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Backup Documents 09/25-26/2012 Item # 9B i r' 9B 01..Lf/, L- ;,,, N COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS r.`,a.,,'_� (it i'N'N To: Clerk to the Board: Please place the following as a: X Normal legal Advertisement ❑ Other: (Display Adv.,location,etc.) Originating Dept/Div: Land Development Services Person: Caroline Cilek Date:Wednesday,September 5,2012 Petition No.(If none,give brief description): N/A Petitioner: (Name&Address): N/A Name&Address of any person(s)to be notified by Clerk's Office:(If more space is needed,attach separate sheet) See Above Hearing before BCC BZA Other: �C'UQSdCtk.‘ 1:t- ! , 2S; Requested Hearing date: (Based on advertisement appearing +days before hearin_. ,September at,2012(NOTICE TO RUN NO LATER THAN Wednesday,September , 2012) Newspaper(s)to be used: (Complete only if important): (U r-6l(Uitit 1 VI- ' ' X Naples Daily News ❑ Other ' X Legally Required Proposed Text: (Include Title of the Ordinance/Resolution(or just write in see attached document),legal description,common location&size): Please see attached legal ad. Please publish the following public notice, for a Display ad, 1/4 page, with maps, in your edition of Wednesday, September 12, 2012.The advertisement must be at least two columns wide x 10 inches long, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please furnish proof of publication of each advertisement to the Collier County Growth Management Division, Department of Zoning and Land Development Review,2800 North Horseshoe Drive, Naples,Florida 34104, Attention: Caroline Cilek Companion petition(s),if any&proposed hearing date: N/A Does Petition Fee include advertising cost?❑Yes X No If Yes,what account should be charged for advertising costs: Department:Land Development Services,Zoning Review Section;Fund&Cost Center: 131-138909-634999;Purchase Order Number: 4500135130;Account Number: 068779 P.O.#4500135130 Reviewed by: Divisio Administrator or Designee Date List Attachments: Legal Ad and maps.Proposed Ordinance to be furnished closer to the hearing date. DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑Requesting Division ❑ Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. ************************************************************* **** **************************************** FOR CLERK'S OFFICE USE ON L rr Y Date Received: i 12Date of Public hearing: LS Date Advertised: 7,.., ‘i9B September 3,2012 Naples Daily News 1100 Immokalee Road Naples,FL 34110 ATTENTION: LEGAL ADVERTISING Please publish the following public notice, for a Display ad, 1/4 page, with maps, in your edition of Wednesday, September 12, 2012. The advertisement must be at least two columns wide x 10 inches long, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please furnish proof of publication of each advertisement to the Collier County Growth Management Division, Department of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Caroline Cilek September 25, 2012 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTICE OF LAND DEVELOPMENT CODE CHANGE LDC AMENDMENT CYCLE 2012-1 Notice is hereby given that on September 25, 2012, in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Board of County Commissioners will consider amendments to the Collier County Land Development Code. The meeting will commence at 9:00 A.M. The titles of the proposed ordinances are as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 — GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO — ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.01 AGRICULTURAL ZONING DISTRICTS, SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS; CHAPTER THREE — RESOURCE PROTECTION, INCLUDING SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION, SECTION 3.05.07 PRESERVATION STANDARDS, SECTION 3.06.06 REGULATED WELLFIELDS, SECTION 3.06.07 UNREGULATED WELLFIELDS, SECTION 3.06.12 REGULATED DEVELOPMENT; CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.04 STANDARDS FOR CLUSTER RESIDENTIAL DESIGN, SECTION 4.02.14 DESIGN ifr 9B STANDARDS FOR DEVELOPMENT IN THE ST AND ACSC-ST DISTRICTS, SECTION 4.05.02 DESIGN STANDARDS, SECTION 4.05.04 PARKING SPACE REQUIREMENTS, SECTION 4.06.02 BUFFER REQUIREMENTS, SECTION 4.06.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS-OF- WAY, SECTION 4.06.04 TREES AND VEGETATION PROTECTION, SECTION 4.07.02 DESIGN REQUIREMENTS; CHAPTER FIVE — SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.03.02 FENCES AND WALLS, SECTION 5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN RESIDENTIAL DISTRICTS, SECTION 5.06.03 DEVELOPMENT STANDARDS FOR SIGNS FOR INSTITUTIONAL USES, SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS, SECTION 5.06.05 EXEMPTIONS FROM THESE REGULATIONS; CHAPTER SIX — INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.02.01 GENERALLY, SECTION 6.02.03 TRANSPORTATION LEVEL OF SERVICE REQUIREMENTS, SECTION 6.06.01 STREET SYSTEM REQUIREMENTS, SECTION 6.06.02 SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS; CHAPTER NINE — VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SECTION 9.03.02 REQUIREMENTS OF CONTINUATION OF NONCONFORMITIES, SECTION 9.04.02 TYPES OF VARIANCES AUTHORIZED; CHAPTER TEN — APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.01.02 DEVELOPMENT ORDERS REQUIRED, 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SECTION 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENTS PLANS, SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SECTION 10.02.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, 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 10.08.00 CONDITIONAL USES PROCEDURES; APPENDIX A - STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVEMENTS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. and AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, 198 1 ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 — GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO — ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-NEIGHBORHOOD COMMERCIAL SUBDISTRICT, SECTION 4.02.17 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-WATERFRONT SUBDISTRICT, SECTION 4.02.18 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-RESIDENTIAL SUBDISTRICT (R1), SECTION 4.02.19 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-RESIDENTIAL SUBDISTRICT (R2), SECTION 4.02.20 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-RESIDENTIAL SUBDISTRICT (R3), SECTION 4.02.21 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-RESIDENTIAL SUBDISTRICT (R4), SECTION 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD-MIXED USE SUBDISTRICT (MXD), SECTION 4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD-RESIDENTIAL SUBDISTRICT (R); CHAPTER TEN — APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.02.00 APPLICATION REQUIREMENTS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. The proposed changes are primarily County-wide. The maps below show the areas affected by the changes to the Wellfield Risk Management Special Treatment Overlay zones under Section 3.06.06 of the LDC, the areas affected by the changes to the Bayshore Drive Mixed Use Overlay District and Gateway Triangle Mixed Use Overlay District in Section 2.03.07 of the LDC, all within the Bayshore Gateway Triangle CRA. [insert map of the Wellfields here] [insert map of the Bayshore/Gateway Triangle CRA here] All interested parties are invited to appear and be heard. Copies of the proposed ordinances are available for public inspection in the Business Center, Growth Management Division, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Suite 401, Collier County Government Center, East, Naples, one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the 9B Collier County Facilities Management Department, at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Board of County Commissioners Collier County, Florida Fred W. Coyle, Chairman if- 9B "4, September 3,2012 Naples Daily News 1100 Immokalee Road Naples, FL 34110 ATTENTION: LEGAL ADVERTISING ease publish the following public rL ice, for a Display ad, 1/4 page, with maps, in your edition of Wednesday, September 12,2012. Th advertisement must be at least two columns wide x 10 inches Iona, and the headline in the ertisement must be in a type no smaller than 18 point. The advertisement must n aced in that portion of the newspaper where legal notices and classified a pear. Please furnish proof of publication of each advertisement to the Collier County Growth Management Division, Department of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Caroline Cilek September 25, 2012 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTICE OF LAND DEVELOPMENT CODE CHANGE LDC AMENDMENT CYCLE 2012-1 Notice is hereby given that on September 25, 2012, in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Board of County Commissioners will consider amendments to the Collier County Land Development Code. The meeting will commence at 9:00 A.M. The titles of the proposed ordinances are as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 — GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO — ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.01 AGRICULTURAL ZONING DISTRICTS, SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS; CHAPTER THREE — RESOURCE PROTECTION, INCLUDING SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION, SECTION 3.05.07 PRESERVATION STANDARDS, SECTION 3.06.06 REGULATED WELLFIELDS, SECTION 3.06.07 UNREGULATED WELLFIELDS, SECTION 3.06.12 REGULATED DEVELOPMENT; CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.04 STANDARDS FOR CLUSTER RESIDENTIAL DESIGN, SECTION 4.02.14 DESIGN 9B STANDARDS FOR DEVELOPMENT IN THE ST AND ACSC-ST DISTRICTS, SECTION 4.05.02 DESIGN STANDARDS, SECTION 4.05.04 PARKING SPACE REQUIREMENTS, SECTION 4.06.02 BUFFER REQUIREMENTS, SECTION 4.06.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS-OF- WAY, SECTION 4.06.04 TREES AND VEGETATION PROTECTION, SECTION 4.07.02 DESIGN REQUIREMENTS; CHAPTER FIVE — SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.03.02 FENCES AND WALLS, SECTION 5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN RESIDENTIAL DISTRICTS, SECTION 5.06.03 DEVELOPMENT STANDARDS FOR SIGNS FOR INSTITUTIONAL USES, SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS, SECTION 5.06.05 EXEMPTIONS FROM THESE REGULATIONS; CHAPTER SIX — INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.02.01 GENERALLY, SECTION 6.02.03 TRANSPORTATION LEVEL OF SERVICE REQUIREMENTS, SECTION 6.06.01 STREET SYSTEM REQUIREMENTS, SECTION 6.06.02 SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS; CHAPTER NINE — VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SECTION 9.03.02 REQUIREMENTS OF CONTINUATION OF NONCONFORMITIES, SECTION 9.04.02 TYPES OF VARIANCES AUTHORIZED; CHAPTER TEN — APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.01.02 DEVELOPMENT ORDERS REQUIRED, 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SECTION 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENTS PLANS, SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SECTION 10.02.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, 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 10.08.00 CONDITIONAL USES PROCEDURES; APPENDIX A - STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVEMENTS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. and AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, 9B ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 — GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO — ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-NEIGHBORHOOD COMMERCIAL SUBDISTRICT, SECTION 4.02.17 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-WATERFRONT SUBDISTRICT, SECTION 4.02.18 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-RESIDENTIAL SUBDISTRICT (R1), SECTION 4.02.19 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-RESIDENTIAL SUBDISTRICT (R2), SECTION 4.02.20 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-RESIDENTIAL SUBDISTRICT (R3), SECTION 4.02.21 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-RESIDENTIAL SUBDISTRICT (R4), SECTION 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD-MIXED USE SUBDISTRICT (MXD), SECTION 4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD-RESIDENTIAL SUBDISTRICT (R); CHAPTER TEN — APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.02.00 APPLICATION REQUIREMENTS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. The proposed changes are primarily County-wide. The maps below show the areas affected by the changes to the Wel!field Risk Management Special Treatment Overlay zones under Section 3.06.06 of the LDC, the areas affected by the changes to the Bayshore Drive Mixed Use Overlay District and Gateway Triangle Mixed Use Overlay District in Section 2.03.07 of the LDC, all within the Bayshore Gateway Triangle CRA. [insert map of the Wellfields here] [insert map of the Bayshore/Gateway Triangle CRA here] All interested parties are invited to appear and be heard. Copies of the proposed ordinances are available for public inspection in the Business Center, Growth Management Division, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Suite 401, Collier County Government Center, East, Naples, one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the B Collier County Facilities Management Department, at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Board of County Commissioners Collier County, Florida Fred W. Coyle, Chairman ri 9B WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES HENDRY COUNTY COLLIER COUNTY IMMOKALEE WELLFIELD \ c C.R. 846 AVE MARIA 'FCO TY ORANGETREE WELLFIELD LIER (OUNTY WELLFIELD C 4 LLIER COUNTY UTILITIES C.R. 858 CIT APLES GOLDEN GATE CRY OF NAPLES ` EAST GOLDEN GATE ifi WELLFIELD a) U r_. �i � 1-75 S.R. 84 CITY �� NAP ', FLORIDA LFIELD GOVERNMENTAL UTILITY AUTHORITY GOLDEN GATE CITY WELLFIELD cp (V 'C: T^ ' iii O] G Q •..)-V N R7 PORT OF THE ISLANDS 0 WELLFIELD EVE' LADES CITY �G ,, 0 WELLFIELD -1-■ ilinrj fe a 0 � ° EVERGLADES, /, pp Do �D� o /CITY vQ o�Tp Ii; o 4 ap ••. LIER COUNTY MONROE COUNTY / , 1 9 B , o I4 I r■ U) N _ rj I as NtIVil AMMO -FZd 0 N co 4* ....m V 4 00> L1-- F-111-106 eg4 0 < • cc cn 0 I LLI co I I , .1 0 co Z it 0* 0 .4` 44e 4 - N ■P S 3 ° .1. (.4 El (Le 111 4 Imi (MOH u ONITInd 4/ -1a0dlinf 111b >, V' I 3MLICI 3liOHSAVO 111 4 z 0 _ IF UJ 1 r 0 >4 t•H":"; :11:4114 I ID I dr-WED 4 1 1, l 'g 4 01111111.1 11°' _ Co I b I .1- GULF OF MEXICO t 9 B 1: Martha S. Vergara From: CilekCaroline <CarolineCilek @colliergov.net> Sent: Wednesday, September 05, 2012 2:22 PM To: Rodriguez, Wanda; Minutes and Records Cc: Neet, Virginia;Ashton, Heidi;Wells, Laura Subject: RE: Legal Ad for BCC Sept. 25th In the "Please Publish" section it says that the ad is to run on September 12th as well as on the Ad itself. I interpreted the (NOTICE TO RUN SECTION NO LATER THAN Wednesday, September 19th) as the FINAL date the ad could run. Is this incorrect? The Thursday/Tuesday is my mistake... it is obviously a Tuesday meeting. Caroline Cilek, M.S. Senior Planner Collier County Growth Management Division 2800 N. Horseshoe Drive Naples, FL 34104 Phone: 239-252-2485 From: RodriguezWanda Sent: Wednesday, September 05, 2012 2:17 PM To: CilekCaroline; Minutes and Records Cc: NeetVirginia; AshtonHeidi; WellsLaura Subject: RE: Legal Ad for BCC Sept. 25th Caroline, The proposed ad states it is to be run on Wed. 9/12, but the ad request form says Wed. 9/19? Please clarify. Also the ad request form says the meeting is on Thursday, Sept. 25, but that date of course is a Tuesday... Other than that the ad looks good. Wanda Rodriguez, 'ACT :Advanced Certified Paralegal _phone: (239) 252-8400_fax: (239) 252-63oo New address as of November 1, 2010: Collier County Office of the County Attorney, 3299 Tamiami Tr. E., Suite 800, Naples, FL 34112-5749 From: CilekCaroline Sent: Wednesday, September 05, 2012 2:11 PM To: Minutes and Records Cc: RodriguezWanda; NeetVirginia; AshtonHeidi; WellsLaura Subject: Legal Ad for BCC Sept. 25th 1 9B Dear Minutes and Records, Please process the attached and acknowledge receipt at your earliest convenience.Also please send confirmation for approval prior to processing. Please let me know if you have any questions. Thanks! Caroline Caroline Cilek, M.S. Senior Planner Collier County Growth Management Division 2800 N. Horseshoe Drive Naples, FL 34104 Phone: 239-252-2485 Under Florida taw e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 2 9 B .+ Martha S. Vergara From: RodriguezWanda <WandaRodriguez @colliergov.net> Sent: Wednesday, September 05, 2012 2:23 PM To: CilekCaroline; Minutes and Records Cc: Neet,Virginia;Ashton, Heidi;Wells, Laura Subject: RE: Legal Ad for BCC Sept. 25th That's fine then, thanks for clarifying. "Wanda R.och-iguez, .4CP Act-winced Certified-Paralegal phone: (239) 252-8400 fax (239) 252-630o New address as of November 1, 2010: Collier County Office of the County Attorney, 3299 Tamiami Tr. E., Suite 800, Naples, FL 34112-5749 From: CilekCaroline Sent: Wednesday, September 05, 2012 2:22 PM To: RodriguezWanda; Minutes and Records Cc: NeetVirginia; AshtonHeidi; WellsLaura Subject: RE: Legal Ad for BCC Sept. 25th In the "Please Publish" section it says that the ad is to run on September 12th as well as on the Ad itself. I interpreted the (NOTICE TO RUN SECTION NO LATER THAN Wednesday, September 19th) as the FINAL date the ad could run. Is this incorrect? The Thursday/Tuesday is my mistake... it is obviously a Tuesday meeting. Caroline Cilek, M.S. Senior Planner Collier County Growth Management Division 2800 N. Horseshoe Drive Naples, FL 34104 Phone:239-252-2485 From: RodriguezWanda Sent: Wednesday, September 05, 2012 2:17 PM To: CilekCaroline; Minutes and Records Cc: NeetVirginia; AshtonHeidi; WellsLaura Subject: RE: Legal Ad for BCC Sept. 25th Caroline, The proposed ad states it is to be run on Wed. 9/12, but the ad request form says Wed. 9/19? Please clarify. Also the ad request form says the meeting is on Thursday, Sept. 25, but that date of course is a Tuesday... 1 Other than that the ad looks good. 9B -Wanda 'Rodriguez, ..MCP Advanced Certified Paralegal phone: (239) 252-8400_fax: (239) 252-630o New address as of November 1, 2010: Collier County Office of the County Attorney, 3299 Tamiami Tr. E., Suite 800, Naples, FL 34112-5749 From: CilekCaroline Sent: Wednesday, September 05, 2012 2:11 PM To: Minutes and Records Cc: RodriguezWanda; NeetVirginia; AshtonHeidi; WellsLaura Subject: Legal Ad for BCC Sept. 25th Dear Minutes and Records, Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Please let me know if you have any questions. Thanks! Caroline Caroline Cilek, M.S. Senior Planner Collier County Growth Management Division 2800 N. Horseshoe Drive Naples, FL 34104 Phone:239-252-2485 Under Florida Law.e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request.do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 2 9 B ` Acct #068779 September 6, 2012 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34112 Re: BCC- LDC Amendment Cycle 2012-1 w/Maps (Display Ad) Dear Legals: Please advertise the above referenced notice on Wednesday, September 12, 2012, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500135130 9B September 3,2012 Naples Daily News 1100 Immokalee Road Naples,FL 34110 ATTENTION: LEGAL ADVERTISING Please publish the following public notice, for a Display ad, 1/4 page, with maps, in your edition of Wednesday,September 12,2012. The advertisement must be at least two columns wide x 10 inches long, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please furnish proof of publication of each advertisement to the Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, FL 34112. September 25, 2012 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTICE OF LAND DEVELOPMENT CODE CHANGE LDC AMENDMENT CYCLE 2012-1 Notice is hereby given that on September 25, 2012, in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Board of County Commissioners will consider amendments to the Collier County Land Development Code. The meeting will commence at 9:00 A.M. The titles of the proposed ordinances are as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 — GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO — ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.01 AGRICULTURAL ZONING DISTRICTS, SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS; CHAPTER THREE — RESOURCE PROTECTION, INCLUDING SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION, SECTION 3.05.07 PRESERVATION STANDARDS, SECTION 3.06.06 REGULATED WELLFIELDS, SECTION 3.06.07 UNREGULATED WELLFIELDS, SECTION 3.06.12 REGULATED DEVELOPMENT; CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.04 STANDARDS FOR CLUSTER RESIDENTIAL DESIGN, SECTION 4.02.14 DESIGN STANDARDS FOR DEVELOPMENT IN THE ST AND ACSC-ST 9B DISTRICTS, SECTION 4.05.02 DESIGN STANDARDS, SECTION 4.05.04 PARKING SPACE REQUIREMENTS, SECTION 4.06.02 BUFFER REQUIREMENTS, SECTION 4.06.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS-OF- WAY, SECTION 4.06.04 TREES AND VEGETATION PROTECTION, SECTION 4.07.02 DESIGN REQUIREMENTS; CHAPTER FIVE — SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.03.02 FENCES AND WALLS, SECTION 5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN RESIDENTIAL DISTRICTS, SECTION 5.06.03 DEVELOPMENT STANDARDS FOR SIGNS FOR INSTITUTIONAL USES, SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS, SECTION 5.06.05 EXEMPTIONS FROM THESE REGULATIONS; CHAPTER SIX — INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.02.01 GENERALLY, SECTION 6.02.03 TRANSPORTATION LEVEL OF SERVICE REQUIREMENTS, SECTION 6.06.01 STREET SYSTEM REQUIREMENTS, SECTION 6.06.02 SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS; CHAPTER NINE — VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SECTION 9.03.02 REQUIREMENTS OF CONTINUATION OF NONCONFORMITIES, SECTION 9.04.02 TYPES OF VARIANCES AUTHORIZED; CHAPTER TEN — APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.01.02 DEVELOPMENT ORDERS REQUIRED, 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SECTION 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENTS PLANS, SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SECTION 10.02.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, 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 10.08.00 CONDITIONAL USES PROCEDURES; APPENDIX A - STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVEMENTS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. and AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, 9B MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 — GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO — ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-NEIGHBORHOOD COMMERCIAL SUBDISTRICT, SECTION 4.02.17 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-WATERFRONT SUBDISTRICT, SECTION 4.02.18 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-RESIDENTIAL SUBDISTRICT (R1), SECTION 4.02.19 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-RESIDENTIAL SUBDISTRICT (R2), SECTION 4.02.20 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-RESIDENTIAL SUBDISTRICT (R3), SECTION 4.02.21 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-RESIDENTIAL SUBDISTRICT (R4), SECTION 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD-MIXED USE SUBDISTRICT (MXD), SECTION 4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD-RESIDENTIAL SUBDISTRICT (R); CHAPTER TEN — APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.02.00 APPLICATION REQUIREMENTS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. The proposed changes are primarily County-wide. The maps below show the areas affected by the changes to the Wellfield Risk Management Special Treatment Overlay zones under Section 3.06.06 of the LDC, the areas affected by the changes to the Bayshore Drive Mixed Use Overlay District and Gateway Triangle Mixed Use Overlay District in Section 2.03.07 of the LDC, all within the Bayshore Gateway Triangle CRA. [insert map of the Wellfields here] [insert map of the Bayshore/Gateway Triangle CRA here] All interested parties are invited to appear and be heard. Copies of the proposed ordinances are available for public inspection in the Business Center, Growth Management Division, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Suite 401, Collier County Government Center, East, Naples, one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, at 3335 Tamiami Trail East, Suite 101, Naples, FL 9B r„‘ 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Board of County Commissioners Collier County, Florida Fred W. Coyle, Chairman Dwight E. Brock, Clerk By: Martha Vergara, Deputy Clerk (SEAL) 9 e L WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES HENDRY COUNTY COLLIER COUNTY IMMOKALEE WELLFIELD \ C.R. 846 AVE MARIA TY ORANGETREE WELLFIELD WELLFIELD f_ rCO IER ■OUNTY C.R. 858 C a LLIER COUNTY UTILITIES CET .� APLES GOLDEN GATE CW° ' , — CITY OF NAPLES ` EAST GOLDEN GATE WELLFIELD I') 0) U iur „_ - CITY •�� NAP IN FLORIDA GOVERNMENTAL UTILITY AUTHORITY GOLDEN GATE CITY I-75 S.R. 84 WELLFIELD 0) N Q 1 (N U, GS N g1 PORT OF THE ISLANDS WELLFIELD EVE LADES CITY 0 i WELLFIELD G o0 n • EVERGLADE?skt9 0 O p0 Q T V I/CITY 0 oW0 a A op 00 UER COUNTY MONROE COUNTY [ 9 EJ - " v'! 00IXSH JO d7120 4. qj I ''..1 - 41P11121111a_ , 1 „ w Ai -L. eiiiii6;.ri cn 8 -- kaigiatill"-::' ' ' 1 11:1° EA OI II • 1 _ ;0 rn I I z pip rr-ii -1 II BAYSHORE DRIVE 73 * --I x• as w< -I AIRPORT- ' /4 PULLING ROAD "I 10.R. 31) XI 0 - )) I. 4. *4.0 a > Z 5 0 4 r 401 xi S z .r.> —x z, 10) °O) c M r" <co x.4. xl m 0 A Al- I1 COUNTY BARN RD e" 03 zi- I a e_ , 0 r. 0 1 I I--- h S. Vergara B Mar a . Ver t g From: Green, Amy <AGreen @Naplesnews.com> Sent: Thursday, September 06, 2012 2:47 PM To: Martha S. Vergara Subject: RE: LDC Amendments Cycle 2012-1 (2nd Ad) OK Amy Green Legal Advertisements Naples Daily News Main Office: 239-263-4710 Direct Fax: 239-325-1251 Email: legals @naplesnews.com www.naplesnews.com From: Martha S. Vergara jmailto:Martha.Vergara@collierclerk.comj Sent: Thursday, September 06, 2012 2:27 PM To: Green, Amy Subject: RE: LDC Amendments Cycle 2012-1 (2nd Ad) SORRY, now they are attached to this e-mail. From: Green, Amy jmailto:AGreen @Naplesnews.com] Sent: Thursday, September 06, 2012 2:16 PM To: Martha S. Vergara Subject: RE: LDC Amendments Cycle 2012-1 (2nd Ad) There's not attachment on this one. Amy Green Legal Advertisements Naples Daily News Main Office: 239-263-4710 Direct Fax:239-325-1251 Email: legals@naplesnews.com www.naplesnews.com From: Martha S. Vergara fmailto:Martha.Vergara@collierclerk.coml Sent: Thursday, September 06, 2012 2:08 PM To: Legals NDN Subject: LDC Amendments Cycle 2012-1 (2nd Ad) Legals, Please advertise the following attached ad Wednesday, September 12, 2012 (display ad w/map). Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, Deputy Clerk 1 ,„„0, 9B September 3, 2012 Naples Daily News 1100 Immokalee Road Naples, FL 34110 ATTENTION: LEGAL ADVERTISING Please publish the following public notice, for a Display ad, 1/4 page, with maps, in your edition of Wednesday, September 12,2012. The advertisement must be at least two columns wide x 10 inches Tong, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please furnish proof of publication of each advertisement to the Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, FL 34112. September 25, 2012 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTICE OF LAND DEVELOPMENT CODE CHANGE LDC AMENDMENT CYCLE 2012-1 Notice is hereby given that on September 25, 2012, in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Board of County Commissioners will consider amendments to the Collier County Land Development Code. The meeting will commence at 9:00 A.M. The titles of the proposed ordinances are as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 — GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO — ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.01 AGRICULTURAL ZONING DISTRICTS, SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS; CHAPTER THREE — RESOURCE PROTECTION, INCLUDING SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION, SECTION 3.05.07 PRESERVATION STANDARDS, SECTION 3.06.06 REGULATED WELLFIELDS, SECTION 3.06.07 UNREGULATED WELLFIELDS, SECTION 3.06.12 REGULATED DEVELOPMENT; CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.04 STANDARDS FOR CLUSTER RESIDENTIAL DESIGN, SECTION 4.02.14 DESIGN STANDARDS FOR DEVELOPMENT IN THE ST AND ACSC-ST 9 R r y j DISTRICTS, SECTION 4.05.02 DESIGN STANDARDS, SECTION 4.05.04 PARKING SPACE REQUIREMENTS, SECTION 4.06.02 BUFFER REQUIREMENTS, SECTION 4.06.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS-OF- WAY, SECTION 4.06.04 TREES AND VEGETATION PROTECTION, SECTION 4.07.02 DESIGN REQUIREMENTS; CHAPTER FIVE — SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.03.02 FENCES AND WALLS, SECTION 5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN RESIDENTIAL DISTRICTS, SECTION 5.06.03 DEVELOPMENT STANDARDS FOR SIGNS FOR INSTITUTIONAL USES, SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS, SECTION 5.06.05 EXEMPTIONS FROM THESE REGULATIONS; CHAPTER SIX — INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.02.01 GENERALLY, SECTION 6.02.03 TRANSPORTATION LEVEL OF SERVICE REQUIREMENTS, SECTION 6.06.01 STREET SYSTEM REQUIREMENTS, SECTION 6.06.02 SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS; CHAPTER NINE — VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SECTION 9.03.02 REQUIREMENTS OF CONTINUATION OF NONCONFORMITIES, SECTION 9.04.02 TYPES OF VARIANCES AUTHORIZED; CHAPTER TEN — APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.01.02 DEVELOPMENT ORDERS REQUIRED, SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SECTION 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENTS PLANS, SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SECTION 10.02.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, 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 10.08.00 CONDITIONAL USES PROCEDURES; APPENDIX A - STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVEMENTS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. and AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, 9 B , ' MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 — GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO — ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-NEIGHBORHOOD COMMERCIAL SUBDISTRICT, SECTION 4.02.17 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-WATERFRONT SUBDISTRICT, SECTION 4.02.18 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-RESIDENTIAL SUBDISTRICT (R1), SECTION 4.02.19 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-RESIDENTIAL SUBDISTRICT (R2), SECTION 4.02.20 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-RESIDENTIAL SUBDISTRICT (R3), SECTION 4.02.21 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-RESIDENTIAL SUBDISTRICT (R4), SECTION 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD-MIXED USE SUBDISTRICT (MXD), SECTION 4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD-RESIDENTIAL SUBDISTRICT (R); CHAPTER TEN — APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, ADDING SECTION 10.02.15 MIXED USE PROJECT PROCEDURES WITHIN THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AREA; APPLICATION REQUIREMENTS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. The proposed changes are primarily County-wide. The maps below show the areas affected by the changes to the Wellfield Risk Management Special Treatment Overlay zones under Section 3.06.06 of the LDC, the areas affected by the changes to the Bayshore Drive Mixed Use Overlay District and Gateway Triangle Mixed Use Overlay District in Section 2.03.07 of the LDC, all within the Bayshore Gateway Triangle CRA. [insert map of the Wellfields here] [insert map of the Bayshore/Gateway Triangle CRA here] All interested parties are invited to appear and be heard. Copies of the proposed ordinances are available for public inspection in the Business Center, Growth Management Division, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Suite 401, Collier County Government Center, East, Naples, one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the 9B proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Board of County Commissioners Collier County, Florida Fred W. Coyle, Chairman Dwight E. Brock, Clerk By: Martha Vergara, Deputy Clerk (SEAL) 9 B ` Martha S. Vergara From: RodriguezWanda <WandaRodriguez @colliergov.net> Sent: Monday, September 10, 2012 1:11 PM To: Martha S.Vergara; Minutes and Records Cc: CilekCaroline; Neet, Virginia;Ashton, Heidi Subject: RE: NDN Proof for the LDC Amendment Cycle 2012-1 Importance: High To further clarify, this is the change being requested for this ad: CHAPTER TEN—APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10 02 0n APPLICATION REQUIREMENTS ADDING SECTION 10.02.15 MIXED USE PROJECT PROCEDURES WITHIN THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AREA; Please let us know if you have any questions regarding this late change to the ad. Thanks for your help, Wanda. Rodriguez, ACT Advanced Cert ified Paralegal phone: (239) 252-8400 fax: (239) 252-6300 New address as of November 1, 2010: Collier County Office of the County Attorney, 3299 Tamiami Tr. E., Suite 800, Naples, FL 34112-5749 From: CilekCaroline Sent: Monday, September 10, 2012 12:00 PM To: CilekCaroline; RodriguezWanda; Martha S. Vergara Cc: NeetVirginia; AshtonHeidi Subject: RE: NDN Proof for the LDC Amendment Cycle 2012-1 Hi all, I overreacted in the last version. I have removed some language. Please use the attached version. My apologies, Caroline Caroline Cilek, M.S. Senior Planner Collier County Growth Management Division 2800 N. Horseshoe Drive Naples, FL 34104 Phone:239-252-2485 From: CilekCaroline Sent: Monday, September 10, 2012 10:44 AM To: RodriguezWanda; Martha S. Vergara 1 Cc: NeetVirginia; AshtonHeidi Subject: RE: NDN Proof for the LDC Amendment Cycle 2012-1 Hi all, Please find the attached the revised legal ad. I have identified the new text in red. Thanks, Caroline Caroline Cilek, M.S. Senior Planner Collier County Growth Management Division 2800 N. Horseshoe Drive Naples, FL 34104 Phone:239-252-2485 From: RodriguezWanda Sent: Monday, September 10, 2012 10:16 AM To: Martha S. Vergara Cc: CilekCaroline; NeetVirginia; AshtonHeidi Subject: RE: NDN Proof for the LDC Amendment Cycle 2012-1 There is some language that needs to be added to this ad, which Caroline will provide to you. Wanda, Rodriguez, _4C?' Advanced Certified Para.regal phone: (239) 252-8400 fax: (239) 252-6300 New address as of November 1, 2010: Collier County Office of the County Attorney, 3299 Tamiami Tr. E., Suite 800, Naples, FL 34112-5749 From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Monday, September 10, 2012 8:51 AM To: CilekCaroline; NeetVirginia; AshtonHeidi; RodriguezWanda Subject: NDN Proof for the LDC Amendment Cycle 2012-1 Morning All, Attached is the proof from NDN, please review and let me know of any changes. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court &Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: marthaxergara@collierclerk.com 2 I B Martha S. Vergara From: CilekCaroline <CarolineCilek @colliergov.net> Sent: Monday, September 10, 2012 12:00 PM To: CilekCaroline; Rodriguez, Wanda; Martha S. Vergara Cc: Neet, Virginia; Ashton, Heidi Subject: RE: NDN Proof for the LDC Amendment Cycle 2012-1 Attachments: Revised- BCC Legal Ad for September 25 (091012)-2.docx Hi all, I overreacted in the last version. I have removed some language. Please use the attached version. My apologies, Caroline Caroline Cilek, M.S. Senior Planner Collier County Growth Management Division 2800 N. Horseshoe Drive Naples, FL 34104 Phone:239-252-2485 From: CilekCaroline Sent: Monday, September 10, 2012 10:44 AM To: RodriguezWanda; Martha S. Vergara Cc: NeetVirginia; AshtonHeidi Subject: RE: NDN Proof for the LDC Amendment Cycle 2012-1 Hi all, Please find the attached the revised legal ad. I have identified the new text in red. Thanks, Caroline Caroline Cilek, M.S. Senior Planner Collier County Growth Management Division 2800 N. Horseshoe Drive Naples, FL 34104 Phone:239-252-2485 From: RodriguezWanda Sent: Monday, September 10, 2012 10:16 AM To: Martha S. Vergara Cc: CilekCaroline; NeetVirginia; AshtonHeidi Subject: RE: NDN Proof for the LDC Amendment Cycle 2012-1 There is some language that needs to be added to this ad, which Caroline will provide to you. 1 B Wanda Rodriguez, ACT Advanced Certified Paralegal. phone: (239) 252-8400 fax: (239) 252-6300 New address as of November 1, 2010: Collier County Office of the County Attorney, 3299 Tamiami Tr. E., Suite 800, Naples, FL 34112-5749 From: Martha S. Vergara [mailto:Martha.Vergara@tcollierclerk.com] Sent: Monday, September 10, 2012 8:51 AM To: CilekCaroline; NeetVirginia; AshtonHeidi; RodriguezWanda Subject: NDN Proof for the LDC Amendment Cycle 2012-1 Morning All, Attached is the proof from NDN, please review and let me know of any changes. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court &Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara @collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk @collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. Under Florida Law.e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request.do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 2 9 v 9 Martha S. Vergara From: CilekCaroline <CarolineCilek @colliergov.net> Sent: Monday, September 10, 2012 1:26 PM To: Martha S.Vergara; Rodriguez, Wanda;Ashton, Heidi; Neet,Virginia Subject: RE: Re-Revised Ad Proof- LDC Amendments Cycle 2012-1 Looks great to me! Caroline Cilek, M.S. Senior Planner Collier County Growth Management Division 2800 N. Horseshoe Drive Naples, FL 34104 Phone: 239-252-2485 From: Martha S. Vergara [mailto:Martha.Vergara @ collierclerk.comj Sent: Monday, September 10, 2012 1:24 PM To: CilekCaroline; RodriguezWanda; AshtonHeidi; NeetVirginia Subject: Re-Revised Ad Proof- LDC Amendments Cycle 2012-1 Attached, Please review and let me know Thanks, Martha Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodesk @collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. Under Florida Law.e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request.do not send electronic mail to this entity.Instead contact this office by telephone or in writing. 1 'ill, 9 B Martha S. Vergara From: RodriguezWanda <WandaRodriguez @colliergov.net> Sent: Monday, September 10, 2012 1:27 PM To: CilekCaroline; Martha S.Vergara Cc: Ashton, Heidi; Neet,Virginia Subject: RE: Re-Revised Ad Proof- LDC Amendments Cycle 2012-1 Me too, thanks everyone O Wanda. Rodriguez, ACT Advanced-Certified-Paralegaf _7hhone: (239) 252-8400 fax: (239) 252-6300 New address as of November 1, 2010: Collier County Office of the County Attorney, 3299 Tamiami Tr. E., Suite 800, Naples, FL 34112-5749 From: CilekCaroline Sent: Monday, September 10, 2012 1:26 PM To: Martha S. Vergara; RodriguezWanda; AshtonHeidi; NeetVirginia Subject: RE: Re-Revised Ad Proof- LDC Amendments Cycle 2012-1 Looks great to me! Caroline Cilek, M.S. Senior Planner Collier County Growth Management Division 2800 N. Horseshoe Drive Naples, FL 34104 Phone: 239-252-2485 From: Martha S. Vergara [mailto:Martha.Vergara @collierclerk.com] Sent: Monday, September 10, 2012 1:24 PM To: CilekCaroline; RodriguezWanda; AshtonHeidi; NeetVirginia Subject: Re-Revised Ad Proof- LDC Amendments Cycle 2012-1 Attached, Please review and let me know Thanks, Martha Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy,distribute or take any action induced by or in reliance on information contained in this message. 1 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE September 2512012 9 f COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTICE OF LAND DEVELOPMENT CODE CHANGE LDC AMENDMENT CYCLE 2012-1 Notice is hereby given that on September 25,2012,in the Board of County Commissioners Meeting Room,3rd Floor,Building"F,"Collier County Government Center,3299 Tamiami Trail East,Naples,Florida 34112,the Collier County Board of County Commissioners will consider amendments to the Collier County Land Development Code.The meeting will commence at 9:00 A.M.The titles of the proposed ordinances are as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED,THE COLLIER COUNTY LAND DEVELOPMENT CODE,WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA,BY PROVIDING FOR:SECTION ONE,RECITALS;SECTION TWO,FINDINGS OF FACT;SECTION THREE,ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE,MORE SPECIFICALLY AMENDING THE FOL- LOWING:CHAPTER 1- GENERAL PROVISIONS,INCLUDING SECTION 1.08.02 DEFINITIONS;CHAPTER TWO-ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.01 AGRICULTURAL ZONING DISTRICTS,SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS;CHAPTER THREE -RESOURCE PROTECTION,INCLUDING SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRES- ERVATION,SECTION 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION,SECTION 3.05.07 PRESERVATION STANDARDS,SECTION 3.06.06 REGULATED WELLFIELDS, SECTION 3.06.07 UNREGULATED WELLFIELDS,SECTION 3.06.12 REGULATED DEVELOPMENT;CHAPTER FOUR- SITE DESIGN AND DEVELOPMENT STANDARDS,INCLUDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS,SECTION 4.02.04 STANDARDS FOR CLUSTER RESIDENTIAL DESIGN,SECTION 4.02.14 DESIGN STANDARDS FOR DE- VELOPMENT IN THE ST AND ACSC-ST DISTRICTS,SECTION 4.05.02 DESIGN STANDARDS,SECTION 4.05.04 PARKING SPACE REQUIREMENTS, SECTION 4.06.02 BUFFER REQUIREMENTS,SECTION 4.06.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS-OF- WAY,SECTION 4.06.04 TREES AND VEGETATION PROTECTION,SECTION 4.07.02 DESIGN REQUIREMENTS;CHAPTER FIVE-SUPPLEMEN- TAL STANDARDS,INCLUDING SECTION 5.03.02 FENCES AND WALLS,SECTION 5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN RESIDENTIAL DISTRICTS,SECTION 5.06.03 DEVELOPMENT STANDARDS FOR SIGNS FOR INSTITUTIONAL USES,SECTION 5.06.04 DEVELOP- MENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS,SECTION 5.06.05 EXEMPTIONS FROM THESE REGULATIONS;CHAPTER SIX -INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS,INCLUDING SECTION 6.02.01 GENERALLY,SEC- TION 6.02.03 TRANSPORTATION LEVEL OF SERVICE REQUIREMENTS,SECTION 6.06.01 STREET SYSTEM REQUIREMENTS, SECTION 6.06.02 SIDEWALKS,BIKE LANE AND PATHWAY REQUIREMENTS;CHAPTER NINE-VARIATIONS FROM CODE REQUIREMENTS,INCLUDING SECTION 9.03.02 REQUIREMENTS OF CONTINUATION OF NONCONFORMITIES,SECTION 9.04.02 TYPES OF VARIANCES AUTHORIZED; CHAPTER TEN- APPLICATION,REVIEW,AND DECISION-MAKING PROCEDURES,INCLUDING SECTION 10.01.02 DEVELOPMENT ORDERS REQUIRED,10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS,SECTION 1(102.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENTS PLANS, SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS,SECTION 10.02.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY,SECTION 10.02.13 PLANNED UNIT DEVELOPMENT(PUD)PROCEDURES,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 PRES- ERVATION BOARD,SECTION 10.08.00 CONDITIONAL USES PROCEDURES;APPENDIX A-STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVEMENTS;SECTION FOUR,CONFLICT AND SEVERABILITY;SECTION FIVE,INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION SIX,EFFECTIVE DATE. and AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41,AS AMENDED,THE COLLIER COUNTY LAND DEVELOPMENT CODE,WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA,BY PROVIDING FOR:SECTION ONE, RECITALS;SECTION TWO,FINDINGS OF FACT;SECTION THREE,ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE,MORE SPECIFICALLY AMENDING THE FOLLOWING:CHAPTER 1- GENERAL PROVISIONS,INCLUDING SECTION 1.08.02 DEFINITIONS;CHAPTER TWO- ZONING DISTRICTS AND USES,INCLUDING SECTION 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER FOUR- SITE DESIGN AND DEVELOPMENT STANDARDS,INCLUDING SECTION 4.02.16 DESIGN STANDARDS FOR DE- VELOPMENT IN THE BMUD-NEIGHBORHOOD COMMERCIAL SUBDISTRICT,SECTION 4.02.17 DESIGN STANDARDS FOR DEVEL- OPMENT IN THE BMUD-WATERFRONT SUBDISTRICT,SECTION 4.02.18 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD- RESIDENTIAL SUBDISTRICT (R1), SECTION 4.02.19 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-RESIDENTIAL SUBDISTRICT(R2),SECTION 4.02.20 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-RESIDENTIAL SUBDISTRICT(R3), SECTION 4.02.21 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-RESIDENTIAL SUBDISTRICT(R4),SECTION 4.02.35 DE- SIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD-MIXED USE SUBDISTRICT(MXD),SECTION 4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD-RESIDENTIAL SUBDISTRICT(R);CHAPTER TEN-APPLICATION,REVIEW,AND DECISION- MAKING PROCEDURES,INCLUDING SECTION 10.02.00 APPLICATION REQUIREMENTS; SECTION FOUR,CONFLICT AND SEVER- ABILITY;SECTION FIVE,INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION SIX,EFFECTIVE DATE. The proposed changes are pri- manly County-wide. The maps r"--."11 , _^^• below show the areas affected -� by the changes to the Wellfield Risk Management Special Treat- � " "Ffi 4�,1 ment Overlay zones under Sec- r••° °.__:...._.` - P4i� _ ® `�Ert ! .ie a ems.-- lay District and Gateway Triangle ( i7 / • Mixed Use Overlay District in Sec- \\,f, �11; :� lion 2.03.07 of the LDC,all within w the Bayshore Gateway Triangle J gip rr� All interested parties are invited to appear and be heard. Copies of the proposed ordinances are available for public inspection in the Business Center,Growth Management Division,2800 N.Horseshoe Drive,Naples,Florida,between the hours of 8:00 A.M.and 5:00 P.M., Monday through Friday. Furthermore,materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor,Suite 401,Collier County Government Center,East,Naples,one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter consid- ered at such meeting or hearing,he will need a record of the proceedings,and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Department,at 3335 Tamiami Trail East, Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Board of County Commissioners-Collier County,Florida Fred W.Coyle,Chairman-Dwight E.Brock,Clerk By:Martha Vergara,Deputy Clerk -(SEAL) No.240192949 September 12,2012 1 PUBLIC NOTICE PUBLIC NOTICt. . riSWORFE NAPLES DAILY NEWS t®111 'r S �� .Published Daily � r ,, Naples,FL 34110 COLLIER COUNTY BOARD OF COUNTY' COMMISSIONERS NOTICE OF LAND DEVELOPMENT CODE ORANGE• Affidavit of Publication LDC AMENDMENT CYCLE 2012-1 Notice is hereby given that on September 25,2012,In the Board of County Commissioners Meeting Room,3rd FlObr,Building°F,"Collier County Government Center,3299 Tamiami Trail East,Naples,Florida 34112,the Collier County Board Of County COmmiseioners will State of Florida ; consider amendments to the Collier County Land Development Code.The meeting will commence at 9:00 A.M.Thetldes of the proposed ordinances are as follows: • AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS of COWER COUNTY,FLORIDA, AMENDING,QHOHUNCE NUMBER 04-41, Counties of Collier and Lee As AMENDED,THE COLLIER COUNTY LAND DEVELOPMENT CODE,WHICH INCLUDES THE COMPREHENSIVE LA1dO REGIMTION3 FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA,BY PROVIDING FOR:SECTION ONE,RECITAL%EEG7MJN TWO,FINDINGS OF FACT;SECTION THREE,ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE,MORE SPECIFICALLY AMENDING THE FOL- LOWING:CHAPTER 1-GENERAL PROVISIONS,INCLUDING SECTION 1.06.02 DEFINITIONS;CHAPTER TWO-ZONING DISTRICTS AND USES, Before the undersigned they serve as the INCLUDING SECTION 2.03.01 AGRICULTURAL ZONING DISTRICTS,SECTION 2.03.06 RURAL FRINGE ZONING DISTRICT!;CHAPTER THREE -RESOURCE PROTECTION,INCLUDING SECTION 3.0502 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRES- appeared Lynn Schneider, who on oath s ERVATION,SECTION 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION,SECTION 34507 PRESERVATION STANDARDS,SECTION . 3.06.06 REGULATED V TS C ME 3.06.12 REGULATED DEVELOPMENT;Entry Data Specialist of the Naples FOUR-S ITE DESIGN AND DEELOPMENT STANDARDS,INCLUDING SECTION 0.02,01 SECTION STA NDARDS FO R PRINCIPAL USE IN BASE ZONING DISTRICTS, MEArANDARDS OR CLUSTER RESIDENTIAL DESIGN, DESIGN STANDARDS S newspaper published at Naples, in Coll VELOPMENT IN THE ST AND ACSC-ST DISTRICTS,SECTION 4.05.02 DESIGN STANDARDS,SECTION 4.05.04 PARKING SPACE REQUIREMENTS, SECTION 4.06.02 BUFFER REQUIREMENTS,SECTION 4.06.