. Lona expanse of wall surface shall be broken into sections no lonaer than 50 feet. and desianed to avoid monotony by use of architectural elements such as pillars. c. Window standards. Windows must not be false or applied. If the window openinas are into the storaae area, translucent material must be used. Page 78 of 156 d. Sinole-storv self-storaoe buildinos. Section 5.05.08 C.2. Primary facade standards can be reclaced with the followin~ two octions: i. Option 1. a) A minimum of 20 percent of the primary facade area must be Qlazed: and b) A covered public entry with a minimum roof area of 80 sauare feet and no dimension less than eiaht feet. or a covered walkway at least six feet wide with a total lenath measurina no less than 60 percent of the lenath of the facade. ii. Option 2. If the proiect desian incorcorates a screen wall around the perimeter of the self-storaae facility. the followina standards mmoc a) Architecturally treated. eiaht-foot hiah. screen wall is reauired to screen the facility, b) The roof slope for the buildinas is a minimum of 4:12 ratio for double slopes. and 3:12 ratio for sinale slope. and c) A landscape buffer at least 7 feet wide is reauired on each side of the wall. iii. In the case that none of the above options are met. then Section 5,05.08 C.2, Primary facades standards must be met. e. Multi-storv self-storaoe buildinos, The reauirements of Section 5.05.08 C.2. Primary facade standards can be replaced with the following standards: i. Option 1. a) A minimum of 20 percent of the primary facade area must be Qlazed: and b) A covered public entry with a minimum roof area of 80 sauare feet and no dimension less than eiaht feet. or a covered walkway at least six feet wide with a total lenath measurina no less than 60 percent of the lenath of the facade. c) Reauirements of Section 5.05.08 C.8.b. Blank wall area apply to all facades. and d) Foundation plantina areas must be a minimum 15 percent of the around level buildina area. ii. Option 2. If proiect desian incorcorates a screen wall around the perimeter of the self-storaae facility. The followina standards mmoc a) Architecturally treated. eiaht feet hiah screen wall is reauired to screen the around floor of the facilitv. b) Landscape buffer. minimum 7 feet wide is reauired on each side of the wall. c) Primary facades above the around level must include alazina. coverina at a minimum 20 percent of the facade area. d) Reauirements of Section 5.05.08 C.8.b. Blank wall area applies to all facades. and e) Foundation plantina areas must be a minimum 15 percent of the around level buildina area. Page 79 of 156 Hi. In the case that none of the above octions are met. then Section 5.05.08 C.2. Primary facades standards must be met. 3. Mercantile. a. AlJlJlicabilitv. All standards listed in Section 5.05.08. are acclicable with the followina excections and additions. b. LarGe Retail Structures. The curcose of this section is to break uc the monolithic accearance of larae retail structures and cresent a more human scale of architecture to the cublic riaht of way view. Because these buildinas house a variety of functions that can accommodate in a variety of scatial tYces. they must be desianed to excress these functions in a manner that has the accearance of a arouc of buildinas of yaryina scale and size. c. All areas with the buildina that can be accommodated within a scace with a ceilina heiaht of 16 feet or less must be desianed and built within a sinale stOry enveloce or a multicle of enveloces, These buildina enyeloces must have a maximum eave heiaht of 16 feet and must be excressed as sinale stOry elements in the architectural form of the buildina alona the buildina edae or edaes that front the cublic riaht of way. These areas must include. but are not limited to: i. The manaaement and business office. ii. Check out area. iii. Rest rooms. iv. Customer service area. v. Food service areas. d. Windows and entrances. When more than two retailers with secarate exterior customer entrances are located within the crincical building. the followina standards accly: i. The first floor of the crimary facades must utilize transcarent windows and doors for no less than 30 cercent of the horizontal lenath of the buildina facade. ii. Primary buildina entrances must be clearly defined and connected with a shelterina element such us a roof canocy or arcade. 4. Automobile service stations a. AlJlJlicabilitv. In addition to the reauirements of Section 5.05.05 Automobile service stations. all standards are acclicable with the followina additional reauirements: i. Canocy columns must be at least 18 inches wide. ii. Under-canocy liahts must be fully recessed. iii. Canocies must not be hiaher than 16 feet clear. 5. Hotel/motel. a. AlJlJlicabilitv. All standards of Section 5.05.08. are acclicable with the followina excections. b. DesiGn features. Section 5.05.08 C.2. Primary facade standards- DesiGn features can be reclaced as follows: i. The desian of the crimary facades must include windows and other a/azed oceninas coverina at least 20 cercent of the crimary facade area. and one of the followina desian features: Page 80 of 156 a) Proiected. or recessed. covered public entry providina a minimum horizontal dimension of eiaht feet. and a minimum area of 100 square feet. or b) Covered walkwav or arcade (excludina canvas type) constructed with columns at least 12 inches wide. that is attached to the buildina. or located no more than 12 feet from the buildinq. The structure must be permanent and its desian must relate to the principal structure. The minimum width shall be eiaht feet. with a total lenath measurina 60 percent of the lenath of the associated facade. ii. For buildinas located 200 feet or more from the street riaht-of- wav. the proiected or recessed entry and covered walkwav or arcade. reauired by the above Section 5.05.08 D.5.b.i.. can be located on any facade. 6. Warehousinq/distribution. a. Applicabilitv. All standards listed in Section 5.05.08. are applicable except for the followinq: b, Primary Facade Standards. The reauirements of Section 5.05.08 C.2. Primary facade standards are replaced with the followina standards. Facades frontinq on arterial or collector streets must have two or more of the followina desiqn features: i. Windows at a minimum of ten percent of the facade area. ii. Proiected or recessed covered public entry providina a minimum of eiaht feet by eiaht feet cover. iii. Foundation plantina consistina of trees and shrubs. The total lenath of the plantina area must be a minimum of 25 percent of the facade lenath and be distributed alonq the facade to reduce the blank wall area. The depth of the plantina area must be a minimum of ten feet. The plant material shall be as required by Section 4.06.05 of this Code. iv. Masonry. concrete or tilt-up construction. v. Buildinq heiaht of 40 feet or less and the buildina street setback of 200 feet or more. c. Variation in Massina. The requirements of Section 5.05.08 CA. Variation in massina applies onlv to primary facades and to facades facina residential districts. d. Buildina desian treatments. The requirements of Section 5.05.08 C.5.c. Buildina desian treatments are modified as follows: i. Primary facades must include a minimum of two of the buildina desian treatments listed under this section. e. Site desian elements. The reauirements of Section 5.05.08 C.5.d. Site de sian elements are modified to require. at a minimum. one of the four listed site desian elements. f. Detail Features. The reauirements of Section 5.05,08 C.8. Detail features are replaced with the followina standards: i. Blank wall areas. Blank. opaque wall areas must not exceed 15 feet in vertical direction or 50 feet in horizontal direction of any primary facade or anv facade facina a residential district. For facades connected to a primary facade. this must apply to a minimum of 25 percent of the attached facade measured from the connection point. Control and expansion ioints within this area constitute blank wall area unless used as a decorative pattern and Page 81 of 156 spaced at intervals of ten feet or less. Relief and reveal work depth must be a minimum of 1/2 inch and may be different than the color of the wall. Q. Roof treatments. The reauirements of Section 5.05.08 C.10. Roof treatments are replaced with the followina standards: i. If parapets are used. the end of the parapet must wrap corners for a minimum distance of 25 percent of the lenath of the facade. measured from the corner. ii. The facades facina arterial or collector road and facades facina residential district must have variations from the dominant roof condition. The roof edae and parapets must have a minimum of one vertical chanae for every 150 lineal feet of the facade lenath. The vertical chanae must be a minimum of ten percent of the buildina heiaht. but no less than three feet. iii. All rooftop-mounted eauipment includina air conditionina units. vents. etc.. must be shielded from view with parapets. louver screens. or similar eauipment screens, h. Materials and Colors. The reauirements of Section 5.05.08 C.13. Materials and colors are applicable with exception of Subsection 5,05.08 C.13.c. Exterior buildina materials. which is replaced with the followina standards: i. Primarv facades. The use of ribbed. corruaated, and reflective metal panels is limited to a maximum of 33 percent of the facade area. ii. Facades attached to a primarv facade. The use of ribbed. corruaated. and reflective metal panels is limited to no more then 33 percent of the wall area for the 25 percent of the overall wall lenath of the facades attached to a primary facade. measured from the corners. i. Special HeiQht ReQuirements. All buildinas over 30 feet in heiaht. measured from the first finished floor to the roof eave. that are located within 300 feet from the arterial or collector street riaht-of- way. must complv with Section 5.05,08 CA. Variation in MassinQ. and Section 5.05.08 C.8. Detail features are applicable to all buildina facades. 7. Industrial/factory buildinas. a. Applicabilitv. All standards listed in Section 5.05.08. are applicable with the followina exceptions. b. BuildinQ Facades. i. Primarv Facade Standards. The reauirements of Section 5.05.08 C.2. Primarv facade standards are replaced with the followina standards. Facades frontina on arterial or collector streets must have two or more of the followina desian features: a) Windows at a minimum of 25 percent of the facade area. b) Proiected or recessed covered public entry providina a minimum of eiaht feet bv eiaht feet cover. and a minimum of 15 percent of the wall area devoted to windows. c) The total lenath of the plantina area must be at least 33 percent of the facade lenath and be distributed alona the facade to reduce the blank wall area. The depth of the plantina area must be a minimum of ten feet. The plant material must be as reauired bv Section 4.06.05. Page 82 of 156 d) Masonry. concrete or tilt-up construction. and 15 percent of the wall area allocated to windows. e) Buildinq heiqht of 40 feet or less. with a buildinq street setback of 200 feet or more. ii. Variation in Massinq. The requirements of Section 5.05.08 CA. Variation in massina applies onlv to the primary facades and to facades facinq residential districts. iii. Proiect Standards. a) The requirements of Section 5.05.08 C.5.c. Buildina de sian treatments are modified to require industrial/factory buildinqs to provide. at the primary facades onlv. a minimum of two of the 17 buildinq desiqn treatments listed under this section. b) The requirements of Section 5.05.08 C.5.d. Site de sian elements are modified to require at least one of the four listed site desiqn elements. c. Detail Features. The requirements of Section 5.05.08 C.8. Detail features are replaced with the followinq standards: i. Blank. opaque wall areas must not exceed 15 feet in vertical direction or 50 feet in horizontal direction of any primary facade and any facade facinq a residential district. ii. For facades connected to a primary facade. the blank wall standards applies to a minimum of 25 percent of the attached facade. measured from the connection point. iii. Control and expansion ioints within the facade area constitute blank wall area unless used as a decorative pattern. and must be spaced at interyals of ten feet or less. Relief and reveal work depth must be a minimum of 1/2 inch and may be different than the color of the wall. d. Roof treatments. The requirements of Section 5.05.08 C,10. Roof treatments are replaced with the followinq standards: i. If parapets are used. the end of the parapet must wrap corners for a minimum distance of 25 percent of the lenqth of the facade. measured from the corner. ii. Facades facinq arterial or collector roads and facades facina residential districts must have vertical chanqes from the dominant roof condition. The roof edqe and parapets must have a minimum of one vertical chanae for every 150 lineal feet of the facade lenqth. The vertical chanae shall be a minimum of ten percent of the buildinq heiqht. but no less than three feet. iii. All rooftop-mounted equipment includinq air conditioninq units. vents. etc.. must be shielded from view with parapets. louver screens. or similar equipment screens. e. Materials and Colors. The requirements of Section 5.05.08 C.13. Materials and colors are applicable with exception of Subsection 5.05.08 C.13.c. Exterior buildina materials. which is replaced with the followinq standard: i. Primary facades. The use of ribbed. corruqated. and reflective metal panels is limited to a maximum of 33 percent of the facade area. ii. Facades attached to a orimary facade. For 25 percent of the overall wall lenath of facades attached to a primary facade. measured from the corners. the use of ribbed. corruaated. and Page 83 of 156 reflective metal panels is limited to no more then 33 percent of the wall area. f. Soecial Heiaht Reauirements. All buildinas over 30 feet in heiaht measured from the first finished floor to the roof eave that are located within 300 feet from the arterial or collector street riqht-of-wav must meet the Section 5.05.08 CA. Variation in Massina. and Section 5.05.08 C.8. Detail features are applicable to all buildinq facades. 8. Parkinq structures. All standards listed in Section 5.05.08. are applicable unless otherwise specified below. a, Primary facades. The requirements of Section 5.05.08 C.2.Primarv facade standards are replaced with the followinq standards: i. All exposed facades of anv parkina structure above the second floor are considered primary facades. ii. A minimum of 60 percent of the area of anv primary facade of a parkina structure or covered parkina facilitv must incorporate at least two of the followinq: a) Transparent windows. with clear or liahtlv tinted alass. where pedestrian oriented businesses are located alona the facade of the parkinq structure. b) Displav windows. c) Decorative qrill work or similar detailina which provides texture and screens the parkinq structure openinas. d) Art or architectural treatment such as sculpture. mosaic. qlass block. opaque art alass. relief work or similar features. or e) Vertical trellis or plant material screeninq the openinas. b. Buildina foundation olantina. The perimeter of a parkina structure at arade must meet the buildina foundation plantina requirements of Section 4.06.05. of this Code, c, Massina standards. The requirements of Section 5,05,08 CA. Variation in massina are applicable. with the followinq exception: i. If the ramps and inclines are on an exposed facade and thev exceed the maximum lenqth or uninterrupted curve. a proiection or recess must occur at the start and end but not required at the ramp/incline. d. Wall Plan Chanaes, The requirements of Section 5.05,08 CA.b. are applicable with the followina exception: i. If the ramps and inclines are on an exposed facade and thev exceed the maximum horizontallenath. a wall plane proiection or recess must occur at the start and end but not required at the ramp/incline. e. Detail features. The facade area within 42 inches above each floor/deck shall not be open more than 50 percent. except at openinas for vehicle or pedestrian access. 9. Outside plav structures. a. Maximum coveraae. Outside play structures must not cover more than 50 percent of the facade area. b. Location. No portion of any play structure. located between the front buildinq line and any adiacent riaht-of-way. may exceed a heiqht of 12 feet as measured from existina around elevation. In all other cases. Page 84 of 156 no portion of any plav structure may exceed a maximum heiaht of 16 feet as measured from existina around elevation. c. Colors. Plav structures must be limited to earth tone colors. with a maximum of three colors. E. Site Desian Standards. Compliance with the standards set forth in this section must be demonstrated bv submittal of architectural drawinas and a site development plan in accordance with Section 10.02.03 Site Deve/ooment Plans of this Code. 1, Off street parkina desian. As provided for in Section 4.05.00. and subject to the followina provisions: a. PUrDose and intent. Commercial buildinas and proiects. includina their outparcels shall be desianed to provide safe. convenient. and efficient access for pedestrians and vehicles. Parkina shall be desianed in a consistent and coordinated manner for the entire site. The parkina area shall be intearated and desianed so as to enhance the visual appearance of the community. b. DesiGn standards. Parkina. utilizina the same dearee of ana Ie. shall be developed throuahout the site to provide efficient and safe traffic and pedestrian circulation, A sinale bay of parkina provided alona the perimeter of the site may vary in desian in order to maximize the number of spaces provided on-site, The mixture of one-way and two- way parkina aisles. or different dearees of ana led parkina within any parkina area is prohibited. except as noted above. or where individual parkina areas are phvsicallv separated from one another bv a continuous landscape buffer. a minimum five feet in width with limited access. Landscape buffers for these locations shall use landscape material other than arass for separation of parkina areas. i. Maximum oarkinG: Parkina in excess bv 20 percent of the minimum parkina reauirements shall provide additional landscapina as described in section 4.05.04 of this Code. ii. ParkinG for oroiects. Proiects shall be desianed to adhere to the followina standards: a) Interior lots. No more than 50 percent of the off-street parkina for the entire commercial buildina or project shall be located between any primary facade of the commercial buildina or project and the abuttina street or naviaable waterway. b) Corner lots. No more than 80 percent of the off-street parkina for the entire commercial buildina or proiect shall be located between any primary facade of the commercial buildina or proiect and the abuttina street or naviaable waterway area. with no sinale side to contain more than 65 percent of the reauired parkina. 2. Pedestrian pathways. a. Puroose and intent. To provide safe opportunities for alternative modes of transportation bv connectina with existina and future pedestrian and bicvcle pathways within the county and to provide safe passaae from the public riaht-of-wav to the buildina or project which includes the area between the parkina areas and the buildina perimeter walk. and between alternative modes of transportation. The on-site pedestrian system must provide adeauate directness. continuity. street and drive aisle crossinas. visible interest and security as defined bv the standards in this Section. b. Pedestrian access standards, Pathways and crosswalks must be provided as to separate pedestrian traffic from vehicular traffic while travelina from the parkina space to buildina entries and from buildina Page 85 of 156 entries to outparcels and pathways alona adiacent roadways. Pedestrians will only share pavement with vehicular traffic in marked crosswalks. c. Minimum ratios. Pedestrian pathway connections must be provided from the buildina to adiacent road pathways at a ratio of one for each vehicular entrance to a proiect. Drive aisles leadina to main entrances must have at least a walkway on one side of the drive isle. d. Minimum dimensions. Pedestrian pathways must be a minimum of six feet wide. e. Materials. Pedestrian pathways must be consistent with the provisions of Section 4.5. of the Americans with Disabilities Act (ADA). Accessibility Guidelines. Materials may include specialty pavers. concrete. colored concrete. or stamped pattern concrete. f. Buildina oerimeter oath. A minimum 6-feet wide buildina perimeter path is reauired as specified below: i. A continuous buildina perimeter path interconnectina all entrances and exits of a buildina is reauired. Emeraency "exits-only" are excluded. ii. If parkina area is proposed alona the buildina facade within 15 feet from a buildina wall. a buildina perimeter path must be provided alona the full lenath of the row of parkina spaces facina the buildina. a. Pedestrian crosswalks. Standard crosswalks must be installed at stop- controlled-crossinas. Uncontrolled crossinas must be hiah visibility lonaitudinal lines as shown in the Florida Department of Transportation Roadway and Traffic Desian Standards. h. Shade and site amenities. i. Pedestrian pathways must provide intermittent shaded areas when the walkway exceeds 50 linear feet in lenath at a minimum ratio of one shade canopy tree per every 50 linear feet of walkway. The reauired shade trees must be located no more than ten feet from edae of the sidewalk. ii. Development plans must include site amenities that enhance safety and convenience and promote walkina or bicyclina as an alternative means of transportation. Site amenities may include bike racks (as reauired by Section 4.05.08 of this Code), drinkina fountains. canopies and benches. 3. Service function areas and facilities. Service function areas include, but are not limited to: loadina areas and docks. outdoor storaae, vehicle storaae excludina car display areas, trash collection areas, trash compaction and recyclina areas. roof top eauipment. utility meters. antennas. mechanical and any other outdoor eauipment and buildina services supportina the main use or operation of the property. a. Pumose and intent. To diminish the visual and acoustic impacts of service functions that may detract from. or have a neaative impact on. the surroundina properties and the overall community imaae. b. Bufferina and screenina standards. Service function areas must be located and screened so that the visual and acoustic impacts of these functions are fully contained and screened from adiacent properties. includina public and private streets, c. Screenina material and desian standards. Screenina materials. colors and desian must be consistent with desian treatment of the primary facades of the buildina or proiect and the landscape plan. Page 86 of 156 d. Trash enclosures. For the location. size. and desian standards for trash enclosures. see section 5.03.04 DumDsters. e. Loadina areas and docks. Vehicle loadina areas must be screened from streets and adiacent residential districts. Screenina must consist of wina walls. shrubs. trees. berms. or combination thereof. f. Conduits. meters and vents and other eauipment attached to the buildina or protrudina from the roof must be screened or painted to match surroundina buildina surfaces. Conduits and meters cannot be located on the primary facade of the buildina, a. All mottoD mechanical eauiDment protrudina from the roof must be screened from public view by intearatina it into a buildina and roof desian. h. Outdoor vendina machines must be located so that they are not visible from adjacent properties and streets. 4. Fencina standards. For restrictions on fence material. fence heiaht. and desian. see Section 5.03.02. Fences and Walls. 5. Drive-throuah facilities standards. a. Drive-thmuah facilities location and bufferina standards. Drive- throuah facilities must be secondary in emphasis and priority aiven to any other access and circulation functions. Such facilities must be located at side or rear locations that do not interrupt direct pedestrian access and avoid potential pedestrian/vehicle conflict. If site constraints limit the location of the drive throuah facility to the area between the riaht-of-way and associated buildina. the veaetation reauired by a Type "B" landscape buffer must be installed within the buffer width reauired for the project and maintained alona the entire lenath of the drive-throuah lane and adjacent riaht-of-way. In addition to the veaetative buffer referenced above. a permanent. covered. porte-cochere or similar structure. (canvas awnina and canopies are excluded). must be installed extendina the width of the drive-throuah with the roof coverina the service window(s). Such structure shall be an intearal part of the desian of the buildina. b. Reauired floor area. One drive-throuah facility is permitted per tenant. Buildinas must be a minimum of 1.000 sauare feet. For multi-tenant buildinas. an additional drive-throuah is allowed for each tenant with a minimum of 5.000 sauare feet of aross floor area. Drive-throuah facilities may have multiple drive lanes, 6. Liahtina. a. PurDose and intent. All buildina sites and projects. includina outparcels. shall be desianed to provide safe. convenient. and efficient liahtina for pedestrians and vehicles. Liahtina must be desianed in a consistent and coordinated manner for the entire site. The liahtina and liahtina fixtures must be intearated and desianed so as to enhance the visual impact of the proiect on the community and blend with the landscape. b. Shieldina standards. Liahtina must be desianed 50 as to prevent direct alare. liaht spillaae and hazardous interference with automotive and pedestrian traffic on adioinina streets and all adjacent properties, Liaht sources must be concealed or shielded. heiaht standards. Liahtina fixtures within the parkina lot must be a maximum of 25 feet in heiaht. and 15 feet in heiaht for the non- vehicular pedestrian areas. d. Desian standards. Liahtina must be used to provide safety while accentina key architectural elements and to emphasize landscape Page 87 of 156 features. Liaht fixtures must complement the desian of the proiect. This can be accomplished throuah style. material or color. e. Illumination. Backaround spaces. such as parkina lots. shall be illuminated as unobtrusively as possible to meet the functional needs of safe circulation and of protectina people and property. Forearound spaces. includina buildina entrances and plaza seatina areas. must utilize localliahtina that defines the space without alare. 7. Water manaaement areas. For desian standards for water manaaement areas, includina location and the reauired amenities. see Section 4.06.02 D. of this Code. F. Deviations and Alternate Compliance. The followina alternative compliance process is established to allow deviations from the reauirements of this Section as approved by the County Manaaer or his desianee. 1. Review and approval procedure. Upon reauest by the applicant. the County Manaaer or his desianee may administratively approve a Site and Development Plan application that includes an alternative architectural desian and site development plan that may be substituted in whole or in part for a plan meetina the standards of Section 5.05.08, Approved deviations are allowed only as to the specific desian and plan reviewed. Any modification to an approved desian shall necessitate re-review and approval bY the County Manaaer or his desianee. 2. Review criteria. In approvina an alternative plan. the County Manaaer or his desianee must find that the proposed alternative plan accomplishes the purpose and intent of this Section in the same manner as the provisions would. If the plan is approved throuah this provision. the Site Development Plan approval letter shall specifically note the deviations and the basis for their approval. 3. Submittal reauirements. In addition to the base submittal reauirements. applicants must provide the followina: a. Architectural desian plan and/or site development plan clearly labeled as an "Alternative Architectural Desian Standards Plan". This plan must identify the section numbers from this Section from which the deviation is beina reauested. b. A narrative statement that specifically identifies all standards of Section 5.05.08 from which the deviations are reauested. and the justification for the reauest. This statement must include a description of how the alternative plan accomplishes the purpose and intent of this Section. without specifically complyina with those standards identified. 4. Applicabilitv. a. The followina types of buildinas and uses aualify for an administrative determination of deviations from Section 5.05.08. development standards: i. Assembly. ii. Educational. iii, Institutional. iv. Mixed use buildinas (such as commercial/residential/office), and v. Any other non-commercial buildina. or use. that is not listed under Section 5.05.08 D. Desian standards for specific buildina types of this Section. and due to its function. has specific reauirements makina meetina Section 5.05.08. standards unfeasible. Page 88 of 156 vi. BuildinQs located on property with a commercial zoning desiqnation when submitted for Site Development Plan review on or after November 10, 2004, except for the followinQ: a) Buildinqs located on outparcels, freestandinQ (non-attached multiple or individual) buildinqs located on property with a PUD zoninq desiqnation, and multiple buildinqs developed under a unified, common development plan (such as a shoppinq center). b) Buildings with a gross building area of 10,000 square feet or more on the qround floor. c) Multi-story buildinqs with a total qross buildinq area of 20,000 square feet or more. d) Project sites with more than one building where the aQQregate qross buildinq area is 20,000 square feet or more. Individual buildinQs within a project site that have been previously qranted deviations where additional development causes an aggreqation of building area 20,000 square feet or qreater, must brinq existinq buildinqs UP to the requirements of 5.05.08. b. The deviation process is also applicable to the specific reauirements listed under the followina sections: i. Section 5.05.08 B.3. Renovations and redevelopment. ii. Section 5.05,08 B.4. Abandonment or discontinuance of use. iii. Sections 5.05.08 D.2.d. for Self-storaqe buildings. 5. Appeal and Assistance procedure. a. The County Manaqer or his designee may request the assistance of the Architectural Arbitration Board in renderinq a decision. The applicant may appeal the decision of the County Manaqer or his desiqnee to the same Board by makinq a written reauest to the County's Architect. i. The Architectural Arbitration Board shall consist of 5 votinq members comprised of the followinq: two representatives from the Collier County Zonina staff; two representatives appointed by the American Institute of Architects (Southwest Florida Chapter) and one member appointed by the American Society of Landscape Architects (Southwest Florida Chapter). b. The Architectural Arbitration Board shall take one of the followinq actions by majority vote: i. Approve as proposed; ii. Approve as proposed with conditions; iii. Deny as proposed; or iv. Continue the review to another meetina for further deliberation. c, Within 5 workinq days following the Architectural Arbitration Board meetina, the County Manaqer or his desiqnee shall approve or deny the project's deviation from the architectural design standards of Section 5.05.08, as recommended by the Architectural Arbitration Board. d, Should the applicant or staff request a decision by conveninq an Architectural Arbitration meetinq, then the review of the Site Development Plan will be placed on hold upon receipt of the written Page 89 of 156 re uest b the Count's Architect. Should the Count Mana er or his desi nee re uest the assistance of the Architectural Arbitration Board, then review of the Site Development Plan will be placed or! hold at staff discretion. Once a final decision bv the Board is reached, review of the Site Plan shall resume. G. Exceptions, 1. Exce tions to the rovisions of this code ma be ranted b the Board of Count Commissioners in the form of a PUD zonin district where it can be demonstrated that such exceptions are necessary to allow for innovative desian while varyina from one or more of the provisions of thi~ Section, nonetheless are deemed to meet the overall purpose and intent set forth herein. In the case of individual proiects subiect to Section 5.05.08 standards. where site specific factors may impact the abilitv to meet these standards. variance from one or more of the provisions of this Section may be reauested pursuant to the procedures set forth in Section 9.04.00 Variances of this code. SUBSECTION 3.U. AMENDMENTS TO SECTION 5.06.00 SIGNS Development Code, is hereby amended to read as follows: Section 5.06.00 Signs, of Ordinance 04-41, as amended, the Collier County Land 5.06.00 SIGNS 5.06.01 Generally * * * * * * * * * * * B, Sianaae Table Page 90 of 156 z ..... 0 ->- ctI ('0. 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NINI NI NI NI ......INI NI......I "0 c: :J ro e "0 $; <.9 c:= :J ro e$; c: c: "0 "0 <.9, 0 0 c: c: ~I ~I ~I :¡::¡ :¡::¡ :J :J , Q) 19 ro e e - () - Q) .... (j) (j) <.9 <.9 e ro Q) Q) ro_ () () _ :J .~ .~ :JO Q) Q) 0 (j) (j) .8 0 - :J :J « « 5.06.02 5.06.04 Permitted Signs A. Signs within residential zoned districts and as applicable to residential designated portions of PUD zoned properties. * * * * * * * * * * * 3. Model home signs. One on-premises sign for model homes, approved in conjunction with a temporary use permit in any zoning district not to exceed 8 feet in heiaht and 32 square feet in size. Model home sign copy shall be limited to the model name, builder's name, name and address, phone number, price, logo, and model home. Model home signs shall not be illuminated in any manner. (No building permit required.) 4, Construction signs. All supports for such signs shall be securely built, constructed, and erected and shall be located on the site under construction, subject to the following: e. Advertisina of any kind is not permitted on construction sians, * * * * * * * * * * * 6. On-premises signs within residential districts. Two ground signs with a maximum height of eight feet or wall residential entrance or gate signs may be located at each entrance to a multi-family, single-family, mobile home or recreational vehicle park subject to the following requirements: a. Such signs shall contain only the name of the subdivision, the insignia or motto of the development and shall not contain promotional or sales material. Said signs shall maintain a ten-foot setback from any property line unless placed on a fence or wall subject to the restriction set forth in section 5.03.02. Furthermore, bridge signs located on private bridges directly leading to private communities shall not be considered off-premise signs. Bridge signs complying with the requirements of section 5.06.04 5.06.02 may be substituted for ground or wall signs in residential districts. * * * * * * * * * * * B. Signs within non-residential districts: 1. Design criteria and unified sign plan. Where multiple on-premise signs are proposed for a single site or project, or in the case of a shopping center or multi-use building, a unified sign plan shall be employed. An application for site development or site improvement plan approval shall be accompanied by a graphic and narrative representation of the unified sign plan to be utilized on the site. The unified sign plan must be applied for by the property owner, or his or her authorized agent. The unified sign plan may be amended and resubmitted for approval to reflect style changes or changing tenant needs. Design elements which shall be addressed in both graphic and narrative form include: a. Colors; b. Construction materials and method; c. Architectural design; d. Illumination method; e. Copy style; Page 93 of 156 f. Sign type(s) and location(s); and, conformance with the following: g. No 'Nail sign Ghall oxcood 80 poroent of tho width of tho unit(s) or tho tn:Jilding occupiod by a businoss with a minimum of ton porcont oloar aroa on oach outor odgo of the unit(s) or tho building; h. /\11 wall signs for multi uso bl:lilElings shall bo locatod at 3 consistent location on tho bl:lilding facade, excopt th3t anchor tenants may vary from this locational roquiremont in scalo with the 3nchor's tonant's largor primary tacaEle dimensions. All signs shall 3dhoro to tho dimonsions providod for in tho unified sign plan; and i. Polo signs shall provido a polo covor no 10SG than 50 percont of tho ·....idth of tho sign, with architectural dosign features including colors and/or matori3ls common to thoso usod in tho dosign of tho builEling tho sign is 3CCOSSOry to. .^. minimum 100 squ3re foot planting aroa sh311 bo provided around the base of any ground or polo sign, consistont with tho provisions of this soction of this Codo. Þ 1. The around or Dole sign shall not be in the shape of a logo and the logo shall not protrude from the sign. k-:- ii. The use of fluorescent colors is prohibited. I. Outparsels In addition to tho abovo requiremonts, signs for el:ltparcels, regard loss of the sizo of tho outparcel, sh311 bo limited to tho following: i. In 3ddition to any ".'all signs permittod by this Codo, ol:ltparcels may by allo'....od one 3dditional sixty squaro foot wall sign facing tho shopping center if tho additional sign is not orionted to'N3rds 3ny public right et way. In no C3S0 shall tho number of 'Nail signs for an outparGel oxcood two signs; aAG, ii. /\ single ground sign for ol:ltparcels h3ving 3 frontage of 150 foot or more, not to oxcood 60 square foot. Ground signs shall bo limitod to oight feet in height. 5.06.03 5.06.05 Development Standards for Signs A. Development standards. 1.· Maximum 3110'Noblo hoight. All polo or ground signs within nonrosidonti31 zonod districts 3nd 3S 3pplic3ble to nonrosidontial dosign3tod portions of PUD zonod proportios aro limited to a maximum hoight of 15 feet whon locatod along 3n arterial or oollector roadway 3nd 12 foot for all other roads, oxcopt as providod in this Codo for polo or ground signs for automobile service stations 3nd outparcels which are limitod to a m3ximum hoight of oight foot; tho maximum hoight for directory signs is limitod to 20 feet. Height shall bo mem;urod from tho lowost contorlino graEle of tho noarost public or privato R.O.V\'. or easement to tho uppormost portion of tho sign strl:lctl:lre. 2. Minimum setback. All pole or ground signs within nonrosidontial zonod districts and as applicablo to nonrosidonti31 dosignatod portions of PUD zonod proporties shall not bo locatod closer than ten feet from the proporty lino. Diroctory signs shall not bo closor than 15 foot from tho proporty lino, unless othorvviso notod bolo'.\' or as providod for in soction 1.0<1.0<1 C. ð. Maximum allow3ble sign aroa: 80 square foot for polo or ground signs loc3ted along an artorial or Gollester read'Nay and 60 square foot for 311 othor roads, 60 square foot for outparcels 3nd al:ltomebile service Page 94 of 156 statioRs and 150 Gquaro foot for direotory signs. 4. The looation of ::111 pormanont polo, ground and dirootory signs shall bo shov:n on the landscape plans as roquirod by Gootion 1,06.05. á.,..1. The maximum size limitation shall apply to each structure. Pole or ground signs may be placed back to back or in V-type construction with not more than one display on each facing for a maximum of two display areas for each V-type sign, and such sign structure shall be considered as one sign. €h 2. Spot or floodlights shall be permitted only where such spot or floodlight is non-revolving and said light shines only on the owner's premises or signs and away from any right-of-way. 3. Official Address Numbers and! or the ranae of Official Address Numbers shall be posted within the upper third portion of the sian face or in the area defined in this section of the Land Development Code of Commercial and residential sianaae that utilizes the followina sian types: pole sian. around sian. and directory sians. Address numbers on sians shall be a minimum heiaht of eiaht (8) inches. 5.06.04 5.06.06 Sign Standards for Specific Situations * * * * * * * * * * * C, On-premise signs. On-premise pole signs, ground signs, projecting signs, wall signs, and mansard signs shall be allowed in all nonresidentially zoned districts subject to the restrictions below: 1. Pole or ground signs. Single-occupancy parcels, shopping centers, office complexes, business parks, or industrial parks having frontage of 150 feet or more on a public street, or combined public street frontage of 220 linear feet or more for corner lots, shall be permitted one pole or ground sign. Additional pole or ground signs may be permitted provided that there is a minimum of a 1,OOO-foot separation between such signs, and all setback requirements are met. In no case shall the number of pole or ground signs exceed two per street frontage. In addition, multiplo occupancy parGels Guoh aE shopping senters, offioo comploxoG, bUGinosG parkE, or industrial parkE oontaining 25,000 Gquaro foot or moro of groGs loasablo floor area, and eight or more indopondont businossos will bo pormittod one diroctory sign for a single ontranco on oaoh public street. Whon a dirootory sigR is proposod thon pole or ground sigRs Ghall bo limited to tho namo and logo of tho oomplox and shall not oontain namo of any tonant. Tho diroctory sign shall oontain a minimum of four and a maximum of oight tonant namOG. Tho namo of businossos looatod on Ðl:JtparGels shall not appear of directory signs. a. Maximum allowable heiaht. All pole or around sians within nonresidential zoned districts and as applicable to nonresidential desianated portions of PUD zoned properties are limited to a maximum heiaht of 15 feet when located alona an arterial or collector roadway and 12 feet for all other roads. except as provided in this Code for pole or around. Heiaht shall be measured from the lowest centerline arade of the nearest public or private R.O.W. or easement to the uppermost portion of the sian structure. b. Minimum setback, All pole or around sians within nonresidential zoned districts and as applicable to nonresidential desianated portions of PUD zoned properties shall not be located closer than ten feet from the property line. c. Maximum allowable sian area: 80 sauare feet for pole or around sians located alona an arterial or collector roadway and 60 sauare feet for all other roads. Page 95 of 156 d. The location of all permanent pole. around sians shall be shown on the landscape plans as reauired bv section 4.06.05. e. Pole sians shall provide a pole cover no less than 50 percent of the width of the sian. with architectural desian features includina colors and/or materials common to those used in the desian of the buildina the sian is accessory to. A minimum 100 sauare foot plantina area shall be provided around the base of any around or pole sian. consistent with the provisions of this section of this Code. development of landscapina shall be approved bv the County consistent with Section 4.06.03 A. of the LDC. a:- 1. Ground signs for smaller lots. Single-occupancy parcels, shopping centers, office complexes, business parks, and industrial parks may be issued a sign permit for one ground sign provided that the following minimum requirements are met, as applicable: * * * * * * * * * * * Ð,. 9..:. The minimum setback requirement may be administratively reduced by a maximum of ten feet by the County Manager or his designee upon submission of the administrative variance fee and a written request. However in no case shall the required setback be reduced to less than five feet. The County Manager or his designee's decision to reduce the required setback shall be based on the following: * * * * * * * * * * * 2. OutDarcels. In addition to the above reauirements. sians for outDarcels. reaardless of the size of the outDarcel. shall be limited to the followina: a. In addition to any wall sians permitted bv this Code. outDarcels may bv allowed one additional sixty sauare foot wall sian facina the shoDDina center if the additional sian is not oriented towards any public riaht-of-wav. In no case shall the number of wall sians for an outDarcel exceed two sians: and. b. A sinale around sian for outDarcels havina a frontaae of 150 feet or more. not to exceed 60 sauare feet. Ground sians shall be limited to eiaht feet in heiaht. 3. Directory Sians. Multiple-occupancv Darcels such as shoDDina centers. office complexes. business parks. or industrial parks containina 25.000 sauare feet or more of aross leasable floor area. and eiaht or more independent businesses will be permitted one directory sian for a sinale entrance on each public street. When a directory sian is proposed then pole or around sians shall be limited to the name and loao of the complex and shall not contain name of any tenant. The directory sian shall contain a minimum of four and a maximum of eiaht tenant names. The name of businesses located on outDarcels shall not appear of directory sians. a. The maximum heiaht for directory sians is limited to 20 feet. Heiaht shall be measured from the lowest centerline arade of the nearest public or private R.O.W. or easement to the uppermost portion of the sian structure. b. Directory sians shall not be closer than 15 feet from the property line. unless otherwise noted below or as provided for in section 1.04.04 C. c. Maximum allowable sian area: 150 sauare feet for Directory sians. d. A minimum 100 sauare foot plantina area shall be provided around Page 96 of 156 the base of any Directory SIGN. consistent with the provisions of this section of this Code. development of landscapinQ shall be approved bv the County consistent with Section 4.06.03 A. of the LDC. e. The location of all permanent directory sians shall be shown on the landscape plans as required bv section 4.06.05. ~ 4. Wall, mansard, canopy or awning signs. One wall, mansard, canopy or awning sign shall be permitted for each single-occupancy parcel, or for each establishment in a multiple-occupancy parcel. End units within shopping centers, multiple-occupancv Parcels. or single occupancy parcels where there is double frontage on a public right-of-way, shall be allowed two signs, but such signs shall not be placed on one wall. Retail businesses with a floor area of larger than 25,000 square feet and a front wall length of more than 200 linear feet, are allowed three wall signs; however, the combined area of those signs shall not exceed the maximum allowable display area for signs by this Code. a. The maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visual facade of the building to which the sign will be attached and shall not, in any case, exceed 150 square feet for buildings or units up to 24,999 square feet, 200 square feet for buildings or units between 25,000 and 59,999 square feet and 250 square feet for buildings over 60,000 square feet in area. b. No wall sian shall exceed 80 percent of the width of the unit(s) or the buildina occupied bv a business with a minimum of ten percent clear area on each outer edQe of the unites) or the buildina: and c. All wall sians for multi-use buildinas shall be located at a consistent location on the buildina facade. except that anchor tenants may vary from this locational requirement in scale with the anchor's tenant's larQer primary facade dimensions. All sians shall adhere to the dimensions provided for in the unified sian plan. 5. Menu Boards: One menu board with a maximum heiaht of 6 ft and 64 square feet of COpy area per drive thru lane. ~ 6. Projecting signs. Projecting signs may be substituted for wall or mansard signs provided that the display area of the projecting sign shall not exceed 60 square feet of display area. * * * * * * * * * * * 4:- L Under-canopy signs. In addition to any other sign allowed by this Code, one under-canopy sign shall be allowed for each establishment in a shopping center. This sign shall not exceed six square feet in area and shall be a minimum of eight feet above finished grade. Under canopy signs do not require a building permit unless the sign is equipped with an electrical component. á,.!h Signage for automobile service stations, The following are the only signs allowed in automobile service stations and convenience stores with gas pumps. a. Window signs: As allowed in soction 5.06.03 this section of tAf6 the Code. b. An illuminated corporate logo with a maximum area of 12 square feet shall be allowed on a canopy face which is adjacent to a dedicated street or highway. Otherwise, accent lighting, back lighting and accent striping are prohibited on canopy structures. c. Color accent bandinQ on Qasoline canopy structures and all other Page 97 of 156 structures is prohibited. Canopies shall be of one color. consistent with the predominant color of the principle structure. if applicable. The color of all structures on site shall be soft earth tones or pastels. G-: d. One ground sign shall be permitted for each site and shall be placed within a 200 square foot landscaped area. Height is limited so that the top edge of the sign face is less than eight feet above grade. Maximum permitted area 60 square feet. 4 e. Signage, logos, advertising and information are prohibited above gas pumps. Er. 1.. Wall signs: As allowed in paragraph 2. section 5.06.04 CA. above of this Code. 1.. g. Signs: As allowed in section 5.06.03 this section of t.Ais the Code. ê,. 9, Signs within planned unit developments (PUDs). Pursuant to the purpose and intent of this division, creative, flexible and uniform comprehensive sign plans providing for size, location, type, and common architectural design standards, are encouraged within all PUD zoning districts, and specifically required for PUDs containing in a commercial component. Sign classes and sizes for planned unit developments should be the same as the standards found within this Code for the zoning district the development most closely resembles, unless such planned unit developments have comprehensive sign standards contained in the PUD document. ~ 10. Flags. Residential properties that have been issued a certificate of occupancy may display up to three non-commercial flags. Throo non commoroial flag!:: may bo di!::played at the entrance of a oommoroial, offioo, indu!::trial or residential development. Where these developments have multiple entrances, any entrance may have up to three flags each, provided: the development is at least ten acres in size, any entrance with flags is providing ingress/egress only off a roadway that is designated a collector or arterial in the traffic element of the growth management plan, and all entrances with flags are at least 300 feet apart, Four additional flags may be displayed within a development provided the flags are not visible to motorists along any frontage roadways. The four internally displayed flags may be increased by up to eight additional flags for maximum total of 12 flags with the amount of the proposed increase to be determined by the County Manager or his designee, provided: all proposed flags would not be visible to motorists along any frontage roadways and the County Manager or his designee determines that the display of the extra flags is essential to the theme and design of the development. * * * * * * * * * * * d. All flaqpoles that are permitted must display their permit number at the base of the flaqpole in minimum ~ inch numerals. & 11.:. Temporary signs. The erection of any temporary sign shall require permitting as established within section 10.02.06 G. unless otherwise indicated herein. Applicants for temporary sign permits shall pay the minimum fee established for said permit. Temporary signs shall be allowed subject to the restrictions imposed by this section and other relevant parts of this Code. * * * * * * * * * * * e. Holidav decorations. Seasonal decorations will be aranted a permit for a period of 30 days prior to the holiday they are celebratina and will be removed no later than 15 days after the holiday. g..,. 12. Special purpose signs (on-site). Due to the unique and varied Page 98 of 156 nature of the following uses, additional signs may be required to provide the desired level of service to the public. Special purpose signs shall be permitted as follows: * * * * * * * * * * * b. Barber Pole signs. All traditional size (not more than 54 inches in height and not more than 6 inches in diameter) and style barber poles which contain any illuminated moving or rotating part may be permitted as a lawful sign if the following and all other applicable requirements are met: * * * * * * * * * * * iv, All barber pole signs that illuminate, whether or not they rotate, otherwise comply with sec. 5.06.06 ~C.16, for illuminated signs. 4.(h 13. Commercial, business park and industrial directional or identification signs. Directional or identification signs no greater than six square feet in size, four feet in height, and located internal to the subdivision or development and with a minimum setback of ten feet, may be allowed subject to the approval of the County Manager or his designee, or his designee. Such sign shall only be used to identify the location or direction of approved uses such as sales centers, information centers, or the individual components of the development. Directional or identification signs maintaining a common architectural theme may be combined into a single sign not to exceed six feet in height and 64 square feet in area. Such signs shall require a building permit. For signage to be located along the Golden Gate Parkway, see sections 2.04.03, 2.03.05 and 2.03.07 and the Golden Gate Master Plan. Logos shall not occupy more than 20 percent of the directional sign area when the said sign is more than six square feet in area. Directional signs are also subject to restrictions of section 5.06.02 5.06.05 of this Code. 44-:- 14. On-premise signs within agricultural districts in the rural agricultural area designated on the future land use map of the growth management plan. On-premises signs shall be permitted within agriculturally zoned or used property, for agri-commercial uses defined within the Collier County zoning ordinance only, and subject to the following restrictions: * * * * * * * * * * * ..:t-6 15. Off-premises directional signs. Off-premises directional signs are permitted subject to review and approval of the design and location of such signs by the County Manager or his designee, or his designee, if the following requirements are met: * * * * * * * * * * * ~ 16, Illuminated signs. All illuminated signs shall have electrical components, connections, and installations that conform to the National Electrical Code, and all other applicable federal, state, and local codes and regulations. Further, lighted signs shall: be shielded in such a manner as to produce no glare, hazard or nuisance to motorists or occupants of adjacent properties; nor be reflective or phosphorescent; have a steady nonfluctuating or non undulating light source. 5.06.05 5.06.02 Signs Exempt from These Regulations * * * * * * * * * * * B. On-premises directional signs, not exceeding six square feet in area and four feet in height, intended to facilitate the movement of pedestrians and vehicles within the site upon which such signs are posted. On-premises Page 99 of 156 directional signs shall be limited to two at each vehicle access point and a maximum of four internal to the development. Internal signs are not intended to be readily visible from the road. Directional signs are also subject to restrictions of section 5.06.06 (C)(10) 5.06,04 C.13. of this Code. * * * * * * * * * * * O. Flags, or insignias of governmental, religious, charitable, fraternal or other nonprofit organizations when displayed on property owned by or leased to said organization. Non-commercial flags that will be flown on a flagpole that does not exceed 15 feet in height above finished grade or extend more than ten feet from any building they are attached to, are allowable if the number of flags displayed does not exceed those described in this section and the flagpoles do not require a certified design or be sealed by a Florida registered engineer as described in this section 5.06.02 5.06.05, P. Advertising and identifying signs located on taxicabs, buses, trailers, trucks, or vehicle bumpers, provided such sign does not violate section 5.06.03 5.06.06 of this Code. * * * * * * * * * * * W. Internal directory sians for institutional or qovernmental facilities that cannot be seen from abuttinq riqht of wav. Each siqn shall be no hiaher than 6 feet in heiaht or larqer than 64 sauare feet. 5.06.06 5.06.03 Prohibited Signs It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, any sign not expressly authorized by, or exempted from this Code. The following signs are expressly prohibited: * * * * * * * * * * * C. Animated or activated signs, except special purpose time and temperature signs and barber pole signs complying with section 5.06.06 ~ 5.06.04 C.12,b. D. Flashing signs or electronic reader boards. E. Rotating signs or displays, except barber pole signs complying with section 5,06.06 C.9.b. 5.06.04 C,12.b, * * * * * * * * * * * P. Any sign which is located adjacent to a county right-of-way within the unincorporated areas of the county which sign was erected, operated or maintained without the permit required by section 10.02.06 having been issued by the County Manager or his designee shall be removed as provided in this section 5.06.03 5.06.06. Such signs shall include but are not limited to structural signs, freestanding signs, [and] signs attached or affixed to structures or other objects. * * * * * * * * * * * DD. Illuminated signs, neon or otherwise, installed inside businesses and intended to be seen from the outside. Signs that comply with the provisions of section 5.06,02 5.06.05 (V) of this Code are exempt from this section. EE. Human Directional Sians. People in costumes advertisinq stores or products FF, Attachments to sians. such as balloons and streamers. GG. Banner Siqns HH. Pennants II. Bench Sians Page 100 of 156 JJ, Sians that due to brilliance of the liaht beina emitted. it impairs vision of passina motorist. KK. éÉ-:- All signs expressly prohibited by this section and their supporting structures, shall be removed within 30 days of notification that the sign is prohibited by the Collior County Codo Enforoomont Dirootor, Countv Manaaer or his designee, or, within 30 days of the end of the amortization period contained in section 9.03.03 D. or, in the alternative, shall be altered so that they no longer violate this section. Billboards with an original cost of $100.00 or more, and which have been legally permitted, shall be treated as nonconforming signs and removed pursuant to section 9.03.03 D. SUBSECTION 3.V. AMENDMENTS TO SECTION 6.01.01 UTILITIES REQUIRED TO BE INSTALLED UNDERGROUND Section 6.01.01 Utilities Required to be Installed Underground, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 6.01.01 Utilities Required to be Installed Underground All permanent facilities. infrastructure, or improvements constructed bv public utilities, including those installed bv franchised utilities, must be installed. Le.. located and constructed. underaround. as set forth below. The utilities included are those providina for. or related to: electrical power (includina wirina to streetliahts), and light, telephone, potable & irriaation/re-use water, sewer, cable television, 'Niring to ctrootlightE: and gas chall be ine:tallod undorground. This section shall apply to all public utilities either proposina. or relocatina existina. permanent facilities. infrastructure. or improvements cablos, conduits or wiros within subdivisions or developments. includina all cables. conduits. or wires forming part of an electrical distribution system. which includes all inoluding service lines to individual properties and main distribution feeder electrical lines delivering power to local distribution systems......llidL. HO'No'o'or, agricultural land, industrial land, oommorcial Eitos and rosidentiallots largor than two acreE may bo oxompted from this roquiromont by tho dovolopmont corvicec director if coe:te: for the utilitioE to bo placod undorground aro domone:tratod to bo unreae:onably prohibitive. Thie: section does not include or apply to wires, conduits or associated apparatus and supporting structures whose exclusive function is for the transmission or distribution of electrical energy between de\'elopments or subElh.'isiaFls, generating stations, substations.. and the transmission lines of ª-!JY....other electric utility provider's systems, or along tho perimoter lino of subdivisions or de'lelopments. A. Appurtenances such as transformer boxes, pedestal mounted terminal boxes, meter cabinets, service terminals, telephone splice closures, pedestal type telephone terminals or other similar "on the ground" facilities normally used with and as a part of the underground distribution system may be placed above ground but shall be located so as not to constitute a traffic hazard. !2.:. Public utilitv Easements shall be coordinated with Qther appropriate public utility providers with verification of the creation or dedication of such easements provided to the County manager or designee before final subdivision plat and improvement plans approval. L The installation of underground utilities or relocating existing facilities as prescribed by this section &AaU must also be in conformance with the respective utility's rules and regulations. D. A: Utility Casings Subdivisions or developments providing water services shall install no less than four-inch conduits to each alternate lot on the opposite side of the street Page 101 of 156 from the main distribution line for each street prior to the completion of roadway construction or as required by applicable utility, Additionally, all casings for irrigation facilities, street lighting and other utility services such as electric, telephone, cable television, and the like shall be placed under all proposed streets prior to the completion of the stabilized subgrade. SUBSECTION 3.W. AMENDMENTS TO SECTION 8.06.03 POWERS AND DUTIES (EAC) Section 8.06,03 Powers and Duties (EAC) , of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 8.06.03 Powers and Duties The powers and duties of the EAC are as follows: * * * * * * * * * * * * * N. All preliminary subdivision plat and/or site development plan submissions for development or site alteration on a shoreline and/or undeveloped coastal barrier shall be reviewed and a recommendation shall be made for approval, approval with conditions or denial by the EAC, If the acclicant chooses not to utilize the optional preliminary subdivision plat process. the review and approval will occur at the time of either the final plat and construction plans or the final plat. 1. An applicant aggrieved by action of the EAC may appeal to the BZA. Said appeal shall be in accordance with the procedure and standards of section 10.02.02 for appeal of written interpretations. SUBSECTION 3.X. AMENDMENTS TO SECTION 9.02.00 VESTED RIGHTS Section 9.02.00 Vested Rights, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 9.02.00 DEVELOPMENT 'NITH VESTED RIGHTS [Resel'\'eEt] 9.02.00. Vested Riahts & Takinas Determinations. A Landowners claimina that certain of their property riahts have either: a) vested prior to establishment of this code on November 13. 1991. or prior to the effective date of any amendment or revision to this code. includina the claim to a riaht to an Adeauate Public Facilities Certificate (APFC). or b) been unlawfully taken. may use the vested riahts determination process and takinas determination process under this section. as either or both may be applicable, Both processes are to be administered as provided for in this section and are intended to ensure landowners are afforded adeauate procedural due process by providina for reauired notice. public hearina. the riaht to present and rebut evidence. create a formal. written record. and an impartial hearina officer. as may be applicable under these processes. B. Claims or suits aaainst Collier County. includina its board of county commissioners. whether sued individually or collectively. and any official thereof. which: a) alleae vested riahts or eauitable estoppel. or b) challenae the denial. revocation. suspension. or any other limitation or restriction set forth in a develocment order or develocment cermit. or any other aovernmental act of Collier County as a temporary or permanent takina of private property. includina claims or suits of an inordinate burden of private property. cannot be deemed final action or a final order of the County in any court or auasi-judicial proceedina unless and until the Page 102 of 156 processes provided for bv this section have been fullv complied with and exhausted. C. The provisions of this Code are expresslv intended to reaulate landowners' riahts to develop their property in the unincorporated areas of the county as may be necessary to protect the public's health and safety and to promote its aeneral welfare without violatina landowners' leaallv vested riahts obtained in accordance with Florida common law and statutory law. particularlv F.S. & 163.3167(8). 9.02.01. Acclications for Vested Riahts Determinations. A. Applications for a determination of claimed vested riahts must be submitted alona with the initiallv reauired application fee in the form established bv the County and must be sworn to or complv with & F.S. 92.525. for declarations made under penaltv of periury. In order to be considered timelv. all applications must be filed within one year of the effective date of this Code. or of any amendment or revision to the Code. aaainst which the landowner claims to be vested. Failure to timelv file such application within the one-year period will act as a landowner's waiver of the claimed riahts and bar all claims for vested riahts or eauitable estoppel for the landowner's property. Applications must include: 1, name. address. and telephone number of the landowner. and of any authorized aaent(s): 2. street address. leaal description. and acreaae of the subiect property: 3, all facts. documents. records. attachments. appendices. exhibits. or other information reasonablv available to the landowner throuah diliaent research which are considered bv the landowner to be relevant and which would tend to establish the criteria for a vested riahts determination set forth in section 9.02.05. The application should include any information the applicant considers necessary and that would substantiate those facts supportina the claim. The auide for inclusion of information should be whether the information would constitute competent. substantial evidence in a auasi-iudicial or iudicial proceedina; 4. allleaal arauments in support of the claims alleaed: 5. any relief or remedies proposed to resolve the claims alleaed: and 6. the sianature of the landowner or any attorney for the landowner. Sianatures affixed to an application will constitute certification that the person sianina has read the document and that to the best of the person's knowledae it is supported bv aood arounds and that it has not been submitted solelv for purposes of delav. B. Applicants may include such information under & 9.02.10. B. 3. a. - a.. as they consider necessary to establish their claims. C. A landowner and any attorney for the landowner has a continuina obliaation to amend or correct any document submitted with the application which is incorrect because of chanaed circumstances or which was found to have been incorrect. 9.02.02. Determination of comcleteness. After receipt of a fullv paid application for a determination of vested riahts. the county manaaer will determine if the information submitted with the application is complete. If the application is determined to not be complete. the county manaaer will provide notice to the applicant in writina of all deficiencies found within five (5) days. The county manaaer will take no further steps to process or review the application until all deficiencies have been adeauatelv remedied or the county manaaer is notified bv the landowner that no further information will be provided. Page 103 of 156 9.02.03. Review of application bY county manaaer and county attorney: determination or recommendation. Completed applications for determinations of vested riQhts. i.e.. those deemed sufficient for review. will be reviewed bv the countv manaaer and the county attorney under the criteria in section 9.02.05.. within forty-five (45) days. Based on their review. the county manaaer and the county attorney will thereafter within ten (10) days either: a) enter into a written stipulated determination of vested riahts with the owner. or b) make a written recommendation to a hearina officer for a determination that the application should be denied. Qranted or aranted with conditions. A. If the county manaaer and the county attorney aaree that the application for a determination of vested riahts so clearly demonstrates that the requested relief should be Qranted or Qranted with conditions acceptable to the landowner. then they are authorized to enter into a stipulated determination of vested riahts with the landowner on behalf of the County. The county manaQer's and the county attorney's written determination must include: a) their findinas of fact based on the criteria established in section 9.02.05.. b) their conclusions of law for such criteria. c) their findinas of consistency with the arowth manaaement plan and the Code. as applicable. and d) the specific relief to be afforded by the determination. which must be sianed by the county manaQer and the county attorney. as well as the landowner. B. If the county manaaer and the county attorney do not aaree after their review that the application for determination of vested riahts so clearly demonstrates that the reauested relief should be Qranted or aranted with conditions acceptable to the landowner. then they will prepare a report for consideration by a Qualified hearina officer which recommends that the requested relief should be aranted. aranted with conditions. or denied. The written recommendation to the hearina officer must include: a) their findinas of fact based on the criteria established in section 9.02.05.. b) their conclusions of law for such criteria. c) their findinas of consistency or inconsistency with the arowth manaaement plan. as applicable. and d) the specific relief to be afforded. if any. in whole or in part. by the determination. The procedures to be followed for Qualification and selection of the hearina officer are those set forth in section 9.02.04. The procedures to be followed for the hearinQ officer's review of the claim. public hearinQ. and issuance of a written determination are set forth below in sections 9,02.04.. and 9.02.06. 9.02.04. Hearina officer review and vested riahts determination. A. In the event that all of a landowner's claims are not fullY resolved by the process under section 9.02.03.. the county manaaer will solicit for a hearina officer who must meet the followina minimum Qualifications: a) be an attorney admitted to practice before the Supreme Court of the State of Florida. b) have demonstrated knowledae of administrative. environmental. and land use law and procedure: and c) aaree to hold no other appointive or elective county public office or position durina the period retained, A Qualified hearina officer selected by the county manaaer and county attorney will be retained immediately upon the landowner's payment of any additional fees required for a hearina officer's determination of vested riahts. Once retained. the application. written recommendation of the county manaaer and county attorney. and all supportina documentation. collectively considered to be the then existina official record of the claim. will be provided to the hearina officer for review. Within fifteen (15) days of notice of retainina a Qualified hearina officer. the claimant must provide the hearina officer and all other parties a list of the names and addresses of any witnesses which the claimant intends to present in support of its claim and a summary of the testimony of each witness. In no event. however. will the requisite public hearina be scheduled or noticed until the list and summary are properly provided. B. At any time after thirty (30) days from receipt of the official record. the hearina officer is to conduct a properly noticed public hearina. The hearina Page 104 of 156 will follow such rules of procedure for auasi-judicial. civil proceedinas as the hearina officer mav consider are reasonablv reauired to afford all parties procedural due processe and as follows. The parties entitled to appear before the hearina officer are the county. the landowner. and those members of the public who have timely notified the county manaaer and hearina officer of their intention to be considered as affected persons under section 9.02.04 C.. below. In the event that any affected person's claimed status as a party is challenaed by another party. the hearina officer will determine whether that person is entitled to appear as an affected person under the traditional notions of standina set forth in Florida iurisprudence. The order of presentation before the hearina officer will be: a) the landowner. b) the county. and c) any affected person(s). Althouah the public is invited to attend the hearina. members of the aeneral public may not participate unless testifyina as a party witness under one of the three cateaories above. C. Affected persons intendina to participate as a party in any hearinas held as part of the vested riahts determination process must submit written comments and pertinent factual information and data to the county manaaer for inclusion in the official record within fifteen (15) days of the landowner's mailina of notice to all persons as set forth in section 9.02.06,A The pertinent factual information and data will be reviewed and considered bY the county manaaer and county attorney. and when applicable. will be submitted to the hearina officer as an attachment to the county attorney's and county manaaer's recommendation to the hearina officer and become part of the official record, The names of affected persons intendina to appear as a party witness. alona with a written summary of their testimony. must be submitted to the hearina officer no later than ten (10) days prior to the advertised date of the hearina officer's public hearina. 