Ordinance 2005-49
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~6?~ ~./'~N ORDINANCE AMENDING ORDINANCE NUMBER 04-41, :..,
:"'C"QøzlZ"ICi '. AS AMENDED, THE COLLIER COUNTY LAND C~~.
DEVELOPMENT CODE, WHICH INCLUDES THE:' :..
COMPREHENSIVE REGULATIONS FOR THE '
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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 ¿S:-.,
DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING ::,. ¡', ¡
THE FOLOWING: CHAPTER TWO - ZONING DISTRICTS
AND USES, INCLUDING SECTION 2.03.07 OVERLAY
ZONING DISTRICTS, SECTION 2.03.08, RURAL FRINGE
ZONING DISTRICTS; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE
COLLIER COUNTY LAND DEVELOPMENT CODE; AND
SECTION SIX, EFFECTIVE DATE.
ORDINANCE NUMBER 05- 49
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WHEREAS, On October 30, 1991, the Collier County Board of County
Commissioners (Board) adopted Ordinance No. 91-102, the original codification of the
Collier County Land Development Code (hereinafter LDC), which has been subsequently
re-codified by Ordinance No. 04-41, as amended; and
WHEREAS, the LDC may not be amended more than two times each calendar
year unless additional amendment cycles are approved by the Collier County Board of
County Commissioners pursuant to LDC Section 10.02.09; and
WHEREAS, On March 18, 1997, the Board adopted Resolution No. 97-177,
establishing local requirements and procedures for amending the LDr:; and
WHEREAS, on July 26, 2005, the Board approved a special cycle for the
provisions set forth in this ordinance; and
WHEREAS, all procedural requirements of the LDC Resolution and 97-177 have
been met; and
WHEREAS, the Board, in a manner prescribed by law, did hold all required
advertised public hearing and did take action concerning these amendments to the LDC;
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 above recitals are true and correct and are hereby incorporated by reference
herein.
SECTION TWO: FINDINGS OF FACT
The Board of County Commissioners of Collier County, Florida, hereby make the
following findings of fact:
1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local
Government Comprehensive Planning and Land Development Regulations
Act (hereinafter the "Act"), is required to prepare and adopt a Comprehensive
Plan.
2. After Adoption of the Comprehensive Plan, the Act and in particular Sec.
163.3202(1). Fla. Stat. mandates that Collier County adopt land development
regulations that are consistent with and implement the adopted comprehensive
plan.
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3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the
adoption and enforcement by Collier County of land development regulations
for the total unincorporated area shall be based on, be related to, and be a
means of implementation for, the adoption 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 wit the
adopted Comprehensive Plan, or element or portion thereof, shall be amended
so as to be consistent.
5. Sec. 163.3202(3) Fla. Stat., states that the Act shaH be construed to encourage
the use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the "Growth Management Plan" or "GMP") as
its Comprehensive Plan pursuant to the requirements of Sec. 163.3161 et seq.
Fla. Stat., and Rule 9J-5, F.A.C.
7. Section 163.3194(1) (a), Fla. Stat., mandates that after a Comprehensive Plan,
or element or portion thereof, has been adopted in conformity with the Act.
All development undertaken by, and all actions taken in regard to,
development orders by, governmental agencies in regard to land covered by
such Comprehensive Plan, or element or portion thereof, shall be consisted
with such Comprehensive Plan or element or portion thereof.
8. Pursuant to Sec. 163.3194(3) (a), Fla. Stat, a development order or land
development regulation shall be consistent with the Comprehensive Plan if the
land uses, densities or intensities, and other large aspects of development
permitted by such order or regulation are compatible with and further the
objectives, policies, land uses, and densities or intensities in the
Comprehensive Plan and if it meets all other criteria enumerated by the local
government.
9. Section 163.3194(3)(b) Fla. Stat., requires that a development approved or
undertaken by a local government shall be consistent with the Comprehensive
Plan if the land uses, densities or intensities, capacity or size, timing, and
other aspects of development permitted 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.
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 provisions of transportation, water, sewage 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
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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 A: AMENDMENTS TO SECTION 2.03.07 OVERLAY
ZONING DISTRICTS
Amend the LDC as follows:
2.03.07 Overlay Zoning Districts
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D. Special Treatment Overlay "ST".
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4. Transfer of Development Rights (TDR).
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c. TDR credits from RFMU sending lands: General Provisions
i. Creation ofTDR credits.
a) TDR credits are generated from RFMU sending lands at a rate
of 1 TDR credit per 5 acres of RFMU Sending Land or, for those
legal non-conforming lots or parcels of less than 5 acres that were
in existence as of June 22, 1999, at a rate of 1 TDR credit per
legal non-conforming lot or parcel.
b) For lots and parcels 5 acres or larger, the number of TDR
credits generated shall be calculated using the following formula:
# of acres x 0.2 = # of TDR credits generated.
Where the number of TDR credits thus calculated is a fractional
number, the number of TDR credits created shall be rounded to
the nearest 1/100th.
ii. Creation of TDR Bonus credits. TDR Bonus credits shall only be
generated from RFMU sendine: land property from which TDR credits
have been severed. The three types TDR Bonus credits are as follows:
a) Environmental Restoration and Maintenance Bonus credits.