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS-OF- distributed in Collier and Lee counties of - WAY,SECTION 4.06:04 TREES AND VEGETATION PROTECTION,SECTION 4.07.02 DESIGN REQUIREMENTS;CHAPTER FIVE-SUPPLEMEN- TAL STANDARDS,INCLUDING SECTION 5.03.02 FENCES AND WALLS,SECTION 5.08.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN attached copy of the advertising,being RESIDENTIAL DISTRICTS,SECTION 5.06.03 DEVELOPMENT STANDARDS FOR SIGNS FOR INSTITUTIONAL USES,SECTION 5.06.04 DEVELOP- pY g b MENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS,SECTION 5.06.06 EXEMPTIONS FROM THESE REGULATIONS;CHAPTER SIX . • -INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS,INCLUDING SECTION 6.02.01 GENERALLY,SEC- - TION 6.02.03 TRANSPORTATION LEVEL OF SERVICE REQUIREMENTS,SECTION 6.06.01 STREET SYSTEM REQUIREMENTS, SECTION 6.06.02 PUBLIC NOTICE SIDEWALKS,BIKE LANE AND PATHWAY REQUIREMENTS;CHAPTER NINE-VARIATIONS FROM CODE REQUIREMENTS,INCLUDING SECTION 9.03.02 REQUIREMENTS OF CONTINUATION OF NONCONFORMmES,SECTION 9.04.02 TYPES OF VARIANCES AUTHORIZED;CHAPTER TEN- APPLICATION,REVIEW,AND DECISION-MAKING PROCEDURES,INCLUDING SECTION 10.01.02 DEVELOPMENT ORDERS REQUIRED,SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS,SECTION 10.0205 SUBMITTAL REQUIREMENTS FOR IMPROVEMENTS PLANS,SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS,SECTION 10.02.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF in the matter of PUBLIC NOTICE PUBLIC FACILITY ADEQUACY,SECTION 10.02.13 PLANNED UNIT DEVELOPMENT(PUD)PROCEDURES,SECTION 10.03.05 NOTICE REQUIRE- MENTS FOR PUBLIC HEARINGS BEFORE THE BCC,THE PLANNING COMMISSION,THE BOARD OF ZONING APPEALS,THE EAC,AND THE HIS- TORIC PRESERVATION BOARD,SECTION 10.08.00 CONDITIONAL USES PROCEDURES;APPENDIX A-STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVEMENTS;SECTION FOUR,CONFUCT AND SEVERABILITY;SECTION FfVE,INCLUSION IN THE COLLIER was published in said newspaper 1 time i. COUNTY LAND DEVELOPMENT CODE;AND SECTION SIX,EFFECTIVE DATE. - and on September 12th, 2012 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA, AMENDING ORDINANCE NUMBER 04-41,AS AMENDED,THE COLLIER COUNTY LAND DEVELOPMENT CODE,WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA,BY PROVIDING FOR:SECTION ONE, RECITALS;SECTION TWO,FINDINGS OF FACT;SECTION THREE,ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT Affiant further says that the said Na le: CODE,MORE SPECIFICALLY AMENDING THE FOLLOWING:CHAPTER 1- GENERAL PROVISIONS,INCLUDING SECTION 1.08.02 Y Y DEFINITIONS;CHAPTER TWO- ZONING DISTRICTS AND USES,INCLUDING SECTION 2.03.07 OVERLAY ZONING DISTRICTS; published at Naples in said Collier Coin CHAPTER FOUR-SITE DESIGN AND DEVELOPMENT STANDARDS,INCLUDING SECTION 4.02.16 DESIGN STANDARDS FOR DE- f VELOPMENT IN THE BMUD-NEIGHBORHOOD COMMERCIAL SUBDISTRICT,SECTION 4.02.17 DESIGN STANDARDS FOR DEVEL- OPMENT IN THE BMUD-WATERFRONT SUBDISTRICT,SECTION 4.02.18 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD- newspaper has heretofore been continuo RESIDENTIAL SUBDISTRICT(R1),SECTION 4.02.19 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-RESIDENTIAL SUBDISTRICT(R2),SECTION 4.02.20 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-RESIDENTIAL SUBDISTRICT(R3), County, Florida; distributed in Collier ai SECTION 4.02.21 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-RESIDENTIAL SUBDISTRICT(R4),SECTION 4.02.35 DE- SIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD-MIXED USE SUBDISTRICT(MXD),SECTION 4.02.36 DESIGN STANDARDS each day and has been entered as second FOR DEVELOPMENT IN THE GTMUD-RESIDENTIAL SUBDISTRICT(R);CHAPTER TEN-APPLICATION,REVIEW,AND DECISION- MAKING PROCEDURES,INCLUDING ADDING SECTION 10.02.15 MIXED USE PROJECT PROCEDURES WITHIN THE BAYSHORE office in Naples, in said Collier Count) GATEWAY TRIANGLE REDEVELOPMENT AREA; SECTION FOUR,CONFLICT AND SEVERABILITY;SECTION FIVE,INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION SIX,EFFECTIVE DATE. year next preceding the first publicati ...="4:0,42===`,.- advertisement; and affiant further says The proposed changes are pri- marily Aril promised any person, firm or torpor, below show gthe areas affected ��I,� County-wide. The maps by the changes to the Wellfield 111111 commission or refund for the purpose of Risk Mane ement s and Treat iff ment Overlay zones under Sec mr' tion 3.06.06 of the LDC,the areas publication in the said ne -' affected by the changes to theIf " ■r `� .,..- lay Distr ctDalnd GatewaysTriaangle `• _ � 1.� / r_y ► r"� L Mixed 2.03.07 Overlay he District in Sec- n r.-114.,,,. r- "....4.4 LIffLLi L the Bayshore a Gateway LDC,all T within Ca •°° III�J � the Bayshore Gateway Triangle d ':`h.1r i.R�_ �INA 1 ( Signat e of affiant) CRA. _,__Tipp.._ All interested parties are invited to.appear and be heard. Copies of the proposed ordinances are available for public inspection in the • Business Center,Growth Management Division,2800 N.Horseshoe Drive,Naples,Florida,between the hours of 8:00 A.M.and 5:00 PM., Monday through Friday. .. Furthermore,materials will be made available for inspection at the Collier County Clerk's Office,Fourth Floor,Suite 401,Collier County Sworn to and subscribed before me Government Center,East,Naples,one week prior to the scheduled hearing. This 13th day of September, 2012 If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter consid- ered 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 l /�/ of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. /-.J� % 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,at 3335 Tamiami Trail East, ( gnature o V notary public) " . Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. 'ate . Collier County Board of County Commissioners-Collier County,Florida Fred W.Coyle,Chairman-Dwight E.Brock,Clerk By:Martha Vergara,Deputy Clerk-(SEAL) No.240192949 September 12.2012 i 9B .4 Ts Nz ct rg W c0 t O = >- U C7 03 LJ_ O. CO 0 Ce N 0 ° o a m c. 0 Q m W W W it: QWH F=- m To ~ ~ a - U 'J W z W Z W � r 5 2 u) H E R 1 6 wou ce re O W noo °a a cc o) o I- Z o- Q I "J W ("W W to 0. O 4I- Ial V O Q 5 a Z G F ~o Z 43) fp 4 '-'4 d- 0 0 4 et Z co •< t ° -3". 'e Lu L . G iZ-i1'-1 ~ 0 - 't 0. O U O I-I Q ¢ eliN ° 0° ~a O IX W 0 LLJ W W O ,E= V- J e > o F o a c < Y Z tji W `"° Mow z ILI J 'f >_ U ra m V MmW " a O O I- W W Z \ V zOQ � I-- Z u � W 0 0 �/ N L Z C7 I- 0 l/i � � a z In � CL \ W ` 0 o (jO p Yom. cc Q 'EC x 0 W ~ c. � WU') J iii W W C1 Zcew CL C 4 ,,,< L c n 0 z a n• ° ° -W 0 a c o o U Z t' g Li) C Z W U W d Q 2 ftd a z ° ° wo a E oc o ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9 B .•., TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Sue Filson(line#5). Route to Addressee(s) Office Initials Date (List in routing order) 1. Judy Puig GMD Planning & PP 9/25/2012 Regulation/Operations 2. Caroline Cilek GMD Planning & e7le 9/26/2012 Regulation/Operations 3. Heidi Ashton Cicko c/o Gail Bonham County Attorney Office ' 4. 5 Ian Mitchell, Supervisor, BCC Office Board of County 1f Commissioners 6. Minutes and Records Clerk of Court's Office 1,Or210 2 PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the per who created/prepared the executive summary.Primary contact information is needed in the event one of the addressees above,including Sue Filson,need to contact staff for additional or missing information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Caroline Cilek Phone Number 252-2485 Contact Agenda Date Item was September 25,2012 Agenda Item Number 9.B Approved by the BCC Type of Document Two Original Ordinances Number of Original 2 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency.(All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney.This includes signature pages from ordinances, �� resolutions,etc. signed by the County Attorney's Office and signature pages from +C contracts, agreements, etc.that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. f I' Q- 4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's °`L signature and initials are required. 5. In most cases(some contracts are an exception),the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 9/25/2012 (enter date)and all changes N/A is not • made during the meeting have been incorporated in the attached document. The AA 'L/ an option for County Attorney's Office has reviewed the changes,if applicable. line 6. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05 9B I MEMORANDUM Date: October 10, 2012 To: Carolina Cilek, Sr. Planner GMD/Zoning From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Validated Ordinance 2012-28 and 2012-39 Enclosed please find one copy of the document, as referenced above, (Agenda Item #9B), adopted by the Board of County Commissioners on September 25, 2012. If you should have any questions, please call 252-8411. Thank you. Enclosure 9B MEMORANDUM Date: October 10, 2012 To: Ernie Kerskie, Director Collier County Property Appraiser's Office From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Ordinance 2012-38 and 2012-39 Attached for your records is a copy of the document referenced above, adopted by Collier County's Board of County Commissioners on September 25, 2012. If you have any questions, please call me at 252-8411. Thank you. Attachment ORDINANCE NO. 12-38 9B 9 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.01 AGRICULTURAL ZONING DISTRICTS, SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS; CHAPTER THREE - RESOURCE PROTECTION, INCLUDING SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION, SECTION 3.05.07 PRESERVATION STANDARDS, SECTION 3.06.06 REGULATED WELLFIELDS, SECTION 3.06.07 UNREGULATED WELLFIELDS, SECTION 3.06.12 REGULATED DEVELOPMENT; CHAPTER FOUR - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.04 STANDARDS FOR CLUSTER RESIDENTIAL DESIGN, SECTION 4.02.14 DESIGN STANDARDS FOR DEVELOPMENT IN THE ST AND ACSC-ST DISTRICTS, SECTION 4.05.02 DESIGN STANDARDS, SECTION 4.05.04 PARKING SPACE REQUIREMENTS, SECTION 4.06.02 BUFFER REQUIREMENTS, SECTION 4.06.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS-OF- WAY, SECTION 4.06.04 TREES AND VEGETATION PROTECTION, SECTION 4.07.02 DESIGN REQUIREMENTS; CHAPTER FIVE - SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.03.02 FENCES AND WALLS, SECTION 5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN RESIDENTIAL DISTRICTS, SECTION 5.06.03 DEVELOPMENT STANDARDS FOR SIGNS FOR INSTITUTIONAL USES, SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS, SECTION 5.06.05 EXEMPTIONS FROM THESE REGULATIONS; CHAPTER SIX - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.02.01 GENERALLY, SECTION 6.02.03 TRANSPORTATION LEVEL OF SERVICE REQUIREMENTS, SECTION 6.06.01 STREET SYSTEM REQUIREMENTS, SECTION 6.06.02 SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS; CHAPTER NINE - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SECTION 9.03.02 REQUIREMENTS OF CONTINUATION OF NONCONFORMITIES, SECTION 9.04.02 TYPES OF VARIANCES AUTHORIZED; CHAPTER TEN - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.01.02 Page 1 of 89 Words struck-through are deleted,words underlined are added DEVELOPMENT ORDERS REQUIRED, 10.02.03 SUBMITTAL 9 P REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SECTION 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, SECTION 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENTS PLANS, SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SECTION 10.02.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, 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 10.08.00 CONDITIONAL USES PROCEDURES; APPENDIX A - STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVEMENTS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of Commissioners pursuant to Section 10.02.09 A. of the LDC; and WHEREAS, this amendment to the LDC is part of the first amendment cycle for the calendar year 2012; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on July 24, 2012 and September 11, 2012 and September 25, 2012, and did take action concerning these amendments to the LDC; and Page 2 of 89 Words struelE-thfeugh are deleted,words underlined are added 9B WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and j 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 Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular § 163.3202(1). F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b), F.S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. Page 3 of 89 Words struck through are deleted,words underlined are added ' 9 B 5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its comprehensive plan pursuant to the requirements of§ 163.3161 et seq., F.S. 7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan, or element or portion thereof shall be consistent with such comprehensive plan or element or portion thereof. 8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities , capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth Page 4 of 89 Words struck gh are deleted,words underlined are added r B :. 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 SECTION 1.08.02 DEFINITIONS Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 1.08.02 Definitions * * * * * * * * * * * * * Hazardous Product or Waste: Solid waste or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated or otherwise managed. Hazardous Product means any hazardous substance designated pursuant to 40 Code of Federal Regulations part 302, as amended or superseded. In general a hazardous product is a hazardous substance that has a reactive, ignitable, corrosive, or toxic characteristic, and if released or misused, can harm people, other living organisms, property, or the environment. Hazardous Waste shall have the meaning provided in 40 Code of Federal Regulations 261 and Florida Administrative Code 62-730, as amended or superseded. In general a hazardous waste is a waste material that has a reactive, ignitable, corrosive, or toxic characteristic, and if released or misused, can harm people, other living organisms, property, or the environment. * * * * * * * * * * * * * Kenneling:An establishment licensed to operate as a facility housing dogs, cats, or other household pets_ or-the keeping of more than 3 dogs, 6 months or older, on premiscs used for residential-purposes, or the keeping of more than 2 dogs on property used for industrial or commercial security purposes. * * * * * * * * * * * * * Page 5 of 89 Words struck through are deleted,words underlined are added 9 B Open space: Areas that are not occupied by buildings, impervious parking areas, streets, driveways or loading areas and which may be equipped or developed with amenities designed to encourage the use and enjoyment of the space either privately or by the general public. Examples of open space include: areas of preserved indigenous native vegetation; areas replanted with vegetation after construction; lawns, landscaped areas and greenways; outdoor recreational facilities; and; plazas, atriums, courtyards and other similar public spaces. Open space, common: Those areas within or related to a development, not in individually owned lots, designed and intended to be accessible to, and for the common use or enjoyment of, the residents of the development, or the general public. Open space, usable: Active or passive recreation areas such as parks, playgrounds, tennis courts, golf courses, beach frontage, waterways, lakes, lagoons, floodplains, nature trails and other similar open spaces. Usable Open space areas shall also include those portions of areas set aside for preservation of native vegetation, required yards (setbacks) and Of landscaped areas, which are accessible to and usable by residents of an individual lot, the development, or the general public. Open water area beyond the perimeter of the site, street rights-of-way, driveways, off-street parking areas, and oft ctreet loading areas, shall not be counted towards required uUsable eOpen sSpace. * * * * * * * * * * * * SUBSECTION 3.B. AMENDMENTS TO SECTION 2.03.01 AGRICULTURAL ZONING DISTRICTS Section 2.03.01 Agricultural Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.01 Agricultural Zoning Districts * * * * * * * * * * * * * B. Estate District (E). * * * * * * * * * * * * * 2. Minimum yard Requirements. See subsection 4.02.01 A. Table 2.1 for the general requirements. The following are exceptions to those requirements: a. Conforming Corner lots. Conforming corner lots, in which only one full depth setback shall be required along the shorter lot line along the street. The setback along the longer lot lien line may be reduced to 37.5 feet, so long as no right-of-way or right-of-way easement is included within the reduced front yard. (See Exhibit A) * * * * * * * * * * * * c. Nonconforming through lots, i.e. double frontage lots, legal nonconforming lots of record with double road frontage, which are nonconforming due to inadequate lot depth, in which case, the front Page 6 of 89 Words struck through are deleted,words underlined are added 19 yard along the local road portion shall be computed at the rate of 15 percent of the depth of the lot, as measured from edge of the right-of- way. The nonconforming through lot utilizing the reduced frontage shall establish the lot frontage along the local road only. Reduced frontage along a collector or arterial roadway to serve such lots is prohibited. Front yards along the local road shall be developed with structures having an average front yard with a variation of not more than six feet; no building thereafter erected shall project beyond the average line so established. d. Nonconforming lots of record, which are nonconforming due to inadequate lot width, in which case the required side yard shall be computed at the rate of ten (10) percent of the width of the lot. * * * * * * * * * * * * SUBSECTION 3.C. AMENDMENTS TO SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS Section 2.03.08 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 Rural Fringe Zoning Districts * * * * * * * * * * * * * B. Natural resource protection area overlay district (NRPA). 1. Purpose and intent. The purpose and intent of the Natural Resource Protection Area Overlay District (NRPA) is to: protect endangered or potentially endangered species by directing incompatible land uses away from their habitats; to identify large, connected, intact, and relatively unfragmented habitats, which may be important for these listed species; and to support State and Federal agencies' efforts to protect endangered or potentially endangered species and their habitats. NRPAs may include major wetland systems and regional flow-ways. These lands generally should be the focus of any federal, state, County, or private acquisition efforts. Accordingly, allowable land uses, vegetation preservation standards, development standards, and listed species protection criteria within NRPAs set forth herein are more restrictive than would otherwise be permitted in the underlying zoning district and shall to be applicable in addition to any standards that apply tin the underlying zoning district. * * * * * * * * * * * * * SUBSECTION 3.D. AMENDMENTS TO 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION Page 7 of 89 Words struck through are deleted,words underlined are added 913 Section 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation * * * * * * * * * * * * * D. Pre-existing uses. Exemptions—from—the The requirements of subsection 3.05.07F through 3.05.09 3.05.07 C shall not apply to, affect or limit the continuation of uses within the RFMUD which existed prior to June 19, 2002. No changes in location of preserves shall be required for projects identified by this exemption. 1. Such existing uses shall include: those uses for which all required permits were issued prior to June 19 2002; or projects for which a conditional use or Rezone petition has been approved by the County prior to June 19, 2002; or, land use petitions for which a completed application has been submitted and which have been determined to be vested from the requirements of the Final Order prior to June 19, 2002. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses. 2. Such previously approved development shall be deemed to be consistent with the GMP Goals, Policies and Objectives for the RFMU district, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed to be consistent with the GMP Goals, Objectives and Policies for the RFMU district as long as they do not result in an increase in development density or intensity. E. Exempt mangrove alteration projects. Mangrove alteration projects that are exempted Administrative Code 17 321.060 are exempt from preservation standards for the have been retained in satisfaction of section 3.05.07. The Collier County Environmental Advisory Council (EAC) may grant a variance to the provisions of this section if hardship. Relief shall be granted only upon demonstration by the landowner or affected that the grant of a variance will be consistent with the intent of this division and the Mangrove trimming and alteration that is exclusively governed by the State pursuant to the Mangrove Trimming and Preservation Act, Sections 403.9321 through 403.9333, F.S. Page 8 of 89 Words struck ough are deleted,words underlined are added 9B F. Except for lots on undeveloped coastal barrier islands, and any project proposing to alter mangrove trees, a vegetation removal permit for clearing 1 acre or less of land is not required for the removal of protected vegetation, other than a specimen tree on a parcel of land zoned residential, -RSF, VR, A or E, or other nonagricultural, non-sending lands, non-NRPA, noncommercial zoning districts in which single-family lots have been subdivided for single-family use only, where the following conditions have been met: 1. A building permit has been issued for the permitted principal structure (the building permit serves as the clearing permit); or 2. The permitted principal structure has been constructed, and the property owner or authorized agent is conducting the removal, and the total area that will be cleared on site does not exceed on acre. 3. All needed environmental permits or management plans have been obtained from the appropriate local, state and federal agencies. These permits may include but are not limited to permits for wetland impacts or for listed species protection. 4. Where greater vegetation protection is required in the Rural Fringe Mixed Use District, a higher native vegetation protection requirement may not allow for the full one acre of clearing. G. A vegetation removal permit is not required for the following situations: 1. Removal of protected vegetation other than a specimen tree, when a site plan and vegetation protection plans have been reviewed and approved by the County Manager or designee as part of the final development order. 2. Removal of protected vegetation from the property of a Florida licensed tree farm/nursery, where such vegetation is intended for sale in the ordinary course of the licensee's business and was planted for the described purpose. 3. Removal of protected vegetation, other than a specimen tree, by a Florida licensed land surveyor in the performance of his/her duties, provided such removal is for individual trees within a swath that is less than three (3) feet in width. 4. Removal of protected vegetation prior to building permit issuance if the conditions set forth in section 4.06.04 A. 5. Hand removal of prohibited exotic vegetation. Mechanical clearing of prohibited exotic vegetation shall require a vegetation removal permit. Mechanical clearing is defined as clearing that would impact or disturb the soil or sub-soil layers or disturb the root systems of plants below the ground. 6. After a right-of-way for an electrical transmission line or public utility distribution line has been established and constructed, a local government may not require any clearing permits for vegetation removal, maintenance, tree pruning or trimming within the established and constructed right-of-way. Trimming and pruning shall be in accordance with subsection 4.06.05 J.1- of the Code. All needed environmental permits must be obtained from the appropriate agencies Page 9 of 89 Words struck through are deleted,words underlined are added 9E and management plans must comply with agency regulations and guidelines. These may include but are not limited to permits for wetland impacts and management plans for listed species protection. 7. After a publicly owned road right-of-way has been legally secured, a local government may not require any clearing permits for vegetation removal, maintenance, tree pruning or trimming within the established road right-of-way. Trimming and pruning shall be in accordance with subsection 4.06.05 J.1- of the Code. All needed environmental permits or management plans have been obtained from the appropriate local, state and federal agencies. These permits may include but are not limited to permits for wetland impacts or for listed species protection. 8. Vegetation removal for environmental restoration projects on publically owned land designated as parks, preserves, forests or mitigation areas. State and Federal agency permits or approvals shall be required, where applicable, prior to clearing. 9. Vegetation removal to implement Preserve Management Plans and firewise safety plans that specify land management practices for clearing for fuel management or fire lines in accordance with normal forestry practices and which have been approved as part of a Preserve Management Plan pursuant to 3.05.07 H. State and Federal agency permits or approvals shall be required, where applicable, prior to clearing. * * * * * * * * * * * * * SUBSECTION 3.E. AMENDMENTS TO SECTION 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION Section 3.05.05 Criteria for Removal of Protected Vegetation, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.05.05 Criteria for Removal of Protected Vegetation The County Manager or designee may approve an application for vegetation removal permit if it is determined that reasonable efforts have been undertaken in the layout and design Native vegetation shall be retained within proposed developments where existing vegetation would be expected to survive in open space areas or buffers, where site improvements or changes in elevation are not proposed or required. A vegetation removal permit may be issued under the following conditions: * * * * * * * * * * * * * G. The proposed mangrove alteration has a DEP permit, or mcets the permitting standardG Page 10 of 89 Words struck gh are deleted,words underlined are added 9 B ,4 requirements. H-G. Removal of vegetation for approved mitigation bank sites (as defined by the Florida Administrative Code); state, federal or county approved or endorsed environmental preservation, enhancement, or restoration projects, shall be permitted. Vegetation removal permits issued under these criteria are valid for the period of time authorized by such agency permits. I-H. Vegetation relocation plan. If vegetation relocation is proposed by the applicant prior to site development plan, construction plan or other final approvals, a vegetation relocation permit (vegetation removal permit) may be issued by the County Manager or his designee provided that it can be demonstrated that early transplantation will enhance the survival of the relocated vegetation. The vegetation relocation plan shall document methods of relocation, timing of relocation, watering provisions, maintenance and other information as required by the County Manager or his designee. �I. Landscape plant removal or replacement. The removal or replacement of approved landscaping shall be done in accordance with the regulations that guide the landscape plans reviews and approvals in section 4.06.00. A vegetation removal permit will not be issued for the removal or replacement of landscape plants. That approval must be obtained through an amendment process to the landscape plan or as otherwise authorized by permit by the Collier County Landscape Architect. ICJ. Removal of vegetation for firebreaks approved by the State of Florida, Division of Forestry, shall be permitted. The width of the approved clearing shall be limited to the minimum width determined necessary by the Division of Forestry. h-K. A State or Federal permit issuance depends on data that cannot be obtained without preliminary removal of some protected vegetation. The clearing shall be minimized and shall not allow any greater impacts to the native vegetation on site than is absolutely necessary. Clearing shall be limited to areas that are outside any on-site preserves, as identified on the PUD master plan, Plat/Construction Plans or Site Development Plan. M-L. In conjunction with a Collier County approved Preserve Management Plan, native vegetation clearing may be approved only when it is to improve the native habitat or to improve listed species habitat. NM. Conservation Collier projects which may need minimal clearing for parking, pathways for walking, or structures that may not require site plan approvals. Environmental Services Review Staff approves the necessary components of the project owe allowed after the following are completed and approved: 1) final configuration completed and approved by both the environmental review staff and the county Local permits must be submitted and reviewed against the site clearing/preservation plan. This early clearing does not authorize approval for excavation, spreading fill, and Page 11 of 89 Words struck through are deleted,words underlined are added 98 accordance with section 10.02.04.4.f. If for any reason the underlying SDP or PPL is not approved, the property owner will be responsible for revegetation of the site in accordance with Section 4.06.04.A.1.a.vii. N. Early clearing as part of a final review of an SDP, SIP or PPL, in accordance with Sections 4.06.04 and 10.01.02. The following criteria shall apply. 1. Final configuration of preserves is complete. 2. Conservation easements are complete and have been recorded in the public records. 3. The site clearing/preservation plan for the SDP, SIP or PPL is approved. 4. All applicable Federal, State, and local permits have been submitted. P-O. Removal of living or dead standing vegetation with a bald eagle nest. Permits, if required, shall be provided from the Florida Fish and Wildlife Conservation Commission and U.S. Fish and Wildlife Service authorizing the removal of the nest, in accordance with state and federal permit requirements, prior to issuance of a County permit. Removal of vegetation containing an active, inactive or abandoned nest may be allowed when: 1. The vegetation is located on a single-family lot, and is located in such a manner that either: a. the principal structure cannot be constructed, or b. access to the property is impeded. 2. The protected vegetation poses an imminent threat to human safety or an adjacent principal or accessory building. 3. The vegetation is located outside of a preserve or an area used to fulfill the native vegetation preservation requirements of this Code. * * * * * * * * * * * * * SUBSECTION 3.F. AMENDMENTS TO SECTION 3.05.07 PRESERVATION STANDARDS Section 3.05.07 Preservation Standards, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.05.07 Preservation Standards * * * * * * * * * * * * * F. Wetland preservation and conservation. Page 12 of 89 Words Gtruck through are deleted,words underlined are added 9 3 3. RFMU district. Direct impacts of development within wetlands shall be limited by directing such impacts away from high quality wetlands. This shall be accomplished by adherence to the vegetation retention requirements of section 3.05.07 (C) above and the following standards: a. In order to assess the values and functions of wetlands at the time of project review, applicants shall rate the functionality of wetlands using the Unified Wetland Mitigation Assessment Method set forth in F.A.C. 62-345. For projects that have already been issued an Environmental Resource Permit by the state, the County will accept wetlands functionality assessments that are based upon the South Florida Water Management District's Wetland Rapid Assessment Procedures (WRAP), as described in Technical Publication Reg 001 (September 1997, as update August 1999). The applicant shall submit to County staff these respective assessments and the scores accepted by either the South Florida Water Management District or Florida Department of Environmental Protection. b. Wetlands documented as being utilized by listed species or serving as corridors for the movement of wildlife shall be preserved on site, regardless of whether the preservation of these wetlands exceeds the acreage required in section 3.05.07(B) C. c. Existing wetland flowways through the project shall be maintained, regardless of whether the preservation of these flowways exceeds the acreage required in section 3.05.07{C). d. Drawdowns or diversion of the ground water table shall not adversely change the hydroperiod of preserved wetlands on or offsite. Detention and control elevations shall be set to protect surrounding wetlands and be consistent with surrounding land and project control elevations and water tables. In order to meet these requirements, projects shall be designed in accordance with Sections 4.2.2.4, 6.11 and 6.12 of SFWMD's Basis of Review, January 2001. e. Single family residences shall follow the requirements contained within Section 3.05.07(F)(5) F_5. f. Preserved wetlands shall be buffered from other land uses as follows: A minimum 50-foot vegetated upland buffer adjacent to a natural water body. ii. For other wetlands a minimum 25-foot vegetated upland buffer adjacent to the wetland. iii. A structural buffer may be used in conjunction with a Page 13 of 89 Words strk-thfeugh are deleted,words underlined are added 9 6 �� vegetative buffer that would reduce the vegetative buffer width by 50%. A structural buffer shall be required adjacent to wetlands where direct impacts are allowed. A structural buffer may consist of a stem-wall, berm, or vegetative hedge with suitable fencing. iv. The buffer shall be measured landward from the approved jurisdictional line. v. The buffer zone shall consist of preserved native vegetation. Where native vegetation does not exist, native vegetation compatible with the existing soils and expected hydrologic conditions shall be planted. vi. The buffer shall be maintained free of Category invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. vii. The following land uses are considered to be compatible with wetland functions and are allowed within the buffer: (-)al Passive recreational areas, boardwalks and recreational shelters; (2) b1 Pervious nature trails; (3)cl Water management structures; (4)d1 Mitigation areas; (5)el Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses. 4. 1 Mitigation. Mitigation shall be required for direct impacts to wetlands in order to result in no net loss of wetland functions, in adherence with the following requirements and conditions: a- i Mitigation Requirements: Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or adjacent to the impacted wetland. 1 Prior to issuance of any final development order that authorizes site alteration, the applicant shall demonstrate compliance with a1 and b-abeve d) of this subsection. If agency permits have not provided mitigation consistent with this Section, Collier County will require mitigation exceeding that Page 14 of 89 Words struck ghh are deleted,words underlined are added 9 B ,,ft.1 of the jurisdictional agencies. Mitigation requirements for single-family lots shall be determined by the State and Federal agencies during their permitting process, pursuant to the requirements of Section-(5) subsection 3.05.07 F.4 below. d) Preserved or created wetland or upland vegetative communities offered as mitigation shall be placed in a conservation easement in accordance with 3.05.07 H.1.d, provide for initial removal of Category I Invasive Exotic Vegetation as defined by the Florida Exotic Pest Plant Council and provide for continual removal of exotic vegetation. b ii. Mitigation Incentives: A density bonus of 10% of the maximum allowable residential density, a 20% reduction in the required open space acreage, a 10% reduction in the required native vegetation, or a 50% reduction in required littoral zone requirements may be granted for projects that do any of the following: al Increase wetland habitat through recreation or restoration of wetland functions, of the same type found on-site, on an amount of off-site acres within the Rural Fringe Mixed Use District Sending Lands, equal to, or greater than 50% of the on-site native vegetation preservation acreage required, or 20% of the overall project size, whichever is greater; k21 Create, enhance or restore wading bird habitat to be located near wood stork, and/or other wading bird colonies, in an amount that is equal to, or greater than 50% of the on-site native vegetation preservation acreage required, or 20% of the overall project size, whichever is greater; or ++i Create, enhance or restore habitat for other listed species, in a location and amount mutually agreeable to the applicant and Collier County after consultation with the applicable jurisdictional agencies. s-: iii. EIS Provisions. When mitigation is proposed, the EIS shall demonstrate that there is no net loss in wetland functions as prescribed above. d. Exotic vegetation Removal. exotic vegetation removal shall not constitute mitigation. 5-4. Estates, rural-settlement areas, and ACSC. In the case of lands located Page 15 of 89 Words struck through are deleted,words underlined are added within Estates Designated Area, the Rural Settlement Area, 9 a ACSC, the County shall rely on the wetland jurisdictional determinations and permit requirements issued by the applicable jurisdictional agency, in accordance with the following: a. For single-family residences within Southern Golden Gate Estates or within the Big Cypress Area of Critical State Concern, the County shall require the appropriate federal and state wetland- related permits before Collier County issues a building permit. b. Outside of Southern Golden Gate Estates and the Area of Critical State Concern, Collier County shall inform applicants for individual single-family building permits that federal and state wetland permits may be required prior to construction. The County shall also notify the applicable federal and state agencies of single family building permits applications in these areas. 6-5. RLSA district. Within the RLSA District, wetlands shall be preserved pursuant to section 4.08.00. 7-6. Submerged marine habitats. The County shall protect and conserve submerged marine habitats as provided in section 5.03.06 t-.1. * * * * * * * * * * * * * H. Preserve standards. 1. Design standards. * * * * * * * * * * * * * e. Created preserves. Although the primary intent of GMP CCME Policy 6.1.1 is to retain and protect existing native vegetation, there are situations where the application of the retention requirements of this Policy is not possible. In these cases, creation or restoration of vegetation to satisfy all or a portion of the native vegetation retention requirements may be allowed. In keeping with the intent of this policy, the preservation of native vegetation off site is preferable over creation of preserves. Created Preserves shall be allowed for parcels that cannot reasonably accommodate both the required on-site preserve area and the proposed activity. Applicability. Criteria for determining when a parcel cannot reasonably accommodate both the required on-site preserve area and the proposed activity include: * * * * * * * * * * * * * (h) In the RFMU District where upland buffers required by the LDC, lack native vegetative communities. (i) Archeological/historical sites where such sites are authorized by the BCC as part of a PUD rezone, to be planted with native vegetation in accordance with the criteria herein. * * * * * * * * * * * * * Page 16 of 89 Words strut gh are deleted,words underlined are added 9B vi. Planting requirements for created preserves. Soils compatible with the habitat to be created shall be used to create the preserve. Where compatible soils are not present, a minimum of 6 to 8 inches of compatible soil shall be used. Where created preserves are approved, the planting plan shall re-create a native plant community in all three strata (ground cover, shrubs and trees), utilizing larger plant materials to more quickly re-create the lost mature vegetation. Environments which do not normally contain all three strata shall only be required to plant the strata found in the habitat to be created. Plant material shall be planted in a manner that mimics a natural plant community and shall not be maintained as landscaping. Such re- vegetation shall include the following minimum sizes: one gallon ground cover; 7 gallon shrubs; canopy trees in the following sizes: 25 percent at 10 feet, 50 percent at 8 feet and 25 percent at 6 feet. Spacing requirements for calculating the number of plants shall be as follows: 20 to 30 foot on center for trees with a small canopy (less than 30 feet mature spread) and 40 to 50 foot on center for trees with a large canopy (greater than 30 feet mature spread), 10 foot on center for shrubs, 3 foot on center for ground covers which spread by rhizomes or creeping stems or which have a mature height of 2 feet or more, excluding the bloom, and 2 foot on center for ground covers with a mature height of less than 2 feet, excluding the bloom, and which reproduce primarily by seed. Minimum sizes for plant material may be reduced for scrub and other xeric habitats in order to promote diversity or where smaller size plant material is better suited for re- establishment of the native plant community. Coverage of pine and hardwoods in scrub habitats shall occupy no more than 70% of the area of a scrub preserve, in order to create natural open areas for wildlife and native ground covers. In south Florida slash pine dominated environments, where fire is a concern, the amount of mid- story vegetation planted may be reduced to promote the growth of native ground covers, reduce the threat of wildfire and to promote use of the preserve by listed species. Three gallon container saw palmetto (Serenoa repens) may be used in lieu of seven gallon containers. South Florida slash pine (Pinus elliottii var. densa) trees may be planted in the following sizes: 25 percent at 6 feet and 75 percent at 4 feet, with a spacing requirement of 40 feet on center for calculating the number of slash pines to be planted. Page 17 of 89 Words struck through are deleted,words underlined are added ' 9 B. Mangrove trees may be planted as three gallon size containers but must be planted a minimum of five to seven foot on center for calculating the number of mangroves to be planted, if planted at this size. Ground covers in estuarine and other aquatic environments may be planted as liners or bare root plants. Where archeological/historical sites are counted towards the minimum native vegetation retention requirement and where such sites have no native vegetation or the native vegetation is authorized to be cleared and excavated by the BCC as part of a PUD rezone, these sites shall be re- vegetated with native vegetation similar to or compatible with the native vegetation in the preserve or on the archeological/historical site. Re-vegetation shall only be with ground covers in one-gallon containers unless otherwise approved by the BCC. Upland or seasonally wet preserves with extended dry periods shall detail a method of providing water until the plants are established. * * * * * * * * * * * * * SUBSECTION 3.G. AMENDMENTS TO SECTION 3.06.06 REGULATED WELLFIELDS Section 3.06.06 Regulated Wellfields, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.06.06 Regulated Wellfields The following wellfield risk management special treatment overlay zones, as defined in section 3.06.03, and criteria specified herein shall be applied to the following wellfields: A. City of Naples East Golden Gate Well Field. B. City of Naples Coastal Ridge Well Field. C. Collier County Utilities Golden Gate Well Field. D. Everglades City Well Field. E. Florida Governmental Utility Authority Golden Gate City Well Field. Page 18 of 89 Words struck through are deleted,words underlined are added 9B F. Orange Tree Well Field. G. Immokalee Well Field. H. Ave Maria Utility Company Well Field. I. Port of the Islands Well Field. (remainder of this page purposely left blank) Page 19 of 89 Words struck gh are deleted, words underlined are added ` 9B CITY OF NAPLES EAST GOLDEN GATE WELL FIELD at Mu,ROAD(CL 11511) ` at LW.ROAD(CR.IU) ■ II :I _..... ...... r. ...... .......... 1. i 27 -t - � II 36 JF ]Y S fj 4 r; 4F �I i 1 6c LiCN It D tEV r ,�� il! r Dt1�DEE s'.9MD' : i IM mumuntireammins_ i____ it--,. . 10 1 N F! 13 all WOOF FA -4-..pa,-- Page 20 of 89 Words struck through are deleted,words underlined are added , 98 North 1 13 18 17 16 15 OR WELL ROAD CR 7 24 19 20 21 22 RANOALL BOULEVARD ill AP` 1, BTA�. 25 30 11611141� 27 . srnr-, STAVa 36 31 34 ST,W., 1 l/tsvW %_Brava f��S 1 BTAVa .lCl'\ 3 GOLDEN GATE BDU *\�� \ �' � sTnv, sT a 12 t - IhI n10 13 IhtIi 15 li v • 19 iii 20 24 22 30 29 28 25 27 I Me Illustration 3.06.06 A. For more information, refer to the Collier County Zoning Map at http://www.collierclov.net/Index.aspx?page=992 Page 21 of 89 Words struck through are deleted,words underlined are added r CITY OF NAPLES 7' D COASTAL RIDGE WELL FIELD ` 5 1gMpERdrt)Bf:S:lr 'a a•�, i 35 } • 36 4 311 .Y \, -' II iL111!!Illl 01 41:r1 Pl,Ai i/1. ( •( '-Nc- . ii , .{ 1 b '1 '/ `—` i 1 / 9 I 1..) , ,5,. .._ ..e. ., 1 '( IL ,,:., i: : t - i . 6a A-rL F, ) L • qt I'1 F: o fr 9 :10 •`, I t 11 _ 12 ur II I( y ',: UG�ROAD L. (G.K. 96) + t 16 /�y((tff', " ! .i t" `- . l `j eta• 1 "I �5.� 5G.r4 P4 I _ 6't •r; ... { ' r Le d i - 1-- I.. , I r r —r- i — {C,R +29 ,..1. ; .1l27 LDEN TE PARY.WAY ..... .._. -- 30 ..._ I.. JJJ J.. 1 in , J.i . , 1 1 1't ,...10,,,..,4,,.;', .J ':..;,14 33 •P tt:k , 34 5 ' ,MS ti I I7 ,i I NAPLES •y RA010 ROA 4.. ,R, I II 5 1 •11 - AIRPORT ��1 Page 22 of 89 Words struck through are deleted,words underlined are added 9B North 17 W I 8D182 Oak. a t\Eil ;TTP; sg..- 6- ViIfl_ PINE RIDGE ROAD• 2. 1 r=1 '- F� 16 4 SW 14 13 18 OW-ST3 23 Z 24 19 it I snlwa err., ril 26 25 30 N 11 AMAIIIINFAIIIII ■ W4 5. 1r36 BTAYa .rN1 31 RADIO ROAD 4 i 3 2 1 6 Illustration 3.06.06 B. For more detailed information, refer to the Collier County Zoning Map at http://www.colliergoy.net/Index.aspx?page=992 Page 23 of 89 Words struck gh are deleted,words underlined are added COLLIER COUNTY UTILITIES 9 13 GOLDEN GATE WELL FIELD C.R.858 71 1 22 23 21 -9 22 23 24 19 27 RANDALL BOULEVARD 1 IMMOKALEE ROAD I 2/ 76 75 30 79 78 27 III 26 II LS 30 I I I 1 I I 3 I I 34 36 31 32 3, 4 I 36 31 I II 1 I O_ I w ST., --- II 1 1 WO ST/W-2 3 1 STAY-3 g b q I 2 I 1 6 \� STAN-4 GOLDEN GATE BOULEVARD I III III ` V W 111096____ j 10 -1 12 7 ■ W � � `rt D svw-1 Aliellik n 17 15 14 1.3 18 17 ST/W-2 14 IS 18 Wit -.. o vo 5T,1N•1 – – < 22 23 74 19 ST,WP �• 2 O STIw-9 '23 c m STIW-4 19 m 0 L' a 27 26 25 30 29 26 27 26 25 30 35 36 Zl 32 33 34 35 INTERSTATE-75 36 31 . ..._— ALLIGATOR LLEV(5.R.84) 3 2 i 6 4 3 2 1 i 1 6 I I Page 24 of 89 Words struck through are deleted, words underlined are added 9 8 All 13 18 North IB 15 14 13 III 17 C .858 III STAYi 24 79 21 22 23 24 19 , ..• •'1 i INMOKALEE ROAD ' �� SDW-7 BTNA1 (C.R 848) 5 27 26 25 iUL126 y r �� �\S'/� yl Qf/YV0 31 r! STAY4t�t kl � �j di er STA N STAY!3 1 �� 8 I 6 GATE BOULEVARD 10 17 12 ar 1 _,_�ce U ' 12 7[11 III I IN 11111711 Vii/15 13 fi _ �� d STAN 1 22 23 24 19ST""S / 4 19 STIW.4 ®'• 4 STAY4 Nald MO , ..iiili 27 26 25 30 29 30 rn -35 36 31 3J 34 34 3t .- I ',TATE-75 ALLIGATOR A (RR 8 25 3 2 1 6 K 5 4 3 2 1 6 L1 1 Mb Illustration 3.06.06 C. For more detailed information, refer to the Collier County Zoning Map at http://vvww.colliergov.net/Index.aspx?page=992 Page 25 of 89 Words struck through are deleted,words underlined are added EVERGLADES CITY 9 B WELL FIELD 1'3 :tom .31 .2:. JAN s SCENIC,__ _._.