9.02.05. Criteria for vested riahts determinations. A This section is intended to establish criteria for vested riahts determinations that strictly adhere to. and implement. existina Florida statutory and case law as they relate to the doctrine of vested riahts and eauitable estoppel. Each determination is to be made on a case-by-case basis in liaht of these criteria and the specific factual and leaal analysis of that claim. Landowner's claims should not be afforded the relief or remedy souaht unless the landowner demonstrates by substantial competent evidence that it's entitled to complete it's development without reaard to the otherwise applicable provision(s) of this Code based on either: a) meetina the provisions of F.S. ~ 163.3167(8): or b) that: 1) upon some act (such as enactina the challenaed provision of this Code) or omission of the county. 2) the landowner relyina in aood faith. (3) has made such a substantial chanae in position or has incurred such extensive obliaations and expenses that it would be hiahly ineauitable and uniust to destroy the riahts acauired to apply the challenaed provision. B. The provisions of Code of Laws ~ 106-46 (i) Criteria for Vested Riahts. (2) & (3). may be used as an additional auide for consideration of the second and third criteria in A. above, 9.02.06. Reauired notices for vested riahts determination Drocess. includina DubUc hearinas. A Within fifteen (15) days of the date of receipt by the county of a completed application for a vested riahts determination. the landowner must provide notice of the submission of the application by: a) prominently postina on the property for which the vested riahts determination is souaht a sian advisina of the substance of the claim of vested riahts and otherwise complyina with section 10.03.05. B. 1. as to timina and otherwise, a, or .b.. onlY. and B. 2. throuah 4.. as applicable. and b) mailina notice to all property owners within 300 feet of the property lines of the subiect property. The mailed notice must briefly state the nature of the claim and must be made via certified mail. return receipt reauested. sent at the landowner's expense. Page 105 of 156 B. Public notice for vested riahts determination hearinas held pursuant to section 9.02.04. or section 9.02.08. must be provided by publication at least one time in a newspaper of aeneral circulation at least fifteen (15) days in advance of any public hearina statina the time. place. purpose of such hearinq, includina a brief statement of the nature of the claim. C. For those claims not resolved under section 9.02.03.. the landowner must additionallY provide the type of mailed notice described in A.. above to all persons who have notified the county manaaer that they should be considered as an affected person at least twenty (20) days prior to the hearinq officer's public hearina. 0, For those claims not resolved under section 9.02.08. the appealina party must additionally: a) provide the type of mailed notice described in A.. above to all other parties at least fifteen (15) days prior to the public hearina. and b) publish the notice for the public hearinq required under B.. above. 9.02.07. Issuance of a vested riahts determination bv hearina officer. Within fifteen (15) days after the completion of the hearinq officer's public hearinq. the hearina officer will render a determination denyinq. qrantina. or arantinq with conditions. all vested riqhts claimed bY the landowner. The determination must be based upon the hearina officer's review and consideration of the official record which will include the application for determination of vested riahts. the recommendation of the county manaqer and the county attorney. and the evidence and testimony presented at the public hearina by all parties. The determination must be in writina and specificallY set forth enumerated: a) findinas of fact. and b) conclusions of law for each criterion of section 9.02.05.. as applicable to each claim. The determination must also state the specific relief or remedy afforded the landowner. if any. and detail any conditions which the landowner must comply with to obtain such relief. 9.02.08. AD Deal of hearina officer's vested riahts determination. Within 30 days after the hearinq officer's written determination of vested riqhts beinq rendered. either the county or the landowner may appeal the determination to the board of county commissioners. Any additional fee for a landowner-initiated appeal must accompany the appeal. The board of county commissioners may: a) affirm the hearina officer's determination of vested riahts. with or without modifications or conditions. or b) reiect the hearinq officer's determination. except that the board may not modify the determination or impose conditions. or reiect the hearinq officer's determination unless the board expressly finds that one or more of the hearinq officer's findinqs of fact or conclusions of law is not supported by competent substantial evidence in the official record. or that the hearinq officer's determination otherwise specifically failed to properly apply one or more of the criterion in section 9.02.05. Because the law in the area of vested riahts and equitable estoppel is constantly chanaina in both substance and interpretation. the board should be quided by advice from the office of the county attorney reqardina interpretations of appropriate considerations in its deliberations. 9.02.09. EXDiration of vested riahts determinations. Any relief qranted bY a vested riahts determination will be presumed abandoned and expire if not utilized for its proper purpose within two (2) years from the date it was aranted. Thus. all determinations of vested riqhts which are aranted. with or without conditions. expire and become null and void two (2) years from the date finally issued. Le.. the last of either: a) the latest date siqned as a stipulated aareement. b) the date rendered by a hearinq officer. or c) otherwise finally determined followinq any appeal: unless: 1) any conditions imposed are complied with and construction authorized by the determination is commenced pursuant to an approved final development order or permit. and 2) construction continues in qood faith under then applicable requlations for development. The two (2) vear time limitation to commence and continue construction will only be stayed for any time period durina which construction is prohibited. deferred. or delayed by the county due to inadequate public facilities. as otherwise provided for by this Code. 9.02.10. Process for review and remedy of takina claims. Page 106 of 156 A. Scope. This section applies to: 1. a landowner's claim which would otherwise arise in a court of competent iurisdiction as a takina of property without iust compensation under any law applicable to the county and that arises from: a. the denial of property or development riahts souaht as part of a development permit or development order. or b. the application of any other provision of the county's comprehensive plan. its implementina land development reaulations as stated in this code. or other ordinances. 2. persons denied a claimed remedY souaht as part of a vested riahts determination under sections 9.02.00. - 9.02.09.. of this code: and 3. any aaarieved or adverse Iv affected party meetina the standard for "standina" defined in F.S. & 163.3215(2). and alleaina that the arant or issuance to another person of a development order or development permit bv the county constitutes a takina of his property. 4. Notwithstandina the provisions set forth above. this section does not applv to takinas claims arisina as part of a condemnation or eminent domain action to which the county is. or may be. a party. B. Administrative procedures for filino and documentation of takinos claims. 1. All takinas claims must be filed with the county manaaer and be accompanied bv such fee as may be reauired. 2. Anv person filina a takinas claim must affirmative Iv demonstrate the validitv of the claim alleaed bv submittina a sworn statement settina forth the facts upon which the takinas claim is based. The sworn statement should include any information the applicant considers necessary. As such. a statement may contain attachments. appendices or exhibits that substantiate those facts supportina the claim, The auide for inclusion of information should be whether the information would constitute competent. substantial evidence in a auasi-judicial or iudicial proceedina. 3. In addition to a demonstration of a potential takina claim. the applicant's evidence should also provide that information necessary to fashion a remedy. should a potential takina claim be found to exist. As part of a tvpical claim packaae. the sworn statement reauired bv this subsection should support the claim for a remedy bv includina any additional affidavits, copies of drawinas. contracts. recordinas. reports, letters. appraisals. or any other form of documentation or information that may applv. includina. but not limited to: a. the transcript or record of any previous hearina where the claim is alleaed to have arisen. b. evidence of the expenditure of funds for land. the acauisition of which provides the basis of the takina claim. c. evidence of expenditures of funds for plannina. enaineerina. environmental. and other consultants for site plan preparation. site improvement or other preparation. or construction. d. evidence of expenditures for construction of actual buildinas in accordance with an existina or prior development order or development permit issued bv the county. Page 107 of 156 e. any relevant donations or dedications of real property or any other property interest made to the county for the followina purposes: i. roads or other transportation or public utilitv facilities. ii. access (inaress/earess) or riahts-of-wav. iii. drainaae easements. iv, parks or recreation/open space. v. retention/detention areas. vi. preservation or conservation areas. or vii. any other purpose consistent with the provision of services for any element of the county's comprehensive plan: which are either on- or off-site with respect to the property involved in the claim. f. evidence of costs of construction of any roads. sidewalks. stormwater detention/retention or drainaae facilities. sewer or water facilities. parks. etc.. which would be either on- or off- site. and part of a plan permittina development on the subiect property. or a. other development orders or development permits issued bv the county with respect to the property involved in the takinas claim. and any related federal. state or reaional permits. 4. As part of a sworn statement. the claimant is reauired to provide a list of the names and addresses of any witnesses which the claimant will present in support of the claim and a summary of the testimony of each witness. 5. Additionallv. the claimant should consider submittina as part of its sworn statement information which: a. demonstrates that the claimant has acted in aood faith and without knowledae that chanaes to applicable ordinances. resolutions. or reaulations miaht effect his development expectations. In establishina "aood faith." the claimant should consider submittina information which affirmativelv states that the claimant: i. has not waived. abandoned. or substantiallv deviated from related prior county development approvals: ii. has not. bv act or failure to act. consented or assented to chanaes in related prior county development approvals: and Hi. has. at all times relevant. conformed with the applicable laws. rules. and reaulations of the state and the county. b. if applicable. details the specific aovernmental act. ordinance. resolution. reaulation or comprehensive plan provision that the claimant believes aave rise to the takinas claim. 6. The sianature of the claimant. or any attorney for the claimant. upon any document submitted as part of a sworn statement will constitute certification that the person sianina has read the document and that to the best of the person's knowledae it is supported bv aood arounds and that it has not been submitted solelv for purposes of delav. Further. the claimant and any attorney for the claimant will have a continuina obliaation to amend or Page 108 of 156 correct any document submitted which is incorrect because of chanaed circumstances or was found to have been incorrect. 7. If the board of county commissioners makes a determination and findina that the sworn statement submitted as part of a takina claim is: a, based on facts that the claimant or any attorney for the claimant knew or should have known was not correct or true: or b. frivolous or filed solelv for the purposes of delav: then the board of county commissioners. in addition to the penalties set forth in section 10,07.00. A.2.e.. may pursue any remedy or impose any penaltv provided for bv law or ordinance. C. Review. hearina and standards for takinas claims. 1. Within five workina days of filina a sworn statement (and any accompanvina information) as part of a takinas claim. the county manaaer will determine whether the statement received is complete, If the statement is deficient. then the claimant will be notified. in writina. of the deficiencies. 2. Once a statement is complete. or the claimant has informed the county manaaer that no further information is forthcominq. the county manaaer will timelv review the application. provide reauisite public notice consistent with section 9.02.06 B. and schedule a properlv noticed public hearina before the board of county commissioners on the takinas claim. 3. At the scheduled public hearina. sworn testimony and relevant evidence which meets the criteria of subsection B, above should be offered into the record to support the claimant's position. The county manaqer and staff. and county attorney personnel may offer testimony and evidence. or opinions as may be relevant to the hearinq. 4. No later than 30 days after the board of county commissioners closes the public hearina. the board will make and report a conclusive. final decision based upon the record presented. Nothina in this subsection will prevent the board' from decidinq to continue the hearinq to a time-. date-. and place-certain to aive staff the opportunity to prepare alternatives. in consultation with the applicant. or to aive staff or the applicant the opportunity to prepare responses to auestions which the board may have reaardinq information presented at the hearina. 5. Because the law in the area of takinas is constantlv chanaina in both substance and interpretation. the board of county commissioners should be auided bv advice from the office of the county attorney reaardina interpretations of appropriate considerations in its deliberations. In evaluatina whether a valid takina claim is presented bv the record. and what the measure of relief to be provided to the claimant should be. if any. the followina factors will be taken into consideration: a. whether and to what dearee the challenqed reaulation or combination of reaulations has resulted in any phvsical invasion of the claimant's property bv the county or others: b. whether the challenqed requlation. or combination of reaulations. has resulted in a denial of all beneficial use of the claimant's property bv the county and. if so. whether the loaicallv antecedent inauiry into the nature of the landowner's estate shows that the prescribed use interests were not part of his title to beqin with: Page 109 of 156 c, whether and to what dearee the claimant's expectations of use were investment-backed: d. whether and to what dearee the claimant's expectations of use were reasonable in liaht of the followina circumstances as they may applv: i. the loaicallv antecedent inauiry into the nature of the landowner's estate shows that the prescribed use interests were not part of his title to beain with; ii. the existina land use and zonina classification of the subiect and nearby properties. as may be relevant; iii. the development history of the subject property and nearby properties: and iv. the suitabilitv of the subiect property for the intended or challenaed development or use. e. whether and to what dearee the intended or challenaed development or use has or would cause any diminution in value of the subiect properties. or any relevant properties arisina from section 9.02.10 A.3.: f, whether and to what dearee any such diminution of property values has promoted the public health. safety. morals. aesthetics. or aeneral welfare. and was consistent with the county's comprehensive plan: and a. to what extent the public would aain from the intended or challenaed development or use compared to any resultina hardship upon the claimant alone. 6. Anv relief to be provided a claimant will be limited to the minimum necessary to provide a reasonable. beneficial use of the subiect property and may be in the form of alternative uses of additional development intensity which may be severed and transferred. or other such non-monetary relief as is deemed appropriate bv the board of county commissioners. Anv relief aranted will be presumed abandoned and expire if not utilized for its proper purpose within one year from the date it was aranted. Subseauent applications under this section may review the expired decision for possible reinstatement. with or without modification as deemed necessary under then existina conditions. D. Aooeal of takinas claim. Anv claimant aaarieved bv the final decision of the board of county commissioners may seek judicial review of the board's decision bv timelv filina an action in a court of competent jurisdiction. SUBSECTION 3.Y. AMENDMENTS TO NONCONFORMITIES SECTION 9.03.01 Section 9,03.01 Nonconformities, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 9.03.01 Generally * * * * * * * * * * * * * E. Uses under conditional use provisions not nonconforming uses. All uses lawfully existing on the effective date of the LDC or any subseauent amendment to this code. which are permitted as a conditional use in a Page 110 of 156 district under the terms of the LDC or anv subsequent amendment to this code, shall not be deemed a nonconforming use in such district, but shall without further action be deemed to have a conditional use permit. SUBSECTION 3.Z. AMENDMENTS TO SECTION 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS Section 10.02.02 Submittal Requirements for All Applications, of Ordinance 04- 41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.02 Submittal Requirements for All Applications 1< * 1< 1< 1< 1< 1< 1< 1< 1< * * * A. Environmental impact statements * 1< * * * * * * * * * 1< * 9. APPEALS. a. Any person aggrieved by the decision of the County Manager or his designee regarding any section of this Code may file a written request for appeal, not later than ten days after said decision, with the environmontal advisory board EAC or their successor organization. b. The onvironmental advisory board EAC will notify the aggrieved person and the County Manager or his designee of the date, time and place that such appeal shall be heard; such notification will be given 21 days prior to the hearing unless all parties waive this requirement. c, The appeal will be heard by the onvironmontal advisory board EAC within 60 days of the submission of the appeal. d. Ten days prior to the hearing the aggrieved person shall submit to the onvironmont31 adviso!)' b03rd EAC and to the County Manager or his designee copies of the data and information he intends to use in his appeal. e. Upon conclusion of the hearing the onvironmontal advisory board EAC will submit to the board of county commissioners their facts, findings and recommendations. f. The board of county commissioners, in regular session, will make the final decision to affirm, overrule or modify the decision of the County Manager or his designee in light of the recommendations of the onvironmontal adviGory board EAC. 1< 1< 1< 1< 1< 1< 1< 1< * 1< * 1< 1< D, Review by environmental advisory council (EAC). board. ,^,II proliminary subdi\,'ision pl3t and/or site development plan GubmiGsions for de'Jelopment or Gite alteratioA on a shoreliAe and/or undovelopod coaGtal b3rrior shall bo rovie'Nod and a rocommondation Ghall bo mado for approval, appro'.!31 'Nith conditionG or donial by tho onvironmental advisory board. If tho applicaAt chooso!:; not to utilizo tho optional prolimin3ry subdi'JisioR plat proCOGS, tho roviO'.¥ and approval will occur at tho time of oithor tho final plat and conGtruction plans or tho final plat. The procedures for reviewina PSP and/or SDP submissions for develocment or site alteration on a shoreline and/or undeveloped coastal barrier are outlined in section 8.06.03 N. of this code. Page 111 of 156 * * * * * * * * * * * * * F. Requests for Interpretations * * * * * * * * * * * * * 5. Appeal to board of zoning appeals or building board of adjustments and appeals. ~ Within 30 days after receipt by the applicant or affected property owner of a written interpretation sent by certified mail return receipt requested by the planning c:orvico!> director County Manaaer or his desianee or chief building official, or within 30 days of publication of public notice of interpretation, the applicant, affected property owner, or aggrieved or adversely affected party may appeal the interpretation to the building board of adjustments and appeals for matters relating to building and technical codes as shown in division 1.18 or to the board of zoning appeals for all other matters in this Code. For the purposes of this section, an affected property owner is defined as an owner of property located within 300 feet of the property lines of the land for which the interpretation is effective. An aggrieved or affected party is defined as any person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan, Land Development Code, or building Code(s). The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. b. A request for appeal shall be filed in writing. Such request shall state the basis for the appeal and shall include any pertinent information, exhibits and other backup information in support of the appeal. A fee for the application and processing of an appeal shall be established at a rate set by the board of county commissioners from time to time and shall be charged to and paid by the applicant. The board of zoning appeals or the building board of adjustments and appeals, whichever is applicable, shall hold an advertised public hearing on the appeal and shall consider the interpretation of the pl::mning !>ervice!> dirootor County Manaaer or his desianee or chief building official, whichever is applicable, and public testimony in light of the growth management plan, the future land use map, the Code or the official zoning atlas, or building code related matters, whichever is applicable. The board of zoning appeals or the building board of adjustments and appeals, whichever is applicable, shall adopt the planning !>orvico!> diroctor'!> County Manaaer or his desianee's or chief building official's interpretation, whichever is applicable, with or without modifications or conditions, or reject his interpretation. The board of zoning appeals or the building board of adjustments and appeals, whichever is applicable, shall not be authorized to modify or reject the planning !>orvice!> dirootor'c: County Manaaer or his desianee's or chief building official's interpretation unless such board finds that the determination is not supported by substantial competent evidence or that the interpretation is contrary to the growth management plan, the future land use map, the Code or the official zoning atlas, or building code, whichever is applicable. c. Time Limitations on Appeals. Any appeal that has not been acted upon by the APPLICANT within six months of the applicant filina the appeal will be determined to be withdrawn and cancelled unless extended by the BCC. Further review and action on the appeal will reauire a new application subiect to the then current code. Page 112 of 156 SUBSECTION 3.AA. AMENDMENTS TO SECTION 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS Section 10.02,04 Submittal Requirements for Plats, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.04 Submittal Requirements for Plats A. Preliminary Subdivision Plat Requirements 1, Procedures for preliminary subdivision plat. a. Optional. The preliminary subdivision plat process is not mandatory, but an option that may be exercised by the applicant upon the effective date of this ordinance. All preliminary subdivision plats that were approved prior to the effective date of this ordinance are not optional and must proceed in accordance with the procedures outlined for a preliminary subdivision plat. Also, nothing in this section will be construed to affect the mandatory nature of a final subdivision plat. i. Abandonment/Cancellation of existinq approved PSP's. The acclicant may chose to abandon/cancel any PSP that was approved prior to February 11. 2004 in the event that the FSP has not been approved. If the acclicant chooses to abandon. then the onlv process that will be applicable to that acclicant is the final subdivision plat process in the same manner as if the PSP option was never exercised. Anv portion of the oriainal PSP for which a Final Plat has not been approved would therefore reauire a separate Final Plat accordina to procedures in effect at the time of submittal. * * * * * * * * * * * * * B. Final Plat Requirements * * * * * * * * * * * * * 3. General Requirements for Final Subdivision Plats * * * * * * * * * * * * * e. Subdivision performance security, as further described herein, in an amount equal to 110 percent of the sum of construction costs for all on-site and off-site required improvements based on the applicant's professional engineer's opinion or contract bid price. Where improvements are to be constructed by a general-purpose government such as a county or municipality, a local school district, or state agency, no subdivision performance security shall be required. Subdivision performance security shall be required of an independent special-purpose government such as a community development district (COD). The subdivision performance security shall be in one of the following forms: (1) Cash deposit agreement with the county. (2) Irrevocable standby letter of credit. (3) Surety bond. (4) Construction. Maintenance and Escrow agreement with tho firßt mortgagoe of tho ontire final subdivision plat. (5) Fundß hold by tho bond trußtoo for a community development dißtrict which mo dOGignatod for subdivision improvomontß. Tho Page 113 of 156 COD ßhall onter into a oonßtruotion and maintenanoo agroomont with tho county in a form aooeptable to the county attorney. The oonctruction and maintenanoe agroement ßhall pro'.'ide that (a) all permitc required for the conßtruotion of the roquirod ßubdivision improvements shall be obtained by the COD prior te recording of the plat, (b) tho project ac defined in the CDD'c bond dooumonts muct include the requirod subdivision improvomentc and cannot bo amendod or ohanged without the ooncont of tho oounty, and (0) tho developor shall bo requirod to comploto tho required impro'/emontc should tho COD fail to complete camo. SUBSECTION 3.BB. AMENDMENTS TO SECTION SUBMITTAL REQUIREMENTS IMPROVEMENT PLANS 10.02.05 FOR Section 10.02.05 Submittal Requirements for Improvement Plans, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.05 Submittal Requirements for Improvements Plans * * * * * * * * * * * * * B. Construction of required improvements. * * * * * * * * * * * * * 5. Construction inspections by the engineering services director. Upon approval of the improvement plans by the engineering services director, the applicants' professional engineer of record shall be provided with a list of standard inspections which require the presence of the engineering services director. Notification of all required inspections shall be contained in the approval letter for the development. Based on the scheduling and progress of construction, the applicant shall be responsible to notify the engineering services director prior to the time these inspections are required. At least 48 hours' notice shall be provided to the engineering services director to allow scheduling of an inspection. Verbal confirmation of inspection time or a request for rescheduling will be made by the engineering services director on each notification made. 6. All required inspections as noted in the Collier County Utilities Standards and Procedures Ordinance ~Jo. 97 17, subsection 9.4.2 shall require notice to the engineering services director. Also, the engineering services director shall be notified at the following stages of construction: Prior to any paving or concrete work associated with roads or sidewalks. L From time to time, the engineering services director shall inspect the progress of construction. Should special inspections be required they shall be coordinated through the applicant. L The foregoing notwithstanding, routine spot inspections by the engineering services director may be carried out without notice on all construction to ensure compliance with the approved improvement plans. During the on-site inspection process, if the engineering services director finds construction in progress which does not comply with the procedures, policies and requirements contained in this section or the approved improvement plans, he shall have the full authority to issue a stop work order for the portion of the work not in compliance. If a stop work order is issued, it shall remain in full effect with respect to the defective work until such time as the documented Page 114 of 156 discrepancies have been corrected to the full satisfaction of the engineering services director. &:- 9. Design modification. Deviations from the approved improvement plans due to field related conditions or circumstances shall be submitted via the applicant and approved by the County Manager or his designee. Initial contact with the County Manager or his designee may be by verbal contact whereby a County Manager or his designee's field representative may recommend approval to the DSD based on a field inspection of the deviation and based on its equivalency to the approved design. However, if required by the County Manager or his designee, a detailed written description of the proposed deviations or requested design modifications, the reasons for the deviations or modification, and revised improvement plans shall be submitted to the County Manager or his designee for approval. The County Manager or his designee may require written approval for specific deviations or modifications to be issued by him before construction of those items may commence. ~ 10. Measurements and tests. After construction, the applicant's professional engineer of record shall submit a report to the County Manager or his designee which documents the dates of inspection, all measurements, field tests, laboratory tests and observations required to be performed during the construction. g.,. 11. Expiration. All required improvements associated with the construction and maintenance agreement shall be completed within 18 months from the date of recording of the final subdivision plat, or, if construction of required improvements is undertaken prior to recording the final subdivision plat, within 18 months from the date of approval of the final subdivision plat by the board of county commissioners. If improvements are not completed within the prescribed time period and a subdivision performance security has been submitted, the engineering review director may recommend to the board that it draw upon the subdivision performance security or otherwise cause the subdivision performance security to be used to complete the construction, repair, and maintenance of the required improvements. All of the required improvements shall receive final acceptance by the board of county commissioners within 36 months from the date of the original board approval. The developer may request a one-time, one- year extension to receive final acceptance of the improvements. .g.,. 12, County completion of required improvements. When a final subdivision plat has been recorded and the applicant fails to complete, repair, or maintain the required improvements as required by this section, the board of county commissioners may authorize and undertake completion, repair, and maintenance of the required improvements under the subdivision performance security provided by the applicant. If no sale of lots or issuance of building permits has occurred, the board of county commissioners may declare all approvals for the subdivision and all documents for the subdivision to be null and void; provided, any vacations of plat shall be in accordance with F.S. ch. 177. In such case, the board of county commissioners shall direct the County Manager or his designee to call upon the subdivision performance security to secure satisfactory completion, repair, and maintenance of the required improvements, to make his best efforts to restore the property to its predevelopment condition, or to otherwise take action to mitigate the consequences of the failure to complete, repair, or maintain the required improvements. Upon the completion of the required improvements, the County Manager or his designee shall report to the board of county commissioners and the board shall accept by resolution the dedication and maintenance responsibility as indicated on the final subdivision plat. In such case, the remaining subdivision performance security posted by the applicant shall be retained for the warranty period between preliminary and final acceptance in lieu of the required maintenance agreement and subdivision performance security to provide funds for any repairs, maintenance, and defects occurring during this warranty period. Page 115 of 156 * * * 4.Q.,. 13, Failure to complete unrecorded subdivision. Where an applicant has elected to construct, install, and complete the required improvements prior to recordation of the final subdivision plat and fails to complete such improvements within the time limitations of this section, all approvals for the subdivision shall be null and void. No reference shall be made to the preliminary subdivision plat or the final subdivision plat with respect to the sale of lots or issuance of building permits, unless and until the preliminary and final subdivision plats have been resubmitted with all of the supplementary documents and material, and all approvals required in this section have been granted. Under these circumstances, the applicant shall be required to compensate the county through the payment of new review and inspection fees, as though the development were being submitted for its initial review and approval. * * * * * * * * * * * * C. Completion, approval and acceptance of required improvements * * * * * * * * * * * * 2. Acceptance of required improvements. Upon completion of all required improvements contained in the approved improvement plans, the required improvements shall be preliminarily approved by the county 3dminictrator manaaer or his designee, All water and sewer facilities approved and accepted in this fashion and required to be maintained by Collier County shall be conveyed to the county pursuant to the provisions set forth in Collier County Ordin3nco No. 88 76 Utilities Standards and Procedures Ordinance [Code ch. 134, art. III], as amended. A maintenance agreement and the posting of subdivision performance security for the maintenance of the required improvements shall be required prior to the preliminary approval of the completed required improvements. * * * * * * * * * * * * F. SIP Reauirements for the Nonconformina Mobile Home Park Overlav Subdistrict. 1. Pre-application meetinQ reQuirements. Prior to makina an aDDlication to submit an SIP. the DroDertv owner and/or aaent is reauired to have a Dre-aDDlication meetina with Collier County Dlannina staff. Coordinatina this Drocess will be the resDonsibility of the assianed Dlanner who will establish a date for the meetina and will advise other review staff to attend the meetina. The owner of the DroDerty or aaent reDresentina the owner shall brina to the meetina a survey Dlot Dlan showina the location of all buildinas and structures, and Dreferably a draft Dlan showina the DroDosed layout of buildinas and infrastructure imDrovements. The aDDlicant shall consult with the Immokalee Fire DeDartment and the Immokalee Sewer and Water District Drior to the Dre-aDDlication meetina, Within 90 days after the Dre-aDDlication meetina, the owner/aaent shall submit the SIP aDDlication and SUDDortina documents. Failure to submit a formal SIP shall cause a citation to be issued to the DroDerty which may culminate in the reauirement to remove all buildinas and structures as Drovided above unless otherwise Drohibited by state law. 2. SIP submission reQuirements. preparation standards and notes. a. An aDDlication for an SIP on a form DreDared bY Collier County shall be sianed by the owner or aaent of the DroDerty owner in the form of an affidavit as indicated on the aDDlication form. b. A survey Dlan showina all buildinas and structures. their uses and the actual size of the structures. Page 116 of 156 c. A site improvement plan showina the proposed location of all buildinas. and all reauired infrastructure. drawn to scale on a 24" x 36" sheet(s) illustratina the followina information: i. Park name, address and phone number of aaent preparina the plan and address and phone number of the propertv owner. ii. Folio number(s) of property and total site area, iii. Zonina desianation and land use on subiect and adiacent property. iv. North arrow. scale and date. v. Landscapina. proposed and existina. vi. Parkina spaces. vii. Setbacks and space between buildina measurements. viii. Location and arranaement of inaress/earess points. ix. Type of surface of all access roadways leadina to the park and within the park. x. Location of all structures in the park (units. office. accessory buildina. etc.) xi. Location of dumpster or trash container enclosure. xii. Location and heiaht of walls and/or fences. xiii. Where applicable. dimensions of lots. width of internal streets and desian cross-section of streets and drainaae improvements. d. Plans do not have to be sianed and sealed bva professional enaineer. however. plans must be prepared bv a person havina knowledae of draftina skills and basic enaineerina construction standards which may include a paraprofessional associated with a professional enaineerina. architectural. landscape architectural firm or licensed contractor. e. Prior to approval of the SIP the county buildina inspector will identify all mobile homes not meetina minimum housina code standards and minimum floor area reauirements for mobile homes as defined in this Code, Those mobile home units that cannot be rehabilitated shall be removed within 12 months of the approval of the SIP unless prohibited bv law and shall be so indicated on the SIP. f. Mobile home units meetina the housina code and as defined in this Code may replace the units removed. provided the replacement units do not exceed the maximum number of units allowed on the oriainal SIP. a. The number of units approved on the SIP will be allowed to remain. except for those identified substandard units which must be removed in accordance with the timeframes referred to in section 10.02.05 F.2,e. above. so lona as the reauirements of the approved SIP are implemented and a buildina permit has been obtained for each unit. h. A riaht-of-wav permit shall be reauired. This permit shall be obtained prior to approval of the SIP. A COpy of same shall be submitted to the assianed planner. Page 117 of 156 3. Landscapina: Landscape improvements shall be shown on the SIP. either separately or collectively on the same sheet as the site plan. Existina trees may be credited pursuant to section 4.06.04 D. of this code. a. The plan shall be prepared by a landscape architect. landscape desianer or landscape contractor or paraprofessional associated with such a firm and havina knowledae of Florida plant material and plantina reauirements. Landscape plans do not need to be sianed and sealed when prepared by a licensed landscape architect. b. Landscapina reauirements are as follows: i. A ten-foot wide landscape buffer. with one sinale hedaerow and trees spaced 30 feet on center alona property lines abuttina a riaht-of-wav. ii. Trees spaced 50 feet on center alona internal boundary lines. iii. Permitted trees include live oak. sycamore. red maple. and sweet aum. Under electrical transmission lines. simpson stopper. maanolia. east Palatka holly. and dahoon holly trees are permitted. iv, Fixed irriaation systems which shall include two irriaation bubblers per tree. 4. Imolementation time frame: The site improvement plan shall be implemented and park improvements shall be made in accordance with the followina timeline commencina from the date of SIP approval. Number of Lenath of time units/proiect 10 or less 18 months 11 to 25 30 months 26 to 50 42 months more than 50 54 months a. Proiects approved with an implementation timeline in excess of 18 months must be completed as a phased development as identified below, Proiect # of Phases Phase Timelines Implementation Timeline 18 months 1 18 months 30 months g 18 months--First chase 30 months--Second chase 42 months -ª 18 months--First chase 30 months--Second ohase 42 months-- Third chase 54 months 1 18 months--First chase 30 months--Second chase 42 months-- Third chase Page 118 of 156 154 months--Fourth phase b. Buildina permits must be obtained for each unit when relocated and replaced within an approved park. otherwise the code enforcement action will proceed except as otherwise provided pursuant to section 10.02.05 F.2.e. SUBSECTION 3.CC. AMENDMENTS TO SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS Section 10.02.06 Submittal Requirements for Permits, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.06 Submittal Requirements for Permits J. Cultivated Tree Removal Permit. 1. Cultivated Tree Removal Permit. Cultivated Tree Removal Permits are required for the removal or relocation of anv tree or palm ef minimum code landscapinq that has been installed bv man and is not part of a preserve. Movinq a tree from one location to another shall not be considered removal: however. a permit shall be obtained. A maximum of 10 trees per five (5) year period may be removed with a Cultivated Tree Removal Permit. However. prohibited exotic tree removals are exempt from this requirement, except when they have been used to meet minimum code landscapinq standards. an unlimited quantitv of trees may be removed throuqh the Cultivated Tree Romoval ProceG£. Naturally occurrinq landscapes shall require a Veqetation Removal Permit: refer to section 10.02.06 C. In no instance shall a site fall below the current minimum landscape code standard. 2. Aoolicabilitv. The prOVISions of this section are applicable to all development except for sinqle familY home sites. However. such homes must maintain the minimum landscape code required trees per section 4.06.05. An owner. or an aqent of the owner may apply for a permit. If the applicant is an aqent of the owner, a letter from the property owner indicatinq that the owner has no reiection to the proposed tree removal shall be submitted with the application, 3. Criteria for removal of cultivated landscaoina. The Landscape Architect may approve an application for veqetation removal based on the followinq criteria: a. A tree Veqetation can not be maintained by proper canopy. root pruninq or root barriers and has become a safety hazard to pedestrian or vehicular traffic. utilities. or to an existinq structure. b. A tree is qrowinq too close in proximity to another tree(s) to permit normal qrowth and development of the affected tree(s). c. Other public health and safety circumstances as determined by the county landscape architect. Page 119 of 156 4. Application reauirements. An application for Cultivated Tree Removal Permit shall be completed and submitted to the County Manaaer or his desianee. The application shall include the followina: a. Proof of ownership such as a warranty deed or tax statement. b. A site plan depictina the location of proposed trees to be removed. proposed replacement or relocated trees. buildinas. paved areas. structures and utilities. The County Manaaer or his desianee may reauire that said plans be prepared bv a landscape architect reaistered in the State of Florida when the exotic prohibited tree removal exceeds tHe 10 trees fu:Hjt. If the site plan does not provide sufficient information to determine which trees will be affected bv the proposed development tree removals, the County Manaaer or his desianee may reauire that a tree survey of the site be prepared and submitted to the County Manaaer or his desianee for review. c. A letter of approval of the tree removal from the Homeowner and or Master Association if applicable. d. Addressina Check List. 5. Permit conditions. The Landscape Architect shall issue a Cultivated Tree Removal Permit when the applicant for such permit has aareed to fulfill one (1) of the followina conditions: a. That the minimum code reauired tree. if transplanted. will be moved. established and maintained usina proper arboricultural and horticultural practices and as outlined in section 4.06.05 of the Code. b. That the minimum code reauired tree(s). if destroyed. be substituted with an eauivalent replacement or replacements. approved bv the county landscape Architect. planted on the site from which the destroyed tree(s) were removed. Sufficient space shall remain on the site allowina replacements to establish a mature canopy spread. based on usual arowth characteristics. SUBSECTION 3.DD. AMENDMENTS TO SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES Section 10.02.13 Planned Unit Development (PUD) Procedures, of Ordinance 04- 41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.13 Planned unit DEVELOPMENT (PUD) procedures. * * * * * * * * * * * * * E. Changes and amendments. 8. The County Manager or his designee shall also be authorized to allow minor changes to the PUD master plan during its subdivision improvements plan or site development plan process to accommodate topography, vegetation and other site conditions not identified or accounted for during its original submittal and review and when said changes have been determined to be compatible with adjacent land uses, have no impacts external to the site, existing or proposed, and is otherwise consistent with the provisions of this code and the growth management plan. Such changes shall include: Page 120 of 156 * d, Relocation or reconfiguration of lakes, ponds, or other water facilities subject to the submittal of revised water management plans, or approval of the environmental advisory board EAC where applicable. * * * * * * * * * * * * J. Planned unit develoDment districts aDDHcation Drocessina. An application for a planned development rezonina. amendment or chanae will be considered "open" when the determination of "sufficiency" has been made and the application is assianed a petition processina number. An application for a planned development rezonina. amendment or chanae will be considered "closed" when the petitioner withdraws the subiect application throuah written notice or ceases to supply necessary information to continue processina or otherwise actively pursue the rezonina. for a period of six months. An application deemed "closed" will not receive further processina and an application "closed" throuah inactivity shall be deemed withdrawn. The County Manaaer or his desianee will notify applicant of closure. however. failure to notify by the county shall not eliminate the "closed" status of a petition. An application deemed "closed" may be re-opened by submittina a new application. repayment of all application fees and arantina of a determination of "sufficiency". Further review of the proiect will be subiect to the then current code. K. Dedication of the DubHc facilities and deve/oDment of Drescribed amenities. 1. The board of county commissioners may. as a condition of approval and adoption of a PUD rezonina and in accordance with the approved master plan of development. reauire that suitable areas for streets. public riahts-of-way. schools. parks. and other public facilities be set aside. improved. and/or dedicated for public use. Where impact fees are levied for one or more reauired public facilities. the market value of the land set aside for the public purpose may be credited towards such impact fees to the extent authorized by the County's Consolidated Impact Fee Ordinance. Said credit shall be based on a neaotiated amount no areater than the market value of the set aside land prior to the rezonina action. as determined by an accredited appraiser from a list approved by Collier County. Said appraisal shall be submitted to the county attorney's office and the real property office within 90 days of the date of approval of the rezone. or as otherwise extended in writina by the county manaaer or his desianee. so as to establish the amount of any impact fee credits resultina from said dedication. Failure to provide said appraisal within this time frame shall automatically authorize the county to determine the market value of the set aside property. Impact fee credits shall only be effective after recordation of the document conveyina the dedicated property to Collier County. Where the term Collier County is used in this section. it shall be construed to include the Collier County Water and Sewer District or other aaency or dependent district of Collier County Government. 2. Land set aside and/or to be improved as committed in the PUD document. or master plan. as the case may be. shall be deeded or dedicated to Collier County within 90 days of receipt of notification by the county that the property is needed for certain pendina public improvements or as otherwise approved by the board of county commissioners durina the PUD rezonina approval process. In any case. however. the county shall take title to the set aside property. at the latest. by a date certain established durina. and conditioned on. the approval of the PUD zonina. At no cost to the county. the land set aside and/or to be improved shall be made free and clear of all liens. encumbrances and improvements. except as otherwise approved by the board. Failure to convey the deed or complete the dedication within the appropriate time frame noted above may result in a recommendation to the board for consideration of rezonina the subiect parcel from its current PUD zonina district to an appropriate zonina Page 121 of 156 district and mav result in a violation of this Code pursuant to subsection 8.08.00 B. 3. Should said dedication of land also include aareed upon improvements. said improvements shall be completed and accepted bv the Collier Countv Board of Commissioners at the development phase which has infrastructure improvements available to the parcel of land upon which said improvements are to be made. or at a specified time provided for within the PUD document. L. Common open space or common facilities. Anv common open space or common facilities established bv an adopted master plan of development for a PUD district shall be subiect to the followinq: 1. The PUD shall provide for and establish an orqanization for the ownership and maintenance of anv common open space and/or common facilities. and such oraanization shall not be dissolved nor shall it dispose of anv common open space or common facilities. bv sale or otherwise. except to an oraanization conceived and established to own and maintain the common open space or common facilities. However. the conditions of transfer shall conform to the adopted PUD master plan, 2. In the event that the oraanization established to own and maintain common open space or common facilities. or anv successor oraanization. shall at anv time after the establishment of the PUD fail to meet conditions in accordance with the adopted PUD master plan of development. the development services director mav serve written notice upon such orqanization and/or the owners or residents of the planned unit development and hold a public hearina. If deficiencies of maintenance are not corrected within 30 davs after such notice and hearinq. the development services director shall call upon anv public or private aqencv to maintain the common open space for a period of one vear. When the development services director determines that the subiect orqanization is not prepared or able to maintain the common open space or common facilities. such public or private aqencv shall continue maintenance for vearlv periods. 3. The cost of such maintenance bv such aaencv shall be assessed proportionallv aaainst the properties within the PUD that have a riqht of eniovment of the common open space or common facilities and shall become a lien on said properties. SUBSECTION 3.EE. AMENDMENTS TO SECTION 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD Section 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, the EAC, and the Historic Preservation Board, of Ordinance 04-41, as amended, the Collier County Land Development Code. is hereby amended to read as follows: 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, the EAC, and the Historic Preservation Board * * * * * * * * * * * * * Page 122 of 156 B. Notice and public hearing where proposed amendment would change zoning classification of land and for conditional uses and variances. for olanned unit develooment (PUO) rezonino extensions. In the case of an application for extension of PUD zonina status or the rezoning of land. to include rezonings. conditional uses and variances initiated by other than the board of county commissioners or amendments to planned unit developments, such provisions shall be enacted or amended pursuant to the following public notice and hearing requirements by the planning commission and the board of county commissioners. PUD extensions. Rezoning, conditional use and variance petitions initiated by the board of county commissioners or its agencies for county owned land shall be subject to these provisions. 1. Applications for a PUD extension. whether initiated by the Applicant or the BCC. shall only be heard by the BCC pursuant to the notice and advertisina reauirements set forth in sections 10.03.05 B.8, and 9. of this code. 2. In the case of PUD extensions pursuant to sections 10.02.13 CA.. 10.02.13 C.5.a. and 10.02.13 C.6. of this code. a sian shall be posted at least 15 days prior to the date of the hearina before the BCC and shall conform to the applicable sian reauirements listed in subsections 3.c.. 3.d.. 4 and 5 below. -h 3. A sign shall be posted at least 15 days prior to the date of the public hearing by the planning commission. The sign to be posted shall contain substantially the following language and the sign's copy shall utilize the total area of the sign: a, PUBLIC HEARING TO REZONE THIS PROPERTY: FROM TO TO PERMIT: DATE: TIME: (or where applicable the following:) !1. PUBLIC HEARING REQUESTING CONDITIONAL USE (VARIANCE) APPROVAL (both to contain the following information:) TO PERMIT: (Sufficiently clear to describe the project) DATE: TIME: TO BE HELD IN COMMISSIONERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER c. The sian advisina of the PUD extension hearina shall be in substantially the followina format: PUBLIC HEARING FOR A PLANNED UNIT DEVELOPMENT (PUD) EXTENSION TO PERMIT: BCC) DATE: (set forth alternatives aoina to the TIME: Page 123 of 156 ALL OF THE ABOVE TO BE HELD IN COMMISSIONERS MEETING ROOM. COLLIER COUNTY GOVERNMENT CENTER. HARMON TURNER BUILDING, 3301 E. TAMIAMI TRAIL. NAPLES. FLORIDA. 34112. £L. The area of the signs shall be as follows: a,. i. For properties less than one acre in size, the sign shall measure at least one and one-half square feet in area. a.,. & For properties one acre or more in size, the sign shall measure at least 32 square feet in area. 6- 4. In the case of signs located on properties less than one acre in size, a sign shall be erected by the County Manager or his designee in full view of the public on each street side of the subject property. Where the property for which approval is sought is landlocked or for some other reason the signs cannot be posted directly on the subject property, then the sign or signs shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property. ð:- 5, In the case of signs located on properties one acre or more in size, the applicant shall be responsible for erecting the required sign(s). A sign shall be erected in full view of the public on each street upon which the subject property has frontage. Where the subject property is landlocked, or for some other reason the signs cannot be posted directly on the property, then the sign or signs shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property. There shall be at least one sign on each external boundary which fronts upon a street, however, in the case of external boundaries along a street with greater frontages than 1,320 linear feet, signs shall be placed equidistant from one another with a maximum spacing of 1,000 linear feet, except that in no case shall the number of signs along an exterior boundary fronting on a street exceed four signs. The applicant shall provide evidence to the planning GervioeG department County Manaaer or his desianee that the sign(s) were erected by furnishing photographs of the sign(s) showing the date of their erection at least ten days prior to the scheduled public hearing by the planning commission, whichever has jurisdiction. The signs shall remain in place until the date of either of the following occurrences: 1. Final action is taken by the board of county commissioners or 2. The receipt of written notification by the planning GervioeG department direotor County Manaaer or his desianee from the applicant requesting to withdraw the petition or requesting its indefinite continuance. 4:- 6. The planning commission shall hold one advertised public hearing. Notice of the time and place of the public hearing by the planning commission shall be sent at least 15 days in advance of the hearing by mail to the owner of the subject property or his designated agent or attorney, if any, á.,. 7. Notice of the time and place of the public hearing by the planning commission shall be advertised in a newspaper of general circulation in the county at least one time at least 15 days prior to the public hearing. Where applicable, the notice shall clearly describe the proposed land uses, applicable development standards, intensity or density in terms of total floor area of commercial or industrial space and dwelling units per acre for residential projects, and a description of the institutional or recreational uses when part of the development strategy, The advertisement shall also include a location map that Page 124 of 156 identifies the approximate geographic location of the subject property. €h 8. For subject properties located within the urban designated area of the future land use element of the growth management plan, notice of the time and place of the public hearing by the planning commission shall be sent by the county twice. The first notice shall be sent no less than 30 days after the receipt of a sufficient application by the pbnning serviom: department County Manaaer or his desianee. The second notice shall be sent at least 15 days in advance of the hearing. Both notices shall be sent by mail to all owners of property within 500 feet of the property lines of the land for which an approval is sought; provided, however, that where the land for which the approval is sought is part of, or adjacent to, land owned by the same person, the 500 foot distance shall be measured from the boundaries of the entire ownership or PUO, except that notice need not be mailed to any property owner located more than one-half mile (2,640 feet) from the subject property. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. +: ~ For subject properties located within areas of the future land use element of the growth management plan that are not designated urban, all of the foregoing notice requirements apply, except that written notification must be sent to all property owners within 1,000 linear feet of the subject property. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have formally requested the county to be notified. &. 10. Notice of the time and place of the public hearing by the board of county commissioners shall be advertised in a newspaper of general circulation in the county at least one time at least 15 days prior to the public hearing. .Q." .1l. The clerk to the board of county commissioners shall notify by mail each real property owner whose land is subject to rezoning, or PUO amendment, and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed ordinance or resolution. Such notice shall be given at least 15 days prior to the date set for the public hearing, and a copy of such notices shall be kept available for public inspection during the regular business hours of the clerk to the board of county commissioners. 4Q.,. 12. The board of county commissioners shall hold one advertised public hearing on the proposed ordinance or resolution and may, upon the conclusion of the hearing, immediately adopt the ordinance or resolution. C. Development of Reaionallmpact (DR/) Procedures. 1. Purpose. The purpose of this section is to set forth the reauirements for the establishment of ORis. the amendment of ORI development orders and the abandonment of ORis. 2. Notice of Plannina Commission Hearina. a. Sianaae. The sianaae reauirements advertisina Collier County Plannina Commission hearinas shall be as set forth in subsections 10.03.05 B.3, throuah B.5. of this code. The reauired sian shall be in substantially the followina format: Page 125 of 156 PUBLIC HEARING REQUESTING DEVELOPMENT OF REGIONAL IMPACT APPROVAL/AMENDMENT OF A DRI DEVELOPMENT ORDER/ABANDONMENT OF DRI STATUS (select applicable option) TO PERMIT: (Sufficientlv clear to describe the project) DATE: TIME: TO BE HELD IN THE BCC MEETING ROOM. COLLIER COUNTY GOVERNMENT CENTER. HARMON TURNER BUILDING. 3301 E. TAMIAMI TRAIL. NAPLES. FLORIDA. 34112. b. Notice to Prooertv Owners. The individual notice to property owners for the Collier County Plannina Commission hearina shall be as set forth in subsections 10.03.05 B.6.. 10.03.05 B.8.. and 10.03.05 B.9. of this code. c. Newsoaoer advertisement. The reauirements for the newspaper advertisement of the Collier County Plannina Commission hearina shall be as set forth in subsection 10.03.05 B,7. of this code. 3. Plannina Commission Hearina. The Plannina Commission shall hold one advertised public hearina on the proposed establishment of the DR!. amendment of DRI development order or abandonment of DRI development order. as the case may be. 4. Notice of BCC Hearina. a. Notice to Prooertv Owners. The individual notice to property owners shall be as set forth in subsection 10.03.05 B.11. of this code. b. Newsoaoer advertisement. The reauirements for the newspaper advertisements of the BCC hearina shall be as set forth in subsection 10.03.05 B.1 O. of this code and subsection 380.06 (11 ). Florida Statutes. as may be amended. 5. BCC Hearina. The BCC shall hold one advertised public hearina on the proposed establishment of the DR!. amendment of DRI development order. or abandonment of DRI development order. as the case may be. Upon conclusion of the hearina. the BCC may immediatelv adopt the resolution approvina the establishment of the DR!. amendment of DRI development order. or abandonment of DRI development order. as the case may be. 6. StatutoN Reauirements. All statutory reauirements as set forth in subsections 380.06 (9) throuah (12). 380.06 (19) and 380.06 (26). Florida Statutes. as may be amended. toaether with the implementina reaulations applicable to ORis set forth in the Florida Administrative Code shall applv. ~ D. Notice and public hearing where proposed amendment initiated by the board of county commissioners would change the zoning map designation of a parcel or parcels of land involving less than ten contiguous acres of land. In cases in which the proposed comprehensive rezoning action, including but not limited to those provided for in the Zoning Reevaluation Ordinance (90-23) [Code ch. 106, art. II], initiated by the board of county commissioners or its designee involves less than ten contiguous acres of land [such provisions] shall be enacted or amended pursuant to the following public notice and hearing requirements by the planning commission and the board of county commissioners. Page 126 of 156 * * * * * * * * * * * * * * * .Q..,. E. Notice and public hearing requirements where proposed amendment initiated by the board of county commissioners would change the zoning map designation of a parcel or parcels involving ten contiguous acres or more of land in the county or would change the actual list of permitted, conditional, or prohibited uses of land within a zoning category. Ordinances or resolutions initiated by the board of county commissioners which propose to change to the zoning map designation of a parcel or parcels of land involving ten acres or more of land, or which changes the actual list of permitted, conditional or prohibited uses of land within a zoning category shall be enacted or amended pursuant to the following minimum public notice and hearing requirements: * * * * * * * * * * * * é-:- E. Public participation requirements for rezonings, PUD amendments, conditional uses, variances or parking exemptions. 1. Applicants requesting a rezoning, PUD amendment, or conditional use approval must conduct at least one Neighborhood Informational Meeting ("NIM") after initial staff review and comment on the application and before the Public Hearing is scheduled with the Planning Commission, The appropriate number of staff reviews of the application returned before the NIM can be held will be at the discretion of the County Manager or his designee, only in cases where one or two pending reviews are unnecessarily hindering the applicant from presenting the proposal to the public. Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the county pursuant to section 10.02.12 G 10.03,05 B. above. Notification shall also be sent to property owners, condominium and civic associations whose members are impacted by the proposed land use changes and who have formally requested the county to be notified. A list of such organizations must be provided and maintained by the county, but the applicant must bear the responsibility of insuring that all parties are notified. A copy of the list of all parties noticed as required above, and the date, time, and location of the meeting, must be furnished to the planning servicOE: department County Manaaer or his desianee and the office of the board of county commissioners no less than ten days prior to the scheduled date of the neighborhood informational meeting. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must further cause a display advertisement, one-fourth page, in type no smaller than 12 point and must not be placed in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The advertisement is to be placed within a newspaper of general circulation in the county at least seven days prior to, but no sooner than five days before, the neighborhood informational meeting. The Collier County staff planner assigned to attend the pre-application meeting, or designee, must also attend the neighborhood informational meeting and shall serve as the facilitator of the meeting, however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and to provide a copy of same to the planning services department County Manaaer or his desianee. * * * * * * * * * * * * Page 127 of 156 * * * * -F-:- G, Planning commission hearing and report to the board of county commissioners. * * * * * * * * * * * * G:- .Ii. Nature of requirements of planning commission report. When pertaining to the rezoning of land, the report and recommendations of the planning commission to the board of county commissioners required in 10.02.12 D. shall show that the planning commission has studied and considered the proposed change in relation to the following, when applicable: * * * * * * * * * * * * M:-1 Adequate public facilities. The petitioner may provide all required existing community and public facilities and services for the requested rezone needs in anyone of the following manners: * * * * * * * * * * * * h J. Other proposed amendments. When pertaining to other proposed amendments of these zoning regulations, the planning commission shall consider and study: * * * * * * * * * * * * J.:. K. Restrictions, stipulations and safeguards, The planning commission may recommend that a petition to amend, supplement or establish a zoning district be approved subject to stipulations, including, but not limited to limiting the use of the property to certain uses provided for in the requested zoning district. The governing body, after receiving the recommendation from the planning commission on a request to amend, supplement or establish a zoning district, may grant or deny such amendment or supplement and may make the granting conditional upon such restrictions, stipulations and safeguards as it may deem necessary to ensure compliance with the intent and purposes of the growth management plan. .1. Restrictions, stipulations and safeguards attached to an amendment, supplement, or establishment of a zoning district may include, but are not limited to those necessary to protect adjacent or nearby landowners from any deleterious effects from the full impact of any permitted uses, limitations more restrictive than those generally applying to the district regarding density, height, connection to central water and sewer systems and stipulations requiring that development take place in accordance with a specific site plan. The maximum density permissible or permitted in a zoning district within the urban designated area shall not exceed the density permissible under the density rating system. The board of county commissioners shall be required to condition and limit the density of a zoning district to a density not to exceed the maximum density permissible under the density rating system. The governing body may also stipulate that the development take place within a given period of time after which time public hearings will be initiated and the district returned to the original designation or such other district as determined appropriate by the governing body in accordance with the growth management plan and sections 10.02.12 D. and 10,02.08 L. Any restrictions, stipulations and safeguards attached to an amendment or rezoning including those identified in section 10.02.08 H. may be indicated on the official zoning atlas in a manner deemed by the county to be appropriate and informative to the public, In cases where stipulations, restrictions or safeguards are attached, all representations of the owner or his agents at public hearings shall be deemed contractual and may be enforced by suit for injunction or other appropriate relief. All conditions, restrictions, stipulations and safeguards which are a condition to the granting of the change in zoning district shall be deemed contractual and may be enforced by suit for injunction or other appropriate relief. All costs, including reasonable attorney's fees shall be awarded to the Page 128 of 156 * governmental unit if it prevails in such suit. .:t-:. £ Dedication of public facilities and development of prescribed amenities. a. Public facility dedication. The board of county commissioners may, as a condition of approval and adoption of the rezoning required that suitable areas for streets, public rights-of-way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use. Where impact fees are levied for one or more such public facilities, the market value of the land set aside for the public purpose shall be credited towards impact fees to the extent authorized by the County's Consolidated Impact Fee Ordinance. Said credit shall be based on a negotiated amount not greater than the market value of the set aside land prior to the rezoning action, as determined by an accredited appraiser from a list approved by Collier County. Said appraisal shall be submitted to the county attorney's office and the real property office within 90 days of the date of approval of the rezone, or as otherwise extended in writing by Collier County, so as to establish the amount of any impact fee credits resulting from said dedication. Failure to provide said appraisal within this 90-day time frame shall automatically authorize the county to determine the market value of the property. Impact fee credits shall only be effective after recordation of the conveyance document conveying the dedicated property to Collier County. Where the term Collier County is used in this section, it shall be construed to include the Collier County Water and Sewer District or other agency or dependant district of Collier County Government. b. Land set aside and/or to be improved as committed as part of the rezoning approval shall be deeded or dedicated to Collier County within 90 days of receipt of notification by the county that the property is needed for certain pending public improvements or as otherwise approved by the board of county commissioners during the rezoning approval process. In any case, however, the county shall take title to the set aside property, at the latest, by a date certain established during, and condition on, the approval of the rezoning action. At no cost to the county, the land set aside and/or to be improved shall be made free and clear of all liens, encumbrances and improvements, at the developer's sole expense, except as otherwise approved by the board. Failure to deed the land or complete the dedication within the 90 day appropriate time frame noted above may result in a recommendation to the board of for consideration of rezoning the subject parcel from its current zoning district to an appropriate zoning district and may in a violation of this Code pursuant to section 8.08.00. c. Should the dedication of land also include agreed upon improvements, said improvements shall be completed and accepted by Collier County Board of Commissioners at the development phase which has infrastructure improvements available to the parcel of land upon which said improvements are to be made, or at a specified time provided for within the ordinance approving the rezone. K,. b. Status of planning commission report and recommendations. The report and recommendations of the planning commission required by section 10.02.08 D. through H. shall be advisory only and not be binding upon the board of county commissioners. * b M. Board of county commissioners: action on planning commission report. * * * * * * * * * * * Page 129 of 156 * * M- N, Failure of board of county commissioners to act. If a planning commission recommendation is not legislatively decided within 90 days of the date of closing of the public hearing by the board of county commissioners, the application upon which the report and recommendation is based shall be deemed to have been denied, provided that board of county commissioners may refer the application to the planning commission for further study. N-:- O. Limitations on the rezoning of property. * * * * * * * * * * * * Q.,. P. Applications for rezones to a specific use. The applicant for any rezoning application may, at his or her option, propose a specific use or ranges of uses permitted under the zoning classification for which application has been made. As a condition of approval of such proposal, the development of the property which was the subject of the rezoning application shall be restricted to the approved use or range of uses. Any proposed addition to the approved use or range of uses shall require resubmittal of a rezoning application for the subject property. ~ a. Waiver of time limits. The time limits of (N) above may be waived by three affirmative votes of the board of county commissioners when such action is deemed necessary to prevent injustice or to facilitate the proper development of Collier County. ~ R. Site development plan time limits. Approved final site development plans (SOPs) only remain valid and in force for two years from the date of approval unless construction has commenced as specified in section 10.02.03 of this Code, If no development, Le., actual construction, has commenced within two years, measured from the date of such site development plan approval, the site development plan approval term expires and the SOP, is of no force or effect; however, one amendment to the SOP, may be approved, prior to the expiration date, which would allow the SOP as amended to remain valid for two years measured from the date of approval of the amendment so long as the proposed amendment complies with the requirements of the then existing code. Once construction has commenced, the approval term will be determined by the provisions of section 10.02.03 of this Code. R- S. Rezoning application processing time. An application for a rezoning, amendment or change will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. An application for a rezoning, amendment or change will be considered "closed" when the petitioner withdraws the subject application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of six months. An application deemed "closed" will not receive further processing and shall be withdrawn. An application "closed" through inactivity shall be deemed withdrawn. The planning corviool:: dop3rtmont County Manaqer or his desiqnee will notify the applicant of closure, however, failure to notify by the county shall not eliminate the "closed" status of a petition. An application deemed "closed" may be re-opened by submission of a new application, repayment of all application fees and the grant of a determination of "sufficiency". Further review of the request will be subject to the then current code. * * * * * * * * * * * * SUBSECTION 3.FF. AMENDMENTS TO APPENDIX A STANDARD LEGAL DOCUMENTS FOR BONDING OF REQUIRED IMPROVEMENTS Page 130 of 156 Appendix A Standard Legal Documents for Bonding of Required Improvements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: APPENDIX A STANDARD lliGAL PERFORMANCE SECURITY DOCUMENTS FOR SaNDING OF REQUIRED IMPROVEMENTS The following specimen forms are to be used as a guide te for preparation of bonding instruments which will be submitted to the Collier County b.!2oard of eCommissioners for guaranteeing the completion of required improvements with respect to this eCode. Adherence to the forms will assure an expeditious review by the aDevelopment ô§ervices aDepartment and the Collier County a,8ttorney's eOffice. Deviation in substance or form from the suggested specimen forms may result in a substantial delay or disapproval of the bonding provisions for the fRequired +!mprovements by the aDevelopment ô§ervices aDepartment or the eCounty a,8ttorney's eOffice. These specimen forms may be revised from time to time by resolution of the b.!2oard of eCounty eCommissioners. IRREVOCABLE STANDBY LETTER OF CREDIT NO. (insert issuer's identifying number) ISSUER: (insert full name.. aM 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 Offioo of tho County /\ttornoy, Collior County Courthouso Complex Enqineerinq Review Services. 