Environmental Restoration and Maintenance Bonus credits are
generated at a rate of 1 credit for each TDR credit severed from that
RFMU sendine: land for which a Restoration and Management Plan
(RMP) has been accepted by the County. In order to be accepted, a
RMP shall satisfy the following:
1) The RMP shall include a listed species management plan.
2) The RMP shall comply with the criteria set forth in 3.05.08.A.
andB.
3) The RMP shall provide financial assurance. in the form of a
performance surety bond or similar financial security. that the
RMP shall remain in place and be performed. until the earlier of
the following occurs:
a. Viable and sustainable ecological and hydrological
functionality has been achieved on the property as measured
by the success criteria set forth in the RMP.
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b. The propertY is conveyed to a County. state. or federal
agency as provided in b) below.
4) The RMP shall provide for the exotic vee:etation removal and
maintenance to be performed by an environmental contractor
acceptable to the County.
b) Conveyance Bonus credits. Conveyance Bonus credits are
generated at a rate of 1 credit for each TDR credit severed from that
RFMU sendine: land that is conveyed in fee simple to a federal. state.
or local government agency as a gift. Conveyance Bonus credits
shall only be generated from those RFMU sendine: land properties
on which an RMP has been accepted as provided in a) above.
c) Early Entrv Bonus credits. Early Entrv Bonus credits shall be
generated at a rate of 1 additional credit for each TDR credit that is
severed from RFMU sendine: land for the period from March 5.
2005. until three years after the adoption of this regulation. Early
Entry Bonus credits shall cease to be generated after the termination
of this early entry bonus period. However. Early Entry Bonus credits
may continue to be used to increase density in RFMU and non-
RFMU Receivine: Lands after the termination of the Early Entrv
Bonus period.
iii. Calculation ofTDR Bonus credits.
a) Environmental Restoration and Maintenance Bonus credits are
calculated as follows:
# TDR credits generated from property x %
property subiect to an approved RMP
b) Conveyance Bonus credits are calculated as
follows:
# TDR credits generated from property x %
property subject to an approved RMP and
conveyed as provided in ii.b) above.
c) Early Entrv Bonus credits are calculated as
follows:
# TDR credits generated within Early Entrv
period x 1.
tr. IV Receipt of TDR credits or TDR Bonus credits from RFMU
sending lands . TDR credits or TDR Bonus credits from RFMU
sending lands may be transferred into Urban Areas, the Urban
Residential Fringe, and RFMU receiving lands, as provided in
Sections 2.03.07. (4)(d) and (e) below.
ill. y: Prohibition on transfer of fractional TDRS credits and TDR
Bonus credits. While fractional TDR credits and TDR Bonus
credits may be created, as provided in (ii) above, TDR credits and
TDR Bonus credits may only be transferred from RFMU sending
lands in increments of whole, not fractional, dwelling units .
Consequently, fractional TDR credits and fractional TDR Bonus
credits must be aggregated to form whole units, before they can be
utilized to increase density in either non-RFMU Receiving Areas or
RFMU Receiving lands.
Þr. vi. Prohibition on transfer of development rights.
a) Neither TDR credits nor TDR Early Entrv Bonus credits shall
flat be transferred generated from RFMU sending lands where a
conservation easement or other similar development restriction
prohibits the residential development of such property. with the
exception of those TDR Early Entrv Bonus credits associated
with TDR credits severed from March 5, 2004. until
[the effective date of this provision]. Environmental Restoration
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and Maintenance Bonus credits and Conveyance Bonus credits
may only be IZenerated from those RFMU sendinf! lands where a
conservation easement or other similar development restriction
on development was imoosed in conjunction with the severance
ofTDR credits.
b) Neither TDR credits nor any TDR Bonus credits shall net be
traasferred generated from RFMU sending lands that were
cleared for agricultural operations after June 19, 2002, for a period
of twenty-five (25) years after such clearing occurs.
d. Transfer of development rights from RFMU sending lands to non-
ffH:æ RFMU receiving areas.
i. Transfers to urban areas.
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b) Development-s which meet the residential infill conditions i)
through v) above may increase the base density administratively
through a Site development Plan or Plat approval by a maximum
of one dwelling unit per acre by transferring that additional density
from RFMU district Sending Lands.
ii. Transfers to the urban residential fringe. TDR credits and TDR
Bonus credits may be transferred from RFMU sending lands located
within one mile of the Urban Boundary into lands designated Urban
Residential Fringe at a rate of to increase density by a maximum of
1.0 dwelling units per acre, allowing for a density increase from the
existing allowable base density of 1.5 dwelling units per acre to 2.5
dwelling unit per gross acre.
e. Transfers from RFMU sending lands to RFMU receiving lands.
i. Maximum density on RFMU receiving lands when TDR credits are
transferred from RFMU sending lands.