- p4 1 S J a \ ( ,! ''' ) 7 f----7-"7- 1 North 1 35 36 31 32 2 dir 5 svw+ sane rP am 11 "A" ` 7 8 14 13 18 17 1 Mb O. •Illustration 3.06.06 D. For more information, refer to the Collier County Zoning Map at http://www.collierclov.net/Index.aspx?page=992 Page 26 of 89 Words struck through are deleted,words underlined are added ' 98 FLORIDA GOVERNMENTAL UTILITY AUTHORITY GOLDEN GATE CITY WELL FIELD 21 72 23 24 °m ■ .=, s J - /1144 ,,,, P re;6 25 ST,,W-1 ST/ •I ST/W-3 STAN-4 NVJFasrgr•75 _ 36 33 s4 J --- PP! ROE Rao NOhh I15 14 13 Mill 17 16 ( GR�R EO EVARU I' 1 20 21 23 24,,, ,.. ,.. .,_ .ik P i- 1 _ :n:,L�. ,T,....29 4 29 26 25 35 36-"MI' 32 3.5 34 4 ,"wo Illustration 3.06.06 E. For more detailed information, refer to the Collier County Zoning Map at www.colliergov.net/Index.aspx?page=992 Page 27 of 89 Words struck through are deleted,words underlined are added 9B ORANGE TREE WELL FIELD $T W.1 ST W 2 ST W. .., ST:W I ,�1 .ST W.g ST WA . / �. $T W.3 Pj ,Nat ROAD reply ST w 1 ST W4 [ RANDALLSCwte.ARD North 10 11 Art 7 srm.t BT/W4 arrive 13 18 15 arms arm-1 It 1i- arms arm. �� of WELL ROAD sAB arms arm. BT/W4 3 1 24 19 22 RANDALL BOULEVARD , Mil Illustration 3.06.06 F. For more detailed information, refer to the Collier County Zoning Map at http://www.colliergov.net/Index.aspx?page=992 Page 28 of 89 Words struck through are deleted,words underlined are added 19B IMMOKALEE WELL FIELD A \ 12 63 y 2i 22 2.1 ■ 3D 1 24 27 26 il 2 fi) i' J1ll ,1 • CAR i __ . ii • (11- ,i.:.)• , : t: 11 . ,, , , \`-- "r 1 X32 �. 33.. \` 1 I ` C, r t vStt.wl 1 � i is-: AH �: J r. - I 1 kr ' II: y 1 ! ,'t,: ..,�4: i sk ____ p :::?,,,,,, \At If Z.1 . „.........._.4) . ,.,., ..1 , Page 29 of 89 Words stru^LRough are deleted, words underlined are added 9B North 7 sR a2 8 9 10 11 18 17 16 15 14 11\ 19 i 20 21 22 23 1 1/ ill 26 30 29 la ti I_ 41��� ' 1 Er) 35 M n' ORO A 51W-I r , SLW4 '�t ;/ BT/WJ \ � 8T1N!•1 ` Al C.R.618 2 6 WIlliW, 1 51W1 7 STrw-s . 4 9 . 10 11 4 B7 9TMA4 Ind ; 1Mile Illustration 3.06.06 G. For more information, refer to the Collier County Zoning Map at http://www.colliergoy.net/Index.aspx?pacie=992 Page 30 of 89 Words struok-thfough are deleted,words underlined are added ` 98 AVE MARIA UTILITY COMPANY WELL FIELD '9 20 2' 22 24 IMMOKALEE ROAD 1- -- Su 29 28 27 75 l I II I I I ST/W 4 \' II I I j I 1 36 I I 31 I 32 I SS 3 4 I I I I I I I I I I I ST/W-1 ST/W-2 ST/W-3 6 5 4 3 ST/W-1- �` STiW 1 ST/W `14 wierem ST/W-1 SIIW-1 NM ST/W-2 ST:W-2 , �� ST/W-3 J 12 /STPN-3 �siAars ST/W-4 `' ST/W-1 �� SThV-2 ST/W-4 Si` STW-4 ■ w-oppr ST/W2 ST/W-3 I NI ST/W-4 13 "8 1/ 16 OIL WELL ROAD Page 31 of 89 Words struck through are deleted,words underlined are added 9B North 24 19 20 21 22 eAMOKALEE ROAD 25 30 29 28 27 36 31 32 33 34 1 1 • 6 4 3 1 STIW-1 10.1111.11at &TA WE 12 7 sTnw1T • 9 10 BLW-1 ��� $T/Wi 9TZW4 � 1 sTma 11111 fP) 13 18 17 16 15 OIL WELL ROAD C.R B68 24 19 20 21 22 1 Mlle Illustration 3.06.06 H. For more detailed information, refer to the Collier County Zoning Map at wvvw.colliergov.net/Index.aspx?page=992 Page 32 of 89 Words struck through are deleted, words underlined are added ► 9B i PORT OF THE ISLANDS WELL FIELD North 21 22 23 24 19 I 28 27 25 30 26 33 erica, 36 31 anwa 5 W4 hitt:Sabi* 4 3 2 1 6 TAMA N T 9 10 11 12 7 1 Mb Illustration 3.06.06 I. For more detailed information, refer to the Collier County Zoning Map at www.colliergoy.net/Index.aspx?page=992 * * * * * * * * * * * * Page 33 of 89 Words .-' ^' gh are deleted,words underlined are added 9B SUBSECTION 3.H. AMENDMENTS TO SECTION 3.06.07 UNREGULATED WELLFIELDS Section 3.06.07 Unregulated Wellfields, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.06.07 Unregulated Wellfields Welifield risk management special treatment overlay zones, as defined in section 3.06.03 and * * * * * * * * * * * * * SUBSECTION 3.1. AMENDMENTS TO SECTION 3.06.12 REGULATED DEVELOPMENT Section 3.06.12 Regulated Development, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.06.12 Regulated Development * * * * * * * * * * * * * Existing and future nonresidential use, handling, storage, generation, transport, or processing of hazardous products. 1. In zones W-1, W-2, and W-3, future nonresidential development and the continued operation or use of existing nonresidential development, which, at any point in time, uses, handles, stores, generates, transports, or processes hazardous products that are not gaseous at 105 degrees Fahrenheit and ambient pressure, and are not in quantities that exceed 250 gallons for liquids or 1,000 pounds for solids, shall be allowed pursuant to the owner and/or operator of such development obtaining a certificate to operate issued by the County. The certificate to operate shall incorporate the following conditions: * * * * * * * * * * * * * e. Upon discovery of any discharge or accidental release, implementation of a detailed contingency plan, approved by the county manager, which shall describe the actions to be taken by the owner and/or operator in the event of a discharge or accidental release of a hazardous product under this section;. Actions shall include first response steps to control and prohibit the discharge or accidental release of the hazardous product; remedial actions consistent with applicable state and federal laws; and proper disposal of the hazardous product. Emergency telephone numbers shall be provided for local and state response units, and the owner and/or operator's designated emergency response personnel. The plan shall demonstrate compliance with the applicable state and federal regulations. The County shall provide forms for reporting of discharges or accidental releases. Page 34 of 89 Words struck-through are deleted,words underlined are added ' 96 * * * * * * * * * * * * * SUBSECTION 3.J. 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: 4.02.01 Dimensional Standards for Principle Principal 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. Table 1. Lot Design Requirements for Principle Principal Uses in Base Zoning Districts. * * * * * * * * * * * * Table 2. Building Dimension Standards for Principle Principal Uses in Base Zoning Districts. * * * * * * * * * * * * B. Usable eOpen space requirements. Usable open space shall be provided as follows, except as required in the Rural Fringe Mixed Use District within the Future Land Use Element of the Growth Management Plan. shall include active and passive recreation areas such as playgrounds, golf courses, beach frontage, waterways, lagoons, flood plains, nature trails, and other similar open spaces. Open space areas shall also include those areas set aside for preservation of native vegetation and landscaped ar as. Open water area beyond the perimeter of the site, street rights of way, 1. In residential developments, at least sixty--(60) percent of the gross area shall be devoted to usable open space. This requirement shall not apply to individual single-family lots less than 2.5 acres in size. 2. In developments of commercial, industrial and mixed use including residential, at least thirty (30) percent of the gross area shall be devoted to usable open space. This requirement shall not apply to individual parcels less than five {5} acres in size. 3. Historical/archaeological resources that are to be preserved may be utilized to satisfy required setbacks, buffer strips or open space up to the maximum area required by development regulations. Conservation of such historic or archaeological resources shall qualify for any open space requirements mandated by the development regulations. * * * * * * * * * * * * * Page 35 of 89 Words struck are deleted,words underlined are added 9 D. Exemptions and exclusions from design standards. ' B * * * * * * * * * * * * * 9. Fences, walls and hedges, subject to section 5.03.02, ground {slab on grade) mounted air conditioners, unenclosed pool equipment and well pumps, are permitted in required yards, subject to the provisions of section 4.06.00. This includes air conditioners that are ground mounted and those required to be elevated to meet flood elevation, including their supporting structures, provided the minimum separation of structures is maintained. - -- - -- -••- -- - generator setbacks see Article IV, section 51 87 of the Collier County Code of Laws and Ordinances.) * * * * * * * * * * * * SUBSECTION 3.K. AMENDMENTS TO SECTION 4.02.04 STANDARDS FOR CLUSTER RESIDENTIAL DESIGN Section 4.02.04 Standards for Cluster Residential Design, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.04 Standards for Cluster Residential Design * * * * * * * * * * * * * Table 5. Table of Design Standards for Cluster Development Design Standard Minimum lot area per single-family unit 3,000 sq. ft. Minimum lot width Cul-de-sac lots 20 feet All other lots 40 feet Minimum setbacks Front yard 20 feet front entry garage side entry garage 10 feet Side yards zero lot line on one side 10 feet remaining side no zero lot line 5 feet each side Rear yard principle principal structure 10 feet accessory structure 3 feet * * * * * * * * * * * * * Page 36 of 89 Words struck through are deleted,words underlined are added 9B SUBSECTION 3.L. AMENDMENTS TO SECTION 4.02.14 DESIGN STANDARDS FOR DEVELOPMENT IN THE ST AND ACSC{ST DISTRICTS Section 4.02.14 Design Standards for Development in the ST and ACSC-ST Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.14 - Design Standards for Development in the ST and ACSC-ST Districts A. All development orders issued within the Big Cypress Area of Critical State Concern Special Treatment Overlay (ACSC-STI area shall comply with the Florida Administrative Code, as amended, Boundary and Regulations for the Big Cypress Area of Critical State Concern. B. All development orders issued for projects within the Big Cypress Ar a of Critical Statc Concern ACSC-ST shall be transmitted to the State of Florida, Department of Community Affairs Economic Opportunity, for review with the potential for appeal to the administration commission pursuant to Florida Administrative Code, development order Requirements for Areas of Critical State Concern. C. Site alteration within the ACSC-ST. * * * * * * * * * * * * 5. Fill areas and related dredge or borrow ponds shall be aligned substantially in the direction of local surface water flows and shall be separated from other fill areas and ponds by unaltered areas of vegetation of comparable size. Dredge or borrow ponds shall provide for the release of stormwaters as sheet flow from the downstream end into unaltered areas of vegetation. aAccess roads to and between fill areas shall provide for the passage of water in a manner approximating the natural flow regime and designed to accommodate the fifty (50)-year storm. Fill areas and related ponds shall not substantially retain or divert the tidal flow in or to a slough or strand or significantly impede tidal action in any portion of the estuarine zone. * * * * * * * * * * * * * D. Port of the Islands, Copeland, and Plantation Island . Port of the Islands, Copeland, and Plantation Island are developments located within the urban designated area Urban Designated Area, but are also located totally within the Big Cypress Area of Critical State Concern. A portion of the Port of the Islands development was determined "vested" by the State of Florida, thus exempting it from the requirements of F.S. ch. 380, F.S. There is an existing development agreement between Port of the Islands, Inc., and the State of Florida, Department of Community Affairs, d-_- • ••-• . -=•••• - - • dated July 2, 1985, which regulates land uses at Port of the Islands. Development development within Port of the Islands shall be regulated by the development agreement and the residential density and commercial intensities shall not exceed that permitted under zoning at time of adoption of the GMP. Development within the urban designated ar as Urban Designated Areas of Copeland and Plantation Island shall be -e•"- - - - - - --•• • - • - approval reviewed and approved administratively by the County Manager or his Page 37 of 89 Words struck gh are deleted,words underlined are added . 9B designee for compliance with Area of Critical State Concern regulations. Development wil•I within the Urban Designated Areas of Copeland and Plantation Island shall not be required to go through the process of filing a petition for site alteration or site development plan approval, pursuant to section 4.02.14 G, and not be required to follow the procedures for site alteration plan or site development plan approval pursuant to 4.02.14 E, 4.02.14 F.2 and 4.02.14 F.3. This does not exempt site development plans required in section 10.02.03 development orders required pursuant to Chapter 10 of the Code. There is also an agreement for Plantation Island, between the Board of County Commissioners and the Department of Community Affairs, to allow site alteration, including dredging and filling of up to 2,500 square feet, regardless of the predevelopment vegetation. This Agreement is recorded in the Official Records, Book 3788, Page 3788, in the public records of Collier County. E. Site alteration plan or site development plan approval required. Prior to the clearing, alteration, or development of any land designated ST or ACSC-ST, the property owners or his theft legally designated agent shall apply for and receive approval of a site alteration plan or site development plan, as the case may be, by the BCC as provided in section 4.02.14 F-Lbelow�. F. Procedures for site alteration plan or site development plan approval for development in ST or ACSC-ST designated land. 1. Preapplication conference. Prior to filing a petition for site alteration or site development approval of ST or ACSC-ST land, the petitioner shall request and hold a preapplication conference with the planning services director and appropriate county staff County Manager or designee. The preapplication conference is for the purpose of guidance and information, and for ensuring insofar as is possible, that the petition is in conformity with these regulations. No formal processing until the planning services director has reviewed the petition to where-a-piarepri ate, 2. Review and recommendation by : - •- - - - - -- = , • - - -- ••• -- -• _ • _ ._ . _ ._- •." the County Manager or designee, Planning Commission and Environmental Advisory Council. The site alteration plan or site development plan shall be submitted to the County Manager or designee who shall have it reviewed by the appropriate county staff. The planning services director County Manager or designee shall then forward the site alteration plan or site development plan and the county staff recommendations to the Planning Commission (CCPC) and the environmental advisory council Environmental Advisory Council (EAC) for review and recommendation. Neither the planning commission nor the Hearings before the CCPC and EAC - - - -- - - -- - - •-- •e are not required to be legally advertised and not required to provide no notice to the abutting property owners, but shall be held in a regular meeting. commission and EAC recommendations and county staff recommendations Recommendations from the CCPC, EAC and staff shall be forwarded to the BCC for final action. Page 38 of 89 Words struck through are deleted,words underlined are added ' 9B 3. Final action by • - : • -:•••• - •- - Board of County Commissioners (BCC). Final action on the site alteration plan or site development plan lies with the BCC. The board BCC shall review the proposed site alteration plan or site development plan in a regular cession meeting and shall act formally by resolution stipulating reasons for approval, or approval with modification, or denial of the site alteration plan or development plan. 4. Other permits required. The petitioner may at any time during the county review process apply for the appropriate local, state and federal permits for the alteration or development of the subject property. 5. Commencement of site alteration or site development. Upon obtaining all required local, state and federal permits in order to alter or develop the subject property, the petitioner may commence alteration or development in accordance with the conditions and requirements of said permits. G. Submission requirements for site alteration plan or site development plan approval for development in ST or ACSC-ST designated land. The following shall be submitted in a petition for site alteration or site development approval of ST or ACSC-ST land, where applicable: 1. - - - ' - - - - - -- - - - - - - - - - containing the following as determined applicable to the petition by the planning services-di-rector a. Title of the project. b. Names of the project planner and developer. c. Date. d. North directional arrow. watercourses or easements within or adjacent to the proposed on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the county, otherwise, a scale of at least one -- -- - . .. -- ----- - - -• - - - - - -- - --- - - -- truthing surveys shall have precedence over information presented on shorelines and/or undeveloped or developed coastal barriers habitat identification shall comply with the siting criteria in accordance with chapter 10 of this Code. f. Location of all proposed buildings and structures with dimension& Page 39 of 89 Words struck through are deleted,words underlined are added g. Access and traffic flow plan. 9 R -• I. Proposed screening and buffering. j. Refuse collection area and solid waste. k. Access to utilities and points of utilities hookups. I. Location for beach access as required the Beach Access Ordinance No. 76 20 [Code ch. 146, art. Ill] or its successor in function. The above items shall be prepared by a Florida registered surveyor, engineer, or appropriate to the particular item. Submission requirements pursuant to 10.02.00 and 10.08.00, as applicable. 2. - -- - - - - - - - -- '- - - - -- - - _- _-- __- -- -_ structures and impervious surface coverage. Locations for beach access as required the Beach Access Ordinance No. 76-20 (Code ch. 146, art. 1111 or its successor in function. 3. dwelling units, sizes, and types, together with typical floor plans of each type. Document that the project is consistent with 3.03.00 and the Objectives and Policies in Goal 10 of the Conservation and Coastal Management Element of the GMP. 4. Computation sheet including the following data: a. Lot ar b. Totally enclosed area of each floor. c. Number and floor area of units by type. e. vegetatien c. Parking area. f. Number of parking spaces. g. Indoor and outdoor recreation areas. • - - - - - -- - - - - -e - - - - - -- i. Storm drainage and sanitary sewage plans. Page 40 of 89 Words struck gh are deleted,words underlined are added 9B j. Plans for signs, if any. k. Such additional data as the planning services director may believe is surveyor, engineer, or architect or practicing land planner or environmental consultant as may be appropriate to the particular item. 1. Transfer of development rights data required in section /1.02.14 J. data as required by the LDC. n. The developer shall be subject to Chapter 3, tree/vegetation removal regulations, in existence at the time of permitting, requiring a tree removal the planning services director for his review and subject to approval in phases to coincide with the development schedule. The site clearing be a consideration of the land use. County Code of Laws and Ordinances, if applicable. p. A development of regional impact review as required by F.S. § 380.06, as amended, if applicable. q. An appropriate protected species survey using methodology of the Florida game and freshwater fish-Gem-m-ission shall be required. An appropriate protected species survey should include considerations for species r. All exotic plants as defined in section 1.08.02 shall be removed during and preserve areas. Following site development, a maintenance program shall be implemented to prevent reinvasion of the site by exotic planning services director in accordance with the standards established in Chapter 3. H. Exceptions from public hearing requirements. The planning services director County Manager or designee may administratively approve a site alteration plan or site development plan for land designated ST or ACSC-ST without the public hearing otherwise required by this section if: Page 41 of 89 Words struck through are deleted,words underlined are added 9B 1. The area of the proposed alteration or development is five ',(5) acres or less in gross area; there are no transfer of development rights involved, and the following conditions, where applicable, exist: a. The proposed site alteration or site development will occur on land that was lawfully cleared and no more than ten percent of the cleared lands have re-grown with native vegetation. b. Where the proposed alteration or development involves a single-family principal structure or the renovation or replacement of a single-family structure and the proposed site alteration or site development plan will not require any significant modification of topography, drainage, flora, or fauna on the site. "Significant modification" shall mean modification greater than 15 percent of the site. c. No pollutants will be discharged from the area that will further degrade the air, water or soil below the levels existing at the time of application. d. Water management berms and structures proposed for the protection and/or enhancement of the ST areas will meet the minimum dimensions permitted by the South Florida Water Management District. 2. Temporary site alteration for oil and gas geophysical surveys and testing. "Temporary site" alteration shall mean only those alterations involving and cutting of vegetation for surveys and equipment entry, drill shot holes not exceeding six inches in diameter and rutting associated with vehicle access. Trimming of vegetation for access routes shall be kept to the minimum width necessary for surveying and testing. The site shall be restored as required by federal, state and county permits within 90 days of t-Ile the start of the project. 3. Where a A conditional use has been approved., - - - • - • e• •••• - been granted pursuant to section 10.02.02 of this Code. 4. Site alteration or site development around existing communication towers to expand or construct accessory structures associated with an already existing tower, not to exceed five acres. 5. All other site alteration or site development plan approvals of any size shall be as required to comply with the provisions in sections 4.02.14 D., E- and F-, as applicable. Exemptions. The following activities shall be exempt from the requirements of section 4.02.14 E- and F. 1. Removal and control of exotic vegetation as defined in Chapter 3 of this Code. 2. Prescribed fires and associated firebreaks as approved by the Florida Department of Forestry. 3. Removal of non-native vegetation pursuant to Chapter 3 of this Code. Page 42 of 89 Words struck T are deleted, words underlined are added "ee _ _ - _ - _ e- _ _ _ - e- - _ _ •-- _ _ _ _ • - 9B if for a new petition. * * * * * * * * * * * * * 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: 4.05.02 Design Standards * * * * * * * * * * * * * B. Parking lots and spaces shall meet the following standards: 1. Be surfaced with asphalt, bituminous, concrete or dustless material and maintained in smooth, well graded condition. Upon approval of the County Manager or designee, a suitable material (lime rock excluded) with a suitable stabilized cubgradc may be substituted for the above materials. 2. Up to seventy (70%) percent of the parking spaces for houses of worship and designee determines that the paving of some or all parking spaces for houses of paved. 3. Spaces that are not paved shall be compacted, stabilized, well drained and surfaced with a durable grass cover. 4. ' - - - B. Parking lots and spaces shall meet the following surfacing standards: 1. Be surfaced with asphalt, bituminous, concrete or dustless material and maintained in smooth, well-graded condition. Upon approval of the County Manager or designee, a suitable material (lime rock excluded) with a suitable stabilized subgrade may be substituted for the above materials. Driveways, handicapped spaces, and access aisles shall be paved. a. Grass Parking Spaces. Grass parking spaces may be used to satisfy the required off-street requirements of Section 4.05.04 in the following circumstances: Page 43 of 89 Words struck through are deleted,words underlined are added Grass parking spaces shall be compacted, stabilized, well drained and surfaced with a durable and maintained grass cover. Driveways, handicapped spaces, and access aisles shall be paved. ii. Grass parking spaces in excess of 15 percent of the total required off-street parking shall be considered as an impervious surface in water management calculations for quality and quantity standards per the South Florida Water Management District and Collier County regulations. iii. Up to 70 percent of the parking spaces for houses of worship and schools may be surfaced with grass or lawn, when the County Manager or designee determines that the paving of some or all parking spaces for houses of worship and schools will have significant negative environmental impacts. iv. Parking lots in excess of 200 parking spaces may surface 15 percent of the required off-street parking spaces in grass. Such grass parking spaces shall be located along the outlying perimeter of the parking lot. b. Re-establishment of paved parking. If in the opinion of the County Manager or designee, the grass parking spaces create an unsafe condition as evidenced by documented injuries or accidents, then the owner of any property may be required to replace some or all of the grass parking spaces with improved parking spaces that meet the standards of B.1 above upon receipt of written notice from the County. * * * * * * * * * * * * * SUBSECTION 3.N. AMENDMENTS TO SECTION 4.05.04 PARKING SPACE REQUIREMENTS Section 4.05.04 Parking Space Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.05.04 Parking Space Requirements * * * * * * * * * * * * *•.- - - - - - - - -- - - - - - " -- - --- - - •• spaces shall be located along the outlying perimeter of the parking lot. Page 44 of 89 Words struck through are deleted,words underlined are added 9B D. Required off-street parking shall be located so that no automotive vehicle when parked shall have any portion of such vehicle overhanging or encroaching on public right-of- way or the property of another. If necessary, wheel stops or barriers may be required in order to enforce this provision. E. Required off-street parking according to the requirements of this Code shall not be reduced in area or changed to any other use unless the permitted or permissible use that it serves is discontinued or modified, or equivalent required off-street parking is provided meeting the requirements of this Code. F. Minimum requirement. 1. Irrespective of any other requirement of this LDC, each and every separate individual store, office, or other business shall be provided with at least one (1) off-street parking space, unless specific provision is made to the contrary. 2. The County Manager or designee may determine the minimum parking requirements for a use which is not specifically referenced below or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in this LDC should not be applied. In making such a determination the County Manager or designee may require submission of parking generation studies; evidence of parking ratios applied by other counties and municipalities for the specific use; reserved parking pursuant to section 4.05.05; and other conditions and safeguards deemed to be appropriate to protect the public health, safety and welfare. I-G. Spaces required. * * * * * * * * * * * * * SUBSECTION 3.0. 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 A. Applicability of buffer requirements. The buffering and screening shown in table 2.4 below shall be required under this section and shall apply to all new development. Existing landscaping which does not comply with the provisions of this section shall be brought into conformity to the maximum extent possible when: the vehicular use area is altered or expanded lexcept for restriping of lots/drivesl, the building square footage is changed, or there has been a discontinuance of use for a period of 1 year 60 consecutive days or more and a request for an occupational license to resume business is made. Subdivisions or Developments shall be buffered for the protection of property owners from land uses as required pursuant to this section 4.06.00. buffers Buffers shall not Page 45 of 89 Words struck through are deleted,words underlined are added 9B inhibit pedestrian circulation between adjacent commercial land uses. buffers Buffers shall be installed during construction as follows and in accordance with this section 4.06.00: * * * * * * * * * * * * * C. Table of buffer yards. Types of buffers. Within a required buffer strip, the following alternative shall be used based on the matrix in table 2.4. * * * * * * * * * * * * * Table 2.4 Table of Buffer Requirements by Land Use Classifications Adjacent Properties Zoning District and/or Property Use Subject Property's District/Use 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1. Agriculture (A1) - B B B B B A A AA D A - A 2. Residential (E, RSF) single-family A A B B B B B C B * D B - C 3. Residential (RMF-6, RMF-12, RMF-16) multifamily AB A A A B B B B ` D B - C 4. Residential tourist (RT) A B A A B B A B B * D B - B 5. Village residential (VR) A A B B A B B B B * D B - B 6. Mobile home (MH) A B B B B A B B B * D B B B 7. Commercial' (C-1, C-1/T, C-2, C-3, C-4, C-5); A B B B B B A A A * D B B B Business Park (BP) 8. Industrial' (I) A C B B B B A A2 A * D B B B 9. Public use (P), community facility (CF), Golf Course AB BB B B AA A * D B - C Clubhouse, Amenity Center 10. Planned unit development (PUD) * * * * * * * * * * D * * * 1 1. Vehicular rights-of-way D D D D D D D D DD - B - D 1 2. Golf course maintenance building 6 6 6 6 6 6 6 6 BB B A B C 13. Golf course - - - B - C 14. Automobile service station A C C B B B B B C * D C C D Buffering in agriculture (A) districts shall be applicable at the time of site development plan (SDP) submittal. 2 Industrial (I) zoned property, where abutting industrial (I) zoned property, shall be required to install a minimum 5-foot-wide type A landscape buffer adjacent to the side and rear property Iines.ThiG The buffer 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. Abutting industrial zoned properties may remove a side or rear buffer along the shared property line in accordance with Section 4.06.02 C.7. This exception to buffers shall not apply to buffers abutting to vehicular rights-of-way. Page 46 of 89 Words struck through are deleted,words underlined are added 9B 3 Buffer areas between commercial outparcels located within a shopping center, Business Park, or similar commercial development may have a shared buffer 15 feet wide with each adjacent abutting property contributing 7.5 feet. The outparcels may remove a side or rear buffer along the shared property line between comparable uses within the same zoning designation in accordance with Section 4.06.02 C.7. This doc, These provisions shall not apply to right-of- way buffers. * * * * * * * * * * * * * 6. 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. 7. Joint Project Plan. Abutting platted parcels may submit a joint project plan to remove one side or rear landscape buffer along a shared property line in order to share parking or other infrastructure facilities, provided the following criteria are met: a. A joint project plan shall include all necessary information to ensure that the combined site meets all of the design requirements of this Code, and shall be submitted as either a single SDP or SIP consisting of both parcels, or separate SDPs or SIPs for each parcel that are submitted concurrently. Joint project plans require a shared maintenance and access easement that is recorded in the public records. b. The following are eligible for a joint project plan. One outparcel shall be no greater than 3 acres and the combined parcel acreage shall not exceed 5 acres: Abutting commercial outparcels located within a shopping center. ii. Abutting commercial parcels in a Business Park. iii. Abutting commercial parcels with the same zoning designation. iv. Abutting industrial parcels with the same zoning designation. c. The eliminated buffer shall be reallocated to the remaining landscape buffers and/or internal landscaped areas of the proposed joint project. There shall be no net loss of landscape material or square footage of the buffer as a result of the eliminated buffer on the shared property line. Page 47 of 89 Words struck through are deleted,words underlined are added ' 96 d. The buffer to be eliminated shall not be a perimeter buffer or adiacent to any internal main access drives. * * * SUBSECTION 3.P. 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 for Vehicular Use Areas and Rights-of-Way A. Applicability. The provisions of this section shall apply to all new off-street parking or other vehicular use areas. Existing landscaping which does not comply with the provisions of this Code shall be brought into conformity to the maximum extent possible when: the vehicular use area is altered or expanded except for restriping of lots/drives, the building square footage is changed, or the structure has been vacant for a period of 90deys 1 year or more and a request for an occupational license to resume business is made. These provisions shall apply to all developments with the exception of single- family, two-family, mobile home dwelling unit, public utility ancillary system, and dwellings on individually platted lots. Any appeal from an administrative determination relating to these regulations shall be to the board of zoning appeals or equivalent. Prior to issuing occupancy permits for new construction, implementation and completion of landscaping requirements in off-street vehicular facilities shall be required. Where a conflict exists between the strict application on this division and the requirements for the number of off-street parking spaces or area of off-street loading facilities, the requirements of this section shall apply. * * * * * * * * * * * * * SUBSECTION 3.Q. AMENDMENTS TO SECTION 4.06.04 TREES AND VEGETATION PROTECTION Section 4.06.04 Trees 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 Vegetation Protection A. Vegetation Removal and Site Filling: 1. Clearing of woody vegetation requires a Vegetation Removal Permit or Vegetation Removal and Site Filling Permit unless exempted by section 3.05.02. Page 48 of 89 Words struck through are deleted,words underlined are added ` 9B a. Permitted removal of vegetation or site filling with an approved Vegetation or Plat and Construction Plans (PPL). For individual single family lots or blocks of lots 1) a completed building permit application must be submitted and deemed items are fulfilled, a VRSFP must be obtained prior to removal of ii. To allow for safety during tree removal, if a developer owns directly adjacent to a lot where a house is under construction may be removed, if removal at a future date may be a danger to life or property. A VRSFP must be obtained prior to removal of this vegetation. _- - _-- • -- ■• • -- - - - - - " - - - - residential, commercial, or industrial lots or building sites to store project where the excavation is taking place when the following PPL. Fill dirt may be imported on to the site if there is no excess lake material generated on site. Imported fill dirt may be used towards the lot preparation of not more than 50 acres, per section '1.06.0'l.A.1.a.iii.c. of the infrastructure, such as road rights of way, and drainage and utility easement areas shall be approved on site clearing plans within that phase of approved i) The limits of each separate stockpile must be clearly delineated and the area, height, cross must appear on the drawing referenced to the o Tr. iii) The source of the material, such as lake number drawing and the amount of material excavated nest justify the need to clear the proposed area. Page 49 of 89 Words struck gh are deleted,words underlined are added 9B b) Site Development Plans (SDPs) and Site Improvement Plans (SIPs): I) Commercial and industrial: Clearing for all shall be approved on the SDP or SIP site clearing plans. the infrastructure, such as road rights of way, and approved on SDP clearing plans Clearing of iii) Preliminary Clearing and Excavation Permits {PCEP): Once the environmental review is section 3.05.05.C.1. must be met. iv) The limits of each separate stockpile must be clearly delineated and the area, height, cross must appear on the drawing referenced to the stockpile. Slopes must not be steeper than a ratio of,1:1. vi) The source of the material, such as lake number {lake #) for each stockpile must be indicated on the drawing and the amount of material excavated must justify the need to clear the proposed area. c) A portion of the 100 acres may be used to bring building lots to desired construction elevations. The area used to prepare lots shall not exceed 50 acres and those lots shall immediately be stabilized and seeded, to prevent erosion iv. No VRSFP will be issued without first submitting copies of all permit is for clearing and filling or simply filling a site. v. When a VRSFP authorizing up to 100 acres of clearing and filling 100 acres to use excess lake material may be applied for with a Page 50 of 89 Words struek-through are deleted,words underlined are added 9B •. residential, commercial, or industrial lots to store excess fill•• - -- - -- - - - - - o_ canopy of exotics. vii. Revegetation: For VRSFPs within subdivisions, a revegetation bond and in the amount of$5,000.00 per acre must be posted. a) When fill is used to bring building lots to desired seeded, to prevent erosion and exotic seed infestation. b) All fill areas for lots or stockpiles must have erosion control eilt fencing. coddcd or hydroseeded. Failure to do so within 1 fine of$10.00 per acre, per day. d) In the event that any portion of the stockpile is in place for mid story and groundcover. 2. BCC Approved Vegetation Removal and Site Filling Permit Procedures. An approved Vegetation Removal and Site Filling Permit (VRSFP) fora site that A.1.a that applies to the administrative VRSFP, shall also apply to the BCC approved--permit. A. Vegetation Removal and Site Filling. Unless exempted by Section 3.05.02, clearing and filling for Site Development Plans (SDP), Site Improvement Plans (SIP), Plans and Plat (PPL) and Vegetation Removal and Site Fill Permits (VRSFP) shall be in accordance with Section 3.05.05 and the following criteria. The following shall not apply to the Golden Gate Estates subdivision. 1. SDP, SIP and PPL. Clearing and filling for residential, commercial or industrial lots or building sites where lakes are excavated within a PUD or project, where the SDP, SIP or PPL has been approved, subject to the following: Page 51 of 89 Words struck through are deleted,words underlined are added 9B a. Clearing and filling of native vegetation shall be limited to 100 acres and shall be shown on the approved site plans for the SDP, SIP or PPL. Fill dirt may be imported to the site. b. Clearing and filling in excess of 100 acres shall be allowed where land has been previously cleared or the vegetation is not native vegetation. c. Lots cleared must, at minimum, be filled and graded in accordance with the approved plans to ensure the stormwater management system will function as designed and to insure the health, safety and welfare of the public. Best Management Practices (BMP) for erosion control shall be implemented and lots cleared must be stabilized with vegetation within six months. If desired by the applicant, lots may be partially cleared to retain existing native vegetation. d. The limits of each stockpile of excavated material along with height and cross-sections must be included on the approved plans for the SDP, SIP or PPL. Slopes shall not be steeper than a ratio of 4:1, or as otherwise approved by the County Manager or designee where vegetation on the stockpile does not require mowing or the 4:1 ratio is not practicable. Such determination shall be based on the type of material to be excavated and other information as provided by the applicant. e. The limits of clearing shall be shown on site plans for the SDP, SIP or PPL. 2. VRSFP. Issuance of a VRSFP, subject to the following: a. Clearing and filling of individual single family lots where a completed building permit application has been submitted and deemed sufficient by the County. b. On adiacent single-family lots where a building permit for a single-family home for one of the lots has been issued. Up to five lots may be cleared and filled per application. c. Temporary access in previously cleared areas, areas not containing native vegetation or areas of future development identified in a PUD, where the need and location for such temporary access has been approved by the County Manager or designee. d. Clearing and filling of up to 100-acres of native vegetation within a PUD or project, where the SDP, SIP or PPL has been approved, and where storage of fill from the previous development order authorizing clearing and filling is nearing capacity (75 percent complete). e. No work may commence until State and Federal permits are obtained. 3. Stabilization: a. Best Management Practices (BMP) for erosion control shall be Page 52 of 89 Words struck-through are deleted,words underlined are added ' 96 implemented and areas cleared shall be stabilized within six months. b. Stockpiles in place for more than six months shall be stabilized. Stabilization shall be with one or more of the following: vegetation, watering, covering of stockpiles or other methods as approved by the County Manager or designee. Such determination shall be based on the type of material to be excavated and other information as provided by the applicant. 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. c. Stockpiles located one half mile or more from residences are not required to be stabilized unless the County or developer receive complaints of dust from residents. Where valid complaints are received, stabilization shall be required in accordance with 4.06.04 A.3.b (above). d. Stockpiles shall not be placed in areas used to satisfy the native vegetation retention requirements of the LDC. e. For subdivisions and VRSFPs within subdivisions, excluding VRSFPs for clearing and filling of 5 lots or less or for temporary access pursuant to 4.06.04 A.2.a, b and c (above), a vegetation 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. Bonds shall be released to the applicant on a prorated basis based upon issuance of building permits or stabilization of fill. 4. BCC approval. Deviations from the thresholds contained herein may be obtained from the BCC through PUD rezone or BCC approved VRSFP. The applicant must demonstrate to the Board, through a schedule of development activities, that the project will be completed in a reasonable amount of time so as to minimize noise, dust, blasting, traffic, and inconvenience to the neighboring and general public. Except as explicitly exempted by the Board, all other criteria in Section 4.06.04 shall apply. * * * * * * * * * * * * * SUBSECTION 3.R. AMENDMENTS TO SECTION 4.07.02 DESIGN REQUIREMENTS Section 4.07.02 Design Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.07.02 Design Requirements * * * * * * * * * * * * * G. Open space requirements. Usable open space for PUDs shall be provided as follows, except as required in the Rural Fringe Mixed Use District within the Future Land Use Element of the Growth Management Plan. 1. Usable open space shall include active and passive recreation areas such as Page 53 of 89 Words strueli-through are deleted,words underlined are added 9B• - •• - , -- --• eee e .•• - - - - -e •• - - - -- -- !e-- driveways, off-street parking areas, and off street loading areas shall not be counted in determining usable open space. 2-1. Within PUD districts composed entirely of residential dwelling units and accessory uses;, at least sixty-(60) percent of the gross area shall be devoted to usable open space. 3-2. Within PUD districts containing commercial, industrial and mixed use including residential, at least thirty (30) percent of the gross area shall be devoted to usable open space. 43. An appropriate percentage of the gross project area shall may be required to be dedicated to public use as usable open space for all development after a determination by the BCC that a public need exists for such public facilities and that the amount of area dedicated is directly related to the impacts or needs created by the proposed development. * * * * * * * * * * * * * SUBSECTION 3.S. AMENDMENTS TO SECTION 5.03.02 FENCES AND WALLS, EXCLUDING SOUND WALLS Section 5.03.02 Fences and Walls, Excluding Sound Walls, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.03.02 Fences and Walls, Excluding Sound Walls * * * * * * * * * * * * * G. Supplemental Standards. * * * * * * * * * * * * * 1. Fences on sites with structures which are subject to section 5.05.08 Architectural & Site Design Standards must comply with the following additional standards: a. Chain link (including wire mesh) and wood fences are prohibited forward of the primary facade and shall be a minimum of 100 feet from a public right-of-way. If these types of fences face a public or private street then they shall be screened with an irrigated hedge planted directly in front of the fence on the street side. Plant material shall be a minimum of 3 gallons in size and planted no more than 3 feet on center at time of installation. This plant material must be maintained at no less than three- quarters of the height of the adjacent fence (See Illustration 5.03.02 A.1.a. 1). Page 54 of 89 Words struck through are deleted,words underlined are added ' 96 * * * * * * * * * * * * * SUBSECTION 3.T. AMENDMENTS TO SECTION 5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN RESIDENTIAL DISTRICTS Section 5.06.02 Development Standards for Signs within Residential Districts, of Ordinance 04- 41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.06.02 Development Standards for Signs within Residential Districts * * * * * * * * * * * * * B. Applicability. Signs within residential zoning districts, and in designated residential portions of PUD zoned properties shall be permitted as provided for in this section. * * * * * * * * * * * * * 11. Flags & Flagpoles. Residential properties including Estates, Con &Agricultural zoned districts with residential uses that have been issued a certificate of occupancy are permitted up to three flags on a single flag polc flagpole. * * * * * * * * * * * * * d. Flagpoles in excess of 15 feet shall have the flagpole foundation or flagpole attachment design/construction plan signed and sealed by a professional engineer licensed in the State of Florida. The design/construction plan shall indicate the maximum flag area that the flagpole is capable of supporting, with the following exception: i. Single family and duplex lots with a flagpole less than 15 feet in height. No permit required. * * * * * * * * * * * * * SUBSECTION 3.U. AMENDMENTS TO SECTION 5.06.03 DEVELOPMENT STANDARDS FOR SIGNS FOR INSTITUTIONAL USES Section 5.06.03 Development Standards for Signs for Institutional Uses, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.06.03 Development Standards for Signs for Institutional Uses A. Applicability. These requirements apply to signs for institutional use facilities where signs are informational and contain no commercial message. Page 55 of 89 Words struck through are deleted,words underlined are added 9 B t: 1. Signage for these facilities is exempt from the requirements provided in section 5.06.02 B.8 Conditional uses within residential and agricultural districts. 