2800 North Horseshoe Drive, Naples, Florida 34104. AMOUNT: $ (insert dollar amount) (U.S.) up to an aggregate thereof. CREDIT AVAILABLE WITH: Issuer. BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "(insert name of Applicant) has failed to construct and/or maintain the improvements associated with that certain plat of a subdivision known as (insert name of subdivision) or a final inspection satisfactory to Collier County has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary." DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under (insert name of Issuer) Credit No, (insert Issuer's number identifying this Letter of Credit), dated (insert original date of issue.)" The original Letter of Credit and all amendments, if any, must be presented for proper endorsement. This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to any document, instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Page 131 of 156 Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this Credit will be duly honored by Issuer if presented within the validity of this Credit. This Credit is subject to the Uniform Customs and Practice for Documentary Credits (~ 1993 Revision) International Chamber of Commerce Publication No. 4Q.Q 500. ,....f I~~. .~.\ By: _ (insort titlo of corpor~:1to offioer muct be cignod by Presidont, Vi co Procidont or Chiof .... ~... , (Name of Issuer) Bv: Printed Name/Title (President. Vice President. or CEO) (Provide proper Evidence of Authoritv) Page 132 of 156 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that (NAME OF OWNER) (ADDRESS OF OWNER) (hereinafter referred to as "Owner") and (NAME OF SURETY) (ADDRESS/TELEPHONE NUMBER OF SURETY) (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"), This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period") . NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this day of (Owner's witneGs and signature block) (Surety's witness and signature block) (notary and aakne'.vledgment for both Owner and Surety required) WITNESSES: (Owner Name and Title if Corporation) Bv: Printed Name Printed NamelTitle (Provide Proper Evidence of Authoritv) Page 133 of 156 Printed Name ACKNOWLEDGMENT STATE OF COUNTY OF THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF . 20 . BY (NAME OF A CKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME. OR HAS PROCUCED AS IDENTIFICATION. Notary Public - State of (SEAL) Printed Name WITNESSES: (Surety Name and Title if Corporation) By: Printed Name Printed Name/Title (Provide Proper Evidence of Authority) Printed Name ACKNOWLEDGMENT STATE OF COUNTY OF THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF .20 . BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME. OR HAS PROCUCED AS IDENTIFICATION. Notary Public - State of (SEAL) Printed Name Page 134 of 156 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"). RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: B. The subdivision will include certain improvements which are required by Collier County ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by , a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement, the "Required Improvements" are limited to those described in the Estimate. C. Sections 10.02.05 fCJ and 10.02.04 of the Collier County Subdivision Code Division of the Unified Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. Lender has entered into a construction loan agreement with Developer dated . Account No. (the "Construction Loan") to fund the cost of the Required Improvements. E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is $ , and this amount represents 110% of the Developer's engineer's estimate of the construction costs for the Required Improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer, the Board and the Lender do hereby covenant and agree as follows: 1. Developer will cause the water, sewer, roads, drainage and like facilities, the Required Improvements, to be constructed pursuant to specifications that have been approved by the Development Services Director within months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Lender to hold $ Loan, in escrow, pursuant to the terms of this Agreement. from the Construction 3. Lender agrees to hold in escrow $ from the Construction Loan, to be disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement shall not constitute a draw against the Construction Loan fund, but that only such funds as are actually disbursed, whether pursuant to this Agreement or a provision of the Construction Loan, shall accrue interest. 4. The escrowed funds shall be released to the Developer only upon written approval of the Development Services Director who shall approve the release of the funds on deposit not more than once a month to the Developer, in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work costs less ten percent (10%); and further, that upon completion of the work, the Development Services Director shall approve the release of any remainder of escrowed funds except to the extent of $ which shall remain in escrow as a Developer guaranty of maintenance of the Required Improvements for a minimum period of one (1) year pursuant to Paragraph 10 of the Agreement. However, in the event that Developer shall fail to comply with the requirements of this Agreement, then the Lender agrees to pay to the County immediately upon demand the balance of the funds held in escrow by the Lender, as of the date of the demand, provided that upon payment of such balance to the County, the County will have executed and delivered to the Lender in exchange for such funds a statement to be signed by the Development Services Director to the effect that: (a) Developer for more than sixty (60) days after written notification of such failure has failed to comply with the requirements of this agreement; Page 135 of 156 (b) The County, or its authorized agent, will complete the work called for under the terms of the above-mentioned contract or will complete such portion of such work as the County, in its sole discretion shall deem necessary in the public interest to the extent of the funds then held in escrow; (c) The escrow funds drawn down by the County shall be used for construction of the Required Improvements, engineering, legal and contingent costs and expenses, and to offset any damages, either direct or consequential, which the County may sustain on account of the failure of the Developer to carry out and execute the above-mentioned development work; and, (d) The County will promptly repay to the Lender any portion of the funds drawn down and not expended in completion of the said development work. 5. Written notice to the Lender by the County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the Lender for release of only those tAe specified funds to the Developer. Payment by the Lender to the Developer of the amounts specified in a letter of authorization by the County to the Lender shall constitute a release by the County and Developer of the Lender for the specified funds disbursed in accordance with the letter of authorization from the County. 6. The Required Improvements shall not be considered oomplete for preliminarv approval until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Subdivision Regulations, 7. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the Required Improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 8. Should the funds held in escrow be insufficient to complete the Required Improvements, the Board, after duly considering the public interest, may at its option complete the Required Improvements and resort to any and all legal remedies against the Developer. 9. Nothing in this Agreement shall make the Lender liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provisionª; provided, that the Lender does not release any monies to the Developer or to any other person except as stated in this Escrow Agreement,. to include closina the account. or disbursina any funds from the account without first reauestina and receivina written approval from the County. 10. The Developer shall maintain all Required Improvement for one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer and upon submission of a written request for inspection, the Development Services Director shall inspect the Required Improvements and, if found to be still in compliance with the Code as reflected by final approval by the Board, the Lender's responsibility to the Board under this Agreement is terminated. The Developer's responsibility for maintenance of the Required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 11. All of the terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the Developer and the Lender. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this _ day of 20_. I æ' æ [¡Developer No",el AND DE~IVERED IN THE PRESENCE Q.F.:. Page 136 of 156 n. . Printed or Printed or ~ ..,--- =-- "'~~~ - Printod or T.,_ .... "'~~~ rI . D.,. - Printed or Printed or ~ , "I~~~ T:,_~"'" "I~~~ - Printod or :;:-- , "'~~~ ^ TTEST: DWIGHT BO/\RD OF E. BROCK, CLERK COUNTY _ Deputy Clork COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Ch:Jirman Approvod os to form ond logol sufficioncy: r-~, ._~.. .. SIGNED IN THE PRESENCE OF: (Name of Entity) ~ - Printed Name Print Name/Title (President. VP. or CEO) (Provide Proper Evidence of Authority) - Printed Name ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk ~ . Chairman Approved as to form and leaal sufficiency: Assistant County Attorney 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." Page 137 of 156 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: 1. Developer will cause to be constructed: within months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $ which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code, 5, The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements, The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete, Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Page 138 of 156 Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein, The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9, All of the terms, covenants and conditions herein contained are anº- 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, SE/\LED [Developer Name] /\ND DELIVERED IN THE PRESENCE GF.7 1:1". - Printed or - Printed or T",.,......rI ~ T, .... ~ Title - Printed or T",.,......rI ~ ^ TTEST: DWIGHT BO/\RD OF E. BROCK, CLERK COUNTY _ Deputy Clerk COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Chairman Approved DE to form and legal Euffioiency: '" AU SIGNED IN THE PRESENCE OF: (Name of Entitv) Bv: Printed Name/Title (President. VP. or CEO) (Provide Proper Evidence of Authoritv) - Printed Name - Printed Name ATTEST: Page 139 of 156 DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA Bv: Deputv Clerk ~ . Chairman Approved as to form and leaal sufficiency: Assistant County Attornev Page 140 of 156 CONSTRUCTION AND M/\INTENANCE .A.GREEMENT FOR SUBDIVISION IMPROVEMENTS OF COMMUNITY DEVELOPMENT DISTRICTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDI\/ISION IMPROVEMENTS OF COMMUNITY DEVELOPMENT DISTRICTS (thie: "/\grooment") ie: ontorod into thie: day of , 20 by and among , an independont e:pooial district and body politic of tho Stato of Florida (tho "Dictrict"), (tho "Dovolopor") and tho BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (tho "Board"). RECITALS: A. Simultanoously horowith, tho Devolopor has appliod for Board approval of that oortain plat of tho e:ubdivie:ion to bo known m: (tho "Plat"), B, Chaptore: -4 and 10 of the Collior County Land Dovelopmont Codo (the "Codo") roquiroe: tho Die:triot and tho Dovolopor to provido oortain guarantees to tho Board in oonnootion vlith tho oone:truotion of the improvomonte: roquirod by the Plat. C. Tho Die:triot and tho Dovolopor desire to pro'/ido tho required guarantoos to tho Board horeby. NOW, THEREFORE, in cone:idoration of tho foregoing promisoe: and tho mutual oovonantc horoinaftor cot forth, the Distriot, tho Dovolopor and tho Board do horeby oovonant and agroo ae followe: OPERATIVE PROVISIONS: 1. Roquirod Improvements. The Die:triot will oause to bo oonetruotod: (oollootivoly, tho "Required Imprevomonte"). Subjoot to Paragraph 3 horoof, the Roquirod Improvemonte v:ill bo oone:truotod within thirty eix (36) months from tho dato that tho Board appro'.'oe tho Plat. 2. $ocurity for Requirofl !mprovemonts. 1\ oonstruction fund (tho "Cone:truction Fund") hae: boon oe:tablishod by rosolution of tho Dietriot adopted on , 19/20 (cirolo one) (the "Bond Roeolution") from which tho ooet of oonstruotion of tho Roquired Improvemente chall bo paid. Tho Construction Fund shall bo hold in tho cue:tody of a bond true:too (tho "Trusteo"), Procoods of bonde: authorizod to bo iesuod by tho Die:triot pursuant to tho Bond Resolution e:hall bo dopositod, at a minimum, in tho Construction Fund ae: follow£: $ for ooe:te of tho Required Impre'lomonte (the "Com:truotion J\mount") and $ ropresenting ten percent (10%) of tho Cone:truotion Amount (tho "Roe:orvo .A,mount"). Tho Resorve Amount shall be rotainod as a resorvo in the Construotion Fund pursuant to Paragraph 5 horeof. In addition to tho forogoing, proooods of tho Bonde: e:hall bo doposited with tho True:too to bo held ae oapitalized intorost and whioh, togothor v:ith interee:t oarnod on tho Bond proooods dopoeited in tho Cone:truotion Fund, e:hall bo e:ufficiont to pay interest on tho Bonde during tho ( ) month period following tho issuanco thoroof. In addition, procoods of tho Bonds shall bo dopositod 'Nith the Trustoo in tho Dobt Sorvioo Roservo Aooount establishod by tho Bond Rosolution in an amount suffioient to pay approximatoly ( ) months of debt sorvioe on tho Bonds. Thoro shall bo suffioiont monios in tho oonstruotion fund to oonetruct the roquirod impro'/omonts and all othor improvomonts authorized by tho Bond Rosolution, ae '.'loll as to fund tho ROGorve Amount. 3. Construction of Roquirod ,'mf)fOVOmonts. (a) I\nnexed horeto and made a part horeof as Exhibit A is a Construotion Sohodulo rolating to the Requirod Impro'lomonte (the "Construotion Sohodule"). Tho Distriot shall commonoo oonstruction of tho Required Improvomonts within ( ) days follmving writton construotion appreval to tho District from the Dovolopmont Sorvioos Department and the issuanoo, e:alo and dol ivory of the Bonds (tho "Commonoemont Period"), Tho Distriot '::iII pursuo oonstruotion of tho Required Impro'Jomonte to subetantial oomplotion 'Nithin ( ) months following tho ond of tho Commoncemont Poriod (tho "Construotion Period"). Page 141 of 156 (b) In tho event tho District failc to: (i) oommonoe oonstruotion of tho RÐquirod Improvements \#ithin tho Commonoemont Poriod; or (ii) cubstantially oomploto conctruotion of tho Roquirod Impro'/omontc prior to tho oxpiration of tho Conctruction Poriod, upon ',witton notioo to Dovolopor by tho Board, Dovoloper sh:311 immodiatoly booome rocponciblo f-or tho oonctruotion of tho Roquirod Improvemontc. Tho oblig:3tion to oonctruot tho Roquirod Impro'.-omontc within tho Conctruotion Poriod chall be a joint oblig:3tion of both tho Dictriot and tho Dovelopor, 4. DCJVf),f0f3ment ðCJ:yices Dimctor's PmHmin:::lrY IIccCJ.ßk1ncCJ of RCJqui."Ðe !mpr()\«)mCJnts. Tho Dovolopment corviooc Dirootor chall not oonsidor tho Requirod Impro':omontc oomplote until a ctatomont of complotion by the Dictriot's or Dovolopor's oonsulting onginoorc:, togethor with tho final projoot rooords rolatod thoreto, havo boon furnishod for roviow :3nd :3ppro'lal to tho Devolopmont Serviooc Dirootor of Collior County, Florida (tho "Direotor") for oomplianoo 'I.'ith tho Codo. Within cixty (60) dayc of roooipt of tho ctatomont of oomplotion from tho Dictriot, tho Director chall oithor (a) notify tho Dic:triot or Dovolopor, in writing, of itc preliminary aoooptanco of tho Roquirod Improvemontc; or (b) notify tho Dictriot or Do'.-olopor, in 'I.'riting, of his refucal to proliminarily aooept tho Roquired Improvemonts, thore'::ith spooifying thoco oonditions that tho Distriot or Dovelopor muct fulfill in ordor to obtain tho Dovolopment Sorviooc Director'c Prelimin:3I)' Aoooptanoo of the Roquirod Improvomonts, In no ovont chall the Board rofuso Proliminary /\oooptanco of tho Requirod Impro'.'omontc if thoy :3ro construotod and cubmiUed for approval in aooordanoo with the roquiremontc of thic Agreomont. 5. M:lifltCJnaflÐe :lnd RCJSCJNfJ IImot1f1t. Tho Dictriot or Devolopor, as tho oaso may bo, chall maint:3in :311 Roquirod Improvomonts for a minimum of one year aftor proliminary approval by tho Dovolopment Serviooc: Dirootor. Ntor tho one yoar maintonanoo period by tho Dictriot or Dovelopor and upon submiccion of a v:ritton roquoct for incpootion, tho Dovolopmont Sorviooc Direotor or hic dOE:ignoo shall inspoot tho Roquired Impro'.'omonts and, if found to bo still in oomplianoo with tho Codo chall rocommond approval to the Board. Tho DiEtriot or DO'.'olopor'c reEponcibility for m:3intonanco of tho Requirod Impro'/omontE sh:311 continuo unlocc or until tho Board aocopts mainten:3noo rosponcibility for tho County. Sums oqu:31 to the Rocorvo Amount shall bo maintainod by tho Trustoo on depocit in tho Construction Fund until tho final :3ppro'/a of tho Roquirod Improvomontc. Tho Board shall rofloct its :3oknowlodgmont of suoh finding by notifying tho Dictrict, in writing, of itc final approv-al of tho Roquirod Improvomontc. Upon roooipt of notioo of such final approval, tho Dictrict chall no longor bo roquired undor this /\groomont to maint:3in tho Rosorve I\mount on doposit in tho Construction Fund. In tho evont that during tho inspootion tho Diroctor findc that all or soma portion of tho Requirod Improvomontc :3ro not in oomplianoo with the Codo, tho Dirootor sh:311 promptly cpooify, in writing, to the Dictriot thoco defioionoioc that must bo oorrootod in ordor to bring tho Roquirod Impro'.'oments into oompli:3noo with tho Code. Tho Dictriot shall apply tho Rocorvo /\mount to paymont of tho oost of oorrooting suoh dofioionoioc, In tho ovont tho Dictriot bilE to pursuo Euoh oorrootivo :3otion, the Dovoloper Ehall bring tho Roquirod ImprovomontE into oomplianoo ':/ith tho Codo. Upon corrootion of tho specified dofioionoioc and writton notioo theroof, tho Dirootor Ehall gain incpeot tho Roquirod Improvomontc and, if found to bo in oompli:3noo with tho Codo, Ehall submit suoh findingc to the Board for itc fin:31 :3pproval thoroof. 6. P1{1t RCJÐorffation. Tho parties aoknowledgoc that this .^,greomont is a "Conctruotion and Maintonanoo I\groomont of SubdiviEion ImprovomontE" within tho moaning of, and mooting the requiromontc: ostablichod by, Divicion 3.2.9 of tho Code. Tho partioE aoknowlodgo and agreo th:3t following tho Board'c :3pproval of tho PI:3t: :3. Tho Dovelopor shall not bo ontitled to rocord tho Plat until tho Board roooivos: (1) Writton notioo from tho Trustoe that Eums :3t loast equal to tho Construotion Amount and ROE;orvo Amount are on dopocit in tho Conctruotion Fund (the "Tructoo Notioe"); (2) Writton notice from Dictriot :3nd tho Trustoo that: (a) Tho projoot for whioh bond proooodE have boon roooivod by Dic:trict inoludos tho Roquirod Improvomonts; (b) Suoh Bond proceeds aro suffioiont to financo tho Roquirod ImprovomontE ac ':/011 aE all other improvomontE to bo fin:3nood by tho Bondc (oolloctivoly "tho Projeot") and to fund tho Page 142 of 156 ROGervo Amount. Tho Trusteo's roproGontation that funds aro suffioiont to fin::moo tho Projoot for which Bond proooods ha'Jo boon rocoivod aG well as to fund the ROGorve .^,mount iG based upon tho DiGtriot Enginoor's eGtimation of oonGtruotion COGtG which iG attachod horoto and incorporatod heroin; and (c) Tho Projoct cannot be amondod or ohangod '....ithout tho consont of tho Board (tho "Projoot Notioo"); (3) A reprosontation and warranty from tho District that all govornmontal pormitG to onable tho DiGtriot to commonoe construotion of tho Roquirod Improvemonts havo boon obtainod ("Pormit VVarranty"); and b. Upon rocoipt by (of] tho Board of tho TruGtoo Notico, Projoct Notioo and tho Pormit 'Narranty, Dovoloper shall bo ontitlod to reoord tho Plat without further oondition, othor than payment of any rolatod recording foos establiGhod by applioablo la'N and tho oxooution of tho Plat by all requirod parties. 7. UabiHty. Tho County shall havo no liability whatGoo'.'er to tho bond hold Or!>. Noither the onforoomont of tho tormG of this Agreomont by tho County nor tho failure to onforoo Guch tormG shall oreato any liability ·....hatsoovor to tho bond holdors, the Distriot, or tho Dovolopor. Any disolosure documont proparod by tho District or Dovelopor in tho offering of such Bonds shall provide a statomont as dosoribod abovo rolating to the laok of liability of the County. 8. MisÐÐ.tklF1ÐOI:JS. 1\11 of tho tormG, covonants and conditions heroin oontainod are, and Ghall bo, binding upon tho rospeotivo SUOOOGGorG and assigns of tho District, Dovolopor and Board. By oxecution bolow, the Trustoo shall o'/idonoo its aoknowlodgmont of and assent to tho mattorG addreGsod horoin. Any notioo, domand, roquest or instrumont authorizod or required to be given or made horeby shall bo doomod to havo boon givon or mado whon sent by certified mail, return rocoipt roquostod, to tho appropriato party at thoir addrosG Get forth bolo'N: To tho Distriot: T~ ~h~ ~ To tho Board: c/o County Managor Collier County Govornmont Contor 3301 East Tamiami Trail Naplos, Florida 33962 '.^lith a Copy to: Collior County Attornoy Collior County GO'lornmont Contor 3301 East Tamiami Trail NaploG, Florida 33962 To tho TruGtoo: IN WITNESS WHEREOF, tho Distriot, tho Dovolopor and tho Board havo oauGed this /\groomont to be oxecuted by their duly authorizod roproGontativos as of this day of 20 SIGNED, SEALED DISTRICT: - ^ND DELIVERED IN THE PRESENCE QF.;. ^ TTEST: District By: _ltG:_ :::-- WitnosG DEVELOPER: DEVELOPER: Vlfitnoss D. . ..~. Page 143 of 156 ^ TTEST: DWIGHT BOARD: BO^RD E. BROCK, Clork OF COUNTY By: COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Chairman .^.pprovod ae; to form and Logal c. County A Aoknowlodgod and aE:£ontod to: - 3E: True;too undor tho within montionod Bond Ro£olution By:_ It£: - Dato: Page 144 of 156 CONSTRUCTION I\ND M/\INTE~J^NCE /\GREEMENT FOR SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PL^ T THIS CONSTRUCTION I\ND MAINTENANCE AGREEMENT FOR SUBDIVISON IMPROVEMENTS PRIOR TO RECORDING OF PL/\T AGREEMENT ontorod into thi~ day of , 20 bot'Noon horoinaftor roforrod to a~ "Dovolopor," and tho Board of County CommiG~ionor~ of Collier County, Florida, horoinafter referrod to a~ tho "Board." RECIT I\LS: 1. Dovolopor ha~, ~imultanoouGly with tho doli'lory of thi~ Agrooment, appliod for tho approval by tho Board of a cortain plat of a ~ubdivision to bo known as: 2. Divi~ion 3.2 of tho Colli or County Land Dovolopmont Code allo'.\'-& tho Dovelopor to con~truct tho improvements roquired by said subdivision rogulation~ prior to rocording tho final plat. NOVIJ, THEREFORE, in considoration of tho foregoing promisos and mutual co'.'onants horoinaftor sot forth, Dovolopor and tho Board do horoby covonant and agroo a~ follows: 1. Dovolopor will cause to be constructod: within months from tho dato of approval of said subdivision plat, ~aid improvomonts horoinafter referred to 3S the roquirod improvements. 2. Dovolopor herowith agroo~ to construct said impro'.'omonts prior to rocording said Gubdivision plat and tho Board of County Commi~~ionors shall not approve tho plat for rocording until s3id impro'lomont~ havo boon completod. 3. Upon complotion of said improvomonts, tho Dovolopor shall tonder its subdi'li~ion porformanco socurity in tho amount of $ 'Nhich ropro~onts ton porcent of tho total contract cost to comploto construction. Upon reoeipt of said subdi'.'ision porformanoo socurity by tho Dovolopmont Sorvice~ Dirootor, the Dovolopor may roquost tho Board of County Commis~ionors to 3PProvo tho subdivision plat for rooording 3nd gr3nt prolimin3ry 3pproval of said plat. 1. Tho roquirod improvomonts shall not be considorod oomploto until a statomont of ~ub~tantial completion by Doveloper's enginoor along with tho final projoct records havo boon furnished to be reviewod 3nd approved by tho Dovelopmont Sorvicos Director for complianco with tho Collior County Land Dovolopmont Codo. 5, Tho Dovolopmont Sorvioos Diroctor shall, within sixty (60) days of reooipt of tho statomont of substanti31 completion, either: a) notify tho Dovolopor in writing of his proliminary approv31 of tho improvomont~; or b) notify the Dovolopor in 'I.'riting of his rofus31 to approvo tho improvements, thorowith specifying thoso conditionG whioh tho dovoloper must fulfill in ordor to obtain tho Dirootor's approval of tho impro'.'omonts. Howovor, in no ovont Ghall tho Dovolopment Services Director refuse proliminary approval of the impro'.'omonts if thoy 3re in bet constructed 3nd submittod for approval inn acoord3nco with tho roquiromonts of this /\greomont. 6. The Devoloper shall m3int3in 311 required improvomont~ for a minimum poriod of one yoar aftor proliminary approval by tho Dovolopmont SorvicOG Diroctor. Aftor the one yoar maintonanco poriod by tho Dovolopor haG torminatod, the Dovolopor Ghall potition tho Dovolopmont Services Director to inspeot tho roquirod improvomonts. The Devolopmont Sorvicos Director or his designeo Sh311 inspect tho improvomontG and, if found to bo Gtill in compli3nco with tho Collior County Land Dovolopmont Codo as rofloctod by final approval by tho Board, the B03rd sh311 rele3se the ten percont subdiviGion porformanoe Gocurity. Tho Developor'G ro~ponGibility for maintonanoo of the requirod improvomonts sh311 continuo unlo~~ or until tho Board aooopts maintonanoo rOGponsibility for tho County. 7. In the event the Developor shall f3il or nogloot to fulfill its obligation undor this /\groomont, upon oortification of suoh failuro, tho County Administrator may call upon tho Gubdi'lision porformanoo Gocurity to soouro satisfaotory oomplotion, ropair and maintonanoo of tho roquirod improvomonts, Tho Board shall havo tho right to oonstruot 3nd maintain, or Page 145 of 156 cause to be conGtruoted and maintained, pursuant to public ad'.'ertisement and reoeipt of acceptance of bid!::, the improvement!:: required herein. The Developer, as principal under the !::ubdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total coe:t to the Board theroof, including, but not limited to, engineoring, legal and oontingent coe:te:, together with any damages, either direot or oone:equential, which the Board may Gustain on account of the failure of the De'.-eloper to fulfill all of the provie:ione: of thie: /\groement. 8. All of the terms, covonante: and conditione: herein oontained are and e:hall be biding upon the Developer and the ree:pective e:uccee:!::or£ and assigne: of the developer. IN VVITNESS WHEREOF, the Board and the Developer have oaused thie: Agreement to be exeouted by their duly authorized representatives thie: day of , 20 '.^!itne!::£e£ to (Developer Name) (entitv) Developer By: _ (printed name and VVitnee:e:es to (Lender Name) ATTEST: D\NIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Chairman SUBSECTION 3.GG. AMENDMENTS TO APPENDIX C FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION Appendix C Final Subdivision Plat, Required Certifications and Suggested Text and Formats for Other Required Information, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: APPENDIX C FINAL SUBDIVISION PLAT, REQUIRiD CERTIFICATIONS AND SUGGESTED TEXT /\ND FORM/\TS FOR OTHER REQUIRED INFORMATION APPENDIX C FINAL SUBDIVISION PLAT. REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION (See LDC section 10.02.04 for applicable, specific provisions) The following text and format are intended as a guide for preparere: preparation of those platting materials required to be submitted to reviewing authorities, including the ~.Eroject fReview s§ervices åDepartment, tJUtilities åDivision, eCounty -AHealth åDepartment, eCounty a8ttorney and the eªoard of eCounty eCommissioners. Adherence to this format and text will substantially expedite review. Substantial deviation in substance or form from the suggested text and format may result in delay or disapproval of the submitted plat. SURVEYOR'S CERTIFICATE SURVEYOR'S CERTIFICATE I State of Florida I t Page 146 of 156 I County of Collier I ~ lðS Tho undorsignod horeby cortifios that this plat was propared by mo or undor my suporvision and that tho depictod survoy data complies with all of tho requiremonts of Chaptor 177, Part I, Florida Statutos. Pormanont roforenco monumonts will bo sot prior to the recording of this plat and pormanont control points and lot cornors will bo sot prior to final accoptanco of roquirod imprevomonts. I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED FROM A BOUNDARY SURVEY OF THE PROPERTY PERFORMED BY ME. OR UNDER MY SUPERVISION. AS PROVIDED IN CHAPTER 177.041 FLORIDA STATUTES AND THAT THIS PLAT COMPLIES WITH ALL THE REQUIREMENTS OF CHAPTER 177. PART 1. AS AMENDED. FLORIDA STATUTES. IT IS FURTHER CERTIFIED THAT ALL PERMANENT REFERENCE MONUMENTS WILL BE SET PRIOR TO THE RECORDING OF THIS PLAT AND THAT THE PERMANENT CONTROL POINTS AND LOT CORNERS WILL BE SET PRIOR TO FINAL ACCEPTANCE OF THE REQUIRED IMPROVEMENTS. ,~. .--\ I /['), . I Florida Profossional Land Survoyor No. Dato I (sianature) (TYPED OR PRINTED NAME HERE) Include Florida Professional Land Surveyor No. DATE COUNTY COMMISSION /\PPROV,^.L COUNTY CI::;;~:~OV[ I SS STATE OF FLORIDA COUNTY OF COLLIER This plat approvod for rocording in a rogular opon mooting by the Board of County Commissionors of Collior County, Florida, this day of , 20 A.D., pro':idod that tho plat is filod in tho offioo of the Clork of tho Circuit Court of Collior County, Florida. THIS PLAT APPROVED FOR RECORDING IN A REGULAR OPEN MEETING BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. THIS DAY OF .20. PROVIDED THAT THE PLAT IS FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF COLLIER COUNTY. FLORIDA. __, Clork _ Chairman, Board of County Commissionors Collior County, Florida DWIGHT E. BROCK CLERK OF CIRCUIT COURT IN AND FOR COLLIER COUNTY (Name of Chairman). CHAIRMAN BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FILING RECORD FILING RECORD I horeby certify that this plat has boon oxaminod by mo and that it complios in form "',lith tho roquiroments, of Chaptor 177, Florida Statutos. I furthor cortify that said plat was filed for rocord at (a.m. or p.m.) this day of , 20 , /\.0. and duly recordod in Plat Book Pago(s) , inclusivo, of tho Public Rocords of Collier County, Florida. I HEREBY CERTIFY THAT THIS PLAT HAS BEEN EXAMINED BY ME AND THAT IT COMPLIES IN FORM WITH THE REQUIREMENTS. OF CHAPTER 177. FLORIDA STATUTES. I FURTHER CERTIFY THAT SAID PLAT WAS FILED FOR RECORD AT (a.m. or p.m.) THIS DAY OF .20. AND DULY RECORDED IN PLAT BOOK PAGE(S). INCLUSIVE. OF Page 147 of 156 THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. I ,Clork By: DWIGHT E. BROCK CLERK OF CIRCUIT COURT IN AND FOR COLLIER COUNTY ENGINEERING SERVICES ENGINEERING REVIEW SERVICES Thi£; Plat approved by tho Enginooring Ro':io\'" Sorvioos Sootion of tho Community Dovolopmont Division of Collier County, Florida this day of , 20; ,I\,D.. THIS PLAT APPROVED BY THE ENGINEERING SERVICES DEPARTMENT OF THE COMMUNITY DEVELOPMENT DIVISION OF COLLIER COUNTY, FLORIDA THIS DAY OF .20 I Diroõt~~g~~~ng~~~~~I~~~oos (TYPED NAME) ENGINEERING SERVICES DIRECTOR/COUNTY ENGINEER COLLIER COUNTY, FLORIDA COUNTY ATTORNEY COUNTY ^ TTORNEY Thi£; Plat approvod by tho Collior County .^.ttornoy thi£; day of 20 , 1\.0. THIS PLAT APPROVED BY THE COLLIER COUNTY ATTORNEY THIS ,20 DAY OF I ¡:;-- ;~lIior County I ' ,ttorn (TYPED NAME) ASSISTANT COUNTY ATTORNEY DEDICATIONS DEDICATlONt:~f~I::r Ii STATE OF FLORIDA COUNTY OF COLLIER 188 KNOW ALL MEN BY THESE PRESENTS that land£; do£;oribod horeon, havo oau£;od thi£; plat entitled mado and do hereby: KNOW ALL MEN BY THESE PRESENTS THAT (OWNER(S)) , THE OWNER(S) OF THE LANDS DESCRIBED HEREON. HAVE CAUSED THIS PLAT ENTITLED (NAME OF SUBDIVISION) TO BE MADE AND DO HEREBY: (owner(£;)), the ownor(£;) of (name of subdivi£;ion) to bo ,^... Dodioato to Collior County or tho public: 1. Tho right£; of way or depiotod streots, road£;, or ingreGs & egress easemont£; a£; £;hoym horeon for tho purpo£;o of acce£;£;, ingross & egress and ::my othor purpo£;o£; £;ho.....n. 2. Any tract£; or oa£;omonts intonded to bo oon':oyod to tho public for suoh purpoe;o£; ae: thoy may bo roquired, Lo., canal rights of way/easomont£;, drainago or £;torm',vater managomont oaGomonts. B. To Collior County Wator Sower Di£;trict or any othor applicable entity: Lo., Immokaloo Wator Sowor Distriot, oto.: Page 148 of 156 1. all ..'..ator and Eower utility facilitios constructod within this plattod aroa, upon accoptance of tho improvomonts roquirod by tho applicablo land dovolopmont regulations. 2. To Collior County VVator Sowor District (or any othor applicablo ontity: Lo., Immokaloo "Vator Sowor District, etc.) indioatod. C. Dodicato to tho insort appropriato ontity name(s) home/proporty/lot owners' m:sociation, or to any othor lawfully existing entity, whioh mUEt havo tho powor or authority to porform tho obligation to maintain being dedicated, along with tho rosponsibility for Euch maintonanco: 1. Privato road rightE of way, 2, Drainago or stormwator management eaEementE, ð, LandEcapo buffor oaEomonts, 1. Lake maintonanco oasomonts, 5. I'.ccoss oasomonts, 6. Or any othor Eimilar om;omont or tract intendod to be dedioated f.or a EOt purposo(s) Such tracts or oasomonts must bo dodicatod to a homoo'l.'nor's assooiation or to any othor lawfully oxisting ontity which has or 't.'ould havo at tho timo of final plat rocording tho powor or authority to porform tho obligation to maintain, along with tho rosponsibility for such maintonanco. D. /\ non oxclusivo public utility oasomont (P.U.E.) to all licensed or franchisod public or privato utilitios as shown on this plat f.or public utility purposos, including construction, inEtallation, maintonanco, and oporation of thoir rospecti':o facilitios, including cablo tolovision sorvioos, providod that such usos bo subjoct to, and not inconsistont ':lith, tho UEO by tho Collior County Wator SO....lor Distriot. In tho event a cablo company damagos tho facilitios of anothor public utility it will bo Eololy responsiblo for said damagos. A. DEDICATE TO THE (insert homeowners' association or leaal entity) 1. Private road riahts-of-wav. as follows: TRACT uR" AS A PRIVATE ROAD RIGHT-OF-WAY (R.O.W.) (insert street name) SUBJECT TO THE EASEMENTS DEPICTED HEREON (insert easements: i.e.. R.O.W.. C.U.E..P.U.E., D.E.. etc.) WITH RESPONSIBILITY FOR MAINTENANCE. 2. Drainaae or stormwater manaaement easements as follows: ALL DRAINAGE EASEMENTS (D.E.) FOR STORMWATER MANAGEMENT PURPOSES WITH RESPONSIBILITY FOR MAl NTENANCE. 3. Landscape buffer easements as follows: ALL LANDSCAPE BUFFER EASEMENTS (L.B.E.) WITH RESPONSIBILITY FOR MAINTENANCE. 4. Lake maintenance easements as follows: ALL LAKE MAINTENANCE EASEMENTS WITH RESPONSIBILITY FOR MAINTENANCE. 5. Access easements as follows: ALL ACCESS EASMENTS WITH RESPONSIBILITY FOR MAINTENANCE. 6. Or any other similar easement or tract intended to be dedicated for a set purpose. or purposes. Page 149 of 156 7. All conservation/preserve areas/easements as follows: ALL (CONSERVATION or PRESERVE) (TRACTS or EASEMENTS) ARE DEDICATED AS COMMON AREAS WITH PERPETUAL RESPONSIBIL TY FOR MAINTENANCE. THE (CONSERVATION or PRESERVE) (TRACTS or EASEMENTS) MAY IN NO WAY BE ALTERED FROM THEIR NATURAL OR PERMITTED STATE. ACTIVITIES PROHIBITED WITHIN THE (CONSERVATION or PRESERVE) AREAS INCLUDE. BUT ARE NOT LIMITED TO. CONSTRUCTION OR PLACING OF BUILDINGS ON OR ABOVE THE GROUND: DUMPING OR PLACING SOIL OR OTHER SUBSTANCES SUCH AS TRASH: REMOVAL OR DESTRUCTION OF TREES. SHRUBS. OR OTHER VEGETATION WITH THE EXCEPTION OF EXOTIC/NUISANCE VEGETATION REMOVAL; EXCAVATION. DREDGING OR REMOVAL OF SOIL MATERIAL DIKING OR FENCING: ANY OTHER ACTIVITIES DETRIMENTAL TO DRAINAGE: FLOOD CONTROL. WATER CONSERVATION. EROSION CONTROL. OR FISH AND WILDLIFE HABITAT CONSERVATION OR PRESERVATION, Such tracts. or easements must be dedicated to a homeowners' association. or to any other lawfully existina entity which has. or would have at the time of final plat recordina. the power or authority to perform the obliaation to maintain. alona with the responsibility for such maintenance. B. DEDICATE TO COLLIER COUNTY: 1. The public riahts-of-way (insert name) or depicted streets. roads. or access. as follows: TRACT CIA" AS A PUBLIC ROAD RIGHT-OF-WAY (R.O.W.) SUBJECT TO THE EASEMENTS DEDICATED AND DEPICTED HEREON (list all ROW easements) WHICH EASEMENTS ARE SUBORDINATE TO. AND MAY NOT BE USED INCONSISTENT WITH. THE USE OF THE RIGHTS-OF-WAY BY COLLIER COUNTY FOR ROADWAY PURPOSES INCLUDING. BUT NOT LIMITED TO. PAVEMENT. ROADWAY DRAINAGE. BIKE LANES. SIDEWALKS. AND PATHWAYS. ALL (CONSERVATION or PRESERVE) (TRACTS or EASEMENTS) WITHOUT RESPONSIBIL TY FOR MAINTENANCE AND SUBJECT TO THE CONDITIONS OF THE DEDICATION IN PARAGRAPH A. 7. (name of appropriate paraaraph) ABOVE. 2. Any tracts or easements intended to be conveyed to the public for such purposes as they may be reauired. Le.. canal riahts-of- way/easements. drainaae or stormwater manaaement easements. preserve/conservation areas/easements. etc.. to include. but not be limited to the followina examples: ALL DRAINAGE EASEMENTS (D.E.) WITHOUT RESPONSIBILITY FOR MAINTENANCE. ALL LAKE MAINTENANCE EASEMENTS (L.M.E.) WITHOUT RESPONSIBILITY FOR MAINTENANCE. C. DEDICATE To THE Collier County Water-Sewer District ror any other applicable entity: Le.. Immokalee Water-Sewer District. etc.1: 1. All County Utility Easements (C.U.E.s) for the purposes of utility installation. construction. operation. or maintenance. includina the riaht of access to perform any such purpose. 2. All interim water and sewer utility facilities constructed within this platted area. upon acceptance of those interim utility facilities pursuant to the applicable County reaulations. includina those set forth in the Code of Laws and Ordinances. Chapter 134, Page 150 of 156 D. DEDICATE A NON-EXCLUSIVE PUBLIC UTILITY EASEMENT (P.U.E.) TO ALL LICENSED OR FRANCHISED PUBLIC OR PRIVATE UTILITIES AS SHOWN ON THIS PLAT FOR PUBLIC UTILITY PURPOSES. INCLUDING CONSTRUCTION. INSTALLATION, MAINTENANCE. AND OPERATION OF THEIR RESPECTIVE FACILITIES. INCLUDING CABLE TELEVISION SERVICES, PROVIDED THAT SUCH USES BE SUBJECT TO. AND NOT INCONSISTENT WITH. THE USE BY THE COLLIER COUNTY WATER- SEWER DISTRICT. IN THE EVENT A CABLE COMPANY DAMAGES THE FACILITIES OF ANOTHER PUBLIC UTILITY IT WILL BE SOLELY RESPONSIBLE FOR SAID DAMAGES. E. Roservo to tho (stato appropriato owner entity(s) namo(c)): E. RESERVE TO THE (appropriate owner entitv(s) name(s)): 1. 8,any tracts intended for "Future Development," or being retained for other stated, specific and allowed purposes. BE SURE TO PROVIDE A SEPARATE ACKNOWLEDGMENT FOR EACH OWNER I ~ESSES: -I BY:_ WITNESSES: (NAME OF ENTITY) Bv: PRINTED NAME (TYPED NAME/TITLE OF OWNER) (Include proper evidence of authority) PRI NTED NAME ACKNOWLEDGMENT STATE OF COUNTY OF THE FOREGOING DEDICATIONS WERE ACKNOWLEDGED BEFORE ME THIS DAY OF . 2004. BY (NAME OF PERSON MAKING ACKNOWLEDGMENT) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME. OR HAS PROCUCED AS IDENTIFICATION, NOTARY PUBLIC - STATE OF (SEAL) PRINTED NAME I\CKNOVVLEDGMENT All dedications and consents are to be executed and acknowledged in accordance with the applicable sections of Chapters 689 and 692 of the Florida Statutes. WAIVER AND RELE.'\SE NOTE: On , of 20 tho ownor(c) oxocuting tho Dodic::Jtion, ac tho holden:; of rocord titlo or othor cpooifiod intoroctc, oxprOE~sly 'lJaived and roloaGod the County from any claims of voctod rights and equitablo octoppol pertaining to tho iCGuanco of a Cortificato of Public Facility /\doquacy in accordanco with Collior County. PLEASE NOTE: AT THE APPLICANT'S DISCRETION, MORTGAGEE'S CONSENTS AND ACKNOWLEDGMENTS IN SUBSTANTIALLY THE FOLLOWING FORM MAY BE Page 151 of 156 PROVIDED AS A SEPARATE INSTRUMENT AS SET FORTH IN § 177.081(2), F.S., ADDITIONAL RECORDING FEES MAY BE REQUIRED IF SUCH SEPARATE CONSENTS ARE PROVIDED. MORTGAGEE'S CONSENT MORTGAGEE'S CONSENT STATE OF t FLORID^ t COUNTY OF t COLLIER STATE OF COUNTY OF (mortgagoo), authorized to transaot businoGs in tho Stato of Florida, horoby oortifios that it is tho holder of a mortgage upon the horoin dosoribed proporty as reoordod on O.R. Book Page of tho Publio Rooords of Collier County, and doos horoby join in and consont to tho dodication of tho proporty by tho ownor, and agroos that its mortgage shall bo subordinated to tho dodications shown horoon. (mortqaaee) . AUTHORIZED TO TRANSACT BUSINESS IN THE STATE OF FLORIDA. HEREBY CERTIFIES THAT IT IS THE HOLDER OF A MORTGAGE UPON THE HEREIN DESCRIBED PROPERTY AS RECORDED IN O.R. BOOK . PAGE OF THE PUBLIC RECORDS OF COLLIER COUNTY. AND DOES HEREBY JOIN IN AND CONSENT TO THE DEDICATION OF THE PROPERTY BY THE OWNER. AND AGREES THAT ITS MORTGAGE SHALL BE SUBORDINATED TO THE DEDICATIONS SHOWN HEREON. ~~~; TITLE (NAME OF ENTITY) (siqnature) (TYPED NAME AND TITLE) ACKNOWLEDGMENT STATE OF COUNTY OF THE FOREGOING MORTGAGEE'S CONSENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF . 2004. BY (NAME OF PERSON MAKING ACKNOWLEDGMENT) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME. OR HAS PROCUCED AS IDENTIFICATION. NOTARY PUBLIC - STATE OF (SEAl) PRINTED NAME All dedications and consents are to be executed and acknowledged in accordance with the applicable sections of Chapters 689 and 692 of the Florida Statutes. BE SURE TO PROVIDE A SEPARATE ACKNOWLEDGMENT FOR EACH MORTGAGE Page 152 of 156 SUBSECTION 3.HH. AMENDMENTS TO APPENDIX H LDC/UDC COMPARATIVE TABLES Appendix H LDC/UDC Comparative Tables, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: APPENDIX H - LDC/UDC COMPARATIVE TABLES The tables contained in this Appendix provide a detailed cross-reference between the sections of the LDC in effect prior to the September 27, 2004 October 18. 2004, effective date, and the LDC sections thereafter in effect on that date. The documents are broken down into Articles, which was the format of the LDC prior to the September 27,2004 October 18. 2004, effective date. The LDC has been revised into a Chapter format as of the September 27th, 2004 October 18. 2004 date. The contents of this Appendix are as follows: Article 1 - General Provisions Article 2 - Zoning Article 3 - Development Requirements Article 4 - Impact Fees Article 5 - Decision-Making and Administrative Bodies Article 6 - Definitions * * * * * * * * * * * * * ARTICLE 2- ZONING LDC LDC LDC Sub- UDC Chapter UDC Section Other Notes Division Section section * * * * * * * * * * * * * 55. 2.2.21. - Chapter 2 2.03.07 - Overlay § 2.2.27. created 2.2.~28. Zoning Districts by Supp. 16 (Ord. 2.2.27. in Chapter 03-27), revised in 44.08.00 Supp. 18 (Ord, 04-08) 2.2.29 2.2.29.1. - Chapter 2 2.03.07 G.6. 2. 2.2.29.3. - Chapter 10 10.02.05 F. Section created 4. and in Cvcle 2. 2004 2.2.29.5. (2) after the LDC and (6) recodification, 2,2.29.5. Chapter 4 4.02.33 (1). (3), (4) and (5) 55. 2.2.30. NRPA-2,03.08 C Revised in Supp. Page 153 of 156 (NRPA) & , 18 (Ord. 04-08) 2.2.31. NBMO - 2.03,08 (NBMO) D * .. .. .. .. .. .. .. .. .. .. * * 2.4.4. Chapter 4 4.06.05 - §. 2.4.4. General revised in Landscape Supp. 17 (Ord. Requirements 03-55) 2.4.4.14. Chacter 4 4.06.04 D. Sub-section Chapter 4 4.06.01 - 2.4.4.16, Generally * .. * .. .. .. * .. .. .. .. .. * 2.6.30. Chapter ~ 1. 2.03.06 & 2.04.00 4.07,06 2.6.31. Relocated to Code of Laws & Ord. 2.6.32. Chapter 4 4.02.01 - Dimensional Standards 2.6,33, Throughout Temporary Use Chapter 5 - Process in see below 10.02.06 G Sub-section Chapter 5 5.03.05 - Revised in 2.6.33.3. Caretaker... & Supplement 16 5.04.03 - (Ord. 03-27) Temporary Uses... Sub-section Chapter 5 5.04.04 - Model 2.6.33.4. Homes.. . Sub- Chapter 5 5.04.05 - sections Temporary 2.6.33.6, - Events 2.6.33.9. Sub-section Chapter 5 5.06.06 - Sign Added in 2.6.33.10. Standards for Supplement 18 Specific (Ordinance 04- Situations 08) 2.6,34. Chapter 5 5.04.06 - Annual (see Beach Events alsoAppx. G Permit 2.6.35. Chapter 5 5.05.09 - Revised in Communication Supp. 18 (Ord. Towers 04-08) 2.6.36. Chapter 5 5.05.07 - Townhouse... 2.6.37. Chapter 4 4.01.02 - Revised in Kitchens in Supp, 18 (Ord. Dwelling Units 04-08) 2.6.39. Chapter 2 2.03,07 - Overlay Added in Supp. TORs Zoning Districts 18 (Ord. 04- 08). 2.6.40. Chapter 2 2.05.02 - Density Added in Supp. Density Blending 18 (Ord. 04-08) Blending 2.7. Portions revised in Page 154 of 156 Supp.16 (Ord. 03-27) 2.7.1. This section is not needed and is not included in the UDC. 2.7.2. 2.7.2.1. & Chapter 10 10.0ð.05 Notice Revised in 2.7.2.2. Requiremonts:" . Supp.17 (Ord. 10.02.08 - 03-55) Submittal Reauirements 2.7.2.3. - Chapter 10 10.03.05 - Notice Revised in 2.7.2.16. Requirements.. . SUPP.17 lOrd. 03-55) 2.7.3. Chapter 10 1 0.02.~ 11- Revised in PUD Procedures Supp. 17 (Ord. 03-55) and § 2.7.3.5. revised in Supp. 18 lOrd. 04-08) 2.7.4. Chapter 10 10.08.00 - Sec. 2.7.4.9. Conditional Use revised in Procedures Supplement 18 (Ordinance 04- 08) 2.7.5. Chapter 9 9.04.00 - Variances 2.7.6. Chapter 10 10.02.06 - Submittal.. . 2.7.7. Chapter 2 2.06.00 - AHDB Revised in Supp.17 (Ord. 03-55) 2.8. Chapter 5 All in Portions of Div. § 5.05.08 - 2.8. were Architectural carried over Standards, into Div. 2.4, by EXCEPT Supp. 17 (Ord. 2.8.3.3.2, 4,06.02 C 03-55) SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be Page 155 of 156 renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION SIX: EFFECTIVE DATES This Ordinance shall become effective upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2004. ATTEST: DWIGHT E. BROCK, CLERK COMMISSIONERS BOARD OF COUNTY OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: Page 156 of 156 COLLIER COUNTY GOVERNMENT Community Development and Environmental Services Division Department of Zoning and Land Development Review 2800 North Horseshoe Drive · Naples, Florida 34104 Department of Zoning and Land Development Review October 21, 2004 Naples Daily News 1075 Central Avenue Naples, Florida 33940 ATTENTION: LEGAL ADVERTISING Dear Ms. Perrell: Please publish the following public notice, for a Display, Y4 page, with map attached, Legal Notice in your edition of October 30, 2004, and furnish proof of publication of each advertisement to the Collier County Development Services Building, Department of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Cecilia Martin and PLEASE SEND DUPICATE ORIGINAL to Patrick G. White, Esquire, ACA, Collier County Attorneys Office, 2800 North Horseshoe Drive, Naples, Florida 34104. November 10, 2004 BCC PUBLIC HEARING NOTICE OF INTENT TO ADOPT ORDINANCE AMENDING LAND DEVELOPMENT CODE Notice is hereby given that on November 10, 2004, at 5:05 P.M., in the Board of County Commissioners Meeting Room, 3rd Floor, Harmon Turner Building "F," Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners, proposes to take under consideration adoption of an Ordinance that would amend provisions of the Collier County Land Development Code pertaining primarily to: 1. revised architectural standards, 2. amended landscaping requirements, 3. clarification of the sign provisions, 4. initiation of the newly created non-residential recycling program, and 5. required additions and corrections resulting from the recent re-codification of this code, the title of which Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.08.01 ABBREVIATIONS, INCLUDING SEC. 1.08.02 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. ~01.0: E~~L ~E~:~CES~ SEC." 2.0~.03 H IN~US:RIAL ZONING Phone (239) 403-2400 Fax (239) 643-6968 or (239) 213-2913 www.colliergov.net I DISTRICTS, SEC. 2.03.05 OPEN SPACE ZONING DISTRICTS, SEC. 2.03.07 OVERLAY ZONING DISTRICTS, SEC. 2.03.08 EASTERN LANDS/RURAL FRINGE ZONING DISTRICTS, SEC. 2.04.03 TABLE OF LAND USES IN EACH ZONING DISTRICT, ADDING SEC. 2.06.04 LIMITATIONS ON AFFORDABLE HOUSING DENSITY BONUS, ADDING SECTION 2.06.05 AFFORDABLE HOUSING DENSITY BONUS MONITORING PROGRAM, ADDING SEC. 2.06.06 VIOLATIONS AND ENFORCEMENT; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.05.10 LITTORAL SHELF PLANTING AREA (LSPA); CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SEC. 4.05.02 DESIGN STANDARDS, SEC. 4.06.01 GENERALLY, SEC. 4.06.02 BUFFER REQUIREMENTS, SEC. 4.06.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS-OF-WAY, SEC. 4.06.04 TREE AND VEGETATION PROTECTION, SEC. 4.06.05 GENERAL LANDSCAPE REQUIREMENTS, SEC. 4.07.01 UNIFIED CONTROL; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.03.04 DUMPSTERS, SEC. 5.05.08 ARCHITECTURAL STANDARDS FOR COMMERCIAL BUILDINGS, SEC. 5.06.00 SIGNS; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.01 UTILITIES REQUIRED TO BE INSTALLED UNDERGROUND; CHAPTER 8 - DECISION- MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.06.03 POWERS AND DUTIES (EAC); CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.02.00 DEVELOPMENT WITH VESTED RIGHTS, SEC. 9.03.01 GENERALLY; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS, SEC. 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, SEC. 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENTS PLANS, SEC. 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SEC. 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SEC. 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD; APPENDIX A - STANDARD LEGAL DOCUMENTS FOR BONDING OF REQUIRED IMPROVEMENTS; APPENDIX C - FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION; APPENDIX H - LDC/UDC COMPARATIVE TABLES; SECTION FOUR, REPEALER; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATES. Adoption of the ordinance will be considered at the public hearing on November 10, 2004. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Zoning and Land Development Review Section, Community Development Services Center, 2800 North Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. -2- I ~._~-~_..._._".,_._--'-"".,.,,-..-.,,<...._-_._----'----_.____.....__"N··_·__··_.,."".·_"····_ ,...- If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Patricia L. Morgan, Deputy Clerk November 10, 2004 LDC BCC 10 day Ad -3- , --- . . ¡..' )r "\ ~: t . ~ ~ ; 8 ~ ~ ~ ; a n ¡.. . : ! ... ç ¡.. . .. . ~ - c . ë! p ,. <ill ì .. .... .. SA. :, ft - ë ! ft .. ; ~ ~ ::;¡ ~ ft I ~ c z $I . I I ~ ::;¡ ... (') ¡.. . 0 .... r . .- r. rrl :::::0 ... n ~ > () ,... r '"' 0 != ,.. C ;II Z :1 ~ -; -< -r'} r 0 ... ::u c I.,UrCZ) ~ ""- IØIT1CQ ~ . 0 ~ JCIYO IoIIRD -- » r ..d October 22, 2004 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: The November 10, 2004 BCC Public Hearing (with faxed map) Display Ad- for the 2004 BCC-LDC Amendments Dear Legals: Please advertise the above referenced notice on Saturday, October 30, 2004, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O.lAccount # 113-138312-649110 T -"-_._-"~-"."._"-"._""_.~"._"....._"-".."..~.""--_..,,-~ Department of Zoning and Land Development Review October 21,2004 Naples Daily News 1075 Central Avenue Naples, Florida 33940 ATTENTION: LEGAL ADVERTISING Dear Ms. Perrell: Please publish the following public notice, for a Display, Y4 page, with map attached, Legal Notice in your edition of October 30, 2004, and furnish proof of publication of each advertisement to the Collier County Development Services Building, Department of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Cecilia Martin and PLEASE SEND DUPICATE ORIGINAL to Patrick G. White, Esquire, ACA, Collier County Attorneys Office, 2800 North Horseshoe Drive, Naples, Florida 34104. November 10, 2004 BCC PUBLIC HEARING NOTICE OF INTENT TO ADOPT ORDINANCE AMENDING LAND DEVELOPMENT CODE Notice is hereby given that on November 10, 2004, at 5:05 P.M., in the Board of County Commissioners Meeting Room, 3rd Floor, Harmon Turner Building "F," Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners, proposes to take under consideration adoption of an Ordinance that would amend provisions of the Collier County Land Development Code pertaining primarily to: 1. revised architectural standards, 2, amended landscaping requirements, 3. clarification of the sign provisions, 4. initiation of the newly created non-residential recycling program, and 5. required additions and corrections resulting from the recent re-codification of this code, the title of which Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.08.01 ABBREVIATIONS, INCLUDING SEC. 1.08.02 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.03 ESSENTIAL SERVICES, SEC. 2.03.03 INDUSTRIAL ZONING -1- , DISTRICTS, SEC. 2.03.05 OPEN SPACE ZONING DISTRICTS, SEC. 2.03.07 OVERLAY ZONING DISTRICTS, SEC. 2.03.08 EASTERN LANDS/RURAL FRINGE ZONING DISTRICTS, SEC. 2.04.03 TABLE OF LAND USES IN EACH ZONING DISTRICT, ADDING SEC. 2.06.04 LIMITATIONS ON AFFORDABLE HOUSING DENSITY BONUS, ADDING SECTION 2.06.05 AFFORDABLE HOUSING DENSITY BONUS MONITORING PROGRAM, ADDING SEC. 2.06.06 VIOLATIONS AND ENFORCEMENT; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.05.10 LITTORAL SHELF PLANTING AREA (LSPA); CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SEC. 4.05.02 DESIGN STANDARDS, SEC. 4.06.01 GENERALLY, SEC. 4.06.02 BUFFER REQUIREMENTS, SEC. 4.06.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS-OF-WAY, SEC. 4.06.04 TREE AND VEGETATION PROTECTION, SEC. 4.06.05 GENERAL LANDSCAPE REQUIREMENTS, SEC. 4.07.01 UNIFIED CONTROL; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.03.04 DUMPSTERS, SEC. 5.05.08 ARCHITECTURAL STANDARDS FOR COMMERCIAL BUILDINGS, SEC. 5.06.00 SIGNS; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.01 UTILITIES REQUIRED TO BE INSTALLED UNDERGROUND; CHAPTER 8 - DECISION- MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.06.03 POWERS AND DUTIES (EAC); CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.02.00 DEVELOPMENT WITH VESTED RIGHTS, SEC. 9.03.01 GENERALLY; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS, SEC. 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, SEC. 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENTS PLANS, SEC. 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SEC. 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SEC. 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD; APPENDIX A - STANDARD LEGAL DOCUMENTS FOR BONDING OF REQUIRED IMPROVEMENTS; APPENDIX C - FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION; APPENDIX H - LDC/UDC COMPARATIVE TABLES; SECTION FOUR, REPEALER; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATES. Adoption of the ordinance will be considered at the public hearing on November 10, 2004. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Zoning and Land Development Review Section, Community Development Services Center, 2800 North Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. -2 - --......-.,-_..._---'---.-._-~-_._._- .. ...--.----,..-...-.......... If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Patricia L. Morgan, Deputy Clerk November 10, 2004 LDC BCC 10 day Ad -3- . .-. ,_.~ --. . - -~ ..- Ç01UI<::R_CO COMMUNITY D~V , ~003 10/21/04 10:10 FAX 9416436968 ~~ \ . ( " i I q t ç I @ ~ e . . ,J '" ?' ~ . .. .. 1: ;> e J: .. = $.I. :ø II 5õ ~ II ~ :I .. J. :II: () 0 r- C· fT1 :::0 n 0 c Z -i -< " r- 0 :;;:0 - 0 » . . . - . II , I ~ :I o t: ! i i ... 1= f'I :II ::0 ~ __ a'\"IØ ....... .... ~ ...,. I&IIIWD --- Ann P. Jennejohn From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Friday, October 22, 2004 11 :15 AM Ann P. Jennejohn Delivered: Bee Public Hearing Display Ad (I am faxing a map) Bee Public Hearing Display Ad .., «BCC Public Hearing Display Ad (1 am faxing a map»> Your message To: Legals (E-mail) Subject: BCC Public Hearing Display Ad (1 am faxing a map) Sent: Fri, 22 Oct 2004 11:24:22 -0400 was delivered to the following recipient(s): legals on Fri, 22 Oct 2004 11:15:28 -0400 1 , FAX TO: Yg1/s- LtlSpI4yM FAX NO: lV5-L(iD3 COMMENTS: I, h UC{,c{ cd (L ( 0 p j 0 -( ~ t:1.d tv 0 FROM: A f\V'\ LOCATION: MINUTES & RECORDS FAX NO: (239) 774-8408 PHONE NO: (239) 774-8406 DATE SENT: r () /21-/04 TIME SENT: 11 : 0 0 A IfY) # OF PAGES: 5 (INCLUDING COVER SHEET) , --r--'._-~~" ,~..,- , ,'..... HP Fax 1230 Log for Minutes & Records 2397748408 Oct 22 2004 11 :30AM Last Transaction ~ ~ ~ Identification Duration ~ Result Oct 22 11 :29AM Fax Sent 92634703 1:11 5 OK --'T -·---'"~-·~"-'~·''''·'·r''·''¥·-·'.·· >e_., "--"~-"- Ann P. Jenne~ohn From: Sent: To: Subject: postmaster@clerk.collier.fl.us Friday, October 22, 2004 11 :24 AM Ann P. Jennejohn Delivery Status Notification (Relay) - [2] ATT207644.txt Bee Public Hearing Display Ad ... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination, legals@naplesnews,com 1 r BCC Public Hearing Display Ad (I am faxing a map) Page 1 of 1 Ann P. Jennejohn V,~~~~^',·~m,""...,.__~~~~~_·__'_~~~~~~ ~,___~~~'m^~~.~__^,__,.__,,_,,_^_'__~'~~~~~___~_~ From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Friday, October 22,2004 11 :30 AM To: Ann P. Jennejohn Subject: RE: BGG Public Hearing Display Ad (I am faxing a map) OK -----Original Message----- From: Ann P. Jennejohn [mailto:AnnJennejohn@clerk.collierJl.us] Sent: Friday, October 22, 2004 11:24 AM To: Legals (E-mail) Subject: Bee Public Hearing Display Ad (I am faxing a map) Hi NDN: Please advertise the attached Ad on October 30, 2004. «BGG LOG Ad 11-10-04.doc» «SGG-LDG 11-10-04.doc» Thank you, Ann Minutes & Records 774-8406 10/22/2004 T " , NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serv~ as the Assistant Corporate Secretary of the Naples Daily, a datly newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice as published in said newspaper 1 time(s) in the issue on October 30th, 2004 Affiant further says that the said Naples Daily News is a newspaper published at Naples. in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, FIOlida; distributed in ColJier and Lee counties of Flolida. e~~h day and has been entered as second class mail matter at the post othce In Naples, in said Collier County, Florida. tor a period of I year next preceding the first publication of the attached copy of advertIsement: and atìiant further says that he has neither paid nor prollllsed any person, finn or corporation any discount, rebate, commission or refund tor the purpose of securing this advcl1isement ItJr publication in the said newsPðer. /], ~ ( Signature of affiant) Sworn to and subscribed before me This 1 st November ,2004 "'~~~~"Þ:P" . . /,e&.·..·..~<:-;-~ Harnett Bushong ~*:'. " '. ~*ê MY COMMISSION # DD234689 ~\~)IRE~ -'~. .~., 1 ~.r ..... o·0~·"..o~t~ _uly 24,2007 ""i'f"i~,'" BONDtD THRU TROY FAIN INSURANCE INC . ----~._---~_..._._.__......._...-.._---- t»~LICblQ;~ PUBLIC N01JCE PUBLIC NOTICE HGVlUllber18,2004 'BQC'f'·US'J.¡ICé-HIi.ARING ~-"..---'- 'N~ ....~.~.f~..ÞlNG LAND.DEVELOPMENT CODe :: ~=~~~*M~~'" . . ;.~jf:~:~=~ ~n\y3~~~~,ss~:S~ ~ I.. .... . to take under consideration adoponClt"'.Ord~that would amend provisions 01 the Collier County Land Development Code plitillnlngprlmartly to: 1.. IteCtUraI slandards, 2. IIíOrequlUlments, a. .. olltle sign provisions, 4.tnIt the newly created norrresldentlal recycling program, and 5. tllqUl lIIons and corrections resultlngJrom 1he feœnt re-codlllcallon 01 this code, the tl~e 01 which Ordinance Is as lollows: AN OROtNAfÇE AMENDING ORDINANCE HUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH _UDES THE<;OMPfI:EItNSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUN'TY, FLORIDA, BY PROVIDING FOR:SECTIONONE,REÇtTAI.S: SECTIO_ TWO.FlNOIN6S OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE l.AND I DEVELOPMEtfI'CODt MOFIE'SPECIFlCAllY AMENDING THE fOI..LOWING:C~PTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.08.0'1 A8BREVIATIONS. INCLUDING'SEC. 1.08.02: DEFINITIONS; CHAPTER 2 . ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.03 ESSENTIAL SEAVICE&, SEC. 2.03.03 INDUSTRJAL ZONING DISTRICTS, sec. 2.03.05 OPEN SPACE ZONING DISTRICTS, SEC. 2.03.07 OVERLAY ZOftING DISTRICTS, SEC. 2.03.08 EASTERNt.ANOSlflURAL FRfNGE ZONING DISTRICTS, SEC. 2.04.03 TABLE OF LAND USES IN EACKZONING DISTRICT, ADDING SEC. 2.08.04 LIMITATIONS ON AFFORDABLE HOUSING DENSITY BONUS, ADDING SECTION 2.06.05 AffORDABLE HOUSING DENStrY BONUS MONITORING PROGIW\ IIß S~C. 2.06.06 VIOLATIONS AND ENfORCEMENT; CHAPTER 3· RESOURCE PROTECTlON.INCLUÐIHG SEC. 3.05.10 Lln_. . LANTING AREA (LSPA); CHAPTER 4 - SITE DESIGN AND DMLOf'IIBT STANDARDS,fNCLUDIffG SEC. 4.02.01 DIMENSlotw.tTMOARDS FOR PRINCIPAl USES IN BASE ZONINGDIRTRICTS, sec. 4.05,02 DESIGN STANDARDS, SEC. 4.06.01·GENERAL.l.V..~EC. 4.06.02 BUFFER REQUIREMENTS, SEC. 4.06.03 LANDSCAPING . RfOU. .........Uf...ØEMENT...... HOR VEH. ICULAR U$E MEAS AND. .RIGH... ~. rt...SEC.4.06.04 TREE AND VEGETATION PROTECTION. SEC. 4.06.05 _IW.J~NQ$CAPE: REQUIREMENTS, SEC. 4.07'.01 '.' . '.~ CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUPING SEC. 5.03:04 DUMPSTERS, SEC. 5.05.08 ARCHITEC'I'URAL DARDS FOR COMMERCIAL BUILDINGS, SEC. 5,06.00 SIGNS; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS AND ADEQUA1'E PUBLIC FACIUTIESREQUIREMENTS, INCLUDING SEC. 6.01.01 UTILITIES Ai_!O TØ'.lNffAI.t:~~EReRðtlN8~.PfÞ8 DIGI8t~NG AND ADMINISTIlATIVE BODIES, INCLUDING SEC, 8.08.03 POMRS'ANODUTtÉS(EAC); CHAPTER 9· VARIA1'tONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.02.00 DEVELDPMENT WITH VESTED RIGHTS, SEe. tQ8.01 GEN£RALLY;CHAPTER 10 . APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, JNCLUDIN(¡ SEC. 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS, SEC. 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, SEC. ·10.02.05 SUØfllTTAl REQUIREMENTS FOR IMPROVEMENTS PLANS, SEC. 10.02.06 SUBMITTAL REQUIREMENTS FOR PEflMlTS,SEC. 10.02.13fll.ANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SEC. 10.03,05 NOTICE REQÜlREMENTS FOR PUBLIC HEARINGS BEFORE THE BCÇ, 1HE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATlQI.8ONIO: IX A - STANDMDLEGALDOCUMENTS FOR BONDING OF REQUIRED IMPROVEMENTS; APPENDIX C . FINAL SUllØMSION PLAT, IRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION; APPNix H~ LDCJUDC COMPARATIVE TABLES; SECTION FOUR, REPEALER; SECTION FIVE, CDNFLlCT AND SEVERABILITY: SECTION SIX, fll.lBLlCAiION AS THE COLLIER DOUm LAND DEViLOPMEtHOOE; ANÐ-sffiI6ftSMN, EFFECTIVE DATES. Adoption 01 the ordinance will be considered at the public hearing on November 10, 2004. Alllntørested parties are Invited to appear and be heard, Copies 01 the proposed ordinance are available lor public inspection in the Zoning 800 Land Develoøment RevIew Section, Community Development Services Center, 2800 North Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. 8005:00 P.M., Monday through FridaY, If a IMJIOndeÞldes toapþ8alanydeclslon _ by the Cotller County Board 01 County, Commissioners with respect to any matter considered at such _/Igor I1e8rtl{l, he will need a record of.. ~D$¡ MIl lor such purpose he may need to ensure thaI a verbatim record of the praceedlngsWmadII, wtíIctIl8C()rd InckJdes the t8Sf1mony andévkJØnce upon whlcb the ~I is 10 be based. BOARD OF COUNlY COMMISSIONERS (;) COL. LIE.R COUNlY, FLORIDA . DONNA FIALA, CHAIRMAN ... DWIGHT E. BROCK, CLERK ....... By: Patricia L. Morgan, Deputy Clerk . November 10, 2004 LDC BCC 10 day Ad No.â226711O ~". 2004 COWER COUNTY FLORIOA I , - II .... ORDINANCE NO. 2004- 7? AN ORDINANCE AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.08.01 ABBREVIATIONS, INCLUDING SEC. 1.08.02 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.03 ESSENTIAL SERVICES, SEC. 2.03.05 OPEN SPACE ZONING DISTRICTS, SEC. 2.03.07 OVERLAY ZONING DISTRICTS, SEC. 2.03.08 EASTERN LANDS/RURAL FRINGE ZONING DISTRICTS, SEC. 2.04.03 TABLE OF LAND USES IN EACH ZONING DISTRICT, ADDING SEC. 2.06.04 LIMITATIONS ON AFFORDABLE HOUSING DENSITY BONUS, ADDING SECTION 2.06.05 AFFORDABLE HOUSING DENSITY BONUS MONITORING PROGRAM, ADDING SEC. 2.06.06 VIOLATIONS AND ENFORCEMENT; CHAPTER 3 RESOURCE PROTECTION, INCLUDING SEC. 3.05.10 LITTORAL SHELF PLANTING AREA (LSPA); CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SEC. 4.05.02 DESIGN STANDARDS, SEC. 4.06.01 GENERALLY, SEC. 4.06.02 BUFFER REQUIREMENTS, SEC. 4.06.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS- OF-WAY, SEC. 4.06.04 TREE AND VEGETATION PROTECTION, SEC. 4.06.05 GENERAL LANDSCAPE REQUIREMENTS, SEC. 4.07.01 UNIFIED CONTROL; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.03.04 DUMPSTERS, SEC. 5.05.08 ARCHITECTURAL STANDARDS FOR COMMERCIAL BUILDINGS, SEC. 5.06.00 SIGNS; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.01 UTILITIES REQUIRED TO BE INSTALLED UNDERGROUND; CHAPTER 8 - DECISION- MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.06.03 POWERS AND DUTIES (EAC); CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.02.00 DEVELOPMENT WITH VESTED RIGHTS, SEC. 9.03.01 GENERALLY; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS, SEC. 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, SEC. 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENTS PLANS, SEC. 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SEC. 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SEC. 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD; APPENDIX A - STANDARD LEGAL DOCUMENTS FOR BONDING OF REQUIRED IMPROVEMENTS; APPENDIX C - FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION; APPENDIX H - LDC/UDC COMPARATIVE TABLES; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, Page 1 of 156 Words struek through are deleted, words underlined are added 110._ INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT _ CODE; AND SECTION SIX, EFFECTIVE DATES. Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance Number 04-41, which repealed and superceded Ordinance Number 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of County Commissioners pursuant to Section 10.02.09 A. of the LDC; and WHEREAS, this is the second amendment to the LDC for the calendar year 2004, the first being the recodification in Ordinance 04-41; and WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on October 13, 2004, and November 10, 2004, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, it is the intent of the board of county commissioners to ensure that each and every landowner has a beneficial use of owned property in accordance with the requirements of the Fifth and 14th Amendments to the United States Constitution, and thus, to provide an administrative procedure whereby landowners believing they have vested rights or have been or may be subjected to a taking of their private property by application of any law or regulation promulgated by the county, may obtain relief through an efficient. non- judicial procedure; and Page 2 of 156 Words sà'l:lelc tæ-ol:lgh are deleted, words underlined are added - - WHEREAS, the establishment of an administrative review and remedy procedure will promote the goals of the county's comprehensive plan in a manner which is consistent with section 2 of article I of the state constitution, guaranteeing all natural persons the inalienable right to acquire, possess, and protect property; and WHEREAS, it is the specific intent of the board of county commissioners that no provision of its laws or ordinances be interpreted so as to take private property in an unconstitutional manner; and WHEREAS, it is the specific intent of the board of county commissioners that no administrative determinations made under its laws or ordinances result in either a temporary or permanent taking of private property without just compensation as required under the United States or state constitution; and WHEREAS, the board of county commissioners specifically intends that it be the duty and responsibility of the party alleging vested rights or a taking of property to affirmatively demonstrate the legal requisites of the claim alleged; and WHEREAS, it is the board's specific intention that the procedures provided for in LOG § 9.02.00, et seq., not be utilized routinely or frivolously, but rather, be solely limited to those extreme circumstances where vested rights may legitimately exist or a potential taking of private property or development rights would otherwise result; and WHEREAS, the provisions of LOG § 9.02.00, et seq., are specifically adopted in furtherance of the legislative intent as expressed in F,S, § 163.3161 (9), that the county recognize and respect judicially acknowledged or constitutionally protected private property rights and that all regulations and programs adopted under the local government comprehensive planning and land development regulation act (F,S. § 163.3161 et seq.) be developed, promulgated, implemented, and applied with sensitivity for private property rights; and WHEREAS, it is the intent of the board of county commissioners, consistent with the provisions of F.S. § 163.3161(9), that the provisions of LOG § 9.02.00, et seq., be utilized to sensitively administer the county comprehensive plan and its land development regulations; and WHEREAS, it is the intent of the board of county commissioners, consistent with the provisions of F.S. § 163.3161(9), that the provisions of LOG § 9.02.00, et seq., not be utilized as a substitute for judicial relief for claims of vested rights or from takings that have already occurred but to provide an opportunity to make a final decision regarding the applicability of certain land Page 3 of 156 Words struek throl:lgh are deleted, words underlined are added development regulations or comprehensive planning provisions to prevent inadvertent takings; and WHEREAS, it is the additional intent of the board of county commissioners to simplify the judicial inquiry regarding the "ripeness doctrine" as enunciated in Williamson County Regional Planning Council v. Hamilton Bank, 473 U,S. 172 (1985), and its progeny by providing a final decision after which a vested rights, equitable estoppel, or takings claim may be instituted in court; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the local government comprehensive planning and land development regulation act (F.S, § 163.3161 et seq.), and F.S. § 125,01(1)(t) and (1)(w); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. art. VIII, § 1 (g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of County Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to Sec. 163,3161, et seq., Fla, Stat., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to prepare and adopt a Comprehensive Plan. 2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla. Stat., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the Act. 4. Sec. 163.3194(1)(b), Fla, Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not consistent with the adopted Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent. Page 4 of 156 Words strode tmough are deleted, words underlined are added 5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements of Sec. 1634.3161 et seq. Fla. Stat., and Rule 9J-5, F.A.C, 7. Sec. 163.3194(1)(a), Fla. Stat., mandates that after a Comprehensive Plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b). Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991 and may be amended twice annually. The Land Development Code adopted in Ordinance 91-102 was recodified and superceded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within the total unincorporated are of Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A. AMENDMENTS TO ABBREVIATIONS SECTION 1.08.01 Section 1.08.01 Abbreviations, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: * * * * * * * * * * * Page 5 of 156 Words strnek through are deleted, words underlined are added ..... - . ALF Assisted Living Facility APFC Adeauate Public Facilities Certificate (APFC) ASTM American Society for Testing and Materials * * * * * * * * * * * * LOS Level of Service NAICS North American Industrv Classification System NBMO North Belle Meade Overlay * * * * * * * * * * * * SUBSECTION 3.B. AMENDMENTS DEFINITIONS TO SECTION 1.08.02 Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Building, Zoned height of: The vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip, and gambrel roofs. Existing grade shall net be altered to gain building height. Where minimum floor elevations have been established by law or permit requirements, the building height shall be measured from such required minimum floor elevations. (See section 4.02.01, Exclusions from height limits, and off-street parking within a building.) Required minimum floor elevations shall be in conformance with the Collier County Administrative Construction Code (see County adopted FBC Section 104.2.1.2. Additional Requirements, 8., as set forth in Code of Laws § 22-26) and, if necessary, FDEP requirements for minimum habitable first-floor structural support. Rooftop recreational space and accessory facilities are also exempted from the limitations established for measuring the height of buildings. See Figure 3. Construction sian: A sian erected at a buildina site that displavs the name of the proiect and identifies the owner. architect. enaineer. aeneral contractor. financial institutions or other firms involved with the desian or construction of the proiect. Density, residential: The number of residential dwelling units permitted per gross acre of land allowed under the Comprehensive Plan's Density Rating System subject to limitations of the corresponding zoning district determined by dividing the development's total number of dwelling units by the total area of residential land within the legally described boundaries of the residential development's lot(s) or parcel (s). Total residential land area does not include existing platted land area for vehicular rights-of-way, whether public or private, nor land within a planned unit development district that is to be used for commercial uses. eF industrial uses. or a use that has a residential eauivalencv, except where allowed by the GMP. Total residential land area may include land submerged beneath an existing freshwater body (e.g., ponds or lakes) so long as evidence of fee ownership of the submerged lands is provided at the time of development application, but may not include land submerged beneath tidal water bodies, nor lands considered to be marine wetlands. For purposes of calculating density the total number of dwelling units may be rounded up to the next whole number if the dwelling unit total yields a fraction of a unit .5 or greater. Destination resort hotel: A transient lodaina facilitv (i.e. - less than six months occupancy) where patrons aenerallv stay for several days in order to utilize. enjoy. or otherwise participate in certain amenities. natural or man-made. includina but not limited to: (i) direct access to the Gulf of Mexico. (ij) on-site aolf course and aolf- related facilities. (iii) health spa and/or fitness center. (iv) other recreational amenities and on-site services. includina full dinina services and cocktail lounae. entertainment rooms for video and movies. and concierae services. Except that. for destination resort hotels frontina on the Gulf of Mexico. an on-site aolf course is not reauired. In Page 6 of 156 Words strnek throl:lgh are deleted, words underlined are added '" all cases. a destination resort hotel must include full dinina services and a cocktail lounae. and not less than 25 percent of the aross floor area must be devoted to common usaae and support service areas. such as but not limited to fitness room. health spa. media room. meetina rooms. dinina and lounae facilities. and spaces in support of hotel functions. Final local development order. Any valid, unexpired building permit issued by the county. As to the provisions in Sections 6.02.00 and 10.02.07. respectivelv. pertainina to COA's and adeauate public facilities onlv. a final local develoDment order is a final subdivision plat. a final approved site development plan. or buildina permit or mobile home tie-down permit issued bv the county. Ground sian: A sian, 8 ft in heiaht or lower which is independent of support from any buildina. that is mounted on freestandina poles or other supports. and shall include a pole cover that is between 50 percent and 100 percent of the overall sian width. Holidav decoration: An ornate embellishment placed specificallv for the purpose of celebratina a specific holidav. holidav event or holidav season. Landowner: Anv owner of a leaal or eauitable interest in real property. and includes the heirs. successors and assians of such ownership interests. includina developer's holdina development riahts susceptible to claims of vested riahts or takinas. Pennant: A piece of fabric or material which tapers to a point or swallow tail. which is attached to a strina or wire. either sinaularlv or in series. Pole sian: A sian. 8 or more ft in heiaht which is independent of support from any buildina. that is mounted on freestandina poles or other supports. and shall include a pole cover that is between 50 percent and 100 percent of the overall sian width. Primary facade (aDDlicable to Section 5.05.08 onlv): A facade that is in public view and faces a public or private street. Project Identification Sian: A directional sian which provides identification or recoanition of a development on Iv. individual tenants or outparcels are not permitted to use this type of sianaae. Renovation (aDDlicable to Section 5.05.08 onlv): improvement. in whole or in part. of an existina buildina, Restoration. remodelina. Self-storaae buildinas (aDDlicable to Section 5.05.08 onlv): Buildinas where customer's lease space to store & retrieve their aoods: see NAICS 531130. Standard de sian buildinas (aDDlicable to Section 5,05.08 onlv): Buildinas whose desian is based on a "corporate prototvpe" or other standardized architectural desian that is used consistentlv with little or no variation at many different sites. Takinas claim: Anv claim that falls within the scope of section 9.02.10. of this code. whether claimed to be temporarv or permanent in character. SUBSECTION 3.C. AMENDMENTS TO SECTION 2.01.03 ESSENTIAL SERVICES Section 2.01.03 Essential Services, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.01.03 Essential Services Essential services are hereby defined as services designed and operated to provide water, sewer, gas, telephone, electricity, cable television or communications to the general public by providers which have been approved and authorized according to laws having appropriate jurisdiction, and government Page 7 of 156 Words stmek thrOHgR are deleted, words underlined are added * * * * facilities. Essential services are allowed in any zoning district subject to the following conditions: * * * * * * * * * * * * B. PERMITTED ESSENTIAL SERVICES IN CON DISTRICTS, RFMU SENDING LANDS, NRPAS, HSAS, AND FSAS. 1. Within CON Districts, Sending Lands in the RFMU District, NRPAs, and within designated Habitat Stewardship Areas (HSA) and Flow way Stewardship Areas (FSA) within the RLSA overlay district subject to the limitations set forth in section 4.08.08 tGf C., the following essential services are permitted: * * * * * * * * * * * * c. Sewer lines and lift stations, only if located within already cleared portions of existing rights-of-way or easements, and necessary to serve a publicly owned or privately owned central sewer system providing service to urban areas~ aA4lor the Rural Transition Water and Sewer District. as delineated on the Urban - Rural Frinqe Transition Zone Overlav MaD in the Future Land Use Element of the GMP; and, d. Water pumping stations necessary to serve a publicly owned or privately owned central water system providing service to urban areas~ aA4lor the Rural Transition Water and Sewer District. as delineated on the Urban - Rural Frinqe Transition Zone Overlav MaD in the Future Land Use Element of the GMP. * * * * * * * * * * * * G. Conditional Uses. The following uses require approval pursuant to section 10.08.00 conditional uses: * * * * * * * * * * * * 2. CONDITIONAL ESSENTIAL SERVICES IN RFMU SENDING LANDS, NRPAS, CON DISTRICTS, AND RLSA DESIGNATED HSAS AND FSAS. Within RFMU District Sending Lands, NRPAs, Con districts, and the RFLA designated HSAs and FSAs subject to the limitations set forth in section 4.08.08 ~ C.2., in addition to the essential services identified as allowed conditional uses in section 2.01.03 {G1fB G.1. above, the following additional essential services are allowed as conditional uses: a. Sewer lines and lift stations necessary to serve a publicly owned or privately owned central sewer system providing service to urban areas~ aA4lor the Rural Transition Water and Sewer District. as delineated on the Urban - Rural Frinae Transition Zone Overlav MaD in the Future Land Use Element of the GMP, when not located within already cleared portions of existing rights-of-way or easements; and b. Safety Services limited to law enforcement, fire, and emergency medical services. SUBSECTION 3.D. AMENDMENTS TO SECTION 2.03.05 OPEN SPACE ZONING DISTRICTS Page 8 of 156 Words stmek through are deleted, words underlined are added ---- "" ~ Section 2.03.05 Open Space Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.05 OPEN SPACE Zoning District * * * * * * * * * * * * * B. Conservation District "CON". * * * * * * * * * * * * * 1. Allowable uses. The following uses are allowed in the CON District. a. USES PERMITTED AS OF RIGHT. * * * * * * * * * * * * * (9) The following essential services: (a) Private wells and septic tanks necessary to serve uses identified in1 through 8 above. (b). Utility lines necessary to serve uses identified in1 through 8 above, with the exception of sewer lines. (c) Sewer lines and lift stations if all of the following criteria are satisfied: i. Such sewer lines or lift stations shall not be located in any NRPA Lands in the CON District; ii. Such sewer lines or lift stations shall be located with already cleared portions of existing rights-or-way or easements; and iii. Such sewer lines or lift stations are necessary to serve a central sewer system that provides service to Urban Areas.;..or to the Rural Transition Water and Sewer District~ delineated on the Urban - Rural Frinae Transition Zone Overlav MaD in the Future Land Use Element of the GMP. (d) Water pumping stations necessary to service a central water system providing service to Urban Areas~aR4lor the Rural Transition Water and Sewer District. as delineated on the Urban - Rural Frinae Transition Zone Overlav MaD in the Future Land Use Element of the GMP. SUBSECTION 3.E. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS Section 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.07 G. Immokalee Overlay. Page 9 of 156 Words struek throl:lgh are deleted, words underlined are added - * * * * * * * * * * * * * 6. Nonconforming Mobile Home Park Overlay Subdistrict. Establishment of special conditions for these properties which by virtue of actions precedina the adoption of Ordinance No. 91-102. on October 30. 1991. were deemed to be nonconformina as a result of inconsistencies with the land development code. and are located within the Immokalee Urban Boundary as depicted on the Immokalee Area Master Plan. a. Purpose and intent. The purpose of these provisions is to recognize that there are nonconforming mobile home parks in the Immokalee Urban Area, to provide incentives to upgrade these parks while requiring the elimination of substandard units, and to allow park owners to take advantage of alternative development standards in order to cause some upgrading of conditions that would normally be required of conforming mobile home parks. Travel trailers, regardless of the square footage, are not permitted as a permanent habitable structure. b. Reauired site imvrovement vlan avvlication. The property owners of all nonconformina mobile home developments/parks that were in existence before November 13. 1991. Le.. that predate Ordinance No, 91-102. the land development code. shall be required to submit a site improvement plan (SIP) meetina the standards set forth below by January 9. 2003 or thereafter within the time frame set forth in an order of the Code Enforcement Board findina a violation of this section. or by the date set forth in a Compliance or Settlement Aareement entered into between Collier County and a property owner acknowledqinq such a violation and also establishinq the date by which such violation will be cured throuah the SIP submittal process set forth below. c. The site improvement plan (SIP) master plan shall illustrate the way existina buildinas are laid out and the infrastructure (Le, utilities. streets. drainaqe. landscapina. parkina and the like) to serve those buildinas. The number and location of buildinas shall be reviewed for consistency with Code requirements (Le. setbacks. space between buildinas. density. and the like). Similarly. the SIP shall serve to provide a basis for obtainina approval of required infrastructure improvements such as those referenced herein. The approved SIP showina all of the above shall become the official record acknowledaina the leaal use of the property. Failure to initiate this process within the time frames set forth above. will result in a Code violation in which the property owner will be required to immediately remove all mobile homes which have not received a buildinq permit and all mobile homes deemed to be unsafe and unfit for human habitation. and otherwise contrary to the county's housinq code unless otherwise prohibited by state law. d. For the specific requirements concernina the SIP submission referenced in b. and c, above. see section 10.02,05 F. of this code. SUBSECTION 3.F. AMENDMENTS TO SECTION 2.03.08 EASTERN LANDS/RURAL FRINGE ZONING DISTRICTS Section 2.03.08 Eastern Lands/Rural Fringe Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.08 Eastern Lands/Rural Fringe Zoning Districts A. Rural Fringe Mixed-Use District (RFMU District) 1. PURPOSE AND SCOPE. The purpose and intent of the RFMU District is to provide a transition between the Urban and Estates Page 10 of 156 Words stTl:lek through are deleted, words underlined are added ~ - Designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. The RFMU District employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development. The RFMU District allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses and essential services deemed necessary to serve the residents of the RFMU District. The innovative planning and development techniques which are required and/or encouraged within the RFMU District were developed to preserve existing natural resources, including habitat for listed species, to retain a rural, pastoral, or park-like appearance from the major public rights-of-way, and to protect private property rights. a. ESTABLISHMENT OF RFMU ZONING OVERLAY DISTRICT. In order to implement the RFMU designation in the futuro land uso olomont Future Land Use Element (FLUE) of the GMP, the RFMU District,te shall be designated as "RFMUO" on the Official Zoning Atlas, and is hereby established. The County-wide Future Land Use Map is located in the Future Land Use Element of the GMP or can be obtained at the Community Development Buildinq, located at 2800 N. Horseshoe Drive, Naples. FL 34104. The lands included in the RFMU District and to which this section 2.03.08 apply are depicted by the following map: * * * * * * * * * * * * * 3. Neutral Lands. * * * * * * * * * * * * * a. ALLOW ABLE USES. * * * * * * * * * * * * * (3) Conditional Uses. The following uses are permissible as cond itional uses subject to the standards and procedures established in section 10.08.00. * * * * * * * * * * * * * (q) Facilities for the collection. transfer. processinq, and reduction of solid waste. * * * * * * * * * * * * * b. Density (1) Maximum Gross Density. The maximum gross density in Neutral lands shall not exceed one dwelling unit per five gross acres (0.2 Dwelling units per acre), except that the maximum gross density for those legal nonconforming lots or parcels in existence as of June 22, 1999, shall be one dwelling unit per lot or parcel. (2) Residential Clustering. Clustering of residential development is allowed and encouraged. Where clustered development is employed, it shall be in accordance with the following provisions: (a) If within the boundaries of the Rural Transition Water and Sewer District. as delineated on the Urban - Page II of 156 Words struek trn-ol:lgn are deleted, words underlined are added - - Rural Frinae Transition Zone Overlav Map in the Future Land Use Element of the GMP, and consistent with the provisions of the Potable Water and Sanitary Sewer Sub- elements of this Plan, central water and sewer shall be extended to the project. Where County sewer or water services may not be available concurrent with development in Neutral lands, interim private water and sewer facilities may be approved. * * * * * * * * * * * * * D, North Belle Meade Overlay District (NBMO) 1. PURPOSE AND INTENT. The North Belle Meade Overlay (NBMO) is unique to the RFMU District because it is surrounded by areas that are vested for development on three sides. Because this area is largely undeveloped and includes substantial vegetated areas, the NBMO can and does provide valuable habitat for wildlife, including endangered species. The NBMO is intended to achieve a balance of both preservation and opportunities for future development that takes into account resource protection and the relationship between this area and the Estates developing around the NBMO. 2. GENERAL LOCATION. The NBMO aFea District is surrounded by Golden Gate Estates to the north, east, and west and 1-75 to the south. This NBMO comprises some 24 sections of land aM {approximately 15,550 acres} and is located entirely within the RFMU District (section 2.03.08 A.). The boundaries of the NBMO District are outlined in Illustration 2.03.08 D,2. - A below and on the North Belle Meade Overlay Map in the Future Land Use Element of the GMP. NORTH BELLE MEADE OVERLAY DISTRICT GOLDEN GA TE BOULEVARD ;::- :g a: r¿ ~ § ~ o CQ ~ ~ ffi ~ ~ ~ :::) o CQ ffi § (.) INTERSTATE· 75 I """~"":=~_:o.o ,",~:.". L---.._--_~~:...~."_"__'~N~"- -~._-___ CO~'dUNIIY DEV'ELOPI,IENI AND ENVlRaiholE:NIAL SfRI/ICES DIVISION D",,1[, 10/200,3 FILE: Nal,l-OI/fRlAY-MAP-2.DWC Illustration 2.03.08 D.2. - A Page 12 of 156 Words strnek through are deleted, words underlined are added - '" - SUBSECTION 3.G. AMENDMENTS TO SECTION 2.04.03 TABLE OF LAND USES IN EACH ZONING DISTRICT Section 2.04.03 Table of Land Uses in Each Zoning District, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.04.03 Table of Land Uses in Each Zoning District The following tables identify the uses that are permissible by right in each zoning district and the uses that are allowable as CONDITIONAL or ACCESSORY USES. Table 1. Permissible Land Uses in Eacb Zoning District * * * * * * * * * * * * * Page 13 of 156 Words stmek thrOøgR are deleted, words underlined are added (£-1{) £ P!.IJS!pqnS IBHuap!sa1{ (,-1{) , JJ!.IJs!pqns IBHuapIsa1{ (~-~) J:>!JJS!pqnS IB!JUap!Sa~ J:>!JJS!pqnSJuOJ....aJeM ~el~aAO aSn. paX!W· aA!JaaJ04S~Be a.. ~BIJ~AO IB!:)JaWWo:) BJBqJBeBJUBS a.. a.. (a~IB)OWWI)~BIJaAO JaaJJSU!BW (aaIB)OWWI) ,(BIJaAO ssau!snq!J6\f (aaIB)OWWI) ,(BIJaAO Ja)JBW WJB:I a.. 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ADDITION OF SECTION 2.06.04 LIMITATIONS ON AFFORDABLE HOUSING DENSITY BONUS Section 2.06.04 Limitations on Affordable Housing Density Bonus, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby added to read as follows: 2.06.04 Limitations on affordable housing density bonus, Anythina to the contrary notwithstandina. the followina limitations and conditions shall apply to all of the AHDB for a develocment: A. Affordable housing density bonus deve/oDment agreement reauired. The AHDB shall be available to a develocment only when an AHDB develocment agreement has been entered into by the developer/acclicant and the BCC. and such aareement has been approved by the county attorney and the BCC pursuant to the public hearina process established in this section prior to execution. Amendments to such aareement shall be processed in the same manner as the oriainal aareement. The AHDB develocment aareement shall include. at a minimum. the followina provisions: 1. Leaal description of the land subiect to the aareement and the names of its leaal and eauitable owners. 2. Total number of residential dwelling units in the develocment. 3. Minimum number of affordable housing units. cateaorized by level of household income. type of unit (sinale-familY or multifamily. owner- occupied or rental). and number of bedrooms. reauired in the develocment. 4. Maximum number of AHDB dwelling units permitted in the develocment. 5. Gross residential density of the develocment. 6. Amount of monthly rent for rental units. or the price and conditions under which an owner-occupied unit will be sold, for each type of affordable housing unit in accordance with the definition for each type of affordable housing rental unit (moderate. low. and very low). 7. The foreaoina notwithstandina. any rent charaed for an affordable housing unit rented to a low or very low income family shall not exceed 90 percent of the rent charaed for a comparable market rate dwellina in the same or similar develocment. Comparable market rate means the rental amount charaed for the last market rate dwellina unit of comparable sauare footaae. amenities. and number of bedrooms. to be rented in the same develocment. 8. No affordable housing unit in the develocment shall be rented to a tenant whose household income has not been verified and certified in accordance with this division as moderate. low. or very low income family. Such verification and certification shall be the responsibility of the developer and shall be submitted to the County Manaaer or his desianee for approval. Tenant income verification and certification shall be repeated annually to assure continued eliaibility. 9. No affordable housing unit that is to be sold. leased with option to purchase. or otherwise conveyed in the develocment shall be sold. leased with option to purchase. or otherwise conveyed to a buyer whose household income has not been verified and certified in accordance with this section as moderate. low. or very low income family. Such verification and certification shall be the responsibility of the developer and shall be submitted to the County Manaaer or his desianee for approval. It is the intent of this section to keep housina affordable: therefore, any person who buys an affordable housina unit must aaree. in a lien instrument to Page 25 of 156 - - ...... be recorded with the clerk of the circuit court of Collier County. Florida. that if he sells the property (jncludina the land and/or the unit) within 15 years after his oriainal purchase at a sales price in excess of five percent per year of his oriainal purchase price that he will pav to the county an amount eaual to one-half of the sales price in excess of five percent increase per year, The lien instrument may be subordinated to a aualifyina first mortaaae. 10. For example. a person oriainally buys a desianated affordable housina unit (a house) for $60.000.00 and sells it after five years for $80.000.00. A five percent increase per year for five years will aive a yalue of $76.577.00. Deductina this amount from the sales price of $80.000.00 aives a difference of $3.423.00, The seller would then owe the county $1.711.50 (one-half of $3.423.00), Payment of this amount would release the first owner from the recorded lien aaainst the property, Such payment shall be maintained in a seareaated fund. established by the county solely for affordable housina purposes. and such money shall be used solely to encouraae. provide for. or promote affordable housina in Collier County. 11. No affordable housina unit in any buildina or structure in the develoDment shall be occupied by the developer. any person related to or affiliated with the developer. or a resident manaaer. 12. When the developer advertises. rents. sells or maintains the affordable housina unit. it must advertise. rent. sell. and maintain the same in a nondiscriminatory manner and make available any relevant information to any person who is interested in rentina or purchasina such affordable housina unit. The developer shall aaree to be responsible for payment of any real estate commissions and fees, The affordable housina units in the develoDment shall be identified on all buildina plans submitted to the county and described in the application for AHDB. 13. The developer shall not disclose to persons. other than the potential tenant. buyer or lender of the particular affordable housina unit or units. which units in the deyeloDment are desianated as affordable housina units, 14, The sauare footaae. construction and desian of the affordable housina units shall be the same as market rate dwellina units in the develoDment. 15. The AHDB aareement and authorized develoDment shall be consistent with the arowth manaaement plan and land develoDment reaulations of Collier County that are in effect at the time of develoDment. Subseauently adopted laws and policies shall apply to the AHDB aareement and the develoDment to the extent that they are not in conflict with the number. type of affordable housina units and the amount of AHDB approved for the develoDment. 16. The affordable housina units shall be intermixed with. and not seareaated from. the market rate dwellina units in the develoDment. 17. The conditions contained in the AHDB develoDment aareement shall constitute covenants. restrictions. and conditions which shall run with the land and shall be bindina upon the property and every person havina any interest therein at anytime and from time to time. 18. The AHDB develoDment aareement shall be recorded in the official records of Collier County. Florida. subseauent to the recordation of the arant deed pursuant to which the developer acauires fee simple title to the property. 19. Each affordable housina unit shall be restricted to remain and be maintained as the type of affordable housina rental unit (moderate. low or very low income) desianated in accordance with the AHDB develoDment aareement for at least 15 years from the issuance of a Page 26 of 156 · certificate of occupancy for such unit. 20. The developer and owner of the development shall provide on-site manaaement to assure appropriate security. maintenance and appearance of the development and the dwellina units where these issues are a factor. B. Comoliance with arowth manaaement olan and land deve/oDment reGulations. The AHDB shall be available to a development only to the extent that it otherwise complies and is consistent with the GMP and the land development reaulations. includina the procedures. reauirements. conditions and criteria for planned unit developments (PUDs) and rezoninas. where applicable. C. Minimum number of affordable housina units. The minimum number of affordable housina units that shall be provided in a development pursuant to this section shall be ten affordable housina units. D. Nontransferable. The AHDB is not transferrable between developments or properties. E. PhasinG. In the case where a development will occur in more than one phase. the percentaae of affordable housina units to which the developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the property, For example. if the total development's AHDB is based on the provision of ten percent of the total dwellina units as affordable housina rental units for low income households with two bedrooms per unit. then each phase must maintain that same percentaae (ten percent in this case) cumulatively. SUBSECTION 3.1. ADDITION OF SECTION 2.06.05 AFFORDABLE HOUSING DENSITY BONUS MONITORING PROGRAM Section 2.06.05 Affordable Housing Density Bonus Monitoring Program, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby added to read as follows: 2.06.05 Affordable housina densitv bonus monitorina oroaram. A. Annual orOGress and monitorina reoort. The AHDB for a development shall be subject to the AHDB monitorina proaram set forth in this section. The developer shall provide the County Manaaer or his desianee with an annual proaress and monitorina report reaardina the delivery of affordable housina rental units throuahout the period of their construction. rental and occupancy for each of the developer's developments which involve the AHDB in a form developed by the County Manaaer or his desianee. The annual proaress and monitorina report shall. at a minimum. reauire any information reasonably helpful to ensure compliance with this section and provide information with reaard to affordable housina in Collier County. To the extent feasible. the County Manaaer or his desianee shall maintain public records of all dwellina units (AHDB and affordable housina units) constructed pursuant to the AHDB proaram. all affordable housina units constructed pursuant to the AHDB proaram. occupancy statistics of such dwellina units. complaints of violations of this section which are alleaed to have occurred. the disposition of all such complaints. a list of those persons who have participated as tenants or buyers in the AHDB proaram. and such other records and information as the County Manaaer or his desianee believes may be necessary or desirable to monitor the success of the AHDB proaram and the dearee of compliance therewith. Failure to complete and submit the monitorina report to the County Manaaer or his desianee within 60 days from the due date will result in a penalty of up to $50.00 per day per incident or occurrence unless a written extension not to exceed 30 days is reauested Page 27 of 156 ... - . prior to expiration of the 50-dav submission deadline. B. Income verification and certification. 1. Eliaibilitv. The determination of eliaibilitv of moderate. low. and very low income families to rent or buy and OCCUpy affordable housina units is the central component of the AHDB monitorina proaram. Familv income eliaibilitv is a three-step process: (1) submittal of an application bv a buyer or tenant: (2) verification of familv income: and (3) execution of an income certification. All three shall be accomplished prior to a buyer or tenant beina aualified as an eliaible familv to rent or purchase and OCCUpy an affordable housina unit pursuant to the AHDB proaram. No person shall OCCUpy an affordable housina unit provided under the AHDB proaram prior to beina aualified at the appropriate level of income (moderate. low or very low income), 2. The developer shall be responsible for acceptina applications from buyers or tenants. verifvina income and obtainina the income certification for its development which involves AHDB. and all forms and documentation must be provided to the County Manaaer or his desianee prior to aualification of the buyer or tenant as a moderate. low or very low income familv. The County Manaaer or his desianee shall review all documentation provided. and may verify the information provided from time to time. Prior to occupancy bv a aualified buyer or tenant. the developer shall provide to the County Manaaer or his desianee. at a minimum. the application for affordable housina aualification. includina the income verification form and the income certification form. and the purchase contract. lease. or rental aareement for that aualified buyer or tenant. At a minimum. the lease shall include the name. address and telephone number of the head of household and all other occupants. a description of the unit to be rented. the term of the lease. the rental amount. the use of the premises. and the riahts and obliaations of the parties. Random inspections to verify occupancy in accordance with this section may be conducted bv the County Manaaer or his desianee. 3. Application. A potential buyer or tenant shall applv to the developer. owner. manaaer. or aaent to aualifv as a moderate. low. or very low income familv for the purpose of rentina and occupvina an affordable housina rental unit pursuant to the AHDB proaram. The application for affordable housina aualification shall be in a form provided bv the County Manaaer or his desianee and may be a part of the income certification form. 4. Income verification. The County Manaaer or his desianee or the developer shall obtain written verification from the potential occupant (jncludina the entire household) to verify all reaular sources of income to the potential tenant (includina the entire household). The written verification form shall include. at a minimum. the purpose of the verification. a statement to release information. emplover verification of aross annual income or rate of pay. number of hours worked. freauencv of pay. bonuses. tips and commissions and a sianature block with the date of application. The verification may take the form of the most recent year's federal income tax return for the potential occupants (includina the entire household). a statement to release information. tenant verification of the return. and a sianature block with the date of application. The verification shall be valid for UP to gO days prior to occupancy. Upon expiration of the gO-day period. the information may be verballv updated from the oriainal sources for an additional 30 days. provided it has been documented bv the person preparina the oriainal verification. After this time. a new verification form must be completed. 5, Income certification. Upon receipt of the application and verification of income. an income certification form shall be executed bv the potential buyer or tenant (jncludina the entire household) prior to sale or rental and occupancy of the affordable housina unit bv the owner or tenant. Income certification that the potential occupant has a moderate. low. or very low household income aualifies the potential occupant as an eliaible Page 28 of 156 family to buy or rent and OCCUpy an affordable housina unit under the AHDB proaram. The income certification shall be in a form provided by the County Manaaer or his desianee. SUBSECTION 3.J. ADDITION OF SECTION 2.06.06 VIOLATIONS AND ENFORCEMENT Section 2.06.06 Violations and Enforcement, of Ordinance 04-41, as amended, the Collier County land Development Code, is hereby added to read as follows: 2.06.06 Violations and enforcement. A. Violations, It is a violation of section 2.06,00 to rent. sell or OCCUpy. or attempt to rent. sell or OCCUpy. an affordable housina rental unit provided under the AHDB proaram except as specifically permitted by the terms of section 2.06.00. or to knowinaly aive false or misleadina information with respect to any information reauired or reauested by the County Manaaer or his desianee or by other persons pursuant to the authority which is deleaated to them by section 2.06.00. B. Notice of violation. Whenever it is determined that there is a violation of section 2.06.00. a notice of violation shall be issued and sent by the County Manaaer or his desianee by certified return receipt reauested U.S. mail. or hand delivery to the person or developer in violation of section 2.06.00. The notice of violation shall be in writina. shall be sianed and dated by the County Manaaer or his desianee or such other county personnel as may be authorized by the BCC. shall specify the violation or violations. shall state that said violation(s) shall be corrected within ten days of the date of notice of violation. and shall state that if said violation(s) is not corrected by the specified date that civil and/or criminal enforcement may be pursued. If said violation(s) is not corrected by the specified date in the notice of violation. the County Manaaer or his desianee shall issue a citation which shall state the date and time of issuance. name and address of the person in violation. date of the violation. section of these reaulations. or subseauent amendments thereto. violated. name of the County Manaaer or his desianee. and date and time when the violator shall appear before the code enforcement board. C. Criminal enforcement. Any person who violates any provision of this section shall. upon conviction. be punished by a fine not to exceed $500.00 per violation or by imprisonment in the county ¡ail for a term not to exceed 60 days. or by both. pursuant to the provisions of F.S. ~ 125.69. Such person also shall pay all costs. includina reasonable attorneys fees. includina those incurred on appeal. involved in the case. Each day such violation continues. and each violation. shall be considered a separate offense. D. Civil enforcement. In addition to any criminal penalties which may be imposed pursuant to section 2.06.06 C. above. Collier County and the County Manaaer or his desianee shall have full power to enforce the terms of this section and any AHDB develoDment aareements. rezonina conditions or stipulations. and planned unit develoDment (PUD) conditions and stipulations pursuant to this section and the riahts. privileaes and conditions described herein. by action at law or eauity. In the event that it is determined that a violation has occurred and has not or will not be corrected within 60 days. the certificate of occupancy for all AHDB units within the develoDment shall be withdrawn and the sanctions or penalties provided in the AHDB develoDment aareement shall be pursued to the fullest extent allowed by law. SUBSECTION 3.K. AMENDMENTS TO SECTION 3.05.10 LITTORAL SHELF PLANTING AREA (lSPA) Page 29 of 156 III Section 3.05.10 Littoral Shelf Planting Area (LSPA), of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: * * * * * * * * * * * * * 3.05.10 Littoral Shelf Planting Area (LSPA) * * * * * * * * * * * * * C. Application to existing lakes. All previously approved projects reqUlrlna littoral plantinqs shall meet the Operational requirements requirod set out in 3.05.10 B. above. 1. Projects with previouslv approved littoral plantinq requirements aM constructed according to pro'/iou€: standards required at the time of approval. may havo to aM that do not meet the operational requirements of 3.05.10 B., shall meet the ReW-current standards if the littoral sholvo€: aro no longor functioning, subject to the following criteria: a. The amount of planted area shall be the same as that required in the original approval; b. The property owner shall assess the existing slopes and elevations in order to determine the appropriate location of the plantings subject to the criteria found in 3.05.10 A.3. The planted area shall be consolidated as much as possible subject to the criteria found in 3.05.1 0 A.2.~ c. Subject to the assessment described in b., the existing planting slopes should be as flat as possible but the 8: 1 requirement of 3.05.10 A.4. shall not be required. Re-aradina of existinq slopes will not re required,; d. Plant selection and specifications shall conform to 3.05,10 A.5.; e. Signage of the planted littoral areas shall be required subject to 3.05.10 A.6.: and f. A written assessment and site plan shall be required if it is determined bv the assessment of the lakes that the new littoral shelf plantinq area will differ from the approved plan of record. SUBSECTION 3.L. AMENDMENTS TO SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.00 SITE DESIGN STANDARDS 4.02.01 Dimensional Standards for Principle Uses in Base Zoning Districts A. The following tables describe the dimensional standards pertaining to base zoning districts. Site design requirements apply to the principal building on each site. * * * * * * * * * * * * * Page 30 of 156 - -- .... Table 2. Buildina Dimension Standards for PrinciDle Uses in Base Zoning Districts. Minimum Maximum Distance Minimum Floor Area of Building Height Between Buildings Floor area ratio Zoning District (feet) Buildings (square feet) (%) GC 35 None None None A 35 None 550 None E 30 None 1,000 None 1-story 2-story RSF-1 35 None 1,500 1,800 None RSF-2 35 None 1,500 1,800 None RSF-3 35 None 1,000 1,200 None RSF-4 35 None 800 1,200 RSF-5 35 None 600 1,200 None RSF-6 35 None 600 800 None RMF-6 Throo (3) A 750 None hGbitablo floors 35 RMF-12 50 A Efficiency 450 1 BR 600 None 2+ BR 750 RMF-16 75 A Efficiency 450 1 BR 600 None 2+ BR 750 RT 10 stories, not to 300 exceed 1 00' A (max. for hotel units = None 500') VR S.F. 30 None MH 30 None Duplex 30 None None None M.F. 35 B MH 30 None None None TTRVC 30 10 None None C-1 35 None 1,000 (around floor) None C-2 35 A 1,000 (around floor) None C-3 50 None 7007around floor) None C-4 75 A 700 (ground floor) Hotels .60 Destination resort .80 C-5 35 A 700 (ground floor) Hotels .60 Destination resort .80 I 50 A 1,000 None BP 35 A 1,000 None CON 35 None None None P C None None None CF Towers/antennas D 1,000 (ground floor) None 40 Other 30 Overlay See table of special design requirements applicable to overlay districts. Districts A = 50% of the sum of the heights of the buildings, but not less than 15 feet. B = 50% of the sum of the heights of the buildings. C = buildings within 100 feet of an adjoining district are limited to the height of the most restrictive of an adjoining district. D = 50% of the sum of the heights of the buildings, but not less than 25 feet. SUBSECTION 3.M. AMENDMENTS TO SECTION 4.05.02 DESIGN STANDARDS Section 4,05.02 Design Standards, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 31 of 156 -- 4.05.02 Design Standards * * * * * * * * * * * * * K. Exemptions to locational requirements * * * * * * * * * * * * * 3. Parkina exemDtion, a. The BZA. after review and recommendation by the plannina commission. may approve a parkina exemption under the followina circumstances: (1) The permitted use and the proposed off-site parkina lot are separated by a collector or arterial roadway: (2) The lot proposed for off-site parkina is not zoned commercial: (3) Shared parkina. in which two or more permitted uses utilize the same. or a portion of the same reauired parkina. (4) Parkina reservation. in which the petitioner believes that the number of reauired parkina spaces is excessive and wishes to reduce the number of parkina spaces reauired to be constructed. while reservina the land area for future parkina spaces if determined necessarv by the County Manaaer or his desianee. or the BZA. (5) Structures in commercial zonina districts shall be set back a minimum of 15 feet from residentially zoned lots which have been aranted a parkina exemption. b. The plannina commission and the BZA shall consider the followina criteria for the approval of a parkina exemption: (1) Whether the amount of off-site parkina is reauired by sections 4.05,04 G, and 4.05.09. or is in excess of these reauirements. (2) The distance of the farthest parkina space from the facility to be served. (3) Pedestrian safety if the lots are separated bv a collector or arterial roadway. (4) Pedestrian and vehicular safety. (5) The character and auality of the neiahborhood and the future development of surroundina properties. (6) Potential parkina problems for neiahborina properties. (7) Whether the internal traffic flow is reauired to leave the site to reach the proposed off-site parkina. (8) Whether vehicular access shall be from or onto residential streets. (9) Whether buffers adiacent to the property zoned residential are 15 feet in width and include a wall in addition to reauired landscapina. (1 Q) Whether the off-site parkina area will be used for valet parkina. Page 32 of 156 - (11) Whether the off-site parkina area will be used for emplovee parkina. (12) Whether there are more viable alternatives available. c. Off-street parkina areas must be accessible from a street. allev or other DubUc riaht-ot-wav and all off-street parkina facilities must be so arranqed that no motor vehicle shall have to back onto anv street. excludina sinale-familv and two-familv residential dwellinas and churches approved under sections 4.05.04 G. and 4.05.09. SUBSECTION 3.N. 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: 4.06.02 Buffer Requirements * * * * * * * * * * * * * C. Table of butter yards .:h- Types of buffers. Within a required butter strip, the following alternative shall be used based on the matrix in table 2.4. .l. Alternative A: Ten-foot-wide landscape buffer with trees spaced no more than 30 feet on center. b Alternative B: Fifteen-foot-wide, 80 percent opaque within one year landscape buffer six feet in height, which may include a wall, fence, hedge, berm or combination thereof, including trees spaced no more than 25 feet on center. When planting a hedge, it shall be a minimum of ten gallon plants five feet in height, three feet in spread and spaced a maximum four feet on center at planting. ~ Alternative C: 20-foot-wide, opaque within one year, landscape buffer with a six-foot wall, fence, hedge, or berm, or combination thereof and two staggered rows of trees spaced no more than 30 feet on center. Projects located within the Golden Gate Neighborhood center district shall be exempt from the right-ot-way requirement of a six-foot wall, fence, hedge, berm or combination thereof. These projects shall provide a meandering Type D landscape buffer hedge, In addition, a minimum of 50 percent of the 25-foot wide buffer area shall be composed of a meandering bed of shrubs and ground covers other than grass. 4. Alternative D: A landscape buffer shall be required adjacent to any road right-ot-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-ot-way. Where the ultimate width of the right-ot-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-ot-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-ot-way, Activity center right-ot-way butter width requirements shall not be applicable to roadways internal to the development. a. Trees shall be spaced no more than 30 feet on center in the Page 33 of 156 - landscape butter abutting a right-ot-way or primary access road internal to a commercial development. b. A continuous three aallon double row hedge spaced three feet on center of at least 24 inches in height at the time of planting and attaining a minimum of three feet height within one year shall be required in the landscape butter where vehicular areas are adjacent to the road right-ot-way, pursuant to section 4.06.05 CA. c. Where a fence or wall fronts an arterial or collector road as described by the transportation circulation element of the growth management plan, a continuous three aallon single row hedge a minimum of 24 inches in height spaced three feet on center, shall be planted along the right-at-way side of the fence. The required trees shall be located on the side of the fence facing the right-ot-way. Every effort shall be made to undulate the wall and landscaping design incorporating trees, shrubs, and ground cover into the design. It is not the intent of this requirement to obscure from view decorative elements such as emblems, tile, molding and wrought iron. .Q... The remaining area of the required landscape butter must contain only existing native vegetation, grass, ground cover, or other landscape treatment. Every effort should be made to preserve, retain and incorporate the existing native vegetation in these areas. TABLE 2A TABLE OF BUFFER REQUIREMENTS BY LAND USE CLASSIFICATIONS Adiacent Properties Zonina District and/or ProDert~ Use Subj 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ect Prop erty's Distri ct/Us e 1. - B B B B B A A A A D A - A Agric ulture (A1) 2. A A B B B B B C B * D B - C Resi denti al (E, RSF) singl e- famil y 3. A B A NA A B B B B * D B - C Resi denti al (RMF -6, RMF- 12, RMF- 16) multif amily Page 34 of 156 - - ~ II 4. A B A A B B A B B * D B - B Resi denti al touris t (RT) 5. A A B B A B B B B * D B - B Villag e resid ential (VR) 6. A B B B B A B B B * D B B B Mobil e home (MH) 7. A B B B B B A A A * D B B B Com merci al3 (C-1, C- 1fT, C-2, C-3, C-4, C-5); Busin ess Park (BP) 8. A C B B B B A AL A * D B B B Indus trial2 (I) 9. A B B B B B A A A * D B - C Publi c use (P), com munit y facilit y (CF), Golf Cour se Club hous e, Arne nity Cent er 10, * * * * * * * * * * D * * * Plan ned unit devel opme nt (PUD ) Page 35 of 156 - - 11. D D D D D D D D D D - B - D Vehic ular rights -of- wav 12. B B B B B B B B B B B A B C Golf cours e maint enan ce build ina 13. - - - - - - - - - - - B - C Golf cours e 14. A C C B B B B B C . D C C D Auto mobil e servi ce statio n e. The letter listed under "Adjacent Properties Zoninq District and/or Propertv Use" shall be the landscape buffer and screening alternative required. Where a conflict exists between the buffer required bv zoninq district or propertv use, the more strinqent buffer shall be required. The "-" symbol shall represent that no buffer is required. The PUD district buffer, due to a variety of differing land uses, is indicated by the "." symbol, and shall be based on the landscape buffer and screening of the district or propertv use with the most similar types, densities and intensities of use. Where a conflict exists between the buffering requirements and the yard requirements of this Code, the yard requirements of the subject zoning district shall apply. 1Suffering in agriculture (A) districts shall be applicable at the time of site development plan (SDP) submittal. 21ndustrial (I) zoned property, where abutting industrial (I) zoned property, shall be required to install a minimum five-foot-wide type A landscape buffer adjacent to the side and rear property lines. This area shall not be used for water management. In addition, trees may be reduced to 50 feet on center along rear and side perimeter buffers only, This reduction in buffer width shall not apply to buffers adjacent to vehicular rights-ot-way or nonindustrial zoned property. 3Suffer areas between commercial outparcels located within a shopping center may have a shared buffer 15 feet wide with each adjacent property contributing 7.5 feet. This does not apply to right-ot-way buffers. f. Refer to section 5.05.05 for automobile service station landscape requirements. a,. 5. Business Parks A 25-foot wide landscape buffer shall be provided around the boundary of the business park. A six-foot tall opaque architecturally finished masonry Page 36 of 156 - D . wall, or berm, or combination thereof shall be required and two staggered rows of trees spaced no more than 30 feet on center shall be located on the outside of the wall, berm, or berm/wall combination. a.:..§." Buffering and screening standards. In accordance with the provisions of this Code, loading areas or docks, outdoor storage, trash collection, mechanical equipment, trash compaction, vehicular storage excluding new and used cars, recycling, roof top equipment and other service function areas shall be fully screened and out of view from adjacent properties at ground view level and in view of roadway corridors. SUBSECTION 3.0. AMENDMENTS TO SECTION 4.06.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS-OF-WAY Section 4.06.03 Landscaping Requirements for Vehicular Use Areas and Rights-of- Way, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.06.03 Landscaping Requirements tor Vehicular Use Areas and Rights-ot-Way * * * * * * * * * * * * * B. Standards for landscaping in Vehicular Use Areas 1, Landscaping required in interior of vehicular use areas. At least ten percent of the amount of vehicular use area on-site shall be devoted to interior landscaping areas. The width of all curbing shall be excluded from the required landscaped areas. All interior landscaped areas not dedicated to trees or to preservation of existing vegetation shall be landscaped with grass, ground cover, shrubs or other landscape treatment. One tree shall be provided for every 250 square feet of required interior landscaped area. Interior landscaped areas shall be a minimum of five feet in width and 150 square feet in area. The amount of required interior landscape area provided shall be shown on all preliminary and final landscape plans. 2. All rows of parking spaces shall contain no more than ten parking spaces uninterrupted by a required landscaped island which shall measure inside the curb not less than eight feet in width and at least eight feet in length and at least 100 square feet in area, At least one tree shall be planted in each island, These islands shall not be used as retention areas or as swales, Landscape islands for compact car parking areas shall be at least seven feet in width and at least 100 square feet in area. These tree requirements shall be met with existing native trees whenever such trees are located within the parking area and may be feasibly incorporated into the landscaping. Where existing trees are retained in a landscape island the amount of parking spaces in that row may be increased to 15. A parking stall shall be no farther than 50 feet from a tree, measured to the tree trunk. Interior landscaping areas shall serve to divide and break up the expanse of paving at strategic points and to provide adequate shading of the paved area. Perimeter landscaping shall not be credited toward interior landscaping. LAII rows of parking spaces shall be bordered on each end by curbed landscape islands as shown in Figure 3, Terminal Landscape Islands. Each terminal island shall measure inside the curb not less than eight feet in width and extend the entire length of the single or double row of parking spaces bordered by the island. Tvpe D curbina is reauired around all landscape islands. L3Y on ourbing shall not be permitted. A terminal island for a single row of parking spaces shall be landscaped with at least one canopy tree. A terminal island for a double row of parking spaces shall contain not less than two canopy trees. The Page 37 of 156 * * remainder of the terminal island shall be landscaped with sod, ~u~d - covers or shrubs or a combination of any of the above. * * * * * * * * * * * 4. Interior landscaping areas shall be provided within the interior of all vehicular use areas. Landscaped areas, wall structures, and walks shall require protection from vehicular encroachment through appropriate wheel stops or curbs or other structures. 5. Required landscape islands and perimeter planting beds shall be graded to provide positive drainage. Curbing around landscape areas shall include curb cuts where necessary so as not to inhibit positive drainage. 6. Interior landscaping areas shall meet the requirements of sections 4,06.05 G. and 4.06.05 J. Alternative designs may be approved that achieve equivalent results subject to approval by the planning E:orviooo director Countv Manaaer or his desianee. ~ 7. Vehicular overhang of landscape areas. See section 4.05.04, Exhibit A. ð:-!L Green space required in shopping centers and freestanding retail establishments with a floor area greater than 40,000 square feet. An area that is at least seven percent of the size of the vehicular use areas must be developed as green space within the front yard(s) or courtyards of shopping centers and retail establishments and must be in addition to the building perimeter planting area requirements. The courtyards must only be located in areas that are likely to be used by pedestrians visiting the shopping center and retail establishment. The seven percent green space area must be in addition to other landscaping requirements of this division, may be used to meet the open space requirements (section 4.02.01), and must be labeled "Green Space" on all subdivision and site plans. (Refer to section 5.05.08, Architectural and Site Design Standards and Guidelines for Commercial Buildings and Projects.) The interior landscape requirements of these projects must be reduced to an amount equal to five percent of the vehicular use area on site. Green space must be considered areas designed for environmental, scenic or noncommercial recreation purposes and must be pedestrian-friendly and aesthetically appealing. Green space may only include the following: lawns, mulch, decorative plantings, nonprohibited exotic trees, walkways within the interior of the green space area not used for shopping, fountains, manmade watercourses (but not water retention areas), wooded areas, park benches, site lighting, sculptures, gazebos, and any other similar items that the planning service director deems appropriate. Green space must include: walkways within the interior of the green space area not used for shopping, a minimum of one foot of park bench per 1,000 square feet of building area. The green space area must use existing trees where possible and landscaping credits will be allowed as governed by table 4.06.04 D. The green space areas must be located in areas that are in close proximity to the retail shopping area. Benches may also be located in interior landscaped areas and 75 percent of the benches may be located adjacent to the building envelope along paths, walkways and within arcades or malls. 4,. 9, Landscaping required for section 5.05.08 buildings over 20,000 square feet. The following requirements will be counted toward the required greenspace and open space requirements of this Chapter of this Code. a. Trees in vehicular use areas must be a minimum of 14 to 16 feet height with a six- to eight-foot spread and a three- to four-inch caliper and must have a clear trunk area to a height of six feet. Page 38 of 156 b. The first row of landscape islands located closest to the building front and sides must be landscaped with trees, palms, shrubs and groundcovers and must have a clear trunk area to a height of seven feet. SUBSECTION 3.P. AMENDMENTS TO SECTION 4.06.04 TREE AND VEGETATION PROTECTION Section 4.06.04 Tree and Vegetation Protection, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.06.04 Trees and \./egetation ProtectioA A. Gonorally 1. C!e[KÍAg, gmdiAg ::mci fWing: Clearing of 'Noody vogotation requiros a pormit oxcopt that ownorc of LOTS '.vith an oxicting singlo family homo othor than in Goldon Gato Estatos may romovo non nativo and nativo woody vogotation 'Nithout pormitc unlocs spocimon troos are involvod, ^ minimum numbor of roquirod nativo troos shall bo maintainod ac roquirod by sootion 4.06.05 A. a. Permitted romova! of 'lfJgok1f.ion: i. SUBDIVISIONS: Rosidontial, commorcial or industrial SUBDIVISIONS, upon approval of construotion drawings for tho ontiro projeot or any givon phase thoroof, may claar for tho oonstruction of tho infrastructuro within that phaGo. Road RIGHTS OF WAY, and drainago and utility E^SEMENT arom:; may bo oloared. a) VI/ator managomont areas roquiring oxcavation pormits may be oloarod upon issuanoo of an oxcavation pormit and a roquired soparato vogetation removal pormit. b) Individual cinglo family LOTS or SLeCKS of LOTS may not bo cloared unloss a coparato vogotation removal and site filling pormit (VRSFP) is obtainod as roquirod by section 4.06.04 /\.1.a.3. ii. $ite DEVELOPMENT pkms (SD.P.s): a) Commercia! ::md indlolstria.': I\ppro'.'al of a commorcial or inductrial SDP or SIP includos pormission to cloar for all infrastructuro improvomonts: and for the BUILDING pad as: shown on tho approvod SDP. b) Resickm#al $D.9.&: I\ppro'.'al of a recidential SDP includos pormission to oloar for infrastructuro only. Cloaring and filling of BUILDING cites is not pormittod unlosc a soparato vogotation romoval and sito filling pormit is obtainod ac required by seotion 4.06.04 1\.1,a.3. 3. l/ofJek1tioA romow51! ::mci site fi.lHng permits (VP$FPs): a) 1\ dovolopor will bo pormittod to cloar up to 25 acrec of rosidontial, oommoroial, or industrial LeTS to store oxcocs fill gonorated by lako excavationc 'Nithin tho PUD or projoot lIo'horo tho oxoavation is: taking plaoo, b) An approvod SDP or an approvod plat must oxist for tho PARCEL on which tho fill ic to bo storod. Page 39 of 156 c) Tho applioation to "olear and fill" in ordor to storo OXOOG€M111 - must bo aooompaniod by a plan drawn on tho appro'./od SOP or plat, sho':.'ing tho following: i) The limits of oaoh soparato stookpile must bo olearly dolinoatod and tho area, hoight, oross Gootion, and volumo of oaoh individualstookpilo must appoar on tho dr3'Ning reforonced to tho stookpilo. Slopos mUGt not bo stoopor than a ratio of 4: 1. ii) Tho type of vogotation to bo romo'lod must bo shov.'n on tho dra'Ning. iii) Tho GOuroo of tho material, suoh aG lako numbor (Iako it) for 03ch Gtook pile must bo indicated on tho drawing. iv) Cloaring to Gtoro OXOOSG fill '.viii bo pormitted in maximum blockG of 25 aoroG at a timo. Whon a 25 3cre BLOCK is noaring oapaoity, pormiGsion to exc3'./ato addition31 25 aore BLOCKS may bo 3ppliod feF.:. d) To allo'l/ for Gafoty during troo ro mo'./a I , if a dovolopor owns oontiguouG Ginglo family lots, tho treOG on tho Ginglo f3mily 10tG diroctly ADJACENT to 3 LOT 'Nhoro 3 houGe ¡G undor conGtruction m3Y bo romovod, if romoval at 3 futuro d3to may bo a dang or to life or proporty. ^ VRSFP mUGt bo grantod prior to remo'lal of thoso trOOG. 0) Rovogotation: For VRSFPs within SUBDIVISIONS, a revogotation bond in tho form of 3 porformanco bond, lettor of oredit, or o3Gh bond and in tho 3mount of $5,000.00 por aoro muct be postod, f) Whon fill iG usod to bring BUILDING LOTS to dOGirod construotion olovatiom:, thoGe lots Ghall immodiatoly bo coodod, to provont oroGion 3nd oxotio cood infoGIDtion. g) Any stookpilo in plaoe for moro than six monthG mUGt bo soddod or hydrosooded, F3iluro to do GO within 14 o310ndar daYG of notifioation by tho oounty will rocult in 3 fino of $10.00 por acro, por day. h) In tho o'./ont that any portion of tho stookpilo ic in plaoo for t'I.'O yoarc, tho oounty 'NiII ordor tho fill to bo romovod and tho land to bo rovogotatod. i) Tho donsity and typo of rovogotation Gh311 oloGoly matoh noarby OooE:YGtemc, but shall not be lOGE: than 64 troos por 3cro with assooiatod mid Gtory 3nd groundoovor. 4.06.04 Trees and Veaetation Protection A. Veaetation Removal and Site Fillina: 1, Clearina of woody yeoetation reauires a Veoetation Removal Permit or Veoetation Removal and Site Fillina Permit unless exemDted by section 3.05,02. The Veaetation Removal Permit Drocess is aoverned by section 3.05.04. a. Permitted removal of veaetation or site fillina with an avvroved Veaetation Removal and Site Fillina Permit (VRSFP), Site DeveloDment Plans (SOP) or Plat and Construction Plans (PPLJ i. For individual sinole family lots or blocks of lots 1) a comDleted buildino Dermit aDDlication must be submitted and deemed sufficient by Collier County. 2) all necessary current state and Federal environmental Dermits must be obtained. If these two items are fulfilled. a VRSFP must be obtained Drior to removal of this veaetation. Page 40 of 156 - ii To allow for safety durina tree removal. if a developer owns contiauous sinale family lots. the trees on the sinale family lots directly adiacent to a lot where a house is under construction may be removed. if removal at a future date may be a danaer to life or property. A VRSFP must be obtained prior to removal of this veaetation. iii. A developer will be permitted to clear UP to 25 acres of residential. commercial. or industrial lots or buildina sites to store excess fill aenerated by lake excavations within the PUO or proiect where the excavation is takina place when the followina information has been submitted and approved with the SOP or PPL a) Plat and Construction Plans: Clearina for the construction of the infrastructure. such as road riahts-of-way. and drainaae and utility easement areas shall be approved on site clearina plans within that phase of approved residential. commercial or industrial Plat and construction Plans. Clearina of individual lots or blocks of lots may be approved. n The limits of each separate stockpile must be clearly delineated and the area. heiaht. cross-section. and volume of each individual stockpile must appear on the drawina referenced to the stockpile, Slopes must not be steeper than a ratio of 4: 1. ii) The type of yeaetation to be removed must be shown on the drawina. iin The source of the material. such as lake number (lake #) for each stockpile must be indicated on the drawina and the amount of material excavated must iustify the need to clear the proposed area. b) Site Develocment Plans (SOPs) and Site Improvement Plans (SIPs): i) Commercial and industrial: Clearina for all infrastructure improvements and for buildina pads shall be approved on the SOP or SIP site clearina plans. ii) Residential SOPs: Clearina for the construction of the infrastructure. such as road riahts-of-way. and drainaae and utility easement areas shall be approved on SOP clearina plans Clearina of individual lots or blocks of lots may be approved, iin The limits of each separate stockpile must be clearly delineated and the area. heiaht. cross-section. and volume of each individual stockpile must appear on the drawina referenced to the stockpile. Slopes must not be steeper than a ratio of 4: 1 . M The type of veaetation to be removed must be shown on the drawina. v) The source of the material. such as lake number (lake #) for each stockpile must be indicated on the drawina and the amount of material excavated must iustify the need to clear the proposed area. c) A portion of the 25 acres may be used to brina buildina lots to desired construction elevations. The area used to prepare lots shall not exceed 10 acres and those lots shall immediately be stabilized and seeded. to prevent erosion and exotic seed infestation. A separate VRSFP may also be obtained after SOP or PPL approval prior. Page 41 of 156 · iv. No VRSFP will be issued without first submittinq copies of all required approved aqency permits. reaardless of whether the permit is for clearinq and fillinq or simply fillinq a site. v. When a VRSFP authorizinq UP to 25-acres of clearinq and fillinq is nearina capacity. permission to clear and fill UP to an additional 25-acres to use excess lake material may be applied for with a new VRSFP application. vi. A VRSFP will be issued to authorize qreater than 25 acres of residential. commercial. or industrial lots to store excess fill aenerated by lake excavations within the PUD or proiect where the excavation is takina place. when the property used for storina excess fill has been previously cleared or has qreater than 75% canopy of exotics. vii. Reveaetation: For VRSFPs within subdivisions. a reveqetation bond in the form of a performance bond. letter of credit. or cash bond and in the amount of $5.000.00 per acre must be posted. a) When fill is used to brina buildina lots to desired construction elevations those lots shall immediately be seeded. to prevent erosion and exotic seed infestati0ll:. b) All fill areas for lots or stockpiles must have erosion control silt fencina. c) Any stockpile in place for more than six months must be sodded or hYdroseeded. Failure to do so within 14 calendar days of notification by the county will result in a fine of $10.00 per acre. per day. d) In the event that any portion of the stockpile is in place for areater than 18 months. the county will order the fill to be removed and the land to be reveqetated. The density and type of reveaetation must mimic nearby ecosystems. and must not be less than 64 trees per acre with associated mid-story and qroundcover. 2. BCC Approved Veqetation Removal and Site Fillinq Permit Procedures An applicant can seek approval by the Board of County Commissioners for a Board approved Veaetation Removal and Site Fillinq Permit (VRSFP) for a site that exceeds current thresholds contained in the Land Development Code. To be aranted a Board Approved VRSFP. the applicant must demonstrate to the Board. throuqh a Schedule of Development Activities. that the project will be completed in a reasonable amount of time so as to minimize noise. dust. blastinq, traffic. and inconvenience to the neiahborina and qeneral public. All criteria in 4.06,04 A.1.a that applies to the administrative VRSFP. shall also apply to the BCC approved permit. SUBSECTION 3.Q. AMENDMENTS TO SECTION 4.06.05 GENERAL LANDSCAPE REQUIREMENTS Section 4.06.05 General Landscape Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.06.05 General Landscape Requirements A. Landscaping requirements for residential developments Page 42 of 156 ..... Landscaping for all new development, including single-family, two-family, multifamily and mobile home dwelling units, shall include, at a minimum, the number of trees set forth below. Areas dedicated as preserves and conservation areas shall not be counted to meet the requirements of this section. Existing trees and other minimum code required landscaping may be credited to meet these requirements pursuant to section 4.06.05 E..1. Trees shall meet the requirements of section 4.06.05 C.2. Existing residential development that does not meet the minimum landscaping requirements of this code shall be required to install the required landscaping before a certificate of occupancy is granted for any improvements to the property. 1. Residential developments. One canopy tree per 3,000 square feet of let 3rea, or two canopy troos por lot, 't:hichovor is gro3tor, with pervious open space per lot. Lakes and wet detention areas shall not be counted towards this requirement. tIhe maximum number required: 15 trees per lot. a. Where a sinqle family development has a street tree proqram and lots of less than 3.000 square feet of pervious open space. street trees located directly in front of the lot may be substituted to meet these requirements. A Street Tree Plan shall be submitted to the County Manaoer or his desiqnee for review and approval and Riaht- of-Way permits. if required shall be obtained from the County Manaqer or his desionee. * * * * * * * * * * * * * 8. Landscaping requirements for industrial and commercial development * * * * * * * * * * * * * 4. Building foundation planting areas. All shopping center, retail, office, apartments, condominiums, clubhouses and similar uses must provide building foundation planting6 in the amount of ten percent of proposed building ground level floor area. These planting areas must be located adjacent to the_primary public building entrance(s) and/or primary street elevation. Plantinq areas aM must consist of landscape areas, raised planters or planter boxes that are a minimum of five-feet wide except as required by section 4.06.05 8.5, below. These areas must be landscaped with trees and/or palms in the amount of one tree or one palm equivalent per 250 square feet; and shrubs and ground covers other than grass. 8uildino foundation plantinqs are exempt from the native requirements. Water management areas must not be a part of this planting area. Parking lot islands will not count towards this requirement. 5. Building foundation planting requirements for tall-buildings greater th::m 3 storjes or 35 feet or more in height; and/or section 5.05.08 buildings with a footprint greater than 20,000 square feet and/or parking garage structures. .\(oto: tJl:Jilding& subjeÐt to the requItfJmOAffi of thIs sOÐt:on ate Aot subjeÐt to the .'"equfremoAts of the pro'rIous section 4.06.05 B.3. a. The minimum width of building foundation planting areas must be measured from the base of the building and must relate to the adjacent building's wall height as herein defined as follows: Adjacent Building's Wall Height: Foundation Planting Width (contiguous around perimeter of building excludina Doints of inaress and earess): Building wall heiqht less than 35 feet 1 0 feet. Building wall height between 35 feet 15 feet and 50 feet. Building wall height greater than 50 20 feet. feet. b. Sites located adiacent to a permanent water body such as a canal. Page 43 of 156 * * * * - - ~ . lake. bay or aulf may incorporate the reauired landscape buffer width into the buildina perimeter landscape buffer width. c. Trees required by this section must be of an installed size relating to the adjacent building's wall height, as defined below: Building's Wall Minimum Tree Minimum Tree MinimumPalm Height (feet) Height (feet) Tree Container Height (feet) Canopy Size Spread (Gallons) (feet) 35 to 50 14 to 16 7 45 16 greater than 50 16 to 18 8 65 20 * * * * * * * * * * * * C. Plant Material Standards * * * * * * * * * * * * 2. Trees and Palms. All required new individual trees, shall be species having an average mature spread or crown of greater than 20 feet in the Collier County area and having trunk(s) which can be maintained in a clean condition over five feet of clear wood, Trees adjacent to walkways, bike paths and right's-of-way shall be maintained in a clean condition over eight feet of clear wood. Trees having an average mature spread or crown less than 20 feet may be substituted by grouping the same so as to create the equivalent of 20-foot crown spread. For code- required trees, at 10~lE~t 50 poroont of the trees at the time of installation shall be a minimum of 25 aallon. ten feet in height, have a 1 3/4-inch caliper (at 12 inches above the ground) and a four-foot spread. +Ae remaining oodo required treoG, at the timo of inÐtallation, £h::lIl bo at loa£t eight foot in hoight, havo a 1 1/2 inch oalipor (at 12 inohos abo'/o tho ground) and a throo foot £pread * * * * * * * * * * * * 4. Shrubs and hedges. Shrubs and hedaes shall be installed and maintained at a minimum of 24 inoho£ in height as specified in Section 4.06.02 C.1. except where street visibilitv is reauired and where pedestrian access is provided. Shrubs and hedaes shall screen aÐeve the adjacent pavement surface or developed property required to be buffered and/or screened..:....