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b) The density achievable through the transfer of TDR credits and
TDR Bonus credits into RFMU receiving lands shall be as
provided for in section 2.03.08 (A)(2)(a)(2)(b)(i) outside of rural
villages and sections 2.03.08 fAj~f2j~fbj~(3)(b) and 2.03.08
fAtf2jJbjl3)( c )(i) inside of rural villages.
ii. Remainder uses after TDR credits are transferred severed from
RFMU sending lands . Where development rights have been
transferred severed from RFMU district Scnding Lands, such lands
may be retained in private ownership and may be used as set forth in
section 2.03.08 AA.b.
f. Procedures applicable to the severance and transfer of TDR credits and the
generation ofTDR Bonus credits from RFMU sending lands.
i. General. Those development-s that utilize such TDR credits or TDR
Bonus credits are subject to all applicable permitting and approval
requirements of this Code, including but not limited to those applicable to
site development plans, plat approvals, PUDs, and DRIs.
!!1 The transfer severance of TDR credits and the generation of
Early Entry Bonus credits from RFMU sending lands does not
require the further approval of the County if the County determines
that information demonstrating compliance with all of the criteria
set forth in ii.a) below has been submitted. However, those
development-s that utilize such TDR credits and Early Entry
Bonus credits are subject to all applicable permitting and approval
requirements of this Code, including but not limited to those
applicable to site development plans, plat approvals, PUDs, and
DRls.
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b) The generation of Environmental Restoration and Maintenance
Bonus credits and Conveyance Bonus credits requires acceptance
by the County of a RMP.
ii. County-maintained central TDR registry. In order to facilitate the
County's monitoring and regulation of the TDR Program, the County
shall serve as the central registry of all TDR credit and TDR Bonus
credits purchases, sales, and transfers, as well as a central listing of
TDR credits and TDR Bonus credits available for sale and purchasers
seeking TDR credits or TDR Bonus credits. No TDR credit and
TDR Bonus credit generated from RFMU sending lands may be
utilized to increase density in any area unless the following procedures
are complied with in full.
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b) TDR Bonus credits shall not be used to increase density in
either non-RFMU receiving areas or RFMU receivinf! lands until
a TDR credit certificate reflecting the TDR Bonus credits is
obtained from the County and recorded.
1) Early Entry Bonus credits. All TDR credit certificates
issued by the County for the period from the effective date of
this provision until three years after such effective date shall
include one Early Entry Bonus credit or fractional Early Entry
Bonus credit or each TDR credit or fractional TDR credit
reflected on the TDR credit certificate. Where TDR credits
were severed from March 5, 2004, until the effective date of
this provision, the County shall, upon receipt of a copy of the
TDR credit certificate reflecting th9se previously severed
TDR credits, issue a TDR credit certificate entitling Early
Entry Bonus credits equal in number to the previously severed
TDR credits.
2) Environmental Restoration and Maintenance Bonus credit.
A TDR certificate reflecting Environmental Restoration and
Maintenance Bonus credits shall not be issued until the
County has accepted a RMP for the sending lands from which
the Environmental Restoration and Maintenance Bonus credit
is being generated. Any sendinf! lands from which TDR
credits have been severed may also be used for mitigation
programs and associated mitigation activities and uses in
coni unction with any county, state or federal permitting.
Where the Environmental Restoration and Maintenance Credit
is applied for sending lands that are also being used (title or
easement) for mitigation for permits or approvals from the U.
S. Army Corps of Engineers, U. S. Fish and Wildlife Service,
Florida Department of Environmental Protection, Florida Fish
and Wildlife Conservation Commission, or the South Florida
Water Management District, the County shall accept as the
RMP for the sending mitigation lands, the restoration and/or
maintenance requirements of permits issued by any of the
foregoing governmental agencies for said lands.
3) Conveyance Bonus credit. A TDR certificate reflecting
Conveyance Bonus credits shall not be issued until the County
has accepted a RMP for the Sending Lands from which the
Conveyance Bonus credit is being generated and such sending
lands have been conveyed, in fee simple, to a County, state, or
federal government agency.
Þj £} A PUD or DRI utilizing TDR credits or TDR Bonus credits
may be conditionally approved, but no subsequent application for
site development plan or subdivision plat within the PUD or DRI
shall be approved, until the developer submits the following:
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i) documentation that the developer has acquired all TDR
credits and TDR Bonus credits needed for that portion of the
development that is the subject of the site development plan
or subdivision plat; and
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ej !!l The developer shall provide documentation of the acquisition
of full ownership and control of all TDR credits and TDR Bonus
credits needed for the development and of recordation of the
TDR credit and TDR Bonus credit Certificates for all such TDR
credits and TDR Bonus credits prior to the approval of any site
development plan, subdivision plat, or other final local
development order, other than a PUD or DR!.
àj £Ì Each TDR credit shall have an individual and distinct
tracking number, which shall be identified on the TDR Certificate
that reflects the severance of the TDR credit from RFMU Sending
band. The County TDR Registry shall maintain a record of all
TDR credits, to include a designation of those that have been
expended.
f) Each TDR Bonus credit shall have an individual and distinct
tracking number. which shall be identified on the TDR Certificate
and which shall identify the specific TDR credit associated with
the TDR Bonus credit. The County TDR Registry shall maintain
a record of all TDR Bonus credits. to include a designation of
those that have been expended.
