Agenda 05/14/2019 Item #11D (Advertise LDC/Landscaping Standards)05/14/2019
EXECUTIVE SUMMARY
Recommendation to direct staff to advertise, and bring back for a public hearing, an Ordinance
amending the Land Development Code relating to commercial landscaping standards, at the June
25, 2019, Board meeting.
OBJECTIVE: To obtain Board direction to advertise and hold a public hearing for a proposed Land
Development Code (LDC) amendment, relating to commercial landscaping standards in shopping centers.
CONSIDERATIONS: Over several years, residents have petitioned the Board regarding perceived
aesthetic impacts on surrounding residential neighborhoods when mature canopy trees are removed from
shopping centers and replaced with the LDC’s minimum tree planting requirements.
On January 23, 2018, Zoning Division staff presented background information to the Board regarding
landscaping changes in shopping centers, and potential LDC changes that could mitigate the perceived
impacts on the surrounding community from the loss of mature canopy trees. At that time, the Board
directed staff to draft LDC standards that maintain the ability to change existing landscaping plans while
also ensuring any changes would retain mature canopy trees and maintain an aesthetically pleasing
community appearance.
An initial draft reviewed by Development Services Advisory Committee (DSAC) and the Collier County
Planning Commission (CCPC) attempted to increase the minimum planting size requirements for
shopping centers, however, due to increased cost and availability of larger trees, the amendment did not
receive a recommendation of approval from the DSAC or CCPC. In response, staff took additional time to
revise the amendment and re-review with each advisory board.
This amendment makes four modifications to the landscaping requirements for shopping centers to
minimize the impact of mature landscaping being replaced with minimum sized trees:
1. Allows additional spacing in Type D buffers for improved visibility into shopping centers.
2. Limits the planting of slash pine and bald cypress to 30 percent in new land scaping plans or
existing landscaping plans that are removing trees from the Vehicle Use Area (VUA) or Type D
buffer.
3. Limits the large-scale removal or replacement of required trees in the VUA and Type D buffer to
50 percent of the required trees within a period of 10 years.
4. Provides an exemption for trees removed through a cultivated tree removal permit, or to replace
diseased or dead trees.
Advertising and holding a public hearing on June 25, 2019 will allow the Board to evaluate the
recommendations made by the advisory boards. Alternatively, the Board may elect not to hold a hearing if
this LDC amendment is no longer a priority.
DSAC RECOMMENDATION: The DSAC reviewed the amendment on February 6, 2019 and stated
that the amendment is unnecessary and recommended denial of the amendment. However, the DSAC
offered that if the amendment were approved by the Board, the 50 percent limitation on removal of
required trees and the prohibition on slash pine and bald cypress should be removed. Additionally, DSAC
recommended the limitation of 15 years should be reduced to 10 years, which was incorporated into the
amendment.
CCPC RECOMMENDATION: The CCPC reviewed the amendment on February 7, and March 7,
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2019, and unanimously recommended approval with no changes.
FISCAL IMPACT: There are no fiscal impacts associated with this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality. A majority vote is
needed to approve the advertising. An affirmative vote of four will be required when the Board holds a
hearing on LDC amendment. (HFAC)
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
RECOMMENDATION: To direct staff to advertise, and bring back for a public hearing, an Ordinance
amending commercial landscaping standards in the LDC.
Prepared by: Jeremy Frantz, AICP, LDC Manager, Zoning Division
ATTACHMENT(S)
1. 4.06.02 and 4.06.05 Commercial Landscaping 3-14-19 FOR BCC Direction (PDF)
2. draft LDC ordinance - commercial landscaping - 4.10.19 (PDF)
3. Commercial Landscaping PowerPoint (PPTX)
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05/14/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.D
Doc ID: 8627
Item Summary: Recommendation to direct staff to advertise, and bring back for a public hearing,
an Ordinance amending the Land Development Code relating to commercial landscaping standards, at the
June 25, 2019, Board meeting. (Jeremy Frantz, AICP, LDC Manager, Zoning Division)
Meeting Date: 05/14/2019
Prepared by:
Title: Planner, Senior – Zoning
Name: Jeremy Frantz
04/11/2019 1:25 PM
Submitted by:
Title: Division Director - Planning and Zoning – Zoning
Name: Michael Bosi
04/11/2019 1:25 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 04/11/2019 2:51 PM
Zoning Michael Bosi Additional Reviewer Completed 04/16/2019 8:04 AM
Growth Management Department James C French Deputy Department Head Review Completed 04/16/2019 8:18 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 04/16/2019 9:19 AM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 04/22/2019 1:55 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/22/2019 3:20 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/24/2019 11:37 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 04/25/2019 10:14 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 05/05/2019 8:35 PM
Board of County Commissioners MaryJo Brock Meeting Pending 05/14/2019 9:00 AM
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20180002769
SUMMARY
This Board directed amendment places new restrictions on the replacement
and removal of required landscaping trees at commercial shopping centers.