- whon moa£urod at timo of planting, gro'.'vn in a threo gallon oontainor, and bo Gpacod 18 to :36 inohoG on contor. Thoy Ghall bo at 10aGt :36 inchoG in hoight within 12 monthG of timo of planting and Ghall bo maintainod at a hoight of no 10GG than :36 inoheG aboyo tho adjaGent pavomont roquired to bo buffered and/or Goroonod in perpotuity, oxcopt for viGibility at intorGootionG and whoro podoGtrian aCGess iG providod. Hedges, where required, shall be plantod in doublo st:Jggorod rows and maintained so as to form a continuous, unbroken, solid visual screen within a minimum of one year after time of planting. Whore buffering and/or Gcrooning iG roquired, Ghrub£ Ghall bo planted :Jnd maint:Jinod at :J hoight as spooifiod in Gootion 4.06.02 C. of thiG oodo, excopt whoro street vi£ibility iG requirod. Double staggered rOWG of hodgos shall bo required only in typo D buffers. * * * * * * * * * * * * 11. L:Jnc:JsÐapo berms. All perimoter landsoapo berms oyor two foot in hoight chall moot or exoood tho minimum st:JndardG as sot forth horoin. All grasGod berms shall h:Jvo side slopos no groater th:Jn four to ono. Berms plantod with ground covor and landGoaping Ðhall hD'/o Gido GlopoG no groator than throo to ono. Tho too of tho slopo Ghall bo Got back a Page 44 of 156 * * - "" - minimum of fivo feot from tho odgo of all right of ':Iay and proporty linoG. Exir;ting nath'e vegetation shall bo incorporatod into tho tJerms 'Nith :::tll r;lopoe: fully stabilizod and lande:capod with treos, chrubc, and ground covor. Landscapo berms Gh:::tll not bo placod within easements '.vithout writton approval from all ontitios claiming :::tn intorost under said easement. ::1. LaAdsÐOfJÐ herms ,1.oc::1tÐd adj::1ÐÐAt to IAterst::JtÐ 75 right of way (I 75). Serms loc:::ttod adjasent to tho I 75 right of '-"lay may bo roducod to a maximum slopo of 2: 1, Such berms shall bo plantod with n:::ttivo ground covor o'Jar an orocion contrel fabric, and native treos placod at 25 foot on contor, oqual in hoight to tho hoight of tho berm :::tnd loc:::ttod within a minimum ton foot ·....ido 10'101 planting aro:::t. * * * * * * * * * * * G. Installation and selection requirements for plant materials .1. Prior to the issuance of any certificate of occupancy for a use required to provide landscaping and irrigation in accordance with this section, all required landscaping and irrigation shall be installed and in place as set out in the plans approved under Chapter 10 of the Code. All plant materials must be installed in accordance with accepted landscape practices in the area and meet the plant material standards contained in Section 4.06.05 C. Plant materials shall be installed in soil conditions that are conducive to the proper growth of the plant material. £. Limerock located within planting areas shall be removed and replaced with native or growing quality soil before planting. A plant's growth habit shall be considered in advance of conflicts which might arise (i.e. views, signage, overhead power lines, lighting, sidewalks. buildinas. circulation, etc.). Trees shall not be placed where they interfere with site drainage, subsurface utilities, or where they shall require frequent pruning in order to avoid interferences with overhead power lines and buildinas. Small canopy trees shall be planted in small spaces havina limited canopy space and root space. Larae canopy trees such as Live Oak trees shall be planted a minimum of 15 feet from a buildina, Laroe canopy trees that are planted closer than 15' to a buildino or within 10' of a sidewalk. paved area or underoround utility shall provide root barrier. structural soils or other acceptable method of protection extendina within 20 feet of such buildina, sidewalk, paved area or underoround utility. Tree and parking lot I pole lighting locations shall be designed so as not to conflict with one another. Parking lot I pole lighting shall not be located in landscape islands with trees and shall be located a minimum of 12.5 feet from the trunk of a tree. (See Figure x below). Page 45 of 156 - . ì:'" II I COMPATIBLE TREE AND LIGHTING DESIGN I Figure X Compatible Tree and Lighting Design 3. Trees shall not be planted in areas that retain excessive quantities of water or will require excessive amounts of fill placed over the root system that will affect the health of the tree species. Required landscaping shall not be placed within easements without written approval from all entities claiming an interest under said easement. 4. All trees and palms shall be properly guyed, braced and/or staked, at the time of planting to ensure establishment of the tree or trees and erect growth. Nail staking or other methods that cause cosmetic or biological damage to the tree are prohibited. Trees shall be re-staked within 24 hours in the event of blow-over or other failure of the staking and guying, Staking shall be removed between six and 12 months after installation. 5. All required landscaping shall be installed in accordance with plans approved under Chapter 10 of the Code. Landscaping within a subdivision development shall be guaranteed by a subdivision completion bond in accordance with Chapter 10 governing the final platting of subdivision. 6. All required landscaping shall be maintained in a healthy condition in perpetuity as per the approved building and site plans. Code Enforcement may investigate deficiencies in approved landscaping and institute corrective action to insure compliance with this Code. L In instances where an act of God or conditions outside the control of the applicant have prevented immediate installation, the planning E:orvioOE: director County Manaaer or his desiqnee, if furnished with a statement which includes good and sufficient evidence that states that the required plantings will be installed when conditions permit, may issue a temporary certificate of occupancy. If the required plantings are not installed when conditions permit, then the county may revoke the certificate of occupancy. Page 46 of 156 SUBSECTION 3.R. AMENDMENTS TO SECTION 4.07.01 UNIFIED CONTROL Section 4.07.01 Unified Control, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS 4.07.01 Unified Control A. All land included for purpose of rezoning to a PUD zoning district shall be owned or under the control of the applicant, whether that applicant be an individual, partnership or corporation, or a group of individuals, partnerships or corporations. B, The aDDlicant shall present competent substantial evidence of the unified control of the entire area within the proposed PUD district and shall state aQreement that if he proceeds with the proposed development. he will: 1. Notifv the County ManaQer or his desianee in writina of any chanae in ownership. control and/or name of the development. 2. Do so in accordance with: a. The PUD master plan of development officiallv adopted for the district: b. ReQulations and development standards as set forth in the PUD document and PUD master plan; c. Such other conditions or modifications as may be attached to the rezoninQ of land to the PUD classification: and d. The Collier County arowth manaaement plan and land development code. 3. Provide written aQreements. contracts. deed restrictions. or sureties acceptable to the county for completion of the undertakina in accord with the adopted PUD master plan as well as for the continuinQ operation and maintenance of such areas. functions and facilities that are not to be provided. operated or maintained at Qeneral public expense: and 4. Bind his successors in title to any commitments made under sections 2.03.06. this section 4.07.00 and section 10.02.13. SUBSECTION 3.S. AMENDMENTS TO SECTION 5.03.04 DUMPSTERS Section 5.03.04 Dumpsters, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.03.04 Dumpsters and Recvclina. Solid waste disposal and recvclina (Ordinance No. 04-50) shall be required in the form of bulk container service (garbage and recvclinQ dumpe:torc: and/or oompaotorc: receptacles) for all commercial and industrial establishments and multi-family projects not receiving curbside aarbaae and recvclina pickup. Solid waste disposal and recvclinQ shall be required in the form of curbside pickup for all units on the Mandatory Trash Collection and Disposal roll. All individual units within a deed-restricted area must have an enclosed location other than the residential structure, such as a carport or garage for the storage of individual solid waste containers, or as otherwise permitted below, A. Trash container location requirements. Page 47 of 156 -. ... * * * * * * * * * * * 3. For multi-family residential developments having more than one structure, no dumpster shall be located more than 250 feet from the structure that it is intended to serve (unless a compactor is used for service). 4. All projects subject to the provisions of LDC section 5.05.08 shall locate trash containers in accordance with the relevant provisions of that section. * * * * * * * * * * * * C. Container quantities. In the case of multi-family developments and commercial and industrial businesses that do not receive curbside service and choose to use dumpster service, at least one standard size bulk container (garbage dumpster) shall be required for trash disposal and at least one receptacle for recYclina. Prior to site development plan submittal, the contractor, developer or homeowner's association must contact Collier County Utility Building and Customer Service to estimate the number and sizes of bulk containers needed, D. Enclosure dimensions. Enclosures for dumpsters shall have minimum internal dimensions of twelve (12) by twelve (12) feet for oach st:mdard garbago dumpstor contained insido. with a separate area for recyclina receptacles enclosed by veaetative screenina. An alternative is an enclosure with minimum internal dimensions of twelve (12) by twenty-four (24) feet for no less than two standard receptacles contained inside (one for aarbaae and one for recyclina). If equipped with gates, the clear opening dimension shall be a minimum of twelve (12) feet or twenty-four (24) feet dependina on enclosure style. as defined in this paraaraph and the gates must be provided with a doviso device to hold them open. E. Container screening. Except as noted below, all cont:::linom receptacles shall be screened on at least three (3) sides from view of adjacent property owners and from adjacent streets on the first-floor level. All enclosures must have a cement pad as the floor of the enclosure, This screening shall not be subject to height limitations for fences, provided that the vision of motorists on adjacent streets remains unobstructed. Screening may be exempted: * * * * * * * * * * * G. Curbside pickup. The Utility Billing & Customer Sorvico Diroctor, County Manaaer or his designee, may approve curbside pickup in lieu of dumpsters or compactors for individually owned multi-family developments provided that the following criteria are met. Multi-family rental units must provide dumpsters or a compactor. Condominium developments may substitute curbside pickup for dumpsters or compactors so long as satisfactory documentation is presented to the Utility Billing 8. Customor Sorvico Dopartmont County Manaaer or his desianee that: 1. The subject condominium association has voted in the majority to eliminate the use of dumpsters or compactors in favor of curbside pickup for all or part of the development, 2. There is adequate access to facilitate curbside pickup, and 3. All individual units have an enclosed location other than the residential structure, such as a carport or garage, for the storage of individual solid waste containers. Page 48 of 156 - ".... H. Non-Como/iance. In the event that a property owner experiences a Substantial Hardship. as defined in Ordinance No. 2004-50. Section 5(FFL or if due to specific site conditions Ordinance No. 2004-50. Section 17(8). is unable to conform with the provisions contained herein. the property owner. or his desiqnee. shall complete and submit an application for an administrative variance pursuant to Ordinance No. 2004-50. Section 17(A) and (8), 1, The process for requestina an administrative variance shall be as follows: a. Complete an administrative variance form. which is available from the Utility Billina & Customer Service Department. at the Utility Billinq & Customer Service office. or by downloadina the form from the County Website (www.collieraov.net). b. Deliver the form to the Utility Billinq & Customer Service Department alona with all requested information. c. Within five business days of receivina the administrative variance form. the County Manaaer or his desianee will contact the property owner. or his desianee to review the administrative variance request. d. The County Manaqer or his desiqnee and the property owner. or his desianee shall iointly develop a solution that complies with Ordinance No, 2004-50 and meets the intent of this section 5.03,04 of the Collier County Land Development Code. I. If the County Manaaer or his desianee and the property owner. or his desiqnee. are unable to resolve the conflict. the property owner. or his desiqnee shall request a Variance in accordance with Section 9.04,00 of the Collier County Land Development Code. SUBSECTION 3.T. AMENDMENTS TO SECTION 5.05.08 ARCHITECTURAL STANDARDS FOR COMMERCIAL BUILDINGS Section 5.05.08 Architectural Standards for Commercial Buildings, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.05.08 ArGhitestural StamJards fer Commersial 8uildings and Prejests A. Purposo ::md intont. The purposo of thoso standards and guidelines is to supplomont oxisting de'lelepment oritoria '.\lith spooifio oritoria that apply to tho docign of commoroial buildings and projoots, Commoroial development doponds on high vicibility from major public stroets. In turn, thoir dosign of building(s) and sito dotorminos muoh of tho imago and attraotivonosG of tho ctrootGoapoG and oharaotor of a oommunity. MaGcive and/or genorio developments that do not oontributo to, or intograto with, tho oommunity in a positive mannor oan bo dotrimontal to a oommunity's imago, and conGO of plaoo. Tho goal ic to oreato and maintain a pocitiYO ambianoe and strong oommunity imago and idontity by providing for arohitootural and cito dOGign treatmonts 'Nhioh '.viII onhanoo tho vicual appoaranoo of oommoroial develepment in Collier County, whilo still pro'.'iding for dosign flexibility. ThoGO standardc aro intondod to onhanco tho quality of lifo in Collior County. Tho prominont ctyloc of architooturo in Collior County inolude: a blond of SpaniGh Moditorranoan with barrol tile roofs, ctuooo faoadoG, archoc and wood aooont momborc usod as typioal dotailG; Florida Craokor Gtylo, 'Nhioh inoludos motal roofc and oovorod porohes; and Bormuda/lcland Regonoy whioh inoludoc whito tilo roofG 'Nith Gtuooo faoadoc and quoins UGod as typioal dotailG. '\'hilo no partioular ctylo of arohitooturo ic prohibitod horoin, tho abovo roforenood indi'.'idual styloc, and tho interprotation or blonding of oharaotoristioc aGsooiatod with tho co styloG aro onoouragod. Thoso ctandardc and guidolinoG inoorporato a basio 10'.'01 of arohitootural dosign with site docign foatures whioh inoorporato Gafo and oonvoniont vohioular UGO aroas and podostrian Page 49 of 156 ... WQYr:., and landr:.oapo, lighting and r:.ignago troatmonts intondod to rosult in a oomprohensivo plan for building der:.ign and r:.ito development oonr:.iE:tont with tho goalr:., polioios and objootivoe: of tho Collior County Growth M:magomont Pbn and tho purpoe:o and intont of thie: Codo. Thoe:o regulatione: are intonded to promoto tho uce of Crimo Provontion Through En'¡ironmont::lI Docign (C.P.T.E.D.) principale: inoluding: Vicibility vicibility for law onforoomont and othor peoplo in tho aroa; n3tural r:.urveillanoe pl3cing aroae: of 3ctivity whoro thoy CQn be r:.oon by law onforoomont :md tho publio; and dofone:iblo CPQOO doe:igning aroar:. whioh pooplo v:ill tako ac thoir own and not be willing to rolinquir:.h thie: e:paoo othor undoe:irablo aotivitiee:. B. Applicability. Provie:ions of thir:. divir:.ion aro applioablo in all oommoroial zoning die:triotc, oommeroial and non rocidontial oompononte: of PUD dictriots, DRIe:, bue:inor:.e: park dir:.triotc, indue:trial zoned aroae: and all othor zoning die:tricte: for non ror:.idontial developments and buildings fronting on arterial or collector roads ac doe:cribod by tho trane:portation oiroubtion olomont of tho growth managomont plan, whon looatod in tho urban rOGidontial areaG ae: indioatod on tho future land ue:o map of tho growth m::Jnagemont plan, ar:. pro'lidod bolo'::: 1. ReAm':JtioAs ::lAd ffJfkJV.Ð~ment: In tho cae:o of additione: or ronovationG to, or rodevolopmont of, an oxie:ting building or projoot, whoro tho oor:.t of e:uoh ::Jddition, ronovation, or redo'¡olopmont oxcoode: 50 poroont of tho ..,alue of tho exie:ting e:truoture(e:), or 20 porcont of tho square footago of tho oxir:.ting r:.truoturOE:, tho pro'lir:.ionr:. of this division r:.hall apply. 2. DiscoAtiAI:J:JAoe: Tho provisione: of sootion 9.03.00 of this Codo do not apply to tho proYir:.ionE: of sootion 5.05.08 which roquiro struotural alterations and are suporsodod by tho following. Where tho use of a struoture coases for any re::Json, oxcopt whero govornmontal aotion impoder:. access to tho promir:.os, for a poriod of moro than ð65 oonr:.oouti'lo days, tho provisions of thic Codo y:hioh may require struotural alterations shall bo adhored to prior to rooccupanoy of tho Gtruoturo. "\lith rOE:poct to vohioular uso and roquired landGoapo areas, tho pro':icions of thic cootion r:.hall apply whore the use of a ctruoturo ooar:.ec for any rear:.on, oxoopt 'I/horo govornmontal aotion impodec access to tho promicos, for ::J poriod of moro than 180 oonGocutivo daYG. 3. Roql:Jkod site dovelopmont or im¡KOVfJmeAt p!:JA. Complianoo with tho standardG Got forth in this diviGion Ghall bo domonstratod by submittal of arohitootural drawingc and a cito development pl::m or cito improvemont plan in aooordanoo with sootion 10.02.0ð of thic Codo, 1. JJlustrDtjons. Illustrations providod in this sootion 5.05.08 are intonded to pro'/ido ::J graphic example of a cpecifio provision or proviGionc sot forth horoin. Variations from theco illue:tr::Jtionc whioh nonotholoss adhore to tho provisions of this di'lir:.ion, are onoouragod. 5. .\'on oommere-jD! dovolopmont: Non oommercial uso applioationc shall demom:trate that the intont of thic section oan bo effeotivoly aooomplishod 'A'ithout mooting the r:.peoifio development standards of thir:. sootion. Dosigns which aro ror:.ponc:ivo to tho oontoxt and proposed UÐe and domonctrate a woll oonsidorod dosign thome may requer:.t an adminictratiyo roviow of tho altornativo ::Jpproach and docign. In addition to the baGe submittal roquirementc, applicants chall cloarly labol tho pl::m submittod ac an "Alternati'.'o Architoctural Dosign StandardG Plan" ::Jnd chall roforonce tho roquor:.tod do'.'iations on tho pian and sh::J1I cubmit a dor:.oriptivo narrativo \vhioh r:.pocifioally idontifior:. tho codo de'lelopmeRt Gtandardc roquired by thir:. r:.oction whioh ir:.lare boing propocod to bo addror:.cod through tho altornativo approaoh. Supplomontal r:.ubmittal and n::mativo dor:.oriptionc muct bo providod 'I.'hioh r:.upportc tho applicant's submiGcion. Tho County Managor or his dOGignoo 'Nill adminictrativoly reviow submittal dooumonts for ooncir:.tonoy with tho intont of thic Gootion and if the plan ic approvod through thir:. provir:.ion, r:.hall r:.pocifioally nota tho approvod doviationr:. and tho baG is of the approval within tho site development plan approvallottor. DoviationG approvod shall bo applioablo only to tho cpooifio deÐign and pbn rO'.'iowod. Modifioations of an approvod design shall void tho administrativo 3ppro'lal of tho deviation and roquiro resubmittal of tho doviation roquost to planning r:.orvioec: r:.tatt for re ovaluation of tho requoct in tho contoxt of tho amondod docign and plan. C. I\rchitoctural and cito docign e:tandardr:. and guidolinoc for oommorcial buildings and projects with a grocr:. building aroa of 20,000 e:quare foot or largor. Page 50 of 156 · ... , . Complianoo ':.(ith tho E:tandards E:ot forth in this E:ootion E:hall bo domonstrated by E:ubmitta or arohitootural drawingE: and a c;ito de..'eløpment plan in aooordanoo 'Nith E:ootion 10.02.0d of this GaGe,. 1. Off sttÐot pa....~jng design. AE: providod for in E:ootion 4.05.00, and subjoct to tho following proviE:ionE:: a, Purposo ami intont. Commorcial buildings and projeotE:. inoluding thoir outparoolE: E:hall bo dOE:ignod to pro'/ido safe, con'.'onient, and effioiont aooess for podoE:trianE: and vohioloE:. Parking E:hall bo dOE:ignod in a conE:iE:tont and coordinated manner for the ontiro E:ito. Tho parking aroa shall bo intogratod and dOGignod so aG to onhance tho visual appearanco of tho community. b. Do sign standards. Parking, utilizing tho Gamo dogroo of anglo, E:hall bo devolopod throughout tho Gito to provido effioiont and E:afo traffio and pedoGtrian ciroulation, ^ E:ingle bay of parking providod along tho porimetor of tho sito may vary in dOGign in ordor to maximizo tho numbor of GpaooG providod on E:ito. Tho mixturo of one v:ay and two way parking aisloG, or difforont dogrooE: of anglod parking 'Nithin any parking aroa iE: prohibitod. oxoopt aE: notod above, or whoro indi'.'idua parking aroaG aro physioally Goparatod from one anothor by a oontinuous landsoape buffer, a minimum fivo foot in width 'J.'ith limitod aooess. landscape buffers for thoE:o 10cationG shall use landsoapo matorial othor than graGE: for Geparation of parking aroas (Soo IIluGtrationG 5.05.08 C.1 and 5.05.08 C.2 bolo'N). IIluGtration 5.05.08 C,1. IIluGtration 5.05.08 C.2. i. M·méFA/;/FA parking: Parking in OXOOSE: by 20 porcont of tho minimum parking requiromentE: Ghall provido additional landGcaping aG dosoribod in Gootion 4.05.04 of thiE: Code. o. Parking fa," projOGts. Projoots E:hall bo dOGignod to adhoro to tho fOllo'.ving standards: i. ,(Flter/or Jots. No moro than 50 poroent of tho off stroot parking for tho entiro oommoroial buildiFlg or project E:hall bo looated betwoon any primary facado of tho oommoroial building or projoot and tho abutting stroot or nœ.'igablo 'Natorway. (Soo IlIuGtration 5,05.08 C.d beIO'.v). Illustration 5.05,08 C.d. ii. Comor tots. No moro than 80 poroont of tho off E:troot parking for tho ontiro commercial building or projeot shall bo locatod botwoon any primary facado of tho commeroial buildiFlg or projoot and tho abutting stroet or navigablo watorv:ay aroa, with no single Gide to oontain moro than 65 poroont of the roquired parking. (Soo IlIuGtration 5.05.08 C,4 bolo'll). IIluGtration 5.05.08 C.4. d. Parking st."/;/ctu::e standards: a minimum of 60 percont of any primary faoado of a parking struoture or oO'lorod parking faoility shall inoorporato t'NO of tho follov:ing (GOO IlIuGtration 5.05.08 C.5 bolow for examplos): i. Transparont windowG, with olear er lightly tintod glasE:, whoro podestrian orionted bUE:inossoE: aro looatod along tho faoado of tho parking Gtructuro; ii. DiGplay windo':JE:; iii. Dooorativo motal grillo 'Nerk or similar detailing whioh providos Page 51 of 156 ... - - toxture and partially and/or fully oovors tho parking structure oponing(s); i" ... I\rt or 3rohitootural treatmont suoh m: soulpturo, mosaio, glass blook, opaquo art glass, roliof work, or similar foaturos; or, " w. Vortioal trellis or othor landsoaping or podostrian plaza aroa. IlIuctration 5.05.08 C.5. 2. Lighting. 3. PurfJose and intent. Commoroi::11 buildings and projoots, inoluding thoir outparools shall bo dosignod to provido Emf.o, oonvoniont, and offioiont lighting for podostrians 3nd '¡ohiolos. Lighting shall bo dosignod in a oonsistont and ooordinatod mannor for tho ontiro site. Tho lighting and lighting fixturos shall bo intogratod and dosignod so as to onhanoo tho visual imp30t of tho project on tho community and/or blonds into tho 13ndsoapo. b, Shie!diFlg sklnfi.a::ds. Lighting shall bo dosignod so ac to pro':ont direot glaro, light spillago and hazardouc intorforonoo 'Nith automotivo and podostrian traffio on adjaceFlt ctrootc and all adjaGent proportioc. o. Ffxtl:JrÐ height st::JnGa.'"oo. Lighting fixturos shall bo a maximum of :30 foot in hoight within the parking lot and shall bo a maximum of 15 foot in height within non vehioular podostrian aroas (soo Illustration 5.05.08 C.6 helo"'\ t:1 ..7- Illustration 5.05.08 C.6. d. Design standards. Lighting shall bo usod to provido cafoty whilo 3000nting koy arohitootural olemonts and/or to omphasizo landsoapo foatures. Light fixturos shall bo dosigned as an intogral dosign olomont that oomplomonts tho dosign of tho projoot. This can be accomplished through style, material or color (exoluding florosoont, primary and/or seoondary oolors) or bo docignod to blond into tho landcoapo through tho uso of dark oolors cuoh as bronzo. Mill finish is not pormitted. 3. Ser¡ice Fum;tion Areas (SFI\) incll:Jding Ðl:Jt not Hmiwd to loading, storage, mochanical eG¡l:Jipment, am! soJ.id Vlasw disposa!. 3. .ol:Jrpose and inwnt. To diminish, in 3 cafo mannor, the visual impaots of servioo funotions that may dotraot or havo a nogativo impaot on tho streotco3pO, landccapo and/or tho ovorall community imago. b. Bufforing and scrooning standardc. In aooordanco with tho provicionc of Chaptor -4 of this Codo, loading areas or docks, outdoor storago, trash collection, moohanioal oquipmont, trach compaction, vohicular storage oxcluding nov: and usod C3rs, recycling, roof top oquipmont 3nd othor corvico function aroas chall bo fully soreonod and out of vio'N from adjaceFlt proportios at ground viow 10'101 and in 'io'N of roadway corridorc. c. ,"Aateria!s and design stanck1.'"ds, Sorooning matorial and dosign shall bo oonsictont with dosign troatmont of tho primary faoados of tho commorcial building or projoct and tho landscapo plan. d. Drivo tÁrDl:Jgh wifldoVl sklnck1rds. Drivo through windows and lanos shall bo docignod to adhore to the following standardc: i. Drivo through \\'indo'li/s shall not be placod botwoon tho right of way of a primary colloctor or arterial roadway and tho associatod building, unloss tho vegotation roquirod by a Typo "B" landscape buffer ic inctallod within tho buffer 'Nidth roquired for tho projoct and maintainod along tho ontiro longth of tho drive through lano bOÌ'.'Joon tho drive through lane and tho adjaGent right of way. /\s an altornativo to tho vogotativo buff-er reforoncod abovo, a Page 52 of 156 - ... , - permanont covored porto cochoro typo structuro, other than a'Nning/canvass typo structuro(s), may bo inetallod oxtonding tho width of the drive through and covoring tho sorvico windO'.\'(s). Such structuro shall bo intogratod structurally and architocturally into tho dosign of tho bl:Jilding. ii. Only a single drive through facility is pormittod. 4. Pooost...iaA 'K1!kVl:::Jys. a. plJ{'pose :lnd iAfent. To provido safo opportunitios for altornativo modos of transportation by connecting with oxisting and futuro podostrian and bicyclo pathv,'ays within tho county and to provido safo passago from tho public right of '....ay to the bl:Jilding or projoct, 'Nhich includos tho aroa botwoon and including tho parking aroas and tho building porimotor, and bet'Noon altornativo modes of transportation, b. Peoosfrkm aOÐeS& standa."ds. Podostrian ways, linkagos and paths chall be providod from tho bl:JilEting ontry(G) to surrounding stroots, oxtornal side'Nalks, outparcols and parking aroas. Podostrian ways shall bo dosignod to provido a06eSB bOÌ\VQon parking aroas and tho builEting entranco(s) in a coordinatod and Gafo mannor through tho incorporation of walkways, Gidowalks and crosc'....alke. Podestrian ways may bo incorporatod v:ithin a roquirod landGcapo porimotor buffer, providod said buffer ic consistent with tho oxcoptions outlinod in Chaptor 4 of this codo. Sharod podostrian walkways aro oncouragod botwoon adjacent commorcial projocts. c. Miniml::/m ratios. Podostrian wayc shall bo providod at a minimum ratio of one for oach public vohicular ontranco to a projoct, oxcluding ingross and egross points intondod primarily for sorvico, dol ivory or omployoo vohiclos. d. MiAimum dimeAE;jeAs. Podestrian 'tJOlk'llays chall be a minimum of five foot 'J.'ido. e. Materia/s. Podostrian walkways shall bo consistont with the provisions of section 4.5 of tho Amoricans with Disabilities I\ct (1'.0/\), ,^.ccoscibility Guidolinos. Matorialc may includo spocialty pavors, concroto, colorod concroto or stampod pattorn concroto. f. Peoost...ian croSSV.K1!/-æ at building perimeter. bl:Jilding porimotor crosswalks shall bo dosigned and coordinatod to movo poople cafoly to and from bl:JildingB and parking areas by idontifying pedostrian crossings with signago and variations in pavomont materials or markings. g. Shade. PedoGtrian walkways shall provido intormittont shadod aroas whon tho 'Nalkway oxcoods 100 linoar foot in longth at a minimum ratio of 100 squaro foot of shadod aroa por 0'.'01)' 100 linoar foot of walk'Nay. Shado structures may bo natural, manmado or a oombination of both. 5, Building dosign. a. PIJrßose :lAd infent. To maintain and onhanco tho attractivenoss of tho strootscapo and tho oxisting architoctural dosign of tho community. buildings shall hO'.'o architoctural foaturos and pattorns that provido visual intoract from tho porspoctivo of the podostrian; roduco massing aosthotic; recognizo local charactor, and be site rosponSÏ'.'o. Facados shall be dosignod to roduce the mass/Gcalo and uniform monolithic appoarance of largo unadornod walls, v..hilo providing vicual intorost that will bo concistont with tho community's idontity and charactor through tho uso of dotail and scalo. Articulation is accomplishod by v:::Irying tho bl:JilEting's mass in hoight and width co that it appo:::lrs to bo dividod into distinct maccing olomontc and details that can bo porcoivod at tho scalo of the podostrian (soo Illustration 5.05.08 C.? bolow), Illustration 5.05.08 C,? Page 53 of 156 ._" -- Corner lots 3t an intorGoction of two or moro artorial or Gollector roads e:hall bo dosignod with additional architoctural ombollie:hmente:, e:uch as cornor towore:, or othor e:uch dosign foatu roe: , to omphae:izo thoir location ae: gatowaye: and trane:ition points within tho community. b. Building orientation standa."ds. Facadoe:/olovations that aro adjaGeRt to 3n arterial or Gollector street, or a na'lig3blo watorway, shall have two of tho following doe:ign foaturos; i. Window£ 3t 3 minimum of 40 porcont of tho affoctod facado; ii. Pro:ioctod covorod public ontry with a minimum of 25 porcont of tho wall spaco devoted to v:indo'J.!£: iii. Covorod '.valk\\·ay (excluding canvae: typo) unless providod with e:ix (6) inch columne: or bottor attached to tho building at a minimum of oight feot wido with a 60 porcont minimum covor3go for tho affoctod f3cado. c. FaGadÐlwa!/ height transition. Now de'lelopmeRts that aro loc3tod within 300 foot of an existing building, and aro moro than twico tho height of 3ny oxie:ting building within 300 foet E:hall provide tr3ne:itional m3e:sing elomonte: to tr3ne:ition botwoon tho oxie:ting buildings of Im".'or height within 300 feot, and the proposed development. Tho tram:itional maGsing elomont can bo no more than 100 porcont tailor than tho avor3go hoight of tho adjacent buildings (e:oo IIIustr3tion 5,05.08 C.8 bolow) .. . IlIue:tration 5.05.08 C.8. d. Faoado standard. /\11 prim3ry facadoe: of a bYilding e:hall bo doe:ignod with conGistont 3rchitectural e:tylo, dot3il and trim faaturee:. Facades 3tt3chod to 3 primary facado e:hall incorporato foaturoe: of tho primary fac3do for a minimum of 33 porcont of tho o'.-orall 'J.'alllength moasurod from tho attachod prim3ry fac3do. In tho cae:o of outparcol buildings, 311 oxtorior bcadoe: Ghall 3dhoro to the roquiromontG of thie: di'.-ision v:ith rOGpoct to architoctural dOGign troatmontG for primary facados. i. Window stanckm:J.s: WindowE: shall not appoar to bo falso or appliod. ii. Awning standards: Thoso standarde: apply to a'NningE: ae:sociatod with 3nd attachod to a building/structuro. (Seo Illustration 5.05.08 G,.Q.) lIIue:tration 5.05.08 C.g. Mansard a'Nnings which aro awnings that aro moro than 90 porcont of a facado or thoso that connect two fac3doe: shall adhoro to all roof standards of this soction of this Codo. All othor av:ninge: which are awningG that conGtituto loss than 90 porcont of a facado and which do not provido a connoction botweon facadoE: Ghall 3dhoro to tho follO'.\'ing e:tandards: a) N::nings may be backlit providod tho illuminatod portion of tho a':ming 'Nith graphicG dOOE: not oxcood tho E:izo limitationE: and E:tandardG of thiE: Codo. .^.utomobile E:aloE: parking lot awnings: Shado awningE: may bo crocted in automobilo E:310E: parking lots e:ubject to tho following requiromontE: and E:tandards: a) No E:hado awning E:tructuro shall bo constructed within 75 foot of any public or privato E:troot. b) No one shade awning structuro may oxcoed an aroa sufficient to provide covor for moro than 20 automobilos. Page 54 of 156 ... c) The minimum 60paration bOÍ'.voon 6hado a'....ning struotur06 sh:::lll bo 100 foot. d) Multi colored shado awning Gtructuros aro prohibitod and tho uso of black, gray, floroGoont, primary and/or socond:::lr)' colors iE: prohibitod. Earth tone colors aro onoouragod. iii. Ovcrf:¡txld ooors: Ovorhoad doors faoing one another may bo troated as intorior spaco providod that tho buildings moot all othor roquiromontG of this sootion 5.05.08, (Soo Illustration 5.05.08 C.1 0 bolow) Illustration 5.05,08 C.1 O. e. .~A:Jssing st:Jnck:J..-.ds. Exterior faoades shall bo dOGignod to om ploy tho following dosign treatmontG on tho ground floor: i. No horizontallongth or unintorruptod curvo of a building faoado shall oxooed 100 linoar foot. For aroaded faoados, no horizontal length or unintorruptod curvo of tho aroadod fao:::ldo shall oxcood 120 feot, but '::::Iriod longths are desirablo. Projoctions and r0006SOS shall h:::l'/O a minimum dopth of throo foot with 25 poroent of thoGO having :::I variod longth '::ith a minimum difforontial of one foot (Soo IIIu6tration 5.05.08 C.11 bolow), Illustration 5.05.08 C.11. ii. Extorior 'Nail plan06 shall not conE:tituto more than 60 poroont of oaoh affootod ground floor faoade. Tho 'Nail plane shall bo moaE:urod :::It one foot off tho oxtorior wall E:urfaoo on oaoh sido of tho ':mll. iii. Primary faoadoE: on tho ground floor E:hall havo foatures along a minimum of 50 poroont of thoir horizontallongth por affoctod E:ido. Thoso foaturoE: includo, but are not limitod to: aro:::ld, OE: a minimum of six feot oloar in 'J.'idth; display windov-'6; ontry aroaE:; or othor suoh de6ign eloments. Awnings are inoludod in this oalculation :::It 1.5 timos tho \vindO\\' width when aSGociatod with windowE:/doors :::Ind aro in incromonts of 20 feot in longth or loss. f. Project standards. Both singlo :::Ind multi uso buildings and projootE: shall :::Ilso bo roquirod to provido a minimum of four of tho f-ollowing building dosign troatmontE: (6eo IlIuE:trations 5.05.08 C.12 and 1 ð below): i. Canopie6 or portico, intogr:::ltod v:ith tho buildings maE:E:ing and style¡ IIIu6tration 5.05.08 C.12. Illustration 5.05.08 C.1 ð. g. Deta.'! F<J:Jt/;Jros i. Purposo and intont. Tho dosign olomonts in the following E:tand:::lrds E:h:::lll be integral parts of tho building's oxtorior faoado :::Ind shall bo intogratod into tho overall arohitootural stylo. ThoGO 010ment6 shall not oonE:iE:t sololy of appliod gr:::lphioE:, or paint. ii. Bian.'< VK1H arOGs. Blank ·....all aroaG 6hall not oxoood ton foot in vortioal dirootion nor 20 foot in tho horizontal dirootion of any primary faoade. For fao:::ldoE: oonnooted to a primary faoado thi£ 6h:::lll apply to a minimum of ðd poroont of tho attaohod faoade moaGurod from tho oonnootion point. Control and oxpanGion joints within thiE: :::Irea E:hall conE:tituto blank 1/:all aroa unlosE: usod m; :::I Page 55 of 156 ... -. - dooorativo pattorn and E:paood at intorvale of E:ix foot or 10E:e. Roliof and rovoal work depth mUE:t bo a minimum of one half inoh (soo IlIuE:tration 5.05.08 C.11 below). Blank ',:.all area may utilizo landscaping to aE:E:iE:t in roduoing the blank w.all aroa. Landscaping E:hall not be in lieu of arohitectural troatmont. (Soo Illustration 5,05.08 C,15 below). IlIu€:tration 5.05.08 C.11. IlIuE:tration 5.05.08 C.15. iii. RÐpøating faÐade troC/tmønts. building f::lOadoe ehall inoludo a ropeating pattern and shall inoludo no Ieee th::m throe of tho doeign oloments listed bolow. At loaet one of thoso dosign olements shall repeat horizontally. /\11 deeign olomente Ghall ropoat at interval€: of no moro than 50 foot, horizontally and a maximum of 15 foot '¡ertioally. a) Color chango; b) Toxturo chango; 0) Matorial modulo ohange; d) ExproGsion of arohiteotural or struotural baYE:, through a ohango in piano of no lOSE: than 12 inohoe in width, euoh as a rovoal, an offsot, or a projeoting rib (soe IlIuetration 5.05.08 C.16 bolow); IIlu€:tration 5.05.08 C.16. 0) Architeotural banding; f) 8uilding sotbaokG or projections, a minimum of throo foot in width on uppor le'lol(s) or, g) Pattorn ohango. h, AdditianC/.' facC/de design t:-øC/tmants far fAI:J,'t.ip.1.o usø buildinge. i. Purpasa C/nd intent. Tho presonoo of buildings ':lith multiplo tonante createe; varioty, broaks up largo oxpon€:es of unintorrupted faoadm:, and oxpandc tho rango of tho cito'c aotivities. Windowc and window dicplaYE: of suoh etoros e;hall bo uced to oontribute to tho "icual intorost of oxtorior faoadee. Tho etandardc in thiE: E:eotion aro dirooted towmd thoso situations 'I.'hore moro than one rotailor, \\'ith coporato oxterior customer entrancoe, aro looated within tho prinoipal building. ii. First flaar primary faÐ::JOO trÐC/tmønts. a) The first floor of tho primary faoadoc shall, at a minimum, utilize windowc botween the hoights of throo foet and eight feet abovo the wall<woy grado for no lose than ðO peroent of the horizontal length of the building faoade. b) 'NindO\v£ E:hall be rooosE:ed, a minimum of one half inoh, and shall inoludo '¡isually prominant sills, chutterc, etuooo reliefe, or other euoh forme of framing. i. OI:Jtpareø,le. i. PI:Jrpasø ami intønt. To provido unifiod arohitootural doeign and site planning bøtv:oon outparoel ctruoturee and the main E:truoturo on tho cito in ordor to enhanoo tho visual impaot of the struotureE: and to provido for eafo and oon'ioniont vohioular and pedoctrian Page 56 of 156 - . assess and mo':ement within the site. ii. Ol:.Jtp::1tÐei design: All exterior facades of an outparoel struoture shall be oonGidered primary faoades and shall employ arohiteotural, site, and landscaping design elements which are integrated with and common to thoGe used on the primary struoture on site. Those oommon design elements shall inolude colors and materials aSGooiated with the main structure. Whon the use of oommon ':.(011, side by side de\'eløpment occurs, continuity of faoades and consolidated parking for several businesGes on one parking lot may bo used, Outparoel Gtruotures that are adjaGent to eaoh other shall provide for vehioular oonneotion between thoir respective parking lots and provide for interconnection of podestrian walk'Nay!::. j. Roof t.'"eotmeAts. i. Pl:Jtpose ami .'niemt. Variations in roof lines shall be uGed to add interest to, and reduoe tho masGing of Inlildings. Roof foatures shall bo in scalo with the Inlilding's mass and oomplemont tho charaoter of adjoining and/or adjacent buildings and noighborhoods. Roofing material should bo constructed of durable high quality matorial in ordor to enhanoe the appearanco and attractivoness of tho oommunity. The follov:ing standards idontify appropriate roof treatments and featuros, ii. Roof edge and par:1pet tr-eatmeFlt. .^,t a minimum of t>:,(O looatiom;, tho roof odgo and/or parapet shall havo a vertical change from tho dominant roof condition, a minimum of throe foet. /\t least one suoh change shall bo located on a primary faoado adjaGent to a collector or arterial right of ','my (see Illustration 5,05.08 C.17 below). One additional roof chango must bo provided for overy 25,000 square foot inorement over 50,000 square foet of ground floor spaoo, Illustration 5.05.08 C.17. iii. Roof{; shall meot the f.ollmving requirements: (See Illustration 5.05.08 C.18 below) a) Parapets shall be used to oonoeal roof top equipmont and flat roofs; b) VVhere overhanging eO','es are used, overhangs shall be no less than two feet boyond the supporting 'Nalls, 'Nhore ovorhangs are less than two foot they shall bo providod 'It'ith a band or cornioe, a minimum of eight inohes undor the soffit at the v:all. c) Faoia shall be a minimum of oight inohos: IlIuEtration 5.05.08 C.18. d) Tile or metal aE the dominant roof matorial. i" , . Prohibitod toof typos and m3wtiais. Tho follm\'ing types of materials are prohibited: a) /\sphalt shingles, exoept laminated, 320 pound, 30 year architectural grado asphalt shingles or bettor; b) Mansard roofu and canopies without a minimum ','ertioal distance of eight foet and at an angle not less than 25 degrees, and not greater than 70 degreos; 0) Roofs utilizing less than or equal to a hvo to 12 pitoh unless utilizing full parapet ooverago; and Page 57 of 156 d) Back lit œ::nings UGod as a manGard or oanopy roof. k. EAtrylKlys/cl:Jatomer eAtr::mce t-rfJûtmeAt-s. i. Pl:Jrpose ::md intfmt. Entry"...ay dosign olomonts and variationG aro intondod to give protootion from tho sun and advorso woathor conditions. Theso olomonts aro to bo intogratod into a comprohom:ivo dosign style for tho projoct. ii. Entf)"I/QY&/Gustomor eAtr::mce st::mda."ds. Thoso standardG idontify appropriato ontry foaturos. a) SiRgJe I:Jse buildings. Singlo uso builEtings shall havo cloarly dofinod, highly visiblo oustomor ontranoe€: whioh shall includo the follO'.ving: (0 I\n outdoor patio aroa adjacent to tho oustomor entranco, a minimum of 200 cquaro foot in Droa 'Nhioh incorporato€: tho following: (1) benoho€: or othor soating oomponont€:; (2) docorativo landsoapo planters or wing wallG ·.·..hioh inoorporato land€:capod aroaG; and (3) structural or vogetativo €:hading. (4) front ontry shall bo sot book from tho dri·.'o a minimum distanoo of 15 foot. b) MI:J!tjplo use buildingG :::md projocts. Multi use structures shall includo tho following: (i) l".ncher tenants Ghall provide oloarly dofinod, highly visible oustomor entrances, (ii) /\ provision for intormittont Ghadod outdoor community space at a minimum of one porcont of tho total groGG floor aroa of tho builEting or oommercial projoot. Said oommunity €:paoo Ghall bo locatod off or adjasent to tho oiroulation path of tho oomplox or main ctructure and shall incorporato bonohes or other seating componontG. (iii) /\ front ontry €:hall bo Got baok from tho dri·.'o a minimum of 15 feot. I. .^Aaterl::l.1.s ::lRd cokJr. i. Pl:Jrposo ::lRd lRtent. Extorior BuilEting oolors and matorials contributo significantly to tho viGual impact of a Building on tho oommunity. Thoy Ghall be '11011 dosignod and integratod into a oomprohon€:i'lo dOGign style for tho projoot. ii. EJde...ior building materials st::lm:k1rds. a) Predominant oxtorior builEiting matorials Ghall inoludo, but are not limitod to: (i) Stuooo; (ii) Briok; (iii) Tintod, toxtured, othor than smooth or ribbod, conorote maGonry units; or (iv) Stono, oxcluding an ashlar or rubblo oonstruotion ~ Page 58 of 156 - . . b) Prodominant oxtorior building matorials that aro prohibitod includo: (i) PIDE:tio Giding; Oi) Corrugatod or refleotivo motal panolG; (iii) Tilo; (i':) Smooth or rib facod ooncroto blook; and (v) Appliod Gtone in an aGhlar or rubblo look. c) Automotivo and othor Gpocia typo sorvioo buildings m3Y utilizo profabric3tod motal buildings undor tho following conditions: (i) Metal buildings aro more than 250 foot from any right of \·..ay; (ii) Motal buildings aro locatod directly bohind tho main Ghowroom/salos contor GO DE: not to bo a dominant moade along tho stroot; (iii) No more than 20 porcont of tho building oan bo situatod boyond tho main auto salos contor and showroom. iii. Pr-ooomintlnt oxterior oo,1.or(s). 3) Tho uso of blaok, gr3Y, fluorescont, primary and/or socondary oolors is prohibited as tho prodominant oxterior building or roof color(s). Earth tone colors aro encouragod. i" . . Building trim oolor(s). 3) 8uilEling trim and aocont aroas may foaturo any color(s), limitod to ton porcent of the affectod facado sogmont, '....ith a maximum trim hoight of 24 inchos total for its shortost distanco. b) Noon or noon typo tubing shall bo pormittod as providod f-or in soction 5.06.0J of this Codo, .^.n appro':ed lighting pl3n oonsistont with tho provisions of Goction 5.06.04 of this Codo shall bo providod. 6. 8ifJnofJo. D. Architoctural and sito dosign st3ndards and guidolinos for commorci31 buildings 3nd projocts undor 20,000 squ3ro foet in sizo. 1. Lighting. a. P/;Jrposo ::md inwnt, Commercial buildings and projocts, including thoir outparcols shall bo dosigned to provido safo, convoniont, and officient lighting for podostrians and vohiclos. Lighting shall bo dosigned in a consistont and coordinated manner for tho ontire sito. Tho lighting and lighting fixtures shall bo integrated and dosignod GO as to onhanco tho "isual impact of tho projoct on tho community and/or should bo deGignod to blondG into the surrounding landscapo. b. ShieldinfJ sklnck:J."ds. Lighting shall bo dosignod so as to provont diroct glaro, light spill3g0 and hazardous intorferonce with automoti':o and pedostrian traffic on adjasent streots and all aEljasent proportios. c. FixtlKe hoigM staAd-arfi.s. Lighting fixturos chall bo 3 minimum of JO foot Page 59 of 156 .... in hoight within the parking lot and chall bo a maximum of 15 ~t i~ ...., hoight within non '.'ohioular podostrian aroac (soo Illustration 5.05,08 D.1 bolo'u) ... . IlIuctration 5.05.08 D.1. d. Oosl§Jn sk1noorGf.&. Lighting sh:1I1 bo usod to provido safoty whilo aooont key architootural olomonts and/or to omphasizo landsoape foaturos, Light fixturos shall bo docignod as an intogral docign olomont that complomonts tho dosign of tho project through ctylo, matorial or oolor (excluding florosoont and primary/sooondary oolorc) and chall bo docignod to blond into tho landscape through tho uco of dark oolors. Mill finish ic not pormitted. 2. $e....,,:Ge Fl:Jflction /\.~e:ls (SF!'.) .wøJuGHng ÉJl:Jt not .!:mitefi w ,loading, storago, mef:f:1:ln:Ga! equ.ipmen!, :lAfi so!ifi Vlasto disposa,l. a. Purpose :lnd ¡nwn!. To diminish, in a safo mannor, tho viGual impaots of servioo funotions that may distraot or have a nogativo impaot on tho ctrootsoapo, landcoape and/or tho o'.'orall oommunity imago. b. Bufforing :lnd sO"'-Ðen:ng sk1f1(¡k1...ds, In aocordanco with tho provisionc of Chapter 4 of thic Codo, loading aroas or docks, outdoor ctorage, trach collootion, moohanioal oquipmont traGh oompaotion, vohioular storago, rooycling, roof top oquipmont and othor sorvico funotion aroas shall bo fully coroonod and out of viow from adjacent proportios at ground viow 10'101 and in '.'io'..: of roadway oorridors. o. Mate..i3ts :lnd design standards. Sorooning matorial and docign shall bo consiGtont '/.'Ïth docign troatmonts of tho primary faoados of tho commorcial building or projoot and the landscapo plan. d. O...:v.e tf:1rougf:1 w:noovl skmda..·ds. Drivo through windoYÆ and lanos chall bo dosignod to adhoro to tho following standards; i. Dri'/o through windows shall not bo plaood boh·.'oon tho right of way of a primary oollootor or arterial roadway and tho acsooiatod building, unloGs the vogetation roquirod for a Typo "B" landssape buffer is installod \\'ithin tho buffer width roquirod for tho projoot and maintainod along tho ontiro length of tho dri'.'o through lano botwoon the drive through lane and tho adjasent right of WDY. I\f:. an altornative to tho vogotativo buffer roforonood abovo, a pormanont oovorod porto ooohoro typo ctruoturo, othor than a'..ming/oanvac typo ctruoturo(s), may bo inct::lIlod, oxtonding tho width of tho dri'/o through and covoring tho corvioo window(f:.). Such ctructuro shall be integratod structurally and architooturally into tho docign of tho bi:lilding. ii. Only a single drivo through faoility if:. pormittod. ð. Peoest."Î:ln VIa.'/(VIaYs. a. Pu...pose ::md Intent. To provido safa opportunitiof:. for alternativo modoc of tranf:.portation by connooting with oxisting and futuro podostrian and bioyclo path'//DYs 'Nithin tho oounty and to provido safo paf:.sago from tho public right of way to tho commercial building or projoot, and botwoon altornativo modos of transportation. b. Pooostr.tm aCGess sk1nck1...ds. Podestrian ways, linkagos and paths chall be providod from tho building ontry(s) to currounding ctrootc, oxtorn:::l cidowalkc, :::Ind outparcolc, Podostrian wayc shall bo docignod to provido aooess bet'....oon parking aroas and tho bi:lilding ontranoo(f:.) in a coordin:::ltod and cafo mannor. Podof:.trian wayf:. may bo inoorporatod 'Nithin a roquirod landGoapo porimotor bi:lffcr, providod c:::lid buffer if:. not lesf:. than ton foot in 'Nidth on avorago. Sharod podostrian \·/Dlk'.vayc aro encouragod boh\(oon adjaoent oommoroial projootc. C. .".1jn¡mum ''':It:os. Podostrian 'Nayc shall bo provided at a minimum ratio of Page 60 of 156 one for oaoh parcel. d. ~Æn¡mum dimonsions. Podostrian ·....alkways shall bo a minimum of fivo foot wido. 0, MatÐ....'a!S. Podostrian v:alkways shall bo oonsistont ·:lith tho provisions of seotion <1.5 of tho .^.merioans with Disabilitios /\ot (AD/\') ,^.ooossibility Guidolines. Matorials may inoludo spooialty pavors, oonoroto, oolorod oonorato or stamped pattorn conoroto. f. ,oøoostrian crossV'K1!ks at huilding pOFimetor. building porimotor oroEJswalks shall bo dosignod and ooordin:::ltod to move pooplo safoly to and from buildings :::lnd parking aroas by idontifying podostrian orossing€: with signago and variations in pavomont matorial€: or markingG. g, Shado podostrian walkways shall provido intermittont shadod aroas when tho walkway oxooeds 100 linoar foot in longth at a minimum ratio of 100 squara foot of shadod aroa por ovory 100 linoar foot of walkway. Shado struoturos may bo n:::ltural, manm:::ldo or :::l oombin:::ltion of both. 4. Building dÐs-ign. a, PlXfJOSO ::md int-ÐAt. To maintain and onhanoo tho attraotivonoss of tho streetsoapo :::lnd tho oxiGting arohiteotural dosign of the oommunity. buildings sh:::lll havo architootural foaturas and pattorns that provido visual intorast from tho porspootivo of tho podostrian; roduoo massing :::losthotic; rooognizo looal charactor; and bo sito rasponsi·:o. Facados shall be designod to roduco tho masG/scalo and uniform monolithic :::lppearanoo of large unadornod wallG, whilo providing visual intorost that will bo conGistont with tho oommunity's idontity and character through the usa of dot:::lil and GC:::llo. /\rtioulation is acoompliGhod by varying tho buildings mass in hoight :::lnd width so that it appo:::lrs to bo di':idod into distinct massing oloments and dot:::lils that oan bo porcoivod at tho scalo of tho podoGtri:::ln (soo Illustration 5.05,08 0,2 bolow), Cornor lots at :::In intorsection of t'NO or mora artorials or major calleGtor roads shall bo dosignod to omphasizo thoir location, 8uildings and structuras on cornor lots shall bo dosignod with additional arohitectural embollishmonts Guoh as cornor to·....ors, or othor suoh design foaturas, to emphaGizo their looation aG gatow:::lYs and transition pointG within tho community, IlIuGtration 5.05.08 0.2. b. Building orientation standards. 8uilding bcados faoing a public stroot botwoon 5,000 squaro foet and 19,999 Gqu:::lro foot in grosG building :::lroa Ghall have two of tho follo'.\<ing: i. 1j',1jndowG at a minimum of dd porcont of tho affoctod facado. ii. Covorod public ontry with a minimum of 20 porcont of tho wall sp:::lce dO'Jotod to windowG. iii. Covorad walkway (oxoluding oam'as typo) un loss providod 'A'ith Gix inoh columns or bottor att:::lchod to tho t:»uilding at a minimum of six foot wide with a 50 poroont minimum covorago f-or tho affootod bcado. For t:»uildings lesG than 5,000 squaro foot in araa, bcades faoing :3 public Gtroot Ghall h:3vO one of tho follo'::ing: i. Windows at a minimum of 25 poroont of tho affootod faoado. ii. Coverod public ontry with a minimum of 20 poroont of tho wall Gpaco dovotod to windo·IJG. c. ,f={1f:::JdoI'IK1!! hÐight transitioA. No'l.' developments that aro locatod within 300 foot of an oxiGting building, and :::lro moro than t'/lioo tho hoight of Page 61 of 156 - - - ::my oxiEting building within 300 foot Ehall provido tranEitional massing olomontE to transition botwoon tho oxiEting buildings of lowor hoight within 300 foot, and tho propoEod de'Jelepment. The tranEition::lI maEGing olomont oan bo no moro than 100 porcont tailor than tho avorago hoight of tho adjaGent buildings (GOO IlIuEtration 5.05.08 D.3 bolo"') ... . IIluEtration 5.05.08 D.3. d. F{JCX100 sKmd\:1,r:ds. All primary faoadoG of a building shall bo dosignod with oonsiEtont arohitootural Gtylo and dot:3il and trim foaturos. FacadoE attachod to a primary faoado shall incorporato foaturoc of tho primary facado for a minimum of 33 porcont of tho o'.'orall walllongth meaGurod from tho attaohod primary fac:3do. In tho caso of outparool buildings, all oxtorior faoadoG Ehall adhoro to tho roquiromentG of thiE diviGion with rOGpoct to arohitoctural dOEign troatmontE f-or primary faoadoE. o. Massing sKmd::Jrds. Extorior faoadoE Ehall bo dOGignod to omploy the following dosign treatmontE: (1) No horizont:3llongth, or unintorruptod ourvo, of tho ground floor of any primary facado, for buildings botwoon 10,000 and 19,999 Equaro foot in groGG buildiRg aroa, Ehall oxoood 50 foet, with the maximum boing 80 foot for :3roadoE. ProjoctionE and rooeEEOS Ehall h:3YO a minimum dopth of two foot and :3 minimum total width of 20 poroont of tho facade ':/ith varied long thE. For buildings undor 10,000 Equaro foot, no horizontallongth, or unintorruptod curvo, of any primary faoado Ghall oxoood 35 foot, with tho maximum being 60 foot for :3roadoG. Projoctions and rooOSSOG shall havo a minimum dopth of one foot and a minimum total width of 20 porcont of tho facado with variod lengths. ^II buildiRgs Ghall provido a minimum of one offEet por public stroot or navigablo wator\vay. (2) For buildiRgs botwoon 10,000 EqU:3ro foot and 19,999 squaro foot in groSG buildiRg aroa, extorior wall planoG Ghall not conGtituto moro than 50 poroont of eaoh :3ffoctod ground floor facado ovor 30 foot. Tho 'Nail piano Gh:311 bo moasurod at one foot off tho oxtorior wall surfaoo on oach Gido of tho wall. (3) Primary facados on tho ground floor for buildings botwoon 5,000 squaro foot and 19,999 squaro foot in groGG buildiRg aroa shall h:3vO arcados a minimum of Gix foot claar in width, dicplay 'Nindo'NE, ontry aroaG, or other cuch foaturos along no lOGS than 33 poroont of tho horizontallongth f-or oach prim:3ry faoado. Awnings aro inoluded in thiG oaloulation at 1.5 timoc tho windov: width whon assook:ltod with \\'indowG/doorG in incromontc loss than ton foot. i. Winoow standards: 'Nindov.'s chall not bo falGo or appliod. ii. Awning SkJnck:JrGis: Thoso standards apply to a't.'ning£ aSGociatod and attachod to a bUilding/e;truoturo). (Soo IlIuctration 5.05.08 C.9 in this Ch:3ptor) Mansard awningG v.'hioh aro awningc that aro moro than 90 peroont of a faoado or thoso that connect two faoados shall :3dhoro to all roof standardG of this Gootion of this Codo. Othor a'lmingG which aro awnings that constitute lOGS than 90 poroont of a facado and whioh do not provido a connoction betwQon facadoG Ghall :3dhoro to the following standards: :3) l\vmingG may bo backlit providod tho illuminatod portion of tho awning with graphicG doos not exoood tho sizo limitations and Gtandards of this Page 62 of 156 - (;aGe,. b) I\utomobile salos parking lot awnings: Shade a'Nningc may bo orootod in automobilo cales parking lotc subject to tho following roquiromonts and standards: i) No chado a'Nning struoturo shall bo oonstruotod v:ithin 75 foot of any public or privato ctroot. ii) No one shado awning struoturo may oxoood an aroa cufficiont to provido oo'o'or for more than 20 automobiloc. iii) Tho minimum soparation botwoon a'Nning shado struoturos shall bo 100 foot. i") . Multi oolorod shado a'.vning struoturec aro prohibitod and tho uso of black, gray, floresoont, primary and/or cooondary colors is prohibitod. Earth tone colors aro encouragod. iii. Ovornoad doors: Ovorhead doorc facing one anothor may bo troatod as intorior cpaco provido[d] that tho buildings meot all othor roquiremonts of this soction of tho Codo. (Soo Illustration 5.05.08 C.1 0 in thic Chaptor) f. p..rojoct standards. Both single and multi uso indldings and projocts shall also bo roquirod to provido a minimum of four of tho following building dosign treatmontc (soo Illustration 5.05.08 0,4 bolow). " Ý. vi. vii. 'o'iii. ix. x. xi. xii. xiii. xiv. i. Canopios or porticoc, intogratod with tho building's massing and styIEr, ii. OYorhangs, a minimum of throo foot; iii. Arcadoc, a minimum of six foet cloar in width; i" Y . Sculptured artwork; Raisod cornico or building banding with a minimum of two reliofs; Poakod roof forms; Archoc; Oicplay windows; Ornamental and structural architoctural dotails, other than cornicos; '.vhich aro intogratod into tho building Ðtructuro and ovorall docign; Clock boll to'Nom or othor such roof troatmont (i.o. dormors, belvodoros, cupolas); Projoctod ontry. Emphasizod building baco, a minimum of throo foot high and a minimum projoction from tho wall of two inchoc, Additional roof articulation abo'o'o tho minimum standardc; or Any othor treatmont which, in tho opinion of tho County Managor or his docignoe, moots the intont of this soction; IlIuctration 5.05.08 0.4. Page 63 of 156 ... ::md one of tho following cito docign olomontÐ: i. Doooratiyo landsoapo plantors or planting aroaÐ, a minimum of fivo foot wido, and areas for shadod soating oom:iGting of a minimum of 100 square foot; ii. Intogration of cpocialty pavors, or Gtampod concroto along tho builc;jings walk'Nay. Said treatmont shall constituto a minimum of 60 porcont of 'Nalkway area; iii. Wator olomont(s), a minimum of 150 cquaro foot in area; or i" .- . Two aooont or spocimon treos (abo'Jo tho minimum landsoapo roquiromonts of tho Codo) along tho front faoado with a minimum hoight of 18 foot at planting. g. Dew!! fe::Jturos. i. Purpose :JFld intent. Tho dosign olomentG in tho following standardc shall bo intogral parts of tho buih::ling's oxtorior facado and shall bo integrated into tho ovorall architoctural stylo. Thoco elemonts chall not concist Gololy of appliod graphioG, or paint. ii. Blank Yo',]!! ::IraQiS. Blank 'Nail areac shall not oxoood ton foot in tho vortical dirootion nor 20 foot in tho horizontal diroction of any primary bcado. For facados oonnoctod to a primary facado thic shall apply to a minimum of 33 porcont of tho attachod faoado and measured for tho connoction (control and oxpansion jointc 't.'ithin thic area shall constituto blank wall aroa unloGc ucod ac a docorativo pattorn and Gpacod at intorvalG of cix feot or 10SG. Roliof and revoal 'Nork dopth mUGt bo a minimum of one half inch (coo Illustration 5.05.08 0.5 balm·..). Blank wall aroa may utilizo landscaping to ascist in roducing tho blank 'IJaIl aroa, but the landscaping Ghall not bo in liou of architoctural troatmont. (Soo IlIuctration 5.05.08 C,15 in thic Chaptor) Illustration 5.05.08 0,5. Hi. RepeÐting faoado treatmonts. Building fasades shall includo a repoating pattorn and chall includo no loss than threo of tho docign olomonts ¡ictod bolow. /\t loast one of thoso dOGign elemonts shall ropoat horizontally. All dosign olomonts Ðhall repoat at intorvals of no more than 25 foot, horizontally and a maximum of 15 foot vortically. a) Color chango; b) Toxture chango; c) Matorial modulo chango; d) Exprocsion of architoctural or ctructural baYG, through a chango in piano of no loss than 12 inchoc in width, Guch as a rovoal, an offsot, or a projocting rib (soo IlIu£tration 5.05.08 0.6 bolo'..,.): Illustration 5.05.08 0.6. 0) /\rchitoctural banding; f) Builc;jing setbaeks or projoctions, a minimum of throo f-oot in width, on uppor lovol(s); or, g) Pattern ohango. h. OutparGels. Page 64 of 156 .... i. .P.t:JrpOSÐ ::1fJd intÐAt. To provido unifiod arohitootural dosign ana Eito planning botwoon 91:1tparcels ::md tho main strl:lGtl:lre on Eite in ordor to onhanoo tho viEual oxporionoo for tho vohioular and pedo£trian publio, and to provido for £afo and oonvenient vohicular ~md podostrian access and movomont within tho sito. ii. Outparool dosign. /\11 oxtorior faGades of ~m ol:ltparGel bl:lilding £hall bo oonEidorod primary faGades and Ehall om ploy arohitootur::II, Gito, and land£oaping do£ign olomontE whioh aro integratod ':lith and common to thoso usod on tho primary strl:lstl:lre on £ite. Theso common dOEign olomonts shall inoludo colors ::md matorialE aEEociated with tho main strl:lGtl:lre. 'Nhon tho u£o of common 'Nail, Eido by £ido de\'elopment oooum, continuity of faGaEles and oonEolidatod parking for sovoral businoE£os on one parking lot may bo usod. Ol:ltparGels that aro adjacent to oach othor arc onoouragod pro'lido for '.'ohioular connootion botwoon parking lots and provido for podm~trian intoroonnootion. ol:ltparGels Ehall be dOEignod and integratod '....ith tho main projoot. i. Roor tre:::JtmÐnts. i. PurposÐ :::Jnd intsAt. VariationE in roof lines Ehall bo used to add intorcEt to, and reduoo tho maEEing of bl:lildings. Roof foaturoE Ehall be in Eoalo ·....ith tho bl:lilding's maSE and complomont tho charaotor of adjoining and/or adjaGent bl:lildings and noighborhoodE. Roofing matorial should bo conEtructod of durablo high quality matorial in order to onhanoe tho appoaranoo and attractivonoEE of the oommunity. Tho follm\'ing Etandardc idontify appropriate roof treatmontE and foaturoE. ii. Roof ÐdgÐ ::lnd p:::Jf:::Jpet treDtmÐAt. At a minimum of two looation£, tho roof edge and/or parapot shall havo a vortical ohango from tho dominant roof condition, a minimum of two foot. /\t 10aEt one suoh chango Ehall be looatod on a primary faGade adjacent to a oollootor or artorial right of way (EOO IlIuEtration 5.05.08 0.7 belm~¡). IlIuGtration 5.05.08 0.7, iii. Roofs Ehall moot tho following roquiromontE: a) ParapetE £hall bo u£od to conceal roof top oquipmont and flat roofE; b) Whero ovorhanging oavo£ aro uGed, ovorhangE £hall bo no 10EE than two foot boyond tho Eupporting v.(all£. 'Nhoro ovorhangG aro locs than two f.oot thoy shall bo providod with a band or oornico, a minimum of oight inohoE, undor tho soffit at tho wall. c) Facia chall bo a minimum of oight incho£. (EOO Illustration 5.05.08 0.8 bolmv); IlIu£tration 5,05.08 0.8. d) Tilo or motal roof as tho dominant roof matorial. Î" . . .orohibjtÐd ({Jor t)'pes aAd matÐ:'iats. Tho following typo£ of matorialG arc prohibitod: a) I\£phalt shinglee;, oxoopt laminatod, 320 pound, 30 yoar architootural grade ae;phalt e;hingloe; or bottor; b) Mansard roofs and canopioe; without a minimum '¡ortioal distanoo of e;ix foet and at an anglo not loss than 25 dogroee;, and not greator than 70 dograoe;; Page 65 of 156 .. c) RoofG utilizing lOGS than or oqu:1I to a two to 12 pitoh unloEe: utilizing full parapot oovorago; and d) Baok lit a':minge: usod ::JE: a manGard or oanopy roof. j. EAtryW-aYS/customer oAtrance treatments. i. Purpose ::md iAwnt. Entr)"Nay dOEign olomonte: and variatione: aro intondod to givo protoction from tho Eun and ad'lorGo 'A'oathor conditione:. ThoGO olomontG :JrO to bo intogratod into :J comprohonEivo doe:ign e:tylo for tho projoct. ii. Entryw:::¡ys/oustomor Ðntranse st:::mron:Js. ThoGe Gtand:JrdG idontify :Jppropriate ontry foaturoG. a) SingJø uso buildings. Singlo occup:Jncy UGO buildings botwoon 10,000 Equaro foot :Jnd 19,999 square foot in aroa e:hall hœ:o cloarly dofinod, highly viEiblo cUGtomor entrancoE which Ghall includo tho follo'fling: /\n outdoor patio aroa adjacent to tho CUGtomor ontranco, :J minimum of 50 squaro foot in aroa and which incorporatos t'NO of tho following: (1) Bonchos or othor sO:Jting compononte:; (2) .'\ proviGion for intormittent e:hadod outdoor community spaco at a minimum of one porcont of tho tot:J1 gross floor aroa of tho l3uilding or commorcial projoct. Said community spaco e:hall bo locatod off or adjacent to tho circulation path of tho complox or m:Jin structure and shall incorporato benchos or othor e:oating compononts. Front ontry shall bo e:ot back from tho drive :J minimum of 15 foot. k. Misoe!!aneous e:tructuroG. i. Outside play struGwr-es. OutEido play structures shall not excoed 50 porcont of covorago along tho affoctod facade. No portion of any play structure 10c:Jtod boht/oon tho front l3uilding lino and any adjacent right of way shall oxcoed a hoight of 12 f-oot aG moaGurod from oxiEting ground olovation. In all othor msoc, no portion of any play structure shall oxcood :J maximum height of 16 foot as mO:Jsurod from oxicting ground olovation. Play structures sh:J1I bo limitod to oarthtono colors, with a maximum of throo color variation!:>. 5. .^.1ateria,1.s ::lnd o%r. a. Pu:pose and ¡nleAt. Extorior l3uilding colors and matorials contributo signific:Jntly to tho ':isual impact of a building on tho community. Thoy Eh:J1I bo 'Noll dosignod and intogratod into a comprohonsivo dosign style for tho projoct. b. Extorior building m:lwria!s swm::k1rds. i. Prodominant oxtorior building matorialE sh:J1I inoludo, but aro not limitod to: a) Stucco; b) Brick; c) Tintod, to*Ìurod, othor than smooth or ribbod, ooncrote masonry units; or Page 66 of 156 - - ... d) Stono, excluding an m:hlar or rubblo construotion look. ii. Prodominant oxtorior building motorial that aro prohibited inoludo: a) Plm:tio siding, unloss aeGociatod with Florida orackor etylo and utilizoe trim with a minimum of eix inohoE) for ite longth; b) Corrugatod or reflocti'.'o motal panole; c) Tile; d) Smooth or rib faood oonorote blook; and 0) Appliod etono in an ashlar or rubblo look. iii. Automotivo and othor epecial typo sorvico Inlildings may utilizo profabricatod motal buildings under tho follo'Ning conditione. a) Metal buildings aro moro than 250 foot from any right af way:; b) Motal buildings are locatod direotly bohind tho main showroom/Galee contor eo ae not to bo a dominant facade along tho street; c) No moro than 20 poroont of tho building can bo boyond tho main auto ealoe oontor and eho'.vroom. i'" Y. Prodominant oxtorior oolor(s). a) Tho use of blaok, gray, fluorosoont, primary and/or cooondary oolors is prohibited ae the prodominant oxtorior building or roof color(s). Earth tono oolors are encouragod. II 1J. 8uilding trim color(s). a) Building trim and aocont aroas may foaturo any oolor(s), limited to ton porcont of tho affoctod facade sogmont, ·....ith a maximum trim hoight of 24 inohos total for itG shortost dietanco. b) Noon or noon typo tubing shall bo pormittod ae providod for in sootion 5.06.03 of this Codo. An approvod lighting plan oonGistent with tho provisions of eoction 5.06.04 of this Codo shall bo providod. 6. Sign:Jgo. Tho provisions of thie soction chall also apply to oommoroial buildings and projeots with loss than 20,000 square foet of building aroa. 7. N.:Jtl:.J:Tli aAd manmaoo bodies of vIQtor (.'noJI:JEiing .'"e«:mtion :J.'"ÐDS OXCOOdJAg 12 foot iA width). a. Tho shape of a manmado body of wator, inoluding wot and dry retontion aroas, shall bo dosigned to appear natural by having off sots in tho odgo alignmont that aro a minimum of ton feot and spaced 50 foot apart. Natural and man modo bodios of v:ator, including wot and dry rotontion aroas, oxcooding 20,000 square foot in area, and which aro looatod adjacent to a public right of way, shall bo inoorporato[d] into tho ovorall dosign of tho prO:ioot at loast two of the following itome (soo Illustration 5.05.08 0.9 bolo'll): Illustration 5.05.08 0.9. i. ^ minimum of fivo foot wido 'N-alkway 'Nith treos an avorago of 50 foot on oontor and shadod minimum of six foot long bonchos or picnic tablos ovory 150 linoar foot. Page 67 of 156 ---. - ii. .'\ public assoss pior ·.vith cO'/orad strusturo ::md soating. iii. .^. plaz~/oourtyard, 200 squ~ro foot minimum, ·...,ith shaded bonchoE: and/or picnic tablos adjacoRt to tho "'lator body. iv. Pormanont fount~in struotura. E. ExooptionE: ~nd intorprotations. 1. ExcÐfJtioFls. ExooptionE: to tho proviE:iOnls of this Codo may bo grantod by tho board of county oommiGE:ionorE: in the form of a PUD zoning diE:triot whoro it can be domonE:tratod that E:uoh oxooptionE: aro nooosE:ary to allo·.\' for innovative deE:ign whioh, 'I/hilo \'~rying fram one or moro of tho provisionE: of thiE: diviE:ion, nonotholosE: aro doomod to moot tho o·./orall purposo and intont E:ot forth heroin. In tho C~E:O of individual commorcial i}uildings or projocts, whoro E:ito E:pooific bctorE: may impact tho ability to moot thoE:o standardE:, '¡~rianoo from one or more of tho pro'¡iE:ionE: of thiE: di·./ision may bo roquoE:tod pursuant to tho pracoduroE: E:ot forth in section 9.04.00 of thiE: Codo, 2. .l.FJterprotat.ïoFls. During tho oourE:O of ra·.'io':" of an SOP or SIP, aE: tho oaso may bo, E:hould an applicant and staff bo unablo to concur on tho applioation of a specific provision or pro'.'iE:ions of thiE: diviE:ion, tho County Manager or hiE: dOE:ignoo E:h~1I bo authorizod to m~ko a fin~1 dotormination. Tho County Managor or hiE: dOE:ignoo E:hall rondor hiE: finding in writing within 15 d~YE: of rocoipt of a 'A'ritton roquest from tho applisant. Tho applisant may ~ppoal tho dotormination of tho County M~nagor or hiE: dOE:ignoo to tho board of zoning appo~IE:, purE:u~nt to tho proooduroE: E:ot forth in section 10.02.02. SECTION 5.05.08. ARCHITECTURAL AND SITE DESIGN STANDARDS A. Purpose and Intent. 1. The purpose of these standards is to supplement existina development criteria in order to complement. enhance and enrich the urban fabric of Collier County with an abundant variety of Architecture. The development of a positive. proaressive and attractive community imaae and sense of place is vital to the economic health and vitalitv of Collier County. 2. Amona the recurrina details that are present in the architecture of Collier County include. but are not limited to. the followina: a. elements of Mediterranean desian emplovina sloped barrel tile roofs. arcades and stucco: b. Old Florida desian with wide verandas. metal roofs and lap sidina; c. Modern International: and d. various traditional historic references to Colonial. Bermuda and Island forms. 3. Buildina desian contributes to the uniaueness of the proiect area and the Collier County community with predominant materials. desian features. color ranae and spatial relationships tailored specificallv to the site and its context. 4. While architectural embellishments are not discouraaed. emphasis on scale. massina. form-function relationships. and relationship of the buildina or buildinas to the site and surroundina context is stronalv encouraaed. Recoanition of the environment and climate present in Collier County must be evident in the architecture. Gratuitous decoration applied to the buildina is stronalv discouraaed, Page 68 of 156 - 5. These standards and auidelines are intended to result in a comprehensive plan for buildina desian and site development consistent with the aoals. policies and obiectives of the Collier County Growth Manaaement Plan ("GMP") and the purpose and intent of the Land Development Code ("LDG"). These reaulations are intended to promote the use of crime prevention throuah site desian principals. includina visibility-site lines for law enforcement as well as the aeneral public. 6. To maintain and enhance the attractiveness of the streetscape and the existina architectural desian of the community. all buildinas must have architectural features and patterns that provide visual interest from the perspective of the pedestrian. reduce buildina mass. recoanize local character. and respond to site conditions. Facades must be desianed to reduce the mass/scale and uniform monolithic appearance of larae unadorned walls, Facades must provide. throuah the use of detail and scale. visual interest that is consistent with the community's identity and character. Articulation is accomplished by varyina the buildina's mass. in heiaht and width. so that it appears to be divided into distinct elements and details. B. Applicability. The provisions of section 5.05.08 apply: 1. To all new buildinas and proiects submitted on or after November 10. 2004 in the zonina districts set out below. At the applicant's reauest. proiects submitted between November 10. 2004 and January 2. 2005 may be reviewed for compliance with the reauirements of section 5.05.08 as they were set forth in the LDC before November 10. 2004. a. Commercial zonina districts, b. Non-residential PUD districts. and non-residential components of any PUD district. c, Business park districts. 2. To non-residential buildinas and proiects submitted on or after November 10. 2004 in any zonina district. but only when the followina conditions exist: ~ The proiect site is located on an arterial or collector road. as described by the Traffic Circulation Element of the GMP, or Q.. A proposed buildina's footprint would be located within 300 feet of the boundary of a residentially zoned district. 3. To all renovations and redevelopment. includina applicable additions of a buildina or site. as follows. except that "renovation" is not intended to apply to routine repairs and maintenance of an existina buildina: a. Any addition or renovation of an existina buildina or proiect includina vehicular use area (Le. - approved for use and occupancy as of November 10. 2004) that will result in a chanae to the exterior of the buildina or site such that in the case of: i. A buildina facade renovation where such addition. renovation, or redevelopment exceeds 50 percent of the wall area of an existina facade. that entire facade must comply with the standards of Section 5.05.08. ii. An addition or renovation to. or redevelopment of. an existina buildina or proiect. where the cost of such addition. renovation. or redevelopment exceeds 50 percent of the assessed value of the existina structure(s). or would exceed 25 percent of the sauare footaae of the aross area of the existina structures. the existina buildina(s) and the site improvements must conform with the standards of Section 5.05.08, Page 69 of 156 - iii. Uoon reoaintina an existina buildina. the colors to be aoolied must comoly with Section 5.05.08 D.13. Materials and colors. - - 4, Abandonment or discontinuance of use, a. Buildinas or oroiects that are abandoned (i.e. - their existina use ceases) are subiect to this Section notwithstandina Section 9.03.02 F.: i. Where the use of a structure. buildina or oroiect ceases for any reason. exceot where aovernment action imoedes access to the oremises. for a oeriod in excess of one Year. the orovisions of Section 5.05.08 aooly before re-occuoancy. Comoliance with this Section may reauire structural alterations. ii. The site desian standards of this Section aooly where the use of a structure ceases for any reason. exceot where aovernmental action imoedes access to the oremises for a oeriod of more than 180 consecutive days. C. Buildina desian standards. 