2) The County bears no responsibility to provide notice to any
person or entity holding a lien or other security interest in Sendin2
Lands that TDR credits have been severed from the property or
that an application for such severance has been filed.
g. Proportional utilization of TDR credits and TDR Bonus credits. Upon
the issuance of approval of a site development plan or subdivision plat
that is part of a PUD or DRI, TDR credits and TDR Bonus credits shall
be deemed to be expended at a rate proportiona! to percentage of the PUD
or DRI's approved gross density that is derived through TOR credits and
TDR Bonus credits. All PUDs and DRIs utilizing TDR credits and TDR
Bonus credits shall require that the rate of TDR credit and TDR Bonus
credits consumption be reported through the monitoring provisions of
sections 10.02.12 and 1O.02.07(C)(1)(b) of this Code.
SECTION THREE B:
2.03.08 Rural Fringe Zoning Districts
A. Rural Fringe Mixed-Use District (RFMU District)
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2. RFMU RECEIVING LANDS.
a. OUTSIDE RURAL VILLAGES
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(2) Maximum DENSITY.
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(b) Additional DENSITY
I. Additional Density Allowed Through the TORS Process.
Outside of rural villages, the maximum density achievable
in RFMU Receiving Lands through the TDR process
credits and TDR Bonus Credits is one (1) dwelling unit
per acre.
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ii. Additional DENSITY Allowed Through Other Density
Bonuses. Once the maximum ª DENSITY of one (1) unit per acre
is achieved through the use of TDRs credits and TDR Bonus
credits, additional DENSITY may be achieved as follows:
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(3) Allowable Uses
(a) Uses Permitted as of Right. The following uses are permitted as
of right, or as uses accessory to permitted uses:
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xi. Golf courses or driving ranges, subject to the following
standards:
a) The minimum density shall be as follows:
i) For golf course projects utilizing density blending
Provisions set forth in the density Rating System of the
FLUE: one (1) dwelling unit per five (5) gross acres.
ii) For golf course projects not utilizing density
blending Provisions set forth in the Density Rating
System of the FLUE, including free standing golf
courses: the minimum density shall be one (l)
dwelling unit per five(5) gross acres, and one
additional dv¡elling unit one TDR credit or TDR
Bonus credit shall be required per five (5) gross
acres for the land area utilized as part of the golf
course, including the clubhouse area, rough,
fairways, greens, and lakes, but excluding any area
dedicated as conservation, which is non-irrigated
and retained in a natural state. The additional
requircd density for such golf course development
shall be achieved by acquiring TORs from Sending
Lands. A TDR credit or TDR Bonus credit used
to entitle golf course acreage may not also be used
to entitle a residential dweIlinl! unit.
b) Golf courses shall be designed, constructed, and managed
in accordance with the best management practices of Audubon
International's Gold Signature Program. The project shall
demonstrate that the Principles for Resource Management
required by the Gold Signature Program (Site Specific
Assessment, Habitat Sensitivity, Native and Naturalized Plants
and Natural Landscaping, Water Conservation, Waste
Management. Energy Conservation & Renewable Energy
Sources, Transportation, Greenspace and Corridors,
Agriculture, and BUILDING Design) have been incorporated
into the golf course's design and operational procedures.
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xii. Public and private schools, subject to the following criteria:
educational plants and ancillary plants.
a) Site area and school size shall be subject to the General
EDUCATIONAL FACILITIES Report submitted annually by
the Collier County School Board to the Board of County
Commissioners.
b) The Site must comply with the STf.TE REQUIREMENTS
FOR EDUC\TION.^,.L F f.CILITlES adopted by the State
Board of Education.
c) The site shall be subject to all applicable State or Federal
regulations.
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xiii. OIL AND GAS EXPLORATION, subject to applicable state
and federal drilling permits and Collier County non-environmental
site DEVELOPMENT plan review procedures. Directional-
drilling and/or previously cleared or disturbed areas shall be
utilized in order to minimize impacts to native habitats, where
determined to be practicable. This requirement shall be deemed
satisfied upon issuance of a state permit in compliance with the
criteria established in Chapter 62C-25 through 62C-30, F.A.C., as
those rules existed on . 2005 [the effective date of this
provision], regardless of whether the activity occurs within the Big
Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All
applicable Collier County oil and gas environmental permitting
requirements shall be considered satisfied by evidence of the
issuance of all applicable federal and/or state oil and gas permits
for proposed oil and gas activities in Collier County, so long as the
state permits comply with the requirements of Chapter 62C-25
through 62C-30, F.A.C. For those areas of Collier County outside
the boundary of the Big Cypress Watershed, the APPLICANT
shall be responsible for convening the Big Cypress Swamp
Advisory Committee as set forth in Section 377.42, F.S., to assure
compliance with Chapter 62C-25 through 62C-30, F.A.C., even if
outside the defined Big Cypress Watershed. All oil and gas access
roads shall be constructed and protected from unauthorized uses
according to the standards established in Rule 62C-30.005(2)(a)(1)
through (12), F.A.C.
xiv. Park. open space, and recreational uses.
xv. Private schools.