2. In addition, the number of signs, location and distance restrictions per section 5.06.04 € F. shall not apply to institutional use signage. * * * * * * * * * * * * * SUBSECTION 3.V. AMENDMENTS TO SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS Section 5.06.04 Development Standards for Signs in Nonresidential Districts, of Ordinance 04- 41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.06.04 Development Standards for Signs in Nonresidential Districts * * * * * * * * * * * * * C. Development Standards * * * * * * * * * * * * 3. The use of accent lighting as defined by the Land Development Code is prohibited en-signs. * * * * * * * * * * * * * 9. No signs shall be permitted on a vacant lot or parcel, unless a building permit or clearing permit has been issued, with the exception of real estate signs_ which may be allowed on parcels less than 10 acres. * * * * * * * * * * * * * D. Real estate signs shall be permitted in nonresidential districts subject to the following: 1. One ground sign with a maximum height of 40 8 feet or wall sign with a maximum sign area of 12 square feet per street frontage for each parcel, or lot less than 1 acre in size. No building permit is required. 2. One ground sign with a maximum height of 40 8 feet or wall sign with a maximum area of 32 square feet per street frontage for each parcel, or lot of 1- 10 acres in size. No building permit is required. * * * * * * * * * * * * * E. Construction signs. Signs may be erected and located upon a site under construction. Such signs shall be securely built, and allowed under the following: 1. Signs shall be located a minimum of 10 feet from any property line. 2. One ground sign with a maximum height of 840 feet or wall sign with a maximum sign area of 12 square feet is allowed within each front yard for each parcel less than one acre in size. No building permit is required. Page 56 of 89 Words struck through are deleted,words underlined are added t 3. One round sig n with a maximum height of 8 4-9 feet or wall sign with g maximum sign area of 32 square feet is allowed within each front yard for each parcel 1-10 acres in area. No building permit is required. * * * * * * * * * * * * F. On-premise signs. On-premises pole signs, ground signs, projecting signs, wall signs, and mansard signs shall be allowed in all nonresidential zoning districts subject to the restrictions below: * * * * * * * * * * * * * 1. Pole or ground signs. Single-occupancy or multiple-occupancy parcels, having frontage of 150 feet or more on a public street, or combined public street frontage of 220 linear feet or more for corner lots, shall be permitted one pole or ground sign. Additional pole or ground signs may be permitted provided that there is a minimum of a 1,000-foot separation between such signs, and all setback requirements are met. In no case shall the number of pole or ground signs exceed 2 per street frontage. * * * * * * * * * * * * * d. Pole signs and, where applicable, ground signs shall provide a pole cover no less than 50 percent of the width of the sign, with architectural design features including colors and or materials common to those used in the design of the building to which the sign is accessory. * * * * * * * * * * * * * 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 unit in a multiple-occupancy parcel. End units within shopping centers and multiple- occupancy parcels, or single occupancy parcels where there is double frontage on a public right-of-way, shall be allowed 2 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 3 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 façade including windows of the building or unit 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. * * * * * * * * * * * * * e. In addition, any non-illuminated, non-reflective signs located in a window shall not exceed 25 percent of each window area. No building permit required. * * * * * * * * * * * * * 9. On-premises directional signs may be permitted within nonresidential zoning districts intended to facilitate the movement of pedestrians and vehicles within Page 57 of 89 Words struck through are deleted,words underlined are added 9B the site upon which such signs are posted. On-premises directional signs shall not exceed 6 square feet in area. On-premises directional signs shall not exceed and 4 feet in height unless located on the side of the building. On- premises directional signs shall be limited to 2 at each vehicle access point and a maximum of 4 internal to the development. Internal signs are not intended to be readily visible from the road. a. Directional signs located internal to the subdivision or development shall maintain a minimum setback of 10 feet from the property line. -the-edge-of the roadway, paved surface or back of the curb, as applicable. b. Directional signs may be combined into a single sign not to exceed 6 feet in height and 64 square feet in area. Such signs shall require a building permit. * * * * * * * * * * * * * 14. Sandwich Board/Sidewalk Signs may be permitted subject the following conditions: a. One nonilluminated sandwich board/sidewalk sign is allowed per business establishment. b. The sign must be placed on the private property and within 10 feet of the front door of the business or within a designated outdoor eating area. Signs shall allow a 3 foot passage way for pedestrian accessibility and shall not block access to an entrance. c. The size of the sign shall be no more than 30 inches wide and 42 inches in height. The sign must be weighted at the base to provide stability. A maximum of 2 sign faces are allowed per sign. d. The sign must be moved inside the business when the business is closed. * * * * * * * * * * * * * SUBSECTION 3.W. AMENDMENTS TO SECTION 5.06.05 EXEMPTIONS FROM THESE REGULATIONS Section 5.06.05 Exemptions from These Regulations, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.06.05 Exemptions from These Regulations The following signs and actions are exempt from the permit requirements of this Code, and shall be permitted in all districts subject to the limitations set forth below: A. Signs authorized to be displayed by law or by governmental order, rule or regulation. Page 58 of 89 Words struck-through are deleted,words underlined are added ' 9B 1. Prohibitory signs (e.g., no dumping, no trespassing) 3 square feet in size or less and no more than 6 ft in height unless mounted to a building may be allowed without a permit. 2. Reasonable repairs and maintenance. 3. Signs located on fences or walls surrounding athletic fields, or within sports arenas, stadiums and the like, not to exceed 32 square feet in size, per side, per sign. Signs shall be oriented along the fence or wall to face the fields(s) or playing area, and away from any adiacent public or private roads. * * * * * * * * * * * * * SUBSECTION 3.X. AMENDMENTS TO SECTION 6.02.01 GENERALLY Section 6.02.01 Generally, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 6.02.01 Generally * * * * * * * * * * * * * D. For the purposes of this section only, the following terms are defined as follows: * * * * * * * * * * * * * 12. Transportation Concurrency Management System means a "real time" concurrency system that tracks and allocates the available roadway capacity on a continuous basis with quarterly status reports to the Board. Trips generated from proposed developments will be added to the trips approved to date and the existing background traffic counts to determine if there is available capacity for each new development to be approved, in whole or part, as proposed development plans are submitted. Application of this system is limited to the following final local development orders: site development plan, site development plan amendment, site improvement plan, and subdivision plat and plan application. * * * * * * * * * * * * * SUBSECTION 3.Y. AMENDMENTS TO SECTION 6.02.03 TRANSPORTATION LEVEL OF SERVICE REQUIREMENTS Section 6.02.03 Transportation Level of Service Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 59 of 89 Words struck through are deleted,words underlined are added 9B 6.02.03 Transportation Level of Service Requirements * * * E. Potentially deficient road segments. 1. A County or State road segment shall be considered potentially deficient when located on the major road network system whose adopted LOS standard is LOS "C" or LOS "D," peak season, peak hour, that is presently operated at its adopted LOS, or whose adopted LOS is LOS "D" peak season, peak hour, and has „ „ - - - - e -- - -- AUIR. 2. A potentially deficient road segment which has an adopted LOS "D" peak • - - „ „ - - - before it shall become a deficient road segment. A • „ - - „ „ - - peak hour, based on the AUIR. the County shall consider: a Any capital road improvement currently in place. b. Any capital road improvement that is under construction. c. Any capital road improvement guaranteed in an enforceable 6.02.03 E.1. and 6.02.03 E.3. e. current five (5) year capital improvement schedule is based on a realistic, F, E. The LOS for capital road facilities on the major road network system are as set forth in Policy 1.1.5 of the CIE and Policy 1.4 of the Transportation Element of the GMP. ASI. - . - e_ - - - - - a - , - - - - a - - • •- --- component shall be granted. Page 60 of 89 Words struck gh are deleted,words underlined are added ' B where the proposed development will create a deficient road segment, a and does not further degrade the LOS of the deficient road segment. * * * * * * * * * * * * * SUBSECTION 3.Z. AMENDMENTS TO SECTION 6.06.01 STREET SYSTEM REQUIREMENTS Section 6.06.01 Street System Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 6.06.01 Street System Requirements * * * * * * * * * * * * * K. Where a subdivision or development abuts or contains existing limited access local traffic may be required by the County Manager or designee. (re-letter paragraphs L through S accordingly) * * * * * * * * * * * * * 8-- R. Traffic control devices shall be provided by the developer when the engineering study indicates traffic control is justified at any street intersection within the subdivision or development or where the additional traffic flow results from the proposed subdivision or development onto any collector or arterial street. Traffic control devices are subject to County approval. If more than 1 development or subdivision is involved, each shall be required to make a pre-rata proportionate share contribution for the installation cost of the traffic control devices, as defined by the Traffic Impact Study Guidelines, as may be amended or superseded. The cost of all required traffic control devices shall be included in the amount of subdivision performance security furnished for the required improvements. * * * * * * * * * * * * * Page 61 of 89 Words struck gh are deleted,words underlined are added 9B SUBSECTION 3.AA. AMENDMENTS TO SECTION 6.06.02 SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS Section 6.06.02 Sidewalks, Bike Lane and Pathway Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 6.06.02 Sidewalks, Bike Lane and Pathway Requirements * * * * * * * * * * * * * F. Sidewalk, Bike Lane, and Pathway Design & Construction/Materials. All workmanship materials, methods of placement, curing, forms, foundation, finishing, etc. shall be in conformance to the latest edition of FDOT Standard Specifications for Road and Bridge Construction and FDOT Design Standards. 1. All sidewalks shall be designed and constructed in accordance with the following: - - -- - - Be '- - - - --e- - standard right of way cross sections contained in appendix B in locations a. Concrete sidewalks for roads with a functional classification as an arterial or collector or that is County maintained shall be a minimum of 4 • - - _ ... e- inches thick of concrete - - ea -ea- -- -- 'e- - -•' -- base but must be and constructed over a compacted subgrade;_ b. Concrete sidewalks for non-County maintained roads with a functional classification as local or with no functional classification (i.e., drive or accessways) may be constructed of shall be a minimum of 4 inches thick of such concrete and constructed over a compacted subgrade. Expansion shall be in conformance to the latest edition of FDOT Standard Specifications for Road and Bridge Construction. c. Paver brick; sidewalks,—or paver brick accents in sidewalks must be installed over a 4-inch thick, compacted limerock base and sand cushion per manufacture specifications, except as otherwise allowed above for sidewalks. 2. All bike lanes shall be designed and constructed in accordance with the most current "Florida Bicycle Facilities Design Standards and Guidelines" or the "Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways" (commonly known as the "Florida Greenbook") requirements. Page 62 of 89 Words struck gh are deleted,words underlined are added 9B 3. All pathways shall be designed in accordance with the most current FDOT Bicycle Facilities Planning and Design Handbook as it pertains to shared use pathways. Below are the preferred standards for pathway construction; however, if the applicant can demonstrate that a lesser cross-section will meet the requirements of the County, then upon the approval of the County Manager, or designee, it may be permitted. Pathways may be constructed of the following types of materials: a. Concrete - County maintained pathways shall be constructed of a minimum of 6 inches of Portland cement concrete over a compacted subqrade. Pathways on non-County maintained roads with a functional classification as local or with no functional classification shall be constructed of a minimum of 4 inches of Portland cement concrete over a compacted subgrade. - • -- - - -- - Se" - - ••'- constructed without a limerock base but must be constructed over a compacted subgrade. Expansion joints shall be one half inch preformed pathway. The saw cut depth shall equal or exceed 1/4 the concrete thickness. All workmanship materials, methods of placement, curing, forms, foundation, finishing, etc. shall be in conformance to the latest edition of FDOT Standard Specifications for Road and Bridge Construction. b. Asphalt-All pathways constructed of asphalt shall contain a minimum of 1-2 6 inches stabilized subgrade (LBR 40), 6 inches compacted lime-rock base, and 1.5 inches Type S-III asphaltic concrete, unless an alternate cross-section is otherwise determined to be acceptable by the County Manager, or designee. * * * * * * * * * * * * * SUBSECTION 3.BB. AMENDMENTS TO SECTION 9.03.02 REQUIREMENTS OF CONTINUATION OF NONCONFORMITIES Section 9.03.02 Requirements of Continuation of Nonconformities, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 9.03.02 Requirements of Continuation of Nonconformities * * * * * * * * * * * * * F. Discontinuance or destruction. 1. If any such nonconforming use ceases for any reason (except where governmental action impedes access to the premises) for a period of more than 180 consecutive days 1 year, any subsequent use of land shall conform to the regulations specified by the LDC for the district in which such land is located. Page 63 of 89 Words struck through are deleted,words underlined are added ` 9B 2. Notwithstanding the above definitions of discontinuance relative to a nonconforming use of land or water or structure, where the use of land, water or a structure has ceased for a period of more than 1 year ninety (90) consecutive days, and where such property or use is deficient in the required amount of paved, striped parking, including parking and access to the structure for the disabled; water management facilities; landscaping; and other site improvements as required in Chapter Four of the LDC, prior to the recommencement of any use of land, water or structure, said deficiencies as may apply shall be remedied, to the greatest extent possible given the physical constraints on the property, via the appropriate administrative processes found in Chapter Ten, or as otherwise required by the LDC. * * * * * * * * * * * * * SUBSECTION 3.CC. AMENDMENTS TO SECTION 9.04.02 TYPES OF VARIANCES AUTHORIZED Section 9.04.02 Types of Variances Authorized, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 9.04.02 -Types of Variances Authorized A variance is authorized for any dimensional development standard, including the following: height, area, and size of structure; height of fence; size of yards and open spaces; dimensional aspects of landscaping and buffering requirements; size, height, maximum number of, and minimum setback for signs; and minimum requirements for off-street parking• facilities; - 'e - • - - - - - , -- - - - - - --- - __ •-- -_- - --, - - - - -- Plantation Island Unit One, Plantation Island Unit Two and Plantation Island Unit Three A. Variances for signs. The variance procedure for signs is provided in section 5.06.00, the Collier County Sign Code. 1. Pursuant to the § 380.032(3) Agreement between the Board of County Land Development Code shall be authorized for site alterations, including __ - - 'e -_, e -e e ,-10 square feet, regardless of predevelopment - _ _ e-- _ _ --_ - - _ ..- - - -e - -- _ --• --- - " . •e- ' -- - -- - --- - -- - . - -- - ---- - - - -- forth in section 9.0,1.03 of the Land Development Code and where the proposed to have a minimum adverse impact on the critical area's water storage capacity, Page 64 of 89 Words struck t ough are deleted,words underlined are added 9B surface water and estuarine fisheries as authorized by Rule 28 25.011, Florida * * * * * * * * * * * * * SUBSECTION 3.DD. AMENDMENTS TO SECTION 10.01.02 DEVELOPMENT ORDERS REQUIRED Section 10.01.02 Development Orders Required, Excluding Sound Walls, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.01.02 Development Orders Required A. Development Order Required. No on-site or off-site development or development related activities, including site preparation or infrastructure construction, will be allowed prior to approval of the otherwise required development order or development permit including, but not limited to: SDP, SIP, Construction Drawings, or clearing permit SCR, except where early work authorization or early construction authorization has been approved. B. Early Work Authorization (EWA). * * * * * * * * * * * * * 2. The County may issue an EWA permit for the allowed activities, subject to demonstrated compliance with the following criteria, as applicable: a. The proposed vegetation removal complies with Section 3.05.05-_0-; b. County right-of-way permit has been approved; c. A determination of native vegetation to be retained for landscaping which would comply with Section 4.06.00; d. An excavation permit has been approved; e. A Soil and Erosion Control Plan demonstrating compliance with the provisions of Section 10.02.02- C-; f. Copies of all approved Agency permits being submitted, including, but not limited to: SFWMD, ACOE, USFWS, and FFWCC; g. Determination of legal sufficiency of the EWA permit by the County Attorney's Office; h. Posting of a Revcgetation Bond of not less than $2,000.00 nor more than $5,000.00 per acre dependent on the character of vegetation being removed; A vegetation bond in the form of a performance bond, letter of Page 65 of 89 Words struck gh are deleted,words underlined are added 9B credit, or cash bond and in the amount of$2,000.00 per acre is posted for stabilization with vegetation in accordance with 4.06.04 A.3; Assurance that all underlying zoning approvals are in place (e.g. PUD, C.U., etc.); j. This approval is good The EWA permit is valid for 60 days with the possibility of 2 ea. 30 day two 60-day extensions dependent on the reason for the inability to gain proper approvals. After that time, cleared areas must be graded off and hydro-seeded. Where more time is needed, a new EWA may be requested; k. The developer must clearly state his understanding that all such All preliminary construction activities are at his own risk; the risk of the developer. accordance with the VRSFP, will commence at the time the EWA is . Section 4.06.04 A 1.a.vii.d. C. Early Construction Authorization (ECA). An ECA permit may grant the applicant a conditional building permit prior to development order approval subject to the criteria, limitations, and procedure established in this section. 1. The ECA may be approved by the County Manager or their designee if the following criteria are met: a. A form provided by the Collier County Growth Management Division is submitted that clearly states the developer understands that all such preliminary construction activities are at his/her own risk. b. The zoning designation allows the use. c. The proposed vegetation removal complies with Section 3.05.05.0, if applicable. d. The site development plan, improvement plan or amendment application has been submitted and reviewed and the first review comments are posted. e. The building permit application and plans have been submitted, reviewed and the portion of work to be authorized by the permit has been approved by the Collier County Building Department. f. The portion of work to be authorized for the permit has been approved by the Office of the Fire Code Official and under the Florida Fire Prevention Code. q. Posting of a bond or other surety acceptable to the County, naming the County as the insured, to make certain that any construction improvements, for all phases, will be removed if the development does Page 66 of 89 Words struck gh are deleted,words underlined are added 98 not receive the necessary final development order approval. The bond or surety shall be in an amount equal to an estimated cost prepared by the developer and approved by the County Manager or designee to remove improvements granted by the ECA permit. If phased permits are approved, the initial bond or surety shall be increased to cover the construction authorized by the phased permit or a subsequent bond or surety shall be posted. 2. Limitations on construction activity. a. The ECA permit allows approved construction to commence up to the first building code inspection. Construction may continue following phased or complete building permit approval by the Collier County Building Department and Office of the Fire Code Official. All construction is subject to the time limitations identified in section 105.4.1 Permit intent, of the Florida Building Code. b. If the site development plan, improvement plan or amendment is denied by the County, then the developer shall remove any improvements permitted by the ECA's conditional building permit within thirty (30) days of the denial. Failure to remove the improvements within thirty (30) days will result in the forfeiture of the Bond or surety provided for in 10.01.02 C.1.q. 3. Procedure. a. The ECA permit application shall be reviewed by the Collier County Planning and Zoning Department, the Building Department and the Office of the Fire Official through a combined submission process. b. Failure to receive an approved site plan prior to the expiration of the building permit shall result in the forfeiture of the bond or surety provided for in 10.01.02 C.1.q. * * * * * * * * * * * * * SUBSECTION 3.EE. AMENDMENTS TO SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS Section 10.02.03 Submittal Requirements for Site Development Plans, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.03 Submittal Requirements for Site Development Plans * * * * * * * * * * * * * B. Final Site development plan procedure and requirements. A pre-application meeting shall be conducted by the County Manager or his/her designee, prior to the submission Page 67 of 89 Words struck through are deleted, words underlined are added 9B of any site development or site improvement plan for review. This meeting may be waived by the County Manager or designee upon the request of the applicant. 1. Site development plan submittal packet: The site development submittal packet shall include the following, if applicable: * * * * * * * * * * * * * j. Permits. All necessary permits and necessary applications requiring county approval and other permitting and construction related items, including but not limited to the following, shall be submitted and approved with the site development plan: Florida Department of Environmental Protection water and sewer facilities construction permit application. ii. Excavation permit application. iii. A Notice of Intent [N011 to issue either a Florida Department of Transportation and/or a Collier County right-of-way permit. permits. iv v. Blasting permit prior to commencement of any blasting operation. v vi. South Florida Water Management District permit, if required, or, Collier County general permit for water management prior to site development plan approval. vi vii. Interim wastewater and/or water treatment plant construction or interim septic system and/or private well permits prior to building permit approval. vii viii. Any additional state and federal permits which may be required prior to commencement of construction, addressing the impacts on jurisdictional wetlands and habitat involving protected species. viii ix. All other pertinent data, computations, plans, reports, and the like necessary for the proper design and construction of the development that may be submitted. ix x. All necessary performance securities required by Collier County ordinances in effect at the time of construction. x. The following permits, if applicable, require final approval and issuance prior to the County pre-construction meeting: (a) Florida Department of Transportation Right-Of-Way Construction Permit. (b) Collier County right-of-way [ROM permit. Page 68 of 89 Words struck through are deleted,words underlined are added 9B *4. Site development plan time limits for review, approval and construction. * * * * * * * * * * * * * b. Approved site development plans (SDPs) shall remain in force for three (3) years from the date of approval, as determined by the date of the SDP approval letter. If construction has not commenced within 3 years, the site development plan approval term will expire and the SDP approval is of no force or effect. One An amendment to the SDP may be applied for and may be granted prior to the original expiration date, so long as the proposed amendment complies with the LDC requirements in force at the time of the SDP amendment submittal. The SDP amendment shall remain in effect for 3 years from the date of approval, as determined by the date of the SDP amendment approval letter. i. A one time, one year Two year extensions of the three year limit of for the approved SDP or the approved SDP amendment may be granted. A maximum of two (2) extensions may be granted before a SDP amendment is required. Applications for an appropriate processing/administrative fee. c. Once construction has commenced, the approval term shall be determined as follows. The construction of infrastructure improvements approved under an SDP or SDP Amendment shall be completed, and the project engineer's completion certificate provided to the Engineering and Environmental Services Director, within 30 months of the pre-construction conference, which will be considered the date of commencement of construction. A single 12 month Two year extensions to complete construction may be granted_ A maximum of two extensions may be granted before an amendment is required and the extension is reviewed for LDC compliance. Each request should provide written justification for the extension and A written request shall be submitted to, and approved by the County Manager or designee prior to expiration of the then effective approval term. Thereafter, once the SDP or SDP Amendment approval term expires the SDP is of no force or effect. * * * * * * * * * * * * * SUBSECTION 3.FF. 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 Page 69 of 89 Words struck gh are deleted,words underlined are added * * * * * * * * * * * * * 9B C. Relationship of Plats to Site Development Plans. No site development plan may be accepted for concurrent review with a preliminary subdivision plat. Once the preliminary subdivision plat has been approved, site development plans may be submitted for review concurrent with the submittal of the final plat. No site development plan may be approved until the final plat receives administrative approval, and no building permits may be issued until the final plat is recorded, except for those development amenities which are excluded from the provisions of section 10.01.01 in accordance with section 10.02.03 A.2. of this Code. Where no preliminary subdivision plat is contemplated, ene Site Development Plants), may be submitted for concurrent review with the final plat at such time as the applicant submits the response to the first staff review comments. Approval of the SDP will be withheld until the final plat has received administrative approval, and no building permits may be issued until the final plat has been recorded. * * * * * * * * * * * * * SUBSECTION 3.GG. AMENDMENTS TO SECTION 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENT PLANS 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 Improvement Plans * * * * * * * * * * * * * B. Construction of required improvements. * * * * * * * * * * * * * 11. Expiration. If improvements are not completed within the prescribed time period as specified in section 10.02.04 B.3.b 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 bBoard of eCounty GCommissioners within 36 months from the date of the original board approval. The developer may request one two-year extensions for completion and acceptance of the required improvements. A maximum of 2 extensions may be granted. Each request should provide written justification for the extension. * * * * * * * * * * * * * F. SIP Requirements for the Nonconforming Mobile Home Park Overlay Subdistrict. * * * * * * * * * * * * * 2. SIP submission requirements, preparation standards and notes. * * * * * * * * * * * * * Page 70 of 89 Words struck through are deleted,words underlined are added h. A right-of-way permit shall be required, subject to subsection 10.02.039 B B.1.i. This permit shall be obtained prior to approval of the SIP. A copy of same shall be submitted to the assigned planner. * * * * * * * * * * * * * SUBSECTION 3.HH. 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 * * * * * * * * * * * * * D. Agricultural land clearing. 823 14(6), Florida Statutes, the property owner shall provide notice to the County 1. Agricultural clearing permit. A permit for clearing of agriculturally zoned land for agricultural uses that do not fall within the scope of sections 163.3162(4) or 823.14(6), Florida Statutes, shall be required for all agricultural operations except as exempted by 10.02.06 D.1.f(below). a. Application. An application for an agricultural clearing permit shall be submitted in the form established by the County Manager or his-designee. Silviculture operations, as defined by this Code, shall require a management plan prepared by a forester or a resource manager (e.g. Florida Forest Service, private or industrial) as part of the application. An application fee in an amount to be determined by the Board of County Commissioners shall accompany and be a part of the application. The following conditions, as applicable, shall be addressed as part of and attachments to the agricultural land clearing application: * * * * * * * * * * * * * vi. The applicant has submitted data relating to wetland impacts and protected wildlife species habitat subject to the Collier County growth management plan, conservation and coastal management element policies 6.2.9, 6.2.10 and objective 7.3 and associated policies and Collier County Land Development Code section 34448. This data will be required only when the county's on-site inspection indicates that there are potential or actual impacts to wetlands and to protected federally and state listed wildlife habitat. Page 71 of 89 Words struck through are deleted,words underlined are added * * * * * * * * * * * * * 9B 2. Land Agricultural clearing notice. No later than 60 days prior to vegetation removal as part of agricultural operations that fall within the scope of sections 163.3162(4) or 823.14(6), Florida Statutes, the property owner shall provide notice to the environmental services director that the removal will occur. Said notice shall include the following information: * * * * * * * * * * * * * E. Enforcement and penalties. * * * * * * * * * * * * * 2. Restoration standards. If an alleged violation of this Code has occurred and upon agreement between the County Manager or his designee and the violator, or if they cannot agree, then, upon conviction by the court or the code enforcement board, in addition to any fine imposed, a restoration plan shall be ordered in accordance with the following standards: a. The restoration plan shall include the following minimum planting standards: In the successful replacement of trees illegally removed, replacement trees shall be of sufficient size and quantity to replace the dbh inches removed. Dbh is defined for the purposes of this ordinance as diameter of the tree, measured at a height of 4.5 feet above natural grade. ii. Each replacement tree shall be Florida grade No. 1 or better as graded by the Florida department of agriculture and consumer service. iii. All replacement trees shall be nursery grown, containerized and be a minimum of 14 feet in height with a 7 foot crown spread and have a minimum dbh of 3 inches. iii Replacement vegetation shall meet the following criteria, at time of planting: a) Plant material used to meet the minimum landscape requirements shall be in accordance with 4.06.05. b) Plant material used to meet the requirements for littoral shelf planting areas shall be in accordance with 3.05.10. c) Environmental restoration within County required preserves shall be in accordance with 3.05.07 H. Page 72 of 89 Words struck through are deleted,words underlined are added 9E d) Environmental restoration, other than in County required preserves, shall be in accordance with State and Federal agency enforcement or permit conditions. Where such requirements are not enforced or project not permitted by these agencies, the following minimum sizes shall apply: one gallon or liner ground covers, three gallon shrubs and four foot high trees. Ground covers in aquatic environments may be planted as bare root plants. Mangroves may be two foot high at time of planting. e) Natural recruitment of native vegetation similar to or compatible with native vegetation on site will be accepted. iv. Replacement trees shall have a guarantee of 80 percent survivability for a period of no less than 3 years. A maintenance provision of no less than 3 years must be provided in the restoration plan to control invasion of exotic vegetation (those species defined as exotic vegetation by the Collier County Land Development Code). v. It shall be at the discretion of the County Manager or his designee to allow for any deviation from the above specified ratio criteria. b. In the event that identification of the species of trees is impossible for any reason on the property where protected trees were unlawfully removed, it shall be presumed that the removed trees were of a similar species mix as those found on adjacent properties. c. -_ -_ -- - - _ - _ -• _ -e. The selection of plants shall be based on the characteristics of the Florida Department of Transportation, Florida Land Use, Covers and Forms Classifications System (FLUCFCS) code. Shrubs, ground cover, and grasses shall be restored as delineated in the FLUCFCS Code. The species utilized shall be with relative proportions characteristic of those in the FLUCFCS Code. The exact number and type of species required may also be based upon the existing indigenous vegetation on the adjacent property at the discretion of the County Manager or his designee. * * * * * * * * * * * * * 3. Corrective measures for environmental violations. a. Mitigation. * * * * * * * * * * * * * iii. The selection of plants to be used shall be based on the characteristics of the Florida Department of Transportation, Page 73 of 89 Words struck through are deleted,words underlined are added 9E Florida Land Use, Covers and Forms Classification System (FLUCFCS) Code. The exact number and type of species required may vary depending on the existing indigenous vegetation found at the site. * * * * * * * * * * * * * b. Requirements for a mitigation plan. A copy of the deed, contract for sale or agreement for sale or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land, or permission from the landowner to mitigate on his or her site shall be provided. ii. The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in section 10.02.02 A.3 3.05.07 H or Chapter 7 of the Administrative Code, unless waived by the County Manager or designee. iii. The preparer's person's name, address and telephone number that prepared shall be included on the plan. iv. A north arrow, scale, and date shall be required on the plan. v. Existing vegetation areas shall be shown. vi. The proposed planting areas shall be clearly defined. vii. The plan shall denote the number and location of each plant to be planted, or for the case of ground covers, show them in groupings. Large mitigation areas may be designated by a more simplified method. viii. All plants proposed shall be denoted by genus, species, and the common name. ix. The plan shall identify what is adjacent to the mitigation areas, i.e. existing forest (provide type), farm, natural buffer area, lake, etc. c. Site-specific review criteria. All plants used for mitigation shall be native Florida species. ii. All plants used for mitigation shall be from a legal source and be graded Florida No. 1 or better, as graded by the Florida - - •-- - - - - - - - _- •, ' - - 2). All plants not listed in Grades and Standards for Nursery Page 74 of 89 Words struck through are deleted,words underlined are added 9B of 3 inches. Plant materials used to meet minimum landscape requirements of the LDC shall conform to the plant specifications in 4.06.05. iii. The plants proposed for planting must be temperature tolerant to the areas they are to be planted in. The South Florida Water Management District's Xeriscape Plant Guide II Florida-Friendly Landscaping Guide to Plant Selection & Landscape Design shall be used in determining the temperature tolerances of the plants. iv. The existing soil types shall be identified. Plants proposed for planting shall be compatible with the soil type. The 1954 or the 1992 soil survey of Collier County shall be used to determine if the plants proposed for planting are compatible with the existing or proposed soil types. v. The source and method of providing water to the plants shall be indicated on the plan and subject to review and approval. vi. A program to control prohibited exotic vegetation (section 3.05.08) in the mitigation area shall be required. d. County review of mitigation plan. Development yes The County Manager or designee will review the plan based on, but not limited to, the preceding requirements within 15 days. Additional relevant information may be required when requested. ii. Should the county reject the mitigation plan, the reasons will be provided so the applicant can correct the plan and resubmit for county review. e. Monitoring and replanting. A monitoring program shall be required that would determine the survivability by species of the plants used in the mitigation effort. A 1 year intervals. A time zero monitoring report with photographs shall be submitted within 30 days of replanting. At the option of the respondent, two follow-up monitoring reports may be submitted at one-year intervals, starting one year after submittal of the time zero monitoring report, to document condition and survivability of mitigation plantings. If annual monitoring reports are submitted, they must document on-site conditions within one month prior to the anniversary/due date for the re-inspection. Success shall be verified by the County Manager or designee. ii. An eighty percent survival by species shall be required for a two- Page 75 of 89 Words struck gh are deleted,words underlined are added 9 13 year period, starting at time of submittal of the time zero monitoring report, unless other arrangements are specified and agreed upon in the mitigation plan. Replanting shall be required each year if the mortality exceeds 20 percent of the total number of each species in the mitigation plan. Should the County Manager or designee determine the need for an extended monitoring schedule, monitoring may continue until at least an eighty percent survival of required planting(s) has been attained. iii. The soil and hydrological conditions for some mitigation areas may favor some of the plants and preclude others. Should the county and/or consultant find that over time, some of the species planted simply don't adjust, the mitigation plan shall be reevaluated by both the consultant and the county, and a revised plan will be instituted. This condition shall not apply to all mitigation areas and each case will be evaluated individually, based on the supported [supporting] data submitted by the mitigator. iv. Should there be a change in ownership of the property identified in the approved mitigation plan, the seller will be responsible for notifying the buyer of the mitigation plan and any requirements pursuant to the plan. f. Donation of land or funds. The donation of land and/or funds to a public agency may be made if none of the above are viable alternatives. This donation of land and/or funds shall be equal to or greater than the total sum it would cost to mitigate for the violation according to section 10.02.06 E.3.a. including consulting fees for design, and monitoring, installation costs, vegetation costs, earth moving costs, irrigation costs, replanting and exotic removal. 4. Appeal from enforcement. Any person who feels aggrieved by the application of this section, may file, within 30 days after said grievance, a petition with the County Manager or his designee, to have the case reviewed by the Collier County Board of County Commissioners. 5. Suspension of permit requirement. The Board of County Commissioners may, by emergency resolution, suspend the permit requirement for vegetation removal in the aftermath of a natural disaster, such as a hurricane, when the following conditions are met and contained in the resolution: a. The suspension is for a defined period of time not to exceed 30 days or as otherwise set by the Board of County Commissioners. b. The vegetation removal is necessitated by disaster related damage. c. The suspension is not applicable to vegetation within habitats containing listed species (as regulated in section 3.04.00). 6. Existing Code Enforcement cases. The requirements of 10.02.06 E.2.a.iii and 10.02.06 E.3.e.i shall not apply to existing Code Enforcement cases with Page 76 of 89 Words struck through are deleted,words underlined are added 9B plans/orders approved prior to [effective date of Ordir>jance1, unless the respondent elects to use the new criteria. * * * * * * * * * * * * * SUBSECTION 3.11. AMENDMENTS TO SECTION 10.02.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY Section 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy * * * * * * * * * * * * * C. Certificate of public facility adequacy. 1. General. a. Payment of road impact fees to obtain a certificate of adequate public facilities. This section is to be read in conjunction with Section 74-302(h) of the Collier County Code of Laws and Ordinances. ii. A five year tem y certificate of public facility adequacy (COA) shall be issued concurrent with the approval of the next to occur final local development order. A •- •• - -• -- - ---• •-- - of public facility adequacy is issued, 20% of the estimated pre approval letter will be due upon payment of the estimated road impact fees in accordance with the provisions of Section 74- 302(h) of the Collier County Code of Laws and Ordinances. Such payments will be and deposited into the applicable impact fee trust fund. The funds will then be immediately available for appropriation by the Board of County Commissioners for transportation capital improvements, except that for those non- residential (i.e., typically commercial or industrial) developments otherwise required to obtain approval of an SDP prior to the issuance of a building permit, applicants for a final subdivision plat may elect to: a) Comply with the applicable regulations of this section as to one or more of the lot(s) of the FSP and obtain a COA specifically for just that lot or lots at a specified intensity of development; or Page 77 of 89 Words struck-through are deleted,words underlined are added 9B b) Delay submitting a TIS and obtaining a COA for all of the proposed lots, or just those remaining lots not then already complying with this section, until a required SDP is applied for and the terms of this section are then complied with including payment of estimated transportation impact fees. The subject development is not allocated any available road system capacity or considered eligible to be vested for transportation concurrency purposes, however, until approval of a TIS, payment of estimated Transportation Impact Fees in accordance with this subsection, and issuance of a COA in accordance with Chapters 3, 6, and 10 of this Code and Rule 9J- 5.0055, F.A.C. Final calculation of impact fees due will be based on the intensity of development actually permitted for construction and the impact fee schedule in effect at the time of the building permit(s) application, such that additional impact fees may be due prior to issuance of the building permit(s). The balance of transportation 20%, beginning one year after the initial 20% payment. iii. Impact fees for all other Category "A" capital improvements will be paid at the time of issuance of building permits at the rate then currently applicable. iii. At the time a temporary COA is issued, and the first 20% of the County sufficient security, the form of which has been approved by the Board of County Commissioners, for a term of four years, in an amount equal to the 20% payment. iv. Upon payment of 100% of the estimated impact fees, the certificate will be issued in perpetuity and the dedicated security will be released. No furthcr advance payments will be due once impact fees. v. Once the initial 20% of the estimated payment has been paid, the security has bccn deposited with the County, and a temporary COA has been issued, failure to submit the remaining additional security; and b) The matter will be referred to the Board of County Commissioners for review. Absent the Board finding Page 78 of 89 Words struck through are deleted,words underlined are added X98 vi. For those developments that have secured a three year COA, in balance of the estimated transportation impact fees, based on the impact fee rate in effect at the time of the pre approval letter, must • •o • - • certificate. For those developments that have secured a three- period for an additional five years, the balance of estimated transportation impact fees based on the impact fee rate in effect at the time of the pre approval letter must be paid in five additional annual installments of 20%, with the first payment being made .o - - •-- ' • - -- . - - -- _- -- - th0. - ••-- - -- payment of 100% of the balance of thc estimated impact fccs, the will be released. No further advance payments will be due once actual road impact fees are paid equal to the balance of the estimated transportation impact fccs. Once the first additional annual installment has been paid, the security has been deposited submit payment in accordance with the provisions of this subsection shall result in the following: . • ._ County will exercise its payment rights to the dedicated security; and b) The matter will be referred to the Board of County Commissioners for review. Absent the Board finding ceptional circumstances, thc temporary certificate of public facility adequacy shall be revoked. vii. Offsets for road impact fees assessed to building permits for any remaining balance of payments related to the original three- year certificate, will be applied equally to the new or remaining viii. This provision is to be read in conjunction with section 71 302(h) of the Collier County Code of Laws and Ordinances. b . Annual Trafic1PUD Monitoring Report. Planned Unit Developments (PUDs) that are less than one hundred (100) percent "built out", must development. The traffic report shall be submitted as part of the annual Page 79 of 89 Words struck through are deleted,words underlined are added 9B approval by thc Board per LDC section 10.02.13 F. i. The written report shall be submitted to, and be in a format in lieu is provided pursuant to section 10.02.13 F., ii. The report shall provide any revised estimates to thc initial build out schedule and any resulting effect on traffic impact projections, along with any progress towards completing any developer contribution requirements. iii. The traffic reporting requirements are the responsibility of the entity or entities that: a. Retains the development rights to any density or intensity; of iv. Traffic/PUD Monitoring Reports which are more than thirty (30) days past due will result in the suspension of final local v. The county manager or designee may waive the traffic counts for the annual monitoring period for the entire PUD or portions of the PUD under the following conditions: a) If portions of the PUD have remaining un built approved density or intensity that produces less than twenty five {25) PM peak trips, b) If the PUD or portions of the PUD are completely built out or are still vacant vi. A notarized statement is required to request a traffic count waiver stating one (1) of the reasons above. b. vii- The PUD owner(s) "the Developer, Home Owners Association, Master Association or similar entity" may petition the Board of County Commissioners to relinquish the development rights to any un-built units and declare themselves "built-out" in order to satisfy all reporting requirements. The applicant shall be responsible for any documentation required to verify the status of the PUD when requesting a waiver or a determination of"built-out" status. Page 80 of 89 Words struck through are deleted,words underlined are added 913 c. Where the proposed development has been issued final subvision plat approval or final site development plan approval, a certificate of public facility adequacy shall be obtained prior to approval of the next development order required for the proposed development. d. Assessment and application of transportation impact fees and surrender of certificate of public facility adequacy. Upon notice by facsimile or other approved electronic format that an application for a final local development order and a certificate have been approved and prior to expiration of the temporary, 1-year capacity reservation previously secured by the applicant upon the County's acceptance of the TIS pursuant to section 10.02.07 C.4.f., an applicant may pick up the certificate upon payment of the estimated transportation impact fees due in accordance with section 10.02.07 C.1.a. Such estimates shall be based -- - -- - - -- - - -- - -- - - - -- - -. If the certificate is not picked up within the timeline set forth above and the applicable estimated transportation impact fees paid, the application will be deemed denied and the certificate will be voided. In such a case, the applicant shall then be required to apply for an extension of the capacity reservation in accordance with section 10.02.07 C.4.f. If the size of the residential units is not known at the time of payment, the transportation impact fees for residential development will be estimated using the fee based on the mid-range housing size. Road impact fees paid to obtain a certificate of adequate public facilities are non-refundable after payment and receipt issuance of the certificate of public facility adequacy certificate. amendment, or not later than 90 days prior to the expiration of the 3 year period for certificates issued prior to the effective date of this amendment, -- _ -- -- -- - -- • - --- -- - _-_ _ 9.9 -. . If the estimated transportation impact fee account becomes depleted, the developer shall pay the currently applicable transportation impact fee for each building permit in full prior to its issuance. In the event that upon build-out of the development estimated transportation impact fees are still unspent, the remaining balance of such estimated fees may be transferred to another approved project within the same, or adjacent, transportation impact fee district, provided any vested entitlements associated with the unspent and transferred transportation impact fees are relinquished and the certificate of public facility adequacy is modified to delete those entitlements. 