1. Buildina Facades. All facades of a buildina must be desianed with consistent architectural style. detail and trim features. a. In case of buildinas located on outoarcels. and freestandina buildinas within a unified clan of develooment. all exterior facades shall adhere to the reauirements of this Section with resoect to architectural desian treatments for orimarv facades. (See Section 5.05.08 e.g. OutDarcels and freestandina buildinas within PUD and common ownershiD develoDments for additional desian standards). b. Buildinas or oroiects located at the intersection of two or more arterial or collector roads shall include desian features. such as corner towers. corner entrances. or other such features. to emohasize their location as aateways and transition ooints within the community. 2. Primary facade standards. a. Buildina entrance. Buildinas located alona a oublic or orivate street must be desianed with the main entrance clearly defined. and with convenient access from both oarkina and the street. b. Ground floor. Primary facades on the around floor must have features alona a minimum of 50 oercent of their horizontal lenath, These features include. but are not limited to: arcades: disolay windows: entry areas: or other similar desian elements. c. Desian features. The desian of orimarv facades must include. at a minimum. two of the followina desian features: i. Glazina coverina a minimum of 30 oercent of the orimarv facade area. consistina of window and alazed door ooeninas. ii. Proiected or recessed covered oublic entry orovidina a minimum horizontal dimension of eiaht feet and a minimum area of 100 sauare feet. In addition. a minimum of 20 oercent of the orimarv facade area must be devoted to windows and alazed door ooeninas. iii. Covered walkway. or arcade (excludina canvas tvoe) constructed with columns at least 12 inches wide. attached to the buildina. or located no more than 12 feet from the buildina. The structure must be oermanent and its desian must relate to the orincioal structure. The minimum width must be eiaht feet. with a total lenath measurina 60 oercent of the lenath of the associated facade. Page 70 of 156 - - - iv, Porte-cochere with a minimum horizontal dimension of 18 feet. In addition. a minimum of 20 percent of the primary facade area must be devoted to windows and alazed door openinas. v. A tower element such as but not limited to a clock or bell tower element. In addition. a minimum of 20 percent of the primary facade area must be devoted to windows and alazed door openinas. 3. Facade/wall heiaht transition elements. a. Purpose. The intent of this section is to ensure that the proposed buildinas relate in mass and scale to the immediate streetscape and the adjacent built environment. b. ApDlicabilitv. Transitional massina elements must be provided on proposed buildinas that are twice the heiaht or more of any existina buildina within 150 feet. as measured from the edae of the proposed buildina. c. Desian standards. i. Transitional massina elements can be no more than 100 percent taller than the averaae heiaht of the adjacent buildinas. but no more than 30 feet. and no less than ten feet above the existina arade. ii. Transitional massina elements must be incorporated for a minimum of 60% of the lenath of the facade. which is in part or whole within the 150 feet of an existina buildina. iii. Transitional massina elements include. but are not limited to. wall plane chanaes. roofs. canopies. colonnades. balconies. other similar architectural features. with the minimum depth for projections and recesses relative to the buildina size. and must meet the followina reauirements: a) For buildinas 40.000 sauare feet or laraer in aross buildina area. proiections and recesses must have a minimum depth of ten feet. b) For buildinas between 20.000 and 39.999 sauare feet in aross buildina area. projections and recesses must have a minimum depth of eiaht feet. c) For buildinas between 10.000 and 19.999 sauare feet in aross buildina area, proiections and recesses must have a minimum depth of six feet. d) For buildinas UP to 9.999 sauare feet in aross buildina area. projections and recesses must have a minimum depth of four feet. 4. Variation in massina, A sinale. larae. dominant buildina mass must be avoided. Chanaes in mass must be related to entrances. the intearal structure and the oraanization of interior spaces and activities. and not merely for cosmetic effect. False fronts or parapets create insubstantial appearance and are discouraaed. All facades. excludina courtyard area. shall be desianed to employ the desian treatments listed below. a. Proiections and recesses. i. For buildinas 40.000 sauare feet or laraer in aross buildina area. a maximum lenath. or uninterrupted curve of any facade. at any point. must be 150 linear feet. Projections and recesses must have a minimum depth of ten feet within 150 linear feet limitation. Page 71 of 156 .. - - ii. For buildinas between 20.000 and 39.999 sauare feet in aross buildina area. a maximum lenath. or uninterrupted curve of any facade. at any point. must be 125 linear feet. Proiections and recesses must have a minimum depth of eiaht feet within 125 linear feet limitation. iii. For buildinas between 10.000 and 19.999 sauare feet in aross buildina area. a maximum lenath, or uninterrupted curve of any facade. at any point. must be 100 linear feet. Projections and recesses must have a minimum depth of six feet within 100 linear feet limitation. iv. For buildinas between 5.000 and 9.999 sauare feet in aross buildina area. a maximum lenath. or uninterrupted curve of any facade, at any point. must be 75 linear feet. Projections and recesses must have a minimum depth of four feet within 75 linear feet limitation. v. For buildinas less than 5.000 sauare feet in aross buildina area. a maximum lenath. or uninterrupted curve of any facade. at any point. must be 50 linear feet. Proiections and recesses must have a minimum depth of three feet. and a minimum total width of 20 percent of the facade lenath. Illustration 5.05.08 CA.a. - 1 b. Wall DIane chanaes. i. For buildinas exceedina 5.000 sauare feet in aross buildina area. any facade with horizontal lenath exceedina 50 linear feet must incorporate wall plane projections or recesses havina depth of at least three feet. with a sinale wall plane limited to no more than 60 percent of each affected facade. ii. If a buildina has a proiection or recess of 40 feet or more. each is considered a separate facade. and must meet the above reauirements for wall plane chanaes. Page 72 of 156 - - - --. Illustration 5.05.08 CA.b. - 1 5. Proiect Standards. a. An applicant must submit architectural drawinas and a site development plan or site improvement plan accordina to Section 10.02.03 Site DevelolJment Plans of this Code to comply with this Section 5.05.08. This includes: floor plan(s) of each proposed buildina. all elevations of each proposed buildina at a minimum of 1/8" scale, a color renderina or elevation. color paint chips. and roof color paint chip(s) or sample. b. Architectural drawinas must be sianed and sealed by the licensed Architect who is responsible for preparina the drawinas. and who is reaistered in the state of Florida as set forth in Chapter 481. of the Florida Statutes. c. Buildina desian treatments. Each buildina must have at least four of the followina buildina desian treatments: i. Canopies. porticos. or porte-cocheres. intearated with the buildina's massina and style. ii. Overhanas. minimum of three feet. iii. Colonnades or arcades. a minimum of eiaht feet clear in width. iv. Sculptured artwork. v. Cornice minimum two feet hiah with 12 inch proiection. vi. Peaked or curved roof forms. vii. Arches with a minimum 12-inch recess depth. viii. Display windows. Page 73 of 156 --" - ix. Ornamental and structural architectural details. other than cornices, which are intearated into the buildina structure and overall desian. x. Clock or bell tower, or other such roof treatment (i.e. dormers. belvederes. and cupolas). xi. Proiected and covered entrv. with minimum dimension of eiaht feet and the minimum area of 100 sauare feet. xii. Emphasized buildina base. minimum of three feet hiah. with a minimum proiection from the wall of two inches. xiii. Additional roof articulation above the minimum standards. xiv. Curved walls. xv. Columns. xvi. Pilasters. or xvii. Metal or tile roof material. xviii. Expressed or exposed structural elements. xix. Additional alazina at a minimum of 15% beyond the code minimum reauirement. xx. Solar shadina devises (excludina awninas) that cover a minimum of 50% of the buildina facade. xxi. Translucent alazina at a minimum of 15% beyond the code minimum alazina reauirement. xxii. Glass block at a minimum of 15% beyond the code minimum alazina reauirement. d. Site desian elements. All projects must have at a minimum two of the followina: i. Decorative landscape planters or plantina areas. a minimum of five feet wide. and areas for shaded seatina consistina of a minimum of 100 square feet: ii. Intearation of specialty pavers. or stamped concrete alona the buildina perimeter walkway, This treatment must constitute a minimum of 60 percent of walkway area: iii. Two accent or specimen trees. above the minimum landscape code reauirements. for everv 100 feet of the front facade and a minimum of two for the rest of the proiect with a minimum heiaht of 18 feet at plantina: or iv. Site sculptures. 6. Window standards. Windows must not be false or applied. Spandrel panels in curtain wall assembly are allowed but may not be included in the minimum alazina reauired for primarv facade. 7. Overhead doors. a. Reauired screenina. Overhead doors must not be located on the primarv facades. unless sufficient screenina is proposed. Sufficient screenina is defined as a screenina wall. with a minimum heiaht of 90 percent of the overhead door heiaht. or a landscape buffer achievina 75 percent opacity within one year. The placement and the lenath of Page 74 of 156 .- - ...... ... these screeninq devices must block the view of the overhead doors from the street. b. Doors facina one another. Overhead doors facina one another mav be treated as interior space. provided that: i. the buildinas meet all other requirements of Section 5.05.08. of this code. ii. the distance between the doors facina one another is no areater than 50 feet: and iii. the view of the overhead doors is properlv screened from the street. 8. Detail features. a. The desian elements in the followina standards must be an intearal part of the buildinq's desian and intearated into the overall architectural sMe. These elements must not consist solely of applied araphics or paint. b. Blank wall areas. Blank. opaque wall areas must not exceed ten feet in vertical direction or 20 feet in the horizontal direction of any primary facade. For facades connected to a primary facade this applies to a minimum of 33 percent of the attached facades. Control and expansion joints are considered blank wall area unless used as a decorative pattern and spaced at intervals 120 square feet per panel or less. The depth of the relief and reveal work must be a minimum of 1/2 inch. and a minimum width of 1-'Y2 inch and may be of a color that contrasts with the color of the wall. 9. Outparcels and freestandinq buildinqs within a PUD and common ownership developments. a. Purpose and intent. To provide unified architectural desian and site plannina for all on-site structures. and to provide for safe and convenient vehicular and pedestrian access and movement within the site. b. Primary facades. All exterior facades of freestandina structures. includina structures located on outparcels. are considered primary facades. and must meet the reauirements of this Section with respect to the architectural desian treatment for primary facades - Section 5.05.08 C.2. Primary facade standards. c. Desian standards. The desian for freestandina buildinas must employ architectural. site and landscapina desian elements intearated with. and common to those used on the primary structure and its site. These common desian elements must include colors. buildina materials. and landscapinq associated with the main structure. All freestandina buildinas must provide for vehicular and pedestrian inter- connection between adiacent outparcels or freestandina sites and the primary structure. d, Primary facade standards. The followina desian features are in addition to the list of requirement options to meet Section 5.05.08 C.2. Primary facade standards: i. Walls expandina the desiqn features of the buildina. not less than 7 feet hiah. creatina a courtyard not less than 12 feet from the buildinq and lenqth of no less than 60% of the lenqth of the associated facade. The courtyard may be aated and able to be secured from exterior public access. Grilled openinqs are allowed if courtyard is landscaped. Openina depths or wall terminations must be a minimum of 12 inches deep. If the courtyard contains service or utility eauipment. the heiaht and desian must prevent view from the exterior. Courtyard walls are not to be considered fences. Page 75 of 156 ~ ii. Trellis or latticework used as a SUDDort for climbina Dlants may count as window area eaual to the Dlant coyeraae area. 10. Roof treatments. a. PUfDose and intent. Variations in rooflines are used to add interest and reduce massina of larae buildinas, Roof heiaht and features must be in scale with the buildina's mass. and shall comDlement the character of surroundina buildinas and neiahborhoods. Roofina materials must be constructed of durable. hiah-auality material in order to enhance the aDDearance and attractiveness of the community. The followina standards identify aDDroDriate roof treatments and features. b. Roof edae and varavet treatment. i. For buildinas laraer then 5.000 sauare feet in aross buildina area a minimum of two roof-edae or DaraDet line chanaes are reauired. Each vertical chanae from the dominant roof condition must be a minimum of ten Dercent of buildina heiaht. but no less than three feet. At least one such chanae must be located on a Drimarv facade. One additional roof chanae must be Drovided for every 100 linear feet of the facade lenath. ii. Roofs. other than mansard roofs. with the sloDe ratio of 3: 12 or hiaher are exemDt from the above reauirements for vertical chanae for the facades that are less than 200 feet. One roof edae. or DaraDet line chanae must be Drovided for every 200 linear feet of the facade lenath. C. Roof Desian standards. Roofs must meet the followina reauirements: i. When DaraDets are used. the ayeraae heiaht of such DaraDets must not exceed 15 Dercent of the heiaht of the SUDDortina wall. with exceDtion of the DaraDets used to screen mechanical eauiDment. ParaDets used to screen mechanical eauiDment must be no less than the maximum heiaht of the eauiDment. The heiaht of DaraDets shall not. at any Doint. exceed one-third the heiaht of the SUDDortina wall. ii. When a flat roof is screened with a DaraDet wall or mansard roof at any facade. a DaraDet or mansard roof treatment must extend alona the remainina facades. iii. When sloDed roofs are used. the massina and heiaht must be in DroDortion with the heiaht of its SUDDortina walls, SloDed roofs must meet the followina reauirements: a) SloDed roofs that are hiaher than its SUDDortina walls must feature elements that create articulation and reduce the massina of the roof. This includes: clearstorv windows. cUDolas. dormers. vertical chanaes. or additional comDlementarv colors to the color of the roof. b) The color(s) of a sloDed roof must comDlement the color(s) of the facades. d. Prohibited roof tvves and materials. The followina roof tYDeS and roof materials are Drohibited: i. ASDhalt shinales. exceDt laminated. 320-Dound. 30-Year architectural arade aSDhalt shinales or better. ii. Mansard roofs and canoDies. unless they meet the followina standards: a) Minimum vertical distance of 8 feet is reauired for buildinas laraer than 20.000 sauare feet. Page 76 of 156 .... b) Minimum vertical distance of 6 feet is reauired for buildinas of UP to 20.000 sauare feet of aross floor area, and c) The roof anale shall not be less than 25 dearees. and not areater than 70 dearees. iii. Awninas used as a mansard or canopy roofs. 11. Awnina standards, These standards apply to those awninas associated with and attached to a buildina or structure. a. Mansard awninas. which are those awninas that span 90 percent. or more. of a facade lenath and those. which do not provide a connection between facades. must adhere to all roof standards of Section 5.05.08. C.10. of this Code. b. All other awninas. which are awninas that constitute less than 90 percent of a facade lenath. and those that do not provide a connection between facades. must adhere to the followina standards: i. The portion of the awnina with araphics may be backlit. provided the illuminated portion of the awnina with araphics does not exceed size limitations and the other sian standards of Sections 5.06.00. 9.03.00. 9.04.00 and 10.02.06 Skms of this Code. ii. The location of awninas must relate to the window and door openinas, C. Automobile sales parkina lot awninas. Shade awninas may be erected in automobile sales parkina lots subiect to the followina reauirements and standards: i. Shade awnina structures must not be constructed within 75 feet of any public or private street. ii. Sinale shade awnina structures must not exceed an area sufficient to provide cover to 20 automobiles or 3.240 sauare feet. whichever is areater. iii. The minimum separation between shade awnina structures must be 100 feet. iv. Multi-colored shade awninas and the use of black or aray. florescent. primary and/or secondary colors are prohibited. Earth tone colors are encouraaed. 12. Entryway/customer entrance treatment. a. Purpose and intent. Entrvway desian elements are intended to aive protection from the sun and adverse weather conditions. These elements must be intearated into a comprehensive desian style for the proiect. b. Sinale-tenant buildinas and developments. Sinale-tenant buildinas shall have clearly defined. hiahly visible. customer entrances. The customer entrance shall meet the followina standards: i. An outdoor patio area must be provided adiacent to the customer entrance. with a minimum of 200 sauare feet in area. The patio area must incorporate the followina: a) Benches or other seatina components. b) Decorative landscape planters or wina walls which incorporate landscaped areas. and Page 77 of 156 - c) Structural or veaetative shadina. ii. Front entry must be set back from a drive or a parkina area by a minimum distance of 15 feet. c, Multiole-tenant buildinGs and develooments. Multiple-tenant buildinas and developments must meet the followina standards: i. Anchor tenants must provide clearly defined. hiahly visible customer entrances. ii. Shaded outdoor community space must be provided at a minimum ratio of one percent of the total aross floor area of all on-site buildinas. The community space shall be located off. or adiacent to. the main circulation path of the complex and must incorporate benches or other seatina components. and iii. Front entries shall be setback from a drive or a parkina area by a minimum of 15 feet. 13. Materials and colors. a. Pumose and intent. Exterior buildina colors and materials contribute sianificantly to the visual impact of buildinas on the community. The colors and materials must be well desianed and intearated into a comprehensive desian stYle for the proiect. b. Exterior buildinG colors. The use of solid black. aray. florescent. primary or secondary colored materials or finish paint is limited to no more than ten percent of a facade or the total roof area. except that naturally occurrina materials are permissible. such as marble. aranite. and slate and the followina man-made materials: silver unpainted metal roofs. c. Exterior buildinG materials, The followina buildina finish materials are limited to no more than 33 percent of the facade area: i. Corruaated. or reflective metal panels. and ii. Smooth concrete block. d. Neon tubinG. The use of neon or neon type tubina is prohibited on the exterior and the roof of a buildina. D. Desian Standards for specific buildina uses. 1. Standardized desian buildinas must meet the provisions of this code. 2. Self-storaae buildinas. Self-storaae buildinas are subíect to all of the applicable provisions of this section with the followina exceptions and additions: a, Overhead doors. Overhead doors cannot be located on the primary facade of self-storaae buildinas. b. Screen walls. When a wall is proposed to screen the facility. it must be constructed of material similar and complementarv to the primary buildina material and architecture. Lona expanse of wall surface shall be broken into sections no lonaer than 50 feet. and desianed to avoid monotonv by use of architectural elements such as pillars. c. Window standards. Windows must not be false or applied. If the window openinas are into the storaae area. translucent material must be used. Page 78 of 156 - - - - d. SinGle-storv self-storaae buildinGs. Section 5,05. DB C.2. Primarv facade standards can be reDlaced with the followina two oDtions: i. ODtion 1. a) A minimum of 20 Dercent of the Drimary facade area must be alazed: and b) A covered Dublic entry with a minimum roof area of 80 sauare feet and no dimension less than eiaht feet. or a covered walkway at least six feet wide with a total lenath measurina no less than 60 Dercent of the lenath of the facade. ii. ODtion 2. If the Droject desian incorporates a screen wall around the Derimeter of the self-storaae facility. the followina standards mmlY;. a) ArchitecturallY treated. eiaht-foot hiah. screen wall is reauired to screen the facility. b) The roof sloDe for the buildinas is a minimum of 4:12 ratio for double sloDes. and 3: 12 ratio for sinale sloDe. and c) A landscaDe buffer at least 7 feet wide is reauired on each side of the wall. iii. In the case that none of the above oDtions are met. then Section 5.05.08 C.2. Primarv facades standards must be met. e. Multi-storv self-storaae buildinGs. The reauirements of Section 5. 05. DB C.2. Primarv facade standards can be reDlaced with the followina standards: i. ODtion 1. a) A minimum of 20 Dercent of the Drimary facade area must be alazed: and b) A covered Dublic entry with a minimum roof area of 80 sauare feet and no dimension less than eiaht feet. or a covered walkway at least six feet wide with a total lenath measurina no less than 60 Dercent of the lenath of the facade. c) Reauirements of Section 5. 05. DB C.B.b. Blank wall area aDDly to all facades. and d) Foundation Dlantina areas must be a minimum 15 Dercent of the around level buildina area. ii. ODtion 2. If Droiect desian incorporates a screen wall around the Derimeter of the self-storaae facility. The followina standards mmlY;. a) ArchitecturallY treated. eiaht feet hiah screen wall is reauired to screen the around floor of the facility. b) LandscaDe buffer. minimum 7 feet wide is reauired on each side of the wall. c) Primary facades above the around level must include alazina. coverina at a minimum 20 Dercent of the facade area. d) Reauirements of Section 5.05.0B C.B.b. Blank wall area aDDlies to all facades. and e) Foundation Dlantina areas must be a minimum 15 Dercent of the around level buildina area. Page 79 of 156 - -" ,... iii. In the case that none of the above options are met. then Section 5.05.08 C.2. Primary facades standards must be met. 3. Mercantile. a. AlJlJlicabilitv. All standards listed in Section 5.05.08. are applicable with the followina exceptions and additions. b. Laroe Retail Structures. The purpose of this section is to break UP the monolithic appearance of larae retail structures and present a more human scale of architecture to the public riaht of wav view. Because these buildinas house a varietv of functions that can accommodate in a varietv of spatial tvpes. thev must be desianed to express these functions in a manner that has the appearance of a aroup of buildinas of varvina scale and size, c. All areas with the buildina that can be accommodated within a space with a ceilina heiaht of 16 feet or less must be desianed and built within a sinale stOry envelope or a multiple of envelopes. These buildina envelopes must have a maximum eave heiaht of 16 feet and must be expressed as sinale stOry elements in the architectural form of the buildina alona the buildina edae or edaes that front the public riaht of wav. These areas must include. but are not limited to: i. The manaaement and business office, ii. Check out area. iii. Rest rooms. iv. Customer service area. v. Food service areas. d, Windows and entrances. When more than two retailers with separate exterior customer entrances are located within the principal buildina. the followina standards applv: i. The first floor of the primary facades must utilize transparent windows and doors for no less than 30 percent of the horizontal lenath of the buildina facade. ii. Primary buildina entrances must be clearly defined and connected with a shelterina element such us a roof canopy or arcade. 4. Automobile service stations a. AlJlJlicabilitv. In addition to the reauirements of Section 5.05.05 Automobile service stations. all standards are applicable with the followina additional reauirements: i. Canopy columns must be at least 18 inches wide. ii. Under-canopy liahts must be fully recessed. iii. Canopies must not be hiaher than 16 feet clear. 5. Hotel/motel. a. AlJlJlicabilitv. All standards of Section 5.05.08. are applicable with the followina exceptions. b. Desion features. Section 5.05.08 C.2. Primary facade standards- Desion features can be replaced as follows: i. The desian of the primary facades must include windows and other alazed openinas coverina at least 20 percent of the primary facade area. and one of the followina desian features: Page 80 of 156 -- --- .- a) Proiected. or recessed. covered public entry providina a minimum horizontal dimension of eiaht feet. and a minimum area of 100 square feet. or b) Covered walkwav or arcade (excludina canvas tvpe) constructed with columns at least 12 inches wide. that is attached to the buildina. or located no more than 12 feet from the buildina, The structure must be permanent and its desian must relate to the principal structure. The minimum width shall be eiaht feet. with a total lenath measurina 60 percent of the lenath of the associated facade. ii. For buildinas located 200 feet or more from the street riaht-of- way. the proiected or recessed entry and covered walkway or arcade. required by the above Section 5.05.08 D.5.b.i.. can be located on any facade. 6. Warehousina/distribution, a. Applicabilitv. All standards listed in Section 5.05.08, are applicable except for the followina: b. Primary Facade Standards, The requirements of Section 5.05.08 C.2. Primary facade standards are replaced with the followina standards. Facades frontina on arterial or collector streets must have two or more of the followina desian features: i. Windows at a minimum of ten percent of the facade area. ii. Proiected or recessed covered public entry providina a minimum of eiaht feet by eiaht feet cover. iii. Foundation plantina consistina of trees and shrubs. The total lenath of the plantina area must be a minimum of 25 percent of the facade lenath and be distributed alona the facade to reduce the blank wall area. The depth of the plantinq area must be a minimum of ten feet. The plant material shall be as reauired by Section 4.06.05 of this Code. iv. Masonry. concrete or tilt-up construction. v. Buildina heiqht of 40 feet or less and the buildina street setback of 200 feet or more. c. Variation in Massina. The reauirements of Section 5.05.08 CA. Variation in massina applies only to primary facades and to facades facina residential districts. d. Buildina desiGn treatments. The requirements of Section 5.05.08 C.5.c. BuildinG desian treatments are modified as follows: i. Primary facades must include a minimum of two of the buildina desian treatments listed under this section. e. Site desian elements. The requirements of Section 5.05.08 C.5.d. Site desiGn elements are modified to reauire. at a minimum. one of the four listed site desian elements. f. Detail Features. The reauirements of Section 5.05.08 C,8. Detail features are replaced with the followina standards: i. Blank wall areas. Blank. opaque wall areas must not exceed 15 feet in vertical direction or 50 feet in horizontal direction of any primary facade or any facade facina a residential district. For facades connected to a primary facade. this must apply to a minimum of 25 percent of the attached facade measured from the connection point. Control and expansion ioints within this area constitute blank wall area unless used as a decorative pattern and Page 81 of 156 ---" - spaced at intervals of ten feet or less. Relief and reveal work depth must be a minimum of 1/2 inch and mav be different than the color of the wall. a. Roof treatments. The requirements of Section 5.05.08 C.10. Roof treatments are replaced with the followina standards: i. If parapets are used. the end of the parapet must wrap corners for a minimum distance of 25 percent of the lenath of the facade. measured from the corner. ii. The facades facina arterial or collector road and facades facina residential district must have variations from the dominant roof condition. The roof edae and parapets must have a minimum of one vertical chanae for everv 150 lineal feet of the facade lenath. The vertical chanae must be a minimum of ten percent of the buildina heiaht. but no less than three feet. iii. All rooftop-mounted eauipment includina air conditionina units. vents. etc,. must be shielded from view with parapets. louver screens, or similar equipment screens. h. Materials and Colors. The requirements of Section 5.05.08 C.13. Materials and colors are applicable with exception of Subsection 5.05.08 C. 13. c. Exterior buildina materials. which is replaced with the followina standards: i. Primarv facades. The use of ribbed. corruaated. and reflective metal panels is limited to a maximum of 33 percent of the facade area. ii. Facades attached to a vrimarv facade. The use of ribbed. corruaated. and reflective metal panels is limited to no more then 33 percent of the wall area for the 25 percent of the overall wall lenath of the facades attached to a primary facade. measured from the corners. i. Svecial Heiaht Reauirements, All buildinas over 30 feet in heiaht. measured from the first finished floor to the roof eave. that are located within 300 feet from the arterial or collector street riaht-of- wav. must complv with Section 5.05.08 CA. Variation in Massina. and Section 5.05.08 C.8. Detail features are applicable to all buildinq facades. 7. Industrial/factorv buildinas. a. Avvlicabilitv, All standards listed in Section 5.05.08. are applicable with the followinq exceptions, b. Buildina Facades. i. Primarv Facade Standards. The requirements of Section 5.05.08 C.2. Primary facade standards are replaced with the followina standards. Facades frontina on arterial or collector streets must have two or more of the followina desian features: a) Windows at a minimum of 25 percent of the facade area. b) Proiected or recessed covered public entry providina a minimum of eiaht feet bv eiaht feet cover. and a minimum of 15 percent of the wall area devoted to windows. c) The total lenqth of the plantina area must be at least 33 percent of the facade lenath and be distributed alona the facade to reduce the blank wall area. The depth of the plantina area must be a minimum of ten feet. The plant material must be as required bv Section 4,06.05. Page 82 of 156 ... d) Masonry. concrete or tilt-up construction. and 15 percent of the wall area allocated to windows. e) Buildinq heiaht of 40 feet or less. with a buildina street setback of 200 feet or more, ii. Variation in Massina. The reauirements of Section 5.05.08 CA. Variation in massina applies only to the primary facades and to facades facina residential districts. iii. Proiect Standards. a) The reauirements of Section 5.05.08 C.5.c. Buildina desian treatments are modified to reauire industrial/factory buildinas to provide. at the primary facades only. a minimum of two of the 17 buildina desian treatments listed under this section. b) The reauirements of Section 5.05.08 C.5.d, Site desian elements are modified to reauire at least one of the four listed site desian elements. c. Detail Features. The reauirements of Section 5.05.08 C.8. Detail features are replaced with the followinq standards: i. Blank. opaaue wall areas must not exceed 15 feet in vertical direction or 50 feet in horizontal direction of any primary facade and any facade facina a residential district ii. For facades connected to a primary facade. the blank wall standards applies to a minimum of 25 percent of the attached facade. measured from the connection point iii. Control and expansion ioints within the facade area constitute blank wall area unless used as a decorative pattern. and must be spaced at intervals of ten feet or less. Relief and reveal work depth must be a minimum of 1/2 inch and may be different than the color of the wall. d. Roof treatments. The reauirements of Section 5.05.08 C.10. Roof treatments are replaced with the followinq standards: i. If parapets are used. the end of the parapet must wrap corners for a minimum distance of 25 percent of the lenqth of the facade. measured from the corner. ii. Facades facinq arterial or collector roads and facades facinq residential districts must have vertical chanaes from the dominant roof condition. The roof edae and parapets must have a minimum of one vertical chanqe for every 150 lineal feet of the facade lenath. The vertical chanae shall be a minimum of ten percent of the buildina heiqht. but no less than three feet iii. All rooftop-mounted eauipment includina air conditionina units. vents. etc.. must be shielded from view with parapets. louver screens. or similar eauipment screens. e. Materials and Colors. The reauirements of Section 5.05.08 C,13. Materials and colors are applicable with exception of Subsection 5.05,08 C.13.c. Exterior buildina materials. which is replaced with the followinq standard: i. Primary facades. The use of ribbed. corruaated. and reflective metal panels is limited to a maximum of 33 percent of the facade area. ii. Facades attached to a primary facade. For 25 percent of the overall wall lenqth of facades attached to a primary facade. measured from the corners. the use of ribbed. corruqated. and Page 83 of 156 - reflective metal panels is limited to no more th~3J De~nt OT the wall area. f. Soecial HeiQht ReQuirements. All buildinas over 30 feet in heiaht measured from the first finished floor to the roof eave that are located within 300 feet from the arterial or collector street riaht-of-wav must meet the Section 5.05.08 CA, Variation in MassinQ. and Section 5.05.08 C,8. Detail features are applicable to all buildina facades. 8. Parkina structures. All standards listed in Section 5.05.08. are applicable unless otherwise specified below. a. Primary facades. The reauirements of Section 5.05.08 C.2.Primarv facade standards are replaced with the followine standards: i. All exposed facades of any parkine structure above the second floor are considered primary facades. ii. A minimum of 60 percent of the area of any primary facade of a parkine structure or covered parkine facility must incorporate at least two of the followina: a) Transparent windows. with clear or liahtly tinted alass. where pedestrian oriented businesses are located alone the facade of the parkina structure. b) Display windows. c) Decorative erill work or similar detailine which provides texture and screens the parkine structure openinas. d) Art or architectural treatment such as sculpture. mosaic. alass block. opaaue art alass. relief work or similar features. or e) Vertical trellis or plant material screenina the openinas. b. Buildina foundation o/antin Q. The perimeter of a parkina structure at erade must meet the buildina foundation plantina reauirements of Section 4.06.05. ofthis Code. c. MassinQ standards. The reauirements of Section 5.05.08 CA. Variation in massina are applicable. with the followina exception: i. If the ramps and inclines are on an exposed facade and they exceed the maximum leneth or uninterrupted curve. a proiection or recess must occur at the start and end but not reauired at the ramp/incline, d. Wall Plan Chanaes. The reauirements of Section 5.05.08 CA.b. are applicable with the followina exception: i. If the ramps and inclines are on an exposed facade and they exceed the maximum horizontal lenath. a wall plane proiection or recess must occur at the start and end but not reeuired at the ramp/incline. e. Detail features. The facade area within 42 inches above each floor/deck shall not be open more than 50 percent. except at openines for vehicle or pedestrian access. 9. Outside play structures. a. Maximum coveraQe. Outside play structures must not cover more than 50 percent of the facade area. b. Location. No portion of any play structure. located between the front buildina line and any adiacent riaht-of-way. may exceed a heiaht of 12 feet as measured from existine around elevation. In all other cases. Page 84 of 156 - --. - no portion of any play structure may exceed a maximum heiaht of 16 feet as measured from existina around elevation. c. Colors. Play structures must be limited to earth tone colors. with a maximum of three colors. E. Site Desian Standards. Compliance with the standards set forth in this section must be demonstrated by submittal of architectural drawinas and a site development plan in accordance with Section 10,02.03 Site Development Plans of this Code. 1, Off street parkina desian. As provided for in Section 4.05.00. and subject to the followina provisions: a. Purpose and intent. Commercial buildinas and projects. includina their outparcels shall be desianed to provide safe. convenient. and efficient access for pedestrians and vehicles. Parkina shall be desianed in a consistent and coordinated manner for the entire site. The parkina area shall be intearated and desianed so as to enhance the visual appearance of the community. b. Desian standards. Parkina. utilizina the same dearee of anale. shall be developed throuahout the site to provide efficient and safe traffic and pedestrian circulation. A sinale bay of parkina provided alona the perimeter of the site may vary in desian in order to maximize the number of spaces provided on-site. The mixture of one-way and two- way parkina aisles. or different dearees of analed parkina within any parkina area is prohibited. except as noted above. or where individual parkina areas are physically separated from one another by a continuous landscape buffer. a minimum five feet in width with limited access. Landscape buffers for these locations shall use landscape material other than arass for separation of parkina areas. i. Maximum parkina: Parkina in excess by 20 percent of the minimum parkina reauirements shall provide additional landscapina as described in section 4.05.04 of this Code, ii. Parkina for proíects. Projects shall be desianed to adhere to the followina standards: a) Interior lots. No more than 50 percent of the off-street parkina for the entire commercial buildina or proiect shall be located between any primary facade of the commercial buildina or proiect and the abuttina street or naviaable waterway. b) Corner lots. No more than 80 percent of the off-street parkina for the entire commercial buildina or project shall be located between any primary facade of the commercial buildina or proiect and the abuttina street or naviaable waterway area. with no sinale side to contain more than 65 percent of the reauired parkina. 2. Pedestrian pathways. a. Purpose and intent, To provide safe opportunities for alternative modes of transportation by connectina with existina and future pedestrian and bicycle pathways within the county and to provide safe passaae from the public riaht-of-way to the buildina or proiect which includes the area between the parkina areas and the buildina perimeter walk. and between alternative modes of transportation. The on-site pedestrian system must provide adeauate directness. continuitv. street and drive aisle crossinas. visible interest and security as defined by the standards in this Section. b. Pedestrian access standards. Pathways and crosswalks must be provided as to separate pedestrian traffic from vehicular traffic while travelina from the parkina space to buildina entries and from buildina Page 85 of 156 entries to outparcels and pathways alona ad~e~t r<5ådways. Pedestrians will only share pavement with vehicular traffic in marked crosswalks, c. Minimum ratios. Pedestrian pathway connections must be provided from the buildina to adiacent road pathways at a ratio of one for each vehicular entrance to a proiect. Drive aisles leadina to main entrances must have at least a walkway on one side of the drive isle. d. Minimum dimensions. Pedestrian pathways must be a minimum of six feet wide. e. Materials, Pedestrian pathways must be consistent with the provisions of Section 4.5. of the Americans with Disabilities Act (ADA). Accessibility Guidelines. Materials may include specialty pavers. concrete. colored concrete, or stamped pattern concrete. f. Buildina oerimeter oath. A minimum 6-feet wide buildina perimeter path is reauired as specified below: i. A continuous buildina perimeter path interconnectina all entrances and exits of a buildina is reauired, Emeraency "exits-only" are excluded. ii. If parkina area is proposed alona the buildina facade within 15 feet from a buildina wall. a buildina perimeter path must be provided alona the full lenath of the row of parkina spaces facina the buildina. a. Pedestrian crosswalks. Standard crosswalks must be installed at stop- controlled-crossinas, Uncontrolled crossinas must be hiah visibility lonaitudinal lines as shown in the Florida Department of Transportation Roadway and Traffic Desian Standards. h. Shade and site amenities, i. Pedestrian pathways must provide intermittent shaded areas when the walkway exceeds 50 linear feet in lenath at a minimum ratio of one shade canopy tree per every 50 linear feet of walkway. The reauired shade trees must be located no more than ten feet from edae of the sidewalk. ii. Development plans must include site amenities that enhance safety and convenience and promote walkina or bicyclina as an alternative means of transportation. Site amenities may include bike racks (as reauired by Section 4.05.08 of this Code). drinkina fountains. canopies and benches. 3. Service function areas and facilities. Service function areas include. but are not limited to: loadina areas and docks. outdoor storaae. vehicle storaae excludina car display areas. trash collection areas. trash compaction and recyclina areas. roof top eauipment. utility meters. antennas. mechanical and any other outdoor eauipment and buildina services supportina the main use or operation of the property. a. Puroose and intent. To diminish the visual and acoustic impacts of service functions that may detract from. or have a neaative impact on. the surroundina properties and the overall community imaae. b. Bufferina and screenina standards. Service function areas must be located and screened so that the visual and acoustic impacts of these functions are fully contained and screened from adiacent properties. includina public and private streets. c. Screenina material and desian standards. Screenina materials. colors and desian must be consistent with desian treatment of the primary facades of the buildina or project and the landscape plan. Page 86 of 156 - d. Trash enclosures. For the location. size. and desian standards for trash enclosures. see section 5.03.04 DumDsters. e. Loadina areas and docks. Vehicle loadina areas must be screened from streets and adiacent residential districts. Screenina must consist of wina walls. shrubs. trees. berms. or combination thereof. f. Conduits. meters and vents and other eauipment attached to the buildina or protrudina from the roof must be screened or painted to match surroundina buildina surfaces. Conduits and meters cannot be located on the primary facade of the buildina. G. All roottoD mechanical eauiDment protrudina from the roof must be screened from public view by intearatina it into a buildina and roof desian. h. Outdoor vendinG machines must be located so that they are not visible from adjacent properties and streets. 4. Fencina standards. For restrictions on fence material. fence heiaht. and desian. see Section 5.03.02. Fences and Walls. 5. Drive-throuah facilities standards. a. Drive-throuah facilities location and bufferina standards. Drive- throuah facilities must be secondary in emphasis and priority aiven to any other access and circulation functions. Such facilities must be located at side or rear locations that do not interrupt direct pedestrian access and avoid potential pedestrian/vehicle conflict. If site constraints limit the location of the drive throuah facility to the area between the riaht-of-way and associated buildina. the veaetation reauired by a Type "B" landscape buffer must be installed within the buffer width reauired for the project and maintained alona the entire lenath of the drive-throuah lane and adjacent riaht-of-way. In addition to the veaetative buffer referenced above. a permanent. covered. porte-cochere or similar structure. (canvas awnina and canopies are excluded). must be installed extendina the width of the drive-throuah with the roof coverina the service window(s). Such structure shall be an intearal part of the desian of the buildina. b, Reauired floor area. One drive-throuah facility is permitted per tenant. Buildinas must be a minimum of 1.000 sauare feet. For multi-tenant buildinas. an additional drive-throuah is allowed for each tenant with a minimum of 5.000 sauare feet of aross floor area. Drive-throuah facilities may have multiple drive lanes. 6, Liahtina, a. Puroose and intent. All buildina sites and proiects. includina outparcels. shall be desianed to provide safe. convenient. and efficient liahtina for pedestrians and vehicles. Liahtina must be desianed in a consistent and coordinated manner for the entire site, The liahtina and liahtina fixtures must be intearated and desianed so as to enhance the visual impact of the project on the community and blend with the landscape. b. ShieldinG standards. Liahtina must be desianed so as to prevent direct alare. liaht spillaae and hazardous interference with automotive and pedestrian traffic on adjoinina streets and all adjacent properties. Liaht sources must be concealed or shielded. c. Heiaht standards. Liahtina fixtures within the parkina lot must be a maximum of 25 feet in heiaht. and 15 feet in heiaht for the non- vehicular pedestrian areas. d. Desian standards. Liahtina must be used to provide safety while accentina key architectural elements and to emphasize landscape Page 87 of 156 - - features. Liaht fixtures must complement the desianof the prolect. This can be accomplished throuah style. material or color. e. Illumination. Backaround spaces. such as parkina lots. shall be illuminated as unobtrusively as possible to meet the functional needs of safe circulation and of protectina people and property. Forearound spaces. includina buildina entrances and plaza seatina areas. must utilize localliahtina that defines the space without alare. 7. Water manaaement areas. For desian standards for water manaaement areas, includina location and the reauired amenities. see Section 4.06.02 D. of this Code. F. Deviations and Alternate Compliance. The followina alternative compliance process is established to allow deviations from the reauirements of this Section as approved by the County Manaaer or his desianee. 1. Review and a/J/Jroval /Jrocedure, Upon reauest by the applicant. the County Manaaer or his desianee may administratively approve a Site and Development Plan application that includes an alternative architectural desian and site development plan that may be substituted in whole or in part for a plan meetina the standards of Section 5,05.08. Approved deviations are allowed onlv as to the specific desian and plan reviewed. Any modification to an approved desian shall necessitate re-review and approval bv the County Manaaer or his desianee. 2. Review criteria. In approvina an alternative plan. the County Manaaer or his desianee must find that the proposed alternative plan accomplishes the purpose and intent of this Section in the same manner as the provisions would. If the plan is approved throuah this provision. the Site Development Plan approval letter shall specificallv note the deviations and the basis for their approval. 3. Submittal reauirements. In addition to the base submittal reauirements, applicants must provide the followina: a. Architectural desian plan and/or site development plan clearlv labeled as an "Alternative Architectural Desian Standards Plan". This plan must identify the section numbers from this Section from which the deviation is beina reauested. b. A narrative statement that specificallv identifies all standards of Section 5.05.08 from which the deviations are reauested. and the iustification for the reauest. This statement must include a description of how the alternative plan accomplishes the purpose and intent of this Section. without specificallv complvina with those standards identified. 4. A/J/Jlicabilitv. a. The followina types of buildinas and uses aualify for an administrative determination of deviations from Section 5.05.08. development standards: i. Assemblv. ii. Educational, iii. Institutional. iv. Mixed use buildinas (such as commercial/residential/office), and v. Anv other non-commercial buildina. or use. that is not listed under Section 5.05,08 D. Desian standards for s/Jecific buildina tV/Jes of this Section, and due to its function. has specific reauirements makina meetina Section 5.05.08. standards unfeasible. Page 88 of 156 ....~ vi. Buildinas located on property with a commercial zonina desianation when submitted for Site Development Plan review on or after November 10. 2004. except for the followina: a) Buildinas located on outparcels. freestandina (non-attached multiple or individual) buildinas located on property with a PUD zonina desianation. or multiple buildinas developed under a unified. common development plan (such as a shoppina center). b) Buildinas with a aross buildina area of 10.000 sauare feet or more on the around floor. c) Multi-story buildinas with a total aross buildina area of 20.000 sauare feet or more. d) Proiect sites with more than one buildina where the aaareaate aross buildina area is 20.000 sauare feet or more, Individual buildinas within a proiect site that have been previously aranted deviations where additional development causes an aaareaation of buildina area 20.000 sauare feet or areater. must brina existina buildinas UP to the reauirements of 5.05.08. b. The deviation process is also applicable to the specific reauirements listed under the followina sections: i. Section 5.05.08 B.3. Renovations and redeveloDment. ii. Section 5.05.08 B.4. Abandonment or discontinuance of use. iii. Sections 5.05.08 D.2.d. for Se/f-storaae buildinas. 5. ADDeal and Assistance Drocedure. a. The County Manaaer or his desianee may reauest the assistance of the Architectural Arbitration Board in renderina a decision. The applicant may appeal the decision of the County Manaaer or his desianee to the same Board by makina a written reauest to the County's Architect. i. The Architectural Arbitration Board shall consist of 5 votina members comprised of the followina: two representatives from the Collier County Zonina staff: two representatives appointed by the American Institute of Architects (Southwest Florida Chapter) and one member appointed by the American Society of Landscape Architects (Southwest Florida Chapter). b. The Architectural Arbitration Board shall take one of the followina actions by maiority vote: i. Approve as proposed: ii. Approve as proposed with conditions: iii. Deny as proposed: or iv. Continue the review to another meetina for further deliberation. c. Within 5 workina days followina the Architectural Arbitration Board meetina. the County Manaaer or his desianee shall approve or deny the proiect's deviation from the architectural desian standards of Section 5.05.08. as recommended by the Architectural Arbitration Board. d. Should the applicant or staff reauest a decision by convenina an Architectural Arbitration meetina. then the review of the Site Development Plan will be placed on hold upon receipt of the written Page 89 of 156 - - ... . request by the County's Architect. Should the County Manaqer or his desiqnee request the assistance of the Architectural Arbitration Board. then review of the Site Development Plan will be placed on hold at staff discretion. Once a final decision by the Board is reached. review of the Site Plan shall resume. G. Exceptions. 1. Exceptions to the provisions of this code may be qranted by the Board of County Commissioners in the form of a PUD zoninq district where it can be demonstrated that such exceptions are necessary to allow for innovative desiqn while varyinq from one or more of the provisions of this Section. nonetheless are deemed to meet the overall purpose and intent set forth herein, In the case of individual proiects subiect to Section 5.05.08 standards. where site specific factors may impact the ability to meet these standards. variance from one or more of the provisions of this Section may be requested pursuant to the procedures set forth in Section 9.04,00 Variances of this code. SUBSECTION 3.U. AMENDMENTS TO SECTION 5.06.00 SIGNS Section 5.06.00 Signs, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.06.00 SIGNS 5.06.01 Generally * * * * * * * * * * * B. Siqnaqe Table The followinq table is intended to provide a qraphic representation of the various permitted residential and commercial siqns. but may not encompass all of the requirements for those siqns. For the specific requlations. please see the appropriate subsections throuqhout this section of the code. Page 90 of 156 -- z .... 0 ->- CtI C'-. C en 0 ...... ~I ~I en ~I ~I~I E C ~ Q) "C E "C « ~ :J Q) 0::: ......z "E .... .... 0 Q)>- a.. C'-. ~I~I~I ~I~I~I ~I ~I en ~I~I~I ~I~I~I ~ ~I~I "C ~ C Q) .- .... "C "- = :J :J Q) cao::: Q) .... N O(ñ ~ Q) (ñ CtI ............ o C ....J e LL Q) CtI C (ñ ro ~ C Q) "C .¡¡; Q) 0::: C en ~ ~ ° enQ) ° CtI .... CtI ...-°0 CtI...- CO.... ~...-O ...... 0 en en ...... en en...- Q) Q) ~ Q) ~ ~I~I~I "C C CtI ....J ...x:: ° ~ ;21 ;21 ;21 Q) C/) ~ <0' 00' ~I i ~ ..,., ~I ;ðl .... O"C .... Q) Q) ?: .c 0 E= :J« Z en .C X CtI .- ~C/) en ~ ~ ° ¡ß ° CtI .... CtI ...-°0 CtI...- CO.... ~...-o ...... 0 en en ...... en en ...- Q) Q) ~ Q) ...-1 ~I Q) CtI ...... C o .... .... ¡¡:: o LO ...- en ~ ~ ° ¡ß ° CtI .... CtI ...-00 CtI...- CO.... ~...-O ...... 0 en en ...... en en ...- Q) Q) ~ Q) ~I~I~I ~I .~ I Q) CtI E C E .- 0C/) Ü ~I~I~I en ~ en ~ ° Q) ° CtI .... CtI ...-°0 CtI...- CO.... ~...-o ...... 0 en en""" en en ...- Q) Q) ~ Q) ~I~I~I ;21 ;21 ;21 ;21 ;21 ~I ~1~1;g1 Q) ° C ~ ...... C Q) ...... Q) Q) .... ...... en .... Q) "C"C 0:::0::: .... - 0 CtI...... ï:: ° Q) Q) 1::= « 0 ü Q) Q) JB CtI C...... o C .... 0 .... .... ¡¡::.... ¡¡:: 00 ~LO ...- ~I ~I ;21 ;21 ;21 ;21 ;21 ;21 ;21 ;21 ;21 «>1 «>1 ~I «>1 «>1 ;21 ;21 ~I ...- i "" Lf) rl 4-1 o «>1 "d"1 ~I ;gl ~I ;gl ~I ~1~1;g1 ...-1 ...-1 ...-1 ...-1 ...-1 ...-1 ...-1 "II ...-1 ii rl 0"\ Q) OJ iU ~ ~I ;21 ;21 ~I ~I~I ~I ~Igl ...-1 ...-1 ...-1 ...-1 ...-1 ...-1 ...-1 "II "II en C Q) "C "C Q) Q) Q) C C C Q) en Q) Q) .$ C C C C C i ...... ...... ...... 0 0 0 E (ñ :J ...... ...... 0 0 0 I :J :J CtI CtI CtI ~ ~ ~ 0 CtI CtI CtI CtI ~ ~ ~ e e ...... ...... ...... ° ° Q) ...... ...... ...... ° ° en en en :J :J :J J: .!!! C en en en :J :J :J (!) (!) w w w .... .... .... ëi) E 0 w w w .... .... .... ...... ...... ..... ...... ...... ...... .... .... ro CtI CtI en en en E CtI ro ro en en en 0 0 C C C "C ~ "C C C C Q) Q) Q) 0 0 0 0 Q) Q) Q) 0 0 0 Q) Q) 0::: 0::: 0::: ~ a.. C 0::: 0::: 0::: Ü Ü Ü 0 Ü Ü Ü 0 Õ C Ü a.. a.. 0 - ~I~I ~I ~I ~I ~I~I ~I~I ~I~I ~I ~I ~I ~I~I ~I~I OJ 0 ro OJ en OJ 0 0 o OJ 0 0 0 0 1.0 ro 0- 1.0 ro 1.0 1.0 OJ OJ ...... en N.o N en ...... ...... ro ro ro x OJ X en x OJ X x ro- ro ro ro- ro ro ..... ..... Et6 E OJ Et6 OJ E E I:: I:: e e , en '¢:: , en ........ OJ ro OJ OJ ro ¢::¢:: "0 OJ "0 en "0 OJ 0'>0'> ro¢:: 0'> ro¢:: 0) " ro roO'> ro ~~ .... en ....0'> .... en ...... ...... '. 0'> '. 0'> , , 0 o 0 "00'> "01.0 "00 ..... ..... "5 0'> :J , "50 ......0 .o~ .00 .00 NO ::{¿N ::{¿O ::{¿CD cf?- ...... ...... o 0 o 0 o ... 0..... 01.0 o OJ 0 N NN N > N ::::> E 0 I..D L.{) 0 rl ... LL 4-1 ;; ;~I ~I~ 0 ~I ~I ~I ('\ 0'\ Q) tJ) rd p.¡ ~I~I ~I ~I ~I ~I~I ~I~I «>1 CDI ~I ~I ~I «>1 ~I ~I «>1 0 CD ~I~I ~I ~I ~I 0106 ~I~I CDO 1.0 ...... NI NI NI NI NI ......1 NI NI ......1 "0 I:: - :J "0 ro e 1::= 3:<.9 :J ro e3: I:: I:: "0 "0 <.9, 0 0 I:: I:: ~I ~I ~I :¡:; :¡:; :J :J , OJ ro ro ..... ..... 0 e OJ 0 en en ... ... <.9 <.9 0 ro OJ OJ ... ro..... 0 0 ..... :J "2: '2: :JO OJ OJ 0 en en 0 0 ..... ..... :J :J « « - . . 5.06.02 5.06.04 Permitted Signs A. Signs within residential zoned districts and as applicable to residential designated portions of PUD zoned properties. * * * * * * * * * * * 3, Model home signs. One on-premises sign for model homes, approved in conjunction with a temporary use permit in any zoning district not to exceed 8 feet in heiaht and 32 square feet in size. Model home sign copy shall be limited to the model name, builder's name, name and address, phone number, price, logo, and model home. Model home signs shall not be illuminated in any manner. (No building permit required.) 4. Construction signs. All supports for such signs shall be securely built, constructed, and erected and shall be located on the site under construction, subject to the following: e. Advertisina of any kind is not permitted on construction sians. * * * * * * * * * * * 6. On-premises signs within residential districts, Two ground signs with a maximum height of eight feet or wall residential entrance or gate signs may be located at each entrance to a multi-family, single-family, mobile home or recreational vehicle park subject to the following requirements: a. Such signs shall contain only the name of the subdivision, the insignia or motto of the development and shall not contain promotional or sales material. Said signs shall maintain a ten-foot setback from any property line unless placed on a fence or wall subject to the restriction set forth in section 5.03.02. Furthermore, bridge signs located on private bridges directly leading to private communities shall not be considered off-premise signs. Bridge signs complying with the requirements of section 5.06,04 5.06.02 may be substituted for ground or wall signs in residential districts. * * * * * * * * * * * B, Signs within non-residential districts: 1. Design criteria and unified sign plan. Where multiple on-premise signs are proposed for a single site or project, or in the case of a shopping center or multi-use building, a unified sign plan shall be employed. An application for site development or site improvement plan approval shall be accompanied by a graphic and narrative representation of the unified sign plan to be utilized on the site. The unified sign plan must be applied for by the property owner, or his or her authorized agent. The unified sign plan may be amended and resubmitted for approval to reflect style changes or changing tenant needs. Design elements which shall be addressed in both graphic and narrative form include: a. Colors; b. Construction materials and method; c. Architectural design; d. Illumination method; e. Copy style; Page 93 of 156 ... f. Sign type(s) and location(s); and, conformance with the following: g. No wall sign shall oxcood 80 porcont of tho width of tho unit(s) or tho building occupiod by a businoss with a minimum of ten porcent clear aroa on oach outor odgo of tho unit(s) or tho building; h. 1\11 '1:011 signs for multi uso buildings shall bo looatod at a consistont location on tho building facade, oxcopt that anshor tenants may vary from this looational roquiroment in soale with tho ::mchor's tenant's larger primary facade dimonsions. 1\11 signs shall adhoro to tho dimonsions providod f-or in tho unifiod sign plan; and i. Polo signs shall provido a polo oovor no loss than 50 poroont of tho width of tho sign, with architoctural dosign foaturos including colors and/or materials common to thoso usod in tho dosign of tho building tho sign is accossory to. .^'. minimum 100 squaro foot planting aroa shall bo providod around tho base of any ground or polo sign, oonsistont with tho provisions of this soction of this Codo. t:' 1. The qround or pole sign shall not be in the shape of a logo and the logo shall not protrude from the sign. ~ ll:. The use of fluorescent colors is prohibited. I. Outpar-sels In addition to tho abovo roquiromonts, signs for outparcels, rogardloss of tho sizo of tho outparsel, shall be limitod to tho following: i. In addition to any wall signs pormittod by this Codo, outparsels may by allm4.'od one additional sixty squaro foot '.\'all sign facing tho shopping center if tho additional sign is not oriontod tm':ards any public right of 'Nay. In no coso shall tho numbor of wall signs for an outparcel oxcood two signs; aM, ii. /\ singlo ground sign for outparcels having a frontage of 150 foet or more, not to oxcood 60 squaro foot. Ground signs shall bo limitod to oight foot in hoight. 5.06.03 5.06.05 Development Standards for Signs A. Development standards. 1. Maximum aIlO\'.'ablo hoight. 1\11 pole or ground signs within nonrosidontial zonod districts and as :Jpplicablo to nonrosidontial dosignatod portions of PUD zonod proportios aro limitod to a maximum height of 15 foot whon locatod along an arterial or sollector roadway :Jnd 12 foot for all othor roads, oxcopt as providod in this Codo for polo or ground signs for automobile service stations and outparsels whioh aro limited to :J m:Jximum hoight of eight foot; tho maximum height for diroctory signs is limitod to 20 foot. Hoight shall bo moasurod from tho lowost centorlino grade of tho nearost public or privato R.O.'.'\'. or easement to tho uppormost portion of tho sign structure. 2. Minimum setback, /\11 polo or ground signs within nonrosidontial zonod districts and as applicable to nonrosidontial dosignatod portions of PUD zonod proportios shall not bo looatod oloser than ton feot from tho proporty lino. Diroctory signs shall not bo closor than 15 foot from the proporty lino, unloss othorwiso notod bolo'll or as pro':ided for in soction 1.01.04 C. 3. Maximum allO'.l'.'ablo sign :Jroa: 80 squaro foot for polo or ground signs locatod along an artorial or collector road·..:ay and 60 squaro foot for all othor roads, 60 squaro foot for outparcels and automobile servico Page 94 of 156 ""IìIIi stations and 150 square feet f-or directory signs. -1. The location of all permanent pole, ground ~md directory signs e:hall be shown on the landscape pktns :::IS roquirod by e:oction 4.06.05. é.,..1. The maximum size limitation shall apply to each structure. Pole or ground signs may be placed back to back or in V-type construction with not more than one display on each facing for a maximum of two display areas for each V-type sign, and such sign structure shall be considered as one sign, ê,. 2. Spot or floodlights shall be permitted only where such spot or floodlight is non-revolving and said light shines only on the owner's premises or signs and away from any right-of-way. 3. Official Address Numbers and/ or the ranae of Official Address Numbers shall be posted within the upper third portion of the sian face or in the area defined in this section of the Land Development Code of Commercial and residential sianaae that utilizes the followina sian types: pole sian, around sian. and directory sians. Address numbers on sians shall be a minimum heiaht of eiqht (8) inches. 5.06.04 5.06.06 Sign Standards for Specific Situations * * * * * * * * * * * C. On-premise signs. On-premise pole signs, ground signs, projecting signs, wall signs, and mansard signs shall be allowed in all non residentially zoned districts subject to the restrictions below: 1. Pole or ground signs. Single-occupancy parcels, shopping centers, office complexes, business parks, or industrial parks having frontage of 150 feet or more on a public street, or combined public street frontage of 220 linear feet or more for corner lots, shall be permitted one pole or ground sign. Additional pole or ground signs may be permitted provided that there is a minimum of a 1,OOO-foot separation between such signs, and all setback requirements are met. In no case shall the number of pole or ground signs exceed two per street frontage. In addition, multiple occupancy parGels such as shopping senters, office complexes, business parks, or industri:::ll p:::lrks cont:::lining 25,000 squaro feet or moro of gross leasable floor area, and eight or mora independont businesses ·..:ill be permitted one diroctory sign for a single entrance on e:::lch public street. When :::I directory sign is proposed then pole or ground signs shall be limited to the name and logo of the complex and sh:::lll not contain name of :::Iny ten:::lnt. The directory sign sh:::lll contain :::I minimum of four and a maximum of eight tenant names. The name of businesses located on outparcels sh:::lll not :::Ippe:::lr of directory signs. a. Maximum allowable heiaht. All pole or around sians within nonresidential zoned districts and as applicable to nonresidential desianated portions of PUD zoned properties are limited to a maximum heiaht of 15 feet when located alona an arterial or collector roadway and 12 feet for all other roads. except as provided in this Code for pole or around. Heiaht shall be measured from the lowest centerline arade of the nearest public or private R.O,W. or easement to the uppermost portion of the sian structure. b. Minimum setback. All pole or around sians within nonresidential zoned districts and as applicable to nonresidential desiqnated portions of PUD zoned properties shall not be located closer than ten feet from the property line. c. Maximum allowable sian area: 80 square feet for pole or around sians located alona an arterial or collector roadway and 60 square feet for all other roads. Page 95 of 156 - d. The location of all permanent pole. around sians shall be shown on the landscape plans as reauired by section 4.06,05. e. Pole sians shall provide a pole cover no less than 50 percent of the width of the sian. with architectural desian features includina colors and/or materials common to those used in the desian of the buildina the sian is accessory to. A minimum 100 sauare foot plantina area shall be provided around the base of any around or pole sian. consistent with the provisions of this section of this Code. development of landscapina shall be approved by the County consistent with Section 4,06.03 A. of the LDC. a,..t Ground signs for smaller lots. Single-occupancy parcels, shopping centers, office complexes, business parks, and industrial parks may be issued a sign permit for one ground sign provided that the following minimum requirements are met, as applicable: * * * * * * * * * * * Ð,. 9..:. The minimum setback requirement may be administratively reduced by a maximum of ten feet by the County Manager or his designee upon submission of the administrative variance fee and a written request. However in no case shall the required setback be reduced to less than five feet. The County Manager or his designee's decision to reduce the required setback shall be based on the following: * * * * * * * * * * * 2. OutDarcels. In addition to the above reauirements. sians for outoarcels. reaardless of the size of the outoarcel. shall be limited to the followina: a, In addition to any wall sians permitted by this Code. outoarcels may by allowed one additional sixty sauare foot wall sian facina the shoooina center if the additional sian is not oriented towards any public riaht-of-wav. In no case shall the number of wall sians for an outoarcel exceed two sians: and. b. A sinale around sian for outoarcels havina a frontaae of 150 feet or more. not to exceed 60 sauare feet. Ground sians shall be limited to eiaht feet in heiaht. 3. Directory Sians. Multiple-occupancy oarcels such as shoooina centers. office complexes. business parks. or industrial parks containina 25.000 sauare feet or more of aross leasable floor area. and eiaht or more independent businesses will be permitted one directory sian for a sinale entrance on each public street. When a directory sian is proposed then pole or around sians shall be limited to the name and loao of the complex and shall not contain name of any tenant. The directory sian shall contain a minimum of four and a maximum of eiaht tenant names. The name of businesses located on outoarcels shall not appear of directory sians, a. The maximum heiaht for directory sians is limited to 20 feet. Heiaht shall be measured from the lowest centerline arade of the nearest public or private R.O.W. or easement to the uppermost portion of the sian structure. b. Directory sians shall not be closer than 15 feet from the property line. unless otherwise noted below or as provided for in section 1.04.04 C, £:. Maximum allowable sian area: 150 sauare feet for Directory sians. d. A minimum 100 sauare foot plantina area shall be provided around Page 96 of 156 .. the base of any Directory SIGN, consistent with the provisions of this section of this Code. development of landscapina shall be approved bv the County consistent with Section 4,06.03 A. of the LDC. e. The location of all permanent directory sians shall be shown on the landscape plans as required bv section 4,06.05. ~ 4. Wall, mansard, canopy or awning signs. One wall, mansard, canopy or awning sign shall be permitted for each single-occupancy parcel, or for each establishment in a multiple-occupancy parcel, End units within shopping centers, multiple-occupancv Parcels, or single occupancy parcels where there is double frontage on a public right-of-way, shall be allowed two signs, but such signs shall not be placed on one wall. Retail businesses with a floor area of larger than 25,000 square feet and a front wall length of more than 200 linear feet, are allowed three wall signs; however, the combined area of those signs shall not exceed the maximum allowable display area for signs by this Code. a. The maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visual facade of the building to which the sign will be attached and shall not, in any case, exceed 150 square feet for buildings or units up to 24,999 square feet, 200 square feet for buildings or units between 25,000 and 59,999 square feet and 250 square feet for buildings over 60,000 square feet in area, b, No wall sian shall exceed 80 percent of the width of the unit(s) or the buildina occupied bv a business with a minimum of ten percent clear area on each outer edQe of the unit(s) or the buildina: and c. All wall sians for multi-use buildinas shall be located at a consistent location on the buildina facade. except that anchor tenants may vary from this locational requirement in scale with the anchor's tenant's laraer primary facade dimensions. All sians shall adhere to the dimensions provided for in the unified sian plan. 5. Menu Boards: One menu board with a maximum heiQht of 6 ft and 64 square feet of COpy area per drive thru lane. ð,. 6. Projecting signs. Projecting signs may be substituted for wall or mansard signs provided that the display area of the projecting sign shall not exceed 60 square feet of display area. * * * * * * * * * * * 4,. 7. Under-canopy signs. In addition to any other sign allowed by this Code, one under-canopy sign shall be allowed for each establishment in a shopping center. This sign shall not exceed six square feet in area and shall be a minimum of eight feet above finished grade. Under canopy signs do not require a building permit unless the sign is equipped with an electrical component. ~ 8. Signage for automobile service stations. The following are the only signs allowed in automobile service stations and convenience stores with gas pumps. a. Window signs: As allowed in soction 5.06,Oð this section of tRi6 the Code. b. An illuminated corporate logo with a maximum area of 12 square feet shall be allowed on a canopy face which is adjacent to a dedicated street or highway. Otherwise, accent lighting, back lighting and accent striping are prohibited on canopy structures. c. Color accent bandina on Qasoline canopy structures and all other Page 97 of 156 - -" .. structures is prohibited. Canopies shall be of one color, consistent with the predominant color of the principle structure. if applicable. The color of all structures on site shall be soft earth tones or pastels, Er. d. One ground sign shall be permitted for each site and shall be placed within a 200 square foot landscaped area. Height is limited so that the top edge of the sign face is less than eight feet above grade. Maximum permitted area 60 square feet. 4- e. Signage, logos, advertising and information are prohibited above gas pumps. ~ 1.. Wall signs: As allowed in paragraph 2. section 5.06.04 CA. above of this Code. 1.. g. Signs: As allowed in seotion 5,06.03 this section of #H& the Code. &:. 9. Signs within planned unit developments (PUDs). Pursuant to the purpose and intent of this division, creative, flexible and uniform comprehensive sign plans providing for size, location, type, and common architectural design standards, are encouraged within all PUD zoning districts, and specifically required for PUDs containing in a commercial component. Sign classes and sizes for planned unit developments should be the same as the standards found within this Code for the zoning district the development most closely resembles, unless such planned unit developments have comprehensive sign standards contained in the PUD document. ~ 10. Flags. Residential properties that have been issued a certificate of occupancy may display up to three non-commercial flags. Three non oommercial flags may be displayed at the entranoe of a oommeroial, offioo, industrial or residential development. Where these developments have multiple entrances, any entrance may have up to three flags each, provided: the development is at least ten acres in size, any entrance with flags is providing ingress/egress only off a roadway that is designated a collector or arterial in the traffic element of the growth management plan, and all entrances with flags are at least 300 feet apart. Four additional flags may be displayed within a development provided the flags are not visible to motorists along any frontage roadways. The four internally displayed flags may be increased by up to eight additional flags for maximum total of 12 flags with the amount of the proposed increase to be determined by the County Manager or his designee, provided: all proposed flags would not be visible to motorists along any frontage roadways and the County Manager or his designee determines that the display of the extra flags is essential to the theme and design of the development. * * * * * * * * * * * d. All flaapoles that are permitted must display their permit number at the base of the flaopole in minimum Y:2 inch numerals. ª'-1..1. Temporary signs. The erection of any temporary sign shall require permitting as established within section 10,02.06 G. unless otherwise indicated herein. Applicants for temporary sign permits shall pay the minimum fee established for said permit. Temporary signs shall be allowed subject to the restrictions imposed by this section and other relevant parts of this Code, * * * * * * * * * * * e. Holidav decorations. Seasonal decorations will be aranted a permit for a period of 30 days prior to the holiday they are celebratino and will be removed no later than 15 days after the holiday, g.,. 