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(c) CONDITIONAL USES.
i. Oil and gas field DEVELOPMENT and production, subject to
applicable state and federal field DEVELOPMENT permits and
Collier County non-environmental site DEVELOPMENT plan
review procedures. Directional-drilling and/or previously cleared
or disturbed areas shall be utilized in order to minimize impacts to
native habitats, where determined to be practicable. This
requirement shall be deemed satisfied upon issuance of a state
permit in compliance with the criteria established in Chapter 62C-
25 through 62C-30, F.A.C., as those rules existed on January 14,
2005, regardless of whether the activity occurs within the Big
Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All
applicable Collier County environmental permitting requirements
shall be considered satisfied by evidence of the issuance of all
applicable federal and/or state oil and gas permits for proposed oil
and gas activities in Collier County, so long as the state permits
comply with the requirements of Chapter 62C-25 through 62C-30,
F.A.C. For those areas of Collier County outside the boundary of
the Big Cypress Watershed, the APPLICANT shall be responsible
for convening the Big Cypress Swamp Advisory Committee as set
forth in Section 377.42, F.S., to assure compliance with Chapter
62C-25 through 62C-30, F.A.C., even if outside the defined Big
Cypress Watershed. All oil and gas access roads shall be
constructed and protected from unauthorized uses according to the
standards established in Rule 62C-30.005(2)(a)(l) through (12),
F.A.C.
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b. RURAL VILLAGES. RURAL VILLAGES, including RURAL VILLAGES
within the NBMO, may be approved within the boundaries of RFMU
RECEIVING LANDS, subject to the following:
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(1) Allowable Uses:
(a) All permitted uses identified in section 2.03.08-fAlJ2lJal,.(3)(a),
when specifically identified in, and approved as part of, a RURAL
VILLAGE PUD.
(b) CONDITIONAL USES 1 through 5, and 7 identified in section
2.03.08-fAjJ2l,.faH3)(c), when specifically identified in, and approved
as part of a RURAL VILLAGE PUD.
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vii. Civic Uses and Public Parks - Minimum of ~ 10% of total
rural village acreage.
(2) DENSITY. A RURAL VILLAGE shall have a minimum DENSITY
of 2.0 units per gross acre and a maximum DENSITY of 3.0 units per
gross acre, except that the minimum DENSITY within a NBMO
RURAL VILLAGE shall be 1.5 units per gross acre. Those densities
shall be achieved as follows:
(a) No change.
(b) Minimum DENSITY. For each TDR CREDIT for use in a
RURt\L VILLAGE, one BONUS CREDIT shall be granted, up
te-the The minimum gross DENSITY ef in a Rural Villae:e is
2.0 units per acre outside of the NBMO and 1.5 units per acre
within the NBMO.
i. For each TDR credit used to achieve the minimum required
densitv in a Rural Villae:e, one Rural Villae:e Bonus Credit
shall be granted. Rural Village Bonus Credits may only be
utilized in Rural Villae:es and shall not be available for use
once the minimum required density is achieved.
ii. The minimum density shall be achieved through any
combination of TDR Credits, Rural Villae:e Bonus Credits,
and TDR Bonus Credits.
(c) Maximum DENSITY. A de';eloper may achieve a The maximum
gross DENSITY exceeding the minimum required DENSITY, up
to a maximum of allowed in a rural villae:e is 3.0 units per acre,.:.
The maximum density shall be achieved through any of the
following means, either in combination or individually:
i. TDR CREDITS;
ii. TDR Bonus Credits;
it:- iii. An additional density bonus 0.3 units per acre for the
additional preservation of native vegetation as set forth in
Chapter 4;
Hh iv. An additional density bonus of 0.3 units per acre for
additional wetlands mitigation as set forth in Chapter 4;
and/or
Þr. v. An additional density bonus of 0.5 units per acre for each
Affordable or workforce housing unit.
* * * * * * * * * * *
(4) Other Design Standards
(a) Transportation System Design.
* * * * * * * * *
ii. Each RURAL VILLAGE shall be served by a primary binary
road system that is accessible by the public. Neighborhood
Page 10 of 17
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Circulator. Local Residential Access and Residential Loop roads
may and ftO roads shall not be gated. The primary road~ system
within the RURAL VILLAGE shall consist of Rural Major
Collectors at a minimum and be designed to meet County
standards and shall be dedicated to the public.
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xv. Required vehicular parking and loading amounts and design
criteria:
a) The amount of required parking shall be demonstrated
through a shared parking analysis submitted with the
SRi\. designation application as part of the rural villa2e
PUD. Parking shall be determined utilizing the modal
splits and parking demands for various uses recognized
by the ITE, ULI or other sources or studies. The
analysis shall demonstrate the number of parking
spaces available to more than one use or function,
recognizing the required parking will vary depending
on the multiple functions or uses in close proximity
which are unlikely to require the spaces at the same
time.