2. Rules of general applicability for certificate of public facility adequacy. Certificates of public adequacy issued for roads under section 10.02.07 C.1. of this Code will remain in effect - - ' •- - - - - -- - - •- --- -- - provided provisions of subsection 10.02.07 C.1. d. of this Code are met and that annual mid-year monitoring reports are filed which comply with section 10.02.07 C.1. of this Code and all developer requirements established during zoning or as part of a developer contribution agreement are completed or are being constructed consistent with the current development infrastructure improvement construction Page 81 of 89 Words struck through are deleted,words underlined are added 9B commitment schedule. * * * * * * * * * * * * * SUBSECTION 3.JJ. 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. There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor. Language changes to a previously approved PUD document shall require the same procedure as for amending the official zoning atlas, except for the removal of a commitment for payment towards affordable housing which is considered to be a minor change as described in Section 10.02.13 E.3.c. 1. Substantial ' changes. Any substantial change(s) to an approved PUD master plan Ordinance shall require the review and recommendation of the Planning Commission and approval by the Board of County Commissioners as a PUD amendment prior to implementation. Applicants shall be required to submit and process a new application complete with pertinent supporting data, as set forth in sections 10.02.13 A and B. Any insubstantial change(s) to an approved - . -- - - - - -- - - -- - - - - ' '•'e - - . .. _ . Forthe purpose of this section, a substantial change shall be deemed to exist where: * * * * * * * * * * * * 2. - ,.-:. - • .- • - • '. .- •- . • Insubstantial change determination. An insubstantial change includes any change that is not considered a substantial or minor change. An insubstantial changes) to an approved PUD Ordinance based upon an evaluation of subsection 10.02.13 E.1 shall require the review and approval of the Planning Commission based on the findings and criteria used for original applications as an action taken at a regularly scheduled meeting. a. The applicant shall provide the Planning Services Department Director documentation which adequately describes the proposed changes along with the appropriate review fee prior to review by the Planning Commission. The PUD master plan map shall show all data normally required for submittal of a PUD master plan unless it is otherwise determined not to be necessary, describing the proposed changes in: land use; densities; infrastructure; open space, preservation or conservation areas; area of building square footage proposed for nonresidential development; change in potential intensity of land use and related automobile trip movements, and relationships to abutting land uses. In addition, the applicant, for evaluation of PUD master plan revisions, shall provide a detailed written narrative describing all of the change(s) and the reasons for the request. Upon receipt of the amended Page 82 of 89 Words truck'gigh are deleted,words underlined are added 9B PUD master plan, the Planning Services Department Director shall review said plan against criteria established within section 10.02.13 E.1 above and may forward the plan to any other agency, division or authority deemed necessary for review and comment. - - - - . the applicant shall be required to submit and process a new application 13- /1. Insubstantial changes procedures. Any insubstantial change(s) to an approved require the review and approval of the Planning Commission based on the regularly scheduled meeting. 5. Language changes. Language changes to a previously approved PUD document 6 3. Minor changes_ . The following are considered minor changes, and may be approved by the County Manager or designee under the procedures established in this section. - -- - -- --- '- , - - - a. Educational and ancillary plants exception. When a PUD is amended for the sole purpose of adding an Educational and/or ancillary plant, that PUD will not be subject to the review process outlined in section 10.02.12 E.13 E.1. The review conducted will be limited to the impacts that the Educational or ancillary plant will have on the surrounding uses. b. 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: Internal realignment of rights-of-way, including a relocation of access points to the PUD itself, where no water management facility, conservation/preservation areas, or required easements are affected or otherwise provided for. b: ii. Relocation of building envelopes when there is no encroachment upon required conservation or preservation areas. Page 83 of 89 Words struck th�ougghh are deleted,words underlined are added 9B iii. Relocation of swimming pools, clubhouses, or other recreation facilities when such relocation will not affect adjacent properties or land uses. d iv. Relocation or reconfiguration of lakes, ponds, or other water facilities subject to the submittal of revised water management plans, or approval of the EAC where applicable. Minor changes of the type described above shall nevertheless be reviewed by appropriate staff to ensure that said changes are otherwise in compliance with all county ordinances and regulations prior to the Planning Services Department Director's consideration for approval. c. Affordable housing commitments. Beginning [effective date of this Ordinancel, the County Manager or designee shall be authorized to make minor text changes to remove affordable housing commitments to pay an affordable housing contribution in PUDs, Development Agreements, and Settlement Agreements if the following conditions are met: The applicant notices property owners in writing in accordance with sections 10.03.05 B.10 or 10.03.05 B.11 as may be applicable. ii. If no written objection is received, the request to remove commitments is deemed approved. iii. If a property owner who receives notice submits a written objection within 30 days of the mailing of the notice, the matter shall be scheduled for public hearing before the Board of County Commissioners. Public notice shall comply with subsection 10.03.05 B.13 of the LDC. * * * * * * * * * * * * * F. Monitoring requirements. In order to ensure and verify that approved project densities or intensities of land use will not be exceeded and that development commitments will be fulfilled and are consistent with the development's approved transportation impact study, annual monitoring reports must be submitted by the owner(s) of a PUD to the County Manager or his designee. 1. The monitoring report must be prepared in a County approved format as an affidavit executed by the property owner(s) attesting that the information contained in the monitoring report is factually correct and complete. These reports are to be submitted annually, on or before each anniversary of the date said PUD was approved by the Board until the PUD is completely constructed and all commitments in the PUD document/master plan are met (built out). A tract or parcel of a PUD that has completed construction within that tract may be Page 84 of 89 Words struck-thfoughh are deleted,words underlined are added i 9B considered built-out and not responsible for annual monitoring reports, as long as all PUD commitments within that tract are complete. This built-out status does not exempt the tract owner(s) from commitments applicable to the entire PUD. * * * * * * * * * * * * * 6. Traffic Count Monitoring requirements. A onetime payment for permanent traffic count stations shall be due at the time of the first PUD Annual Monitoring Report following the first certificate of occupancy within the PUD. The payment shall be based upon the number of ingress and/or egress points (Access Points) based upon the conceptual Master Plan within the PUD Ordinance. Each Access Point shall require a payment of $500.00. If additional Access Points are granted at any time, an additional payment of $500 per Access Point will be payable with the following Annual Monitoring Report. The Traffic Count monitoring requirement shall be considered fulfilled for all PUDs that have already provided at least one traffic count or payment in lieu of traffic counts. PUDs that have traffic count monitoring language tied to specific commitments within their ordinances shall remain in effect. * * * * * * * * * * * * * SUBSECTION 3.KK. 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 * * * * * * * * * * * * * S. Site development plan time limits. Approved final site development plans (SDPs) only remain valid and in force for 2 3 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 2 3 years, measured from the date of such site development plan approval, the site development plan approval term expires and the SDP; is of no force or effect; however, 1 amendment to the SDP; may be approved; prior to the expiration date, which would allow the SDP as amended to remain valid for 2 3 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. Page 85 of 89 Words struck through are deleted,words underlined are added i * * * * * * * * * * * * * 9B SUBSECTION 3.LL. AMENDMENTS TO SECTION 10.08.00 CONDITIONAL USES PROCEDURES Section 10.08.00 Conditional Uses Procedures, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.08.00 Conditional Uses Procedures * * * * * * * * * * * * * E. Conditions and safeguards. In recommending approval of any conditional use, the Planning Commission may also recommend appropriate conditions and safeguards in conformity with this Zoning Code. Violation of such conditions and safeguards, which are made a part of the terms under which the conditional use is granted, shall be deemed a violation of this Zoning Code. 1. Any conditional use shall expire 3 5 years from the date of grant, if by that date the use for which the conditional use was granted has not been commenced. 2. Any conditional use shall expire 1 year following the discontinuance of the use for which the conditional use was granted unless the site was improved and/or structures built for the specific uses approved by a conditional use and which cannot be converted to a use permitted by the underlying zoning designation of the site. 3. The Board of Zoning Appeals may grant a maximum of one 1 year 2-year extension of an approved conditional use upon written request of the petitioner. * * * * * * * * * * * * * SUBSECTION 3.MM. AMENDMENTS TO APPENDIX A — STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVEMENTS Appendix A — Standard Performance Security Documents for Required Improvements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 86 of 89 Words struck gh are deleted,words underlined are added 9B APPENDIX A — STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVEMENTS * * * * * * * * * * * * * IRREVOCABLE STANDBY LETTER OF CREDIT NO. (insert issuer's identifying number) ISSUER: (insert full name, street address, and telephone number of Issuer) (hereinafter "Issuer"). PLACE OF EXPIRY: At Issuer's counters. DATE OF EXPIRY: This Credit shall be valid until (insert date of first anniversary of date of issue), and shall thereafter be automatically renewed for successive one-year periods on the anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew this Credit. APPLICANT: (insert full name of person or entity) (hereinafter "Applicant") (insert Applicant's current business address). BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary") do Engineering 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 OR DESIGNEE, CERTIFYING THAT: "(insert name of Applicant) has failed to construct and/or maintain the improvements associated with that certain plat of a subdivision known as (insert name of subdivision) or a final inspection satisfactory to Collier County has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary." DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under (insert name of Issuer) Credit No. (insert Issuer's number identifying this Letter of Credit), dated (insert original date of issue) The original Letter of Credit and all amendments, if any, must be presented for proper endorsement. Draft(s) may be presented within the State of Florida at the following address (list Florida address). This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to any document, instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the 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 2007 Revision) International Chamber of Commerce Publication No. 500 600. Page 87 of 89 Words struck through are deleted,words underlined are added 9B (Name of Issuer) By: Printed Name/Title (President, Vice President, or CEO) (Provide proper Evidence of Authority) * * * * * * * * * * * * * 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 Section not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. Page 88 of 89 Words struck through are deleted,words underlined are added 96 SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State, Tallahassee, Florida. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 25th day of September, 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA tft 4i ttiL By: } de u Clerk FRED W. COYLE, Chairman Approved as tt5 form and legal sufficiency: J.( / it C.; F d H idi Ashton-Cicko, Esquire Managing Assistant County Attorney 04-CMD-01077/1038 (9/26/12) Page 89 of 89 Words struck through are deleted,words underlined are added 9P 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 2012-38 which was adopted by the Board of County Commissioners on the 25th day of September, 2012 , during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of October, 2012 . DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners Il■ . Teresa Cannon; Deputy Clerk ORDINANCE NO. 12—39 9 B AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 — GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO — ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-NEIGHBORHOOD COMMERCIAL SUBDISTRICT, SECTION 4.02.17 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-WATERFRONT SUBDISTRICT, SECTION 4.02.18 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-RESIDENTIAL SUBDISTRICT (R1), SECTION 4.02.19 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-RESIDENTIAL SUBDISTRICT (R2), SECTION 4.02.20 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-RESIDENTIAL SUBDISTRICT (R3), SECTION 4.02.21 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-RESIDENTIAL SUBDISTRICT (R4), SECTION 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD-MIXED USE SUBDISTRICT (MXD), SECTION 4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD-RESIDENTIAL SUBDISTRICT (R); CHAPTER TEN — APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING ADDING SECTION 10.02.15 MIXED USE PROJECT PROCEDURES WITHIN THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AREA; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and Page 1 of 122 Words struck through are deleted,words underlined are added 9B WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of Commissioners pursuant to Section 10.02.09 A. of the LDC; and WHEREAS, this amendment to the LDC is part of the first amendment cycle for the calendar year 2012; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on September 11, 2012 and September 25, 2012, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community Planning Act (F.S. § 163.3161 etseq.), 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 Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan. Page 2 of 122 Words etruck through are deleted,words underlined are added 2. After adoption of the Comprehensive Plan, the Act and in particular §9 B 163.3202(1). F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b), F.S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its comprehensive plan pursuant to the requirements of§ 163.3161 et seq., F.S. 7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan, or element or portion thereof shall be consistent with such comprehensive plan or element or portion thereof. 8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. Page 3 of 122 Words stfusk-thfaugh are deleted,words underlined are added 9B 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 1.08.02 Definitions * * * * * * * * * * * * * Artist Village: A residential development intended exclusively for the housing of artists, such as painters, sculptors and jewelry makers, and that consists of one or more multifamily attached dwellings, clustered single-family detached dwellings, or a combination thereof, with shared studio and/or gallery space that may be used by all residents. Page 4 of 122 Words struck gT are deleted,words underlined are added 9B ' . I * . . . . . . . „ „ .* * Community Garden: A single piece of land managed and maintained by a group of individuals to grow and harvest food crops and/or non-food, ornamental crops such as flowers, for personal or group use, consumption or donation. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members. * * * * * * * * * * * * * Live-Work Units: A dwelling unit in which a significant portion of the space includes a non-residential use that is operated by the tenant. * * * * * * * * * * * * * Mixed use project approval process: A process by which a land owner may petition the BGG for approval of a mixed use project — a mix of commercial and residential uses, as provided for in certain zoning overlay districts. If located within certain subdistricts in the Bayshore Drive Mixed Use Overlay District or the Gateway Triangle Mixed Use Overlay District, such a petition may include a request for increased density by use of bonus density pool units. * * * * * * * * * * * * * SUBSECTION 3.B. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS Section 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.07 Overlay Zoning Districts * * * * * * * * * * * * * I. Bayshore Drive Mixed Use Overlay District. Special conditions for the properties adjacent to Bayshore Drive as referenced on BMUD I i . - - - - --• -- - .- -- - - - „_ ,i - •" - •- - -- -- - - - - - - - - County Zoning Atlas Map or map series. 1. Purpose and Intent. a. Bayshore Drive Mixed Use Overlay District is to encourage revitalization -- - - -- - _ _ .-- e - - -- e-.. ' - e--: --- Design (TND) projects. TNDs are typically human scale, pedestrian other. Residential-uses are often located above commercial uses, but can be separate areas of residential use only with close proximity to Page 5 of 122 Words struck s=are deleted,words underlined are added B -1 FA 111 transportation network. When possible buildings, both commercial and and/or balconies. 2. Applicability a. These regulations shall apply to the Bayshore Drive Mixed Use Overlay designation "BMUD" on the applicable official Collier County Zoning Atlas Maps. Except as otherwise provided by this section of the LDC, other b. Existing Planned Unit Developments (PUDs) are not subject to the Bayshore Overlay District requirements; however, PUD applications he c. Amendments or boundary changes to PUDs that existed prior to March 3, 2006 arc not subject to the Bayshore Overlay-District requirements. previsions of the BMUD Neighborhood Commercial (NC) or Waterfront from the BCC. However, in either instance, BMUD site development section 2.03.07 I.6.h. of this Code. C-1 through C 5 zoning districts shall be in accordance with section 9.03.00, of the LDC. Page 6 of 122 Words struck through are deleted,words underlined are added 9 '1- - FLE7—"1 ofituoAnd Ulti* I e Ill • 1 I I L.,. L.n, ' ' I 'Vlikle •-t- G.tewav Tnanale Mmed Use Overlay Dlstr,g_ GYM.AIXO Mixed Vs.Svbdostnct GYMUO Raaldentlel Subdistrict 1-7* Ic41 ■sit. (XXXI under Llano Zorla1O I[ Ws Trlar■Me APZ Accessory Padang Zone \s, Future Land Use L Acbv0 Center 16 1 ... Overlay..., / B211-1114-41ap-1 . - . e•- . • tee a. Owners of property in the Neighborhood Commercial (BMUD NC) and -- e- E44 - .1) •. •••• e- • •e• Et. e e - e. - _e••••• - MUP approval shall acknowledge that the owner shall not seek or request, and the County shall not thereafter grant or approve, any additional uses beyond those allowed in the C 1 through C 3 zoning demonstrating compliance with the criteria in section 10.03.05.G. b. There shall be a public hearing before the Planning Commission. legally -- ' -- -- - --. -e e. - !.!-,!-.-. . . .e ee -e e e •*-e e - -- •e• --- -e -e•••••• make a recommendation to the Board of County Commissioners based upon the criteria provided in subsection 10.03.05 G.8.There shall be a *.e •_ ••e e- e - -e. -e - -e .e -e e. e section 10.03.05.G. If approved by the BCC, such approval shall be by resolution. c. Once a Mixed Use Project has been approved by the BCC, the applicant _ e: e -e e E - - ••-- •-e -••-- e -- •e• 10.02.03 B.1. of this Code, to the Community Development and Environmental Services Division within six months of the date of approval. _ • e- e- - •••--e - •: . ..-e -e e - •- e •• • •*- • .•• ! e e•• • • - - • " e--• e -- -2 e dt• ' t. • • •"2 *" * • —2- •• e-•-e ••- e •-e ••. * -* e• 44 * ee e official zoning atlas map. The burden is on the applicant to submit an SDP application in a timely manner, to be responsive to the County's Page 7 of 122 Words struck through are deleted,words underlined are added 9 B SDP review comments, and to commence construction in a timely manner after SDP approval has been granted. d. MUP approval shall expire and any residential density bonus units shall following occur: i. The SDP is not submitted within six months of MUP approval by the BCC. Vital- pursuant to section 10.02.03.BA.a. iv. The SDP is considered no longer valid, pursuant to section 10.02.03.B.4.b. and c. c. Once a property owner, through a MUP approval, elects to develop or redevelop a mixed use project under Neighborhood Commercial (NC) or compliance with all provisions of the overlay and cannot revert back to the 4. Ben-us-Density-Rool-AlloGati on Under the Collier County Future Land Use Element, 388 bonus density units are Overlay. The County Manager or designee will track the Bonus Density Pool between this BMUD overlay and the Gateway Triangle Mixed Use Overlay District (GTMUD), and shall only be allocated through the MUP approval process. To qualify for up to 12 dwelling units per acre, projects shall comply with the following criteria. This density of up to 12 dwelling units per acre is only applicable until the bonus density pool has been depleted. a. The project shall be within either the Neighborhood Commercial or commercial and residential uses, as set forth in 1.a., above. b. Base density shall be as per the underlying zoning district. The maximum being sought. The difference in units per acre determines the bonus density allocation requested for the project. Page 8 of 122 Words struck through are deleted,words underlined are added 9B c. For proposed projects, only the Affordable Housing Dcnsity Bonus, as eligible bonus density units provided herein as the entire BMUD is within the Coastal High Hazard Area (CHHA). .-T-he-pr-elect shall comply with the standards for mixed use development set forth in the Bayshore Mixed Use Overlay-District. increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies. 5Adni in istrative-Devi Mien-6T this MUP Administrative Deviation process to grant administrative b. Applicability List of Development Standards Eligible for deviation requests and Associated Criteria. At the time of SDP application an I. 4.02.16.A.Table 11.Front Yard(including build to line). and procedures of Sec. 5.05.08. F. Deviations and for an administrative deviation the site shall meet at least one of the following conditions or circumstances: building(s) or structure(s) would conflict with regulatory standards for existing public utilities or which cannot reasonably be relocated or vacated based on physical or legal restrictions, as appliGable, ii) parcel configurations of unique or challenging boundary geometry such as when a parcel's as defined by a ratio of acreage to frontage in minimum of 110% of the parcel frontage. Page 9 of U2 Words struck gh are deleted, words underlined are added 9 B b) In order for the conditions or circumstances under b), immediately above, to be approved for a deviation, the following criteria shall also be met: i) the proposed alternative shall be integrated into the ..,ting and future vehicular and pedestrian ii) the proposed alternative shall demonstrate their associated pedestrian and vehicular . .- •- A - - ". .:••: •- - - -- building façades facing the intersecting east-west streets with Bayshore shall have the same architectural design treatment as the building façade facing Bayshore Drive; • . A •_ c) 5.05.08 Architectural and Site Design Standards. iii. 4.02.16 F. Landscape and Buffer Requirements and 4.06.00 The alternative plans requesting approval for deviation from process and procedures of 5.05.08.F. Deviations and Alternative addition to othcr conditions that the County Manager or designee deems necessary. iv. 4.02.16. E. Design Standards For Awnings, Loading Docks, and Dumpsters and 5.03.04. Dumpsters and Recycling, limited to: a) deviation requests for individual structures with curbside pickup, that shall be subject to the process and procedures provisions of subsection 5.03.04 G. Curbside Pickup. b) requests for locational deviations from the subsection 4.02.16. E. shall be subject to the process and procedures of 5.05.08 F. Deviations and Alternate Compliance and comply with the provisions of subsection 5.03.04 A. Page 10 of 122 Words struck through are deleted,words underlined are added 9B v. Notwithstanding the process and procedures set forth above for decisions of the County Manager or designee shall be made Code of Laws and Ordinances. '•� • = � - - . .c. - • -- - _- - - • -- -- - - subject to the process and procedures of 4.05.01. F.2. a. Neighborhood Commercial-Subdistrict (NC). The purpose and intent of this subdistrict is to encourage a mix of low intensity commercial uses and residential uses (sec 2.03.07 1.6. Tables 1 and 2). Developments will be human scale and pedestrian oriented. For mixed use projects only, subject to the MUP approval process in Sec. 2.03.07.1.3., refer to Tables 1 and 2 for permitted uses. Otherwise, permitted uses arc in accordance b. Waterfront Subdistrict (W). The purpose of this subdistrict is to allow are the same as those set forth for the Neighborhood Commercial mixed use projects only, subject to the MUP approval process in Sec. uses. Otherwise, permitted uses are in accordance with the underlying zoning district. c. Residential—Subdistrict 1 (R1). The purpose of this subdistrict is to i. Permitted uses. The following uses are allowed in the R1 Subdistrict. a) Residential-Uses. 1. Single family dwelling units. 2. Two family dwelling units. 3. Duplexes. 4. Townhouses. 5. Multi family Dwelling Units. 8. Mobile homes, when permitted by the underlying zoning 7. Essential Services as provided for in section 2.01.03 8. Parks, Public or Private, Play Areas and Playgrounds. Page 11 of 122 Words struck through are deleted,words underlined are added 9B b) Accessory uses. 1. Private boathouses and docks. 2. Garages. 3. Guesthouses. 4. Swimming pools private. uses between commercial and single family development. The multi family buildings shall be compatible with the building patterns of Permitted uses. The following uses are allowed in the R2 Subdistrict. a) Residential-Uses. 1. Single family dwelling units. 2. Two family dwelling units. 3. Duplexes. 4. Townhouses. 5. Multi family Dwelling Units. 6. Essential Services as provided for in section 2.01.03 7. Parks, Public or Private, Play Areas and b) Accessory uses. 1. Garages. 2. Guesthouses. 3. Swimming pools private. 4. Private boathouses and docks. townhouses and single family residences. All new development in thin Permitted uses. The following uses are allowed in the R3 Subdistrict. a) Residential Uses. 1. Single family dwelling units. 2. Two family dwelling units. 3. Duplexes. 4. Townhouses. Page 12 of 122 Words struck through are deleted,words underlined are added 9 Li 5. Multi family Dwelling Units. 6. Mobile & Motor homes, when permitted by the underlying-zoning, 7. Essential Services as provided for in section 2.01.03 8. Parks, Public or Private, Play Areas and Playgrounds. b) Accessory uses. 1. Garages. 2. Guesthouses. 3. Swimming pools private. 7. Private boathouses and docks. f. Residential Subdistrict 4 (R4). The purpose of this subdistrict is the same as Residential Subdistrict R1 except only single family detached dwelling units are permitted. i. Permitted uses. The following uses are allowed in the R4 Subdistrict. a) Residential-Uses. 1. Single Family Dwelling Units. 2. Essential Services as provided for in section 2.01.03 3. Play Areas and Playgrounds. b) Acce-sory uses. 1. Garages. 2. Guesthouses. 3. Swimming pools private. 4. Private boathouse and docks. g. Mixed Use Activity Center Subdistrict. Portions of the Bayshore Overlay District coincide with Mixod Use Activity Center #16 designated in the Future Land Use Element (FLUE) of the Collier County Growth requirements of the underlying zoning district and the mixed use activity standards as stated in section 4.02.16 of this Code. h. All subdistricts. Development within all subdistricts of the BMUD shall be subject to the site development standards as stated in sections 4.02.16 through 4.02.21 as applicable. The subdistrict site development standards zoning classification. Page 13 of 122 Words struck through are deleted,words underlined are added . .. ` 9B BAWD RUUD Neighborhood Waterfront Commercial Subdistrict Subdistrict 1W) accessary-uses) Land Use Type or Category Accounting Services 8721 P P Adult Day Care Facilities&Centers 8322 - - Agricultural Outdoor Sales - - - 0741,0742,0752 - - 0711,0721, 0722 0721,0762, - - 0782,0783 Aircraft and Parts 3721 3728 - - Airport Ccncral Aviation - - - =- 7911,7991 - - - - - 7999 tourist guides only - - Ancillary Plants - - - O311_0309 - - 5611 5600 P P Appraisers - - - --- P P • ;- - - -- -. . . - -- -• , 7922 0781,8711 8713 P P P 7389,5000 - - Auto and Homo Supply Store 5534 - - 7521 €} - 7513 7510 - - = 5511,5531,5511,5571,5500 - - 7241 P R 7231 P P Biking Trails - - ommy--rrmra - 7933 - - 1521 1542 - - _ - 5211 5261 - - 8624 - - 7311,7313,7322 7338,7384 P P 7312 7379,7381, 7389,7312 - - Canoe-Rental - - P Canoeing Trails - - - Care Units - - - Carwashes 7542 - - Child Day Carc Services 8314 - - - - Civic and Cultural Facilities - P P 2x52 - - Page 14 of 122 Words struck through are deleted,words underlined are added B Communications /812 1899 - - - Construction - - - Construction Heavy - - - 1711 1799 - - 601-1-6099 - - 58-1-3 - Drug Stores 694-2 P P 28334836 - - Eating Establishments and Places 5842 €2 €2 Educational Plants - - - Educational Services 8221 8290 - - e 364-2-3699 - - 8711 8713 P P Equestrian-Paths - - - Essential Services - P P Excavation - - - 3411 3479,3119 ••9 - - Fairgrounds - - - - Fishing Piers - - - 0912 1919 - - 2034,2038,2053,2064,2066, - - 2068,2096,2098,2099 Food-Products 2011 2099 - - Food Stores 5411,5421 5499 E4 P 7261 - - 2511 25 9 - - - - 1521 5261 - - 5311 5399 P P 4793 - - Golf-Courses - - - 0111 9222,0224 9229, 9311, - - 9111 9151,9511 9532,9611 9664 - Gunsmith Shop 7699 - - 6264 - - Health Food Stores - - - alth Servicos P P 8051 8059,8062 8069,8071, - - 1611 1620 - - Hiking Trails - - - 5712, 5719,5731 5736 P 5534 - - 7011,7021,7011 - - 7011 €' €b Houseboat Rental 7999 - - 28122819 - - Equipment 3511 3599 _ = 6311 6399,6411 P P 6712 67 0 - - - .= 8334 - Page 15 of 122 Words struck through are deleted,words underlined are added 9B Justice,Public Order&Safety 9221,9222,0229 - - Laber-Peoi 7393 - LaboF-Unions 8634 - - Lakes-Operations 7999 - - 7623 - - Legal-Services 8111 P P Leather Products 34-31-3199 - - Libraries 8234 - - Local and Suburban Transit 41-1-1-44247-4434-4473 - - 2426,2431 2499 - - 8711 8748 P P Marinas 4493 P P - 3812 3873 - - 3812 3873 - - Centers 8071,8072,8092,8093 8611-8699 P P 3944-399g - - 7622,76296-7631,7699$ g €' - = 5912,5932 5949,5992 5900 P P 5271 - - 7812 7810 -Motion-Picture-Theaters 7832 - - 4225 - - Meter-Homes - - - P P 8442 P P Nature-Trails - - - :• e :: ' :• _ _. 6111 6163,6011,6081,6082, - - 6019,6021,6001,6090 NtlfSigg-Hemes - - 7629 7631 - - Open-Space - - - Outdoor Storage Yard - - - 5231 - - 2621 2679 - - Park Service Facilities - - - Parking Facilities, - P P Parking Services - P P P - -- - -- -- -- _ ' - - 8244 - - 7999 - P Performing-Arts-Theater 7922 P-9 - 7212,7291 P P 7215 7231,7221 7251,7241, - - 7261,7200 3842-3873 - - 7221 P la 7991 - - Pickup Coaches - - - - - - - - - - = - 2821,2834 - - Page 16 of 122 Words struck-through are deleted,words underlined are added 9B Play ereas and Playgrounds P ... - P - - - •. 2744-2796 - - Professional Offices 6712 6799,6411,6311 6399, P P 6531,6511,6552,6553,8111 Professional Organizations 8634 - - 9111 9199,9224,9229,9311, P P 9111 9151,9511 9532,9611 9664 Railroad Transportation 4011,1013 - - Real Estate 6531 6511 P P Real Estate Offices 6512 6514,6519,6552,6553 - - - 8093 - - P P classified 7699 Research Centers 8093 - - 8732 - - _ P P 5261 - - 302-17-30523053 - - Schoelspublis - - - - Schools—Vocational 8243-8299 - 6211 6289 P P = 7251 P P 7999 - - P - Social-Services 8322-8399 - - _, 3221,3251,3253,3255 3273, - - 3275, 3281 Storage - - - Synthetic_Materials 2834 - - Testing--Services - - - - Title Abstract Offices 6541 - - 7511, 7515,7521 - - Townhouses _ P P Transportation by Air 4512 4581 - Transportation-Equipment 3714,3716,3731,3732,3751, - - 4721 4783,4789 - - Travef-Agencies 4724 - - Travel Trailers 5564 - - P P United States Postal Service 4311 €° €e Veterinarians Office 742 0 €� 752 P P Videotape-Rental 7841 € 8334 - - Welding-Repair 7692 - - 54-48 - - _ . - 9. - --- Wildlife-Conservancles 954-2 - - Page 17 of 122 Words struck through are deleted,words underlined are added 9 - - - 9B 3812 3873 - NOTES FOR TABLE 1 • 2 4 5 Except hostels. rod and reel repair. 9 - • - - - - - 4. e- • - -e - -- - - -- - - ' - - - + - - - - -LISENST C — conditional uco SIG-code I1111-1M-NG IAA-NB-W A-=-acres se . - . . , . !h . • Adult day caro 8322 - - Agricultural - - - 0741,0742,0752 0783 - - _ 7911 - - _ 7911 7941,7991 7993,7°97, - - _ 7948,7992,7906,7999 - - Ancillary plants - - - Animal control - - - Aquariums 8422 - - Archery-ranges 7999 - - 7389,5999 - - _- - -- 5521,5551,5561,55 9 - - 7513,7519 - - 7011 S C Boat-Rental - - A Boathouses - A Boat-ramps - - A Boatyards - A Botanical--garden 8422 - - Bettle-clubs 58-1-3 - - Camping cabins - - - Care-Units - - - Cemeteries - - - Page 18 of 122 Words struck through are deleted,words underlined are added 9B Chemical products 2812 2899 - - Child day carc 8364 G C 8664 - - Clam nurseries - - - - Cocktail-lounges 58-1,3 - - - Communisations 1812 4841 - - - Community-centers - - m 7922 - - - Convenience stores 5414 - - .. - - 6011 6090 - - - A A 581-3 - - Driving-ranges - - - Earth-mining _ - - Eating establishments 584-2 - - Education - Edusationeervices 8211 8222 - - == 8211 8231 Electric-generating-plant - s 4911 9971 - - Exsavation - - - 3982 3489 - - Farm labor housing - - - Farm product raw materials 5153--6469 - - €ield-crops - - - 0912 1019 - - €ood-products 2011,2048 - - Food-service - - - Food stores(over 5,000 s.f.) 5411 5199 - - Fuel dealers 5983--6989 - - Fuel facilities - - G13 Funeral services&crematories 7-26- - - Garage - A - Gift-shops 5947 - - Golf-club-house - - - Golf-course - - - Golf-driving-range - - - Croup care units - - - Guesthouses - - - Health services 8044 - - Homeless shelters 8322 - - Hospitals 8062-8069 - - Hotels and motels 7011, 7021,7041 - - Hunting cabins - - - Incinerators - - - Jails - - - 9211 9224 - - 0742,0752 - - Kiosks - - - Page 19 of 122 Words struck through are deleted,words underlined are added - - 9B Leather4anning-&-fihishing 3444 Livestock - - - Local and suburban transit 44-14 1121 - - 4131 4173 - - 2111 2121,2420 - - Marina 4193,4499 - - Miniature golf coursc 7999 - - Motion picturetheaters 7832 - - 7833 -424-2424-3-42264226 - - 4225,1226 - - Nursery--retail 5261 - - _ 8062 - - Nursing-homes - - - Oil and gas extraction 1321, 1382 - - e' - - Outdoorisplay - - - Packinghouse - - - 2611 - - 7291 - - 2944-2999 - - Pistol-of-rifle-range - - - 3312 3399 - - Private boathousc and docks - - A Private-clubs - - - Private landing strips - - - Pro shops(large) - - - Pro shops(small) - - - Refuse systems 4953 - - Rehabilitative enters 8093 - - Re stn -Residential-uses iden - Res rco-��rti - - - 581-2 - - Restaurant(large) 684-2 - - Retail shops or salcs - - - 3061 3080 - - Sanitary-landfills - - - Sawrnills - - - Schools,private - - - 8243 8200 - Service-facilities - - Slaughtering--plants 2011 - - 8644 - - Social servises 8322 8399 - - - - - Page 20 of 122 Words struck through are deleted, words underlined are added 9 r) i 3211,3221,3229,3231,3241, - - A A Storage-enclosed - _ - Tennis facilities 2231,2261 2269,2295,2296 - - Transfer stations 4212 - - 0741 0742 - - 5015,5051,5052,5093 - - = 5162, 5169,5171,5172,5191 - Yacht club 7997 - - Zoo - - - NOTES TABLE 2 Only on waterfront property Bayshore Mixed Use Overlay District (BMUD). This section provides special conditions for the properties adjacent to Bayshore Drive as identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Map or map series. 1. Purpose and Intent The purpose and intent of this District is to encourage revitalization of the Bayshore Drive portion of the Bayshore Gateway Triangle Redevelopment Area with pedestrian-oriented, interconnected projects. The Overlay encourages uses that support pedestrian activity, including a mix of residential, civic and commercial uses that complement each other and provide for an increased presence and integration of the cultural arts and related support uses. When possible buildings, both commercial and residential, are located near the street, and may have front porches and/or balconies. 2. Applicability a. These regulations shall apply to the Bayshore Mixed Use Overlay District as identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Maps. b. Planned Unit Developments (PUDs) that existed prior to March 3, 2006, and properties with Provisional Uses (PU) approved prior to March 3, 2006, including amendments or boundary changes to these PUDs and Provisional Use properties, are not subject to the Bayshore Overlay District requirements. 3. Relationship to the Underlying Zoning Classification and Collier County Growth Management Plan Page 21 of 122 Words struck eugh are deleted,words underlined are added 9 El e, a. The purpose of the BMUD is to fulfill the goals, objectives and policies of the Collier County Growth Management Plan (GMP), as may be amended. Specifically, the BMUD implements the provisions of section V.F, Bayshore Gateway Triangle Redevelopment Overlay, of the Future Land Use Element. Portions of the Bayshore Overlay District coincide with Mixed Use Activity Center #16 designated in the Future Land Use Element (FLUE) of the Collier County GMP. Development in the activity center is governed by requirements of the underlying zoning district and the mixed use activity center subdistrict requirements in the FLUE, except for site development standards as stated in section 4.02.16 of the LDC. b. Property owners within the BMUD may establish uses, densities and intensities in accordance with the LDC regulations of the underlying zoning classification, or may elect to develop/redevelop under the provisions of the applicable BMUD Subdistrict. In either instance, the BMUD site development standards as provided for in section 4.02.16 shall apply. 4. Bayshore Mixed Use District (BMUD) Subdistricts a. The BMUD consists of the following subdistricts: Neighborhood Commercial Subdistrict (BMUD - NC). The purpose and intent of this subdistrict is to encourage a mix of low intensity commercial and residential uses, including mixed use projects in a single building. This subdistrict provides for an increased presence and integration of the cultural arts and related support uses, including galleries, artists' studios, and live-work units. Developments will be human-scale and pedestrian-oriented. ii. Waterfront Subdistrict (BMUD - W). The purpose of this subdistrict is to encourage a mix of low intensity commercial and residential uses and allow maximum use of the waterfront for entertainment while enhancing the area for use by the general public. Development in this subdistrict is indented to allow a mix of residential and commercial uses including limited marina and boatyard uses. iii. Residential Subdistrict 1 (BMUD - R1). The purpose of this subdistrict is to encourage the development of a variety of housing types which are compatible with existing neighborhoods and allow for building additions such as front porches. The intent in new development is to encourage a traditional neighborhood design pattern and create a row of residential units with uniform front yard setbacks and access to the street. iv. Residential Subdistrict 2 (BMUD - R2). The purpose of this subdistrict is to allow for a variety of housing types and encourage the development of multi-family residences as transitional uses between commercial and single-family development. The multi- Page 22 of 122 Words struck-through are deleted,words underlined are added 9B family buildings shall be compatible with the building patterns of traditional neighborhood design. v. Residential Subdistrict 3 (BMUD - R3). The purpose of this subdistrict is to allow for a variety of housing types and encourage the development of townhouses and single-family dwellings. All new development in this subdistrict shall be compatible with the building patterns of traditional neighborhood design. vi. Residential Subdistrict 4 (BMUD - R4). The purpose of this subdistrict is to protect the character of existing neighborhoods comprised of detached single-family dwelling units, while allowing for building additions such as front porches. b. Use Categories and Table of Uses. All uses permitted in the BMUD subdistricts have been divided into 9 general categories, which are summarized below: a) Residential: Premises available for long-term human habitation by means of ownership and rental, but excluding short-term leasing or rental of less than one month's duration. b) Lodging: Premises available for short-term human habitation, including daily and weekly rental. c) Office and Service: Premises available for the transaction of general business and the provision of services, but excluding retail sales and manufacturing, except as a minority component. d) Retail and Restaurant: Premises available for the commercial sale of merchandise, prepared foods, and food and drink consumption, but excluding manufacturing. e) Entertainment and Recreation: Premises for the gathering of people for purposes such as arts and culture, amusement, and recreation. fl Manufacturing, Wholesale and Storage: Premises available for the creation, assemblage, storage, and repair of items including their wholesale or retail sale. q) Civic and Institutional: Premises available for organizations dedicated to religion, education, government, social service, and other similar functions. h) Infrastructure: Uses and structures dedicated to transportation, communication, information, and utilities, including Essential Services. Page 23 of 122 Words strut h are deleted,words underlined are added I 9 8 ii. Interpretation of the Table of Uses a) The Table of Uses identifies uses as permitted uses (P); accessory uses (A); conditional uses (CU), or a combination of the three. Blank cells indicate that a use is not allowed in the corresponding subdistrict; however, such use may be permitted by the underlying zoning designation. b) Any use not listed in the Table of Uses is prohibited unless the County Manager or designee may determine that it falls within the same class as a listed use through the process outlined in LDC section 1.06.00, Rules of Interpretation. c) Mixed Use Projects shall be limited to the permitted, accessory and conditional uses allowed in the BMUD- NC and BMUD-W subdistricts, and subject to the MUP approval process as outlined in Section 10.02.15. All other projects may elect to establish uses, densities and intensities in accordance with their underlying zoning or in accordance with the Overlay Subdistrict. However, all projects must comply with site development standards as provided in section 4.02.16. iii. Table of Uses Table 1. Table of Uses for the Bayshore Mixed Use District Subdistricts BMUD SUBDISTRICTS USETYPE RESIDENTIAL MIXED ADDITIONAL USE STANDARDS R1 ;I R2 I R3 I R4 NC W a) RESIDENTIAL 1) Dwelling,Single-Family P P PP P 2) Dwelling,Duplex P P P 3) Dwelling,Two-Family P P P P P 4) Dwelling,Rowhouse P P P P P DwellingLMulti-Family(3 or more) P P P P P 6) Dwelling,Mobile Home P" `If allowed by underlying zoning 7) Home Occupations A A A A A A 5.02.03 8) Live-Work Units CU P P 4.02.16 C.6. 