Ordinance 2005-17
ORDINANCE NO. 05- 17
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE
NUMBER O-t-..H, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPI\IENT CODE, \VHICH INCLUDES THE
COMPREHENSIVE LAND DEVELOPMENT 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 6 INFRASTRUCTURE IMPROVEMENTS AND
ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING
SEe. 6.06.02 SIDEWALK, AND BIKE LANE REQUIREMENTS;
CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING
PROCEDURES, INCLUDING SEe. 10.02.03.B.1. FINAL SITE
DEVELOPMENT PLAN PROCEDURE AND REQUIREMENTS;
SECTION FOUR, CONFLICT AND SEVERABILITY; SEC'E~N g
FIVE, INCLUSION IN THE COLLIER COUNTY L~~D ~
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DA T~~ s:õ
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Recitals (/) '-'>
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WH EREAS, on October 30, 1991, the Collier County Board o~~l1n~
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Commissioners adopted Ordinance No. 91-102, the Collier COl1n~&ar(~
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Development Code (hereinafter LDC), which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board)
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on June 22, 2004, adopted Ordinance Number 04-41, which repealed and
superceded Ordinance Number 91-102, as amended, the Collier County Land
Development Code, which had an effective date of October 18, 2004; and
WHEREAS, the LDC may not be amended more than two times in each
calendar year unless additional amendment cycles are approved by the Col1ier
County Board of County Commissioners pursuant to Section 10.02.09 A. of the
LDC; and
WHEREAS, on December 14, 2004, the Board, as agenda item 16.A.ll,
approved a Special LDC Amendment Cycle the purpose of which is an additional
land development code amendment cycle to address urgent matters regarding
sidewalk and bike lane issues pursuant to Chapters 6 & 10 of the Conier County
Land Development Code; and
WHEREAS, on March i8, 1997, the Board of County Commissioners
adopted Resolution 97-177 establishing local requirements and procedures for
amending the LDC; and
Page 1 of8
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 pl1blic hearings on March 8, 2005, and March 22,
2005, and did take action conceming these amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby detemlÌned
by this Board to be consistent with and to implement the Col1ier County Growth
Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1),
Florida Statl1tes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to
the local govemment comprehensive planning and land development regulation
act (F.S. § 163.3161 el seq.), and F.S. § 125.01 (l )(t) and (l )(w); and
WH EREAS, this ordinance is adopted pursuant to the constitutional and
home rule powers of Fla. Const. art. Vl11, § 1 (g); and
WHEREAS, all applicable substantive and procedl1ral requirements of the
law have otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Col1ier County, Florida, that:
SECTION ONE:
RECIT ALS
The foregoing Recitals are true and correct and incorporated by reference
herein as if fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of County Commissioners of Col1ier County, Florida, hereby
makes the fol1owing findings of fact:
1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the
Florida Local Govcmment Comprehensive Planning and Land Development
Regulations Act (hereinafter the "Act"), is required to prepare and adopt a
Comprehensive Plan.
2. After adoption of the Comprehensive Plan, the Act and in
particular Sec. 163.3202(1). Fla. Stat., mandates that Collier County adopt land .
development regulations that are consistent with and implement the adopted
comprehensive plan.
3. Sec. ló3.3201, Fla. Stat., provides that it is the intent of the Act
that the adoption and enforcement by Collier County of land development
regulations for the total unincorporated area shall be based on; be related to, and
be a means of implementation for, the adopted Comprehensive Plan as required
by the Act.
4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development
regulations enacted or amended by Collier County be consistent with the adopted
Comprehensive Plan, or element or portion thereof, and any land development
regulations existing at the time of adoption which are not consistent with the
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adopted Comprehensive Plan, or element or portion thereof, shal1 be amended so
as to be consistent.
5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed
to enCOl1rage the use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County
Growth Management Plan (hercinatìer the "Growth Management Plan" or
"GMP") as its Comprehensive Plan pursuant to the requirements of Sec.
1634.3161 cl scq. Fla. Stat., and Rule 9.1-5, F.A.C.
7. Sec. 163.3194(l)(a), Fla. Stat., mandates that after a
Comprehensive Plan, or clcment or portion thereof, has been adopted in
conforn1ity with the Act, all dcvelopment undertaken by, and all actions taken in
rcgard to development orders by, governmental agencies in regard to land covered
by such Comprehcnsive Plan or clcment or portion thereof shall be consistent
with such Comprehensive Plan or element or p0l1ion thereof.
8. Pl1rsuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or
land development regulation shall be consistent with the Comprehensive Plan if
the land uses, dcnsitics or intensities, in the Comprehensive Plan and if it meets
all other criteria enumerated by the local government.