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(6) GREENBELT. Except within the NBMO RURAL VILLAGE, a
GREENBELT averaging a minimum of WO 300 feet in width, but
not less than ~ 200 feet in width at any location, shall be required
at the perimeter of the RuRAL VILLAGE. The GREENBELT is
required to ensure a permanently undeveloped edge surrounding the
RURAL VILLAGE, thereby discouraging sprawl. GREENBELTS
shall conform to the following:
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(7) OPEN SPACE: Within the RURAL VILLAGE, a minimum of ~
40% of OPEN SPACE shall be provided, inclusive of the
GREENBELT.
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3. NEUTRAL LANDS. Neutral lands have been identified for limited semi-
rural residential development. Available data indicates that neutral lands have
a higher ratio of native vegetation, and thus higher habitat values, than lands
designated as RFMU receiving lands, but these values do not approach those
of RFMU sending lands. Therefore, these lands are appropriate for limited
development, if such development is directed away from existing native
vegetation and habitat. Within neutral lands, the following standards shall
apply:
3. ALLOW ABLE USES. The following uses are permitted as of right:
(1) Uses Permitted as of Right.
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(k) Golf courses or driving ranges, subject to the following standards:
i. Golf courses shall be designed, constructed, and managed in
accordance with the best management practices of Audubon
International's Gold Signature Program. The project shall
demonstrate that the Principles for Resource Management
required by the Gold Signature Program (Site Specific
Assessment, Habitat Sensitivity. Native and Naturalized
Plants and Natural Landscaping, Water Conservation, Waste
Management, Energy Conservation & Renewable Energy
Sources. Transportation, Greenspace and Corridors,
Agriculture, and Building Design ì have been incorporated
into the golf course's design and operational procedures.
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Page 11 of 17
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(I) Public anå private 19øhools, subjeet to the follo·.ving eriteria:
educational plants and ancillary plants.
i. Site area aad 190hool size shall be subject to the General
EDUC¡\. TIONAL FACILITIES Report submitted lHIDually by the
Collier County School Boarå to the Board of County
Commissioners.
ii. The Site must comply with the STATE REQUIREMENTS
FOR EDUC.'\ TION.'\L F.'\CILlTIES adopted by the State Board
of Edueation.
Hi. The site shall be subject to all applioable State or Federal
regulations.
(m) OIL AND GAS EXPLORATION, subject to applicable state and
federal drilling permits and Collier County non-environmental site
DEVELOPMENT plan review procedures. Directional-drilling
and/or previously cleared or disturbed areas shall be utilized in
order to minimize impacts to native habitats, where determined to
be practicable. This requirement shall be deemed satisfied upon
issuance of a state permit in compliance with the criteria
established in Chapter 62C-25 through 62C-30, F.A.C., as those
rules existed on ,2005 [effective date of this provision]
regardless of whether the activity occurs within the Big Cypress
Watershed, as defined in Rule 62C-30.001(2), F.A.C. All
applicable Collier County environmental permitting requirements
shall be considered satisfied by evidence of the issuance of all
applicable federal and/or state oil and gas permits for proposed oil
and gas activities in Collier County, so long as the state permits
comply with the requirements of Chapter 62C-25 through 62C-30,
F.A.C. For those areas of Collier County outside the boundary of
the Big Cypress Watershed, the APPLICANT shall be responsible
for convening the Big Cypress Swamp Advisory Committee as set
forth in Section 377.42, F.S., to assure compliance with Chapter
62C-25 through 62C-30, F.A.C., even if outside the defined Big
Cypress Watershed. All oil and gas access roads shall be
constructed and protected from unauthorized uses according to the
standards established in Rule 62C-30.005(2)(a)(1) through (12),
F.A.C.
n. Park, open space, and recreational uses.
o. Private schools.
(2) No change.
(3) CONDITIONAL USES. The following uses are permissible as
conditional uses subject to the standards and procedures established in
Section 10.08.00.
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(c) Multi-family residential structures, subiect to the following
development standards:
(i) Building height limitation: 2 stories
(m Buffer: 10 foot wide landscape buffer with trees spaced no
more than 30 feet on center;
(iii) Setbacks: 50% of the height of the building, but not less than
1 5 feet
W W Those essential services identified in sections 2.01.03 (G)(l)
and (G)(3).
fe-) ill.... Oil and gas field DEVELOPMENT and production, subject to
applicable state and federal field DEVELOPMENT permits and
Collier County non-environmental site DEVELOPMENT plan review
Page 12 of 17
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procedures. Directional-drilling and/or previously cleared or disturbed
areas shall be utilized in order to minimize impacts to native habitats,
where determined to be practicable. This requirement shall be deemed
satisfied upon issuance of a state permit in compliance with the criteria
established in Chapter 62C-25 through 62C-30, F.A.C., as those rules
existed on January 14. 2005. regardless of whether the activity occurs
within the Big Cypress Watershed, as defined in Rule 62C-30.001(2),
F.A.C. All applicable Collier County environmental permitting
requirements shall be considered satisfied by evidence of the issuance
of all applicable federal and/or state oil and gas permits for proposed
oil and gas activities in Collier County, so long as the state permits
comply with the requirements of Chapter 62C-25 through 62C-30,
F.A.C. For those areas of Collier County outside the boundary of the
Big Cypress Watershed, the APPLICANT shall be responsible for
convening the Big Cypress Swamp Advisory Committee as set forth in
Section 377.42, F.S., to assure compliance with Chapter 62C-25
through 62C-30, F.A.C., even if outside the defined Big Cypress
Watershed. All oil and gas access roads shall be constructed and
protected from unauthorized uses according to the standards
established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C.