The amendment seeks to maintain mature canopy trees at shopping centers
and their value to the surrounding neighborhood.
LDC SECTIONS TO BE AMENDED
4.06.02 Buffer Requirements
4.06.05 General Landscaping Requirements
ORIGIN
Board of County
Commissioners
HEARING DATES
BCC TBD
CCPC 03/07/2019
02/07/2019
DSAC 02/06/2019
DSAC-LDR 12/18/2018
10/16/2018
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval with Changes
DSAC
Denial
CCPC
Approval
BACKGROUND
On January 23, 2018, the Board directed staff to draft LDC standards that maintain the ability to change
existing landscaping plans while also ensuring those changes would retain mature canopy trees and
maintain an aesthetically pleasing community appearance.
This amendment makes four modifications to the landscaping requirements for shopping centers to
minimize the impact of mature landscaping being replaced with minimum sized trees:
1. Allows additional spacing in Type D buffers for improved visibility into shopping centers.
2. Limits the planting of slash pine and bald cypress to 30 percent in new landscaping plans or
existing landscaping plans that are removing trees from the Vehicle Use Area (VUA) or Type
D buffer.
3. Limits the large-scale removal or replacement of required trees in the VUA and Type D Buffer
to 50 percent of the required trees within a period of 10 years.
4. Provides an exemption for trees removed through a cultivated tree removal permit, or to replace
diseased or dead trees.
See Exhibit A for additional background, justification, and other considerations.
DSAC-LDR Subcommittee Recommendation:
The DSAC-LDR Subcommittee reviewed the amendment on October 16, 2018, and made the following
comments:
1. The current requirements for shopping centers already require plantings to be larger than typical
development. Creating a new standard that only applies to shopping centers is unnecessary.
2. The provisions related to visibility should be removed as it will not improve visibility for cars
passing by at high speeds. Additionally, cell phones are commonly used for navigation so
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creating a different buffer standard only for Type D buffers won’t necessarily improve visibility.
Consider focusing on signage instead of limits on plantings. Changing sign standards so they
don’t interfere with landscaping would be more beneficial.
3. The slash pine and bald cypress prohibition should clearly state that they can’t be used for
proposed landscaping but that it doesn’t affect existing trees. Protections for existing slash pine
and bald cypress in parking lots would be preferable.
4. One of the shopping centers that gained attention for its landscaping changes was trying to
address tree roots damaging the parking lot and lighting that was too close to trees. Not allowing
the removal of landscaping forces property owners to be liable for trip and fall hazards when
roots are damaging pavement or prevents them from updating developments that were built to
out-dated standards.
The DSAC-LDR Subcommittee reviewed the amendment a second time on December 18, 2018 and
stated that the amendment is not necessary and furthermore that the limitation on removing a maximum
of 50 percent of the landscaping within 15 years is too restrictive. However, the Subcommittee
recommended that if the Board were to approve the amendment, the 50 percent limitation should be
removed, and the timeframe reduced to ten years.
DSAC Recommendation:
The DSAC reviewed the amendment on February 6, 2019 and stated that the amendment is unnecessary
and recommended denial of the amendment. However, the DSAC offered that if the amendment were
approved by the Board, the 50 percent limitation on removal of required trees and the prohibition on
slash pine and bald cypress should be removed. Additionally, the limitation of 15 years should be reduced
to 10 years.
CCPC Recommendation:
The CCPC reviewed the amendment on February 7, 2019 and made the following recommendations:
• Remove the word “mature” from the purpose and intent section.
• Reduce the 15-year limitation to 10 years.
• Consider removing the prohibition on slash pine and bald cypress or create a limitation on their
use.