9) Artist Village CU CU CU P P 4.02.16 C.3. b) LODGING 1) Bed&Breakfast Facilities CU CU CU 4.02.16 C.4. 2) Hotels and Motels P P c) OFFICE/SERVICE 1) Banks,Credit Unions,Financial Services P 2) Business Support Services P P 3) Child Care Services CU CU CU CU CU Page 24 of 122 Words struck through are deleted,words underlined are added 4) Community Service Organization P P 5) Drive Thru Service(banks) 6) Government Services P P 7) Family Care Facility/Nursing Home P P 8) Medical Services—Doctor Office P P 9) Medical Services—Outpatient/Urgent Care P Personal Care Services P P 11) Post Office P P 12) Professional Office or Service P P 13) Rental Services—Equipment/Vehicles P P 14) Studio—Art, Dance,Martial Arts,Music P P 15) Studio—Motion Picture CU 16) Vehicle Services—Maintenance/Repair 17) Veterinarians Office P P 18) Video Rental P P d) RETAIURESTAURANTS 1) Auto Parts Sales 2) Bars/Tavern/Night Club P P 3) Drive Thru Retail/Restaurant 4) Gas Station with Convenience Store P P 5.05.05 5) Neighborhood Retail—<2,000 sf P P 6) General Retail—<15,000 sf P P 7) General Retail— >15,000 sf CU CU 8) Restaurant P P 9) Shopping Center CU CU 10 Vehicle/Boat/Heav E.ui.ment Sales CU 4.02.16 C.7. e) ENTERTAINMENT/RECREATION 1) Gallery/Museum P P 2) Meeting Facility P P 3) Cultural or Community Facility P P 4) Theater, Live Performance P P 5) Theater, Movie CU CU 6) Recreation Facility, Indoor P P 7) Recreation Facility,Outdoor CU CU 8) Amusements, Indoor P P 9) Amusements,Outdoor CU CU 10) Community Garden P P P P P P 4.02.16 C.5. 0 MANUFACTURING/WHOLESALE/ STORAGE 1) Laboratory—Medical,analytical, research P 2) Laundries and Dry Cleaning P 3) Media Production P 4) Metal Products Fabrication P 5) Mini-Warehouses 6) Repair Shops P P 7) Research and Development P P 8) Storage—Outdoor A 4.02.16 C.9. 9) Storage—Warehouse g) CIVIC INSTITUTIONAL 1) College/University P P 2) Educational Plant P P _ P P P P 3) Hospital 4) Membership Organizations P P 5) Public Safety Facility CU CU 6) Religious Institution CU CU CU CU CU CU 7) Schools—Elementary and Secondary 8) Schools—Vocational and Technical h) INFRASTRUCTURE Page 25 of 122 Words struck through are deleted, words underlined are added 9B 1) Automobile Parking Facilities CU 2) Boat Launch A 3) Essential Services P P P P P P 4) Marinas and Boatyards P P 4.02.16 C.7. 5) Transit Station 6) Wireless Telecommunication Facility Note:The Table of Uses identifies uses as permitted uses (P); accessory uses (A); conditional uses (CU), or a combination of the three. Blank cells indicate that a use is not allowed in the corresponding subdistrict; however, such use may be permitted by the underlying zoning designation. Mixed Use Projects shall be limited to the permitted, accessory and conditional uses allowed in the BMUD-NC and BMUD-W subdistricts, and subject to the MUP approval process as outlined in section 10.02.15. All other projects may elect to establish uses,densities and intensities in accordance with their underlying zoning or in accordance with the Overlay Subdistrict. However, all projects must comply with site development standards as provided in section 4.02.16. * * * * * * * * * * * * * N. Gateway Triangle Mixed Use Overlay District Special conditions for the properties in and adjacent to the Gateway Triangle as applicable official Collier County Zoning Atlas Map or map series. 1. Purpose and Intent • - - - - -•e•-- •--- •- •_ • • _ _ -_ ■ • _ - - human scale, pedestrian oriented, interconnected projects with a mix of parcel. This District is intended to: revitalize the commercial and residential development, encourage on street parking and shared parking facilities and uses; and protect and enhance the nearby Shadowlawn residential neighborhood. The types—of—uses permitted are hotels, retail, office, personal service and residential uses. 2. Applicability a. These regulations shall apply to the Gateway Triangle Mixed Use Overlay designation "GTMUD" on the applicable official Collier County Zoning uses, dimensional and development requirements shall be as required in Page 26 of 122 Words truc' s�, h are deleted,words underlined are added 9B b. Existing Planned Unit Developments (PUDs) are not subject to the Gateway Triangle Mixed Use District requirements; however, PUD applications submitted, and found sufficient, after March 3, 2006 arc the requirements stated herein. c. Amendments or boundary changes to PUDs that existed prior to March 3, 2006 are not subject to the Gateway Triangle Overlay District requirements. I _ T 1 p 1, edk i o ' I O �U#fxd GIYUD!/XD --- ... 1 1�1. CSI— Icst 7 a - ii I �17� MUD-.0 aaw 111 �c' 17 _I • �� �T� / c�' ...cxy m .I�.. ;. _ 5„,1 i r - I.—' - :- Z.' -'T O ") �� ,� ' tit I I G I. i LL, ,, 1 tx14 VATH Gateway Tnan le Mued Use Overlay District • r �t R`v N- GTMUD-MXID Mked Use Subdistrict o l cnauD.xxD � GTMUD-R Residential Subdistrict Li E 1 (c-�I I�•,� � \�� (XXX) Under Lying Zoning ; _ II _. _ ® Mini Tnangle =°L APZ Accessory Parking Zone _ _ Future Land Use s It ) 0 k! ®Activity Center 16 .s1 `-l � „ .... CRA Boundary I../ T _I p��1 11t����, �Overlay Boundary ,. - L I ,, __ AZest, _( - 1 7- H1.111'11'0 i� -i i d. Property owners may follow existing Collier County Land Development Code regulations of the underlying zoning cla-sification, or may elect to develop/redevelop under the mixed use provisions of the GTMUD Mixed Use (MXD) Subdistrict of this overlay, through a mixed use project approval from the BCC. However, in either instance, GTMUD site - • - -- - - - - -- -- - -, - - - - _- - . --- - .• . N.5.d. of this Codc. However, in either instance, GTMUD site development standards are applicable to all new development, as provided for in subsection 2.03.07 N.6.d. of this Code. C 1 through C 5 zoning districts shall be in accordance with section 9.03.00 of the LDC. 3. Mixed Use Project Approval Process. Page 27 of 122 Words struck through are deleted,words underlined are added a. Owners of property in the Mixed Use Subdistrict (GTMUD MXD) may petition the Board of County Commissioners for mixed use project owner shall not seek or request, and the County shall not thereafter grant or approve, any additional uses beyond those allowed in the C-1 through C 3 zoning districts. The application shall be accompanied by a 1-070,3785-G. b. There shall be a public hearing before the Planning Commission, legally noticed and advertised pursuant to subsection 10.03.05 G. 1. and posted as provided for in subsection 10.03.05 G. 3. The Planning Commission shall make a recommendation to the Board of County Commissioners be a public hearing before the BCC, legally noticed and advertised shall be by resolution. c. Once a Mixed Use Project has been approved by the BCC, the applicant plan approved by the BCC and meeting the requirements of section 10.02.03 B.1. of this Code, to the Community Development and Environmental Services Division within six months of the date of approval. official zoning atlas map, using the map notation MUP. If a MUP approval SDP review comments, and to commence construction in a timely manner after SDP approval has been granted. d. MUP approval shall expire and any residential density bonus units shall following occur: i. The SDP is not submitted within six months of MUP approval by the BCC. ii. The SDP is not deemed sufficient for review within 30 days of submittal. iii. The SDP under review is deemed withdrawn and cancelled, pursuant to section 10.02.03.B.1.a. iv. The SDP is considered no longer valid, pursuant to section 10.02.03.B.1.b. and c. c. Once a property owner, through a MUP approval, elects to develop or redevelop a mixed use project under the Mixed Use Subdistrict (GTMUD Page 28 of 122 Words struck through are deleted,words underlined are added 9B MXD), then the property shall be developed in compliance with all provisions of the overlay and cannot revert back to the underlying zoning district. �. Bonus Density Pool Allocation Under the Collier County Future Land Use Element, 388 bonus density units are balance as the units are used. These 388 bonus density units may be allocated between this GTMUD overlay and the Bayshore Mixed Use Overlay-District ■ - - - To qualify for up to 12 dwelling units per acre, projects shall comply with the following criteria. The density of up to 12 dwelling units per acre is only applicable until the bonus density pool has been depleted. a. The project shall be within the Mixed Use Subdistrict, and shall be a mixed use project mix of commercial and residential uses. b. Base density shall be as per the underlying zoning district. The maximum being sought. The difference in units per acre determines the bonus density allocation requested for the project. c. For proposed projects outside the Coastal High Hazard Area (CHHA), as --- - -- - -- - - - . -e - - Ii. e - -- — - . 1 1- --e-•---. - - -, the FLUE, are in addition to the eligible density bonus provided herein. osed projects within the CHHA, only the Affordable Housing Density Bonus, as provided in the Density Rating System of the FLUE, is ---- - - - -- - -- - - -- _ • - - - -- Road. f. The project shall comply with the standards for mixed use development set forth in the Gateway Triangle Mixed Use Overlay-District. g. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies. 5. Administrative Deviations. a. Authority. The County Manager or designee is hereby authorized to utilize this MUP Administrative Deviation process to grant administrative deviations for proposed developments which have obtained a MUP Page 29 of 122 Words struck through are deleted,words underlined are added 9B eligible land development standards that meet their associated criteria. b. Applicability List of Development Standards Eligible for deviation requests and Associated Criteria. At the time of SDP application an approved MUP shall be eligible to seek an administrative -deviation from the following i. 4.02.35.A. Table 1.Front Yard(including build to line). 1) These deviation requests shall be subject to the process and procedures of Sec. 5.05.08. F. Deviations and Alternative Compliance, except that in order to be eligible one of the following conditions ec-sirpumstances: a) If constructed where otherwise required, the building(s) or structure(s) would conflict with encroach into an associated public utility easement, which cannot reasonably be relocated or vacated based on physical or legal restrictions, as b) Parcel configurations of unique or challenging boundary geometry such as when a parcel's•- _ . ..• - - - • - - -- - - - - -- frontage and/or alternative frontage along internal minimum of 110 percent of the parcel frontage. 2) In order for the conditions or circumstances under b), existing and future vehicular and pedestrian proposed alternative building(s) location(s) and their associated pedestrian and vehicular pathways, and associated parking facilities. Page 30 of 122 Words struck gh are deleted,words underlined are added 9B ii. Building and architectural standards, as specified below. Thecc deviation requests shall be subject to the process and procedures of Sec. 5.05.08. F. Deviations and Alternative Compliance: a) 4.02.35.G. Architecture Dcsign Thome; and b) 5.05.08 Architectural and Site Design Standards. - - • -..-• t_ f. Landscaping, Buffering and Vegetation Retention as applicable. The alternative plans requesting approval for deviation from landscaping and buffer requirements shall be subject to the process and procedures of 5.05.08.F. Deviations and Alternative Compliance and must additionally provide a minimum of 110 addition to other conditions that the County Manager or designee deems necessary. iv. 4.02.35. D. Design Standards For Awnings, Loading Docks, and Dumpsters and 5.03.04 Dumpsters and Recycling, limited to: a) Deviation requests for individual structures with curbside previsions of subsection 5.03.04 G. Curbside Pickup. b) Requests for locational deviations from the subsection 4.02.35. D shall be subject to the process and procedures of 5.05.08.F. Deviations and Alternate Compliance and comply with the provisions of subsection 5.03.04 A. v. Notwithstanding the process and procedures set forth above for solely under the provisions of section 250 58 of the Collier County Code of Laws and Ordinances. • •' -• •- - - - •:. - •--- e '- - subject to the prose's and procedures of 4.05.04. F.2. a. Mixed Use Subdistrict (GTMUD MXD). The purpose and intent of this subdistrict is to provide an option to current and future property owners by those parcels with frontage on US 41, the south side of Davis Boulevard, Page 31 of 122 Words struck through are deleted,words underlined are added B• _ •• -_ _ - _ e.-- _ _ _ __ _ -- 44 _ • _ __ e _ _ ___ _ - 2.03.07.1.3., refer to Tables 1 and 2 for permitted uses. Otherwise, permitted uses are in accordance with the underlying zoning district. b. Residential Subdistrict (GTMUD R). The purpose of this-Subdistrict is to of residential housing types. i. Permitted uses. The following uses are allowed in the GTMUD Residential Subdistrict. a) Residential Uses: 1. Single family dwelling units; 2. Two family dwelling units; 3. Townhouses; and 4. Multi family dwelling units. b) Essential services as provided for in section 2.01.03 c) Parks, public or private, play areas and playgrounds. d) Museums and art galleries. e) Parochial schools Public or private. f) Schools, public. ii. Accessory uses. a) Garages residential. b) Guesthouses. c) Swimming pools private. d) Play areas and playgrounds. iii. Conditional Uses: a) Bed & breakfast facilities. b) Schools, private. c) Churches. designated in the Future Land Use Element (FLUE) of the Collier County by the underlying zoning district requirements and the mixed use activity standards as stated in Chapter'1.02.35 of this Code. be subject to the site development standards as stated in sections /1.02.35 and 1.02.36, as applicable. The subdistrict site development Page 32 of 122 Words struck through are deleted, words underlined are added 9B ! . - GATEWAY w Y Mixed-Use TRIANGLE Subdistrict MIXED-USE (MX8) OVERLAY DISTRICT accessory-uses) Accounting Services 87-24 - P Adult Day Care Facilities&Centers 8322 - - - 0741,0742,0752 0783 - - 0711,0721,0722 0724 - - 3721 3728 - - - _ 7911,7991 - - 7999-tourist-guides-only - Ancillary-Plants - - - a e •_ -;z • ____ 2311 2300 -66-14-6649 - P Appraisers - - P 0781,8711 8713 - P 8111 - P 7389,5090 - P 553-1- - P 7521 - P _ - 7513 7549 - - 5511,5531,5591,5571,5599 - - Barber Shops or Colleges 7241 - - 7231 - - Biking Trailer - Biking-Trails - Bowling-Centers 7-933 - - 1521 1542 - - Building-Materials 5211 5261 - - _ 5231 5261 - - 8624 - - - Busine.s Services 7311 7313,7322 7338,7361 - P 7319,7352,7359,7397,7342, - - Sane-Rental - - - Canoeing Trails - - - Care Units - - P Canwashes 7542 - - Category II Group Care Facilities - - - Child Care Not for Profit - - - 8354 - - Collection/Transfer Sites - - - 27-52 - - Communisations 8�v A .2-4899 - - Construction - - - Construction Heavy - - - Page 33 of 122 Words struc'� g are deleted,words underlined are added 9B 1711 1799 - - Depesitenfrinstitutions 6011 6099,6111 6163 - - _ 5843 - P Drug Stores 5912 - - 2833-2836 - - Duplexes - - - Dwelling-units - - P Eating Establishments and Places 581-2 - P Educational-Plants - - 8221 8214,8221 8200 - - 3642--3699 - - = 8711 8748 - P Equestrian-Paths - - - Essential Services - - P Excavation - - - 34-1-4-347934-1-9-34-99 - - Fairgrounds - - - Family Caro Facilities - - - Fishing-Piers - - - 0912 1019 - - 2034,2038,2053,2064,2066, - - Feed-Products 2011 ! 0 - - Food Stores 5411 5400 - P 7-264 - _ 2 511 - 0 - - 5541,5511 5500 - P Conoral Contractors 1521 5261 - - 5314-5399 - P Class and Clazing Work 1793 - - Coif Courses - - - e•'_ 9111 9222,9224 9229,9311, - - Croup Care Facilities Gunsmith Shop 7699 - - 5254 - P Health Services - P Health Services 8051 8059,8062 8069,8071, - - 1611 1629 - Hiking-Trails - - - 5712 5736 - Home Supply Store 553-1- - P 7011,7021,7041 - P 7999 - - - P 2812 2819 - - 3511 3590 - - - - P 6742--6799 - - 8334 - - - 9221,9222, 9229 - - Labor Unions 8634 - - Laber-Pool 7363 - - Lakes-operations 7999 - - 7623 - P 3131 3199 - - Libraries 8234 - - Local and Suburban Transit 4111 4121 - - Page 34 of 122 Words struck through are deleted,words underlined are added 4434-41-73 - - ' 9B 2426,2431 2400 - - Management Ser,ices 8711 8718 - P Marinas 4193,1499 - P 381-2--38-73 - - 3812--3873 - - _ 8071,8072,8092,8093 - - 8611---8699 - P .:. 3911 3999 - - 7629 7631 - P 5912 5963 - p 5992 5000 - - 5271 - - Mobile-Heroes - - - 7812 7810 - - 7832 - - 4225 - - Motor-Homes - - - - P 8412 - P Nature Preserves - - - Nature Trails - - - :- 6111 6163 - P 6011,6019,6021 6062,6082, - - kursing-Hornes - P 7629 7631 - P Open-Space - - - 6234 - p 2621 2679 - - Parking-Facilities - - Parking-Sewises - - P 8211 - - 7999 - - Personal Services 7291,7212,7215,7221 7251 - P 72992 - €� X73 - - 7221 - P 7991 - P - - - Pickup Coaches - - - 282428-34 - Play-Areas-and-Playgrounds - 2711,2712 - - - - - -_ - -• - 274-1--2796 - - 6712 6799,6111,6311 6399, - - 8634 - - 9111 9199,9229, 9311,0411 - - Railroad Transportation 4011,1013 - - Real Estate 6631--6544 - P Real Estate 6512 6514,6519,6531 6510 - - Page 35 of 122 Words struck-thr-eugh are deleted,words underlined are added 9 . _ _ 7911 7911,7991 7093,7090 - - 8093 - - _ 76993 - - Research Centers 8093 - - 8732 - - _ 524 - 3021, 3052,3053 - - Sohoolspublie - - - 8243 8 •0 - - _ - 6211 6289 - P 7251 - R 7999 - - Social Services 8322 8399 - - Stone,Clays-Glass and Concrete Products 3221,3251,3253,3255 3273, -Storage - - - - Synthetis-Materials 2834 - - Testing Services - - - 2211 2221,2241 2259,2273 - - Timeshare Facilitios - - - Title Abstract Offices 6544 - - Towin Parking I ots 7514,7515,7521 - - Townhouses - - R 4512 4581 - - 3714,3716,3731,3732,3751, - - 4724 4783,4780 -l - Trave��Agennicess 4724 - - Travel-Trailers 556-4 - - 4 4311 - €° 742 - €g Vete:n s Office 752 - P Videotape-Rentals 7841- - €� 8331- - Welding-Reyair 7692 - Wholesale-Trade 5448 - - . .: 5021,5031, 5043 5040,5063 - - ---- 5111 5159, 5181,5182,5191 - - 0512 - - 974 - Wildlife-Refuge/Sanstuary a - - 3812 3873 - - }For requirements pertaining to essential services, see section 2.01.03 of this Code. reel repair. 4 s Limited to 1,800 Square feet of gross floor area. Page 36 of 122 Words struck-through are deleted, words underlined are added 9B -sonditianalose SIC-Code G B—MXD A assesso se Adult day carp 8322 - Agrisultoral - - 0741,0742,0752 0783 - 7911 - 7911 79A1,7991 7093,7997,7999 - 7948,799 , •96-,-7-900 - Ancillary-plants - C Animal control - - Aquariums 8422 - Arshery-ranges 7-999 - = 5521,5551,5561,5599 - 7513,7510 - Bed Q breakfast facilities 7011 - Boathouses - - Boat ramps - - Boatyards - C Botanical garden 8422 C Bottle-stubs� ''y��''^^cc 58-1-3 - Camping-sabins - - Care Units - - A Cemeteries - - Chemical products 2812 2899 - Child day caro 8354 C Churches 8664 - Civic&cultural facilities - - Clam-nurseries - - Cocktail-lounges 5843 - Collection/transfer sae - Communisations 4812 1811 - Community-centers - - 7922 - Concrete or asphalt plants - - Convenience-stores 5111 - entertainment - 6011 -! 9 - Desks - - 5843 - Driving-ranges - - Earth-mining - - 5842 - Page 37 of 122 Words struck through are deleted,words underlined are added 9B Education—services 8211 8222 G 8211 8231 G 1911 1971 - E-xsavation - - 3182 3189 - g Farm product raw matorials 5 --5459 - €ield-crops - - 0912 1010 - F-eod--products 2011,2048 - Food ccrvico - - Food stores(over 5,000 s.f.) 5111 5409 - Fraternal lodges, private club,or social G stubs - Fuel doalcrs 5988-5989 - Fuel facilities, - - = 7261 G Gift-shops 59917 - Gelf-club-house - - Golf-course - - Golf-driving-range - - Croup cart units - - Guesthouses Health-services 8044 - 8322 - Hospitals 80624069 - 7011,7021, 7041 - Hunting-cabinFs - - Incinerators - - Jails - - Justice,public order&safety 0211 9224 - Kennels n_kenneling 0712,0752 - Kieska - - 3144 - Livestock - - Local and suburban transit 1111 4121 - 4434-41-73 - 2111 2421,2129 - G Marina 44974499 - 7999 - 7832 - warehousing , - Nursery retail 5264 - 8063 G Nursing-homes - - Oil and gas extraction 1321, 1382 - '' - - Outdoor-display - G Racking-house - - 2611 - Page 38 of 122 Words stn.^' =are deleted,words underlined are added 9B 7291 G 2911 2999 - Pistol or rifle range - - Play areas and playgrounds - - Poultry raising(small) - - Primmetal ind ustries 3312-3399 - Private boathouc and docks - Pflvate-slobs - - Privatelanding strips - Pro shops(large) - - Pre-chops-(small) - - Recreational-services - Refuse-systems 4953 - 8093 - Resource recovery plant - - Restaurant(small)or snack shop 6842 - Restaurant(large) 6842 - 3064-3089 - Sanitary landf ills - - Sawmills - - Schools,privato - - 8243 8290 - - - Slaughtering plants 2011 - 8644 G Social--services 83222-8399 - Seup-kitsbens - - Stone,clay,glass and concrete products 3211,3221,3220,3231,3241,3274, 3291 3299 - Storage,enclosed - - Tennis facilities - Textile mill prod,cts 2231,2261 2269,2295,2296 - Transfer stations 4212 - 0741 0742 -601-57506-15062,6093 - .e - - = --- -- •• -•-- 5162, 5169, 5171,5172,5191 - Zoe - - N. Gateway Triangle Mixed Use Overlay District (GTMUD). This section contains special conditions for the properties in and adjacent to the Gateway Triangle as identified by the designation "GTMUD" on the applicable official Collier County Zoning Atlas Map or map series. 1. Purpose and Intent The purpose and intent of this District is to encourage revitalization of the Gateway Triangle portion of the Bayshore Gateway Triangle Redevelopment Area with human-scale, pedestrian-oriented, interconnected projects that are urban in nature and include a mix of residential types and commercial uses. Page 39 of 122 Words struck gh are deleted,words underlined are added 9B Development in this District should encourage pedestrian activity through the construction of mixed-use buildings, an interconnected street system, and connections to adjacent neighborhoods. When possible, bL ildings are located near the street with on street parking and off street parking On the side or in the rear of the parcel. This District is intended to: revitalize the commercial and residential development; promote traditional urban design; encourage on street parking and shared parking facilities; provide appropriate landscaping and buffering; and protect and enhance the Shadowlawn residential neighborhood. 2. Applicability a. These regulations shall apply to the Gateway Triangle Mixed Use Overlay District as identified by the designation "GTMUD" on the applicable official Collier County Zoning Atlas Maps. b. Planned Unit Developments (PUDs) that existed prior to March 3, 2006, and properties with Provisional Uses (PU) approved prior to March 3, 2006, including amendments or boundary changes to these PUDs and Provisional Use properties, are not subject to the Gateway Triangle Mixed Use District requirements. 3. Relationship to the Underlying Zoning Classification and Collier County Growth Management Plan a. The purpose of the GTMUD is to fulfill the goals, objectives and policies of the Collier County Growth Management Plan (GMP), as may be amended. Specifically, the GTMUD implements the provisions of section V.F, Bayshore Gateway Triangle Redevelopment Overlay, of the Future Land Use Element. Portions of the Gateway Triangle Mixed Use District that coincide with Mixed Use Activity Center #16 as designated in the FLUE of the Collier County GMP. Development standards in the activity center is governed by requirements of the underlying zoning district requirements and the mixed use activity center subdistrict requirements in the FLUE, except for site development standards as stated in section 4.02.16 of the Collier County Land Development Code (LDC). b. Property owners may establish uses, densities and intensities in accordance with the existing LDC regulations of the underlying zoning classification, or may elect to develop/redevelop under the provisions of the applicable GTMUD Subdistrict. In either instance, the GTMUD site development standards as provided for in section 4.02.16 shall apply. 4. Gateway Triangle Mixed Use District (GTMUD) Subdistricts a. The Gateway Triangle Mixed Use District consists of the following subdistricts: Mixed Use Subdistrict (GTMUD-MXD). The purpose and intent of this subdistrict is to provide for pedestrian-oriented commercial Page 40 of 122 Words struck gh are deleted,words underlined are added and mixed use developments and higher density residentia uses. Developments will reflect traditional neighborhood design building patterns. Individual buildings are encouraged to be multi-story with uses mixed vertically, with street level commercial and upper level office and residential. Included in this District is the "mini triangle" formed by US 41 on the South, Davis Boulevard on the North and Commercial Drive on the East, which is intended to serve as an entry statement for the Bayshore Gateway Triangle CRA and a gateway to the City of Naples. ii. Residential Subdistrict (GTMUD-R). The purpose of this subdistrict is to encourage the continuation and revitalization of the Shadowlawn neighborhood. The subdistrict provides for a variety of compatible residential housing types and a limited mix of non- residential uses in a walkable context. b. Use Categories and Table of Uses. All uses permitted in the GTMUD subdistricts have been divided into nine general categories, which are summarized below: a) Residential: Premises available for long-term human habitation by means of ownership and rental, but excluding short-term leasing or rental of less than one month's duration. b) Lodging: Premises available for short-term human habitation, including daily and weekly rental. c) Office and Service: Premises available for the transaction of general business and the provision of services, but excluding retail sales and manufacturing, except as a minority component. d) Retail and Restaurant: Premises available for the commercial sale of merchandise, prepared foods, and food and drink consumption, but excluding manufacturing. e) Entertainment and Recreation: Premises for the gathering of people for purposes such as arts and culture, amusement, and recreation. f) Manufacturing, Wholesale and Storage: Premises available for the creation, assemblage, storage, and repair of items including their wholesale or retail sale. q) Civic and Institutional: Premises available for organizations dedicated to religion, education, government, social service, and other similar functions. Page 41 of 122 Words struck gT are deleted,words underlined are added 9E h) Infrastructure: Uses and structures dedicated to transportation, communication, informption, and utilities, including Essential Services. ii. Interpretation of the Table of Uses a) Any uses not listed in the Table of Uses are prohibited. In the event that a particular use is not listed in the Table of Uses, the County Manager or designee may determine that it falls within the same class as a listed use through the process outlined in LDC section 1.06.00, Rules of Interpretation. b) The Table of Uses identifies uses as permitted uses (P); accessory uses (A); conditional uses (CU), or a combination of the three. Blank cells indicate that a use is not allowed in the corresponding subdistrict; however, such use may be permitted by the underlying zoning designation. c) Mixed Use Projects shall be limited to the permitted, accessory and conditional uses allowed in the GTMUD- MXD subdistrict, and subject to the MUP approval process as outlined in section 10.02.15. All other projects may elect to establish uses, densities and intensities in accordance with their underlying zoning or in accordance with the Overlay Subdistrict. However, all projects must comply with site development standards as provided in section 4.02.16. iii. Table of Uses Table 2. Table of Uses for the Gateway Triangle Mixed Use District Subdistricts ADDITIONAL USE TYPE S U B:D 1 S `R I ,4 µ STANDARDS A` R I MXt � a) RESIDENTIAL 1) Dwelling, Single-Family P P 2) Dwelling, Duplex P P 3) Dwelling, Two-Family P P 4) Dwelling, Rowhouse P P 5) Dwelling, Multi-Family (3 or more) P P 6) Dwelling, Mobile Home P* *If permitted by underlying zoning 7) Guesthouse A A 5.05.04 and 4.02.16 C.2. 8) Home Occupations A A 5.02.03 9) Live-Work Units CU P 4.02.16 C.6. 10) Artist Village CU P 4.02.16 C.3. Page 42 of 122 Words struck through are deleted,words underlined are added 9B b) LODGING 1) Bed & Breakfast Facilities CU CU 4.02.16 C.4. 2) Hotels and Motels P c) OFFICE/SERVICE 1) Banks, Credit Unions, Financial Services — 2) Business Support Services P 3) Child Care Services CU CU 4) Community Service Organization P 5) Government Services P 6 Famil Care Facilit / Nursin. Home CU 7) Medical Services— Doctor Office P 8) Medical Services—Outpatient/Urgent Care 9 Personal Care Services P 10) Post Office P 11 Professional Office or Service P 12) Rental Services— Equipment/Vehicles P 13) Studio—Art, Dance, Martial Arts, Music — 14) Studio—Motion Picture CU 15) Vehicle Services— CU Maintenance/Repair 16) Veterinarians Office P 17) Video Rental P d) RETAIURESTAURANTS 1) Auto Parts Sales P 2) Bars/Tavern/Night Club P 3) Drive Thru Retail/Restaurant P 4) Gas Station with Convenience Store P 5.05.05 5) Neighborhood Retail - <2,000 sf P 6) General Retail—<15,000 sf P 7) General Retail - > 15,000 sf P 8) Restaurant P 9) Shopping Center CU 10) Vehicle/Boat/Heavy Equipment Sales P e) ENTERTAINMENT/RECREATION 1) Gallery/ Museum P 2) Meeting Facility CU P 3 Cultural or Communit Facilit CU P 4) Theater Live Performance P 5) Theater, Movie CU 6) Recreation Facility, Indoor P 7) Recreation Facility, Outdoor CU CU 8) Amusements, Indoor P 9) Amusements, Outdoor CU CU 10) Community Garden P P 4.02.16 C.S. Page 43 of 122 Words struck through are deleted,words underlined are added P9s f) MANUFACTURING/WHOLESALE/STORAGE 1) Boat Yards CU 2) Laboratory—Medical, analytical, research 3) Laundries and Dry-cleaning P 4) Media Production P 5) Metal Products Fabrication CU 6) Mini-Warehouses 7) Repair Shops P 8) Research and Development P 9) Storage—Outdoor CU 4.02.16 C.9. 10) Storage-Warehouse P 11) Lawn and Garden Services in CU conjunction with a Nursery q) CIVIC/INSTUTIONAL 1) College/University CU 2) Educational Plant P P 3) Hospital CU 4) Membership Organizations P 5) Public Safety Facility CU 6) Religious Institution CU CU 7) Schools— Elementary and Secondary P 8 Schools—Vocational and Technical CU h) INFRASTRUCTURE 1) Automobile Parking Facilities P 2) Boat Launch 3) Essential Services P P 4) Marinas P 5) Transit Station CU 6) Wireless Telecommunication Facility CU Note:The Table of Uses identifies uses as permitted uses(P); accessory uses (A); conditional uses(CU), or a combination of the three. Blank cells indicate that a use is not allowed in the corresponding subdistrict; however, such use may be permitted by the underlying zoning designation. Mixed Use Projects shall be limited to the permitted, accessory and conditional uses allowed in the BMUD-NC and BMUD-W subdistricts, and subject to the MUP approval process as outlined in section 10.02.15. All other proiects may elect to establish uses, densities and intensities in accordance with their underlying zoning or in accordance with the Overlay Subdistrict. However, all projects must comply with site development standards as provided in section 4.02.16. * * * * * * * * * * * * * SUBSECTION 3.C. AMENDMENTS TO SECTION 4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD - NEIGHBORHOOD COMMERCIAL SUBDISTRICT Page 44 of 122 Words struck through are deleted,words underlined are added 9P Section 4.02.16 Design Standards for Development in the BMUD - Neighborhood Commercial Subdistrict, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.16 Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area _ ■ . -•""-- --- - - ---- -- -- A. Dimensional Standards Front yard setback 54eet 1. The front setback shall also apply to any new buildings in the C 1 through C 3 Zoning Districts which underlay the BMUD Neighborhood Commercial Subdistrict. setbacks per section 4.02.01 A. Table 2.1. 15 feet residential Side yards all other 5 feet Rear yard 20 feet Waterfront-44 _ 25 feet 1. Building facades facing the intersecting east west architectural design tr atment as the building facade facing Bayshore Drive. remaining depth of the lot may be used for parking. A building with commercialise only is limited to a maximum building foot print of 20,000 square feet 700 square foot gross floor area for each unit, Maximum-height Commercial use only: Maximum 42 feet, not to exceed 3 stories 42 feet, not to exceed 3 stories Mixed-use+ 56 feet, not to exceed 4 stories. Only the first two floors Residential on top of commercial chall be used for commercial-uses. uses 56 feet, not to exceed '1 stories Hotel/Motel Page 45 of 122 Words struck through are deleted,words underlined are added 9B in conformance with underlying C 1 and C 5 zoning classifications shall be as required by section 4.02.01 A. Table 2. Ceiling height The first floor ceiling shall be no less than 12 feet and no more than 18 feet in height from the finished floor to the finished ceiling and shall be limited to commercial uses--only Mai• 12 units per acre for mixed use projects. subdistrict. 2. BMUD NC land immediately abutting Haldeman Creek may engage in boat rental operations. • - ■ -_ the lots are under the same ownership as the adjacent BMUD NC or BMUD W designee and must succeed in gaining approval. permitted outside of any structure. shall be permanently affixed (not portable). a. The outdoor display/sale of merchandise is limited to the sale of comparable merchandise sold on the premises. D. Parking Standards. 1. Four spaces per 1,000 square feet of floor area open to the general public for 2. Minimum two parking spaces for each residential unit. 4. On street parking on local streets excluding Bayshore Drive requires an•-- - - -- - - --- - -- - - - - • -- •• ..e - -- -- e- . - Page 46 of 122 Words struck through are deleted,words underlined are added t 9B County standards. 5. Lots adjacent to the Neighborhood Commercial (NC) and Waterfront district (W) - - ee• •- , e-.•e -- -e ' - ea ..e e• •e • " . •e-. • •-e e• •- '2—•: - 64. -e - - a - . 64e, •• e- . -e e e• -- e. ••e e - - the same ownership or legal control (i.e., lease or acement, etc), and meet the 6, - e- e e- •* •-•. -- -' 6, • •e - -r-ui 1 e Li Li t'W I I 1 60 __ -1-111.) - Li NM I 00 *:0 , !t'et, tjti it il: v..\V':" •., '4",t. --- Oa i* e 441) .10;ri..,... gA,,,P "' -4- - ....x.rv.r.g :,;,"%k. 1,11.“,1,11111V ,j1kk■,,1k.W.," , Zapil„ )1. A fl 0 6i,WIT 114*4411 lit tif)A ,__C 1)111 MT )[1 eier IlifkiVW k-Y t i P <k ,;W:,1 \'',,. ..>' iti b m , g ti — bit 1 /60 4', it — P. to, Ws.... Noght...1 l e JhbP ..- Vtr/z- 4-40-,s4', 646- , Iasi Anob it* ire lit4444 -44,iii* ' *0 z. a. -- e. -* - e- e e.• e •e. -e. •-e !•—•* - - -e. e .e... e- • • - shall not exceed 50% of that building's parking requirement. a The design shall be a single aisle double loaded parking lot. b. The remaining parking requirement shall be located on the side or rear of the building. 7. Shared parking requirements shall be consistent with those provided in .. e - •e- .9 .f * -- • _, - -e -- •- e - 64 - e- e e- •e --- •- .: e .6- e- -* : - -e. •- - ee--- "- •- !• -_ e • - - •- : -- ! ' e•-•-• eMee : e-•-e ` e:- e ' - ••••e -e•• ••• •e•. --- -e e. ••: e. .- --. e- -e. . -* : -:. -e - ee--•- . - e- -e • -.- -- E. Design Standards For Awnings, Loading Docks, and Dumpsterc,. 1. Loading docks and service areas shall not be allowed along the street frontage. 2. All dumpsters, for new developments of lerx.,than 2 acres, must be located in the -. . e e •- e et.-- , - -e -* •-•: : e-- ''. -: - • • -. F. Landscaping and Buffer Requirements ' -* • -e e - •e. 4.1=.11 e -• **-, . - - e-_• •-e e --- •-- e- e : Page 47 of 122 Words struck through are deleted,words underlined are added 9B 2. Buffers are required between mixed use PUDs, BMUD NC and BMUD W Landscaping shall be on the commercial side of the wall. 3. A shared 10 foot wide landscape buffer with each adjacent property contributing ••• • • Subistricts. However, the equivalent buffer area square footage may be provided /1. Building Foundation Planting• e.. -e- -• - - - - -- _ •• - • - • - -90. - - -- - -- -- - - be landscaped with trees and/or palm trees in the amount of one tree or palm per - - -- - -- -- - - - - - - -- equivalent of one tree. 5. Water Management Area --•-•-- • - -'0. - - - - " • - ---••-- - - - - •e -- 6. Parking Perimeter Parking lots and/or acccss drives abutting commercial property shall have a feet on center. 7. Right of Way Buffers Subdistrict (NC) are not required to have ROW buffers. • -- -- -- -- - - - - -- - - - -e. - - " - -- - • P . --• - based on Streetscape Design Guidelines to be prepared by Bayshore/ Beautification MSTU. Page 48 of 122 Words struck through are deleted,words underlined are added 19 .., a. The wall shall be constructed of the same materials as the primary or-recess a minimum of every 10 to 15 feet. The streetwall may be a streetwall shall have trees at 30 feet on center and shrubs least 21 inches in height and spaced 3 feet on center at the time of planting, with ground required if all of the parking is located in rear of development. b. No two streetwalls shall adjoin on a common property line. c. The streetwall shall be set back the appropriate distance from the front triangles (Section 1.06.01, D.1.)for egress from parking lots. 9. These landscaping and buffer requirements shall apply to all new buildings in the -, ''' - • , - -- --- - - - --- ... ■ - - -e ' - -- - L A -- et. - - ..e - through C-5 zoning districts. G 1 ■■ i1i X1111 ■ JL iiii l■■liiii iiiill iiiiiiil ill iiiiiiiil■ �� mh" 11n.ws&book i Side Parking Lot with Streetwal! Resturount iI - I -- 11 � , ■• • l .`aiiii�ii it I... ,..._.k -ill I I !wP { *._11 h liiiii1 ii�%- • G. Architectural Design Theme. which underlay the BMUD Neighborhood Commercial (NC) and Waterfront (W) Subdistricts. If the suggested architectural design theme is used then the elements of the buildings should reflect the architectural vernacular of the "Florida Cracker" style. "Old Florida"or"Florida Cracker"Vernacular (For illustrative purposes only) Page 49 of 122 Words struck through are deleted,words underlined are added 9B -14 ttaa 1 _.. 1. All buildings shall meet the requirements set forth in section 5.05.08 unless s required. a. Buildings shall be designed to reduce mass and scale through the provision of arcades, windows, entry features, and other design treatments. am or similar design) c. Windows with vertical orientation and the appearance of divided glass trim. d. Facade wall building materials shall be of wood, stucco finish or cement beard-products-. e. All buildings immediately abutting to Bayshore Drive shall have the principal pedestrian entrance fronting Bayehorc Drive. Exceptions may be granted for mixed use projects of 2 acres or gr atcr through the administrative deviation process per section 2.03.07 1.5. f. Thirty five (35) percent of the buildings facade along Bayshore Drive will be clear glass. g. Clear glass windows with a tint of 25% or less, between the height of two (2) and seven (7) feet above sidewalk grade are required on the primary façade of the first floor of any building. h. Attached building awnings may encroach over the setback line by a maximum of five (5)feet. i. Florescent colors shall not be used. Page 50 of 122 Words struck through are deleted,words underlined are added ' 98 • • • _. _ e- . A -e - -e e e e- .- .. - . _ .. ._ base is no more than 30 inches and a maximum height of/12 inches. I. Specific Standards for Bed And Breakfast Lodging as a Conditional Use. 1. Minimum number of guest rooms or suites is 2 with a maximum number of 6. - • • .. - -- 2. No cooking facilities shall be allowed in guest rooms. 3. Separate toilet facilities for the exclusive use of guests rust be provided. At least 1 bathroom for each 2 guestrooms shall be provided. /1. All automobile parking areas shall be provided on site, based upon a minimum of LDC relative to parking facilities shall apply. the proprietor or name of the residence. Sign lettering shall be limited to 2 inches in height and shall not be illuminated. 6. An on site manager is required. A. Dimensional and Design Standards for the BMUD 1. Neighborhood Commercial Subdistrict (BMUD — NC) a. Specific District Provisions: i. Maximum Density: 12 units per acre comprised of density allowed by the underlying zoning district and available density bonuses. ii. Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in section 4.02.16 D., Building Types and Architectural Standards. Table 1. Dimensional Requirements in the BMUD — NC 2 Mixed- Civic & House Rowhouse Apartment dommercial Use Institutional Min. Lot Width (ft) 50 253 100 100 1005 100 Min. Front Yard (ft) 10 10 10 5 5 10 Max. Front Yard 20 15 20 20 20 20 Page 51 of 122 Words struck ghh are deleted,words underlined are added ` 96 Pii ffn Min. Side Yard (ft) 5 5 5 5 5 10 Min. Rear Yard (ft) 15 15 20 20 20 20 Waterfront Yard (ft) 25 25 25 25 25 25 Min. Floor Area (sq 700 700 700 per 700 per 700 per unit n/a fl unit unit Min. Building n/a n/a 10 10 10 10 Separation Max. Building 42 42 42 56 56 42 Height (ft)4 Notes: 1 See 4.02.16.A.7 regarding Duplexes 2 See 4.02.16.A.7 regarding Two-Family Dwellings 3 Applies to individual unit 4 Zoned Height of Building b Property zoned C-3 shall have a minimum lot width of 75 feet 2. Waterfront Subdistrict (BMUD —W) a. Specific District Provisions: i. Maximum Density: 12 units per acre comprised of density allowed by the underlying zoning district and available density bonuses. ii. Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in section 4.02.16 D., Building Types and Architectural Standards. Table 2. Dimensional Requirements in the BMUD —W House' Rowhousez Apartment Mixed- Commercial Civic & Use Institutional Min. Lot 50 253 100 100 1005 100 Width (ft) Min. Front 10 10 10 5 5 10 Yard (ft) Max. Front 20 15 20 20 20 20 Yard (ft) Min. Side 5 5 5 5 5 10 Yard (ft) Page 52 of 122 Words struck-through are deleted,words underlined are added ' 9B Min. Rear 15 15 20 20 20 20 Yard (ft) Waterfront 25 25 25 25 25 25 Yard (ft) Min. Floor 700 700 700 per 700 per 700 per unit n/a Area (sq ft) unit unit Min. n/a n/a 10 10 10 10 Building Separation Max. 42 42 42 56 56 42 Building Height (ft)4 Notes: 1 See 4.02.16.A.7 regarding Duplexes 2 See 4.02.16.A.7 regarding Two-Family Dwellings Applies to individual unit 4 Zoned Height of Building Property zoned C-3 shall have a minimum lot width of 75 feet 3. Residential 1 Subdistrict (BMUD — R1) a. Specific District Provisions: Maximum Density is limited to the maximum density allowed by the underlying zoning district and any available density bonuses. ii. Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in section 4.02.16 D., Building Types and Architectural Standards. Table 3. Dimensional Requirements in the BMUD — R1 CIVIC& House' Rowhouse2 Apartment In titutional Min. Lot Width (ft) 50 253 100 100 Min. Front Yard ft 10 10 10 10 Min. Side Yard (ft) 775 5 7_5 10 Min. Rear Yard (ft) 15 15 15 15 Min. Floor Area (sq ft) 1,100 1,000 750 per n/a unit Min. Building n/a n/a 10 10 Separation Max. Building Height 35 35 35 35 (ft)4 Page 53 of 122 Words stru^' h are deleted,words underlined are added Notes: 1 See 4.02.16.A.7 regarding Duplexes 9 Lg 2 See 4.02.16.A.7 regarding Two-Family Dwellings Applies to individual unit 4 Zoned Height of Building 4. Residential 2 Subdistrict (BMUD — R2) a. Specific District Provisions: Maximum Density is limited to the maximum density allowed by the underlying zoning district and any available density bonuses. ii. Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in section 4.02.16 D., Building Types and Architectural Standards. Table 4. Dimensional Requirements in the BMUD — R2 House' Rowhouse 2 Apartment Institutional Min. Lot Width ft 50 253 100 100 Min. Front Yard ft 2.5 25 25 25 Min. Side Yard (ft) 7.5 5 7.5 10 Min. Rear Yard (ft) 15 15 15 15 Min. Floor Area (sq ft) 1,100 1,000 750 per n/a unit Min. Building Separation n/a n/a 10 10 Max. Building Height 35 35 35 35 (ft)4 — — — — Notes: 1 See 4.02.16.A.7 regarding Duplexes 2 See 4.02.16.A.7 regarding Two-Family Dwellings "'Applies to individual unit 4 Zoned Height of Building 5. Residential 3 Subdistrict (BMUD — R3) a. Specific District Provisions: Maximum Density is limited to the maximum density allowed by the underlying zoning district and any available density bonuses. ii. Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in section 4.02.16 D., Building Types and Architectural Standards. Table 5. Dimensional Requirements in the BMUD — R3 Page 54 of 122 Words struck through are deleted,words underlined are added 9B Mobile 9 Civic & House Rowhouse Apartment Home Institutional Min. Lot Width ft 40 40 253 100 100 Min. Front Yard ft 10 25 10 10 10 Min. Side Yard (ft) 5 7.5 5 7_5 10 Min. Rear Yard (ft) 8 10 8 15 15 Min. Floor Area (sq ft) 1,100 n/a 1,000 750 per n/a unit Min. Buildin. Separation n/a n/a n/a 10 10 Max. Building Height (ft) 35 30 35 35 35 Notes: 1 See 4.02.16.A.7 regarding Duplexes 2 See 4.02.16.A.7 regarding Two-Family Dwellings 3 Applies to individual unit 4 Zoned Height of Building 6. Residential 4 Subdistrict (BMUD— R4) a. Specific District Provisions: Maximum Density is limited to the maximum density allowed by the underlying zoning district and any available density bonuses. ii. Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in section 4.02.16 D., Building Types and Architectural Standards. Table 6. Dimensional Requirements in the BMUD — R4 House Civic & Institutional Min. Lot Width ft 50 100 Min. Front Yard (ft) 25 10 Min. Side Yard (ft) 7.5 10 Min. Rear Yard (ft) 15 15 Min. Floor Area (sq ft) 1,100 n/a Min. Building Separation n/a 10 Max. Building Height (ft) 35 35 Notes: 1 See 4.02.16.A.7 regarding Duplexes 2 Zoned Height of Building 7. Exceptions to Dimensional Requirements: Page 55 of 122 Words struck-through are deleted,words underlined are added P96 a. For infill lots, the minimum front and side setbacks shall be equal to the average setback dimensions on lots within 500 feet on the same block. b. A zero side setback is allowed for Rowhouse, Apartment, Mixed Use and Commercial building types, where permitted, if a party wall is provided. c. Duplexes, where permitted, are subject to dimensional standards for a house building type, but shall have a minimum of 1,000 square feet of building area per unit and a minimum lot width of 50 feet. d. Two Family dwelling units, where permitted, are subject to dimensional standards for a rowhouse building type, but shall have a minimum of 1,000 square feet of building area per unit and a minimum lot width of 40 feet per unit. e. Setback Encroachments: Front porches in the BMUD - R1 and BMUD — R3 subdistricts that comply with the design criteria of 4.02.16 D.4.d. are permitted to encroach into the front setback up to 7 feet, with an additional 3 feet encroachment for entry stairs. ii. Arcades, awnings, and stairs are permitted to encroach into the front setback up to 5 feet. iii. Bay windows may project up to 2 feet into any required setback. iv. Uncovered porches and stoops that do not exceed an average finished height above grade of 36 inches may project into any required setback up to 5 feet from the property line. v. Handicap ramps installed on a residential structure to provide access for a disabled resident may encroach into the front setback, unless it can be provided at another entry point. vi. Accessory structures may encroach into the setbacks as provided in section 4.02.16 C.2. vii. Non-structural accessory uses, such as HVAC, mechanical equipment, rain barrels, cisterns and solar panels, may encroach into the side and rear setback. f. Height limitations shall not apply to church spires, belfries, cupolas, and domes not intended for human occupancy, monuments, transmission towers, chimneys, smokestacks, flagpoles, masts and antennas. Parapets on a flat roof shall be no more than 5 feet in height at its highest point. B. Dimensional and Design Standards for the GTMUD 1. Mixed Use Subdistrict (GTMUD-MXD) a. Specific District Provisions: Page 56 of 122 Words struck through are deleted,words underlined are added 9B Maximum Density: 12 units per acre comprised of density allowed by the underlying zoning district and available density bonuses. ii. Lot and Building Dimensional Requirements: Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in section 4.02.16 D., Building Types and Architectural Standards. Table 7. Dimensional Requirements in the GTMUD-MXD i 2 Mixed- Civic& House Rowhouse Apartment Commercial Use Institutional Min. Lot Width (ft) 50 253 100 100 1005 100 Min. Front Yard (ft) 10 10 10 6.56 6.56 10 Min. Side Yard (ft) 7.5 5 7_5 10 10 10 Min. Rear Yard (ft) 15 15 20 5 5 15 Min. Waterfront 25 25 25 25 25 25 Setback (ft) Min. Floor Area (sq 1,100 1,000 750 per 700 700 per unit n/a unit per unit Min. Building n/a n/a 10 10 10 10 Separation Max. Building 42 42 42 56' 56' 42 Height (ft)4 Notes: 1 See 4.02.16.B.3 regarding Duplexes 2 See 4.02.16.B.3 regarding Two-Family Dwellings Applies to individual unit 4 Zoned Height of Building Property zoned C-3 shall have a minimum lot width of 75 feet 6 Development in the Mini-Triangle Area of the GTMUD— MXD subdistrict shall have a maximum setback of 20 feet MUPs in the Mini-Triangle Area of the GTMUD—MXD subdistrict shall have a maximum zoned building height of 112 feet. 2. Residential Subdistrict (GTMUD R) Page 57 of 122 Words struck through are deleted,words underlined are added r ' a. Specific District Provisions: Maximum Density is based on maximum density allowed by the underlying zoning district and any available density bonuses. ii. Lot and Building Dimensional Requirements: Lot and building dimensional requirements for new development are provided below. These requirements shall be based on the building type of the principal structure(s) as described in section 4.02.16 D, Building Types and Architectural Standards. Table 8. Dimensional Requirements in the GTMUD R Civic & House' Rowhouse Apartment Institutional Min. Lot Width (ft) 50 253 100 100 Min. Lot Size (sq ft) n/a n/a 10,000 10,000 Min. Front Yard (ft) 10 10 10 10 Min. Side Yard (ft) 7.5 5 7_5 10 Min. Rear Yard (ft) 15 15 15 15 Min. Floor Area (sq ft) 1,100 1,000 750 per n/a unit Min. Building Separation n/a n/a 10 10 Max. Building Height (ft)4 35 35 35 35 Notes: 1 See 4.02.16.A.7 regarding Duplexes 2 See 4.02.16.A.7 regarding Two-Family Dwellings Applies to individual unit 4 Zoned Height of Building 3. Exceptions to Dimensional Requirements: a. For infill lots, the minimum front and side setbacks shall be equal to the average setback dimensions on lots within 500 feet. b. A zero side setback is allowed for Rowhouse, Apartment, Mixed Use and Commercial building types, where permitted, if a shared wall, or party wall, is provided. Page 58 of 122 Words struck through are deleted,words underlined are added ` 96 c. Duplexes, where permitted, are subject to dimensional standards for a house building type, but shall have a minimum of 1,000 square feet of building area per unit and a minimum lot width of 80 feet. d. Two Family units, where permitted, are subject to dimensional standards for a rowhouse building type, but shall have a minimum of 1,000 square feet of building area per unit and a minimum lot width of 40 feet per unit. e. Setback Encroachments: Front porches in the GTMUD - R subdistrict that comply with the design criteria of section 4.02.16 D.4.d. are permitted to encroach into the front setback up to 7 feet, with an additional 3 feet encroachment for entry stairs. ii. Arcades, awnings, stairs and raised doorways are permitted to encroach into the front setback up to 5 feet. iii. Bay windows may project up to 2 feet into any required setback. iv. Uncovered porches and stoops that do not exceed an average finished height above grade of 36 inches may project into any required setback up to 5 feet from the property line. v. Handicap ramps installed on a residential structure to provide access for a disabled resident may encroach into the front setback, unless it can be provided at another entry point. vi. Accessory structures may encroach into the setbacks as provided in section 4.02.16 C.2 vii. Non-structural accessory uses, such as HVAC, mechanical equipment, rain barrels, cisterns and solar panels, may encroach into the side and rear setback. f. Height limitations shall not apply to church spires, belfries, cupolas, and domes not intended for human occupancy, monuments, transmission towers, chimneys, smokestacks, flagpoles, masts and antennas. Parapets on a flat roof can be no more than 5 feet in height. C. Additional Standards for Specific Uses Certain uses may be established, constructed, continued, and/or expanded provided they meet certain mitigating standards specific to their design and/or operation. These conditions ensure compatibility between land uses and building types and minimize adverse impacts to surrounding properties. 1. Accessory Parking Zones a. Lots adjacent to the Neighborhood Commercial (BMUD-NC), Waterfront (BMUD-W) and Mixed Use (GTMUD-MXD) Subdistricts, designated Page 59 of 122 Words struck through are deleted,words underlined are added Accessory Parking Zoning (APZ) as identified on the Collier County 9B Zoning Map, may be used for off street parking or water retention and management areas, in the following manner: As an accessory use to an adjacent non-residential principal use under the same ownership or legal control; or ii. As a public parking lot designated as a principal use. b. A buffer must be provided between the APZ and adjacent residential lots as provided in section 4.02.16 E.2.a.i. 2. Accessory Uses to Residential Structures An accessory structure located on the property and related to the primary residence (single-family detached only) for uses which include, but are not limited to: library, studio, workshop, playroom, screen enclosure, detached garage, swimming pool or guesthouse. a. Ownership of an accessory structure shall not be transferred independently of the primary residence. b. Accessory building(s), excluding swimming pools and screen enclosures, may be located on up to 30 percent of the side or rear yards. For the purposes of this provision, the yard shall be the area between the principal structure and the side or rear property line. c. The maximum area of a guesthouse is 750 square feet, limited to 1 habitable floor; the minimum area is 500 square feet. d. The guesthouse must be of new construction and must meet National Flood Insurance Program (NFIP) first habitable floor elevation requirements. The guesthouse may be above a garage or may be connected to the primary residence by an enclosed breezeway or corridor not to exceed 8 feet in width. e. Fences and walls: Fences and walls located in the front yard are permitted subject to the following conditions: The fence or wall shall not exceed 42 inches in height. ii. Fence material shall be wood picket, wrought iron or material of similar appearance and durability. Garden or decorative walls may be brick, stone stucco block. f. Height: The maximum zoned height of an accessory structure is 26 feet. Screen enclosures may exceed the maximum height, but in no case be higher than the principal structure or 35 feet, whichever is less. q. Location: Accessory structures shall not be located in the front yard, except that accessory structures located on corner lots may be located Page 60 of 122 Words struck-through are deleted,words underlined are added 9B in the front yard with the longer street frontage. Accessory structures shall be setback a minimum of 10 feet from the rear property line and shall have the same side setback as required for the principal structure for the overlay subdistrict in which it is located. 3. Artist Village a. Artist village is limited to the housing of artists, such as painters, sculptors, jewelry makers, in one or more multifamily attached dwellings, clustered single-family detached dwellings, or a combination thereof. b. Dwellings shall not be leased for periods less than 30 days. c. Artist village consisting of clustered, single-family detached dwellings, shall be designed consistent with the provisions for cluster residential design in section 4.02.04. d. Shared studio and/or gallery space shall be provided for the use of all residents of the artist village. 4. Bed and Breakfast Facilities a. Minimum number of quest rooms or suites is 2 with a maximum number of 6. Guest occupancy is limited to a maximum stay of 30 days. The minimum size of bedrooms for quest occupancy shall be 100 square feet. b. No cooking facilities shall be allowed in guest rooms. c. Separate toilet facilities for the exclusive use of guests must be provided. At least 1 bathroom for each 2 questrooms shall be provided. d. Parking: 2 spaces plus 1 space for each bedroom. All other applicable provisions of this LDC relative to parking facilities shall apply. e. Signage: 1 sign with a maximum sign area of 4 square feet containing only the name of the proprietor or name of the residence. Signs shall not be illuminated in residential subdistricts. f. A 24 hour on-site manager is required. 5. Community Garden a. The property shall be maintained in good condition consistent with the County's property maintenance standards. All planting materials, tools, and equipment must be removed from the site each day or secured in a permitted accessory structure. b. Hours of operation shall be limited to dawn to dusk. c. The sale of items from the property shall be prohibited, except by an approved special event. Page 61 of 122 Words struck gh are deleted,words underlined are added . 9B d. Any use of fertilizer must comply with provisions set forth in Collier County Code of Ordinances, Article II: Florida-Friendly Use of Fertilizers on Urban Landscapes. e. Required Yards: Accessory buildings, including storage sheds or greenhouses, are permitted on site and must meet the principal structure setback requirements for the subdistrict in which it is located. ii. All plantings shall be setback a minimum of 10 feet from the street right-of-way and five feet from the rear and side property lines. f. Operating Procedures: A community garden must have a set of operating rules addressing the following: Identification of, and contact information for, a garden coordinator to perform the coordinating role for the management of the community gardens; ii. Maintenance and security requirements and responsibilities; iii. Identification of how garden plots are assigned in a fair and impartial manner. 6. Live-Work Units a. All live-work units must fully comply with any and all Building Code requirements. b. The non-residential use areas shall meet accessibility requirements of the applicable Building Code (including site access and parking) and be oriented to the street. c. Size: The live-work unit shall have a minimum total size of 1,000 square feet and a maximum total size of 3,000 square feet and three stories in height. The non-residential use area must occupy less than 50 percent of total unit. d. The same individual(s) must occupy the non-residential use area and living area. e. The live-work unit may employ a maximum of 1 non-resident worker/employee on premise at any one time. f. Live-work units in non-residential subdistricts (BMUD-NC, BMUD-W and GTMUD-MXD) shall be established through the mixed use project approval process. Page 62 of 122 Words struck gh are deleted,words underlined are added 9B q. Limitations on use. The non-residential component 9f a live-work unit shall be limited in the following manner: Live-work units in a non-residential subdistrict (BMUD-NC, BMUD-W and GTMUD-MXD) limited to uses permitted within the applicable subdistrict or underlying zoning district. ii. Live-work units approved as a conditional use in a residential subdistrict (BMUD-R3 and GTMUD-R) shall be limited to non- residential uses including artist studio, professional office, professional service such as hair salon or tailor, or any other use deemed to be similar in nature by the BZA during the conditional use process. Non-residential uses may include ancillary retail, such as galleries selling artwork and hair salons selling hair products. iii . Prohibited uses include Vehicle Maintenance or Repair, Entertainment, Drinking and Public Eating Establishment, the sale of food and beverages, Sexually-Oriented Businesses, veterinary services, and activities involving biological or chemical substances that require a controlled environment or may pose a health hazard. h. Parking: 1 parking space per 500 square feet of the non-residential portion of the live-work unit plus 1 space for the residential unit. Signage: Signage for live-work units in a commercial subdistrict shall be limited to wall signs in accordance with section 5.06.04. Live-work units located in a residential subdistrict shall be limited to 1 non-illuminated wall sign with a maximum sign area of 8 square feet. 7. Marinas and Boatyards a. Repair and dry storage areas shall not be visible from the street. b. Boats available for rental purposes shall be located in the water or screened with a fence or wall from the local side streets and adjacent residential lots and shall not be visible from Bayshore Drive. c. All boat racks shall be enclosed with a wall or fence and the boats shall not exceed the height of the enclosure. The fence material can be wood, vinyl composite, concrete block with stucco finish or metal or a combination. No chain link fence is allowed. d. Height of structures may be increased to a maximum actual height of 50 feet by the Board of Zoning Appeals (BZA) upon approval of a variance petition. e. Outdoor displays of boats for sale on properties fronting Bayshore Drive shall be limited to the following: Page 63 of 122 Words struck through are deleted,words underlined are added 9 B t ,. All areas used for boat display activities shall occupy no more than 35 percent of the linear frontage of the property. ii. All boat sale areas shall not be closer to the frontage line than the primary building they serve. iii. All boats located within an outdoor sales area shall not exceed the height of 17 feet above existing grade. iv. Outdoor sales areas shall be connected to the parking area and primary structure by a pedestrian walkway. v. An additional 10 foot landscape buffer is required around the perimeter of the outdoor boat sales area. This buffer must include, at a minimum 14 foot high trees, spaced at 30 feet on center and a 3 foot high double row hedge spaced at three feet on center at the time of planting. f. One parking space per 5 dry boat storage spaces. q. On-site traffic circulation system shall be provided that will accommodate areas for the loading and unloading of equipment that will not encroach upon residential developments. 8. Mixed Use Project a. Mixed Use Projects are typically human-scale, pedestrian-oriented, interconnected projects with a mix of residential and commercial uses such as retail, office and civic amenities that complement each other. Residential uses are often located above commercial uses, but can be separate areas of residential use only with close proximity to commercial uses. An interconnected street system is the basis for the transportation network. Buildings are encouraged to be built close to the vehicular and pedestrian way to create a continuous active and vibrant streetscape utilizing the architecture, landscaping, lighting, signage, and street furnishings. b. Mixed Use Projects in the BMUD-NC, BMUD-W and GTMUD-MXD shall be reviewed and permitted in accordance with section 10.02.15. c. A minimum of 60 percent of all commercial uses within a mixed use project shall provide retail, office and/or personal service uses to serve the needs of the subject project and surrounding residential neighborhoods. d. A maximum of 25 percent of the residential units within a mixed use protect shall be on gated roadways. Residential uses shall be constructed concurrent with, or prior to, the construction of commercial uses so as to insure actual development of a mixed use project, or otherwise in accordance with a development schedule approved for the project and made a condition of the MUP approval. Page 64 of 122 Words struck through are deleted,words underlined are added 9B e. MUPs shall provide connection to local streets, adjoining neighborhoods and adjacent developments, regardless of land use types. A grid street pattern is preferred; however, modifications may be approved, provided the vehicular network provides interconnections between internal uses and external connections to adjoining neighborhoods and land uses. The network shall fully accommodate pedestrian, bicycle, and transit. f. The commercial component of a mixed use project may be located internal to the project or along the boundary; if externally located, internal access roads and service access shall be provided so as not to promote strip commercial development along external collector and arterial roadways. q. Parking lots shall be dispersed throughout the project. No one parking lot shall provide more than 40 percent of the required off-street parking. Parking garages shall have no restrictions on percentage of required parking that may be accommodated. This requirement shall not apply to individual parcels less than 5 acres in size. h. At least 30 percent of the gross area of mixed use projects shall be devoted to useable open space, as defined in section 4.02.01 B. In the case of any request to deviate from this requirement, a donation of land, cash, or other in-kind contribution may be accepted by the CRA, where it has been demonstrated to sufficiently mitigate for the reduction of required on-site usable open space. This cash or in-kind contribution may be used to enhance the public realm (public art, plaza, fountains, etc). This usable open space requirement shall not apply to individual parcels less than 5 acres in size. 9. Outdoor Display and Sale of Merchandise a. No automatic food and drinking vending machines are permitted outside of any structure. b. Newspaper vending machines will be limited to two machines per project site and shall be permanently affixed (not portable). c. Outdoor display and sale of merchandise, within front yards on improved properties, is permitted provided the merchandise is limited to the sale of comparable merchandise sold on the premises. D. Building Types and Architectural Standards 1. Purpose and Intent The purpose of this section is to supplement the provisions of section 5.05.08 of the LDC by identifying and providing design standards for the building types allowed within the Bayshore Gateway Triangle Redevelopment Area. The standards are intended to attach the same importance to the overall building design as is placed on the use contained therein, and to ensure that proposed development is consistent with the CRA's goals for building form, character Page 65 of 122 Words struck-threughh are deleted,words underlined are added 9B and quality. Buildings within the BMUD and GTMUD are expected to be added as long-term additions to the architectural vibrancy of the community. 2. Applicability Each proposed building shall be designed in compliance with the standards of this section for the applicable building type, regardless of the underlying zoning district provisions. The uses permitted within the building are determined by the underlying zoning district or overlay subdistrict in which it is located. All buildings shall meet the design requirements set forth in section 5.05.08 unless otherwise specified in this section. 3. General Architectural Standards a. Architectural Style: The building design standards of this section do not mandate a particular building style and permit a wide variety of architectural expressions. When a building exhibits a known architectural style (i.e., Florida Cracker, Mediterranean, Colonial, Modern) the details shall be consistent throughout the building and any accessory structures on the same site. b. Frontage: The primary entrance for any building must be oriented to the street. Orientation is achieved by the provision of a front facade including an entry door that faces the street or square. This requirement shall not apply to mobile homes or to buildings that are interior to a site that has other buildings that meet this provision. c. Compatibility: Proposed buildings should relate to adjacent buildings in similarity of scale, height, architectural style, and/or configuration. Exceptions to this provision include civic and institutional buildings such as churches and schools. d. Facade Treatment: Architectural elements such as windows and doors, bulkheads, masonry piers, transoms, cornices, window hoods, awnings, canopies, and other similar details shall be used on all facades facing a public right-of-way. Page 66 of 122 Words struck gh are deleted,words underlined are added 9B _.:- DECORATIVE CORNICES 44-37",,, S r* o,, ' WINDOW TRIM MINIMUM 4" 1 WIDE) GABLES EAVES BALCONIES I 4s I ' OPEN ARCADE 1 11 ,l.1J11 ' � �_ �_ ,.,... ,, ..-- BUILDING OR COVERED WALKWAY 4 rte. AWNINGS TRANSOM 1 �� l , 1 1 i 3�.. ;r i ALONG FLOOR 1 LIGHTS I � ♦ 3 °' PILLARS OR RECESSED• ._,.. _. 1I I I ENTRY — I" POSTS BGT Redevelopment Area Figure 1 Facade Treatments (For illustrative purposes only) 4. Building Type: HOUSE a. Description: The predominant ing inte type de in the Bayshore Gateway Triangle Redevelopment Area and build is nd for use as a single-family detached dwelling located on its own lot, although it may also accommodate duplexes, small multi-family dwellings, home occupations, and professional offices. err � / f o Iili� re oat 1` :J 4- r�� o : hair _`--- ?l BGT Redevelopment Area Figure 2 Building Type: House (For illustrative purposes only) Page 67 of 122 Words struck h are deleted,words underlined are added B b. Yards: The typical House has four yards: front, sides, and rear. Corner lots shall have two front yards and two side yards, with the front yards along each street frontage. Property tine "I 14-0 1 I i N 1 I k 1 I r j House i House i i I i 'rirrtaryiFacade- i � r Primary Street 0 Frearst Yard We Yard 0 Dear Yard BGT Redevelopment Area Figure 3 House Yard Diagram (For illustrative purposes only) c. Elevation Requirements: A maximum of two feet of fill shall be allowed on site towards meeting National Flood Insurance Program (NFIP) requirements. Additional NFIP finished habitable floor height requirements shall be accomplished through stem wall construction. Stem walls shall be finished in material and color complimentary to the principal structure. ii. Open stilt-type construction is not permitted. On front yards, the foundation area below the first floor must be treated with a solid facade or lattice, which is consistent with the architectural style of the building and the floodplain protection standards of section 3.02.00. iii. Parking is permitted under the principal structure. The garage floor shall not exceed 24 inches above the elevation of the crown of road from which it is accessed. Page 68 of 122 Words struck through are deleted,words underlined are added 9B d. Front Porches: Front porches should be used as a primary architectural element and may encroach up to 7 feet into the required front setback in accordance with section 4.02.16 A.7.e.i. ii. Front porches must cover a minimum of 40 percent of the horizontal length of the front yard facade of the primary residence and be at least 5 feet deep. I I I I I I House i I 0 Minimum Front Yard I a Porch encroachment c ( =7' max. W I 0 Minimum Porch Width MAN a i =40%of c 1 Porch I d Front Facade Length Sidewalk BGT Redevelopment Area Figure 4 House Porch Diagram (For illustrative purposes only) iii. Front porches shall not be air-conditioned or enclosed with glass, plastic, or other materials. Screening the porch is allowed as long as the moldings that hold the screen material matches the material and design character of the structure. iv. Front second-story porches are encouraged, but no enclosed room is permitted above the front porch. e. Garages, Carports, and Driveways: Garage doors shall have a maximum width of 16 feet. ii. The driveway shall have a maximum width of 18 feet in the right- of-way area. Other than the permitted driveway, the front yard may not be paved or otherwise used to accommodate parking. iii. Freestanding carports are prohibited. Carports and porte-cochere must be attached to the principal structure and be of similar materials and design as the principal structure. Detached garages must meet the side and rear setback requirements for an Page 69 of 122 Words Gtruck through are deleted,words underlined are added 9 B t4,. accessory structure. Carports and detached garages shall be no closer than 23 feet from the front yard setback line. iv. The distance from the back of the sidewalk to the garage door must be at least 23 feet to allow room to park a vehicle on the driveway without parking over the sidewalk. Should the garage be side-loaded there must be at least a 23 foot paved area on a perpendicular plane to the garage door or plans must ensure that parked vehicles will not interfere with pedestrian traffic. Detached Garage i Front Loaded Garage Side Loaded Garage • II I I I I I I I I I I I I I 1 I I I I I I I I I I I I I v Minimum Driveway 1 I I Depth I I I I I I I 0, Street BGT Redevelopment Area Figure 5 Garages, Carports, and Driveways Diagram (For illustrative purposes only) 5. Building Type: ROWHOUSE a. Description: A building with two or more residential units that are attached by a common wall. A rowhouse is typically a fee simple unit from ground to roof with no units above or below. A rowhouse may be used as a live-work unit. Page 70 of 122 Words struck through are deleted,words underlined are added ' 98 ,,,. „..„............ ..,„.... ,,,,o, „:„.., ......,.... nil n M-77. ' r � .i; ; ` 1 11 11 l/ JJ3P' BGT Redevelopment Area Figure 6 Building Type: Rowhouse (For illustrative purposes only) b. Yards: The rowhouse building typically has one primary yard located to the rear of the structure with the potential for a small landscaped front yard. Aside yard is required for end units. Corner lots shall have a front yard on each street frontage. -i r. ICP f { I i I t I Primaryf4xca 1 61616 0 INNS iltan innal Primarytacaacla.. .La_,.= ....�.1._. ...�'4_ =�.� Street 0 Front Yard Side Yard Rear Yard BGT Redevelopment Area Figure 7 Rowhouse Yard Diagram (For illustrative purposes only) Page 71 of 122 Words s ^ ^' gh are deleted,words underlined are added 9B c. Front Porches and Stoops: Front porches should be used as a primary architectural element and may encroach up to 7 feet into the required front setback in accordance with section 4.02.16 A.7.e.i. r i I I. I 1 I I I I Townhouse j I Minimum Front Yard 1 1 '1 } ( Porch encroachment =7` max. j b { Minimum Porch Width 1 Porch 4)Front Facade length Sidewalk BGT Redevelopment Area Figure 8 Rowhouse Porch Diagram (For illustrative purposes only) d. Elevation Details: All building elevations visible from the street shall provide doors, porches, balconies, terraces and/or windows along a minimum of 60 percent of the front elevation and 30 percent of the side elevation for each building story. "Percent of elevation" is measured as the horizontal plane containing doors, porches, balconies, terraces and/or windows in relation to the total horizontal plane of the building elevation. Page 72 of 122 Words struck through are deleted,words underlined are added , 9B l l 1 I 1 1 �• AMMO Iii 'moil U �� U La� 11��� �t��� o �u�� �Ilill� � � r 4 � ► 0+Q+Q= >60%of CO BGT Redevelopment Area Figure 9 Building Elevation Diagram (For illustrative purposes only) ii. All rowhouse buildings are encouraged to provide design details and architectural features to provide visual interest. The types of features may vary on adjacent rowhouse facade that share a common wall, and may include: a) Dormers b) Gables c) Recessed entries d) Covered porch entries e) Pillars or posts fl Eaves q) Bay windows h) Balconies i) Decorative finish, such as wainscoatinq i) Decorative cornices and rooflines (for flat roofs) k) Window trim (minimum 4 inches wide) e. Garages and Driveways: Garages and off-street parking spaces are encouraged to be located to the rear of the building. ii. Garage provided along the front facade of the building shall meet the following design standards: a) Garages shall be recessed from the front facade of the building by a minimum of 5 feet. Driveways shall be designed to provide sufficient room for a parked vehicle without interfering with sidewalks. b) Garage doors shall not exceed more than 30 percent of the front elevation. Page 73 of 122 Words struck-through are deleted,words underlined are added ` 98 6. Building Type: APARTMENT a. Description: A multiple-unit building with units arranged vertically and/or horizontally and with parking located below or behind the building. Units may be for rental or for sale in condominium ownership or may be ■111111111V _ 4:, Air designed as continuing care facilities or lodging (hotel). I% 11 111 H El Slit 'Iii �''� li imi a ail,,:111 ii mi i.- II el IN f-.„1--1 *Si BGT Redevelopment Area Figure Building Type:elopm Apartment (For illustrative purposes only)10 b. Yards: The apartment building typically has a primary yard located to the rear of the structure with secondary side yards and the potential for a small landscaped front yard. Corner lots shall have a front yard along each street frontage. Buildings located internal to a site may be arranged in a courtyard setting provided the site has at least 1 building oriented toward the street. Page 74 of 122 Words struck through are deleted, words underlined are added 4B } I I Property tine 1 I Primary acada I I wiewrithr I kr:7 -21 I I ^ _ j I j ,. I 2 I I a I I I 1 Licatta j sorim Z ['---Prim$ry1Facade 1 I Street E tont Yard 0 Side Yard 0 hear Yaid BGT Redevelopment Area Figure 11 Apartment Building Yard Diagram (For illustrative purposes only) c. Elevation Details: All apartment building elevations visible from the street shall provide doors, porches, balconies, terraces and/or windows along a minimum of 60 percent of the front elevation and 30 percent of the side elevation for each building story. "Percent of elevation" is measured as the horizontal plane containing doors, porches, balconies, terraces and/or windows in relation to the total horizontal plane of the building elevation. ii. All apartment buildings are encouraged to provide design details and architectural features to provide visual interest, which may include the following: a) Dormers b) Gables c) Recessed entries d) Covered porch entries e) Pillars or posts f) Eaves q) Bay windows h) Balconies i) Decorative finish, such as wainscoatinq j) Decorative cornices and rooflines (for flat roofs) k) Window trim (minimum 4 inches wide) Page 75 of 122 Words struck gh are deleted,words underlined are added f 9 B I) Canopies, porticos, or porte-cocheres (integrated with the building's massing and scale) d. Massing and Scale: Apartment buildings shall relate in mass and scale to the adjacent built environment and shall avoid single, large, dominant building mass. Buildings over 10,000 square feet in gross building area shall include facade variations so that the maximum length, or uninterrupted curve, of any facade does not exceed 60 linear feet. Facade variations shall be provided through projections and recesses with a minimum depth of 5 feet and may include porches, balconies, bay windows and/or covered entries. }E i � Ert . : Appropriate — Building includes inappropriate — Building lacks roof line offsets and façade roofli e offsets and façade variation variation BGT Redevelopment Area Figure 12 Massing and Scale Diagram (For illustrative purposes only) 7. Building Type: MIXED-USE a. Description: A building which can accommodate a variety of uses, typically with the ground floor dedicated to non-residential uses and upper story floor(s) dedicated to office and/or residential uses. Page 76 of 122 Words struck through are deleted,words underlined are added ' 98 /It,/ , ....„.., _...,,,,. ----'-- --------------- -- - ,i , ,, :,,,,,1 tilittli,„ ittatti ti® a; iii, p� !iiirill�I ; x III a� a. i `; q I :I:: �1y r � 1 I 0 * ' 'I'' '1-,.'° 4'k l'h l''''.4::;r;:. lirrj'i'--------------:ii:''';',:"'0,--------- ', , '1,',... ' 1 :, ,i,h' -,t eiii., 1 Building Type: BGT Redevelopment Area Figure 13 Mixed-Use (For illustrative purposes only) b. Yards: The mixed-use building typically has a primary yard located to the rear of the structure with the potential for a small front plaza or courtyard to provide public space or outdoor dining. Property Line 0 I 1 I [ I i I2 I e> 2 I I i i .11)r Building ,Building . I i in i rk ar p a d#o i .P 1m r i ad I_._ ._._. J _ I. _._. —.—._._. _.1 Street al) Fror71 Yard 0 Side Yard Rear Yaid T dvelpe Ae Fie 14 Mixed-Use BG Buildinm Yard a Diagram (For Re illustrative e o purposes nt r g only) Page 77 of 122 Words struck through are deleted, words underlined are added 9B c. Multi-Story: Mixed-use buildings shall have a minimum of two stories. The first floor shall have a minimum floor-to-ceiling height of 14 feet. d. Street Facades: The first floor of all mixed-use buildings shall be designed to encourage and complement pedestrian-style interest and activity through the following elements: The first floor building elevation shall be located between the minimum and maximum front setback line (if provided) for a minimum of 60 percent of lot width. Building Pont Se Mi,,.na,tSeNwck 1 Facade Width=260%of b erdperty lines © 4 111L110 Lot Width a ‘411,111 0 Street BGT Redevelopment Area Figure 15 Mixed-Use Building Façade Diagram (For illustrative purposes only) ii. Glazing, consisting of transparent windows and doors, shall be provided along a minimum of 35 percent of the length of first floor building elevation along the primary street frontage. Building elevations along secondary street frontages shall provide 30 percent glazing. iii. Expanses of blank walls may not exceed 20 feet in length along the primary street frontage. A blank wall is a facade that does not contain transparent windows, doors, arcades, stairs or similar features. e. Windows: Windows along the first floor building elevation shall meet the following standards: Clear glass windows shall not exceed a tint of more than 25%. Page 78 of 122 Words struck through are deleted,words underlined are added 9B ii. Windows shall be located between 2 and 7 feet above sidewalk grade. f. Building Entrances: All mixed-use buildings shall have a clearly defined principal pedestrian entrance fronting the street. Additional entrances may be oriented toward the side and rear parking lots or pedestrian pathways. q. Elevation Details: All mixed-use buildings shall provide a minimum of 4 of the following design details and architectural features: a) Dormers b) Gables c) Recessed entries d) Covered porch entries e) Pillars or posts fl Eaves q) Bay windows h) Balconies i) Decorative finish, such as wainscoating I) Decorative cornices and rooflines (for flat roofs) k) Window trim (minimum 4 inches wide) I) Canopies, porticos, or porte-cocheres (integrated with the building's massing and scale) m) Open arcade or covered walkway n) Bulkheads o) Transoms p) Window hoods g) Building awnings along first floor h. Massing and Scale: Mixed-use buildings shall relate in mass and scale to the adjacent built environment and shall avoid single, large, dominant building mass. Mixed-use buildings shall include facade variations so that the maximum length, or uninterrupted curve, of any facade does not exceed 75 linear feet. Facade variations shall be provided through projections and recesses with a minimum depth of 4 feet. ii. Roofline offsets shall be provided to lend architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof. The maximum length of an uninterrupted flat roof is 75 linear feet. Materials: Mixed-use buildings exteriors shall consist of wood clapboard, stucco finish, cement fiber board products, brick or stone. Page 79 of U2 Words struck through are deleted, words underlined are added ` 98 ii. Pitched roofs shall be metal seam (5v Crimp, standing seam or similar design), slate, copper, or wood shingles. 8. Building Type: COMMERCIAL a. Description: A single or multi-story building which accommodates non- residential and automobile oriented uses, such as retail and office uses. This building type provides convenient vehicle access from the fronting roadway while minimizing the negative impacts of parking lots on an active pedestrian realm. i t tar r- ■ iii,.r . lj BGT Redevelopment Area Figure 16 Building Type: Commercial (For illustrative purposes only) b. Yards: The commercial building has a primary yard located to the rear of the structure with the potential for a small front plaza or courtyard to provide public space or outdoor dining. __I 1 -_._._.-._ I 1 Auk Property Line --I 1 1 1 12 12 ` 1 j2 �1 Building ! '; Building, i j 1 i primary Facade i Primary Facade i �t i t ,. i L _NFL. -.._.. —.,.....i.,-.3,—.._ ....,—. ,_._._.__._...1 ___, t Street 0 Front'raid Ell side Yard 0 Rear Yard Page 80 of 122 Words struck are deleted,words underlined are added 9B BGT Redevelopment Area Figure 17 Commercial Building Yard Diagram (For illustrative purposes only) c. Street Facades: The first floor of all commercial buildings shall be designed to encourage and complement pedestrian-style interest and activity through the following elements: The first floor building elevation shall be located between the minimum and maximum front setback line (if provided) as provided in section 4.02.16 A.1.a.ii. for a minimum of 50 percent of lot width. ii. Glazing, consisting of transparent windows and doors, covering a minimum of 30 percent of the length of first floor building elevation along the primary street frontage. Building elevations along secondary street frontages shall provide 25 percent glazing. iii. Expanses of blank walls may not exceed 20 feet in length along the primary street frontage. A blank wall is a facade that does not contain transparent windows, doors, stairs or similar features. d. Windows: Windows along the first floor building elevation shall meet the following standards: Clear glass windows shall not exceed a tint of more than 25 percent. ii. Windows shall be located between 2 and 7 feet above sidewalk rg ade. iii. Buildings over 20,000 square feet in floor area may utilize spandrel glass, or other faux window treatment, for up to 25 percent of the glazing requirement. e. Building Entrances: All commercial buildings along Bayshore Drive shall have a clearly defined principal pedestrian entrance fronting Bayshore Drive. Additional entrances may be oriented toward the side and rear parking lots or pedestrian pathways. f. Elevation Details: All commercial buildings shall provide a minimum of 4 of the following design details and architectural features: a) Dormers b) Gables c) Recessed entries d) Covered porch entries e) Pillars or posts Page 81 of 122 Words struck-tom" are deleted,words underlined are added ' 9B f) Eaves g) Bay windows h) Balconies i) Decorative finish, such as wainscoatinq j) Decorative cornices and rooflines (for flat roofs) k) Window trim (minimum 4 inches wide) I) Canopies, porticos, or porte-cocheres (integrated with the building's massing and scale) m) Open arcade or covered walkway n) Bulkheads o) Transoms p) Window hoods q) Building awnings along first floor q. Massing and Scale: Commercial buildings shall relate in mass and scale to the adjacent built environment and shall avoid single, large, dominant building mass. Commercial buildings shall include facade variations so that the maximum length, or uninterrupted curve, of any facade does not exceed 100 linear feet. Facade variations shall be provided through projections and recesses with a minimum depth of 4 feet. ii. Roofline offsets shall be provided to lend architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof. The maximum length of an uninterrupted flat roof is 100 linear feet. h. Materials and Colors: Commercial buildings shall be of wood clapboard, stucco finish, cement fiber board products, brick or stone. ii. Pitched roofs shall be metal seam (5v crimp, standing seam or similar design), slate, copper, or wood shingles. iii. Exterior building color: Applicants may request a deviation from the exterior building color requirements of section 5.05.08 C.13.b. if 50 percent or more of the facade consists of glazing in the form of transparent windows or doors. These deviation requests shall be subject to the procedures established in section 5.05.08 F. following the review and approval by the CRA Advisory Board to ensure consistency with CRA goals and objectives and community character. Awning: For awnings spanning less than 25 percent of a facade, an applicant may request a deviation from the color restriction identified in section 5.05.08 C.11.c.iv. These deviation requests shall be subject to the procedures established in section 5.05.08 Page 82 of 122 Words,truck through are deleted,words underlined are added 9B F. following the review and approval by the CRA Advisory Board to ensure consistency with CRA goals and objectives and community character. 9. Building Type: CIVIC & INSTITUTIONAL a. Description: A building that serves as a public gathering place and a focal point of the community. These buildings should be constructed as permanent long term additions to the area and include uses dedicated to religious, cultural, governmental or educational missions. b. General Requirements: Because of the unique characteristics of civic and institutional buildings, it is generally exempt from the standards imposed on other building types in this section and the architectural standards of section 5.05.08. The following standards shall apply: Buildings should be of sufficient design to serve as a visual anchor to the community. ii. All rooftop equipment shall be screened from view. E. Landscaping and Buffer Requirements 1. Applicability: Landscaping and buffering in the BMUD and GTMUD shall be provided in accordance with section 4.06.00, unless as specified in this section. 2. Buffer Requirements: Buffers shall be provided to give spatial separation and visual screening between incompatible uses. a. Perimeter Buffers: The following buffer standards shall be required for MUPs, PUDs, commercial developments and other non-residential developments in the BMUD-NC, BMUD-W and GTMUD-MXD subdistricts. Buffers adjacent to residential uses and residentially zoned properties shall be consistent with one of the following: a) Ten foot wide buffer including a 6 foot high opaque masonry wall and a row of trees spaced no more than 30 feet on center; or b) Fifteen foot wide buffer including trees spaced no more than 25 feet on center and a hedge consisting of ten gallon plants five feet in height, three feet in spread and spaced a maximum four feet on center at the time of planting. ii. Buffers adjacent to non-residential uses shall include a shared 10 foot wide buffer. Each property must contribute a minimum of 5 feet to the buffer. This buffer area may be provided in the form of landscaped area with plantings consistent with the Type A buffer requirements and/or hardscaped courtyards, mini-plazas, Page 83 of 122 Words struck gh are deleted,words underlined are added outdoor eating areas, and building foundation planting ar sU R This buffer requirement is not required in the side yard between non-residential uses that share a common wall or between shared parking facilities. • i Alley or Joint Access Easement I I I I I I I I Shared Parking I I I ) I I I I I I , . . I I I I I I ._._._.L._._._._._. ._._._._.I Street 0 Front Yard O Side Yard 0 Rear Yard BGT Redevelopment Area Figure 18 Shared Buffer Diagram (For illustrative purposes only) iii. Road Right-of-Way Buffers: Road right-of-way buffers for multi- family (excluding house and rowhouse building types) and non- residential developments are encouraged to coordinate with and complement the Bayshore Gateway Triangle Streetscape Guidelines. a) Developments within an Activity Center must provide a 20 foot Type D buffer adjacent to US 41, Tamiami Trail, meeting the design standards of section 4.06.02 C.4. b) All other developments shall provide a buffer consisting of one of the following: 1) Minimum 10 foot wide Type D buffer meeting the design standards of section 4.06.02 C.4. 2) A hardscaped area extending from the back of the street planting zone to the primary front facade. The hardscaped area shall perform as an expanded public realm and may include benches, outdoor eating areas, plazas, fountains, and art pieces. Page 84 of 122 Words struck through are deleted,words underlined are added 9B Buffer-Option(a) Buffer-Option(b) I I I I I I I I I I I I I I I Type D Buffer Hardscape J. Street BGT Redevelopment Area Figure 19 Road Right-of-Way Buffer Diagram (For illustrative purposes only) 3. Parking Lot Landscaping: a. A maximum of 30 percent of the landscape islands may have a minimum width of 5 feet inside planting area and may be planted with a palm tree equivalent. b. Minimum tree size shall be 1-3/4" caliper and a minimum of 10 feet in height. c. Parking lot perimeter: Parking lots shall include perimeter planting areas that are a minimum of 5 feet in width. Shrubs shall be arranged in a staggered pattern with a minimum size of 3 gallons at the time of planting to provide year-round screening. Trees shall be included in the perimeter landscape area at a minimum spacing of one tree/palm per 25 feet of linear frontage. ii. Streetwalls shall be used when surface parking lots for non- residential uses abut the right-of-way of Bayshore Drive, Van Buren Avenue, Thomasson Drive in the BMUD and US 41, Davis Boulevard, and Commercial Drive in the mini-triangle portion of the GTMUD. a) The wall shall complement the materials and colors of the primary buildings and be 3 to 4 feet in height and shall have a 12 inch protection or recess a minimum of every 15 feet. Page 85 of 122 Words struck-through are deleted,words underlined are added 9 3 b) The streetwall shall be set back the same distance as the primary building facade; however, the streetwall shall meet County standards for site distance triangles per section 4.06.01 D.1. c) The street side of the streetwall shall have trees at 30 feet on center planted within tree wells or a minimum 5 foot wide strip with ground covers other than grass. d) The streetwall structure shall be protected through the use of a root barrier system as identified by LDC section Figure 4.06.05.H.A. e) No streetwall is required if all of the parking is located in rear of the development. 4. Building Foundation Planting: Building foundation plantings shall be required per section 4.06.05 of the LDC, except as follows. The building shall provide the equivalent of 10 percent of its gross ground level floor area, in building foundation planting area. A continuous building foundation planting width is not required per section 4.06.05 of the LDC. However, the foundation plantings shall be located within 25 feet of the building edge in the form of landscaped courtyards and seating area landscaping. 