9. Section 163.3194(3)(b). Fla. Stat., requires that a development
approved or undcrtaken by a local government shall be consistcnt with the
Comprehensive Plan if the land l1ses, densities or intensities, capacity or size,
timing, and other aspects of development are compatible with, and further the
objectives, policies, land uses, densities or intensities in the Comprehensive Plan
and if it meets all other criteria enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County
Land Development Code, which became effective on November 13, 1991 and
may be amended twice annually. The Land Development Code adopted in
Ordinance 91-102 was recodified and superceded by Ordinance 04-41.
11. Collier County finds that the Land Development Code is intended
and necessary to preserve and enhance the present advantages that exist in Collier
County; encourage the most appropriate use of land, water and resources,
consistent with the public interest; overcome present handicaps; and deal
effectively with future problems that may result from the use and development of
land within the total unincorporated are of Collier County and it is intended that
this Land Development Code preserve, promote, protect, and improve the public
health, safety, comfort, good order, appearance, convenience, and general welfare
of Collier County; prevent the overcrowding of land and avoid the undue
concentration of population; facilitate the adequate and efficient provision of
transportation, water, sewerage schools, parks, recreational facilities, housing, and
other requirements and services, conserve, develop, utilize, and protect natural
resources within the jurisdiction of Collier County; and protect human,·
environmental, social, and economic resources; and maintain through orderly
growth and development, the character and stability of present and future land
uses and development in Collier County.
12. It is the intent of the Board of County Commissioners of Collier
County to implement the Land Development Code in accordance with the
provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and
Chapter 163, Fla. Stat., and through these amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND
DEVEI,OPMENT CODE
The LDC is hereby amended as follows by underlining newly added text and provisions, and
by deleting existing text and provisions by strike throughs:
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6.06.02 Sidewalks and Bike Lane Requirements
A. Unless othcrwise cxcmpted by the regulations of this LDC, all developments +He
èe-\cloper must construct sidewalks and bike lanes~ where applicable, prior to
completion of construction authorized by a linal subdivision plat. site improvement,
or sitc development plan, or any substantial amendment thereto, and as described
below~, unless otherwise cKcmpted from the subdivision regulations of this LDC.
L Sidewalks and bike lanes, where requiredapplicable, must be constructed
contiguous within te public and privatc roadways rights-of-ways or
easements, which are adjacent to and intemal to the site, in conformance
with the lòllo'.\'in; criteria: as follows:
I. Bike lanes must be provided on both sides of collector and arterial streets.
2. Side,¡"¡'alks six (6) feet in width must be provided on both sidcs of collector
and arterial streets.
3. Side,¡'\'all~s live (5) feet in \vidth must be provided on both sides of local
streots.
Typical Cross alks - Both sides I - 3 4 Bike Lanes ~ Both sides 1 ¿ j 4
Section
6 Feet wide 5 feet wide
Arterials and X X
collectors
Local/lntemal X
Accessway
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_ except that only requIred on one side (closest to the development) where nght-
of-way is adiacent to. but not within, the subiect development and except as set
forth below in this section.
2 _ unless otherwise detennined by the County Manager. or designee, that the
existing ROW cross-section is physically constrained or construction would result
in unsafe conditions.
3 -except that for residential development projects where 75% or more of that
proiect's land area has been approved as of fthe effective date of this ordinancel
for site development plans or final subdivision plats with sidewalks or bike
lanes that are only required on one side of the ROW, then all applications. for
subsequent site development plans or final subdivision plat may be approved
with sidewalks or bike lanes on only one side of the ROW.
4_ for development projects seeking approval of a final subdivision plat or site
development plan of 25 or fewer dwellinl! units where those units front on a
ROW that terminates in a cul-de-sac. then sidewalks or bike lanes will only be
required on one side of the ROWand not around the circumference of the cul-de-
sac.
2. ~For multi-family site development and site improvement projects, within all
conventional zoning districts R T, RMf 6, RMf 12, and R14'F 16 and all
multi-family residential components of PUD districts~
a. t-sidewalks, five feet in width, must be provided OR both sides of local
streets within a dedicated public or private right-of-way or road''vay
easemeøt other internal access way. Where there is no public or private
right-of-way or internal access way proposed within a development, ef
roadv;ay easemeøt, sidewalks must be constructed in accordance with Code
standards contained herein to connect from each on-site residential
buildingW to a sidewalk within an adjacent private or public FeaJril!ht-of-
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way or, if no sidewalk exists therein, te-must connect to the edge of the
adjacent paved road within the right-of-way lino in accordanco with Code
standards containcd herein.
b. Altemative sidewalk designs that are determined by the County Manager,
or designee, to be at least equivalent in function to that which would
otherwise be required and would serve each dwelling unit, may be approved.