• Remove the reference to PUD deviations and variances.
FISCAL & OPERATIONAL IMPACTS
The amendment will increase costs for shopping
center owners when proposing to replace or
remove more than 50 percent of the required trees
and may result in unexpected costs when
proposals trigger the limitation. There are no
anticipated fiscal or operational impacts to Collier
County.
GMP CONSISTENCY
Based upon the attached analysis, the proposed
LDC amendment may be deemed consistent with
the GMP (See Exhibit B).
EXHIBITS: A) Additional Background and Justification B) GMP Consistency Review
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Amend the LDC as follows:
1
4.06.02 Buffer Requirements 2
3
* * * * * * * * * * * * * 4
5
C. Types of buffers. Within a required buffer strip, the following types of buffers shall be used 6
based on the matrix in table 2.4. (See Figure 4.06.02.C-1) 7
8
* * * * * * * * * * * * * 9
10
4. Type D Buffer: A landscape buffer shall be required adjacent to any road right-of-11
way external to the development project and adjacent to any primary access roads 12
internal to a commercial development. Said landscape buffer shall be consistent 13
with the provisions of the Collier County Streetscape Master Plan, which is 14
incorporated by reference herein. The minimum width of the perimeter landscape 15
buffer shall vary according to the ultimate width of the abutting right-of-way. Where 16
the ultimate width of the right-of-way is zero to 99 feet, the corresponding 17
landscape buffer shall measure at least ten feet in width. Where the ultimate width 18
of the right-of-way is 100 or more feet, the corresponding landscape buffer shall 19
measure at least 15 feet in width. Developments of 15 acres or more and 20
developments within an activity center shall provide a perimeter landscape buffer 21
of at least 20 feet in width regardless of the width of the right-of-way. Activity center 22
right-of-way buffer width requirements shall not be applicable to roadways internal 23
to the development. 24
25
a. Trees shall be spaced no more than 30 feet on center in the landscape 26
buffer abutting a right-of-way or primary access road internal to a 27
commercial development. As an alternative for shopping centers, the 28
following tree spacing may be allowed through a landscaping plan change 29
to provide additional visibility into shopping centers: 30
31
i. Trees may be spaced no more than 60 feet on center, and 32
33
ii. There shall be at least three consecutive trees on both sides of the 34
60-foot spacing. Said trees shall be spaced no more than 30 feet 35
on center with at least a 30-foot crown spread per tree at the time 36
of the alternative spacing approval. 37
38
# # # # # # # # # # # # # 39
40
4.06.05 – General Landscaping Requirements 41
42
* * * * * * * * * * * * * 43
44
D. Plant Material Standards 45
46
* * * * * * * * * * * * * 47
48
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2. Trees and palms. All required new individual trees, shall be species having an 1
average mature spread or crown of greater than 20 feet in the Collier County area 2
and having trunk(s) which can be maintained in a clean condition over five feet of 3
clear wood. Trees adjacent to walkways, bike paths and rights-of-way shall be 4
maintained in a clean condition over eight feet of clear wood. Trees having an 5
average mature spread or crown less than 20 feet may be substituted by grouping 6
the same so as to create the equivalent of 20-foot crown spread. For code-required 7
trees, the trees at the time of installation shall be a minimum of 25 gallon, ten feet 8
in height, have a 1¾-inch caliper (at 12 inches above the ground) and a four-foot 9
spread. 10
11
a. A grouping of three palm trees will be the equivalent of one canopy tree. 12
Exceptions will be made for Roystonea spp. and Phoenix spp. (not 13
including roebelenii) which shall count one palm for one canopy tree. Palms 14
may be substituted for up to 30 percent of required canopy trees with the 15
following exceptions. No more than 30% percent of canopy trees may be 16
substituted by palms (or palm equivalent) within the interior of a vehicular 17
use area and within each individual Type D road right-of-way landscape 18
buffer. Palms must have a minimum of 10 feet of clear trunk at planting. 19
20
b. All new trees, including palms, shall be of a species having an average 21
mature height of 15 feet or greater. 22
23
c. As of {Effective date of this Ordinance}, no more than 30 percent of 24
required trees for new landscaping plans may be slash pine (Pinus elliottii) 25
or bald cypress (Taxodium distichum) within the vehicular use areas or 26
Type D buffers. 27
28
* * * * * * * * * * * * * 29
30
O. Tree replacement or removal in shopping centers. 31
32
1. Purpose and intent. This section is intended to apply to the removal or replacement 33
of existing canopy trees within Type D buffers and vehicular use areas at shopping 34
centers. Extensive changes to mature landscaping have the potential to impact 35