00 {g} Earth mining and extraction and related processing.
~ íhl Facilities for the collection, transfer, processing, and reduction of solid
waste.
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4. RFMU SENDING LANDS. No change.
a. ALLOWABLE USES WHERE TDR CREDITS HAVE NOT BEEN
SEVERED
(1) Uses Permitted as of Right
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(g) OIL AND GAS EXPLORA nON, subject to applicable state and
federal drilling permits and Collier County non-environmental site
DEVELOPMENT plan review procedures. Directional-drilling and/or
previously cleared or disturbed areas shall be utilized in order to
minimize impacts to native habitats, where determined to be
practicable. This requirement shall be deemed satisfied upon issuance
of a state permit in compliance with the criteria established in Chapter
62C-25 through 62C-30, F.A.C., as such rules existed on ,
2005 [the effective date of this provision], regardless of whether the
activity occurs within the Big Cypress Watershed, as defined in Rule
62C-30.001(2), F.A.C. All applicable Collier County environmental
permitting requirements shall be considered satisfied by evidence of
the issuance of all applicable federal and/or state oil and gas permits
for proposed oil and gas activities in CoHier County, so long as the
state permits comply with the requirements of Chapter 62C-25 through
62C-30, F.A.C. For those areas of Collier County outside the
boundary of the Big Cypress Watershed, the APPLICANT shall be
responsible for convening the Big Cypress Swamp Advisory
Committee as set forth in Section 377.42, F.S., to assure compliance
with Chapter 62C-25 through 62C-30, F.A.C., even if outside the
defined Big Cypress Watershed. All oil and gas access roads shall be
constructed and protected from unauthorized uses according to the
standards established in Rule 62C-30.005(2)(a)(I) through (12),
F.A.C.
* * * * * * * * * *
(3) CONDITIONAL USES.
* * * * * * * * * *
Page 13 of 17
Words struck through are deleted; words underlined are added.
(c) Oil and gas field DEVELOPMENT and production, subject to
applicable state and federal field DEVELOPMENT permits and
Collier County non-environmental site DEVELOPMENT plan review
procedures. Directional-drilling and/or previously cleared or disturbed
areas shall be utilized in order to minimize impacts to native habitats,
where determined to be practicable. This requirement shall be deemed
satisfied upon issuance of a state permit in compliance with the criteria
established in Chapter 62C-25 through 62C-30, F.A.C., as those rules
existed on . 2005 [the effective date of this provision],
regardless of whether the activity occurs within the Big Cypress
Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable
Collier County environmental permitting requirements shall be
considered satisfied by evidence of the issuance of all applicable
federal and/or state oil and gas permits for proposed oil and gas
activities in Collier County, so long as the state permits comply with
the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those
areas of Collier County outside the boundary of the Big Cypress
Watershed, the APPLICANT shall be responsible for convening the
Big Cypress Swamp Advisory Committee as set forth in Section
377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-
30, F.A.C., even if outside the defined Big Cypress Watershed. All oil
and gas access roads shall be constructed and protected from
unauthorized uses according to the standards established in Rule 62C-
30.005(2)(a)(1) through (12), F.A.C.
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b. USES ALLOWED WHERE TDR CREDITS HAVE BEEN SEVERED
(1) Uses Permitted as of Right
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(h) OIL AND GAS EXPLORATION, subject to applicable state and
federal drilling permits and Collier County non-environmental site
DEVELOPMENT plan review procedures. Directional-drilling and/or
previously cleared or disturbed areas shall be utilized in order to
minimize impacts to native habitats, where determined to be
practicable. This requirement shall be deemed satisfied upon issuance
of a state permit in compliance with the criteria established in Chapter
62C-25 through 62C-30, F.A.C., as those rules existed on
, 2005 [the effective date of this provision], regardless of
whether the activity occurs within the Big Cypress Watershed, as
defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County
environmental permitting requirements shall be considered satisfied by
evidence of the issuance of all applicable federal and/or state oil and
gas permits for proposed oil and gas activities in Collier County, so
long as the state permits comply with the requirements of Chapter
62C-25 through 62C-30, F.A.C. For those areas of Collier County
outside the boundary of the Big Cypress Watershed, the APPLICANT
shall be responsible for convening the Big Cypress Swamp Advisory
Committee as set forth in Section 377.42, F.S., to assure compliance
with Chapter 62C-25 through 62C-30, F.A.C., even if outside the
defined Big Cypress Watershed. All oil and gas access roads shall be
constructed and protected from unauthorized uses according to the
standards established in Rule 62C-30.005(2)(a)(1) through (12),
F.A.C.