Should a two-directional shared use pathway be utilizedproposed as an
alkrnative design, then the minimum paved width of the pathway must not
be less than ten feet.
1:. ~ All sidewalks and bike lanes along public and pri'.'ate roadways must also
be constructed in accordance with design specifications identified in sub-section
E., below4.03.05 and 5.05.08 of this LDC.
4. é-c All bicycle lanes must also have signage and be marked in accordance with
the latest edition of the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control
Devices.
B. All D!!evelopments proyiding required to provide interconnections to existing and
future developments pllrsuant to the density ratin¡; system section of the GMP must
dedicate include suffìcient right-of-way or casement for all required to accommodate
tfle road~-w-ay, sidewalks and bike lanes, ..vhero required. Bike lanes and sidewalks
ml1st be constructed conculTently with the required road-w-ay interconnection.
C. Pavment-in-lieu of construction, as set f011h below, may be authorized or required as
part of any corresponding development order or penl1it, at the discretion of the
County manager or designee, for any or all of the following circumstances: \X/here
1. where planned right-of-way improvements are by the County Transportation
Division scheduled in the County's capital improvements program (CIP)-'--ªDY
govemmental entity's adopted five year work program, or any developer's
written commitment approved by the County would cause the removal of any
sidev/alk or bike lancs."
2. the cost of proposed sidewalks or bike lanes would be greater than twenty-
five (25%) per cent of the development's cost of improvements as determined by
the project engineer's estimate approved by the County Manager, or designee. or
3. an existing development has not been constructed with sidewalks or bike
lanes and no future e-F-connectivity of one or more of these facilities is
anticipated by the Comprehensive Pathways Plan or within the Plan's current
five year work program.
D. the developer, Un lieu of construction of tAe--required sidewalks and bike lanes, all
developments approved or required to make payments-in-lieu must provide funds forthe
cost of sidewalk~and bike lane~ construction as set forth in defined by the Schedule of
àDevelopment of Review and aBuilding Permit Fees adopted in the Col1ier County
Administrative Code into a Pathway fund or identified CIP project. approved by the
County Manager or designee, Such funds will be used by the County for future
construction of required sidewalks and bike lanes, and system improvements to the
bicycle and pedestrian network at locations as close in proximity to the subject site as is
feasible, by the Count)'. The time frame for this funding option is two years from the
date of issl:1anøe of the first InlildiBg permit to the date that the road oonstruotion is
reql:1ireà to be bid. Funds provided as pavments-in-lieu do not release the developer from
meeting these requirements if the pavment-in-lieu amount is less than what would
otherwise be required to completely construct all of the required sidewalks and bike
lanes. In that event, the development will continue to be obligated to payor construct the
outstanding requirements until fully paid or constructed, except that partial payments
previously made will fully vest that portion paid. Any future payments-in-lieu will be
applied to the developer's continuing obligation to construct sidewalks and bike lanes
under the current LDC specifications.
I* E. Sidewalk and Bike Lane Desif!n & Construction/Materials.
Page 5 of8
1. All sidewalks shall be constructed of Portland cement concrete, or paver brick in
conformance with the standard right-of-way cross sections contained in appendix
B in locations illustrated on an approved site development plan. -l--:- Concrete
sidewalks for roads with a functional classification as an arterial or collector shall
be a minimum of four-inches- thick, P0l1lund cemont concrete with a 28-day
compressive strength of 3,000 psi and be constructed over a compacted four-inch
limerock base, or a minimum of six inches thick of such concrete which may be
constructed without a limerock base but must be constructed over a compacted
subgrade; roads with a functional classification as local or with no functional
classification (i.e., drive- or accessways) may be constructed of a minimum of
four inches of such concrete over a compacted subgrade. Expansion joints shall
be one-half-inch prefom1ed bituminous confonning to the latest edition of ASTM.
Contraction joints shall be saW-Cl1t joints with longitudinal spacing equal to the
width of the walk. The saw cut depth shall equal or exceed one- forth 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, section 522. Paver
brick, sidewalks, or paver brick accents in sidewalks must be installed over a
four inch thick, compacted limerock base, except as otherwise allowed above for
sidewalks.
2. All bike lanes shall be designed, and constructed, and signed in accordance with
the most current "Florida Bicycle Facilities Design Standards and Guidelines"-º!
the "Manual of Uniform Minimum Standards for Design, Construction and
Maintenance for Streets and Highways" (commonly known as the "Florida
Greenbook") requirements.