aesthetic appearance, native plant preservation, buffering, and shade. This section 36
is not intended to prohibit other activities related to the development, 37
redevelopment, or maintenance of shopping centers. 38
39
2. Standards for tree replacement or removal within Type D buffers and vehicular use 40
areas at shopping centers. 41
42
a. A maximum of 50 percent of the required trees per 10-year period may be 43
replaced or removed through a landscaping plan change. 44
45
b. No more than 30 percent of replacement trees within Type D buffers and 46
vehicular use areas at shopping centers may include slash pine (Pinus 47
elliottii) or bald cypress (Taxodium distichum). 48
49
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c. Replaced or removed trees shall not be located entirely within one 1
contiguous area and shall be evenly dispersed throughout the Type D 2
buffers and vehicular use areas. 3
4
3. Exemption. These standards shall not apply to removal of trees through a 5
cultivated tree removal permit or to replace diseased or dead trees. 6
7
# # # # # # # # # # # # # 8
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Exhibit A – Additional Background and Justification
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Amendment History
Over several years, residents have petitioned the Board regarding perceived aesthetic impacts on
surrounding residential neighborhoods when mature canopy trees are removed from shopping
centers and replaced with the LDC’s minimum tree planting requirements.
On January 23, 2018, Zoning Division staff presented background information to the Board
regarding landscaping changes in shopping centers, and potential LDC changes that could mitigate
the perceived impacts on the surrounding community from the loss of mature canopy trees. The
Board directed staff to draft LDC standards that maintain the ability to change existing landscaping
plans while also ensuring any changes would retain mature canopy trees and maintain an
aesthetically pleasing community appearance.
A previous version of this amendment which proposed a requirement for larger replacement trees
was reviewed by the Development Services Advisory Committee (DSAC) and the Collier County
Planning Commission (CCPC). On June 21, 2018, staff presented price and availability data for
trees with a five to six-inch caliper to the CCPC. In response to the increased costs and limited
availability, the CCPC unanimously recommended not to adopt the proposed amendment, and to
direct staff to review a new LDC amendment to be further refined with the following elements:
1. A limitation on the percentage of trees that may be removed or replaced within a given
period of time.
a. The trees removed should not be clustered in one area but should be spread
throughout the project.
b. The period of time established should be based on the expected life and canopy
growth rates of removed and replaced tree species.
2. A limitation on the use of Slash pine and Bald Cypress trees within the Type D buffer for:
a. New landscaping plans, and
b. Existing landscaping plans when replacing or removing required trees from the
Type D buffer or VUA.
3. An allowance for additional spacing between buffer trees in certain instances to allow for
improved visibility into shopping centers.
Existing Standards
For many types of development, when trees are replaced in the VUAs or Type D buffers, the
replacement trees are required to meet the same minimum standards for landscaping material
required for new developments. The minimum tree height, caliper, and canopy spread required at
the time of installation are:
• Height: 10 feet,
• Caliper: 1 ¾ inches, and
• Canopy spread: four feet.
However, when trees are replaced in the VUAs or Type D buffers at shopping centers, the
replacement trees are required to meet the minimum standards in LDC section 4.06.03 B.9:
• Height: 14 to 16 feet,
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Exhibit A – Additional Background and Justification
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• Caliper: three to four inches,
• Canopy spread: six to eight feet, and
• Clear trunk height: six feet high.
These larger trees are only required at shopping centers, which are defined in LDC Section 1.08.02:
“A group of unified commercial establishments built on a site which is planned,
developed, owned or managed as an operating unit and related in its location, size,
and type of shops to the trade area that the unit serves. It consists of eight or more
retail business or service establishments containing a minimum total of 20,000
square feet of floor area. No more than 20 percent of a shopping center's floor area
can be composed of restaurants without providing additional parking for the area
over 20 percent. A marina, hotel, or motel with accessory retail shops is not
considered a shopping center.”
Additionally, trees within Type D buffers are required to be spaced no more than 30 feet on center.