(i) Mitigation in conjunction with any County. state, or federal
permitting.
(2) CONDITIONAL USES
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(b) Oil and gas field DEVELOPMENT and production, subject to
applicable state and federal field DEVELOPMENT permits and
Page 14 of 17
Words struck through are deleted; words underlined are added.
Collier County non-environmental site DEVELOPMENT plan review
procedures. Directional-drilling and/or previously cleared or disturbed
areas shall be utilized in order to minimize impacts to native habitats,
where determined to be practicable. This requirement shall be deemed
satisfied upon issuance of a state permit in compliance with the criteria
established in Chapter 62C-25 through 62C-30, F.A.C., as those rules
existed on . 2005 [the effective date of this provision]~
regardless of whether the activity occurs within the Big Cypress
Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable
Collier County environmental permitting requirements shall be
considered satisfied by evidence of the issuance of all applicable
federal and/or state oil and gas permits for proposed oil and gas
activities in Collier County, so long as the state permits comply with
the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those
areas of Collier County outside the boundary of the Big Cypress
Watershed, the APPLICANT shall be responsible for convening the
Big Cypress Swamp Advisory Committee as set forth in Section
377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-
30, F.A.C., even if outside the defined Big Cypress Watershed. All oil
and gas access roads shall be constructed and protected from
unauthorized uses according to the standards established in Rule 62C-
30.005(2)(a)(1) through (12), F.A.C.
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C. NORTH BELLE MEADE OVERLAY DISTRICT (NBMO)
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5. ADDITIONAL SPECIFIC AREA PROVISIONS
a. RECEIVING LANDS
(1) DENSITY.
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(b) This density may be increased, through TDR credits and TDR
Bonus Credits, up to a maximum of 1 dwelling unit per gross acre.
(c) Once a DENSITY of 1 dwelling unit per gross acre is achieved
through TDR CREDITS and TDR Bonus Credits, additional density
may be achieved as follows:
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(2) The earth mining operation and asphalt plant uses that currently exist
within NBMO Receiving Lands may continue alld may expand as follows:
(a) Until June 19, ;w()4 2005, or such other date as the GMP is
amended to provide, such uses may expand only into the western half
of Section 21 and shall not generate truck traffic beyond average
historic levels.
(b) Such mining operations and an asphalt plant may expand on
Sections 21 and 28 and the western quarters of 22 and 27 as a
permitted use if either of the following occurª-.by June 19, ;w()4 2005,
or such other date as the GMP is amended to provide:
i. No change.
ii. the mine operator commits to construct a private haul road by
June 19, ~ 2007, or such other date as the GMP is amended
to provide, without the use of any public funds.
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(3) A GREENBELT is not required for any DEVELOPMENT in NBMO
Receiving Lands, whether inside or outside of a RURAL VILLAGE.
However. any e:reenbelt that is provided in a NBMO rural villae:e shall
be included in the calculation of open space.
Page 15 of 17
Words struck through are deleted; words underlined are added.
(4) NBMO Rural Village. No change.
(a) Density. No change.
i. The minimum required density shall be achieved through
TDR credits. TDR Bonus Credits. and Rural Village Bonus
credits, as provided in section 2.03.08 fA~:.f2~:.fbj:.(3)(C).
ii. Once the minimum required density is achieved, additional
DENSITY may be achieved, up to the maximum of three (3)
dwelling units per gross acre through anyone or combination of
the following:
a) TDR Credits;
b) TDR Bonus Credits;
bj c) 0.3 dwelling unit per acre for each acre of native
vegetation preserved on-site;
e1 d) 0.3 dwelling unit per acre for each acre of wetlands
having a functionality vGlue, as assessed using the
South Florida Water Management District's Unified
wetlands Mitigation Assessment Method, of 0.65 or
greater that are preserved on-site; and/or
~ e) 0.3 dwelling unit per acre for each acre of NBMO
Sending Land that is within either a NRP A or a buffer
area adjoining a NRP A that is dedicated to a public or
private entity for conservation use.
SECTION FOUR: CONFLICT AND SEVERABIL TIY
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 or competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portion.
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or re-lettered to accomplish such and the word "ordinance" may be changed
to "section," "Chapter," or any other appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by majority vote of the Board of County
.., "r'! ,.(.. L
Commissioners of Collier County, Florida, this J day of "---J.t' pi¡ /}'1t'L 11005.
I
Page 16 of 17
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~W r~~
FRED W. COYLE , 'C~I~A-;
Page 17 of 17
This Cídfnanc:e filed with tne
~retory of SJi1~eLs Office ti¡,,,!
..J¡,../ _ day of 1061_, 1f){15
and acknowledgement of thct
~~I Bye jved th&i:J:
Deputy C k
Words struck through are deleted; words underlined are added.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2005-49
Which was adopted by the Board of County Commissioners on
the 27th day of September, 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 29th day
Of September, 2005.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-offtc;:,i0...tp Board of
l' C un. t~..\r: .Ö''';.í~.Jij3 ioners
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