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1 0.02.03 Submittal Requirements for Site Development Plans
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B. Final site development plan procedure and requirements
A pre-application meeting shall be conducted by the County Manager or his designee, or
his/her designee, prior to the submission of any site development or site improvement plan
for review. This meeting may be waived by the County Manager or his designee upon the
request of the applicant.
1. Site development plan submittal packet: The site development submittal packet
shall include the following, if applicable:
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i. Infrastructure improvement plans. Detailed on-site and off-site
infrastructure improvement plans and construction documents prepared in
confonnance with the design standards of Sections 10.02.04 and 10.02.05 and
any current county ordinances, regulations, policies and procedures which
consist of, but are not limited to, the following items:
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XIl1. Sidewalks and bike lanes. For all projects required to be
developed through the site development plan (SOP)
process, the developer must construct sidewalks and bike
lanes where applicable as described in Section
6.06.02Ðelew.
.^.pplioability: For all districts, side>.valks... and bike lanes
must be constructed oontiguous to public and private
Page 6 0£8
road'Nays right of ways \vhich are adjacent to and/or
internal to the site, in conformance with the criteria
described bolo'.'. as follows:
(a) Sidewalks, six feet in width must be pro'/ided on both
sides of collector and arterial streets.
(b) Sidewalks, five feet in width, must be pro'.'ided on both
sides of local streets
(c) Bike lanes must be provided on both sides of collector
and arterial streets
(d) For multi family site DEVELOPMENT and site
improvement projects, districts RT, RMF 6, RMF 12, and
RM.F 16 and all multi family residential components of
PUD districts; SIDE't/,^.LKS, five feet in width, must be
provided on both sides of local STREETS within a
dedicated public RIGHT OF WAY or roadway
E:\SEMENT access road. Where there is no public
RIGHT OF Wl\Y, or road'.vay E,^.SEMENT,
SIDEV/ALKS must connect from the on site residential
BU1LDINGS(s) to a SIDEWALK '.vithin a public roadway
or, if no SIDE\VALK exists, to the RIGHT OF \AI AY line
in accordance with Code standards contained herein.
Should a two directional shared use path be utilized, the
minimum paved width must bø ten feet.
(e) All sidewalks and bike lanes along public and private
roadways must be constructed in accordance \\'Ìth dosign
specifications identified in the Collier County Construction
Standards Manual and Section 5.05.08 of this Code.
(f) Developments pro'/iding interconnections to existing
and future developments pursuant to the density rating
system section of the Collier County grO\vth management
plan future land use element, must include sufficient right
of \vay to accommodate the roadway, sidewalks, and bike
lanes, 'Nhere required. Bike lanes and side\val1~s must be
constructed concurrently 'Nith the roadway interconnection.
(g) Where plaooed RIGHT OF \NAY improvements by the
county transportation division scheduled in the capital
improvements program (CIP) would cause the removal of
any SIDEWALKS or BIKE L^.NES the developer, in lieu
of construction of the required sidewalks and hike lanes,
must proyide funds for the cost of sidewalk and bike lane
construction as defined by the schedule of development
review and huilding permit fees and deposit the same into
a pathway fund, for future construction of required
sidewalks and hike lanes, by the county. The time frame
for this funding option is tv,'o years from the date of
issuance of the first building pørmit to the date that the
road construction is required to be bid.
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County
or other applicable law, the more restrictive shall apply. If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portion.
Page 7 of 8
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or relettered to accomplish such, and the word "ordinance" may be changed
to "section," "article," or any other appropriate word.
SECTION SIX:
EFFECTIVE DATES
This Ordinance shaH become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 22nd day of March, 2005.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
'-1~ A W. ~
By: -j'U-dL
FRED W. COYLE, CHAIRM
This ordinance filed with th~
Secretary of State's Office the
1t!i!!tl day of ~YÙIALA 1..I:US
and acknowledgement of that
fHin recc'ved this~ day
of '~:~~~lL
Page 8 of8
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 2005-17
Which was adopted by the Board of County Commissioners
on the 23nd day of March 2005/ during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 28th
day of March, 2005.
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DWIGHT E. BROÇ~{,t~:~:~~~~.~·~~-·"
Clerk of cour1;"œ.·è C1'E~~-~
Ex-officio t·ou~ d~ei.' ,\ '~ ~
County commi.~i ~rs:¿'ïJ}J'~: 1 ~ ~.
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By: Linda A. Houtzer·····.i:f.\''1J1\S..·
Deputy Clerk "'~¡;o:,..,.<" .
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