This amendment does not propose any changes to the minimum height, caliper, canopy spread, or
clear trunk height of trees planted at shopping centers.
Proposed Standards
The proposed standards are intended to balance the value of mature canopy trees to the surrounding
neighborhoods and property owners with the need to redesign and update the appearance of
shopping centers. The standards are intended to allow for regular updates to shopping centers while
maintaining existing mature trees.
Proposed Changes to LDC Section 4.06.05 C.4.a.i:
Changes to this section establish new tree spacing standards within Type D buffers to provide
better visibility to shopping center buildings and wall signage. This new standard would allow
increased tree spacing from 30 feet on-center to 60 feet on-center when at least three trees on both
sides of the 60 feet on-center spacing have a minimum of a 30-foot crown spread per tree. This
arrangement is depicted in Figure 1.
Figure 1: Illustration of proposed visibility spacing within Type D buffers.
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Exhibit A – Additional Background and Justification
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Proposed Changes to LDC Section 4.06.02 D.2.c:
Changes to this section prohibit slash pine and bald cypress trees within the VUA and Type D
buffer area in new landscape plans because they do not provide adequate canopy or flourish in
irrigated areas of a site. The inadequate canopy and visual buffer are shown in Figures 2 and 3.
Figure 2: Bald cypress trees do not provide adequate canopy when leaves fall.
Figure 3: Slash pine trees do not provide an adequate visual buffer.
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Exhibit A – Additional Background and Justification
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Proposed New LDC Section 4.06.05 O.:
This new section limits the large-scale removal or replacement of mature canopy trees through a
restriction on removing or replacing more than 50 percent of required trees within the VUA or
Type D buffer within each 15-year period. For example, Figure 1 demonstrates one potential
distribution of replaced or removed trees throughout the site. The limitation is based on public
input during the amendment vetting process and a review of tree growth rates described in the Tree
Growth Analysis section below.
Figure 1. Example Distribution of Replaced or Removed Trees Throughout the Site
This section also prohibits the use of slash pine or bald cypress trees as replacement trees within
VUAs or Type D buffers and requires removal and replacement of trees to be evenly dispersed
throughout the VUA and Type D buffers.
Additionally, an exemption is provided for the trees removed through a cultivated tree removal
permit, or to replace diseased or dead trees.
Since the applicability of the proposed standards is limited to VUAs and Type D buffers, this
section would not apply to building foundation plantings or any other required landscaping.
Implementation
The proposed changes will be implemented through the existing Landscaping Plan review process.
Landscaping plans for commercial shopping centers are approved through a Site Development
Plan (SDP) and changes to an SDP (SDPA or SDPI).
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Exhibit A – Additional Background and Justification
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SDPs are administratively approved by the Growth Management Department and do not require
public notice or a public hearing.
Proposals to replace or remove trees within the Vehicle Use Area (VUA) or Type D buffer would
require the landscaping plan to include a calculation of the percentage of required trees proposed
to be removed or replaced.
The determination whether trees may be removed or replaced through a landscaping plan change
will function similar to the cultivated tree removal permit review. When a landscape plan change
is submitted, landscape plan review staff will review the percentage of trees removed or replaced
within the past 15 years. The landscaping plan change would only be approved if all landscaping
plan changes within the past 15 years do not exceed 50 percent of required trees.
Shopping centers may request relief from the 50 percent limitation through the PUD Deviation or
Variance processes, as applicable. Both processes provide for public notice and public hearings.
Tree Growth Analysis
On June 21, 2018, the CCPC recommended that the limitations in the proposed amendment should
be based on growth rates of canopy trees. To satisfy this request, staff consulted t he Native Trees
for South Florida1 published by the University of Florida’s Institute of Food and Agricultural
Sciences (IFAS), which includes growth rate information for a variety of tree species. Growth rates
are reproduced in the following table for those species that currently qualify as canopy trees in
Collier County.