5. Water Management Area: The water management area may be located within any required buffer area provided all buffer plantings can be accommodated. 6. Plant Materials: Landscaping in the BMUD and GTMUD shall utilize tree and shrub plants that are identified in the Collier County Native Plant List in order to minimize maintenance and water demands after establishment. Ornamental plantings should be drought-tolerant in nature, consistent with Florida Yards & Neighborhoods Program, and cross-referenced with the latest Florida Exotic Pest Plant Council (FLEPPC) listing of invasive species (Categories I and II). F. Parking Standards The purpose of the parking standards for the BMUD and GTMUD is to regulate the location, siting, and design of on-street and off-street parking in a manner that provides convenient access to adjoining uses, reduces increased surface level heat and glare, and enhances pedestrian, bicyclist and motorist safety and visibility within the built environment. Parking in the BMUD and GTMUD shall be as provided for in section 4.05.00, except as specified in this section. 1. Parking Space Requirements: Parking spaces shall be provided in accordance with the following table. For uses not specifically listed, the most similar category shall be used to calculate the minimum parking requirements. Net Floor Area is defined as total floor area excluding mechanicals and core space. Table 1. Parking Space Requirements in the BMUD and GTMUD Page 86 of 122 Words struck through are deleted,words underlined are added 9B Use Type, Minimum Parking Spaces Single-Family Residential 2.0/dwelling unit Multi-family Residential 1-bedroom 1.0/dwelling unit 2-bedroom 1.5/dwelling unit 3 or more bedrooms 2.0/dwelling unit Lodging 1.0/room Places of worship 1/4 seats (pews: 1 seat = 1.5 feet) Assembly/Museum/Gallery 1/500 sq. ft. of net floor area open to the public Institutional 1/300 sq. ft. of net floor area General Office 1/350 sq. ft. of net floor area Retail 1/300 sq. ft. of net floor area Restaurant 1 1/150 sq. ft. of net floor area or 1/4 seats, whichever is greater Industrial/Manufacturing 1/500 sq. ft. of net floor area Warehousing 1/1,000 sq. ft. of net floor area Note: 1 Outdoor cafe seating shall be exempt from parking calculations. 2. Adjustments to Parking Space Requirements: Developments which meet any of the following standards may be exempted from the minimum parking requirements of this section. a. Public parking facilities. The CRA can make parking on CRA owned property available to meet the minimum parking requirements for new construction or redevelopment projects. An applicant must provide documentation stating the parking allocation has been approved by the CRA as part of the MUP, site development or site improvement plan process. The public parking facility must be located within one-half mile of the development. Once spaces are allocated to a specific property through the approval of the MUP, SDP or SIP, the applicant has one year to begin utilizing the parking. If the spaces are not used within one year, and an extension is not granted by the CRA, the spaces will be made available for reallocation and all development orders shall be revised accordingly. b. Off-site parking. Off-site parking may be used in order to meet the minimum parking requirements, provided the off-site parking is located no farther than 1,200 feet from the use it will serve. The location and design of the off-site parking will be shown on the SDP or SIP and approved as part of the SDP or SIP review and approval process. The required parking spaces will be committed by a recordable covenant, lease, or other agreement. Page 87 of 122 Words struck through are deleted,words underlined are added i8 c. Shared parking. Shared parking is permitted for new development if the applicant establishes that the peak parking demands for the new uses clearly occur at different times. A shared parking agreement must be recorded by a recordable covenant, lease, or other agreement. Shared parking lots must be within 600 feet of each use and may not be separated from the use by a street right-of-way or easement exceeding 60 feet in width. d. On-street parking. Where on-street parking exists or is permitted, a development may count the spaces directly along the site's frontage toward the minimum parking requirement, however the on-street parking spaces are considered public spaces and are not for the exclusive use of the adjacent use. e. Tree preservation. The minimum number of spaces required may be adjusted by the County Manager or designee when it has been determined that the reduction is necessary to preserve a healthy tree or trees (with a 12 inch or greater diameter at breast height) from being damaged or removed, and where the site plan provides for the retention of said tree or trees. f. Connectivity. Parking lots are encouraged to connect to adjacent lots through the use of a joint access easement. If a joint access easement is provided for connectivity, then the minimum parking requirement for the use may be reduced by 10 percent. • • I I Alley or Joint Access Easement I I I I I I I I I © Shared Parking I I I I I I v I I j N I ' �I 0M 11 f � � 4 Street 0 Front Yard 0 Side Yard 0 Rear Yard BMUD and GTMUD Area Figure 20 Parking Diagram (For illustrative purposes only) Page 88 of 122 Words struck through are deleted,words underlined are added 9B 3. On-Street Parking a. On-street parking may be allowed on local streets subject to an approved right-of-way permit to construct parking spaces in the public right-of-way. b. Parallel parking shall be a minimum of 9 feet wide by 23 feet long, but is not required to be striped. For every 5 on-street parking spaces provided, a landscape island that is 8 feet wide and 15 feet long and is surrounded by Type D concrete curbing shall be provided, in addition to the pedestrian clear zone landscape requirement. The corners adiacent to the travel lane shall be angled at least 45 degrees away from perpendicular with the curb in order to provide adequate ingress and egress from each parallel parking space. Each island shall be planted with hedges, groundcover and/or grasses less than 36 inches high and shall contain at least one small to medium ornamental tree that is a minimum of 8 feet tall at the time of planting. c. Angled parking may be 45 degrees or 60 degrees from the travel lane. Spaces must be a minimum of 9 feet wide and 18 feet long. For every 8 on-street parking spaces provided, a landscape island that is 12 feet wide and 15 feet long and is surrounded by Type D concrete curbing shall be provided, in addition to the pedestrian clear zone landscape requirement. The island shall be planted with hedges, groundcover, and/or grasses less than 36 inches high and shall contain at least one small to medium ornamental tree that is a minimum of 8 feet tall at the time of planting. 4. Off-Street Parking Location: Off-street parking is encouraged to be located to the side or rear of the building in order to establish a pedestrian friendly environment. Off-street parking in front of buildings abutting Bayshore Drive and Thomasson Drive in the BMUD and US 41, Davis Boulevard and Commercial Drive in the mini-triangle area of the GTMUD shall not exceed 50 percent of that building's parking requirements and shall be limited to a single- aisle double loaded parking lot. 5. Bicycle Parking: Bicycle parking shall be required as provided for in section 4.05.08, except as provided below. a. Number of Required Spaces: The number of bicycle parking spaces shall be as provided for in section 4.05.08 B. b. Location: Bicycle parking shall have access via sidewalks, pathways or driveways to the public right-of-way and be located as provided below: Parking Structures: Required bicycle parking within a structure shall be located in or near main entrances or elevators to provide for pedestrian safety, visibility, and security of property. Page 89 of 122 Words struck throug T are deleted,words underlined are added B ii. On Site: Bicycle parking (not located within a parking structure) shall be located on site within 50 feet of main building entrances. Bicycle parking shall not obstruct walkways. iii. Right-of-Way: Bicycle parking may be located in the public right- of-way subject to an approved right-of-way permit. iv. Shared Bicycle Parking: Where there is more than one building on a site, or parking is shared with an adjacent site, bicycle parking shall be distributed equally to serve all buildings and main entrances. G. Signage Signage shall be permitted as allowed by section 5.06.00, except as otherwise regulated by this section for specific uses. H. Murals Murals are allowed as public art within the Bayshore Gateway Triangle Redevelopment Area subject to the following conditions: 1. Murals are only allowed on commercial, civic or institutional buildings. 2. Building must be located within the proposed Cultural District boundary, Community Redevelopment Agency Resolution 08-60, and cannot be located along U.S. 41. 3. One mural is allowed per building. 4. Murals are permitted on sections of buildings where there are no windows or doors or where the mural will not interfere with the building's architectural details. 5. The mural cannot exceed 200 square feet unless specifically approved by the CRA Advisory Board. 6. The mural shall not contain text for the purpose of advertising any business or commercial activity. 7. The mural cannot be temporary in nature and the building owner must commit to maintaining the mural. 8. Review and approval from the CRA Advisory Board is required to ensure the mural complies with the conditions above and that the artwork complements the design of the building in color, shape, and location. * * * * * * * * * * * * * Page 90 of 122 Words struck-through are deleted,words underlined are added ' � B SUBSECTION 3.D. AMENDMENTS TO SECTION 4.02.17 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD - WATERFRONT SUBDISTRICT Section 4.02.17 Design Standards for Development in the BMUD - Waterfront Subdistrict, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby deleted as follows: limited marina uses. R ---Special conditions for Marinas. 3. All boat racks shall be enclosed with a wall or fence and the boats shall not 4. Height of structures may be increased to a maximum actual height of fifty (50) feet by the Board of Zoning Appeals (BZA) upon approval of a variance petition. 5. Outdoor displays of boats for sale on propertics fronting Bayshore Drivc shall be limited to the following: a. All ar as used for boat display activitics shall occupy no more than thirty five (35) percent of the linear frontage of the property. b. All boat sale areas shall not be closer to the frontage line than the primary building they servo c. All boats located within an outdoor sales area shall not exceed the height of seventeen (17) feet above existing grade. e. c. An additional landscape 10 foot buffer is required around the perimeter of the outdoor boat sales area. This buffer must include, at a minimum Page 91 of 122 Words struck gh are deleted,words underlined are added 9B 6. (Reserved) 7. One (1) parking space per five (5) dry boat storage spaces. 8. On site traffic circulation system shall be provided that will accommodate areas for the loading and unloading of equipment * * * * * * * * * * * * * SUBSECTION 3.E. AMENDMENTS TO SECTION 4.02.18 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD - RESIDENTIAL SUBDISTRICT (R1) Section 4.02.18 Design Standards for Development in the BMUD - Residential Subdistrict (R1), of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby deleted as follows: - - _ - compatible with existing neighborhoods and allow for building additions such as front porches. street. A. Dimensional and Dcsign Standards news �V 4�4W�ii ... 1rf_ fl�!1!119!I�i�t � 1Di:�iaiii� Li1:1:C7=i::f.`.6tr-".'.��-�::e.�i- ::: fi� i►�1 ZiliZ� � - raZil=f111 MP"- - - 50 feet !_ - PA �__ 80 4eet •_ -- ,_.:..�� 100 feet M , :::: 100 feet - •• - 1•••••• feet Single family 1300 square feet per unit Duplex 1000 square feet per unit unit Page 92 of 122 Words struck gh are deleted,words underlined are added 9B III _ __ e- Maximum height of principal structures 35 feet not to exceed 3 habitable floors Maximum height of accessory screen Not to exceed 35 feet, but in no case higher enclosures than the main building Maximum height of all other accescory 26 feet but in no case higher that the main structures build Parking-Standards Jfi Parking Standards Parking standards as required by sections /1.05.02 and /1.05.03 of this Code. B. Specific Design Requirements 1. Parking areas shall not be visible from Bayshore Drive. 2. Buildings and their elements shall adhere to the following: articulation and/or modulation at I ..t every sixty (60) feet. Façade at least five (5) feet measured perpendicular to the front facade for each covered entries. b. The primary entrance shall be oriented to the street, with the exception of including an entry door that faces the street. c. On corner lots, both street facades of a building shall have complementary details; in particular, building materials and color, placement. d. All mechanical equipment must be screened with a opaque fence or wall at a height which is 18 inches above the top of the equipment. c. Landscaping and buffer requirements for new residential development as required by section 1.06.00 of this Code. Page 93 of 122 Words struck gh are deleted,words underlined are added " 98 .., __.,:;.,_ el. 1111 1111 In 1M1 III1I:I I;,;I;(iI Mi 1111 l 1—:I1 1�;I��IIl Single Family Detached Tao Story Single Family Delached Two Family/Duplex/Two Story Two Fam*/Duplex 0 0 tit ' in113161111112111 ui i mallllu id111u ,nu111111u _ LW -- oils mill uloiormoomwun immu�i � Iliiiuuu nuoi ui ■■I �ii� ■■ iiii iiii iiii ' uii 'I uii iiii M IIM�I muol m HI ICI 1117: I ICI�It �.._. .dm . MI,_. Il ,000l■ � �Immimu rm}uiio nu m 11111 iiii ��.�� uii NI iiii i�i� :: nn ∎iii Townhouse:Single Family Attached Apetments:Multi-Family Typical Front Elevation, Residential Development (For illustrative purposes only) 3. Buildings shall adhere to the following elevation requirements: {3) feet over the minimum first floor elevation designated in the National Flood Insurance Program (NFIP) Flood Insurance Rate Map.•-- • ' .a -•- ■ -—- •- - - - — -- -— — • principal structure. •e_-- • -- -- - - - - -— ••• —e. o- —• - - , -- foundation area below the first floor must be treated with a solid facade or lattice which is consistent with the architectural style of the building. e. '1. Front porches shall adhere to the following. a. Front porches may encroach seven (7) feet into the front yard setback if Page 94 of 122 Words struck through are deleted,words underlined are added 9 B I 1 Mill 1 i 1 1 1 1 i e Ft.F,nt aMKrWOh1 FT / 1 Fi inb Front TmeO BMCwk 1 Minimum Front Vont M 1111 UII_il 101 IU !Maws* i1.11 moo 000 Parkway UUO 0Uo AIL'-. ., II U UUO 81Oef Porches 40%of Front Facade Front Porches (For illustrative purposes only) b. Front porches must cover a minimum of forty (40) percent of the horizontal length of the front yard facade of the primary residence. c. Front porch design and material shall be consistent with the architectural design and construction material of the primary residence. d. Front porches shall not be air conditioned nor enclosed with glass, plastic, or other materials. Screening the porch is allowed as long as the character of the structure. c. Front second story porches are encouraged, but no enclosed room is permitted above the front porch. 5. Garages and driveways. a. Garage doors shall have a maximum width of sixteen (16) feet. b. The driveway shall have a maximum width of eighteen (18) feet in the right ofway area. Other than the permitted driveway, the front yard may not be paved or otherwise used to accommodate parking. Page 95 of 122 Words ctruck through are deleted,words underlined are added B Garage j Garage Minimun 23 Feet from Beck of Sidewalk Front Porch Sidewalk GaFage-laFiveway {For illustrative purposes only) c. No freestanding carports are permitted. Carports and porte cochere must be attached to the principal structure and of similar materials and design the front yard setback line. d. The distance from the back of the sidewalk to the garage door must be at least 23 feet to allow room to park a vehicle on the driveway without pedestrian traffic. Page 96 of 122 Words struck are deleted,words underlined are added ' 9B :,,,,, .. 4: ,. . . YN ..::::',,.,:.. :z: :. , . , , :, - , „, :,:;,,....:f,.:::*,,_: :-, :,, , ...,:: -.-::1::: ., ,,,,, -;,,„,,,„:„) .,,,,,,: ,:::,,;a:',„:5: --' :,„:„.::::::: ::.„ .. . ::::::: ::.::,,,,:,,,....7,.'4,,..L ,-,,,,..°.,.,,...,.;le,,,o �,✓ 13.ri / Y. Jr. ' fly • Po to cochere (For illustrative purposes only 6. Accessory Unit • a. Ownership of an accessory unit shall not be transferred independently of the primary residence. -..-..-_,..,..e:...*: - ---- - - - --- - - - - -- -- -- - - - structure. c. The maximum area of an accessory unit is 570 square feet, limited to one (1) habitable floor. d. The accessory unit may be above a garage or may be connected to the primary residence by an enclosed breezeway or corridor not to exceed eight (8) feet in width. c. The maximum height of a structure containing a guesthouse over a garage is limited to a maximum of twenty (20) feet, measured from the level of the •first finished floor to the eave, and with a maximum actual my six ( eet to the top of the roof. f. A structure containing only a guest unit must meet the NFIP first habitable e. Page 97 of 122 Words stru^'mss="=are deleted,words underlined are added ' 9B • Building-I-Structure Frant Rear Side Libra-1=y SPS* 10 feet SPS* Studio SRS* 10 feet SPS* Workshop SPS* 15 feet SPS* _ •• •• _ ___ _ _ --• SPS* 10 feet SPS* enclosure Playroom SPS* 10 feet SRS* Garage SPS* 10 feet SRS* SRS* 15 feet SPS* Guesthouse SPS* 15 feet SPS* 7. Fencing forward of the primary facade of the structure is permitted subject to a. The fence shall not exceed 12 inches feet in height. b. The fence shall have an opacity range of 18%to 50%. c. Chain link fence is prohibited. 1:'41461111111 I LI -- 537:' uu� E i f 1ii 1`1 4 iy l��`i i s i'r�ci,i�a E(jIi;iiR,i�I YY �� 40 I ',''''4;141:0;10,1!.474 66 141qopr ill 111111111�I= Permitted Typical Fencing {For illustrative purposes only) * * * * * * * * * * * * * SUBSECTION 3.F. AMENDMENTS TO SECTION 4.02.19 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD--RESIDENTIAL SUBDISTRICT (R2) Section 4.02.19 Design Standards for Development in the BMUD--Residential Subdistrict (R2), of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby deleted as follows: Page 98 of 122 Words struck through are deleted,words underlined are added 9B A. Design Standards for the subdistrict are the same as those set forth for Residential Subdistrict 1, unless specified below. { Setbacks Mm.,, rear yamad One (Single) Family 25 feet 7.5 feet 15 feet Detached-Dwelling Units Duplex-Dwelling Units 25 feet 6-feet unless 15 feet unit, then 7.5 feet 25 feet 6-feet-unless 15 feet unit abutting single family unit, then 7.5 feet Townhouses 25 feet 6-feet-unless 15 feet abutting single family unit, then 7.5 feet Multi-Fa y 25 feet 6 feet unless 15 feet (three-or-mefe) abutting-single-family unit, then 7.5 feet * * * * * * * * * * * * * SUBSECTION 3.G. AMENDMENTS TO SECTION 4.02.20 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD--RESIDENTIAL SUBDISTRICT (R3) Section 4.02.20 Design Standards for Development in the BMUD--Residential Subdistrict (R3), of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby deleted as follows: Residential Subdistrict 1, unless set forth below. B. Minimum Lot Width X10 feet Townhouses (minimum of 3 units) 100-feet Page 99 of 122 Words struck through are deleted,words underlined are added ' 9B Two-farnily4Jwelling-unit 80-feet e--- - - _ _ e'.-_ 40 feet allows} C. Building Standards Minimum Floor Area Single family 1100 square feet per unit Duplex 1000 square feet per unit Townhouses 1000 square feet per unit Multi family 750 square feet per unit D. Yard Requirements. Front and Min4ide—Yard AAir•. Rear Yard 10 feet* 5 feet 8-feet Family Detached Units Townhouses 10 feet* 0-feet-when-abutting g feet not then 5 feet. Two-family 10 feet* 8- dwelling-nit , if not then 5 feet. Mobile-domes - - - - _ *• _- -_ -. -_ - •- - *•.-* - - • -'' -'- {where 4.02.01 Table 2.1 underlying *- - ' -- - - - ---. _ .- __ - _ _ .- - - -- - - . * * * * * * * * * * * * * SUBSECTION 3.H. AMENDMENTS TO SECTION 4.02.21 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD--RESIDENTIAL SUBDISTRICT (R4) Section 4.02.21 Design Standards for Development in the BMUD--Residential Subdistrict (R4), of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby deleted as follows: Page 100 of 122 Words struck 4:m6k-through are deleted,words underlined are added ' 9B * * * * * * * * * * * * * SUBSECTION 3.1. AMENDMENTS TO SECTION 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD-MIXED USE SUBDISTRICT (MXD) Section 4.02.35 Design Standards for Development in the GTMUD-Mixed Use Subdistrict (MXD), of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby deleted as follows: A. Dimensional Standards - ■■• - - - ■ • _ ...- ■ . Front streetseane Zene for new construction _ _. . - , - - - _ • ••- _'_ '. - -- _ Districts which underlay the GTMUD Mixed Use Subdistrict. 3. Properties developed in conformance with the underlying C /1 and C 5 zoning classifications are restricted to building setbacks per section '1.02.01 A. Table 2.1. zone but no more than 3 feet. Sixteen feet measured from back of curb. If no curb exists as minimum of 6.5 feet from the front property line into the y buildings in the C 1 through C 3 zoning districts which /1 and C 5 zoning classifications are restricted to building setbacks per section '1.02.01 A. Table 2.1. awe. - - •- - -- --- - -e_ -- e ••• -e Page 101 of 122 Words struck through are deleted,words underlined are added 10 feet B cctbacks per section 1.02.01 A. Table 2.1. 3. A minimum 10 feet step back from the front façade is required at the third floor and above. 10 feet residential Rear-yard 5 feet Waterfrene 25 feet setback Minimum floor area 700 square foot gross floor area for each unit, residential and commercial. 10 Feet 80,000 Square feet 400-feet footprint t • -- . ..- - - - - - 20,000 square feet, except in the "Mini Boulevard and Commercial Drive, where tho maximum limit is 30,000 square feet Maxi-height -- , - - - .--- - - - - of buildings 42 feet, not to exceed 3 stories Mfixed use: Residential on top of commercial uses. Hetel/Metel ini Triangle" Mixed I se -- - .--e o 4 and C 5 zoning classifications shall be as Only first two floors can be used for Ceiling geiling-height The first floor ceiling shall be no less than 12 the finished floor to the finished ceiling and Page 102 of 122 Words struck gh are deleted, words underlined are added 96 shall be limited to commercial uses only Maximum-density 1. Fora mixed use project, 12 units per acre Davis Boulevard and Commercial Drive. These bonus density units are not deducted 2. For a mixed use project, 12 units per acre „ Subdistrict except: • North side of Davis Boulevard • East side of Airport Pulling Road For these excepted areas, three units per acre, or as may be allowed by a rezoning pursuant to the Future Land Use Element. 3. Residential only projects (not part of a zoning district, or as may be allowed by a rezoning pursuant to the Future Land Use Element. B. Regulations For Outdoor Display And Sale Of Merchandise. 2. Newspaper vending machines will be limited to two machines per project site _ •• • . . �. The outdoor display/sale of merchand+ce is limited to the sale of comparable merchandise sold on the premises. . _ - P . • Page 103 of 122 Words struck through are deleted,words underlined are added , 9B FrontSetbackZ Front Setback Zone Mind Use Subdistrict Mired Use Subthstdct and me through G3 and n g5 Commack!Zoning Zordag n Districts 1 Districts I Is. 17 - v im' i / ra ---- 11111111111111111111111111111 =ay.,M K I I t uY7 y .AA. 4 L____ f } t3 3 it 4. beer,- € r *7 % 7w Le M x rmudmrare r teeA6.lbr%NY Davis Boulevard,US 41 Commercial Drive and Airport-Pulling Road Triangle CRA Advisory Board) 25 Ft to 35 Ft Materiel.Concrete Pavers ' Spacing Vanes to Meet Emoting 1 Sere:3-7/8,7.7/8 r 3-1/8 Inches Royal Palms 18-20 Ft Conddlons,such as Driveways Pattern.Herringbone Height Color.To Be Determined Trovml F//////--Concrete Broom III II i,I I IIIIIIIi „„, — IIIIIIII _ I=Rom w.dumwswi csig iw- i iii /La al illey fa%/1�►�' *in1 Street DO Needed in ! 1 \ SDpni GFt Renting Renting Spacg EN -y 1 V Page 104 of 122 Words struck through are deleted,words underlined are added ' 9B _ - _ : .• e•• ••• - e•- - •e • . • e. - Mixed Use Subdlstrkt/Residential above Commercial or Residential Only Fronting on US 41: Sb.lea Maximum Actual Haight:38 Feet Mini Triangle Mired Use 8 Stories Maximum Actual Height:128 Feet hepMRFW w»wr � .. ..,m Commercial Zoning Districts wRa.✓/mOro VreRwaa pa»r 1' Heights according to current WC fi_-_ I f/FKaPoYxe. quN,9Wfy19gRr Frog trio* iAlf aiorya It Nolgnt n Cayman e U g j tt Rauts../KbH9• r.. I ,IM I ;Fg4eRK RgwI Of INMs •N IRW Yak4hr GTMUD Mixed Use Subdistrict and C-1 through C-5 Districts: Building Height,Step-Back,,Projections and Recesses Page 105 of 122 Words struck through are deleted,words underlined are added B� _ Wood Only Fronting ort US 41 4 Mode. WV Mangle Wood We Smakis =..^���126Pow — R�%��%����"= ~~ | �too _/ ~~~~~ GrAdUn Mixed Use Subdistrict end C-'through C-5 Districts Building Height,Step-Back,Projections and Recesses C. Parking Standards. Property developed in conformance with underlying zoning classifications shall meet the parking space requirements per section '1.05.03 and 1. Mixed Use P jects ^' • v'-- °- .naa � '' - -- � zw ' -' ee'^ e ~- *-^- public for commercial use. b. Minimum one and one half (1.5) parking spaces for each residential unit. d. Parking Location Off street parking in front of buildings abutting Us '11, Davis Boulevard or Airport Pulling Road shall not exceed 50% of that • . • �' e••:' v' ^v -� ' a) The design shall be a single aisle double loaded parking tat, (For illustrative purposes only) Page 106 of 122 VVoodootr*ok-thf**#gh are deleted,words underlined are added ' 9B GTMUD•Mixed Use Subdistrict: Location of Off Street Parking ca Rarer Sibs 'I{I IIII �IliiilL , lll(l i i ( 1111 7177J7ITI,1lil' i , I ' ILi l��"� � i :, ,11IvThI f -,I q y i ''I !pi, aI o 1— I '.I I 1- I Ij � t— I I— 4 it S iii \ '^ P{ I,I F�� Palk SW Paler street c. Shared parking requirements shall be consistent with those provided in subsection 4.05.02 of the LDC. 2. C 1 through C 5 Zoned Properties - - e - •- 4 4 • 1,• - - - Subdistrict. Parking lots shall be designed for interconnection, with propeity. 2. All dumpsters must be located in the rear yard and screened from US 41, Dai,c Boulevard, Commercial Drive, or Airport Pulling Road. E. Landscaping and Buffer Requirements. -- e•-: - - e- • - -- -• - -- -- -- - - -• . ._ e! - -- Code unless specified otherwise below: •_- - - --- - - • • -- e - - -e - -- - - - no more than 25 feet on center; and a single row of shrubs at least 24 inches in commercial side of the wall. Page 107 of 122 Words struck through are deleted,words underlined are added 9P 3. A shared 10 foot wide landscape buffer with each adjacent property contributing•. u- - .• ,, • ,I . - . - - -- and hardccaped courtyards, mini plazas, outdoor eating areas and building foundation planting areas. to have a minimum 10 foot perimeter landscaped buffer. This area shall include a row of trees spaced no more than 30 feet on center. The foundation planting shall be a minimum of 50% of the buildings ground floor must be landscaped with trees and/or palm in the amount of one tree or palm shall be planted in areas that are a minimum of 8 feet wide. Palm trees, when used to meet these building foundation requirements, shall be counted as one palm is the equivalent of one tree. Trees shall be provided at the rate of 1 tree per 250 square feet, with the balance of the area landscaped with shrubs, ground covers and ornamental grasses. this zone will be based on Streetscape Design Guidelines to be prepared by Bayshore / Gateway Triangle CRA Advisory Board.•z. , P. - e, _e-- --- - - A -- • or recess a minimum of every 10 to 12 feet. The streetwall can be a combination of wall and metal fence materials, (no chain link fencing is allowed) which: a. Complement the building materials. The street side of the streetwall shall have shrubs least 24 inches in height and spaced 3 feet on center at the time of planting, with ground covers other than grass in a minimum 5 foot wide strip. b. No two streetwalls shall adjoin on a common property line. c. The streetwall shall be set back the appropriate distance from the Front Set Back Line in order to meet County Standards for Site Distance Triangle (Section 4.06.01, D.1.)for egress from parking lots. 9. The Landscaping and buffer requirements of this section shall apply to all new buildings in the GTMUD Mixed Use Subdistrict and underlying C 1 through C 5 Zoning regardless of height. Page 108 of 122 Words struck through are deleted,words underlined are added ' 98 Stree ice• !" 1111111f_ Ili (1 TT I iiii Ii i ill iii i-11111 1ml uuiud— —iiiiiiiJlnumi —. ""' """"'0e"° Side Parking Lot with Streetwall � Hull I q— I� J - — ............ X le ; 1 ���' ll IIII � —• • ' - - - - - - -- - ' - - - - -"- '_-•_ .- "a - - .e.." -" _ I I - -- Cracker" design theme is encouraged for new development, constrastier-or existing • - - (For illustrative purposes only) 4.- °., ;,q,1 ' 7$t 1 i t 4 yam,. • t*�, r ^a If✓ i t X 71, I T fir g ��y .'- r yV -. h T � ��¢ iL 47'' I rr !,,�,t �µ I�1 ' gip{ S t - #8 u 3 X' a 1-1: r F z�7 t [ate .,`,"*#` k • required• Page 109 of 122 Words struck stfuek-threugh are deleted,words underlined are added 9B treatments. b. All buildings adjacent to US 41, Davis Boulevard, Commercial Drive, pedestrian entrance frontingUS 41, Davis Boulevard, Commercial Drive, Airport Pulling Road or future north south streets. c. Thirty five (35) percent of the buildings facade that faces US 11, Davis with a maximum tint of 25%. d. Clear glass windows (with a maximum tint of 25%) between the height of primary facade of the first floor of any building. Front Build to Line by a maximum of five (5)feet. f. Florescent colors shall-not be used. g. Maximum uninterrupted building length requirements: Where a building or a series of buildings form a continuous wall that exceeds 200 feet in passageway shall be not less than 15 feet in width and not less than 10 h. Hip or gable building roofs shall be metal material (5v Crimp, Standing Seam or similar design} glass trim. j. Facade wall building materials shall be of wood, natural stone, stucco finish or cement board products {For illustrative purposes only) Page 110 of 122 Words struck through are deleted,words underlined are added 9B .„, GTildU Dg+'y �r � , . I i R'� fir. r� p0 F..4<lMein x ed h Use Subdlsbict � M* 1+ P X q ... MMimwi He,4M,O iwf Roofida Open G I Middle 1/90/Lenplh shall be as G. Signage required by division 5.06.00 unless specified below: e-- - - --- - - - - - " -- - - - - _- --- -- - - - * SUBSECTION 3.J. AMENDMENTS TO SECTION 4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD- RESIDENTIAL SUBDISTRICT (R) Section 4.02.36 Design Standards for Development in the GTMUD- Residential Subdistrict( R)of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby deleted • as follows: - • - - - - - • . . - - A. Dimensional and Design Standards De oily Per Under Lying Zoning RMF RMF 6 6 units per acre Per new zoning district consistent with the Future allowed by a rezoning I_and Use Element Use Element Single 50 feet Two-family 80 feet 58 feet Duplex Townhouses AAA feet 25 feet Multi-family Page 111 of 122 Words struck through are deleted,words underlined are added 9B (feet) One(single)family 10 feet 7.5 feet 15 feet units Two-family 10 feet 5 feet 45 Duplex 10 feet 5 feet 15 feet Townhouse 10 feet 5 feet 15 feet Multi family(three or 10 feet 7.5 feet 15 feet Building-Standards Single family 1,300 square feet per unit Two family 1,000 square feet per unit Duplex 1,000 square feet per unit Townhouses 1,000 square feet per unit _ '••_•• •-': . ' _'._ - .' :'• 35 feet not to exceed 3 habitable floors Maximum actual height of accessory screen _-••- - • '• '• ' :'• •: : _ - _ enclosures fires B. Parking Standards 1. Parking shall be as required by section 4.05.00 of the Code. C. Architectural Standards 1. Buildings and their elements shall adhere to the following: at I ast five (5) feet measured perpendicular to the front facade for each severed entries+ b. The primary entrance shall be oriented to the street with the exception of mobile homes. Orientation is achieved by the provision of a front facade including an entry door that faces the street. -- - -- • - - . . . e - - - -- - •- Page 112 of 122 Words struck g:are deleted, words underlined are added with a three (3) foot high 9 "' d. All mechanical equipment must be screened e ( ) g hedge or an opaque fence or wall at any height equal to the mechanical equipment. 2. (Reserved) e•-- - - '- - _ _ --• (For illustrative purposes only) 1111 — i 1111 I1i11 1111 i iu IlAllb■- -1111 .I .mIN .... •1111 I- :- . ::: 11 1 I I I I'1 11 1 I 1 1111 Z.1,7.1,„„,„,,,,1 11- 1111 1111 Num= IIIIIIIIII a ::: = IIIIIUIII U, :.� °= IIIIUII1lIl U 'ullllllllll IIIIIIII�J Single Family Detached Two Story Single Family Detached Two Family/Duplex/Two Story Two Family/Duplex • .A111llllll1111 1 1 in 41111111111,. 111111111111 III III II H IIIUIIIUIIIII ,,e1111llllluln .� 111111lllllll .4111111111 o ' iiii nil kj iiii iiii -- Ilulluulllll -- Imo' -- uIIIIDIUIIII IIIIIIIIIIIIII um I• vigil Ilulluulllll uI iiii ■■ iiii ■• iiii iiii tin No 1111 iiii 111111 1II1IIIl1 Ili111 .nth ma lllllllum uum IIIIUIIIIig till 1111 IIIIIIIIIIIIIII I•I iiii III iiii III iiii 1111 1111 I i,� 1111 iiii Townhouse:Single Family Attached Apartments:Multi-Family a. A maximum of two feet of fill shall be allowed on site towards meeting b. Open stilt type construction is not permitted. On front yards, the facade a Front porches may encroach seven (7) feet into the front yard setback if Page 113 of 122 Words struck through are deleted,words underlined are added b. Front porches must cover a minimum of forty (40) percent of the 9 character of the structure. c. Steps shall encroach no more than three feet into the front yard setback- Front Porches {For illustrative purposes only) 1 a : 1 A (\ nu � 9 ' 1 Porchp can ancrw<u 7 FT `O WO MO T aT Into Front Yaro batbacic 1 Minimum Front Yard ��I I U (D I 11 I[ 11 ( iiiiinn( i 87EewaiY --------- 111111111111 n7 l 1] II I ( Ini 1 Partway kr I ' Porches 40%of Watt Front Facade 5. Garages and Driveways. a. Other than the permitted driveway, the front yard may not be paved or b. No freestanding carports arc permitted. Carports and ports cocherc {Figure GTMUD 11) must be attached to the principal structure and of c. The distance from the back of the sidewalk to the garage door (GTMUD Figure 10) must be at least 23 feet to allow room to park a vehicle on the loaded there must be at least a 23 foot paved area on a perpendicular plane to the garage door or plans must ensure that parked vehicles will not interfere with pedestrian traffic. Garages {For illustrative purposes only) Page 114 of 122 Words struck gh are deleted,words underlined are added ' 4B Garagg /di Garage,Mlb,imUn 23 Foot horn Sack of /Front Porch\ ._.... - • Sidewalk Porte cochere (For illustrative purposes only) fi \ // . % 1 a a, a �- Ii Page 115 of 122 Words truc o are deleted,words underlined are added 9B a. Other than the permittcd driveway, the front yard may not be paved or b. No freestanding carports are permitted. Carports and portc cochcrc (Figure c. The accessory unit may be above a garage or may be connected to the primary residence by an enclosed breezeway or corridor not to exceed eight (8) feet in width. d. The maximum height of a structure containing an accessory unit over a Front Rear Side Library SPS* 10 feet SPS* Studio SRS* 10 feet SPS* Workshop SPS* 15 feet SPS* _ ••.. _ ___ _ _ _ --- SPS 10 feet SPS* enclosure P-layroom SPS* 10 feet SPS* Garage SPS* 10 feet SPS* SPS* 15 feet SPS* Guesthouse SRS* 15 feet SPS* a. The fence shall not exceed 42 inches feet in height. b. The fence shall have an opacity range of 18% to 50% c. Chain link fence is prohibited. d. The fence material shall be wood, vinyl, composite, stucco block or metal. Page 116 of 122 Words struck through are deleted,words underlined are added 9B Permitted Typical Fencing; (For illustrative purposes only} ,,,,,,471,4'A'4'1.;,,,,,,,,r-,,--j,,J,4,-,,, _, '''''',. • --,-. %,,N,,,„, ed. „.„4,7. -0,-,---------- --- ..,..,. 4tsli,-:-.,,,,, , -,.,..,::::-, 7ei,,y-_-:,-4,i‘... .! ,72,1,:,,,,,,, v,-0,,, ,=;;:,....;(1 ,_::----, -.00— e awl. a�*'3. itiiiiiiiiillt:-� * .11—: q r A,. �(4 Ry 4 11"Ill 1/ il lill" k a -I li i,I 3 I, ,Y ' i U ,' '',.:.,{Wail i".- ; s ., ����� $■ * ut i .i1 1' . . sw� Re. il �z ; ' A- es - ----. * * * * * * * * * * * * PROJECT SUBSECTION 3.K. ADDITION PROCEDURES OF SECTION WITHIN 10.02.THE 15 MIXED USE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AREA Section 10.02.15 Mixed Use Project Procedures within the Bayshore Gateway Triangle Redevelopment Area of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby added as follows: 10.02.15 Mixed Use Project Procedures within the Bayshore Gateway Triangle Redevelopment Area A. Mixed Use Project Approval Types. Owners of property located in the Bayshore Gateway Triangle Redevelopment Area designated as Neighborhood Commercial (BMUD-NC), Waterf ront (BMUD-W), and Mixed Use (GTMUD-MXD) Subdistricts may submit an application for a Mixed Use Project (MUP). The MUP shall allow fora mixture of residential and commercial uses, as permitted under the Table of Uses for the appropriate subdistrict. Applications for a MUP may be approved administratively or through a public hearing process as described in this section. A pre-application meeting is required for all MUP applications. Page 117 of 122 Words struck through are deleted,words underlined are added 1. Administrative Approval: 9B a. MUPs may be approved administratively provided they meet the following conditions: The MUP complies with all site development standards as outlined in section 4.02.16 of the LDC; ii. The MUP only includes permitted uses as outlined by the Table of Uses for the subdistrict in which it is located; and iii. The MUP does not seek additional density through the Bonus Density Pool provisions of section 10.02.15 C. b. Submittal Requirements: The application shall follow the applicable submittal requirements and procedures for site development plan submittal and review. 2. MUPs Requiring Public Hearing: a. MUPs that do not meet the thresholds for administrative approval may be approved by the Board of Zoning Appeals (BZA) through a public hearing process. b. Submittal Requirements: The application shall follow the applicable submittal requirements and procedures set forth in section 10.08.00, for conditional use submittal and review. The application shall be accompanied by a conceptual site plan depicting the proposed mixed-use development and noting all requested deviations. In addition to the conditional use findings as set forth in section 10.08.00 D., the following shall be considered: Whether or not the requested use or uses are consistent with and further the redevelopment goals and/or objectives of the Collier County Community Redevelopment Agency (CRA) for the subdistrict(s) in which it is located. In addition to the typical staff analysis for land use petitions, the Collier County Planning Commission (CCPC) may also be guided by written or verbal input from CRA staff. ii. Whether or not the proposed use or uses are appropriate in terms of scale and/or size when considered in the context of the overall MUP and subdistrict. iii. Whether a requested deviation is (1) justified in that the subject LDC provision is not practical, feasible, desirable, or warranted or not practical, feasible, desirable, or (2) warranted to the same degree as prescribed by the subject LDC provision, in the context of the proposed mixed use project. The applicant shall provide an analysis so the CCPC may consider the existing conditions related to the need for the requested deviation or conversely, strict Page 118 of 122 Words struck eugh are deleted,words underlined are added adherence to the subject LDC provision, in terms feasibility and/or 9R need. iv. Whether or not the deviation will or may have a negative impact on public health, safety, and welfare. c. There shall be a public hearing before the BZA, legally noticed and advertised pursuant to section 10.03.05.G. d. After a Mixed Use Project has been approved by the BZA, the applicant shall submit a site development plan (SDP) consistent with the conceptual site plan approved by the BZA and meeting the requirements of section 10.02.03 B.1. of the LDC. The SDP may be submitted concurrent with the MUP application at the applicant's risk. e. MUP approval shall expire and any residential density bonus units shall be null and void and returned to the bonus density pool if any of the following occur: The SDP is not submitted and deemed sufficient for review within one year and approved within two years of MUP approval. ii. The SDP under review is deemed withdrawn and cancelled, pursuant to section 10.02.03.B.4.a. iii. The SDP is considered no longer valid, pursuant to section 10.02.03.B.4.b. and c. f. An approved MUP may be amended subject to the same procedures provided in this section. B. MUP Deviations. 1. Authority. The County Manager or designee may grant administrative deviations for proposed developments requesting, or which have obtained, MUP approval through a public hearing process. Deviations to the following land development standards may be granted, providing such deviation requests demonstrate compliance with the applicable criteria. 2. List of Development Standards Eligible for Administrative Deviation Requests. MUPs shall be eligible to seek an administrative deviation from the following LDC provisions: a. Front Setback. These deviation requests shall be subject to the process and procedures of sections 5.05.08 F.1. - 3. Deviations and Alternate Compliance, except that in order to be eligible for an administrative deviation the site shall meet at least one of the following conditions or circumstances: Page 119 of 122 Words struck g i are deleted,words underlined are added B a) If constructed where otherwise required, the buildings) or structure(s) would conflict with regulatory standards for existing public utilities or encroach into an associated public utility easement, which cannot reasonably be relocated or vacated based on physical or legal restrictions, as applicable. b) The property has a unique or challenging parcel shape or boundary, such as a narrow lot frontage on the public street. ii. In order to administratively approve a front setback deviation, the proposed design shall create a connective and walkable environment by demonstrating a comparable relationship between proposed alternative building(s) location(s) and their associated pedestrian and vehicular pathways, and associated parking facilities and transit alternatives. b. Architectural and Site Design Standards. These deviation requests shall be subject to the process and procedures of sections 5.05.08 F.1. — 3. and 5. Deviations and Alternate Compliance. c. Landscape and Buffer Requirements. The alternative plans requesting approval for deviation from landscaping and buffer requirements shall be subject to the process and procedures of sections 5.05.08 F.1. — 3. Deviations and Alternate Compliance, and must additionally provide a minimum of 110 percent of the open space requirement for mixed use projects in addition to other conditions that the County Manager or designee deems necessary. d. Parking Standards. These deviation requests shall be subject to the process and procedures of section 4.05.04. F.2. 3. In order to provide for maximum flexibility, an applicant may request a deviation in addition to the administrative deviations specifically identified in section 10.02.15 B.2 as part of a MUP Public Hearing process. Requests to deviate from LDC provisions where compliance is not practical, feasible, desirable, or warranted in a mixed use project shall include a written justification for any such deviation. The review of these deviations shall be guided by the following considerations: a. Whether a requested deviation is (1) justified in that the subject LDC provision is either not practical, feasible, desirable, or warranted or not practical, feasible, desirable, or (2) warranted to the same degree as prescribed by the subject LDC provision, in the context of the proposed mixed use project. The application shall provide an analysis of existing conditions and the impact of either the requested deviation or strict adherence to the subject LDC provision, in terms feasibility and/or need. b. Whether or not the deviation will or may have a negative impact on public health, safety, and welfare. Page 120 of 122 Words struck through are deleted,words underlined are added ' 9B 4. Effect of Denial. Staff denial of any such requested deviation may be appealed under the provisions of section 250-58 of the Collier County Code of Laws and Ordinances. C. Bonus Density Pool Allocation Under the Collier County Future Land Use Element, bonus density units are available for reallocation within the Bayshore/Gateway Triangle Redevelopment Overlay. The County Manager or designee will track the Bonus Density Pool balance as the units are used. These bonus density units may be allocated between the BMUD and GTMUD overlays, and shall only be allocated through a public hearing approval process. To qualify for up to 12 dwelling units per acre, projects shall comply with the following criteria. This density of up to 12 dwelling units per acre is only applicable until the bonus density pool has been depleted. 1. The project shall be within the Neighborhood Commercial (BMUD-NC), Waterfront (BMUC-W), or Commercial Mixed Use (GTMUD-MXD) Subdistricts, and shall be a mixed use project. 2. Base density shall be as per the underlying zoning district. The maximum density of 12 units per acre shall be calculated based upon total project acreage. The bonus density allocation is calculated by deducting the base density of the underlying zoning classification from the 12 unit maximum being sought. The difference in units per acre determines the bonus density allocation requested for the project. 3. For proposed projects, only the Affordable Housing Density Bonus, as provided in the Density Rating System, is allowed in addition to the eligible bonus density units provided herein as the entire BMUD is within the Coastal High Hazard Area (CHHA). 4. The project shall comply with the standards for mixed use development set forth in section 4.02.16 C.B. 5. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies. * * * * * * * * * * * * 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 Section not affect the validity of the remaining portion. Page 121 of 122 Words struck through are deleted,words underlined are added 9B SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State, Tallahassee, Florida. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 25th day of September, 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA By .. eft 81. . -Cra tlialu by Clerk FRED W. COYLE, Chairman SigIlititrily CO* Approved astrYfq,* and t legal sufciency.5 �' ,�rf ( 1 Heidi shton-Cicko, Esquire Managing Assistant County Attorney 04-CMD-01077/1039 (9-26-12) Page 122 of 122 Words struck h are deleted,words underlined are added 9B 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 2012-39 which was adopted by the Board of County Commissioners on the 25th day of September, 2012 , during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of October, 2012 . DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners 32‘""Al ,y y: Teresa Cannon ' ' ;.v Deputy Clerk" y,,' .