12. Special purpose signs (on-site). Due to the unique and varied Page 98 of 156 ... nature of the following uses, additional signs may be required to provide the desired level of service to the public. Special purpose signs shall be permitted as follows: * * * * * * * * * * * b. Barber Pole signs. All traditional size (not more than 54 inches in height and not more than 6 inches in diameter) and style barber poles which contain any illuminated moving or rotating part may be permitted as a lawful sign if the following and all other applicable requirements are met: * * * * * * * * * * * iv. All barber pole signs that illuminate, whether or not they rotate, otherwise comply with sec. 5,06.06 ~C.16. for illuminated signs. 4G-:- 13. Commercial, business park and industrial directional or identification signs. Directional or identification signs no greater than six square feet in size, four feet in height, and located internal to the subdivision or development and with a minimum setback of ten feet, may be allowed subject to the approval of the County Manager or his designee, or his designee. Such sign shall only be used to identify the location or direction of approved uses such as sales centers, information centers, or the individual components of the development. Directional or identification signs maintaining a common architectural theme may be combined into a single sign not to exceed six feet in height and 64 square feet in area. Such signs shall require a building permit. For signage to be located along the Golden Gate Parkway, see sections 2,04.03, 2.03.05 and 2.03.07 and the Golden Gate Master Plan. Logos shall not occupy more than 20 percent of the directional sign area when the said sign is more than six square feet in area, Directional signs are also subject to restrictions of section 5.06.02 5.06.05 of this Code. 44-:- 14. On-premise signs within agricultural districts in the rural agricultural area designated on the future land use map of the growth management plan. On-premises signs shall be permitted within agriculturally zoned or used property, for agri-commercial uses defined within the Collier County zoning ordinance only, and subject to the following restrictions: * * * * * * * * * * * ~ 15. Off-premises directional signs. Off-premises directional signs are permitted subject to review and approval of the design and location of such signs by the County Manager or his designee, or his designee, if the following requirements are met: * * * * * * * * * * * 4ð-:- 16. Illuminated signs. All illuminated signs shall have electrical components, connections, and installations that conform to the National Electrical Code, and all other applicable federal, state, and local codes and regulations. Further, lighted signs shall: be shielded in such a manner as to produce no glare, hazard or nuisance to motorists or occupants of adjacent properties; nor be reflective or phosphorescent; have a steady nonfluctuating or nonundulating light source. 5.06.05 5.06.02 Signs Exempt from These Regulations * * * * * * * * * * * B. On-premises directional signs, not exceeding six square feet in area and four feet in height, intended to facilitate the movement of pedestrians and vehicles within the site upon which such signs are posted. On-premises Page 99 of 156 ..... directional signs shall be limited to two at each vehicle access point and a maximum of four internal to the development. Internal signs are not intended to be readily visible from the road. Directional signs are also subject to restrictions of section 5.06.06 (C)(10) 5.06.04 C.13. of this Code, * * * * * * * * * * * O. Flags, or insignias of governmental, religious, charitable, fraternal or other nonprofit organizations when displayed on property owned by or leased to said organization. Non-commercial flags that will be flown on a flagpole that does not exceed 15 feet in height above finished grade or extend more than ten feet from any building they are attached to, are allowable if the number of flags displayed does not exceed those described in this section and the flagpoles do not require a certified design or be sealed by a Florida registered engineer as described in this section 5,06.02 5.06.05. P. Advertising and identifying signs located on taxicabs, buses, trailers, trucks, or vehicle bumpers, provided such sign does not violate section 5.06.03 5.06.06 of this Code. * * * * * * * * * * * W. Internal directory sians for institutional or aovernmental facilities that cannot be seen from abuttina riaht of way. Each sian shall be no hiaher than 6 feet in heiaht or laraer than 64 sauare feet. 5.06.06 5.06.03 Prohibited Signs It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, any sign not expressly authorized by, or exempted from this Code, The following signs are expressly prohibited: * * * * * * * * * * * C. Animated or activated signs, except special purpose time and temperature signs and barber pole signs complying with section 5.06.06 ~ 5.06.04 C.12.b. D. Flashing signs or electronic reader boards. E. Rotating signs or displays, except barber pole signs complying with section 5.06.06 C.9,b. 5.06.04 C.12.b. * * * * * * * * * * * P. Any sign which is located adjacent to a county right-of-way within the unincorporated areas of the county which sign was erected, operated or maintained without the permit required by section 10.02.06 having been issued by the County Manager or his designee shall be removed as provided in this section 5.06.03 5.06.06, Such signs shall include but are not limited to structural signs, freestanding signs, [and] signs attached or affixed to structures or other objects. * * * * * * * * * * * DD. Illuminated signs, neon or otherwise, installed inside businesses and intended to be seen from the outside. Signs that comply with the provisions of section 5.06.02 5.06.05 (V) of this Code are exempt from this section. EE. Human Directional Sians. People in costumes advertisina stores or products FF. Attachments to sians. such as balloons and streamers. GG. Banner Sians HH. Pennants II. Bench Sians Page 100 of 156 - -- - JJ. Sians that due to brilliance of the liaht beina emitted. it imDairs vision of Dassina motorist. KK. éé,. All signs expressly prohibited by this section and their supporting structures, shall be removed within 30 days of notification that the sign is prohibited by the Collior County Codo Enforcomont Diroctor, County Manaaer or his designee, or, within 30 days of the end of the amortization period contained in section 9.03.03 D. or, in the alternative, shall be altered so that they no longer violate this section. Billboards with an original cost of $100.00 or more, and which have been legally permitted, shall be treated as nonconforming signs and removed pursuant to section 9.03.03 D. SUBSECTION 3.V. AMENDMENTS TO SECTION 6.01.01 UTILITIES REQUIRED TO BE INSTALLED UNDERGROUND Section 6.01.01 Utilities Required to be Installed Underground, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 6.01.01 Utilities Required to be Installed Underground All permanent facilities. infrastructure, or imDrovements constructed by Dublic utilities, including those installed by franchised utilities, must be installed. Le.. located and constructed. underaround, as set forth below, The utilities included are those Drovidina for. or related to: electrical power (includina wirina to streetliahts), and light, telephone, Dotable & irriaation/re-use water, sewer, cable television, wiring to £trootlight£ and gas shall bo in£tallod undorground. This section shall apply to all Dublic utilities either DroDosina. or relocatina existina. Dermanent facilities. infrastructure. or imDrovements cablo£, conduit£ or wiro£ within subdivisions or developments. includina all cables, conduits. or wires forming part of an electrical distribution system. which includes all including service lines to individual properties and main distribution feeder electrical lines delivering power to local distribution systems.....!lliL. HO'....ovor, agricultural land, indu£trialland, commorcial £ito£ and ro£idontial lots largor than t'110 acro£ may bo oxompted from thi£ requiromont by tho dO'.:olopmont £orvico£ diroctor if co£t£ for tho utilitio£ to bo placod undorground are demon£tratod to bo unroasonably prohibitivo. ThiG £oction does not include or apply to wires, conduits or associated apparatus and supporting structures whose exclusive function is for the transmission or distribution of electrical energy between develapmontß or ßubdivisianß, generating stations, substations.. and the transmission lines of ill!Y....other electric utility Drovider's systems, or along tho pori motor line of ßubdivisions or do':elopmonts. A. Appurtenances such as transformer boxes, pedestal mounted terminal boxes, meter cabinets, service terminals, telephone splice closures, pedestal type telephone terminals or other similar "on the ground" facilities normally used with and as a part of the underground distribution system may be placed above ground but shall be located so as not to constitute a traffic hazard. .!2... Public utility Easements shall be coordinated with Qther appropriate public utility providers with verification of the creation or dedication of such easements Drovided to the County manager or designee before final subdivision plat and improvement plans approval. L The installation of underground utilities or relocating existing facilities as prescribed by this section sRaU must also be in conformance with the respective utility's rules and regulations, Q. A-: Utility Casings Page 101 of 156 ... Subdivisions or developments providing water services shall install no less than four-inch conduits to each alternate lot on the opposite side of the street from the main distribution line for each street prior to the completion of roadway construction or as required by applicable utility. Additionally, all casings for irrigation facilities, street lighting and other utility services such as electric, telephone, cable television, and the like shall be placed under all proposed streets prior to the completion of the stabilized subgrade. SUBSECTION 3.W. AMENDMENTS TO SECTION 8.06.03 POWERS AND DUTIES (EAC) Section 8.06.03 Powers and Duties (EAC), of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 8.06.03 Powers and Duties The powers and duties of the EAC are as follows: * * * * * * * * * * * * * N. All preliminary subdivision plat and/or site development plan submissions for development or site alteration on a shoreline and/or undeveloped coastal barrier shall be reviewed and a recommendation shall be made for approval, approval with conditions or denial by the EAC. If the aDDlicant chooses not to utilize the optional preliminary subdivision plat process, the review and approval will occur at the time of either the final plat and construction plans or the final plat. 1. An applicant aggrieved by action of the EAC may appeal to the BZA. Said appeal shall be in accordance with the procedure and standards of section 10.02.02 for appeal of written interpretations. SUBSECTION 3.X. AMENDMENTS TO SECTION 9.02.00 VESTED RIGHTS Section 9.02,00 Vested Rights, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 9.02.00 DEVELOPMENT '.^lITH VESTED RIGHTS [ReserveEt] 9.02.00. Vested Riahts & Takinas Determinations. A. Landowners claimina that certain of their propertv riahts have either: a) vested prior to establishment of this code on November 13. 1991, or prior to the effective date of any amendment or revision to this code. includina the claim to a riaht to an Adeauate Public Facilities Certificate (APFC). or b) been unlawfully taken. may use the vested riahts determination process and takinas determination process under this section. as either or both may be applicable. Both processes are to be administered as provided for in this section and are intended to ensure landowners are afforded adeauate procedural due process by providina for reauired notice. public hearina. the riaht to present and rebut evidence. create a formal. written record. and an impartial hearina officer. as may be applicable under these processes. B. Claims or suits aaainst Collier County. includina its board of county commissioners. whether sued individually or collectively. and any official thereof. which: a) alleae vested riahts or eauitable estoppel. or b) challenae the denial. revocation. suspension. or any other limitation or restriction set forth in a develoDment order or develoDment Dermit. or any other aovernmental act of Collier County as a temporary or permanent takina of private property. includina claims or suits of an inordinate burden Page 102 of 156 - of private property. cannot be deemed final action or a final order of the Countv in anv court or quasi-iudicial proceedino unless and until the processes provided for by this section have been fully complied with and exhausted. C. The provisions of this Code are expresslv intended to reoulate landowners' riqhts to develop their property in the unincorporated areas of the county as may be necessary to protect the public's health and safety and to promote its oeneral welfare without violatinq landowners' leoally vested riqhts obtained in accordance with Florida common law and statutory law. particularly F.S. & 163.3167(8). 9.02.01. Acclications for Vested Riahts Determinations. A. Applications for a determination of claimed vested riohts must be submitted alono with the initially required application fee in the form established by the County and must be sworn to or comply with & F .S. 92.525. for declarations made under penalty of periury, In order to be considered timely. all applications must be filed within one year of the effective date of this Code. or of any amendment or revision to the Code. aqainst which the landowner claims to be vested. Failure to timelv file such application within the one-vear period will act as a landowner's waiver of the claimed riohts and bar all claims for vested riohts or equitable estoppel for the landowner's property. Applications must include: 1. name. address. and telephone number of the landowner. and of any authorized aoent(s): 2. street address. leqal description. and acreaqe of the subiect property: 3, all facts. documents. records. attachments. appendices. exhibits. or other information reasonablv available to the landowner throuqh diliqent research which are considered bv the landowner to be relevant and which would tend to establish the criteria for a vested riohts determination set forth in section 9.02.05. The application should include any information the applicant considers necessary and that would substantiate those facts supportino the claim. The ouide for inclusion of information should be whether the information would constitute competent. substantial evidence in a quasi-iudicial or iudicial proceedinq: 4. allleqal arouments in support of the claims alleqed: 5. anv relief or remedies proposed to resolve the claims alleqed: and 6. the sionature of the landowner or anv attornev for the landowner. Siqnatures affixed to an application will constitute certification that the person sionino has read the document and that to the best of the person's knowledoe it is supported by oood orounds and that it has not been submitted solely for purposes of delav. ß, Applicants may include such information under & 9.02.10. ß, 3. a. - q.. as they consider necessary to establish their claims. C. A landowner and any attorney for the landowner has a continuinq oblioation to amend or correct anv document submitted with the application which is incorrect because of chanoed circumstances or which was found to have been incorrect. 9.02.02. Determination of comcleteness. After receipt of a fully paid application for a determination of vested riohts. the county manaoer will determine if the information submitted with the application is complete. If the application is determined to not be complete. the county manaqer will provide notice to the applicant in writino of all deficiencies found within five (5) days. The county manaoer will take no further steps to process or review the application until all Page 103 of 156 ... deficiencies have been adeauately remedied or the county manaaer is ~fiAd b¥ the landowner that no further information will be provided, 9.02.03. Review of aDDlication by county manaaer and county attorney: determination or recommendation. Completed applications for determinations of vested riahts. i.e.. those deemed sufficient for review. will be reviewed bY the county manaaer and the county attorney under the criteria in section 9.02.05.. within forty-five (45) days. Based on their review. the county manaaer and the county attorney will thereafter within ten (10) days either: a) enter into a written stipulated determination of vested riahts with the owner. or b) make a written recommendation to a hearina officer for a determination that the application should be denied. qranted or qranted with conditions. A. If the county manaaer and the county attorney aaree that the application for a determination of vested riahts so clearly demonstrates that the reauested relief should be aranted or aranted with conditions acceptable to the landowner. then they are authorized to enter into a stipulated determination of vested riahts with the landowner on behalf of the County. The county manaqer's and the county attorney's written determination must include: a) their findinas of fact based on the criteria established in section 9.02.05.. b) their conclusions of law for such criteria. c) their findinqs of consistency with the arowth manaaement plan and the Code. as applicable. and d) the specific relief to be afforded by the determination. which must be sianed by the county manaaer and the county attorney. as well as the landowner. B. If the county manaaer and the county attorney do not aaree after their review that the application for determination of vested riahts so clearly demonstrates that the reauested relief should be aranted or aranted with conditions acceptable to the landowner. then they will prepare a report for consideration by a aualified hearinq officer which recommends that the reauested relief should be qranted. aranted with conditions. or denied. The written recommendation to the hearina officer must include: a) their findinas of fact based on the criteria established in section 9.02.05.. b) their conclusions of law for such criteria. c) their findinas of consistency or inconsistency with the arowth manaaement plan. as applicable. and d) the specific relief to be afforded. if any. in whole or in part. by the determination. The procedures to be followed for aualification and selection of the hearina officer are those set forth in section 9.02.04. The procedures to be followed for the hearinq officer's review of the claim. public hearina. and issuance of a written determination are set forth below in sections 9.02.04.. and 9.02.06. 9.02.04. Hearina officer review and vested riahts determination. A. In the event that all of a landowner's claims are not fully resolved by the process under section 9.02.03.. the county manaaer will solicit for a hearina officer who must meet the followina minimum aualifications: a) be an attorney admitted to practice before the Supreme Court of the State of Florida. b) have demonstrated knowledae of administrative. environmental. and land use law and procedure; and c) aaree to hold no other appointive or elective county public office or position durina the period retained. A aualified hearinq officer selected bY the county manaaer and county attorney will be retained immediately upon the landowner's payment of any additional fees reauired for a hearinq officer's determination of vested riahts. Once retained. the application. written recommendation of the county manaaer and county attorney. and all supportina documentation. collectively considered to be the then existina official record of the claim. will be provided to the hearina officer for review. Within fifteen (15) days of notice of retainina a aualified hearinq officer. the claimant must provide the hearina officer and all other parties a list of the names and addresses of any witnesses which the claimant intends to present in support of its claim and a summary of the testimony of each witness, In no event. however. will the reauisite public hearina be scheduled or noticed until the list and summary are properly provided. Page 104 of 156 - -- ... B. At any time after thirty (30) days from receipt of the official record. the hearina officer is to conduct a properly noticed public hearina. The hearina will follow such rules of procedure for auasi-judicial. civil proceedinas as the hearina officer may consider are reasonably reauired to afford all parties procedural due processe and as follows. The parties entitled to appear before the hearina officer are the county. the landowner. and those members of the public who have timely notified the county manaaer and hearina officer of their intention to be considered as affected persons under section 9.02.04 C.. below. In the event that any affected person's claimed status as a party is challenaed by another party. the hearina officer will determine whether that person is entitled to appear as an affected person under the traditional notions of standina set forth in Florida jurisprudence. The order of presentation before the hearina officer will be: a) the landowner. b) the county. and c) any affected person(s). Althouah the public is invited to attend the hearina. members of the aeneral public may not participate unless testifyina as a party witness under one of the three cateaories above. C. Affected persons intendina to participate as a party in any hearinas held as part of the vested riahts determination process must submit written comments and pertinent factual information and data to the county manaaer for inclusion in the official record within fifteen (15) days of the landowner's mailina of notice to all persons as set forth in section 9.02.06.A. The pertinent factual information and data will be reviewed and considered by the county manaaer and county attorney. and when applicable, will be submitted to the hearina officer as an attachment to the county attorney's and county manaaer's recommendation to the hearina officer and become part of the official record. The names of affected persons intendina to appear as a party witness, alona with a written summary of their testimony. must be submitted to the hearina officer no later than ten (10) days prior to the advertised date of the hearina officer's public hearina. 9.02.05. Criteria for vested riahts determinations. A. This section is intended to establish criteria for vested riahts determinations that strictly adhere to. and implement. existina Florida statutory and case law as they relate to the doctrine of vested riahts and eauitable estoppel. Each determination is to be made on a case-by-case basis in liaht of these criteria and the specific factual and leaal analysis of that claim. Landowner's claims should not be afforded the relief or remedy souaht unless the landowner demonstrates by substantial competent evidence that it's entitled to complete it's development without reaard to the otherwise applicable provision(s) of this Code based on either: a) meetina the provisions of F.S. ~ 163.3167(8); or b) that: 1) upon some act (such as enactina the challenaed provision of this Code) or omission of the county, 2) the landowner relyina in aood faith. (3) has made such a substantial chanae in position or has incurred such extensive obliaations and expenses that it would be hiahly ineauitable and uniust to destroy the riahts acauired to applY the challenaed provision. B. The provisions of Code of Laws ~ 106-46 (i) Criteria for Vested Riahts. (2) & (3), may be used as an additional auide for consideration of the second and third criteria in A., above. 9.02.06. Reauired notices for vested riahts determination process. includina public hearinas. A. Within fifteen (15) days of the date of receipt by the county of a completed application for a vested riahts determination. the landowner must provide notice of the submission of the application by: a) prominently postina on the property for which the vested riahts determination is souaht a sian advisina of the substance of the claim of vested riahts and otherwise complyina with section 10.03.05, B. 1. as to timina and otherwise. a. or .b.. only. and B. 2. throuah 4.. as applicable, and b) mailina notice to all property owners within 300 feet of the property lines of the subiect property. The mailed notice must briefly state the nature of the claim and Page 105 of 156 -- must be made via certified mail. return receipt reauested. sent at the landowner's expense. B. Public notice for vested riahts determination hearinas held pursuant to section 9.02.04. or section 9.02.08, must be provided bv publication at least one time in a newspaper of aeneral circulation at least fifteen (15) days in advance of any public hearina statina the time. place. purpose of such hearina. includina a brief statement of the nature of the claim. C. For those claims not resolved under section 9.02.03.. the landowner must additionally provide the type of mailed notice described in A.. above to all persons who have notified the county manaaer that they should be considered as an affected person at least twenty (20) days prior to the hearina officer's public hearina. D. For those claims not resolved under section 9,02.08. the appealina party must additionally: a) provide the type of mailed notice described in A.. above to all other parties at least fifteen (15) days prior to the public hearina. and b) publish the notice for the public hearina reauired under B.. above. 9.02.07. Issuance of a vested rights determination bv hearing officer. Within fifteen (15) days after the completion of the hearina officer's public hearina. the hearina officer will render a determination denyina. arantina. or arantina with conditions. all vested riahts claimed by the landowner. The determination must be based upon the hearina officer's review and consideration of the official record which will include the application for determination of vested riahts. the recommendation of the county manaaer and the county attorney. and the evidence and testimony presented at the public hearina by all parties. The determination must be in writina and specifically set forth enumerated: a) findinas of fact. and b) conclusions of law for each criterion of section 9.02.05.. as applicable to each claim. The determination must also state the specific relief or remedy afforded the landowner. if any. and detail any conditions which the landowner must comply with to obtain such relief. 9.02.08. AD Deal of hearina officer's vested riahts determination. Within 30 days after the hearina officer's written determination of vested riahts beina rendered. either the county or the landowner may appeal the determination to the board of county commissioners. Any additional fee for a landowner-initiated appeal must accompany the appeal. The board of county commissioners may: a) affirm the hearina officer's determination of vested riahts. with or without modifications or conditions. or b) reiect the hearina officer's determination. except that the board may not modify the determination or impose conditions. or reiect the hearina officer's determination unless the board expressly finds that one or more of the hearina officer's findinas of fact or conclusions of law is not supported by competent substantial evidence in the official record. or that the hearina officer's determination otherwise specifically failed to properly apply one or more of the criterion in section 9,02.05. Because the law in the area of vested riahts and eauitable estoppel is constantly chanaina in both substance and interpretation. the board should be auided by advice from the office of the county attorney reaardina interpretations of appropriate considerations in its deliberations. 9.02.09. EXDiration of vested rights determinations. Any relief aranted bY a vested riahts determination will be presumed abandoned and expire if not utilized for its proper purpose within two (2) years from the date it was aranted. Thus. all determinations of vested riahts which are aranted. with or without conditions. expire and become null and void two (2) years from the date finally issued. Le.. the last of either: a) the latest date sianed as a stipulated aareement. b) the date rendered by a hearina officer. or c) otherwise finally determined followina any appeal: unless: 1) any conditions imposed are complied with and construction authorized by the determination is commenced pursuant to an approved final development order or permit. and 2) construction continues in aood faith under then applicable reaulations for development. The two (2) year time limitation to commence and continue construction will only be stayed for any time period durina which construction is prohibited. deferred. or delayed by the county due to inadeauate public facilities. as otherwise provided for bY this Code. Page 106 of 156 - 9.02.10. Process for review and remedY oftakina claims. A. Scope. This section aoolies to: 1. a landowner's claim which would otherwise arise in a court of comoetent iurisdiction as a takina of orooertv without iust comoensation under any law aoolicable to the county and that arises from: a. the denial of property or develooment riahts souaht as Dart of a develooment permit or develooment order. or b. the aoolication of any other orovision of the county's comorehensive olan. its imolementina land develooment reaulations as stated in this code. or other ordinances. 2. oersons denied a claimed remedy souaht as oart of a vested riahts determination under sections 9.02,00. - 9.02.09.. of this code: and 3. any aaarieved or adverselv affected Darty meetina the standard for "standina" defined in F.S. ~ 163.3215(2), and alleaina that the arant or issuance to another oerson of a develooment order or develooment oermit bv the county constitutes a takina of his orooertv. 4. Notwithstandina the orovisions set forth above. this section does not aoolv to takinas claims arisina as Dart of a condemnation or eminent domain action to which the county is. or may be. a oartv, B. Administrative procedures for filina and documentation of takinas claims. 1. All takinas claims must be filed with the county manaaer and be accomoanied bv such fee as may be reauired. 2. Anv oerson Wina a takinas claim must affirmativelv demonstrate the validitv of the claim alleaed bv submittina a sworn statement settina forth the facts uoon which the takinas claim is based, The sworn statement should include any information the aoolicant considers necessary. As such. a statement may contain attachments. aooendices or exhibits that substantiate those facts suooortina the claim. The auide for inclusion of information should be whether the information would constitute comoetent. substantial evidence in a auasi-judicial or iudicial oroceedina. 3. In addition to a demonstration of a ootential takina claim. the aoolicant's evidence should also orovide that information necessary to fashion a remedy. should a potential takina claim be found to exist. As Dart of a tvoical claim oackaae. the sworn statement reauired bv this subsection should suooort the claim for a remedy bv includina any additional affidavits. cooies of drawinas. contracts. recordinas. reoorts. letters. aooraisals. or any other form of documentation or information that may aoolv. includina. but not limited to: a. the transcriot or record of any orevious hearina where the claim is alleaed to have arisen. b. evidence of the exoenditure of funds for land. the acauisition of which orovides the basis of the takina claim. c. evidence of exoenditures of funds for olannina. enaineerina, environmental. and other consultants for site plan oreoaration. site imorovement or other oreoaration. or construction. Page 107 of 156 - -- .~.. - d, evidence of expenditures for construction of actual buildinas in accordance with an existina or prior development order or development permit issued bv the countv. e. anv relevant donations or dedications of real propertv or anv other property interest made to the county for the followina purposes: i. roads or other transportation or public utility facilities. ii. access (inaress/earess) or riahts-of-way. iii. drainaae easements. iv. parks or recreation/open space. v. retention/detention areas. vi. preservation or conservation areas. or vii. any other purpose consistent with the provision of services for any element of the county's comprehensive plan: which are either on- or off-site with respect to the property involved in the claim. f. evidence of costs of construction of any roads. sidewalks. stormwater detention/retention or drainaae facilities. sewer or water facilities. parks. etc.. which would be either on- or off- site. and part of a plan permittina development on the subiect property. or a. other development orders or development permits issued by the county with respect to the property involved in the takinas claim. and any related federal. state or reaional permits. 4. As part of a sworn statement. the claimant is reauired to provide a list of the names and addresses of any witnesses which the claimant will present in support of the claim and a summary of the testimony of each witness. 5. Additionally. the claimant should consider submittina as part of its sworn statement information which: a. demonstrates that the claimant has acted in aood faith and without knowledae that chanaes to applicable ordinances. resolutions. or reaulations miaht effect his development expectations. In establishina "aood faith." the claimant should consider submittina information which affirmatively states that the claimant: i. has not waived. abandoned. or substantially deviated from related prior county development approvals: ii. has not. by act or failure to act. consented or assented to chanaes in related prior county development approvals: and iii. has. at all times relevant. conformed with the applicable laws. rules. and reaulations of the state and the county. b. if applicable. details the specific aovernmental act. ordinance. resolution. reaulation or comprehensive plan provision that the claimant believes aave rise to the takinas claim. 6. The sianature of the claimant. or any attorney for the claimant. upon any document submitted as part of a sworn statement will constitute certification that the person sianina has read the document and that to the best of the person's knowledae it is Page 108 of 156 -- supported by aood arounds and that it has not been submitted solely for purposes of delay. Further. the claimant and any attorney for the claimant will have a continuina obliaation to amend or correct any document submitted which is incorrect because of chanaed circumstances or was found to have been incorrect. 7. If the board of county commissioners makes a determination and findina that the sworn statement submitted as part of a takina claim is: a. based on facts that the claimant or any attorney for the claimant knew or should have known was not correct or true: or b. frivolous or filed solely for the purposes of delay: then the board of county commissioners. in addition to the penalties set forth in section 10.07.00. A.2.e.. may pursue any remedy or impose any penalty provided for by law or ordinance, C. Review. hearina and standards for takinas claims. 1. Within five workina days of filina a sworn statement (and any accompanyina information) as part of a takinas claim. the county manaaer will determine whether the statement received is complete. If the statement is deficient. then the claimant will be notified. in writina, of the deficiencies. 2. Once a statement is complete. or the claimant has informed the county manaaer that no further information is forthcomina. the county manaaer will timely review the application. provide reauisite public notice consistent with section 9.02.06 B. and schedule a properly noticed public hearina before the board of county commissioners on the takinas claim, 3. At the scheduled public hearina. sworn testimony and relevant evidence which meets the criteria of subsection B. above should be offered into the record to support the claimant's position. The county manaaer and staff. and county attorney personnel may offer testimony and evidence. or opinions as may be relevant to the hearina. 4. No later than 30 days after the board of county commissioners closes the public hearina. the board will make and report a conclusive, final decision based upon the record presented. Nothina in this subsection will prevent the board' from decidina to continue the hearina to a time-. date-, and place-certain to aive staff the opportunity to prepare alternatives. in consultation with the applicant. or to aive staff or the applicant the opportunity to prepare responses to auestions which the board may have reaardina information presented at the hearina, 5. Because the law in the area of takinas is constantly chanaina in both substance and interpretation. the board of county commissioners should be auided by advice from the office of the county attorney reaardina interpretations of appropriate considerations in its deliberations. In evaluatina whether a valid takina claim is presented by the record. and what the measure of relief to be provided to the claimant should be. if any. the followina factors will be taken into consideration: a. whether and to what dearee the challenaed reaulation or combination of reaulations has resulted in any physical invasion of the claimant's propertv bY the county or others: b. whether the challenaed reaulation. or combination of reaulations. has resulted in a denial of all beneficial use of the claimant's property by the county and. if so. whether the loaically antecedent inauiry into the nature of the landowner's Page 109 of 156 - -- -- estate shows that the prescribed use interests were not part of his title to beain with: c. whether and to what dearee the claimant's expectations of use were investment-backed: d. whether and to what dearee the claimant's expectations of use were reasonable in liaht of the followina circumstances as thev may applv: i. the loaicallv antecedent inauiry into the nature of the landowner's estate shows that the prescribed use interests were not part of his title to beain with: ii. the existina land use and zonina classification of the subject and nearby properties. as may be relevant: iii. the development history of the subiect property and nearby properties: and iv. the suitabilitv of the subiect property for the intended or challenaed development or use. e. whether and to what dearee the intended or challenaed development or use has or would cause any diminution in value of the subiect properties. or any relevant properties arisina from section 9.02.10 A.3,; f. whether and to what dearee any such diminution of property values has promoted the public health. safety. morals. aesthetics. or aeneral welfare. and was consistent with the county's comprehensive plan: and a, to what extent the public would aain from the intended or challenaed development or use compared to any resultina hardship upon the claimant alone. 6. Anv relief to be provided a claimant will be limited to the minimum necessary to provide a reasonable. beneficial use of the subject property and may be in the form of alternative uses of additional development intensity which may be severed and transferred. or other such non-monetary relief as is deemed appropriate bv the board of county commissioners. Anv relief aranted will be presumed abandoned and expire if not utilized for its proper purpose within one year from the date it was aranted. Subseauent applications under this section may review the expired decision for possible reinstatement. with or without modification as deemed necessary under then existina conditions. D. ADDeal of takinas claim. Anv claimant aaarieved bv the final decision of the board of county commissioners may seek iudicial review of the board's decision bv timelv filina an action in a court of competent jurisdiction. SUBSECTION 3.Y. AMENDMENTS TO NONCONFORMITIES SECTION 9.03.01 Section 9.03.01 Nonconformities, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 9.03.01 Generally * * * * * * * * * * * * * E. Uses under conditional use provisions not nonconforming uses. Page 110 of 156 -- All uses lawfully existing on the effective date of the LDC or any subseauent amendment to this code. which are permitted as a conditional use in a district under the terms of the LDC or any subseauent amendment to this code. shall not be deemed a nonconforming use in such district, but shall without further action be deemed to have a conditional use permit. SUBSECTION 3.Z. AMENDMENTS TO SECTION 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS Section 10.02.02 Submittal Requirements for All Applications, of Ordinance 04- 41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.02 Submittal Requirements for All Applications * * * * * * * * * * * * * A. Environmental impact statements * * * * * * * * * * * * * 9. APPEALS, a. Any person aggrieved by the decision of the County Manager or his designee regarding any section of this Code may file a written request for appeal, not later than ten days after said decision, with the environmental ad'o'ißory board EAC or their successor organization. b. The environmental advißory board EAC will notify the aggrieved person and the County Manager or his designee of the date, time and place that such appeal shall be heard; such notification will be given 21 days prior to the hearing unless all parties waive this requirement. c. The appeal will be heard by the environment::ll ::ldviGory board EAC within 60 days of the submission of the appeal. d. Ten days prior to the hearing the aggrieved person shall submit to the environmental advisory board EAC and to the County Manager or his designee copies of the data and information he intends to use in his appeal. e. Upon conclusion of the hearing the en'/ironmental advisory board EAC will submit to the board of county commissioners their facts, findings and recommendations. f. The board of county commissioners, in regular session, will make the final decision to affirm, overrule or modify the decision of the County Manager or his designee in light of the recommendations of the environmental advisory bO::lrd EAC. * * * * * * * * * * * * * D. Review by environmental advisory council rEA C). beD."{j. All preliminary subdivision plat and/or site de\'elopment plan submißsions for development or Gite alteration on ::l shoreline and/or undeveloped ooastal barrier Ghall be revie'/Jed and ::l reoommendation Ghall be made for ::lpproval, appro'o'al with oonditions or denial by the environmental ad'/isory board. If the applisant ohooses not to utilize the option::ll preliminary subdi\'ision plat prooess, tho reviow ::lnd ::lppro'J::l1 will ooour at the time of either the f.inal plat and construotion planE: or tho final plat. The procedures for reviewina PSP and/or SDP submissions for develooment Page 111 of 156 - or site alteration on a shoreline and/or undeveloped coastal barrier are outlined in section 8.06,03 N. of this code. .. .. .. * * .. * .. * * .. .. * F. Requests for Interpretations .. .. * .. * * * .. .. .. .. .. .. 5. Appeal to board of zoning appeals or building board of adjustments and appeals. a. Within 30 days after receipt by the applicant or affected property owner of a written interpretation sent by certified mail return receipt requested by the planning £ervioec director County Manaqer or his desiqnee or chief building official, or within 30 days of publication of public notice of interpretation, the applicant, affected property owner, or aggrieved or adversely affected party may appeal the interpretation to the building board of adjustments and appeals for matters relating to building and technical codes as shown in division 1.18 or to the board of zoning appeals for all other matters in this Code. For the purposes of this section, an affected property owner is defined as an owner of property located within 300 feet of the property lines of the land for which the interpretation is effective. An aggrieved or affected party is defined as any person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan, Land Development Code, or building Code(s). The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. b. A request for appeal shall be filed in writing. Such request shall state the basis for the appeal and shall include any pertinent information, exhibits and other backup information in support of the appeal. A fee for the application and processing of an appeal shall be established at a rate set by the board of county commissioners from time to time and shall be charged to and paid by the applicant. The board of zoning appeals or the building board of adjustments and appeals, whichever is applicable, shall hold an advertised public hearing on the appeal and shall consider the interpretation of the planning servicec director County Manaqer or his desiqnee or chief building official, whichever is applicable, and public testimony in light of the growth management plan, the future land use map, the Code or the official zoning atlas, or building code related matters, whichever is applicable. The board of zoning appeals or the building board of adjustments and appeals, whichever is applicable, shall adopt the pkmning cervices dirootor's County ManaQer or his desiqnee's or chief building official's interpretation, whichever is applicable, with or without modifications or conditions, or reject his interpretation. The board of zoning appeals or the building board of adjustments and appeals, whichever is applicable, shall not be authorized to modify or reject the planning cervioes diroctor's County Manaqer or his desiqnee's or chief building official's interpretation unless such board finds that the determination is not supported by substantial competent evidence or that the interpretation is contrary to the growth management plan, the future land use map, the Code or the official zoning atlas, or building code, whichever is applicable. c. Time Limitations on Appeals. Anv appeal that has not been acted upon bv the APPLICANT within six months of the applicant filinQ the appeal will be determined to be withdrawn and cancelled unless extended bv the BCC. Further review and action on the appeal will require a new application subiect to the then current code. Page 112 of 156 ... SUBSECTION 3.AA. AMENDMENTS TO SECTION 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS Section 10.02.04 Submittal Requirements for Plats, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.04 Submittal Requirements for Plats A. Preliminary Subdivision Plat Requirements 1. Procedures for preliminary subdivision plat. a. Optional. The preliminary subdivision plat process is not mandatory, but an option that may be exercised by the applicant upon the effective date of this ordinance. All preliminary subdivision plats that were approved prior to the effective date of this ordinance are not optional and must proceed in accordance with the procedures outlined for a preliminary subdivision plat. Also, nothing in this section will be construed to affect the mandatory nature of a final subdivision plat. i. AbandonmenUCancellation of existina approved PSP's. The aDDlicant may chose to abandon/cancel any PSP that was approved prior to February 11. 2004 in the event that the FSP has not been approved. If the aDDlicant chooses to abandon. then the only process that will be applicable to that aDDlicant is the final subdivision plat process in the same manner as if the PSP option was never exercised. Any portion of the oriainal PSP for which a Final Plat has not been approved would therefore reauire a separate Final Plat accordina to procedures in effect at the time of submittal. * * * * * * * * * * * * * B. Final Plat Requirements * * * * * * * * * * * * * 3. General Requirements for Final Subdivision Plats * * * * * * * * * * * * * e. Subdivision performance security, as further described herein, in an amount equal to 110 percent of the sum of construction costs for all on-site and off-site required improvements based on the applicant's professional engineer's opinion or contract bid price, Where improvements are to be constructed by a general-purpose government such as a county or municipality, a local school district, or state agency, no subdivision performance security shall be required. Subdivision performance security shall be required of an independent special-purpose government such as a community development district (COD). The subdivision performance security shall be in one of the following forms: (1) Cash deposit agreement with the county. (2) Irrevocable standby letter of credit. (3) Surety bond. (4) Construction. Maintenance and Escrow agreement with tho firEt mortgagoo of tho ontiro final 6ubdivisien plat. Page 113 of 156 ... - - (5) FundG hold by tho bond trUGtoo for ~ oommunity Ete'¡eløpmeAt district which aro design~ted for subdivision improvomonts. The COD shall ontor into a oonstruotion and maintonanoe agreemont with tho county in a form aoooptablo to the oounty attornoy. Tho construotion and mainten~nce 3greemont shall pro'/ido that (a) 311 pormits roquired for tho construction of tho roquirod sut:.di\'ision improvomonts shall bo obtained by tho COD prior to reoording of tho plat, (b) tho projoot as dofinod in tho COD's bond dooumentc must inolude tho roquired subdi':ision improvomontc and cannot bo amondod or ohangod without the consont of tho oounty, and (c) tho dovolopor chall bo roquirod to completo the roquirod improvements should the COD fail to comploto sarno. SUBSECTION 3.BB. AMENDMENTS TO SECTION SUBMITTAL REQUIREMENTS IMPROVEMENT PLANS 10.02.05 FOR Section 10.02.05 Submittal Requirements for Improvement Plans, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.05 Submittal Requirements for Improvements Plans * * * * * * * * * * * * * B. Construction of required improvements. * * * * * * * * * * * * * 5. Construction inspections by the engineering services director. Upon approval of the improvement plans by the engineering services director, the applicants' professional engineer of record shall be provided with a list of standard inspections which require the presence of the engineering services director. Notification of all required inspections shall be contained in the approval letter for the development. Based on the scheduling and progress of construction, the applicant shall be responsible to notify the engineering services director prior to the time these inspections are required. At least 48 hours' notice shall be provided to the engineering services director to allow scheduling of an inspection. Verbal confirmation of inspection time or a request for rescheduling will be made by the engineering services director on each notification made. 6. All required inspections as noted in the Collier County Utilities Standards and Procedures Ordinance No. 97 17, subsection 9.4.2 shall require notice to the engineering services director. Also, the engineering services director shall be notified at the following stages of construction: Prior to any paving or concrete work associated with roads or sidewalks. 7. From time to time, the engineering services director shall inspect the progress of construction. Should special inspections be required they shall be coordinated through the applicant. L The foregoing notwithstanding, routine spot inspections by the engineering services director may be carried out without notice on all construction to ensure compliance with the approved improvement plans. During the on-site inspection process, if the engineering services director finds construction in progress which does not comply with the procedures, policies and requirements contained in this section or the approved improvement plans, he shall have the full Page 114 of 156 .. -" ... authority to issue a stop work order for the portion of the work not in compliance. If a stop work order is issued, it shall remain in full effect with respect to the defective work until such time as the documented discrepancies have been corrected to the full satisfaction of the engineering services director. ª"'!L Design modification. Deviations from the approved improvement plans due to field related conditions or circumstances shall be submitted via the applicant and approved by the County Manager or his designee. Initial contact with the County Manager or his designee may be by verbal contact whereby a County Manager or his designee's field representative may recommend approval to the DSD based on a field inspection of the deviation and based on its equivalency to the approved design. However, if required by the County Manager or his designee, a detailed written description of the proposed deviations or requested design modifications, the reasons for the deviations or modification, and revised improvement plans shall be submitted to the County Manager or his designee for approval. The County Manager or his designee may require written approval for specific deviations or modifications to be issued by him before construction of those items may commence. +-c 10. Measurements and tests. After construction, the applicant's professional engineer of record shall submit a report to the County Manager or his designee which documents the dates of inspection, all measurements, field tests, laboratory tests and observations required to be performed during the construction. &- 11.. Expiration. All required improvements associated with the construction and maintenance agreement shall be completed within 18 months from the date of recording of the final subdivision plat, or, if construction of required improvements is undertaken prior to recording the final subdivision plat, within 18 months from the date of approval of the final subdivision plat by the board of county commissioners. If improvements are not completed within the prescribed time period and a subdivision performance security has been submitted, the engineering review director may recommend to the board that it draw upon the subdivision performance security or otherwise cause the subdivision performance security to be used to complete the construction, repair, and maintenance of the required improvements. All of the required improvements shall receive final acceptance by the board of county commissioners within 36 months from the date of the original board approval. The developer may request a one-time, one- year extension to receive final acceptance of the improvements. Q.,. 12. County completion of required improvements. When a final subdivision plat has been recorded and the applicant fails to complete, repair, or maintain the required improvements as required by this section, the board of county commissioners may authorize and undertake completion, repair, and maintenance of the required improvements under the subdivision performance security provided by the applicant. If no sale of lots or issuance of building permits has occurred, the board of county commissioners may declare all approvals for the subdivision and all documents for the subdivision to be null and void; provided, any vacations of plat shall be in accordance with F.S. ch. 177. In such case, the board of county commissioners shall direct the County Manager or his designee to call upon the subdivision performance security to secure satisfactory completion, repair, and maintenance of the required improvements, to make his best efforts to restore the property to its predevelopment condition, or to otherwise take action to mitigate the consequences of the failure to complete, repair, or maintain the required improvements. Upon the completion of the required improvements, the County Manager or his designee shall report to the board of county commissioners and the board shall accept by resolution the dedication and maintenance responsibility as indicated on the final subdivision plat. In such case, the remaining subdivision performance security posted by the applicant shall be retained for the warranty period between preliminary and final acceptance in lieu of the required Page 115 of 156 * * * --~ .. maintenance agreement and subdivision performance secumy 10 provide funds for any repairs, maintenance, and defects occurring during this warranty period. 4-Q.,. 13. Failure to complete unrecorded subdivision, Where an applicant has elected to construct, install, and complete the required improvements prior to recordation of the final subdivision plat and fails to complete such improvements within the time limitations of this section, all approvals for the subdivision shall be null and void. No reference shall be made to the preliminary subdivision plat or the final subdivision plat with respect to the sale of lots or issuance of building permits, unless and until the preliminary and final subdivision plats have been resubmitted with all of the supplementary documents and material, and all approvals required in this section have been granted. Under these circumstances, the applicant shall be required to compensate the county through the payment of new review and inspection fees, as though the development were being submitted for its initial review and approval. * * * * * * * * * * * * C. Completion, approval and acceptance of required improvements * * * * * * * * * * * * 2. Acceptance of required improvements. Upon completion of all required improvements contained in the approved improvement plans, the required improvements shall be preliminarily approved by the county 3dminictrator manaaer or his designee. All water and sewer facilities approved and accepted in this fashion and required to be maintained by Collier County shall be conveyed to the county pursuant to the provisions set forth in Collier County Ordin3nco ~Jo, 88 76 Utilities Standards and Procedures Ordinance [Code ch, 134, art. III], as amended. A maintenance agreement and the posting of subdivision performance security for the maintenance of the required improvements shall be required prior to the preliminary approval of the completed required improvements. * * * * * * * * * * * * F. SIP Reauirements for the Nonconformina Mobile Home Park Overlav Subdistrict. 1. Pre-aoolication meetina reauirements. Prior to makina an application to submit an SIP. the property owner and/or aaent is reauired to have a pre-application meetina with Collier County plannina staff, Coordinatina this process will be the responsibilitv of the assianed planner who will establish a date for the meetina and will advise other review staff to attend the meetina. The owner of the property or aaent representina the owner shall brina to the meetina a survey plot plan showina the location of all buildinas and structures. and preferablv a draft plan showina the proposed lavout of buildinas and infrastructure improvements. The aDDlicant shall consult with the Immokalee Fire Department and the Immokalee Sewer and Water District prior to the pre-application meetina. Within 90 days after the pre-application meetina. the owner/aaent shall submit the SIP application and supportina documents. Failure to submit a formal SIP shall cause a citation to be issued to the property which may culminate in the reauirement to remove all buildinas and structures as provided above unless otherwise prohibited bv state law. 2. SIP submission reauirements. oreoaration standards and notes. a. An application for an SIP on a form prepared bv Collier County shall be sianed bv the owner or aaent of the property owner in the form of an affidavit as indicated on the application form. Page 116 of 156 - - . b. A survey plan showinQ all buildinas and structures. their uses and the actual size of the structures. c. A site improvement plan showina the proposed location of all buildinas. and all reauired infrastructure. drawn to scale on a 24" x 36" sheet(s) illustratina the followina information: i. Park name. address and phone number of aQent preparina the plan and address and phone number of the property owner. ii. Folio number(s) of property and total site area, iii. ZoninQ desianation and land use on subiect and adiacent property. iv. North arrow. scale and date. v. Landscapina. proposed and existina. vi. ParkinQ spaces. vii. Setbacks and space between buildina measurements. viii. Location and arranaement of inaress/earess points. ix. Tvpe of surface of all access roadways leadinQ to the park and within the park. x. Location of all structures in the park (units. office. accessory buildina. etc.) xi. Location of dumpster or trash container enclosure. xii. Location and heiaht of walls and/or fences. xiii. Where applicable. dimensions of lots. width of internal streets and desiQn cross-section of streets and drainaQe improvements. d. Plans do not have to be sianed and sealed bv a professional enQineer. however. plans must be prepared bv a person havina knowledQe of draftina skills and basic enaineerina construction standards which may include a paraprofessional associated with a professional enaineerinQ. architectural. landscaDe architectural firm or licensed contractor. e. Prior to approval of the SIP the county buildina inspector will identify all mobile homes not meetina minimum housina code standards and minimum floor area reauirements for mobile homes as defined in this Code. Those mobile home units that cannot be rehabilitated shall be removed within 12 months of the approval of the SIP unless prohibited bv law and shall be so indicated on the SIP. f. Mobile home units meetina the housina code and as defined in this Code may replace the units removed. provided the replacement units do not exceed the maximum number of units allowed on the oriainal SIP. a. The number of units approved on the SIP will be allowed to remain. except for those identified substandard units which must be removed in accordance with the timeframes referred to in section 10.02.05 F.2.e. above. so lona as the reauirements of the approved SIP are implemented and a buildina permit has been obtained for each unit. Page 117 of 156 .. h. A riaht-of-wav permit shall be reauired. This permit shall be obtained prior to approval of the SIP. A copv of same shall be submitted to the assianed planner. 3. LandscaDina: LandscaDe improvements shall be shown on the SIP. either separatelv or collectively on the same sheet as the site plan. Existina trees may be credited pursuant to section 4.06.04 D. of this code. a. The plan shall be prepared by a landscape architect. landscape desianer or landscape contractor or paraprofessional associated with such a firm and havina knowledae of Florida plant material and plantina reauirements. Landscape plans do not need to be sianed and sealed when prepared by a licensed landscape architect. b. LandscaDina reauirements are as follows: i. A ten-foot wide landscaDe buffer, with one sinale hedaerow and trees spaced 30 feet on center alona property lines abuttina a riaht-of-wav. ii. Trees spaced 50 feet on center alona internal boundary lines, iii. Permitted trees include live oak. sycamore. red maple. and sweet aum. Under electrical transmission lines, simpson stopper, maanolia. east Palatka holly. and dahoon holly trees are permitted. iv. Fixed irriaation systems which shall include two irriaation bubblers per tree. 4. Implementation time frame: The site improvement plan shall be implemented and park improvements shall be made in accordance with the followina timeline commencina from the date of SIP approval. Number of Lenath of time units/oroiect 10 or less 18 months 11 to 25 30 months 26 to 50 42 months more than 50 54 months a, Projects approved with an implementation timeline in excess of 18 months must be completed as a phased develoDment as identified below. Proiect # of Phases Phase Timelines Implementation Timeline 18 months 1 18 months 30 months ~ 18 months--First phase 30 months--Second phase 42 months ª 18 months--First phase 30 months--Second phase. 42 months-- Third ohase 54 months ~ 18 months--First phase Page 118 of 156 - 30 months--Second ohase 42 months-- Third ohase 54 months--Fourth ohase b. Buildina permits must be obtained for each unit when relocated and replaced within an approved park. otherwise the code enforcement action will proceed except as otherwise provided pursuant to section 10.02.05 F.2.e. SUBSECTION 3.CC. AMENDMENTS TO SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS Section 10.02.06 Submittal Requirements for Permits, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.06 Submittal Requirements for Permits J. Cultivated Tree Removal Permit. 1. Cultivated Tree Removal Permit. Cultivated Tree Removal Permits are required for the removal or relocation of anv tree or palm that has been installed bv man and is not part of a preserve. MovinQ a tree from one location to another shall not be considered removal; however. a permit shall be obtained. A maximum of 10 trees per five (5) vear period mav be removed with a Cultivated Tree Removal Permit. However. prohibited exotic tree removals are exempt from this requirement. except when thev have been used to meet minimum code landscapina standards. Naturallv occurrinq landscapes shall require a Veaetation Removal Permit: refer to section 10.02.06 C. In no instance shall a site fall below the current minimum landscape code standard. 2. Aoolicabilitv. The ProvIsions of this section are applicable to all development except for sinale familv home sites. However. such homes must maintain the minimum landscape code required trees per section 4,06.05. An owner, or an aqent of the owner mav applv for a permit. If the applicant is an aQent of the owner, a letter from the propertv owner indicatina that the owner has no rejection to the proposed tree removal shall be submitted with the application. 3. Criteria for removal of cultivated landscaoina. The Landscape Architect mav approve an application for veaetation removal based on the followina criteria: a. A tree can not be maintained bv proper canopv. root pruninQ or root barriers and has become a safetv hazard to pedestrian or vehicular traffic. utilities. or to an existina structure. b. A tree is Qrowina too close in proximitv to another tree(s) to permit normal arowth and development of the affected tree(s), c. Other public health and safetv circumstances as determined bv the countv landscape architect. Page 119 of 156 4, Aoolication reauirements. An application for Cultivated Tree Removal Permit shall be completed and submitted to the County Manaaer or his desianee. The application shall include the followina: a. Proof of ownership such as a warranty deed or tax statement. b. A site plan depictina the location of proposed trees to be removed. proposed replacement or relocated trees. buildinas. paved areas. structures and utilities. The County Manaaer or his desianee may require that said plans be prepared by a landscape architect reQistered in the State of Florida when the tree removal exceeds 10 trees. If the site plan does not provide sufficient information to determine which trees will be affected by the proposed tree removals. the County ManaQer or his desianee may require that a tree survey of the site be prepared and submitted to the County Manaaer or his desiQnee for review. c, A letter of approval of the tree removal from the Homeowner and or Master Association if applicable. d. Addressina Check List. 5. Permit conditions. The Landscape Architect shall issue a Cultivated Tree Removal Permit when the applicant for such permit has aareed to fulfill one (1) of the followina conditions: a. That the minimum code required tree. if transplanted. will be moved. established and maintained usina proper arboricultural and horticultural practices and as outlined in section 4.06.05 of the Code. b. That the minimum code required tree(s), if destroyed. be substituted with an equivalent replacement or replacements. approved by the county landscape Architect. planted on the site from which the destroyed tree(s) were removed. Sufficient space shall remain on the site allowina replacements to establish a mature canopy spread, based on usual Qrowth characteristics. SUBSECTION 3.DD. AMENDMENTS TO SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES Section 10.02.13 Planned Unit Development (PUD) Procedures, of Ordinance 04- 41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.13 Planned unit DEVELOPMENT (PUD) procedures. * * * * * * * * * * * * * E. Changes and amendments. 8. The County Manager or his designee shall also be authorized to allow minor changes to the PUD master plan during its subdivision improvements plan or site development plan process to accommodate topography, vegetation and other site conditions not identified or accounted for during its original submittal and review and when said changes have been determined to be compatible with adjacent land uses, have no impacts external to the site, existing or proposed, and is otherwise consistent with the provisions of this code and the growth management plan. Such changes shall include: Page 120 of 156 * ... d. Relocation or reconfiguration of lakes, ponds, or other water facilities subject to the submittal of revised water management plans, or approval of the environmont;)1 ad':icory board EAC where applicable. * * * * * * * * * * * * J, Planned unit develoDment districts aDDHcation Drocessina. An application for a planned development rezonina. amendment or chanae will be considered "open" when the determination of "sufficiencv" has been made and the application is assianed a petition processina number. An application for a planned development rezonina. amendment or chanae will be considered "closed" when the petitioner withdraws the subject application throuah written notice or ceases to supplv necessary information to continue processina or otherwise activelv pursue the rezonina, for a period of six months. An application deemed "closed" will not receive further processina and an application "closed" throuah inactivity shall be deemed withdrawn. The County Manaaer or his desianee will notify applicant of closure. however, failure to notify by the county shall not eliminate the "closed" status of a petition, An application deemed "closed" may be re-opened by submittina a new application. repayment of all application fees and arantina of a determination of "sufficiency". Further review of the proiect will be subiect to the then current code. K. Dedication of the DubHc facilities and develoDment of Drescribed amenities. 1. The board of county commissioners may. as a condition of approval and adoption of a PUD rezonina and in accordance with the approved master plan of development. reauire that suitable areas for streets. public riahts-of-way. schools. parks. and other public facilities be set aside. improved. and/or dedicated for public use. Where impact fees are levied for one or more reauired public facilities. the market value of the land set aside for the public purpose may be credited towards such impact fees to the extent authorized by the County's Consolidated Impact Fee Ordinance. Said credit shall be based on a neaotiated amount no areater than the market value of the set aside land prior to the rezonina action. as determined by an accredited appraiser from a list approved by Collier County. Said appraisal shall be submitted to the county attorney's office and the real property office within 90 days of the date of approval of the rezone, or as otherwise extended in writina by the county manaaer or his desianee. so as to establish the amount of any impact fee credits resultina from said dedication. Failure to provide said appraisal within this time frame shall automatically authorize the county to determine the market value of the set aside property. Impact fee credits shall only be effective after recordation of the document conveyina the dedicated property to Collier County. Where the term Collier County is used in this section. it shall be construed to include the Collier County Water and Sewer District or other aaency or dependent district of Collier County Government. 2, Land set aside and/or to be improved as committed in the PUD document. or master plan. as the case may be, shall be deeded or dedicated to Collier County within 90 days of receipt of notification by the county that the property is needed for certain pendina public improvements or as otherwise approved by the board of county commissioners durina the PUD rezonina approval process. In any case. however. the county shall take title to the set aside property. at the latest. by a date certain established durina. and conditioned on. the approval of the PUD zonina. At no cost to the county. the land set aside and/or to be improved shall be made free and clear of all liens. encumbrances and improvements. except as otherwise approved by the board. Failure to convey the deed or complete the dedication within the appropriate time frame noted above may result in a recommendation to the board for consideration of rezonina the subiect parcel from its current PUD zonina district to an appropriate zonina Page 121 of 156 - district and may result in a yiolation of this Code pursuant to subsection 8.08,00 B. 3. Should said dedication of land also include aareed upon improvements. said improvements shall be completed and accepted by the Collier County Board of Commissioners at the development phase which has infrastructure improvements available to the parcel of land upon which said improvements are to be made. or at a specified time provided for within the PUD document. L. Common open space or common facílíties. Any common open space or common facilities established bY an adopted master plan of development for a PUD district shall be subiect to the followina: 1. The PUD shall provide for and establish an oraanization for the ownership and maintenance of any common open space and/or common facilities. and such orqanization shall not be dissolved nor shall it dispose of any common open space or common facilities. by sale or otherwise. except to an orqanization conceived and established to own and maintain the common open space or common facilities. However. the conditions of transfer shall conform to the adopted PUD master plan. 2. In the event that the oraanization established to own and maintain common open space or common facilities. or any successor oraanization. shall at any time after the establishment of the PUD fail to meet conditions in accordance with the adopted PUD master plan of development. the development services director may serve written notice upon such oraanization and/or the owners or residents of the planned unit development and hold a public hearinq. If deficiencies of maintenance are not corrected within 30 days after such notice and hearina. the development services director shall call upon any public or private aaency to maintain the common open space for a period of one year. When the development services director determines that the subiect oraanization is not prepared or able to maintain the common open space or common facilities. such public or private aaency shall continue maintenance for yearly periods. 