Table 1. Tree Growth Rates from UF IFAS Extension
Common Name Natural
Height (ft)
Growth
Rate
Growth per
year (ft)
Red maple 35-50 Fast >2
Gumbo limbo, tourist tree 40 - 60 Medium 1 to 2
Fiddlewood 25 - 30 Slow <1
Sea grape 15 - 30 Medium 1 to 2
Willow-leaved bustic 30 - 50 Medium 1 to 2
Wild tamarind 40 - 50 Fast >2
Sweetbay 40 - 60 Medium 1 to 2
False mastic 45 - 70 Slow <1
South Florida slash 80 - 100 Fast >2
Jamaican dogwood, fish-poison tree 35 - 50 Fast >2
Sycamore 70 - 110 Fast >2
West Indian cherry 15 - 40 Medium 1 to 2
Laurel oak 60 - 100 Fast >2
Live oak 50 - 80 Medium 1 to 2
Royal palm 60 - 125 Medium 1 to 2
1 Meerow, A.W., Broschat, T.K, and Donselman, H.M. (2017). Native Trees for South Florida. University of Florida
IFAS Extension. Document EES-57.
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Exhibit A – Additional Background and Justification
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Soapberry 35 - 45 Medium 1 to 2
Paradise tree 35 - 50 Slow <1
Mahogany 35 - 60 Fast >2
Bald cypress 60 - 100 Medium 1 to 2
Wild lime 20 - 30 Medium 1 to 2
It is important to note that growth rates may be influenced by a variety of factors such as soil,
drainage, water, fertility, light, exposure. These conditions may vary from site to site and year to
year.
The IFAS growth rates were used to determine the potential time required for newly planted trees
to grow from the code minimum canopy spread of 6 to 8 feet, to the code “mature” canopy spread
of 20 feet. For the purposes of this amendment, growth rates of tree height were assumed to be the
same as growth rates of canopy spread. Using this methodology, the canopy trees listed above
require a minimum of 6 and a maximum of 14 years to reach a “mature” canopy spread. Given
that trees in parking lots may not represent ideal growing conditions, this amendment es tablishes
a limitation of 15 years before additional trees can be removed or replaced to ensure adequate time
for canopy growth.
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Exhibit B –GMP Consistency Analysis
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Growth Management Department
Zoning Division
Memorandum
To: Jeremy Frantz, AICP, Manager, Land Development Code Section
From: David Weeks, AICP, Growth Management Manager, Comprehensive Planning Section
Date: September 14, 2018
Subject: Growth Management Plan (GMP) Consistency Review
PETITION NUMBER: LDCA-PL20180002769 REV:1
PETITION NAME: LDC Sec. 4.06.02 & 4.06.05, Commercial Landscaping
REQUEST: Amend LDC Sections 4.06.02 & 4.06.05, Commercial Landscaping, by making three
modifications to the landscaping requirements for shopping centers to minimize the impact of mature
landscaping being replaced with minimum sized trees:
1. Allows additional spacing in Type D buffers for improved visibility into shopping centers.
2. Prohibits slash pine and bald cypress in new landscaping plans or existing landscaping plans that are
removing trees from the Vehicle Use Area (VUA) or Type D buffer.
3. Limits the large-scale removal or replacement of required trees in the VUA and Type D Buffer to 50
percent of the required trees within a period of 15 years.
4. Provides an exemption for trees removed through a cultivated tree removal permit, or to replace
diseased or dead trees.
COMPREHENSIVE PLANNING COMMENTS: In the limited areas where the Growth Management
Plan’s (GMP) land use elements (Future Land Use Element, Golden Gate Area Master Plan, Immokalee
Area Master Plan) address landscaping, there is no specificity provided that would conflict with the
proposed Land Development Code (LDC) amendment. In the Conservation and Coastal Management
Element (CCME), Policy 6.1.7 states, in relevant part: “The County shall require native vegetation to be
incorporated into landscape designs in order to promote the preservation of native plant communities and
to encourage water conservation. This shall be accomplished by: (1) Providing incentives for
retaining existing native vegetation in landscaped areas; (2) Establishing minimum native vegetation
requirements for new landscaping.” The proposed changes in this LDC amendment are not in conflict
with this policy.
CONCLUSION:
Based upon the above analysis, the proposed LDC amendment may be deemed consistent with the
GMP.
IN CITYVIEW
cc: Michael Bosi, AICP, Zoning Director
LDCA-PL20180002769 Sec. 4.06.02 & 4.06.05 Coml Landscaping R1 G:\CDES Planning Services\Consistency Reviews\2018\LDCA dw/9-14-18
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ORDINANCE NO. 19 – ___
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, TO AMEND LANDSCAPE REQUIREMENTS TO
PROVIDE FOR REPLACEMENT OF TREES IN SHOPPING CENTERS
AND TO LIMIT THE PLANTING OF SLASH PINE AND BALD CYPRESS
IN VEHICULAR USE AREAS AND TYPE D LANDSCAPE BUFFERS ,
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 FOUR –
SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING
SECTION 4.06.02 BUFFER REQUIREMENTS, AND SECTION 4.06.05
GENERAL LANDSCAPING REQUIREMENTS; SECTION FOUR,
CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE
COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE. [PL20180002769]
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, 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 Collier County Planning Commission, sitting as the land planning
agency, did hold advertised public hearings on February 7, 2019, and March 7, 2019, and
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reviewed the proposed amendments for consistency with the Comprehensive Plan and
recommends approval; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did
hold an advertised public hearing on ____________, 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 Manag ement 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
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.
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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, gover nmental
agencies in regard to land covered by such comprehensive plan or element shall be consistent
with such comprehensive plan or element as adopted.
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, 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
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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 4.06.02 BUFFER REQUIREMENTS
Section 4.06.02 Buffer Requirements, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
4.06.02 Buffer Requirements
* * * * * * * * * * * * *
C. Types of buffers. Within a required buffer strip, the following types of buffers shall be
used based on the matrix in table 2.4. (See Figure 4.06.02.C-1)
* * * * * * * * * * * * *
4. Type D Buffer: A landscape buffer shall be required adjacent to any road right-of-
way external to the development project and adjacent to any primary access
roads internal to a commercial development. Said landscape buffer shall be
consistent with the provisions of the Collier County Streetscape Master Plan,
which is incorporated by reference herein. The minimum width of the perimeter
landscape buffer shall vary according to the ultimate width of the abutting right-
of-way. Where the ultimate width of the right-of-way is zero to 99 feet, the
corresponding landscape buffer shall measure at least ten feet in width. Where
the ultimate width of the right-of-way is 100 or more feet, the corresponding
landscape buffer shall measure at least 15 feet in width. Developments of 15
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acres or more and developments within an activity center shall provide a
perimeter landscape buffer of at least 20 feet in width regardless of the width of
the right-of-way. Activity center right-of-way buffer width requirements shall not
be applicable to roadways internal to the development.
a. Trees shall be spaced no more than 30 feet on center in the landscape
buffer abutting a right-of-way or primary access road internal to a
commercial development. As an alternative for shopping centers, the
following tree spacing may be allowed through a landscaping plan change
to provide additional visibility into shopping centers:
i. Trees may be spaced no more than 60 feet on center, and
ii. There shall be at least three consecutive trees on both sides of
the 60-foot spacing. Said trees shall be spaced no more than 30
feet on center with at least a 30-foot crown spread per tree at the
time of the alternative spacing approval.
* * * * * * * * * * * * *
SUBSECTION 3.B. AMENDMENTS TO SECTION 4.06.05 GENERAL LANDSCAPING
REQUIREMENTS
Section 4.06.05 General Landscaping Requirements, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
4.06.05 General Landscaping Requirements
* * * * * * * * * * * * *
D. Plant Material Standards
* * * * * * * * * * * * *
2. Trees and palms. All required new individual trees, shall be species having an
average mature spread or crown of greater than 20 feet in the Collier County
area and having trunk(s) which can be maintained in a clean condition over five
feet of clear wood. Trees adjacent to walkways, bike paths and rights-of-way
shall be maintained in a clean condition over eight feet of clear wood. Trees
having an average mature spread or crown less than 20 feet may be substituted
by grouping the same so as to create the equivalent of 20-foot crown spread. For
code-required trees, the trees at the time of installation shall be a minimum of 25
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gallon, ten feet in height, have a 1¾-inch caliper (at 12 inches above the ground)
and a four-foot spread.
a. A grouping of three palm trees will be the equivalent of one canopy tree.
Exceptions will be made for Roystonea spp. and Phoenix spp. (not
including roebelenii) which shall count one palm for one canopy tree.
Palms may be substituted for up to 30 percent of required canopy trees
with the following exceptions. No more than 30% percent of canopy trees
may be substituted by palms (or palm equivalent) within the interior of a
vehicular use area and within each individual Type D road right-of-way
landscape buffer. Palms must have a minimum of 10 feet of clear trunk at
planting.
b. All new trees, including palms, shall be of a species having an average
mature height of 15 feet or greater.
c. As of {effective date of this Ordinance}, no more than 30 percent of
required trees for new landscaping plans may be slash pine (Pinus
elliottii) or bald cypress (Taxodium distichum) within the vehicular use
areas or Type D buffers.