3. The cost of such maintenance by such aaency shall be assessed proportionally aqainst the properties within the PUD that have a riaht of enjoyment of the common open space or common facilities and shall become a lien on said properties. SUBSECTION 3.EE. AMENDMENTS TO SECTION 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD Section 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, the EAC, and the Historic Preservation Board, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, the EAC, and the Historic Preservation Board * * * * * * * * * * * * * Page 122 of 156 .... -. " B. Notice and public hearing where proposed amendment would change zoning classification of land and for conditional uses and variances. for planned unit development (PUOJ rezonina extensions. In the case of an application for extension of PUD zonina status or the rezoning of land, to include rezonings, conditional uses and variances initiated by other than the board of county commissioners or amendments to planned unit developments, such provisions shall be enacted or amended pursuant to the following public notice and hearing requirements by the planning commission and the board of county commissioners. PUD extensions. Rezoning, conditional use and variance petitions initiated by the board of county commissioners or its agencies for county owned land shall be subject to these provisions, 1. Applications for a PUD extension. whether initiated by the ADDlicant or the BCC. shall only be heard by the BCC pursuant to the notice and advertisina requirements set forth in sections 10.03.05 B.8, and 9. of this code. 2. In the case of PUD extensions pursuant to sections 10,02.13 CA.. 10.02.13 C.5.a. and 10.02.13 C.6. of this code. a sian shall be posted at least 15 days prior to the date of the hearinq before the BCC and shall conform to the applicable sian requirements listed in subsections 3.c.. 3,d.. 4 and 5 below. 4-:- 3. A sign shall be posted at least 15 days prior to the date of the public hearing by the planning commission. The sign to be posted shall contain substantially the following language and the sign's copy shall utilize the total area of the sign: a. PUBLIC HEARING TO REZONE THIS PROPERTY: FROM TO TO PERMIT: DATE: TIME: (or where applicable the following:) b, PUBLIC HEARING REQUESTING CONDITIONAL USE (VARIANCE) APPROVAL (both to contain the following information:) TO PERMIT: (Sufficiently clear to describe the project) DATE: TIME: TO BE HELD IN COMMISSIONERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER. c. The sian advisinq of the PUD extension hearina shall be in substantiallY the followinq format: PUBLIC HEARING FOR A PLANNED UNIT DEVELOPMENT (PUD) EXTENSION TO PERMIT: BCC) (set forth alternatives qoina to the DATE: TIME: Page 123 of 156 .. ALL OF THE ABOVE TO BE HELD IN COMMISSIONERS MEETING ROOM. COLLIER COUNTY GOVERNMENT CENTER. HARMON TURNER BUILDING. 3301 E. TAMIAMI TRAIL. NAPLES. FLORIDA. 34112. d. The area of the signs shall be as follows: a,. i. For properties less than one acre in size, the sign shall measure at least one and one-half square feet in area. Ð,. ii. For properties one acre or more in size, the sign shall measure at least 32 square feet in area. 6- 4. In the case of signs located on properties less than one acre in size, a sign shall be erected by the County Manager or his designee in full view of the public on each street side of the subject property. Where the property for which approval is sought is landlocked or for some other reason the signs cannot be posted directly on the subject property, then the sign or signs shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property. ð,. 5. In the case of signs located on properties one acre or more in size, the applicant shall be responsible for erecting the required sign(s). A sign shall be erected in full view of the public on each street upon which the subject property has frontage. Where the subject property is landlocked, or for some other reason the signs cannot be posted directly on the property, then the sign or signs shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property. There shall be at least one sign on each external boundary which fronts upon a street, however, in the case of external boundaries along a street with greater frontages than 1,320 linear feet, signs shall be placed equidistant from one another with a maximum spacing of 1,000 linear feet, except that in no case shall the number of signs along an exterior boundary fronting on a street exceed four signs. The applicant shall provide evidence to the pl::mning £OIvioee> department County Manaaer or his desianee that the sign(s) were erected by furnishing photographs of the sign(s) showing the date of their erection at least ten days prior to the scheduled public hearing by the planning commission, whichever has jurisdiction. The signs shall remain in place until the date of either of the following occurrences: 1. Final action is taken by the board of county commissioners or 2. The receipt of written notification by the planning e>ervioe£ department direotor County Manaqer or his desianee from the applicant requesting to withdraw the petition or requesting its indefinite continuance. 4.,. §.. The planning commission shall hold one advertised public hearing. Notice of the time and place of the public hearing by the planning commission shall be sent at least 15 days in advance of the hearing by mail to the owner of the subject property or his designated agent or attorney, if any. ð,. L Notice of the time and place of the public hearing by the planning commission shall be advertised in a newspaper of general circulation in the county at least one time at least 15 days prior to the public hearing. Where applicable, the notice shall clearly describe the proposed land uses, applicable development standards, intensity or density in terms of total floor area of commercial or industrial space and dwelling units per acre for residential projects, and a description of the institutional or recreational uses when part of the development strategy. The advertisement shall also include a location map that Page 124 of 156 .. identifies the approximate geographic location of the subject property. &:. 8. For subject properties located within the urban designated area of the future land use element of the growth management plan, notice of the time and place of the public hearing by the planning commission shall be sent by the county twice. The first notice shall be sent no less than 30 days after the receipt of a sufficient application by the planning services dopartmont County Manaaer or his desianee. The second notice shall be sent at least 15 days in advance of the hearing. Both notices shall be sent by mail to all owners of property within 500 feet of the property lines of the land for which an approval is sought; provided, however, that where the land for which the approval is sought is part of, or adjacent to, land owned by the same person, the 500 foot distance shall be measured from the boundaries of the entire ownership or PUD, except that notice need not be mailed to any property owner located more than one-half mile (2,640 feet) from the subject property. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. +-c 9. For subject properties located within areas of the future land use element of the growth management plan that are not designated urban, all of the foregoing notice requirements apply, except that written notification must be sent to all property owners within 1,000 linear feet of the subject property. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have formally requested the county to be notified, &. 10, Notice of the time and place of the public hearing by the board of county commissioners shall be advertised in a newspaper of general circulation in the county at least one time at least 15 days prior to the public hearing. g,. 1L. The clerk to the board of county commissioners shall notify by mail each real property owner whose land is subject to rezoning, or PUD amendment, and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed ordinance or resolution. Such notice shall be given at least 15 days prior to the date set for the public hearing, and a copy of such notices shall be kept available for public inspection during the regular business hours of the clerk to the board of county commissioners. 4.(h 12. The board of county commissioners shall hold one advertised public hearing on the proposed ordinance or resolution and may, upon the conclusion of the hearing, immediately adopt the ordinance or resolution. C. Development of Reaionallmpact (DR/) Procedures. 1. Purpose. The purpose of this section is to set forth the reauirements for the establishment of ORis. the amendment of DRI development orders and the abandonment of ORis. 2. Notice of Plannina Commission Hearina. a. Sianaae. The sianaae reauirements advertisina Collier County Plannina Commission hearinas shall be as set forth in subsections 10.03.05 B,3. throuah B.5. of this code. The reauired sian shall be in substantiallv the followina format: Page 125 of 156 .a ... - PUBLIC HEARING REQUESTING DEVELOPMENT OF REGIONAL IMPACT APPROVAL/AMENDMENT OF A DRI DEVELOPMENT ORDER/ABANDONMENT OF DRI STATUS (select applicable option) TO PERMIT: (Sufficientlv clear to describe the proiect) DATE: TIME: TO BE HELD IN THE BCC MEETING ROOM. COLLIER COUNTY GOVERNMENT CENTER. HARMON TURNER BUILDING. 3301 E. TAMIAMI TRAIL. NAPLES. FLORIDA. 34112. b. Notice to ProlJertv Owners. The individual notice to property owners for the Collier County Plannina Commission hearina shall be as set forth in subsections 10.03.05 B.6.. 10.03.05 B.8.. and 10.03.05 B.9. of this code. c. NewslJalJer advertisement. The reauirements for the newspaper advertisement of the Collier County Plannina Commission hearina shall be as set forth in subsection 10.03.05 B.7. of this code. 3. Plannina Commission Hearina. The Plannina Commission shall hold one advertised public hearina on the proposed establishment of the DR!. amendment of DRI development order or abandonment of DRI development order. as the case may be. 4. Notice of BCC Hearina. a. Notice to ProlJertv Owners. The individual notice to property owners shall be as set forth in subsection 10.03.05 B.11. of this code. b. NewslJalJer advertisement. The reauirements for the newspaper advertisements of the BCC hearina shall be as set forth in subsection 10.03.05 B.1 O. of this code and subsection 380.06 (11 ). Florida Statutes. as may be amended. 5. BCC Hearina. The BCC shall hold one advertised public hearina on the proposed establishment of the DR!. amendment of DRI development order. or abandonment of DRI development order. as the case may be. Upon conclusion of the hearina. the BCC may immediatelv adopt the resolution approvina the establishment of the DR!. amendment of DRI development order. or abandonment of DRI development order, as the case may be. 6. Statutory Reauirements. All statutory reauirements as set forth in subsections 380,06 (9) throuah (12). 380.06 (19) and 380.06 (26). Florida Statutes. as may be amended. toaether with the implementina reaulations applicable to ORis set forth in the Florida Administrative Code shall applv, ~ D. Notice and public hearing where proposed amendment initiated by the board of county commissioners would change the zoning map designation of a parcel or parcels of land involving less than ten contiguous acres of land. In cases in which the proposed comprehensive rezoning action, including but not limited to those provided for in the Zoning Reevaluation Ordinance (90-23) [Code ch. 106, art. II], initiated by the board of county commissioners or its designee involves less than ten contiguous acres of land [such provisions] shall be enacted or amended pursuant to the following public notice and hearing requirements by the planning commission and the board of county commissioners. Page 126 of 156 * * * - -- - * * * * * * * * * * * * g,. g.. Notice and public hearing requirements where proposed amendment initiated by the board of county commissioners would change the zoning map designation of a parcel or parcels involving ten contiguous acres or more of land in the county or would change the actual list of permitted, conditional, or prohibited uses of land within a zoning category. Ordinances or resolutions initiated by the board of county commissioners which propose to change to the zoning map designation of a parcel or parcels of land involving ten acres or more of land, or which changes the actual list of permitted, conditional or prohibited uses of land within a zoning category shall be enacted or amended pursuant to the following minimum public notice and hearing requirements: * * * * * * * * * * * * ~ E. Public participation requirements for rezonings, PUD amendments, conditional uses, variances or parking exemptions. 1. Applicants requesting a rezoning, PUD amendment, or conditional use approval must conduct at least one Neighborhood Informational Meeting ("NIM") after initial staff review and comment on the application and before the Public Hearing is scheduled with the Planning Commission. The appropriate number of staff reviews of the application returned before the NIM can be held will be at the discretion of the County Manager or his designee, only in cases where one or two pending reviews are unnecessarily hindering the applicant from presenting the proposal to the public. Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the county pursuant to section 10.02.12 G 10.03.05 B. above. Notification shall also be sent to property owners, condominium and civic associations whose members are impacted by the proposed land use changes and who have formally requested the county to be notified. A list of such organizations must be provided and maintained by the county, but the applicant must bear the responsibility of insuring that all parties are notified. A copy of the list of all parties noticed as required above, and the date, time, and location of the meeting, must be furnished to the planning EorvicoE dopartmont County Manaaer or his desianee and the office of the board of county commissioners no less than ten days prior to the scheduled date of the neighborhood informational meeting. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must further cause a display advertisement, one-fourth page, in type no smaller than 12 point and must not be placed in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The advertisement is to be placed within a newspaper of general circulation in the county at least seven days prior to, but no sooner than five days before, the neighborhood informational meeting. The Collier County staff planner assigned to attend the pre-application meeting, or designee, must also attend the neighborhood informational meeting and shall serve as the facilitator of the meeting, however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and to provide a copy of same to the planning EorvicOG dopartmont County Manaaer or his desianee. * * * * * * * * * * * * Page 127 of 156 * * * * - F-:- G. Planning commission hearing and report to the board of county commissioners. * * * * * * * * * * * * G:- .!:L. Nature of requirements of planning commission report. When pertaining to the rezoning of land, the report and recommendations of the planning commission to the board of county commissioners required in 10.02.12 D, shall show that the planning commission has studied and considered the proposed change in relation to the following, when applicable: * * * * * * * * * * * * f:h.1. Adequate public facilities. The petitioner may provide all required existing community and public facilities and services for the requested rezone needs in anyone of the following manners: * * * * * * * * * * * * h J. Other proposed amendments. When pertaining to other proposed amendments of these zoning regulations, the planning commission shall consider and study: * * * * * * * * * * * * .J.,. K. Restrictions, stipulations and safeguards. The planning commission may recommend that a petition to amend, supplement or establish a zoning district be approved subject to stipulations, including, but not limited to limiting the use of the property to certain uses provided for in the requested zoning district. The governing body, after receiving the recommendation from the planning commission on a request to amend, supplement or establish a zoning district, may grant or deny such amendment or supplement and may make the granting conditional upon such restrictions, stipulations and safeguards as it may deem necessary to ensure compliance with the intent and purposes of the growth management plan. .1. Restrictions, stipulations and safeguards attached to an amendment, supplement, or establishment of a zoning district may include, but are not limited to those necessary to protect adjacent or nearby landowners from any deleterious effects from the full impact of any permitted uses, limitations more restrictive than those generally applying to the district regarding density, height, connection to central water and sewer systems and stipulations requiring that development take place in accordance with a specific site plan. The maximum density permissible or permitted in a zoning district within the urban designated area shall not exceed the density permissible under the density rating system, The board of county commissioners shall be required to condition and limit the density of a zoning district to a density not to exceed the maximum density permissible under the density rating system. The governing body may also stipulate that the development take place within a given period of time after which time public hearings will be initiated and the district returned to the original designation or such other district as determined appropriate by the governing body in accordance with the growth management plan and sections 10.02.12 D. and 10.02.08 L. Any restrictions, stipulations and safeguards attached to an amendment or rezoning including those identified in section 10.02.08 H. may be indicated on the official zoning atlas in a manner deemed by the county to be appropriate and informative to the public. In cases where stipulations, restrictions or safeguards are attached, all representations of the owner or his agents at public hearings shall be deemed contractual and may be enforced by suit for injunction or other appropriate relief. All conditions, restrictions, stipulations and safeguards which are a condition to the granting of the change in zoning district shall be deemed contractual and may be enforced by suit for injunction or other appropriate relief, All costs, including reasonable attorney's fees shall be awarded to the Page 128 of 156 * - governmental unit if it prevails in such suit. ~ 2. Dedication of public facilities and development of prescribed amenities. a. Public facility dedication. The board of county commissioners may, as a condition of approval and adoption of the rezoning required that suitable areas for streets, public rights-of-way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use. Where impact fees are levied for one or more such public facilities, the market value of the land set aside for the public purpose shall be credited towards impact fees to the extent authorized by the County's Consolidated Impact Fee Ordinance. Said credit shall be based on a negotiated amount not greater than the market value of the set aside land prior to the rezoning action, as determined by an accredited appraiser from a list approved by Collier County. Said appraisal shall be submitted to the county attorney's office and the real property office within 90 days of the date of approval of the rezone, or as otherwise extended in writing by Collier County, so as to establish the amount of any impact fee credits resulting from said dedication. Failure to provide said appraisal within this 90-day time frame shall automatically authorize the county to determine the market value of the property. Impact fee credits shall only be effective after recordation of the conveyance document conveying the dedicated property to Collier County. Where the term Collier County is used in this section, it shall be construed to include the Collier County Water and Sewer District or other agency or dependant district of Collier County Government. b. land set aside and/or to be improved as committed as part of the rezoning approval shall be deeded or dedicated to Collier County within 90 days of receipt of notification by the county that the property is needed for certain pending public improvements or as otherwise approved by the board of county commissioners during the rezoning approval process. In any case, however, the county shall take title to the set aside property, at the latest, by a date certain established during, and condition on, the approval of the rezoning action. At no cost to the county, the land set aside and/or to be improved shall be made free and clear of all liens, encumbrances and improvements, at the developer's sole expense, except as otherwise approved by the board. Failure to deed the land or complete the dedication within the 90 day appropriate time frame noted above may result in a recommendation to the board of for consideration of rezoning the subject parcel from its current zoning district to an appropriate zoning district and may in a violation of this Code pursuant to section 8.08.00. c. Should the dedication of land also include agreed upon improvements, said improvements shall be completed and accepted by Collier County Board of Commissioners at the development phase which has infrastructure improvements available to the parcel of land upon which said improvements are to be made, or at a specified time provided for within the ordinance approving the rezone, K,. .b Status of planning commission report and recommendations. The report and recommendations of the planning commission required by section 10.02.08 D. through H, shall be advisory only and not be binding upon the board of county commissioners. * b M. Board of county commissioners: action on planning commission report. * * * * * * * * * * * Page 129 of 156 * * - M-.!:i Failure of board of county commissioners to act. If a planning commission recommendation is not legislatively decided within 90 days of the date of closing of the public hearing by the board of county commissioners, the application upon which the report and recommendation is based shall be deemed to have been denied, provided that board of county commissioners may refer the application to the planning commission for further study. N:- O. Limitations on the rezoning of property. * * * * * * * * * * * * Q.,. P. Applications for rezones to a specific use. The applicant for any rezoning application may, at his or her option, propose a specific use or ranges of uses permitted under the zoning classification for which application has been made. As a condition of approval of such proposal, the development of the property which was the subject of the rezoning application shall be restricted to the approved use or range of uses. Any proposed addition to the approved use or range of uses shall require resubmittal of a rezoning application for the subject property, p.,. Q. Waiver of time limits. The time limits of (N) above may be waived by three affirmative votes of the board of county commissioners when such action is deemed necessary to prevent injustice or to facilitate the proper development of Collier County. ~ R. Site development plan time limits. Approved final site development plans (SOPs) only remain valid and in force for two years from the date of approval unless construction has commenced as specified in section 10.02.03 of this Code. If no development, i.e., actual construction, has commenced within two years, measured from the date of such site development plan approval, the site development plan approval term expires and the SOP, is of no force or effect; however, one amendment to the SOP, may be approved, prior to the expiration date, which would allow the SOP as amended to remain valid for two years measured from the date of approval of the amendment so long as the proposed amendment complies with the requirements of the then existing code. Once construction has commenced, the approval term will be determined by the provisions of section 10.02.03 of this Code. R-:- S. Rezoning application processing time. An application for a rezoning, amendment or change will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. An application for a rezoning, amendment or change will be considered "closed" when the petitioner withdraws the subject application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of six months. An application deemed "closed" will not receive further processing and shall be withdrawn. An application "closed" through inactivity shall be deemed withdrawn. The planning Gervicm: departmont County Manaaer or his desianee will notify the applicant of closure, however, failure to notify by the county shall not eliminate the "closed" status of a petition. An application deemed "closed" may be re-opened by submission of a new application, repayment of all application fees and the grant of a determination of "sufficiency". Further review of the request will be subject to the then current code. * * * * * * * * * * * * SUBSECTION 3.FF. AMENDMENTS TO APPENDIX A STANDARD LEGAL DOCUMENTS FOR BONDING OF REQUIRED IMPROVEMENTS Page 130 of 156 - Appendix A Standard Legal Documents for Bonding of Required Improvements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: APPENDIX A STANDARD liG^l PERFORMANCE SECURITY DOCUMENTS FOR 80NDING OF REQUIRED IMPROVEMENTS The following specimen forms are to be used as a guide te for preparation of bonding instruments which will be submitted to the Collier County a.!2oard of GCommissioners for guaranteeing the completion of required improvements with respect to this GCode. Adherence to the forms will assure an expeditious review by the eDevelopment s§ervices eDepartment and the Collier County aðttorney's eOffice. Deviation in substance or form from the suggested specimen forms may result in a substantial delay or disapproval of the bonding provisions for the fRequired ilmprovements by the eDevelopment s§ervices eDepartment or the GCounty aðttorney's eOffice. These specimen forms may be revised from time to time by resolution of the a.!2oard of GCounty GCommissioners. IRREVOCABLE STANDBY LETTER OF CREDIT NO. (insert issuer's identifying number) ISSUER: (insert full name.. aM 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 Offioe of the County Attorney, Collier County Courthouso Complex Enaineerina Review Services. 2800 North Horseshoe Drive, Naples, Florida 34104. AMOUNT: $ (insert dollar amount) (U.S.) up to an aggregate thereof. CREDIT AVAILABLE WITH: Issuer. BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "(insert name of Applicant) has failed to construct and/or maintain the improvements associated with that certain plat of a subdivision known as (insert name of subdivision) or a final inspection satisfactory to Collier County has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary." DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under (insert name of Issuer) Credit No. (insert Issuer's number identifying this Letter of Credit), dated (insert original date of issue.)" The original Letter of Credit and all amendments, if any, must be presented for proper endorsement. This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to any document, instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Page 131 of 156 - Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this Credit will be duly honored by Issuer if presented within the validity of this Credit. This Credit is subject to the Uniform Customs and Practice for Documentary Credits (~ 1993 Revision) International Chamber of Commerce Publication No. 400 500. ~f I~~. ,~~\ By: _ (insert title of corporate officer must be signed by President, Vice President or Chief _ ,....rr·~' (Name of Issuer) Bv: Printed Name/Title (President. Vice President. or CEO) (Provide proper Evidence of Authoritv) Page 132 of 156 ~ PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that (NAME OF OWNER) (ADDRESS OF OWNER) (hereinafter referred to as "Owner") and (NAME OF SURETY) (ADDRESS/TELEPHONE NUMBER OF SURETY) (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period"). NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements, PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this day of (Ownor'f> witnof>f> :md f>ignaturo block) (Surety's witnof>f> and f>ignature blocl,,) (notary and aoknm,..lodgmont for both Ownor and Surety roquirod) WITNESSES: (Owner Name and Title if Corporation) Bv: Printed Name Printed Name/Title (Provide Proper Evidence of Authoritv) Page 133 of 156 .. Printed Name ACKNOWLEDGMENT STATE OF COUNTY OF THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF .20 . BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME. OR HAS PROCUCED AS IDENTIFICATION. Notary Public - State of (SEAL) Printed Name WITNESSES: (Surety Name and Title if Corporation) By: Printed Name Printed Name/Title (Provide Proper Evidence of Authority) Printed Name ACKNOWLEDGMENT STATE OF COUNTY OF THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF . 20 . BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME. OR HAS PROCUCED AS IDENTIFICATION, Notary Public - State of (SEAL) Printed Name Page 134 of 156 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"). RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: B, The subdivision will include certain improvements which are required by Collier County ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by , a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement, the "Required Improvements" are limited to those described in the Estimate. C. Sections 10.02.05 fCJ and 10.02.04 of the Collier County Subdivision Code Division of the Unified Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. Lender has entered into a construction loan agreement with Developer dated . Account No. (the "Construction Loan") to fund the cost of the Required Improvements. E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is $ , and this amount represents 110% of the Developer's engineer's estimate of the construction costs for the Required Improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer, the Board and the Lender do hereby covenant and agree as follows: 1. Developer will cause the water, sewer, roads, drainage and like facilities, the Required Improvements, to be constructed pursuant to specifications that have been approved by the Development Services Director within months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Lender to hold $ Loan, in escrow, pursuant to the terms of this Agreement. from the Construction 3. Lender agrees to hold in escrow $ from the Construction Loan, to be disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement shall not constitute a draw against the Construction Loan fund, but that only such funds as are actually disbursed, whether pursuant to this Agreement or a provision of the Construction Loan, shall accrue interest. 4. The escrowed funds shall be released to the Developer only upon written approval of the Development Services Director who shall approve the release of the funds on deposit not more than once a month to the Developer, in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work costs less ten percent (10%); and further, that upon completion of the work, the Development Services Director shall approve the release of any remainder of escrowed funds except to the extent of $ which shall remain in escrow as a Developer guaranty of maintenance of the Required Improvements for a minimum period of one (1) year pursuant to Paragraph 10 of the Agreement. However, in the event that Developer shall fail to comply with the requirements of this Agreement, then the Lender agrees to pay to the County immediately upon demand the balance of the funds held in escrow by the Lender, as of the date of the demand, provided that upon payment of such balance to the County, the County will have executed and delivered to the Lender in exchange for such funds a statement to be signed by the Development Services Director to the effect that: (a) Developer for more than sixty (60) days after written notification of such failure has failed to comply with the requirements of this agreement; Page 135 of 156 - (b) The County, or its authorized agent, will complete the work called for under the terms of the above-mentioned contract or will complete such portion of such work as the County, in its sole discretion shall deem necessary in the public interest to the extent of the funds then held in escrow; (c) The escrow funds drawn down by the County shall be used for construction of the Required Improvements, engineering, legal and contingent costs and expenses, and to offset any damages, either direct or consequential, which the County may sustain on account of the failure of the Developer to carry out and execute the above-mentioned development work; and, (d) The County will promptly repay to the Lender any portion of the funds drawn down and not expended in completion of the said development work, 5. Written notice to the Lender by the County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the Lender for release of onlv those tAe specified funds to the Developer, Payment by the Lender to the Developer of the amounts specified in a letter of authorization by the County to the Lender shall constitute a release by the County and Developer of the Lender for the specified funds disbursed in accordance with the letter of authorization from the County. 6. The Required Improvements shall not be considered complete for preliminary approval until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Subdivision Regulations. 7, The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the Required Improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 8. Should the funds held in escrow be insufficient to complete the Required Improvements, the Board, after duly considering the public interest, may at its option complete the Required Improvements and resort to any and all legal remedies against the Developer, 9. Nothing in this Agreement shall make the Lender liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provision§; provided, that the Lender does not release any monies to the Developer or to any other person except as stated in this Escrow Agreement.,. to include closina the account. or disbursina any funds from the account without first reauestina and receivinq written approval from the County. 10. The Developer shall maintain all Required Improvement for one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer and upon submission of a written request for inspection, the Development Services Director shall inspect the Required Improvements and, if found to be still in compliance with the Code as reflected by final approval by the Board, the Lender's responsibility to the Board under this Agreement is terminated. The Developer's responsibility for maintenance of the Required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 11. All of the terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the Developer and the Lender. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this _ day of 20_. [=' ~~~ I [Develop., Nome] AND DE~IVERE~ IN THE PRESENCE ~ Page 136 of 156 - Cu. Printed or Printed or ~ - -' "I~_- T, ._.J "',___ - Printed or T..__-' .., rl c, ' .....- . Printed or Printed or =-- I\.I~_- =-- "',--- - Printed or T.-._ _- -' .., ATTEST: DWIGHT BO/\RD OF E. BROCK, CLERK COUNTY _ Doputy Clerk COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Ch:Jirman Approved as to form and legal sufficiency: - .. - SIGNED IN THE PRESENCE OF: (Name of Entitv) h - Printed Name Print Name/Title (President. VP, or CEO) (Provide Proper Evidence of Authoritv) - Printed Name ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Bv: Deputv Clerk h , Chairman Approved as to form and leaal sufficiency: Assistant County Attornev Page 137 of 156 -- 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: 1. Developer will cause to be constructed: within months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $ which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director, After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. Page 138 of 156 - 7, Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete, Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are ang 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, SEALED [Do':eloper Name] AND DELIVERED IN THE PRESENCE Q.P.:. D,.. Printod or Printed or ::::-- "'I~- T,,~~,, II.I~.......~ Title Printed or ::::-- "'I~.......~ ATTEST: DWIGHT BO/\RD OF E. BROCK, CLERK COUNTY _ Deputy Clerk COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Chairman /\ppro'/ed a& to form and legal sufficiency: _ r"'. ... SIGNED IN THE PRESENCE OF: (Name of Entitv) Bv: Printed Name/Title (President. VP. or CEO) (Provide Proper Evidence of Authoritv) - Printed Name Page 139 of 156 - Printed Name ATTEST: DWIGHT E. BROCK. CLERK By: Deputy Clerk Approyed as to form and leaal sufficiency: Assistant County Attorney - BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ~ . Chairman Page 140 of 156 CONSTRUCTION AND MAINTEN!'-NCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS OF COMMUNITY DEVELOPMENT DISTRICTS THIS CONSTRUCTION AND M/\INTENANCE AGREEMENT FOR SUBDI'.'ISION IMPROVEMENTS OF COMMUNITY DEVELOPMENT DISTRICTS (this "!\groomont") is enterod into this d~y of , 20 by and among , an indepondent speoi31 distriot ~nd body politic of the State of Florida (the "Die:triot"), (the "Dovoloper") and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA (tho "Bo~rd"). ' RECIT.^,LS: A. Simultaneoue:ly horowith, tho DO':elopor hae: applied for Board approval of that oort~in plat of tho e:ubdi':ie:ion to be knO'.·.(n ae: (the "Plat"). B. Chaptors <I and 10 of tho Collior County L~nd Dovelopmont Code (the "Codo") requiree: the DiGtriot and tho Dovolopor to provido oortain guaranteos to the Board in oonnootion with tho oone:truotion of the impro'/ements roquirod by the Plat. C. The DiEtriot and the Doveloper dOGire to provido the roquired guar~nteoe: to the Board heroby. NOVIl, THEREFORE, in oone:ideration of tho forogoing promiGee: and tho mutual oovenante: horeinafter set forth, tho Die:triot, the Dovoloper and tho Board do heroby covonant and agree ae: follows: OPER¡'-TIVE PROVISIONS: 1. Required tfflpro·lf)fflents. Tho Distriot will caUGO to bo oonstruotod: (collectivoly, tho "Roquired Improvements"). Subjoot to Paragraph J horoof, tho Requirod ImprovomontG will be oonstructed ·....ithin thirty e:ix (J6) months from the dato that the Board ~pprovee: the Plat. 2. Secu...ity for Requ!.":od ,!fflfJ({)Vf)fflents. .'\ oone:truotion fund (the "Construotion Fund") hae: beon ostabliGhod by rosolution of tho Distriot adopted on , 19/20 (oircle one) (the "Bond Rosolution") from whioh tho oost of construction of tho Required Improvoments e:hall bo paid. Tho Cone:truotion Fund shall bo held in tho cue:tody of a bond true:tee (the "True:too"). Proooods of bonde: authorizod to be issuod by tho Die:trict pursuant to the Bond Rosolution shall bo dopoe:ited, ~t a minimum, in tho Construotion Fund as followe:: $ for oosts of the Roquired ImprovomentG (the "Cone:truotion ¡'-mount") and $ represonting ten percont (10%) of tho Com:truction Amount (tho "Roe:erve .A,mount"). Tho Resorve Amount e:h~1I bo rotainod ~s ~ rOGervo in the Cone:truction Fund pursuant to Par~graph 5 horoof, In ~ddition to tho forogoing, proceods of the Bonds shall bo deposited with the True:teo to bo hold ae: capitalized intoroe:t and ·:thich, together with intoroe:t earned on tho Bond proooode: dopositod in the Construotion Fund, e:hall be suffioient to pay intoroe:t on tho Bonds during the ( ) month poriod following tho ise:uanco thoroof. In addition, proooeds of tho Bonde: shall bo depoe:ited with the Trustee in tho Debt Sorvioe Reserve Acoount ostablie:hod by tho Bond Resolution in ~n amount e:uffioiont to pay approxim~tely ( ) monthe: of dobt servioo on tho Bonds. Thero e:h~1I bo e:uffioient monios in tho cone:truotion fund to oone:truct the roquirod improvemonte: and all othor improvomontE authorized by tho Bond Ree:olution, as woll as to fund tho ReGorve Amount. J. Const...uotion of Requi...ef1 fmpro·lf)fflents. (a) Annexod heroto and made a part heroof ae: Exhibit ^ is a ConGtruotion Sohedulo rolating to tho Roquirod Improvomonts (the "ConGtruotion Schedule"). The Distriot Ghall oommonce oonstruotion of tho Roquirod Improvemonts 'Nithin ( ) days follo·.\'ing '",ritten construotion appro':al to tho Distriot from tho Dovelopment ServicoE Dopartmont and tho iSEuanoe, salo and dolivory of tho Bonds (tho "Commenoomont Period"). Tho Die:triot will pure:uo oonstruotion of the Roquirod Improvemonte: to substantial oompletion 'Nithin ( ) months follo'lling tho ond of tho Commonooment Poriod (tho "Construotion Poriod"). Page 141 of 156 - (b) In tho ovont tho Di~trict fail~ to: (i) commence oonstruotion of the Requirod Improvomont~ within tho Commonoomont Poriod; or (ii) eubstantially oompleto conetruction of tho Roquirod Impro'/omonte prior to tho oxpiration of tho Conetruction Poriod, upon writton notice to DQI,:olopor by tho Board, Dovolopor shall immodiatoly booomo rosponeiblo for tho construotion of tho Roquirod Improvomonts. Tho obligation to conetruct tho Roquirod Impro'/omonts within tho Construotion Poriod shall bo a joint obligation of both tho District and tho Dovolopor. -1. ÐO'/fJ,Iopff/eAt SOrliGOÐ DireGtor's PrfJ!iminafY AGÐÐßtanco of ROGfl:Jirod ImproVfJff/cJnts. Tho De':olopmont sorvicos Diroctor shall not oone;idor tho Roquirod Improvomonte; comploto until a statemont of oomplotion by tho Die;trict'(j or Dovolopor'Ð com~ulting onginoore;, togothor with tho final projoct rocords rolatod thoroto, havo boon furnie;hod for roviow and approval to tho Dovolopmont Sorvicos Diroctor of Collior County, Florida (tho "Diroctor") for complianco with tho Codo. Within ~ixty (60) day~ of rooeipt of tho statement of oompletion from the Distriot, tho Diroctor shall oither (a) notify tho DiGtriot or Devolopor, in writing, of its preliminary accoptanoo of the Roquired ImprovomontE; or (b) notify the Die;trict or Devolopor, in writing, of hie; rofue;al to proliminarily aooopt tho Requirod Improvemente, therowith speoifying thoEe conditione; that the Die;triot or Doveloper must fulfill in order to obtain the Dovolopment Servicos Direotor's Preliminary I\coeptanoo of tho Requirod Improvomonts. In no event e;hall tho Board rofuEe Proliminary I\oooptanoo of the Requirod Improvomente if thoy aro oonEtruoted and eubmittod for approval in aooordanco 'Nith tho roquiremonte; of this Agroement. 5. MaintonanÐo ::md ROÐe,'VfJ /lff/ount. Tho DiEtriot or Devolopor, as tho Gage may bo, Ehall maintain all Roquirod ImprovomontE for a minimum of one yoar aftor proliminary approval by tho Dovolopment Sorvicee; Dirootor. After tho one yoar maintonanoe period by tho DiEtriot or Dovelopor and upon Eubmise;ion of a writton roquoet for ine;pection, tho Dovolopment Sorvioe£: Direotor or hi£: dOEignoe £:hall in£:poct the Roquirod ImprovemontE and, if found to bo still in compliance with the Code shall rooommond approval to the Board. Tho DiEtriot or Developor'E re£:pon£:ibility f-or maintenanoe of tho Requirod Improvoment~ shall oontinue unloss or until tho Board acoopt£: maintenance rOEponsibility for tho County. Sume; oqual to tho Roserve /\mount shall bo maintained by the True;too on depoEit in tho Con£:truotion Fund until the final approval of the Requirod Improvomonts. The Board shall reflect its aoknowlodgment of Euoh finding by notifying tho DiEtriot, in '.vriting, of it£: final approval of the Required ImprovomontE, Upon roceipt of notice of suoh final approval, tho Di£:trict Ehall no longor be roquired undor thiE Agroement to maintain tho ROGorve Amount on dopoEit in the ConEtruotion Fund. In tho event that during the in£:poction the Diroctor findE that all or some portion of tho Roquirod ImprovomentE aro not in complianoo '.vith the Codo, the Direotor shall promptly Epocify, in writing, to the DiEtriot thoso defioienoioE that must bo correoted in order to bring the Roquired ImprovomontE into compliance '¡"lith the Code. Tho Di£:trict Ehall apply the Re~orvo I\mount to paymont of tho oo£:t of oorreoting Euoh defioioncios. In the e'/ent the DiEtriot faile to pursue suoh corroctive aotion, tho Doveloper shall bring tho Roquirod Improvement~ into compliance with tho Code. Upon corrootion of the Epeoified deficienoies and written notice thereof, the Director shall gain inspoct the Required Improvemonts and, if found to be in compliance with the Codo, ~hall submit suoh findingE to tho Board for its final approval thoroof. 6. Piat Rocorfi3t:on. The partio~ aoknowledgoE that thi~ Agroement iE a "Con~truction and Maintenance I\groemont of Subdivision Improvements" within the meaning of, and mooting the roquiromont~ e~tablishod by, DiviEion 3,2.9 of the Codo. Tho partio£: acknowledgo and agree that following tho Board'£: approval of the Plat: a. Tho DO'.'olopor ~hall not bo ontitlod to rocord the Plat until tho Board rocoivos: (1) Written notice from tho Trusteo that sum~ at 10aEt oqual to tho ConEtruction .^,mount and Resorvo Amount aro on depo~it in tho Construotion Fund (tho "Tru£:tee Notico"); (2) VVritten notico from Di~trict and tho Trusteo that: (a) Tho projoot for which bond procoed~ havo boon recei'.'ed by DiEtriot inoludes tho Roquired Improvomontc; (b) Suoh Bond proooeds aro Euffioient to finanoe tho Requirod Improvomonts ac well as all othor impro'.'omontE to be finanoed by tho Bonde (oollectively "tho Projeot") and to fund the Page 142 of 156 - Rosorvo I\mount. The Trus:teo's reproGontation that fLlnde; aro sufficiont to financo tho Projoct for ,,:hich Bond procoeds ha'/o boon recoivod as \/.'011 as: to fund tho Roserve Amount is basod upon tho District Enginoor's ostimation of construction costs '.vhich is: attachod horoto and incorporatod horoin; and (c) Tho Projoct cannot bo amondod or changod without tho cons:ont of the Board (tho "Project Notico"); (ð) 1\ roprosont3tion and '.varranty from tho District that all govornmontal pormits to onablo tho Dis:trict to commonco construction of tho Requirod Impro':omonts havo beon obtainod ("Pormit W3rranty"); and b. Upon rocoipt by [of] tho Board of tho Trus:too Notico, Projoct Notico and tho Pormit \Narranty, Dovelopor shall bo ontitlod to rocord tho Plat without furthor condition, other than paymont of any rolatod rocording foos os:tablishod by 3pplicablo law and tho oxocution of tho Plat by 311 roquirod partiol:::. 7. U:;¡ÉJi!ity. Tho County s:hall have no liability wh3ts:ooyor to tho bond holdorG. Noithor the onforcomont of tho torms of this Agreomont by tho County nor tho failure to enforco such torms: sh311 cr03to any liability whatsoovor to tho bond holdors, tho District, or tho Dovoloper. Any dis:cloGuro dooumont propared by tho Distriot or Dovolopor in tho offering of s:uoh Bonds shall provido 3 s:tatomont as doscribod abovo relating to the lack of 1i3bility of tho County. 8. MisGo!klAOO/;/S. .A,II of tho torms, covenants and conditions horoin containod aro, and s:hall bo, binding upon tho rOGpoctive s:uccos:s:ors and m~Gigns: of tho DiGtrict, Dovolopor and Board. By oxocution bolow, tho Trustoo shall ovidonco its acknowlodgmont of 3nd as:E:ont to tho matters: addross:od horein. Any notico, domand, roquost or instrumont 3uthorizod or required to bo givon or mado horeby s:hall bo doomod to havo boon givon or modo whon Gent by cortifiod m3il, return recoipt requestod, to tho appropri3to party 3t thoir address sot forth bolo'N: To tho District: ....- ~I... ...... To tho Board: c/o County Managor Collior County Go'/ornmont Centor 3301 East Tamiami Trail Naples, Florida 33962 With a Copy to: Collior County I\ttornoy Collior County Govornmont Contor ðð01 East T3miami Trail N3plos, Florida 33962 To tho Trus:too: IN VVITNESS 'f/HEREOF, tho Dis:trict, tho Devolopor and tho Board havo c3usod this Agroomont to bo oxocutod by thoir duly authorizod reprosontati'/os as of this day of 20 SIGNED, SEALED DISTRICT: - /'-ND DELIVERED IN THE PRESENCE QF.;. /\TTEST: Dis:trict By: _ Its: _ -=--- Witnos:s: DEVELOPER: DEVELOPER: VVitness: n. . ~ =T. Page 143 of 156 ATTEST: DWIGHT BO/\RD: BOARD E. BROCK, Clork OF COUNTY By:_ COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Chairman Approvod De: to form and Logal Co ... . _ County Au I\ckno'lllodgod and ae:e:onted to: - ae: True:too undor tho within montioned Bond Roe:olution By: _ Ite:: _ Dato: Page 144 of 156 ~ CONSTRUCTION /\ND MAINTEN/\NCE /\GREEMENT FOR SUBDlmlON IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION AND M/\INTENANCE AGREEMENT FOR SUBDIVISON IMPROVEMENTS PRIOR TO RECORDING OF PLAT AGREEMENT ontered into thiG day of , 20 bot'Noon horoinaftor reforred to as "Dovolopor," and the Board of County Commissionors of Collior County, Florida, horoinaftor reforrod to [1(: tho "Board." RECIT/\LS: 1. Dovolopor h[l(:, simultanoouGly with the dolivory of thic /\groomont, appliod for tho approval by tho Board of a cortain pbt of a subdivision to bo kno'l.'n as: 2. Divicion 3,2 of tho Collior County Land Dovolopmont Codo allows tho Devolopor to construct tho improvemontG roquirod by said subdi':ision rogulations prior to recording tho final plat. NOVII, THEREFORE, in concidoration of tho forogoing promises and mutual covonantc heroinaftor Got forth, Dovolopor and tho BO::Jrd do heroby covonant and agreo as follows: 1, Dovolopor '....ill cause to be conGtructod: within months from tho date of approval of Gaid subdivision plat, said impro'Jomonts horeinaftor reforrod to as tho roquirod impro'Jomonts. 2. Dovolopor horowith agroos to construot said improvomonts prior to rocording s::Jid subdivision plat and the Board of County Commissionors Ðhall not ::Jpprovo tho plat for recording until said improvoments havo beon complotod. 3. Upon complotion of said improvomonts, tho Dovolopor shall tondor its subdivision porformance Gecurity in tho amount of $ v:hich roprosonts ton porcont of tho tot::J1 oontraot cost to comploto construotion. Upon rocoipt of said subdivision perform::Jnco socurity by tho Dovolopmont Sorvioos Diroctor, tho Dovolopor m::JY requoGt tho Board of County Commissionors to approvo the subdivision plat f-or rooording and grant proliminary approval of Gaid plat. 1. Tho roquirod improvomonts shall not bo considored comploto until a st::Jtomont of cubstantial complotion by Dovolopor's onginoor along with tho final projoct records h::Jvo boon furnishod to be roviowod and ::Jpprovod by tho Dovolopmont Sorviom; Diroctor for complianco with tho Collior County L::Jnd Dovolopmont Code. 5. Tho Devolopmont Sorvicos Director shall, within sixty (60) days of recoipt of tho ct::Jtomont of substantial complotion, oithor: a) notify tho Dovolopor in writing of his proliminary ::Jppro':al of tho improvomonts; or b) notify tho Dovolopor in '.witing of hie rofusal to approvo tho improvomonts, thorowith spooifying thoso conditions 'Nhich tho dovolopor must fulfill in ordor to obtain tho Diroctor's appro':::J1 of tho improvomonts. Howovor, in no evont ahall tho Dovolopmont Sorvicos Dirootor rofuso proliminary approval of tho improvomonts if thoy ::Jre in fact constructed and submittod for approval inn accordanco with tho requiromonts of this /\groomont. 6. Tho Dovolopor shall m::Jintain all roquired improvomonts for a minimum poriod of one yoar aftor proliminary appro'lal by tho De'/olopmont Sorvicoc Dirootor. /\ftor tho one yoar maintonanco poriod by tho Dovolopor has torminated, tho Do':olopor chall potition tho Developmont Sorvicos Diroctor to inspoct tho roquirod improvemonts. Tho Dovolopmont Sorvicos Diroctor or his designoe chall inspoot tho improvomonts and, if found to bo still in complianco with tho Collior County Land Dovolopmont Codo ac rofloctod by final approval by tho Board, tho Board chall reloaso the ton porcent subdivision porformanco soourity. Tho Dovolopor'c rOGponsibility for maintonance of tho required improvomonts shall continuo unloss or until tho Board accopts m::Jintonanco rOGponGibility for tho County. 7. In tho ovont tho Doveloper ahall fail or nogloct to fulfill its obligation undor this Agreomont, upon cortification of Guch failuro, tho County Administrator may oall upon tho subdivision porformanco Geourity to socuro catisIDctory complotion, repair and maintonanco of tho required improvomonts. Tho Board shall hœ:o tho right to construct and maintain, or Page 145 of 156 oauso to bo oonstruotod and maintainod, pursuant to public advortisomont and roceipt of aocoptanco of bids, tho improvomonts roquired horein. Tho Do'.'olopor, as prinoipal under tho subdivision porformanoo socurity, shall bo liablo to pay and to indomnify the 80ard, upon complotion of Euoh oonEtruction, tho final total oost to the 80ard thoroof, inoluding, but not limitod to, onginooring, logal and oontingont oosts, togother with any damagos, oithor diroot or oonsoquontial, whioh tho 80ard may sustain on aooount of tho failure of tho Do'/olopor to fulfill all of the provisions of thiE /\groemont. 8. 1\11 of tho torms, oovonants and oonditions horoin oontained aro and shall bo biding upon tho Do'.'olopor and tho roEpooti'lo EUOOOEEorE and assigns of tho do'.'olopor. IN WITNESS 'f/HEREOF, tho 80ard and tho Dovolopor havo oauGod thiE I\groomont to bo oxoouted by thoir duly authorizod roprosontativoE thiE day of , 20 VVitnossoE to ( ontity) me'w/olopor Namo) Dovolopor 8y: _ -- (printod namo and I~ VVitnesses to ( ontitv) Londor (Londor Namo) By: _ (printod __ __--J" £:.,_, ATTEST: DWIGHT BO/\RD OF E. BROCK, CLERK COUNTY - COMMISSIONERS - OF COLLIER COUNTY, FLORID.^. By: Chairman /\pprovod as to form and logal suffioionoy: A - SUBSECTION 3.GG. AMENDMENTS TO APPENDIX C FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION Appendix C Final Subdivision Plat, Required Certifications and Suggested Text and Formats for Other Required Information, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: APPENDIX C FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORM/\TS FOR OTHER REQUIRED INFORM/\TION APPENDIX C FINAL SUBDIVISION PLAT. REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION (See LDC section 10.02.04 for applicable, specific provisions) The following text and format are intended as a guide for proparors preparation of those platting materials required to be submitted to reviewing authorities, including the f3.E.roject fReview s§.ervices aDepartment, ~Utilities aDivision, GCounty RHealth aDepartment, eCounty a8ttorney and the èªoard of GCounty eCommissioners. Adherence to this format and text will substantially expedite review. Substantial deviation in substance or form from the suggested text and format may result in delay or disapproval of the submitted plat. SURVEYOR'S CERTIFIC.^,TE SURVEYOR'S CERTIFICATE Page 146 of 156 - ...1 I ::I:f~I::~r I ¡ Iss The undercigned hereby certifiec that this plat 'Nas prepared by me er under my supervision and that the depicted survey data complies with all of the requirements of Chapter 177, Part I, Florida Statutes. Permanent reference monuments will be set prior to the recording of this plat and permanent control pointc and lot cornert:: will be set prior to final acceptance of roquirod improvementc. I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED FROM A BOUNDARY SURVEY OF THE PROPERTY PERFORMED BY ME. OR UNDER MY SUPERVISION. AS PROVIDED IN CHAPTER 177,041 FLORIDA STATUTES AND THAT THIS PLAT COMPLIES WITH ALL THE REQUIREMENTS OF CHAPTER 177. PART 1. AS AMENDED. FLORIDA STATUTES. IT IS FURTHER CERTIFIED THAT ALL PERMANENT REFERENCE MONUMENTS WILL BE SET PRIOR TO THE RECORDING OF THIS PLAT AND THAT THE PERMANENT CONTROL POINTS AND LOT CORNERS WILL BE SET PRIOR TO FINAL ACCEPTANCE OF THE REQUIRED IMPROVEMENTS. 'r~\ I . I Florida Profocsional Land Surveyor No. Date I (siqnature) (TYPED OR PRINTED NAME HERE) Include Florida Professional Land Surveyor No. DATE COUNTY COMMISSION APPROVAL COUNTY CI::;~~:~~OV[ I SS STATE OF FLORIDA COUNTY OF COLLIER This plat approved for recording in a regular open meeting by the Board of County Commict::ionerc of Collier County, Florida, this day of , 20 A.D., provided that the plat is filed in the office of the Clerk of the Circuit Court of Collier County, Florida. THIS PLAT APPROVED FOR RECORDING IN A REGULAR OPEN MEETING BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. THIS DAY OF .20, PROVIDED THAT THE PLAT IS FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF COLLIER COUNTY. FLORIDA. __' Clerk _ Chairman, Board of County Commiscionero Collier County, Florida DWIGHT E. BROCK CLERK OF CIRCUIT COURT IN AND FOR COLLIER COUNTY (Name of Chairman), CHAIRMAN BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FILING RECORD FILING RECORD I hereby certify that this plat has been examined by me and that it complies in form with the requirementc, of Chapter 177, Florida Statutet::. I further certify that caid plat wac filed for record at (a.m. or p.m,) this day of ,20 , A.D. and duly recorded in Plat Book Page(c) , inclusive, of the Publio Records of Collier County, Florida. I HEREBY CERTIFY THAT THIS PLAT HAS BEEN EXAMINED BY ME AND THAT IT COMPLIES IN FORM WITH THE REQUIREMENTS. OF CHAPTER 177. FLORIDA STATUTES, I FURTHER CERTIFY THAT SAID PLAT WAS FILED FOR RECORD AT Page 147 of 156 - (a.m. or p.m.) THIS DAY OF DULY RECORDED IN PLAT BOOK PAGE(S) THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. I ,Clork By: , 20 , AND , INCLUSIVE, OF DWIGHT E. BROCK CLERK OF CIRCUIT COURT IN AND FOR COLLIER COUNTY ENGINEERING SERVICES ENGINEERING REVIEW SERVICES Thi& Plat approvod by the Engineering RO'lio'.... Sorvices Soction of tho Community Do':olopmont Di'lision of Collior County, Florida this day of ,20; A.D.. THIS PLAT APPROVED BY THE ENGINEERING SERVICES DEPARTMENT OF THE COMMUNITY DEVELOPMENT DIVISION OF COLLIER COUNTY. FLORIDA THIS DAY OF , 20 I Diroõt~~g~~~~ng:'~~~~I~~~CO& (TYPED NAME) ENGINEERING SERVICES DIRECTOR/COUNTY ENGINEER COLLIER COUNTY, FLORIDA COUNTY ATTORNEY COUNTY I\TTORNEY This Plat approved by the Collier County I\ttornoy this day of 20 .^..D. THIS PLAT APPROVED BY THE COLLIER COUNTY ATTORNEY THIS ,20 DAY OF I-¡;-- ;~lIior County I . .ttorn (TYPED NAME) ASSISTANT COUNTY ATTORNEY DEDIC^ TIONS DEDICATION~:I~I::r I! STATE OF FLORIDA COUNTY OF COLLIER 188 KNO'j\f ALL MEN BY THESE PRESENTS that lands doscribod horoon, hO'JO causod this plat ontitlod modo and do horoby: KNOW ALL MEN BY THESE PRESENTS THAT (OWNER(S)) , THE OWNER(S) OF THE LANDS DESCRIBED HEREON. HAVE CAUSED THIS PLAT ENTITLED (NAME OF SUBDIVISION) TO BE MADE AND DO HEREBY: (o'....nor(s)), tho ownor(s) of (namo of subdivision) to bo ^ . ... Dodicato to Collier County or tho public: 1. Tho rights of ':IfJ.y or dopictod stroots, roads, or ingross & egress easomonts as shown horoon for tho purposo of access, ingro&s 8- ogroGG and any othor purpoGos shO'.1!.'n. 2. l\ny tracts or oasomonts intonded to bo convoyed to tho public for such purposes as thoy may bo requirod, Lo., canal rights of wayJoasomonts, drainago or stormwator managoment oasomontG. B. To Collior County '¡Vator Se'....er District or any othor applicablo ontity: Lo., Page 148 of 156 ... Immokaloo VVater Sowor District, etc.: 1. all water and se'Ner utility facilities constructed within this platted area, upon acceptance of the impro':ements required by the applicable land development regulations. 2. To Collier County '.^later SO'.\'er District (or any other applicable entity: Le., Immokalee 'Nater Sev.'Or District, etc.) indicated. C. Dedicate te the insert appropriate entity name(s) home/property/lot ownem' association, or to any other lawfully existing entity, 'Nhich must have the pm"/er or authority to perform the obligation to maintain being dedicated, along '."lith the responsibility for such maintenance: 1. Private road rights of '/ID.y, 2. Drainage or stormvmter management easements, 3. Landscape buffer easements, 4. Lake maintenance 8aGements, 5. Access easements, 6. Or any other similar easement or tract intended to be dedicated for a set purpose(s) Such tracts or easements must be dedicated to a homeO'.'Vner's association or to any other lawfully existing entity 'I.'hich has or would hO'.'e at the time of final plat recording the power or authority to perform the obligation to maintain, along with the responsibility for such maintenance. D. A non exclusive public utility easement (P.U.E.) to all licensed or franchised public or private utilities as c:hown on this plat for public utility purposes, including construction, installation, maintenance, and operation of their respective facilities, including cable televic:ion services, provided that such uses be subject to, and not inconsistent with, the use by the Collier County VVater Sm":er District. In the event a cable company damages the facilities of another public utility it will be Golely reGponsible for said damageG. A. DEDICATE TO THE (insert homeowners' association or leaal entity) 1. Private road riahts-of-way. as follows: TRACT "R" AS A PRIVATE ROAD RIGHT-OF-WAY (R.O.W.) (insert street name) SUBJECT TO THE EASEMENTS DEPICTED HEREON (insert easements: Le.. R.O,W.. C.U.E..P.U.E.. D,E.. etc.) WITH RESPONSIBILITY FOR MAINTENANCE. 2. Drainaae or stormwater manaaement easements as follows: ALL DRAINAGE EASEMENTS (D.E.) FOR STORMWATER MANAGEMENT PURPOSES WITH RESPONSIBILITY FOR MAINTENANCE. 3. Landscape buffer easements as follows: ALL LANDSCAPE BUFFER EASEMENTS (L.B.E.) WITH RESPONSIBILITY FOR MAINTENANCE. 4. Lake maintenance easements as follows: ALL LAKE MAINTENANCE EASEMENTS WITH RESPONSIBILITY FOR MAINTENANCE. 5. Access easements as follows: ALL ACCESS EASMENTS WITH RESPONSIBILITY FOR MAINTENANCE. 6. Or any other similar easement or tract intended to be dedicated for a Page 149 of 156 -- set purpose. or purposes. 7. All conservation/preserve areas/easements as follows: ALL (CONSERVATION or PRESERVE) (TRACTS or EASEMENTS) ARE DEDICATED AS COMMON AREAS WITH PERPETUAL RESPONSIBIL TY FOR MAINTENANCE. THE (CONSERVATION or PRESERVE) (TRACTS or EASEMENTS) MAY IN NO WAY BE ALTERED FROM THEIR NATURAL OR PERMITTED STATE. ACTIVITIES PROHIBITED WITHIN THE (CONSERVATION or PRESERVE) AREAS INCLUDE. BUT ARE NOT LIMITED TO. CONSTRUCTION OR PLACING OF BUILDINGS ON OR ABOVE THE GROUND: DUMPING OR PLACING SOIL OR OTHER SUBSTANCES SUCH AS TRASH: REMOVAL OR DESTRUCTION OF TREES. SHRUBS. OR OTHER VEGETATION WITH THE EXCEPTION OF EXOTIC/NUISANCE VEGETATION REMOVAL: EXCAVATION. DREDGING OR REMOVAL OF SOIL MATERIAL DIKING OR FENCING: ANY OTHER ACTIVITIES DETRIMENTAL TO DRAINAGE: FLOOD CONTROL. WATER CONSERVATION. EROSION CONTROL. OR FISH AND WILDLIFE HABITAT CONSERVATION OR PRESERVATION. Such tracts. or easements must be dedicated to a homeowners' association. or to any other lawfully existina entity which has. or would have at the time of final plat recordina. the power or authority to perform the obliaation to maintain. alonq with the responsibility for such maintenance. B. DEDICATE TO COLLIER COUNTY: 1. The public riahts-of-way (insert name) or depicted streets. roads. or access. as follows: TRACT "A" AS A PUBLIC ROAD RIGHT-OF-WAY (RO,W.) SUBJECT TO THE EASEMENTS DEDICATED AND DEPICTED HEREON (list all ROW easements) WHICH EASEMENTS ARE SUBORDINATE TO. AND MAY NOT BE USED INCONSISTENT WITH. THE USE OF THE RIGHTS-OF-WAY BY COLLIER COUNTY FOR ROADWAY PURPOSES INCLUDING. BUT NOT LIMITED TO. PAVEMENT. ROADWAY DRAINAGE. BIKE LANES. SIDEWALKS. AND PATHWAYS, ALL (CONSERVATION or PRESERVE) (TRACTS or EASEMENTS) WITHOUT RESPONSIBIL TY FOR MAINTENANCE AND SUBJECT TO THE CONDITIONS OF THE DEDICATION IN PARAGRAPH A. 7. (name of appropriate paraaraph) ABOVE. 2. Any tracts or easements intended to be conveyed to the public for such purposes as they may be required. i.e.. canal riqhts-of- way/easements. drainaae or storm water manaqement easements. preserve/conservation areas/easements. etc.. to include. but not be limited to the followina examples: ALL DRAINAGE EASEMENTS (D.E.) WITHOUT RESPONSIBILITY FOR MAINTENANCE. ALL LAKE MAINTENANCE EASEMENTS (L.M.E.) WITHOUT RESPONSIBILITY FOR MAINTENANCE. C. DEDICATE To THE Collier County Water-Sewer District ror any other applicable entity: i.e.. Immokalee Water-Sewer District. etc.l: 1. All County Utility Easements (C.U.E.s) for the purposes of utility installation. construction. operation. or maintenance. includina the riqht of access to perform any such purpose. 2. All interim water and sewer utility facilities constructed within this platted area. upon acceptance of those interim utility facilities pursuant to the applicable County requlations. includina those set forth in the Code of Laws and Ordinances. Chapter 134. Page 150 of 156 - D. DEDICATE A NON-EXCLUSIVE PUBLIC UTILITY EASEMENT (P.U.E.) TO ALL LICENSED OR FRANCHISED PUBLIC OR PRIVATE UTILITIES AS SHOWN ON THIS PLAT FOR PUBLIC UTILITY PURPOSES. INCLUDING CONSTRUCTION. INSTALLATION. MAINTENANCE. AND OPERATION OF THEIR RESPECTIVE FACILITIES. INCLUDING CABLE TELEVISION SERVICES. PROVIDED THAT SUCH USES BE SUBJECT TO. AND NOT INCONSISTENT WITH. THE USE BY THE COLLIER COUNTY WATER- SEWER DISTRICT. IN THE EVENT A CABLE COMPANY DAMAGES THE FACILITIES OF ANOTHER PUBLIC UTILITY IT WILL BE SOLELY RESPONSIBLE FOR SAID DAMAGES, E. Resorvo to tho (stato :::Ippropri:::lta owner entity'c) n:::lme(s)): E. RESERVE TO THE (appropriate owner entity(s) name(s)): 1. fj,any tracts intended for "Future Development," or being retained for other stated, specific and allowed purposes. BE SURE TO PROVIDE A SEPARATE ACKNOWLEDGMENT FOR EACH OWNER I ~JESSES: -I BY:_ WITNESSES: (NAME OF ENTITY) By: PRINTED NAME (TYPED NAME/TITLE OF OWNER) (Include proper evidence of authority) PRINTED NAME ACKNOWLEDGMENT STATE OF COUNTY OF THE FOREGOING DEDICATIONS WERE ACKNOWLEDGED BEFORE ME THIS DAY OF . 2004. BY (NAME OF PERSON MAKING ACKNOWLEDGMENT) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME. OR HAS PROCUCED AS IDENTIFICATION. NOTARY PUBLIC - STATE OF (SEAL) PRINTED NAME ACKNOVVLEDGMENT All dedications and consents are to be executed and acknowledged in accordance with the applicable sections of Chapters 689 and 692 of the Florida Statutes. WAIVER AND RELEASE NOTE: On , of 20 tho o'Nner(s) oxocuting tho Dodication, ac the holdorc of rooord titlo or othor cpooifiod interests, oxproscly waivod :::Ind roloacod tho County from :::Iny cbims of '/osted rights and oquitable ostoppol pertaining to tho iSÐu:::lnoo of a Cortifio:::lto of Public Faoility Adoquaoy in aooordanoo '."lith Collior County. Page 151 of 156 -- PLEASE NOTE: AT THE APPLICANT'S DISCRETION, MORTGAGEE'S CONSENTS AND ACKNOWLEDGMENTS IN SUBSTANTIALLY THE FOLLOWING FORM MAY BE PROVIDED AS A SEPARATE INSTRUMENT AS SET FORTH IN § 177,081(2), F.S., ADDITIONAL RECORDING FEES MAY BE REQUIRED IF SUCH SEPARATE CONSENTS ARE PROVIDED. MORTGAGEE'S CONSENT MORTGAGEE'S CONSENT STATE OF t FLORIDA t COUNTY OF t COLLIER STATE OF COUNTY OF (mortgagee), 3uthorizod to transaot business in tho Stato of Florida, hereby oortifios that it iE: tho holdor of a mortgago upon tho horein describod proporty aE: rooorded on O.R. Book , Pago of tho Publio Rooords of Collior County, and doos horeby join in and oonE:ont to tho dodioation of tho proporty by tho ownor, and agrees that its mortgago shall bo E:ubordinatod to tho dodioationE: shown horoon. (mortaaaee) ,AUTHORIZED TO TRANSACT BUSINESS IN THE STATE OF FLORIDA, HEREBY CERTIFIES THAT IT IS THE HOLDER OF A MORTGAGE UPON THE HEREIN DESCRIBED PROPERTY AS RECORDED IN O.R. BOOK . PAGE OF THE PUBLIC RECORDS OF COLLIER COUNTY, AND DOES HEREBY JOIN IN AND CONSENT TO THE DEDICATION OF THE PROPERTY BY THE OWNER, AND AGREES THAT ITS MORTGAGE SHALL BE SUBORDINATED TO THE DEDICATIONS SHOWN HEREON. ~~~~ TITLE (NAME OF ENTITY) (sianature) (TYPED NAME AND TITLE) ACKNOWLEDGMENT STATE OF COUNTY OF THE FOREGOING MORTGAGEE'S CONSENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 2004. BY (NAME OF PERSON MAKING ACKNOWLEDGMENT) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME. OR HAS PROCUCED AS IDENTIFICATION. NOTARY PUBLIC - STATE OF PRINTED NAME (SEAL) All dedications and consents are to be executed and acknowledged in accordance with the applicable sections of Chapters 689 and 692 of the Florida Statutes. BE SURE TO PROVIDE A SEPARATE ACKNOWLEDGMENT FOR EACH MORTGAGE Page 152 of 156 - SUBSECTION 3.HH. AMENDMENTS TO APPENDIX H Lm:/CJDC COMPARATIVE TABLES Appendix H LDC/UDC Comparative Tables, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: APPENDIX H - LDC/UDC COMPARATIVE TABLES The tables contained in this Appendix provide a detailed cross-reference between the sections of the LDC in effect prior to the September 27, 2001 October 18. 2004, effective date, and the LDC sections thereafter in effect on that date. The documents are broken down into Articles, which was the format of the LDC prior to the September 27,2001 October 18. 2004, effective date. The LDC has been revised into a Chapter format as of the September 27th, 2004 October 18. 2004 date. The contents of this Appendix are as follows: Article 1 - General Provisions Article 2 - Zoning Article 3 - Development Requirements Article 4 - Impact Fees Article 5 - Decision-Making and Administrative Bodies Article 6 - Definitions * * * * * * * * * * * * * ARTICLE 2- ZONING LDC LDC LDC Sub- UDC Chapter UDC Section Other Notes Division Section section * * * * * * * * * * * * * ss. 2.2,21. - Chapter 2 2.03.07 - Overlay § 2.2.27. created 2.2.~28. Zoning Districts by Supp, 16 (Ord. 2.2.27. in Chapter 03-27), revised in 4 4.08.00 Supp. 18 (Ord. 04-08 ) 2.2.29 2.2.29.1. - Chapter 2 2.03.07 G.6. 2. 2.2.29.3. - Chapter 10 10.02.05 F. Section created 4. and in Cvcle 2. 2004 2.2,29.5. (2) after the LDC and (6) recodification. 2,2,29.5. Chapter 4 4.02.33 (1). (3). (4) and (5) ss. 2.2.30. NRPA-2.03.08 C Revised in Supp. Page 153 of 156 - (NRPA) & 18 (Ord. 04-08) 2.2.31. NBMO - 2.03.08 (NBMO) D * * * * * * * * * * * * * 2.4.4. Chapter 4 4.06.05 - §. 2.4.4. General revised in Landscape Supp. 17 (Ord. Requirements 03-55) 2.4.4.14. Chaoter 4 4,06.04 D. Sub-section Chapter 4 4.06.01 - 2.4.4.16. Generally * * * * * * * * * * * * * 2.6.30. Chapter ~ 1 2,OJ.06 & 2,04.00 4.07.06 2.6.31. Relocated to Code of Laws & Ord. 2.6.32. Chapter 4 4.02.01 - Dimensional Standards 2.6.33. Throughout Temporary Use Chapter 5 - Process in see below 10.02.06 G Sub-section Chapter 5 5.03.05 - Revised in 2.6.33,3. Caretaker... & Supplement 16 5,04.03 - (Ord, 03-27) Temporary Uses... Sub-section Chapter 5 5,04.04 - Model 2.6.33.4. Homes,.. Sub- Chapter 5 5.04.05 - sections Temporary 2.6.33.6. - Events 2.6.33.9. Sub-section Chapter 5 5.06.06 - Sign Added in 2.6.33.10. Standards for Supplement 18 Specific (Ordinance 04- Situations 08) 2.6.34. Chapter 5 5.04.06 - Annual (see Beach Events alsoAoox. G Permit 2.6.35, Chapter 5 5.05.09 - Revised in Communication Supp. 18 (Ord. Towers 04-08 ) 2.6.36. Chapter 5 5.05.07 - Townhouse. . . 2.6.37. Chapter 4 4.01.02 - Revised in Kitchens in Supp. 18 (Ord. Dwellinq Units 04-08) 2.6.39. Chapter 2 2.03.07 - Overlay Added in Supp, TDRs Zoning Districts 18 (Ord. 04- 08), 2.6.40. Chapter 2 2.05.02 - Density Added in Supp. Density Blending 18 (Ord. 04-08) Blendinq 2.7. Portions revised in Page 154 of 156 - Supp,16 (Ord. 03-27) 2.7,1. This section is not needed and is not included in the UDC. 2.7.2. 2.7.2,1. & Chapter 10 10.03.05 Notioo Revised in 2.7.2.2. Roquiromentc., . Supp.17 (Ord. 10.02.08 - 03-55) Submittal Renuirements 2.7.2.3. - Chapter 10 10.03.05 - Notice Revised in 2.7.2.16. Reauirements.. . SUPp,17 (Ord. 03-55) 2.7.3. Chapter 10 10.02.~ ~- Revised in PUD Procedures Supp. 17 (Ord. 03-55) and § 2.7.3.5. revised in Supp. 18 (Ord. 04-08) 2.7.4, Chapter 10 10.08.00 - Sec. 2.7.4.9. Conditional Use revised in Procedures Supplement 18 (Ordinance 04- 08) 2.7.5. Chapter 9 9.04.00 - Variances 2.7.6. Chapter 10 10.02.06 - Submittal. . . 2,7.7. Chapter 2 2.06.00 - AHDB Revised in Supp.17 (Ord. 03-55) 2,8, Chapter 5 All in Portions of Div. § 5.05.08 - 2.8. were Architectural carried over Standards, into Div. 2.4. by EXCEPT Supp. 17 (Ord. 2.8.3,3.2. 4.06.02 C 03-55) SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be Page 155 of 156 ... renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATES This Ordinance shall become effective upon filing with the Department of State, PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 10th day of November, 2004. ATTEST: DWI~HT'~~.BRQCK, CLERK co~ssró~ ?;>..". ',: .6~.¡:.~- ~,,~~,"~~'~;. t., '~;':' BOARD OF COUNTY OF COLLIER COUNTY, FLORIDA 12~ d~ DO NA FIALA, CHAIRMAN By: Patrick G. ite Assistant County Attorney Page 156 of 156 - STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2004-72 Which was adopted by the Board of County Commissioners on the lOth day of November 2004, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 17th day of November, 2004. " "G . 'J-. Þ" ~1':"1~ 'wi {JJ I. ~',;...\ ....... \.~(r,~ DWIGHT E. BROCf\-··..··· ....'...~~.. Clerk of cou:r:.~~:·;~.81·~f"k·...";:... '. f f" '1':'1' A f· ~ .- Ex-o lClO to I PS~,í:\..y 0 ~ '..... ~:: '. . .".... .....--....:....-':" ......'"'\'. ~1:.. . -. '" County Commi~ì 'r;e-tá è~\\-;> : a ~ ~ Q' ~.~..~.. ·'-..(~--~'¡·~LAh .:,.~ , I , '~.: 4'&!t. OW:,~ 1- '''I ~ . .¡",:. _ I, .- ,.".,...'......, ..~ t}\' - \ \~J i""').'t'~·"".. . : Heidi R. ROCJkhì:71'æ,'" , . Deputy Clerk u, - -r