* * * * * * * * * * * * *
O. Tree replacement or removal in shopping centers.
1. Purpose and intent. This section is intended to apply to the removal or
replacement of existing canopy trees within Type D buffers and vehicular use
areas at shopping centers. Extensive changes to mature landscaping have the
potential to impact aesthetic appearance, native plant preservation, buffering,
and shade. This section is not intended to prohibit other activities related to the
development, redevelopment, or maintenance of shopping centers.
2. Standards for tree replacement or removal within Type D buffers and vehicular
use areas at shopping centers.
a. A maximum of 50 percent of the required trees per 10-year period may be
replaced or removed through a landscaping plan change.
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b. No more than 30 percent of replacement trees within Type D buffers and
vehicular use areas at shopping centers may include slash pine (Pinus
elliottii) or bald cypress (Taxodium distichum).
c. Replaced or removed trees shall not be located entirely within one
contiguous area and shall be evenly dispersed throughout the Type D
buffers and vehicular use areas.
3. Exemption. These standards shall not apply to removal of trees through a
cultivated tree removal permit or to replace diseased or dead trees.
* * * * * * * * * * * * *
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event that any provisions of this ordinance should result in an unresolved conflict
with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP),
the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts
with any other Ordinance of Collier County or other applicable law, the more restrictive shall
apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT
CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
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.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ___ day of ______, 2019.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA
By:__________________________ By:________________________________
, Deputy Clerk WILLIAM L. MCDANIEL, JR., Chairman
Approved as to form and legality:
__________________________
Heidi F. Ashton-Cicko
Managing Assistant County Attorney
04-CMD-01077/____ (4/10/19)
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Packet Pg. 455 Attachment: draft LDC ordinance - commercial landscaping - 4.10.19 (8627 : Direction to Advertise Commercial Landscaping LDC amendment)
Commercial Landscaping
LDC Amendment May 14, 2019
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Packet Pg. 456 Attachment: Commercial Landscaping PowerPoint (8627 : Direction to Advertise Commercial
1-23-18 Board
Motion (3-2)
Allow property owners the ability to
change landscaping but in a way that
maintains mature canopies fairly and
protects the property rights of owners.
Ve t the LDC amendment with
interested stakeholders including
property owners, landscape architects,
and associations.
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Packet Pg. 457 Attachment: Commercial Landscaping PowerPoint (8627 : Direction to Advertise Commercial
Amendment
History
•June 21, 2018
•“Keep it Simple” approach presented to
CCPC -infeasible due to tree size availability.
•February 6, 2019
•Revised approach presented to DSAC –
Re commended DENIAL
•February 7, 2019 and March 7, 2019
•Revised approach presented to CCPC –
unanimously recommended APPROVAL
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Packet Pg. 458 Attachment: Commercial Landscaping PowerPoint (8627 : Direction to Advertise Commercial
Applicability
•Shopping Centers (20,000 sq. ft.
or more)
Location:
•When replacing non-palm trees
within vehicular use areas (VUAs)
and “Ty pe D” Landscape Buffe rs
through a landscaping plan
change (SDPA, SIP, SDPI).
Circumstance:
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Packet Pg. 459 Attachment: Commercial Landscaping PowerPoint (8627 : Direction to Advertise Commercial
Visibility Concerns from Pro perty Owners
Allows occasional breaks in ROW Buffer trees
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Packet Pg. 460 Attachment: Commercial Landscaping PowerPoint (8627 : Direction to Advertise Commercial
Limited Tre e Species
Slash Pine and Bald Cypress limited to 30% within Vehicle Use areas and “Ty pe D” Buffers.
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Packet Pg. 461 Attachment: Commercial Landscaping PowerPoint (8627 : Direction to Advertise Commercial
Limitation on Large-Scale
Tr ee Removal
Removal or
replacement of
required trees:
•Limited to 50
percent within a 10-
year period.
•Must be evenly
dispersed
throughout the site
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Packet Pg. 462 Attachment: Commercial Landscaping PowerPoint (8627 : Direction to Advertise Commercial